Ordinance 734
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ORDINANCE NO. 734
AN ORDINANCE OF THE CITY OF GILROY REPEALING ORDINANCE
NO. 732 PROVIDING FOR CITATION ISSUANCE AND PROCEDURE
AND ADDING CHAPTER 6A TO THE GILROY CITY CODE PROVIDIN,]
FOR CITATION ISSUANCE AND PROCEDURE TO THE GILROY CITY
CODE
THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
SECTION I: Ordinance No. 732 and Chapter 28 of the Gilroy
city Code in which Ordinance NO. 732 is set forth is hereby
repealed.
SECTION II: Chapter 6A is hereby added to the Gilroy City
Code to read as follows:
CHAPTER 6A
CITATION PROCEDURE FOR VIOLATIONS
Sec. 6A.1. SHORT TITLE.
This Ordinance shall be known as the "Gilroy Citation
Ordinance."
Sec. 6A.2. ARRESTING OFFICER DEFINED.
For the purposes of this Ordinance, the terms "arresting
officer" and "officer" shall mean any policeman of the City
of Gilroy, the Chief of police, or any official of the City,
including the Building Inspector, who is charged with the.
enforcement of the Ordinance in equestion, or the City
Administrator.
Sec. 6A.3. USE OF CI~TION PROCEDURE.
Whenever any person is arrested for the violation of any
ordinance of this Cit , and such person is not immediately
taken before a magistrate, as is more fully set forth in the
penal Code of the State of California, the arresting officer
shall prepare in quadrip1icate a written notice to appear in
Court, containing the name and address of such person, the
offense charged, and the time and place when and where such
person shall appear in court.
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Sec. 6A.4. TIME AND PLACE TO APPEAR.
(a) The time specified in the notice to appear shall be
not less than ten (10) days after such arrest.
(b) The place specified in the notice to ap~ear shall be
the Court of the magistrate before whom the person would be
taken if the requirement of taking an arrested person before
a magistrate were complied with or shall be before an officer
authorized by such court to receive a deposit of bail.
Sec. 6A.5. DELIVERY OF COpy OF NmTICE TO APPEAR.
(a) The arresting officer shall deliver one copy of the
notice to appear to the arrested person and the arrested
person in order to secure release must give his written
promise so to appear in court by signing the duplicate
notice which shall be retained by the officer. Thereupon,
the arresting officer shall forthwith release the person
arrested from custody.
(b) The officer shall, as as practicable, file the dupli-
cate notice with the magistrate specified in the notice.
Thereupon, the magistrate will fix the amount of bail in
accordance with law. The defendant may, prior to the date
upon which he promised to appear in Court, deposit with the
magistrate the amount of bail set by such magistrate. There-
after, at the time when the case is called for arraignment
before the magistrate, if the defendant does not appear,
either in person or by counsel, the magistrate may declare
the bail forfeited and may, in his discretion, order that no
further proceedings be had in such case. Upon the making
of such order that no further proceedings be had, all sums
deposited as bail shall forthwith be paid into the County
Treasury for dlstrl~u~~on ~~rD~ant to Section 1463 of the
penal Code of the state of California.
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Sec. 6A.6. WHEN NO WARRANT TO ISSUE.
A warrant shall not be issued on such charge for the arrest
of a person who, pursuant to the provisions of this Ordinance,
has given such written promise to appear in court unless and
until he has violated such promise, or has failed to deposit
bail, or to appear for arraignment, trial or judgment, or to
comply with the terms and provisions of the judgment as
required by law.
Sec. 6A.7. WARRANT FOR ARREST ON FAILURE TO APPEAR.
When a person signs a written promise to appear at the time
and place specified in the written promise to appear, and
has not posted bail as provided in Sec. 6A.5 (b) of this
Ordinance, the magistrate shall issue and have delivered
for execution a warrant for his arrest within twenty (20)
days after his failure to appear as promised. If a person'
promises to appear before an officer authorized to accept
bail other than a magistrate and fails to do so on or
before the date on which he promised to appear, then within
twenty (20) days after the delivery of the written promise to
appear by the officer to a magistrate having jurisdiction 'over
the offense, such magistrate shall issue and have delivered
for execution a warrant for his arrest. When such person
violates his promise to appear before an officer authorized
to receive bail other than a magistrate, the officer shall
immediately deliver to the magistrate having jurisdiction
over the offense charged the written promise to appear and
the complaint, if any, filed by the arresting officer.
Sec. 6A.8. VIOLATION OF PROMISE TO APPEAR A MISDEMEANOR AND
PENALTY THEREFOR.
Any person wilfully violating his written promise to appear
in Court is guilty of a misdemeanor, regardless of the dis-
position of the charge upon which he was originally arrested.
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Such violation is punishable by a fine not to exceed $500.00,
or by imprisonment in the County or C".ty Jail for not to
exceed six (6) months, or by both such fine and imprisonment.
Sec. 6A.9. VIOLATION OF GILROY ORDINANCES.
Every person violating this or any other ordinance of the
city of Gilroy is guilty of a misdemeanor, and violation of
this or of any other ordinance, is punishable by a fine not
to exceed $500.00, or by imprisonment in the County or city
Jail for not to exceed six (6) months, or by both such fine
or imprisonment.
Sec. 6A.10. AUTHORITY FOR ENACTING.
The provisions of this Ordinance, except for Sec. 6A. 9 have
been enacted pursuant to the provisions of Chapter 5b of the
Penal Code of the State of California.
SECTION III: This act is an emergency measure necessary for
the immediate preservance of the public peace, health or safety
within the meaning of Sec. 602 of the Charter of the city of Gilroy
and shall go into immediate effect. The facts consituting such
lame:J"9enCly! are:
The within ordinance, with one or two minor changes, has
heretofore been adopted as Chapter 28 of the Gilroy city Code,
the subject of which have been arranged alphabetically by the
codifier. By including the ordinance as Chapter 28 in the said
code disrupts the alphabetical arrangement of the subjects of the
code. The Company which prepared the Code and makes the revisions
from time to time is now about to print and publish a revision in
which it has requested the Council to remove the said ordinance
as Chapter 28 of the Code and put it in as Chapter 6A of said Code
where it properly belongs from the alphabetical standpoint. To
preserve the orderly arrangement of the Code, it is necessary that
this present ordinance be adopted immediately so that it may be
included in tee revision of the Code now in the process of being
printed and published and it is necessary for the Council and the
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officers of the city of Gilroy to have, at all times, a properly
printed and published Code of the city of Gilroy.
PASSED AND ADOPTED this -12!h day of February, 1965, by the
following vote:
AYES:
COUNCIIMEMBERS :Eckard,Goodrich,Jordan,Quarti rol i,
Wentworth and Petersen.
NOES:
COUNCIIMEMBERS :None
ABSENT:
COUNCIIMEMBERS : Duff i n
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Mayor
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City Clerk
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I, SUSANNE E. PAYNE , City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No. 734 Is an original ordinance, duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
the 15th day of February , 19 65. at which meeting
a quorum was present.
I further certify that the said ordinance has been pub-
lished In accordance with the charter of the CIty of Gilroy.
IN WITNESS WHEREOF, I have hereunto set my hand and af-
fixed the official seal of the City of Gilroy, this 16th day of
febcuacy
City Clerk of