§ 23-15. Complaints; how used; issuance of warrant; refusal to issue; effect.

(a)

If the complaint is signed by a law enforcement officer or by any of the following officials of the unified government: chief counsel, assistant counsel, fire marshal, fire inspector, health inspector, building official, code enforcement officer, zoning enforcement officer, warrant officer, animal control officer, parking control officer, weights and measures inspector, right-of-way manager or right-of-way inspector, environmental compliance officer, sheriff or sheriff deputy, park ranger or license inspector, it may be served, together with a notice to appear, upon the accused person and then filed with the municipal court, or it may be filed with the municipal court and then served together with a notice to appear upon the accused person. If a complaint is signed by someone other than a law enforcement officer or by one of the officials specified in this subsection, it shall be filed initially with the municipal court, and if so filed, delivered to the chief counsel, who may cause a notice to appear to be issued. If the chief counsel has good reason to believe that the accused person will not appear in response to a notice to appear, the chief counsel or his designee may request that a warrant be issued. Such warrant will be issued if the compliant is positively sworn to and the municipal judge has probable cause to believe that:

(1)

There has been the commission of a violation of a municipal ordinance;

(2)

The accused person committed such violation; and

(3)

The accused person will not appear in response to a notice to appear.

(b)

If the chief counsel 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 the court alleging the violation of an ordinance, order the chief counsel to institute proceedings against any person. Any municipal judge entering such an order shall be disqualified from sitting in the case and is further prohibited from communicating about such case with the municipal judge appointed to preside therein.

(Code 1988, § 23-12; Ord. No. O-23-98, §§ 1, 2, 5-21-1998; Ord. No. O-14-01, § 1, 2-1-2001; Ord. No. O-57-13, § 1, 12-5-2013)