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repealed, effective as of the effective date of this ordinance.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
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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