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(a) A person in the city jail charged with violating a provision of this code or other city ordinance may be discharged from the jail on his own recognizance if he executes a recognizance agreement on a form provided for that purpose and delivers it and an escrow deposit to the municipal clerk. The escrow deposit must be an amount of cash equal to that amount set by the municipal judges for the offense charged. The municipal clerk shall perform this duty subject to the direction of the city manager.
(b) Recognizance agreement forms shall be kept in the offices of the city jail and the municipal court of record. These forms shall be serially numbered in triplicate so that the agreements may be prepared with an original (which within 24 hours after its acceptance shall be delivered to the municipal clerk, together with the jail arrest card prepared in the case), a duplicate (which may be delivered to the person charged), and a triplicate (which shall be delivered to the municipal clerk together with the escrow deposit accepted with the agreement). A recognizance agreement must include:
(1) a description of the offense with which the person has been charged;
(2) the agreement of the person charged to appear in the municipal court of record before a municipal judge on a certain date and hour; and
(3) a statement that upon failure of the person executing the agreement to appear before the municipal judge, or to cause someone on his behalf to appear, the amount, or any part of the amount, paid as an escrow deposit in lieu of an appearance bond may on default be assessed as a fine against the person and the escrow deposit applied as payment of the fine.
(c) A person who makes an escrow deposit when executing a recognizance agreement shall be entitled to a return of his deposit if he:
(1) at any time, in lieu of the deposit, submits an appearance bond that is found sufficient by a municipal judge;
(2) complies with the terms of the agreement and, at a hearing before a municipal judge, is acquitted or the proceedings dismissed; or
(3) after complying with the terms of the agreement and being fined, pays the fine or executes an appeal bond that is approved and filed;
otherwise, as the recognizance agreement shall provide, the amount of the escrow deposit shall be applied to the payment of the fine and all costs in the case, with any balance to be returned to the person. (Code 1941, Art. 28-10; Ord. Nos. 8215; 15279; 17029; 19802)
If any sum is returnable to a person who has made an escrow deposit with the execution of a recognizance agreement, it shall be returned by the municipal clerk who shall obtain an appropriate receipt from the person. (Code 1941, Art. 28-11; Ord. Nos. 8215; 17029; 19802)
No appointive official of the city or employee of the city in any capacity may recommend to any person charged with a violation of any provision of this code or other city ordinance a lawyer for representing the person in the matter or a person for serving as surety on any bond for the person in the matter. The penalty for a violation of this section by an official or employee of the city, in addition to any other penalty which may be now or hereafter provided for, shall include, at the option of the appointive power and after a determination that a violation of this section has occurred, immediate discharge of the official or employee in the manner provided for in the city personnel rules. (Code 1941, Art. 28-12; Ord. Nos. 8215; 19802)
The chief of police and the directors of other city departments authorized to issue citations to the municipal court of record shall deliver to the municipal clerk, at least once every 24 hours, the court copy of every citation issued by the department. (Code 1941, Art. 28-14; Ord. Nos. 8215; 15279; 17029; 19802)
(a) A person lawfully released from custody, whether by posting of bond or by signing a written notice to appear, on condition that he subsequently appear in the municipal court of record, commits an offense if he fails to appear in the municipal court of record in accordance with the terms of his release.
(b) The requirement for appearance in the municipal court of record is met if counsel appears on behalf of a person required to appear.
(c) For purposes of this section, “custody” means an arrest or a detention for purposes of issuing a written citation by a police officer or by a person authorized to issue citations under Section 13-1.1 of this chapter.
(d) An offense committed under this section is punishable by a fine of not less than $50 nor more than $500. (Ord. Nos. 17030; 17226; 19802)
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