HomeMy WebLinkAboutOrd 894 Amending Chapter 30 Courts Section 30-41 Article II Designating a Juvenile Case Manager TOWN OF WESTLAKE
ORDINANCE NO. 894
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 30,
COURTS, ARTICLE II, MUNICIPAL COURT BY ADDING SECTION 30-41,
DESIGNATING THE POSITION OF JUVENILE CASE MANAGER; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas ("Town"), is a general law municipality
and is authorized to enact regulations as necessary to protect the health, safety and welfare of
the public and may enact ordinances relative to its citizens' health, safety, and welfare that are
not inconsistent with the Constitution and laws of the State; and
WHEREAS, the Town has created a Municipal Court of record, having concurrent
jurisdiction with the justice court in criminal cases that arise in the town and that are
punishable by fine only; and
WHEREAS, the Town of Westlake Town Council desires that the Municipal Court
employ one or more juvenile case managers; and
WHEREAS, all statutory and constitutional requirements for the passage of this
ordinance have been adhered to, including but not limited to the Open Meetings Act; and
WHEREAS, upon the recommendation of the Municipal Court Administrator for, the
Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests
of the town and its citizens that the amendments should be approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 2: That Chapter 30, Courts, Article II, Municipal Court, is amended by
adding Section 30-41, which shall read as follows:
Sec. 30-41 —Juvenile Case Manager; fund
(a) The municipal court is authorized to employ one or more juvenile case
managers who:
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(1) shall assist the court in administering the court's juvenile docket and in
supervising its court orders in juvenile cases; and
(2) may provide prevention services to a child considered at-risk of
entering the juvenile justice system and intervention services to juveniles
engaged in misconduct prior to cases being filed, excluding traffic offenses.
(b) Juvenile case manager fee.
(1) There is hereby created juvenile case manager fee. A defendant convicted
of a fine-only misdemeanor offense shall pay the juvenile case manager fee
of five dollars ($5.00), as a court cost.
(2) There is hereby created juvenile case manager fund. The Municipal Court
Clerk shall collect the fee authorized by this section and pay it to the city
treasurer to be kept in the juvenile case manager fund.
(3) The juvenile case manager fee does not apply to parking citations.
(4) For the purposes of this Section, a person is considered convicted if:
a. a fine is imposed on the person;
b. the person received community supervision, including deferred
disposition; or
c. the Court defers final disposition of the person's case.
(5) The Municipal Court Judge is authorized to waive the juvenile case
manager fee in cases of demonstrated financial hardship on the part of a
convicted defendant.
(6) A fund created under this section may be used to the extent permissible
under state law.
Sec. 30-42—30-55. —Reserved
SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
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SECTION 4: It is hereby declared to be the intention of the Town Council of the
Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase,
sentence, paragraph or section.
SECTION 5: This ordinance shall take effect January 1, 2020 from and after its
passage as the law in such case provides.
PASSED AND APPROVED ON THIS 30th DAY OF SEPTEMBER 2019.
ATTEST:
Carol K. La do , Ma or Pro Tern
u,U APPROV FORM:
Kell Edw , Town Secretary
OF WEST A
L. anto y, Town Attorney
•
TEXAS
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