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HomeMy WebLinkAboutTC Ord 1967-10-23 (2) ORDINANCE NO. 10 N. S. REPEALED BY ORDINANCE NO. 23 N.S. { ,. :CBlttIPlrA TION OF CIn-CLDlC '. ...._.. I, Lawrence D. _Rose,Cl~l ~.ar~_ of the City of: Tiburon'J'. CoUtlty of Marin, State of Ordinance NO.10.N.~., Intitl~ r-tllfomia. do hereby certify that the attac~ed 1s a tne and exact copy of , . .. -.. . . -- ..," ..... ~~ '0' _ . ". ., . '.. ,AN ORfll~~C;E4S0F: THE CITY OF 'TIBURON PROVIDING FOR CITATION PRO.C,;&DURE FOR VIOLATION O~ CJTY OtIDINANCES. Fopner1y "Nb'. $1. :: .: ,. '.\. ,J ...'. .',. 1;,1"" .' oO"",Lp,;::..i:.I"", wh1.c~ was duly adopted by the Council of the City 'of . T:fPUi'on on '.'Oetober .23, 1967 and thereafter published in a newspaper of ganeral ~irculatlon On January 17, ~968 in accordance wi th Government Code of the St& te of Califomia. .. " ~ ~"''"~ /. $-t .c; .. IAWRBNCE D. 1.0SI, City lerk f :.' ~ By / /' ./ 10 N.S. ORD INANCE NO. "8'i- AN ORDIUANCE OF THE CITY OF TIBURON PROVIDING FOR CITATION PROCEDURE FOR VIOLATION OF CITY ORDINANCES The City Council of the City of Tiburon does ordain as follows: SectiDn 1. Citetion Procedu~e. Except as provided in this ordi- nance, the provisious of Chcptc~ 5b, Title 3, Part 2, of the Penal Code of the State of CQlifo~nia ~re hc~eby adopted nnd made a part of this ordin-:?nce as if fully set f01:'th. ~jn 2.. llat:tcc to f.;.ppe3,r for Violations of Ordinances. (a) Whetlcver ~uy pzrson is n=rested for a violation of any o.:di.- -;41ce of the City of Tiburon cnd is not immediately taken before a magistrate as required O~ permitted by said Penal Code, the arresting officer shall p~epare in duplicate a written notice to appear in court containing the name and address of such person, the offense charged, and the time aud place ~;here and when such person shall appear in court. (b) The t~e specified in the notice to appear must be at le3Gt five (5) dcys nfter the arrest. (c) The pIece specified in the notice to appear shall be: (1) before a judge of the Municipal Court of the Central Judicial Dis- '(;::ict.~~ County of M::"xin; or (2) before an officer authorized by said CO:lrt to receive a deposit of bail. (d) The officer shall deliver one copy of the notice to cppc~r to the arrested person and the arrested person, in order to se- CU7~e release, must give his ~IJritten procise to so appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person ar- ~csted from custody. (e) The officer shall, as soon as practicable, file the ciuplicate notice v7i":1 the m.~,gist1:ate specified therein. Thereupon bail shell be set and the m~'1tte:: dealt '\:vith e.ccording to law. Section 3. V).olation of Promise to Appear - Misdemeanor. Any pe~son WIlftll1y violQting his ~r~itten promise to appear in court is guilty of a Ii1isde~!.1e~mor, regardless of the disposition of the charge upon vhlich he W~s originally arrested. Section 4. Failure to ApEear; Warrant for Arrest. When a person signs a written promise to appear before a magistrate and has not posted bail to assure his appearance, the magi- strate shall issue and have delivered for execution a warrant for his c~rest within vGenty (20) days after his failure to appear as promised. When a person signs a written promise to appear before an officer authorized to accept bail other than a magistrate, and fails to ,- r) so on or before the date which he promised to appear, then the magi- 3~~nte shall issue and have delivered for execution a warrant for his C.~~Z'3Gt v7ithin twenty '(20) days after the delivery of such written promise ::0 ~,ppear by the said officer to a magistrate having jurisdiction over the offense. When such person violates his promise to appear before an officer autho~ized to ~eceive bail other than a magistrate, the officer. oh~ll i~~ediately deliver to the megistrate having jurisdiction over the offense charged, the written p~nDise to appear and the complaint, if any, filed by the arresting officer. 9126/67 1. Section 5. ~arability. If any section, provision, sentence, clause or phrase ofthis ordinance is, for any reason, declared to be invalid, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this ordinance, it being the intent of the City Council of the City of Tiburon that this ordinance shall stand notwithstanding the invalidity of such section, sentence, clause or phrase. Section 6. Effective Date. This ordinance is to take effect and be in force at the expiration.of thirty (30) days after its passage, and before the expiration of fifteen (15) days after its passage, the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation ~ublished in the City of Tiburon. PASSED AND . ADOPTED at a regular meeting of the City Council of the City of Tiburon held on October 23 . 1967, by the following vote: AYES: NOES: ABSENT: Councilmen: Bremer, Strawbridge, Hoffmire Councilmen: None Councilmen: Drohan, Fanning /s/ John S. Hoffinire, Jr. JOHN S. HOFFMIRE, JR. Mayor of the City of Tiburon ATTEST: Lawrence D. Rose LAWRENCE D. ROSE, City Clerk 9/26/67 2.