1989-177ORDINANCE NO ??'1 /
AN ORDINANCE AMENDING CHAPTER 8 (MUNICIPAL COURT) OF THE CODE OF
THE CITY OF DENTON, TEXAS, BY REPEAL OF THE EXISTING "COURT"
CHAPTER AND BY ADOPTION OF A NEW "MUNICIPAL COURT" CHAPTER,
PROVIDING FOR A MAXIMUM PENALTY OF $200 00 THEREFORE, FOR
VIOLATIONS OF SECTION 8-34 THEREOF, PROVIDING FOR PUBLICATION,
AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That Chapter 8 of the Code of Ordinances of the
City of Denton, Texas, is hereby amended to read as follows
CHAPTER 8
MUNICIPAL COURT
ARTICLE I
ESTABLISHMENT OF THE COURT
Sec 8-1 Creation
There is hereby created a municipal court to be known as the
Municipal Court of the City of Denton, which shall be comprised
of two divisions Any reference hereinafter to the Court shall
be understood to mean the Municipal Court of the City of Denton
Sec 8-2 Jurisdiction
The municipal court of the city established by the City
Charter shall have jurisdication in all criminal cases arising
under the ordinances of the city and in all cases arising under
the criminal laws of the state, pursuant to Section 29 003,
Government Code The municipal court has jurisdiction in the
forfeiture and final judgment of all bail bonds and personal
bonds taken in criminal cases of which the court has
jurisdiction
Sec 8-3 - 8-10 Reserved
ARTICLE II
OFFICERS OF THE COURT
Sec 8-11 City Judge
One division of the Court shall be presided over by a Judge
known as the City Judge, who shall be directly responsible to the
City Council for the conduct of the Court in a dignified manner
and in accordance with the laws of this State and the ordinances
of the City of Denton Such Judge shall also be a magistrate
The City Judge shall have the powers, duties and qualifications
for City Judge as prescribed by the City Charter The City Judge
may also be referred to as the Municipal Judge
Sec 8-12 Assistant City Judge
The Court may be presided over by a judge known as the
Assistant City Judge, who shall be a magistrate with the same
judicial and magisterial powers and duties as the Municipal Judge
of the Municipal Court, and who shall be appointed in the manner
prescribed by the City Charter, and shall possess the same
qualifications as the Municipal Judge The Assistant City Judge
shall preside under direction of the City Judge The Assistant
City Judge may also be referred to as the Assistant Municipal
Judge
Sec 8-13 Municipal Court Clerk
(a) In order to release the City Judge from all administrative
responsibilities relative to personnel performing services
supportive to the Court, the office of the Municipal Court
Clerk is hereby established as a division of the Court
(b) The Municipal Court Clerk shall be appointed by the
Executive Director of Finance, in consultation with the
Municipal Judge and the City Attorney, subject to
confirmation by the City Manager, and shall have the powers
and duties prescribed by the laws of this State and the City
Charter Any references to Court Administrator, Clerk of
the Court, or Clerk shall be understood to mean Municipal
Court Clerk
(c) The Municipal Court Clerk shall appoint Deputy Court Clerks
as needed, subject to approval of the Executive Director of
Finance and the City Manager, and such deputies shall act in
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and for the Municipal Court Clerk in the performance of
their duties
(d) The Municipal Court Clerk or his deputies shall keep the
minutes of the Court proceedings, administer oaths, issue
process, make certificates and affix the Court seal thereto,
and generally perform the duties for the Court that a County
Clerk performs for a County Court
sec 8-14 Prosecutor
The City Attorney shall appoint a suitable and qualified
person to hold the position of Assistant City Attorney, who shall
be charged with the duty of prosecuting all cases in Court, and
be subject to such other assignments as the City Attorney may
direct
Sec 8-15 Court Bailiffs Appointment and Duties
(a) The Chief of Police, upon the request of the judge, shall
furnish one or more police officers to serve as Court
Bailiffs during the convening of the Court, and when, in the
judgment of said Judge, a Bailiff is necessary to maintain
proper decorum during Court proceedings
(b) The principal duties of the Court Bailiff shall be as
follows
1 To preserve order and decorum while court is in session,
2 Provide security to the Courts building,
3 Assemble and supervise witnesses and jurors,
4 Attend to the jury and inform the Judge about the needs
and decisions of the jury,
5 Maintain custody of prisoners in the courtroom and
arrange for their transportation to jail when requested
by the Judge,
6 Transfer messages and perform other tasks assigned by
the Judge
Sec 8-16 - 8-20 Reserved
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ARTICLE III
PROCEEDINGS OF THE COURT
Sec 8-21 Criminal Complaints and Pleadings
(a) All proceedings in the Court shall be commenced on a written
complaint prepared and filed by or under the direction of
the City Attorney or an Assistant City Attorney, except when
State law provides that a written complaint is unnecessary
(b) When no written complaint is required, the proceeding shall
commence upon the filing of the citation
(c) Complaints and citations shall be filed with the Municipal
Court Clerk
(d) Complaints shall begin "In the name and by authority of the
State of Texas" and shall conclude against the peace and
dignity of the State " If the offense charged is a
violation of a city ordinance, the complaint may also
conclude "contrary to the said ordinance "
(e) Complaints may be signed by any credible person on
information and belief, and sworn to before a notary public,
the City Attorney, an Assistant City Attorney, a Judge,
Municipal Court Clerk, Deputy Court Clerk, or City
Secretary, each of whom, for that purpose, shall have the
authority to administer oaths
(f) All pleas shall either be made in writing and filed with the
Municipal Court Clerk, or made in open court before a Judge
(g) Any additional pleadings in the court shall be in writing
and filed with the Municipal Court Clerk, except when waived
by a Judge
(h) The Municipal Court Clerk shall file the original complaint
and the original of other papers and proceedings in each
case under the direction of the Judges such documents
constitute the records of the Court and a separate record
book shall not be required
W The records of the Court, including dockets shall be
preserved for a period of at least three (3) years following
the disposition of any particular cause, and thereafter, the
same may be disposed of, or destroyed upon authorization of
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the City Attorney The Court's permanent minutes may be
maintained by computer records or any other method
authorized by State Law
Sec 8-22 Jurors
All Jurors shall be residents of the City of Denton and
shall possess the same qualifications as Jurors in the State
courts
Sec 8-23 Rules Governing Proceedings
All proceedings in the Court shall be governed by the laws
of the State of Texas In those areas not specifically covered
by the Texas Code of Criminal Procedure and elsewhere in the
Texas laws, or by ordinance, the City Judge of the Municipal
Court shall establish such Court rules as are necessary to
establish reasonable and consistent procedures for the operation
of the Court
Sec 8-24 No Complaint to be Dismissed Except Upon Order
of a Judge
No complaint shall be dismissed except upon order of a Judge
and in accordance with the law
Sec 8-25 - 8-30 Reserved
ARTICLE IV
ADMINISTRATION OF THE COURT
Sec 8-31 Budgetary Responsibilities
The City Judge shall participate in the budget process of
the City of Denton as it relates to all personnel and property
with the Judges' Office, the courtroom, and all appurtenances
connected therewith The budgetary responsibilities and
procedures as to all other support personnel of the Court, and
appurtenances thereto shall be as directed by the Municipal Court
Clerk, sub3ect to the approval of the Executive Director of
Finance and the City Manager or his designee
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Sec 8-32 Collection and Disbursement of Funds
The Municipal Court Clerk shall establish formal procedures
for the collection and disbursement of funds so that all fines,
fees, costs, and monies collected and disbursed may be properly
accounted for All fines shall be paid into the City Treasury
sec 8-33 Authority to Issue Citations
A director of any City department, or his authorized
representative, shall have the power to issue one or more
citations for violation of City ordinances to any person to
appear in the Court, if the Director or representative has
probable cause to believe that the person is criminally
responsible for any offense within the jurisdiction of the Court
Sec 8-34 Violation of Promise to Appear
(a) A person lawfully released from custody, whether by posting
bond or by signing a written notice to appear, on condition
that he subsequently appear in the Court, shall appear in
accordance with the terms of his release
(b) The requirement for appearance in Court is met if counsel
appears on behalf of a person required to appear
(c) For purposes of this section, "custody" means an arrest or a
detention for purposes of issuing a written citation by a
police officer or by a person authorized to issue citations
under Section 8-16 of this Chapter
(d) An offense under this section is a Class C misdemeanor
punishable by a fine of $1 00 to $200 00
Sec 8-35 Court Fees
Court costs or fees are hereby authorized to be imposed and
collected in accordance with the provisions of the state law and
the maximum fees therein expressed are hereby authorized to be
imposed
Sec 8-36 Warrant Fees and Special Expenses
(a) Warrant fees are hereby authorized to be imposed and
collected in accordance with the provisions of Article
45 06, Texas Code of Criminal Procedure and the maximum fees
therein expressed are hereby authorized to be imposed
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(b) Special expenses for services performed in cases in which
the laws of this State require that the case be dismissed
because of actions by or on behalf of the defendant which
were subsequent to the date of the alleged offense are
hereby authorized to be imposed and collected in accordance
with the provisions of Article 45 06 Texas Code of Criminal
Procedure
(c) The Court is hereby authorized to assess as a special
expense, an amount not exceeding Ten Dollars ($10 00) in
traffic cases, where state law requires dismissal or allows
dismissal due to some act of the defendant Those instances
are the taking of a driver safety course, correction of an
expired driver's license, expired motor vehicle inspection
sticker and expired registration within ten (10) days of the
issuance of the citation and any other instance as provided
by State law
Sec 8-37 - 8-39 Reserved
ARTICLE V
INSPECTION AND ABATEMENT WARRANTS
Sec 8-40 Definitions
For the purposes of this Article, the following words shall
have the meanings hereinafter designated
Inspection Warrant - A written order, issued by a magistrate and
directed to any inspector, as defined in this Section, commanding
him to inspect specific premises to determine the presence of a
violation or violations of any City ordinance or other law that
provides for such inspections to be conducted by City inspectors,
and, when the inspector is also a peace officer, the City Code,
laws of the State of Texas and the United States
Inspector - Any peace officer of the State of Texas or any
official inspector for any department of the City of Denton,
Texas, which is charged with code enforcement, including, but not
limited to, inspectors for the departments of Planning, Building
Inspection, Housing, Fire, and Health
Sec 8-41 Warrants Authorized
Except as provided in Section 8-40, inspectors are hereby
authorized to seek and obtain Inspection Warrants from a
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magistrate before making any inspection incidental to the
enforcement of any provision of this Code of Ordinances or other
law that provides for such inspection, when the inspector is also
a peace officer, incidental to the enforcement of the City Code,
laws of the State of Texas, and the United States A magistrate
is hereby authorized to issue such warrants subject to the
requirements of this Chapter
Sec 8-42 Warrants Not Required
Inspection Warrants shall not be required under the
following circumstances
(a) when permission to inspect has been granted by someone
apparently having charge or control of those premises, for
the purpose of this subsection, permission to inspect may be
granted either verbally, in writing or by some other action
indicating consent, or
(b) when there exists an imminent danger or peril to human life,
limb, or property and any delays resulting from the
application for an Inspection Warrant would materially
increase the likelihood of loss from such danger or peril,
or
(c) when the inspection can be executed in areas held open to
the general public, or
(d) when the inspection is of a business recognized by law as
being a traditionally licensed and regulated enterprise for
which no reasonable expectation of privacy exists
Sec 8-43 Requirement for Issuance of Inspection Warrant
(a) No Inspection Warrant shall be issued except upon citation
to specific laws requiring or permitting inspections or on
the presentation of evidence of probable cause to believe
that a violation or violations of the Code of Ordinances, or
state or federal statutes providing for such inspections to
be made by city inspectors are present in the premises
sought to be inspected In determining probable cause, the
magistrate is not limited to evidence of specific knowledge,
but may consider any of the following
1 the age and general condition of the premises,
2 previous violations or hazards found present in the
premises,
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3 the type of premises,
4 the purposes for which the premises are used, and
5 the presence of hazards or violations in, and the
general condition of, premises near the premises sought
to be inspected
(b) A sworn affidavit setting forth substantial facts toward
establishing probable cause or the statutory basis for
inspection shall be filed in every instance in which an
Inspection Warrant is requested
sec 8-44 Inspection Warrant Formalities
An Inspection Warrant issued pursuant to this Chapter shall
be sufficient if it contains the following requisites
(a) that it run in the name of "The State of Texas,
(b) that it identify, as near as may be, those premises to
be inspected,
(c) that it command an inspector to inspect forthwith the
premises described, and
(d) that it be dated and signed by the magistrate
Sec 8-45 Execution of Warrants
An inspector to whom an inspection warrant is delivered
shall execute it without delay and forthwith return it to the
proper magistrate It may be executed within three days from the
time of its issuance, and shall be executed within a shorter
period if so directed in the warrant If such persons cannot be
found, upon execution of the warrant, a copy of said warrant
shall be affixed to the front door of the building or premises
inspected
Sec 8-46 Days Allowed for Warrant to Run
The time allowed for the execution of an inspection warrant
shall be three whole days, exclusive of the day of its issuance
and of the day of its execution The magistrate issuing a
warrant under the provisions of this Article shall endorse on
such warrant the date and hour of the issuance of the same
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Sec 8-47 How Return is Made
Upon returning the inspection warrant, the inspector shall
state on the back of the same, or on some paper attached to it,
the manner in which it has been executed and shall likewise
deliver to the magistrate a copy of the report resulting from
that inspection
Sec 8-48 Power of Inspector Executing Warrant
The execution of a warrant issued pursuant to this Article
shall not include any authority to make arrests or to seize
tangible goods of a violation, except where the inspector is a
peace officer or the items are to be seized by a peace officer
and are within the items listed in Texas Code of Criminal
Procedure, Article 18 02 (1)-(9) and (11)
Sec 8-49 Records to be Kept
The magistrate shall keep a record of all proceedings had
before him in the cases of inspection warrants as part of the
official records of his court
Sec 8-50 Conflicts
No provision of this Article is intended to conflict with
any state or federal law and the powers and rights granted herein
are intended to be in addition to any rights granted by state or
federal law
SECTION II That all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective
which are inconsistent or in conflict with the terms or
provisions contained in this ordinance are hereby repealed to the
extent of any such conflict
SECTION III That all sections of this ordinance except for
Section 8-34 shall become effective immediately from the date of
passage and approval
Section 8-34 shall become effective fourteen (14) days from
the date of its passage, and the City Secretary is hereby
directed to cause the caption of this ordinance to be published
twice in the Denton Record-Chronicle, the official newspaper of
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the City of Denton, Texas, within ten (10) days of the date of
its passage
PASSED AND APPROVED this the l= day of JGl~l~ ,
1989
RAY ST HPWS, MA R
ATTEST
By
J LTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY Ld6jAj ":J~X ,
61
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