HomeMy WebLinkAboutOrdinance 2066 N.C.S. 02/17/1998 ~
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5 ORDINANCE NO. 2066 N.C.S.
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8 Introduced by Seconded by
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11 David Keller Pamela Torliatt
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15 AN ORDDINANCE OF THE COUNCIL OP THE CIT4' OF PETALUIVIA
16 AMENDING SECTION 1.04.070 "FORFEITURE OF BAIL" OF TITLE 1
17 "GENERAL PROVISIONS" OF THE PETALUMA MUNICIPAL CODE
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20 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALIJMA AS
21 FOLLOWS:
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23 Section 1. Section 1.04.070 "Forfeiture of bail" of Chapter 1 "General Provisions" of the
24 Petaluma Municipal Code is hereby amended to read as follows:
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26 1.04.070 Forfeiture of bail.
27 A. In the case of any violation of this code, if at the time when
28 the case is called for arraignment before the magistrate the
29 defendant does not appear either in person or by counsel,
30 the magistrate may declare the bail forfeited and may in his
31 discretion order that no further proceedings be had in the
32 case, unless:
33 1. The defendant has been charged with a misdemeanor
34 pursuant to provisions of this code; or
35 2. The defendant has been charged with a second
36 violation of the same code section committed within
37 one year, as set out in Section 1.04.060; or
38 3. The City's adopted bail schedule requires proof of
39 correction to be submitted as well as the deposit of
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1 bail, and such proof of correction has not been filed
2 with the Court.
3 B. Upon making of the order that no further proceedings be
4 had, all sums deposited as bail shall forthwith be paid. into
5 the city treasury..
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7 Section 2. If any section, subsection, sentence, clause or phrase or word of this ordinance
8 is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision
9 shall not affect the validity of the remaining portions of this ordinance. The City Council of the
10 City of Petaluma hereby declares that it would have passed and adopted this ordinance and each
11 and all provisions thereof irrespective of the fact that any one or more of said provisions be
12 declared unconstitutional.
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14 Section 3. The City Clerk is hereby directed to post this ordinance for the period and in
15 the manner required by the City Charter.
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17 INTRODUCED and ordered posted/p~.lblld this 2nd day of February , 1998.
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19 ADOPTED this 17th day of February , 1998 by the following vote:
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22 AYES: Torliatt, Hamilton, Read, Stompe, Vice Mayor Maguire, Mayor Hilligoss
23 NOES: None
24 ABSENT: Keller
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28 Mayor
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30 ATTEST: APPROVED AS TO FORM:
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34 ity Clerk City Attorney
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