Ordinance No. 116=225
ORDINANCE NO 116
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS RELATING TO ARRESTS AND PENALTIES
FOR VIOLATIONS OF CITY ORDINANCES
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS
FOLLOWS
SECTION 1 If any person is arrested for the violation of
any ordinance of this 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 arresting 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
SECTION 2 The time specified in the notice to appear shall be
not less than five days after such arrest
SECTION 3 The place specified in the notice to appear shall be
either
(a) Before a judge of a Justice Court or a Municipal Court
judge within this County who has jurisdiction of the offense and
who is nearest and most accessible with reference to the place where
the arrest is made, or
(b) Upon demand of the person arrested before a judge of the
Municipal Court of the Orange County Judicial District or before a
judge of a Justice Court or Municipal Court in the judicial district
in which the offense is alleged to have been committed, or
(c) Before an officer authorized to receive a deposit of bail
SECTION 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 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
SECTION 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 or 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 proceedings be had all sums deposited as bail shall forthwith
be paid into the County Treasury
SECTION 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 to comply with the terms and
provisions of the judgment as required by law.
Ordinance No 116
SECTION 7 Every 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 8 When a person signs a written promise to appear at the
time and place specified in the written promise to appear and has not
posted bail as provided in Section 5 of this ordinance the magistrate shall
issue and have delivered for execution a warrant for his arrest within
twenty 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 which he promised to
appear then within twenty 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
warrant for his arrest When such person violates his promise to appear
before an officer authorized to receive bail other than a 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
SECTION 9 Every person violating this or any other ordinance of
this City is guilty of a misdemeanor
SECTION 10 Violation of this or any other ordinance of this City
unless otherwise provided in such ordinance, is punishable by a fine not to
exceed $500 00 or by imprisonment in the County Jail for not to exceed six
months or by both such fine and imprisonment Each separate day, or any
portion thereof during which any violation of such ordinance occurs or
continues constitutes a separate offense, and upon conviction thereof shall
be punishable as herein provided
SECTION 11 The provisions of this ordinance, except Sections 9 and
10 thereof have been enacted pursuant to the provisions of Sections 853 1
853 2, 853 3, and 853 4 of the Penal Code of the State of California
PASSED AND ADOPTED by the following roll call vote of the City Council
at a regular meeting thereof held on this 18th day of December 1961
AYES 5 COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke
& Baroldi
NOES• 0 COUNCILMEN. NONE
ABSENT 0 COUNCILMEN NONE
THOMAS A BAROLDI MAYOR