HomeMy WebLinkAboutOrd 2011-09ORDINANCE NO. 11 -09
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 5, MUNICIPAL COURT, BY CREATING A
NEW ARTICLE 5 -8, ADMINISTRATIVE COSTS, RELATED TO CHARGING
ADMINISTRATIVE COSTS ASSOCIATED WITH CERTAIN VIOLATIONS.
WHEREAS, the Town of Fountain Hills (the "Town ") is empowered by the Constitution
and laws of the State of Arizona to exercise jurisdiction over certain civil matters and criminal
misdemeanors; and
WHEREAS, in carrying out its duties, the Town's Municipal Court (the "Court ")
requires certain administrative tasks to be performed by the Maricopa County Sheriffs Office
( "MCSO "); and
WHEREAS, the costs for MCSO to carry out these administrative tasks is included in
the Town's intergovernmental agreement with MCSO for law enforcement services; and
WHEREAS, the Mayor and Council of the Town of Fountain Hills have determined that
it is in the best interests of the Town that certain administrative costs should be recovered from
persons convicted of certain offenses in the Court.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Fountain Hills Town Code, Chapter 5 (Municipal Court), is hereby
amended by adding a new Article 5 -8 (Administrative Costs), which reads as follows:
Article 5 -8 Administrative Costs
The Town Council may establish a schedule of administrative charges to be assessed upon
persons convicted of certain violations of law, as set forth in this Article, within the jurisdiction
of the Town's municipal court. The schedule of charges shall be adopted as part of the Town's
annual budget or by separate resolution.
Section 5 -8 -1 Assessment of administrative charge on persons convicted of
violations of ARIZ. REV. STAT. § 28 -1381 et seq.
A. A person convicted in the Town's municipal court of a violation of Attu. REV.
STAT. § 28 -1381 et seq., either after trial or pursuant to plea agreement, shall be
assessed an administrative charge to cover all or part of the administrative costs
and expenses directly incurred by the Town's law enforcement entity in the
investigation of violations of Attu. REV. STAT. § 28 -1381 et seq. The
1432207.1
administrative charge constitutes a debt of the person, and may be collected by the
Town.
B. The Town's municipal court shall assess and collect the administrative charge on
behalf of the Town. The court shall set forth the requirement and amount of the
administrative charge as a separate item in all orders and judgments, and not as
part of any sentence or probation conditions imposed by the court in the criminal
case.
C. No person whom the Town's municipal court finds to be indigent shall be
required to pay the monetary charge authorized in this section. If the court finds
that a person is able to pay only a portion of the administrative charge as
calculated pursuant to subsection 5- 8 -1(D) below, the court may waive that
portion that the court finds the person is unable to pay.
D. The Town's chief law enforcement officer shall, on a periodic basis, determine
the amount of costs and expenses, including but not limited to officer salaries,
directly incurred by the Town's law enforcement agency in the investigation of
violations of ARIZ. Rev. STAT. § 28 -1381 el seq., as amended, and set the
administrative charge to be assessed against each convicted person at an amount
reasonably calculated to recover all or part of those costs and expenses, but in no
event to exceed the average amount of such costs and expenses per case. The
calculated amount shall not include costs and expenses for officer testimony given
during discovery, at a hearing or at trial. The Town's chief law enforcement
officer shall communicate the result of the administrative charge calculation to the
Town's municipal court.
E. The administrative charge collected by the Town's municipal court shall be
deposited in the Town's general fund.
F. In addition to any other rights and remedies available to the Town, the Town
Attorney is authorized to institute any appropriate civil action in any court of
competent jurisdiction for recovery of the administrative charge authorized under
this section.
G. The liability imposed under this section is in addition to and not in limitation of
any other liability that may be imposed, except that this section shall not apply in
any case where the convicted person caused an accident that resulted in an
appropriate emergency response, thereby making ARIZ. REV. STAT. § 28 -1386 et
seq., as amended, applicable. It is the intent of the Mayor and Council that this
section supplement the provisions of ARIZ. REV. STAT. § 28 -1386 et seq., as
amended, in cases where that statute is not applicable, and that ARIZ. REV. STAT.
§ 28 -1386 et seq., as amended, control in the event of any actual conflict between
it and this section.
1432207.1 2
H. The administrative charge provided for in this section is hereby declared to be a
cost recovery measure, administrative in nature, separate from and in addition to
any sentence or probation conditions imposed by the Town's municipal court in
the criminal case.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance.
SECTION d. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and take all steps necessary to carry
out the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, June 16, 2011.
FOR THE TOWN OF FOUNTAIN HILLS:
J . Schlum, Mayor
REVIE'1'L'ED BY:
Richard L. Davis, Town Manager
1432207.1 3
ATTESTED TO:
Bevelyn J. dind Town
APP OVED AS TO FORM:
L&��
Andrew J. McGuire, Town Attorney