Loading...
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