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O-003-32 MIAMI SHORES VILLAGE ORDIXWCE NO. 3 AN ORDINANCE Establishing the Village Court and Relating in Detail to the Procedure therein and to the Punish. ment of Offenses against the Village. BE IT ORDAINED BY MIAMI SHORES VILLAGE: SECTION 1. Village Courtv. There is hereby established the Village Court of Miami Shores Villagel which court shall have exclusive original jurisdiction of all offenses ,against the villagey and shall be open at all times necessary or convenient for the exercise of its powers # without formal call or adjournment. The village seal shall be the seal of the court. SECTION 2e Powers of Tudgel- The village judge shall hold sessions of the court whenever he deems a session advisables and he shall preside over , and preserve order and decorum in the village courts shall inquire into and try and determine the guilt or innocence of all persons charged with offenses against the villaget shall impose there- for such lawful punishments and penalties * plus lawful costs and feess as shall seem just in the exercise of a sound dis- cretion under the law and the evidence in each case; and for such purposest the village judge shall have power to adminis- ter oaths # summons witnessesl issue warrants for arrests , and make # sign and issue all commitments , sentences and all other orders and process as shall be lawful and appropriate. SECTION 3, Contemptse- The village judge may impose punishment for contempts of the village courts not to exceed the maximum punishment for violation of the vi lage or- !4 dinances. SECTION 4* DESIGNATION OF JIMGEs-, The manager and Clerk of the village is hereby designated as the village judgeg and he shall regularly perform all duties and exercise all powers of said offices but any other person may be # from time to timep appointed by the council to serve .as village judge during any absenoel illnessp disqualification or other dis- ability of the village managers or for other cause deemed suf- ficient by the council in one or more cases # and such person shall have and exercise all powers and duties of the village judge and receive the emoluments thereof during the pleasure of the council* SECTION 5., CLERK OF THE COURT The council or the village judge may appoint a clerk of the village court .and the judge or the clerk shall keep a docket and the files of the oourttshall receive all fines and fees for use of the villages to be placed in the general funds# and the clerk of the village court - may administer oaths and may sign and issue all warrants for arrest , siimmonses for witnessest and any other process issuable as of course , without a hearing or a trial, One or more deputy clerks of the village court may be appointed by the councilq and any deputy clerks in the name of the clerk of the village courts may exercise all powers and perform all dut- ies of the clerk of the village court as may be most convenient. SECTION 6.9 VILLAGE MARSHAL,- The village marshal shall be the executive officer of the village courts and hel or any deputy marshals shall make all arrests and shall serve and return all process, executions or orders of the village court $ and guard and care for accused persons. One or more deputy mar- shals may be appointed by the council # and any deputy marshal may exercise and perform all powers and duties of the village marshal. -2- SECTION 7, VILLAGE ATTORNEY9. The village attorney shall be the official prosecuting officer of the village courts and upon request of any village official # shall prosecute any person accused of any offense against the village. One or more assistant village attorneys may be appointed by the council # or by the village attorney, to serve as prosecuting officer during his absences disqualifications or disability and any such assis- tant village attorney may have and exercise all powers and duties of the village attorney . Any prosecuting witnessek may employ special counsel to assist in prosecutions which special counsel # with the permission of the village courts may act in any case, SECTION 8. OATHS OF OFFICERS - Every officer in the village court , before entering upon his dutiesq shall take and subscribe to an oath in substantially the form of a council- man's oath* SECTION go ARRESTS - POSSE - No arrest or trial shall be had except upon an affidavit to be made on personal knowledge or information and beliefs charging an offense against the vil- lagev to be filed in the village court# and upon a warrant of arrest thereon, which warrant shall issue as of course upon the filing of such affidavit * undertaking or purporting to charge an offense against the village * provided that the village mar- shal or any deputy marshal may arrest without a warrant any per- son comimitting an offense against the village in his sight or presences but in any event ,, such affidavit shall be made and filed in the village court before arraignment of the accused* Whenever the village marshal or any-deputy marshal deems it necessaryp he shall have power to silmmons one or more residents of the village as a posse to assist him in arresting or guard- ing any person or persons accused of an offense against the villages or committing an offense in the sight or presence of the marshal or deputy marshal * and all persons so called upon by the marshal or deputy marshal shall have the powers of deputy marshals for the purposes of rendering such as- sistancee SECTION 10i BONDS - APPEARANCES9- Every arrested persca shall be held by the marshal for trial at thenext session of the village, 00urts provided that such accused per** son may be released on a cash bonds or a sealed bond with good and sufficient suretiest,.the amount of such bonds in any eventq and the form thereof and sufficiency of the sure- tiesq if a sealed bond be furnishedp shall be approved by the village judge or clerk of courts such bond to be con- ditioned for the appearance of the accused person at the next session of the village court* If a cash bond be furnished# the judge or clerk shall give the accused person a receipt stating the day his appearance is requireds and such day shall be noted on the docket , and on the day so designated, or as named in a sealed bond for appearances if the defendant shall not ap- pearg his name shall be three times loudly called from the village courts and then if he shall not so appears his bond shall be forfeited anddeclared estreated by the village judge. SECTION llo Every accused person shall be ar- raigned in the willage court before trials and the affidavit charging the offense shall be read to him.9 and if he shall not plead theretol a plea of Not Guilty shall be entered for him.* and thereupon his trial shall proceed before the village judge without a Jury* _4� SECTION 12 - Any accused person may be represent- ed by counsel and shall have the right to face his accuser in open courts and process to compel the attendance of wit- nessess provided that the costs thereof shall be first paid if required by the village clerk or marshal. SECTION 13. FORK AND CONMTS OF PROCESS9- Any affidavit or warrant in the village court may contain teveral counts$ and it shall not constitute ground of objection to any warrant or affidavit that the same be duplicitous. No tech. nical form or language of art shall be necessary in any af- fidavit# warrants or other process of the village courts and no affidavits warrant or other process shall be quashed or dismissed or demurrer sustained thereto , nor judgment arrest- edg no r new trial grantedg if it substantially charge an of- fense against the village in the language of an ordinances, rule or regulation or substantially state the matter of fact upon which the same be baseds, or if the same be stated in any language sufficient to apprize a reasonably intelligent person of the nature and place of the offense chargedg nor unless the court shall be of the opinion that the process attacked is so vagueg indistinct and indefinite as to mislead the accused and actually embarrass him in the preparation of his defenses or expose him after trial to substantial danger of a new pro- cess for the same offense; and the court may reserve decision on any demurrer or on any motion to quash or dismiss or other motion, until the termination of the trials and then deter- mine whether the accused was actually embarrassed or prejudi- oed in the preparation or presentation of his defense by rea- son of the alleged defects in the affidavits warrant or other process. "5� SECTION 14. CONTINUANCES AND AGREEMWTS9- No continuances shall be granted except upon a clear showing of substantial prejudice if the continuance be not granteds nor shall the village judge be required to recognize any agreements or recommendations of an arresting or prosecuting officer with the accused person or his counsel, SECTION 15- TESTIMONY AND REPORT$- Upon request of an accused person, or his attorneys and at other times upon dir- eotion of the village judges oral testimony and other proceedings in the village court may be taken down in shorthand by the village clerk or by any stenographer appointed by the court and sworn to truly report and transcribe such testimony and proceedings # with exhibits theretog ke=e a transcript of such testimony and exhibits so prepared and certified by the village judge shall be deemed the record thereofg provided that the stenographer's costs and charges for taking and reporting such testimony,,be required to be paid in advance or a deposit therefor made by the party requesting such report of testimony. SECTION 16- PRACTICE GENERALLY, - Except as pro- vided by ordinancest the practice and procedure in the' circuit courts of Florida, as now or hereafter established by statutesl and the rules of courts shall govern trials and procedure in the village courts so far as applicable. SECTION 17. FEES, - All persons accused or having business in the village court shall pay the same fees to the clerk for the services of the judge , clerk and marshal and their deputies as are now or hereafter may be payable under the laws of Florida to Xustioe of the Peace courts in Dade`- County9 Floridas but such fees shall be paid into the village treasury as general funds thereof, A deposit for the costs of prosecution may be required of complain- -6- Ing parties before issuing any process or performing other services* SECTION 18, - All persons convicted of offenses against the village and sentenced to imprisonment,,,be con- fined by night in a secure enclosure to be known as the vil- lage jail , of which the marshal shall have charge and careq and all such persons by day shall labor upon the streets and other work49. in the village ( whether specifically sen- tenced to such labor or not) in the custody of the marshall. or a deputy marshal # as such labor may be needed6 The mar- shal shall be allowed not exceeding One ($1*00) Dollar� per day for the subsistence of each pri.soner and each prisoner shall be allowed Two ($2*00) Dollars# less the cost of his subsistenoe.) on any fines or costs owing by him to the village, for each eight hours of such labor* SECTION 19,- FORMS - The following forms may be used in the village court: lo AFFIDAVIT IN THE VILL&GE COURT9 MTAM SHORES VIIJAGE No* FLORIDA MIA SHORES VIIXAGE vs IM. ROB J'OHN DOE!, being duly sworns' aharges that 1WM, ROE$ ong to-wit: January 5o 1932# within said villagev did unlaw- fully assault and strike EMTRY BLAM9 contrary to the peace and good order of the village* SWORN to and subso3�1 bedbefore me Tanuary 6 , 1931 As clerk of the Court* -7- 2, Warrant (venue as above) (Style of Cause. ) Ik. ROE# defendant,* is ordered to appear forthwith in the village court (9533 N. E. 2nd Avenue) to stand trial in answer to the charge made against him by JTOEN DOE9 that said defendants on Xanuary 5 . 19329 within said villages i Idid unlawfully assault and strike BEIRY BLANK9't, contrary to the peace and good order of the villages as appears by affidavit on file in this court, The marshal shall arrest said defendant and bring him before the court forthwith or at the next session thereof# under the penal- ties provided. NIMSS my hand and the village seals Tanu@.ry 60 1932. As Clerk of the Court* C 3. Bond to Appear. (venue) (style) WM, ROEs as principal and THOMA ZIMS and JACK ROBERTSt jointly and severally# bind themselves and their exe- cutors and administrators , unto Miami Shores Village in the sum of 050*009 well and truly to be paid if said principal shall not appear in the village court of Miami Shores Vil- lage at 9:30 o'clock in the forenoon on January 10ths 19329 to stand trial in answer to the charge made against him by JOECU DOE, but if the principal so appear this bond shall be - -8- come void., WITNESS our hands and seal�s January 79 1932. APPROVED: LS..A Principal Village Judge Sureties 4, Witness Summons (venue) (style) HARRY OHM and BARTHOLMIEW are ordered to ap- pear in the village court (9533 N* Zo 2nd Avenue) at 9:30 in the forenoon on January 10thq 1932p to testify as wit- nesses in the above entitled case and if either fail to at- tend the marshal shall arrest and bring him into court under the penalties provided, WITNESS my hand and the village sealg January 1932o As Clerk of the Court, 5, X=MEUT (style) (venue) After due trialp the court finds WM. ROE guilty as charged ( or not guilty as the case may be) in that # within the villageq he did unlawfully strike and assault HENRY BIAM and sos :,.�`- The ooui;t sentences said defendant to be im- prisoned at hard labor on the streets or other works of the village during thirty days commencing t�is January 109 1932* Village Judge. 6 Commitment (venue) (style) JOHN DOE having been found guilty of an offense ag- ainst the village and sentenced to thirty days imprisonments Said defendant is hereby committed to the custody of the marshals to be safely confined by night and to labor by day on the streets or other works of the village until noon of February 16 9 1932# BY the Courts January 119 1932* As Village Judge* -10 ICLAMI z Plainti No. 1. WMo ROE endant. .7anuary 5- Aff t of lohn Doe War words 8 turn 7- B d prpval 10- ai n ng p a (not ilty) 10- 3 witness a on re her on 10- earing wit 10- otion to affidavit 10- der orrul motion. to quash 10 One a 1 Judgment uiltro ) _10- Onmmitizent 10- Taxing costs and bI but any forms substantially the same in effect shall be suf- ficient regardless of language used ea4h*aCh no departure from any of said forms shall bo.udeemed J"eative unless the village judge shall be of the opinion that the same will or did actually prejudice a person concerned therein. SNOTION 20.- This ordinance shall be published in Ifilp"4. ft 4 41~9 a newspaper published In this dountyg and within five days thereafter shall be recorded by the Clerk but it is deemed necessary by the council for the public healtht convenience and safety that.,this ordinance shall become of- fective immediately upon its P;issa Ap Mayor of Miami -Shores Village. ATTEST: As village manager and clerk of said eoupt.