Title 2 - Administration and Personnel

2.33.360 Same; How Used; Issuance of Warrant; Refusal to Issue; Effect.

A copy of the complaint shall be served, together with a notice to appear or a warrant, by a law enforcement officer or city officer upon the accused person, and forthwith, the complaint shall be filed with the municipal court, except that a complaint may be filed initially with the municipal court, and if so filed, a copy of the complaint shall forthwith be delivered to the city attorney. The city attorney shall cause a notice to appear to be issued, unless he or she has good reason to believe that the accused person will not appear in response to a notice to appear, in which case the city attorney may request that an arrest warrant be issued. Such arrest warrant will be issued if the complaint is positively sworn to and the municipal judge has probable cause to believe that (a) there has been the commission of a violation of a municipal ordinance, (b) the accused person committed such violation and (c) the accused person will not appear in response to a notice to appear.

"Filing" as used herein shall either be by manual delivery of a copy of the complaint and notice to appear or warrant to the clerk of the municipal court, or by electronic submission to the municipal court in a secure manner of a record containing the data required by Section 2.33.355.

(History: Ord. MCC-2768 §3, 2008)

Effective on: 1/1/1901