Marion Ordinance Chapter 7.5

Chapter 7112
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Art. I. In General, §§ 7 1/2-1 – 7 1/1-10
Art. II. Municipal Court, §§ 71/2-11 – 7 1/2-22
ARTICLE I. IN GENERAL
Secs. 7 1/2-1-7 1/2-10. Reserved.
ARTICLE II. MUNICIPAL COURT*
Sec. 7 1/2-11. Establishment.
There be and there is hereby established, effective December
27, 1977, a municipal court for the City of Marion,
Alabama, pursuant to the provisions of Act 1205, 1975 Regular
Session of the Alabama Legislature. (Ord. No. 77-5, § 1, 1117-
77)
See. 7 1/2-12. Jurisdiction.
The municipal court of the ‘City shall have jurisdiction of all
prosecutions for the breach of ordinances of the municipality
within its corporate limits and police jurisdiction. This jurisdiction
shall also extend to all prosecutions for violations of
state misdemeanors committed within the ‘corporate limits
and police jurisdiction of the municipality where such offenses
have been made offenses against the municipality. (Ord. No.
77-5, § 2, 11-17-77)
Cross reference-Adoption of state misdemeanors as offenses against
the city, § 14-1.
“‘Editor’s note-Ord. No· 77-5,§§ 1-13, adopted Nov_ 17, 1977, did not
expressly amend the Code; codification herein as Art. II of Ch. 7 1/2, §§
7 1/2-11-7 1/2-22, is at the editor’s discretion.
Note,–See editor’s footnote, Ch. 18.
Cross reference-General penalty, § 1-7.
State law references-Establishment of municipal court, etc., Code of
Ala. 1975, § 12-14-1 et seq.
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Sec. 7 1/2 -13. Time and place of holding court.
The municipal court of the city shall hold court at such
time and place as the governing body may determine with
the advice of the municipal judge. (Ord. No. 77-5, § ‘3, 11-
17-77)
Sec. 7 1/2-14. Provisions for judge; appointment, ,qualifications,
vacancies, oath, disqualification.
(a) The municipal :court shall consist of one municipal
judge to be appointed by a vote of a majority of the members
elected or appointed to the municipal governing body. The
judge shall be appointed for a term of two ‘(~:) years. The
municipal judge shall be eligible for reappointment upon the
expiration of his term. He shall hold office until his successor
is appointed and qualified.
(b) The municipal judge must be licensed to practice law
in the State of Alabama and must be a qualified elector of the
State of Alabama. No judge shall be otherwise employed in
any capacity by the municipality during his term of office.
(c) The office of the municipal judge shall be vacant if he
dies, resigns, or. is removed. and vacancies shall be filled by
the. municipal governing body in the same manner as original
appointments are made. Any person so appointed shall be
eligible to serve two (2) years from the date of ;appointment.
(d) The municipal judge shall, before assuming office, take
and sign the oath provided by the Constitution, and a copy
thereof shall bE! filed in the office of the secretary of state,
the administrative director of courts and the clerk of the
municipality.
(e) The municipal judge shall be subject to an grounds of
disqualification from hearing specific cases applicable to circuit court
judges. (Ord. No. 77-5, § 4, 11-17-77)
Sec. 7 1/2 -15. Compensation of judge.
The annual. Salary of the municipal judge of the city is
hereby fixed at one thousand eight hundred dollars ($1,800.00)
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,and shall be payable in twelve (12) equal monthly installments.
This salary shall not be’ diminished during the judge’s
term of office.. Any general increase in ‘the compensation of
all or substantially all municipal employees shall be applied
proportionately to the salary of the municipal judge. (Ord.
No. 77-5, §5, 11-17-77)
Sec. 7 1/2-16. Powers of the court.
(a) The municipal judge shall have the power to admit to
bail any person charged with the violation of any municipal
ordinance by requiring an .appearance bond, with good security,.
to be approved by the municipal judge or his designee
in an amount not to exceed five hundred dollars ($500.00),and
may, in his discretion, admit to bail such persons on a personal
recognizance bond conditioned on the appearance of such
persons before him on a day named therein to answer the
charges preferred against them.
“(b). The municipal  judge shall have the authority to punish
any person convicted of violating any municipal ordinance
with a fine of not more than five hundred dollars ($500.00)
and/or a sentence of imprisonment or hard labor for a period
not exceeding six (6) months; provided, however, that no
fine or ,sentence of imprisonment shall exceed the maximum
fine or sentence provided by the city ordinance violated, nor
shall the fine or sentence exceed the maximum fine and sentence
provided for violation of a substantially similar offense
under state law. The penalty imposed on a corporation shall
consist of the fine only, plus costs of court.
(c) The municipal judge in his judgment may provide that
,if a fine and costs are not paid within the time prescribed,
the defendant, unless indigent, shall work out the amount of
the judgment under the direction of the municipal authority,
allowing not less than ten dollars ($10.00) for each day’s
service.
(d) Upon each conviction in municipal court for a violation
of any ordinance of the city, there shall, be taxed against
the defendant as court costs the sum of ten dollars ($10.00),
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§ 7 ½ -16 MARION CODE
and there shall also be taxed as costs the additional costs and
fees imposed by the statutes of the State of Alabama, and
the latter such ‘costs and fees shall be remitted pursuant to
the said statutes. All costs taxed for the city, B,S· hereinabove
provided, shall be paid into the city treasury.
(e) Upon conviction, the ,court may, upon a showing of inability
to make immediate payment of fines and costs, accept
defendant’s bond with or without surety and with waiver of
exemptions as to personality, payable within ninety (90) days,
upon nonpayment of which execution may issue as upon judgments
in state courts.
(f) The municipal judge shall have the authority to continue
the ,ease from time to time to permit the :fine and costs
to be paid, remit fines, costs and fees, impose intermittent
sentences, establish work release programs, require attendance
of educational, corrective or rehabilitative programs,
suspend driving privileges for such times and under such conditions
as provided by law and order hearings to determine
the competency of the defendant to stand trial; provided
further, that the judge may enter an order authorizing the
defendant to drive under the conditions ,set forth in the order.
(g) All cases in municipal court shall be. tried by a municipal
judge without a jury.
(h) The municipal judge may suspend execution of sentence
and place a defendant on probation for varying periods
of time, not to exceed two (2) years, under the procedures
and conditions set out in section 8-104 (f) of Act 1205, 1975
Regular· Session.
(i) The municipal judge may administer oaths, compel the
attendance of witnesses and compel the production of books
and papers, punish by fine not exceeding fifty dollars ($50.00)
and/or imprisonment not exceeding five (5) day:; any person
found and adjudged to be in ,contempt of court, and shall
have power coextensive with the jurisdiction of the district
court to issue writs and other process and to approve and declare
ponds forfeited. The municipal pudge ‘shall designate any
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other municipal officers who. shall be authorized to approve
appearance and appeal bonds.
(j) The municipal court shall take judicial notice of the
ordinances of the municipality.
(k) The sheriff of the county and all law enforcement officers
of the municipality shall obey the municipal judge having
legal authority in faithfully executing the warrants and
processes committed to them for service according to their
mandates. (Ord. No. 77-5, §6, 11-17-77)
Sec. 7 ~ -17. Powers of the mayor.
The mayor may remit fines and such costs as are payable
to the municipality and commute sentences imposed by municipal
judges of· the court to which an appeal was taken for
violations of municipal ordinances, and may grant pardons,
after conviction, for violation of such ordinances, and he shall
report his action to the council or other governing .body at the
first regular meeting thereof in the succeeding month, with
his reasons therefor in writing. (Ord. No. 77-5, § 7, 11-17-77)
Sec. 7 ~ -18. Appeals.
(a) All appeals from judgments of the municipal court shall
be to the circuit court of the ,circuit in which the violation
occurred for trial de novo.
(b) The municipality may appeal within sixty (60) days,
without bond, from a judgment of the municipal court holding
a municipal ordinance invalid.
(c) A defendant may appeal in any case within fourteen
(14) days from the entry of judgment by filing notice of appeal
and giving bond. with or without surety approved by the
court of the ‘Clerk, in an amount not more than five hundred
dollars ($500.00) and ,costs, as fixed by the court, conditioned
upon defendant’s appearance before the circuit court. The
municipal court may waive appearance bond upon a satisfactory
showing that the defendant is indigent or otherwise
unable to provide a surety bond. If an appeal bond is waived,
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MARION CODE
a defendant :sentenced to imprisonment “shall not be released
from ,custody, but may obtain release at any time by filing
bond approved by the municipal court. If the defendant is not
released, the prosecutor shall notify the circuit clerk, and the
case shall be set for trial at the earliest practicable time.
(d) When an appeal has been taken, the municipality shall
file the notice and other documents in the court to which the
appeal  is taken within fifteen (15) days, failing which the
municipality shall be deemed to have abandoned the prosecution,
the defendant shall stand discharged, and the bond shall
be automatically terminated.
(e) Upon trial or plea of guilty in the circuit court on appeal”
the’ court may impose any penalty or sentence which the
municipal court might have imposed.
(f) Upon failure of an appellant to appear in circuit court
when’ the, case is called for trial, unless good ,cause for such
default is shown, the court shall dismiss the appeal and enter
judgment of’ default on the appeal bond” and :nay also issue
a warrant for arrest of the appellant. A copy of the order
shall be delivered by the circuit clerk to the clerk of the
municipal court. The circuit court may, on motion of defendant made within thirty (30)days of the order of dismissal,
set aside the, dismissal and other order8 and, reinstate
the appeal on such terms as, the court may prescribe for good
cause shown by the defendant.
(g) Upon receipt of notice of dismissal of an appeal, the
municipal court may issue a warrant for arrest of the defendant,
who may also be arrested without a warrant as an
escape. Upon, arrest the defendant shall be delivered to t4e
municipal authorities and punished in accordance with the
judgment of the municipal court.
. (h) If a judgment is entered against a defendant upon
appeal, the circuit court’ shall remand the defendant to the
municipal’ authorities for ,punishment “in accordance with the
judgment of the circuit court, “unless, when the judgment is
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for fine and costs only, the judgment is paid or ,a ‘judgment
is conferred therefor in favor of the municipality with sureties
or as otherwise provided for convictions under state law.
(0 Upon receipt of payment of fines and costs upon appeals, the clerk of the circuit court shall within thirty (30)
days pay ninety (90) per cent of such fines and forfeitures,
and ten (10) percent of the costs, to the treasurer of the
municipality. The circuit clerk shall be liable’ on his bond
for such fines and costs plus. a penalty of five (5) per .cent
per month for default in such payments.
, (j) From the judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or the defendant,
in any case, may appeal to the court of criminal appeals in
like manner as in cases of appeals for convictions of violation
of the criminal’ laws of the, state
• If the appeal is taken by
the municipality, it shall not be required to give surety for
the cost of the appeal. When taken by the’ defendant, he may
give bail with’ sufficient sureties, conditioned that he will appear
and abide by the judgment of the appellate court, and
failing to give bail he must be committed to the municipal
jail; but he may give such bail at any time pending the appeal.
When an appeal is taken by the defendant and bail is given
pending the appeal and the judgment of conviction is affirmed
or the appeal is dismissed, the ‘defendant is bound’ by
the undertaking of bail to surrender himself to the municipal
authorities within fifteen (15) days from the date Q~
such affirmance or dismissal ; and if he shall fail to do so, the
clerk ‘of the circuit court from which the appeal is taken, upon
motion of the municipality, must endorse the bail bond forfeited,
and a writ or writs of arrest must be issued by the
clerk to the sheriff. Upon arrest the defendant shall be delivered to the municipal authorities, and the sentence must
without delay be carried out as if no appeal has been taken.
If bail is forfeited as herein provided, a-‘conditional judgment
must be rendered by the court in favor of the, municipality
and the same proceedings had thereon for the municipality as
is authorized by law to be had in the name of the state in state
cases. (Ord. No. 77-5,§ 8,11-17-77)
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Sec. 7 ~ -19. “warrants.
The municipal judge is authorized to issue arrest and search
warrants upon affidavit for municipal ordinance violations
returnable to the municipal court and for violations of state
law returnable’ to any state court. (Ord. No. ?7~5, § 9., 1117-
77)
Sec. 7 ~ -20. Magistrates.
The municipal judge shall take steps to have a magistrate
appointed for the city pursuant to Rule 18 of the Alabama
Rules of Judicial Administration. The powers of the magistrate
shall be limited to:
(1) Issuance of arrest warrants;
(2) Granting of bail in minor misdemeanor prosecutions;
(3) Receiving of pleas of guilty in minor In misdemeanors
where a ,schedule of fines has been prescribed by law
or rule;
(4) Accountability to the municipal court for all uniform
traffic tickets and -complaints, monies received and
records of offenses; and
(5) Such other authority as may be granted by law. (Ord.
No. 77-5;, § 10, 11-17-77)
Sec. 7~ -21. Acting municipal judge.
In the absence from the city [due to] death, disability, or
disqualification of a municipal judge for any reason, the
mayor of the municipality shall have the authority to designate
a person, licensed to practice law in the state and a
qualified elector of the state, not otherwise employed in any
capacity by the municipality, to serve as ,acting municipal
judge with all power and authority of a duly appointed municipal
judge. No such acting judge may serve for more than
thirty (30) successive days or a total of sixty (60) days in
any calendar year; provided, that when the duly appointed
municipal judge is disqualified pursuant to the (constitution,
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the time of service limitations for acting judges shall not
apply during such disqualification. (Ord. No. 77-5, § 11,
11-17-77)
Sec. 7 ~ -22. Reports ·of court proceedings.
(a) The municipal judge shall report on the proceedings of
the municipal court as required by law or rule.
(b) The municipal judge shall be required to make a report
to the council on the operation of the municipal. court every
month. (Ord. No. 77-5, §§ 12, 13, 11-17-77)
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