The Municipal Court may upon entry of a plea of guilty or judgment of conviction:
(A) Suspend in whole or part the execution of sentence; or
(B) Place the defendant on probation for a period not exceeding 1 year on terms and conditions the court deems best, or both. The 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 workers’ compensation, unemployment benefits or any other benefits otherwise provided by law. As used in this division, COMMUNITY SERVICE means any labor that benefits the public at large or any public, charitable or educational entity or institution. Suspension of execution of the sentence, 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 imposed is fully discharged upon successful completion of the terms and conditions of probation.
(Ord. 561, passed 7-13-1987)
(A) Mandatory fees collected upon conviction.
(1) In addition to any fine or imprisonment imposed for conviction for violation of any ordinance, there is imposed upon any person convicted of violating any municipal ordinance the penalty for which carries a potential jail term or any ordinance relating to the operation of a motor vehicle the following mandatory fees.
(a) A corrections fee of $20.
(b) A judicial education fee of $3.
(c) A court automation fee of $6.
(2) As used in this section, “convicted” means the defendant has been found guilty of a criminal charge by the municipal judge, either after trial, a plea of guilty or a plea of nolo contendere, or has elected to pay a penalty assessment in lieu of trial.
(B) Disposition and use of fees collected.
(1) All corrections fees collected shall be deposited in a special corrections fund in the municipal treasury and shall be used only for:
(a) Municipal jailer training;
(b) Construction planning, construction, operation and maintenance of the municipal jail;
(c) Providing in-patient treatment or other substance abuse programs in conjunction with or as an alternative to jail sentencing;
(d) Providing electronic monitoring systems.
(2) A municipality may credit the interest collected from fees deposited in the special corrections fund to the municipality’s general fund.
(3) All judicial education fees collected shall be remitted monthly to the State Treasurer for credit to the judicial education fund and shall be used for the education and training, including production of bench books and other written materials, of municipal judges and other municipal court personnel.
(4) All court automation fees collected shall be remitted monthly to the State Treasurer for credit to the municipal court automation fund and shall be used for the purchase and maintenance of court automation systems in the municipal courts. The court automation system shall have the capability of providing, on a timely basis, electronic records in a format specified by the judicial information system council.
(Ord. 680, passed 7-13-2011)
(A) Any and all property owners or other persons interested in real estate proposed to be improved in the Town of Clayton desiring to contest any proposed assessment or public improvement in the town, as provided for by the statutes, ordinances and resolutions in the cases, may appear before the Town Board of Trustees at the time and place fixed for that purpose in person or by Attorney or agent and may present any legal or competent evidence in opposition to the proposed assessment or public improvement.
(B) The Board of Trustees shall require any and all witnesses offered on behalf of property owners to be sworn by the Town Clerk-Treasurer, and shall accept any and all legal and competent evidence offered by property owners in opposition to any proposed assessment or public improvement.
(C) The Town of Clayton may rebut or qualify any facts established by any evidence offered.
(D) Any property owner of the town or any other person interested, may introduce in evidence the depositions of witnesses who cannot be obtained to personally testify and who reside beyond the Town of Clayton upon complying with the state laws regulating the taking of depositions.
(E) In the event of the parties desiring to take depositions, notice shall be given in conformity with the laws of the state, and the Town Clerk-Treasurer shall be authorized to issue any and all commissions under the seal of the town, or the taking of the depositions and the same shall be returned to the Town Clerk-Treasurer.
(Ord. 69, passed 1- -1914)