HomeMy WebLinkAboutORD1246ORDINANCE NO. 1246
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION,ARIZONA,
AMENDING THE APACHE JUNCTION CITY CODE
CHAPTER 4,FEES BY ADDING MUNICIPAL COURT
FEES; REPEALING ANY CONFLICTING PROVISIONS;
AND PROVIDING FOR SEVERABILITY.
WHEREAS,A.R.S.§9-240(28)allows cities and towns to
enforce all ordinances and allows them to set the penalties for
violating such ordinances; and
WHEREAS,A.R.S.§22-404(E)allows the Mayor and City
Council to set municipal court fees for court programs and
services resulting from violations of law; and
WHEREAS,the City of Apache Junction administers programs
and services within the municipal court; and
WHEREAS,the cost of administering such programs and
services is a substantial burden on the court and should be paid
for at least in part,by those individuals who are being
processed through the system.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
That Apache Junction City Code Article 4-8,Fees,is amended to
read as follows:
ARTICLE 4-8 MUNICIPAL COURT FEE SCHEDULE
A.PAYMENT OF COSTS OF CONFINEMENT
Any person who is convicted of a misdemeanor criminal offense in
the municipal court and who, as a consequence,is incarcerated
in the Pinal or Maricopa County Jail or the City Jail, or other
City or County Jail system, may as part of any sentence imposed,
be required to reimburse the City of Apache Junction for its
expenses incurred for such confinement.Such cost shall take
into account the announced billing practices of the Pinal or
Maricopa County Sheriff or other applicable authority as they
are amended from time to time.
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B.ADMINISTRATIVE FEE FOR WARRANTS FOR FAILURE TO COMPLY
When the municipal court issues a warrant for failure to pay a
fine, restitution, or any monetary obligation, or for failure to
comply with a term or condition of sentence, an administrative
fee of $75.00 shall be imposed upon the person for whom the
warrant is issued.This fee shall be added to the amount set
forth in the warrant.
C.ADMINISTRATIVE FEE FOR DEFAULT JUDGMENTS ON CIVIL TRAFFIC
VIOLATION CASES
The municipal court shall assess the defendant a default fee of
$50.00 for each default judgment entered in a civil traffic
violation case upon a failure to appear or failure to pay a
civil sanction, unless such default judgment is set aside under
the Rules of Procedure for Traffic Violations.
D.ADMINISTRATIVE FEE FOR COURT APPOINTED COUNSEL
The municipal court shall assess the defendant an administrative
fee of $125.00 for the appointment of defense counsel payable as
a condition of probation.
E.MUNICIPAL COURT ENHANCEMENT FUND
1.There is hereby created a municipal court enhancement
fund,which shall be used exclusively to improve the
technological, operational, and security capabilities of
the municipal court.
2.The municipal court enhancement fund shall be assessed
in the amount of $15.00, which shall be applied by the
municipal court on all civil and criminal cases where a
fine, sanction, 'penalty or assessment is imposed by the
court.
3.The court enhancement fund shall be designated as a fund
account.The City Finance Director or his or her
designee,shall invest the monies in the fund in the
same manner as general City Funds.Interest earned on
fund monies shall be deposited in the fund.
4.The municipal court shall administer the fund and may
make expenditures from the fund for the purposes
approved in this section.
F.COLLECTION FEES AND CHARGES
For restitution,fines,sanctions,surcharges,assessments,
penalties,bonds,costs and fees that are forwarded to a
collection agency for collection,the municipal court shall
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assess the defendant a collection fee and charge in the amount
of any fees or charges assessed by the collection agency which
is licensed under state law or authorized to pursue collection
activities in the Supreme Court of Arizona.
G.COPYING, CERTIFICATION, FILING AND OTHER MISCELLANEOUS
COLLECTION FEES
The municipal court is authorized to collect all court -related
fees and costs imposed by or created by other ordinances, laws,
and statutes,such as,but not limited to,copying,
certification,clerk research,payment history report,notary
services, and check returns.. Charges shall be assessed pursuant
to the applicable amount at the time of the service.
H.COURT DEFERRED PROSECUTION/DIVERSION FEE
A Deferred Prosecution Fee/Diversion Fee in the amount of $35.00
shall be imposed on each criminal charge for each criminal case
which the Court defers or diverts prosecution thereon.
I.AUTHORITY TO WAIVE FEES AND COSTS
A magistrate may waive all or any part of any fee or cost
provided for or created by this article, giving consideration to
an individual's indigency or financial hardship,and the
interests of justice.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All ordinances and part of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion
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.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION THIS 4TH DAY OF OCTOBER, 2005.
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SIGNED AND ATTESTED TO THIS 4TH DAY OF OCTOBER, 2005.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
c c I26 OS
JOEL STERN
City Attorney
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DOUGLAS COLEMAN
Mayor
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