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SR-701-001 (10) '!' -f~ ,30 " -E. 7&/-- otJ/ 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 '--L Fr.8 2 8 '. ~ lo 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 1 ~ ~ 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InconSIstent With the prOVISIons of thIS ordInance, to the extent of such InconSIstencIes and no further, are hereby repealed or modIfIed to that extent necessary to affect the prOVISions of this ordinance.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. 2 .... 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: ~\-.~ ROBERT M. MYERS CIty Attorney 3 " .. Adopted and approved thIS 26th day of February, 1985. {lh~ ft. ~ ;- - 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: ~~ CIty Clerk