Atlanta › Code of Ordinances — Part II (General Ordinances)

Chapter 58 — Consumer Protection

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§ 58-36

Definitions.

Sec. 58-36. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Motor vehicle means a motor vehicle required to be registered with the state revenue commissioner.

Person means an individual, partnership, association, corporation or other entity.

Repairing motor vehicles means the diagnosis of malfunctions, maintenance, repair, removal or installation of an integral component part of an engine, driveline, chassis or body of a motor vehicle. (Code 1977, § 14-5193)

Cross reference—Definitions generally, § 1-2.

§ 58-37

Penalty for violation.

Sec. 58-37. Penalty for violation.

Any person who violates this article shall be subject to penalty under section 1-8. (Code 1977, § 14-5196)

§ 58-38

Duties of person engaged in business.

Sec. 58-38. Duties of person engaged in business.

All persons engaged in the business of repairing motor vehicles shall:

(1)Upon request by the consumer, provide the consumer with a written estimated price for labor and parts necessary to perform a motor vehicle repair before such repair is performed;

(2)Upon request by the consumer before the repair is performed, return to the consumer any parts which have been replaced by the repair unless such parts are under *Cross references—Businesses, ch. 30; traffic and vehicles, ch. 150.

warranty or exchanged. If a part is exchanged, evidence of exchange must be provided the consumer upon request;

(3)Prominently display a sign or provide written information which advises the consumer of the consumer’s right to request a written estimate and return of parts; and

(4)Provide the consumer with a written notice which shall describe all repair work done and parts supplied, excepting a total charge of less than $10.00; the invoice shall be in such language as to be easily understood by the consumer.

(Code 1977, § 14-5194)

§ 58-39

Overcharge.

Sec. 58-39. Overcharge.

No person engaged in the business of repairing motor vehicles shall exceed the written estimated price given to the consumer pursuant to section 58-38 by more than ten percent if the written estimated price is above $250.00 or by more than 25 percent if the written estimated price is below $250.00 unless the consumer has given written or oral consent to such excess charges. (Code 1977, § 14-5195)

Secs. 58-40—58-60. Reserved.

ARTICLE III. CLOSEOUT AND SIMILAR

SALESt DIVISION 1. GENERALLY

§ 58-61

Definitions.

Sec. 58-61. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Fire and other altered goods sale means a sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means.

fCross reference—Businesses, ch. 30. State law reference—Restrictions on going out of business sales, O.C.G.A. § 10-1-393.

Going out of business sale means a sale held out in such a manner as to reasonably cause the public to believe that upon the disposal of the stock or goods on hand the business will cease and be discontinued, including but not limited to the following sales: adjuster’s, adjustment, alteration, assignee’s bankrupt, benefit of administrator’s, benefit of creditor’s, benefit of trustees, building coming down, closing, creditor’s committee, creditor’s end, executor’s final days, forced out, forced out of business, insolvent’s last days, lease expires, liquidation, loss of lease, mortgage sale, receiver’s, trustee’s, quitting business.

Goods means any goods, wares, merchandise or other property capable of being the object of a sale regulated under this article.

Removal of business sale means a sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move and resume business at a new location in the city or will then continue business from other existing locations in the city. (Code 1977, § 14-5122)

Cross reference—Definitions generally, § 1-2.

§ 58-62

Article supplemental.

Sec. 58-62. Article supplemental.

The sections of this article are intended to augment and be in addition to business licenses of this Code. Where this article imposes a greater restriction upon persons, premises, businesses or practices than is imposed by chapter 30, article III of this Code, pertaining to business licenses, or other sections of this Code, this article shall control. (Code 1977, § 14-5121)

§ 58-63

Inventory restrictions.

Sec. 58-63. Inventory restrictions.

(a)Bona fide orders. All goods included in the inventory of an applicant for a license under this article shall have been purchased by the applicant for resale on bona fide orders without cancellation privileges and shall not comprise goods purchased on consignment.

(b)Goods purchased for sale. This inventory shall not include goods ordered in contemplation of conducting a sale regulated under this article.

Any unusual purchase or additions to the stock of goods of the business affected by this article within 30 days before the filing of an application under this article shall be deemed to be of that character. (Code 1977, § 14-5127)

§ 58-64

Duties of licensee.

Sec. 58-64. Duties of licensee.

A person licensed under this article shall:

(1)Adhere to inventory. Make no additions whatsoever, during the period of the licensed sale, to the stock of goods set forth in the inventory attached to the application for a license;

(2)Advertise properly. Refrain from employing any untrue, deceptive or misleading advertising;

(3)Adhere to advertising. Conduct the licensed sale in strict conformity with any advertising or holding out incident thereto;

(4)Keep duplicate inventory. Keep available at the place of sale a duplicate copy of the inventory submitted with the application and present the duplicate to inspecting officials upon request; and

(5)Segregate noninventoried goods. Keep any other goods separate and apart from the goods listed in the filed inventory as being objects of sale and make this distinction clear to the public by placing tags on all inventoried goods in and about the place of sale apprising the public of the status of those goods.

(Code 1977, § 14-5130)

§ 58-65

Other prohibited activities.

Sec. 58-65. Other prohibited activities.

(a)Sale of unaffected or undamaged goods. It shall be unlawful for any person conducting any sale, whether by auction or otherwise, of any goods, wares or merchandise, which are or have been or which are claimed to or have been sold or purchased on account of any fire, or which are or have been or are claimed to or have been the property of any bankrupt or person who has failed in business or has made a general assignment, or which are being sold or offered for sale in any other way than through the usual channels of trade, to sell or offer for sale therein any goods, wares or merchandise not so circumstanced or affected or damaged.

(b)Adding to goods. It shall also be unlawful for any person to add to, or to permit to be added to, or to bring into or permit to be brought into any store, warehouse or other building in the city, any goods for the purpose of adding to such goods, wares or merchandise so circumstanced or affected and on hand in any such store, warehouse or other building for the purpose of being sold at such sale. (Code 1977, § 17-2005)

Secs. 58-66—58-80. Reserved.

DIVISION 2. LICENSE

§ 58-81

Required.

Sec. 58-81. Required.

A license issued by the chief financial officer shall be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by any means to be one of the following:

(1)Going out of business sale;

(2)Removal of business sale; or

(3)Fire and other altered stock sale. (Code 1977, § 14-5123)

§ 58-82

Exemptions.

Sec. 58-82. Exemptions.

This division shall not apply to or affect the following:

(1)Persons acting pursuant to an order or process of a court of competent jurisdiction or any person forced to vacate the premises because of eminent domain procedures or the threat of eminent domain.

(2)Persons acting in accordance with their powers and duties as public officials.

(3)Duly licensed auctioneers, selling at auction.

(4)Any publisher or newspaper, magazine or other publication that publishes in good faith any advertisement without knowledge of its false, deceptive or misleading character or without knowledge that this article has not been complied with. (Code 1977, § 14-5124)

§ 58-83

Application.

Sec. 58-83. Application.

A person desiring to conduct a sale regulated by this article shall make a written application to the chief financial officer setting forth and containing the following information:

(1)The true name and address of the owner of the goods to be the object of the sale;

(2)The true name and address of the person from whom the applicant purchased the goods to be sold and the price therefor and if not purchased the manner of acquisition;

(3)A description of the place where the sale is to be held;

(4)The nature of the occupancy, whether by lease or sublease and the effective date of the termination of the occupancy;

(5)The dates of the period of time in which the sale is to be conducted;

(6)A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby and the manner in which it will be conducted;

(7)The means to be employed in advertising the sale, together with the proposed content of any advertisement; and

(8)A complete and detailed inventory of the goods to be sold at the sale as disclosed by the applicant’s records. The inventory shall be attached to and become part of the required application.

(Code 1977, § 14-5125)

§ 58-84

Issuance prerequisites.

Sec. 58-84. Issuance prerequisites.

(a)Established business. Any person who has not been the owner of a business advertised or described in the application for a license under this division for a period of at least 12 months prior to the date of the proposed sale shall not be granted a license under this division.

(b)Exception for survivors of deceased businessperson. Upon the death of a person doing business in this city, the person’s heirs, devisees or legatees shall have the right to apply at any time for a license under this division. (Code 1977, § 14-5126)

§ 58-85

Fees.

Sec. 58-85. Fees.

Any applicant for a license under this division shall submit to the chief financial officer with the application a license fee of $100.00 to cover a 30-day sale. Any applicant for a renewal license under this division shall submit to the chief financial officer with the renewal application a renewal license fee of $100.00 to cover an additional 30 days. The renewal license may be granted at the discretion of the chief financial officer. (Code 1977, § 19-14.017)

§ 58-86

Interval between sales.

Sec. 58-86. Interval between sales.

(a)Any person who has held a sale, as regulated under this article, at the location stated in the application within one year last past from the date of the application shall not be granted a license.

(b)Whenever any person who has commenced a sale under this article at the location stated in the application shall determine within the licensing period that due to circumstances beyond the person’s reasonable control the person will be unable to discontinue the person’s business as originally intended, the licensee shall immediately cease all advertising and notices of such sale and shall document the pertinent facts and transmit them in writing to the chief financial officer.

(c)If the chief financial officer determines that the going out of business sale was undertaken in good faith and not completed due to circumstances beyond the reasonable control of the licensee, the chief financial officer may reinstate the gross receipts business license which was surrendered by the licensee to obtain a going out of business sale license. However, in such event the licensee shall forfeit any fee paid for the going out of business sale license and shall include all revenues received during the authorized term of the sale. (Code 1977, § 14-5131)

§ 58-87

Location of sale restricted.

Sec. 58-87. Location of sale restricted.

When a person applying for a license under this division operates more than one place of business, the license issued shall apply only to the one store or branch specified in the application, and no other store or branch shall advertise or represent that it is cooperating with it or in any way participating in the licensed sale nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale. (Code 1977, § 14-5232)

§ 58-88

Effect of issuance.

Sec. 58-88. Effect of issuance.

A license shall be issued under this division on the following terms:

(1)Licensing period. The license shall authorize the sale described in the application for a period of not more than 30 consecutive days, Sundays and legal holidays excluded, following the issuance thereof.

(2)Renewal procedure. The chief financial officer shall renew a license for one period of time only in addition to the 30 days permitted in the original license and not to exceed 30 consecutive days, Sundays and holidays excluded, when the chief financial officer finds that:

a.Facts exist justifying the license renewal.

b.The licensee has filed an application for renewal.

c.The licensee has submitted with the application for renewal a revised inventory showing the items listed on the original inventory remaining unsold and not listing any goods not included in the original application and inventory. For the purpose of this subsection, any application for a license under this division covering any goods previously inventoried as required under this article shall be deemed to be an application for renewal, whether presented by the original applicant or by any other person.

(3)Nature of sale. The license shall authorize only the type of sale described in the application at the location named therein.

(4)Saleable goods. The license shall authorize the sale of goods described in the inventory attached to the application.

(5)Surrender of general licenses. Upon being issued a license under this division for a going out of business sale, the licensee shall surrender to the chief financial officer all other business licenses the licensee may hold at the time applicable to the location and goods covered by the application for a license under this division.

(6)Transferability. Any license provided for in this division shall not be assigned or transferable.

(Code 1977, § 14-5129)

Secs. 58-89—58-99. Reserved.

ARTICLE IV. PREDATORY LENDING PRACTICES

§ 58-100

Legislative findings.

Sec. 58-100. Legislative findings.

The City Council of the City of Atlanta, Georgia finds:

(1)That citizens from many lower and moderate income neighborhoods in Georgia have been unable to access legitimate financing for home purchases and renovations, allowing predatory lenders to thrive; and

(2)That these predatory lenders are charging exorbitant fees and interest rates and are persuading citizens to incur mortgage debt in excess of their needs or ability to pay often through fraudulent means; and

(3)These predatory lending practices appear to be targeting elderly and vulnerable borrowers; and

(4)That to protect the citizens of Atlanta and its neighborhoods from lending practices which strip hard earned equity from city residents and contribute to the problem of vacant and abandoned houses by making loans that families cannot afford to repay. (Ord. No. 2001-71, § 1, 9-25-01)

§ 58-101

Intent and purpose.

Sec. 58-101. Intent and purpose.

It is the intent and purpose of this article:

(1)To collect and make available to the public information necessary for city residents to protect themselves against predatory lending practices; and

(2)To prevent the lenders engaged in predatory lending and those persons providing referrals and services to those lenders from enjoying the privilege of doing business with our city.

(Ord. No. 2001-71, § 1, 9-25-01)

§ 58-102

Definitions.

Sec. 58-102. Definitions.

The following definitions shall apply throughout this article:

Affiliate means any entity that controls, is controlled by, is under common control with, or makes loans to, including capital business loans, another entity, including any successors in interest or alter egos. For the purposes of this definition, "control" shall mean any entity that has control over another entity if:

(1)The entity directly or indirectly or acting through one or more other persons owns, controls, or has power to vote 25 percentum or more of any class of voting securities of another entity; or

(2)the entity controls in any manner the election of a majority of the directors or trustees of another entity.

Annual percentage rate means the annual percentage rate for the loan calculated according to the provisions of the federal Truth in Lending Act (15 U.S.C. § 1601 et seq.), and the regulations promulgated thereunder by the Federal Reserve Board (as said Act and regulations are amended from time to time).

Business entity means any individual, domestic corporation, foreign corporation, association, syndicate, joint stock company, partnership, joint venture, or unincorporated association, including any parent company, subsidiary, exclusive distributor or company affiliated therewith, engaged in a business or commercial enterprise.

City means the City of Atlanta.

City agency means the City of Atlanta, its departments, boards and commissions.

City-related agency means all authorities and quasi public corporations which either:

(1)Receive appropriations from the city; or

(2)Have entered into continuing contractual or cooperative relationships with the city; or

(3)Operate under legal authority granted to them by city ordinance.

High cost lender means a business entity that, through itself and/or an affiliate has made, issued or arranged, within any 12-month period, high cost loans that comprise either:

(1)Five percent of the total annual number of loans made, issued or arranged; or

(2)Ten individual loans; whichever is less.

The term "high cost lender" shall not include a business entity, or its affiliates, that has submitted to the city a plan to discontinue the practice of making high cost loans, if the plan ensures:

(1)The prompt disengagement from the practice of making, issuing, or arranging high cost loans by the business entity(s) and its affiliates; and

(2)The complete cessation of the making, issuing or arranging of high cost loans by the business entity and its affiliates within 90 days after the plan is submitted; provided that no more than one plan may be submitted on behalf of any business entity.

High cost loan means a high cost loan is a loan that is secured by residential real property located within the city on which there is situated a dwelling for not more than four families or a condominium unit, or is secured by a cooperative unit within the city, if:

(1)The annual percentage rate of the loan equals or exceeds five percentage points over the weekly average yield on United States Treasury securities with a comparable duration to the term of the loan, as of the week immediately preceding the week in which the interest rate for the loan is established, subject to the following conditions:

a.If the terms of the loan offer any initial or introductory period, and the annual percentage rate is less than that which will apply after the end of such initial or introductory period, then the annual percentage rate that shall be taken into account for purposes of this paragraph shall be the rate which applies after the initial or introductory period; and

b.In the case of an interest rate which varies in accordance with an index, the loan shall be deemed a high cost loan if:

1.Potential or scheduled increases in the interest rate of the loan are not directly tied to future increases and decreases in a widely used federal or private market measurement that reflects the cost of borrowing money, such as the interest rate yield on United States Treasury securities, the federal funds rate, or the prime interest rate; or

2.The margin over such index at any point during the life of the loan exceeds five percentage points.

(2)The total points and fees exceeds three percent of the total loan amount.

Points and fees means:

(1)All items required to be disclosed under sections 226.4(a) and 226.4(b) of Title 12 of the Code of Federal Regulations, as amended from time to time, except the interest rate or time-price differential;

(2)All charges for items listed under section 226.4(c)(7) of Title 12 of the Code of Fed eral Regulations, as amended from time to time, but only if the charges are not bona fide and reasonable in amount or the lender receives direct or indirect compensation in connection with the charge or the charge is paid to an affiliate of the lender;

(3)All compensation paid directly or indirectly (including but not limited to yield spread premiums) to a mortgage broker, including a broker that originates a loan in its own name in a table funded transaction, not otherwise included in subparagraph (1) or (2) of this paragraph;

(4)All premiums or other charges financed, directly or indirectly, in the loan for any credit life, credit disability, credit unemployment, accident, health, or loss-ofincome insurance or any other line or subline of insurance which may become accepted as credit insurance by the insurance and lending industries or for any debt cancellation or suspension agreements or contracts (whether or not the debt cancellation or suspension agreement coverage is insurance under applicable law), or similar products; and

(5)The maximum prepayment fees or penalties that may be charged under the terms of the loan.

Predatory lender means a business entity that, through itself and or an affiliate has made, issued or arranged, within any 12-month period, predatory loans that comprise either:

(1)Five percent of the total annual number of loans made, issued or arranged; or

(2)Ten individual loans; whichever is less.

The term "predatory lender" shall not include a business entity, or its affiliates, that has submitted to the city a plan to discontinue the practice of making predatory loans, if the plan ensures:

(1)The prompt disengagement from the practice of making predatory loans by the financial institution and its affiliates, and

(2)The complete cessation of the making of predatory loans by the financial institution and its affiliates within 90 days after the plan is submitted; provided that no more than one plan may be submitted on behalf of any financial institution.

Predatory loan means a threshold or high cost loan that was made under circumstances that involve any of the following acts or practices or that contain any of the following loan terms:

(1)Fraudulent or deceptive acts or practices, including fraudulent or deceptive marketing and sales efforts to sell high cost loans.

(2)"Loan flipping". "Flipping" a loan means the making of a threshold or high cost loan to a borrower that refinances an existing loan secured by residential property in the city when the new loan does not have a reasonable, tangible net benefit to the borrower considering all of the circumstances, including the terms of both the new and refinanced loans, the cost of the new loan, and the borrower's circumstances. Reduction of monthly payments alone shall not be considered a tangible net benefit to the borrower.

(3)"Balloon payments". A loan that contains a scheduled payment that is more than twice as large as the average of earlier scheduled payments or which contains a provision that gives the lender, in its sole discretion, the right to accelerate the indebtedness in the absence of the default of the borrower.

(4)"Negative amortization". A loan that contains a payment schedule with regular periodic payments that causes the principal balance to increase.

(5)"Points and fees." The direct or indirect financing of the following:

a.Any prepayment fees or penalties payable by the borrower in a refinancing transaction if the lender or an affiliate of the lender is the noteholder of the note being refinanced;

b.Any points and fees; or

c.Any other charges payable to third parties.

(6)"Increased interest rate". A loan that contains a provision that increases the interest rate after the occurrence of a default. Interest rate increases do not constitute a predatory loan practice in a variable rate loan where the increase is otherwise consistent with the provisions of the loan documents, provided that the event of default or the acceleration of the indebtedness does not trigger the change in the interest rate.

(7)"Advance payments". A loan which includes terms under which more than two periodic payments required under the loan are consolidated and paid in advance from the loan proceeds provided to the borrower other than a loan issued by or guaranteed by city agencies, city-related agencies, or another state or federal government agency.

(8)"Modification or deferral fees". Aloan which includes terms under which the lender may charge a borrower any fees or other charges to modify, renew, extend, or amend a loan product or to defer any payment due under the terms of a loan product.

(9)"Mandatory arbitration". A loan that contains a mandatory arbitration clause that limits in any way the right of the borrower to seek relief through a court of law or equity.

(10)"Prepayment penalties". The lender has charged or contracted to charge any prepayment fee or penalty for the voluntary or involuntary prepayment of the home loan, or the lender has charged or contracted to charge any fee for informing any person of the balance due to pay off the home loan.

(11)"Financing of credit insurance". The lender has financed, directly or indirectly, premiums or other charges for any credit life, credit disability, credit unemployment insurance, accident, health, or loss-of-income insurance or any other line or subline of insurance which may become accepted as a credit insurance by the insurance and lending industries or for any debt cancellation or suspension agreements or contracts (whether or not the debt cancellation or suspension agreement coverage is insurance under applicable law), or similar products. Insurance premiums calculated and paid on a monthly basis shall not be considered financed by the lender; provided, however, that in no event shall the amount of coverage for any home loan exceed the amount necessary to satisfy the borrower's obligation on any given date during the life of such home loan.

(12)"Lending without home loan counseling" means making, issuing, or arranging a threshold or high-cost loan without first receiving notice from a counselor approved by the United States Department of Housing and Urban Development that the borrower has received counseling on the advisability of the loan transaction and the appropriateness of the loan for the borrower based upon the information provided by borrower and lender to the counselor at the time counseling is provided to the borrower.

(13)"Lending without due regard to repayment" means that the lender does not reasonably believe at the time the loan is consummated that the borrower or borrowers who reside in the home (when considered individually or collectively) will be able to make the scheduled payments to repay the obligation based upon consideration of their current and expected income, current obligations, employment status, and other financial resources (other than the borrower's equity in the dwelling which secures repayment of the loan). A lender who follows the debt-to-income ratio listed in 38 C.F.R. Section 36.4337(c)(1) and as defined in 38 C.F.R. Section 36.4337(d), and follows the residual income guidelines established in 38 C.F.R. Section 36.4337(e) and VA-Form 26-6393 shall benefit from a rebuttable presumption that the lender made the loan with due regard to repayment ability.

(14)"Encouraging default." The lender recommends or encourages default on an existing loan or other debt prior to and in connection with the closing or planned closing of a loan that refinances all or any portion of such existing loan or debt.

(15)"Late fees." The lender charges late fees for the late payment of an installment due on a home loan, unless:

a.The fee does not exceed five percent of the past due installment;

b.The fee is not charged more than once as a result of a single late payment; and

c.The borrower has agreed to the imposition of the late fees in the home loan contract.

(16)Charging of points, fees or other charges in connection with a high-cost home loan if the proceeds of the high cost home loan are used to refinance an existing highcost home loan held by the same lender or an affiliate of the lender.

(17)Refinancing of a special mortgage originated, subsidized or guaranteed by or through a state, tribal or local government, or nonprofit organization, which bears either a below-market interest rate, or has nonstandard payment terms beneficial to the borrower, such as payments that vary with income, are limited to a percentage of income, or where no payments are required under specified conditions, and where, as a result of the refinancing, the borrower will lose one or more of the benefits of the special mortgage.

Threshold loan means a loan that is secured by residential real property located within the city on which there is situated a dwelling for not more than four families or a condominium unit, or is secured by a cooperative unit within the city, if the annual percentage rate of the loan equals or exceeds by at least four percentage points but less than five percentage points the weekly average yield on United States Treasury securities with a comparable duration to the term of the loan, as of the week immediately preceding the week in which the interest rate for the loan is established, subject to the following conditions:

(1)If the terms of the loan offer any initial or introductory period, and the annual percentage rate is less than that which will apply after the end of such initial or introductory period, then the annual percentage rate that shall be taken into account for purposes of this paragraph shall be the rate which applies after the initial or introductory period; and

(2)In the case of an interest rate which varies in accordance with an index, a loan shall be deemed a threshold loan if:

a.Potential or scheduled increases in the interest rate of the loan are not directly tied to future increases and decreases in a widely used federal or private market measurement that reflects the cost of borrowing money, such as the interest rate yield on United States Treasury securities, the federal funds rate, or the prime interest rate; or

b.The margin over such index at any point during the life of the loan exceeds five percentage points.

(Ord. No. 2001-71, § 1, 9-25-01)

Chapters 59—61 RESERVED Chapter 62 COURTS* Article I. In General Sec. 62-1. Bond clerk division; duties and authorities of bond clerk. Secs. 62-2—62-25. Reserved.

Article II. Municipal Court Division 1. Generally Sec. 62-26. Seal. Sec. 62-27. Judges. Sec. 62-27.1. [Number of municipal court judges; effective date.] Sec. 62-28. Solicitor and assistant. Sec. 62-29. Public defender and assistant. Sec. 62-30. Judges, solicitor and public defender pro hac vice. Sec. 62-31. Bail established under certain circumstances. Sec. 62-32. Appointment of judges to sign warrants after normal hours. Sec. 62-33. Court counselor. Sec. 62-34. Clerk. Sec. 62-35. Jurisdiction; imposition of punishment. Sec. 62-36. Indigents. Sec. 62-37. Disposition of fines and forfeitures. Sec. 62-38. Fees for copies of records and certification. Sec. 62-39. Assessment of costs and jail fees against prosecutors in dismissal for want of probable cause. Sec. 62-40. Assessment of additional costs for benefit of peace officers' annuity and benefit fund. Sec. 62-41. Authority to sentence to work on streets or public works, in police station or jail. Sec. 62-42. Sentences for convictions of more than one offense. Sec. 62-43. Collection of fines, cash collateral; reports on disposition of cases. Sec. 62-44. Execution to collect fine. Sec. 62-45. Pretrial release program. Sec. 62-46. Pretrial diversion fee. Sec. 62-47. Authority to sentence to home confinement. Secs,. 62-48- -62-55. Reserved.

Sec. 62-56. Sec. 62-57. Sec. 62-58.

Sec. 62-59.

See. 62-60. Sec. 62-61. See. 62-62. Sec. 62-63. Sec. 62-64.

Division 2. Court Procedures Rules of practice. Correct docketing required. Trying person under fictitious name; accepting plea of guilty in the accused's absence. Stenographic report of testimony required for trial of member of department of police. Issuance of summons. Issuance of warrants upon complaint. Service of summons by revenue collection administrator. Failing to appear to answer summons. Rights of accused.

*Cross references—Bonding agents, § 30-551 et seq.; law enforcement, ch. 98. Related laws references—Courts generally, ch. 4; city court, § 4-36 et seq.

Sec. 62-65. Issuance of subpoenas. Sec. 62-66. Witness failing or refusing to obey subpoena. Sec. 62-67. Interference with witnesses. Sec. 62-68. Continuances generally. Sec. 62-69. Motions for continuances. Sec. 62-70. Procedure where evidence indicates person other than defendant has violated ordinance. Sec. 62-71. Contempt. Secs., 62-72- -62-80. Reserved.

Division 3. Bail and Other Bonds Sec. 62-81. Authority to take and accept bond. Sec. 62-82. Appointment of bond hearing judge. Sec. 62-83. Bond signed by surety through agent acting under power of attorney. Sec. 62-84. Imprisonment or detention in default of bond. Sec. 62-85. Forfeiture of bond for failure to appear. Sec. 62-86. Bond forfeiture order to show cause. Sec. 62-87. Judgment on bond, issuance and collection of executions; effect of noncompliance. Sec. 62-88. Discharge of surety by surrender of principal; notice of surrender. Sec. 62-89. Effect of original bond upon subsequent arrest on different offense. Secs. 62-90—62-100. Reserved.

Division 4. Probation Sec. 62-101. Officers and employees of probation office. Sec. 62-102. Continuation of case; defendant's failure to appear. Sec. 62-103. Additional continuances. Sec. 62-104. Investigations; rules for defendants; records. Secs. 62-105—62-125. Reserved.

Article III. City Court Division 1. Generally secanal Sec. 62-126. Seal of court. Sec. 62-127. Judges pro hac vice. Sec. 62-128. Payment for attendance at court during off hours. Secs. 62-129—62-140. Reserved.

Division 2. Violations Bureau Sec. 62-141. Created. Sec. 62-142. Purpose. Sec. 62-143. Clerk. Sec. 62-144. Limitation of jurisdiction for accident or driving under the influence of intoxicants.

ARTICLE I. IN GENERAL