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Brentwood City Commission Agenda

Meeting Date:	01/22/2018
Ordinance 2018-02 - Amendments to Various Sections of Chapter 22 of the Brentwood Municipal Code, Regarding City Court
Submitted by:	Roger Horner, Legal
Department:	Legal

Information

Subject

Ordinance revising various sections of the Brentwood Municipal Code related to City Court, with proposed amendments for final reading.

Background

Chapter 22 of the Brentwood Municipal Code contains provisions related to Brentwood City Court. Although minor amendments were adopted in 2007 and 2010, most of the provisions in Chapter 22 have not been updated in many years and do not adequately reflect the Court's current operations.

In conjunction with a comprehensive review of Chapter 66 (Traffic and Vehicles) and a proposed ordinance to revise many of the provisions in that chapter, staff also undertook a review of Chapter 22. (Note that in addition to handling traffic and vehicle violations, City Court also hears matters related to violations involving other portions of the Municipal Code, such as zoning.) Staff is proposing various revisions to Chapter 22 that are intended to reflect current City Court policies or improve upon existing policies.

A "redlined" version of Chapter 22, showing all of the proposed revisions, is attached. Examples of the revisions include the following:

New language regarding the issuance of citations by police officers or codes enforcement officers, clarifying that a citation serves as a notice to appear in court, regardless of a person's refusal or inability to sign the citation. (See section 22-1(a).)
Language providing that failure to appear in court constitutes a separate offense of contempt of court, for which an additional penalty may be imposed. Additionally, for traffic and vehicle violations, the language provides that the City may also report the violation to the State, with the possibility that the violator's license may be suspended. (Note that an obligation to appear in court may be complied with by an appearance by counsel.) (See section 22-1(b).)
Increase in the court cost for parking violations from $5.00 (established in 2007) to $10.00 (except for a violation related to parking in a fire lane or in a disabled parking space, for which the normal court cost of $75.00 is imposed.) (See section 22-4.)
Language limiting the court cost to $10.00 for a violation of the law against text messaging while driving (as established by state law.) (See section 22-4.)
Language providing that no court costs are to be imposed for violations related solely to the attachment or illumination of registration plates, as provided by state statute. (See section 22-4.)
A new section establishing that a citation will not be void due to the incorrect ordinance or section number being cited, as long as the citation states a sufficient cause of action. (See section 22-6.)

Ordinance 2018-02 enacts all of the proposed revisions to Chapter 22. The ordinance was passed unanimously on first reading on January 9, 2018 and is scheduled for second and final reading on January 22, 2018.

IMPORTANT INFORMATION FOR SECOND/FINAL READING: A separate ordinance, Ordinance 2018-01, adopts numerous revisions to the traffic and vehicle regulations contained in Chapter 66 of the Brentwood Municipal Code. A proposed amendment to Ordinance 2018-01 adopts by reference a newly effective state statute that prohibits talking on a handheld phone by drivers in a school zone when warning flashers are in operation and prohibits talking on a phone in any location by a driver who is under 18. Court costs imposed on persons violating these provisions are limited to $10.00 under the new law. This limitation is reflected in a proposed amendment which has been highlighted in Ordinance 2018-02. Staff requests that the amendment be adopted and the ordinance as amended then be passed on final reading.

City Court Judge Laurie Jewett has reviewed the proposed revisions and is supportive of them. Please contact the City Attorney if you have any questions.

Staff Recommendation

Staff recommends passage of Ordinance 2018-02.

Previous Commission Action

Ordinance 2018-02 was passed unanimously on first reading on January 9, 2018.

Fiscal Impact

Attachments
Ordinance 2018-02
Chapter 22 (redlined)
Signed Ordinance