§ 54-28. Summons by officer instead of arrest and booking.

(1)

An officer shall issue a written summons and may not make a custodial arrest when citing a person solely for a violation of this chapter, except when one of the following circumstances exists:

a.

The person does not possess identification issued by any municipal, state, territorial, federal, or other governmental authority within the United States; or

b.

The person makes a statement that indicates an intent to disregard the summons or refuses to sign the summons; or

c.

The person acts in a violent or destructive manner or makes a statement indicating that he or she intends to inflict injury to self or another or damage to property; or

d.

The person is a habitual offender, defined as any individual with a criminal history of two or more felony convictions or five or more felony or municipal arrests for any offense; or

e.

Based on the circumstances, an officer determines that it is absolutely necessary to make an arrest.

(2)

When an officer determines that one of the factors enumerated in subsection (1) applies, the officer may use his or her discretion to issue a summons instead of making a custodial arrest for a violation of this chapter.

(3)

Subsection (1) does not apply when an officer cites a person for a violation of article VIII of chapter 54 of the Code of the City of New Orleans.

(4)

When an officer effectuates a custodial arrest solely for a violation of the Code of the City of New Orleans, the officer shall appropriately fill out all information on the reverse side of the affidavit at the time of arrest in a form to be promulgated by the New Orleans Police Department that describes with specificity the circumstances falling within subsection (1).

(5)

The New Orleans Police Department shall continue to prepare quarterly reports stating the number of custodial arrests made solely for violations of the Code of the City of New Orleans, the reasons for those arrests, and the number of summonses issued for violations of the Code of the City of New Orleans.

(6)

A defendant has seven days from the time of the issuance of a summons under this section to appear in court to show cause for the failure to appear as defined in section 54-1 of this Code. Failure to appear within seven days will create the rebuttable presumption that the defendant is guilty of this article. Whoever commits the crime of failure to appear shall be fined not more than $500.00, or imprisoned for not more than six months, or both.

(M.C.S., Ord. No. 23052, § 1, 4-3-08; M.C.S., Ord. No. 23128, § 2, 6-19-08)