HomeMy WebLinkAboutOrd 214-2005 Municipal Court.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 214-2005
AN ORDINANCE ESTABLISHING THE IMPOSITION AND COLLECTION OF COSTS
AND FEES IN THE ANNA MUNCIPAL COURT; PROVIDING A PROCEDURE FOR
COLLECTION OF COSTS AND FEES IN THE MUNCIPAL COURT; PROVIDING FOR
THE TAKING OF A DRIVING SAFETY COURSE AND ESTABLISHING A
PROCESSING FEE FOR TAKING A DRIVING SAFETY COURSE; PROVIDING FOR
ISSUANCE OF CITATIONS TO ENFORCE CITY ORDINANCES; PROVIDING FOR
REPEALING, SAVING, AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Anna has established a police department and a municipal
court; and
WHEREAS, the City Council of the City of Anna has determined that there is a need for
imposing and collecting costs and fees in the municipal court and providing for a
procedure for collection of costs and fees in the municipal court; and
WHEREAS, the City Council has determined that there is a need for the taking of driver
safety courses; and
WHEREAS, the City Council has determined that there is a need for establishing a
basis for issuance of citations to enforce city ordinances; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS.
Section 1. Applicability of state law.
(a) The imposition and collection of the costs and fees in the municipal court of the
City shall be as provided by the Texas Code of Criminal Procedure, as amended,
or any other applicable state law, which provisions are hereby incorporated by
reference in this section.
(b) All costs and fees assessed by this ordinance shall be collected by the clerk of
the municipal court and shall be paid over to the City for the use and benefit of
the city.
Section 2. Administrative fees.
(a) All persons requesting to take a driving safety course must pay an administrative
fee of $10.00, pursuant to Texas Code of Criminal Procedure Art. 45.0511. A
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person who requests but does not take a course is not entitled to a refund of the
fee.
(b) All persons and/or agencies requesting a list of those who have paid a
processing fee for defensive driving must pay $15.00 for each request.
Section 3. Issuance of citations to enforce city ordinances.
(a) Peace officers of the city and other persons as designated by the city manager
shall have the authority to issue citations for any violation of: (1) the City's
ordinances; or, (2) state law to the extent the municipal court would have
subject -matter jurisdiction over a state law violation pursuant to the Texas Code
of Criminal Procedure Art. 4.14, as amended. If the individual being cited is not
present, the peace officer or other person as designated by the city manager
shall file a copy of the citation with the municipal court clerk, who will send a
copy of the citation to the alleged offender by registered or certified mail.
(b) The original citation shall be filed with the municipal court clerk, who shall set the
case upon the municipal court docket in the same manner as other
misdemeanors.
(c) The enforcement of the collection of the costs and jury fees assessed by this
ordinance shall be in the same manner now provided for the enforcement of the
collection of fines assessed in the municipal court.
Section 4. Repealing clause.
All ordinances and parts of ordinances in conflict with this Ordinance are hereby
expressly repealed to the extent they are in conflict with this Ordinance. Any remaining
portion of said Ordinance shall remain in full force and effect.
Section 5. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for
any reason, held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions of this ordinance.
Section 6. Effective date.
This ordinance shall become effective immediately upon its passage and publication as
required by law. Only the caption of this ordinance need be published.
PASSED by the following vote of the City Council of the City of Anna on this the 28th
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day of June, 2005.
AYES 5
NAYS 1 (Mark Montgomery)
ABSTENTIONS 0
APPROVED:
PELHAM MA
ATTEST: /
&O�4 &
CATHY c6ANE INTERIM CITY SECRETARY
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