§ 1-5.04. Code Enforcement Officers: Procedures after arrest: Notices to appear.

In any case in which a person is arrested for an offense declared to be a misdemeanor or an infraction, and such person does not demand to be taken before a magistrate, such person may, instead of being taken before a magistrate, be released according to the procedures set forth in this section. For the purposes of this section, a Code Enforcement Officer shall be deemed to be the "arresting officer".

(a)

If the arresting officer or his superior determines that the person should be released, such officer or superior shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court. If the person is not released prior to being booked, and the officer in charge of the booking or his superior determines that the person should be released, such officer or superior shall prepare such written notice to appear in court.

(b)

Unless waived by the person, the time specified in the notice to appear shall be at least five (5) days after his arrest.

(c)

The place specified in the notice shall be the court of the magistrate before whom the person would be taken, if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail.

(d)

The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his written promise to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.

(e)

The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein.

(§ 13-1, S.V.M.C., and §§ 1 and 2, Ord. 130)