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A. If a police officer observes facts which he believes constitute a violation of the traffic ordinances of this city, committed by a resident or nonresident thereof, in lieu of arresting such a person, he may take his name, address, operator's license number, and registered license number of the motor vehicle involved and any other pertinent and necessary information and may issue him in writing in form prescribed by the mayor or his duly designated delegate, a traffic citation embracing the above information, and also stating the traffic violation alleged to have occurred, and notifying him to answer to the charge against him at a time, not sooner than five (5) days thereafter, specified in the citation. The officer, upon receiving the written promise of the alleged violator, endorsed on the citation to answer as specified, may then release the person from custody. If the person to whom a citation is issued fails to answer as prescribed in the citation, a complaint shall be filed and the case shall be prosecuted as otherwise provided in this chapter.
B. If the alleged traffic violation is committed by a nonresident or resident of this city, the police officer may: (Prior code §§ 12-20, 12-24)
1. Release the person after obtaining sufficient information as set out in subsection A of this section pending his appearance on a day certain in court, as specified in the citation after the person:
a. Posts cash bail; or
b. Deposits with the arresting officer a guaranteed arrest bond certificate;
This subsection B1 is not applicable in the case of any person arrested for driving under the influence of liquor or drugs, being in actual physical control of a motor vehicle while under the influence of liquor or drugs, leaving the scene of an accident, or driving under suspension or during revocation; (Prior code §§ 12-20, 12-24; amd. 2015 Code)
2. Take the person in custody and demand that bond for the offense charged be posted according to the provisions of this chapter; or
3. Take the person into custody under arrest. The arrested person either shall be taken immediately before the judge for further proceedings according to law or shall have bail fixed for his release in accordance with the provisions of this chapter. Upon providing bail as fixed, and upon giving his written promise to appear upon a day certain, as provided in subsection A of this section, the person shall be released from custody.
C. If the alleged offense be a violation of an ordinance restricting or regulating the parking of vehicles, including any regulations issued under such an ordinance, and the operator be not present, the police officer shall place on the vehicle, at a place reasonably likely to come to the notice of the operator, a citation conforming substantially to that prescribed in subsection A or B of this section, with such variation as the circumstances require; the operator of this vehicle shall be under the same obligation to respond to the citation as if it had been issued to him personally under subsection A or B of this section. (Prior code §§ 12-20, 12-24)