§ 10-4. Powers.

(a)

Bail. The judge or his designee shall admit to bail any person charged with the violation of any city ordinance or any standard code adopted under state law by requiring an appearance bond, with good security, to be approved by the judge or his designee, in an amount not to exceed one thousand dollars ($1,000.00), and may, in his discretion, admit to bail such persons on a personal recognizance bond conditioned on the appearance of such person before him on a day named therein to answer the charges preferred against him.

(b)

Penalties. The judge shall have the authority to punish any person convicted of violating any city ordinance or any standard code adopted under state law with a fine of not more than five hundred dollars ($500.00) and/or a sentence of imprisonment or hard labor for a period not exceeding six (6) months; provided, however, that when, in the enforcement of the penalties prescribed in Code of Ala., 1975, section 32-5A-191, such fine shall not exceed five thousand dollars ($5,000.00) and such sentence of imprisonment or hard labor shall not exceed one year; provided, further, that no fine or sentence of imprisonment shall exceed the maximum fine or sentence provided by the city ordinance violated nor shall the fine or sentence exceed the maximum fine and sentence provided for violation of a substantially similar offense under state law. The penalty imposed on a corporation shall consist of the fine only, plus court costs.

(c)

Working out fines. The judge, at his discretion, may provide that, if a fine and costs are not paid within the time prescribed, the defendant, unless indigent, shall work out the amount of the judgment under the discretion of the city's authority, allowing not less than fifteen dollars ($15.00) for each day's service.

(d)

Costs. The municipal court of the city shall assess and distribute all court costs as provided by Code of Ala. 1975, §§ 12-14-14, 12-19-172 (d), 12-19-150, Rule 26.11, Alabama Rules of Criminal Procedures, and as provided by any other state law governing court costs enacted hereafter.

(e)

Correction fund. In addition to any court costs and fees now or hereinafter authorized by the state legislature, pursuant to Code of Ala. 1975, § 11-47-7.1, the city shall assess additional court costs and fees up to but not exceeding such costs and fees assessed in the district courts of the county hereafter filed in the municipal court of the city. Pursuant to Code of Ala. 1975, § 11-47-7.1, these additional court costs and fees shall be collected by the clerk of court and paid into a special municipal fund designated as the "corrections fund." The cost or fee shall not be waived by the city municipal court judge(s) unless all other costs, fees, assessments, fines, or charges associated with the case are waived.

(f)

Inability to pay. Upon a conviction, the court may, upon a showing of inability to make immediate payment of fines and costs, accept defendant's bond with or without surety and with waiver of exemptions as to personalty, such fines and costs to be payable within thirty (30) days and, upon nonpayment of which execution may issue upon the bond as upon judgments in state courts.

(g)

Continuance; drivers. The judge shall have the authority to continue the case from time to time to permit the fines and costs to be paid, remit fines, costs and fees, impose intermittent sentences, establish work release programs, require attendance of educational, corrective or rehabilitative programs, suspend driving privileges for such time and under such conditions as are provided by law and order hearings to determine the competency of the defendant to stand trial; provided further, that the judge may enter an order authorizing the defendant to drive under conditions set forth in the order and shall have the authority to authorize the court clerk to continue cases from time to time.

(h)

Trial. All cases in the court shall be tried by the judge without a jury.

(i)

Probation. The judge may suspend execution of sentence and place a defendant on probation for varying periods of time, not to exceed two (2) years, under the procedures and conditions set out in Code of Ala. 1975, section 12-14-13.

(j)

Oaths; witnesses, documents, contempt. The judge may administer oaths, compel the attendance of witnesses and compel the production of books and papers, punish by fine not exceeding fifty dollars ($50.00) and/or imprisonment not exceeding five (5) days any person found and adjudged to be in contempt of court, and shall have power coextensive with the jurisdiction of the district court to issue writs and other process, and to approve and declare bonds forfeited. The judge may designate any other city officers who shall be authorized to approve appearance and appeal bonds.

(k)

Judicial notice. The court shall take notice of the ordinances of the city and any standard codes adopted under state law.

(l)

Law enforcement officers. The sheriffs of Jefferson and Shelby Counties and all law enforcement officers of the city shall obey the judge having legal authority in faithfully executing the warrants and processes committed to them for service according to their mandates.

(Ord. No. 95-1392, 10-16-95; Ord. No. 04-2008, §§ 1—3, 2-16-04)