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HomeMy WebLinkAboutOrdinance-2003-1287 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER C;rl-nwirlpr Council Bill No _13_' 2003 Ordinance No, lZg7 Series of 2003 TITLE AN ORDINANCE CREATING THE OFFICE OF MUNICIPAL COURT MARSHAL. WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"), and WHEREAS, pursuant to section 1 3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado, including the power to create and manage a municipal court; and WHEREAS, pursuant to this authority and Chapter VIII of the Charter, the City Council created the Wheat Ridge Municipal Court ("Municipal Court") and codified the rules pertaining thereto as Chapter 14 of the Code of Laws of the City of Wheat Ridge (the "Code of Laws"); and WHEREAS, the City Council finds and determines that the creation of an office of municipal court marshal to assist the City municipal court judges and municipal court administrator in the management and operation of the municipal court would benefit the public health, safety and welfare, and WHEREAS, the City Council desires to create such an office and set forth its duties in Chapter 14 of the Code of Laws NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1. Chapter 14 of the Code of Laws is amended by the addition of a new Section 14-15, to read in its entirety as follows Sec. 14-15. Office of Municipal Court Marshal. There is hereby created within the municipal court the Municipal Court Marshal's Office All municipal court marshals shall be appointed by the presiding judge of the municipal court, in such number as the presiding municipal judge may deem necessary for the efficient operation of the office Municipal court marshals shall be managed and supervised by the municipal court administrator and municipal court judges Marshals are not sworn police officers of the city and shall not be entitled to any of the CNB\53027\435524 02 retirement, pension, disability or other benefits to which sworn police officers are entitled Section 2. Chapter 14 of the Code of Laws is amended by the addition of a new Section 14-16, to read in its entirety as follows Section 14-16. Court Marshals - Authority. (a) All marshals in the Municipal Court Marshal's Office shall be responsible for and are authorized to perform the following functions and duties (1) To provide security for and keep the peace within the Wheat Ridge City Hall, 7500 West 291h Avenue, Wheat Ridge, Colorado, 80033, its grounds and parking areas, (2) To serve and execute, within the city, search warrants, subpoenas, summonses, show cause orders, and all other legal process issued by the municipal court; (3) To serve and execute arrest warrants issued by the municipal court, only under the command and direct supervision of a peace officer, as that term is defined by C R.S ~ 16-2 5-101, as existing or as hereafter amended, (4) To conduct investigative work relative to locating individuals named in legal process issued by the municipal court; (5) To transport, detain, and maintain control over city prisoners en route to and from municipal court and the lawful place of detention for such prisoners, (6) To cooperate with and, upon request, assist the Wheat Ridge Police Department within the city; and (7) To perform such other duties as authorized by law and assigned from time to time by the municipal court administrator or municipal judges (b) Notwithstanding the foregoing, marshals shall have the authority to take enforcement action while on-duty within the city, when a felony or misdemeanor has been or is being committed in their presence The Wheat Ridge Police Department shall be immediately notified of any such enforcement action or arrest and any person arrested shall be released to the custody of the police department as soon as practical 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 CNB\53027\435524 02 2 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 4. Severability: ConflictinQ Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed Section 5. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to L on this 1 [,t-n day of Apd 1 , 2003, 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 May 12 , 2003, at 7'00 o'clock pm, 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 8 to 0 , this ~1day of May , 2003 SIGNED by the Mayor on this 13th day of May , 2003 ~ ATT~ST ~~ /IL/[,f - ?Z-;r'c Wanda Sang, City Clerk':::' ~~&~ Gerald E Dahl, City Attorney First Publication April 17, 2003 Second Publication, M",y 1 ~, ?O()'1 Wheat Ridge Transcript: Effective Date Nay 30, 2003 CNB\53027\435524 02 3