HomeMy WebLinkAboutOrd 325 Establishing a Municipal Court ORDINANCE NO. 325
AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, CREATING AND ESTABLISHING A MUNICIPAL
COURT; PROVIDING FOR A REGULAR MUNICIPAL JUDGE, ASSOCIATE
JUDGES, COURT CLERK, AND DEPUTY CLERKS; PROVIDING FOR THE
FILLING OF A VACANCY IN THE OFFICE OF MUNICIPAL COURT JUDGE
AND CLERK; PROVIDING FOR THE SETTING OF COURT SESSIONS;
REQUIRING THE APPEARANCE OF ANY PERSON SUMMONED OR
ORDERED TO APPEAR IN THE MUNICIPAL COURT FOR VIOLATION OF A
STATE STATUTE, TOWN ORDINANCE OR OTHER LAW OR REGULATION;
AUTHORIZING THE MUNICIPAL COURT CLERK TO FILE A COMPLAINT
CHARGING ANY PERSON WHO FAILS TO APPEAR AS SUMMONED WITH
THE OFFENSE OF FAILURE TO APPEAR; ESTABLISHING A NON-
REFUNDABLE DRIVING SAFETY FEE; ESTABLISHING AND IMPOSING A
WARRANT FEE OF TWENTY FIVE DOLLARS $25.00 FOR THE ISSUANCE
AND SERVICE OF AN ARREST WARRANT WHEN A DEFENDANT IS NOT
CONVICTED OF A CLASS C MISDEMEANOR AND A WARRANT FEE OF
THIRTY FIVE DOLLARS $35.00 FOR EXECUTING OR PROCESSING AN
ISSUED ARREST WARRANT OR CAPIAS WHEN A DEFENDANT IS
CONVICTED OF A CLASS C MISDEMEANOR; DESIGNATING THE FUNDS
INTO WHICH SUCH FEES ARE TO BE PAID; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY OR ON WHHICH A VIOLATION OCCURS OR
CONTINUES; DECLARING AN EFFECTIVE DATE.
WTTEREAS, the Board of Aldermen hereby finds that the adoption of this
Ordinance is in the best interests of the citizens of the Town;
NOW, THEREFORE, BE IN ORDAINED BY THE CITY COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: Municipal Court.
A) Creation. There is hereby created and established a court designated as a
municipal court of the Town of Westlake, Texas (the "Town"), for the trial of
misdemeanor offenses, including violations of municipal ordinances, with all
such powers and duties as are now, or may hereafter, be prescribed by the
laws of the State relative to municipal courts.
B) Judge and Associate Judges.
1) The Board of Alderman shall appoint a person, a Texas Licensed Attorney,
to act as judge of the municipal court. Said initial appointee shall hold his
term of office corresponding to the unexpired term of the mayor, and every
two (2) years thereafter a municipal judge shall be appointed for a term of two
(2) years.
2) The Board of Aldermen may appoint by resolution one or more persons to
sit for the regular judge of the municipal court or for the presiding judge or
any of the associate judges of such court, while such judge or judges, any or
all, are temporarily unable to act for any reason. Such appointee or appointees
shall possess the same qualifications required of the regular municipal judge,
and shall have all the powers and duties of such office, and shall receive the
compensation set by the Board of Aldermen for the regular municipal judge.
C) Clerk and Deputy Clerks. A clerk for the municipal court shall be
appointed by the Board of Aldermen. Said initial appointee shall hold his or
her term of office corresponding to the unexpired term of the mayor, and
every two (2)years thereafter a clerk shall be appointed for a term of two (2)
years. The Board of Aldermen may appoint such deputy clerks that are
necessary for the operation of the court. The clerk and deputy clerks shall
keep minutes of the proceedings of the municipal court, issue all process and
generally perform the duties for the municipal court that a clerk for a county
court exercising criminal jurisdiction is required by law to perform for that
court.
D) Vacancy. A vacancy in the office of municipal court judge or clerk of the
court shall be filled by the Board of Aldermen for the unexpired term only.
E) Setting Time of Court Sessions. The municipal judge shall have power to
set time for court sessions as the docket may require.
SECTION 2: Failure to AppearNiolate Promise to Appear.
A) Appearance Required. That any person summoned or ordered to appear in
the Town municipal court to face and answer a charge brought against that
person by the Town for a violation of a State statute, Town ordinance or other
law or regulation shall appear in the municipal`court at the date and time
specified in the summons or order. For purposes of the Ordinance, the term
"person" shall mean any corporation,partnership,joint venture, individual or
any other entity recognized in law.
B) Complaint. In the event a person summoned or ordered to appear in
municipal court as outlined in Section 2.A of this Ordinance fails to appear,
the municipal court clerk shall be authorized and empowered to file a
complaint in municipal court charging that person with failure to
appear/violate promise to appear as summoned or ordered.
SECTION 3: Driving Safety Fees. A non-refundable fee of Ten Dollars
($10.00) shall be charged as a special expense each time a person requests to take a
driving safety course for the purpose of having the charge dismissed after the successful
completion of the course.
SECTION 4: Warrant Fees. That the following fees are hereby and shall be
imposed and collected by the Town Municipal Court in the following instances:
A) Defendant Convicted of Misdemeanor.
1) When a defendant has been convicted in the Municipal Court of the
Town, the defendant shall pay the sum of Thirty Five Dollars $35.00 for
the execution or processing of an issued arrest warrant or capias by a
peace officer. The fee shall be assessed on conviction, regardless of
whether the defendant was arrested at the same time for another offense,
and shall be assessed for each arrest made of a defendant arising out of
the offense for which the defendant has been convicted.
2) Proceeds collected hereunder shall be retained by the Town in
accordance with law.
B) Defendant Not Convicted of Misdemeanor.
1) Whenever a warrant of arrest is issued and served and the defendant
made the subject of the warrant is not convicted in the Municipal Court
of the violation for which the arrest warrant was issued, a fee not to
exceed the sum of Twenty-five Dollars ($25.00) shall be imposed and
collected by the Town in the following instances:
a) When a person fails to appear in accordance with art. 38.10, Texas
Penal Code (Vernon), as amended, and with chapter 543, subchapter
A, Tex. Transp. Code; and
b) In all other instances where there has been filed a complaint providing
that there has been a violation of a law or ordinance which imposes
criminal penalties for violations thereof, provided that written notice
of the issuance of an arrest warrant and imposition of the warrant fee
has first been given to the offender.
2) The Judge of the Municipal Court shall set the warrant fee authorized by
this Section 4.13. in an amount not to exceed Twenty Five Dollars$25.00.
3) The funds collected pursuant to this Section 4.8. shall be paid into the
Town treasury for the use and benefit of the Town.
SECTION 5: Savings,Repealer. This Ordinance shall be cumulative of all
other ordinances of the Town affecting the Town's municipal court and shall not repeal
any of the provisions of those ordinances except in those instances where the provisions
of those ordinances are in direct conflict with the provisions of this Ordinance.
SECTION 6: Severability. If any section, article,paragraph, sentence, clause,
phrase, or word in this Ordinance, or application thereto any person or circumstances is
held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall
not affect the validity of the remaining portions of this Ordinance; and the Board of
Aldermen hereby declares it would have passed such remaining portions of the Ordinance
despite such invalidity,which remaining portions shall remain in full force and effect.
SECTION 7: Penalty. It shall be unlawful for any person to violate Section 2 of
this Ordinance, and any person violating or failing to comply with Section 2 shall be
fined, upon conviction,not less that One Dollar($1.00) nor more than Two Hundred
Dollars ($200.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 8: Effective Date. This Ordinance shall take effect from and after its
date of passage and publication as provided by law.
PASSED AND APPROVED by the Board of Aldermen of the Town of Westlake,
Texas on this the 26`1 day of April, 1999.
ATTEST: Scott Bradley, ayor
/IA-1
Inge osswy, Town Secre a
APPROVED AS TO FORM:
In Brim TAA1, Attorney