HomeMy WebLinkAbout193 Witness Fee (General Fund) ORDINANCE. NO /g3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, AUTHORIZING THE PAYMENT OF WITNESS
FEES FROM GENERAL FUNDS OF CITY WHEN WITNESSES
SUBPOENAED ON BEHALF OF CITY AND FURTHER AUTHOR-
IZING SERVICE OF WITNESS SUBPOENAES BY CITY
POLICE OFFICERS ON _BEHALF OF DEFENDANT, UPON
ADVANCE OF PRESCRIBED WITNESS FEES TO BE PAID
TO SUCH WITNESS AND PROVIDING A PENALTY FOR
FAILURE TO RESPOND TO SAID WITNESS SUBPOENA.
Be It Enacted by the City Council of the City of
Zephyrhills, as follows:
WHEREAS; the Municipal Court of the City of Zephyrhi ls,
under its inherent power, has the right to subpoena witnesses'
to appear before said Court on behalfof the City of Zephyr-
hills, and
WHEREAS, defendants appearing before said Court have
. the right to subpoena witnesses to appear and testify on be—
half of said defendant, and said witnesses cannot be required
to appear on behalf of either said City or said defendants
unless paid a witness fee for such attendance, including mileage
from place of residence to Municipal Court, and
WHEREAS, the laws of the state of Florida provide that
all witnesses in both civil and criminal cases shall receive
. for each day' s actual attendance in Court the sum of $5.00,
plus 6¢ per mile for actual distance traveled to and from
the. courts, and
WHEREAS, it is necessc.ry that provision be made for
the levying and collecting of said witness fees and mileage.
NOW, THEREFORE, BE IT RESOLVED by the City Council o
the City of Zephyrhills as follows:
1 . That all 'witnessesduly served with witness subp ena
to appear in behalf of the City of Zephyrhills i.n all cases
brought before the Municipal Court shall be entitled to a
witness fee for each day' s actual attendance in Municipal Cou t
in the sum of $5 .00, and in addlition thereto shall be paid
the sum of 6¢ per mile for actual distance traveled to and
from the Municipal Court.
2. That said witness attendance fee and mileage sha 1
be paid by the City Clerk of the City of Zephyrhills from
i
general funds of the City, upon receipt of duly signed order
from the Municipal Judge authorizing such payment.
3. That all witness subpoenas duly issued by the
Municipal Court shall be served by the Zephyrhills Police
Department and may be served anywhere within the boundaries
of Pasco County, Florida.
4. That any defendant requesting he issuance of a
witness subpoena shall deposit with the Zephyrhills Police
Department an amount sufficient to pay said witness the
daily attendancefee plus mileage as aforementioned, said
witness subpoenas to be served within the corporate limits
of -the City of Zephyrhills by said Zephyrhills Police Depart-
ment without charge.
5. That any defendant requesting services of a witn ss
subpoena beyond the corporate limits of the City of Zephyrhil s
shall be required to pay the sum of $5.00 to the City Police
Department for each such witness subpoena served, said amount
to be collected by the City Police Department and delivered to .
the .City Clerk for deposit in the general funds of the. City o
Zephyrhills.
2.
6. That failure of any witness to appear at the date
and time set forth in such witness subpoena shall, upon con-
viction thereof, be deemed in contempt of the Municipal
Court and may be sentenced to pay a fine of $500.00 or spend
90 days in the City Jail or both, in the discretion of the
Municipal Judge.
7. In the event any action, paragraph, sentence, clause
or portion of this Ordinance shall, for any reason, be',held
unconstitutional, invalid, or ineffective, the. same shall not
repeal, nullify or in anywise affect any other section, para-
graph, sentence or portion of this Ordinance.
CITY OF ZEPH RHILLS, FLORIDA
I y
Mayor
The foregoing Ordinance was read and passed on its
first reading by the City Council of Zephyrh.ills, Florida,
on this ° day of June, 1970.
esident of City uncil,,
Attest:
ity Clerk
The foregoing Ordinance was read and passed on its
I
second reading by the City Council of Zephyrhills, Florida,
�d
on this �Z day of / , 1970.
President ofCitYuncil7 " -
,
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Attest:
C ' y Clerk
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3.
The foregoing Ordinance was read and passed on its
third reading by the City Council of Zephyrhills, Florida,
on this day of 7 1 , 1970.
President of City Council Actin
Attest: �p
.• ity Clerk .
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4.
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THIS IS TO CERTIFY THAT ORDINANCE NO. 193
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HA BEEN POSTED IN TWO PUBLIC PLACES 9 NAMELY9 THE CITY HALL AN D
THE tr�r fik
U. S. POST OFFICE FOR A PERIOD OF FIFTEEN DAYS. THE t � - r
v\' OR )INANCE WAS POSTED. IN THE CITY HALL AND U. S. POST OFFICE ON
my - 17 19 70 AND REMAINED POSTED IN SAID. CITY
'Yt HA L AND U. S. POST OFFICE UNTIL August 7 19 70
XTY CLERK
6'ZEPHYRHILLS, FLORIDA.
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