(A) Whenever an enforcement officer issues a citation for violation of any enforcement provision, the enforcement officer may, pursuant to I.C. 34-4-32-2, detain the person for a sufficient time to:
(1) Inform the person of the allegation;
(2) Obtain the person’s name, address and date of birth, or driver’s license if in his or her possession, for purposes of identification; and
(3) Allow the person to execute a notice to appear in court to answer the charges of the violation, except as provided in § 31.07.
(B) If the person being charged refuses to provide the information or driver’s license as required by division (A)(2) above, the enforcement officer shall inform the person that such refusal constitutes a violation of state law and commits a Class C misdemeanor pursuant to I.C. 34-4-32-3, and may subject the person to arrest and further penalties as may be provided for such offense.
(1) If the person continues to refuse to provide the information or driver’s license, the enforcement officer, if a duly constituted police officer, may immediately arrest the person on a charge of having committed a Class C misdemeanor; if the enforcement officer is not a duly constituted police officer authorized to exercise power of arrest, he or she shall continue to detain the person for such period of time as is reasonably necessary to summon such duly constituted police officer, who shall arrest the person on a charge of having committed a Class C misdemeanor.
(2) If the person being charged with a violation is a corporation, partnership, company or other organization other than a natural person, the enforcement officer shall serve the citation upon the resident agent for a service of process, a director, principal or principal officer of the corporation, company or other organization having the power and authority under the organizing documents, charter or rules of the corporation, company or other organization to accept process and execute a notice to appear on behalf of the organization. If the offense charged is one arising out of the condition or use of any real or personal property for which the person owning or holding such property is made liable, and such property is owned or held by more than one person in joint tenancy or partnership, it shall be sufficient to issue and serve the citation on any one of the joint tenants or partners.
(3) If the person being charged with a violation is a minor child and in the opinion of the enforcement officer, the child is of such young age or immature character so as not to fully understand the significance of the citation and notice to appear and his or her responsibilities and obligations thereunder, the enforcement officer, shall ascertain the name and address of a parent or legal guardian of the child and shall serve the citation upon and cause such parent or legal guardian to execute the notice to appear on behalf of the child.
(1984 Code, § 1-3-4)