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Home My WebLink AboutOrdinance 2007.032 Amending title 5 of the town code relating to the courtF. ANN RODRIGUEZ, RECORDER DOCKET: 13206 RECORDED BY: RJL PAGE: 1973 DEPUTY RECORDER t 0 NO. OF PAGES: UENCE SE 3 20072450479 9544 PE5 SMARA : Q 12/20/2007 TOWN OF 1??A ORDIN 16:06 ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2007.32 RELATING TO THE MUNICIPAL COURT; AMENDING TITLE 5 OF THE MARANA TOWN CODE; PLACING THE COURT ADMINISTRATOR UNDER THE SUPERVISION AND AUTHORITY OF THE TOWN MAGISTRATE; AND DECLARING AN EMERGENCY. WHEREAS the Marana Municipal Court was established by Ordinance 77-5 and restructured in 2001 via Ordinance 2001.08; and WHEREAS further discussion and inquiry has resulted in a need for additional restructuring; and WHEREAS the Town Council desires to ensure that the Marana Municipal Court properly maintains its independence from the rest of Town government. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 5 of the Marana town code, Chapters 5-2 and 5-3 are hereby revised as follows (with deletions shown with st-likeouts and additions shown with double undgElining): Chapter 5-2 MAGISTRATE DEPARTMENT Section 5-2-1 Town magistrate There shall be appointed by the town council a town magistrate and those assistants as are necessary for the performance of the office. The town The town magistrate shall be appointed by the town council to a two year term beginning July 1 of each even numbered year and automatically expiring on June 30 of the next-following even numbered year. During said term, the town magistrate and assistant magistrates may only be removed for cause. The provisions of this chapter shall not apply to special magistrates or acting magistrates appointed by council, for the purposes of hearing a particular case, or as a substitute for the town magistrate in the town i?agistrate's absence. Section 5-2-2 Powers and duties of town magistrate The town magistrate shall be the pr-esoding officer of the municipal cQurt. In addition to the powers and duties of a presiding Office the powers and duties of the magistrate shall include: A. The powers and duties set forth and conferred upon him or her under the provisions of the state constitution and statutes, this code and the ordinances and resolutions of the town. (00006933.DOC / 3) CIH 11109107 -i B. The supervision of the assistant town magistrates, judges pro tempore, magistrate's assistants, court adminL51catQL-and other personnel of the FnagistFate department municipal court. , C. The responsibility for fixing bonds, bails and other monies as provided by law. D. Preparation of a schedule of traffic violations not involving the death of a person, listing specific bail for each violation. E. Designation of a deputy other than a law enforcement officer and a specific location where the deputy shall, during hours when court is not open, set and collect the amount of bail in accordance with the foregoing schedule, or accept proper bail bonds in lieu of bail, for and on behalf of the court. F. Preparation of a schedule of civil traffic violations listing a specific deposit for each violation. Section 5-2-3 Hearing officers The magistrate, with the approval of the council, may appoint one or more hearing officers to preside over civil code violation cases and civil traffic violation cases when the appointment of hearing officers is necessary to assure prompt disposition of the cases. Hearing officers may hear and dispose of civil violation cases and civil traffic violation cases under supervision of the presiding officer of the municipal court which are appealable to the superior court pursuant to title 22, chapter 2, Article 4, Arizona Revised Statutes. Chapter 5-3 COURT ADMINISTRATION DEPARTMENT Section 5-3-1 Court administrator There shall be appointed by the town rnanagef-Mgg1§k&=a court administrator. The court administrator shall sepve as the depaFtment head fOF the GGUFt administFatiGR depaFtmei#provide administrative supervision of the m court, under the direction of the town Section 5-3-2 Powers and duties of court administrator in addition to the powers and duties ef a depaFtment head,-4The powers and duties of the court administrator shall include: A. The supervision of the court clerk in keeping a docket where each action and the proceedings of the court in each action shall be entered. B. The responsibility for receiving all bonds and bails fixed by the town magistrate and receiving all fines, penalties, fees and other monies as provided by law. C. Payment of all fees, fines, penalties and other monies collected by the court to the town treasurer, including JCEF funds. D. Supervision of all personnel within the court administration department. E. Other reasonable duties as established by job description or as determined the oeunGR-Gr-town manaWMggig[ft. 7 Section 5-3-3 Personnel The court admenffistFatien depaFtFne hall Gentain@n2pja the following personnel, under the supervision of the court administrator: f00006933DOC / 3) -2- CIH 11109107 A. The clerk of the court, who shall be responsible for maintaining the court's docket and who shall receive all bonds, bails, fines, penalties, fees and other monies as provided by law that are paid to the court. B. The court bailiff and/or marshal, who shall be responsible for maintaining the order of the court. C. Any other personnel necessary to the functioning of the depaFt--Rftmnidpp1 owd. SECTION 2. Any references found within the town code to the term "Marana town court", "magistrate court" or "town magistrate courC shall be deleted and replaced with the term "municipal court." SECTION 3. Sections 5-7-4(B) and 5-7-11 are amended, inserting "class I" before the word "misdemeanor." SECTION 4. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. SECTIO14 5. IT IS FURTHER ORDAINED that the Town's Manager and staff are hereby directed and authorized to undertake all other tasks required or beneficial to carry out the terms, obligations, and objectives of this ordinance. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18 th day of _Qffiqn pber, 2007. ATTEST: 'OVA 91;yn C. 76nson, Town Clerk 1% 1 # 0 F slit p SFAL Ed (00006933.DOC / 3) -3- CIH 11109107 r TOWN OF MARANA ATTN: VIVIANA RUIZ 11555 W. CIVIC CENTER DR MARANA, AZ 85653 L OFFICIAL RECORDS OF 1 F ?75 PINAL COUNTY RECORDER LAURA DEAN-LYTLE DATE/TIME: 12/24/07 1549 FEE: $12.00 PAGES: 3 FEE NUMBER: 2007-139466 MARANA ORDINANCE NO. 2007.32 RELATING TO THE MUNICIPAL COURT; AMENDING TITLE 5 OF THE MARANA TOWN CODE; PLACING THE COURT ADMINISTRATOR UNDER THE SUPERVISION AND AUTHORITY OF THE TOWN MAGISTRATE; AND DECLARING AN EMERGENCY. WHEREAS the Marana Municipal Court was established by Ordinance 77-5 and restructured in 2001 via Ordinance 2001.08; and WHEREAS further discussion and inquiry has resulted in a need for additional restructuring; and WHEREAS the Town Council desires to ensure that the Marana Municipal Court properly maintains its independence from the rest of Town government. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 5 of the Marana town code, Chapters 5-2 and 5-3 are hereby revised as follows (with deletions shown with stfikeetits and additions shown with double underlining : Chapter 5-2 MAGISTRATE DEPARTMENT Section 5-2-1 Town magistrate There shall be appointed by the town council a town magistrate and those assistants as are necessary for the performance of the office. The town magistrate shall be appointed by the town council to a two year term beginning July 1 of each even numbered year and automatically expiring on June 30 of the next-following even numbered year. During said term, the town magistrate and assistant magistrates may only be removed for cause. The provisions of this chapter shall not apply to special magistrates or acting magistrates appointed by council, for the purposes of hearing a particular case, or as a substitute for the town magistrate in the town magistrate's absence. Section 5-2-2 Powers and duties of town magistrate The town magistrate shall be the presiding officer of the municipal court. In addition to the powers and duties of a presiding officer, the powers and duties of the magistrate shall include: A. The powers and duties set forth and conferred upon him or her under the provisions of the state constitution and statutes, this code and the ordinances and resolutions of the town. {00006933.DOC / 3) CIH 11109107 B. The supervision of the assistant town magistrates, judges pro tempore, magistrate's assistants, court administrator and other personnel of the municipal court. C. The responsibility for fixing bonds, bails and other monies as provided by law. D. Preparation of a schedule of traffic violations not involving the death of a person, listing specific bail for each violation. E. Designation of a deputy other than a law enforcement officer and a specific location where the deputy shall, during hours when court is not open, set and collect the amount of bail in accordance with the foregoing schedule, or accept proper bail bonds in lieu of bail, for and on behalf of the court. F. Preparation of a schedule of civil traffic violations listing a specific deposit for each violation. Section 5-2-3 Hearing officers The magistrate, with the approval of the council, may appoint one or more hearing officers to preside over civil code violation cases and civil traffic violation cases when the appointment of hearing officers is necessary to assure prompt disposition of the cases. Hearing officers may hear and dispose of civil violation cases and civil traffic violation cases under supervision of the presiding officer of the municipal court which are appealable to the superior court pursuant to title 22, chapter 2, Article 4, Arizona Revised Statutes. Chapter 5-3 COURT ADMINISTRATION DEPARTMENT Section 5-3-1 Court administrator There shall be appointed by the town magistrate a court administrator. The court administrator shall provide administrative supervision of the municipal court, under the direction of the town magistrate. Section 5-3-2 Powers and duties of court administrator The powers and duties of the court administrator shall include: A. The supervision of the court clerk in keeping a docket where each action and the proceedings of the court in each action shall be entered. B. The responsibility for receiving all bonds and bails fixed by the town magistrate and receiving all fines, penalties, fees and other monies as provided by law. C. Payment of all fees, fines, penalties and other monies collected by the court to the town treasurer, including JCEF funds. D. Supervision of all personnel within the court administration department. E. Other reasonable duties as established by job description or as determined by the town magistrate. Section 5-3-3 Personnel The municipal court shall employ the following personnel, under the supervision of the court administrator: (0000693 3. DOC / 3) -2- CIH 11109107 A. The clerk of the court, who shall be responsible for maintaining the court's docket and who shall receive all bonds, bails, fines, penalties, fees and other monies as provided by law that are paid to the court. B. The court bailiff and/or marshal, who shall be responsible for maintaining the order of the court. C. Any other personnel necessary to the functioning of the municipal court. SECTION 2. Any references found within the town code to the tenn "Marana town court", "magistrate court" or "town magistrate court" shall be deleted and replaced with the tenn 46 municipal court." SECTION 3. Sections 5-7-4(B) and 5-7-11 are amended, inserting "class I" before the word "misdemeanor." SECTION 4. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. SECTION 5. IT IS FURTHER ORDAINED that the Town's Manager and staff are hereby directed and authorized to undertake all other tasks required or beneficial to carry out the terms, obligations, and objectives of this ordinance. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 181h day of December, 2007. Mayor td Honea ATTEST: Jocelyn C. Bronson, Town Clerk {00006933.DOC / 3) -3- CIH 11109107