SEC. 1-022. WHEN PERSON ARRESTED TO BE GIVEN NOTICE TO APPEAR:
Whenever a person is arrested for a violation of any ordinance of the City of
Stockton 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. 1-022.1. TIME FOR APPEARANCE:
The time specified in the notice to appear must be at least five (5) days after
such arrest.
SEC. 1-022.2. PLACE OF APPEARANCE:
The place specified in said notice to appear shall be before a Judge of the
Municipal Court of the Stockton Judicial District, or before an officer authorized
by the County of San Joaquin to receive a deposit of bail.
SEC. 1-022.3. DELIVERY OF COPY TO ARRESTED PERSON — RELEASE UPON SIGNING
DUPLICATE NOTICE:
Said officer shall deliver one copy of the notice to appear to the arrested
person and the 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 forthwith release
the person arrested from custody.
SEC. 1-022.4. FILING OF DUPLICATE NOTICE — FIXING BAIL — DEPOSIT
OF BAIL— FORFEITURE — ORDER OF NO FURTHER PROCEEDINGS:
Said officer shall, as soon as practicable, file the duplicate notice with
the magistrate specified therein. Thereupon the magistrate shall fix the amount
of bail which in his judgment in accordance with 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 the notice a statement
signed by him in the form set forth in Section 815(a) of the Penal Code of
the State of California. The defendant may prior to the date upon which he
promised to appear in Court deposit with the magistrate the amount of bail
thus set. Thereafter, at the time when the case is called for arraignment before
the 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 proceedings shall be had in such case.
Upon the making of such order that no further proceedings be had, all sums
deposited as bail shall forthwith be paid to the county Treasury for distribution
pursuant to Section 1463 of the Penal Code of the State of California.
SEC. 1-023. ISSUANCE OF WARRANT FOR ARREST:
No warrant shall be issued on such charge for the arrest of a person who 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. 1-024. VIOLATION OF PROMISE TO APPEAR:
Any person willfully 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.
SEC. 1-025. ISSUANCE OF ARREST WARRANT ON FAILURE TO APPEAR:
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 herein
the 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 a magistrate and fails to do so on or before the date which
he promised to appear then within twenty (20) days after the delivery of
such written promise to appear by the officer to a magistrate having jurisdiction
over the offense. When such person violates his promise to appear before
an officer authorized to receive bail other than a magistrate the officer
shall immediately deliver to the magistrate having jurisdiction over the
offense charged the written promise to appear and the complaint if any filed
by the arresting officer.
(Added by Ordinance 74-C.S. — Approved May 1, 1958)
SEC. 1-026. HEARINGS — JUDICIAL REVIEW:
Section 1094.6 of the Code of Civil Procedure of the State of California, relating
to judicial review of any decision of a local agency, such as the City of
Stockton, is hereby adopted by the City Council and made applicable to the
City of Stockton as follows:
A. Judicial review of any decision of the City of Stockton, or of any commission,
board, officer or agency thereof, may be had pursuant to Section 1094.5 of
the California Code of Civil Procedure only if the petition for writ of mandate
pursuant to such Section is filed within the time limits specified in Section
1094.6 of the California Code of Civil Procedure.
B. Any such petition shall be filed not later than the ninetieth (90th) day
following the date on which the decision becomes final.
C. The complete record of the proceedings shall be prepared by the City of
Stockton or its commission, board, officer or agent which made the decision
and shall be delivered to the petitioner within ninety (90) days after the
petitioner has filed a written request therefor. The actual cost for transcribing
or otherwise preparing the record may be charged to the petitioner.
D. As used in this Section, a decision means a decision subject to review pursuant
to Section 1094.5, suspending, demoting, or dismissing an officer or employee,
revoking, or denying an application for a permit, license, or other entitlement,
or denying any application for any retirement benefit or allowance.
E. In making the final decision, the City of Stockton or the commission, board,
officer or agent thereof making the final decision as defined herein shall
provide notice to the party that the time within which judicial review must
be sought is governed by the provisions of Section 1094.6 of the California
Code of Civil Procedure.
F. As used herein "party" means an officer or employee who has been
suspended, demoted or dismissed; a person whose permit, license, or other entitlement
has been denied, or a person whose application for a retirement benefit or
allowance has been denied.
(Added by Ordinance 030-86-C.S. — Effective June 12, 1986)
Stockton,
CA 
