(A) (1) If a police officer observes facts which he or she believes constitute a violation of the traffic ordinances of the city by a resident thereof, in lieu of arresting the person, he or she may take his or her name, address, operator’s license number, the license number of the motor vehicle involved and any other pertinent information, and may issue to him or her, in writing in the uniform traffic citation form prescribed by the state, a traffic citation embracing the above information, stating the traffic violation alleged to have occurred and notifying him or her to answer to the charge against him or her in the Municipal Court at a time (not later than five days thereafter or the next Municipal Court date) specified in the citation.
(2) The officer, upon receiving the written promise of the alleged violator (on the citation) to answer as specified, shall 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 non-resident of the city, the police officer shall take him or her into custody under arrest. The arrested person shall either be taken immediately before the Municipal Judge for further proceedings according to law, or shall have bail fixed for his or her release in accordance with the provisions of this chapter. Upon providing bail, and upon giving his or her written promise to appear upon a day certain, as provided in division (A) above, he or she shall be released from custody.
(C) (1) If the alleged offense constitutes violation of any parking ordinance and the operator is not present, the police officer shall place on the vehicle, at a place reasonably likely to come to the notice of the operator, an appropriate citation, with variations as the circumstances require.
(2) The operator of the vehicle shall be under the same obligation to respond to the citation as if it had been issued to him or her personally under other provisions of this section.
(2002 Code, § 39.09)