SR-701-001 (10)
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CA:RMM:rm3606a
City Council Meeting 2-26-85
fEB 2 6 19a5
Santa Monlca, CalifornIa
STAFF REPORT
TO: Mayor and CIty CouncIl
FROM. Robert M. Myers, CIty Attorney
SUBJECT" OrdInance AmendIng MunICIpal Code SectIon
3606 Relatlng to Issuance of CItatIons
1n LIeu of Arrest
At lts meetIng on February 19,
1985, the CIty CouncIl
Introduced for fIrst readIng an ordInance amendIng MunlClpal
Code SectIon 3606 relatIng to lssuance of cltatlons In lIeu of
arrest
The ordlnance IS now presented to the CIty Councli
for adoptIon
RECOMMENDATION
It IS respectfully recommended that the accompanYlng
ordInance be adopted.
PREPARED BY:
Robert M. Myers, Clty Attorney
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CA:RMM:rm36Q6a
City Council Meeting 2-26-85
Santa Monlca~ Cal1fornia
ORDINANCE Nut1BER 1331 (CCS)
(CIty CouncIl SerIes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA
MONICAL MUNICIPAL CODE SECTION 3606
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Santa Monica MunICIpal Code SectIon 3606 1S
amended to read as follows:
SECTION-
3606.
Issuance
of
CItatIons 10 LIeu of Arrest.
(1) Except
when
otherwise
requIred by thiS Code or the VehIcle
Code, whenever a person IS arrested
for a VIolation of thIS Code, the CIty
Charter, or any ordInance of the City,
the VIolatIon of WhICh is punishable
either
as
a
mIsdemeanor
or an
InfractIooJ
unless such person IS
taken
before
a
magistrate
In
accordance With the Penal Code or
demands to be so taken, the arrestIng
offIcer shall prepare a wrItten notIce
In accordance WIth the Penal Code and
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shall release the person upon hIS or
her wrItten promIse to appear In court
In accordance with the Penal Code.
( 2 )
Any
person who WIlfully
vIolates hIS or her wrItten promIse to
appear In court gIven In accordance
wIth this SectIon shall be gUIlty of a
misdemeanor regardless of the
dISpOSition of the charge;upon whIch
he or she was originally arrested
SECTION 2. Any prOVISIon of the Santa Monica MunICIpal
Code or appendices thereto InconSIstent With the prOVISIons of
thIS ordInance, to the extent of such InconSIstencIes and no
further, are hereby repealed or modIfIed to that extent
necessary to affect the prOVISions of this ordinance.
SECTION 3. If any sectIon, subsection, sentence,
clause, or phrase of thiS ordinance IS for any reason held to
be invalId or unconstItutIonal by a deCISion of any court of
any competent JurIsdIctIon, such deCISion shall not affect the
valIdity of the remaInIng portIons of the ordinance. The City
CounCIl hereby declares that It would have passed thIS
ordinance and each and every sectIon, subsectIon, sentence,
clause or phrase not declared lnvalld or unconstItutIonal
Without regard to whether any portIon of the ordInance would
be subsequently declared Invalid or unconstitutlonal.
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SECTION 4.
The Mayor shall SIgn and the CIty Clerk
shall attest to the passage of thIS ordInance. The CIty Clerk
shall cause the same to be publIshed once In the offIcIal
newspaper wIthIn 15 days after Its adoptIon. The ordInance
shall become effectIve after 30 days from ItS adoptIon.
APPROVED AS TO FORM:
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ROBERT M. MYERS
CIty Attorney
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Adopted and approved thIS 26th day of February, 1985.
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;- - Mayot' --
I hereby certify that the foregoing OrdInance No. 1331 (CCS)
was duly and regularly lntroduced at a meetIng of the Cl-ty
Council on the 19th day of February 1985; that the sald Ordinance
was thereafter duly adopted at a meetIng of the CIty CouncIl on
the 26th day of February 1985 by the followIng CouncIl vote:
Ayes: Councllmembers: Conn, Epstein, JennIngs, Katz,
Zane and t-r a y 0 r Reed
Noes: Councllmembet's: None
AbstaIn: Councllmembers: None
Absent: Councllmembers: Edwards
ATTEST:
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CIty Clerk