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ORDINANCE 5403716 ORDINANCE NO. 540 AN ORDINANCE OF 7H E CITY OF EL SEGUNDO, CALIFORNIA, APENDING "THE CODE OF THE CITY OF EL SEGUNDO, CALIFORNIA, 19581, BY ADDING SECTIONS TO "CHAPTER 1911 s PROVIDING PROCEDURE RELATING TO ARREST FOR VIOLATIONS OF THE CODE AND CITY ORDINANCES. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That eight new sections, to be known and designated as Sections 19.15 to 19.22, inclusive, shall be, and the same are hereby, added to "Chapter 19t1 of "The Code of the City'of E1 Segundo, California, 195811 and which said new sections shall read as follows, to wit: "SEC. 19.15. ARREST. If any person is arrested for the violation of any ordinance or the Code of the City and such person is not immediately taken before a magistrate, as is more fully set forth in the Penal Code of the State of California, the arresting officer shall prepare, in duplicate, a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court. "SEC. 19.16. TIME SPECIFIED IN NOTICE TO APPEAR. The time specified in the notice to appear shall be not less than five days after such arrest. 4 "SEC. 19.17. APPEARANCE BEFORE MUNICIPAL COURT JUDGE. The place specified in the notice to appear shall be before a municipal court judge who has jurisdiction of the offense and who is nearest and most accessible. - 1 - -__1 "SEC. 19.18. COPY OF NOTICE TO APPEAR GIVEN ARRESTED PERSON. The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person, in or- der to secure a 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 forthwith release the person arrested from custody. "SEC. 19.19. .COPY OF NOTICE TO APPEAR FILED WITH COURT. The officer shall, as soon as practicable, file a duplicate notice with the court specified in such notice. The defendant may, prior to the date upon which he promised to appear in court, deposit with the court the amount of bail set by a judge thereof. Thereafter, at the time when the case is called for arraignment before the court, if the defendant does not appear, either in person or by counsel, the court may declare the bail forfeited and may in its discretion order that no further proceedings shall be had in such case. "SEC. 19.20. NO ISSUE OF WARRANT. A warrant shall not issue on such charge for the arrest of a person who pur- suant to the provisions of this chapter has given such written promise to 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. "SEC. 19.21. MISDEMEANOR TO NOT APPEAR. Every per- son wilfully violatipg 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. "SEC. 19.22. WARRANT TO ISSUE ON NON- APPEARANCE. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 19.19, the court shall issue and have delivered for execution a warrant for his arrest with- in twenty days after his failure to appear as promised." - 2 - J STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF EL SEGUNDO I, ___ Euni-ce --U. ---Creason- - _ __ - -_ ___ -- 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 ____ or_ diaann�____________ ___________________ ___________ being______ Ordinance__No _.__.540 ---------------------- - was 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 --------- 13_th__day of -------------- APB' l____________- ______________- 195.9 ___, and that the same was so passed and adopted by the following vote: AYES: Councilmen ..... Baker� Frederick_? Meschuk and - --------------------- - - - - -- Mayor Benfield; -------------------------------------------------------------------------------------------------- - - - - -- NOES: Councilmen --- Nome-;------------------------------------------------------------------------ ABSENT:Councilman Gordon. - -------- - - - - -- - - -------------------------------------------------------------- - - - - -- WITNESS my hand and the official seal of said City this ----- 11th -------------- day of ......... April -------------------------------- 19- _59__. __------L..______.___...__._.._._._. City Clerk of the City of El Segundo, California (SEAL) 379 3V STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I. Eunice i.. Creason ,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 ----- 5A0_...... is a full, true and correct original of Ordinance No...._5_.`:!-Q .......... of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO CALIFORNIA, AMENDING t1THE CODE OF THE CITY OF EL SEGUNDO, CALIFORNIA, 195811 BY ADDING SECTIONS TO "CHAPTER 1911, PROVIDING PROCEDURE RELATING TO ARREST FOR VIOLATIONS OF THE CODE AND CITY ORDINANCES., 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.... 13th ----- day of ...... Pr 1 ............. . .. 9.59_, and that the same was so passed and adopted by the following vote: AYES: Councilmen - faker-,- _.Fre_deri ck,_1te:schuk.- ,and-------------------------- - May_Qr__ �enfa..eld. - - - - -- NOES: Councilmen . None;--------------------------------------------------------------------------------- ABSENT: Councilman - Gdonor. - - -- -------------------------------------------------------------------- - - - - -- I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No._.540____ was duly and regularly published according to law and the order of the City Council of said City in the El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within the said City and that the same was so pub- lished therein on the following date, to wit: ___ Apr l___1(_,___] 959 ______ _______________________ City Clerk of the City of El Segundo, California. By - - - -- -------------------------------------------------------- (SEAL) Deputy. Affidavit of Publication STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) as CITY OF EL SEGUNDO ) ... X a.X:i.` n... Re' I. G. O. Mb ............ ............................... .........-----... being first duly sworn, deposes and says: That She 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 %e was, at, and during all of the time of the publication of the instrument hereunto attached the ............ .... px.ir)c.in l..... alerk ...... . . .. .. ..... ... ... ...... .. ...... .......... .......... ............... ................ KMX� of EL SEGUNDO HERALD, a newspaper of general circulation, published and circulated weekly in the City of El Segundo, in said County and State; that said newspaper has been so 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 general 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 entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, professions, trades, callings, race; or denominations, and that said newspaper 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 denomin- ations, or any of such elzsses, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page ............ numbered .............. . ................. ................................. - --- ---•-.................... ...........................------........---.....-•--°-•--..............---------.... ............................... 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 appear from an inspection of the said annexed instru- ment; that the ......... r lnan.ce...ITO a .15n:O ....................................................... ................................................... of which the annexed is a printed copy as hereinabove stated, was published and printed in said news- paper at least ................ I.... week by ... ............•.................. consecutive publication ......... commencing on the ...........1.F t.bday of ... ....................... H. Y'.� ........... A. D..1..95.9..., and ending on the ................16th.. day of ...... ... ........................`jpr .1........ A. D. M9 2..... and as often during said time as said newspaper was regu- larlyissued, to -wit: .... ...................................................... __.. ..................................................... ...................... ............... .... ....... . . . . .. ..... ....... -..... ... _la.t..1..K 9----------------- ....... . ....... -......... .......................... .. .... ..... . ..... ................................................................................................................... ._.........._.------ ........... ............... .. .�lr. Subscribed and sworn to before me this .....,2./... �q — day of ........... ......................I A. D. 19..5:.-%.' City clerk of the City of El Segundo, County of Los Angeles, State of California. By.................. ° -- ---......................•••---........... .......- °----.................. Deputy City Clerk of said City. •