The next step in growth

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Photo by Erica Techo.

Photo by Erica Techo.

Whether it’s a barking dog, overgrown grass or noise violations, the city of Chelsea has had a hard time enforcing its municipal ordinances. But officials hope to change that by establishing a municipal court.

While the city has had municipal ordinances on the books for most of its history, they have been nearly unenforceable, Mayor Tony Picklesimer said. 

“The problem has been a municipal ordinance violation is such a low priority, they never actually make it to court at the Shelby County District Court level,” Picklesimer said. “So, in turn, the deputies are reluctant to write those violations because nothing happens. There’s no teeth to them.”

In 2004, legislation was passed allowing sheriff’s deputies to enforce municipal ordinances in the cities where their services are contracted, Chelsea Councilman Cody Sumners said. 

“The law was set up originally with the intention of Chelsea setting up a municipal court,” Sumners said. “But that just didn’t happen.”

Even with that legislation, Shelby County Sheriff’s deputies who patrol the city of Chelsea, per a contract with the Shelby County Sheriff’s Office, might be reluctant to issue citations on municipal violations because there was not a history of enforcement backing those citations, Picklesimer said. 

The municipal court in Chelsea will hear cases on city ordinance violations, misdemeanor traffic violations, traffic citations and misdemeanor crime. Felony offenses will still go to the district court.

“My goal of having a municipal court is establishing some sovereignty over our city,” Picklesimer said, adding that as a 20-year-old city, it’s time for the city to have the ability to enforce ordinances. “This will also open us up for a code enforcement officer. We’ll be able to enforce our fire codes and other local codes that will actually have some teeth to them now. We’re creating jurisdiction over our city.”

The Chelsea City Council introduced an ordinance to establish a municipal court during its March 21 meeting and voted to approve the ordinance April 4. The ordinance was just step one, Picklesimer said, and now it’s time to get the ball rolling.

“Step two would be to swear in a judge, to establish who they would be and swear them in,” Picklesimer said. “Step three is to establish and swear in a magistrate.”

The city will also have to hire an administrator of the court and public defender.

Finding individuals with experience and who understand the values of the city has been a high priority, Picklesimer said, but it also has been something that slowed the process of establishing a court.

“Getting the municipal court underway was in my first 100-day promise and plan during my campaign,” he said, “and what I found when I actually started to try and put it together is getting the right team in place was much more important than how long it took.”

If everything goes according to plan, Picklesimer said, the court should cost the city just under $50,000 annually. It will be revenue-neutral, he said, meaning fines from ordinances won’t make the city any extra money.

“This has never been about revenue to me. It’s about sovereignty,” he said. “It’s about our deputies having the support they need and deserve to know if they see a violation, they cite the violation, and somebody is going to be adjudicating it.”

Any cases that go before the judge would do so in the existing council chambers, meaning the city will not have to build a new building. The front room of Chelsea City Hall, which houses the city museum, will have “light renovations,” Picklesimer said, and be converted into a Magistrate’s Office. There are plans to move the museum to the Crane House, where Chelsea Public Library is now, after the library moves to its new building.

When a municipal court was discussed during elections, Picklesimer cited two main concerns: if the city could afford a court and if the city really needed a court. To Sumners, the ability to enforce ordinances is worth the cost.

“Everything has a cost,” he said. “This is just the next step in us growing as a city.”

Residents will also benefit from code enforcement. Sumners said he believes there will be a positive effect on property values. If a neighbor has an unkempt yard with debris sitting around, that would negatively affect property values. Being able to enforce the codes against such eyesores, however, would help the neighbors of that property.

“If we can keep the city clean and nice by enforcing these municipal ordinances, that will help,” Sumners said. “Property value and just quality of life in general will improve.”

The court will hear cases one day out of the month, likely every second Thursday, Picklesimer said, and individuals will be able to stop by the magistrate’s office to pay their fines during regular business hours. He hopes they will be ready to establish the court in June, but is also unsure of how many cases will actually go before a judge.

“The court will be for contested traffic violations and for misdemeanor violations,” he said. “I’m not sure how busy our municipal court will be. I have other mayors that tell me it will be very busy, but then I have some that tell me, with us being the type of community we are, that it won’t be very busy.”

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