South Dakota Codified Laws 34A-7-15. Arrest for violation of municipal litter ordinance–Notice to appear–Time–Refusalto give written promise to appear
Except as otherwise provided, if any person is arrested for a violation of any municipal ordinance adopted pursuant to this chapter, the arresting law enforcement officer or other municipal enforcement officer shall take the name and address of the person and issue a complaint or otherwise notify the person in writing to appear at a time and place to be specified in the complaint or notice. The time shall be at least five days after the arrest unless the person arrested demands an earlier hearing. If the person gives written promise to appear at the designated time and place, the officer shall release the person from custody. Any person refusing to give such written promise to appear may be prosecuted as in the manner of other violations of city ordinances.
Terms Used In South Dakota Codified Laws 34A-7-15
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
Source: SL 1976, ch 214, § 1; SDCL Supp, § 34-16C-16.2; SL 2011, ch 165, § 131.