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ORDINANCE NO. 957 (1983 Series)
AN-ORDINANCE OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO AMENDING SECTIONS 1250 AND
1251 OF THE SAN LUIS OBISPO MUNICIPAL CODE
(NOTICE TO.APPEAR)
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Section 1250 of the San Luis Obispo Municipal Code hereby is
amended to read as follows:
"SECTION 1250. NOTICE TO APPEAR
i If any person is arrested for the violation of any ordinance of the City
of San Luis Obispo as set forth in the San Luis Obispo Municipal Code, 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
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of such person, the offense charged, and .,the time and place when such person shall
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appear in court.
(a) Time.
The time specified in the notice to appear shall be not less than ten
(10) days after such arrest,'or thirty (30) days if filed with the City Attorney.
(b) Place.
The place specified in the notice to appear shall be either the court
of the Magistrate before whom the person would be taken if the requirement of taking
an arrested person before a Magistrate were complied with, or an officer authorized
by such court to receive a deposit of bail.:
(c) Written Promise.
The officer shall deliver one copy of the notice to appear to the
arrested person and the arrested person, in order 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."
0 957
Ordinance No. 957 (1983 Series)
SECTION 2. Section 1251 of the San Luis Obispo Municipal Code hereby is
amended to read as follows:
"SECTION 1251.
The officer shall, as soon as practicable, file a duplicate notice with the
Magistrate or City Attorney, as specified in such notice. The defendant may,
prior to the date upon which he promised to appear in court, deposit with the
Magistrate the amount of bail set by such Magistrate. Therefore, 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 discretion order that no further proceedings be
had, all sums deposited as bail shall forthwith be paid into the City Treasury."
SECTION 3. A summary of this Ordinance, approved by the City Attorney,
together with the ayes and noes, shall be published at least three (3) days prior
to its final passage in the Telegram- Tribune, a newspaper published and circulated
in said City, and the same shall go into effect at the expiration of thirty (30)
days after its said final passage. A copy of the full text of this ordinance shall
be on file in the Office of the City Clerk on and after the date following
introduction and passage to print and shall be available to any interested member
of the public.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo
at a meeting held on the 19th day of April 1983, on motion of
Councilman Griffin seconded by Councilman Settle , and on the following
roll call vote:
AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig
NOES: None
ABSENT: Councilwoman Dovey
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Ordinance No. 957 (1983 Series)
Appr
City Administrative Off cer
City Attorney
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ORDINANCE NO. 957
(1983 Series)
FINALLY PASSED this 3rd day of May
1983, on motion of Councilwoman Dovey seconded by
Councilman Griffin , and on the following roll call
vote:
AYES: Councilmembers Dovey, Griffin, Dunin, Settle and Mayor Billig
NOES: None
ABSENT: None
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