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ORDINANCE NO. 1613 <br />ORDINANCE AMENDING CHAPTER 1 OF THE TOWN CODE AUTHORIZING THE <br />TOWN MANAGER OR HIS DESIGNATE TO ARREST AND TO ISSUE CITATIONS <br />FOR VIOLATIONS OF THE TOWN CODE; INCREASING THE MAXIMUM FINE <br />FOR MISDEMEANOR TO ONE THOUSAND DOLLARS; AMENDING NOTICE TO <br />APPEAR PROVISIONS TO CONFORM TO CURRENT PENAL CODE REQUIREMENTS. <br />The Town Council of Los Gatos hereby ORDAINS: <br />Section 1 _ <br />follows: <br />Section 1 -7 of the Town Code is hereby amended to read as <br />Whenever in this Code, or in any other ordinance of the <br />Town, or in any rule, regulation or order issued or promulgated <br />pursuant thereto, any act is prohibited, or is made or declared <br />to be unlawful, or an offense, or the doing of any act is <br />required, or the failure -to do any act is declared to be <br />unlawful, where no specific penalty is provided therefor, the <br />violation of any such provision shall constitute an infraction, <br />and the penalties therefor shall be those specified by Government <br />Code Section 36000(b). Where a violation is specifically <br />declared to be a misdemeanor, it shall be punished by a fine not <br />exceeding one thousand dollars, or the imprisonment for a term <br />not exceeding six months, or by both such fine and imprisonment. <br />Any violation, whether infraction or misdemeanor, may also be <br />redressed by civil action. <br />Section 2. <br />follows: <br />Section 1 -7.1 of the Town Code is hereby added to read as <br />Sec. 1 -7.1 Power of Arrest and Citation. <br />Pursuant to Penal Code Section 836.5 the Town Manager or his designate <br />is hereby vested with the authority to arrest and to issue a citation to <br />any person who violates any of the provisions of the Town Code or Town <br />ordinance. <br />Section 3. <br />Section 1 -8 of the Town Code is hereby amended to read as <br />follows: <br />Sec. 1 -8. Summons of Person arrested for violation of Code - -How and when <br />ig yen. <br />If any person is arrested for a violation of any provision of this <br />Code, or any other ordinance of the town, and such person is not <br />immediately taken before a magistrate as prescribed by the Penal Code of <br />the state, the arresting officer shall prepare in duplicate a written <br />notice to appear in court, containing the name and address of such person, <br />the offense charged and the time and place where and when such person <br />shall appear in court. The time specified in the notice to appear shall <br />be at least ten days after such arrest. <br />