[1]
Editor's Note: For provisions concerning licenses to engage
in business of bail bond brokers, see Section 5-1 of this chapter.
As to amount of license tax, see Section 5-2.
[Ord. #330, § 1; 1958 Code § 5.1]
As used in this section:
Shall mean any person, other than a surety company authorized
by law to furnish bond, who, for hire, furnishes, negotiates or purports
to furnish bail or act as surety upon any bail bond or undertaking
in any criminal action in any court in the City.
[Ord. #330, §§ 11, 12; 1958 Code § 5.2]
Every bail bond broker, immediately upon being issued a permit required by subsection 5-15.13 of this chapter, shall file with the City Clerk a bond or undertaking in the sum of five thousand ($5,000.00) dollars conditioned that he will faithfully comply with the provisions of this section and will pay all loss or damage that may result to any person from any false representation by such broker, his agents or employees, as to the arrest, or cause of arrest, or amount of bail, or seriousness of the offense of any defendant or prisoner, or which may arise or result from violations of any of the provisions of this section or the laws of the State or the United States in respect to the bail bond business or the conduct thereof.
Such undertaking must contain the conditions that it may be
taken advantage of and be sued upon by the City, and that any person
who may be injured or aggrieved by the acts of the bail bond broker
may bring suit on such undertaking, in his own name, without an assignment
thereof.
[Ord. #330, §§ 13, 14; 1958 Code § 5.3]
The bond or undertaking required by subsection 5-15.2 must be signed by two (2) or more sufficient sureties, each of whom must be a resident and householder or freeholder within the State and be worth the sum specified in the bond or undertaking over and above all his debts and liabilities, exclusive of property exempt from execution or forced sale. In lieu of this, such bond or undertaking may be furnished by a responsible surety company authorized by law to furnish bonds in the State.
Whenever it is made to appear to the satisfaction of the Council
that any surety upon any bond or undertaking required by this subsection
has, for any reason, become insufficient, the Council may, upon notice,
order the giving of a new bond or undertaking with sufficient sureties
in lieu of such insufficient bond or undertaking.
[Ord. #330, § 13; 1958 Code § 5.4]
The bond or undertaking required by this section must be approved
by the Council.
[Ord. #330, § 16; 1958 Code § 5.5]
No bail bond broker shall make it a condition to the furnishing
of bail that the defendant or prisoner, or anyone on his behalf, shall
engage the services of any particular attorney to represent such defendant
or prisoner.
[Ord. #330, § 22; 1958 Code § 5.6]
A bail bond broker must secure the written order of every defendant or prisoner from whom or on whose behalf bail may be furnished or deposited, which order must be in form requesting such broker to furnish or provide the bail provided. Such order must be kept on file with the book of record provided for in subsection 5-15.7 of this chapter.
[Ord. #330, § 17; 1958 Code § 5.7]
Each bail bond broker must keep at his office a well bound record
in which he must enter in ink and in legible writing, in the English
language, at the time of each transaction:
a.
The names and home addresses of all defendants for whom he has furnished
or deposited bail.
b.
The date and hour of each such transaction.
c.
The offense or charge for which the arrest was made.
d.
The name or number of the court before whom the case was heard or
set for hearing or trial.
e.
The amount of bail.
f.
The character of any property, cash, bonds or other security deposited
as bail.
g.
The names and addresses of any person agreeing to indemnify such
bail bond broker against loss or liability on account of the furnishing
or depositing of such bail.
h.
The character of any property, real or personal, deposited, pledged
with or assigned to such bail bond broker to indemnify him against
loss or liability in respect to such bail.
i.
The amount of the fees or commissions charged.
j.
The name of the employee or other person negotiating the transaction
for the furnishing of the bail, or arranging details of the same.
[Ord. #330, § 18; 1958 Code § 5.8]
The records required by subsection 5-15.7 shall be open to the inspection of any court official, the District Attorney and the Chief of Police and his representatives.
[Ord. #330, § 19; 1958 Code § 5.9]
Each bail bond broker shall, on demand, furnish to the Chief of Police a legible and complete copy of any record kept in compliance with subsection 5-15.7 of this chapter, and the Chief of Police shall, upon receipt of such reports, file the same in some secure place in his office, and the same shall be open for inspection only to the Police Department of the City or upon an order of the court duly made for that purpose.
[Ord. #330, § 20; 1958 Code § 5.10]
The Chief of Police shall secure such blanks or forms as may
be necessary to meet the requirements of this section relative to
records and reports and shall deliver the same to the persons from
whom such reports are required upon request and free of charge.
[Ord. #330, § 26; 1958 Code § 5.11]
Any contract or agreement of any nature in conflict with the
provisions of this section shall be null and void.
[Ord. #330, § 29; 1958 Code § 5.12]
Nothing in this section shall be construed as to interfere with
any of the duties, powers or functions of any judge or magistrate
of any court in accordance with the provisions of the Penal Code of
the State relative to bail, or with the constitutional rights of any
defendant in any criminal action, or of any prisoner to be released
on bail; nor shall the validity of any bail or undertaking filed in
any court be affected by this section.
[Ord. #330, § 3; 1958 Code § 5.13]
It shall be unlawful for any person to engage in the business
of or advertise or hold himself out to the public, as agent or principal,
as a bail bond broker without first obtaining a permit therefor from
the City Council.
[Ord. #330, §§ 4, 5; 1958 Code § 5.14]
Application for a permit required by subsection 5-15.13 shall be filed in writing with the City Clerk.
Such application shall distinctly and specifically state the
following information:
a.
The name, address and residence of the applicant.
b.
The names, addresses and residences of all associates and employees
in the bail bond business.
c.
The location of the proposed place of business, or office thereof,
and the name under which the business shall be known.
d.
The present and proposed occupation or business, if any, of the applicant,
other than that of bail bond broker.
e.
The tangible assets and property of the applicant, exclusive of property
exempt from execution and forced sale, which it is intended to use
in the business, including a legal description of the real estate
to be so used, showing all encumbrances thereupon.
[Ord. #330, § 6; 1958 Code § 5.15]
The application for a permit required by this section must be
signed by the applicant, or each member of an applying association,
verified under oath, and be endorsed by five (5) residents of the
City not related to or associated with the applicant who must vouch
for the applicant's honesty, integrity and good character.
[Ord. #330, § 7; 1958 Code § 5.16]
Upon receipt of an application under this section the Council
shall immediately refer it to the Chief of Police for investigation,
who shall report to the Council his findings and recommendations in
the premises.
[Ord. #330, §§ 8, 9; 1958 Code § 5.17]
Not less than seven (7) days after the reference to the Chief of Police referred to in subsection 5-15.16 the Council shall hold a public hearing upon the permit application. Upon such hearing, or any continuance thereof, and in granting or refusing such permit, and in specifying the conditions, if any, upon which it may be granted, the Council shall consider the honesty, character and integrity of the applicant, the facts and circumstances stated or referred to in the application and the report of the Chief of Police, and any other pertinent facts which may be brought to its attention and shall exercise a reasonable and sound discretion in the premises.
[Ord. #330, § 15; Ord. #344; 1958 Code § 5.18]
A permit issued under this section shall not become effective until the license tax prescribed in subsection 5-2.2 of this chapter is paid.
[Ord. #330, § 10; 1958 Code § 5.19]
No permit granted under the provisions of this section shall
be assignable; nor shall the same be loaned to or used by any other
person.
[Ord. #330, § 21; 1958 Code § 5.20]
Each bail bond broker must advise the Chief of Police promptly of any change which may take place in respect to the names of agents or employees, location of business and other information furnished in the application provided for in subsection 5-15.14 of this chapter.
[Ord. #330, §§ 23 to 25; 1958 Code § 5.21]
For failure to comply with any provision of this chapter or
other ordinance or law, or for other cause having relation to the
bail bond business or the conduct thereof, the Council, on its own
initiative or upon the complaint of any person, shall have power to
revoke any permit granted under this section, upon five (5) days'
notice of an order to show cause forwarded by registered mail by the
City Clerk, with postage prepaid to the holder of such permit at the
address stated in his application. Such order may be personally served
upon the permittee. The affidavit of the City Clerk shall be conclusive
of the mailing or personal service of such order.
A public hearing shall be had by the Council upon such order
to show cause, at a regular meeting thereof. In revoking any such
permit, the Council shall exercise a like discretion as in granting
or refusing permits.
