Ord 1613 - Amending Chapter 1 of the Code Authorizing the Town Manager to Arrest and to Issue Citations for Violations of the Town Code; Increasing the Maximum Fine For Misdemeanors to One Thousand Dollars; Amending Notice Requirements to Appear ProvisionORDINANCE NO. 1613
ORDINANCE AMENDING CHAPTER 1 OF THE TOWN CODE AUTHORIZING THE
TOWN MANAGER OR HIS DESIGNATE TO ARREST AND TO ISSUE CITATIONS
FOR VIOLATIONS OF THE TOWN CODE; INCREASING THE MAXIMUM FINE
FOR MISDEMEANOR TO ONE THOUSAND DOLLARS; AMENDING NOTICE TO
APPEAR PROVISIONS TO CONFORM TO CURRENT PENAL CODE REQUIREMENTS.
The Town Council of Los Gatos hereby ORDAINS:
Section 1 _
follows:
Section 1 -7 of the Town Code is hereby amended to read as
Whenever in this Code, or in any other ordinance of the
Town, or in any rule, regulation or order issued or promulgated
pursuant thereto, any act is prohibited, or is made or declared
to be unlawful, or an offense, or the doing of any act is
required, or the failure -to do any act is declared to be
unlawful, where no specific penalty is provided therefor, the
violation of any such provision shall constitute an infraction,
and the penalties therefor shall be those specified by Government
Code Section 36000(b). Where a violation is specifically
declared to be a misdemeanor, it shall be punished by a fine not
exceeding one thousand dollars, or the imprisonment for a term
not exceeding six months, or by both such fine and imprisonment.
Any violation, whether infraction or misdemeanor, may also be
redressed by civil action.
Section 2.
follows:
Section 1 -7.1 of the Town Code is hereby added to read as
Sec. 1 -7.1 Power of Arrest and Citation.
Pursuant to Penal Code Section 836.5 the Town Manager or his designate
is hereby vested with the authority to arrest and to issue a citation to
any person who violates any of the provisions of the Town Code or Town
ordinance.
Section 3.
Section 1 -8 of the Town Code is hereby amended to read as
follows:
Sec. 1 -8. Summons of Person arrested for violation of Code - -How and when
ig yen.
If any person is arrested for a violation of any provision of this
Code, or any other ordinance of the town, and such person is not
immediately taken before a magistrate as prescribed by the Penal Code of
the state, 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. The time specified in the notice to appear shall
be at least ten days after such arrest.
Sprtinn 4-
follows:
Section 1 -11 of the Town Code is hereby amended to read as
Sec. 1 -11. Same -- Issuance of warrant for arrest.
When a person arrested for a violation of this Code, or any ordinance
of the town, 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 853.6(e)(3) of the Penal Code of the state, the
magistrate shall issue and have delivered for execution a warrant for his
arrest within twenty 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 days after the delivery
of such written promise to appear by the officer to a magistrate having
jurisdiction over the offense.
Section S.
This ordinance takes effect 30 days after the date it is
adopted. Within 15 days after this ordinance is adopted, the Town Clerk
shall cause it to be published once in a newspaper of general circulation
published and circulated in the Town.
The above and foregoing ordinance was duly and regularly
introduced at a regular meeting of the Town Council of the Town of Los
Gatos held on the 19 day of March , 1934.
PASSED AND ADOPTED as an Ordinance of the Town of Los Gatos,
California, at a regular meeting of the Town Council, held on the 2 day
Of April , 19£14 by the following vote:
ATTEST:
AYES: COUNCILMEMBERS Joanne Benjamin, Terrence J.
Daily, Brent N. Ventura and Mayor Thomas J.
Ferri to
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT:
SIGNED:
CLERK OF TOWN OF LOS GAr
-2-
COUNCILMEMBERS Eric D. Carlson