HomeMy WebLinkAboutORDINANCE 01-70Q
ORDINANCE NO.1-70
AN ORDINANCE REPEALING AND RE-ENACTING
CHAPTER 9 OF THE MUNICIPAL CODE OF THE
TOWN OF ESTE S PARK,COLORADO,RElATING
TO THE MUNICIPAL COURT.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLORADO:
Section 1.That Chapter 9 of the Municipal Code of
the Town of Estes Park,Colorado be and the same is hereby
repealed and re-enacted to read:
Chapter 9
MUNICIPAL COURT
9.1 Municipal Court Created -Jurisdiction -Powers
-Authority -Duties -Procedure.There is hereby created
a municipal court to hear and try all alleged violations of
the ordinance provisions of the Town of Estes Park,Colorado,
which court,and the municipal judge or judges and other
officers thereof,shall have all of the powers,authority,
duties and shall follow the procedure as provided therefor
by the laws of the State of Colorado and the rules of procedure
promulgated by the Supreme Court of the State of Colorado.
9.2 Compensation of Municipal Judges.The municipal
judge or judges shall each receive as compensation for their
services as a municipal judge an annual salary of Three
Thousand Five Hundred Dollars per year,payable monthly;pro
vided,that any municipal judge who serves for only a part
of a year shall receive for his compensation only that portion
of the foregoing annual salary as determined by the number of
days he actually serves as a municipal judge.
9.3 Clerk of the Municipal Court.There is hereby
established the position of clerk of the municipal court who
shall serve as a full time or part time clerk as shall be
determined by the presiding municipal judge,except that the
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municipal judge or judges shall serve as ex officio clerk
if the business of the court,as determined by the presiding
municipal judge,is insufficient to warrant a separate clerk,
or during the temporary absence,sickness,disqualification,
or other inability of the clerk to act.
9.L1..Compensation of the Clerk of the Municipal Court.
The clerk of the municipal court shall receive as compensation
for his services as a clerk of the municipal court an annual
salary of One Thousand Dollars per year,payable monthly;pro
vided that any clerk of the municipal court who serves for
only a part of a year shall receive for his compensation only
that portion of the foregoing annual salary as determined by
the number of days he actually serves as a clerk of the mimic
ipal court.
9.Appeal Bond -Form -Qualifications of Sureties.
The appeal bond required by the laws of the State of Colorado
shall be substantially in the following form:
IN THE MUNICIPAL COURT IN AND FOR ThE TOWN OF
ESTES PARK AND STATE OF COLORADO
CASE MO.
THE TOWN OF ESTES PARK,COLORADO,
vs.)APPEAL
BOND
_______________________________
,)
Defendant
The undersigned principal and surety are held
and firmly bound unto the Toii of Estes Park,Colo
rado in the amount of
_______________________________
lawful money of the United States,and further bind
their heirs,executors,administrators and successors
jointly and severally,in accordance with the fol
lowing conditions:
That whereas,the said
________________________
on the
_______
day of
_______________,
19 in the
Municipal Court in and for the Town of Estes Park,
State of Colorado,was sentenced to
________________________________________
and fined
____________________________________
from which the
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said
____________________________
has appealed to the
_______________
Court in and for the County of
Larimer,State of Colorado.
Now if the said
_____________________________________
shall duly prosecute said appeal as provided by
law and abide by the orders of said court and
shall pay all costs and judgment as may be awarded
against him,or that the said
__________________________
will surrender himself in satisfaction of such
judgment,then this obligation shall be null and
void,otherwise it shall remain in full force and
effect and the amount of this obligation shall be
due and payable forthwith.
Defendant
Surety
Sworn to and approved by me this
________
day
of
_________
,l9
____
Municipal Judge
the surety on this bond shall be a person or persons over the
age of twenty-one (21)years of age who owns real property
within the State of Colorado of a value in excess of the
penal sum set by the municipal judge and all liens and en
cumbrances thereon,or a corporate surety company duly
qualified to do business in the State of Colorado,or in lieu
of a surety cash in the amount set by the municipal judge.
Section 2.The provisions of this ordinance are
hereby declared to be severable,and if any section,pro
vision,or part thereof shall be held unconstitutional or
invalid,the remainder of this ordinance shall continue in
full force and effect,it being the legislative intent that
this ordinance would have been adopted even if such uncon
stitutional matter had not been included.
Section 3.That Ordinance No.270 and No.386 are
repealed and all other ordinances and parts of ordinances
adopted by the Town of Estes Park,Colorado,or any provisions
of the Municipal Code of the Town of Estes Park,in conflict
with the provisions of this ordinance are hereby repealed.
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Section L.The repeal of any ordinance of the Toi
of Estes Park,Colorado,or provision of the Municipal Code
of the To of Estes Park by this ordinance shall not affect
any right which has accrued,any duty imposed,any penalty
incurred,nor any action or proceedings commenced under or
by virtue of the ordinance or provision repealed.The
repeal of any provision of this ordinance shall not revive
any provision of any ordinance theretofore repealed or
superseded.
Section 5.The Board of Trustees of the Town of
Estes Park herewith finds,determines and designates that
this ordinance is necessary for the immediate preservation
of the public peace,health and safety,for the administration
of the Municipal Court affects the public peace,health and
safety,and whereas in the opinion of the Board of Trustees
an emergency exists,this ordinance shall take effect and
be in force five (5)days after its final passage,adoption
and publication.
Mayor
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