A. If a police officer, or other person charged with the enforcement of the ordinances of the city, including the building inspector, observes facts which he believes constitute violation of an ordinance of this municipality, traffic or nontraffic, committed by a resident thereof, in lieu of arresting such person and requiring bail as provided in subsection B of this section, he may take his name and address and other pertinent and necessary information and may issue to him, in writing and in the form prescribed by the police department or other department of the city, a citation embracing the required information, and further stating the offense alleged to have occurred and notifying him to answer to the charge in the court at a time as specified in the citation. The officer, upon receiving the written promise of the alleged violator, endorsed by such person signing the citation, to answer as specified, shall release the person from custody. If the person to whom the citation is issued fails to answer as prescribed in the citation, a warrant shall be issued for his arrest and his appearance compelled.
B. Whenever a resident of this municipality is arrested for the violation of any ordinance and is not released by being allowed to sign a citation as hereinabove provided, he shall be admitted to bail or released on his own recognizance.
C. Whenever a nonresident of this municipality is arrested for a violation, other than traffic violation by a law enforcement officer, the defendant shall be admitted to bail either before or after arraignment.
D. If the alleged traffic violation is committed by a nonresident of this municipality, the police officer shall take him into custody under arrest. The arrested person either shall be taken before the judge for further proceedings according to law or may be released upon the compliance with any of the following bonding procedures:
1. Posting a cash bail in an amount and in accordance with the provisions of this chapter; or
2. Depositing with the arresting officer an approved guaranteed arrest bond certificate; or
3. Depositing with the arresting officer such person's valid license to operate a motor vehicle in exchange for a receipt therefor issued by the arresting officer. Such receipt shall be recognized as a temporary operator's license and shall authorize the holder thereof to operate a motor vehicle until the date of his hearing, but not to exceed twenty (20) days. The arresting officer shall without undue delay deliver the license into the custody of the court clerk.
Upon providing such required bail, the issuance of a citation, and upon giving his written promise to appear on the date certain, as provided in subsection A of this section, the arrested person shall be released from custody.
E. In the event the offense charged is one which the maximum penalty is more than thirty five dollars ($35.00) or for which the person arrested is entitled to a jury trial, such arrested person shall not be permitted bail by posting a valid driver's license but shall be required to post bail bond as provided in section 2.24.200 of this chapter. (Ord. 641 §1, 1986)