If any person is arrested for the violation of any provision of this Code, violations of which are punishable as misdemeanors, and the person is not immediately taken before a magistrate as provided by the Penal Code of the State, the peace officer shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time and place when and where the person shall appear in court. The time specified in the notice to appear shall be at least five (5) days after the arrest. The place specified in the notice to appear shall be either:
a.
Before a judge of a justice court or a municipal court judge within the County in which the offense charged is alleged to have been committed, which judge has jurisdiction of the offense and is nearest and most accessible with reference to the place where the arrest is made; or
b.
Upon demand of the person arrested, before a judge of a justice court or a municipal court judge having jurisdiction of the offense at the County seat, or before a judge at the judicial district in which the offense is alleged to have been committed; or
c.
Before an officer authorized by the County to receive a deposit of bail.
The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his written promise so to appear in court by signing the duplicate notice, which shall be retained by the officer. The officer shall then forthwith release the person arrested from custody. As soon as practicable, the officer shall file the duplicate notice with the magistrate specified therein.
(1204)