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HomeMy WebLinkAboutORD 151ORD 151ê79wV ×Pè= ORDINANCE NO. 151 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADD- ING SECTION 1203 TO THE BALDWIN PARK MUNICIPAL CODE TO PROVIDE FOR THE ISSUANCE OF CITATIONS IN LIEU OF IMMEDIATE ARREST FOR VIO- LATIONS OF MUNICIPAL ORDINANCES. The City Council of the City of Baldwin Park does ordain as follows: Section 1. That the Baldwin Park Municipal Code is amended by adding a new section thereto, designated Section 1203, to read as follows: 1203. Citation In Lieu of Immediate Arrest. a) NOTICE TO APPEAR; CONTENTS. If any person is arrested for a violation of any provision of this Code and. such person is not immediately taken before a magistrate as prescribed in the State Penal Code, 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. The notice shall comply with Section 853.1 of the State Penal Code. b) SIGNATURE AND RELEASE OF VIOLATOR. The arresting officer shall deliver one copy of the notice to the arrested person and shall secure his written promise to appear in court at the time and place specified in the notice by having him sign the dupli- cate copy. Immediately thereafter, the arresting officer shall release the arrested person from cus- tody and. shall, as soon as practicable, file the dup- licate notice with the magistrate specified therein. c) VIOLATION OF PROMISE TO APPEAR,. Any person wilfully-violating his written promise to appear in court pursuant to such notice, or who in lieu thereof fails to deposit bail as provided in Section 853.1 of the State Penal Code, is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. d) WARRANT FOR ARREST. When a person signs a written promise to appear at the time and place speci- fied in the written promise to appear and has not posted bail as provided in Section 853.1 of the State Penal Code, the magistrate shall issue and have delivered, for execution a warrant for his arrest within twenty 20) days after his failure to appear as promised, or if such person promises to appear be- fore an officer authorized to accept bail other than a magistrate and fails to do so on or before the date when he promised to appear, then, within twenty 20) days after the delivery of such written promise to ap- pear by the officer to a magistrate having jurisdiction over the offense. 1- ORD 151ê79wV ×Pè= Section 2, The City Clerk is directed to certi- fy to the adoption of this ordinance and cause the same to be published or posted in the manner required by law. This ordinance shall take effect thirty days after the date of its adoption. ADOPTED by the City Council, signed by the Mayor, and attested by the City Clerk this stn day of June 1960. ynn Cole, yor ATTES T: D l~ Thelma L. aal us, City T1_e_r7_ STATE OF CALIFORNIA COUNTY OF LOS ANGELES: SS. CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordi- nance was duly and regularly passed and adopted by the City Council of the City of Baldwin Park at its regular meeting held on the 6th day of June 1960, by the following vote: AYES: Councilmen BISHOP,- BLOXHAM, HOLMES, LITTLEJOHN & MAYOR COLE NOES: Councilmen NONE ABSENT: Councilmen NONE The Ba kus, C y C erk / Go SE C,__ 2- ORD 151ê79wV ×Pè= ORD. N0, 151 CERTIFICATE OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I hereby CERTIFY that I am the duly elected and qualified City Clerk of the City of Baldwin Park; that on the 8th day of June 1960, 1 caused to be posted in three conspicuous places a copy of Ordinance No. 151 as required by law and the Baldwin Park Municipal Code. THELMA L, BALKUS, CITY CLERK SEAL) Subscribed and s.,orn to before me this t 19-k..:'~ J.-.- Public in and for the County of Lea naeles, State of CallfontA I EVA ELDER PUGH iYy Commission xp„es March 6, 19fat3 BIB] 39007-U01 ORD-U02 151-U02 LI2-U03 FO94595-U03 FO94605-U03 DO94554-U03 C5-U03 ORDINANCES-U03 10/11/2006-U04 ROBIN-U04