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HomeMy Public PortalAboutOrd. 0674ORDINANCE N0. 674 AN ORDINANCE OF THE CITY OF LYNWOOD PROVIDING FOR THE ISSUANCE OF CITATIONS FOR VIOLATIONS -0F CITY ORDINANCES. The City Council of the City of Lynwood. does ordain as follows: Section 1. ISSUANCE OF CITATIONS FOR VIOLATIONS OF CITY ORDINANCES. (a) Then Person .Arrested. to be Given Notice to Appear, k Whenever a person is arrested for a violation of any ordinance of the City of Lynwood 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 notioe 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. (b) Time for Appearance, The time specified. in the notice to appear must be at least five days after such arrest. (c) Plaoe of Appearance. The place specified. in said notice to appear shall be before a judge of the Municipal Court of the Compton Judicial District, or before an officer authorized. by the County of Los Angeles to receive a deposit of bail. (d) Delivery of Copy to Arrested. Person; Release Upon Signing Duplicate Notioe. Said. 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 I.~A T~Y+o~r ..~-.....~.~L~_l r._. _ notice with the magistrate .specified therein, Thereupon, the magis- trate shall fix the amount of bail which in his judgment, in accordance with provisions of Section 1275 of the Penal Code of the State of California,will be reasonable and sufficient for the appearance of the d.efend.ant and shall endorse upon the notice a statement signed by him in the form set forth in .Section 815 (a) of the Penal Code of the State of California.. The defendant may, prior to the date upon which he promised. to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called. for arraignment before the magistrate, if the defendant shall no L- appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his discretion order that no further proceedings shall 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. to the county treasury for distribution pursuant to Section 1463 of the Penal Code of the State of California. (f) Issuance of Warrant for Arrest, No warrant shall be issued on such charge for the arrest of a person who has given such written promise to appear in court, unless and. until he has violated such promise or had. failed. to deposit bail, to appear for arraignment, trial, or judgment, or to comply with the terms and. provisions of the judgment as required. by law. (g) Violation of Promise to Appear. 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., (h) Issuance of Arrest Warrant on Failure to Appear, When a person signs a written promise to a ppear at the time and place specified. in the written promise to'appear and. has not p~.ctPa before an officer authorized to accept bail other than a magistrate and fails to do so on or before then within twenty (20} da s the date which he promised to appear S' after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate the officer shall immedia ely deliver diction over to the magistrate having juris- the offense charged, the written promise to appear and. the complaint, if any, filed. by the arresting officer, Section 2, The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Lynwood Press, a weekly newspaper published, printed., and circulated in the City of Lynwood, California, First read at a regular meeting of the City Council of said City held. on the 20th day of adopted and ordered aa,7ourneday' 1958, and finally published. at a egular meeting of said Council held on the 27th day of Ma y ~ 1958, by the followin Ayes: Councilmen g vote' English, Finch, Pender, Summers, Noes: Councilmen _ None. Absent; Councilmen Comp ont AT ~Y6 TH C 0 LE ' 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES; ss, CITY OF LYNWOCD I, the undersigned City Clerk City of Lynwood., and ex-officio clerk of the of said Oit of the Council Y, do hereby certify that the-above is a true and correct copy of ordinance No- 6_ 7__4 _ adopted by the City Council of the City of Lynwood and. that same was passed on the date and by the vote therein stated.. - Dated this 28th ---.- day of _----May_= 19 58 . ~I ITY CLE C 0 LY WOOD 9