87-042 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING CHAPTER 15 1/2 OF SAID CODE
ORDINANCE N0. $7-042
AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS,
PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE
AMENDED BY REVISING CHAPTER 152 UF SAID CODE; PROVIDING THAT
THF. JURISDICTIONAL LIMITS OF THE MUNICIPAL COURT TO HEAR
ORDINANCE VIOLATIONS PUNISHABLE BY FINES UP TO $2,000.00,
AND PROVIDING FOR FINES AND SPECIAL EXPENSES AS AUTHORIZED
BY STATE LAW; PROVIDING FOR A PENALTY NOT TO EXCEED
$2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF
SEPTEMBER l, 1987.
BE IT OkDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS:
Section 1. That Chapter 152 of the Code of
Ordinances of the City of Paris, Paris, Texas, be amended so
that such shall read as follows:
"ARTICLE I. IN GENERAL
Sec. 152-1. Department created.
Sec. 152-2. Purpose.
Sec. 152-3. Responsibilities, duties and
functions.
Secs. 152-4-10. RESERVED.
ARTICLE II. MUNICIPAL COURT
Sec. 152-11. Hierarchial governance:
Hierarchial governance shall be the
following: The Constitution of the United States,
those Federal Statutes which control states under the
Supremacy clause, the Constitution of Texas, the Texas
Code of Criminal Procedure, the Texas Penal Code, Texas
Civil Statutes, Charter of the City of Paris,
Urdinances of the City of Paris, Texas Rules of
Criminal Eviclence and Common Law of England.
Sec. 152-12. L,ocal Rules. RESERVED
Sec. 152-13. Jurisdictional limits.
(a) The municipal court has exclusive
original jurisdiction withiri the city limits of
the City of Paris in all criminal cases that:
(1) Arise under the ordinances of the
City of Paris;
(2) Are punishable only by a fine not
to exceed:
(A) $2,000.00 in all cases arising
under City of Paris ordinances that
govern fire, safety, zoning, and public
health and sanitation, including dumping
of refuse, or
(B) $500.00 in all other cases.
ARTICLE II. MUNICIPAL COURT
Sec. 152-14. Fines and special expenses.
The municipal court is authorized and em-
powered to enforce by execution on the property of
the defendant, or imprisonment of the defendant,
the collection of all fines imposed by the court,
not inconsistent with the laws of the State of
Texas. All such fines; a special expense, not to
exceed $25.00 for the issuance and service of a
warrant of arrest for an offense under Section
38.11 of the Penal Code (failure to appear), or
Section 149, Uniform Act Regulating Traffic on
Highways, Article 6701d, Vernon's Texas Civil
Statutes (violation of promise to appear); the
special expenses described in Article 17.04, Code
of Criminal Procedure (requisites of a personal
bond), and special expenses for the issuance and
service of a warrant of arrest, after due notice,
not to exceed $25.00; a special expense for
service performed in cases in which the laws of
the State of Texas requiring 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, being Subsection (a), Section
143A, Uniform Act Regulating Traffic on Highways,
Article 6701d, Vernon's Texas Civil Statutes,
(permitting the taking of a defensive driving
course to bring about dismissal of such action),
such special expense shall not exceed the actual
expenses incurred for the service or $10.00,
whichever is less; and the following fees for
services performed in the case by a peace officer:
$3.00 for executing an arrest warrant or capias
for a Class "C" Misdemeanor, or for making an
arrest without a warrant for a Class "C"
Misdemeanor, $1.00 for summoning a witness, $2.00
tor serving a writ not otherwise listed in Article
4 of the Code of Criminal Procedure, $2.00 for
taking and approving a bond, $2.00 for a commit-
ment or release, $2.00 for summoning a jury. For
purposes of this Article, the term "arrest"
includes the issuance by a peace officer of a
written notice to appear in court, following the
defendant's alleged violation of a traffic or
municipal ordinance.
The municipal court clerk shall receive thP
fees imposed above for services performed by peace
officers employed by the state and shall forward
the fees to the comptroller of public accounts
quarterly in the manner directed by the comp-
troller."
Section 2. Any person violating any of the pro-
visions of this ordinance shall be guilty of a Misdemeanor,
and upon conviction shall be fined in any sum not to exceed
$2,000.00, and each and every day's continuance of any
violation of the above enume-rated section shall constitute
and be deemed a separate offense.
Section 3. All ordinances or parts of ordinances in
conflict herewith are hereby expressly repealed.
Section 4. This ordinance shall become effective on
September 1, 1987.
Passed and adopted this 19th day of August, 1987.
Bi oe Burnett, Mayor
ATTEST:
Bar ara Denny, Assistatpt City C er
APPROVED AS T FORM:
e
T. K. Haynes, City Attorney