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Home My WebLink AboutOrdinance 77-005 Establishing a magistrate court ORDINANCE NO. ~7-[ ORDINANCE FOR ~E ~T^~T~'~,~ OF MAGISTRATE COURT. i'~EREAS~ ~*~,. has been z~u~d ~e-~s~~.~_~_~ .. _~o~ the -~ _ ~' T?~ o~ ...... ~.~,~-1 be enactec; an~ Varsna that a Ma~%islr~te ~ .... ~ Ordinance ~ ' NOW~ ~q~=~P=~..~.~.~ ~.~, BE ~ ~. O~DATNED.~ _ nv~_ TYE CO~CIL OF TUE. TO~ OF MARANA fd!ows: I, ESTABLIS~NT In pursuant to the prox~sions of Arizona Re~sed Statutes, Sections 22-hO!-h071 there is established a magistrate court in and for the To~. II. APPOINTMENT AND TERM OF TO%~ MAGISTRATE There shall be appointed by the Council a Town Magistrate and such . of~l~. The To~ assistants as are necessary to the nerformance of the ~'~ Magistrate ~ll be appointed for a three year %e~. Subject %o removal by cause as follows: By majority decision of the Mayor and Council the To,,m Magistrate ~11 appear at the time and date specified by the Mayor ~d Council be- fore a independent co~mission consisting of one magistrate, one justice Cf ~ ~ ~h~ peace and one superior court judge. The decision and recommen-- dations of the independent commission ,~]! be considered the final ac- tion taken on 2he charge. III. POI~ AND DUTIES OF TO%~ MAGISTRATE The oowers, and duties of the To'~ Magistrate shall ~n.~' ~%'~-.~. ~o.~f ..... upon him unde~ pro- A. Powers an~ duties set forth an~ vis~ons of the State Constitution and S~atl~es and the Ordinance and _~.s~l~o~o,.o of the ~ ........ ng~ c~ur~ therein. PROC~,EDzNG,v OF COUP.. ........... ~ ..... shall be conducted in a~o~d ....... -~'~'~ ~:~= State ......... u n .... applicable St~.Le ~=~ '~ ~ p o.e n~:~ sh~! also be conducted in accordance v~th the Rules of ~,~ ~m~nal Procedure th~.~ Suoerior. Court, un~o~= other._se pr~-il.d,~-~ and pro'P~,iing ~o~.,. ordi- ~"'~:'~L .... ~:" !er :),~bh an~ t:~e' name of *~.= state ~o5~ 9orih the ,~n a-,! SUCh m=~ti,~'Jla~s o: time, place, ~-,:nn ~nd oroDerh- t~ ~nab!e th= defendant te u~der~ta~d ~' ~' ......... · s ....... y the ~ ~ *=~ ~ o_..no~ complained of and ~ answer +~= VALIDITY Should any section or pro,rlsion of this ordinance be lecide! hy the courts to be unconstitutional or invalid, such decision shell not affect tho validity of the ordinance as a whole, or any part thereof other than the '~art so decided tt he unconsiitutienal or invalid. PASSED AND ~PTED by t~i~ Count'_! and approve! by the Mayor o~ the ~}'~ of Marana ~Nis lgth dsy of July , I9~. ORDINANCE NO. AN ORDINANCE FOR THE ESTABLISHMENT 07 A MAGISTRATE COURT. ~,~EREAS, it has been found necessary for the welfaPe of the Town of Marana that a Magistrate Court Ordinance shall be enacted; and WHEREAS, by authority conferred by Title 22, Article 1 Section h0i- 407, Arizona Revised Statutes, and the statues amendatory thereto, the Town of Marana is authorized and empowered to enact such an ordinance: BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF MARANA NOW, THEREFORE, as follows: ESTABLIS[AMENT In pursuant to the provisions of Arizona Revised Statutes, Sections 22-401-4071 there is established a Magistrate Court in and for the Town. II. APPOINTMENT AND TERM OF TOWN MAGISTRATE shall be appointed by the Council a Town Magistrate and such as are necessary to the performance of the office. The Town directed. There assistants Magistrate will be appointed for a one year term or as Subject to removal for cause. IIi. POWERS AND DUTIES OF TOWN MAGISTRATE The powers and duties of the Town Magistrate shall include: A. Powers and duties set forth and conferred upon him under pro- visions of the State Constitution and Statutes and the Ordinance and Resolutions of the Town. B. The keeping of a docket in which shall be and proceedings of the Court therein. entered each action C. The responsibility for fixing and receiving all bonds and bails and receiving all fines, penalties, fees and other monies as orovided by law. D. Payment of all fees, fines, penalties, and !ected ON the court to the Treasure~. E. Submitting a monthly report to the Council activities for the month. F. Preparation of a schedule of traffic the death o£ a person, listing specific bail other monies col- court violations not imvo!v[ng for each violation. IV. PROCEEDINGS OF COURT A. The proceedings shall be conducted in accordance with the State--- Constitution, the applicable State Statutes and Rules of the State Sup- reme Court pertaining tc the Magistrate Court. The proceedings shall also be conducted in accordance with the Rules sf Criminal Procedure for the Superior Court) uEless otherwise prescribed, and providing the ordi- nances and resolutions of the Town are not in conflict therewith. B. The Magistrate court proceedings shall be commenced by plaint under oath and 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 unders5an~ distinctly the character of the offense complained of and tn answer the complaint. V. VALIDITY SHOULD any section or provision of this ordinance be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity cf the ordinance as a whole, or any part thereof other than the part so decided to be unconstitutional or invalid. PASSED AND ADOPTED by the Council and approved by the Mayor of the Town of Marana this 14th day of Jul~,1980. ATTEST: Town Cl~k /