A. If any person arrested for a violation of any of the provisions of this code is not immediately taken before a magistrate as prescribed in the Penal Code, 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 where and when such person shall appear in court. If such person signs the citation agreeing to appear in court at the time and place stated, he/she shall be released from custody.
B. Any person wilfully violating his/her written promise to appear in court at the time and place stated in the citation, shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he/she was originally arrested and shall be subject to penalty as provided in section 1-4-1 of this chapter.
C. When a person signs a written promise to appear at the time and place specified in the citation and has not posted bail as provided in the Penal Code 1 , the magistrate shall issue and have delivered for execution a warrant for his/her arrest within twenty (20) days after his/her failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date he/she has promised to appear, then the magistrate shall issue and have delivered for execution a warrant for his/her arrest within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense. (Ord. 179, 5-18-1959; amd. 1996 Code)
Notes
| 1 | 1. Pen.C. § 853.6. |