There is hereby created a court in and for the city which shall
be known as the municipal court. The rules prescribed by state laws
governing trials in the state justice of the peace courts shall govern
the procedure and practice of the municipal court, and the city council
may prescribe such additional rules of practice and procedure as are
not inconsistent with state law.
(Ordinance 6-14-16-1 adopted 6/14/16)
The municipal court shall have jurisdiction within the territorial
limits of the city with power to hear and determine all cases of alleged
violations of the ordinances of the city and all other cases over
which municipal courts are generally given jurisdiction by state law.
The municipal court shall also have concurrent jurisdiction with any
justice of the peace in any precinct in which said city is situated
in all criminal cases arising under the criminal laws of this state
and arising within its territorial limits.
(Ordinance 6-14-16-1 adopted 6/14/16)
The mayor of the city shall be ex-officio judge of the municipal
court, and as such shall have and exercise the authority, jurisdiction,
and power which are conferred by law upon the judge. In case of the
absence, disqualification, or inability of the mayor, for any cause,
to act, then the mayor pro tem shall act as such judge.
(Ordinance 6-14-16-1 adopted 6/14/16)
(a)
Clerk.
The city council shall designate a city employee
to serve as ex officio clerk of the municipal court.
(b)
Duties.
The clerk shall hold office during his/her term
as prescribed by the city council. The clerk shall keep minutes of
the proceedings of the municipal court, issue all process and generally
perform the duties of the clerk of a county court, as prescribed by
law for a county clerk in so far as the same may be applicable. It
shall be the further duty of the clerk to make a monthly report of
all fines, costs, fees and collections and the disposition of all
cases, and file the same with the city council.
(Ordinance 6-14-16-1 adopted 6/14/16)
The city attorney, either in person or by deputy, shall as required
by the city council from time to time, represent the city in the prosecution
of each and every complaint, and for such representation there may
be taxed and collected as cost by the clerk of the municipal court
the same fees as are allowed in a like case to the county attorney
by the statutes of the state. Such fees when collected are to be paid
to the clerk of the city by the clerk of the municipal court.
(Ordinance 6-14-16-1 adopted 6/14/16)
(a)
Pursuant
to section 29.013, Texas Government Code, the secretary of the municipality
in a municipality with a municipal court, including a municipal court
of record, or the employee responsible for maintaining the records
of the municipality’s governing body shall notify the Texas
Judicial Council of the name of:
(b)
The
secretary or employee shall notify the judicial council not later
than the 30th day after the date of the person’s election or
appointment to office or vacancy from office.
(Ordinance 6-14-16-1 adopted 6/14/16)
Upon the conviction of any person charged with violating any
law or ordinance of the city, the judge shall enter judgment against
such person so convicted for the amount of the fine or penalty and
costs of prosecution, and upon the rendition of such judgment for
fine or penalty and costs the city shall forthwith enforce and collect
the same. Such judgment shall be that the state recover of the defendant
the amount of fine or penalty and court costs and that the defendant
remain under the jurisdiction until paid, and execution may issue
to collect the same.
(Ordinance 6-14-16-1 adopted 6/14/16)
All fines imposed by the municipal court, together with all
costs of said prosecution, when collected, shall be turned over to
the clerk of said court and by the clerk disbursed as required by
law, and any fine so collected shall be turned over the city treasurer
and placed in the proper fund of the city.
(Ordinance 6-14-16-1 adopted 6/14/16)
There shall taxed against and collected from each defendant
in case of his conviction before the municipal court such costs as
may be provided for by the laws of this state, to be collected as
if convicted before a justice of the peace.
(Ordinance 6-14-16-1 adopted 6/14/16)
The provisions of the Texas Code of Criminal Procedure now in
force regulating the amount and collection of jury and witness fees,
and for enforcing the attendance of witnesses in criminal cases tried
before a justice of the peace, shall, as far as applicable, govern
and be applicable in the trial of cases before the municipal court
of the city.
(Ordinance 6-14-16-1 adopted 6/14/16)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A card, plate, code, account number, personal identification
number, electronic serial number, mobile identification number, or
other telecommunications service, equipment, or instrument identifier
or means of account access that alone or in conjunction with other
access devices may be used to:
Any person be deemed to have been convicted if the municipal
court imposes any judgment, sentence or penalty on the person, the
person receives community service, community supervision, deferred
disposition or deferred adjudication, or the court defers final disposition
of the case or imposition of the judgment and sentence.
Offenses committed under subtitle C, title 7 of the Texas
Transportation Code being subsections 541 through 600.
A reduced-speed zone designated on a street by a local authority
to facilitate safe crossing of the street by children going to or
leaving a public or private elementary or secondary school during
the time the reduced speed limit applies.
(Ordinance 7-11-2018 adopted 7/11/18)
The fines imposed in the municipal court may be the same as
are prescribed for like offenses by the penal statutes of the state,
but shall never be greater. Where any offense is covered solely and
alone by ordinances of the city, such ordinance shall control. The
municipal court clerk shall collect and report all court costs as
required:
(1)
State court costs.
(A)
The municipal court clerk shall collect each and every court cost
statutorily mandated to be collected for the state. The municipal
court clerk shall keep a record of each court cost collected for the
benefit of the state and report the collection to the director of
finance or designee including forwarding the monies to be deposited
with the director of finance or designee as required by internal policy.
(B)
The director of finance or designee may deposit the money in an interest
bearing account. The director of finance or designee shall keep records
of the money collected and on deposit in the treasury and shall remit
the court costs collected for the benefit of the state to the comptroller
of public accounts not later than the last day of the month following
the calendar quarter in which the court costs were collected.
(C)
The director of finance or designee shall report the fees collected
for a calendar quarter categorized according to the class of offense
and shall report the court costs collected for the benefit of the
state to the comptroller of public accounts not later than the last
day of the month following the calendar quarter in which the court
costs were collected.
(D)
The municipal court clerk shall forward a completed quarterly report
form to be reviewed and confirmed by the director of finance or designee.
(E)
The director of finance or designee shall ensure the accuracy of
the report and for all fees collected for the CCC fund (consolidated
court cost fund) to be forwarded to the state. The director of finance
or designee shall retain 10% of all court costs collected, except
for court costs collected pursuant to section 542.4031, Transportation
Code, as a service fee and deposit the retained sums to the general
fund to offset administrative expenses, save and except the 10% shall
not be retained on sums not timely forwarded to the comptroller of
public accounts.
(F)
The director of finance or designee shall retain 5% of court costs
collected pursuant to section 542.4031, Transportation Code, as a
service fee and deposit the retained sums in the general fund to offset
administrative expenses, save and except the 5% shall not be retained
on sums not timely forwarded to the comptroller of public accounts.
(2)
Warrant of arrest fees.
The municipal court clerk shall
collect a warrant fee of $50.00 from any defendant upon whom a peace
officer executed a warrant issued by the municipal court at the time
of conviction. For arrests made by a state trooper, the municipal
court clerk shall report $10.00 as payable to the comptroller. Law
enforcement agencies other than state troopers and officers acting
for and on behalf of the city executing a warrant must submit a request
for payment within 15 days of the conviction in order to be paid the
warrant fee. If demand is not made within 15 days or an officer acting
for and on behalf of the city executed the warrant, the municipal
court clerk shall report the warrant fees collected as payable to
the city’s administrative fund for law enforcement. The city
shall refund the fees in cases where the defendant pleas and demonstrates
within thirty (30) days of payment of such fee that the court failed
to give the person proper notice.
(3)
Failure to appear fee.
(A)
Special expense.
The municipal court clerk shall collect
a special expense of $25.00 for the issuance and service or a warrant
of arrest from each defendant served with a warrant for failure to
appear or violation of a promise to appear. The municipal court clerk
shall report each special expense collected to the director of finance
or designee for deposit into the general funds of the city.
(B)
Contract with Texas Department of Public Safety.
At
all times that the city has a contract with the Texas Department of
Public Safety to deny renewal of licenses for individuals failing
to appear at court as directed, the municipal court clerk shall collect
an additional $30.00 administrative fee at the time of the following:
(i) the court enters judgment on the offense for which the failure
to appear was submitted; (ii) the case is dismissed; (iii) bond or
other security is posted to reinstate the charge for which the warrant
was issued; or (iv) the defendant fails to pay or satisfy a judgment
in the manner ordered by the court. Distribution of the funds shall
be as provided by agreement with the Texas Department of Public Safety.
The municipal court clerk shall maintain a copy of the agreement and
report each failure to appear fee collected as well as the distribution
of the fee to the director of finance or designee. Should a defendant
fail to pay the $30.00 administrative fee as required, the municipal
court clerk shall report such failure to the Texas Department of Public
Safety and request the department deny renewal of the defendant’s
license.
(4)
Establishment of time payment fee.
(A)
Each defendant being permitted to make payments on any part of a
fine, court cost or restitution on or after the 31st day after the
date on which a judgment is entered, including deferred adjudication
and deferred disposition, shall pay a $25.00 time payment fee on or
before the 31st day after the judgment is entered.
(B)
The municipal court clerk shall keep separate records of the time
payment fees collected. Each month 50% of the time payment fees collected
shall be forwarded to the comptroller, 40% shall be deposited in the
general revenue account of the city, and 10% shall be deposited in
the general fund of the city to be allocated to improving the efficiency
of the administration of justice in the city.
(C)
No defendant shall be permitted more than 180 days to pay fines,
fees, costs, restitution or any other fees ordered to be paid in the
judgment of the court.
(5)
Arrest fee.
The municipal court clerk shall collect
a $5.00 arrest fee with each conviction. The arrest fee shall be reported
quarterly to the comptroller of public accounts. For each citation
submitted to the municipal court by a state trooper for which a conviction
occurs, the municipal court clerk shall report $1.00 of the arrest
fee as payable to the comptroller with the remaining $4.00 being reported
as distributable to the city’s administrative fund for law enforcement.
Any law enforcement agency other than the state trooper or an officer
acting for and on behalf of the city submitting a citation to the
municipal court for which a conviction occurs, the municipal court
shall hold the $5.00 arrest fee for fifteen working days. Should the
law enforcement agency fail to claim the arrest fee in fifteen working
days after the conviction, the municipal court clerk shall report
the arrest fee as payable to the city’s administrative fund
for law enforcement. For each citation that the officer acting for
and on behalf of the city issues and a conviction occurs therefrom,
the full arrest fee shall be reported as payable to the city’s
administrative fund for law enforcement.
(6)
Dishonored check fee.
A service charge of $25.00 shall
be assessed against any person who pays the city with a check, draft
or money order which is returned unpaid for lack of sufficient funds
or closed or nonexistent account.
(7)
Peace officer’s time.
For any trial at which a
peace officer is required to testify while off duty, the municipal
court clerk shall calculate the officers’ overtime for time
spent testifying at trial and time spent traveling to or from home
if the officer was not at work that day or scheduled to be at work
and add such costs as court costs to be paid by the defendant.
(8)
Jury fee.
The municipal court clerk shall collect a
$3.00 fee from each defendant requesting a jury and being convicted
thereby or requesting a postponement or accepting a conviction less
than 24 hours before the time of trial.
(9)
Rules of the road fee.
The municipal court clerk shall
collect an additional $3.00 fee as court costs for each defendant
convicted of violating the “rules of the road.” The municipal
court clerk shall deposit the fee collected with the director of finance
or designee. Fines and fees collected for violations of the rules
of the road shall be deposited to the general fund of the city and
utilized to construct and maintain roads, bridges and culverts in
the city and to enhance the enforcement of laws regulating the use
of highways.
(10)
Establishment of administrative fees when certain charges are dismissed.
(A)
Vehicle inspection certificate.
On the finding of the
municipal court judge, having been presented credible evidence, that
a defendant remedied the failure to have a valid vehicle inspection
certificate within 10 working days of the issuance of a citation for
an expired inspection certificate which has not been expired more
than 60 days, the municipal court clerk shall collect a $10.00 administrative
fee from the defendant at the time of dismissal. Inspection certificates
expired more than 60 days on the date of the citation shall not be
dismissible on proof of correction.
(B)
Vehicle registration.
On the finding of the municipal
court judge, having been presented credible evidence, that a defendant
remedied the failure to register the motor vehicle alleged in the
offense not more than 10 working days from the date of the offense
and within the discretion of the Judge the court grants the request
to dismiss, the municipal court clerk shall collect a $10.00 administrative
fee from the defendant at the time of dismissal. Vehicle registration
corrected more than 10 working days after the date of the citation
shall not be dismissible on proof of correction.
(C)
Driver’s license proof.
On the finding of the
municipal court judge, having been presented credible evidence, that
a defendant remedied the expired driver’s license within 10
working days and within the discretion of the judge, the court grants
the request to dismiss, the municipal court clerk shall collect a
$10.00 administrative fee from the defendant at the time of dismissal.
(D)
Deferred disposition.
Defendant’s pleading no
contest or guilty and requesting defensive driving on or before the
date mandated for the first appearance date for an offense involving
operation of a motor vehicle, other than speeding more than 25 miles
per hour over the posted speed, speeding in a construction zone while
workers are present, or any other offense listed in Texas Transportation
Code sec. 45.0511(p), who has a valid state driver’s permit
or driver’s license that is not a commercial driver’s
license and adequate financial responsibility, and provides a sufficient
affidavit and records from the Texas Department of Public Safety demonstrating
that the individual has not had defensive driving in the proceeding
12 months from the date of the offense, upon granting of such request,
the municipal court clerk shall collect, in addition to the other
court costs, an administrative fee of $10.00 to be distributed to
the director of finance or designee for deposit in the general fund
of the city.
(E)
Code of ordinance violations.
On the finding of the
municipal court judge, having been presented credible evidence that
a defendant remedied the code of ordinance violation alleged in the
complaint not more than 10 working days from the issuance of the citation
and the citation is the first citation for such defendant for such
alleged violation, the municipal court clerk shall collect a $10.00
administrative fee from the defendant at the time of the dismissal.
Second offenses by the same defendant for the same alleged violation
shall not be dismissible on proof of correction.
(Ordinance 7-11-2018 adopted 7/11/18)
In addition to the court costs mandated to be collected under state statute and remitted to the comptroller as court costs and as set out in section 7.02.002, the following court costs shall be collected for each conviction as provided herein:
(1)
Child safety fund.
(A)
School crossing fee.
Each defendant convicted of violating
any provisions of the rules of the road, Transportation Code subtitle,
title 7, within a school crossing zone or convicted for passing a
school bus, in violation of Transportation Code sec. 545.066, shall
pay an additional $25.00 taxable as court costs.
(B)
Failure to attend school fee.
Each defendant convicted
of violating the Education Code sec. 25.094, thwarting compulsory
attendance, or sec. 25.094, failure to attend school, shall pay an
additional $20.00 taxable as court costs.
(C)
Collection and deposit.
(i)
The municipal court clerk shall collect such court costs, including
the school crossing fee and failure to attend school fee, and pay
such court costs to the director of finance or designee for all offenses
governed by this subsection. For all fines collected pursuant to sec.
25.093, thwarting compulsory attendance, the municipal court clerk
shall report 50% of the fine to be deposited to the credit of the
operating fund of the school district in which the child attends or
to the juvenile justice alternative education program, if the child
has been ordered to attend such a program. The remaining 50% of the
fine collected under sec. 25.093 shall be reported as payable to the
general fund of the city.
(ii)
The director of finance or designee shall deposit the $25.00
school crossing fee and the $20.00 failure to attend school fee portion
of such court costs into the “child safety fund.” The
director of finance or designee shall quarterly forward 50% of the
fine collected under sec. 25.093 payable to the school district which
the convicted children attend or, if the children were sentenced to
a juvenile justice alternative education program, the city treasure
shall forward the 50% to the program. The remaining 50% shall be deposited
to the general fund of the city.
(D)
Creation of fund.
There is hereby created a “child
safety fund” (the “CS fund”) which shall be maintained
and reported as a separate fund of the city. The CS fund may be maintained
in an interest-bearing account and may be maintained in the general
revenue account.
(E)
Designated use of the CS fund and administration.
All
school crossing fees and failure to attend school fees collected shall
be deposited in the CS fund which shall be administered by the city
council. No expenditures or withdrawals shall be made from the fund
except to finance eligible items listed in section 102.014(g), Code
of Criminal Procedure, and as authorized by a majority vote of the
city council. On the finding of the city council that an expenditure
is authorized, CS funds may be removed from the fund solely to be
used to improve child safety, including:
(2)
Municipal court security fund.
(A)
The municipal court clerk shall collect such court costs, including
the security fee, and pay such court costs to the director of finance
or designee.
(B)
The director of finance or designee shall deposit the $3.00 security
fee portion of such court costs into the “municipal court building
security fund.”
(C)
Creation of fund.
There is hereby created a “municipal
court building security fund” (the “security fund”)
which shall be maintained and reported as a separate fund of the city.
(D)
Designated use of the fund and administration.
All security
fees collected shall be deposited in the fund which shall be administered
by the city council. No expenditures or withdrawals shall be made
from the fund except to finance eligible items listed in section 102.017(d),
Code of Criminal Procedure, and as authorized by a majority vote of
the city council. On the finding of the city council that an expenditure
is authorized, security funds may be removed from the fund solely
to be used to finance items to be used for the purpose providing security
services for the municipal court of the city, including:
(i)
The purchase or repair of X-ray machines and conveying systems;
(ii)
Handheld metal detectors;
(iii)
Walkthrough metal detectors;
(iv)
Identification cards and systems;
(v)
Electronic locking and surveillance equipment;
(vi)
Bailiffs, deputy sheriffs, deputy constables or contract security
personnel during times when they are providing appropriate security
services;
(vii)
Signage;
(viii)
Confiscated weapon inventory and tracking systems;
(ix)
Locks, chains, alarms or similar security devices;
(x)
The purchase or repair of bullet-proof glass; and
(xi)
Continuing education on security issues for court personnel
and security personnel.
(3)
Technology fee.
(A)
Fee.
A $4.00 technology fee is hereby established and
imposed as a court cost to be paid by every person convicted of a
misdemeanor in the municipal court, pursuant to article 102.0172 of
the Code of Criminal Procedure. The technology fee shall be charged
for each separate case, matter or charge upon which any person is
convicted in the municipal court.
(B)
Collection and deposit.
(i)
The municipal court clerk shall collect such court costs, including
the technology fee, and pay such court costs to the director of finance
or designee for all offenses governed by this subsection.
(ii)
The director of finance or designee shall deposit the $4.00
technology fee portion of such court costs into the “municipal
technology fund.”
(C)
Creation of fund.
There is hereby created a “municipal
technology fund” (the “technology fund”) which shall
be maintained and reported as a separate fund of the city. The fund
may be maintained in an interest-bearing account and may be maintained
in the general revenue account.
(D)
Designated use of the fund and administration.
All technology
fees collected shall be deposited in the fund which shall be administered
by the city council. No expenditures or withdrawals shall be made
from the fund except to finance eligible items listed in section 102.0172(d),
Code of Criminal Procedure, and as authorized by a majority vote of
the city council. On the finding of the city council that an expenditure
is authorized, technology funds may be removed from the fund solely
to be used to finance the purchase of technological enhancements for
the municipal court of the city, including:
(i)
Computer systems;
(ii)
Computer networks;
(iii)
Computer hardware;
(iv)
Computer software;
(v)
Imaging systems;
(vi)
Electronic kiosks;
(vii)
Electronic ticket writers;
(viii)
Docket management systems; or
(ix)
Service and maintenance agreements for technological enhancements
purchased pursuant to this section.
(4)
The
municipal court clerk shall report each fine collected for violations
committed after September 1, 2001, of the requirements to wear a seat
belt contrary to sec. 545.412 and sec. 545.413(b), Transportation
Code, which require a person to transporting a child under the age
of seventeen to secure the child with a safety belt or in a passenger
safety seat system. The report shall designate 50% of each fine as
funds to be remitted to the comptroller annually. The director of
finance shall maintain the seat belt funds in a separate interest
bearing account and annually remit 50% of all fines collected from
defendants for violations sec. 545.412 and sec. 545.413(b), Transportation
Code. The director of finance shall retain the entire fine for violations
of sec. 545.413(a), which requires persons at least 15 years of age
riding in the front seat of a passenger vehicle to wear a safety belt,
and deposit said fine with the city pursuant to this article and applicable
internal policy.
(Ordinance 7-11-2018 adopted 7/11/18)
The municipal court judge may hold a hearing to determine the
economic capabilities of any defendant filing a written motion seeking
a finding of the court that the defendant is per se indigent and each
alternative method of discharging the fine or costs of court under
CCP sec. 43.09 would impose an undue hardship on the defendant. The
municipal court judge shall review the motion of the defendant, including
any another evidence deemed necessary, and on a finding that defendant
is indigent as a matter of law and that the alternative methods of
discharge would work an undue hardship on the defendant the municipal
court judge may waive payment of any fines or costs for which the
defendant has defaulted.
(Ordinance 7-11-2018 adopted 7/11/18)
As provided in the ordinances of the city and state statutes,
the municipal court judge shall assess fines and court costs against
each defendant entering a plea of guilty or no contest or based on
the verdict of the court or jury finding a defendant guilty. Defendants
having not timely appealed the judgment of the court and who fail
to timely pay fines, fees, costs or restitution as ordered shall be
subject to permitted post-judgment collection procedures.
(1)
Capias pro fine.
The municipal court judge may order
a capias pro fine be issued for any defendant failing to satisfy a
judgment of the court according to the terms of the judgment. The
municipal court clerk shall ensure that each capias states the amount
of the judgment and sentence and commands a peace officer to bring
the defendant before the court or place the defendant in jail until
the defendant can be brought before the court.
(2)
Commitment.
Defendants failing to satisfy any judgment
may be committed as provided in the Code of Criminal Procedure to
satisfy the judgment. Any defendant committed to jail serving less
than 8 consecutive hours in jail shall not be given credit for time
served. The court may specify a period of time that is not less than
eight hours or more than 24 hours as the period for which a defendant
who fails to pay the fines and costs in the case must remain in jail
to satisfy $50.00 of the fine and costs. Defendants committing offenses
prior to January 1, 2004 shall receive $100.00 credit for each time
period served.
(3)
Private collection contract.
At all times that the city
council has authorized a private collection contract with a private
attorney or a public or private vendor for collection services relating
to fines, fees, restitution or other debts or costs, other than forfeited
bonds, the municipal court is authorized to collect an additional
30% on each such debt or account receivable that is more than 60 days
past due and has been collected as a result of the action of a duly
authorized contractor. The municipal court clerk shall report the
30% as payable to the contractor. Should the contractor collect less
than the full sum due from defendant, the municipal court clerk shall
ensure that the payment is distributed first in an amount sufficient
to fully compensate the contractor and then in equal shares to the
comptroller and the city until the comptroller is paid in full.
(4)
Civil assessment against property.
The municipal court
judge may review judgments in which the defendant has defaulted in
payment, either in whole or part after sentencing, and may order the
fine and costs be collected by execution against the defaulting defendant’s
property in the same manner as a judgment in a civil suit.
(Ordinance 7-11-2018 adopted 7/11/18)
The following service charge for copying governmental and public
records shall be as follows:
(1)
For
readily available information on standard size pages (up to 8-1/2"
x 14"), the copying charge shall be $0.25 per page.
(2)
For
information which is not readily available, the copying charge shall
be $0.15 per page plus actual labor costs incurred by the city in
providing the requested information.
(3)
In
addition, the city may also add any postal expenses which may be necessary
to transmit the reproduced documents to the requesting party.
(4)
The
city secretary shall establish the copying or reproduction charge
for nonstandard sized pages or documents (maps, books, etc.).
(Ordinance 7-11-2018 adopted 7/11/18)
The city shall pay each person appearing in response to a duly
notice jury summons $6.00 for service in municipal court for each
day or fraction of each day they serve as a juror.
(Ordinance 7-11-2018 adopted 7/11/18)
The municipal court clerk shall separately file from the records
of any case in the municipal court any documents collected, assembled
or otherwise maintained containing a credit card, debit card charge
card, or other access device number. The municipal court clerk shall
redact the e-mail address from any communications received via e-mail
or shall maintain such documents separately of the documents of the
case. The e-mail address of any individual communicating with the
court shall not be disclosed to a member of the public without express
consent of the individual. Any requests for documents containing this
information shall be immediately referred to the city attorney’s
office.
(Ordinance 7-11-2018 adopted 7/11/18)
(a)
Vehicles.
In any prosecution charging a violation of
this article governing the stopping, standing or parking of a vehicle,
proof that the particular vehicle described in the complaint was parked
in violation of this article, together with proof that the defendant
named in the complaint was, at the time of such parking, the registered
owner of such vehicle, shall constitute in evidence a prima facie
presumption that the registered owner of such vehicle was the person
who parked or placed such vehicle at the point where, and for the
time during which, such violation occurred.
(b)
Properties.
In any prosecution charging a violation
regarding nuisances upon a property, the failure to comply with any
notice or order regarding a nuisance on a property or building in
violation of an ordinance of the city, including but not limited to
failure to apply for a building permit or other permit or license
required herein, proof that the particular property described in the
complaint was in violation of an ordinance regulating the property,
together with proof that the defendant named in the complaint was,
at the time of such notice, violation or order or at the time when
work was performed without a permit, the registered owner of such
property, shall constitute in evidence a prima facie presumption that
the registered owner of such property was the person who failed to
comply with the notice or order or failed to apply for a permit for
the time during which such violation occurred in violation of the
charged ordinance of the city.
(c)
Animals.
In any prosecution charging a violation of
an ordinance or statute regulating or governing the abuse, neglect
or ownership of an animal or failure to license an animal as required,
proof that the particular property described in the complaint was
the premises upon which the animal resided, was harbored or maintained
and a violation of an ordinance or statute regulating or governing
the animal alleged in the complaint together with proof that the defendant
named in the complaint was, at the time of such complaint or at the
time when the animal was in violation of said ordinance or statute,
the registered owner of such animal or the person with legal rights
to reside on said property, shall constitute in evidence a prima facie
presumption that the registered owner of such property or the person
with legal rights to reside on said property was the owner of the
animal and the person who failed to comply with or violated the ordinance
or statute.
(Ordinance 7-11-2018 adopted 7/11/18)
