CHAPTER 13-21
ARREST PROCEDURE SECTIONS:
13-2101. Halting Person for Violating Traffic Regulations: Duty of Officer Halting.
13-2102. Hearing - Time - Promise of Defendant to Appear - Failure to Appear Penalty.
13-2103. Offenses Under Which Person Halted May Not be Entitled to Release Upon Promise to Appear.
13-2104. Arrest of Non-resident Traffic Violator.
13-2105. Fines and Forfeitures, Disposition of.
13-2106. Tagging Motor Vehicles.
13-2107. Reports Kept by Municipal Judge.
13-2108. When Copy of Citation Shall be Deemed a Lawful Complaint.
13-2109. Failure to Comply with Traffic Citation Attached to Parked Vehicle.
13-2110. Presumption in Reference to Illegal Parking.
13-2111. When Warrant to be Issued.
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13-2101. HALTING PERSON FOR VIOLATING TRAFFIC REGULATIONS: DUTY OF OFFICER HALTING. The provisions of N.D. Cent. Code § 39-07-07 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.
13-2102. HEARING - TIME - PROMISE OF DEFENDANT TO APPEAR - FAILURE TO APPEAR - PENALTY. The provisions of N.D. Cent. Code § 39-07-08 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.
13-2103. OFFENSES UNDER WHICH PERSON HALTED MAY NOT BE ENTITLED TO RELEASE UPON PROMISE TO APPEAR. The provisions of N.D. Cent. Code § 39-07-09 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.
13-2104. ARREST OF NON-RESIDENT TRAFFIC VIOLATOR. A police officer at the scene of a traffic accident may arrest without a warrant any driver of a vehicle who is a non-resident of this State and who is involved in the accident when based upon personal investigation, the officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of this title in connection with the accident, and if the officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in Court. Whenever any person is arrested under the provisions of this section, he shall be taken without unnecessary delay before the proper magistrate.
13-2105. FINES AND FORFEITURES, DISPOSITION OF. All fines or forfeitures collected upon conviction, or upon forfeiture of bail of any person charged with the violation of any provision of this title shall be disposed of as provided by law. The municipal judge shall file with the City Auditor a schedule in writing, subscribed by the municipal judge, indicating the amount of bail fixed by such municipal judge for the release of persons arrested or charged with any violation of this title and based on the offense charged, which schedule shall be applicable for the bail to be furnished in his absence from the municipal court, and any person who pays or delivers such bail to the arresting officer or the appropriate law enforcement agency, but during the absence of the municipal judge in municipal court, shall be immediately released from custody. Provided, that the payment of delivery of such bail shall be immediately released from custody. Provided, that the payment of delivery of such bail shall be a waiver of any defect or irregularity or any previous defect or irregularity in such proceedings, including the arrest of such person; and provided further, that the municipal judge may in all cases where he is present in municipal court fix bail in such amount whereupon such conditions as may be provided by law, and within his discretion and without regard to the bail schedule provided and applicable in his absence from municipal court.
13-2106. TAGGING MOTOR VEHICLES. Any peace officer who finds any motor vehicle located within the City in a place or in a condition which is at the time in violation of this title, may affix a tag to any prominent portion of such motor vehicle giving notice in writing requiring the owner or person in possession thereof to appear before the municipal judge at a time as provided in Section 13-2101 of this chapter. This shall constitute legal and sufficient notice requiring the owner or person in possession of said motor vehicle to appear before the municipal judge at the time or within the time specified on said tag. In the event the owner or person in possession of said motor vehicle shall fail to respond to said notice to appear before the municipal judge, at the time or within the time specified on such tag, and he may be arrested at any subsequent time and prosecuted for violation of this section.
13-2107. REPORTS KEPT BY MUNICIPAL JUDGE. The municipal judge shall keep and file a report of every case in which a person is charged with violation of any provision of this title.
13-2108. WHEN COPY OF CITATION SHALL BE DEEMED A LAWFUL COMPLAINT. In the event the form of citation includes information and is sworn to as required under the general laws of this State in respect to a complaint charging commission of the offense alleged in said citation to have been committed, then such citation when filed with a Court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution under this title.
13-2109. FAILURE TO COMPLY WITH TRAFFIC CITATION ATTACHED TO PARKED VEHICLE. If a violator on the restrictions of stopping, standing or parking under the traffic laws or ordinances does not appear in response to a traffic citation affixed to such motor vehicle within a period of five days, the peace officer shall send to the owner of the motor vehicle to which the traffic citation was fixed, a letter informing him of the violation and warning him in the event such letter is disregarded for a period of five days, a warrant of arrest will be issued.
13-2110. PRESUMPTION IN REFERENCE TO ILLEGAL PARKING. In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such parking, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle, was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.
13-2111. WHEN WARRANT TO BE ISSUED. In the event any person fails to comply with a traffic citation given to such person or attached to a vehicle or fails to make appearance pursuant to a summons directing an appearance in the municipal court, or if any person fails to or refuses to deposit bail as required and within the time permitted by this chapter, the municipal judge may issue, upon application, a warrant for his arrest.