(A) Any person who is a resident of the state and is detained by an enforcement officer for the purpose of issuing and serving a citation for violation of an enforcement provision, and who provides the enforcement officer with a satisfactory identification in accordance with § 32.04(A)(2) and executes a signed notice to appear in court in accordance with § 32.04(A)(3), shall thereupon be released from the detention without other bond or security for appearance.
(B) However, if the person is not a resident of the state and/or refuses to sign a notice to appear in court, the following additional procedures and requirements apply before the enforcement officer releases the person from detention, as the appropriate case may be.
(1) If the person is a resident of the state and the offense charged is violation of an enforcement provision constituting a moving traffic offense or a nonmoving traffic offense required by law or regulation to be reported to the State Commissioner of Motor Vehicles, and the person refuses to sign the notice to appear, the enforcement officer before releasing the person shall inform him or her that notwithstanding his or her refusal to sign the notice, he or she is obliged by law to appear at the time and place indicated in the citation or to previously compromise and settle the complaint in the manner hereafter provided, and that failure to do so will result in his or her arrest on warrant of the court and/or suspension of his or her driver’s license.
(2) If the person is a nonresident of the state and the offense charged is violation of an enforcement provision constituting a moving traffic offense or a nonmoving traffic offense required by law or regulation to be reported to the State Commissioner of Motor Vehicles, the enforcement officer shall, before releasing the person:
(a) Require the person to deposit a security for appearance of the type described by state law, and in the manner prescribed by state law, and also to execute a security deposit agreement as described by state law, unless the person is exempt from the requirement under state law; and if the person refuses to sign a notice to appear, the enforcement officer shall also inform the person that notwithstanding his or her refusal to sign the notice, he or she is obliged by law to appear at the time and place indicated in the citation or to previously compromise and settle the complaint in the manner hereafter provided, and that failure to do so will result not only in the forfeiture of the security provided but will also cause the court to notify the State Commissioner of Motor Vehicles of his or her failure to appear which will result in the suspension of driving privileges in the state and that a copy of the order of suspension will also be sent to the equivalent authority of the person’s home state in accordance with state law; or
(b) The enforcement officer shall accompany the offender to the nearest United States Postal Service receptacle and see that the offender mails to the Clerk of the County Court a copy of the citation with a signed admission of guilt, and a check or money order in the amount of fine requested, as determined pursuant to § 32.12, plus court costs, thus compromising and settling the complaint in accordance with § 32.13(B).
(3) (a) If the person is a nonresident of the state, or is a resident of the state but refuses to sign a notice to appear in court, and the offense charged is of a kind other than a moving traffic offense required to be reported to the State Commissioner of Motor Vehicles, the enforcement officer shall before releasing the person accompany the person to the office of the Clerk-Treasurer, where the person shall be released upon either:
1. Depositing with the Clerk-Treasurer a security as guarantee for appearance, the security being a deposit of cash, traveler’s checks, or other valuable securities or property acceptable to the Clerk-Treasurer and at least equal in value to the amount of fine requested in the complaint exclusive of costs which could be imposed by the court were the person to appear and be convicted, for which security the Clerk-Treasurer shall provide the person with a proper receipt and shall make an understanding and agreement with the person that should he or she fail to appear to answer the charge or fail to compromise and settle the complaint before the appearance as hereafter provided, the security thus deposited will be forfeited in favor of the city and in settlement of the complaint, but will be fully refunded or restored to the person if he or she does appear at the place and time prescribed or does previously compromise and settle the complaint; or
2. Compromising and settling the complaint at the time in the manner provided by § 32.13(A).
(b) However, if the office of the Clerk-Treasurer is not open for business at the time the citation is served, the enforcement officer, in lieu of the above procedure, shall accompany the person to the nearest United States Postal Service receptacle and shall supply the person with a stamped envelope addressed to the office of the Clerk-Treasurer, and shall ascertain that the person deposits therein and mails either a security for appearance and a signed security deposit agreement of the type described in division (B)(2)(a) above, or else his or her copy of the citation and an amount of payment necessary to compromise and settle the complaint in accordance with § 32.13(A), and the enforcement officer shall thereupon release the person from any further detention.
(1985 Code, § 1-3-6)