(A) Issuance of citation.
(1) If a police officer observes facts which he or she believes constitute a violation of the traffic ordinances of the town committed by a resident thereof, then in lieu of arresting such person, he or she may take such person’s name, address and operator’s license number, the registered license number of the motor vehicle involved and any other pertinent and necessary information, and may issue such person in writing in the form prescribed by the Mayor, or by his or her duly-designated delegate, a traffic citation embracing the above information and also stating the traffic violation alleged to have occurred, and notifying such person to answer to the charge against him or her at a time not later than the date specified in the citation.
(2) The officer may release such person from custody upon receiving the written promise of the alleged violator, endorsed on the citation, to answer as specified. If the person to whom a citation is issued fails to answer as prescribed in the citation, then a complaint shall be filed and the case shall be prosecuted as otherwise provided in this chapter.
(B) Police officer options. If the alleged traffic violation is committed by a nonresident or resident of the town, then the police officer may:
(1) Release the person after obtaining sufficient information as set out in division (A) above pending his or her appearance on a day certain in court, as specified in the citation, after the person:
(a) Posts cash bail; or
(b) Deposits with the arresting officer a guaranteed arrest bond certificate.
(2) Take the person into custody and demand that bond for the offense charged be posted according to the provisions of this chapter; or
(3) Take the person into custody under arrest. The arrested person either shall be taken immediately before the 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 as fixed and giving his or her written promise to appear upon a day certain as provided in division (A) above, the person shall be released from custody.
(C) Parking violation.
(1) If the alleged offense be a violation of an ordinance restricting or regulating the parking of vehicles, including any regulations issued under such an ordinance, and the operator be not present, then the police officer shall place on the vehicle at a place reasonably likely to come to the notice of the operator a citation conforming substantially to that prescribed in divisions (A) or (B) above, with such variation 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 divisions (A) or (B) above.
(Prior Code, § 1-8-10)