A. Public Service, Condition Of Suspended Or Deferred Sentence: Upon conviction after trial, the entry of a plea of guilty, or the granting of a deferred prosecution or sentence for any violation of this Code, the court may, on its own motion, the motion of the defendant, or the motion of the City Attorney, offer the defendant the option of performing public service as a condition of a suspended sentence, or the granting of a deferred prosecution or sentence. The court may delegate to the Probation Department the responsibility of establishing the specific number of hours of service to be performed by the defendant and the period within which the service shall be performed. The limitations must fall within the period during which the sentence is suspended or deferred, prosecution is deferred, or the defendant is in a probationary status.
B. Nature And Manner Of Service, Restrictions: The service to be performed pursuant to this section shall be performed within and for the benefit of the City or other organization, public or private, as the Probation Department shall designate. The exact nature and manner of the performance shall be the subject of agreement among the Probation Department of the Municipal Court, the organization for which the service is to be performed, and the defendant who is to perform the service, subject only to any restrictions imposed by the Trial Judge or which may be promulgated by the Presiding Judge of the Municipal Court.
C. Exceptions; Insurance Or Release Of City From Liability: Notwithstanding anything above, the service shall not require the performance of any task in which the defendant would be required to personally operate any power tool other than those which shall have been approved for use by participants in this program by the Safety Manager, nor shall the defendant be required or allowed to personally operate any City owned motor vehicle. Further, the service shall not be performed for the benefit of any department or agency unless satisfactory insurance coverage is in effect or unless the defendant has knowingly, intelligently and voluntarily released the City and the private agency from any liability as a result of injury, accident, incapacity, or property damage incurred, or caused, by the defendant during the performance of public service work.
D. Performance Of Public Service:
1. The Probation Department shall advise the Municipal Court of satisfactory performance of public service. The Municipal Court shall, provided that all other conditions or obligations imposed upon the defendant have been complied with, order the defendant released from the jurisdiction of the court.
2. Should it reasonably appear to the Probation Department that the required service has not been performed at the times designated, or that the service was performed in an unsatisfactory manner, the Probation Department shall proceed against the defendant, by issuing an order for the defendant to appear before the court granting the suspended sentence, deferred sentence, deferred prosecution or probation, and show cause why the sentence or order should not be revoked. If the court, after conducting the show cause hearing, determines that the defendant has, without good cause, either failed to perform the service as directed or failed to perform the service in a satisfactory manner, the court may revoke the order permitting the performance of public service and either impose sentence or direct that the prosecution of the defendant otherwise proceed, continue the order under the additional or different conditions as it shall deem appropriate, or continue the order without change. (Ord. 81-47; Ord. 87-27; Ord. 88-203; Ord. 92-70; Ord. 95-180; Ord. 01-42; Ord. 04-178)