12-4203. Complaint; service; notice to appear or warrant; failure to issue.
12-4203
12-4203. Complaint; service; notice to appear or
warrant; failure to issue.
(a) A copy of the complaint shall be served, together with a notice to
appear or a warrant, by a law enforcement 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.
(b) If a city attorney fails either to cause a notice to appear or to
request a warrant to be issued, on a complaint initially filed with the
municipal court, the municipal judge may, upon affidavits filed with him or
her alleging the violation of an ordinance, order the city attorney to
institute proceedings against any person. Any such municipal judge shall be
disqualified from sitting in any case wherein such order was entered and is
further prohibited from communicating about such case with the municipal
judge pro tem appointed by the municipal judge to preside therein.
History: L. 1973, ch. 61, § 12-4203;
L. 2004, ch. 71, § 2; July 1.