Las Vegas City Ordinances, July 18, 1911 to March 31, 1933, lvc000013-302

Section LXXXXV. RELEASE ON PROMISE: (a) In case of any person being arrested without warrant for violation of the provisions of any section of this Ordinance, unless such person shall demand that he be taken forthwith before the Municipal Judge, the arresting officer may take the name and address of such person, and the number of his motor vehicle and number of his license, if any, and notify him in writing to appear before the Municipal Judge of the City of Las Vegas, at a time and place to be specified in such writing within three days subsequent to the date of such notice, and upon the promise in writing of such person to appear at such time and place, such officer may, forthwith, release him from custody. Any person wilfully failing such promise shall be guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested. (b) Any policeman or peace officer within said City of Las Vegas, viewing a violation of the provisions of any section of this Ordinance, may, instead of making an immediate arrest of the offender, require by written notice as aforesaid the person so offending to appear before the Municipal Judge at the Municipal Court in said City, to answer such charge as may be placed against him, at a time to be designated in such notice - within three days subsequent to the time such officer views such violation, such notice to the offender may be given by attaching to the vehicle used in connection with the offense, in a conspicuous place thereon or therein, a ticket or tag in such form as may be prescribed by the Chief of Police of said City, the same to contain among other things the license number, if any, of the vehicle, or a brief description of the same, a brief characterization of the alleged offence, and a direction to the party so offending, if his name be known, and if his name be not known, then to be addressed to the owner, agent of owner, or person in charge of such vehicle, directing him to appear before such Municipal Judge at the Municipal Court Room at a time to be fixed in such ticket or tag, but not later than three days from the date of such ticket or tag. It shall thereupon be the duty of the person designated in such notice, ticket or tag to appear before said Municipal Judge in conformity with the requirements of such notice. Upon the failure of the person designated in such notice to so appear before such Municipal Judge immediate arrest shall be made of such offender as by law provided, and any such person wilfully failing to appear without arrest before said Municipal Judge shall be guilty of a middemeanor, regardless of the disposition of the charge upon which he was originally noticed to appear before said Municipal Judge. The police or peace officer giving such notice, ticket or tag shall keep a duplicate of the same. It shall be unlawful for any person other than the person to whom it is addressed to amove such ticket or tag from such vehicle, or for any person to destroy the same prior to the appearance of the party designated herein before such Municipal Judge in obedience to the requirement of such ticket or tag. Section LXXXXVI. EXCEPTIONS: Notwithstanding any other section of this ordinance the provisions of this ordinance shall not apply to emergency vehicles of the police department or fire department of the City of Las Vegas, nor to any other vehicle actually engaged in the performance of emergency duties necessary to be performed by said public departments. Officers of the city police department are hereby authorized to direct all traffic in accordance with the provisions of the traffic ordinances of the City of Las Vegas, except in times of emergency, at which times such officers may direct the traffic as public safety or public convenience may require. Section LXXXXVII. CONSTITUTIONALITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portion of this Ordinance. The Board of City Commissioners hereby declare that it would have passed his Ordinance and each section and subsection thereof irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. Section LXXXXVIII. BREACH OF ORDINANCE. Every breach of this Ordinance or any of its terms, conditions, provisions, requirements, restrictions, or limitations as the same are herein established, created, declared, to be shall be a separate breach thereof. Section LXXXXIX. REPEALS: That Ordinances Nos. 66, -68, -69, -86, -90, -94, -120, -124, -125,-137, -141, and 143 of the City of Las Vegas, and all ordinances and parts of ordinances of the City of Las Vegas, in conflict herewith are hereby expressly repealed. Provided, however, that any sections repealed shall not prevent the prosecution and punishment of any person, firm or corporation for any act done or committed in violation of any ordinance which may be repealed by this ordinance prior to the taking effect of this ordinance, and shall not prevent any prosecution or action pending in any Court for the violation of any ordinance repealed by this Ordinance. Section C. TAKING EFFECT: This ordinance shall take effect immediately after its passage and publication as hereinafter authorized. The City Clerk is hereby authorized and directed to have this Ordinance published in Las Vegas Evening Review Journal, a daily newspaper, published in the City of Las Vegas, for a period of one week (six issues). I hereby certify that the foregoing Ordinance was introduced and read for the first time at a recessed regular meeting of the Board of Commissioners of the City of Las Vegas, held on the l8th day of June, 1931, and was read for the second time and passed at a regular meeting of said Board of City Commissioners held on the 6th day of July, 1931, on the following vote: Commissioners Mundy, German, Hansell, and His Honor, the Mayor, voting aye. Noes, none.