A. Citation For Misdemeanors: The city police, or any peace officer, in lieu of taking a person into custody, or any public official charged with the enforcement of laws of this city, may issue and deliver a citation requiring any person subject to arrest or prosecution on a misdemeanor charge to appear at the appropriate court of jurisdiction before whom the person could be taken pursuant to law if the person had been arrested. (1989 Code § 13-10-1-08; amd. 2012 Code)
B. Appearance Required By Citation Or Information; Arrest For Failure To Appear; Motor Vehicle Violations; Disposition Of Fines And Costs:
1. Persons receiving misdemeanor citations or information shall appear before the court designated on the citation or information on or before the time and date specified in the citation or information.
2. No citation or information shall require a person to appear sooner than five (5) days or later than fourteen (14) days following its issuance.
3. Any person who receives a citation or information and who fails to appear on or before the time and date at the court specified shall be subject to arrest. The justice court judge may issue a warrant of arrest.
4. Except where otherwise provided by law, citations or information issued for violations of Utah Code Annotated title 41 shall state that the person receiving the citation or information shall appear before the magistrate nearest and most accessible to the place of violation who has jurisdiction over the offense charged. If the citation or information is issued for a violation within the geographical boundaries of any municipality or county precinct in which a justice court exists and in which a justice court judge is currently serving, such court shall be deemed the nearest most accessible court before whom such person shall appear; provided, however, information or citations issued for driving under the influence of alcohol or drugs, driving with blood content of 0.10 percent or higher, and reckless driving may be filed and tried in the district court in the county where the offense occurred without regard to the location of the offense within the county.
5. Any justice court judge may, upon his own motion or upon the motion of either the defense attorney or prosecuting attorney, transfer cases to the nearest justice court or the nearest district court within said county, except those cases filed under municipal ordinances.
6. It shall be the duty of the clerks and other administrative personnel serving the district, juvenile and justice courts to ensure that all citations or information for violations of Utah Code Annotated title 41, which are not filed contrary to the foregoing subsection, shall be paid over to the municipality or county entitled to the same by the state, county or municipal treasurer who has received such fines, fees, costs or forfeitures from the court which collected them. Such accounting and remitting of any sums due hereunder shall be accomplished at the close of the fiscal year of the municipality or county which has received fines, fees, costs or forfeitures as a result of any improperly filed citations. (1989 Code § 13-10-1-09; amd. 2012 Code)
C. Citation Contents:
1. If a citation is issued pursuant to subsection A of this section, the peace officer or public official shall issue one copy to the person cited and shall within five (5) days file a duplicate copy with the court specified in the citation.
2. Each copy of the citation issued under authority of this chapter shall contain:
a. The name of the court before which the person is to appear;
b. The name of the person cited;
c. A brief description of the offense charged;
d. The date, time and place at which the offense is alleged to have occurred;
e. The date on which the citation was issued;
f. The name of the peace officer or public official who issued the citation, and the name of the arresting person if an arrest was made by a private party and the citation was issued in lieu of taking the arrested person before a magistrate as provided in Utah Code Annotated section 77-7-18, as amended, or in this code;
g. The time and date on or before and after which the person is to appear;
h. The address of the court in which the person is to appear;
i. A certification above the signature of the officer issuing the citation in substantially the language set forth in Utah Code Annotated section 77-7-20;
j. A notice containing substantially the following language:
READ CAREFULLY
This citation is not an information and will not be used as an information without your consent. If an information is filed you will be provided a copy by the court. You MUST appear in court on or before the time set in this citation. IF YOU FAIL TO APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
D. Proceeding On Citation; Voluntary Forfeiture Of Bail; Parent Signature Required; Information, When Required:
1. a. A copy of the citation issued under Utah Code Annotated section 77-7-18 that is filed with the magistrate may be used in lieu of an information to which the person cited may plead guilty or no contest and be sentenced or on which bail may be forfeited.
b. With the magistrate's approval, a person may voluntarily forfeit bail without appearance being required in any case of a class B misdemeanor or less.
c. Voluntary forfeiture of bail shall be entered as a conviction and treated the same as if the accused pleaded guilty.
d. If the person cited is under eighteen (18) years of age, and if any of the charges allege a violation of Utah Code Annotated title 41, the court shall promptly mail a copy of the citation or a notice of the citation to the address as shown on the citation to the attention of the parent or guardian of the defendant.
2. An information shall be filed and proceedings held in accordance with the rules of criminal procedure and all other applicable provisions of state statute if the person cited pleads not guilty to the offense charged.
3. a. The information is an original pleading.
b. If a person cited waives by written agreement the filing of the information, the prosecution may proceed on the citation. (1989 Code § 13-10-1-11; amd. 2012 Code)
E. Wilfully Failing To Appear; Misdemeanor: A person who wilfully fails to appear before a court pursuant to a citation issued under the provisions of subsection A of this section, is guilty of a class B misdemeanor, regardless of the disposition of the charge upon which he was originally cited, and subject to penalty as provided in section 1-4-1 of this code. (1989 Code § 13-10-1-12; amd. 2012 Code)