A. Whenever a person is arrested for violation of an ordinance of the city by a law enforcement officer, the officer shall immediately release such person if he acknowledges receipt of a citation by signing it unless there is probable cause to believe that the person will not appear in response to the citation because that person has previously failed to appear pursuant to a citation and a warrant has issued for that reason, or the person is arrested for an offense against a person or property.
B. If the officer reasonably believes that the person will cause injury to himself or others if released, the officer shall comply with the following procedures:
1. The person under arrest shall be advised of:
a. The reason for the arrest;
b. The reason for refusing release;
c. The right to be released under the conditions set forth in paragraph 4 below;
d. The right to respond to the arresting officer's reasons for believing he will cause injury to himself or others if released; and
e. The right to contact an attorney or other persons in order to advise them of the arrest and to request assistance in obtaining release. In addition to advising the person under arrest with a written notice;
2. The officer, considering all the attendant circumstances, shall make a determination regarding the existence of probable cause to believe that the person will cause injury to himself or others if released;
3. If the officer determines that there is not probable cause to believe that the person will cause injury to himself or others if released, the person shall be released upon acknowledging receipt of a citation by signing it or as otherwise provided hereunder;
4. If the officer determines that there is probable cause to believe that the person will cause injury to himself or others if released upon signing a citation, the person shall be entitled to release upon conditions which can reasonably be expected to abate the danger, including release to a third person under circumstances which abate the danger of injury to the person under arrest or others;
5. In the event that the person cannot be released upon conditions which can reasonably be expected to abate the danger of injury, the person shall be detained only so long as the conditions creating the danger of injury continue to exist; provided that if the condition creating the danger of injury is intoxication, the person shall not be held longer than six (6) hours;
6. If the person is detained because of intoxication, the officer shall file a written report setting forth the circumstances under which he took the person into custody, the basis for his belief that the person is a danger to himself or others, and the reason for refusing release to a third party. The report shall contain the time of arrest and release; or
7. If circumstances other than intoxication exist which require detention to prevent injury to person or others, the officer shall prepare a written report setting forth the circumstances under which he took the person into custody and the basis for his belief that the person is a danger to himself or others and shall comply with the provisions of Section 52.1 of Title 43A of the Oklahoma Statutes regarding taking a person into protective custody.
C. In the event the person is not released upon acknowledging receipt of a citation other than probable cause to believe the person will cause injury to himself or others, the officer shall:
1. File a written report containing the reasons for denying release, including the source of information relied upon to make the determination that the person should not be released upon acknowledging receipt of a citation;
2. Admit the person to bail, which in the case of a traffic offense may be a deposit of the person's driver's license, or release on his/her recognizance in accordance with rules for the receipt of bail and release by recognizance prescribed by the city judge; or take the person without delay before the city judge for arraignment; and
3. In the event the person is not released and the city judge is not available, the person shall be taken before the chief of police or a designated representative other than the arresting officer and given an opportunity to be admitted to bail or released on recognizance in accordance with rules and procedures prescribed by the city judge.
D. In the event the person is unable to post bail because of poverty, but would otherwise qualify for release as hereinabove set forth and the city judge is not available, the person shall be given a citation to appear at a later time and shall be released on his or her own recognizance. (Prior Code, Sec. 12-20; Ord. No. 334, 7/5/88)