SECTION:
12.20.010: Parties To Violations; Conditions (Rep. by Ord. 31-00 § 7, 2000)
12.20.020: Immediate Appearance Before Magistrate Required When
12.20.030: Misdemeanor Citation When Immediate Appearance Is Not Made
12.20.033: Mandatory Appearance Before Justice Court Judge
12.20.035: Civil Violation Citation When Immediate Appearance Is Not Made
12.20.040: Violating Promise To Appear; Misdemeanor (Rep. by Ord. 62-02 § 10, 2002)
12.20.050: Canceling Or Soliciting Cancellation Of Summons Or Traffic Citation
Whenever a person is arrested for any violation of this code, the arrested person shall be immediately taken before a magistrate within this city who is nearest or most accessible with reference to the place where said arrest is made, in any of the following cases:
A. When the person arrested demands an immediate appearance before a magistrate;
B. When the person is arrested upon a charge of driving under the influence of intoxicating liquor or narcotic drugs;
C. When the person is arrested upon a charge of failure to stop in the event of an accident causing death, personal injuries or damage to property. (Prior code title 46, art. 19 § 282)
A. Upon any class B misdemeanor violation of this title, whenever a person is not immediately taken before a magistrate as provided in the preceding section, the police officer shall prepare in triplicate or more copies, a misdemeanor citation, shall issue one copy of which to the person subject to arrest or prosecution, and shall, within five (5) days, file duplicate copies with the court specified in the citation.
B. Each copy of the citation issued under authority of this title shall contain:
1. The name of the court before which the person is to appear;
2. The name of the person cited;
3. A brief description of the offense charged;
4. The date, time and place at which the offense is alleged to have occurred;
5. The date on which the citation was issued;
6. 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;
7. The time and date on or before and after which the person is to appear;
8. The address of the court in which the person is to appear; and
9. 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 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.
C. Any person who wilfully fails to appear before a court pursuant to a citation issued under this section is guilty of a misdemeanor, regardless of the disposition of the charge upon which such person was originally cited. (Ord. 62-02 § 8, 2002: prior code § 46-19-282.1)
Violations of the following sections of this title shall require a mandatory appearance before a judge of the justice court for disposition, and shall not be disposed of by payment of bail in the absence of such appearance:
A. Section 12.36.040 of this title.
B. Section 12.48.070 of this title.
C. Section 12.48.080 of this title.
D. Section 12.48.100 of this title.
E. Subsection 12.52.355C of this title.
F. Subsection 12.76.045A1a of this title.
G. Subsection 12.76.045A1b of this title for a second and for each subsequent violation within one year of a previous conviction or forfeiture of penalty for a violation of said subsection. (Ord. 1-06 § 26, 2006)
A. Upon any civil violation of this title, the enforcement officer: 1) shall prepare in as many copies as may be needed, a civil violation citation, 2) shall issue one copy to the person subject to prosecution, and 3) shall, within five (5) days, file duplicate copies or an electronic copy with the administrative enforcement office as specified in the citation.
B. Each copy of the citation issued under authority of this title shall contain:
1. The name and address of the administrative enforcement office before which the person is to appear;
2. The name of the person cited;
3. A brief description of the violation charged;
4. The date, time and place at which the violation is alleged to have occurred;
5. The date on which the citation was issued;
6. The name of the enforcement officer who issued the citation;
7. The time and date on or before and after which the person is to appear;
8. A notice containing substantially the following language:
CITATION AND NOTICE TO APPEAR
You are required to pay or appear within 20 days from the date of this citation. Failure to follow the instructions on the back of the citation may result in increased costs, attorney fees and other penalties provided by law.
(Ord. 62-02 § 9, 2002)