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HomeMy WebLinkAboutOrdinance 96.10 Adopting chapter 5 of the town code relating to municipal court MARANA ORDINANCE NO. 96.10 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, ADOPTING THAT CERTAIN DOCUMENT ENTITLED "MARANA TOWN CODE, CHAPTER 5 MUNICIPAL COURT", AS THE FIFfH CHAPTER OF THE OFFICIAL TOWN CODE, ADOPTING THE RULES AND REGULATIONS THEREIN AS CONTROLLING LAW OF THE TOWN OF MARANA, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH. WHEREAS, the Town of Marana wishes to establish and codify the laws of the town as a unified code to standardize and maintain accessible, readable, and understandable rules and procedures for the protection and security of its citizens; and WHEREAS, that document herein referred to as "MARANA TOWN CODE, CHAPTER 5 MUNICIPAL COURT" has been made a public record by the adoption of Resolution No. 96- 16 on February 20, 1996 by the Mayor and Council of Marana; and WHEREAS, it has been determined that the adoption of that public record herein referred to as "MARANA TOWN CODE, CHAPTER 5 MUNICIPAL COURT" is in the best interests of the citizens of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana Arizona, as follows: SECTION 1. That certain document entitled "MARANA TOWN CODE, CHAPTER 5 MUNICIPAL COURT", three copies of which are on file in the office of the town clerk of the Town of Marana, Arizona, said document having been made a public record by Resolution No. 96-16 of the Town of Marana, Arizona, is hereby referred to and made a part hereof as if fully set out in this ordinance and is hereby adopted as law, rules and procedures for the Town of Marana. SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance and portion of the Town Code. SECTION 3. All Marana ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Marana, Arizona Ordinance 96.10 Page 1 of 2 -, PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona this 20th day of February, 1996. Marana, Arizona Ordinance 96.10 Page 2 of 2 c&f ~1/ c-__... Mayor ED HONEA CHAPTER 5 MUNICIPAL COURT . . . . . . . . . . . . . . . . . . . .. 5-1 Article 5-1 MUNICIPAL COURT ESTABLISHED; JURISDICTION ..................... 5-1 Article 5-2 PRESIDING OFFICER .............................................. 5-1 Section 5-2-1 Town Magistrate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5-1 Section 5-2-2 Powers and Duties of Town Magistrate.... ....................... 5-1 Section 5-2-3 Hearing Officers ............................................. 5-2 Article 5-3 PROCEEDINGS OF COURT ......................................... 5-2 Section 5-3-1 Rules of Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5-2 Section 5-3-2 Complaint .................................................. 5-2 Article 5-4 JURY SYSTEM ............................... . . . . . . . . . . . . . . . . . . . .. 5-2 Section 5-4-1 Formation of Jury ............................................ 5-2 Section 5-4-2 Selection of Jurors ........................................... 5-2 Article 5-5 FEES............................................................ 5-2 Section 5-5-1 Fee Schedule for Court Costs .................................. 5-2 Marana Town Code vii rev. 2/96 CHAPTER 5 MUNICIPAL COURT Article 5-1 MUNICIPAL COURT ESTABLISHED; JURISDICTION There is hereby established in the town a municipal court which shall have jurisdiction of all violations of this code, other town ordinances, and jurisdiction concurrently with justices of the peace of precincts in which the town is located of violations of laws of the state committed within the limits of the town. Article 5-2 PRESIDING OFFICER Section 5-2-1 Town Magistrate There shall be appointed by the council a town magistrate and such assistants as are necessary for the performance of the office. The town magistrate shall be appointed to a two year term by the council at the first council meeting in July in each odd numbered year. During said term, the town magistrate and assistant magistrates may be removed only for cause. The provisions of this article shall not apply to special magistrates or acting magistrates appointed by the 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 A. The powers and duties of the magistrate shall include: 1. 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. 2. The keeping of a docket in which shall be entered each action and the proceedings of the court therein. 3. The responsibility for fixing and receiving all bonds and bails and receiving all fines, penalties, fees and other monies as provided by law. 4. Payment of all fees, fines, penalties and other monies collected by the court to the town treasurer, excepting JCEF funds which shall be maintained and distributed by the court. 5. Submitting a monthly report to the council summarizing court activities for that month. 6. Preparation of a schedule of traffic violations not involving the death of a person, listing specific bail for each violation. 7. Designation of a deputy other than a law enforcement officer and a specific location at which the deputy shall, during hours when court is not open, set the amount of bail in accordance with the foregoing schedule and collect such bail, or accept proper bail bonds in lieu thereof, for and on behalf of the court. 8. Preparation of a schedule of civil traffic violations listing a specific deposit for each violation. Marana Town Code 5-1 rev. 2/96 ,- 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 traffic violation cases when the appointment of such hearing officers is necessary to assure prompt disposition of civil traffic violation cases. Hearing officers may hear and dispose of 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. Article 5-3 PROCEEDINGS OF COURT Section 5-3-1 Rules of Court The proceedings of the court shall be conducted in accordance with the state constitution, the applicable state statutes and rules of the state supreme court pertaining to municipal courts. The proceedings shall also be conducted in accordance with the rules of criminal procedure for the superior court, unless otherwise prescribed, and providing this code and resolutions of the town are not in conflict therewith. Section 5-3-2 Complaint The municipal court proceedings shall be commenced by complaint under oath and in the name of the state setting forth the offense charged with and such particulars of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of and to answer the complaint. Article 5-4 JURY SYSTEM Section 5-4-1 Formation of Jury The formation, summoning, drawing, disposition of names and the impaneling of jurors in the municipal court shall be accomplished in the same manner as provided for in courts of record as more fully set forth in Title 21, Chapter 3, of the Arizona Revised Statutes. Section 5-4-2 Selection of Jurors For the selection of potential jurors, the list of registered voters shall be furnished by the clerk of the board of supervisors of Pima County. Article 5-5 FEES Section 5-5-1 Fee Schedule for Court Costs A. The following fees are established to recover costs associated with the fees charged to the town treasury for returned checks and additional costs incurred due to court non-appearance. 1. The fee for the taking of a default judgment shall be thirty-eight dollars ($38.00). 2. The fee for all returned checks shall be twenty dollars ($20.00) per item. Marana Town Code 5-2 rev. 2196 /' (" CHAPTER 5 MUNICIPAL COURT Article 5-1 MUNICIP AL COURT EST ABLJSHED; JURISDICTION There is hereby established in the town a municipal court which shall have jurisdiction of all violations of this code, other town ordinances, and jurisdiction concurrently with justices of the peace of precincts in which the town is located of violations of laws of the state committed within the limits of the town. Article 5-2 PRESIDING OFFICER Section 5-2-1 Town Magistrate There shall be appointed by the council a town magistrate and such assistants as are necessary for the performance of the office. The town magistrate shall be appointed to a two year term by the council at the first council meeting in July in each odd numbered year. During said term, the town magistrate and assistant magistrates may be removed only for cause. The provisions of this article shall not apply to special magistrates or acting magistrates appointed by the 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 A. The powers and duties of the magistrate shall include: 1. 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. 2. The keeping of a docket in which shall be entered each action and the proceedings of the court therein. 3. The responsibility for fixing and receiving all bonds and bails and receiving all fines, penalties, fees and other monies as provided by law. 4. Payment of all fees, fines, penalties and other monies collected by the court to the town treasurer, excepting JCEF funds which shaH be maintained and distributed by the court. 5. Submitting a monthly report to the council summarizing court activities for that month. 6. Preparation of a schedule of traffic violations not involving the death of a person, listing specific bail for each violation. 7. Designation of a deputy other than a law enforcement officer and a specific location at which the deputy shall, during hours when court is not open, set the amount of bail in accordance with the foregoing schedule and collect such bail, or accept proper bail bonds in lieu thereof, for and on behalf of the court. 8. Preparation of a schedule of civil traffic violations listing a specific deposit for each violation. Marana Town Code 5-1 fev.2196 (' 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 traffic violation cases when the appointment of such hearing officers is necessary to assure prompt disposition of civil traffic violation cases. Hearing officers may hear and dispose of 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. Article 5-3 PROCEEDINGS OF COURT Section 5-3-1 aules of Court The proceedings of the court shall be conducted in accordance with the state constitution, the applicable state statutes and rules of the state supreme court pertaining to municipal courts. The proceedings shall also be conducted in accordance with the rules of criminal procedure for the superior court, unless otherwise prescribed, and providing this code and resolutions of the town are not in conflict therewith. Section 5-3-2 Complaint The municipal court proceedings shall be commenced by complaint under oath and in the name of the state setting forth the offense charged with and such particulars of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of and to answer the complaint. Article 5-4 JURY SYSTEM Section 5-4-1 Formation of Jury The formation, summoning, drawing, disposition of names and the impaneling of jurors in the municipal court shall be accomplished in the same manner as provided for in courts of record as more fully set forth in Title 21, Chapter 3, of the Arizona Revised Statutes. Section 5-4-2 Selection of Jurors For the selection of potential jurors, the list of registered voters shall be furnished by the clerk of the board of supervisors of Pima County. Article 5-5 FEES Section 5-5-1 Fee Schedule for Court Costs A. The following fees are established to recover costs associated with the fees charged to the town treasury for returned checks and additional costs incurred due to court non-appearance. 1. The fee for the taking of a default judgment shall be thirty-eight dollars ($38.00). 2. The fee for all returned checks shall be twenty dollars ($20.00) per item. Marana Town Code 5-2 rev. 2/96