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ORD 1992-13ORDINANCE NO. 92-13 BY ORDINANCE NO. 98-03 02/17/98 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 92-13 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS CREATING AND ESTABLISHING A MUNICIPAL COURT; PROVIDING FOR A REGULAR MUNICIPAL JUDGE, ALTERNATE JUDGES, COURT CLERK, AND ALTERNATE CLERKS; PROVIDING FOR THE FILLING OF A VACANCY IN THE OFFICE OF MUNICIPAL COURT JUDGE AND CLERK; PROVIDING FOR THE SETTING OF COURT SESSIONS; REQUIRING THE APPEARANCE OF ANY PERSON SUMMONED OR ORDERED TO APPEAR IN THE MUNICIPAL COURT FOR VIOLATION OF A STATE STATUTE, TOWN ORDINANCE OR OTHER LAW OR REGULATION; AUTHORIZING THE MUNICIPAL COURT CLERK TO FILE A COMPLAINT CHARGING ANY PERSON WHO FAILS TO APPEAR AS SUMMONED WITH THE OFFENSE OF FAILURE TO APPEAR; ESTABLISHING A NONREFUNDABLE DEFENSIVE DRIVING FEE; ESTABLISHING AND IMPOSING A WARRANT FEE OF $25.00 FOR THE ISSUANCE AND SERVICE OF AN ARREST WARRANT WHEN A DEFENDANT IS NOT CONVICTED OF A CLASS C MISDEMEANOR AND A WARRANT FEE OF $35.00 FOR EXECUTING OR PROCESSING AN ISSUED ARREST WARRANT OR CAPIAS WHEN A DEFENDANT IS CONVICTED OF A CLASS C MISDEMEANOR; DESIGNATING THE FUNDS INTO WHICH SUCH FEES ARE TO BE PAID; REPEALING TOWN ORDINANCE NOS. 85-34, 86-16, 87-21, 87-27 AND 90-04 RELATING TO THE MUNICIPAL COURT FOR THE PURPOSE OF COMBINING THE SAID ORIDNANCES HEREIN WITHOUT SUBSTANTIVE CHANGE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EFFECTIVE DATE. WHEREAS, the Town Council has heretofore adopted Ordinance Nos. 85-34, 86-16, 87-21, 87-27 and 90-04 relating to the Municipal Court and its processes, and it is the intent of the Council, by the adoption of this Ordinance, to combine Ordinance Nos. 85-34, 86-16, 87-21, 87-27, 90-04 into this Ordinance without effecting a substantive change in the law; and WHEREAS, the Town Council hereby finds that the adoption of this Ordinance is in the best interests of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: -1- Section 1. Munici al Court. A. Creation. There is hereby created and established a court designated as the municipal court of the Town of Trophy Club, Texas (the "Town"), for the trial of misdemeanor offenses, including violations of municipal ordinances, with all such powers and duties as are now, or may hereafter, be prescribed by the laws of the State relative to municipal courts. B. Judge and Associate Judges. (1) The Town -Council shall appoint a person to act as judge of the municipal court. Said initial appointee shall hold his term of office corresponding to the unexpired term of the mayor, and every two (2) years thereafter a municipal judge shall be appointed for a term of two (2) years. (2) The Town Council may appoint by resolution one or more persons to sit for the regular judge of the municipal court or for the presiding judge or any of the associate judges of such court, while such judge or judges, any or all, are temporarily unable to act for any reason. Such appointee or appointees shall possess the same qualifications required of the regular municipal judge, and shall have all the powers and duties of such office and shall receive the compensation set by the Town Council for the regular municipal judge. C. Clerk and Alternate Clerks. A clerk and as many alternate clerks as the Town Council deems necessary for the municipal court shall be appointed by the Town Council. Said initial appointees shall hold their term of office corresponding to the unexpired term of the mayor, and every two (2) years thereafter a clerk and alternate clerks as determined by the Town Council, shall be appointed for a term of two (2) years. The clerk shall keep minutes of the proceedings of the municipal court, issue all process and generally perform the duties of the clerk of a court as prescribed by law for a ' county clerk insofar as the same may be applicable. D. Vacancy. A vacancy in the office of municipal court judge or clerk of the court shall be filled by the Town Council for the unexpired term only. E. Setting Time of Court Sessions. The municipal judge shall have power to set time for court sessions as the docket may require. Section 2. Failure to Appear. A. Appearance Required. That any person summoned or ordered to appear in the Town municipal court to face and answer a charge brought against that person by the Town for a violation of a State -2- statute, Town ordinance or other law or regulation shall appear in the municipal court at the date and time specified in the summons or order. For purposes of this Ordinance, the term "person" shall mean any corporation, partnership, joint venture, individual or any other entity recognized in law. B. Complaint. In the event a person summoned or ordered to appear in municipal court as outlined in Section 2.A. of this Ordinance fails to appear, the municipal court clerk shall be authorized and empowered to file a complaint in municipal court charging that person with failure to appear as summoned or ordered. Section 3. Defensive Driving Fees. ten dollars ($10.00) shall be charged as time a person requests to take a defensive purpose of having the charge dismissed completion of the course. The fee shall treasury to recover the costs incurred by the person's request for defensive driving A nonrefundable fee of a special expense each driving course for the after the successful be paid into the Town the Town in processing school. Section 4. Warrant Fees. That the following fees are hereby and shall be imposed and collected by the Town Municipal Court in the following instances: A. Defendant Convicted of Misdemeanor. (1) When a defendant has been convicted in the Municipal Court of the Town, the defendant shall pay the sum of $35.00 for the execution or processing of an issued arrest warrant or capias by a peace officer. The fee shall be assessed on conviction, regardless of whether the defendant was also arrested at the same time for another offense, and shall be assessed for each arrest made of a defendant arising out of the offense for which the defendant has been convicted. (2) When a peace officer employed by or acting under a contract with the Town executes or processes an issued arrest warrant or capias and the defendant for whom the warrant is issued is convicted in the Municipal Court, the Town shall retain the $35.00 fee. If a peace officer employed by the State shall execute or process such an issued arrest warrant, the Town shall retain $28.00 and shall forward, by the last day of the month following each calendar quarter, $7.00 to the State Comptroller of Public Accounts. The City shall retain all interest earned on such funds. B. Defendant Not Convicted of Misdemeanor. (1) Whenever a warrant of arrest is issued and served and the defendant made the subject of the warrant is not convicted in the Municipal Court of the violation for which the arrest warrant was issued, a fee not to exceed the sum of Twenty --Five Dollars ($25.00) -3- shall be imposed and collected by the Town in the following instances: A. When a person fails to appear in accordance with art. 38.11, Texas Penal Code (Vernon), as amended, and with article 6701d, 8149, Tex. Rev. Civ. Stat. Ann. (Vernon), as amended; and B. In all other instances where there has been a violation of a law or ordinance which imposes criminal penalties for violations thereof, provided that written notice of the issuance of an arrest warrant and imposition of the warrant fee.has first been given to the offender. (2) The Judge of the Municipal Court shall set the warrant fee authorized by this Section 4.B, in an amount not to exceed $25.00. (3) The funds collected pursuant to this Section 4.B. shall be paid into the Town treasury for the use and benefit of the Town. Section 5. Savings; Repealer. This Ordinance shall be cumulative of all other ordinances of the Town affecting the municipal court and its processes and shall not repeal any of the provisions of those ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance Nos. 85-34, 86-16, 87-21, 87-27 and 90-04 are hereby repealed in their entirety, but provided however that any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to the said repealed Ordinances shall continue to be governed by the provisions of those Ordinances and for that purpose Ordinance Nos. 85-34, 86-16, 87-21, 87-27 and 90-04 shall be deemed to remain and continue in full force and effect. Section 6. Severability. If any section, article, paragraph, sentence, clause, phrase, or word in this Ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 7. Penalty. It shall be unlawful for any person to violate Section 2 of this Ordinance, and any person violating or failing to comply with Section 2 shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. -4- Section 8. Effective Date. This Ordinance shall take effect from and after its date of passage and publication as provided by law. PASSED Club, Texas AND on APPROVED this the by the Town Council Iqt day of of ,) the Town of Trophy , 1992. 11 ATTEST: Town Secr ary, Town of Trophy Club, Texas [SEAL] r Town Altorriey, - Town oB Trophy Club, Texas / Mayas, Town of TroPy Club, Texas -5-