§ 28-8. Notice to appear tickets.
(a)
Whenever a person is arrested for any violation of law punishable by a fine in the municipal courts of the city, the arresting officer may prepare a written notice to appear that shall require the person to appear in municipal court within ten days to answer the charges listed and shall contain the following information:
(1)
Name of the person arrested.
(2)
Address of the person arrested.
(3)
Driver's license or other identification.
(b)
The following information may be included for informational purposes, but shall not nullify any promise to appear:
(1)
Date of violation.
(2)
Place of violation.
(3)
Offense charged.
(4)
Name of arresting officer.
This subsection shall not preclude the filing of any additional charges nor the filing of another offense.
(c)
Notice to appear, incorrect name and address.
(1)
The above notice to appear described in this section shall only be a promise to appear and is not an admission of guilt.
(2)
It shall be unlawful for the arrested person to violate his written notice to appear in municipal court, regardless of the disposition of the charges upon which the person originally arrested.
(3)
It shall be unlawful for any person upon being issued a notice to appear to give the arresting officer other than the person's true name and correct address.
(d)
The procedure in subsection (c) of this section shall not be applicable:
(1)
When the person arrested demands an immediate appearance before a magistrate.
(2)
When the arrested person shall refuse to sign the notice to appear or furnish any of the information in subsection (a) of this section.
(3)
When the offense is a violation of the traffic laws or is covered by a specific provision of state law dictating the following of a procedure contrary to subsections (a) thru (c) of this section.
(e)
The procedures in subsections (a), (b) and (c) of this section shall not be mandatory upon the arresting officer. The arresting officer shall have authority to consider all the circumstances relevant to the arrest and any police departmental regulations or policies in choosing whether or not to issue a notice to appear.
(Ord. No. 2010-12, § 1(24-8), 6-21-2010)