This chapter shall be known and cited as the “Madera County Bail Bond Jail Advertising Ordinance.” (Ord. 587 § 1(part), 2002).

The Board of Supervisors of the County of Madera finds as follows:
A. Madera County department of corrections adult jail facility inmates and their families have a right to obtain prompt bail bond services. One source of bail bond information is small advertising signs which bail bondsmen and bail bond companies place in the intake and front lobby areas of the Madera County department of corrections adult jail facility. The county has a duty to ensure that the bail bond information made available via advertising on county property is accurate, up to date, and not misleading.
B. Bail bond advertising by out-of-county bondsmen and out-of-county bail bond companies at the Madera County department of corrections adult jail facility has proven to be misleading. Such advertising uses local “roll-over” telephone numbers or local answering service telephone numbers which actually connect to locations outside Madera County. Use of such local numbers by out-of-county bondsmen and out-of-county bail bond companies suggests that they are located locally and are therefore able to provide bail services promptly, when in fact the out-of-county bondsmen and out-of-county bail bond companies have no local representative. The lack of a local representative significantly delays the inmate and his/her family from receiving prompt bail bond services, a circumstance which is detrimental to the inmate, his/her family, and to the county of Madera.
C. The county of Madera has a substantial interest in restricting bail bond advertising on county property to bondsmen and bail bond companies located within the county of Madera for the following reasons:
1. Since jail inmates have a constitutional right to the availability of bail, the county has a substantial interest, if not an outright duty, to ensure that the bail bond information posted at Madera County department of corrections adult jail facility, and thereby made available to inmates and their families, is accurate and is not misleading;
2. The county, the inmate and his/her family have a substantial interest in the inmate receiving prompt bail services; the inmate because his/her freedom and livelihood is at stake, and the county because it bears the direct costs of housing, feeding, supervising and providing medical care to inmates for the duration of their stay at the county’s jail facility;
3. Ensuring that Madera County inmates who are eligible for release on bail have available accurate bail bond information which will result in them receiving prompt, efficient bail services, advances the county’s substantial interest saving taxpayer monies which would be expended while the inmate is waiting the extra amount of time required for the out-of-county bondsman or bail bond company to travel to Madera to make arrangements for the inmate’s release on bail; and
4. Ensuring that Madera County inmates who are eligible for release on bail have available accurate bail bond information which will result in them receiving prompt, efficient bail services advances the county’s substantial interest in protecting the community by making it more likely that the Madera County department of corrections adult jail facility will have space available to house serious felony offenders.
For these reasons, by this chapter the County restricts bail bond commercial advertising in its jail facility to bondsmen and bail bond companies who satisfy all of the requirements of Section 5.22.030. (Ord. 587 § 1(part), 2002).

A. Bail bond companies and bail bond agents shall not be permitted to submit advertising signs for placement in the Madera County department of corrections adult jail facility unless they have all of the following:
1. A current license issued by the Department of Insurance and a business license issued by the applicable government agency.
2. Either
a. a physical office located in Madera County, or
b. a resident agent who has a physical residence address in Madera County. The term “office” is defined as a location that maintains files, is listed with the Department of Insurance as the office address of the bondsman or bail bond company, and is open to the public. The address of the office must match the address posted on the face sheet of the bonds issued by the bondsman.
3. A telephone number which connects the caller with the company’s physical office or resident agent’s physical residence address in Madera County.
4. Bail agents or companies operating under a fictitious business name shall have a current fictitious name statement on file in the clerk/recorder’s office. (Ord. 587 § 1(part), 2002).