Chapter 10.28


10.28.010    Disposition of fines and forfeitures.

10.28.020    Traffic citations.

10.28.010 Disposition of fines and forfeitures.

All fines and forfeitures collected for violations of provisions of this Title and of provisions of other ordinances heretofore enacted and not repealed by the Board of County Commissioners regulating the operation of vehicles and the conduct of pedestrians shall be deposited in the County Current Expense Fund, and shall be available for general county purposes.

10.28.020 Traffic citations.

The sheriff shall issue traffic citation forms in quadruplicate in books to officers of his department, and shall make a record of and require and retain a receipt for every book so issued. Upon issuing a traffic citation to an alleged violator an officer shall deposit the original or a copy of such traffic citation with a court having competent jurisdiction over the alleged offense or with its traffic violations bureau. The original or copy so deposited may be disposed of only by trial in the court or other official action by a judge of the court; including forfeiture of the bail or by the deposit of sufficient bail with or payment of a fine to the traffic violations bureau by the person to whom such traffic citation has been issued by the officer. It is unlawful and official misconduct for any public employee to dispose of a traffic citation or copies thereof or the record of the issuance of the same in a manner other than as required herein. The sheriff shall require the return to him of a copy of every traffic citation issued by an officer to an alleged violator and of all copies of every traffic citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator. Every traffic citation form shall include spaces for the name and address of the alleged violator, the license number of the vehicle involved, the driver’s license number of the alleged violator, if any, the offense charged, the time and place where the alleged violator shall appear in court, and a place where the alleged violator may sign. Such spaces shall be filled with the appropriate information by the officer. A person arrested by an officer for violating any provision of this Title or other County resolution or ordinance regulating operation of vehicles may be issued such a citation by the arresting officer. The arrested person, in order to secure release, and when so permitted by the arresting officer, must give his written promise to appear in court as required by the citation and notice by signing in the appropriate place the written citation and notice served by the arresting officer. Upon the arrested person’s failing or refusing to sign such written promise, he may be taken into custody of such arresting officer and so remain or be placed in confinement. Provided, however, an officer shall not serve or issue any traffic citation or notice for any violation except when it is committed in his presence. Any person wilfully violating his written and signed promise to appear in court, as provided in this Chapter, shall be guilty of a separate violation of this Title regardless of the disposition of the charge upon which he was originally arrested; Provided, however, a written promise to appear in court may be complied with by an appearance by counsel authorized to practice law in this state. The provisions of this Title with regard to the apprehension and arrest of persons violating traffic regulations shall not be exclusive of any other method prescribed by law for the arrest and prosecution of a person for other like offenses.