A.
In any case in which a person is arrested for an offense declared by this code to be a misdemeanor and does not demand to be taken before a magistrate, such person may, instead of being taken before a magistrate, be released according to the written notice to appear procedures set forth in the Penal Code of the state.
B.
In any case in which a person is arrested for an offense declared by this code to be an infraction, the person shall be released according to the written notice to appear procedures set forth in the Penal Code of the state for the release of persons arrested for an offense declared to be a misdemeanor, provided, however, if the arrestee refuses to present his driver's license or other satisfactory evidence of his identity for examination and to sign a written promise to appear the arrestee may be taken into custody.
(Ord. NS 1067 §1, 1982)