[§200-26]  Arrest or citation.  (a) Except when required by state law to take immediately before a district judge aperson arrested for a violation of any provision of this part, including anyrule adopted pursuant to this part, any person authorized to enforce this part,hereinafter referred to as an enforcement officer, upon arresting a person forviolation of any provision of this part, including any rule adopted pursuant tothis part, in the discretion of the enforcement officer, shall either:

(1)  Issue to the purported violator a summons orcitation, printed in the form described, warning the purported violator toappear and answer to the charge against the purported violator at a certainplace and at a time within seven days after such arrest; or

(2)  Take the purported violator without unnecessarydelay before a district judge.

(b)  The summons or citation shall be printedin a form comparable to the form of other summonses and citations used forarresting offenders and shall be designed to provide for inclusion of allnecessary information.  The form and content of such summons or citation shallbe adopted or prescribed by the district courts.

The original of the summons or citation shallbe given to the purported violator and the other copy or copies distributed inthe manner prescribed by the district courts; provided that the district courtsmay prescribe alternative methods of distribution for the original and anyother copies.

Summonses and citations shall be consecutivelynumbered and the carbon copy or copies of each shall bear the same number.

(c)  Any person who fails to appear at theplace and within the time specified in the summons or citation issued to theperson by the enforcement officer, upon the person's arrest for violation of anyprovision of this part, including any rule adopted pursuant to this part, shallbe guilty of a misdemeanor.

In the event any person fails to comply with asummons or citation issued to that person, or if any person fails or refuses todeposit bail as required, the enforcement officer shall cause a complaint to beentered against that person and secure the issuance of a warrant for theperson's arrest.

(d)  When a complaint is made to anyprosecuting officer of the violation of any provision of this part, includingany rule adopted thereunder, the enforcement officer who issued the summons orcitation shall subscribe to it under oath administered by another official ofthe department whose name has been submitted to the prosecuting officer and whohas been designated by the chairperson to administer the same. [L 1991, c 272,pt of §2]