Sec.
1. Establishment.
There shall be and is hereby established in the city a municipal court to
be known and designated ``The Municipal Court of the City of Peoria Maricopa County, State
of Arizona.''
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Sec.
2. When open; transaction of certain business on nonjudicial days.
The municipal court shall always be open, except on nonjudicial days, and
on such nonjudicial days, it may transact such business within its jurisdiction as is
authorized by law to be transacted by courts of justice of the peace, relative to
businesses within their jurisdiction.
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Sec.
3. Jurisdiction generally.
Said court shall, within the territorial limits of said city, have and
exercise jurisdiction as follows:
(1) It shall have and exercise exclusive original jurisdiction of all
proceedings of a criminal nature for the violation of any ordinance of said city, and of
every action of a civil nature for the enforcement of a penalty, or the recovery of a
penalty or forfeiture imposed by any ordinance of the city for violation thereof, or for
neglect to perform any duty by any ordinance imposed, and of every action for the
collection of any license, fine or penalty due from any person to said city, and required
to be paid, or which is due and collectible under the ordinance of said city.
(2) The municipal court shall have concurrent jurisdiction with the
justices of the peace, in the precincts where said city is established, over all
violations of the laws of the state committed within the limits of said city; said
concurrent jurisdiction shall be subject to the rules of civil procedure applicable to
trials before justices of the peace.
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Sec.
4. Presiding officer; appointment; term.
The presiding officer of the municipal court shall be a municipal judge,
who shall be appointed by the council. He shall be a graduate of a law school and must be
admitted to practice law in some state.
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Sec.
5. Disposition of fines, penalties and fees.
All fines, penalties and fees collected by the municipal judge shall be
paid to the properly designated officer of the city authorized to receive them.
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Sec. 6.
Power of the municipal judge to issue writs and processes and to hear cases; nature of
writs and processes; records to be kept; duty of police to execute, serve and make proper
return of writs and processes.
For the proper carrying out of the jurisdiction, vested in said municipal
judge, he shall be entitled and authorized to issue and cause to be served, any and all
writs and processes, and he shall have full authority to hear and determine all matters
properly coming before him and coming within his jurisdiction herein specified. The writs
and processes to be used shall be similar to those used by justices of the peace in cases
of similar nature, and proper record shall be kept of the issuance of writs and processes
and returns, and of any kind and all other actions taken relative thereto, and the actions
of the court thereon. The police of the city are hereby authorized and directed to execute
and serve any and all writs and processes issued out of said municipal court by said
judge, and proper return shall be made by such officer to the same extent as is required
of constables and sheriffs in the service and execution of similar papers.
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Sec.
7. Ordinances to give effect.
The council shall pass all necessary ordinances to give effect to the
provisions of this Article, not otherwise herein provided.
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