O23-05-09 - City Code Amendment Court Fees

ORDINANCE O23-05-09 
 
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF EL MIRAGE, 
ARIZONA, AMENDING THE CITY OF EL MIRAGE CODE, CHAPTER 33: CITY 
COURT, SECTION § 33.40 (A)(B)(C) COURT ENHANCEMENT AND SECURITY FEE; 
CITY COURT ENHANCEMENT AND SECURITY FUND, TO ALIGN WITH THE 
UPDATED 2023 FEE SCHEDULE. 
 
 
WHEREAS, City Council wishes to update the City Code from time to time to more accurately reflect 
current laws of the State of Arizona; and 
 
 
WHEREAS, City Council desires to amend Section § 33.40(A)(B)(C) COURT ENHANCEMENT 
AND SECURITY FEE; CITY COURT ENHANCEMENT AND SECURITY FUND of the City Code, by 
removing reference to a specific dollar amount and changing assessment of fees to per charge instead of per 
case; 
 
 
 
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of El Mirage, 
Arizona that the El Mirage City Code be amended as follows: 
 
Section 1.   
§ 33.01 COURT ENHANCEMENT AND SECURITY FEE; CITY COURT 
ENHANCEMENT AND SECURITY FUND.  
(A) In addition to any other fee or assessment authorized by law, a court enhancement and 
security fee as approved in the current fee schedule of $25 shall be imposed by the City 
Court on each order or agreement to pay any all charges where the City Court 
imposes a fine, sanction, penalty, or assessment. or to participate in any Court authorize 
diversion program. The court enhancement and security fee shall be imposed by the 
City Court to fees collected for Court authorized diversion programs.  Court 
authorized diversion program, as used in this section, means a program in which an 
individual or entity charged with any civil, petty, or criminal offense is not 
prosecuted for the offense on successful completion of any authorized diversion 
program, and it includes authorized defensive driving courses. The court enhancement 
and security fee shall not be imposed on civil parking violations.  The court enhancement 
and security fee shall be collected by the City Court for deposit into the City Court 
Enhancement and Security Fund.  A judge or hearing officer shall not waive all or any 
part of the fee unless payment of the fee violates a finding of the City Court pursuant to § 
33.42 of this code. 
(B) The City Court Enhancement and Security Fund is established for the exclusive purpose 
of enhancing City Court processes operations, technology, facilities, and security.  
Monies in the Fund shall supplement, not supplant, funds provided to the City Court 
through the city budget process.  Interest earned on the monies in the Fund shall be 
credited to the City Court Enhancement and Security Fund.  The City Court shall 
administer the Fund and may make expenditures from the Fund for the purposes approved 
in this section.   
(C) The City court shall conduct a biennial periodic review of the effectiveness of this 
subchapter at meeting the Court’s needs.  The City Court shall report any findings from 
the periodic review to the City Council.  The first review shall take place no later than two 
years from the effective date of this section. 
Section 2. 
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance in any part of 
this addition adopted here is for any reason held invalid or unconstitutional by the decision of 
any court of competent jurisdiction, such decision shall not affect the validity of the remaining 
portions thereof.   
Section 4.   
The City Clerk is hereby directed to publish this adopting ordinance in full and will become 
effective at the time and manner prescribed by law.

Pg. 2 - O23-05-09 
 
PASSED AND ADOPTED by the Mayor and Council of the City of El Mirage this 2nd day of May 
2023. 
 
 
_____________________________ 
        
Alexis A. Hermosillo, Mayor 
 
ATTEST: 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
____________________________ 
 
____________________________ 
Sharon Antes, City Clerk 
 
 
 
        
Justin Pierce, City Attorney 
 
 
 
CERTIFICATION OF RECORDING OFFICER 
 
STATE OF ARIZONA 
 
)      
          
County of Maricopa 
 
) ss. 
 
I, the undersigned Sharon Antes, being the duly appointed, qualified City Clerk of the City of El Mirage, Maricopa County, 
Arizona, certify that the foregoing Ordinance No. _________ is a true, correct and accurate copy of Ordinance No. 
__________, passed and adopted at a Voting Meeting of the Council of the City of El Mirage, Maricopa County, Arizona, 
held on the _____day of ____________ 2023, at which a quorum was present and, by a _______ vote,  _______ voted in 
favor of said ordinance. 
   
 
 
Given under my hand and sealed this _____ day of ____________, 2023. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
____________________________________  
 
 
 
 
 
 
 
 
Sharon Antes, City Clerk