<?xml version='1.0' encoding='utf-8'?>
<section article="gnr" article_name="Natural Resources" number="8-2003" title_number="8" title_name="Waters" subtitle_number="20" subtitle_name="Penalty and Fines; Prosecution">
  <level label="a">
    <text>Whenever a person is halted by a regular or special police officer for an offense on publicly owned watershed property punishable as a misdemeanor and which is either a violation of law or a violation of watershed regulations, and is not taken before a District Court commissioner as would otherwise be required or is permitted by law, the officer may prepare a written or electronic citation containing:</text>
    <level label="1">
      <text>A notice to appear in court;</text>
    </level>
    <level label="2">
      <text>The name and address of the person charged;</text>
    </level>
    <level label="3">
      <text>The offense charged;</text>
    </level>
    <level label="4">
      <text>The time and place the person shall appear in court;</text>
    </level>
    <level label="5">
      <text>An acknowledgment of receipt of the citation by the person charged made in a manner determined by the Department; and</text>
    </level>
    <level label="6">
      <text>Other pertinent information as necessary.</text>
    </level>
  </level>
  <level label="b">
    <text>The time specified in the notice to appear shall be at least five days after the alleged violation unless the person charged with the violation demands an earlier hearing.</text>
  </level>
  <level label="c">
    <text>The place specified in the notice to appear shall be before a judge of the appropriate District Court.</text>
  </level>
  <level label="d">
    <text>The person charged with the violation may promise to appear in court by acknowledging receipt of at least one copy of the citation prepared by the officer in a manner determined by the Department, in which event the officer shall deliver a copy of the citation to the person. Then, the officer may not take the person into physical custody for the violation.</text>
  </level>
  <level label="e">
    <text>Failure to comply with the notice to appear is punishable as contempt or as otherwise provided by law in such cases.</text>
  </level>
</section>
