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HomeMy WebLinkAbout05534, CITY OF IRWINDALE LOS ANGELES COUNTY, CALIFORNIA ORDINANCE NO. 55 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE RELATING TO PENALTIES AND ARRESTS FOR VIOLATION OF CITY ORDINANCES. r^^ THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: SECTION I Arrest- Notice to Agpear. If any person is arrested for the v o ateon or 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 of 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 where such person shall appear in court. SECTION 2. Five (5) Days' Notice. The time specified in the notice to appear s -H -a=5 not less than five (5) days after such arrest. SECTION 3. Place to Appear S ecified. The place spe- cified in the notice to appear shall e e ther: (a) Before a judge of a justice court or a municipal court judge within the County of Los Angeles who has jurisdiction of the offense and who is nearest and most accessible with reference to the place where the arrest is made; or (b) Upon the demand of the person arrested, before a judge of the municipal court of the Los Ang- eles Judicial District, or before a judge of a justice court or a municipal court in the Judicial District in which the offense is alleged to have been committ- ed; or (c) Before an officer authorized to receive a deposit of bail. SECTION 4. Promise to Appear. The officer shall de- liver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure a 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. SECTION 5. Filing Notice and Depositing of Bail. The officer shall, as soon as practicable, the a duplicate notice with the magistrate specified in such notice. 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. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear either in person or by coun- sel, the magistrate may declare the bail forfeited and may at his discretion order that no further proceedings shall be 35C) Ordinance No. 55 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 treasury of the County of Los Angeles for distribution in the manner provided by law. SECTION 6. Issuance of a Warrant. A warrant shall not issue on such charge for the arrest o a person who, pur- suant 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, to app- ear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment as required by law. SECTION 7. Violation of Promise a Misdemeanor. Every person wilfully violating his written prom se to appear in court is guilty of a misdemeanor, regardless of the dispos- ition of the charge upon which he was originally arrested. SECTION 8. Issuance of a Warrant. When a person signs a written promise to appear at tet me and place specified in the written promise to appear and has not posted bail as provided in Section 5 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 which he promised to appear, then within twenty days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have de- livered 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 off- icer shall immediately deliver to the magistrate having jur- isdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. SECTION 9. Violation of This Every person violating this or any o City is guilty of a misdemeanor. SECTION 10. Penalties. Violation of this or any other ordinance of this C ty, un ess otherwise provided in such ordinance, is punishable by a fine not to exceed $500 or by imprisonment in the Los Angeles County Jail for not to exceed six (6) months, or by such fine and imprisonment. Each sep- arate day, or any part thereof, during which any violation of such ordinance occurs or continues constitutes a separate offense, and upon conviction thereof shall be punishable as herein provided. SECTION 11. Reference to Penal Code. The provisions of this ordinance, except Section 9 -a-n= thereof, have been enacted pursuant to the provisions of Sections 853.1, 853.2, 853.3 and 853.4 of the Penal Code of the State of California. SECTION 12. Effective Date and Publication. This ord- inance shall take ettect thirty-(30)ddays a ter t e date of its adoption and, prior to the expiration of fifteen (15) days from the passage thereof, shall be posted in three public places within the city limits of the City of Irwindale, as prescribed by Resolution No. 57-1. ADOPTED this °)-I day of C (VA(j , 1958. -2- 351 Ordinance No. 55 ATTEST: %? 0-t' 0�4't t-- CityClerk — I HEREBY CERTIFY that the above Ordinance No. 55 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the a / day of 1958. That not less than 5 days thereafter said ord ancrwas duly adopted and passed at a regular meeting of the City Coun- cil on the ,�,/ day of 19582 by the following vote, to wit: Ayes DIAZ, SILVA, ORNELAS Noes NONE Absent GARCIA, MARTINEZ I FURTHER CERTIFY that said ordinance was thereupon signed by the Mayor of the City of Irwindale. city Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) as. CITY OF IRWINDALE ) MAXINE M. HORST, being first duly sworn, deposes and says: That she is the City Clerk of the City of Irwindale, California, and is and was at all times herein mentioned a citizen of the United States over the age of eighteen (18) years and competent to be a witness herein. r- On/a/�3 1, 1958, she securely and conspicuously posted at each of the public places in said city, to wit: (1) 5140 North Irwindale Avenue (2) Post Office on Irwindale Avenue (3) Southwest corner of Arrow Highway and Irwindale Avenue a copy of Ordinance No. 55 of the City of Irwindale, being in all respects the same as that attached hereto and made a part hereof. Dated: Dgtober 22 2 1958. ;�2 CrityClerk ot the City o Irwindale, California -3-