Sec. 7-1. - Public guardian—Office created.

In accord with section 8000 of the Welfare and Institutions Code of the state there is created within the county the office of public guardian.

(Ord. No. 249, § 1, 2-14-61)

Sec. 7-2. - Same—Appointment; term.

In accord with said provisions of said Welfare and Institutions Code the public guardian shall be appointed by the board of supervisors of the county and shall hold his office until his appointment thereto is terminated by said board of supervisors.

(Ord. No. 249, § 3, 2-14-61)

Sec. 7-3. - Same—Compensation as fixed.

The compensation to be paid for the services of the public guardian shall be such compensation as shall be fixed by the salary ordinance of the county.

(Ord. No. 249, § 4, 2-14-61)

Sec. 7-4. - Same—Powers and duties.

The powers and duties of the public guardian shall be as prescribed in the Welfare and Institutions Code of the state.

(Ord. No. 249, § 2, 2-14-61)

Sec. 7-5. - Law library; establishment.

The provisions of an act of the legislature of the state entitled "An Act to Establish Law Libraries," approved March 31st, 1891, are made applicable to and in the county, and are declared to be in full force and effect in the county.

(Ord. No. 4, § 1, 6-6-1893)

State law reference— Authority, Bus. & Prof. C., § 6363.

Sec. 7-6. - Delinquency prevention commission.

Under the authority of Welfare and Institutions Code section 233, there is hereby established the Delinquency Prevention Commission of Kings County. The Kings County Juvenile Justice Commission shall serve as the delinquency prevention commission.

(Ord. No. 310, § 1, 12-16-69; Ord. No. 339, § 1, 4-11-72; Ord. No. 610, § 1, 4-2-02)

Editor's note—

Ord. No. 309, § 1, enacted Dec. 2, 1969, repealed Ord. No. 291, enacted Nov. 21, 1967, § 4 of which, codified as § 7-6, provided that the juvenile justice commission shall serve as the delinquency prevention commission. Ord. No. 310 did not expressly amend this Code, hence was codified as § 7-6 at the discretion of the editor. Ord. No. 339, § 1, amended § 7-6 by increasing the number of commission members from 7 to 9.

State law reference— As to juvenile justice commission, see Welf. & Inst. C., § 525.

Sec. 7-7. - Bicycles and toys for delinquency prevention.

Pursuant to section 217 of the Welfare and Institutions Code, any bicycle or toy in the possession of the sheriff which has been unclaimed for a period of at least three months, and the owner cannot, with reasonable diligence, be found, or, being found, refuses upon demand to pay the lawful charges provided by Civil Code sections 2080 and 2080.1, or Penal Code section 1411, may be turned over to the probation officer for use in any program of activities designed to prevent juvenile delinquency.

(Ord. No. 447, § 2, 4-9-85)

Sec. 7-8. - Peace officers' training fund—Election to receive state aid.

The board of supervisors of the county declares that it desires to qualify to receive aid from the state pursuant to the provisions of Chapter 1, Title 4, Part 4 of the Penal Code of the state.

(Ord. No. 260, § 1, 11-7-62; Ord. No. 447, § 1, 4-9-85)

Sec. 7-9. - Same—Adherence to standards.

Pursuant to section 13522 of the Penal Code of the state, the county while receiving aid from the state pursuant to said section, will adhere to the standards for recruitment and training as established by the state commission on peace officer standards and training.

(Ord. No. 260, § 2, 11-7-62; Ord. No. 447, § 1, 4-9-85)

Sec. 7-10. - Appearance after arrest—Notice; written promise.

(a)

Whenever any person is arrested for a violation of any ordinance of the county, the arresting officer shall either take such person before a magistrate immediately, in conformity with the provisions of the Penal Code of the state, or prepare in duplicate a written notice to appear in court as follows:

(1)

The notice shall contain the name and address of the person arrested, the offense charged (and, if the offense involves a vehicle, the license number and description of such vehicle), and the time and place the arrested person shall appear in court.

(2)

The time specified in the notice to appear shall not be less than five days after the arrest.

(3)

The place specified in the notice to appear shall be either: before a judge of a justice court within this county who has jurisdiction of the offense charged and who is nearest and most accessible with reference to the place where the arrest is made; or upon demand of the person arrested, before a judge of a justice court having jurisdiction of such offense, at the county seat of this county; or before a judge in the judicial district in which the offense is alleged to have been committed.

(b)

The arresting officer shall deliver one copy of the notice to appear to the arrested person and the arrested person in order to secure his release must give his written promise so to 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.

(c)

As soon as practicable, the arresting officer shall file the duplicate notice with the magistrate specified therein. Thereupon, the magistrate shall fix the amount of bail which in his judgment, in accordance with the provisions of section 1275 of the Penal Code of the state, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice to appear, a statement signed by him in the form set forth in section 815a of the Penal Code of the state. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall 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 shall be had in such case. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to section 1463 of the Penal Code of the state.

(d)

No warrant shall issue on such charge for the arrest of a person who has given a written promise to appear in court, unless and until he has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment as required by law.

(Ord. No. 242, § 1, 6-9-59; Ord. No. 447, § 1, 4-9-85)

Sec. 7-11. - Same—Violation of promise a misdemeanor.

Any person who wilfully fails to appear in court in accordance with his written promise contained in the notice to appear is guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested, and upon conviction thereof shall be punished as provided in section 1-8.

(Ord. No. 242, § 2, 6-9-59; Ord. No. 447, § 1, 4-9-85)

Sec. 7-12. - Same—Issuance of warrant for person violating promise.

When a person who has signed a written promise to appear fails to appear at the time and place specified in the written promise to appear and has not posted bail as provided in section 7-9(c), the magistrate shall issue and have delivered for execution a warrant for his arrest within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(Ord. No. 242, § 3, 6-9-59; Ord. No. 447, § 1, 4-9-85)

Sec. 7-13. - Peace officer status; conferring by sheriff.

(a)

Any person duly appointed as a reserve sheriff officer is a peace officer if the person was issued a Level I reserve officer certificate before January 1, 1981, and if the sheriff determines that the person is qualified to perform general law enforcement duties by reason of the person's training and experience.

(b)

The sheriff may, in his sole discretion and without cause, withdraw peace officer status from any such reserve sheriff officers.

(Ord. No. 425, § 1, 7-19-83; Ord. No. 447, § 1, 4-9-85)

Sec. 7-14. - Trial juror fees and service.

(a)

The fee for trial jurors in superior, municipal and justice courts, in civil and in criminal cases, is $5.00 a day for each day's attendance as a juror, whether paid directly to the person serving as juror or to his or her employer.

(b)

Trial jurors in the superior, municipal and justice courts, in civil and in criminal cases, shall be reimbursed for mileage at the rate of $0.15 per mile for each mile actually or necessarily traveled in attending court as juror, in going only.

(c)

No trial juror shall be required, during any 12-month period, to serve more than ten court days, except as necessary to complete the hearing of an action.

(Ord. No. 439, § 1, 11-20-84; Ord. No. 447, § 1, 4-9-85; Ord. No. 463, § 1, 8-4-87)