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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)
(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)
(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)
(a) When a city court magistrate issues a warrant for failure to pay a fine or restitution, the court shall impose a warrant fee in the amount of fifty dollars ($50.00) upon the person who is the subject of the warrant, to cover the city court's administrative cost for processing such warrants. As used in this section, the term "magistrate" includes senior special magistrates, magistrates, special magistrates, limited special magistrates, and full-time magistrates pro tempore.
(b) The warrant 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 warrant fee.
(c) The warrant 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 probation conditions imposed by the city court in the criminal case. The city court shall set forth the requirement and amount of such warrant 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 any appropriate civil action in any court of competent jurisdiction for recovery of the warrant fee authorized under this section.
(Ord. No. 8557, § 1, 8-7-95; Ord. No. 12110, § 1, 8-7-24)
(a) Each person found guilty or responsible or who enters a plea of guilty or responsible for any charge in a city court case shall be assessed a processing fee of twenty dollars ($20.00) for each charge to cover part of the cost of processing that person's charge through the city court system.
(b) The case processing 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 case processing fee.
(c) The case processing 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 probation conditions imposed by the city court in any criminal case, or any civil penalty in cases where a civil penalty is imposed. The city court shall set forth the requirement and amount of such case processing 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 any appropriate civil action in any court of competent jurisdiction for recovery of the case processing fee authorized under this section.
(Ord. No. 9851, § 1, 5-12-03; Ord. No. 10585, § 1, 10-7-08, eff. 1-1-09)
(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)
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