§ 1.08.015. Discretion of arresting officer.

(a)

Misdemeanors. In any case in which a person is arrested for an offense declared by this code to be a misdemeanor, the arresting officer, in determining whether to cite and release the arrestee, or to take that person before an officer authorized to receive bail, may take the arrestee into custody and not issue a citation if:

(1)

The identity of the arrestee is not ascertainable;

(2)

The arrestee requires medical examination or care that would not be provided if he were cited and released;

(3)

There is reasonable cause to believe the violation would continue;

(4)

There is a threat of danger to the public or law enforcement personnel; or

(5)

The arrestee refuses to cooperate in the issuance of the citation to him, including a refusal to present identification or a refusal to sign the written notice to appear.

(b)

Infractions. In any case in which a person is arrested for an offense which is declared by this code to be an infraction, the arresting officer shall only require the arrestee to present his driver's license or other satisfactory evidence of his identity for examination and to sign a written promise to appear. Only if the arrestee refuses to present such identification or refuses to sign such a written promise may the arrestee be taken into custody.

(Ord. 2046 § 2, 1980)