(A) If a police officer observes facts which he, she, or they believes constitute a violation of the traffic ordinances of the municipality, committed by a resident thereof, in lieu of arresting such a person, he, she, or they may take his, her, or their name, address, operator’s license number, and registered license number of the motor vehicle involved and any other pertinent and necessary information and may issue him, her, or them in writing in form prescribed by the Mayor or his, her, or their duly designated delegate, a traffic citation embracing the above information, and also stating the traffic violation alleged to have occurred, and notifying him, her, or them to answer to the charge against him, her, or them at a time, not later than the date specified in the citation. The officer, upon receiving the written promise of the alleged violator, endorsed on the citation to answer as specified, may then release the person from custody. If the person to whom a citation is issued fails to answer as prescribed in the citation, a complaint shall be filed and the case shall be prosecuted as otherwise provided in this chapter.
(B) If the alleged traffic violation is committed by a nonresident or resident of the municipality, the police officer may:
(1) Release the person after obtaining sufficient information as set out in division (A) above pending his, her, or their appearance on a day certain in Court, as specified in the citation after the person:
(a) Posts cash bail;
(b) Deposits with the arresting officer a guaranteed arrest bond certificate; or
(c) Deposits with the arresting officer a valid license to operate motor vehicle in exchange for a receipt therefor issued by the arresting officer as provided in § 35.38.
(2) Take the person in 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 of shall have bail fixed for his, her, or their release in accordance with the provisions of this chapter. Upon providing bail as fixed, and upon giving his, her, or their written promise to appear upon a day certain, as provided in division (A) above, the person shall be released from custody.
(C) 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, 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, the operator of the vehicle shall be under the same obligation to respond to the citation as if it had been issued to him, her, or them personally under divisions (A) or (B) above.
(Prior Code, § 6-120)