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
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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
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Mayor of the o emple City,
California
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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
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