§ 1-10. Summons and complaint.
(a)
Only law enforcement officers of the city may use the summons and complaint form, and it can be used only for violations of the ordinances listed. Other persons, including the animal control officer and the building inspector, wishing to charge a violation of any of the listed ordinances shall do so by standard complaint and warrant.
(b)
Notwithstanding any provisions of this section to the contrary, the uniform summons and complaint shall not be used in the following situations:
(1)
By non-law-enforcement officers;
(2)
When the charged offense involves the use, consumption or possession of alcohol and/or drugs;
(3)
Any offense involving violence, domestic violence or the threat of violence;
(4)
Any offense involving a moving vehicle (except violations of the noise ordinance);
(5)
If the violation includes personal injury or property damage;
(6)
If the events require restitution to the victims for crime.
(c)
Whenever any person is arrested for violating any of the listed ordinances, the arresting officer shall take the name and address of such person and any other identifying information and issue a summons and complaint in the form to the person charged. If the defendant signs the citation and the promise to appear section, the officer shall release the person from custody without the necessity of taking him to the station and having him otherwise processed. The person shall be released without the necessity of posting a bond or security.
(d)
If any person refuses to sign the promise to appear section of the citation, the officer shall place the defendant under custodial arrest and process the charge as otherwise required by law.
(e)
The defendant may elect to appear in court at the designated time and place as shown on the summons and complaint and enter a plea of not guilty. Should the defendant elect to plead guilty he may do so either by:
(1)
Appearing in person before a magistrate within seven days of the day of receiving the summons and complaint, or, in the magistrate's discretion, no later than 72 hours before the court date on the citation; or
(2)
Mail or hand deliver the signed "Plea of Guilty — Waiver of Rights" provision on the back of the defendant's copy of the summons and complaint to the court.
The payment of fine and costs must be made in full. The magistrate has no authority to accept partial payments. Remittance by mail or hand delivery with payment constitutes a guilty plea and waiver of trial even if the plea form has not been signed. If the amount sent is insufficient, the money received by the magistrate is to be considered a partial payment of the penalty and must be applied by the magistrate to the fine and costs. Partial payment is established by the insufficiency of the amount received in the mail. The magistrate shall then send notice of insufficiency by summons to the defendant to appear in court before the judge; or a warrant of arrest may be issued for the defendant; and, as executed, the defendant must be brought before the judge in court.
(f)
In the alternative, the defendant shall have the option of depositing the required bail, and upon a plea of not guilty, shall be entitled to a trial as authorized by law.
(g)
If the defendant fails to appear as specified in the summons and complaint, the judge or magistrate having jurisdiction of the offense may issue a warrant for the defendant's arrest providing that he be brought before the court to answer the charge contained on the summons and complaint. In addition, any person who willfully violates his written promise or bond to appear shall be guilty of a separate offense of failing to appear regardless of the disposition of the charge upon which originally arrested.
(h)
The court clerk or magistrate shall receive and issue receipts for cash bail from persons who wish to be heard in court; enter the time of their appearance on the court docket; and notify the arresting officer and witnesses, if any, to be present.
(i)
Upon a finding of guilt or a plea of guilt, defendants charged with violating any of the listed ordinances shall be fined in accordance with the schedule of fines. If the magistrate has reason to believe that the charge is the defendant's fourth or greater charge or higher charge he shall refuse to accept the guilty plea and will require the defendant to appear in court to answer the charged offense, in which event the judge shall have the authority to establish a fine of not more than $500.00 and 30 days in jail.
(j)
The schedule of fines shall be posted in the office of the court clerk.
SCHEDULE OF FINES
Violation of Littering Ordinance
1st Offense: $ 100.00 2nd Offense: 150.00 3rd Offense: 200.00 Violation of Animal Control Ordinance
(section 10-31 et seq.1st Offense: $ 100.00 2nd Offense: 150.00 3rd Offense: 200.00 Violation of Noise Ordinance
(section 54-32 et seq.)1st Offense: $ 100.00 2nd Offense: 150.00 3rd Offense: 200.00 Violation of Weed Ordinance
(section 54-81 et seq.)1st Offense: $ 100.00 2nd Offense: 150.00 3rd Offense: 200.00 (Ord. No. 2008-7, § 1, 7-7-2008)
(Ord. No. 99-1, §§ 2—11, 6-21-1999)