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.

   (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)

Sec. 8-6.9. Defensive Driving School (DDS) rescheduling fee; fee separate and distinct from any sentence; action for recovery authorized.

   (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)

Sec. 8-7. Fines; collection; abatement.

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)

Sec. 8-8. City court procedures.

   (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)

   Note: Formerly, § 8-9. Renumbered § 8-8 by § 7 of Ord. No. 7733.

Sec. 8-9. When jury trial required.

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)

   Note: Formerly, § 8-10. Renumbered § 8-9 by § 7 of Ord. No. 7733.

Sec. 8-10. Summoning jurors.

Upon proper demand by either of the parties for a jury trial in a case triable before a jury as herein provided, the magistrate shall issue an order directed to the chief of police or to any police officer of the city, commanding such officer to summon from the citizens of the city, and not from the bystanders, the number of qualified persons specified in the order to serve as jurors in the case. In the alternative, juries may be formed and jurors summoned in the manner authorized in A.R.S. sections 22-320.B and 22-426, as amended.

(1953 Code, ch. 9A, § 14; Ord. No. 5091, § 1, 1-21-80; Ord. No. 7733, § 5, 12-9-91)

   Note: Formerly, § 8-11. Renumbered § 8-10 and the text amended by § 5 of Ord. No. 7733.

Sec. 8-11. Number of jurors; challenges for cause.

In trials for offenses within the jurisdiction of this court which are triable by jury, the jury shall consist of six (6) persons but may, by consent of both parties, consist of any number less than six (6) and not under three (3). Any juror shall be subject to challenge for cause, which challenge for cause shall be tried by the court. At the time appointed for a jury trial in the city court, the list of jurors summoned shall be called; and if they all attend they shall constitute the jury unless excused or successfully challenged, in which case enough others to complete the jury shall be forthwith summoned in the manner hereinbefore provided.

(1953 Code, ch. 9A, § 15; Ord. No. 7733, § 7, 12-9-91)

   Note: Formerly, § 8-12. Renumbered § 8-11 by § 7 of Ord. No. 7733.

Sec. 8-12. Pay of jurors.

   (a)   Jurors who serve one (1) session shall receive the sum of five dollars ($5.00). Jurors who serve the morning session and the afternoon session shall receive the sum of eight dollars ($8.00); and in addition thereto the jurors shall receive free parking either by having parking spaces allocated for their vehicles or through the validation of their parking tickets, the sums to be paid by the city.

   (b)   A session of court shall be designated as a morning session or an afternoon session. The morning session will be between the hours of 8:30 a.m. and 12:00 noon, and the afternoon session shall be between the hours of 1:30 p.m. and 5:00 p.m.

   (c)   In the alternative, jurors may be paid as authorized in A.R.S. section 21-221, as amended.

(1953 Code, ch. 9A, § 20; Ord. No. 2852, § 1, 3-7-66; Ord. No. 4064, §§ 1, 2, 7-16-73; Ord. No. 5091, § 2, 1-21-80; Ord. No. 7733, § 6, 12-9-91)

   Note: Formerly, § 8-13. Renumbered § 8-12 and the text amended by § 6 of Ord. No. 7733.

Sec. 8-13. Execution to collect fine.

The city may, if a fine is imposed for the violation of its Charter, ordinances or the statutes of the state within the jurisdiction of the city court, have execution against the property of the defendant as in civil actions.

(1953 Code, ch. 9A, § 23; Ord. No. 7733, § 7, 12-9-91)

   Note: Formerly, § 8-14. Renumbered § 8-13 by § 7 of Ord. No. 7733.