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
(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(B) All prior ordinances in conflict with this chapter are hereby repealed, except that this chapter shall not repeal § 21 of the Weston City Code of 1972.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
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
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
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