(A) If the defendant is not eligible for release upon personal recognizance, as provided for in §§ 32.22 or 32.23(A), or is eligible but refuses to sign a written promise to appear, the officer shall deliver the person to an appropriate Judge for arraignment, and the Judge shall proceed as otherwise provided for by law. If no Judge is available, the defendant shall be placed in the custody of the appropriate Municipal Jailor or Custodian, to be held until a Judge is available or bail is posted as provided for by ordinance, before or after arraignment.
(B) If a resident or non-resident is arrested for any overweight violation, a violation of a special permit exceeding authorized permit weight, or violation relating to the transportation of hazardous material, the arresting officer may release the defendant if the defendant deposits with the arresting officer appropriate bail or payment of the fine and costs in an amount and in the form as provided in this chapter, except currency.
(C) In the event the defendant is additionally arrested for any violation for which personal recognizance is authorized pursuant to § 32.22, the arresting officer, for such additional violation, may either release the defendant upon such recognizance, or require bail as provided for in this division (C).
(b) Place any other traffic offender into custody:
1. Who is injured, disabled, or otherwise incapacitated;
2. Whose custodial arrest may require impoundment of a vehicle containing livestock, perishable cargo, or items requiring special maintenance or care; or
3. Where, if extraordinary circumstances exist in the judgment of the arresting officer, custodial arrest should not be made.
(2) In such cases, the arresting officer may designate the date and time for arraignment on the citation and release the person. If the person fails to appear without good cause shown, the Court may issue a warrant for the person’s arrest.
(3) The provisions of this division (E) shall not be construed to:
(a) Create any duty on the part of the officer to release a person from custody;
(b) Create any duty on the part of the officer to make any inquiry or investigation relating to any condition which may justify release under this division (E); or
(c) Create any liability upon any officer, the state, or any political subdivision thereof, arising from the decision to release or not to release such person from custody pursuant to the provisions of this division (E).
(F) If the alleged offense is a violation of an ordinance restricting or regulating the parking of vehicles, including any regulations issued under such an ordinance, and the operator is 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 this section, with such variation as the circumstances require. The operator of the vehicle shall be under full obligation to respond to the citation.
(Prior Code, Ch. 12, Art. 2, § 18)