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SB 129 - Braselton Municipal Ct. - penalties imposed

Madden, Eddie M (47th)

Status Summary	SC:	SLGO	HC:	LLeg	FR:	02/05/99	LA:	03/08/00	H - Read 2nd Time

First Reader Summary

A bill to amend an Act incorporating the Town of Braselton in the County of Jackson, as amended, so as to change the provisions relating to penalties that may be imposed by the municipal court; to change other provisions relating to the municipal court and the judge of such court; to provide for severability.

SB 129 99                                          LC 10 2683 
 
      SENATE BILL 129 
 
      By:  Senator Madden of the 47th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend an Act incorporating the Town of Braselton in the 
  1- 2  County of Jackson, approved August 21, 1916 (Ga. L. 1916, p. 
  1- 3  598), as amended, so as to change the provisions relating to 
  1- 4  penalties that may be imposed by the municipal court; to 
  1- 5  change other provisions relating to the municipal court and 
  1- 6  the judge of such court; to provide for severability; to 
  1- 7  repeal conflicting laws; and for other purposes. 
 
  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 9                           SECTION 1. 
 
  1-10  An Act incorporating the Town of Braselton in the County of 
  1-11  Jackson, approved August 21, 1916 (Ga. L. 1916, p. 598), is 
  1-12  amended by striking Section 20 in its entirety and inserting 
  1-13  in lieu thereof a new Section 20 to read as follows: 
 
 
 
  1-14    Be it further enacted by the authority aforesaid that 
  1-15    there shall be a municipal court in such town for the 
  1-16    trial of all offenders against all the laws and ordinances 
  1-17    of such town, to be held by the mayor at town hall or such 
  1-18    other place as the mayor may designate, as often as 
  1-19    necessary.  The mayor is authorized to appoint a municipal 
  1-20    court judge who shall be a resident of the Piedmont 
  1-21    Judicial Circuit and who shall serve in lieu of the mayor. 
  1-22    Any person appointed as a judge under this section shall 
  1-23    serve at the pleasure of the mayor and shall have such 
  1-24    powers and duties as provided under state law governing 
  1-25    such officials and as provided by this Act, as amended. 
  1-26    Further, in the absence or disqualification of both  the 
  1-27    mayor and his or her designee, any of the councilmembers 
  1-28    may hold court.  Such court and those presiding over such 
  1-29    court shall have the power to preserve order, compel 
  1-30    attendance of witnesses, and punish for contempt by 
  1-31    imprisonment not exceeding 30 days or by a fine up to the 
  1-32    maximum amount specified by general law for contempt. 
  1-33    Such municipal court and those presiding over such court 
 
 
 
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  2- 1    shall also be authorized to impose any punishment up to 
  2- 2    the maximum specified by general law or ordinance, 
  2- 3    whichever shall be less, for violations of the town's laws 
  2- 4    and ordinances.  The imposition of such penalties shall be 
  2- 5    guided by the terms of the applicable ordinance, and the 
  2- 6    municipal court and any judge presiding over such court 
  2- 7    shall also be governed by and operate pursuant to 
  2- 8    authority granted under Article 1 of Chapter 32 of Title 
  2- 9    36 of the O.C.G.A., as may be amended." 
 
  2-10                           SECTION 2. 
 
  2-11  In the event any section, subsection, sentence, clause, or 
  2-12  phrase of this Act shall be declared or adjudged invalid or 
  2-13  unconstitutional, such adjudication shall in no manner 
  2-14  affect the other sections, subsections, sentences, clauses, 
  2-15  or phrases of this Act, which shall remain of full force and 
  2-16  effect as if the section, subsection, sentence, clause, or 
  2-17  phrase so declared or adjudged invalid or unconstitutional 
  2-18  were not originally a part hereof.  The General Assembly 
  2-19  declares that it would have passed the remaining parts of 
  2-20  this Act if it had known that such part or parts hereof 
  2-21  would be declared or adjudged invalid or unconstitutional. 
 
  2-22                           SECTION 3. 
 
  2-23  All laws and parts of laws in conflict with this Act are 
  2-24  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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