COLUSA COUNTY AIR POLLUTION CONTROL DISTRICT

REGULATION 1 - GENERAL PROVISIONS

RULE 1.7 - ARREST, NOTICE TO APPEAR

The Air Pollution Control Officer and his duly authorized representatives are hereby authorized pursuant to Penal Code Section 836.5, to arrest a person without warrant whenever they have reasonable cause to believe that the person to be arrested has committed a misdemeanor in their presence, which is a violation of these regulations.

a. In any case in which a person is arrested pursuant to the above-mentioned paragraph of this rule and the person arrested does not demand to be taken before a magistrate, the Air Pollution Control Officer making the arrest shall prepare a written 'Notice to Appear' and release the person on his written promise to appear, as prescribed by Chapter 5C, Title 3, Part 2, of the Penal Code (commencing with Section 853.6). The provisions of such Chapter shall thereafter apply with reference to any proceeding based upon the issuance of a written 'Notice to Appear' pursuant to this authority.