HomeMy WebLinkAboutOrdinance 0439
/,)
i
"
ORDINANCE NO. 439
AN ORDINANCE GOVERNING AND REGULATING THE BAIL BONDSMEN,
DEFINING THE BUSINESS OF BAIL BONDING; DECLARING IT A
MISDEMEANOR TO SOLICIT BAIL BOND BUSINESS WITHIN THREE
HUNDRED FEET OF ANY PUBLIC BUILDING; DECLARING IT A
MISDEMEANOR FOR A BAILBONDSMAN TO GIVE ANY FORM OF
BENEFIT TO A POLICE OR MUNICIPAL COURT OFFICIAL, AND
FOR A BAILBONDSMAN TO CHARGE MORE THAN 10 % OF THE BOND
WITH A MINIMUM CHARGE OF $25.00; PROHIBITING BONDSMEN
TO POST BONDS WHO ARE DELINQUENT IN ANY COURT IN THE
COUNTY; REQUIRING BONDSMEN TO FILE APPROPRIATE AFFIDAVITS
OF COMPLIANCE; AND PROVIDING FOR PUBLICATION AND AN
EFFECTIVE DATE. AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
1
"Bail Bondsmen" as that term is used herein is defined as any
person that is engaged in the business for profit or benefit of securing
the release of any individual charged with a crime by the posting of a
bond within the corporate limits of the City of North Richland Hills, Texas.
Attorneys licensed to practice law in the State of Texas are specifically
excl uded from the scope of the defi ni ti on as JlBail BondsmenJl.
2
No Bail Bondsman may write bonds in the City of North Richland
Hills if they are delinquent on any bond list in any federal, state, county
or municipal court in Tarrant County. Designated as being delinquent by
the Judge of any such court shall be prima facie evidence of such delinquency,
but may be rebutted by proof, before the municipal court Judge of the City
of North Richland Hills, after notice to the court where such person is
designated delinquent.
3
Bail Bondsmen are probibited from engaging in the following
acti vi ti es :
(a) Solicitation of any bail bond business within
three hundred (300) feet of any municipal building.
(b) The representation to any individual that any
persons, firm or corporation other than a duly
licensed and practicing attorney can represent a
defendant charged with any crime.
(c) To operate or practice as a middle man or broker
between any defendant charged with a crime and
any duly licensed and practicing attorney.
(d) To give any form of benefit or to offer to give
any form of benefit to any person employed by
the North Richland Hills Police Department or
municipal court system.
(e) Charging or receiving a sum or benefit in excess
of 10% of the bail bond set or $25.00 whichever
sum is greater.
4
All Bail Bondsmen shall sign an affidavit upon securing the
release of charged defendant, per attached exhibit stating they have
complied with the provisions of this ordinance, specifying the exact charge
and benefit they are receiving or going to receive in the future. A copy
of this affidavit shall be provided to the charged defendant.
5
Should any section, clause or provlslons of this ordinance be
declared by a court of competent jurisdiction to be invalid, the same shall
not affect the validity of this ordinance as a whole or any part thereof,
other than the part so declared to be invalid.
6
Any person that violates, disobeys, neglects or refuses to comply
with any of the provisions of this ordinance shall be fined not less than
Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00) for each
offense. Each day that violation is permitted to exist shall constitute
a separate offense and shall be punishable as such.
7
The City Attorney shall have full right and authority to seek
injunctive relief should a Bail Bondsman practice activities declared
ill ega 1 herei n.
8
This ordinance shall become effective upon its passage and
publication as required by law.
EXHIBIT
AFFIDAVIT OF BAIL BONDSMAN
STATE OF TEXAS
COUNTY OF TARRANT
I, the undersigned Bail Bondsman hereby swear or affirm that
the following information is true, correct, and complete, to the best of
my knowledge:
I. BAIL BONDSMAN
1. Name
2. Address
3. Phone Number
II. DEFENDANT
1. Name
2. Address
3. Phone Number
4. Employer
5. Address of Employer
II 1. OFFENSE
1. Violation Charged
2. Citation Number
3. Date of Offense
4. Date of Release
5. Amount of Bond
6. Bond Premium Charged $
7. Bond Premium Received $
8. Bond Premium to be Received $
I further swear or affirm that I have complied with the Ordinance of the
City of North Richland Hills, Texas, regulating Bail Bondsmen and that I
have not and will not charge in excess of 10% of the above stated amount
of bond or $25.00, whichever sum is greater, and that I have provided a
copy of this affidavit, completed, to the charged defendant.
Signed and sworn to this
day of
, 1972.
BAIL BONDSMAN
WITNESS:
POLICE OFFICER
CITY OF NORTH RICHLAND HILLS, TEXAS
PASSED AND ADOPTED thi s 27 day of November , 1972.
with the emergency clause added. ----
-~~ '~~
MA¿I{~OÀYOR ' ~ ___
CITY OF NORTH RICHLAND HILLS, TEXAS ~
ATTEST:
DONNA ~Q~ s~
CITY OF NORTH RICHLAND HILLS, TEXAS
APPROVED:
~-~ .~
v_, -
R N, C NEY
CITY OF NORTH RICHLAND HILLS, TEXAS
,
,I
LEGAL AFFIDAVIT
THE STATE OF TEXAS:
COUNTY OF T Þ1Œ ANT:
Before me, the undersigned authority on this day personally
appeare&':;le anor Lewis known to me to be a credible person. who
first being sworn, deposed and upon her oath said:
Bookkeeper Mid Cities Daily News
That she is the of the , a newspaper
which has been regularly and continuously published and of general
circulati01l in the City/Town of
Hurst
, for a period of
more than one year next preceding the ,first publication of the
attached Legal Notjce
and that he caused said notice to be
published in said newspaper on the following date/so 11/29/72
That the attached is a true and correct copy of said notice as pub-
lished on said date/s in said
Jlijid Citj,es Daily News
t~~~,
Sworn to and subscribed before me, this the..4tJ;¡.day of~,
197L
i
.. PUIH1·~72
Form -- 110