9.01.070 Time Limitations.
1. Except as otherwise provided in this Section, a prosecution for all other offenses must be commenced within five (5) years after it is committed.
2. The period within which a prosecution must be commenced shall not include any period in which:
A. The accused is absent from the state;
B. The accused is concealed within the state so that process cannot be served upon the accused;
C. The fact of the offense is concealed;
D. A prosecution is pending against the defendant for the same conduct, even if the notice to appear and/or complaint which commences the prosecution is quashed or the proceedings thereon are set aside, or are reversed on appeal.
3. An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing offense plainly appears, at the time when the course of conduct or the defendant’s complicity therein is terminated. Time begins to run on the day after the offense is committed.
4. A prosecution is commenced when a notice to appear and/or complaint is filed and a warrant thereon is delivered to the Police Department or an officer for execution, or a notice to appear is delivered to the Police Department for service upon the accused, or when the accused has been served with a notice to appear and the complaint is filed with the municipal court. (Ord. 14-26 § 1, 2014; Ord. 83-75 § 2, 1983.)