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Ordinance 734 ,. -'" '" _-fA 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SECTION I: Ordinance No. 732 and Chapter 28 of the Gilroy city Code in which Ordinance NO. 732 is set forth is hereby repealed.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. ( l) 73Jj ~ , " . > JlIIlt .......... 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. (2) '.~'~'" ""'f'r'.~"'~;f.~ ,~,."..,,,,,~.,-,.\~."~.,oj>f-'~-_,,,'_.' """''''''- - - . ."ll. ~,- ,;,J ~ 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. (3) <'~'''''i''''''!:,__''~<irec~~''''~'''''''''''''~"'''_''''''''_"'''''_'_'"''''''''~''''-1 ,"""""""N,.-" ~- .~ ,""W """,,...' 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 (4) ." ..... ,,",,;4;# 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 2~' /' 1~.-0 Mayor ATTES~: . t . } Q. /2~O($1?11 ,/ City Clerk (5) ~.",,,-.,..,.,...,,;,._--,,,,,,,,,' I i!i'~f '" ro.' 'L'-",fM_~~~t;~~""'~"""''''~''~'''__''''''',''''-~,_,,,,,,c,,,,,,,,,,_,,,_~_,,,"""""",,,~l14~ 1~1'Ill'; ~,.~lf~!llI' '4IIIh11'~~~'<JlI'_,~~cjl'~_"'''''''I''i''''''''-_'!M~'_''''IM':ffl_._I','l'''...;,,-,...,....>-'.,...;,-..,;,"'........ ." '_.~ 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