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Ordinance 732 ~_,.._......___...~,.._,"-"'._~,~"",,",^.";"_.__.'_'';'~'''-''-;;_''''"""'''''-E'''_''~'~'''''''''''_~^_'''_=__''''''''''',~""",~,;~,,,,, ~-ii"'ir f-......,-.......-... ",,,,,,_",__,_.,,-,~,,....,,,,,,,,,.>,....~~~.~~_.~_,;>-,,,,,,-.,,,,,,,,,,,_,,,,,,",,,,,,,,.;.,,~_.. 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: /' i"... ;':::;?:' ',~ '../ /o'"""/~ """";) <: t ~.,'<-s2--'L-~___<-- Mayor ATTEST: r:) 1 \ /?/"~' ". ...... ..../ v {jet/; "JK/ City Clerk ~, .J....../' (4) . , ~"':', j , c