Ordinance No. 822
1 ORDINANCE NO. 822
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON I
AUTHORIZING CERTAIN CITY EMPLOYEES TO USE CITATIONS FOR VIOLATIONS
3 OF CITY ORDINANCES AND STATE STATUTES.
4 THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWS:
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SECTION I: This Ordinance shall apply to all ordinance
6 of the City of Vernon and all statutes of the State of california,
7 including those ordinances and statutes hereafter enacted,
8 violations of which are punishable as misdemeanors.
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SECTION 2:
(a) Certain public officers or City employ
10 ees may arrest a person without a warrant whenever he has reason-
11 able cause to believe that the person to be arrested has com-
12 mitted a misdemeanor in his presence which is a violation of a
13 statute or ordinance which such officer or City employee has the
14 duty to enforce. Said public officers or City employees who are
15 authorized, pursuant to this Ordinance to make such arrests as
16 set forth in this Ordinance, in addition to those employees who
17 have previously been so authorized by other ordinances or state
18 laws, are as follows:
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1. The Health Officer.
2. The Director of Environmental Health.
3. The Chief Deputy Director of Environmental Health.
4. The Deputy Director of Environmental Health.
(b) There shall be no civil liability on the part
of, and no cause of action shall arise against, any public
officer or City employee acting pursuant to subdivision (a) and
within the scope of his authority for false arrest or false
imprisonment arising out of any arrest which is lawful or which
the public officer or City employee, at the time of the arrest,
had reasonable cause to believe was lawful. No such officer or
City employee shall be deemed an aggressor or lose his right to
self-defense by the use of reasonable force to effect the arrest,
prevent escape, or overcome resistance.
SECTION 3:
(a) In any case in which a person is
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.1 arrested for an offense declared to be a misdemeanor and does not
2 demand to be taken before a magistrate, such person may, instead
3 of being taken before a magistrate, be released according to the
4 procedures set forth by this section. If the arresting officer,
5 City employee or his superior determines that the person should
6 be released, such officer, City employee or superior shall
7 prepare in duplicate a written notice to appear in Court, con-
a taining the name and address of such person, the offense charged,
9 and the time and place where and when such person shall appear
10 in Court. If the person is not released prior to being booked
11 and the officer in charge of the booking or his superior deter-
12 mines that the person should be released, such officer or
13 superior shall prepare such written notice to appear in Court.
14 (b) Unless waived by the person, the time
15 specified in the notice to appear must be at least five (5)
16 days after arrest.
17 (c) The place specified in the notice shall be
18 the Court of the magistrate before whom the person would be
19 taken if the requirement of taking an arrested person before
20 the magistrate were complied with, or shall be an officer
21 authorized by such Court to receive a deposit of bail.
22 (d) The officer or City employee shall deliver
23 one copy of the notice to appear to the arrested person, and
24 the arrested person, in order to secure a release, must give
25 his written promise so to appear in Court by signing the
26 duplicate notice which shall be retained by the officer or City
27 employee. Thereupon the arresting officer or City employee shall
28 forthwith release the person arrested from custody.
29 (e) The officer or City employee shall, as soon
30 as practicable, file the duplicate notice with the magistrate
31 specified therein. Thereupon, the magistrate may fix the amount
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.1 of bail which in his judgment, in accordance with the provisions
2 of Section 1275 of the California Penal Code, will be reasonable
3 and sufficient for the appearance of the defendant and shall
4 endorse upon the notice a statement signed by him in the form
5 set forth in Section 8l5a of the California Penal Code. The
6 defendant may, prior to the date upon which he promised to appear
7 in Court, deposit with the magistrate the amount of bail thus
8 set. Thereafter, at the time when the case is called for arraign
9 ment before the magistrate, if the defendant shall not appear,
10 either in person by by counsel, the magistrate may declare the
11 bail forfeited, and may in his discretion order that no further
12 proceedings shall be had in such case.
13 Upon the making of such order that no further
14 proceedings be had, all sums deposited as bail shall forthwith
15 be paid into the County Treasury for distribution pursuant to
16 Section 1463 of the California Penal Code.
17 (f) No warrant shall issue on such charge for
18 the arrest of a person who has given such written promise to
19 appear in Court, unless and until he has violated such promise or
20 has failed to deposit bail, to appear for arraignment, trial or
21 judgment, or to comply with the terms and provisions of the
22 judgment, as required by law.
23 SECTION 4: When a written notice to appear has been
24 prepared, delivered, and filed with the Court as herein provided,
25 said notice shall constitute a complaint to which the defendant
26 may plead "Guilty". If, however, the defendant shall violate
27 his promise to appear, or shall not deposit bail, or shall plead
28 other than "Guilty" to the offense charged, a complaint shall be
29 filed which shall conform to the provisions of the California
30 Penal Code, and which shall be deemed an original complaint,
31 and thereafter proceedings shall be had as provided by lawj
32 provided, that a defendant may, in person, or by counsel in open
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1 court, waive the filing of a verified complaint and elect that
2 the prosecution proceed upon a written notice to appear.
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SECTION 5: Any person who willfully violates his
4 written promise to appear in Court is guilty of a misdemeanor,
5 regardless of the disposition of the charge upon which he was
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ADOPTED and APPROVED this
17 th day of November
8 1970.
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ATTEST:
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F. A. Ziemer, City Clerk
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STATE OF CALIFORNIA )
) SSe
COUNTY OF LOS ANGELES )
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4 I, F. A. ZIEMER, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Ordinance, being Ordinance No.
6 822, was duly and regularly introduced at a regular meeting
7 of the City Council of the City of Vernon, held on November 41
8
1970
, and thereafter finally adopted at a regular meeting
9 of said City Council held on November 17, 1970
10 following vote:
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, by the
AYES: Councilmen:
Anderson, Furlong, Mai11iard, Malburg,
Ybarra
NONE
NONE
NOES: Councilmen:
ABSENT: Councilmen:
City Clerk
5.
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AFFIDAVIT OF' POSTING
3 STATE OF CALIFORNIA )
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4 COUNTY OF LOS ANGELES ) ss.
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5 CITY OF VERNON )
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7 I, F. A. ZIEMER, City Clerk of the City of Vernon, do
8 hereby certify that I did, on the I r~. day of ~/Lt~
Ordinance No. 822
9 19~, post three (3) copies of
10 I
, one in each of the following
11 places, to wit: At the northwest corner of 38th Street and Santa
12 Fe Avenue, at the northeast corner of Leonis Boulevard and Pacific
13 Boulevard, and on the bulletin board in the lobby of the City Hall
14 of the City of Vernon, located at 4305 Santa Fe Avenue, all in
15 said City, there being no newspaper of general circulation printed
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and published in the City of Vernon.
Signed this It ~ day of ~~!V ,
1970
~CitY
Clerk
Subscribed and sworn to before me
this /.~ da~_ of .:j;.y: . 1970
') . ;'~~d pf~l:a?l<-
Notary Public in and for the County of
Los Angeles, State of California.
I ,)S I\I\",L I.ES CUUI'J ry
Mv C):mnission Exoires MaL 24,1973
430~ Santa Fe Ave.. Vernon, Calif. 90058
SUPPORTING
DOCUMENTS
"",.-... "'~",-"""~r,,,,','''~' f: < of California I
City Vernon,
I NOTICE- TO APPEAR NO". 0001 l
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lDate tme IDay of Week ~
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f, Midd -e; Last)
i Name (First,
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I Residence Address City
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Business Address City . '
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Drivers License No. State Birthdate
Sex iHair IEyes Height Weight
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j Employed by
Occupation. <,
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· Vehicle License No.
IState
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IMake ,Model rOdy
Code '-Section - Description
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Style Color
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: Year of Veh.
i Offense(s)
Evidence Seized
Location offense(s) committed
I Issued by:
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I Department:
I " h '"" "1 I" h
I Wl. tout aC,ffil.t tl.ng gUl. t, proml.se to appear at t e
I time and place shown below.
Ix Signature:
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'Within 21 days: Violations Bureau, San Antonio Munic- II
ipal Court Judicial District, Room 101, 6548 Miles Ave.
Huntington Park. I
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Bail Office open daily, except Saturday, Sunday, and II
Holidays - 8:30 a.m. to 4:30 p.m.
Court appearance Monday through Friday at 9:00 a.m.
i WARNING: Willful failure to appear as promised is a
I separate violation for which you may be arrested and
punished by 6 MONTHS IN JAIL AND/OR $500.00 FINE, re-
Igardless of the disposition of the original charge.
I (P.C. 853.7)
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