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HomeMy WebLinkAboutO-600..i ORDINANCE NO.' p BE IT ORDAINED BY THE CITY COUNCIL OF FAIRHOPE: SECTION 1: ESTABLISHMENT OF MUNICIPAL COURT That there be and there is hereby established effective December 27, 1977, a Municipal Court for the City of Fair - hope, Alabama, pursuant to the provisions of Act 1205, 1975 Regular Session of the Alabama Legislature. SECTION 2: JURISDICTION The Minicipal Court of the City of Fairhope, Alabama, shall have jurisdiction of all prosecutions for the breach of ordinances of the municipality within its corporate limits and police jurisdiction. This jurisdiction shall also extend to all prosecutions for violations of state misdemeanors committed within the corporate limits and police jurisdiction of the municipality where such offenses have been made offenses against the municipality. SECTION.3: TIME AND PLACE OF HOLDING COURT The Municipal Court of the City of Fairhope, Alabama, �I shall hold court at such time and pface as the.governing it body may determine with the advice of the municipal judge. SECTION 4: PROVISIONS FOR JUDGE I A. The Municipal Court shall consist of one municipal judge to be appointed by a vote of majority of the members I� elected or appointed to the municipal governing body. The judge shall be appointed for a term of two years. The i municipal judge shall be eligible for reappointment upon the it expiration of his term. He'shall hold office until his 11 successor is appointed and qualified. B. The municipal judge must be licensed to practice law in the State of Alabama and must be a qualified elector of the State of Alabama. No judge shall be otherwise employed in any capacity by the municipality during his term office. C. The office of the municipal judge shall be vacant if lie dies, resigns, or is removed and 'vacancies shall be filled by the municipal governing body in the same manner as original appointments are made. Any person so appointed shall be eligible to serve two years from the date of appointmeni D. The municipal judge shall, before assuming office, take and sign the oath provided by the Constitution and a copy thereof shall be filed in the office of the secretary of state, the administrative director of courts and the clerk of -the municipality. E. The municipal judge shall be subejct.to all grounds of disqualification from hearing specific cases applicable to circuit court judges. SECTION 5: COMPENSATION OF JUDGE The annual salary of the municipal judge of the City o I� Fairhope, Alabama, is hereby fixed at Dollars and shall be payable in twelve equal monthly installmen This salary shall not be diminished during the judge's term (, of office. Any general increase in the compensation of all or substantially all municipal employees shall be applied �� proportionately to the salary of the municipal judge. SECTION 6: POWERS OF THE COURT A. 7'he Municipal Judge shall have the power to admit to bail any person charged with the violation of any municipal ordinance by requiring an appearance bond, with good security, to be approvedby the municipal judge or his designee in an amount not to exceed five hundred dollars ($500.00) and may, in his discretion, admit to bail such persons on a personal recognizance bond conditioned on the appearance of :such persons before him on a day named therein to answer the charges preferred against them. B.. `The Municipal Judge shall have the authority to punish any person convicted of violating any municipal. ordinance with a fine of not more than five hundred dollars ($500.00) and/or a sentence of imprisonment or hard labor for a period not exceeding six (6) months; provided, however, that no fine or sentence of imprisonment shall exceed the maximum fine or sentence provided by the city ordinance violated nor shall the fine or sentence exceed the maximum fine and sentence provided for violation of a substantially similar offense under State law. The penalty imposed on a. corporationshall consist of the fine only,. plus costs of court. C. The Municipal Judge in his judgment may provide that if a fine and costs are not paid within the time prescribed, the defendant, unless indigent, shall work out the amount of the judgement under the direction of the municipal authority allowing not less that ten dollars ($10.00) for each day's service. D. Upon. each conviction in municipal court for a violation of any ordinance of the City of Fairhope, Alabama, there shall. be taxed against the defendant as court costs the sum of ten dollars ($10.00), and there shall also be taxed as costs the additional costs and fees imposed by the statutes of the State of Alabama, and the latter such costs and fees shall be remitted pursuant to the said statutes. All costs taxed for the city, as hereinabove provided, shall be paid into the city treasury. E.. Upon conviction, the court may, upon a showing of inability to make immediate payment of fines and costs, accept defendant's bond with or without surety and Naith waiver of exemptions as to personalty payable within ninety days, upon non-payment of which execution may issue as upon judgments in State courts'. F. The Municipal Judge shall have the authority to continue the case from time to permit the fine and costs to be paid, remit fines, costs, and fees, impose intermittent sentences, establish work release programs, require attendance of educational, corrective or rehabilitative programs, suspend driving privileges for such times and under_ such conditions as'provided by law and order hearings to determine the competency of the defendant to stand trial; provided further, that the judge may enter an order authorizing the defendant to drive under the conditions set forth in the order. G. All cases in municipal court shall be tried by a municipal judge without a jury. H. I.fhe Municipal Judge may suspend execution of sentence and place a defendant on probation for varying periods of time, not to exceed two (2) years, under the -2- J procedures and conditions set out in Section 8-104(f) of Act 1205, 1975 Regular Session. I. The Municipal Judge may administer oaths, compel the attendance of witnesses and compel the production of books and papers, punish by fine not exceeding fifty dollars ($50.00) and/or imprisonment not exceeding five days any person found and adjudged to be in contempt of court, and shall have power coextensive with the jurisdiction of the district court to issue writs and other process, and to approve and declare bonds forfeited. The Municipal. Judge shall designate any other municipal officers who shall be authorized to approve appearance and appeal bonds. J. The Municipal Court shall take judicial notice of the ordinances of the municipality. K. The Sheriff of the county and all law enforcement officers of the municipality shall obey the municipal judge having legal authority in faithfully executing the warrants and processes committed to them for service according to their mandates. SECTION 7: POWERS OF THE MAYOR The mayor may remit fines and such costs as payable to the municipality and commute sentences imposed by municipal judges of the court to which an appeal was taken for violations of municipal ordinances, and may grant pardons, after conviction, for violation of such ordinances, and he shall report his action to the council or other governing body at the first regular ineeting thereof in the succeeding month with his reasons therefor in writing. , SECTION 8: APPEALS A. All appeals from judgments of the municipal court shall be to the circuit court of the circuit in which the violation occurred for trial de novo. B. The municipality may appeal within sixty days without bond, from a judgment of the municipal court holding a municipal ordinance invalid. C.. A defendant may appeal in any case within fourteen days from the entry of judgment by filing notice of appeal and giving bond with or without surety approved by the court or the clerk in an amount not more than $500.00 and costs, as fixed by the court, conditioned upon defendant's appearance before the circuit court. The municipal court may waive appearance bond upon satisfactory showing that the defendant is indigent: or otherwise unable to provide a surety bond. If art appeal bond is waived, a defendant sentenced to imprison shall not be released from custody, but may obtain release at any time by filing a bond approved by the municipal court:. If the defendant is not released, the prosecutor shall_ notify the circuit clerk and the case shall be set for trial_ at the earliest practicable time. D. when an appeal has been taken, the municipality shall file the notice and other documents in the court to which the appeal is taken within fifteen days, failing which the municipality shall be deemed to have abandoned the prosecution, the defendant shall stand discharged and the bond shall be automatically terminated. E. Upon trial or plea of on appeal, the court may impose which the municipal court might guilty in the circuit court any penalty or sentence have imposed. -3- •l F. Upon failure of an appellant to appear in'circuit court when the case is called for trial, unless good cause for such dE!fault is shown, the court shall dismiss the appeal and enter judgment of default on the appeal bond, and may also issue a warrant for arrest of the appellant. A copy of thE! order shall be delivered by the circuit clerk to the clerk of the municipal court. The circuit court may on motion of defendant made within thirty days of the order of dismiss, sE!t aside the dismissal and other orders and reinstate the appeal on such term.s as the court may prescribe for good cause shown by the defendant. G. 'Upon recipt of notice of dismissal of an appeal, the municipal court may issue a warrant for arrest of the defendant, who may also be arrested without a warrant as an escape. Upon arrest the defendant shall be delivered to the municipal authorities and punished in accordance with the judgment of' the municipal court. H. I.f a judgment is entered against a defendant upon appeal, thE! circuit court shall remand the defendant to the municipal authorities for punishment in accordance with the judgment of the circuit court, unless, when the judgment is for fine and costs only, the judgment is paid or a judgment is conferred therefor in favor of the municipality with sureties or as otherwise provided for convictions under State law. I. Upon receipt of payment of fines and. costs upon appeals, the clerk of the circuit court shall within thrity days pay ninety percent of such fines and forfeitures, and ten percent. of the costs, to the treasurer of the municipality. The circuit. clerk shall be liable on his bond for such fines and costs plus a penalty of five percent per month for default in such payments. J. from the judgment of the circuit court, the municipali in a case molding invalid an ordinance, or the defendant in any case, may appeal to the court of criminal appeals in like manner as in cases of appeals for convictions of violation of the criminal laws of the state. If the appeal is taken by the municipality, it shall not be required to give surety for the costs of the appeal. When taken by the defendant, he may givEi bail with sufficient sureties, conditioned that he will appear and abide by the judgment of the appellate court, and failing to give bail he must be committed to the municipal jail; but he may give such bail at any time pending the appeal. When an appeal is taken by the defendant and bail is given pending the appeal, and the judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the undertaking of bail to surrender himself to the municipal Euthorities within fifteen days from the date of such affirmance or dismissal, and if he shall fail to do so, the clerk of the circuit court from which the appeal is taken, upon motion of the municipality, must endorse the bail bond forfeited, and a writ or writs of arrest must be issued by the clerk to the sheriff. Upon arrest the defendant shall be delivered to the municipal authorities and the sentence must without delay be carried out as if no appeal has been taken. If bail is forfeited as herein provided, a conditional judgment must be rendered by the court in favor of the municipality and the same proceedings had thereon for the municipality as is authorized by law to be had in the name of the state in state cases. SECTION 9: WARRANTS The Municipal Judge is authorized to issue arrest and search warrants upon affidavit for municipal ordinance -4- violations returnable to the municipal court and for violations of state law returnable to any state court. SECTION 10: MAGISTRATES Tine Municipal Judge shall take steps to have a magistrate appointed for the City of Fairhope, Alabama, pursuant to Rule 18 of the Alabama Rules of Judicial Administration. The powers of the magistrate shall be limited to: (1) issuance of arrest warrants; (2) granting of bail in minor misdemeanor prosecutions; .(3) receiving of pleas of guilty in minor misdemeanors where a schedule of fines has been prescribed by law or rule: (4) accountability to the municipal court for all uniform traffic tickets and complaints, monies received and records of offenses; and (5) such other authority as may be granted by law. SECTION 11: ACTING MUNICIPAL JUDGE In the absence from the city, death, disability, or disqualification of a municipal judge, for any reason, the mayor of the municipality shall have the authority to designate a person, licensed to practice law in the state of Alabama and a. qualified elctor of the state of Alabama, not otherwise employed in any capacity by the municipality, :to serve as acting municipal judge with all power and authority of a duly appointed municipal judge. No such acting judge may serve for more than thirty successivq days or a total of sixty days in any calendar.year; provided,.that when the duly appointed municipal .judge is disqualified pursuant to the Constitution, the time of service limitations for acting judges shall not apply during such disqualification. SECTION 12: The Municipal Judge shall be required to make a report to the council'on the operation of the municipal court every month. SECTION 14: SEVERABILITY CLAUSE Each and every provision of this ordinance is hereby declared to be an independent provision and the holding of any provision hereof to be void and invalid for any reason shall not affect any other provision hereof, and it is hereby declared that the other provision of this ordinance would have been enacted regardless of any provisions which might have been invalid. SECTION 15: REPEALER .All ordinances or parts of ordinances inconsistent herewith and in force at the time this ordinance takes effect are hereby repealed. SECTION 16: EFFECTIVE DATE This ordinance shall become effective on December 27,. 1977, following its passage, approval and publication as required by law. ADOPTED AND APPROVED THIS THE 1977. ATTEST: MAYOR DAY OF CITY CLERK r