§ 31-5.2. Same—Procedure upon arrest of persons for violation of code or ordinance—Written promise of arrested person to appear.*

(a)

Whenever any person is arrested for an infraction or a misdemeanor for a violation of any provisions of this Code or of any other town ordinance and is not immediately taken before a magistrate as required or permitted by the Penal Code, the arresting officer shall prepare in duplicate a written notice to appear in court containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.

(b)

The time specified in the notice to appear must be at least ten days after the arrest.

(c)

The place specified in the notice to appear shall be:

(1)

Before a judge of the municipal court of the Central Judicial District, county of Marin; or

(2)

Before an officer authorized by such court to receive a deposit of bail.

(d)

The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person, in order to secure release, must:

(1)

Present his driver's license or other satisfactory evidence of his identity to the peace officer, and

(2)

Give his written promise to so appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.

(e)

Pursuant to Penal Code section 853.5, any person arrested for an infraction may be taken into custody for refusing to sign a written promise, having no satisfactory identification, or refusing to provide a thumbprint or fingerprint. The thumbprint or fingerprint shall not be used to create a data base, and shall only be required should the arrestee not have a driver's license or other satisfactory identification.

(f)

Any person arrested for a misdemeanor may be taken into custody pursuant to Penal Code section 853.6.

(g)

The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon bail shall be set and the matter dealt with according to law.

(Ord. No. 439 N.S., § 9 (part))

* "Arresting officer" is defined in Section 31-1.1 as a peace officer and/or a Code Enforcement Officer.