Ord 1997-28ORDINANCE NO. 28
AN ORDINANCE OF THE COSTA MESA SANITARY
DISTRICT AUTHORIZING CERTAIN PERSONS TO MAKE
CITATION ARRESTS
WHEREAS, Health and Safety Code Section 6521 provides that sanitary districts may
make and enforce all laws for sanitary purposes not in conflict with the laws of the state; and
WHEREAS, Health and Safety Code Section 6522 provides that a sanitary district has
all incidental powers necessary to complete the exercise of its specific powers; and
WHEREAS, Health and Safety Code Section 6523 provides that a violation of a District
regulation is a misdemeanor and is punishable by a fine of up to six months in jail and /or up to
one - thousand dollars in fines; and
WHEREAS, District regulations have the same force and effect, and are the same as
ordinances; and
WHEREAS, Penal Code Section 836.5 et sec provides that persons committing
misdemeanors can be held without a custodial arrest if the citation process is used and further
provides that public officers or employees may be authorized to issue such citations by ordinance
whenever he or she has reason to believe that a misdemeanor has been committed in his /her
presence; and
WHEREAS, the Board does hereby determine to authorize certain persons to issue
citations provided that they have taken the course specified by Penal Code Section 853.5 et seq.
NOW, THEREFORE, the Board of Directors does hereby ordain as follows:
Citations
Section 1. Authority of public officers and employees to make arrests. The following
designated persons shall have the power to arrest persons for misdemeanor violations of the
District's General Regulations whenever the officer or employee has reasonable cause to believe
that the person has committed the offense in his or her presence: District Ordinance Enforcement
Officer.
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Section 2. Citation procedure. (a) If any person is arrested for misdemeanor violation
of this title, and such person is not taken before a magistrate as is more fully set forth in the
California Penal Code Section 853.6 or successor statute, the arresting officer shall prepare in
triplicate 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.
(b) The time specified in the notice to appear shall be not less than ten days after such
arrest.
(c) The place specified in the notice to appear shall be either:
(1) Before a judge of the municipal court in the judicial district in which the offense
is alleged to have been committed; or
(2) Before an officer authorized to receive a deposit of bail.
(d) The 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 /her written promise so to
appear in court by signing the triplicate notice, which shall be retained by the officer. The
officer may require the arrested person, if the arrested person has no satisfactory identification,
to provide a fingerprint in accordance with the procedures set forth in the Penal Code. Such
print shall not be used to create a data base.
(e) The officer shall, as soon as practicable, file a duplicate notice with the magistrate
specified in such notice. The defendant may, prior to the date upon which the defendant
promised to appear in court, deposit with the magistrate the amount of bail set by such
magistrate. Thereafter, at the time when the case is called for arraignment before the
magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may
declare the bail forfeited and may at his /her discretion order that no further proceedings shall
be had in such case. Upon the making of such order that no further proceedings be had, sums
deposited as bail shall forthwith be paid in the county treasury for distribution as provided by
Section 1463 of the California Penal Code.
(f) A warrant shall not be issued on such charge for the arrest of a person who
pursuant to the provisions of this chapter has given such written promise to appear in court
unless and until the person 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.
(g) As provided in Penal Code Section 853.7, every person wilfully violating his /her
written promise to appear in court is guilty of a misdemeanor regardless of the disposition of
the charge upon which the person was originally arrested.
(h) In accordance with Penal Code Section 853.8, 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 subsection (c) of this section, the magistrate shall issue and have
delivered for execution a warrant for the person's arrest within twenty days after the person's
failure to appear as promised.
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Section 3. Effective Date. Pursuant to Health and Safety Code Sections 6490 and
6491.3, the Secretary shall cause this ordinance to be published in a newspaper of general
circulation printed and published in the District according to law and it shall take effect upon
the expiration of one week after publication.
PASSED and ADOPTED this day of 1997.
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that the above
and foregoing Ordinance No. was duly and regularly passed and adopted by said
Board of Directors at a regular meeting thereof, held on the day of
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa
Mesa Sanitary District, this day of 19 �.
Qn� &4'
Clerk he Costa Mesa Sanitary District