TITLE 3 MUNICIPAL COURT 1 CHAPTER 1. CITY JUDGE. 2. COURT ADMINISTRATION. 3. WARRANTS, SUMMONSES AND SUBPOENAS. 4. BONDS AND APPEALS.

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1 3-1 TITLE 3 MUNICIPAL COURT 1 CHAPTER 1. CITY JUDGE. 2. COURT ADMINISTRATION. 3. WARRANTS, SUMMONSES AND SUBPOENAS. 4. BONDS AND APPEALS City judge. CHAPTER 1 CITY JUDGE City judge. The city court shall be presided over by a city judge appointed by the board of commissioners. (1975 Code, 1-501) 1 Charter references For provisions of the charter governing the city judge and city court operations, see Tennessee Code Annotated, title 6, chapter 21, part 5. For specific charter provisions in part 5 related to the following subjects, see the sections indicated: City judge: Appointment and term: Jurisdiction: Qualifications: City court operations: Appeals from judgment: Appearance bonds: Arrest warrants: Docket maintenance: Fines and costs: Amounts: , Collection: Disposition: Charter reference City judge: and related Priv. Acts 1974, ch. 275 (page C-59).

2 Change 2, May 12, CHAPTER 2 COURT ADMINISTRATION Maintenance of docket Imposition of penalties and costs Disturbance of proceedings Trial and disposition of cases Penalty for certain violations Failure to appear Maintenance of docket. The city judge shall keep a complete docket of all matters coming before him in his judicial capacity. The docket shall include for each defendant such information as his name; warrant and/or summons numbers; alleged offense; disposition; fines and costs imposed and whether collected; whether committed to workhouse; and all other information that may be relevant. (1972 Code, 1-502) Imposition of penalties and costs. All penalties and costs shall be imposed and recorded by the city judge on the city court docket in open court. In all cases heard or determined by him, the municipal judge shall tax an amount of one hundred ten dollars ($110.00) for court costs. (1975 Code, 1-508, modified, as replaced by Ord. #146/2010, April 2010, and Ord. #156/2010, Dec. 2010) Disturbance of proceedings. It shall be unlawful for any person to create any disturbance of any trial before the city court by making loud or unusual noises, by using indecorous, profane, or blasphemous language, or by any distracting conduct whatsoever. (1975 Code, 1-509) Trial and disposition of cases. Every person charged with violating a municipal ordinance shall be entitled to an immediate trial and disposition of his case, provided the city court is in session or the city judge is reasonably available. However, the provisions of this section shall not apply when the alleged offender, by reason of drunkenness or other incapacity, is not in a proper condition or is not able to appear before the court. (1975 Code, 1-506) Penalty for certain violations. The city hereby adopts the following list as penalties against the listed city ordinance violations.

3 Change 2, May 12, TCA CHARGE FINE SPEEDING ALL Disregarding stop sign Disregarding railroad crossing signal Child restraint Seatbelt violation st violation; nd violation Following too closely Reflecterized windows Violation bumper law No drivers license on person Address change D.L. 10 days Passing a stopped school bus (lights flashing) Opposing traffic (drive in oncoming lane) Tenn. D. L. required within 30 days Improper passing (no passing zone) Improper passing (must pass safely) Improper passing (passing on right shoulder) Impeding traffic (driving too slow) Failure to signal (improper turn no signal) Failure to yield right-of-way Failure to yield (to emergency vehicles) Littering Driving while drivers view obstructed Light law violation (front or rear light out) Light law violation (headlight on in bad weather) Improper backing Parking violation (city generally) Parking violation (angle parking) Parking violation (city more than one space) Parking violation (city where prohibited) Parking violation (city loading zone) Parking violation (city large truck parking residential dist.) Parking violation (city parking of non-motorized equipment street) Handicap parking violation Failure to obey police officer traffic signals Improper u-turn Hauling trash without some type of cover Vehicle owner allowing anyone 16 to drive without license Obstructing traffic Expired registration (must be 30 days old) Improper display of registration tag mounted wrong place Improper registration (wrong tag on vehicle)

4 Change 2, May 12, TCA CHARGE FINE Light law violation (trailers must have red light on rear) Windshield must have wipers Use of off road vehicles on roadway Regis This is only a bond schedule and does not negate the officer's power of discretion whereby a warning or mandatory court required. Juvenile tickets (under eighteen (18) must appear with parent). All juveniles living outside Fayette County may pay fines and not have to appear. Any charge not on list: Disorderly conduct Violation of health/sanitation ordinance Failure to appear Noise (loud music etc.) Loitering (Ord. #82-98, Sept. 1998, modified, as amended by Ord. #135/2008, Oct. 2008, and Ord. #144/2009, Dec. 2009, and replaced by Ord. #145/2009, Dec. 2009, and Ord. #146/2010, April 2010) Failure to appear. Any person who fails to appear in city court to answer a summons or citation for the violation of any ordinance or provision of this code shall be guilty of a civil offense and upon conviction shall pay a penalty of not less than one dollar ($1.00) nor more than fifty dollars ($) for each offense. Each occurrence shall constitute a separate offense. (as added by Ord. #157/2010, Dec. 2010)

5 Change 1, July 10, CHAPTER 3 WARRANTS, SUMMONSES AND SUBPOENAS Issuance of arrest warrants Issuance of summonses Issuance of subpoenas Officials designated authority to issue citations and summons Issuance of arrest warrants. 1 The city judge shall have the power to issue warrants for the arrest of persons charged with violating municipal ordinances. (1975 Code, 1-503, modified) Issuance of summonses. When a complaint of an alleged ordinance violation is made to the city judge, the judge may in his discretion, in lieu of issuing an arrest warrant, issue a summons ordering the alleged offender to personally appear before the city court at a time specified therein to answer to the charges against him. The summons shall contain a brief description of the offense charged but need not set out verbatim the provisions of the ordinance alleged to have been violated. Upon failure of any person to appear before the city court as commanded in a summons lawfully served on him, the cause may be proceeded with ex parte, and the judgment of the court shall be valid and binding subject to the defendant's right of appeal. (1975 Code, 1-504) Issuance of subpoenas. The city judge may subpoena as witnesses all persons whose testimony he believes will be relevant and material to matters coming before his court, and it shall be unlawful for any person lawfully served with such a subpoena to fail or neglect to comply therewith. (1975 Code, 1-505) Officials designated authority to issue citations and summons. (1) The fire marshal in the fire department and the code enforcement officer as special police officers have the authority to issue citations in lieu of arrest. (2) The fire marshal in the fire department shall have the authority to issue citations in lieu of arrest for violations of the fire code and the code 1 State law reference For authority to issue warrants, see Tennessee Code Annotated, title 40, chapter 6.

6 Change 1, July 10, enforcement officer shall have the authority to issue citations in lieu of arrest for violations of the building, utility and housing codes. (3) The citation in lieu of arrest shall contain the name and address of the person being cited and such other information necessary to identify and give the person cited notice of the charges against him, and state a specific date and place for the offender to appear in court and answer the charges against him. The citation shall also contain an agreement to appear, which shall be signed by the offender. If the offender refuses to sign the agreement to appear, the special officer in whose presence the offense was committed shall immediately arrest the offender and dispose of him in accordance with Tennessee Code Annotated, (4) It shall be unlawful for any person to violate his agreement to appear in court, regardless of the disposition of the charge for which the citation in lieu of arrest was issued. (5) Pursuant to Tennessee Code Annotated, , et seq., which authorizes the board of mayor and commissioners to designate certain city enforcement officers the authority to issue ordinance summonses in the areas of sanitation, litter control and animal control, the board designates the code enforcement officer to issue ordinance summonses in those areas. (6) These enforcement officers may not arrest violators or issue citations in lieu of arrest, but upon witnessing a violation of any ordinance, law or regulation in the areas of sanitation, litter control or animal control, may issue an ordinance summons and give the summons to the offender. (7) The ordinance summons shall contain the name and address of the person being summoned and such other information necessary to identify and give the person summons notice of the charge against him, and state a specific date and place for the offender to appear and answer the charges against him. The ordinance summons shall also contain an agreement to appear, which shall be signed by the offender, If the offender refuses to sign the agreement to appear, the enforcement officer in whose presence the offense occurred may: (a) Have a summons issued by the clerk of the city court, or (b) May seek the assistance of a police officer to witness the violation. The police officer who witnesses the violation may issue a citation in lieu of arrest for the violation, or arrest the offender if he refuses to sign the agreement to appear in court. If the police officer makes an arrest, he shall dispose of the person arrested as provided in Tennessee Code Annotated, (8) It shall be unlawful for any person to violate his agreement to appear in court, regardless of the disposition of the charge for which the ordinance summons was issued. (9) All ordinances, resolutions or parts of ordinances and resolutions in conflict herewith are to the extent of such conflict hereby repealed. (10) This section shall take effect after final passage and publication, the public welfare requiring it. (as added by Ord. # , June 2005)

7 Appearance bonds authorized. CHAPTER 4 BONDS AND APPEALS Appearance bonds authorized. When the city judge is not available or when an alleged offender requests and has reasonable grounds for a delay in the trial of his case, he may, in lieu of remaining in jail pending disposition of his case, be allowed to post an appearance bond with the city judge or, in the absence of the judge, with the ranking police officer on duty at the time, provided such alleged offender is not drunk or otherwise in need of protective custody. (1975 Code, 1-507)