§ 10-5. Bail bonds.

(a)

Form of bail bonds. Bail bonds taken by the judge or his designee for the appearance of a person to answer a charge of violating a provision of this Code or other city ordinances.

(b)

Cash bail bonds.

(1)

The judge or his designee shall be authorized to accept cash bonds on criminal charges for violation of any section of this Code or other ordinance of the city within the city or its police jurisdiction. Such bond shall be approved by the judge or his designee.

(2)

The judge may forfeit such cash bonds placed with the chief of police by persons arrested for violation of any provision of this Code or other ordinance of the city for their appearance in the municipal court upon failure of the person arrested to appear in accordance with the terms of such bail.

(3)

All cash bonds heretofore accepted and heretofore forfeited by the person charged with violation of any provision of this Code or other city ordinance by their failure to appear in the municipal court and upon which the judge had entered a forfeiture shall be and are hereby forfeited to the city.

(4)

All such cash bonds forfeited to the city shall be immediately paid by the court clerk to the city treasurer.

(c)

Liability on bail bonds. The bail bonds provided for in this chapter binds all and each of the obligers for the appearance of the defendant on the day named, and on each subsequent day to which the case may be adjourned or continued, until discharged by law.

(d)

Judgment nisi on default. If a defendant fails to appear, as required by his bail bond, the judge shall enter up a conditional judgment against him and his sureties.

(e)

Notice of the municipal court.

(f)

Service and return of notice. The notice provided for in subsection (e) may be executed by the chief of police or any policeman, and must be returned by the officer executing it, with the proper return thereof, on or before the day appointed for the parties to show cause.

(g)

Alias notice. If the notice mentioned in subsection (e) and (f) is not served on any of the parties, such other notices as are necessary may, from time to time, be issued, or the court may proceed against the parties on whom notice has been served.

(h)

When judgment set aside, reduced or made absolute. If the defendants appear and show sufficient cause for the default, conditional judgment may be set aside without costs; but if they fail to appear, or after appearing, fail to show sufficient excuse for the default, the judgment may be made absolute for the entire penalty of the bond, or any part thereof, which, according to the circumstances, as the judge shall deem proper.

(Ord. No. 95-1392, 10-16-95)