A. Whenever a person is arrested or detained for a violation of any section of this article to which this section applies, the arresting or detaining officer shall prepare a written notice or summons for such person to appear in court. The written notice or summons shall contain the name and address of such arrested or detained person, the date, time, and place where such person shall appear, and a place for the signature of such person indicating the person's written promise to appear on the date and at the time and place indicated on the notice or summons. One copy of said notice or summons shall be given to the person arrested or detained, one copy shall be sent to the municipal court, and such other copies as may be required by the law enforcement agency employing the arresting or detaining officer shall be sent to the places designated by such law enforcement agency. The date specified in the notice or summons to appear shall be at least seven (7) days after such arrest or detention unless the person arrested or detained demands an earlier hearing. The place specified in the notice or summons to appear shall be the municipal court. The arrested or detained person, in order to secure release from arrest or detention, shall promise in writing to appear in the municipal court by signing the notice or summons prepared by the arresting or detaining officer. Any person who does not honor such written promise to appear commits a misdemeanor municipal offense, and upon conviction shall be punished as provided in section 1-4-1 of this code. (Ord. 40, Series 2013)

B. At the time that any person is arrested for the commission of a violation of section 6-3I-3, "Unlawful Possession Of Marijuana", section 6-3I-4, "Open And Public Consumption Or Use Of Marijuana", section 6-3I-6, "Unlawful Transfer Of Marijuana To Person Twenty One Years Of Age Or Older", or section 6-3I-7, "Open Containers Of Marijuana Prohibited", of this article the arresting officer may offer to give a penalty assessment notice to the defendant. The provisions of subsection 1-8-12K of this code shall apply to such penalty assessment notice. (Ord. 32, Series 2014)

C. The penalty assessment shall not apply when it appears that the offense is a fourth or any subsequent alleged violation of any of the sections described in subsection A of this section.

D. In no case may an officer issue a penalty assessment notice for a violation of any offense described in subsection B of this section to a minor under the age of eighteen (18) years. All charges against minors shall be processed in accordance with subsection A of this section.

E. If the defendant refuses to accept service of the penalty assessment notice when such notice is tendered, the peace officer shall proceed in accordance with subsection A of this section.

F. Should the defendant accept service of the penalty assessment notice but fail to post the prescribed penalty and surcharge thereon within twenty (20) days thereafter, the notice shall be construed to be a summons and complaint, and the case shall thereafter be heard in the municipal court. The maximum penalty that may be imposed shall not exceed the penalty set forth in the applicable penalty assessment notice and any applicable surcharge. (Ord. 40, Series 2013)