12-4209.   Warrants or notices to appear; when issued;limitations.(a) The city attorney shall cause a notice to appear to be issued, exceptthat, if requested by the city attorney, a warrant for the accused shall beissued if the municipal judge finds from the complaint, or from an affidavit oraffidavits filed with the complaint or from other evidence that there isprobable cause to believe both that a crime has been committed and that thedefendant has committed such crime.

      (b)   More than one warrant or notice to appear may be issued on thesame complaint.

      (c)   If a defendant fails to appear in response to a notice to appear, awarrant shall be issued.

      (d)   Affidavits or sworn testimony in support of the probable causerequirements of this section shall not be made available for examinationwithout a written order of the municipal judge, except that such affidavits ortestimony, when requested, shall be made available to the defendant or thedefendant's counsel for such disposition as either may desire.

      (e)   No warrant shall issue for an ordinance traffic infraction or anordinance cigarette or tobacco infraction unless the person charged hasreceived service of a notice to appear and has failed to appearfor the infraction.

      History:   L. 1973, ch. 61, § 12-4209;L. 1984, ch. 39, § 28;L. 1996, ch. 214, § 19;L. 2004, ch. 71, § 3; July 1.