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The Municipal Judge shall have all judicial powers relating to the operation of his or her court, subject to any rules of procedure governing the operation and conduct of municipal courts promulgated by the state’s Supreme Court. The Municipal Judge also has authority to issue local rules of procedure consistent with any rules of procedure adopted by the state’s Supreme Court.
(Prior Code, § 141.5) (Ord. 375, passed 3-3-1994; Ord. 577, passed 11-6-2014)
(A) Any action or summons brought in the Municipal Court to recover any fine or enforce any penalty or forfeiture under any town ordinance or the town code shall be filed in the corporate name of the town by and on behalf of the people of the state.
(B) Any process issued from the Municipal Court runs in the corporate name of the town by and on behalf of the people of the state. Processes from the Municipal Court shall be executed by any authorized law enforcement officer from the town.
(C) Any authorized law enforcement officer may execute within his or her jurisdiction any summons, process, writ or warrant issued by the Municipal Court. For the purposes of this section, traffic offenses shall not be considered criminal or quasi-criminal offenses.
(D) The Clerk of the Municipal Court shall issue a subpoena for the appearance of any witness in Municipal Court upon the request of either the town or the defendant. The subpoena may be served upon any person within the jurisdiction of the Court in the manner prescribed by the rules of procedure applicable to municipal courts. Any person subpoenaed to appear as a witness in Municipal Court shall be paid a witness fee in the amount of $5.
(E) Upon the request of the Municipal Court, the town or the defendant, the Clerk of the Municipal Court shall issue a subpoena for the appearance, at any and all stages of the Court’s proceedings, of the parent, guardian or lawful custodian of any child under 18 years of age who is charged with a municipal offense.
(Prior Code, § 141.6) (Ord. 375, passed 3-3-1994; Ord. 577, passed 11-6-2014)
(A) Any person convicted of violating a municipal code and/or ordinance may be fined an amount not to exceed $500 per occurrence. In that the town has decriminalized those traffic offenses as set forth in Chapter 70 of this code of ordinances, any person charged with violating the code or any ordinance therein shall not be entitled to a trial by jury, but shall be entitled to the following rights:
(1) To appear and defend in person and by counsel;
(2) To demand the nature and cause of the accusation;
(3) To meet the witnesses against him or her face to face;
(4) To have process to compel the attendance of witnesses in his or her behalf;
(5) A speedy public trial to the Municipal Judge; and
(6) No person shall be compelled to testify against himself or herself, nor shall any person be twice put in jeopardy for the same offense.
(B) (1) Sentencing or fines under Model Traffic Code and/or Chapter 70 of this code of ordinances. In sentencing or fining a violator who has been convicted of committing a traffic offense as defined by the Model Traffic Code as adopted by the town or Chapter 70 of this code of ordinances, the fine shall be the same as and shall not exceed such fine as imposed by the state, effective 10-1-2008, for similar traffic offenses or infractions committed on a state highway or road. A schedule of fines shall be posted in the vicinity of where the violator is to pay his or her fine setting forth the maximum fine for each offense. This provision does not impede the Municipal Court Judge’s discretion as to the suspension of fines for circumstances deemed relevant by the Judge. Further, any change or amendment of the state fines for traffic offenses, as such schedule exists on 10-1-2008, shall not result in a similar change in the fines imposed by the town’s Municipal Court without a corresponding resolution, code or ordinance approved by the Board.
(2) Sentencing or fines under other code violations. In sentencing or fining a violator who has been convicted of committing any offense not addressed in division (B)(1) above, the Municipal Judge shall not exceed the sentence or fine limitations established by code. The Municipal Judge may suspend the sentence or fine of any violator and place him or her on probation for a period not to exceed one year.
(C) The Municipal Judge is empowered in his or her discretion to assess costs against any defendant who pleads guilty or nolo contendere or who enters into a plea agreement or who, after trial, is found guilty of an ordinance violation. The Municipal Judge shall, in all such cases, assess costs of no less than $100.
(D) All fines and costs collected or received by the Municipal Court shall be reported and paid monthly to the Treasurer of the town and deposited in the General Fund of the town.
(Prior Code, § 141.7) (Ord. 375, passed 3-3-1994; Ord. 525, passed 10-2-2008; Ord. 577, passed 11-6-2014)
(A) Appeals taken from judgments of the Municipal Court shall be made to the District Court of the county. The practice and procedure in such case shall be the same as provided by C.R.S. § 13-6-310 and applicable rules of procedure for the appeal of misdemeanor convictions from the County Court to the District Court.
(B) All appeal costs, procedures and bond requirements shall be the same as set forth in C.R.S. §§ 13-10-117, 13-10-118, 13-10-119, 13-10-120, 13-10-121, 13-10-122, 13-10-123 and 13-10-124, as such statutes apply to municipal courts of record.
(Prior Code, § 141.8) (Ord. 375, passed 3-3-1994; Ord. 577, passed 11-6-2014)