(a) Direct Contempt. A person guilty of any of the following acts may be punished summarily by the Mayor (or a magistrate or the Mayor’s designate in the absence of the Mayor or the Magistrate):
(1) Disorderly, contemptuous or insolent behavior towards the Mayor or the Magistrate in the Mayor’s Court, tending to interrupt the due course of the court proceeding;
(2) A breach of the peace, boisterous conduct or a violent disturbance tending to interrupt the due course of the Mayor’s court proceeding; or
(3) Willful resistance in the presence of the Mayor or the Magistrate to the execution of an order of the court or the procedures of the court.
(b) Indirect Contempt. The Mayor or the Magistrate, after notice and proper procedural notice to the defendant, may punish indirect contempts of court in order to preserve order in judicial proceedings in the City and to effectively enforce the judgments and orders of the Mayor’s court as follows:
(1) The disobedience of or resistance to a lawful order or sentence of the court or an officer of the court;
(2) The failure to obey a subpoena lawfully served or the refusal to be sworn as a witness when lawfully required;
(3) The failure of an individual to appear as a witness in court or to appear in his or her own case proceeding in compliance with the terms of his or her previous recognizance;
(4) The failure to properly carry out a sentence of the Court, regarding work detail assignments, home incarceration, restitution or other sentence of the court; or
(5) Any other common law contempt of court for which common pleas judges may punish as contempts in order that the Mayor or the Magistrate may properly enforce judgment, orders and decrees of the Mayor’s court.
(c) Hearing. The Mayor (or Magistrate or the Mayor’s designate in his absence) may summarily punish for direct contempts of court by entry upon the Mayor’s court journal if the Mayor or the Magistrate finds the defendant guilty of direct contempt in the presence of the court so as to obstruct the administration of justice in the Mayor’s court.
Any individual charged with indirect contempt of court shall have an opportunity for a hearing, by himself or herself or with the assistance of counsel, by an entry made upon the Mayor’s court journal. This provision does not prevent the Mayor or the Magistrate of the Mayor’s court from issuing an arrest warrant to bring the accused into court or from holding the accused in custody, pending such proceedings. In the trial of the indirect contempt charge, the Mayor or the Magistrate shall determine the nature of the charge, hear any answer or testimony which the accused makes or offers and shall determine whether the accused is guilty by evidence beyond a reasonable doubt.
(d) Suspended Sentence. The Mayor or Magistrate may elect to suspend a portion of the sentence imposed on an individual found guilty in the Mayor’s court under such conditions as the Mayor or Magistrate shall deem appropriate. The Mayor or Magistrate may compel the reappearance of the individual convicted at a subsequent time in order to ascertain whether the conditions imposed upon the individual have been successfully completed. In such event, the Mayor or Magistrate may elect to reimpose the suspended portion of the sentence if the Mayor or Magistrate determines that the convicted individual has not complied with the prior order or conditions imposed upon such individual.
(e) Punishment. An individual convicted of direct contempt of court may be imprisoned for not more than ten days or fined not more than five hundred dollars ($500.00). In the event that the defendant is guilty of contempt of court which consists of the omission to perform an act which the defendant has the capability to perform, the defendant may be imprisoned after conviction until the defendant performs the act. If the defendant has failed to appear upon the date named, the court may issue an arrest warrant or order the forfeiture of the appearance bond of the defendant, or both. An individual found guilty of indirect contempt of court may be fined up to five hundred dollars ($500.00) for each such contempt and may be imprisoned not more than ten days for such contempt, or both, in the sole discretion of the Mayor or the Magistrate.
(Ord. 08-04. Passed 1-14-08.)
CODIFIED ORDINANCES OF DEER PARK