(A) Complaints; warrant; hearing; order; bond; commitment on failure to give. Whenever any person shall make oath or affirmation stating, among other things, that the person making the complaint has just cause to fear, and does fear, that another will beat, wound, or kill him, or his or her ward, child, or children, or will commit some other act of personal violence upon him or her or them, or will maliciously destroy his or her property, or will assault, batter, or engage in disorderly conduct, in violation of §§ 130.025 through 130.027; it shall be the duty of the Municipal Judge, to whom the complaint is made as aforesaid, to issue his or her warrant commanding any officer of the city to arrest and bring before him or her the person complained of to answer the complaint. Upon the return of the warrant with the person in custody, it shall be the duty of the Municipal Judge to examine him or her as to the truth of the complaint. If upon the examination he or she shall be of the opinion that there was just cause therefor, he or she shall order the person complained of to enter into recognizance with good and sufficient securities in a sum not to exceed $300, but not less than $100, conditioned that he or she shall keep the peace and be of good behavior generally, and especially to the person complaining, for a period of 6 months thereafter. In default of the recognizance, the Municipal Judge may release the person so complained of upon his or her own recognizance, conditioned that he or she shall keep the peace and be of good behavior generally, and especially to the person complaining, for a period of 6 months thereafter, or the Municipal Judge may commit the person so complained of to the city jail until discharged by due course of law. The order of the Municipal Judge as to the giving of bond or release upon recognizance and the conditions thereof shall be in writing, and signed by the Municipal Judge.
(1981 Code, § 16-47)
(B) Discharge on giving bond. If the person complained of under division (A) above be committed for not giving bond, the Municipal Judge may discharge him or her upon the bond being given.
(1981 Code, § 16-48)
(C) Assault or threat in presence of Municipal Judge; requiring bond. Any person who, in the presence of the Municipal Judge, shall assault or threaten to assault another, or to commit an offense against his or her person or property, may be required by the Municipal Judge to give security to keep the peace as provided in this division.
(1981 Code, § 16-49)
(D) Proceedings after giving bond.
(1) A person who has given bond to keep the peace under this division must appear at the Municipal Court at the end of 6 months from the giving of bond. If the complainant appears, but the defendant does not appear, the Municipal Judge may forfeit the bond and order scire facias to issue against the parties on the bond. If the defendant fails to come in and answer the scire facias, judgment shall be final against the parties on the bond.
(2) If neither the complainant nor the defendant appears, the Municipal Judge must discharge the bond at the cost of the defendant; but if both parties appear, the court may hear their proofs and allegations, may either discharge the bond or require a new 1 for a time not exceeding 6 months, and may award the costs against either the complainants or defendant, as justice may require.
(1981 Code, § 16-50)
(E) Subsequent proceedings. A person who has given bond to keep the peace, or who has been released upon his or her own recognizance, under this division must appear upon further complaint by the complainant of a violation of the terms of the bond or release upon recognizance within 6 months thereafter. If, after notice, the complainant appears, but the defendant does not appear, or if both parties appear and the Municipal Judge, after hearing the proofs and allegations, find that there has been a violation of the terms, the Municipal Judge may forfeit the bond and order scire facias to issue against the parties on the bond, or may punish the defendant as provided in § 130.999(A)(1). If the defendant fails to answer the scire facias, judgment shall be final against the parties on the bond.
(1981 Code, § 16-51)
(F) Forms of peace bonds. The forms of bond required by this division shall be the same as heretofore used by courts of justices of the peace in this state in peace bond proceedings.
(1981 Code, § 16-52)
(Ord. 773, passed 4-12-1988)