Chapter 9.04
GENERAL PROVISIONS

Sections:

9.04.010  Arrest – Warrant issuance.

9.04.020  Arrest – Procedure.

9.04.030  Prompt and speedy trial.

9.04.040  Municipal judge proceedings.

9.04.050  Failure to pay fine – Custodial proceedings.

9.04.060  Violation – Penalty.

9.04.010 Arrest – Warrant issuance.

Any person having knowledge of the commission of any misdemeanor, as in ZMC 9.08.010, 9.12.010, 9.12.020, 9.20.010, 9.20.020, 9.24.010 through 9.24.040 and 9.32.010 defined, may file information on oath before the municipal judge of the city at any time within one year from the commission thereof. Upon the filing of such complaint, the municipal judge shall issue a warrant direct to the police chief for the arrest of the person accused. All information shall be in writing, and shall contain the name of the person accused, or if the name be unknown, an adequate description thereof. A brief statement of the facts constituting the offense, as well as the time and place of the act, shall also be given. If the time and place cannot be determined then an approximation will suffice. (Ord. 402 § 12, 1975)

9.04.020 Arrest – Procedure.

Upon receipt of the warrant for arrest, the police chief or deputy shall at once proceed to arrest the person against whom the same is directed, if such person is found within the city limits within one month after the issuance of the warrant. If not found within the time specified, the officer shall make his return of the warrant stating that the accused cannot be found. At any time thereafter, upon demand of the police chief or the person filing the information, the municipal judge shall issue other warrants as shall be needed to apprehend the alleged violator. (Ord. 402 § 13, 1975)

9.04.030 Prompt and speedy trial.

Whenever any person shall have been arrested as provided in ZMC 9.08.010, 9.12.010, 9.12.020, 9.20.010, 9.20.020, 9.24.010 through 9.24.040 and 9.32.010, the officer arresting the person shall at once take the accused before the municipal judge of the city for a prompt and speedy trial. If the arrest is made in the nighttime, or on a holiday, the accused shall be safely kept in custody till the next day and then be brought before the municipal judge for trial. (Ord. 402 § 14, 1975)

9.04.040 Municipal judge proceedings.

All proceedings before the municipal judge for the violation of any of the provisions set out in ZMC 9.08.010, 9.12.010, 9.12.020, 9.20.010, 9.20.020, 9.24.010 through 9.24.040 and 9.32.010 shall be governed by the general laws of the state relating to justices of the peace. All judgments and orders of the court pursuant to these proceedings shall be carried into effect by the police chief. (Ord. 402 § 16, 1975)

9.04.050 Failure to pay fine – Custodial proceedings.

Any person upon whom a fine or penalty has been imposed for violating any ordinance of the city upon failing to pay the same may be placed in custody in the city jail under the supervision of the proper officer until, at the rate of $10.00 per day, including board, such person shall have paid the penalty or fine and costs of prosecution. (Ord. 402 § 15, 1975)

9.04.060 Violation – Penalty.

Any person failing to comply or violating any provision of this chapter or who is convicted of having committed a misdemeanor, unless otherwise provided, shall be punished by a fine of not more than $100.00 or by imprisonment in the city jail for not more than 30 days or both such fine and imprisonment. (Ord. 402 § 18, 1975)