Sec. 1. Established; when open; conducting business on nonjuridical days.

There shall be and is hereby established in the city a municipal court, to be known and designated "The City Court of The City of Tucson, Pima County, State of Arizona," which court shall always be open, except on nonjuridical days, and on such nonjuridical days it may transact such business within its jurisdiction as is authorized by general law to be transacted by courts of justice of the peace, relative to businesses within their jurisdiction.

Sec. 2. Jurisdiction generally.

Said court shall, within the territorial limits of said city, have and exercise jurisdiction as follows:

It shall have and exercise exclusive original jurisdiction of all proceedings of a criminal nature for the violation of any ordinance of said city, and of every action of a civil nature for the enforcement of a penalty, or the recovery of a penalty or forfeiture imposed by any ordinance of said city for violation thereof, or for neglect to perform any duty by any ordinance imposed, and of every action for the collection of any license, fine, or penalty due from any person to said city, and required to be paid, or which is due and collectible under the ordinance[s] of said city.

Sec. 3. Appointment, duties, term of magistrate.

There shall be at least one (1) city magistrate appointed by the mayor and council, who shall be judge of the city court. He shall hold office for a term of two (2) years, or until his successor is appointed and qualified, unless sooner removed from office in the manner provided in this Charter.

   Cross References: Manner of removing magistrates, ch. V, §§ 4, 4.1.

Sec. 4. Mayor and council to provide courtroom, supplies, clerical help; records required; disposition of fines, fees.

The mayor and council shall provide each magistrate with a proper court room, and with all necessary stationery, furniture and paraphernalia. The mayor and council shall also provide proper and necessary clerical force for the keeping and maintaining of a proper record of the transactions of the magistrate's court, and of the acts, judgments and orders of the said magistrate, and the clerk may be assigned to that duty. All fines, penalties and fees collected by the magistrate in the course and performance of his duties shall be paid to the treasurer on the first day of each and every month, and proper receipt taken therefor. The moneys so paid by the magistrate may, by ordinance of the mayor and council, be apportioned to any particular fund, and shall thereafter be used in accordance with such ordinance.

   Editors Note: The powers and duties of the city treasurer are now performed by the director of finance under ch. XXIX.

Sec. 5. Authority to issue writs and processes; service; authority to administer oaths.

For the proper carrying out of the jurisdiction, vested in said magistrate, he shall be entitled and authorized to issue and cause to be served, any and all writs and processes, and he shall have full authority to hear and determine all matters properly coming before him and coming within his jurisdiction herein specified. The writs and processes to be used by said magistrate shall be similar to those used by justices of the peace in cases of a similar nature, and proper record shall be kept of the issuance of writs and processes and returns, and of any and all other actions taken relative thereto, and the actions of the court thereon. Any person may be authorized by the court and directed to execute and serve any and all writs and processes issued out of said magistrate's court by said magistrate, and proper return shall be made by such person to the same extent as is required of constables and sheriffs in the service and execution of similar papers.

Other methods for service of writs and processes that may from time to time be authorized by the laws of the State of Arizona shall be valid.

The magistrate shall have power to administer oaths to witnesses, and all oaths necessary or incident to the performance of the duties of his office.

(Ord. No. 4394, eff. 1-9-76)

   Cross References: Authority of police to serve process of superior or justices of the peace court, ch. X, § 7.

Sec. 6. Exercise of statutory powers and jurisdiction.

Said court shall, in addition, have such powers and jurisdiction as is now or may hereafter be granted under the laws of the state for police courts in cities incorporated under the general laws of the state.

   State Law References: Police courts generally, A.R.S. § 22-401 et seq.

Sec. 7. Appeals.

Any person aggrieved at the decision of the magistrate may appeal therefrom to such higher court as is now or may hereafter be provided for appeals from justices' courts in criminal cases, and in accordance with the provisions of the laws of Arizona regulating the same.

Annotation--Despite the fact that an appeal to Superior Court under this section and general law is tried de nova, it is not necessary that any information be filed and the cause may be prosecuted by the city attorney rather than the county attorney, Ex Parte Coone, 67 Ariz. 299, 195 P. 2d 149.

   State Law References: Appeals from justices' courts in criminal cases, A.R.S. 22-371 et seq.