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Fort Worth, TX Code of Ordinances
FORT WORTH, TEXAS CODE OF ORDINANCES
OFFICIALS of the CITY OF FORT WORTH, TEXAS
PART I: THE CHARTER OF THE CITY OF FORT WORTH
PART II: CITY CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTER 2.5: RETIREMENT
CHAPTER 3: AIRPORTS AND AIRCRAFT
CHAPTER 4: ALCOHOLIC BEVERAGES
CHAPTER 5: AMBULANCES/EMERGENCY MEDICAL SERVICES
CHAPTER 6: ANIMALS AND FOWL
CHAPTER 7: BUILDINGS
CHAPTER 8: CABLE COMMUNICATION SERVICE
CHAPTER 9: COMMUNITY FACILITIES AGREEMENTS
CHAPTER 10: COURTS
CHAPTER 11: ELECTRICITY
CHAPTER 11.5: EMERGENCY MANAGEMENT
CHAPTER 12: EMERGENCY REPORTING EQUIPMENT AND PROCEDURES
CHAPTER 12.5: ENVIRONMENTAL PROTECTION AND COMPLIANCE
CHAPTER 13: FIRE PREVENTION AND PROTECTION
CHAPTER 14: RESERVED
CHAPTER 15: GAS
CHAPTER 16: HEALTH AND SANITATION
CHAPTER 17: HUMAN RELATIONS
CHAPTER 18: LAKE WORTH
CHAPTER 19: LIBRARIES
CHAPTER 20: LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
CHAPTER 21: RESERVED
CHAPTER 22: MOTOR VEHICLES AND TRAFFIC
CHAPTER 23: OFFENSES AND MISCELLANEOUS PROVISIONS
CHAPTER 24: PARK AND RECREATION
CHAPTER 25: RESERVED
CHAPTER 26: PLUMBING
CHAPTER 27: POLICE
CHAPTER 28: PUBLIC UTILITIES
CHAPTER 29: SIGNS
CHAPTER 29.5: SMOKING
CHAPTER 30: STREETS AND SIDEWALKS
CHAPTER 31: SUBDIVISION ORDINANCE
CHAPTER 32: TAXATION
CHAPTER 33: TREES, SHRUBS, ETC.
CHAPTER 34: VEHICLES FOR HIRE
CHAPTER 35: WATER AND SEWERS
CHAPTER 36: RESERVED
APPENDIX A: ZONING REGULATIONS
APPENDIX B: CODE COMPLIANCE
APPENDIX C: RESERVED
CODE COMPARATIVE TABLE
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§ 10-3 JUDGES; CHIEF JUDGE; CHIEF PROSECUTOR.
   (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)
§ 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.
   (a)   A department of municipal court services is hereby established. It shall embrace all personnel and activities of the municipal court system except:
      (1)   The judges who are directly under the cognizance of the city council;
      (2)   The assistant city attorneys assigned duties as prosecutors who are members of the department of law and under the cognizance of the city attorney;
      (3)   The official court reporter or reporters who are under the cognizance of the chief judge;
      (4)   The director of the teen court program who shall be under the cognizance of the chief judge; and
      (5)   Such other court or system functionaries who are or may be members of other departments and are either temporarily or permanently assigned duties within or in support of the municipal court.
   (b)   There is hereby created the position of director of municipal court services. The director of municipal court services shall be the head and supervisor of the department of municipal court services; shall be subject to appointment and removal by the city manager; and shall be paid a salary established in accordance with the compensation plan of the city.
   (c)   The director of municipal court services, subject to the provisions of this section, shall have the power to appoint, employ and remove such officers, assistants, employees and personnel as such director may deem necessary for the efficient administration of the department of municipal court services and to prescribe and fix their duties, scope of authority and qualifications.
   (d)   The director of municipal court services shall be responsible for the administrative functions of the municipal court system, which shall include responsibility to assure the system functions within and in consonance with personnel and other procedures governing the operation of all other city departments generally as promulgated by the city manager and shall specifically include all of the fiscal affairs of the municipal courts. The director of municipal court services shall submit annually to the city manager a budget estimate of the revenues of the municipal courts and the expenses of conducting the affairs thereof for the ensuing fiscal year.
   (e)   Within the municipal court system and under the general supervision of the director of municipal court services there is hereby created the office of clerk of the municipal courts. The clerk of the municipal courts shall be appointed by the city manager with the consent of the city council and shall perform all duties in accordance with state statutes, the City Charter and city ordinances.
(Ord. 9509, § 1, passed 11-5-1985; Ord. 11942, § 1, passed 5-9-1995)
§ 10-5 FINES BUREAU.
   There is hereby established for the municipal courts system a bureau for the payment of fines. This division shall be known as “fines bureau.” A bureau clerk shall be appointed by the clerk of the municipal courts, together with such deputies as may be deemed necessary. Such bureau clerk shall be under the direction and control of the clerk of the municipal courts. The city council shall prescribe the amount of the official fidelity bond that the bureau clerk shall execute in favor of the city. The premium of such bond shall be paid by the city. The bureau clerk shall be a duly qualified notary public.
(Ord. 9509, § 1, passed 11-5-1985)
§ 10-6 CITY MARSHAL.
   (a)   There is hereby created a position of city marshal for the municipal courts system, who shall also appoint such deputies as are authorized from time to time. The city marshal or his or her deputies shall meet all qualifications necessary to be certified as peace officers by the state commission on law enforcement officer standards and education; however, the city marshal and his or her deputies shall not be considered as “policemen” as that term is defined in Tex. Revised Civil Statutes Article 1269m.
   (b)   The city marshal and his or her deputies, acting under the direction of the director of municipal court services, shall perform the following duties:
      (1)   Execute warrants of arrest, subpoenas and other legal process issuing out of the municipal courts; and
      (2)   Execute other warrants of arrest, subpoenas and legal process as determined by the municipal court clerk or deputy court clerk.
   (c)   The city marshal and his or her deputies shall serve as peace officers and have full police authority in the exercise of their assigned duties.
   (d)   The city marshal and his or her deputies are not members of the police department of the city; however, they are eligible for membership in the employees’ retirement fund of the City of Fort Worth. The city marshal and his or her deputies are paid law enforcement officers for the purpose of qualifying for survivor’s assistance benefits under the provisions of Tex. Revised Civil Statutes Article 6228f, as amended.
(Ord. 9509, § 1, passed 11-5-1985)
§ 10-7 SPECIAL EXPENSE APPLICABLE TO CERTAIN DISMISSED CASES.
   Pursuant to Tex. Code of Criminal Procedure Articles 45.0511 and 45.052, a municipal court is authorized to collect a special expense for services performed in cases in which the laws of this state require that the case be dismissed because of actions by or on behalf of the defendant which were subsequent to the date of the alleged offense. Such actions are limited to compliance with the provisions of Tex. Transportation Code §§ 543.111 through 543.116. Such special expense shall not exceed the actual expenses incurred for the services or $10, whichever is less.
(Ord. 10032, § 1, passed 12-22-1987)
§ 10-8 MUNICIPAL COURT BUILDING SECURITY FUND; SECURITY FEE TO BE COLLECTED AS A COST OF COURT.
   (a)   There is hereby created a municipal court building security fund.
   (b)   A defendant convicted in a trial for a misdemeanor offense in municipal court shall pay a $3 security fee as a cost of court.
   (c)   For purposes of this section, a person is considered convicted if:
      (1)   A sentence is imposed on the person;
      (2)   The person receives community supervision, including deferred adjudication; or
      (3)   The court defers final disposition of the person’s case.
   (d)   The court clerk shall collect the security fee costs and pay them to the city treasurer, for deposit in the municipal court building security fund.
   (e)   The municipal court building security fund may be used only to finance the following items when used for the purpose of providing security services for buildings housing a municipal court:
      (1)   The purchase or repair of x-ray machines and conveying systems;
      (2)   Handheld metal detectors;
      (3)   Walkthrough metal detectors;
      (4)   Identification cards and systems;
      (5)   Electronic locking and surveillance equipment;
      (6)   Bailiffs, deputy sheriffs, deputy constables or contract security personnel during times when they are providing appropriate security services;
      (7)   Signage;
      (8)   Confiscated weapon inventory and tracking systems; or
      (9)   Locks, chains or other security hardware.
   (f)   The municipal court building security fund shall be administered by the city manager under the direction of the city council.
(Ord. 12204, § 1, passed 10-10-1995)
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