HomeMy WebLinkAboutORD1332ORDINANCE NO. 1332
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA, AMENDING VOLUME
I OF THE APACHE JUNCTION CITY CODE,CHAPTER 4,
FEES, ARTICLE 4-8,MUNICIPAL COURT FEE SCHEDULE,
BY AMENDING SUBSECTIONS 4-8(E),MUNICIPAL COURT
ENHANCEMENT FUND,AND 4-8(H),COURT DEFERRED
PROSECUTION/DIVERSION FEE,AND BY ADDING NEW
SUBSECTION 4-8(J),PROSECUTION ASSESSMENT RECOVERY
FEE;REPEALING ANY CONFLICTING PROVISIONS;AND
PROVIDING FOR SEVERABILITY.
WHEREAS,the City. of Apache Junction administers programs
and services within the municipal Court; and
WHEREAS,the cost of administering such programs and
services and prosecuting violators who benefit from these
programs and services is a substantial burden on the court and
prosecuting unit of the City and should be paid for, at least in
part, by those individuals who are being processed through the
system; and
WHEREAS, on October 5, 2005, the Mayor and City Council of
the -City of Apache. Junction enacted Ordinance No.1246
establishing a Municipal Court Fee Schedule; and
WHEREAS,this fee schedule is outdated due to escalating
personnel costs and requires amendment for the costs of
administering cases which the Court defers or diverts prosecution
thereon and those associated with a standardized bond schedule
being adopted by Pinal County Courts,Arizona City Courts and
Justice Courts; 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,A.R.S.§9-240(B)(29)allows the Mayor and City
Council to provide the manner of prosecution and define the
punishment for violations of such laws, to include, among other
reimbursement of prosecution costs.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
A. That Apache Junction City Code,Volume I,Chapter 4,Fees,
Article 4-8,Municipal Court Fee Schedule,subsections 4-8(E),
ORDINANCE NO. 1332
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Municipal Court Enhancement Fund,and 4-8(H),Court Deferred
Prosecution/Diversion Fee,be amended to read as follows:•
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 base amount of $20.00, 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. Any surcharge,
fee,assessment,or other sum required to be
charged by state law or Arizona Supreme Court Rule
as an addition to the base amount of $20.00 shall
also be 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.
H..COURT DEFERRED PROSECUTION/DIVERSION FEE
A Deferred Prosecution Fee/Diversion Fee in the amount
of $50.00 shall be imposed on each criminal charge for
each criminal case which the Court defers or diverts
prosecution thereon.
B. That Apache Junction City Code,Volume I,Chapter 4,Fees,
Article 4-8,Municipal Court Fee Schedule,be amended by adding
new subsection4-8(J),Prosecution Assessment Recovery Fee,to
read as follows:
J.PROSECUTION ASSESSMENT RECOVERY FEE
A Prosecution Assessment Recovery Fee in the amount of
$86.00 shall be imposed on each criminal case and shall
be applied by the municipal court on all criminal cases
that are prosecuted by the City Attorney's Office.
ORDINANCE NO. 1332
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SECTION II REPEALING ANY CONFLICTING PROVISIONS
All ordinances .and part of .;:>ii;ii4olices in conflict with the
provisions of this ordinance are 'hereby repealed.
SECTION III PROVIDING MR. SEVERABILII!Y
.•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;
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 20TH DAY OF JANUARY
2009.
SIGNED AND ATTESTED TO THIS 20TH DAY OF JANUARY
2009.
ATTEST:
_11JOHN:fij INSALACO
Mayoit"
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1332
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