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(a) A person convicted in city court of a violation of A.R.S. § 28-1381 et seq. either after trial or pursuant to plea agreement, shall be assessed an administrative charge to cover all or part of the administrative costs and expenses directly incurred by the city police department in the investigation of violations of A.R.S. § 28-1381 et seq. The administrative charge constitutes a debt of the person, and may be collected by the city.
(b) The city court shall assess and collect the administrative charge on behalf of the city. The court shall set forth the requirement and amount of the administrative charge as a separate item in all orders and judgments, and not as part of any sentence or probation conditions imposed by the city court in the criminal case.
(c) No person whom the city court finds to be indigent shall be required to pay the monetary charge authorized in this section. If the court finds that a person is able to pay only a portion of the administrative charge as calculated by the chief of police pursuant to subsection (d), the court may waive that portion that the court finds the person is unable to pay.
(d) The chief of police shall, on a periodic basis, determine the amount of costs and expenses, including but not limited to officer salaries, directly incurred by the city police department in the investigation of violations of A.R.S. § 28-1381 et seq., and set the administrative charge to be assessed against each convicted person at an amount reasonably calculated to recover all or part of those costs and expenses, but in no event to exceed the average case amount of such costs and expenses. The calculated amount shall not include costs and expenses for officer testimony given during discovery, or at a hearing or trial. The chief of police shall communicate the amount of the administrative charge to be assessed against each convicted person to the city court.
(e) The administrative charge collected by the city court shall be deposited in the general fund.
(f) In addition to any other rights and remedies available to the city, the city attorney is authorized to institute any appropriate civil action in any court of competent jurisdiction for recovery of the administrative charge authorized under this section.
(g) The liability imposed under this section is in addition to and not in limitation of any other liability which may be imposed, except that this section shall not apply in any case where the convicted person caused an accident that resulted in an appropriate emergency response, thereby making A.R.S. § 28-1386 et seq. applicable. It is the intent of the mayor and council that this section supplement the provisions of A.R.S. § 28-1386 et seq. in cases where that statute is not applicable, and that A.R.S. § 28-1386 et seq. control in the event of any actual conflict between it and this section.
(h) The administrative charge provided for in this section is hereby declared to be a cost recovery measure, administrative in nature, separate from and in addition to any sentence or probation conditions imposed by the city court in the criminal case.
(i) As used in this section, the term "chief of police" includes any designee(s) of that officer.
(Ord. No. 8729, § 1, 7-1-96; Ord. No. 8958, § 2, 9-22-97)
(a) A default fee of fifty dollars ($50.00) for each charge shall be assessed against a defendant who fails to appear, or who fails to pay a sanction or penalty imposed by the court, in any case involving a civil traffic violation of the Arizona Revised Statutes or civil violation, civil infraction or civil parking infraction of the Code.
(b) The default fee may be waived or suspended when such waiver would be in the interest of justice. No person who is found to be indigent by the city court shall be required to pay the default fee.
(c) The default fee provided for in this section is hereby declared to be a cost recovery measure, administrative in nature, separate from and in addition to any other fines or fees imposed. The city court shall set forth the requirement and amount of such default fee as a separate item in all orders and judgments.
(d) In addition to any other rights and remedies available to the city, the city attorney is authorized to institute appropriate civil action in any court of competent jurisdiction for recovery of the default fee authorized under this section.
(Ord. No. 9194, § 1, 1-25-99; Ord. No. 10010, § 1, 8-2-04)
(a) Each person filing a motion in a post-adjudicated civil case, to include those in default and/or submitted to the Fines Fees and Restitution Enforcement (FARE) program, will pay a five dollar ($5.00) post-adjudicated civil motion filing fee. The five dollar ($5.00) filing fee shall be paid prior to acceptance and processing of the motion.
(b) Absent extraordinary circumstances the five dollar ($5.00) filing fee shall not be waived. When waving the five dollar ($5.00) filing fee, city court shall set forth the extraordinary circumstances in all orders and judgments waving the fee.
(c) The post-adjudicated civil motion filing fee provided for in this section is hereby declared to be a cost recovery measure, administrative in nature, separate from and in addition to any sentence or civil penalty previously imposed by the court.
(d) In addition to any other rights and remedies available to the city, the city attorney is authorized to institute any appropriate civil action in any court of competent jurisdiction for recovery of the post adjudicated civil motion filing fee authorized under this section.
(Ord. No. 10849, § 1, 11-9-10, eff. 12-1-10)
(a) Each person requesting the court for an extension of time to complete Defensive Driving School shall pay a seventeen dollar ($17.00) rescheduling fee. The seventeen dollar ($17.00) rescheduling fee shall be paid prior to each court authorized extension.
(b) The rescheduling fee provided for in this section is hereby declared administrative in nature, separate from and in addition to any sentence or civil penalty previously imposed by the court.
(c) In addition to any other rights and remedies available to the city, the city attorney is authorized to institute any appropriate civil action in any court of competent jurisdiction for recovery of the DDS rescheduling fee authorized under this section.
(Ord. No. 10901, § 1, 6-14-11, eff. 7-1-11)
Any civil fine not paid within thirty (30) days after judgment shall constitute a lien against the real property of the defendant and may be filed with the county recorder's office. The city attorney may commence a separate legal action in city court to collect the fine. When the magistrate, special magistrate or limited special magistrate or full-time magistrate pro tempore orders correction or abatement of a civil violation or civil infraction, and there is no compliance within thirty (30) days, such violation shall be deemed a public nuisance, and the city attorney may seek injunctive relief in a court of competent jurisdiction. Any action taken under this section shall be in addition to any other remedies provided for in this Code.
(Ord. No. 7887, § 7, 8-3-92; Ord. No. 12110, § 1, 8-7-24)
(a) The rules of criminal procedure of the state shall apply to all criminal proceedings in city court. The rules of procedure in civil traffic violation cases shall apply to all proceedings in city court for civil traffic violations. The Local Rules of Practice and Procedure in City Court Civil Proceedings shall apply to all proceedings for civil parking infractions and to all other actions for civil violations or civil infractions of this Code.
(b) The civil rules of the justice courts of the state shall apply to civil actions filed by an interested party or individual aggrieved by an employer's or hiring entity's violation of chapter 17, article X until such time that the city court adopts rules for the adjudication of civil actions initiated by a private litigant.
(Ord. No. 7887, § 8, 8-3-92; Ord. No. 11868, 8-10-21)
In the trial of offense for the violation of the Charter and ordinances of the city and the laws of the state which are within the jurisdiction of the city court, and which by common law were not triable before a jury, no jury trial shall be granted. But in all cases where the offense charged was an offense at common law, a trial by jury shall be had if demanded by either the state or the defendant before the commencement of the trial. Unless such demand is made not less than three (3) days before the commencement of the trial, trial by jury shall be deemed waived.
(1953 Code, ch. 9A, § 14; Ord. No. 7733, § 7, 12-9-91)
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