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ORDINANCE NO. 20-01
BILL NO. 420 ORDINANCE NO. 20-01
AN ORDINANCE AMENDING TITLE 1 OF THE YERINGTON CITY CODE BY ADDING THERETO PROVISIONS EXPRESSLY ALLOWING YERINGTON MUNICIPAL COURT TO CONDUCT JURY TRIALS IN APPROPRIATE CIRCUMSTANCES; DESCRIBING PERSONS QUALIFIED TO ACT AS JURORS; GRANTING YERINGTON MUNICIPAL COURT AUTHORITY TO ESTABLISH POLICIES AND PROCEDURES FOR JURY TRIALS; AND PROVIDING OTHER MATTERS PROPERLY RELATED THERETO.
THE CITY COUNCIL OF THE CITY OF YERINGTON DOES ORDAIN:
TITLE 1. CHAPTER 9 - MUNICIPAL COURT. Section 1-9-1. “Legislative findings and declarations” is hereby added as follows:
The City Council hereby finds and declares:
Protecting accused criminal defendants’ constitutional and legal rights is of paramount importance in the criminal justice system;
Providing accused defendants with all constitutional and legal rights they are owed is indispensable to the evenhanded pursuit of justice and essential to obtaining meaningful, fair and just criminal convictions to protect the public health, safety, and welfare;
The Yerington Municipal Court is vested with jurisdiction over all misdemeanor criminal offenses committed within the City of Yerington;
The Nevada Supreme Court has determined that trial by jury is constitutionally required in certain misdemeanor cases;
No applicable authority prohibits the Yerington Municipal Court from conducting a trial by jury in a misdemeanor case in which a defendant possesses a constitutional right to a trial by jury;
The Nevada Legislature has declared that the Yerington City Charter shall be liberally construed to provide for the orderly government of the City and the general welfare of its citizens;
The Nevada Legislature has declared that the City Council may exercise all powers necessary or proper to address matters of public health, safety and welfare within the City; and
Recognizing the authority of the Yerington Municipal Court to conduct trials by jury in those misdemeanor cases for which trial by jury is constitutionally or legally required promotes the public health, safety and welfare of all citizens and visitors in the City of Yerington.
TITLE 1. CHAPTER 9 – MUNICIPAL COURT. Section 1-9-2. “Trial by jury” is hereby added as follows:
The Yerington Municipal Court is empowered to conduct trials by jury in misdemeanor criminal cases in which trial by jury is constitutionally required.
TITLE 1. CHAPTER 9 – MUNICIPAL COURT. Section 1-9-3. “Persons qualified to act as jurors” is hereby added as follows:
Every qualified elector of the State of Nevada who resides within the City of Yerington and meets all legal requirements for jury service shall be a qualified juror of the City of Yerington.
TITLE 1. CHAPTER 9 – MUNICIPAL COURT. Section 1-9-4. “Municipal Court Policies and Procedures” is hereby added as follows:
The duly appointed Yerington Municipal Court Judge is hereby authorized to adopt policies and procedures consistent with Nevada law and this Chapter as he or she deems necessary and proper to effectuating trials by jury.
TITLE 1. CHAPTER 9 – MUNICIPAL COURT. Section 1-9-5. “Juror compensation” is hereby added as follows:
Jurors shall be compensated in accordance with the policies and procedures adopted by the Yerington Municipal Court.
TITLE 1. CHAPTER 9 – MUNICIPAL COURT. Section 1-9-6. “Liberal construction” is hereby added as follows:
The provisions of this ordinance shall be liberally construed to effectively carry out its purposes in the interest of the public health, safety, welfare and convenience.
TITLE 1. CHAPTER 9 – MUNICIPAL COURT. Section 1-9-7. “Severability” is hereby added as follows:
If any subsection, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions.
PASSED AND ADOPTED this 26 th day of May, 2020 by the following vote of the Yerington City Council:
AYES: Council Members: Jerry Bryant, Selena Catalano, Shane Martin and Terceira Schunke_
APPROVED this 26 th day of May, 2020 by:
JOHN J. GARRY, Mayor
SHEEMA D. SHAW, Interim City Clerk