[Ord. No. 2017-08, 9-12-2017; Ord. No. 2018-04, 3-13-2018]
A. Any
person arrested for violation, failure, neglect or refusal to comply
with any provision, regulation or requirement of any ordinance may
be admitted to bail by: executing a bail bond to the County with good
and sufficient security to be approved by the Judge, or in his/her
absence or inaccessibility, by the Clerk of the Court, in the amount
of not less than two dollars ($2.00) and not more than five hundred
dollars ($500.00), conditioned that such person shall appear upon
the day named therein (no later than thirty (30) days from the date
of the bond), before the Court and await the trial upon the charge
against him/her.
B. Every
bail bond shall be filed forthwith with the Clerk of the Court by
the officer taking the bond, provided that no attorney, Police Officer
or any officer of the City, whether elected or appointed, shall be
listed as a surety upon any bail provided for in this Section.
C. In
lieu of sureties on the bond, the Judge or in his/her absence or inaccessibility,
the Clerk of the Court or in his/her absence or inaccessibility, may
permit the posting of a cash bond, and the Chief of Police or the
Assistant Chief of Police or any officer in charge of the Police Department,
shall state on the bail bond the receipt of the cash deposit.
D. The
City shall in no manner be responsible to any depositor of a cash
bail bond. However, the person receiving the cash deposit shall be
prosecuted by the City Attorney or other proper officer for failure
to account for and pay over the deposit.
[Ord. No. 2017-08, 9-12-2017; Ord. No. 2018-04, 3-13-2018]
A. If
a defendant giving a bail bond on cash bond shall fail to appear when
and where the case is called in the Court, the Judge may order the
defendant to be apprehended and brought before him/her, or the Judge
may render a judgment or forfeiture for the full amount of the bond
or deposit at which time the bond or deposit shall be forfeited.
1. If a bail bond has been given, the amount of the judgment thereon
shall be collected from the defendant and his/her sureties according
to law, including the issuance of execution.
2. The Judge may, for good cause, set aside the forfeiture at any time
within four (4) days from the date of forfeiture.
[Ord. No. 2017-08, 9-12-2017; Ord. No. 2018-04, 3-13-2018]
Except for those cases as designated by the Municipal Court
that require the appearing in Court by the defendant or for any other
offense that the officer who has written the citation indicates that
the defendant must appear in Court, a defendant charged with a municipal
ordinance violation may pay the standard fine and costs, as approved
by the Judge, in lieu of a Court appearance, provided that the payment
is made to the Court Clerk prior to the scheduled Court date.