HomeMy WebLinkAboutORD 1989-060 CITY OF GRAPEVINE, TEXAS
ORDINANCE N0. 89-60
AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS
AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES
OF THE CITY RELATING TO COURTS AND CRIMINAL
PROCEDURE BY AMENDING SECTION 8-4 RELATING TO
WARRANT FEE BY REQUIRING A DEFENDANT
CONVICTED OF A MISDEMEANOR TO PAY A $35 .00
�b,� FEE FOR EXECUTING OR PROCESSING AN ISSUED
ARREST WARRANT OR CAPIAS; AMENDING SECTION
8-8 RELATING TO ARREST FEES BY REQUIRING A
$5 . 00 FEE FOR ISSUING A WRITTEN NOTICE TO
'0'�" APPEAR; ADDING A NEW SECTION 8-9 RELATING TO
THE AUTHORITY OF THE MUNICIPAL COURT JUDGE TO
DISMISS CHARGES FOR EXPIRED LICENSE PLATE,
EXPIRED DRIVER' S LICENSE AND EXPIRED MOTOR
VEHICLE INSPECTION CERTIFICATE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAU5E; DECLARING AN EMERGENCY AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section l. That Chapter 8 of the Code of Ordinances of
the City of Grapevine, Texas (the "City" ) relating to courts
and criminal procedure is hereby amended in the following
particulars, and that all other chapters, sections,
subsections, paragraphs, sentences, phrases and words are not
amended but are hereby ratified, verified, approved and
affirmed:
�,,.,� A. That Sectian 8-4 of Chapter 8 relating to warrant
fee is hereby amended so that it shall hereafter read as
follows:
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"Section 8-4 . Warrant fee.
(a) Except as provided in subsection (b) of
this section, a fee for the issuance and
service of a warrant of arrest in the
" sum of twenty-five dollars ( $25 . 00)
shall be imposed and collected by the
City in the following instances:
( 1) When a person fails to appear in
accordance with article 38 . 11, Tex.
Pen. Code (Vernon) , as amended, and
with article 6701d, §1"49, V.T.C.S. , -
as amended; and :
(2) In all other ins-tances where there
has been a violation of a law or
ordinance which imposes criminal
penalties for violations thereof, -
provided that written notice of the
issuance of an arrest warrant and
imposition of the warrant fee has
first been given to the offender.
"�' (b) Provided, however, that a defendant
convicted of a misdemeanor shall pay
thirty-five dollars ($35 . 00) for the
execution or processing of an issued
arrest warrant or capias . In such
' � instances, the $25 . 00 fee required in
section 8-4 (a) shall not apply. °
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B. That Section 8-8 of Chapter 8 relating to arrest
fees is hereby amended so that it shall hereafter read as
follows:
"Section 8-8 . Arrest fees .
A defendant convicted of a misdemeanor shall �
pay, in addition to any other fee authorized
or required by State law, the sum of Five
Dollars ($5 . 00) for the issuance by a peace
officer of a written notice to appear in
�;,,.� court following the defendant' s violation of
a traffic law, municipal ordinance or penal
law of the State, or for making an arrest
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without a warrant. °
C. That a new Section 8-9 relating to the discretion af
the Municipal Court Judge to dismiss certain charges is hereby
added to Chapter 8 and shall read as follows:
"Section 8-9 . Dismissal of certain charges .
The municipal court judge may, at his
discretion, dismiss the charge of expired
license plate (art. 6675a-3e, §7, V.T:C.S. )
driving without current driver' s license
(art. 6678b, �2, V.T.C.S. ) or expired motor
vehicle inspection certificate (art. 6701d,
§140(g) , V.T.C.S. ) provided the. violation or
defect (expired license plate; expired
driver' s license; expired motor vehicle
inspection certificate) is remedied within
ten ( 10) working days from the date of the
judge ' s order permitting dismissal. The
municipal court judge may assess an
administrative fee not to exceed $10 . 00 when
.. the defect or violation has been remedied in
accordance with this section. °
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Section 2 . This Ordinance shall be cumulative of a�l
other ordinances of the City of Grapvine, Texas, affecting
municipal courts and shall not repeal any of the provisions Qf
said ordinances except in those instances where provisions of
those ordinances are in direct conflict with the provisions of
this Ordinance.
Section 3 . If any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereto any person or circumstances is held invalid
or unconstitutional by a Court of competent jurisdiction, such
` holding shall not affect the validity of the remaining portians .
of this ordinance; and the City Council hereby declares it -
would have passed such remaining portions of the ordinance :
despite such invalidity, which remaining portions shall remain
in full force and effect. -
Section 4 . The fact that the present ordinance and
regulations of the City of Grapevine, Texas, are inadequate -to
properly safeguard the health, safety, morals, peace a�d
,,,�, general welfare of the inhabitants of the City of Grapevine,
Texas, creates an emergency for the immediate preservation of
the public business, property, health, safety and general
� welfare of the public which requires that this Ordinance shall �
become effective from and after the date of its passage, and it
is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 5th day of September , 1989.
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APPROVED: .
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William D. Tate
Mayor
ATTEST: . :
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�+ Linda Huff
City Secretary
APPROVED AS TO FORM:
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Adrienne C. Leonard
City Attorney
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