Article 151
POLICE MAGISTRATE
Sections:
151.01 Levy and collection of court costs.
151.02 Duties of police magistrate.
151.03 Monthly payment to city treasurer and report to council.
151.04 Issuance of complaint – Contents and amendment.
151.05 Complaint dismissal or adjudication of guilt – Judgment.
151.06 Executive process to collect fine and costs.
151.01 Levy and collection of court costs.
(A) The costs of prosecutions for violations of any city ordinance brought in and before the city magistrate’s court shall be $5.00 as court costs. Any costs accrued by an arresting officer for serving warrants, mileage or items other than the aforesaid court costs shall be in addition thereto.
(B) In default of payment of any costs imposed by the magistrate, the person so defaulting shall be committed to the county jail, one day for each $1.00 of such costs, or until such costs are paid. Time spent in jail as partial serving of a sentence under any city ordinance or by this section for fine or costs shall in no way reduce such fine and costs so imposed by the police magistrate.
(C) Any costs collected under this section shall be collected for such use of the city as council may direct. (Ord. 2593 §§ 1 – 3, 1964)
151.02 Duties of police magistrate.
It shall be the duty of the police magistrate to hear and dispose of all such cases according to law, without unnecessary delay, and to keep a record of the same which shall include the name, age and nationality of the party arrested, the cause of arrest, and final disposition of the case, together with the amount of fines imposed and paid. (Ord. 145 § 3, 1976)
151.03 Monthly payment to city treasurer and report to council.
It is hereby made the duty of the police magistrate to pay to the city treasurer, monthly, all fines collected by him, taking the treasurer’s receipt therefor, and to present to council at the first regular meeting of each month a full report of the number of cases heard by him, the amount of fines imposed and paid, and the amount paid to the city treasurer. In no case shall the city be liable to the magistrate for any fees or other compensation for any services performed pursuant to the provisions of this article. (Ord. Unkn., 1880)
151.04 Issuance of complaint – Contents and amendment.
Whenever complaint is made under oath before the mayor or any alderman charging any person with a violation of any city ordinance, it shall be the duty of such officer to enter the same on his docket, and in his discretion, having regard to the exigency of the case, to issue a summons or warrant to bring the alleged offender before him for trial. Every such complaint should set forth some specific act done or omitted at a definite time within the city limits by the accused in violation of some provisions of a city ordinance, which should be described both by number and section and briefly by giving its substance or purpose. However, this shall not be construed to prevent such official from having and disposing of all cases of persons arrested on view and brought before him by any policeman or constable of the city, nor to prevent the magistrate from causing any complaint to be amended on the hearing of any case in accordance with the facts as developed on such hearing. (Ord. 293 § 1, 1888)
151.05 Complaint dismissal or adjudication of guilt – Judgment.
If upon the hearing of any complaint before the mayor or any alderman the evidence is not deemed sufficient, the complaint shall be dismissed and the accused released without delay. If the evidence be deemed sufficient, the magistrate shall adjudge the accused guilty and assess the penalty, and enter judgment for the penalty provided in the city ordinance, together with judgment that the defendant, in default of payment of such fine or penalty, and costs, shall be imprisoned for a definite time, to be specified in the judgment, not exceeding 30 days in the county jail. (Ord. 293 § 2, 1888)
151.06 Executive process to collect fine and costs.
Executive process or any judgment for fine or penalty imposed by any city ordinance may issue forthwith unless the defendant, being a resident of the city, gives notice of an appeal, in which case such process shall not issue for five days after the judgment. Such process shall command the officer to whom it is directed to collect the amount of fine, penalty and costs from the defendant, and in default of payment that he take the body of the defendant into custody and convey him to jail, there to be imprisoned for the period fixed by judgment, unless the fine, penalty and costs are sooner paid. (Ord. 293 § 4, 1888)