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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 Section 2-7 Municipal Judge of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Section 2-7.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 2 4 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. 2 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 3 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, 4 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 5