Article
I. IN GENERAL
II. PARKING VIOLATION BUREAU
Charter reference:
Creation and operation of municipal court, see Ch. VII
Cross-reference:
General penalty for code violations, see § 1-6
Offenses and miscellaneous provisions, see Ch. 23
Police, see Ch. 27
Editor’s note:
Ord. 9509, § 1, adopted Nov. 5, 1985, repealed Ch. 12, municipal courts, of the 1964 Code, codified as §§ 10-1 through 10-15, 10-31 through 10-33 herein, as derived from §§ 12-1 through 12-15, 12-33 through 12-35 of the 1964 Code, and the following legislation:
Ord. | Section | Date | Ord. | Section | Date |
5736 | 1 | 9017 | 1-17-1984 | ||
6613 | 1—3 | 1-24-1972 | 9111 | 1 | 5-29-1984 |
8018 | 1—6 | 12-18-1979 | 9148 | 1, 2 | 7-17-1984 |
Statutory reference:
Municipal courts, see Tex. Government Code Ch. 29
Ft. Worth municipal court provisions, see Tex. Government Code Ch. 29.101
Section
Article I. In General
10-1 Municipal court of record established; divisions; jurisdiction
10-2 Ad hoc municipal courts advisory committee of the council, other relationships prohibited
10-3 Judges; chief judge; chief prosecutor
10-4 Creation of a department of municipal court services; creation of the office of director of municipal court services; duties of director of municipal court services; creation of the office of clerk of the municipal courts
10-5 Fines bureau
10-6 City marshal
10-7 Special expense applicable to certain dismissed cases
10-8 Municipal court building security fund; security fee to be collected as a cost of court
10-9 Municipal court technology fund; technology fee to be collected as a cost of court
10-9.1 Collection contracts
10-10 Fee for record on appeal
10-11 Juvenile case manager fund and fee
10-12 Court costs for parking violations
10-13—10-15 Reserved
Article II. Parking Violations Bureau
10-16 Parking violations bureau created
10-17 Hearing officers; powers, duties and functions
10-18 Parking citations
10-19 Presumption of ownership; exceptions to vehicle owner liability
10-20 Hearings; contest parking citation online and via mail
10-21 Appeal
10-22 Enforcement
10-23 Procedures for immobilization and/or impoundment
10-24 Boot removal
10-25 Boot hearing
10-26 Fines and fees
10-27 Certain conduct unlawful
(a) Within the municipal court system established and created for the City of Fort Worth in accordance with the terms, provisions, powers, duties and limitations set forth in Tex. Government Code Title 2 and in Chapter VII of the Charter of the City of Fort Worth, there is hereby created, established and designated a unified municipal court of record to be known as the “municipal court of record in the City of Fort Worth” with nine divisions to be known as Division No. 1, Division No. 2, Division No. 3, Division No. 4, Division No. 5, Division No. 6, Division No. 7, Division No. 8 and Division No. 9.
(b) Each division of the municipal court of record in the City of Fort Worth shall have and exercise concurrent jurisdiction with the other divisions thereof.
(c) The municipal court of record in the City of Fort Worth shall have and exercise such jurisdiction as is granted by the Charter and ordinances of the City of Fort Worth and by any laws of this state, including, but not limited to, general jurisdiction provided by Tex. Government Code Chapter 30, that may now exist or may hereafter be passed by the legislature of this state regulating or increasing the jurisdiction of the municipal courts in cities of the grade and size of the City of Fort Worth.
(d) In addition to other jurisdiction provided for herein and in accordance with Tex. Government Code § 30.00005(c), the Fort Worth city council by ordinance hereby provides that the municipal court of record in the City of Fort Worth has concurrent jurisdiction with a justice court in any precinct in which the City of Fort Worth is located in criminal cases that arise within the territorial limits of the city and that are punishable only by fine.
(e) In addition to other jurisdiction provided for herein and in accordance with Tex. Government Code § 30.00005(d), the Fort Worth city council by ordinance hereby provides that the municipal court of record in the City of Fort Worth has:
(1) Civil jurisdiction for the purpose of enforcing municipal ordinances enacted under Tex. Local Government Code Chapter 214, Subchapter A or Tex. Transportation Code Chapter 683, Subchapter E;
(2) Concurrent jurisdiction with a district court or a county court at law under Tex. Local Government Code Chapter 54, Subchapter B within the city’s territorial limits and over property owned by the city located in the city’s extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances; and
(3) Authority to issue:
a. Search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation; and
b. Seizure warrants for the purpose of securing, removing or demolishing the offending property and removing the debris from the premises.
(Ord. 9509, § 1, passed 11-5-1985; Ord. 19626-04-2011, § 1, passed 4-5-2011)
(a) An ad hoc municipal court advisory committee shall be established to meet as needed to act as the liaison between the municipal court judges and the city council and make recommendations to the city council in all matters regarding municipal court. The ad hoc advisory committee shall consist of members of the city council appointed in accordance with the city council rules of procedure.
(b) Except as herein provided and by way of reinforcing the provisions contained in §§ 2-236 through 2-239.1 (Code of Ethics) of this code, it is hereby declared unlawful for any officer or employee of the city to be involved, directly or indirectly, in the defense of any person charged with the violation of an ordinance of the city or a criminal law of the state in or before the municipal courts of the city, except to give evidence in open court.
(Ord. 9509, § 1, passed 11-5-1985; Ord. 16555, § 1, passed 8-30-2005)
(a) Municipal court judges shall be selected and appointed or reappointed for a term of two years, commencing April 1 of even-numbered years. The appointment or reappointment of substitute judges shall be for a term of two years from the date of their appointment or reappointment and shall be initiated upon the recommendations of the chief judge, concurred in by the municipal court advisory committee.
(b) The city council shall appoint one of the municipal judges as chief judge. The chief judge shall have all of the powers and duties of a presiding judge as set forth in this subsection (b), and in addition, those cited in the Uniform Municipal Courts of Record Act, as amended by the city court of record statute. The chief judge shall:
(1) Maintain administrative oversight of the municipal judges;
(2) Establish work rules for the administration of the municipal courts, including establishing rules for maintaining uniformity in procedures in the municipal courts;
(3) Establish work hours for each municipal judge, including the hours during which each judge shall be present in the office and on the bench;
(4) Call periodic meetings of all municipal court judges and substitute judges to review the procedures which establish uniformity of procedures in the court system, and to discuss any other issues of importance for the administration of the municipal court;
(5) Schedule and approve vacation and other absences for each municipal judge;
(6) Assign the duties and schedules of each municipal judge, including assigning judges or substitute judges to exchange benches and to act for each other in a proceeding pending in a court, if necessary, for the expeditious disposition of business in the courts;
(7) Assign municipal judges to classes and courses on an as needed basis;
(8) Provide quarterly case adjudication reports for each municipal judge to the Ad Hoc Municipal Courts Committee;
(9) Receive and investigate, as needed, judicial complaints and forward the result of any investigation to the Ad Hoc Municipal Courts Advisory Committee; and
(10) Conduct performance evaluations of municipal judges twice during each year of the municipal judge’s term, and forward the evaluations to the Ad Hoc Municipal Courts Advisory Committee for review after each evaluation is performed.
(c) The city council shall appoint one of the municipal judges as deputy chief judge. The appointment of the deputy chief judge shall be recommended by the chief judge to the Ad Hoc Municipal Court Advisory Committee (Committee). If approved by the Committee, the recommendation shall be placed on the City Council's agenda for consideration and approval. The deputy chief judge shall have all of the powers and duties of a presiding judge as set forth in this subsection (c), and in addition, those cited in the Uniform Municipal Courts of Record Act, as amended by the city court of record statute. The deputy chief judge shall:
(1) Assist the Chief Judge in supervising judicial staff, which includes prioritizing and assigning work; conducting performance evaluations; maintaining a healthy and safe working environment; and, making hiring, termination, and disciplinary recommendations.
(2) Assists in managing all administrative judicial services and activities. Recommends and administers policies and procedures; and prepares docketing calendar for jury courts and the Attorney plea docket as assigned by the Chief Judge.
(3) Participates in evaluating the efficiency and effectiveness of judicial court service delivery methods and procedures.
(4) Assists in monitoring and evaluating the quality, responsiveness, efficiency and effectiveness of judicial court methods and procedures.
(5) Presides over jury and non-jury trials; and instructs jury panel regarding applicable laws, procedures and sentences or fines if offender is convicted.
(6) Reviews new laws, major court decisions and other pertinent information relevant to the revision of Court procedures and operations.
(7) Assists in explaining, justifying, and defending Municipal Court programs, policies and activities; and negotiating and resolving sensitive and controversial issues.
(8) Issues search and arrest warrants; sets and forfeits bail for Class C misdemeanors falling under municipal court jurisdiction; and sets bail for felonies and misdemeanors.
(9) Processes alias and capias warrant queues, administrative dockets, cash dockets and miscellaneous dockets.
(10) Performs other related duties as required and assigned by the Chief Judge.
(11) Adheres to assigned work schedule as outlined in the Department and City attendance policies and procedures; ensures all behaviors comply with the City's Personnel Rules and Regulations.
(d) In order to coordinate the prosecution of all cases in the municipal courts and appeals taken therefrom, the city attorney shall designate one of the assistant city attorneys as chief prosecutor.
(Ord. 9509, § 1, passed 11-5-1985; Ord. 14147, § 1, passed 3-28-2000; Ord. 21380-08-2014, § 1, passed 8-19-2014; Ord. 21687-03-2015, § 1, passed 3-17-2015; Ord. 23546-01-2019, § 1, passed 1-29-2019)
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