SR-701-001 (12)
.
e
?-# /- tJe; /
e
I-a
FE"~ 1 !) 1ge5
Callforo~a
CA.:RMM<rm3606
C1ty CouncIl Meetlng 2~19-85
Santa MonIca,
STAFF REPOH.'l'
TO:
Mayor and CIty CouncIl
FROM.
Robert M. Myers, CIty Attorney
SUBJECT'
Ord1nance Amendlog MunICIpal Code SeCClon
3606 RelatIng to Issuance of CItatIons
In LIeu of Arrest
Santa MOhlca MuoIclpal Code SectIon
3606 currently
contalns procedures
for
Issuance of CItatIons In
lIeu of
arrest
for VIolatIons of the Santa MonIca MunICIpal Code or
ordInances of the CIty.
The accompanYIng ordInance would make
certaIn
technIcal
changes
In
the SectIon
to conform to
requIrements of state law.
The accompanYlng ordInance makes two prInCIpal changes
FIr-st}
MunlCIpal Code SectIon 3606 IS substantIally shortened
by reterenclng the Penal Code for the procedures for lssuance
of cltatIon'L
Currently, MunICIpal Code SectIon 3606 contaIns
detaIled procedures
for the Issuance of CItatIons under the
local
law
Rather than settIng forth these procedures, thIS
Sect10n references the Penal Code WhlCh contaIns 10 Penal Code
SectIons 853 5 and 853.6 un1form state standards
tor the
lssuance of mIsdemeanor and InfractIon CItatIons.
Secondj the
SectIon
1S
amended
to recognlze both eXistIng pract1ce and
reqUIrements
that cltatlons may be
lssued for 10tractIons In
addItIon to mIsdemeanors.
1
?-B
FfB 1 9 I98S
~
.
e
e
RECO_MMENDATION
It ~s respectfully recommended that the accompanYIng
ordInance be lntroduced for fIrst read1ng.
PREPARED BY:
Robert M. Myers, Clty Attorney
2
~ ,
e
e
CJLHMM. rm3606
CIty CounCil Meeting 2-19-85
Santa Monica} Californ1a
ORDINANCE NUMBER
(CIty Counell SerIes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING ORDINANCE
NUMBER 3606 (CCS)
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1.
Santa Mon1ca Mun1clpal Code Seetlon 3606 is
amended to read as follows:
SECTION
of
3606.
Issuance
Citatlons 10 Lieu of Arrest.
( 1 ) Except
when
otherWise
required by thIs Code or the VehIcle
Code, whenever a person 1S arrested
for a vlolatlon of thiS Code, the City
Chart~r} or any ordInance of the CIty,
the Violation of which 1S punishable
either
misdemeanor
as
a
or an
InfractIon)
unless such person IS
taken
before
magIstrate
a
1n
accordan~e 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
~...
~
e
e
shall
release the person upon hIS or
her wr~tten promlse to app~ar In court
In accordance wIth the Penal Code.
( 2 )
person who wIlfully
Any
v10lates hIS or her wrItten promIse to
appear ]n court gIven In accordance
w1th thIS SectIon shall be gUIlty of a
mIsdemeanor regardless of the
dISposItIon of the charge upon WhICh
he or she was or1glnally arrested.
SECTION
Any proV1sIon at the Santa MonIca MunIcIpal
2.
Code or appendlces thereto Inconslstent wIth the prOVISIons of
thIS ordInance, to the extent of such InconSIstencIes and no
further} are hereby repealed or modlfled to that extent
necessary to affect the prOVISIons of thIS ordInance.
SECTION 3. If any sectIon, subsectIon] sentence,
clause, or phrase of thlS ordInance ~s for any reason held to
be InvalId or unconstItutIonal by a decl5~on of any court of
any competent JurIsdIctIon] such deCISIon shall not affect the
valIdIty of the remaInlnq portIons of the ordInance. The CIty
CounCIl hereby dpclares that It would have passed thIS
ordInance ~nd each and every sectIon, subsectIon, sentence,
clause or phrase not declared Inval~d or unconstltut1onal
WIthout regard to whether any portIon of the ordInance would
be subsequently declared ~nvalld or unconstItutIonal.
2
A ...'
e
e
SECTION 4
The Mayor shall s19n and the C1ty Clerk
shall attest to the passage of thlS ordlnance.
The Clty Clerk
shall cause the same to be publlshed once ln the offlclal
newspaper wlthln 15 days after lts adoptlon.
The ord1nance
shall become effectlve after 30 days from lts adoptlon.
APPROVED AS TO FORM:
~\-.~ -
ROBERT M. MYFRS
Clty Attorney
3