Chapter 1.16
CITATION PROCEDURE

Sections:

1.16.010    Arresting officer defined.

1.16.020    Notice to appear in court for violation of code.

1.16.030    Violation of promise to appear in court.

1.16.040    Failure to appear in court – Warrant for arrest.

1.16.010 Arresting officer defined.

For the purposes of this code, the terms “arresting officer” and “officer” shall mean any police officer of the City and any other officer or employee of the City whose duty it is to enforce this code or any ordinance of the City, or any officer or employee of the County whose duty it is to enforce by contract between the City and County, any ordinance of the City. Such officer is authorized by the Council to use the citation procedure established in this chapter in the performance of the officer’s enforcement duties.

1.16.020 Notice to appear in court for violation of code.

A. Whenever any person is arrested for any violation of this code or any ordinance of the City, and such person is not immediately taken before a magistrate as is more fully set forth in the Penal Code of the State, 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 to appear in court.

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

C. 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 give that person’s 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.

D. 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.

1.16.030 Violation of promise to appear in court.

Any person willfully violating a written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested.

1.16.040 Failure to appear in court – Warrant for arrest.

A. If a person signs a written promise to appear before a magistrate, but has not posted bail to assure such appearance, and fails to so appear, then the magistrate shall issue and have delivered for execution a warrant for that person’s arrest within 20 days after failure to appear as promised.

B. If a person violates a promise to appear before an officer authorized to receive bail other than a magistrate, then the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. Within 20 days of receipt such promise, the magistrate shall issue and have delivered for execution a warrant for the person’s arrest.