HomeMy WebLinkAboutORDINANCE 270-650
ORDINANCE NO.7o
AN ORDINANCE AHENDING CHAPTER 9 OF THE MURICIPAL
CODE OF THE TOTN OF ESTES PARK,COLORADO,THE
SAHE PERTAINING TO THE APPOINTNT AND POIERS OF
A POLICE MAGISTRATE AND THE OPERATION AND
PROCEDURES OF A POLICE COURT.
BE IT ORDAIHED 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 amended and the same is hereby
amended to read:
Chapter 9
Police Court
9.1 Police Magistrate -Appointment -Bond.The Board
of Trustees,at its first regular meeting following each
biennial election of the board of trustees,shall appoint a
police magistrate who shall preside over the police court for
a term of two years and until his successor is duly appointed
and qualified.He shall be a resident and a qualified elector
of Larimer County,Colorado.He may also be a County Judge
if he is otherwise eligible and qualified to be such police
magistrate.If a vacancy shall occur in such office,the same
shall be filled by the board of trustees,by appointment for
the unexpired term.The police magistrate shall give a surety
bond to the Town in an amount to be fixed by the board of
trustees,conditioned upon the faithful performance of his
duties as police magistrate,and for the faithful accounting
for and payment of all moneys coming into his hands by virtue
of his office.(S.L.l96L1,C.100,Sec.11.)
9.2 Acting Police Magistrate.In case of the temporary
absence,sickness or other inability of the police magistrate
to act,the mayor may appoint some competent person to act as
such police magistrate until the disability of the police
0
magistrate is removed.Such appointment must be in writing.
(S.L.l96L,C.100,Sec.11.)
9.3 Compensation of Police Magistrate.The police
magistrate shall receive as full compensation for his services
a salary of $100.00 per month.(S.L.l96L,C.100,Sec.7 and 11.)
9.L Terms of Court.There shall be two (2)terms of the
police court each for a duration of six (6)months,beginning
on the first Monday of January of each year and on the first
Monday of July of each year.
9.Jurisdictions The police court shall have exclusive
original jurisdiction to hear,try and determine all causes
arising under this Code or any of the ordinances of the town,for
a violation thereof,and there shall be no change of venue
therefrom.(S.L.l96L,C.100,Sec.11;C.R.S.1963,139-8)-L.)
9.6 Powers.The police magistrate shall have full power
and authority to make and adopt rules and regulations for con
ducting the business of his court,and shall have all powers
incident to a court of record in relation to the attendance of
witnesses,the punishment of contempt,and enforcing of orders
of court;provided that no imprisonment for contempt shall
exceed five days,and no fine for such cause shall exceed $100.00.
(S.L.l96L1,C.100,Sec.11;C.R.S.1963,l39-8L-1l.)
9.7 Examine Complaints -Sessions.The police magistrate
shall receive and examine affidavits and complaints,at all
times,for the violation of any town ordinance,and shall issue
a summons or warrant in every case where there is probable cause
to believe that an offense has been committed.He shall hold
regular sessions of his court every day,Sundays and legal
holidays excepted,for the trial of cases.(S.L.l96L,C.100;
C.R.S.1963,l39-8L-l2.)
9.8 Statement of Ordinances.In all actions for the
recovery of any fines or penalties incurred for the violation
-2-
0•’
of any ordinance or police regulation of the town it shall be
sufficient to state in the complaint or affidavit,the number
of the section and title of the ordinance violated,together
with the date of its passage,without stating said ordinance
or section in full,or the substance thereof.(S.L.l96L,
C.100,Sec.11;C.R.S.1963,l39-8L-l3.)
9.9 Commencement of Actions -Sentence.All actions
brought to recover any fine or to enforce any penalty under
this Code or any ordinance,shall be brought in the name of
the people of the state of Colorado as plaintiff.All such
cases shall be commenced by a summons.However,a warrant for
the arrest of the accused may issue in the first instance upon
the affidavit of any person that any such ordinance or Code
provision has been violated,and that the person making the
complaint has reasonable ground to believe that the party
charged is guilty thereof.Every person arrested upon such
warrant shall be taken,without unnecessary delay,before
the police magistrate to be tried for the alleged offense.
Any person upon whom any fine or penalty shall be imposed,
may be committed,upon order of the police magistrate court,
to the town jail,or other place provided by the town for the
incarceration of offenders,until such fine,or penalty and
costs,shall be fully paid.No such imprisonment shall exceed
ninety (90)days for any one offense.(S.L.l96,C.100,
Sec.10;C.R.S.1963,139-8L1-lL1)
9.10 Warrant Issued Upon Failure to Appear.In the
event any person fails to appear or comply with a notice
given to such person or attached to a vehicle,or fails to
make appearance pursuant to a summons directing an appearance
in the police magistratets court,the police department shall
forthwith secure a warrant for his arrest and execute the same
by arresting such person and keeping him in custody until he
can be taken before the police magistrate.(C.R.S.1963,
l39-8-l2,l39-B-l)
—3-
9.11 Bail.When a cause for the violation of this
Code or any ordinance is continued,the defendant shall give
bail for his appearance at the time and place set for trial
by depositing a cash bond or executing a written recognizance
with two sufficient sureties,in an amount fixed by the police
magistrate,and thereupon such person shall be released.If
such bail bond is not furnished,the defendant shall be committed
to jail until the time of trial.(C.R.S.1963,139-32—1(61).)
9.12 Judgment on Bail Bond.If the defendant shall fail
to appear at the time and place specified,or appearing shall
depart the court without leave,the police magistrate may enter
judgment against the defendant and forfeit any cash bond that
has been posted,or he may enter judgment against the defendant
and his sureties for the penalty of the bond.Upon the
entering of such a judgment against the defendant and his sureties,
the police magistrate shall issue a notice to the sureties
requiring them to appear and show cause why the judgment should
not be confirmed against them and execution issued.On the
hearing thereunder the judgment may be set aside for good cause
or it may be confirmed and execution issued.
9.13 Board of Trustees to Furnish Supplies.The board of
trustees of the Town shall furnish the necessary books,
stationery,forms,furniture and fuel required for the use of
the police court,together with suitable rooms for the proper
conducting of the business of said court.
9.1L Jury Trials.
9.lL-1 Trial Jury or the Court.
(a)Trial Jury.All trials for a violation of
this Code or any ordinance of the Town shall be tried to the
court unless the defendant in writing shall demand a jury trial
in which event the court shall empanel a jury.Failure to
make a demand in writing for a jury trial shall constitute a
waiver of such right.
.0 0•
(b)Jury of Less than Twelve.The defendant
shall be tried by a jury of three (3)in number unless he
shall at the time of making the demand for jury trial in
(a)above request a greater number,but in no event more than
twelve (12)jurors shall be allowed.Failure to designate the
number of jurors to try the case as herein provided shall
constitute a waiver of a jury in excess of three (3)jurors.
(C)Trial Without a Jury.In a case tried
without a jury the court shall make a general finding.The
defendant shall have the right to waive a trial by jury and
to have his case tried by the court.
9.lL-2 Fee.Each resident selected to serve as a juror
at a trial shall receive a fee of $3.00 for each day served.
9.1L1-3 Jury Commissioner -Bailiff.The town clerk shall
serve as jury commissioner of the police court until such time
as a clerk of the court is appointed.Upon such an appointment,
the clerk of the court shall serve as jury commissioner.The
police magistrate shall appoint a bailiff to act at each jury
trial and shall allow such bailiff a fee of $3.00 for his
services at each trial and said fee may be assessed as part of
the costs.
9.lL-L Preparation of Jury List.On or before January 1st
of each year the jury commissioner shall prepare a list of
persons whom he believes may be qualified to serve as jurors,
such list to include at least 100 persons.The commissioner
shall then mail a questionnaire to each of such persons asking
questions about their qualifications to serve as jurors.Each
person receiving such a questionnaire shall truthfully answer
the questions contained therein and return the same to the
jury commissioner within 10 days after the receipt of the same.
Failure to so complete and return the questionnaire shall
constitute a violation of this Code.When the quesionnaires
--
have been returned,the jury commissioner shall determine
which ones are qualified and list their names alphabetically
in a book kept for this purpose.Such book shall always be
open to public inspection during office hours.
9.lL-Drawing of Prospective Jurors.As soon as the
jury list is completed,the commissioner shall write the names
of the persons on the list on separate ballots and shall place
such ballots in a box to be kept for that purpose.Upon order
of the police magistrate,the commissioner shall,in the presence
of the mayor,draw by chance from such box a sufficient number
of jurors for the next term of court.When so drawn,the names
shall be certified by the commissioner to the police magistrate,
who shall,when a jury is needed,issue a venire to the town
marshal to summon the number of jurors that the magistrate shall
deem necessary.The court shall fix the trial of jury cases
for some definite time and shall try cases successively by the
same panel of jurors so far as is practicable.
9.lL-6 Summoning of Jurors.Jurors selected as
hereinabove provided shall be summoned to attend upon the
court by writ of venire fades directed to the town marshal,
and such writ may be returnable upon any day of the term as
the magistrate shall direct.
9.lL1.-7 Additional Venire.If the jury panel becomes
exhausted or because of any other reason there are not a
sufficient number of jurors from the panel available to try
a case,the magistrate may summon a jury from the bystanders
or he may issue an open venire to the town marshal to obtain
the necessary jurors.
9.lL-B Juror Failing to Appear -Penalty.If any person
summoned as a juror shall fail,neglect,or refuse to appear,
without reasonable excuse,he shall be deemed guilty of contempt
and fined or imprisoned as the court may direct.The court
shall have the power to issue a citation directed to the town
-6-
a
marshal commanding him forthwith to bring before such court
the body of such juror so failing to attend and for such juror
to show cause why he should not be punished for contempt,or
on the appearance of such juror on such citation it shall be
lawful for the court to punish him for contempt or wholly
discharge him if satisfactory excuse be made.(S.L.196L,
C.100,Sec.11;C.R.S.1963,139-8L-1l.)
9.lL-9 Challenges for Cause.The police magistrate
shall pass on all challenges and objections to jurors,and
he shall have the power to rule on all questions of evidence
and the admissibility thereof in the same manner as a judge
of a court of record.
9.lL-l0 Peremptory Challenges.In eachease to be tried
before a jury,each side shall be entitled to three peremptory
challenges.(C.R.S.1963,78-54k)
9.1-11 Jury Fee to be Taxed.A jury fee not to exceed
fifteen dollars shall be taxed as part of the costs of each
case tried by a jury.(C.R.S.1963,78-7-5,39-10-5)
9.1L1-12 Jury Verdict -Sentence.Upon a jury returning
a verdict of guilty,the judge shall record the same and shall
proceed to fix or determine the punishment,penalty,or
sentence,and to render judgment upon such verdict for the
punishment,penalty,or sentence so determined by him and for
costs;but if the jury return a verdict of not guilty,the
defendant shall be discharged without costs.
9.lL-l3 Procedure at Trial.If the town or the defendant
is not represented by legal counsel,the judge may interrogate
witnesses to the end that justice will be served.Indigent
persons,upon proof of that fact,may have counsel appointed
to represent them,and such counsel appointed shall have his
fee set by the court,but in no event shall such fee exceed
$50.00 for each day devoted to the trial of the case,and said
fee may be assessed as part of the costs.(C.R.S.1963,
39-10-5)
-7—
0•
9.lL-lL Instructions to Jury.At the conclusion of
all of the evidence,and before arguments of counsel,the
judge shall read to the jury the ordinance or Code section
alleged to have been violated by the defendant and shall
orally instruct the jury as to any points of law that the
judge believes to be pertinent to the issues to be determined
by the jury.Counsel for either of the parties may submit
written instructions to the judge,and if he believes such
instructions to be proper,he may read the same to the jury.
9.l Stay of Execution.The police magistrate is hereby
authorized,in his discretion,to grant a stay of execution
not to exceed 30 days,on any fine assessed or jail sentence
imposed,or both.If the defendant does not comply with the
terms of the stay of execution,then the execution shall issue
and the defendant shall be confined in the jail until the
judgment is satisfied.(C.R.S.1963,79-2-2L)
9.16 Sentence Suspended.The police magistrate is hereby
authorized to suspend the payment of any fine or costs,or any
part thereof,assessed for a violation of this Code or any
ordinance,and he may suspend all or any part of any jail
sentence imposed for such a violation.He may impose reasonable
conditions upon such suspension and revoke such suspension and
reinstate the sentence for a violation of such conditions.
(C.R.S.1963,79-2-2L1.)
9.17 Fines Paid to Town Treasurer.All fines and
penalties collected in the police court for the violation of
this Code or any of the ordinances of the town shall be
reported by the police magistrate and paid to the town
treasurer monthly.(C.R.S.1963,l39-8L1..--9)
9.18 Appeals and Bond.Appeals from any judgment of
the police magistrate may be taken as provided by the statutes
of the State of Colorado.The appeal bond to be executed by
the appellant shall be substantially in the following form:
-8-
n
iaoi LL MSN BY T1EiS PiN2,That we,
______________
as Principal,and
__________
and
as Sureties,of the Coun.:r of Larimer
and State of Colorado,are held and firmly bound unto
the Town of Estes Park,in the penal sum of _______
lawful money of the United States,for the payment of
which,well and truly to be made,we and each of us
bind ourselves,our heirs,executors and administrators,
jointly and severally,firmly,by these presents.
(itness our hands this
____
day of
_________,
19.
THiS COhDITION OF TH ABOVE O3LIGArION IS SUCH,
That,hereas,the said
_____________
was,on the
day of
________
,19 found guilty of a violation of
+Section —of the Municipal Code of the Town of Estes
Park,Colorado,+Ordinance No.of the Ordinances of
the Tov.m of Estes Park or one or more r ovisions of said
Ordinance,and was fined in the sum of $,and
sentenced to the common jail for
____
das,from vthich
judgment the said
_____________
has prayed for and
obtained an appeal to the County Court of said county:
NOd,IF THE S1D —shall within ten
(10)days from the judgcment of the Court,pay to the
clerk or judge of said county courb the fee required
by the rales of said court for docketing of said cause,
and duly prosecute this appeal,and wilipay off and
satisfy any judgment that may be rendered,upon the
trial of said case in the court to which the appeal
is taken,or dismissal of the appeal,or that the said
_______________
will surrender himself in satisfaction
of such judgment,then the above obligation to be void,
otherwise to xmain in full force and effect.
the sureties on such bond shall be two persons.over the age
of twenty—one (21)years of age who own real property within
the State of Colorado of a value in excess of the penal sum
set by the nolice mastrate and all liens and encumrices
thereon,or a corporate surety company duly qualified to do
business in the State of Colorado.
9.19 Prisoner Jithout Means —Releae.Whenever it
shall be made satisfactorily to appear to the police magistrate,
after all legal means have been exhausted,that any person
who is confined in jail,or other place of confinement,for
any fine or costs of prosecution for any violation of this Code
or ordinance of the town,has no estate whatsoever wherewith
to pay such fine and costs,or costs only,it shall be the
duty of the police magistrate to discharge such person from
further imprisonment for such fine and costs,which discharge
shall operate as a complete release of such fine and costs;
-9-
,‘‘.b 0
provided,that nothing herein shall authorize any person to
be discharged from imprisonment before the expiration of the
time for which he may be sentenced to be imprisoned as part
of his punishment.(C.B.S.1963,39-10-9)
Section 2.The provisions of this Ordinance are hereby
declared to be severable,and if any section,provision,or
part thereof shall be declared unconstitutional or invalid,
the remainder of this Ordinance shall continue in lull force
and effect,it being the legislative intent that this
Ordinance would have been adopted even if such unconstitutional
or invalid matter had not been included therein.It is further
declared that if any provision or part of this Ordinance,or the
application thereof to any person or circumstances,is held
invalid,the remainder of this Ordinance and the application
thereof to other persons shall not be affected thereby.
Section 3.All ordinances or parts of ordinances of the
Town of Estes Park or sections of the Municipal Code of the
Town of Estes Park in conflict with the provisions of this
Ordinance are hereby repealed.
Section L.The Board of Trustees herewith finds,
determines and designates that this Ordinance is necessary
for the immediate preservation of 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 ()days after its final passage,adoption
and publication.
ATTES:1
Town Clerk
-10-