A. A law enforcement officer who arrests a person without a warrant for offenses defined as petty misdemeanors under the statutes of the state, or for violation of city ordinances, may offer the person so arrested the option of accepting a citation to appear in lieu of taking the person to jail.
B. A citation issued pursuant to this section shall contain:
1. The name and address of the cited person;
2. The offense charged;
3. The time and place for the person to appear. Unless the person so cited requests an earlier date, the time specified in the citation shall be at least five days after issuance of the citation. The law enforcement officer shall explain to the person the person's right to refuse to sign the citation, the effects of signing the citation, as well as the effects of not signing the citation, and he shall explain the effect of the person's failure to appear at the time and place stated on the citation.
C. The person's signature on the citation shall constitute a promise to appear at the time and place stated in the citation. One copy of the citation to appear shall be delivered to the person cited and one copy shall be filed by the officer with the court as soon as practicable.
D. A citation issued pursuant to this section shall be a valid complaint against the person so cited.
E. It shall be a petty misdemeanor and/ or a violation of city ordinances for a person signing a citation promising to appear not to appear at the time and place stated in the citation regardless of the ultimate disposition of the offense for which the citation was issued. A written promise to appear may be complied with by appearance of counsel. (Ord. 304 § 2, 1981: prior code § 7-5-1)