§ 24-14. Appearance in municipal court; violation of promise to appear; penalty.

(a)

Whenever a person is found to be in violation of any penal regulations of the village, by any peace officer or code enforcement officer thereof, in lieu of arresting such person, such officer may prepare, in triplicate, a written notice directing such person to appear before the municipal court of the village, containing the name and address of such person, the offense charged, the time and place, when and where such person shall appear in court and such other matters as such officer may deem appropriate. The time specified in the notice to appear must be at least ten days after the date of issuance, thereof unless the person to whom the same is issued shall demand an earlier hearing. The place specified in the notice to appear must be the municipal court of the village at the regular place of the sitting thereof. In order to prevent his arrest for such violation prior to the expiration of the time specified in such notice, the person to whom such notice is issued must give a written promise to so appear in court by signing, in triplicate, the written notice prepared by such officer. The copy of such notice shall be delivered to such person, a copy shall be retained by such officer and the original of such notice shall be delivered by the officer to the judge of the court or his clerk at the time such officer files the complaint charging such person with such violation required by V.T.C.A., Code of Criminal Procedure art. 45.001. When such person has appeared as directed in such notice, all proceedings in the court shall be the same as if a warrant for such person's arrest had been issued and returned executed.

(b)

Any person willfully violating a written promise to appear in the municipal court of the village, given as provided in this subsection shall be guilty of a misdemeanor regardless of the disposition of the case wherein he is charged with the violation set forth in such notice.

(c)

A written promise to appear in the municipal court, under the provisions of subsection (b) of this section, may be complied with by an appearance by counsel.

(d)

The procedure prescribed herein shall not be exclusive of any other method prescribed by the laws of the state for the arrest and prosecution of any person for an offense within the exclusive original jurisdiction of the municipal court.

(Ord. No. 59, § 1, 9-10-1979; Ord. No. 195, § 1, 9-8-1986; Ord. No. 217, § 1, 11-9-1987; Ord. No. 242, § 1, 11-1-1988)