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HomeMy Public PortalAboutOrd. 0522t~ r ORDINANCE IJC. 522 AN URDIAIAbICE OF THE CITY OF LYTdVir00D A?~RENDING ORDINANCE N0. 316 OF THE CI1^Y OF LYPrIF,rpGp By ADDING A TdEYV SECTION THERETO ^1G BE DESIGTIATED 5ECTIGId 25a. The City Council of the City of Lynvaood does ordain as follows: Section l: Ordinance No. 31f, of said City is amended by adding thereto a neva section to be designated Section 25a and to read as follows: "Section 25a; The City Judge shall have authority to estab- x lish a bail schedule for violations of this ordinance and the Clerk of the City Court is authorized to accept such bail in the cases provided. "As an alternative to any other procedure, a notice to appear may be given to any person allegedly violating any of the terms of this ordinance, as follov:~s: "Whenever any person is arrested for any violation of a.ny pro- vision or provisions oP this ordinance, the arresting officer may pre- pare, in duplicate, a varitten.notice to appear in Court, which notice shall contain the name and address of such person, the offense charged under this ordinance, and the tune and place when and vahere such person shall appear in Court. The tine specified. in said notice to appear must be at least five (5) days after such arrest. The place specified in such notice to appear shall be before the City Judge of the City of Lynwood. Said officer shall deliver one copy of such notice to the arrested person, and said arrested person, in order to secure release, must give his written promise to appear in Court by signing the dupli- cate notice which shall be retained by said officer;' thereupon, the arresting officer shall release the person arrested from custody. °Sa.id officer shall, as soon as practicable, file said dupli- Cate notice vaith the City Judge of the City of Lynwood. The defendant may, prior to t_he date upon vahich he promised to appear in Court, -1- deposit with the City Judge or officer authorized by such Judge to re- ceive a deposit of bail, the amount cf bail thus set as prescribed in said bail schedule. Thereafter, at the time when the case is called for arraignment before the City Judge, if the defendant shall not appear either in person or by counsel, the Judge may declare the bail forfeited and may, in his discretion, order that no further proceedings shall be had in the case. °Upon the making of such order that no further proceedings be had,-all sums deposited as bail shall forthwith be paid into the City Treasury of said City. "njo warrant shall issue on such charge for the arrest of a. per- son vaho had given such written promise to appear in Court unless and un- til he has violated- such promise or has failed to deposit bail, to appear. for arraignment, trial, or judgment, or to comply with the terms and provisions of the judgment, as rewired by law, or unless in the dis- cretion of the City Judge such person should be re4uired to appear be- fore such Judge. "~Nhenever written notice to appear has been prepared, delivered., and filed with the court, as provided in this ordinance, an exact and legible duplicate copy of said- notice when filed with the judge specified herein shall, notwithstanding the provisions of Section 1426 of the Penal Code, constitute a complaint to which the defendant may plead. "Guilty". "If, however, tree defendant shall violate his promise to appear in court or shall not deposit lav~ful bail, or plead other than "Guilty" to the offense ch~.rged, a complaint shall be filed vrhich shall conform to the provisions of Section 1426, Penal Code, and. which shall be deemed to be an original complaint, and thereafter proceeding shall be had as provided by law." Section 2: The City Clerk shall certify to the passage and adoption oi'this ordinance and shall cause the same to be published once in the Ly muood Press, a vaeekly newspaper of general circulation, printed, published, and circulated vrithin the City of Lynvaood. First read at a regular meeting of the City Council of said City held on the 17th day of January , 1950, and finally adopted and ordered pulil!i'eh8d at a regular meeting of said Council held on the 7th day of February , 1950, by the following vote: AYES: COUNCILMEN: Bruner Stroh Willard Williams. ' NOES: COUNCILMEN: None. ABSENT: COUNCILMEN ATTEST' ITY LERK, _ F LYNS900D ym_~, mE OF CALIr ORiIA ) -.:. COuD!'_'Y GF LOS Ai':uEL ~'S: ss. CI'T'Y 0= LYNa00D ) I, the unde'rsi~ned, City Clerk of the City of Lynn>rood, and e:;-officio clerk of t;ae Council of said G5.'i,~', c_o hereby certify that the above is a true and correct copy of 0_rdi.nance ido. K22 adopted by the City Council of the City of Lyni~ood and that sa;ie oTas passed or. the date and by the note therein stated. rated this 9th day of February , 19 $0, /I ~~ CITY CLERK 0 ~'f:E CITY Or LYN''?OOD