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HomeMy WebLinkAboutOrd 0845ORDINANCE NO. '�/J' h; WITHDRAWN AN ORDINANCE ADDING §1.12.030 TO THE BURLINGAME MUNICIPAL CODE ADOPTED PUR- SUANT TO §853.1 OF THE CALIFORNIA PENAL CODE AUTHORIZING ARRESTING OFFICERS TO ISSUE NOTICES TO APPEAR TO ARRESTED PER- SONS WHO ARE NOT TAKEN BEFORE A MAGISTRATE IMMEDIATELY. The City Council of the City of Burlingame does ordain as follows: SECTION 1: §1.12.030 is hereby added to the Municipal Code of the City of Burlingame which shall read and provide as follows: 11§1.12.030 NOTICE TO APPEAR "(a) Pursuant to Section 853.1 of the Penal Code of the State of California, if any person is arrested for the violation of any section, sub- section, clause or phrase of this code, or of any ordinance of the City of Burlingame, which is punishable as a misdemeanor, and such person is not immediately taken before a magistrate as pro- vided for in said Penal Code, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name of such person, the offense charged, and the time and place where and when such person shall appear in court. "(1) The time specified in the notice to appear must be at least five (5) days after such arrest; 11(2) The place specified in the notice to appear shall be the court of the magistrate before whom the person would be taken, if -1- the requirements of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail; "(3) The 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 the person arrested from custody; "(4) The remaining provisions of Section 853.1 of the Penal Code shall apply in all cases in which a citation is issued here- under. P1(b) Pursuant to Section 853.2 of the Penal Code, any person willfully violating his written promise to appear in court is guilty of a misdemeanor, re- gardless of the disposition of the charge upon which he was originally arrested. "(c) Pursuant to Section 853.3 of the Penal Code, when a person signs a written promise to appear at the time and place specified in the written pro- mise to appear and has not posted bail as required under Section 853.1 of the Penal Code, the magis- trate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days -2- after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense. 'The remaining provisions of Section 853.3 of the Penal Code shall apply in the situation herein specified." SECTION 2: This ordinance shall be published as requirec by law. I, HERBERT K. WHITE, City Clerk of the City of Burlingame, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the day of , 196_, and adopted thereafter at a regular meeting of the City Council held on the day of , 196_, by the following vote: Ayes: Councilmen: Noes: Councilmen: Absent Councilmen: HERBERT K. WHITE, City Clerk -3-