ARTICLE I. IN GENERAL
Sec. 15-3. Arrest for violation of chapterGenerally.
(a) Whenever any person is detained
by or in the custody of an arresting officer, including an arrest upon a warrant, for a
violation of any provision of this chapter punishable as a misdemeanor, except for section
15-7, the arresting officer shall, except as otherwise provided in section 15-4, take the
name and address of such person and the license number of his motor vehicle and issue a
summons or otherwise notify such person in writing to appear, at a time and place to be
specified in such summons or notice. Such time shall be at least five (5) days after such
arrest, unless the person arrested shall demand an earlier hearing, and such person shall,
if he so desires, have a right to an immediate hearing, or a hearing within twenty-four
(24) hours, at a convenient hour, before a court having jurisdiction. Such officer shall
thereupon and upon the giving by such person of his written promise to appear at such time
and place forthwith release such person from custody.
(b) Any person who willfully
violates his written promise to appear, given in accordance with this section, shall be
guilty of a misdemeanor, regardless of the disposition of, and in addition to, the charge
upon which he was originally arrested, and the court may order a warrant for the arrest of
such person..
(c) Any officer violating any of
the provisions of this section shall be guilty of misconduct in office and subject to
removal therefrom upon complaint filed by any person in a court of competent jurisdiction.
This section shall not be construed to limit the removal of a law enforcement officer for
other misconduct in office.
(Ord. No. O97-2, 2/19/97) |