There is hereby created in accordance with section
25 of the charter of the city the judicial department. The administrative head of the judicial department shall be the municipal judge.
(1970 Code, sec. 15-1/2-1; Ordinance 2336, sec. 1, adopted 6/27/77; Ordinance 87-050, sec. 1, adopted 9/14/87; Ordinance 98-031, sec. 1, adopted 7/13/98; 1988
Code, sec. 18-1)
The purpose of the judicial department shall be to house the
judicial branch of the city and to conduct the business of the municipal
court.
(1970 Code, sec. 15-1/2-2; Ordinance 2336, sec. 1, adopted 6/27/77; Ordinance 87-050, sec. 1, adopted 9/14/87; 1988 Code, sec. 18-2)
The municipal judges shall be appointed in accordance with section
27 of the charter of the city at such salary as may be fixed by the city council. The municipal judge shall preside over the municipal court of the city with the power and authority to establish municipal court rules as permitted by the laws of the state.
(1970 Code, sec. 15-1/2-3; Ordinance 87-050, sec. 1, adopted 9/14/87; 1988 Code, sec. 18-3)
The city attorney shall act as municipal court prosecutor or
shall have the power to appoint a municipal court prosecutor, subject
to the approval of the city council, at such compensation as may be
fixed by the city council.
(1970 Code, sec. 15-1/2-4; Ordinance 87-050, sec. 1, adopted 9/14/87; 1988 Code, sec. 18-4)
The city manager shall appoint a municipal court clerk who shall
be recommended by the municipal judge.
(1970 Code, sec. 15-1/2-5; Ordinance 87-050, sec. 1, adopted 9/14/87; Ordinance 88-016, sec. 1, adopted 5/9/88; Ordinance 98-031, sec. 2, adopted 7/13/98; 1988
Code, sec. 18-5)
The city manager shall appoint deputy municipal court clerks
upon recommendation of the municipal court clerk as necessary to assure
timely processing of municipal court cases. Deputy clerks may lawfully
perform all duties imposed upon the clerk and are authorized to administer
oaths for the swearing of complaints filed in the municipal court,
make certificates, and affix the seal of such court.
(1970 Code, sec. 15-1/2-6; Ordinance 88-016, sec. 2, adopted 5/9/88; 1988 Code, sec. 18-6; Ordinance
adopting 2021 Code)
(a) The
city manager shall appoint one (1) or more municipal court bailiffs,
who may serve on a full-time or a part-time basis, with the appointment
of said bailiff(s) being made upon the recommendation of the municipal
court judge.
(b) The
duties and responsibilities of the bailiff shall be those same duties
and responsibilities as fulfilled by bailiffs pursuant to the Texas
Code of Criminal Procedure, including any and all responsibilities
and duties as shall be designated by the municipal court judge.
(c) The
bailiff or bailiffs appointed as provided herein shall in all things
report to and be subject to the exclusive supervision of the municipal
court judge.
(d) As
a prerequisite to performing the responsibilities of bailiff as set
out herein, any person appointed as bailiff shall have such minimum
certifications and prerequisites as shall be established by state
law and by the city manager and municipal court judge.
(e) All costs associated with the services of one (1) or more bailiffs, including salary, benefits, or other appropriate costs, shall be paid exclusively from funds held in the municipal court building security fund as the same has been established pursuant to section
2.09.043(a)(2) of the Code of Ordinances of the city.
(Ordinance 2005-025, sec. 2, adopted 6/13/05; 1988 Code, sec. 18-7)
(a) A
person who reports for jury service in response to a summons from
the municipal court of the city is entitled to receive as reimbursement
for travel and other expenses the sum of six dollars ($6.00) per day
from the city.
(b) The
municipal court clerk shall prepare and forward a list of persons
entitled to receive a juror fee to the finance department following
each jury trial docket held.
(Ordinance 2007-028, sec. 2, adopted 9/10/07; 1988 Code, sec. 18-8)
Hierarchal governance shall be the following: the Constitution
of the United States, those federal statutes which control states
under the supremacy clause, the Constitution of Texas, the Texas Code
of Criminal Procedure, the Texas Penal Code, Texas Civil Statutes,
the charter of the city, ordinances of the city, Texas Rules of Criminal
Evidence and the Common Law of England.
(1970 Code, sec. 15-1/2-11; Ordinance 87-042, sec. 1, adopted 8/19/87; 1988 Code, sec. 18-21)
(a) The
municipal court has exclusive original jurisdiction within the city
limits in all criminal cases that:
(1) Arise under the ordinances of the city;
(2) Are punishable only by a fine not to exceed:
(A) Two thousand dollars ($2,000.00) in all cases arising under city
ordinances that govern fire, safety, zoning, and public health and
sanitation;
(B) Four thousand dollars ($4,000.00) in all cases arising under city
ordinances that govern the dumping of refuse; or
(C) Five hundred dollars ($500.00) in all other cases.
(b) The
municipal court has concurrent jurisdiction with the justice court
of the precincts in which the city is located in all criminal cases
arising under state law that:
(1) Arise within the city limits; and
(2) Are punishable by a fine only as defined in subsection
(c) hereof.
(c) In
this section, 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 or
imprisonment that are rehabilitative or remedial in nature.
(d) The
fact that a conviction in municipal court has as a consequence the
imposition of a penalty or sanction by an agency or entity other than
the court, such as a denial, suspension or revocation of a privilege,
does not affect the original jurisdiction of the municipal court.
(e) The
municipal court has jurisdiction in the forfeiture and final judgment
of all bail bonds and personal bonds taken in criminal cases of which
the court has jurisdiction.
(1970 Code, sec. 15-1/2-13; Ordinance 87-042, sec. 1, adopted 8/19/87; Ordinance 96-052, sec. 1, adopted 9/9/96; 1988 Code, sec. 18-22; Ordinance adopting 2021 Code)
(a) The
municipal court is authorized and empowered to enforce by execution
on the property of the defendant, or imprisonment of the defendant,
the collection of all fines imposed by the court, not inconsistent
with the laws of the state. The following special expenses and fees
are hereby established as follows:
(1) Special expense for dismissal of certain cases.
A special expense as set forth in the fee schedule in appendix
A of this code for services performed in cases in which the laws of the state require that the case be dismissed because of actions by or on behalf of the defendant which were subsequent to the date of alleged offense, being subsection
(b)(1), article 45.541 [45.0511], Code of Criminal Procedure, permitting the taking of a driving safety course to bring about dismissal of such action.
(2) Security fund fee.
A security fee, upon conviction of a misdemeanor offense in municipal court, in the amount set forth in the fee schedule in appendix
A of this code, for the municipal court building security fund. In accordance with section 102.017 of the Code of Criminal Procedure, the fund may be used only to finance items when used for the purpose of providing security services for buildings housing a municipal court as appropriate, including:
(A) The purchase or repair of X-ray machines and conveying systems;
(B) Hand-held metal detectors;
(C) Identification cards and systems;
(D) Electronic locking and surveillance equipment;
(E) Bailiffs or contract security personnel during times when they are
providing appropriate security services;
(G) Confiscated weapon inventory and tracking systems;
(H) Locks, chains, alarms, or similar security devices;
(I) The purchase or repair of bullet-proof glass; and
(J) Continuing education on security issues for court personnel and security
personnel.
(3) Technology fund fee.
A technology fee, upon conviction of a misdemeanor offense in municipal court of offenses committed on or after the effective date of this section, in the amount set forth in the fee schedule in appendix
A of this code, for the municipal court technology fund. In accordance with article 102.0172, Code of Criminal Procedure, the fund may be used only to finance the purchase of or to maintain technological enhancements for the municipal court, including:
(G) Electronic ticket writers; and
(H) Docket management systems.
(4) Collection fee.
(A) A collection fee, in the amount set forth in the fee schedule in appendix
A of this code, on all unpaid fines, fees, court costs, or other charges lawfully assessed by the municipal court in accordance with state law, provided the city enters into a contract with a private attorney or private vendor pursuant to chapter 103, article 103.0031, Texas Code of Criminal Procedure and provided further that said fines, fees, court costs, or other charges are more than sixty (60) days past due and have been referred to the aforesaid attorney or vendor for collection. The collection fee shall not apply to a case that has been dismissed by the court or to any amount that has been satisfied through time-served credit or community service. The collection fee may be applied to any balance remaining after a partial credit for time served or community service if the balance is more than sixty (60) days past due. Unless the contract provides otherwise, the court shall calculate the amount of any collection fee due to the private attorney or private vendor performing the collection services and shall receive all fees, including the collection fee. With respect to cases in which fines, fees, costs, or other charges are assessed and the accused has failed to appear, the amount to which the thirty (30) percent collection fee applies is the amount to be paid that is communicated to the accused as acceptable to the court under its standard policy for resolution of the case, if the accused voluntarily agrees to pay that amount; or the amount ordered paid by the court after plea or trial. A defendant is not liable for the aforesaid collection fees authorized herein if the court has determined the defendant is indigent, or has insufficient resources or income, or is otherwise [unable] to pay all or part of the underlying fine, fee, cost, or other charges. If a person pays an amount that is less than the aggregate total to be collected, the amount paid to the state comptroller, the city, and the private attorney or vendor shall be reduced proportionately. For purposes of this subsection, an item subject to collection services as provided herein and to the additional collection fee authorized herein is considered more than sixty (60) days past due if it remains unpaid on the sixty-first day after the following appropriate date:
(i)
With respect to fines, fees, court costs, or other charges other
than for those imposed in which the accused has failed to appear,
the date on which the debt, fine, fee, cost, or other charges must
be paid in full as determined by the court; or
(ii)
With respect to fines, fees, court costs, or other charges assessed
in which the accused has failed to appear, the date by which the accused
promised to appear or was notified, summoned, or ordered to appear.
The collection fee so authorized hereunder may not be used by the
city for any purpose other than compensating the private attorney
or private vendor who earns the fee.
(b) A
person is considered convicted if:
(1) A sentence is imposed on the person;
(2) The person is placed on community supervision, including deferred
adjudication community supervision; or
(3) The court defers final disposition of the person’s case.
(c) All
such fines and fees collected under this section shall be paid into
the city treasury for the use and benefit of the city or as the laws
of the state direct and shall be administered by or under the direction
of the governing body of the municipality.
(1970 Code, sec. 15-1/2-14; Ordinance 87-050, sec. 1, adopted 9/14/87; Ordinance 95-034, sec. 1, adopted 8/14/95; Ordinance 99-052, sec. 1, adopted 7/12/99; Ordinance 2003-040, sec. 1, adopted 9/8/03; Ordinance 2005-004, sec. 2, adopted 1/10/05; 1988 Code, sec. 18-23; Ordinance adopting 2021 Code)
(a) Definitions.
For purposes of this section:
Code inspector
means the code inspectors of the city, as the same shall
be designated by the city manager.
Search warrant
means a written order, issued by the municipal court judge
and directed to any code inspector, commanding him or her to enter
onto specified property, including structures, to determine the presence
of a violation or violations of any ordinance or ordinances of the
city.
(b) Interference.
Any person interfering with the execution
of a lawful search warrant issued pursuant to this section shall be
guilty of a misdemeanor, the penalty for which is not to exceed five
hundred dollars ($500.00).
(c) Conflicts.
Nothing in this section shall be construed
to conflict with any state or federal law, and the authority granted
herein shall be in addition to any rights granted by state or federal
law.
(d) Authority to seek and issue search warrant.
Code inspectors
are hereby authorized to seek and obtain search warrants from the
municipal court judge, as provided in this section, before making
any inspection incidental to the enforcement of any provision in this
code. The municipal court judge is hereby authorized to issue such
warrants subject to the requirements of this section. No warrant issued
under this section shall include the authority to make arrests or
to seize tangible property, and no code inspector executing such a
warrant is authorized to make any arrests or seize any tangible property.
(e) Probable cause.
No search warrant shall be issued pursuant
to this section except on the presentation of evidence of probable
cause to believe that a violation or violations are present in the
premises sought to be inspected. In determining probable cause, the
municipal court judge is not limited to evidence of specific knowledge,
but may consider any of the following:
(1) The age and general condition of the premises;
(2) Previous violations or hazards found present in the premises;
(4) The purposes for which the premises are used; and
(5) The presence of hazards or violations in the general condition of
premises near the premises sought to be inspected.
(f) Affidavit required.
A sworn affidavit setting forth
substantial facts towards establishing probable cause shall be filed
in every instance in which a search warrant is requested.
(g) Contents of warrant.
A search warrant issued pursuant
to this section shall be sufficient if it contains the following requisites:
(1) That it run in the name of “The State of Texas”;
(2) That it identify, as near as may be, the premises to be inspected;
(3) That it command a code inspector to inspect forthwith the premises
described; and
(4) That it be dated and signed by the municipal court judge.
(h) Execution.
A code inspector to whom a search warrant
is delivered shall execute it without delay and forthwith return it
to the municipal court judge. It must be executed within three (3)
days from the time of its issuance, and shall be executed within a
shorter period if so directed in the warrant by the municipal court
judge. On searching the place ordered to be searched, the code inspector
executing the warrant shall present a copy of the warrant to the owner
of the place, if he is present on the premises to be searched. If
the owner of the place is not present but a person who is present
is in possession of the place, the code inspector shall present a
copy of the warrant to the person. If neither the owner nor a person
in possession of the property is present when the code inspector executes
the warrant, the code inspector shall leave a copy of a warrant at
the place by affixing it to the front door of the building or premises
inspected. In every instance, entry shall be effected using the minimum
force necessary according to the circumstances.
(i) Computation of time for execution of warrant.
The time
allowed for the execution of a search warrant shall be three (3) whole
days, exclusive of the day of its issuance and of the day of its execution.
The municipal court judge shall endorse on such search warrant the
date and hour of the issuance of the same.
(j) Power of code inspector executing warrant.
In the execution
of the search warrant, the code inspector may call to his or her aid
any peace officer or any number of citizens in the city, who shall
be bound to aid in the execution of the warrant.
(k) Return of warrant.
Upon returning the search warrant,
the code inspector shall state on the back of the warrant, or on some
paper attached to it, the manner in which it has been executed and
shall likewise deliver to the municipal court judge a copy of the
report resulting from that inspection.
(l) Records.
The municipal court judge shall keep a record
of all proceedings had before the court in the cases of search warrants
as part of the official records of the court.
(m) Penalty.
Any person violating subsection
(b) of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined in any sum not to exceed $500.00.
(Ordinance 2002-027, secs. 2, 3,
adopted 5/13/02; 1988 Code, sec.
18-24)
A code inspector of the city is hereby granted the authority
to initiate and begin municipal court prosecution against a person
for a violation of the Code of Ordinances of the city in the city
municipal court by the issuance of a citation, a copy of which citation
shall be given to the person so charged at the time the citation is
issued. The original of the citation shall be filed with the clerk
of the municipal court of the city, a copy of the citation shall be
given to the person charged with a violation of the Code of Ordinances
of the city, and a copy shall be kept by the code inspector. The citation
shall specifically identify the date, time, place and specific section
of the Code of Ordinances that has been violated. It shall include
the name, address, telephone number and any other pertinent identifying
information of the person so charged, the name of the code inspector,
and the telephone number and address of the municipal court of the
city. It shall also include the wording, “You are hereby notified
to appear in the Municipal Court of the City of Paris, Texas at 2910
Clarksville Street on or before the expiration of ten (10) days of
the date of this citation to answer a complaint for the offense of:
________________,” which wording shall be in bold print and
in a font larger than the rest of the wording that appears on the
citation. The citation shall also include wording that a failure to
appear after ten (10) days of the issuance of the citation constitutes
a separate offense.
(Ordinance 2007-052, sec. 2, adopted 11/12/07; 1988 Code, sec. 18-25)
It shall be unlawful for a person to intentionally or knowingly fail to appear in the municipal court for the city following the expiration of ten (10) days after the issuance of a citation for violation of the Code of Ordinances of the city, which citation has been issued by a code inspector of the city, and a copy of which was given to that person. It is a defense to prosecution under this section that the person had a reasonable excuse, capable of being verified, for his failure to appear. A person commits a misdemeanor in violation of this section regardless of the disposition of the charge or charges made in the citation. A person violating this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in accordance with section
1.01.009 of the Code of Ordinances of the city.
(Ordinance 2007-052, sec. 3, adopted 11/12/07; 1988 Code, sec. 18-26)