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HomeMy WebLinkAbout851 - Violations of the Code0 :J ORDINANCE NO. 851 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 4 TO ARTICLE 1 OF THE NEW- PORT BEACH MUNICIPAL CODE RELATING TO CITA- TION PROCEDURE FOR VIO- LATIONS OF THE CODE. The City Council of the City of Newport Beach does ordain as follows: SECTION 1: Chapter 4 of Ar- ticle I is added to the Newport Beach Municipal Code to read: "Chapter 4 CITATION PROCEDURE FOR VIOLATIONS SECTION 1400. Citation Pro- cedure for Violations of Code. Except as provided in this Chap- ter, the provisions of Chapter 5b, Title 3, Part 2, of the Penal Code of The State of California, as amended, are hereby adopted and made a part of this Chapter as though fully set forth. SECTION 1401. Notice to Ap- pear for Violation of Code. (a) Whenever any person is arrested for any violation of this Code and such person is not im- mediately taken before a magis- trate as required or permitted by said Penal Code, the arresting officer shall prepare in duplicate a written notice to appear in court containing the name and address of such person, the of. fense charged, and the time and place where and when such per- son shall appear in court. (b) The time specified in the notice to appear must be at least five days but not more than fif- teen days after the arrest. (c) The place specified in the notice to appear shall be either: (1) Before a judge of a jus- tice court or a municipal court in Orange County who is near- est and most accessible with reference to the place where the arrest is made; or (2) Upon demand of the person arrested, before a judge of a justice court or a muni- cipal court at the County Seat of Orange County; or before a judge in the judicial district in which the offense is alleged to have been committed; or (3) Before an officer author- ized by the City or the Court of the Newport Beach Judicial District to receive a deposit of bail. (d) The officer shall deliver one copy of the notice to appear to the arrested person and the _ arrested person in order to se- cure release must give his writ- - ten 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. (e) The officer shall, as soon as practicable, file the duplicate notice with the magistrate speci- fied therein. Thereupon bail shall be set and the matter dealt with according to law. SECTION 1402. Violation of Promise to Appear Misdemeanor. Any person wilfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. SECTION 1403. Failure to Ap. pear, Warrant for Arrest. When a person signs a written promise to appear and has not posted bail to assure his appearance, 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, or if such person promises to appear before an of- ficer 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 (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdic- tion over the offense. When such person violates his Promise to appear before an of- ficer authorized to receive bail other than a magistrate, the of- ficer shall immediately deliver to the magistrate having juris- diction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. SECTION 1404. Arresting Offi- cers Defined. For the purposes of this Chapter, the terms `arresting officer' and `officer' mean any policeman of the City and any other employee of the City whose duty. it is to enforce the provi- sions of this Code who is author- ized by the City Manager to use the citation procedure estab- lished in this Chapter in the per- formance of his enforcement duties." SECTION 2: This Ordinance shall be published once in the Newport Harbor Ensign, a news- paper of general circulation, printed and published in the City of Newport Beach, and the same shall be effective 30 days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 23rd day of June, 1958, and was adopted on this 14th day of July, 1958, by the following vote, to wit: AYES, COUNCILMEN: HART, LORENZ, SOMERS, ATKINSON, HIGBIE, STODDARD. NOES, COUNCILMEN: NONE. ABSENT, COUNCILMEN: KINGSLEY. ATTEST: Margery Schrouder City Clerk James B. Stoddard Mayor Publish: July 17, 1958 in the Newport Harbor Ensign. 11,0 STATE OF CALIFORNIA IS COUNTY OF ORANGE S. CITY OF NEWPORT BEACH Margery SChrouder _ , City Clerk of the City of Newport Beach, California, do hereby certify that the foregoing........�dg??al?Ce No ........ .......:.....................was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the ....... 1411h ..... day, of- ........... -,y Al Y .......................... ............19..5 by the following vote: Hart, Lorenz, Somers, Atkinson, Higbie, Stoddard AYES: COUNCILMEN ----------- ---- --------------------------- ......---- ® NOES: COUNCILMEN ... Hone U Kingsley ABSENT: COUNCILMEN----------------------------------------------------------------------------------•---------------------------------------------- Dated this-...... th ........ day of-------------- tag a t ............... .................................................... 19._58 NB 130 -500 12/56 ............A ..... ...... .... .....:�..4 : ✓- uvF- �:cw,� G1y Clerk end - Offici Clerk of the City Council, City of Newport Beach, State of California