In any action for the violation of any provision of this code
or ordinance of the town in which an arrest has not been made, a warrant
by the municipal judge for the arrest of the defendant shall issue
in the first instance upon the affidavit of any person making a complaint
that he has reasonable grounds to believe the party charged has committed
an offense. Any person arrested upon such warrant shall, without unnecessary
delay, be taken before the municipal judge to be tried for the alleged
offense, or be allowed to post an appropriate bond.
(1981 Code, sec. 12-37)
A.
Notwithstanding
the provisions of any other law to the contrary, a peace officer may
arrest a person and take that person into custody without a warrant
when the officer is at the scene of a domestic disturbance and has
probable cause to believe that the person has committed an assault
or a battery upon a household member. As used in this section, “household
member” means a spouse, former spouse or family member, including
a relative, parent, present or former stepparent, present or former
in-law, child or co-parent of a child, or a person with whom a person
has had a continuing personal relationship. Cohabitation is not necessary
to be deemed a household member for purposes of this section.
B.
No peace
officer shall be held criminally or civilly liable for making an arrest
pursuant to this section, provided he acts in good faith and without
malice.
C.
Whether
or not an arrest is made pursuant to this section, a peace officer
may remain with the victim and assist the victim in getting to a shelter
or receiving proper medical attention.
(Ordinance 98-21 adopted 1998)
In all cases involving violations of any provision of this code
or ordinance of the town not amounting to a breach of the peace, the
first process shall be a citation or summons requiring the party charged
to appear before the municipal court at a time fixed in the citation
or summons. Upon the failure of the party charged to appear, a warrant
for his arrest shall forthwith issue by the municipal judge for the
offense specified in the citation or summons, commanding that the
party charged shall be arrested and proceedings had as in the case
when an arrest is made upon a warrant issued upon affidavit.
(1981 Code, sec. 12-38)
A citation issued pursuant to this chapter shall contain the
name and address of the cited person, the offense charged and the
time and place to appear. Unless the person requests an earlier date,
the time specified in the citation shall be at least three (3) days
after issuance of the citation. The law enforcement officer shall
explain the person’s rights to not sign a citation, the effect
of not signing the citation, the effect of signing the citation and
the effect of failing to appear at the time and place stated on the
citation.
(1981 Code, sec. 12-39)
The person’s signature on the citation issued under this
chapter constitutes a promise to appear at the time and place stated
in the citation. One copy of the citation to appear shall be delivered
to the person cited and the law enforcement officer shall keep a duplicate
copy which he shall file with the municipal court as soon as practicable.
(1981 Code, sec. 12-40)
It shall be a petty misdemeanor for a person signing a citation
issued under this chapter not to appear at the time and place stated
in the citation regardless of the disposition of the offense for which
the citation was issued. A written promise to appear may be complied
with by appearance of counsel.
(1981 Code, sec. 12-41)
Any person released pending trial or appeal in any criminal
action under this code or other ordinance of the town who willfully
fails to appear before any court or judicial officer as required is
guilty of a petty misdemeanor.
(1981 Code, sec. 12-42)
