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
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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
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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 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
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