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HomeMy WebLinkAboutORD 950ORD 950x ôÎÞqORDINANCE NO. 950 AN ORDINANCE OF THE CITY OF BALDWIN PARK AMENDING THE BALDWIN PARK MUNICIPAL CODE WITH REFERENCE TO CODE ENFORCEMENT THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. There is hereby added to the Baldwin Park Municipal Code, Section 1.16.005, to read as follows: 1.16.005 Power to Arrest. Any city peace officer or other designated employee designated employee") whose duties include the enforcement any provision of this Code may arrest a person without a warrant whenever such officer or employee has reasonable cause to believe that the person to be arrested has committed in his presence a violation of this code." SECTION 2. Section 1.16.010 of the Municipal Code is amended to read as follows: Baldwin Park 1.16.010 Citation Procedure for Violations. A. Any city peace officer or other designated employee arresting any person for a violation of any provision of this Code, who does not immediately take the arrested person before a magistrate, as prescribed in the Penal Code of the state, shall prepare a written notice to appear in court. The notice shall contain: 1. The name and address of the person arrested; 2. The offense changed, the time and place of the alleged violation; and 3. Where and when the arrested person shall appear in court. B. The time specified in the notice to appear must be at least ten days after the arrest, unless waived by the arrestee. The place specified in the notice to appear, and the notice, shall be in conformity with all applicable provisions of the Penal Code of the state." SECTION 3. Section 1.16.020 of the Baldwin Park Municipal Code is amended to read as follows: 1.16.020 Delivery of Notice. The arresting city peace officer or designated employee shall deliver one copy of the notice to appear to the alleged violator. The alleged violator, in order to secure his immediate release, must give his written promise to so appear in court at the time and place indicated BIB] 37970-U01 ORD-U02 950-U02 LI2-U03 FO4404-U03 FO33426-U03 DO33455-U03 C5-U03 ORDINANCES-U03 12/11/2003-U04 ROBIN-U04 ORD 950x ôÎÞqOrdinance No. 950 August 6, 1986 thereon, by signing the duplicate notice which shall be retained by the city peace officer or designated employee. Thereafter, the arresting city peace officer or designated employee shall forthwith release from custody the person so arrested. The duplicate copy of the notice to appear shall be filed in the manner prescribed in the Penal Code of the state." SECTION 4. Section 1.16.04 of the Municipal Code is amended to read as follows: 1.16.040 Warrant Issuance. Baldwin Park ATTEST: When a person signs a written promise to appear at the time and place specified therein, and has not posted bail as provided in the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after the person has failed to appear as promised, or if the 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 with which he promised to appear, then within twenty days after the delivery of the written promise to appear by the officer to a magistrate having jurisdiction over the offense, the magistrate shall issue and have delivered for execution, a warrant for his arrest. When the 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 city peace officer or designated employee." PASSED, APPROVED AND ADOPTED this 20th day of August 198$^ \^ LINDA L. GAIB< CITY CLERK BIB] 37970-U01 ORD-U02 950-U02 LI2-U03 FO4404-U03 FO33426-U03 DO33455-U03 C5-U03 ORDINANCES-U03 12/11/2003-U04 ROBIN-U04 ORD 950x ôÎÞqOrdinance No. 950 August 6, 1986 STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. was introduced and placed upon its first reading at a regular meeting of the City Council on the 6th day of August, 1986. That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the day of August 20 1986 by the following vote: AYES: COUNCILMEN MCNEILL, IZELL, GIBSON, KING AND MAYOR WHITE NOES: COUNCILMEN NONE___ ABSENT: COUNCILMEN NONE LINDA L. GA^R, CITY CLERK BIB] 37970-U01 ORD-U02 950-U02 LI2-U03 FO4404-U03 FO33426-U03 DO33455-U03 C5-U03 ORDINANCES-U03 12/11/2003-U04 ROBIN-U04