HomeMy WebLinkAboutOrd 1990-050,
ORDINANCE NO. 90-5
AN ORDINANCE OF THE MAYOR AND COMMON
COUNCIL OF THE TOWN OF FOUNTAIN HILLS,
ARIZONA CREATING A MAGISTRATE'S COURT
AND THE OFFICE OF TOWN MAGISTRATE AND
THE POWERS AND DUTIES THEREOF, AND
CREATING THE OFFICE OF HEARING OFFICER.
BE IT ORDAINED by the Mayor and Common Council of the
Town of Fountain Hills, Arizona, as follows:
Section 1. There is hereby established in the Town of
Fountain Hills, a magistrate court which shall have civil and
criminal jurisdiction of all violations of the laws of the State
and ordinances of the Town committed within the limits of the
Town. The magistrate court is established pursuant to the
® Arizona Constitution and Section 22-402, A.R.S.
Section 2. The presiding officer of the magistrate's
court shall be the Town Magistrate who shall be appointed by the
Council. The Town Magistrate shall serve a term of two years
with the beginning and end of the term to be specified at the
time of appointment. During such term, the Magistrate may be
removed only for cause.
Section 3. The Assistant Town Magistrate shall be
appointed by the Council and shall perform the duties of the Town
Magistrate in the absence of the Town Magistrate in such manner
as the Council may direct. The Assistant Town Magistrate shall
serve a term of two years, with the beginning and end of the term
to be specified at the time of appointment. During such term,
the Assistant Town Magistrate may be removed only for cause.
Section 4. The powers and duties of the Magistrate
shall include:
A. The powers and duties set forth and conferred upon
the magistrate under the provisions of the state
constitution and statutes and the ordinances and
resolutions of the Town.
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B. The keeping of a docket in which shall be entered
each action and the proceedings of the court
therein.
C. The responsibility for fixing and receiving all
bonds and bails and receiving all fines,
penalties, fees and other monies as provided by
law.
D. Payment of all fees, fines, penalties and other
monies collected by the court to the treasurer.
E. Submitting a monthly report to the Council
summarizing court activities for that month.
F. Preparation of a schedule of traffic violations
not involving the death of a person, listing
specific bail for each violation.
Section 5. The Council may appoint one or more hearing
officers to preside over civil traffic violation cases when, in
their opinion, the appointment of such hearing officers is
necessary to assure prompt disposition of civil traffic violation
cases. Hearing officers may hear and dispose of civil traffic
violation cases which are appealable to the Superior Court.
Hearing officers shall be supervised by the presiding officer of
the Fountain Hills Magistrate's Court.
PASSED AND ADOPTED this
REVIEWED BY:
Michael J. McNulty
Town Manager
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8th day of March, 1990.
John M Cutillo, Mayor
ATTEST:
Cassie B. Hansen
Town Clerk
APPROVED AS TO FORM:
William E. Farrell
Town Attorney
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