HomeMy WebLinkAboutORD06ORDINANCE NO.
AN ORDINANCE CT THE CITY OF APACHE JUNCTION., ARIZONA
ADOPTING "THE CODE OF THE CITY OF APACHE JUNCTION ;ARIZONA-
MAGISTRATE" BY REFERENCE, PROVIDING _PENALTIES FOR THE VIOLATION,
.THEREOF, AND DECLARING AN EMERGENCY
BE IT' ORDAINED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF APACHE JUNCTION, ARIZONA:'.
Section 1:That certain.documents,,known.as "The Code
of Apache Junction,-Arizona - Magistrate",
threq-copieS of".which are on file in the
office of the City of Apache Junction, Arizona,
which document was made, a public record by
Resolution No.79.4 of the City of Apache
Junction, Arizona; is hereby referred to,.
adopted and made part thereof as if fully
set out in this ordinance.
Section 2:Any person found guilty of violating any
provisions of this _code shall be guilty of•
a misdemeanor, and upon conviction thereof
Shall be punished by a fine of not to exceed
-Three Hundred Dollars or by imprisonment for
period .not to exceed three months, or both,r Sdch" fine shall be a separate offense punish-
able as herein above described.
Section -All ordinances and parts of ordinances in
conflidt with the provisions of this ordinance
or any-part,of the code adopted herein by
,reference, are hereby repealed.
Section 4:.If any section, subsection, sentence, clause,
phrase or portidn of this ordinance or any .
part of the code adopted herein by reference,
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..
Section 5:Whereas, it is necessary for the preservation
of the peace, health and safety of the City
of Apache Junction, Arizona, an emergency
is declared to exist, and this ordinance
shall become effective immediately and in
full force and' 'after the posting hereof.
0
..Ordinance No.
Page Two
.PASSED AND ADOPTED by the Mayor and Common Council
of the City of Apache Junction, Arizona, this 7 1A day of
1979.
-APPROVED this /day -of , 1979,
by the Mayor and ComMon Council by an affirmative vote of
three -fourths -members of the Council of the City of Apache
Junction, _Arizona.
ATTEST:
Isabel Ballard, Clerk
CHAPTER 5 MAGISTRATE
Article 5-1 MAGISTRATE COURT ESTABLISHED;JURISDICTION
There is hereby established in the City of Apache Junction a city magis-
trate's court which shall have jurisdiction of all violations of this
code,and jurisdiction concurrently with justices of the peace of precincts
in which the City of Apache Junction is located of violation of laws of
the state committed within the limits of the City of Apache Junction.
Hereinafter the City of Apache Junction shall be referred to as city.
Article 5-2 PRESIDING OFFICER
5-2-1 City Magistrate
5-2-2 Assistant City Magistrate
5-2-3 Powers and Duties of City Magistrate
Section 5-2-1 City Magistrate
The presiding officer of the magistrate's court shall be the city magis-
trate,who shall be appointed by and shall serve at the pleasure of the
council.
Sec.5-2-2 Assistant City Madistrate
The office of assistant city magistrate is hereby created.The assistant
city magistrate shall be appointed by and shall serve at the pleasure of
the council for such term and for such salary as the council may determine.
He shall perform the duties of the city magistrate in the absence of the
city magistrate in such manner as the council may direct.
Sec.5-2-3 Powers and Duties of City Magistrate
The powers and duties of the magistrate shall include:
A.The powers and -duties setjorth and:conferred upon him under the pro-
visions of the state constitution and statutes,this code and the
ordinances and resolutions of the city.
B.The keeping of a docket in which shall be entered each action and the
proceedings of the court therein.
C.The responsibility for fixing and receiving all bonds and bails and
receiving all fines,penalties,fees and other monies as provided
by law.
D.Payment of all fees,fines,penalties and other monies
the court to the treasurer.
E.Submitting a monthly report to the council summarizing
for that month.
collected by
court activities
CHAPTER 5 MAGISTRATE
Continued Page 2
F.Preparation of a schedule of traffic violations not involving the
death of a person,listihg specific bail for each violation.
Article 5-3 PROCEEDINGS OF COURT
A.The proceedings shall be conducted in accordance with the state
constitution,the applicable state statutes and rules of the state
supreme court pertaining to police 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 city are not in conflict therewith.
B.The magistrate 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 ot understand distinctly the
character of the offense complained of and to answer the complaint.
C.I f the magistrate is satisfied that the offense complained of has
been committed by the person charged,he shall issue a summons or a
warrant of arrest.Before issuing a summons or warrant of arrest on
a complaint,the magistrate may subpoena and examine witnesses as to
the truth of the complaint.
Adopted by:
Resolution No.79-8
Ordinance No.6