A. Citation For Misdemeanor: A peace officer of this city, in lieu of taking a person into custody, or any public official of this city charged with the enforcement of the 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 justice court. (1985 Code § 13-15-1)
B. Court Appearance; Time; Failure To Appear:
1. Persons receiving misdemeanor citations shall appear before the justice court judge on or before the time and date specified in the citation.
2. No citation 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 and who fails to appear on or before the time and date and at the court specified shall be subject to arrest. The justice court judge may issue a warrant of arrest. (1985 Code § 13-15-2; amd. 2001 Code)
C. Contents Of Citation:
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 justice court.
2. Each copy of the citation issued under authority of this chapter shall contain:
a. The name, Riverdale City justice court;
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;
g. The time and date on or before and after which the person is to appear;
h. The address of the justice court; and
i. A notice containing substantially the following language:
Read Carefully
This citation is not a complaint and will not be used as a complaint without your consent. If a complaint 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, A COMPLAINT WILL BE FILED AND THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
(1985 Code § 13-15-3)
D. Citation In Lieu Of Complaint; Exceptions:
1. Whenever a citation is issued pursuant to the provisions of subsection A of this section, the copy of the citation filed with the justice court may be used in lieu of a complaint to which the person cited may plead guilty or on which bail may be posted and forfeited.
2. If the person cited wilfully fails to appear pursuant to a citation issued under subsection A of this section or pleads not guilty to the offense charged, or does not deposit bail on or before the date set for his appearance, a complaint shall be filed and proceedings held in accordance with the Utah rules of criminal procedure and all other applicable provisions, which complaint shall be deemed an original pleading; provided, however, that the person cited may by written agreement waive the filing of the complaint and thereafter the prosecution may proceed on the citation notwithstanding any provisions to the contrary. (1985 Code § 13-15-4)
E. Wilfully Failing To Appear; Misdemeanor: Any 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. (1985 Code § 13-15-5; amd. 2001 Code)
F. Fix-It Tickets:
1. Established: There is hereby established in the city a fix- it ticket program for the enforcement of city zoning, business license, building code and fire code violations. Said fix-it tickets may be issued by the following personnel: building official, animal control officer, police officers and selected fire department personnel. The city administrator shall designate which persons from the fire department may issue said citations. (Ord. 815, 9-25-2012)
2. Applicability: Fix-it tickets shall only be issued for zoning, business license, building code and fire code violations which are designated in this code as misdemeanors or infractions.
3. Time Period For Correction Of Violation; Extension: After a fix-it ticket is issued, the citizen will enjoy a fourteen (14) day period in which to correct the violation before any penalty attaches. An extension of this correction period may be authorized at the discretion of the city administrator. The fix-it ticket will be dismissed if the violation is corrected and one of the officials listed in subsection F1 of this section subscribes to that fact.
4. Failure To Correct: If the violation is not corrected within fourteen (14) days, it will then be prosecuted as any other misdemeanor or infraction. (1985 Code § 13-15-6)