§ 20-3. Cash bail.  


Latest version.
  • (a)

    Acceptance and forfeiture of bail. The judge of the municipal court is authorized to receive from any person arrested for a violation of any section of a city ordinance or any state law over which the municipal court has jurisdiction, cash bail for the appearance of such person before the municipal court. If such person voluntarily signs a written agreement in which he agrees that, in the event of failure to make an appearance by or upon the date therein named, his bail may be forfeited by the municipal court to the city by an order or judgment of the court entered upon its minutes, without service of notice or citation of any kind upon him, and such person shall, in the same instrument, authorize a plea of "guilty" in the event of his failure to appear on said date, then, said cash bail shall be applied to the payment of the fine and the costs which may be assessed against him.

    (b)

    Amount of bail. The judge of the municipal court so accepting any cash bail shall fix the same at any amount not less than $5.00, which, in his judgment, shall be deemed to be sufficient to compel the appearance of such person on the date fixed, provided that no cash bail shall be accepted unless voluntarily offered by the person charged.

    (c)

    Issuance of receipt for payment of bail.

    (1)

    When a cash bail is tendered and accepted, the judge of the municipal court accepting the same shall issue a special cash bail receipt therefor to the person tendering such cash bail, a copy of which is to remain in the cash bail receipt book. When a cash bail is returned to the person who deposited it, a receipt shall be taken therefor.

    (2)

    The same procedure shall apply whether or not the person who has deposited money is present or orders such bail to be applied on the payment of any fine and costs assessed against him. When such person fails to make his appearance and a guilty plea is entered for him, the judge shall apply as much of the cash bail as may be necessary for the satisfaction of such fine and cost, and the balance shall be returned to the defendant. In the event such cash bail is forfeited, then the entire sum shall be paid to the proper officer of the town.

(Ord. No. 93-02, § J, 3-9-1993)