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Weston Overview
Weston, WV Code of Ordinances
WESTON, WEST VIRGINIA CODE OF ORDINANCES
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCE
CHAPTER 34: POLICE COURT
Section
General Provisions
   34.01   Police Court established; Mayor as Police Court Judge; City Clerk as Police Court Clerk
   34.02   Powers and duties of City Clerk when Mayor absent
   34.03   Bailiff
   34.04   Application of Charter and statutes
   34.05   Style of process
   34.06   Several offenses charged in one warrant for violation of ordinance
   34.07   Ordinances, resolutions, and the like as prima facie evidence
   34.08   False swearing and subordination of false swearing
   34.09   Hindering witnesses and the like prohibited
   34.10   Contempts and their punishment
   34.11   Disposition of fines, fees, and the like
   34.12   Special fees
   34.13   Taxable costs
   34.14   City not liable for costs
   34.15   Judgment order; imprisonment for nonpayment of fine or costs
   34.16   Appeals
   34.17   Qualification and compensation
   34.18   Dates and times of hearings
Fines and Costs when Defendants Unable to Pay
   34.30   Installment or other method of payment when defendant unable to pay
   34.31   Determination of ability to pay; questionnaire to be answered by defendant; assistance to defendant; penalty for false swearing
   34.32   Payment of fine may be made condition of probation or suspension of sentence
   34.33   Court may require defendant to be on good behavior until fine and costs are paid
   34.34   Procedure upon default in payment under agreement; confinement in case of willful default
   34.99   Penalty
GENERAL PROVISIONS
§ 34.01 POLICE COURT ESTABLISHED; MAYOR AS POLICE COURT JUDGE; CITY CLERK AS POLICE COURT CLERK.
   (A)   Being the intent of City Council to create a formal Municipal Court/Police Court Judge position, and pursuant to W. Va. Code 8-10-2, the City Council has created a Municipal Court Judge position. The City Council intends this chapter to apply retroactively to April 6, 2020. In the event that this chapter cannot be applied retroactively, the position of Municipal Court Judge shall become effective on the date this chapter was passed.
   (B)   All prior ordinances in conflict with this chapter are hereby repealed, except that this chapter shall not repeal § 21 of the Weston City Code of 1972. This chapter, relative to the Weston City Code of 1972, simply places the role of Police Court Judge in the hands of a Municipal Court Judge position and not in the hands of the Mayor.
   (C)   The terms MUNICIPAL COURT and POLICE COURT shall mean the same court for purposes of this chapter.
   (D)   All prosecutions for violation of this code and other ordinances of the city shall be tried in the Police Court of the city. The City Clerk shall be the judge of the Police Court and all trials shall be held before him or her. The City Clerk shall be the clerk of the Police Court.
   (E)   The City Clerk, acting as Police Court Judge, pursuant to the ordinances of the city, the statutes of the state, and the Charter of the city, shall be entitled to an annual compensation; such compensation shall be solely for the additional duties of the Clerk as Police Court Judge for the city and shall be solely his or her compensation for such services.
   (F)   The Municipal Court Judge shall hear all matters arising under the laws, ordinances, rules, regulations, and the like of the city.
   (G)   In the event the Municipal Court judge is unable to perform his or her duties, the role of Municipal Court Judge shall be placed on the Mayor. In the event the Mayor cannot fulfill the role, the City Clerk shall perform the duties of Municipal Court Judge.
(Prior Code, § 21-1) (Ord. passed 1-31-2008; Ord. passed 6-7-2021)
Charter reference:
   As to docket and records of Mayor’s Court, see Charter § 35
   Certified copies of ordinances and the like deemed prima facie evidence, see Charter § 23
   Mayor’s powers, see Charter § 20
Statutory reference:
   Authority of city to establish a Police Court, see W. Va. Code 8-10-2
   Authority of Mayor as ex officio justice and the like, see W. Va. Code 8-10-1
   Authority to commit prisoners to county jail, see W. Va. Code 8-10-1 and 8-11-1
   Commitment to workhouse, see W. Va. Code 7-9-16 and 7-9-19
§ 34.02 POWERS AND DUTIES OF CITY CLERK WHEN MAYOR ABSENT.
   The City Clerk shall be the clerk of the Police/Municipal Court. The City Clerk shall be an amount set by City Council for the role of Municipal Court Clerk. If the City Clerk is unable to perform the duties of the Municipal Court Clerk, then said duties shall be performed by a person designated by the City Council until the City Clerk is once again able to perform said Municipal Court Clerk duties. The Municipal Court Clerk shall be appointed every year.
(Prior Code, § 21-2) (Ord. passed 6-7-2021)
Charter reference:
   Acting Mayor when both Mayor and City Clerk are absent or disabled, see Charter § 21-a
   Authority of City Clerk when Mayor absent or disabled, see Charter § 21
§ 34.03 BAILIFF.
   The Chief of Police shall, by roster or otherwise, designate a police officer to attend all sessions of the Police Court as bailiff. The bailiff shall preserve order in the court room and in the immediate vicinity thereof, and shall execute all orders given him or her by the Police Court Judge.
(Prior Code, § 21-3)
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