ORDINANCE # SECTION 1. Definitions. Sec Use of uniform non-traffic citation and complaint.

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1 ORDINANCE # AN ORDINANCE OF THE CITY OF HALEYVILLE, ALABAMA ADOPTING THE USE OF THE ALABAMA UNIFORM NON- TRAFFIC CITATION AND COMPLAINT, ADOPTING THE EXTENDED SCHEDULE OF FINES IN ALABAMA RULES OF JUDICIAL ADMINISTRATION AND ESTABLISHING LOCAL SCHEDULE OF OFFENSES FOR USE WITH UNTCC. WHEREAS, the City of Haleyville, Alabama desires to update its procedures for the handling of non-traffic offenses such that it may avoid the necessity of taking individuals into custody for nonviolent offenses which may appropriately be charged by the use of the uniform non-traffic citation adopted by the Alabama Supreme Court; and, WHEREAS, the City of Haleyville desires to adopt a set of uniform procedures which will allow for the acceptance of guilty pleas by the Magistrates of the City without the individual being required to make a court appearance which places an unnecessary burden on the court system and the individual charged with minor violations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HALEYVILLE, ALABAMA THAT THERE BE ADDED TO THE CODE OF ORDINANCES FOR HALEYVILLE, ALABAMA CHAPTER XV NON-TRAFFIC CITATION AND COMPLAINT PROCEDURE, TO-WIT: SECTION 1. Definitions Sec Use of uniform non-traffic citation and complaint. The uniform non-traffic citation and complaint shall be used for all of the offenses listed on the schedule of fines in the appendix to Section Any ticket properly issued by a law enforcement officer shall be accepted for filing and disposition in the municipal court of the City.

2 Sec Form of complaint. The form and content of the uniform non-traffic citation and complaint shall be as prescribed by the State of Alabama as found in Rule 20 Ala. R. Jud. Admin., Appendix A as may from time to time be amended. The current version is attached hereto as Appendix A to this Chapter. (a) Police officers of the City of Haleyville are hereby authorized to issue uniform non-traffic citations for the offenses as set forth in Section Code of Alabama, the Alabama Rules of Judicial Administration, the Alabama Supreme Court s extended schedule of fines, as each shall from time to time be amended, as well as for the offenses set forth in Section (b) The municipal court, its clerk, magistrates, police officers, appropriate representative of the Fire Department, and the Enforcement Officer of the City of Haleyville (hereinafter referred to collectively as officer ) are hereby authorized to issue uniform non-traffic citations for the prosecution of all crimes (violations and misdemeanors) for which the municipal court has jurisdiction. However, such shall not be used for crimes pertaining to the use or consumption of alcoholic beverages or any controlled substance, which is connected with a violent act, that requires restitution to a victim of a crime or those offenses listed in Rule 20 (D), Alabama Rules of Judicial Administration. (c) The processing and disposition of said uniform non-traffic citations by the Haleyville Municipal Court shall be consistent with the procedures set forth in the Alabama Rules of Judicial Administration with court costs being taxed for each offense in amounts established by the State of Alabama, the Alabama Supreme Court and the City of Haleyville. Sec Procedures (a) Issuance of summons and complaint. Whenever any person is charged with a violation of any of the offenses enumerated in Section 15-4, the charging officer shall take the name and address of such person and any other identifying information and issue a summons and complaint to the

3 person charged in the form of the Uniform Non-Traffic Citation. Such officer shall release the person from custody upon his written promise to appear in court at the designated time and place as evidenced by his signature on the summons and complaint where applicable, without any condition relating to the deposit of security. If any person refuses to give a written recognizance to appear by placing his signature on the summons and complaint or otherwise accept the citation being issued where no signature is required, the officer shall take that person into custody and bring him before any officer or official who is authorized to approve bond. (b) Defendant s appearance and plea. When a person is charged with one of the enumerated offenses or ordinance violations in either Appendix B or C which does not require a court appearance, he may elect to appear before the municipal court magistrate within the time specified in the summons and complaint, and upon entering a plea of guilty, pay the fine and court cost. A plea of guilty shall only be accepted by the magistrate after the defendant has executed a notice and waiver of rights form as prescribed by Rule 20 Ala. R. Jud. Admin. All other violations and misdemeanors charged by the use of Uniform Non-Traffic Citation which requires a court appearance, the person so charged shall appear before the municipal court at the time and place specified in the citation or face the additional charges, fines and costs as specified below. (c) Issuance of warrant upon failure to appear. If the defendant fails to appear as specified in the summons and complaint, a judge or magistrate of the municipal court may issue a warrant for his arrest commanding that he be brought before the court to answer the charge contained in the summons and complaint. In addition, any person who willfully violates his promise or bond to appear, given in accordance with this article, shall be guilty of a separate offense of failing to appear, a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested. (d) Posting of schedule of fines. The municipal court clerk shall

4 cause to be posted in a place conspicuous to the public within the clerk s office a schedule of fines for first, second and subsequent offenders for alleged violations of the ordinances enumerated in Section Sec Fines for minor ordinance violations; authority of magistrate to accept pleas of guilty. (a) The City of Haleyville hereby adopts the extended schedule of fines adopted by the Alabama Supreme Court as published in Rule 20, Alabama Rules of Judicial Administration, Appendix B. The Schedule shall apply in municipal ordinance violation cases, misdemeanors or cases charging the violation of a rule or regulation promulgated by a state agency or department and incorporated in municipal ordinances where the defendant elects to plead guilty before a magistrate or violation listed in the schedule. (b) The City of Haleyville hereby adopts the local schedule of fines for minor ordinance violations and misdemeanors which are not set out in the Extended Schedule published by the Alabama Supreme Court but which will none the less assist the municipal court and the municipal magistrate in the administration of justice within the City. Said Schedule is attached hereto as Appendix C. (c) The magistrates of the municipal court of the City shall be authorized to accept guilty pleas for the minor ordinance violations scheduled above in accordance with Rule 20 of the Alabama Rules of Judicial Administration. (d) All other violations or misdemeanors listed in the local schedule found in Appendix C which do not meet the requirements of Code of Alabama or Rule 20 of the Alabama Rules of Judicial Administration shall require a court appearance in order to dispose of the case. (e) Any person who commits a violation of the non-traffic offenses, as found in Appendix C, shall be guilty of a misdemeanor and shall, upon conviction or adjudication of guilt, be punished in accordance with the provisions of the City of Haleyville CODE OF ORDINANCES and the

5 schedule of fines established in Appendix C to this Ordinance. (f) Any person who commits a violation of an ordinance of the City of Haleyville contained in Appendix C shall be guilty of a violation and shall, upon adjudication of guilt, be punished in accordance with the provisions of the City of Haleyville CODE OF ORDINANCES and the schedule of fines established in Appendix C to this Ordinance. SECTION 2. Savings/Repealing Clause All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 3. Severability Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. SECTION 4. Effective Date This Ordinance shall become effective immediately upon its adoption. Adopted and approved this 6th day of September, ATTEST: Ken Sunseri Mayor Debra Hood Acting City Clerk

6 I, Debra Hood, the undersigned Acting City Clerk of the City of Haleyville, Alabama, hereby certify that the foregoing constitutes a true, correct, and complete ordinance duly adopted by the City Council of the City of Haleyville, Alabama, at a meeting thereof held on this 6th day of August 2011, at which meeting a quorum was present and acting throughout. Witness my signature as City Clerk, under the Seal of said City, this 6th day of September, Debra Hood Acting City Clerk Debra Hood City of Haleyville th Avenue Haleyville, AL phone: fax:

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