(a) In all cases not provided for in Section 404.10, in order to cause the arrest or prosecution of a person charged with a violation of this Traffic Code, any police officer of the Village or a private citizen having knowledge of the facts shall file with the Mayor an affidavit charging the offense committed. The Mayor may:
(1) Issue a warrant for the arrest of such person directed to a police officer of the Village; or
(2) Issue summons, to be served by a Village police officer, commanding the person against whom the affidavit was filed to appear forthwith, or at a fixed time in the future, before the Mayor's Court.
(b) If the affidavit is filed by a Village police officer who has, at his or her discretion, at the time of the commission of the alleged offense, notified the person to appear before the Mayor's Court at a specific time, no warrant or summons need be issued unless the defendant fails to appear at the scheduled time.
(c) Any person charged with a violation of this Traffic Code may give bail for his or her appearance, regardless of whether a warrant, summons or notice to appear has been issued.
(d) Any warrant, summons or notice to appear shall state the substance of the charge against the person arrested or directed to appear.
(e) If the person summoned to appear, as provided in division (b) of this section, fails to appear without just cause and personal service of the summons was had upon him or her, he or she may be found guilty of contempt of court and may be fined as provided in Sections 408.01 and 408.02. Upon failure of such person to appear, the Mayor may forthwith issue a warrant for his or her arrest.
(Ord. 1962-30. Passed 1-15-62.)
(f) When the warrant or summons issued pursuant to this section is not served within two years of the date of issue, the Mayor or a judge may order such warrant or summons withdrawn and the case closed, when it does not appear that the ends of justice require keeping the case open.