§ 1.08.030. Notice provisions.

(a)

Time of Appearance. The time specified in the notice to appear must be at least five days after the arrest.

(b)

Place of Appearance. The place specified in the notice to appear shall be either:

(1)

Before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made; or

(2)

Before an officer authorized by the county to receive a deposit of bail.

(c)

Release of Arrested Person. 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 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.

(d)

Amount of Bail to be Fixed. The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which in his judgment, in accordance with the provisions of Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him in the form set forth in Section 815(a) of the Penal Code.

(e)

Deposit of Bail—Forfeiture—Dismissal. 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 the case is called for arraignment before the magistrate, if the defendant shall not 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 into the county treasury.

(f)

Warrant for Arrest—When Issued. No warrant shall issue 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 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.

(Ord. 2046 § 4, 1980: prior code § 3-019.17 (part))