1996D4-DELETING AND REVISING CHAPTER 12
ORDINANCE NO.
9tf,-]) - L/
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
PROVIDING THAT THE CODE OF ORDINANCES, CITY OF
SCHERTZ, TEXAS, BE AMENDED BY DELETING CHAPTER 12,
MUNICIPAL COURT AND REPLACING SAME WITH A REVISED
CHAPTER 12, MUNICIPAL COURT; AND AMENDING CHAPTER
18, TRAFFIC, BY DELETING SECTION 18-15, SECTION
18-16, AND SECTION 18-17; PROVIDING AN EFFECTIVE
DATE; AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT.
WHEREAS, the growth of the City has resulted in
increased populace, and
WHEREAS, the functions of providing justice in the
municipal court requires adherence to changes in the laws
governing the operation of the court;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS;
I
THAT Chapter 12 of the code of ordinances, City of Schertz,
Texas is hereby amended to read as follows:
"CHAPTER 12
MUNICIPAL COURT
Sec. 12-1. Creation
A municipal court is created in
Texas. A reference in State law to a
means a "municipal court" and reference
a "judge of the municipal court."
the City of Schertz,
"corporation court"
to a "recorder" means
Sec. 12-2. Jurisdiction
The Municipal Court shall have exclusive original
jurisdiction within the corporate limits in all criminal cases
that arise under the ordinances of the municipality; and are
punishable by a fine not to exceed $2,000.00 in all cases
arising under municipal ordinances that govern fire safety,
zoning, or public health and sanitation, including dumping of
refuse; or $500.00 in all other cases arising under a
municipal ordinance unless contradicted by state statute. An
offense which is punishable by "fine only" is defined as an
offense that is punishable by fine and such sanctions as
authorized by statute not consisting of confinement in jail
but are rehabilitative or remedial in nature. The municipal
court shall have jurisdiction in the forfeiture and final
judgement of all bail bonds and personal bonds taken in
criminal cases of which the court has jurisdiction. The
municipal court may sit at anytime to try criminal cases over
which the court has jurisdiction. Any case in which a fine
may be assessed shall be tried in accordance with the rules of
evidence and the Code of Criminal Procedure.
Sec. 12-3 Appointment of Judge
The judge and alternate or associate judges shall be
appointed by the City Council and will serve at the will and
pleasure of the Council. The appointments shall be for an
indefinite period with the compensation being set by the
Council
Sec. 12-4 Appointment of Municipal Court Prosecutor
The Council shall appoint a member of the State Bar of
Texas as a prosecutor for the Municipal Court of Schertz,
Texas. The appointment shall be for an indefinite period with
the compensation being set by Council. Such appointees shall
serve at the will and pleasure of the City Council.
State law reference CCN 4.14 and 4.15 changed by Legislature
1995, Chap.449(3), EPF 91-95
-2-
Sec. 12-5. Clerk of the Court and Deputy Clerk
The City Manager shall appoint the clerk of
municipal court. He may appoint a deputy court clerk who
have the same powers and authority as the court clerk.
wages and benefits shall be set by the City Manager
accordance with the personnel rules of the City.
the
will
The
in
The clerk and deputy shall keep
proceedings of the court, issue process, and
the duties for the municipal court that
performs for a county court.
minutes of the
generally perform
a county clerk
Sec. 12-6. Authority of Magistrate
A municipal judge also serves as a magistrate and is
authorized to:
(a) issue warrants of arrest upon receipt of signed,
sworn affidavit
(b) advise defendants and accused of their rights in
criminal cases
(c) set bail when appropriate
(d) advise juveniles concerning their rights prior to
being questioned in criminal matters and prior to
signing written statements
(e) issuing emergency protective orders in stalking
and family violence cases
Sec.
12-7.
Administration Procedures to be Prepared by
Municipal Court Judge
The Municipal Court Judge shall prepare administrative
procedures for the preparation and issuance of warrants, a
warrant docket, the payment of fines and fees, arrest and
confinement of defendants, release of defendants on bond,
schedules of cases on the docket of the Municipal Court and
other pertinent administration policies which provides for
timely and efficient operation of the court function. Such
administrative regulations shall be approved by the City
Manager and shall contain strict controls pertaining to the
collection of fines, fees and the payment of cash bonds so as
to insure financial integrity.
Sec. 12-8. Prosecutions to be by Written Complaint
All prosecutions in the municipal court shall be by
written complaint. A citation for fine-only misdemeanor
offenses shall be used as complaint for defendants to plea not
guilty, guilty or nolo contendere except for public
intoxication, which shall require a sworn complaint to
-3-
initiate the proceedings.
If a defendant enters a plea of not guilty, the court
shall file a sworn complaint.
If a defendant fails to appear and the court issues an
arrest warrant for the defendant, a sworn complaint shall be a
requirement and shall be on file in the court.
Sec. 12-9. Collection of fines, fees and special expenses
The judge of the municipal court is authorized to
assess, levy and direct collection of fines, special expenses
and fees in connection with violations of state laws, city
ordinances, warrants of arrest and posting of cash bonds.
(a) The judge may designate violations of ordinances
and laws within the jurisdiction of this municipal court which
may be satisfied by payment of a fine at the municipal court
clerk's office as prescribed within the limits of Texas State
laws.
(b) The fines assessed in the municipal court except
for maximum and minimum fines set by State law shall be at the
discretion of the judge. Court costs shall be levied as
directed by State law. In addition to the fines and court
costs, certain fees shall be collected. These fees are
defined as follows: warrant fees, $25; child safety fees,
(moving) $20 (parking) $5; driver'S safety course fee, $10;
renewal dismissal fee (driver's license, vehicle registration
and inspection sticker) $10; Teen Court and municipal court
fee, $20; and municipal court security fee, $3.
(c) Any person who has received a citation to appear
in municipal court regarding a Class C misdemeanor may, within
the time specified in the citation, appear at the court
clerk's office; answer the charge set forth in the citation
by entering a plea of guilty or no contest in writing and
waving a hearing in court; and by paying the prescribed fine.
(d) All such collections shall be deposited in the
city treasury and distributed in accordance with the laws of
the State of Texas and city ordinances.
Sec. 12-10. Failure to answer summons.
(a) Constitutes further and additional offense;
complaint to be filed. If and in the event a police officer
or other authorized officer of the City of Schertz, Texas,
issues a summons for an apparent violation of a penal
ordinance of the City of Schertz, Texas, and the person to
whom the summons is issued signs the same and promises thereby
the make his appearance before the municipal court of said
city at the date and time stated in such summons, and
-4-
thereafter fails to make his or her appearance at such date
and time, such failure to appear shall constitute a further
and additional offense. In the event of such failure to
appear, the clerk of the municipal court shall cause a
complaint to be prepared and filed charging such failure to
appear.
(b) Voluntary payment of fine after issuance of
arrest warrant.
In the event a warrant of arrest has been validly
prepared, authorized, logged and issued pursuant to this
section and the defendant, prior to the service of said
warrant upon said defendant, voluntarily comes forward to pay
his fine, the fine assessed shall be in accordance with the
fee schedule for voluntary payment of fines then in force as
prescribed by the judge of the municipal court; however, the
warrant fee as established by state law shall be collected in
addition to such fine.
(c) Warrants of arrest; confinement; fines; posting
bond.
Warrants of arrest issued shall be executed in the
form and manner provided by law. After the arrest of such
defendant, said defendant shall be confined to jail until such
times as said defendant shall pay the fines hereinafter
specified or execute his appearance bond in the form and
manner specified by law. In the event such defendant elects
to pay the fines for the offense charged in the' initial
summons and complaint and for failure to appear, such fine for
failure to appear shall be the sum of $75.00 and in addition,
there shall be charged a warrant fee and security fee for each
of the warrants issued.
(d) Notice of next docket of court. In the event
such defendant in lieu of paying the fines, posts his bond in
the form and manner required by law, the clerk of the
municipal court shall, prior to release of such defendant,
advise him of the next docket of the municipal court of the
City of Schertz, Texas. If practicable, such notice shall be
in writing signed by the defendant prior to his release. In
the event the defendant is released prior to receipt of such
notice, the clerk shall furnish such notice to the defendant
by mail as expeditiously as possible.
(e) Failure to appear at next docket; forfeiture of
bond; new complaint filed; warrants issued; etc.
In the event such defendant is released pursuant to
his bond and fails to make his appearance at the next court
docket of the municipal court of the City of Schertz, Texas,
such bond or bonds shall be forfeited in the manner provided
by law and a new and additional complaint for failure to
-5-
appear shall be filed. The clerk of the municipal court shall
then cause warrants to be issued on the charges of failure to
appear. Upon his arrest, such defendant shall be confined in
jail and shall not be released except upon his payment of a
fine of two hundred dollars ($200.00) for each of the two (2)
failures to appear and the payment of the three ($25.00)
warrant fees as established under section 12-4. In the
alternative, however, such defendant shall be released upon
his posting a cash bond in the amount of said fines and
warrant fees or by direction of his release by a writ of
habeas corpus or other writ issued by a court of jurisdiction.
Sec. 12-11 Appeal
Appeals from the municipal court including
from final judgements in bond forfeiture proceedings,
heard by the Guadalupe County Court.
appeals
shall be
Sec. 12-12 Chapter 18 - traffic sections deleted
The following sections of
deleted: Sec. 15, Sec. 16, and Sec.
Chapter
17."
18
are
hereby
II
This Ordinance
final passage and any
Charter.
shall be effective from and after its
publication required by the City
III
THAT all ordinances or parts of ordinances in conflict
with this Ordinance are hereby repealed.
APPROVED on first reading the ;{d/i day of J'~,
1996.
/l?rV<d-
, 1996.
the .5LL day of
PASSED, APPROVED AND
Schertz, Texas
ATTEST:
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City Secretary, City of Schertz
(SEAL OF CITY)
-6-
THE STATE OF TEXAS,
PUBLISHER'S AFFIDAVIT
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County of Guadalupe
Before me, the undersigned authority, on tt'tis date personally appeared T ^ RRVNnr no::
known
to me, who, being by me duly sworn, on his oath deposes and says that he is the Advertising Director of
The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore-
going
AD
was published in said newspaper
and a newspaper copy of which is hereto attached.
2 times before the return day named therein,
AN OltDlNANCE
BY THE CITY COUNCil
OF THE CITY:j
SCHERTZ, TEXAS, PA... AN ORDINANCE
VIDIN. G T. HAT.THE. .BY THE CITY COUNCIL
OF ORDI~ES, C, OF THE CITY OF
QfSC\oIE .,J; SCHERTZ, TEXAS, PRO-
ANllw. :'.: '.. ......." VI DING THAT THE CODE
ITH A' n.... OF ORDINANCES, CITY
CHAPTER 12, MUNICIPA OF SCHERTZ, TEXAS,
COURT; AND AMENDING AND REPLACING SAME
CHAPTERd8, TRAFF.!.~I WITH A REVISED
BY DELETING $ECTI~CH)o,PTER 12, MUNICIPAL
18-15, SECTION' 18-16iCOURT; AND AMENDING
AND SEC;TION .18-171 CHAPTER 18, TRAFFIC,
PROVIDING AN EFFECJ BY DELETING SECTION
TIVE DATE; AND RE'18-15, SECTION 18-16,
PEALING ALL ORDI- AND SECTION 18-17;
NANCES OR PARTS OF PROVIDING AN EFFEC-
ORDINANCES IN CON- TlVE DATE; AND RE-
FLICT. PEALING ALL ORDI-
Approved Oil the first NANCES OR PARTS OF
reading the 20th day of ORDINANCES IN CON-
February, 1996. FLICT.
Norma AIIhouse, Approved on the first
City Secretary reading the 20th day of
February, 1996.
MARCH A.D. 19 96 Nonna Althouse,
'. -City Secretary
11 0 LI,rliJi ~wtlces
such publications being on the following dates:
PRRRnaRV ?~. lqq6
FEBRUARY 29. 1996
Sworn to and subscribed before me, this 1st day of
....--~.-;~,'~'~::\.'\"
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{'?'. t. '\'0\ MARGARET L. CLARKSON
~.: "'::-'-;-'7 ...} Notary Puhltc,Srdle dTe.x.1s
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Notary Public, Guadalupe County, Texas
THE STATE OF TEXAS,
PUBLISHER'S AFFIDAVIT
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Before me, the undersigned authority, on tt'tis date personally appeared L. A. REYNOLDS
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County of Guadalupe
known
to me, who, being by me duly sworn, on his oath deposes and $ays that he is the Advertising Director of
The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore-
going
AD
was published in said newspaper ?
times before the return day named therein,
such publications being on the following dates:
MARCH 8, 1996
MARCH 14, 1996
and a newspaper copy of which is hereto attached.
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Sworn to and subscribed before me, this 14th day of MARCH
A.D., 19 96
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,
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Notary Public, Guadalupe County, Texas
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11 0 Leqal Notices
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. ORDINANCE NO, 96-D-4
6Y THE CITY COUNCIL
:OF THE CITY OF
~CHERTZ, TEXAS, P~
'VIDING THAT THE CODE
OF ORDINANCES, CITY
:OF SCHERTZ, TEXAS,BE
:AMENDED BY DELETING
CHAPTER 12, MUNICIPAL
:COURT AND REPLACING
:SAME WITH A REVISED
-CHAPTER 12. MUNICIPAL
:COURT; ANDAMsIIIDING
:CHAPTE819, TRAFFfC.
fJY DELeTINQ$CTlON
-18-15, SECTION la.16,
AND SECTION 18-17;
;PROVIDING AN, EFFEC-
mVE DATE; ANDRE-
;PEALING ALL ORDI-
:NANCES OR PARTS OF
;ORDINANCES IN CON.
-FlICT.
:PaSSed, approVed...and
:adopted the 5th day of
'March. 1996.
:Nonna Atthouse, City Sec-
:retary
...
ORDINANCE
NO. H-D-4
BY THE CITY COUNCil
OF THE CITY OF
SCHERTZ, TEXAS, PR~
VIDING THAT THE CODE
gf ORDINANCES, CITY
bF SCHERTZ, TEXAS, BE
lMENDED BY DELETING
~HAPTER 12, MUNICIPAL
:COURT AND REPLACING
:SAME WITH A REVISED
CHAPTER 12, MUNICIPAL
:!::OURT; AND AMENDING
CHAPTER 19, TRAFFIC,
BY DELETING SECTION
~8.15, SECTION 18-16,
-AND SECTION 18-17;
PROVIDING AN EFFEC-
irlVE DATE; AND RE-
;PEALING ALL ORDI-
f"ANCES OR PARTS OF
ORDINANCES IN CON-
:FLlCT.
z,aSSed, epproved end
Adopted the 5th day of
'!.larch, 1986.
)jolTna A"house,
.city Secretary