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Nitro, WV Code of Ordinance
NITRO, WEST VIRGINIA CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 35.05 WHO MAY ISSUE CITY WARRANTS.
   In addition to the Municipal Judge, the Mayor and the City Recorder shall have authority to issue warrants for all offenses committed against this code and other city ordinances.
(Prior Code, § 173.05)
§ 35.06 SESSIONS; BAILIFF.
   (A)   The Municipal Court shall hold not less than two regular sessions each month, at such reasonable hours as shall be specified by the Municipal Judge in a suitable court room in the city provided by Council; and all sessions shall be open to the public; provided, that the Municipal Judge may hold hearings and conduct proceedings in his or her chambers when, in his or her sound discretion, it is appropriate so to do and is consistent with law.
   (B)   The Chief of Police shall designate a police officer to attend each session of the Municipal Court to serve as bailiff of the court, to preserve order and decorum in the court room and in the immediate vicinity thereof, and to execute all processes and orders directed to him or her by the Municipal Judge.
(Prior Code, § 173.06) (Ord. 80-5, passed 11-25-1980)
§ 35.07 COMPULSORY ATTENDANCE OF WITNESSES.
   The Municipal Judge and, by his or her authority, the Municipal Court Clerk, shall have authority to issue subpoenas for and compel the attendance of any person who may be required to testify as a witness, either for the city, or for a defendant in any pending case. Any person, having so been summoned, who shall willfully refuse to attend as required by such summons shall be punished as provided in § 10.99.
(Prior Code, § 173.07)
§ 35.08 BAIL BONDS AND CASH DEPOSITS IN LIEU THEREOF.
   (A)   Except as may be provided otherwise in any case by the provisions of W. Va. Code Chapter 62, Article 1C, as amended and in effect November 4, 1974, whenever any person is arrested for any violation of an ordinance of the city or for any offense of which the Municipal Judge has jurisdiction, it shall be lawful for the Municipal Judge, City Recorder, Municipal Court Clerk, Mayor, Chief of Police and the desk sergeant or person in charge of police headquarters to admit such person to bail upon the execution of a bond to the city in such an amount as in the discretion of the officer will secure the prisoner’s presence, conditioned that the accused will appear upon a day named, before the Municipal Judge of the city, to await trial; and every such bond taken shall be filed as soon as practicable with the Municipal Court Clerk by the officer approving and taking such bond; and the Municipal Judge, City Recorder, Municipal Court Clerk, Mayor, Chief of Police and the desk sergeant or person in charge, of police headquarters shall each have the power to approve any bond taken under the provisions of this section, precedence being given to the ranking officer present at police headquarters when such bond is presented. No person shall be accepted as surety upon any penal bond unless he or she shall acknowledge the bond before some official duly authorized by this code or by state law to administer an oath, and shall make oath that he or she is the owner in fee of real estate situated in Kanawha or Putnam County and worth the amount of the bond over and above his or her debts and liabilities; but the officers hereinbefore named in this section are hereby authorized and empowered to accept a deposit in cash of an amount which, in the judgment of the officer accepting the deposit, will be sufficient to cause the prisoner’s appearance upon the day required of him or her before the Municipal Judge to await trial upon the charge against him or her. The amount of such deposit shall not be less than a sum sufficient in the judgment of the officer accepting the same to satisfy any reasonable fine and costs which may be imposed by the Municipal Judge. In the event any person so released upon bond or such deposit shall fail to appear before the Municipal Judge for trial at the appointed time, or, having appeared, shall leave the court without awaiting trial, his or her bond shall be forfeited thereby to the city, and if a cash deposit has been made to secure his or her release, the sum so deposited shall be delivered to the Municipal Judge as soon as may be practicable, not later than the following morning, and by him or her promptly turned in to the City Treasury to the credit of the General Fund and accounted for by him or her in the same manner that fines collected by him or her are accounted for; and in the event of the forfeiture of a penal bond, the City Treasurer shall forthwith take the steps necessary at law for the collection thereof.
   (B)   Bail bond cards issued by the American Automobile Association to its members shall be accepted for traffic violations in accord with the terms of such cards.
   (C)   Nothing in this section shall be construed to prohibit the admission of a person to bail upon his or her own recognizance when such is authorized by law and when the officer, in the exercise of sound discretion, considers it proper so to do.
(Prior Code, § 173.08)
§ 35.09 REQUISITES AND DISPOSITION OF CASH DEPOSITS POSTED IN LIEU OF BAIL BOND.
   No cash bond shall be accepted by any officer authorized to accept such bond unless the prisoner and the officer authorized to accept it are present at police headquarters or at the place where the prisoner is held in custody. The money deposited as security for any person’s appearance shall be deposited with the desk sergeant at police headquarters, to be by him or her safely kept until the next regular session of the Municipal Court, when it shall be turned over by the desk sergeant who received it to the Judge of the Municipal Court, and by the Judge disposed of as required by the bond, this section and § 35.08.
(Prior Code, § 173.09)
§ 35.10 UNAUTHORIZED ACCEPTANCE OR APPROVAL OF CASH BOND; BOND IN FELONY CASES.
   If any officer shall accept or approve any cash bond at any place or in any other manner than is herein provided for and authorized, such unauthorized acceptance or approval shall constitute good cause for his or her suspension or removal, or the reprimand or fining of such officer after a hearing on the charge by Council. In case of the arrest of any person upon a charge of a felony, the bond for his or her release, if approved, shall only be approved by the Municipal Judge, or the Judge of the Circuit Court of Kanawha County or Circuit Court of Putnam County, and no other officer of the city shall be authorized to admit to bail any person charged with felony.
(Prior Code, § 173.10)
§ 35.11 PERSONS PROHIBITED TO BE SURETY ON BAIL BONDS.
   No practicing attorney, officer of the Municipal Court, or member of the police force shall be accepted as surety on any bond provided for in this subchapter.
(Prior Code, § 173.11)
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