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HomeMy WebLinkAboutOrdinance 03 Municipal Court ORDINANCE NO. 3 AN ORDINANCE PROVIDING FOR AND THE ESTABLISHMENT OF A MUNICIPAL COURT IN NORTH ORLANDO, FLORIDA, PROVIDING FOR AND SETTING OUT PROVISIONS RELATING TO THE SAID COURT, AND PROVIDING THAT SUCH ORDINANCE SHALL GO INTO EFFECT IMMEDIATELY UPON ITS PASSAGE. BE IT ORDAINED by the Village Council of North Orlando, Florida: Section 1. There shall be and there is hereby established in the Village of North Orlando, Florida a Municipal Court to be known as the "Municipal Court of the Village of North Orlando, Florida," for the trial of all offenders against the municipal ordinances. Such court shall be presided over by a Municipal Judge, who shall be appointed by the Village Council, and shall hold office at the will of the Village Council and may be removed at any time by the Village Council. Sessions of the Municipal Court may be held daily except Sundays and holidays. Section 2. The Municipal Judge shall have power by his warrant to have brought before him any person or persons charged with the violation of the Village Ordinances and shall have exclusive original jurisdiction over all proceedings of a criminal nature for the violation of any ordinances of the Village. In the proper exercise of the func- tions of the Municipal Court within its jurisdiction as herein defined, the Municipal Judge shall have power and is authorized to issue and cause to be served any and all writs, warrants, search warrant, and processes, necessary for the detection and prevention of and punishment for the violations of the ordinances and laws of the Vill- age of North Orlando, Florida, and the Chief of Police of the Village of North Orlando, Florida, is authorized and it is made his duty to execute and serve any and all such writs and processes issued out of the said Municipal Judge, and to make proper re- turns upon the same to such court in the same manner as is required of Constables and Sheriffs in the execution of similar processes and papers. The Municipal Judge shall have the power and authority to take bail for the a.ppearance of an accused per- son, and if such person fails to appear to declare such bond or security estreated; to require the attendance of witnesses of the Village and for the accused person; to ad- minister oaths, to take affidavits, and to inquire into the truth or falsity of all charg- es preferred, to decide on the guilt or innocence of the accused, and to fix and impose such penalties by sentences as are prescribed and provided for under the ordinances of the Village, and to have all powers incidental and usual to the due enforcement of the Village Ordinance. Section 3. Any person convicted in the Municipal Court of any offense shall have the right of appeal to the Circuit Court of the Ninth Judicial Circuit in and for Semin- ole County, Florida. The practice and procedure of appeals from the said Municipal Court shall be governed by the Laws of Florida; provided, however, that all bonds for appeals from the Municipal Court shall be approved by the Municipal Judge in accord- ance with the Laws of Florida. Section 4. The Village Clerk shall be the Clerk of the Municipal Court and shall attend all sessions of the same. He shall keep a docket in which shalLbe ehtered the title of all cases tried in such court, the nature of the offense charge, the names of all witnesses sworn, and by whom called, the finding and judgment of the court and the fine, the costs incurred and by whom, whether the judgment is satisfied, and if so, ho, satisfied, the date of appeal if granted; and the mere placing of the charge on the docket shall be sufficient, without any affidavit being made as to the offense. Upon conviction or acquittal of any defendant the Village Clerk shall procure and file in his records the complaint, warrant or other pro- cess and all papers in the case, and a copy thereof of the entries upon the docket aforementioned, when certified by him as being a true copy of the original in his keeping, under the seal of the Village, shall be prima facie evidence thereof and of the facts therein stated, and shall have the same force and effect in all courts as would be the original if produced and proved as such. Section 5. All persons arrested for the violation of any ordinance or breach of the peace committed within the Village Limits of the Village or upon the property of the Village outside its Limits, and within the juris- diction of the Municipal Court as defined under this Ordinance and the Charter of this Village, shall be immediately confined in the Village Jail or House of Detention, and remain there until a hearing has been held be- fore the Municipal Court, unless such person or persons shall give proper security, in which event they may be released, to appear at the time set for such hearing. Section 6. The Chief of Police and the officers in charge of the Vill- age Jail or House of Detention shall have authority to take from persons arrested a bond or other security for appearance before the Municipal Court; but no bond or security shall be for less than Five Dollars ($5.00) or more than Two Hundred Fifty Dollars ($250.00). Section 7. In all cases where accused persons have been released upon bond or other security and they fail to appear, the Municipal Court shall declare such bond or security estreated, and such action shall be recorded upon the docket, and in such cases the Municipal Judge may, in his discretion, issue capias for the arrest of the accused person. Section 8. The Municipal Court shall have authority to preserve or- der and decorum, and shall be invested with the same powers to that end, by fine and imprisonment, as are possessed and authorized to be exer- cised by the Criminal Courts of Record within this State. All fines, pen- alties and fees collected in the Municipal Court shall be a part of the re- venue of the Village and shall be paid into the Village Treasury on the day on which so collected, and receipt taken thereof. The moneys so paid into the Village Treasury may, by ordinance or Resolution of the Village Council be appropriated to any particular fund or funds, and shall there- after be used in accordance with such Ordinance or Resolution. Section 9. It shall be the duty of the Village Chief of Police or the police officer acting as his deputy or representative in attendance upon the Municipal Court, to report to the Village Clerk at the hour for the convening of such court on session days, all arrests and committals that have been made since the last session of the court, the names of the accused and the offenses with which charged, the names of the witnesses in the respective cases and the bonds or other securities of those who have been released, if any there be. Section 10. No fine or other penalty imposed by the Municipal Court shall be re- mitted except by action of the Village Council, provided, however, that this shall not be construed as precluding the Municipal Judge from suspending sentence imposed by such court. Section ll. The Municipal Court shall have original jurisdiction of all criminal cases arising in the Village of North Orlando on account of the violation of the laws of said Village. Section l2. The Municipal Court shall have a Judge, a chief executive officer, and a clerk. The Chief of Police shall be the chief executive officer, and the Village Clerk shall be the Clerk of the Municipal Court. Section l3. Offenders against the Village may be tried upon warrants issued upon the affidavit of the person making the complaint, or informant, made before the Judge or Clerk of the Municipal Court, which affidavit shall state the time the offense was committed, the name of the person alleged to have committed the offense, a substan- tial statement of the offense charged; and the warrant shall he duly filed and become a part of the record of the case . Section 14. The form of affidavit necessary to be made upon which warrant may issue, shall be as follows: STATE OF FLORIDA COUNTY OF SEMINOLE IN THE MUNICIPAL COURT OF THE VILLAGE OF NORTH ORLANDO, FLORIDA. Before me, ___________the ____________of the Municipal Court of the Village of North Orlando, Florida, personally appeared who being duly sworn, says that one ___________, on the day of __________A. D. 19 , in the Village aforesaid did _______________ contrary to the law in such case made and provided, and against the peace and dignity of the Village of North Orlando, Florida. Sworn and subscribed before me this_____day of _______A.D. 19____. Judge or Clerk of the Municipal Court Section 15. The form of warrant issued for the arrest of any person shall be as follows: STATE OF FLORIDA COUNTY OF SEMINOLE IN THE MUNICIPAL COURT OF THE VILLAGE OF NORTH ORLANDO, FLORIDA. To the Chief of Police or any Policeman of Said Village: WHEREAS ____________, has this day made oath before_______ ______________in writing, that one ______________on the ___________day of ______________A. D. 19___ , in the Town aforesaid, did __________dontrary to the laws in such case made and pro- vided, and against the peace and dignity of the Village of North Orlando, Florida. These are therefore to command you forthwith to arrest the said ____________and bring ______________before this Court that__________ ___________cay be dealt with according to law. Given under my hand this ___________day of A. D. 19_______ Judge of the Municipal Court Section 16. There shall be held on a Tuesday of each week a term of the Municipal Court, and said Court shall convene at 10:00 o'clock A. M., excepting legal holidays, at which time all officers of the Court shall be present. Section 17. At the trial of any person before the Municipal Court, the accused shall be duly arraigned, and allowed to plead to the warrant; if the accused refuse so to plead, a plead of Not Guilty shall be entered for him and the trial shall proceed. The trial shall be without jury, and upon the conviction of such person, the Judge of said Court shall impose upon him such penalty as may be provided by the laws of the Village of North Orlando, Florida. The accused 'may be represented by counsel, and shall have pro- cess to compel the attendance of witnesses, and may appeal from the judg- ment of the court in the manner provided by law. Section 18. Upon the convening of municipal court, the trial of all per- sons charged with the violation of the laws of the Village of North Orlando, shall proceed in regular order, unless a continuance of the same is granted by the Judge lfor good cause shown. Section 19. If, after examination, the Judge or Chief Of Police shall be satisfied that there is good ground to hold a person accused of violating the laws of the Village of North Orlando, to bail, they shall take the bond of the accused, with two sureties or a cash bnnd, for his appearance before the Court at a time specified. Section 20. Persons arrested may deposit cash as collateral, or give bond to the arresting officer, with two good and sufficient sureties, resi- dents of the Village of North Orlando, Florida, who shall be worth the amount of the bond excluding constitutional exemptions, which bond shall be approved by the Judge or the Chief of Police. The condition of the bond shall be for the appearance of the accused before the Court at a specified time, and until discharged by law, to stand tb'and abide the result of his trial. Section 21. The Judge and Chief of Police being authorized to accept appearance bonds, they are hereby authorized to accept cash bonds in all cases. All moneys received as cash bond under the provisions of this section shall be by said officers paid to the Village Treasury of the Village of North Orlando, Florida, when forfeited. If the bond shall be forfeited, the money shall be immed- iately paid into the Court Clerk, according to the condition of the bond, and by the Clerk credited to the proper fund, or returned to the defendant if he shall comply with the conditions of such bond. Section 22. The form of an appearance bond when executed by two sureties, shall be as follows: IN THE MUNICIPAL COURT OF THE VILLAGE OF NORTH ORLANDO, FLORIDA. The Village of North Orlando, Florida A Municipal Corporation vs. ________________________ KNOW ALL MEN BY THESE PRESENTS: That we,___________ , as principal, and _____________and ____________, as sureties, are held and firmly bound unto the Village of North Orlando, Florida, a municipal corporation, the said________ ___________principal, in the sum of _____________Dollars, and the said _______________and , sureties, each in the sum of _______________ ____________Dollars, for the payment whereof, well and truly to be made, we bind ourselves, our heirs, executors and administrators, firmly by these presents. Signed, sealed this day of A. D. 19______. The condition of this obligation is such that if the said _____________shall appear before said Municipal Court on the day of _____________A. D. 19 ____, to be held at the ____________ in and for said Village to answer a charge of ___________________and shall appear from day to day and term to term of said Court, and not depart from the jurisdiction of said Court without leave, than this obligation to be void; else to remain in full force and virtue. Taken and approved by me, (Seal) (Seal) (Seal) STATE OF FLORIDA COUNTY OF SEMINOLE VILLAGE OF NORTH ORLANDO Personally appeared before me, the undersigned authority, and ___________ ______________, who being first duly sworn, say each for himself, that he is worth in property owned in the Village of North Orlando, Florida _____________Dollars, over and above all debts, liabilities, and all property exempted from forced sale by the Constitution and laws of the State of Florida. Sworn to and subscribed before me this_________day of ___________, A.D. 19____. Section 23. Whenever any bond is taken for the appearance of any person charged with the violation of any of the laws of the Village of North Orlando, Florida, before the Municipal Court, and such person fails to appear in said court as conditioned in said bond, the Judge of said court shall cause the sureties of said bond to be called upon to produce the body of the person for whose appearance they have given bond. Cash bond shall be estreated upon the defendant failing to appear in court at the time specified, and a record of such action shall be entered in the minutes of court. Section 24. When the sureties have been called as required in the pre- ceding section, and have failed to produce the body of the person for whose appearance the bond has been given as aforesaid, the Judge of said court shall then, or as soon thereafter as possible, make and sign a certificate setting forth the facts of the giving of the bond, the breach of its conditions, and the failure of the sureties thereon to produce the body of the defendant, which certificate together with the bond in such case, shall be transmitted by the Judge forthwith to the Clerk of the Village who shall present the same to the Village Council for action. The certificate when signed by the Judge of said Court, shall in any court in this State have all the force and validity of other record evidence, and shall be prima facie proof of all the facts set forth therein, and shall be substantially as follows: THE MUNICIPAL COURT OF THE VILLAGE OF NORTH ORLANDO, FLORIDA. THE VILLAGE OF NORTH ORLANDO, FLORIDA, A MUNICIPAL CORPORATION, vs. This is to certify that the said as principal and and , as sureties, agreed to pay to the Village of North Orlando, Florida Dollars, unless the said should appear before said Court on the day of , 19 to answer the charge in this case; that the said has failed to appear in this Court to answer said charge, and the sureties have been called upon and have failed to produce the body of said in this court, as their bond requires. In witness Whereof, I have on the day of A. D. 19 made and signed this certificate. Judge of the Municipal Court Section 25. Whenever any bond has been taken for the appearance of any person before the municipal court charged with the violation of the laws of the Village of North Orlando, Florida, and estreated for failure of the person for whom the bond is given to appear, the Village of North Orlando, Florida, may enforce the collection of said bond in the same manner as any other con- tractual obligation, and may bring suit on the bond in any court of competant jurisdiction. Section 26. The forfeiture and collection of an appearance bond shall not operate to discharge or release the defendant of the offense for which the bond is given. Section 27. Witnesses summoned by the Village shall be allowed Five Dollars ($5.00) per diem. Section 28. Judgments of the Court shall be in writing, signed by the Judge of said Court, and entered on the docket. Section 29. The costs of court shall include the sum of Three Dollars ($3.00) for each case heard, and Two Dollars ($2.00) for each default judgment officially signed on the Municipal Court docket, payable to the Municipal Judge. A further cost of court shall include the sum of Five Dollars ($5.00) for each witness summ- oned by the Village. In cases where a conviction is had, the defendant shall pay the costs of the trial. In cases that are heard and the defendant is found not guilty of the violation as charged, then, in that event, the Three Dollars ($3.00) said sum shall be paid from the general fund, and the said Five Dollars ($5.00) for witnesses so paid. Section 30. It shall be the duty of the chief executive officer of the Municipal Court to attend all terms of said Court and to execute all orders; to serve and ex- ecute all process of said Court and to return the same when served, to be filed as part of the record of the cause. During the absence of the chief executive officer, any policeman may be designated to perform the duties of such office. Section 31. It shall be the duty of the Clerk of the Municipal Court to attend all terms of Court, to keep a record of all trials and proceedings; to issue process to compel attendance of witnesses; to take affidavits charging any person with the violation of the Laws of the Village, and to issue warrants of arrest upon such affidavit in the name of the Judge of said court, under the seal of the Village of North Orlando, Florida. Section 32. The Clerk of said court shall keep a docket and accurate minutes of all proceedings of said court, a record of all cases therein tried and determined, together with a record of all fines and penalties imposed; and upon the adjournment of court, the Clerk shall prepare and issue a detailed commitment, containing the names of convicted prisoners whose fines are not paid, giving the color, sex, judg- ment of the court, date of commitment, number of days service required, date of expiration of service and such other information as may be necessary, which comm- itment shall be signed by the Judge and Clerk of said court, and shall be delivered into the hands of the Chief of Police, in duplicate, to be signed by the Chief of Police, and the dupicate to be returned to the Clerk to be filed with the records in the case as a receipt. Section 33. It shall be the duty of the Judge of the Municipal Court to hold daily terms of court when necessary for the trial of all persons charged with the vio- lation of the laws of the Village of North Orlando, Florida; to preside as Judge of said Court and determine from the evidence the guilt or innocence of the accused, and to do and perform the duties and exercise all the powers required of him or con- ferred upon him by the Charter and laws of the Village of North Orlando, Florida, for the proper performance of his duties. Section 34. All persons imprisoned after conviction in the Municipal Court shall be required to work for the Village at such labor as their health and strength will permit, within or without the corporate limits of said Village, not exceeding eight hours each day and for not exceeding ninety (90) days for one offense; provided, however, that no prisoner shall be required to labor on Sunday. Section 35. Any male person convicted of violating any ordinance of the Village, and upon whom a fine shall have been imposed, without the alternate provision of labor for so many days, and who shall not pay said fine, shall be compelled to work out said fineat the rate of Five Dollars($5. OO)per day. Section 36. During the absence or disability of the Municipal Judge, the Village Council shall have the right to appoint an acting Municipal Judge to fulfill the duties of the office. Section 37. Should any part, paragraph, or section of this ordinance be declared invalid in any judicial proceeding, such partial invalidity shall not affect the remainder of this Ordinance. Section 39. Any requirement of reading this Ordinance on separate days be and the same is hereby dispensed with by the unanimous vote of the Village Councilmen of the Village of North Orlando, Florida. Section 40. This ordinance shall take effect immediately upon its passage and adoption by the Village Council of the Village of North Orlando, Florida; further, it is necessary for the immediate preservation of public peace, safety and welfare of the Village. Passed first reading this 3rd day of November, 1959. Passed second reading this 3rd day of November, 1959. Passed third reading this 3rd day of November, 1959. Roy J. Liddicott ATTEST: Lois G. Strickland VILLAGE CLERK