HomeMy WebLinkAbout32 ORDINANCE NO. 32
AN ORDINANCE PROVIDING FOR NOTICES OF APPEARANCE
ON ARREST FOR VIOLATION OF ANY CITY ORDINANCE
,.
The City Council of the City of SaratoSs does hereby ordain as follows:
Section [:
S~ction l.l: NOTICE. TO. AP.PEAR UPON.. AP4~..ST. If any person is arrested
for a violation of any provision of any ordinance of the
City of SaratoSs and such person is not immediately taken before a
~a~istrate as prescribed by the Penal Code of the State of California,
the arrestinS officer shall prepare in d.~plicate a written notice to
appear in courts containins the name and .address of such persons· the
offense charged, and the time and place where and when such parson
shall appear in court, The time specified in the notice to appear
shall be a~ least five (5) days after such arrest.
Section' 1.2: RELEASE FROM CUSTODY UPON PROMISE TO. A.P.PEAR~ The arrest-
1 copy of the notice to the
'i~' ~'fi'aer shall de iver one
arrested person~ and the arrested peTson in order to secure release
must Siva his ~rritten promise so to appear in court by siSnin8 the dup-
licate notice which shall be retained by said officer, There upon the
'arresting office~ shall forthwith release the person arrested from
custody. The arrestins officer shall as soon as practicable file the
duplicate notice with the magistrate specified therein.
Sectin~ 1..3: ~4ARBANT.FOR..ARRESTa PROVIS!ON FOr. ISSUANCE, ~hen a person
siSns a wTitten promise to appear at the ti-~ and place
specified in the written promise to appear and has ant posted bail as
provided in Section 853,1 of the Penal Cede of the State of Californias
the maStstrata shall issue and have delivered for execution a warrant
for his arrest within twenty (20) days after his failure to appear as
promised, .or if such person promises to appear before an officer author-
ized to accept bail other than a magistrate and fails co do so on or
before the date which he promised to appears rheas within t~enty (20)
days after the delivery of such written promise to appear by the officer
to a m~istrate havins Jurisdiction over the offense.
Section 1.~: ~.I~L~UL V..IO__L~TION ~OF PROMISE TO A..P~PEA~ IS H. IS.~.EMEANOR.
It shall be unlawful for any person to wilfully violate
his written promise to appear in court, Any person who wilfully
violates his written promise to appear in court is Suilty. of a mis-
demeanors reSardless of the disposition of the charEe upon which he
was oriSinally arrested, and upon conviction Of the offense of wilfully
violatins his written promise to 'appear in court, shall be punishable
by a fine not to exceed $-500.00 or by tmprisonv~nt not to exceed six
(6) mo~ths, in the County Jails or by both fine and imprisonment,
Section 2: CONSTITUTIONALI. TY. If any section, subsection, sentence,
clause, phrase or' portion of this ordinance is for. any
reason held to be invalid or unconstitutional by the decision of any
court of competent Jurisdiction, such decision shall not affect the
validity of the rom~nin~ portions of this ordinance'. The City Cannetl
of the City .of Saratoga hereby declares that it would have .adopted this
ordinance and each section, subsection, sentence, Clause, phrase or
portion thereof irrespective of the fac~ that any one or more sections,
subsections, sentences, clauses,'phrases or portions thereof be declar-
ed invalid or unconstitutional.
Section 3: This ordinance shall take effect and be in force thirty
(30) days a~ter its passage and adoption, and prior to
the expiration of fifteen ~(15) days after its passage, it shall be
published once with the names of the members voting for and a~ainst
the same in a u~wspaper of general circulation published in the City
of Saratoga.
This ordinance was regularly introduced and after the waiting time
required by law was thereafter passed and adopted this 4th day of
.~ April ........ , 1962, by the follawix~ vote:
AYES: Brazil, Glennon, Drake~ Hartman, Langwill
NOES: None
ABSENT: None
CITY CLERK
, ,,_ ~ The above and foregoin is true and correct
' copy of Ordinance ~ ~ a which has been
published according to law.
Deputy City Clerk Date