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 '�/J' h; WITHDRAWN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
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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
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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
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