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HomeMy Public PortalAboutOrdinance 61-38ORDINANCE NO. 61 -38 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING THE TEMPLE CITY MUNICIPAL CODE BY ADDING SECTION 1200.1 THROUGH 1200.10 RELATING TO ARRESTS AND PENALTIES FOR VIOLATIONS OF CITY ORDI- NANCES. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: SECTION 1. The Municipal Code of the City of Temple City is hereby amended by adding thereto Sections 1200.1 through 1200.10 which sections shall read as follows: "1200.1 If any person is arrested for the violation of any ordinance of the City of Temple 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 arrest- ing 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 and when such ; person shall appear in court. "1200.2 The time specified in the notice to appear shall not be less than five (5) days after such arrest. "1200.3 The place specified in the notice to appear shall be before a judge of the Municipal Court of the Alhambra Judicial District or before an officer authorized to receive a deposit of bail. • "1200.4 The officer shall deliver 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 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. "1200.5 The officer shall, as soon as practicable, file 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 pr by counsel the magistrate may declare the bail forfeited and may at his discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further pro- ceedings be had, all sums deposited as bail shall forthwith be paid into the Treasury of the County of Los Angeles, subject to distribution to the City of Temple City according to such agree- ments as shall then be in existance between. the County of Los Angeles and the California State Highway Patrol and the City of Temple City. "1200.6 A warrant shall not issue 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, to appear for arraignment, trial or judgment, or 93 1 or to comply with the terms and provisions of the judgment as required by law. "1200.7 Every person wilfully violating his written promise to appear in court is guilty of a misdemeanor regard- less of the disposition of the charge upon which he was origi- nally arrested. "1200.8 When a person signs a written promise to appear at the time and place specified in the written promise to ap- pear and has not posted bail as provided in section 1200.4 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 such 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 war- rant for his arrest. When such person violates his promise to appear before an officer authorized to receive bail other than 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. "1200.9 Every person violating this or any other ordi- nance of this City is guilty of a misdemeanor. "1200.10 The City Attorney shall approve all forms in connection with the foregoing section 1200.1 PASSED and ADOPTED by the City Council of Temple City at a regular meeting thereof held this 27th day of March 1961, by the following called vote: AYES: Councilmen :Buchan, Dickason, Merritt, Tyrell & Fitzjohn NOES: Councilmen :None ABSENT: Councilmen :None ATTEST: Clerk of the City of Tem City, California 2 Mayor of the o emple City, California 94 1 1 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF TEMPLE CITY ) I, Marjorie A. Woodruff, do hereby certify that I have been duly appointed Deputy City Clerk of the City of Temple City, California, and that the foregoing Ordinance No. 61 -38 was introduced at a regular meeting of the City Council held on March 13, 1961, and adopted at a regular meeting of the City Council held on March 27, 1961, by the following roll call vote: AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell, Fitzjohn NOES: Councilmen -None ABSENT: Councilmen -None Dated: March 27, 1961 Depu , City Clerk of t -'- City of Temp e City, California 95