§ 14-4. Jurisdiction and powers.  


Latest version.
  • (a)

    The municipal court shall conduct arraignments and trials and punish violations of city ordinances.

    (b)

    The municipal court shall have the jurisdiction and powers throughout the entire area of the city including, but not limited to:

    (1)

    The abatement of nuisances;

    (2)

    The prosecution of traffic offenses as set forth in O.C.G.A. title 40, as amended;

    (3)

    The prosecution of offenses relating to the possession of one ounce or less of marijuana as set out in O.C.G.A. § 36-32-6, as amended;

    (4)

    The prosecution of offenses relating to drug related objects as set out in O.C.G.A. § 36-32-6.1;

    (5)

    The prosecution of offenses relating to operating a motor vehicle without effective insurance as set out in O.C.G.A. § 36-32-7, as amended;

    (6)

    The prosecution of offenses relating to shoplifting as set out in O.C.G.A. § 36-32-9, as amended;

    (7)

    The prosecution of offenses relating to alcoholic beverages and persons under 21 years of age as set out in O.C.G.A. § 36-32-10, as amended;

    (8)

    The prosecution of offenses relating to criminal trespass as set out in O.C.G.A. § 36-32-10.1, as amended; and

    (9)

    Any additional power, authority or jurisdiction granted to municipal courts pursuant to the general laws of the state.

    (c)

    The judge shall have full power and authority to compel attendance of parties and witnesses at the court and, for this purpose, shall have full power and authority to require bail to secure such attendance and to issue appropriate orders for the forfeiture of recognizance given in pursuance of the city Charter; all warrants, summons, subpoenas or other processes issued, requiring appearance or attendance at the municipal court, shall be issued by the judge or clerk of the municipal court and be directed to the chief of police, any police officer, or other arresting officer of the city, or be sent certified mail and bear teste in the name of the municipal court judge; the municipal court shall be governed by the rules of the superior courts of the state insofar as they may be applicable to such court and a sound construction of the city Charter and the laws of the city.

    (d)

    The chief judge of the municipal court shall, for all intents and purposes, be the same as a magistrate so far as to enable him to issue warrants for offenses committed within the city limits, which warrants may be executed by any member of the police force of the city, or any other law enforcement officer, and to commit the offenders to the county jail of the county, or to admit them to bail in bail-able cases, for their appearance at the next term of the court of competent jurisdiction to be held in and for the county.

    (e)

    When sitting in court, the chief judge or any associate judge thereof shall have the power to punish for contempt by fine not exceeding $200.00, by imprisonment not exceeding ten days, or by one or both or any part thereof in the discretion of the presiding judge.

    (f)

    If the offense charged is one against an ordinance of the city, the arresting officer shall carry the same before the municipal court, where same shall be disposed of as other cases of arrest not under warrant.

    (g)

    Except as otherwise provided in this article, the judge of the municipal court may fix as punishment for offenses within the court's jurisdiction a fine not exceeding $2,500.00, by imprisonment not to exceed 12 months, by performing community service hours or alternative sentencing, or by any one or more of these punishments in the discretion of the presiding judge of the municipal court as now or hereafter provided by law.

    (h)

    In those cases where the municipal court has jurisdiction to try cases involving the violation of state law, the presiding judge will impose those penalties as provided by state law.