(A) Establishment of Court. The Magistrate Court is hereby established in the city.
(B) Jurisdiction. The Magistrate Court shall have jurisdiction over all violations of this code of ordinances, and concurrent jurisdiction with Justices of the Peace of precincts in the city, of violations of laws of the state, committed within the limits of the city.
(C) Presiding officer. The presiding officer of the Magistrate Court shall be the City Magistrate, who shall be appointed by the Council. The City Magistrate shall be appointed for a term of two years, to run concurrently with the term of the Justice of the Peace in the city’s Justice Court. During this term, the Magistrate may only be removed for cause.
(D) Duties of City Magistrate. The City Magistrate shall have the following powers and duties:
(1) The powers and duties set forth and conferred upon him or her under the provisions of the State Constitution and statutes, this code, and the ordinances and resolutions of the city;
(2) The keeping of a docket in which shall be entered each action of the proceedings of the Court, therein;
(3) The responsibility for fixing and receiving all bonds and bills, all fines, penalties, fees and other monies as provided by law and collected by the Court; and the payment of such to the Treasurer;
(4) The submission of a monthly report to the Council summarizing the Court activities for that month; and the preparation of schedule of traffic violations, not involving the death of a person, listing the specific bail for each violation; and
(5) The designation of a deputy other than a law enforcement officer, and a specific location at which the Deputy shall, during the hours when the Court is not open, set the amount of bail in accordance with the foregoing schedule; and collect such bail or accept proper bail bonds, in lieu thereof, for and on behalf of the Court.
(E) Proceedings. Proceedings of the Magistrate Court shall be conducted in accordance with the State Constitution, and the applicable state statutes and rules of the state’s Supreme Court pertaining to police courts. The proceedings shall be conducted in accordance with the rules of criminal procedure for the Superior Court, unless otherwise prescribed, and providing this code of ordinances and resolutions of the city are not in conflict therewith.
(F) Employees. The City Magistrate shall be authorized to employ such Court Clerks and other auxiliary personnel as is necessary for the proper functions of the Magistrate Court. Said Court Clerks and other personnel shall be responsible for those duties lawfully assigned to them by the City Magistrate.
(Prior Code, § 2-2.05) (Ord. 938, passed 12-12-2014)