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Tucson Overview
Tucson, AZ Code of Ordinances
TUCSON, ARIZONA CHARTER AND GENERAL ORDINANCES
ADOPTING ORDINANCES
PART I CHARTER*
PART II TUCSON CODE
Chapter 1 GENERAL PROVISIONS
Chapter 2 ADMINISTRATION*
Chapter 3 RESERVED*
Chapter 4 ANIMALS AND FOWL*
Chapter 5 BICYCLES AND SHARED MOBILITY DEVICES*
Chapter 6 BUILDINGS, ELECTRICITY, PLUMBING, AND MECHANICAL CODE*
Chapter 7 BUSINESSES REGULATED*
Chapter 7A CABLE COMMUNICATIONS*
Chapter 7B COMPETITIVE TELECOMMUNICATIONS
Chapter 7C RESERVED*
Chapter 7D LOCATION AND RELOCATION OF FACILITIES IN RIGHTS-OF-WAY
Chapter 8 CITY COURT*
ARTICLE I. IN GENERAL*
Sec. 8-1. Jurisdiction, powers, duties.
Sec. 8-2. Appointment of magistrates; several powers, duties.
Sec. 8-2.1. Methods of appointment of magistrates and qualifications; establishing senior special magistrate status and compensation.
Sec. 8-2.2. Appointment of special magistrates; full-time magistrate pro tempore; terms of office; compensation; powers; duties; qualifications.
Sec. 8-2.3. Appointment of limited special magistrates; term; powers; duties; qualifications; compensation.
Sec. 8-2.4. Criminal history records check prior to appointment of city magistrates.
Sec. 8-2.5. Justices of the peace appointed as special magistrates for weekend arraignments, initial appearances, and conflict and other cases designated by the presiding magistrate.
Sec. 8-3. Conducting business on nonjuridical days.
Sec. 8-4. Magistrates; powers and duties.
Sec. 8-4.1. Authorizing assignment of a presiding magistrate, term, compensation, duties.
Sec. 8-5. Duty to fix bond, bail, fines, penalties, fees and assessments.
Sec. 8-5.2. Probation monitoring fees.
Sec. 8-6. Assumption of chapter 28 procedures.
Sec. 8-6.1. Penalties.
Sec. 8-6.3. Reimbursement of city's costs of incarceration; factors to be considered; exemption for indigent persons; reimbursement separate and distinct from any sentence or probation conditions; action for recovery authorized.
Sec. 8-6.4. Administrative fee for warrants issued for failure to pay fines or restitution; exemption for indigent persons; fee separate and distinct from any sentence or probation conditions; action for recovery authorized.
Sec. 8-6.5. Case processing fee; exemption for indigent persons; deposit and use of funds collected; fee separate and distinct from any sentence or probation conditions or civil penalty; action for recovery authorized.
Sec. 8-6.6. Assessment of administrative charge on persons convicted in city court of violations of A.R.S. § 28-1381 et seq.
Sec. 8-6.7. Administrative default fee; exemption for indigent persons; fee separate and distinct from any fine or other fee; action for recovery authorized.
Sec. 8-6.8. Post-adjudicated civil motion filing fee; exemption for extraordinary circumstances; fee separate and distinct from any sentence; action for recovery authorized.
Sec. 8-6.9. Defensive Driving School (DDS) rescheduling fee; fee separate and distinct from any sentence; action for recovery authorized.
Sec. 8-7. Fines; collection; abatement.
Sec. 8-8. City court procedures.
Sec. 8-9. When jury trial required.
Sec. 8-10. Summoning jurors.
Sec. 8-11. Number of jurors; challenges for cause.
Sec. 8-12. Pay of jurors.
Sec. 8-13. Execution to collect fine.
Sec. 8-14. Director of finance; powers and duties in relation to city court.
Secs. 8-15--8-34. Reserved.
ARTICLE II. RESERVED*
Chapter 9 PUBLIC SAFETY COMMUNICATIONS*
Chapter 10 CIVIL SERVICE--HUMAN RESOURCES*
Chapter 10A COMMUNITY AFFAIRS
Chapter 10B HOUSING AND COMMUNITY DEVELOPMENT*
Chapter 10C RESERVED*
Chapter 11 CRIMES AND OFFENSES*
Chapter 11A GENERAL SERVICES DEPARTMENT*
Chapter 11B PLANNING AND DEVELOPMENT SERVICES DEPARTMENT*
Chapter 12 ELECTIONS*
Chapter 12A BUSINESS SERVICES DEPARTMENT
Chapter 13 FIRE PROTECTION AND PREVENTION*
Chapter 14 LABOR ORGANIZATION AND EMPLOYEE ASSOCIATION ELECTION PROCEDURE, MEET AND CONFER AND MEET AND DISCUSS*
Chapter 15 ENVIRONMENTAL SERVICES DEPARTMENT*
Chapter 16 NEIGHBORHOOD PRESERVATION*
Chapter 17 HUMAN RELATIONS*
Chapter 18 SELF-INSURED RISK PROGRAM AND TRUST FUND*
Chapter 19 LICENSES AND PRIVILEGE TAXES*
Chapter 20 MOTOR VEHICLES AND TRAFFIC*
Chapter 21 PARKS AND RECREATION*
Chapter 22 PENSIONS, RETIREMENT, GROUP INSURANCE, LEAVE BENEFITS AND OTHER INSURANCE BENEFITS*
Chapter 23 LAND USE CODE*
Chapter 23A DEVELOPMENT COMPLIANCE CODE*
Chapter 23B UNIFIED DEVELOPMENT CODE*
Chapter 24 SEWERAGE AND SEWAGE DISPOSAL*
Chapter 25 STREETS AND SIDEWALKS*
Chapter 26 FLOODPLAIN, STORMWATER, AND EROSION HAZARD MANAGEMENT*
Chapter 27 WATER*
Chapter 28 TUCSON PROCUREMENT CODE*
Chapter 29 ENERGY AND ENVIRONMENT
Chapter 30 DEPARTMENT OF TRANSPORTATION*
DISPOSITION TABLE - 1953 CODE
CODE COMPARATIVE TABLE
Tucson, AZ Unified Development Code
Tucson Administrative Directives
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Sec. 8-5. Duty to fix bond, bail, fines, penalties, fees and assessments.
The city magistrates shall fix all bonds, bail, fines, penalties, fees and other assessments which are now or hereafter may be provided by law.
(1953 Code, ch. 9A, § 6; Ord. No. 4679, § 4, 6-27-77; Ord. No. 7733, § 7, 12-9-91)
   Note: Formerly, § 8-6. Renumbered § 8-5 by § 7 of Ord. No. 7733.
Sec. 8-5.2. Probation monitoring fees.
When granting supervised probation, the city court shall, as a condition of such probation, assess a monthly probation monitoring fee reflecting the actual costs of such supervised probation, including screening sessions, any necessary testing, court-ordered treatment, and any other necessary costs of supervised probation. Such monthly probation monitoring fee shall be not less than the sum specified in A.R.S. 13-901(A), or any successor provision(s), unless, after determining the inability of the probationer to pay the fee, the city court assesses a lesser fee. Such monthly probation monitoring fee may be assessed only when the person is placed on supervised probation.
(Ord. No. 8521, § 1, 6-12-95)
Sec. 8-6. Assumption of chapter 28 procedures.
All references in this Code to section 28-12 shall be amended to read section 8-6.1, all references in this Code to section 28-14 shall be amended to read Rule 23 of Local Rules of Practice and Procedure in City Court Civil Proceedings, and all references in the Code to chapter 28 shall be amended to read chapter 8.
(Ord. No. 7887, § 5, 8-3-92)
Sec. 8-6.1. Penalties.
   (a)   Unless otherwise provided in this Code, when a civil violation or civil infraction is determined, the following penalties shall be imposed:
   (1)   A person found responsible for a civil violation or civil infraction for the first time shall be fined not less than one hundred dollars ($100.00) nor more than twenty-five hundred dollars ($2,500.00) per civil violation or civil infraction. A person found responsible for the same civil violation or civil infraction for a second time shall be fined not less than two hundred dollars ($200.00) nor more than twenty-five hundred dollars ($2,500.00) per civil violation or civil infraction. A person found responsible for the same civil violation or civil infraction for a third or subsequent time shall be fined not less than three hundred dollars ($300.00) nor more than twenty-five hundred dollars ($2,500.00) per civil violation or civil infraction. The imposition of a fine for civil violations or civil infractions shall not be suspended.
   (2)   The magistrate, special magistrate or limited special magistrate shall, after a finding of responsibility, order abatement of the civil violation or civil infraction. An abatement order shall be effective for one (1) year unless stayed on appeal. If stayed on appeal the order shall be effective for one (1) year from the end of the appeal if the finding of responsible and sentence is upheld.
   (3)   The magistrate, special magistrate or limited special magistrate shall warn a violator that additional fines will be imposed for failure to abate a violation, and criminal charges may be brought by the city attorney for failure to obey an order to abate a violation.
   (b)   Failure of a defendant to comply with any order contained in a judgment for a civil violation or civil infraction shall result in an additional fine of not less than one hundred dollars ($100.00) nor more than twenty-five hundred dollars ($2,500.00) for each day the defendant fails to comply. A defendant's second failure to comply with any order contained in a judgment for a civil violation or civil infraction shall result in an additional fine of not less than two hundred dollars ($200.00) nor more than twenty-five hundred dollars ($2,500.00) for each day after the first determination of the defendant's failure to comply; a defendant's third and subsequent failures to comply with any order contained in a judgment for a civil violation or civil infraction shall result in an additional fine of not less than three hundred dollars ($300.00) nor more than twenty-five hundred dollars ($2,500.00) for each day after the second or subsequent determination of the defendant's failure to comply; provided, however, that the total fines imposed by this subsection and subsection (a) shall not exceed twenty-five hundred dollars ($2,500.00) per civil violation or civil infraction.
(Ord. No. 7887, § 6, 8-2-92; Ord. No. 8154, § 2, 11-8-93; Ord. No. 8672, § 1, 4-8-96; Ord. No. 11393, § 3, 8-9-16; Ord. No. 12110, § 1, 8-7-24; Ord. No. 12115, § 3, 8-27-24)
Sec. 8-6.3. Reimbursement of city's costs of incarceration; factors to be considered; exemption for indigent persons; reimbursement separate and distinct from any sentence or probation conditions; action for recovery authorized.
   (a)   Where the city court sentences a person to a term of incarceration in the Pima County Jail, or makes a term of incarceration a condition of the person's probation for an offense, the city court shall order the person to reimburse the city for all or part of the actual incarceration costs to the city; EXCEPT THAT no person found by the city court to be indigent shall be required to reimburse the city for such incarceration costs.
   (b)   The city court shall determine the amount of incarceration costs to be reimbursed to the city based on the actual per diem per person cost of incarceration incurred by the city and on the person's ability to pay all or part of the incarceration costs.
   (c)   The reimbursement of incarceration costs 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. The city court shall set forth the requirement and amount of such reimbursement of incarceration costs as a separate item in all orders and judgments.
   (d)   In addition to any other rights and remedies available to the city, where a person fails to reimburse the city for costs of incarceration in accordance with an order of the city court pursuant to this section the city attorney is authorized to institute any appropriate civil action in any court of competent jurisdiction for recovery of such costs of incarceration.
(Ord. No. 8557, § 1, 8-7-95)
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