(A) Whenever any person is arrested for violation of any provision of the ordinances of the city, the arresting officer shall issue a summons to or otherwise notify in writing the arrested person to appear before the county court at an hour and day specified in the summons or notice to answer a complaint for violations of any provisions of the ordinances of the city.
(B) If the arrested person shall promise in writing to appear at the time specified, the arresting officer shall release him or her. Should the arrested person refuse to give his or her written promise to appear at the time given in the summons or notice, the arresting officer shall immediately take him or her before the county court or, if the county court shall not then be sitting, shall be committed to the county jail.
(C) (1) When any person who is charged with violation of any provision of the ordinances of the city has appeared before the County Judge and the matter is continued until another time, the County Judge, in his or her discretion, shall release such person either:
(a) Upon his or her personal written promise to appear for hearing at a time and date specified therein; or
(b) Upon the posting of bond to secure his or her appearance at a time and date specified therein.
(2) Upon failure of the defendant to give either his or her written promise to appear or a bond for his or her appearance, the county court may commit him or her to jail until the matter can be heard without unreasonable delay.
(D) If such person fails to appear at the time and date specified, the County Judge shall forthwith issue a warrant for his or her arrest.
(E) It shall be unlawful for any person to fail to appear in county court as directed in the summons or notice, regardless of the disposition of the charge upon which they were originally arrested, and any person who shall so violate this section by failing to appear in county court as directed in the summons and notice shall, upon a conviction thereof, be fined in any sum not exceeding $100 or be imprisoned in the county jail for not to exceed seven days and shall pay the costs of prosecution.
(F) The provisions of division (B)(1) above shall not apply to any person arrested who at the time of his or her arrest:
(1) Is not a resident of the state;
(2) Resists lawful arrest; or
(3) Who the arresting office shall have good cause to believe has committed:
(a) Any felony;
(b) An offense causing or contributing to an accident resulting in death of any person; or
(c) Any offense of:
1. Reckless driving;
2. Wilful reckless driving;
3. Driving while under the influence of intoxicating liquor or narcotic drugs; or
4. Driving during any period of suspension or revocation of his or her motor vehicle operator’s license, or after any period of suspension and before such license shall have been renewed.
(G) For those arrests where the provisions of division (B) above shall not apply to the person arrested, the arresting officer shall take any such person forthwith before the county court, or if the county court shall not then be sitting, shall commit such person to jail until the matter can be heard without unreasonable delay, or until such person shall post bond to secure his or her appearance at a time and place specified in an amount approved by the county court.
(Prior Code, § 130.90) (Ord. 1316, passed 12-10-1984) Penalty, see § 130.99