Ordinance 732
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ORD lNANCE NO. 732
AN ORDINANCE OF THE CITY OF GILROY ADDING CHAPTER 28
TO THE GILROY CITY CODE AUTHORIZING AND SETTING FORTH
THE CITATION PROCEDURE FOR THE VIOLATION OF ANY CITY
ORDINANCE PUNISHABLE AS A mISDEMEANOR
THE,'COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
SECTION I: Chapter 28 is hereby added to the Gilroy City
Code to read as follows:
CHAPTER 28
CITATION PROCEDURE FOR VIOLATIONS
Sec. 28.1. SHORT TITLE.
This Ordinance shall be known as the "Gilroy Citation
Ordinance" .
Sec. 28.2. 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
who is charged with the enforcement of the Ordinance in
question, or the City Administrator.
Sec. 28.3. USE OF CITATION PROCEDURE.
Whenever any person is arrested for the violation of any
ordinance of this City, and such person is not immediately
taken before a magistrate, as is more fully set forth in the
Penal Code of the State Qf California, the arresting officer
shall prepare, in duplicate, 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.
Sec. 28.4. TIME AND PLACE TO APPEAR.
(a) The time specified in the notice to appear shall be
not less than five (5) days after such arrest.
(1)
73 ~
(b) The place specified in the notice to appear 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. 28.5. DELIVERY OF COPY OF NOTICE TO APPEAR.
(a) The arresting officer shall deliver one copy of the
notice to appear to the arrested person and the arrested per-
son 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 soon as practicable, file the
duplicate 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 distribution pursuant to Section 1463 of the
Penal Code of the state of California.
Sec. 28.6. 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
(2)
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. 28.7. 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._28.5 (b) of this Ordinance,
the magistrate shall issue and have delivered for execution a
warrant for his arrest within twenty 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 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. 28.8. VIOIATION OF PROMISE TO APPEAR A MISDElUANOR
AND PENALTY THEREFOR.
Any person wilfully violating his written promise to appear
in court is guilty of a misdemeanor regardless of the dispo-
sition of the charge upon which he was originally arrested.
Such violation is punishable by a fine not to exceed $500.00,
or by imprisonment in the County or City Jail for not to exceed
six months, or by both such fine and imprisonment.
(3)
Sec. 28.9. 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 6 months, or by both such fine or
imprisonment.
Sec. 28.10. AUTHORITY FOR ENACTING.
The provisions of this Ordinance, except for Sec. 28.9
have been enacted pursuant to the provisions of Chapter 5b
of the Penal Code of the State of California.
SECTION II: This Ordinance shall be and is hereby declared
to be in full force and effect from and after 30 days after the
date of passage and adoption and shall be published at least once
by title and summary in the Gilroy Evening Dispatch, a newspaper
of general circulation, printed, published and circulated in the
City of Gilroy, California.
This Ordinance was regularly introduced at a meeting of the
City Council of the City of Gilroy on the 2nd day of November, 1964.
It was regularly passed and adopted by the Council of said City
on the 4th
day of .JanWlr:.y.. , 1965, by the following roll call
vote:
NOES:
COUNCILMEMBERS : Duff in, Eckard,Goodr i ch ,Jordan ,Quart i ro 1 i ,
Wentworth, and Petersen.
COUNCILMEMBERS:None
AYES:
ABSENT:
COUNCILMEMBERS:None
APPROVED:
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Mayor
ATTEST:
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City Clerk
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