(A) The Municipal Judge may, upon entry of a plea of guilty or judgment of conviction, impose, in whole or in part, the penalty prescribed in the ordinance relating to the offense, or the Judge may, unless otherwise specifically stated:
(1) Suspend in whole or in part the execution of sentence;
(2) Place the defendant on probation for a period not exceeding one year on terms and conditions the Court deems best; or
(3) Both of the above.
(B) Nothing in this section shall prevent the governing body from enacting an ordinance imposing a mandatory minimum sentence that shall not be suspended, deferred or taken under advisement.
(C) The suspension of the execution of the sentence, or probation, or both, shall be granted only when the Municipal Judge is satisfied it will serve the ends of justice and of the public, and that the defendant’s liability for any fine or other punishment is fully discharged upon successful completion of the terms and conditions of probation.
(D) (1) The Municipal Court may, as a condition of probation, require the defendant to serve a period of time in volunteer labor, to be known as community service. The type of labor and period of service shall be at the sole discretion of the Court; provided that any person receiving community service shall be immune from any civil liability other than gross negligence arising out of the community service, and any person who performs community service pursuant to court order or any criminal diversion program shall not be entitled to any wages; shall not be considered an employee for any purpose; and shall not be entitled to worker’s compensation, unemployment benefits or any other benefits otherwise provided by law.
(2) As used in this section, COMMUNITY SERVICE means any labor that benefits the public at large or any public, charitable or education entity or institution.
(Ord. 2010-001, passed 8-18-2010; Ord. 2010-001, passed 7-20-2022)