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ORDINANCE 313D), �1 . necessary to cover the cost of such escort service in those cases where such escort service is specified by him; 6. That any dispute or disagreement between the Traffic Authority and any applicant for a permit, or any permittee, with reference to any matter which is the subject of this resolution, shall be resolved and finally determined by the City Council upon appeal by either said Traffic Authority or such applicant, or permittee, to said Council, and the determination of the City Council in the premises shall be final and conclusive. ARTICLE XX TRAFFIC CITATIONS SECTION 1. WHEN PERSON ARRESTED MUST BE TAKEN IMMEDIATELY BEFORE JUDGE OR MAGISTRATE. Whenever any person is arrested for any violation of this Ordinance the arrested person shall be immediately taken before the City Judge of the City of E1 Segundo, or a magistrate acting for and on behalf of said City Judge, unless said person has given his written promise to appear in said Court subject to and as provided herein in Section 3 of this Article XX. SECTION 2. COURT PROCEDURE WHEN PERSON ARRESTED IS IMMEDIATELY TAKEN BEFORE A JUDGE OR MAGISTRATE. (a) Whenever any person is arrested for a violation of any provision of this Ordinance and is immediately taken before the City Judge or a magistrate acting for and on behalf of the City Judge, the arresting officer shall file with said judge or magistrate a complaint stating the offense with which such person is charged. (b) The person so taken before said judge or magis- trate shall be entitled to at least five days continuance 46- of his case in which to plead and prepare for trial and said person shall not be required to plead or be tried within said five days unless he waives such time in writing or in open Court. (c) The person so taken before such City Judge or Magistrate shall thereupon be released from custody upon his own recognizance or upon such bail as the City Judge or Magistrate may fix. SECTION 3. WHEN PERSON ARRESTED TO BE GIVEN NOTICE TO APPEAR IN COURT. (a) Whenever any person is arrested for any violation of any provision or provisions of this Ordinance and such person is not immediately taken before the City Judge or a Magistrate acting for and on behalf of said City Judge, as hereinbefore required or permitted, the arresting officer shall prepare in duplicate a written notice to appear in court,con- taining the name and address of such person, the license number of his vehicle, if any, the offense charged and the time and place when and where suoh person shall appear in Court. (b) The time specified in said notice to appear must be at least five days after such arrest. (c) The place specified in said notice to appear shall be either: 1. Before said City Judge or magistrate acting for and on the behalf of said City Judge, within said City of E1 Segundo; or 2. Before an officer authorized by the City Judge or magistrate acting for and on behalf of the City Judge, to receive a deposit of bail. 47- I 296 (d) Said officer shall deliver one copy of said notice to appear to the arrested person and said 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 said officer. Thereupon the arresting officer shall forth- with release the person arrested from custody. (e) Said officer shall, as soon as practicable, file said duplicate notice with the City Judge or magistrate acting for and on behalf of said City Judge. Thereupon the said City Judge or magistrate shall fix the amount of bail which in his judgment, in accordance with the provisions of Section 1275 of the Penal Code of the State of California, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon said notice a statement signed by him in the form set forth in Section 815A of said Penal Code. The defendant may, prior to the date upon which he promised to appear in Court, deposit with the City Judge or magistrate or officer authorized by such Judge or magistrate to receive a deposit of bail, the amount of bail thus set. Thereafter at the time when the case is called for arraignment before the City Judge or magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may in his discretion order that no further proceed- ings shall be had in such case. Upon the making of such order that no further proceed,- ings be had, all sums deposited as bail shall forthwith be paid into the City Treasury of said City. (f) No warrant shall issue on such charge for the arrest of a person who has given such written promise to 48- appear in Court unless and until he has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law, or unless in the discretion of the City Judge or magistrate such person should be required to appear before such Judge or magistrate. SECTION 4. WAIVER OF FILING OF WRITTEN COMPLAINT. Whenever a written notice to appear in Court has been de- livered to and signed by a defendant as hereinabove provided in Section 3 of this Article XX of this Ordinance, or when- ever notice of illegal parking has been given under any other provision of this ordinance, or substantially as con- templated under the provisions of Section 591 of the California Vehicle Code, an exact copy of said notice shall, as soon as practicable, be filed with the City Judge or magistrate specified therein, and shall, notwithstanding the provisions of Section 1426 of said Penal Code, constitute a complaint to which the defendant may plead "guilty ". If, however, the defendant shall violate his promise to appear in Court or shall fail to deposit bail, as required by law, or if the defendant shall not plead "guilty" of the offense charged, an amended complaint shall be filed which shall conform to the provisions of said Section 1426 of said Penal Code and thereafter such proceedings shall be had as may be provided by law; provided, that a defendant may, by an agreement in writing subscribed by him and filed with the Court, waive the filing of a verified complaint and elect that the prosecution may proceed upon the written notice mentioned in Section 3 of this Article XX of this Ordinance. SECTION 5. APPEARANCE BY COUNSEL SUFFICIENT. A written promise to appear in Court may be complied with by an appearance of counsel. 49- SECTION 6. VIOLATION OF PROMISE TO APPEAR. (a) Any person willfully violating his written promise to appear in Court shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. ARTICLE XXI. PENALTIES AND EFFECT OF ORDINANCE. REPEALS. SECTION 1. PENALTIES. That any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Three Hundred Dollars ($300.00) or by imprisonment in the City Jail of the City of El Segundo, California, or in the County Jail of the County of Los Angeles, California, as the committing magistrate may direct, for a period of not more than three (3) months, or by both such fine and imprisonment in the discretion of the Court. SECTION 2. SAVING CLAUSE. If any section, sub- section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more. sections, subsections, sentences, clauses or phrases be declared unconstitutional. SECTION 3. REPEALS. The following Ordinances, to -grit: NuiAbers 204, 225, 228, 235, 239, 264, 265, 274, 275, 285, 290, 294, 297, 304, 305, and 310; and all other ordinances and parts of ordinances insofar as the same conflict with, or are inoon- sistent with the provisions ofAthis Ordinance, are hereby repealed. 50- It is provided, however, that the repeals above referred to shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance or portion of any ordinance hereby repealed prior to the taking effect of this Ordinance. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted; and shall, within fifteen days after the passage and adoption thereof, cause the same to be published once in the E1 Segundo Herald, a weekly newspaper of general circulation, published and circulated in said City, and which is hereby designated for that purpose. SECTION 5. That this Ordinance shall take effect and be in full force and virtue thirty (30) days from and after the date of the final passage and adoption thereof. Passed, approved and adopted this 2nd day of _July I A. D., 194 7. (SEAL) 51.. ru.► yo r - of the City of E1 ndo, California. STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, ) SS CITY OF EL S EGUNDO. ) ) I. Victor D. McCarthy, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said city is five; that the foregoing ordinance,being Ordinance No. 313, was duly passed and adopted by the said City Council, approved and signed by the Mayor of said city, and attested by the City Clerk of said city, all at a regular meeting of the said Council held on the 2nd, day of _ July , A. D., 1947, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Peterson, Skelley and Mayor Selby, NOES: Councilmen None. ABSENT: Councilmen Thompson. __�ty Clerk of the City of E1 Segundo, California, ( SEAL) 52— I J F-�_IA CLERK'S CERTIFICATE STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. I, Victor D. McCarthy, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordi- nance No. 313, is a full, true and correct Original of Ordinance No. 313 of the said City of E1 Segundo California, entitled: ' "AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, MAKING CERTAIN PROVISIONS RELATING TO PUBLIC STREETS AND PUBLIC PLACES WITHIN SAID CITY; REGULATING TRAFFIC IN AND UPON SUCH PUBLIC STREETS AND PLACES; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREtit1ITH. " which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 2nd day of _ July , 1947 and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Peterson, Skelley and Mayor Selby. NOES: Councilmen None ABSENT: Thompson. I do hereby further certify that pursuant to the provisions of Section 878 of Act 5233 of the General Laws of the State of California, (Deering 1923 Edition) as amended to date, that the foregoing ordinance No. 313 was duly and regularly published according to law and the order of the City Council of said City in the E1 Segundo Herald, a weekly newspaper of general circulation printed, published and circulated within the said City, and that the same was so published therein on the following date, to-wit: July 3, 1947 WITNESS my hand and the seal of said City this 7th day of Jules , A. D., 1947. (SEAL) City Clerk of th i ty o f E1 Segundo, Cal ornia. 53- J Affidavit of Publication STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, as. CITY OF EL SEGUNDO, ............ being first duly sworn, deposes and says: That he Is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California; that he was, at, and during all of the time of the publication of the instrument hereunto attached the....._.. printer and publisher of EL SEGUNDO HERALD, a newspaper of general circulation, printed, pub- lished and circulated WEEKLY in the City of El Segundo, in said County and State; that said news- paper has been so printed, published and circulated at regular intervals of one week for more than one year immediately preceding the publication of the instrument hereunto annexed; that said newspaper Is, and was, at all of the times herein mentioned, a newspaper of general circulation within the meaning of Section 4460 of the Political Code of the State of California; that as provided by said section, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a gen- eral character, having a bona fide subscription list of paying subscribers; that said newspaper is not and was not at any of the times herein referred to, devoted to the interests, or published for the enter- tainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, professions, trades, callings, races or denominations, and that said news- paper is not devoted to or published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes, professions, trades, callings, races or denominations, or any of such classes, professions, trades, call- • ings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page ... _... numbered iA. { hereof in all respects, including subject matter, and size and arrangement of type, is a full, true and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as published; that the same was set and printed in type not smaller than nonpareil and that the body of the same was preceded with words printed in black- face type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, as will ap- pear from an inspection of the said annexed instru- ment; that the Ord I nat10E.._�0�....��.�.._____.... _�. .__.. .___ ------ ---- --.-- -...__--- -•----- -..... _..__. of which the annexed is a printed copy as herein above stated, was published and printed in said newspaper at least.plLC9 .._ f "L T/� ON TIC M -woman ........ 3rd -- -day of ........... _ .... .I�_...... A. D. 194 __, aMM%BdMMM* to-wit: ... __.._......... _ ..___.••----- ____.___._. -_ _- _ ._ __ _ _...... - -. -Thor Subscribed a sworn to before me this.__._._ day of _._ _ _._.__ . A. D. 194 ill of the pity of El Seg of Los eles, State of Deputy City Clerk of Said City. l., A t Affidavit of Publication STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, 88. CITY OF EL SEGUNDO, -•------ .... - .... ---- ............. &.. rill... L •----- ►}now,.- ..._......... being first duly sworn, deposes and says: That he is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California; that he was, at, and during all of the time of the publication of the instrument hereunto attached the ......... -... ----- ----- --------------- - --- -- -------------------- - ------------------- Ed ix or....- .. _._.._ __ _ --__.. ... - ........ ............... .................. _ ....... -- printer and publisher of EL SEGUNDO HERALD, a newspaper of general circulation, printed, pub- lished and circulated WEEKLY in the City of El Segundo,, in said County and State; that said news - paper has been so printed, published and circulated at regular intervals of one week for more than one year immediately preceding the publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times herein mentioned, a newspaper of general circulation within the meaning of Section 4460 of the Political Code of the State of California; that as provided by said section, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a gen- eral character, having a bona fide subscription list of paying subscribers; that said newspaper is not and was not at any of the times herein referred to, devoted to the interests, or published for the enter- tainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, professions, trades, callings, races or denominations, and that said news- paper is not devoted to or published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes, professions, trades, callings, races or denominations, or any of such classes, professions, trades, call- ings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page........ numbered ---------- - - - - -- ---------- ------------------------------------------ .............. .A ............. . .............. - .... ------•- ..... -............................... ........ ... . ... ... ........ hereof in all respects, including subject matter, and size and arrangement of type, is a full, true and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as published; that the same was set and printed in type not smaller than nonpareil and that the body of the same was preceded with words printed in black- face type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, as will ap- pear from an inspection of the said annexed instru- ment; that theQrdLna.YIC.Q....XQ.s.. 318---- -(AMSMUng.- .OrdInallea---a3i6- --- - - - - -- .................... of which the annexed is a printed copy as herein above stated, was published and printed in said newspaper at least-- .0MAS.....wash.... i/--- -------- -•-- -•- - on the _,].t 2 -- -..day of - .&8plignIbOr ...... , A. D. 194..7..., less: to-wit ---------------- - - - - -- --------------------------------- - - - - -- --Thy -ildiV, A3*.pLsmm�- 117 --- 1947!_ .......... -............ I ••-- •------- ..... - - -• . ............................... _ - - - - -- . = a---- -..... - ..........._ Subscribed swo to efo me this .. .... day of _ A D. 1947... By Deputy City Clerk of Said City.