HomeMy WebLinkAboutOrdinance 2066 N.C.S. 02/17/19983
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ORDINANCE NO. 2066
Introduced by
David Keller
N.C.S.
Seconded by
Pamela Torliatt
AN ORDINANCE OF THE COUNCIL OF THE CITE' OF PETALUMA
AMENDING SECTION 1.04.070 "FORFEITURE OF BAIL" OF TITLE 1
"GENERAL PROVISIONS" OF THE PETALUMA MUNICIPAL CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Section 1.04.070 "Forfeiture of bail" of Chapter 1 "General Provisions" of the
Petaluma Municipal Code is hereby amended to read as follows:
1.04.070 Forfeiture of bail.
A. In the case of any violation of this code, if at the time when
the case is called for arraignment before the magistrate the
defendant does not appear either in person or by counsel,
the magistrate may declare the bail forfeited and may in his
discretion order that no further proceedings be had in the
case, unless:
1. The defendant has been charged with a misdemeanor
pursuant to provisions of this code; or
2. The defendant has been charged with a second
violation of the same code section committed within
one year, as set out in Section 1.04.060; or
3. The City's adopted bail schedule requires proof of
correction to be submitted as well as the deposit of
Ord. 2066 NCS Page 1 of 2
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bail, and such proof of correction has not been filed
with the Court.
B. Upon making of the order that no further proceedings be
had, all sums deposited as bail shall forthwith be paid into
the city treasury.
Section 2. If any section, subsection, sentence, clause or phrase or word of this ordinance
is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance. The City Council of the
City of Petaluma hereby declares that it would have passed and adopted this ordinance and each
and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional.
Section 3. The City Clerk is hereby directed to post this ordinance for the period and in
the manner required by the City Charter.
INTRODUCED and ordered posted/"ld this end day of February , 1998.
ADOPTED this 17th day of February , 1998 by the following vote:
AYES: Torliatt, Hamilton, Read, Stompe, Vice Mayor Maguire, Mayor Hilligoss
NOES: None
ABSENT: Keller
ATTEST:
ity Clerk
ord
2/6/98 (fmk)
APPROVED AS TO FORM:
7
City Attorney
Ord. 2066 NCS
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