HomeMy WebLinkAboutOrdinance-1993-0918
INTRODUCED BY COUNCILMEMBER
COUNCIL BILL NO.
Ordinance No.
Series of
DAVIS
1
918
1993
TITLE:
AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE BY CREATING THE WHEAT RIDGE MUNICIPAL COURT
FUND, WHICH SHALL PROVIDE VICTIM AND WITNESS ASSISTANCE
PROGRAMS WITHIN THE CITY OF WHEAT RIDGE, AND PROVIDING
FOR THE ASSESSMENT OF COURT COSTS AND SURCHARGES AS THE
SOURCE OF FUNDS FOR SAID FUND.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Chapter 14, Municipal Court, of the Code of Laws
of the city of Wheat Ridge is hereby amended by adding the
fOllowing section 14-14 "Wheat Ridge Municipal Court Fund" as
follows:
Section 14-14. Wheat Ridge Municipal Court Fund.
(a) There is hereby established within the city of
Wheat Ridge a special fund to be known as the Wheat Ridge
Municipal Court Fund. The proceeds of said Fund shall
be used for the provision of services and programs to be
made available to victims and witnesses of crimes which
have occurred within the City, and to provide assistance,
service, and information, prior to, during, and after the
prosecution of such crimes to all victims thereof and
witnesses thereto. The City Council specifically finds
that the creation of said Fund, and the collection and
disbursement of funds thereunder, is within the City's
powers granted by Article XX, section 6(c) and (h) of the
Constitution of the State of Colorado.
(b) As the means of funding said Wheat Ridge
Municipal Court Fund, there is hereby authorized to be
assessed as court costs and surcharges the following:
(1) An additional five dollars ($5.00) in
court costs shall be assessed on every case appearing
before the Court on or after February 1, 1993, in which
a plea of guilty or nolo contendere is entered, or upon
which a conviction is obtained, or upon which a deferred
judgment or a deferred sentence is imposed;
(2) An additional fifty dollars ($50.00) in
court costs shall be assessed on each domestic violence
case appearing before the Court on or after February 1,
1993, in which a plea of guilty or nolo contendere shall
be entered, or upon which a conviction shall be obtained,
or upon which a deferred judgment or a deferred sentence
shall be imposed;
(3) The court costs identified in this section
shall be paid to the Clerk of the Court, who shall
deposit the same in the Wheat Ridge Municipal Court Fund
as established by this ordinance.
(c) The court costs and surcharges imposed by this
Section 14-14 shall be mandatory and shall be in addition
to any other surcharge, fine, or cost imposed either by
the Code of Laws of the city of Wheat Ridge or by the
Municipal Court, except, that the Court shall have the
authority to waive or suspend the court costs imposed by
this Section 14-14 only upon a determination by the Court
that the defendant upon whom said charges are imposed is
indigent.
(d) All funds collected as a result of the
imposition of the court costs established by this
ordinance shall be specifically earmarked for the Wheat
Ridge Municipal Court Fund and shall be expended solely
for the programs authorized by the Municipal Court which
provide victim and witness assistance relating to crimes
which occur within the City of Wheat Ridge. The city
Council shall, for as long as this ordinance is in
effect, designate a line item in the City's budget for
the Wheat Ridge Municipal Court Fund. The City council
retains its sole authority to appropriate additional
monies into said Fund, over and above those amounts which
are collected pursuant to the provisions of this
section 14-14. Council shall be provided an annual
accounting for the expenditures of the Fund.
section 2. 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 3. 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, and
that this ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare.
2
The City Council further determines that the ordinance bears a
rational relation to the property legislative object sought to be
attained.
Section 4. This ordinance shall become effective one day
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 1 on this 11th day of January , 1993,
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 Monday, February 8 , 1993, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ,
reading by
February
ADOPTED,
a vote of
AND ORDERED
7 to
1993.
PUBLISHED
1 this
on second and
8th day of
final
SIGNED by the Mayor on this
1993.
9th
day of
February
"j I I
/), L-' ~ I, Lc ~ K'I' Iy
Ray J. w~ tier, Jr), iJ6.yor
ATTEST:
APPROVED AS TO FORM BY
OFFI/O~-o" ~ITY ~T" LEY
( 1/(' .c:-, ~
I: (""
John E. Hayes;/c.:i,i; Attorney
'/
1st Publication: January 21, 1993
2nd Publication: February 16, 1993
Wheat Ridge Sentinel:
Effective Date: February 17,1993
3