HomeMy Public PortalAbout15-2014 ORDINANCE NO. 15-2014
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND,GEORGIA
AMENDING CHAPTER 38,MUNICIPAL COURT
SO AS TO PROVIDE FOR REIMBURSEMENT OF INDIGENT DEFENSE
COSTS BY VIOLATORS,TO ESTABLISH AN EFFECTIVE DATE,
AND OTHER RELATED PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt
reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of
Tybee Island,Georgia,and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the
Mayor and Council thereof,and
WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and
home rule powers,and
WHEREAS, the City is providing a public defender by contract in connection with proceedings
in Municipal Court of the City and the cost to the City, or at least a portion thereof, should be borne by
the violators when appropriate;and
WHEREAS, O.C.G.A. §17-12-51(b) provides for a municipality to permit its court to impose a
condition of probation repayment of all or a portion of the costs of providing legal representation and
other expenses of the defense if the payment does not impose a financial hardship upon the defendant or
the defendant's dependent or dependents. The defendant shall make the payment through the probation
department to the municipality; and
WHEREAS, the City of Tybee Island desires to amend Chapter 38 of the City Code in order to
add a new Code section to be designated as Section 38-5;
NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee
Island:
SECTION 1
A new Section 38-5 will be codified and will read as follows:
Sec.38-5. Indigent defense cost.
(a) When an offender in the Municipal Court enters a plea of nob o contendre, first
offender, guilty, or is otherwise convicted, the court may impose as a condition of probation
repayment of all or a portion of the cost for providing legal representation and other expenses of
the defense if the payment does not impose a financial hardship upon the defendant or the
defendant's dependent or dependents. Such payment shall be made by the defendant through the
Probation Depai talent to the City.
(b) In determining whether or not a payment imposed under this ordinance imposes a
financial hardship upon a defendant or defendant's dependent or dependents in determining the
amount of the payment to impose,the court shall consider the factors set forth in O.C.G.A. §17-
14-10. The public defender may provide the court with an estimated cost for providing to the
defendant the legal representation or other expense of the defense. If requested by the defendant,
the court shall hold a hearing to determine the amount to be paid.
SECTION 2
The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable
and,if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 4
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of
Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
•
intention.
SECTION 5
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
the ordinances of the City.
•
ADOPTED THIS/3 DAY OF 14.
•
OR
ATTEST:
CLIRIC OF COUNCIL •
FIRST READING: 7 /"71
SECOND READING: l3)-x_d_k__J /'`/
ENAC 1'ED: /3 J /
Tybee/Ordinances/2013/31-2013 Sec 38-5 indigent defense cost 08.08.13 •
Tybee/Ordinances/2014/15-2014 Sec 38-5 indigent defense cost 01.22.14 renumbered
•
•