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BUTTE COUNTY ORDINANCE NO. 662
AN ORDINANCE OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA,
AUTHORIZING THE USE OF CITATIONS FOR VIOLATIONS OF COUNTY
ORDINANCES
The Board of Supervisors of the County of Butte, State of California ,
do ordain as follows:
SECTION l: This Ordinance shall apply to all ordinances of the County
of Butte, including those ordinances hereafter enacted, violations of which
are punishable as misdemeanors.
SECTION 2: If any person is arrested for violation of any ordinance
mentioned in Section 1 hereof, and such person is not immediately taken
before a magistrate, as more fully set forth in the Penal Code of California,
the arresting officer shall prepare in duplicate, a written Nptice to Appear
in Court, containing the name and address of such person, the offense
charged, and the time and place when such person, shall appear in court.
SECTION 3: The time specified in a Notice to Appear must be at least
five (5) days after the arrest.
SECTION 4: The place specified in the Notice to Appear shall be either
(a) before a judge of a justice court or a municipal court judge within the
county in which the offense charged is alleged to have been committed, and
who has jurisdiction of the offense and who is nearest and most accessible with
reference to the place where the arrest is made, or (b) upon demand of the
person arrested, before a judge of a justice court or a municipal court judge,
having jurisdiction of such offense at the county seat of the county in which
such offense is alleged to have been committed, or (c) before a judge having
jurisdiction in the judicial district in which the offense is alleged to have been
committed, or (d) before an officer authorized by the county or any judge in
the county to receive a deposit of bail,
SECTION 5: The officer shall deliver one copy of the Notice to Appear to
the arrested person. An arrested person, in order to secure release, must
give his written promise so to appear in court by signing the duplicate notice;
which shall be retained by the officer. Thereupon the arresting officer shall
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forthwith release the person arrested, from cusfody.
SECTION 6: The officer shall, as soon as practicable, file a duplicate
with the magistrate specified therein.
SECTION 7: 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 8: When a person signs a written promise: to appear at the
time and place specified, in a written promise to appear, and has not posted
bail as provided in the Penal Code, 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 officer authorized to accept bail, other than the judge or magistrate, and
fails to do so, or before the date which he promises to appear, then within
twenty (20) days after the delivery of such written promise to appear, by the
officer to the magistrate having jurisdiction over the offense.
SECTION 9: Nothing herein contained shall be deemed or construed to
require any arresting officer to issue a citation instead of taking a person
arrested before a magistrate as is otherwise provided by law. .
SECTION 10: This Ordinance shall take effect and be in full force and
effect thirty (30) days from and after its passage, and before the expiration
of fifteen (15) days after its passage, it shall be published with the names of
the members voting for and against the same, in BIGGS N~~rJS
a newspaper published in the County of Butte, State of California,
The foregoing Ordinance was duly adopted and passed by the Board of
Supervisors of the County of Butte, State of California, at a regular meeting
9th November
thereof, held on the nth day of 2~, 1959, by the following vote:
AYES: Supervisors Alldredge, Giles, Huggins, Pxyde and Chairman Kepple
NOES: None
ABSENT: None
ATTEST:
County of Butte,
of supervisors of the
of California,
HARRIETT JAMES,
Butte County Clerk and ex-officio
Clerk of the Board of Supervisors.
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