§ 31-19. Arrest for nontraffic violations; citations, promise to appear, etc.  


Latest version.
  • (a)

    If a police officer observes facts which he believes constitute a violation of any ordinance of this city, other than a traffic ordinance, committed by a resident of the city, he may issue to such person in writing, on a form approved as to form and legality by the city attorney, a citation stating the violation alleged to have occurred, and notifying him to answer to the charge against him in the court at a time, not later than 30 days thereafter, specified in the citation. Upon such person acknowledging receipt of said citation by signing it, the officer shall immediately release him, unless it reasonably appears to the officer that the person may cause injury to himself or others or damage to property if released, that the person will not appear in response to the citation, or the person is arrested for an offense against a person or property. If said person fails to appear in response to the citation, a warrant shall be issued for his arrest and his appearance shall be compelled.

    (b)

    If the alleged violation is committed by a nonresident of the city, the police officer shall take him into custody under arrest. The arrested person shall either:

    (1)

    Be taken immediately before the judge for further proceedings according to law;

    (2)

    Have bail fixed for his release in accordance with the provisions of this chapter.

    (c)

    Upon providing bail as fixed, and upon giving his written promise to appear upon a certain day as provided in this section, he shall be released from custody.

(Code 1966, § 7-20A; Code 1982, § 18-18.1; Ord. No. 1971, § 1, 11-2-1981; Ord. No. 2156, § 1, 10-22-1984; Ord. No. 3280, § 1, 10-20-2014 )