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HomeMy WebLinkAboutOrdinance 2007.021 Amending title 5 of the town code relating to court feesF. ANN RODRIGUEZ, RECORDER DOCKET: 13134 RECORDED BY: ILK PAGE: 2735 of Ptl DEPUTY RECORDER V NO. OF PAGES: 3 0112 PE2 SEQUENCE: 20071730605 S14ARA WoR 4?4 09/06/2007 TOWN OF MARANA ORDIN 15:38 ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2007.21 RELATING TO MUNICIPAL COURT; REVISING COURT FEES; AMENDING MARANA TOWN CODE SECTION 5-6-1 ENTITLED "FEE SCHEDULE FOR COURT COSTS"; AND DECLARING AN EMERGENCY. WHEREAS the Town Council finds that revision of fees payable in the Marana Munici- pal Court is in the best interests of the Town and its residents. 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 is hereby revised by amending sec- tion 5-6-1 entitled "Fee schedule for court costs" as follows (with deletions shown with strike- etAs and additions shown with double underlining): Chapter 5-6 FEES Section 5-6-1 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 $65. 2. The fee for all returned checks shall be $20 per item. B. The following municipal court fees are established, to be imposed in addition to fees otherwise assessable by statute. 1 - Any person who has been convicted of a misdemeanor criminal offense in the Marana town Court and sentenced to a term of incarceration in any de- tention facility authorized by law shall be required to pay a jail reimburse- ment fee in the amount actually paid by the town for that incarceration. 2. Upon a defendant's conviction at trial or conviction by plea agreement the Marana town Court shall impose a $264Q per citation prosecution fee against each defendant, unless a higher or lower amount is imposed by a written plea agreement based upon the actual cost of prosecution services and the indigent status of the defendant. 3. An administrative warrant fee in the amount of $20 shall be imposed to cover the Marana town court's costs for processing warrants when a Ma- rana town court magistrate issues a warrant for failure to comply with a court order, failure to pay a fine, failure to pay restitution or failure to ap- pear. fOO005698.DOC / 3) 8/17/2007 4:16 PM JF 4. The Marana town court shall impose a court improvement fee in the amount of $2035 per citation which shall be applied by the court on all fines, sanctions, penalties and assessments imposed by the court. 5. A jury cancellation fee shall be imposed on a party who requests a jury trial and then decides, within five days before the trial and after the court has arranged for a jury to be impaneled, not to proceed with the jury trial. The jury cancellation fee shall equal the actual costs incurred to cancel the jury (typically $100 to $400). 6. Each defendant allowed to complete community service in lieu of paying any fine, fee or surcharge shall be charged a fee of $5 to cover part of the cost of monitoring his or her progress on completing the community ser- vice. 7. A $40 fee for service of process on an order of harassment, subject to the limitations set forth in A.R.S. § 12-1809(D). 8. In addition to any other remedy allowed by law, the town attorney is author- ized to institute any appropriate action for recovery of any and all monies owed or due to the Marana town court including, but not limited to, restitu- tion, fees, sanctions, surcharges, assessments, penalties, bonds, costs, and fees. A defendant who defaults in his or her obligation for the payment of monies owed or due to the court is liable for all costs of collection includ- ing attorney fees and costs, and fees and charges assessed by a collec- tion agency licensed pursuant to title 32, chapter 9, Arizona Revised Stat- utes, that is engaged to collect and enforce that obligation. C. The magistrate shall retain the power to waive all or any part of fee assess- ments if any of the following conditions apply: 1 . The defendant is found by the Marana town court to be indigent; 2. The fee imposed upon a defendant causes a hardship on the defendant or the defendant's immediate family; or 3. In the opinion of the magistrate the waiver would be in the interest of jus- tice. D. There is hereby established a court improvement fund which shall be used exclusively to enhance the technological, operational and security capabilities of the Marana town court. The court improvement fund shall be established as a designated fund account with the town treasurer. The court shall collect the court improvement fees as defined in this section and deposit them in the court improvement fund account. Half of the court improvement fund shall be available for use as determined by the court for training, additional contract work, temporary court help, and other similar purposes, as documented in a manner requested by the town manager. The town treasurer shall invest the monies in the fund in the same manner as town funds. Interest earned on fund monies shall be deposited in the fund. ,7 SECTION 2. IT IS FURTHER ORDAINED that, since it is necessary for the preservation I. of the peace, health and safety of the Town of Marana that this ordinance become immediately f,:3 effective, an emergency is hereby declared to exist, and this ordinance shall be effective immedi- ately upon its passage and adoption. SECTION 3. Anything in Section 2 of this Ordinance notwithstanding, fees revised by this ordinance that are printed in the "Traffic Violations Information Envelope" provided to de- (00005698.DOC / 2) -2- 8/17/2007 4:16 PM JF fendants upon receipt of a citation are effective for citations accompanied by the reprinted "Traf- fic Violations Information Envelope" containing the revised fees. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4 1h day of September, 2007. OF 011111 :00 M r Ed Honea SFAL I ;=Z 9f , W* ATTEST: APPR,, D FORM: Vol 4. elyn ronson, Town Clerk Frank Cas Town Att y V 77 (00005698.DOC / 2) -3- 8/17/2007 4:16 PM JF L OFFICIAL RECORDS OF _J 18 75 PINAL COUNTY RECORDER WHEN RECORDVD; RETURN TO: LAURA DEAN-LYTLE TOWN OF MARANA ... ATTN: TOWN CLERK 11555 W CIVIC CENTER DRIVE DATE/TIME: 09/10/07 1234 MARANA, ARIZONA 85653 FEE: $12.00 PAGES: 3 FEE NUNMER: 2007-102242 MARANA ORDINANCE NO. 2007.21 RELATING TO MUNICIPAL COURT; REVISING COURT FEES; AMENDING MARANA TOWN CODE SECTION 5-6-1 ENTITLED "FEE SCHEDULE FOR COURT COSTS"; AND DECLARING AN EMERGENCY. WHEREAS the Town Council finds that revision of fees payable in the Marana Munici- pal Court is in the best interests of the Town and its residents. 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 is hereby revised by amending sec- tion 5-6-1 entitled "Fee schedule for court costs" as follows (with deletions shown with strike outs and additions shown with double underlininia): Chapter 5-6 FEES Section 5-6-1 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 $65. 2. The fee for all returned checks shall be $20 per item. B. The following municipal court fees are established, to be imposed in addition to fees otherwise assessable by statute. 1. Any person who has been convicted of a misdemeanor criminal offense in the Marana town Court and sentenced to a term of incarceration in any de- tention facility authorized by law shall be required to pay a jail reimburse- ment fee in the amount actually paid by the town for that incarceration. 2. Upon a defendant's conviction at trial or conviction by plea agreement the Marana town Court shall impose a $2540 per citation prosecution fee against each defendant, unless a higher or lower amount is imposed by a written plea agreement based upon the actual cost of prosecution services and the indigent status of the defendant. 3. An administrative warrant fee in the amount of $20 shall be imposed to cover the Marana town court's costs for processing warrants when a Ma- rana town court magistrate issues a warrant for failure to comply with a court order, failure to pay a fine, failure to pay restitution or failure to ap- pear. {00005698.DOC / 3} 8/17/2007 4:16 PM F 4. The Marana town court shall impose a court improvement fee in the amount of $2-035 per citation which shall be applied by the court on all fines, sanctions, penalties and assessments imposed by the court. 5. A jury cancellation fee shall be imposed on a party who requests a jury trial and then decides, within five days before the trial and after the court has arranged for a jury to be impaneled, not to proceed with the jury trial. The jury cancellation fee shall equal the actual costs incurred to cancel the jury (typically $100 to $400). 6. Each defendant allowed to complete community service in lieu of paying any fine, fee or surcharge shall be charged a fee of $5 to cover part of the cost of monitoring his or her progress on completing the community ser- vice. 7. A $40 fee for service of process on an order of harassment, subject to the limitations set forth in A.R.S. § 12-1809(D). 8. In addition to any other remedy allowed by law, the town attorney is author- ized to institute any appropriate action for recovery of any and all monies owed or due to the Marana town court including, but not limited to, restitu- tion, fees, sanctions, surcharges, assessments, penalties, bonds, costs, and fees. A defendant who defaults in his or her obligation for the payment of monies owed or due to the court is liable for all costs of collection includ- ing attorney fees and costs, and fees and charges assessed by a collec- tion agency licensed pursuant to title 32, chapter 9, Arizona Revised Stat- utes, that is engaged to collect and enforce that obligation. C. The magistrate shall retain the power to waive all or any part of fee assess- ments if any of the following conditions apply: 1. The defendant is found by the Marana town court to be indigent; 2. The fee imposed upon a defendant causes a hardship on the defendant or the defendant's immediate family; or 3. In the opinion of the magistrate the waiver would be in the interest of jus- tice. D. There is hereby established a court improvement fund which shall be used exclusively to enhance the technological, operational and security capabilities of the Marana town court. The court improvement fund shall be established as a designated fund account with the town treasurer. The court shall collect the court improvement fees as defined in this section and deposit them in the court improvement fund account. Half of the court improvement fund shall be available for use as determined by the court for training, additional contract work, temporary court help, and other similar purposes, as documented in a manner requested by the town manager. The town treasurer shall invest the monies in the fund in the same manner as town funds. Interest earned on fund monies shall be deposited in the fund. SECTION 2. 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 immedi- ately upon its passage and adoption. SECTION 3. Anything in Section 2 of this Ordinance notwithstanding, fees revised by this ordinance that are printed in the "Traffic Violations Information Envelope" provided to de- (00005698.DOC / 21 -2- 8/17/2007 4:16 PM JF fendants upon receipt of a citation are effective for citations accompanied by the reprinted "Traf- fic Violations Information Envelope" containing the revised fees. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4 1h day of September, 2007. ATTEST: X1. - Wr A,!20F M4, 4z ".1111ir 01 0", 0 ?r F0 RAh' ZI, Sq i Town Clerk 67VI" 14174"ell?? Ma?or 9d Honea fOO005698.DOC / 2) -3- 8/17/2007 4:16 PM JF