(a) An action for the violation of any law of the city shall be brought in the name of the city as plaintiff against the person who is alleged to have violated the law as defendant, and shall be commenced by the filing of a complaint or by the issuance of a summons or citation, or by both summons and a complaint.

(b) Each act or series of related acts committed by the same person, constituting a violation of any of the provisions of this Code, may be consolidated for the purpose of filing a complaint, issuing and serving summons and subpoenas, trial and appeal, but the judge shall impose a separate fine or penalty for each offense of which the defendant is convicted.

(a) Every complaint or summons shall state the name of the defendant, the number of the chapter and section alleged to have been violated, the type of offense to which each of such sections relates, the date and place of each alleged violation, that the defendant is known or believed to have committed such offense and that the defendant is required to appear to answer the charges on a date and at a time and place designated in the complaint or summons. The complaint or summons, except as provided in this chapter, shall be signed by the person alleging the violation and the complaint shall be verified by the complainant unless he is a police officer or a member of the personnel of the court acting in his official capacity. Each warrant shall state the name of the defendant, the sections and chapters alleged to have been violated, the date and place of the alleged violation, and that the defendant is alleged to have committed the offense. Each subpoena shall state the name of the case, the name of the witness to whom the subpoena is directed, and that the witness is required to appear to give testimony on the date and at the time and place stated in the subpoena.

(b) It shall be sufficient to charge a violation of the provisions of this Code in any summons or complaint by reference to the section and subsection, if any, providing for such violation.

(c) Upon the filing of a verified complaint by a person not a police officer, or a member of the personnel of the municipal court acting in his official capacity, the judge, court clerk or any authorized agent of the court may issue a summons, or the judge may issue a warrant against the defendant named in the complaint.

(a) Where a surety bond is forfeited, the surety on such bond shall pay the amount of the bond into the municipal court upon the date of forfeiture. Failure of the surety to satisfy a bond forfeiture shall result in proceedings being instituted in a court of competent jurisdiction in the name and on behalf of the city for recovery of the penalty in such bond named. The surety shall have the right to apply to the municipal court, in open court, within thirty (30) days from the date of forfeiture for a return of the whole or a part of the bond amount paid to the municipal court. Such application shall be in writing and shall be supported by affidavit setting forth the grounds for the demand. If good cause is shown by the surety for the return of the whole or a part of the bond amount, the municipal judge shall in open court, order the return of the surety of the amount determined by the municipal judge to be due the surety. The surety shall have the right to institute a claim against the city in a court of competent jurisdiction for recovery of any bond payment believed to be wrongfully held.

(b) When any defendant, duly summoned or admitted to bail, fails to appear at the time his case is made returnable or set for trial, the municipal judge may issue a warrant for the arrest of the defendant, or the municipal judge may hear and examine the testimony offered on the part of the city and may render judgment thereupon by default against the defendant, and in such amount under the provisions of this Code as the court may deem just.

(a) There shall be regular sessions of court for the trial of cases and the municipal judge shall hear and determine complaints for the violation of any city law where there is probable cause to believe that an offense has been committed; provided, however, it shall be lawful for the municipal judge to hold a special session of court at any time, including Sundays, holidays and night court, if in the discretion of a judge of the municipal court a special session is deemed advisable.

(b) Insofar as it is practicable, traffic cases shall be heard separately from other cases. Where traffic cases and other cases are set for the same court session, traffic cases shall be heard first.

(c) The court shall be open during such hours as are set by the municipal judge with the consent and approval of the council, including such night sessions as the council may designate. In case of any conflict between the municipal judge and the council as to the hours, the decision of the council shall govern.

(d) The municipal court shall be closed on Sundays and holidays except for special sessions.

(a) When the court imposes a fine upon an individual, the court may direct as follows:

(b) Where the court imposes a fine, the sentence shall provide that, except in the case of a corporation, if the defendant fails to pay the fine in accordance with the direction of the court, the defendant shall be imprisoned until the fine is satisfied or the defendant is released as provided in subsections (c) and (f) of this section. This provision shall be added at the time sentence is pronounced. If the defendant fails to pay a fine as directed, the court may issue a warrant for his arrest.

(c) When the court directs that the defendant be imprisoned until the fine is satisfied, the court shall specify a maximum period of imprisonment subject to the following limits:

(d) Where the defendant is unable to pay a fine imposed by the court, the defendant may at any time apply to the court for resentence. If the court is satisfied that the defendant is unable to pay the fine, the court shall:

(e) Notwithstanding that the defendant was imprisoned for failure to pay a fine or that he has served the period of imprisonment imposed, a fine may be collected in the same manner as a judgment in a civil action.

(f) If it satisfactorily appears to the court that such person is confined in jail for any fine or costs of prosecution for any criminal offense, and has no estate whatever with which to pay such fine and costs, or costs only, it is the duty of the court to discharge such person from further imprisonment for the fine and costs. Nothing in this subsection (f) shall authorize any person to be discharged from imprisonment before the expiration of the time for which he may be sentenced to be imprisoned as part of his punishment. The court shall hear without delay any application made under this subsection (f).

(a) The municipal judge may, within the framework of the annual budget approved by the city council and with the authorization of the city manager, hire such employees as are necessary to perform the prescribed functions of the court. Any employees so hired shall be employees of the city and, as such, shall be subject to the city's personnel rules, regulations and policies.

(b) The duties of the clerk, and the presiding judge when no clerk has been appointed, shall be to keep a register of the action in the court including all fees and money collected and an index thereof, to pay over to the finance director all fees, fines and penalties received during the preceding court day, all fines and fees to be credited to the general fund, and to prepare and keep a docket for the court in which the judgments in each case shall be noted by the judge thereof. The clerk and assistants shall have power to administer oaths and affirmations in all municipal matters in such court and may issue writs and notices, including capiases, subpoenas, summonses and executions of all cases coming within the jurisdiction of the court. The clerk shall be responsible for preparing all writs and other papers pertaining to the business of the court. The clerk and assistants shall execute oaths and bonds in the same manner and amount as that provided for municipal judges.

(a) The court shall be presided over by a presiding municipal judge appointed by the council for a term of two (2) years or until a successor is appointed and duly qualified.

(b) The municipal judge shall perform no other duties during the hours that court is in session except such as may be approved by the council on motion or resolution. The council may appoint additional judges from time to time as may be needed to transact the business of the court or to preside in the absence of the presiding judge. The presiding judge shall supervise and direct its operations. Any municipal judge may be removed by the council for cause.

(a) The presiding municipal judge of the municipal court shall make rules and regulations for conducting the business of the court, and such rules and regulations shall be reduced to writing and must be approved by council action before becoming effective.

(b) The judge shall also be ex officio clerk of the court unless a separate clerk of the municipal court shall have been appointed by the judge by and with the consent of the council.

(a) In any action before municipal court in which the defendant is entitled to a jury trial by the constitution or the general laws of the state, such party shall have a jury upon request. The jury shall consist of three (3) jurors unless, in the case of a trial for a petty offense, a greater number, not to exceed six (6), is requested by the defendant.

(b) In municipalities having less than five thousand (5,000) population, juries may be summoned by the issuance of a venire to a police officer or marshal. In municipalities having a population of five thousand (5,000) or more, juries shall be selected from a jury list as is provided for courts of record.

(c) Jurors shall be paid the sum of six dollars ($6.00) per day for actual jury service, and three dollars ($3.00) for each day of service on the jury panel alone.

(d) For the purposes of this section, a defendant waives his right to a jury trial under (a) of this section unless, within ten (10) days after arraignment or entry of a plea, he files with the court a written jury demand and at the same time tenders to the court a jury fee of twenty-five dollars ($25.00), unless the fee is waived by the judge because of the indigence of the defendant. If the action is dismissed or the defendant is acquitted of the charge, or if the defendant having paid the jury fee files with the court at least ten (10) days before the scheduled trial date a written waiver of jury trial, the jury fee shall be refunded.

(e) At the time of arraignment for any petty offense in this state, the judge shall advise any defendant not represented by counsel of the defendant's right to trial by jury; of the requirement that the defendant, if he desires to invoke his right to trial by jury, demand such trial by jury in writing within ten (10) days after arraignment or entry of a plea; of the number of jurors allowed by law; and of the requirement that the defendant, if he desires to invoke his right to trial by jury, tender to the court within ten (10) days after arraignment or entry of a plea a jury fee of twenty-five dollars ($25.00) unless the fee is waived by the judge because of the indigence of the defendant.