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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Section 1.That Chapter 9 of the Municipal Code of the Town of Estes Park,Colorado be and the same is hereby repealed and re-enacted to read: Chapter 9 MUNICIPAL COURT 9.1 Municipal Court Created -Jurisdiction -Powers -Authority -Duties -Procedure.There is hereby created a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 o 0 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 -2- β€’0 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. β€”3β€” 0 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 AT’ -Lj