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Section 4.10. Municipal Court. There is hereby created a court to be known as the Municipal Court of the City of Clarkesville which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law.
Section 4.11. Judge of the Municipal Court. The municipal court shall be presided over by the judge of the municipal court. The judge shall be appointed by the council and shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. No person shall be qualified or eligible to serve as a judge of the municipal court unless he or she shall have attained the age of 21 years and shall be a member of the State Bar of Georgia.
Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.
Section 4.13. Jurisdiction; Powers. (a) The municipal court is specifically vested, with all of the jurisdiction and powers throughout the entire area of the City of Clarkesville granted by State laws generally to mayor's, recorder's and police court, and particularly by such laws as authorize abatement of nuisances.
(b) The municipal court shall have authority to punish those in its presence for contempt, by a fine not to exceed Fifty Dollars ($50.00) or imprisonment not to exceed five days. The municipal court may fix punishment for any offense within its jurisdiction not exceeding One Thousand Dollars ($1,000.00) or imprisonment not to exceed 12 months, or to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 12 months, or any part of such punishments or combination thereof; provided, however, that any imprisonment combined with labor in a city work gang shall not exceed a total of 12 months.
(c) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violation of State law.
(d) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi., at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for securing for the appearance of a defendant at trial and if such defendant fails to appear at the time and placed fixed for trial the cash so deposited shall be on order of the judge declared forfeited to the City of Clarkesville, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(e) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated.
(f) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court.
(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons. subpoena and warrants which may be served as executed by any officer as authorized by this Charter of by State law.
Section 4.14. Appeal. Any person convicted of an offense in the municipal court shall have the right to apply to the Superior Court of Habersham County. The right of appeal and procedures pertaining to appeal bonds to the superior court from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court.
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