§486-31  Enforcement; citation and notice to
appear; penalty; right of entry and inspection; stopping vehicles.  Any
authorized inspector or other authorized measurement standards personnel may,
upon arresting any person for violation of this chapter, including rules
adopted thereunder, take the name, address, and any other pertinent information
of the person and issue the person a citation and notice to appear, printed in
the form hereinafter described, and answer to the charge against the person at
a certain place and at a time as prescribed by the district courts.



There shall be a form of citation and notice to
appear for use in citing violators of this chapter and the rules adopted
thereunder by the board, which does not mandate the taking into custody of such
violators.  The form and contents of the citation and notice to appear shall be
as adopted or prescribed by the district courts.



In every case when a citation and notice to
appear is issued, it shall be consistent with the provisions established by the
district courts.  Every citation and notice to appear shall be consecutively
numbered and each carbon copy shall bear the number of its respective original.



Any person who fails to appear at the place and
within the time specified in the citation and notice to appear shall be guilty
of a violation as provided in the penal code.



Any authorized inspector may cite and, incident
to such citation, seize, without formal warrant, incorrect or unsealed
measures, measurement standards, or amounts or packages of commodity found to
be used, retained, offered, or exposed for sale or sold in violation of law.



Any authorized inspector may stop any vehicle
subject to this chapter where probable cause exists and require the driver to
move the vehicle to a designated place for inspection.



Any authorized inspector may enter and go into
or upon at any reasonable time, without formal warrant, after having made a
reasonable attempt to identify the inspector in accordance with the law, any
structure, premises, or any other place where commercial transactions or
articles subject to this chapter are being conducted or are located, provided
that, when competent authority objects to the entry, a warrant shall be
obtained prior to entry.



When a complaint is made to any prosecuting
officer of the violation of any of the parts of this chapter and the arrest or
prosecution of the violator is sought, the arresting officer or employee who
issued the citation and notice to appear shall subscribe to it under oath
administered by an official, whose name has been submitted to the prosecuting
officer and who has been designated by the administrator to administer oaths
and, upon probable cause, the court may issue a warrant for the violator. [L
1988, c 156, pt of §3; am L 1991, c 153, §17]