[Ord. No. 645, 11-12-2018]
A.
Any person arrested for violation, failure, neglect or refusal to
comply with any provision, regulation or requirement of any ordinance
may be admitted to bail by: Executing a bail bond to the City with
good and sufficient security to be approved by the Judge, or, in his
or her absence or inaccessibility, by the Clerk of the Court, in the
amount of not less than two dollars ($2.00) and not more than two
thousand five hundred dollars ($2,500.00), conditioned that such person
shall appear upon the day named therein (no later than thirty (30)
days from the date of the bond) before the court and await the trial
upon the charge against him or her.
B.
Every bail bond shall be filed forthwith with the Clerk of the Court
by the officer taking the bond.
C.
In lieu of sureties on the bond the Judge or, in his or her absence
or inaccessibility, the Clerk of the Court or, in his or her absence
or inaccessibility, his or her assistant, may permit the posting of
a cash bond, and the Chief of Police or the assistant Chief of Police
or any officer in charge of the Police Department, shall state on
the bail bond the receipt of the cash deposit.
D.
The City shall in no manner be responsible to any depositor of a
cash bail bond. However, the person receiving the cash deposit shall
be prosecuted by the City Attorney or other proper officer for failure
to account for and pay over the deposit.
[Ord. No. 645, 11-12-2018]
A.
If
a defendant giving a bail bond or cash bond shall fail to appear when
and where the case is called in the court, the Judge may order the
defendant to be apprehended and brought before him or her or the Judge
may render a judgment or forfeiture for the full amount of the bond
or deposit, at which time the bond or deposit shall be forfeited.
1.
If a bail bond has been given, the amount of the judgment thereon
shall be collected from the defendant and his or her sureties according
to law, including the issuance of execution.
2.
If a cash deposit has been made and the deposit is declared forfeited,
the deposit shall at once be delivered to the Chief of Police, who
shall make an entry of its receipt as part of the record of the case
and shall hold the money for four (4) days, at the end of which the
Chief of Police shall deliver the money to the City Clerk.
B.
The
Judge may, for good cause, set aside the forfeiture at any time within
four (4) days from the date of forfeiture.
[Ord. No. 645, 11-12-2018]
Except for those cases as designated by the Municipal Court
that require the appearance in court by the defendant or for any other
offense that the officer who has written the citation indicates that
the defendant must appear in court, a defendant charged with a municipal
ordinance violation may pay the standard fine and costs, as approved
by the Judge, in lieu of a court appearance, provided that the payment
is made to the Court Clerk prior to the scheduled court date.
