06 LC 14
9421S/AP
House
Bill 1366 (AS PASSED HOUSE AND SENATE)
By:
Representative Hanner of the
148th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act providing a new charter for the City of Leesburg, approved April
17, 1973 (Ga. L. 1973, p. 2851), as amended, particularly by an ordinance filed
with the Secretary of State on September 16, 1976 (Ga. L. 1977, p. 4639), so as
to provide for a municipal court for the City of Leesburg; to provide the City
Council certain powers to determine qualifications and requirements relating to
municipal court judges; to provide for certain penalties for violations under
the jurisdiction of the municipal court; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act providing a new charter for the City of Leesburg, approved April 17, 1973
(Ga. L. 1973, p. 2851), as amended, particularly by an ordinance filed with the
Secretary of State on September 16, 1976 (Ga. L. 1977, p. 4639), is amended by
striking the introductory paragraph and subparagraphs (1) and (2) of paragraph
(46) of Section 1.13 and inserting in lieu thereof the following:
"(46)
There shall be and there is hereby established in and for the City of Leesburg
to be conducted in such manner and at such time, except Sunday as the City
Council may prescribe, a municipal Court in which the Municipal Court judge
shall be the presiding officer, in case of the absence or disability of the
presiding officer for any cause, municipal court judge or any judge of any court
of record which regularly hears traffic offenses or ordinance violations, shall
preside. The procedure for appointment, compensation, qualifications and tenure
of the municipal judge, shall be set forth by the City Council in ordinances
addressing same. The procedure in said court, with reference to the conduct and
trial of cases therein, not in conflict with this section of the Charter or the
general law shall be prescribed by the City Council or by rule or order of the
presiding officer thereof not in conflict with the Charter or City Ordinance on
the subject, and the City Council shall have the power to provide by ordinance
for the compulsory attendance of all persons violating any municipal ordinance
before said municipal court, by summons or copy of charges, to answer the
offense charged, and when employed, such summons or copy of the charges shall be
issued as provided for subpoenas and shall contain a summary or simple statement
of the offense charged, and disobedience of said summons or copy of charges
shall be punished as provided for disobedience of subpoenas.
(1)
Jurisdiction: Authority to Punish: Extent of Penalty, Etc. Said municipal court
shall have jurisdiction to try all offenders against the laws and ordinances of
the City of Leesburg committed within the corporate limits or police
jurisdiction, and to punish persons convicted in said court of violating such
laws and ordinances in a fine not to exceed one thousand dollars ($1,000.00) or
by imprisonment in the Lee County Jail or other place provided, or by compulsory
labor on the streets or other public works or community service not to exceed
six (6) months and either one or more of such punishments may be imposed, or the
several punishments may be cumulative, or the fines may be imposed with
alternative of such imprisonment or compulsory labor or coerced or enforced by
said punishment or labor; provided, that the punishments, within the limits
prescribed, shall only be imposed by said court in the amount and manner
prescribed by the penal ordinances of said city, but in the event no penalty be
provided for the doing of which is made unlawful by ordinances, the court shall
have power to proceed to impose the punishments as herein enumerated. The
jurisdiction of said municipal court shall further extend to the investigation
of any charge involving or amounting to a violation of the penal laws of the
State of Georgia, when such charge is entered upon the docket of said court and
when the offense is alleged to have been committed within the corporate or
police limits of the city, and provided such charges are made in writing and
verified to the best of the knowledge and belief of the person making the
same.
(2)
Powers of Presiding Officer Generally: Contempt, Etc. The presiding officer of
said court shall have the same power as judges of the superior court of this
state to punish for contempt of said municipal court by a fine not to exceed two
hundred fifty dollars ($250.00) or imprisonment in the Lee County Jail, or other
place provided, not to exceed ten days, and either or both of said punishments
may be imposed in the discretion of the court, or the fine may be imposed with
the alternative of such imprisonment, or coerced by such imprisonment. Said
presiding officer of said court shall be to all intents and purposes a
magistrate insofar as to enable him or her to issue warrants for offenses
committed within the City of Leesburg or its police jurisdiction against the
penal laws of this state, this either before a hearing or trial of the charge in
said municipal court; provided, the affidavit required by law to obtain warrants
is first made before said presiding officer, which warrant may be executed by
any member of the police force of the city. Said presiding officer of said court
as such ex officio magistrate, shall have the power and authority to commit to
the jail of Lee County offenders against the law of the State of Georgia, and to
admit them to bail, in bailable cause, for their appearance at the next term of
the court of competent jurisdiction to be held in and for the County of Lee,
after legal investigation, and shall, if the evidence in the trial of an offense
against the ordinances of the city discloses the violation of any state law,
have the power to bind the defendant over as above set
forth."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.