Athens City Charter

Section 1. Be it further enacted, that the City Council shall appoint a City Judge who shall be an attorney at law entitled to practice in the courts of the state and who shall serve at the will of the City Council. The City Judge shall have jurisdiction in and over all cases arising under the laws and ordinances of the City. The compensation of the City Judge shall be fixed by the City Council. In the event the City Judge shall be absent or unable to attend any session of City Court, he is empowered to designate a qualified person to hold session of the Court in his stead; provided, however, that the person so designated shall not be a member of the City Council. [As amended by Priv. Acts 1967, ch. 390, § 1; and replaced by Priv. Acts 2004, ch. 92, § 12]

Section 2. Be it further enacted, That the City Judge shall have power and authority to impose civil penalties, costs, and forfeitures, and to punish by civil penalty for violation of city ordinances; to preserve and enforce order in his court; to enforce the collection of all such civil penalties, costs, and forfeitures imposed by him; provided that no civil penalty shall exceed five hundred dollars ($500) or the maximum allowable under general state law, and that civil penalties may be paid in installments in such manner as may be provided by ordinance. The City Judge may remit with or without condition, civil penalties and costs imposed for violation of any ordinance or charter provision. [As amended by Priv. Acts 1967, ch. 390, § 2; Priv. Acts 1994, ch. 180, §§ 4 and 5; and replaced by Priv. Acts 2002, ch. 114, § 3]

Section 3. Be it further enacted, That any person dissatisfied with the judgment of the City Judge in any case or cases heard and determined by the City Judge, may, within ten (10) days thereafter, Sundays exclusive, appeal to the next Circuit Court of the county, upon giving bond with good and sufficient security and approved by the City Judge for the person's appearance or the faithful prosecution of the appeal, provided, however, that in prosecutions for violations of the city ordinances the bond shall not exceed five hundred dollars ($500). [As replaced by Priv. Acts 2002, ch. 114, § 3]

Section 4. Be it further enacted, That only one warrant shall be issued for the same offense, said warrant to embrace all the parties charged with the same offense. No arrest shall be made except with a warrant duly issued, unless the offense is committed in the presence of the officer making the arrest, or unless in a case of felony. The affidavit upon which the warrant is issued shall especially state the offense charged.

Section 5. Be it further enacted, That all civil penalties imposed by the City Judge for violations of the city ordinances shall belong to and be paid into the treasury of the city. [As amended by Priv. Acts 1994, ch. 180, § 6; and replaced by Priv. Acts 2002, ch. 114, § 3]

Section 6. Be it further enacted, That the City Judge in all cases heard or determined by him for offenses against the corporate laws and ordinances shall tax in the bill of costs, the same amounts and for the same items allowed in courts of justices of the peace for similar work in state cases. He shall certify to the chief of police for collection, all civil penalties, costs, and forfeitures imposed by him for offenses against the laws and ordinances of the city. Costs in favor of any person paid a fixed salary by the city shall belong to the city and be paid into its treasury; and it shall be the duty of the City Judge to collect and receipt of all civil penalties imposed by him, and he shall render a monthly report to the Council of all costs and civil penalties collected by him, and of all assessed and uncollected. [As amended by Priv. Acts 1994, ch. 180, § 6]

Section 7. Be it further enacted, That the City Judge shall keep or cause to be kept a court docket or dockets embodying completed detailed records of all cases handled by him.