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HomeMy WebLinkAboutOrdinance No. 931 ORDINANCE NO. 931 AMENDING SECTIONS 2.16.010, 2.16.030, 2.16.040, 2.16.050, 2.16.060, 2.16.070, 2.16.080, 2.16.090, OF THE LAUREL M~3NICIPAL CODE, TO CONFORM THE CITY ORDINANCES TO STATE STATUTE AS TO JURISDICTION OF THE CITY COURT, QUALIFICATIONS OF THE CITY JUDGE AND PROCEDURES OF THE CITY COURT IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana, the Laurel Municipal Code is hereby amended to read as follows: Section 2.16.010. City Court Established A city court is established in the m~nicipalityo The city judge shall establish regular sessions of the court. On judicial days, the court shall be open for all business, civil and criminal. On nonjudicial days, as defined in 3-1-3~2, MCA, the court may transact criminal business only. (Derivation 3-11-010 (1) MCA) Section 2.16.030. Jurisdiction of City Court. 1. The city court has concurrent jurisdiction with the justice's court of all proceedings mentioned and provided for under chapter 10, part 3, of title 3, Montana Codes Annotated. 2. A criminal action brought for violation of a city ordinance must be brought in the name of the city as the plaintiff and against the accused as the defendant. 3. A criminal action brought for violation of a state law within the city may be brought either in the name of the State of Montana as the plaintiff or in the name of the City as the plaintiff and must be brought against the accused as the defendant. 4. A criminal action brought for violation of a state law within the county and within the city courts concurrent jurisdiction with the justice's court must be brought in the name of the State of Montana as the plaintiff and against the accused as the defendant. 5. A civil action brought in the city court must be prosecuted or defended in the same manner as a civil action in justice's courts under the Montana Justice Courts Rule of Civil Procedure (Title 25, Chapter 22, MCA). 6. Application for search warrants and complaints charging the commission of a felony may be filed in the city court as provided under section 3-11-102(2), MCA. (Derivation 3-11-202 and 3-11-302) Section 2.16.040 Exclusive Jurisdiction of City Court The city court has exclusive jurisdiction of: 1. proceedings for the violation of an ordinance of the city or town, both civil and criminal; 2. when the amount of the taxes or assessments sought does not exceed $ 2,500.00, actions for the collection of taxes or assessments levied for any of the following purposes, except that no lien on the property taxed or assessed for the nonpayment of the taxes or assessments may be foreclosed in any such action: (a) city or town purposes; (b) the erection or improvement of public buildings; (c) the laying out, opening, or improving of a public street, sidewalk, alley or bridge; (d) the acquisition or improvement of any public grounds; and (e) public improvements made or ordered by the city or town within its limits; 3. actions for the collection of money due to the city or town or from the city or town to any person when the amount sought, exclusive of interest and costs, does not exceed $2,500.00; 4. when the amount claimed, exclusive of costs, does not exceed $ 2,500.00, actions for: (a) the breach of an official bond given by a city or town officer; (b) the breach of any contract when the city or town is a party or is in any way interested; (c) damages when the city or town is a party or is in any way interested; (d) the enforcement of forfeited recognizances given to, for the benefit of, or on behalf of the city or town; and (e) collection on bonds given upon appeal taken from the judgment of the court in any action mentioned in subsections (4) (a) through (4) (d); 5. actions for the recovery of personal property belonging to the city or town when the value of the property, exclusive of the damages for the taking or detention, does not exceed $ 2,500.00; and 6. actions for the collection of a license fee required by an ordinance of the city or town. (Derivation 3-11-103 MCA) Section 2.16.050 Preliminary Examinations. Proceedings in preliminary examinations in criminal actions in the city court shall be conducted as in justice court. Section 2.16.060 Proceedinqs in Criminal Actions. Proceedings in city court in criminal actions shall be conducted as in justice's courts. Section 2.16.070 Proceedinqs in Civil Actions. 1. Proceedings in city court in civil actions shall be conducted as in justice's courts and conform to the Montana Justice Court Rules of Civil Procedure. 2. Civil actions are commenced by filing a complaint as provided under section 25-32-102 MCA. Section 2.16.080 City Judge Qualifications. 1. No person is eligible for the office of city judge unless prior to filing the oath of office with the County Clerk is either: (a) an attorney at law authorized to practice law in the State of Montana; (b) a person who has held the office of city judge within the preceding 5 years; or (c) a person who has completed the orientation course of study held under direction of the supreme court or has been excused by the supreme court. 2. No person is eligible for the office of city judge who upon filing for office shall not meet the residency requirements as for the office of mayor under 7-4-4301, MCA. 3. NO city judge may assume the functions of his office unless he has filed with the county clerk and recorder a certificate of completion of a course of education and training prescribed by the commission on Courts of Limited Jurisdiction under 3-1-1502, MCA. (Derivation of 3-11-202, 3-10-202, 3-1-1502, MCA) Section 2.16-090 Substitute Judge. 1. The city judge or mayor may call in a city judge, a justice of the peace, or some qualified person to act in the judge's place whenever the judge is: (a) a party in a case; (b) interested in a case; (c) the spouse of or related to either party in a case by consanguinity or affinity within the sixth degree; or (d) sick, absent, or unable to act. 2. The city judge may call in a city judge, justice of the peace, or some qualified person to act in his stead when a disqualifying affidavit is filed against him pursuant to the supreme court's rules on disqualification and substitution of judges. 3. A city judge of any city or a justice of the peace of any county may sit as city judge at the city judge's request. 4. No person may serve as a substitute city judge unless he has a certificate of completion of a course of education. and training prescribed by the commission on Courts of Limited Jurisdiction under 3-1-1502, MCA or has been given a waiver and temporary certificate by the Commission on Courts of Limited Jurisdiction. (Derivation 3-11-203 and 3-1-1502, MCA) Introduced and passed on first reading at a regular meeting of the City Council on February 16 , 1988, by Alderman Orr APPROVED by the Mayor this 1st day of March , 1988. ~ob~ert- Gauthife ~,V~ayor ATTEST: Donald L. Hackmann, City Clerk Approved as to form: