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08. Ordinance 1246 - Creating Municipal Court - 2nd ReadingORDINANCE NO. 1246 AN ORDINANCE REPEALING R.O. 1947, SS 7 AND 8, AND ESTABLISHING A MUNICIPAL COURT FOR THE CITY OF KALISPELL AND A MUNICIPAL COURT CLERK POSITION; DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION I. That R. 0. 1947, SS 7 and 8 be repealed and the Kalispell, Montana City Code Chapter 2 be amended, hereby establishing a municipal court, to read as follows: Me�i���i:� Section 2-58. Establishment and recognition. The municipal court of the city of established pursuant to state law Chapter 6 (Section 3-6-101 et seq.). recognized by the city that its established for all intents and purpi state law and for all purposes tha inferred therefrom. The municipal continuing jurisdiction over all cases. Kalispell is hereby under MCA Title 3, It is specifically municipal court is ses set forth in the may be reasonably court shall assume pending city court Section 2-59. Municipal court clerk position established. Pursuant to state law, the position of municipal court clerk is established within the municipal court. The municipal court clerk shall assist the municipal court judge in the recording and signing of court proceedings as well as in creating, maintaining and retaining municipal court records. The city council shall set the salary of the municipal court clerk and provide for other necessary expenses that may be incurred in operating the municipal court. Section 2-60. Qualifications. A municipal court judge must have the same qualifications as a judge of a district court, as set forth in Article VII, section 9, of the 1972 Montana constitution, except that a municipal court judge need only be admitted to the practice of law in the state for at least two (2) years prior to the date of appointment or election. A municipal court judge must be a resident and voter in the city of Kalispell at the time of election. Section 2-61. Full-time Judge. There shall be one municipal court judge. The municipal court judge shall be a full-time judge and shall not be employed in addition to his or her employment as municipal judge. Section 2-62. Qualifications of judge pro tem. When a judge of the municipal court has been disqualified or is sick or unable to act the judge shall call in a qualified practicing attorney of the county who shall be judge pro tem with the same powers for the purposes of the cause as the judge of the municipal court. Section 2-63. Duties, bond and oath. The judge of the municipal court shall have all duties imposed by state law and higher courts. The judge shall also have the duties imposed by city ordinances. The judge shall hear and determine all suits, actions, prosecutions instituted in the municipal court pursuant to state law and ordinances of this city. Before entering upon the duties of his or her office and within ten (10) days after receiving notice of election, the municipal judge shall qualify by executing a bond in favor of the city to be approved as other bonds in the sum of two thousand dollars ($2,000.00) lawful money of the United States, conditioned that he or she will truly, faithfully and fully perform the duties of the office of municipal judge required of him or her by law, and the provisions of this Code or other ordinances of the city which now are or shall hereafter at any time be ordained; that he or she will render a just and true account of all moneys which may at any time come into his or her hands belonging to the city, and pay the same over, immediately on receipt of the same, and deliver over to his or her successor in office or to any person authorized by law or ordinances to receive the same, all books, papers, records and other things pertaining to his or her office which belong to the city. The bond and oath of office shall be filed with the office of the city clerk. Section 2-64. Annual salary; expenses. (a) Pursuant to MCA 3-6-203, the salary of the Kalispell Municipal Court Judge may be fixed by ordinance or resolution. (b) In addition to the foregoing, the Kalispell Municipal Court Judge shall receive his or her actual and necessary traveling expenses and all other necessary Fq expenses as budgeted in the city's annual budget. Section 2-65. Appeal to district court. Pursuant to state law, a party may appeal to district court from a judgment of the municipal court if: (a) The amount in controversy exceeds $200; or (b) The judgment includes incarceration; or (c) Upon petition of an aggrieved party, the district court may, in the interests of justice, accept appeal jurisdiction notwithstanding the amount in controversy. Section 2-66. Scope of appeal. An appeal to the district court from a judgment of the municipal court is confined to review of the record and questions of law, subject to the supreme court's rulemaking and supervisory authority. Section 2-67. Record on appeal. The record on appeal from municipal court to district court shall consist of an electronic recording F, or stenographic transcription of the case tried, together with all papers filed in the action. Section 2-68. Procedure on appeal. The district court may affirm, reverse, or amend any appealed order or judgment and may direct the proper order or judgment to be entered or direct that a new trial or further proceeding be had in the municipal court. SECTION II. EFFECTIVE DATE. This ordinance shall be effective on January 6, 1997. SECTION III. REPEALER. All resolutions, ordinances, and sections of the City Code inconsistent herewith are hereby repealed. SECTION IV. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may 3 be given effect without the invalid provisions or application, and, to this end, the provisions of this ordinance are declared to be severable. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 1996. ATTEST: Debbie Gifford, CMC Clerk of Council 4 Douglas D. Rauthe, Mayor