HomeMy WebLinkAboutORD1357ORDINANCE NO. 1357
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AMENDING VOLUME I OF THE APACHE
JUNCTION CITY CODE, VOLUME I, CHAPTER 4,FEES,ARTICLE 4-
8,MUNICIPAL COURT FEE SCHEDULE,SECTION 4-8-1,PROBATION
FEES,BY ADDING A NEW SUBSECTION(K)CREATING A NEW
PROBATION FEE.
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 the prosecuting
unit of the City Attorney's Office; and
WHEREAS, in sentencing misdemeanors, the court has discretion
to place misdemeanants on probation; 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 misdemeanor convictions; 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; and
WHEREAS, A.R.S. § 13-901(A) allows municipal courts to assess
a monthly probation fee of at least $50.00 in supervised probation
cases; and
WHEREAS, the Mayor and City Council accepted $138,774.00 in
federal stimulus funds under the American Recovery and Reinvestment
Act of 2009 Edward Byrne Memorial Competition, through passage of
Resolution No. 09-13 approving application for such funds (State
Contract Award No. 2009 -SC -B9-0107); and
WHEREAS, these funds will pay for a court compliance officer
for three years; and
WHEREAS, a portion of the third year is anticipated to be paid
out of probation fees which are collected from individuals placed
on probation; and
ORDINANCE NO. 1357
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION T.IN GENERAL
1. That Apache Junction City Code, Volume I, Chapter 4,Fees,
Article 4-8,Municipal Court Fee Sthedule,be amended by
adding new subsection (K) to Section 4-8-1,Probation Fees,
to read as follows:
K) Probation Fees
1)Any person accepting probation and ordered to be
screened for probation qualification shall pay the
cost of such screening which if done by the Apache
Junction Municipal Court probation monitor, shall
be a fee of sixty-five dollars ($65.00).
2)The Municipal Court shall assess each defendant
placed on court -monitored probation a monitoring
fee of fifty dollars ($50.00) a month and shall
assess defendants ordered to complete education,
treatment and/or counseling a verification fee of
fiffty dollars ($50.00).
.Any person, after accepting the terms of
probation, who fails to appear at the time and
place set by the probation officer for an
appointment with a probation officer shall be
assessed a missed appointment fee in the amount of
fifteen dollars ($15.00).
4)A separate collection account will be established
by the City Finance Department to accrue fees paid
under this section.
SECTION IT REPEALING ANY CONFLICTING ORDINANCES
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes adopted
herein by reference 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 codes or regulations adopted
herein by reference is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
ORDINANCE NO. 1357
PAGE 2 OF 3
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 16TH DAY OF FEBRUARY
2010.
SIGNED AND ATTESTED TO THIS 16TH DAY OF FEBRUARY
J015/S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
a
RICHARD J. STERN
City Attorney
-,26vc•
ORDINANCE NO. 1357
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, 2010.