06 LC 38
0022
House
Bill 1366
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 guardhouse, city prison or other place provided, or by
compulsory labor on the streets or other public works 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 city guardhouse, city
prison, or other place provided, or in Lee County jail 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.