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ORDINANCE NO. 851
AN ORDINANCE OF THE
CITY OF NEWPORT BEACH
ADDING CHAPTER 4 TO
ARTICLE 1 OF THE NEW-
PORT BEACH MUNICIPAL
CODE RELATING TO CITA-
TION PROCEDURE FOR VIO-
LATIONS OF THE CODE.
The City Council of the City of
Newport Beach does ordain as
follows:
SECTION 1: Chapter 4 of Ar-
ticle I is added to the Newport
Beach Municipal Code to read:
"Chapter 4
CITATION PROCEDURE
FOR VIOLATIONS
SECTION 1400. Citation Pro-
cedure for Violations of Code.
Except as provided in this Chap-
ter, the provisions of Chapter 5b,
Title 3, Part 2, of the Penal Code
of The State of California, as
amended, are hereby adopted
and made a part of this Chapter
as though fully set forth.
SECTION 1401. Notice to Ap-
pear for Violation of Code.
(a) Whenever any person is
arrested for any violation of this
Code and such person is not im-
mediately taken before a magis-
trate as required or permitted by
said 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 of.
fense charged, and the time and
place where and when such per-
son shall appear in court.
(b) The time specified in the
notice to appear must be at least
five days but not more than fif-
teen days after the arrest.
(c) The place specified in the
notice to appear shall be either:
(1) Before a judge of a jus-
tice court or a municipal court
in Orange County who is near-
est and most accessible with
reference to the place where
the arrest is made; or
(2) Upon demand of the
person arrested, before a judge
of a justice court or a muni-
cipal court at the County Seat
of Orange County; or before a
judge in the judicial district in
which the offense is alleged
to have been committed; or
(3) Before an officer author-
ized by the City or the Court
of the Newport Beach Judicial
District to receive a deposit of
bail.
(d) The officer shall deliver
one copy of the notice to appear
to the arrested person and the
_ arrested person in order to se-
cure release must give his writ-
- ten 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.
(e) The officer shall, as soon
as practicable, file the duplicate
notice with the magistrate speci-
fied therein. Thereupon bail shall
be set and the matter dealt with
according to law.
SECTION 1402. Violation of
Promise to Appear Misdemeanor.
Any person wilfully violating his
written promise to appear in
court is guilty of a misdemeanor
regardless of the disposition of
the charge upon which he was
originally arrested.
SECTION 1403. Failure to Ap.
pear, Warrant for Arrest. When
a person signs a written promise
to appear and has not posted bail
to assure his appearance, 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 before an of-
ficer authorized to accept bail
other than a magistrate and fails
to do so on or before the date
which he promised to appear,
then, within twenty (20) days
after the delivery of such written
promise to appear by the officer
to a magistrate having jurisdic-
tion over the offense.
When such person violates his
Promise to appear before an of-
ficer authorized to receive bail
other than a magistrate, the of-
ficer shall immediately deliver
to the magistrate having juris-
diction over the offense charged
the written promise to appear
and the complaint, if any, filed
by the arresting officer.
SECTION 1404. Arresting Offi-
cers Defined. For the purposes of
this Chapter, the terms `arresting
officer' and `officer' mean any
policeman of the City and any
other employee of the City whose
duty. it is to enforce the provi-
sions of this Code who is author-
ized by the City Manager to use
the citation procedure estab-
lished in this Chapter in the per-
formance of his enforcement
duties."
SECTION 2: This Ordinance
shall be published once in the
Newport Harbor Ensign, a news-
paper of general circulation,
printed and published in the City
of Newport Beach, and the same
shall be effective 30 days after
the date of its adoption.
This Ordinance was introduced
at a regular meeting of the City
Council of the City of Newport
Beach held on the 23rd day of
June, 1958, and was adopted on
this 14th day of July, 1958, by
the following vote, to wit:
AYES, COUNCILMEN: HART,
LORENZ, SOMERS, ATKINSON,
HIGBIE, STODDARD.
NOES, COUNCILMEN: NONE.
ABSENT, COUNCILMEN:
KINGSLEY.
ATTEST:
Margery Schrouder
City Clerk
James B. Stoddard
Mayor
Publish: July 17, 1958 in the
Newport Harbor Ensign.
11,0
STATE OF CALIFORNIA IS
COUNTY OF ORANGE S.
CITY OF NEWPORT BEACH
Margery SChrouder _ , City Clerk of the City of Newport
Beach, California, do hereby certify that the foregoing........�dg??al?Ce
No ........ .......:.....................was duly and regularly adopted, passed, and approved by the City Council
of the City of Newport Beach, California, at a regular
meeting
of said City Council held
at the
regular meeting place thereof, on the ....... 1411h ..... day,
of- ...........
-,y Al Y .......................... ............19..5
by the following vote:
Hart, Lorenz, Somers, Atkinson, Higbie, Stoddard
AYES: COUNCILMEN ----------- ---- --------------------------- ......----
® NOES: COUNCILMEN ... Hone
U
Kingsley
ABSENT: COUNCILMEN----------------------------------------------------------------------------------•----------------------------------------------
Dated this-...... th ........ day of-------------- tag a t ............... .................................................... 19._58
NB 130 -500 12/56
............A ..... ...... .... .....:�..4 : ✓- uvF- �:cw,�
G1y Clerk end - Offici Clerk of the City Council,
City of Newport Beach, State of California