HomeMy WebLinkAboutOrdinance 2008-1406
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER T.TnMRT."
Council Bill 27
Ordinance No. 140fi
Series of 2007
TITLE: AN ORDINANCE AMENDING SECTIONS 14-15 AND 14-16 OF
THE WHEAT RIDGE CODE OF LAWS CONCERNING 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") 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 Council has created the position of municipal court marshal in
Sections 14-15 and 14-16 of the Code of Laws which position operates under the
supervision of the municipal court judges and municipal court administrator;
WHEREAS, section 16-2.5-145 of the Colorado Revised Statutes designates
municipal court marshals as "peace officers" with limited authority to execute arrest
warrants; execute search warrants; provide security for the municipal court; serve
process issued by the municipal court; and transport, detain and maintain control over
prisoners so long as the office of municipal court marshal is designated as a "peace
officer" by the municipality and the municipal court marshal receives with Peace Officer
Standards and Training ("POST") board certification; and
WHEREAS, the City Council finds that amending Code Sections 14-15 and 14-
16 to be consistent with state law will provide for a more efficient and effective operation
of the Municipal Court.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Chapter 14 Section 14-15 of the Code of Laws is to read as follows:
Sec. 14-15. Office of municipal court marshal.
(a) 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
retirement, pension, disability or other benefits to which sworn police
officers are entitled.
(b) PURSUANT TO C.R.S. S 16-2.5-145, ALL MUNICIPAL COURT
MARSHALS MUST BE CERTIFIED BY THE STATE PEACE OFFICER
STANDARDS AND TRAINING BOARD.
(c) PURSUANT TO THE PROVISIONS OF C.R.S. S 16-2.5-145 AND
THE COLORADO MUNICIPAL COURT RULES, THE MUNICIPAL
COURT MARSHALS ARE HEREBY DESIGNATED AS PEACE
OFFICERS.
Section 2. Chapter 14, subsection 14-16(a) of the Code of Laws is amended
to read 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 29th Avenue, Wheat Ridge, Colorado, 80033,
its grounds and parking areas;
(2) To serve and execute, within the city, ARREST WARRANTS,
search warrants, subpoenas, summonses, show cause orders, and
all other legal process issued by the municipal court;
C.l) ::J serve and exem.:t:: ::~~:Jst war~::~t: ::::l:Jd by the municipal
court, only under the O::~T.2~::t and direct supervision of a peace
efflY.Y., 23 ~-Aat-ta~~ ': ::tefined by ':.R.~. ~ 1~ 2.a 1~1, Y.: :::xisting
()~ Y.: ~3fe::fl:e ::~-:~;
{41 (3) To conduct investigative work relative to locating individuals named
in legal process issued by the municipal court;
fet (4) 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;
~ (5) To cooperate with and, upon request, assist the Wheat Ridge
Police Department within the city; and
2
~ (6) To perform such other duties as authorized by law and assigned
from time to time by the municipal court administrator or municipal
judges.
Section 3. Safetv 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. The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be
attained.
Section 4. Severabilitv: Conflictina Ordinances ReDealed. 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..l---. to ~
on this 1 ?>h day of n~~~'!ll:>~r , 2007, 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 January 14 , 2008, at 7:00
o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
3
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of s to 0 , this 14th day of January ,2008.
SIGNED by the Mayor on this 14th
ATTEST:
~
Michael Snow, City Clerk
First Publication: n~~~mho-". "'lQ.'
Second Publication: .T;>nu;>rv 17. 2008
Wheat Ridge Transcript:
Effective Date:J~7h',l~rl( Sl, Leggs
day of Januarv
,2008.
4