HomeMy WebLinkAboutOrdinance-1986-0705INTRODUCED BY COUNCILMEMBER DAVIS
Ordinance No. 705
Series of 1986
TITLE: AN ORDINANCE RFPEALING AND REENACTING SECTION 2-7
MUNICIPAL JUDGE, AND ENACTING CHAPTER 12A, MUNICIPAL
COURT, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE
RIDGE, COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Section 2-7 Municipal Judge of the Code of Laws
of the City of Wheat Ridge is hereby repealed and reenacted as
follows:
Section 2-7. Municipal Judge. Pursuant to the
provisions of Chapter VIII of the Home Rule Charter of the City
of Wheat Ridge, the Municipal Judge shall have the following
duties:
a. He shall be the presiding judge in the municipal court.
b. He shall formulate and amend local rules of court with
the approval of the Colorado Supreme Court.
C. He shall supervise court personnel.
d. He shall submit a yearly budget request to the Council
for the proper functioning of the court.
In addition to the above enumerated duties, the municipal
judge shall perform the duties specified in Chapter 12A of this
code of Laws.
Section 2. The Code of Laws of the City of Wheat Ridge is
hereby amended by adding thereto the following Chapter 12A,
Municipal Court.
CREATION, COMPOSITION, AND JURISDICTION
12A-1 Municipal Court Created.
A Municipal Court in and for the City of Wheat Ridge is
hereby created and established, pursuant to the provisions of
Article XX, Section 6(b) and (c) of the Constitution of the State
of Colorado, and Chapter VIII, Sections 8.2., 8.3 and 8.4 of the
Home Rule Charter of the City of Wheat Ridge, Colorado.
12A-2 Court of Record.
The Municipal Court shall be a court of record, and
the presiding Municipal Judge shall provide for the keeping of a
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verbatim record of the proceedings and evidence at trials by
either an electronic device or stenographic means.
12A-3 Jurisdiction and Powers of the Court.
The Municipal Court shall have such legal and equitable
powers to effectuate its jurisdiction and carry out its orders,
judgments, and decrees as are provided for by the City Charter,
State Constitution, State statutes, and ordinances of this City.
12A-4 Appeals.
Appeals from the Municipal Court shall be in accordance with
the practice and procedure provided by Sections 13-10-116 through
13-10-125, C.R.S., and applicable Supreme Court Rules of
Procedure, as may be amended.
12A-5 Municipal Judges, Appointment, Salary.
Pursuant to the provisions of Section 8.2 of the Home Rule
Charter of the City of Wheat Ridge, the Municipal Court shall be
presided over by a presiding Municipal Judge and such Associate
Judges as may be necessary, with the Presiding Judge and the
associate municipal judge appointed by the City Council pursuant
to the terms and subject to the provisions of Section 8.3 of the
Home Rule Charter of the City of Wheat Ridge. During the term of
the Presiding and Associate Judge, said Judges shall be paid a
salary as fixed by the City Council, which salary may not be
diminished during the term of office of the Presiding and
Associate Judge.
12A-6 Substitute Municipal Judge.
If a Municipal Judge is absent or unable to act in any
manner or case, the Mayor shall call any eligible person to act
and serve temporarily, and if he fails to, or cannot call in a
substitute, the Council shall appoint a substitute.
12A-7 Qualifications, Oath.
(A) Any person appointed to the office of Municipal Judge
or Associate Municipal Judge shall be a member in good
standing of the Bar of the State of Colorado, and shall
have a minimum of five years on the bench or in the
active practice of law in the State of Colorado
immediately prior to appointment of office.
(B) Before entering upon the duties of his office, a
Municipal Judge shall make an oath or affirmation that
he will support the Constitution of the United States
and the Constitution of the State of Colorado and the
laws and ordinances of the City of Wheat Ridge, and
will faithfully perform the duties of his office.
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12A-8 Presiding Judge's Powers.
(A) The presiding municipal Judge shall have full power and
authority to make and adopt rules and regulations for
conducting the business of the Municipal Court. Such
rules and regulations shall be consistent with the
Colorado Municipal Court Rules of Procedure, and shall
be reduced to writing.
(B) The presiding Municipal Judge shall have authority with
the advice and consent of the City Council, to appoint
Referees as necessary to conduct Court business.
12A-9 Sessions of Court.
There shall be regular sessions of the Court for the trial
of cases, and the duly-appointed judges of the Municipal Court
shall hear and determine complaints for the violation of any City
ordinance; provided, however, the presiding judge may authorize
special sessions of the Court at any time, including Sundays,
holidays and at nighttime, if, in the discretion of the presiding
judge, such special sessions are deemed advisable.
12A-10 Appointment of Referee.
The presiding Judge of the Municipal Court of the City of
Wheat Ridge, with the advice and consent of the City Council,
shall appoint one or more Referees to serve at the pleasure of
the Court, who may conduct hearings concerning the following
matters and functions relating to violations of municipal
ordinances:
(A) Violations of the Model Traffic Code adopted by the
City pursuant to Chapter 12 of the Code of Laws of the
City of Wheat Ridge for which no points are assessed;
(B) Parking tickets;
(C) Violations of the provisions of Chapter 4 of this Code
of Laws except for violations of Section 4-9.1 thereof;
and
(D) Violations of the provisions of Chapter 15 of the Code
of Laws of the City of Wheat Ridge.
12A-11 Referee Authority and Procedure - Duties.
(A) Referees shall conduct hearings for those violations
specified in Section 12A-10 hereof in the manner
provided by the Local Rules of Municipal Court
Procedure, which shall be established by the presiding
Judge. Referees conducting hearings for such
violations shall have authority to administer oaths and
affirmations, rule on offers of proof and receive
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evidence. Strict rules of evidence and procedures
shall not apply in said hearings. All proceedings may
be maintained by electronic device or stenographic
means.
(B) Election to Appear Before Judge: The Referee shall
inform all persons appearing before the Court that they
have the right to a hearing or arraignment before the
Municipal Court Judge in the first instance, and that
they may execute a written waiver of that right, but
that by waiving that right they are bound by the
findings, judgments, and orders of the Referee. Upon
request, or in the event such waiver is not executed,
the Referee shall set the matter down for hearing
before a Municipal Court Judge.
(C) Findings Shall Be Binding: All findings, orders,
judgments, and decrees made by the Referee under this
Section shall be binding, and have the same effect as
if done before the Municipal Judge, and shall become
the final decree of the Municipal Court unless a
written request for review is filed in the manner
provided in subsection 12A-11(F) herein.
(D) Trial de Novo: At the conclusion of a hearing,
the Referee shall advise the parties orally and in
writing of their rights to a trial de novo under
subsection 12A-11(E).
(E) Request for Trial de Novo: A request for trial de novo
before the Municipal Judge shall be filed on forms
provided by the City within ten (10) days after the
conclusion of the hearing before any Referee. If
review is not requested within ten (10) days, all
findings, orders, judgments, and decree made by the
Referee under this Section shall become final.
12A-12. Reduction or Dismissal of Violation.
Referees may reduce or dismiss violations brought before
them if it appears that the City could not obtain a conviction at
a trial on the merits of the case, or the interest of justice are
served by reducing or dismissing the violation.
Section 3. Severability. If any clause, sentence,
paragraph, or part of this ordinance or the application thereof
to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 4. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
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and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 5. This ordinance shall become effective January 1,
1987.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 1 on this 24th day of November , 1986,
ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge and Public Hearing and consideration
on final passage set for December 8 , 1986, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 6 to 2 this 8th day of December
, 1986.
SIGNED by the Mayor on this 9th day of December
1986.
Frank Stites, Mayor
ATTEST:
Wanda Sang, City Clerk
1st Publication: 11/27/86 APPROVED AS TO FORM BY
2nd Publication: 12/11/86 OFFIC ` !P;'C Y:
Wheat Ridge Sentinel:
Effective Date: Jan. 1, 1987
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