Code: Chapter 2


Administration


Article 1 Elections
Sec. 2-1-10 Write-in candidate affidavit
Sec. 2-1-20 Cancellation of election

Article 2 Mayor and Town Council
(See Ordinance 2009-1 for Amendments)
Sec. 2-2-10 General powers
Sec. 2-2-20 Form of government
Sec. 2-2-30 Governing body
Sec. 2-2-40 Elected officers
Sec. 2-2-50 Town Mayor
Sec. 2-2-60 Mayor Pro Tem
Sec. 2-2-70 Town Council
Sec. 2-2-80 Compensation of elected officers

Article 3 Officers and Employees
Sec. 2-3-10 Appointment of officers
Sec. 2-3-20 Oath of officers
Sec. 2-3-30 Removal of officers
Sec. 2-3-40 Powers, functions and duties
Sec. 2-3-50 Compensation of appointed officers

Article 4 Code of Ethics
Sec. 2-4-10 Definitions
Sec. 2-4-20 Restrictions generally
Sec. 2-4-30 Appearances by members
Sec. 2-4-40 Misuse of confidential information
Sec. 2-4-50 Participation in civil lawsuits
Sec. 2-4-60 Disclosure of conflict of interest
Sec. 2-4-70 Disqualification
Sec. 2-4-80 Enforcement
Sec. 2-4-90 Hearing
Sec. 2-4-100 Violations; penalties

Article 5 Municipal Court
(See Ordinance 2009-1 for Amendments)
Division 1 Municipal Judge
Sec. 2-5-10 Presiding Judge
Sec. 2-5-20 Qualification
Sec. 2-5-30 Appointment and term
Sec. 2-5-40 Oath
Sec. 2-5-50 Compensation
Division 2 General Provisions
Sec. 2-5-110 Established
Sec. 2-5-120 Effect on similar ordinances
Sec. 2-5-130 Powers of Municipal Judge
Sec. 2-5-140 Commencement of action
Sec. 2-5-150 Contents and signing of summonses and complaints
Sec. 2-5-160 Service of process; delivery; officer designated
Sec. 2-5-170 Contents and issuance of subpoenas
Sec. 2-5-180 Compliance with process required; presumption of willful act
Sec. 2-5-190 Motions of defense or objections based on defects in prosecution or form of summonses or complaints
Sec. 2-5-200 Record of proceedings
Sec. 2-5-210 Appeal costs
Sec. 2-5-220 Court fees and default judgments for traffic offenses
Sec. 2-5-230 Fines and sentences; suspension or stay of execution
Sec. 2-5-240 Assessment of court costs
Sec. 2-5-250 Surcharge
Sec. 2-5-260 Victim and witness assistance and law enforcement surcharge
Sec. 2-5-270 Original jurisdiction
Sec. 2-5-280 Sessions generally
Sec. 2-5-290 Rules of procedure
Sec. 2-5-300 Restraining orders
Division 3 Trial by Jury
Sec. 2-5-410 Right to jury trial; prerequisites; selection
Sec. 2-5-420 Number of jurors; effect of acquittal
Sec. 2-5-430 Jurors’ fees
Sec. 2-5-440 Attachment for jurors; contempt for failure to appear
Sec. 2-5-450 Discharge of partial or improper jurors; completion of incomplete juries
Sec. 2-5-460 Peremptory challenges
Sec. 2-5-470 Verdict and sentence

ARTICLE 1
Elections

Sec. 2-1-10. Write-in candidate affidavit.
No write-in vote for any municipal office shall be counted unless an affidavit of intent has been filed with the Town Clerk by the person whose name is written in prior to twenty (20) days before the day of the election. The affidavit of intent shall indicate that such person desires the office and is qualified to assume the duties of that office if elected. (Ord. 2007-4 §1)

Sec. 2-1-20. Cancellation of election.
If the only matter before the voters is the election of persons to municipal office, and if on the Friday before the election there are not more candidates than offices to be filled at such election, the Town Clerk may certify such facts to the Town Council, and the Town Council may cancel the election and declare the candidates elected to the offices. (Ord. 2007-4 §1)

ARTICLE 2
Mayor and Town Council

Sec. 2-2-10. General powers.
The Town shall have all the powers of local self-government and home rule and all powers possible under the Constitution and laws of the State. The Town shall and may exercise all municipal powers, functions, rights and privileges of every nature whatsoever. The enumeration of the particular powers in this Chapter and in the Charter of the Town shall not be deemed to be exclusive of others. (Ord. 96-3 §1)

Sec. 2-2-20. Form of government.
The municipal government shall be known as a council-mayor government. (Ord. 96-3 §1)

Sec. 2-2-30. Governing body.
The corporate authority of the Town is vested in an elective council of six (6) Councilmembers and a Mayor elected at large from the entire Town. (Ord. 96-3 §1)

Sec. 2-2-40. Elected officers.
The elective officers of the Town shall consist of the Mayor and Councilmembers. (Ord. 96-3 §1)

Sec. 2-2-50. Town Mayor.
The qualifications, powers and duties of the Mayor shall be those which are set forth in Article V of the Town Charter. (Ord. 96-3 §1)

Sec. 2-2-60. Mayor Pro Tem.
The Mayor Pro Tem shall be elected by the Town Council from its own membership at the first meeting following each biennial election. In the absence or disability of the Mayor, the Mayor Pro Tem shall perform all duties and have all powers of the Mayor. The Mayor Pro Tem shall serve until the Council meeting following the next regular Town election, unless sooner removed by a majority of the entire Town Council. (Ord. 96-3 §1)

Sec. 2-2-70. Town Council.
The qualifications, powers and duties of the Town Council shall be those which are set forth in Article III of the Town Charter. (Ord. 96-3 §1)

Sec. 2-2-80. Compensation of elected officers.
Members of the Town Council shall be elected in accordance with the Colorado Municipal Election Code of 1965, as amended, and the Town Charter. The Mayor and each Councilmember shall receive compensation for services rendered in the amount fixed by resolution from time to time, payable from the general fund of the Town. (Ord. 96-3 §1)

ARTICLE 3
Officers and Employees

Section 2-3-10. Appointment of Officers.
At the first regular meeting of the Town Council following the general Town election, or as soon thereafter as practicable, the Town Council shall appoint a Town Treasurer, Town Clerk, Police Chief, Town Attorney. AT OTHER TIMES, COUNCIL MAY APPOINT A TOWN ADMINISTRATOR, AS THAT POSITION
IS DEFINED IN SECTION 2-3-60 BELOW, and any other officers hereafter established by ordinance. and ALL such officers shall hold their respective offices
until their successors are appointed and duly qualified, unless sooner removed according to law. (Amended by Ord. 2009-10)

Sec. 2-3-20. Oath of officers.
Before entering upon the duties of their respective officers, each of the above-named officers shall take and subscribe to an oath or affirmation to support the Constitutions of the United States and the State, which oath shall be filed with the Town Clerk. (Ord. 96-3 §1)

Sec. 2-3-30. Removal of officers.
Any officer appointed by the Town Council may be removed by the votes of at least four (4) members of the Town Council in favor of such removal. No such removal shall be made, however, without a charge in writing made, and an opportunity of hearing given to said officer. The Town Attorney may be removed under this Section without a written charge or hearing. (Ord. 96-3 §1)

Sec. 2-3-40. Powers, functions and duties.
The powers, functions and duties of the appointed officers of the Town are described in the Town Charter and respective job description as approved by the Mayor and as are contained in the personnel policies and procedures of the Town as approved by the Town Council. (Ord. 96-3 §1)

Sec. 2-3-50. Compensation of appointed officers.
The salary of every appointed officer shall be fixed by the Town Council by resolution from time to time. (Ord. 96-3 §1)

Section 2-3-60. Town Administrator.

(a) Pursuant to Section 5.5 and Section 7.3 of the Mountain View Home Rule Charter, the Town Council, with advice and input from the Mayor, may appoint a
Town Administrator who shall be the head of the Town’s Executive Department and the chief administrative officer of the Town and who shall serve without a definite term and at a salary fixed from time to time by resolution of the Town Council.

(b) The Town Administrator shall be ultimately responsible to the Town Council but shall be under the day-to-day control and supervision of the Mayor. The Town Administrator shall perform duties according to the job description approved by the Mayor and as contained in the personnel policies and procedures of the Town that has been approved by the Town Council. The Town Administrator shall perform such other duties as provided by ordinance or as provided by the direction of the Council, so long as such direction is not contrary to the Charter or the ordinances of the Town.

(c) The Town Administrator may delegate to others the authority and duties prescribed to his or her position only to the extent allowed by ordinance. The Town
Administrator may appoint another Town department head to function in his or her capacity during short absences.

(d) Removal of the Town Administrator shall be according to Section 2-3-30 herein.
(This Section added by Ordinance 2009-14)

ARTICLE 4
Code of Ethics

Sec. 2-4-10. Definitions.
For the purpose of this Article, the terms listed below shall have the following meaning:

Confidential or privileged information means matters required by state or federal law or
regulation to be kept confidential, attorney-client communications and other matters which may be
discussed in executive session.

Member means any person appointed to a Town board or commission (collectively referred to
as board) by the Town Council or the Mayor under authority of the Charter, ordinance or state
law, or a Councilmember. (Ord. 2007-4 §1)

Sec. 2-4-20. Restrictions generally.
(a) The member shall not disclose or use any confidential or privileged information in furtherance of any personal or pecuniary interest or to further the personal or pecuniary interest of any other person.

(b) The member shall not vote or render a final decision on an issue that directly affects a business or project in which the member either has a financial interest or is engaged as counsel, consultant, representative or agent.

(c) The member shall not solicit or accept any gift, compensation, reward, gratuity or any item of value which would tend to influence a reasonable person in the member’s position to depart from the faithful and impartial discharge of his or her public duties; or which the member knows or which a reasonable person in a similar position should know is primarily for the purpose of influencing public action.

(d) The member shall not assist any person for a fee or other compensation in obtaining any contract, claim, license, permit, permission, approval or other economic benefit from the Town.

(e) The member shall not hold a substantial financial interest in any business or enterprise which is a party to a Town contract made by the Town Council or board upon which the member has been appointed or elected.

(f) The member shall not accept a fee, contingent fee or any other compensation for promoting or opposing passage of legislation, except the member’s official compensation as provided by the Charter, ordinance or contract.

(g) The member shall not appear on behalf of any private person, business or entity before the Town Council or board upon which the member has been appointed or elected. (Ord. 2007-4 §1)

Sec. 2-4-30. Appearances by members.

(a) The member shall not appear on his or her own behalf before the Town Council or board upon which he or she is a member. If a member is affiliated with a person or organization appearing before the Town Council or board, it is conclusively presumed that there is a conflict of interest.

(b) The member shall not appear on behalf of another person concerning any matter before the Municipal Court, unless ordered to do so by subpoena of the Court.

(c) Nothing in this Section shall be construed as prohibiting members from addressing a Town Council or board of which they are not a member. (Ord. 2007-4 §1)

Sec. 2-4-40. Misuse of confidential information.
Members shall not knowingly disclose confidential or privileged information to any third party, unless the Town Council authorizes the disclosure of the information. This Section is not intended to impair or limit public access to information that is otherwise publicly available. (Ord. 2007-4 §1)

Sec. 2-4-50. Participation in civil lawsuits.
Members who are attorneys shall not represent or affiliate with law firms that represent persons in their transactions with the Town, unless the Town Council permits otherwise. (Ord. 2007-4 §1)

Sec. 2-4-60. Disclosure of conflict of interest.

(a) Members who have any personal or property interest, or any other kind of interest which may conflict or interfere with, influence or be perceived by the public as influencing the member’s conduct, shall, prior to acting or voting, disclose the nature of the conflict.

(b) The remaining members of the Town Council or board shall decide by majority vote whether a conflict of interest exists, considering the following criteria:

(1) Whether the conflict of interest impedes independence of judgment;

(2) The effect of the member’s participation on the public confidence in the integrity of the governing body;

(3) Whether the member’s participation is likely to have any significant effect on the ultimate disposition of the matter; and

(4) The member’s fiduciary obligations to the Town.

(c) If the majority concludes that there is no conflict, then the member may perform the official act involved. However, the member shall state for the record the nature of the interest at the time of performing the act. Such disclosure shall constitute an affirmative defense to a violation of this Article. (Ord. 2007-4 §1)

Sec. 2-4-70. Disqualification.

(a) If the Town Council or board concludes there is a conflict, the member shall be disqualified from acting or voting on the matter or any related business. In addition, the disqualified member shall refrain from attempting to influence the decisions of other members of the Town Council or board in voting on the matter and refrain from participating in any manner in the deliberations of the Town Council or board.

(b) The disqualification of a member shall not preclude the existence of a quorum, nor result in the loss of a quorum, of the Town Council or board. However, the disqualification of a member from voting on an issue that requires the affirmative vote of a specific number of votes shall automatically be reduced by the number of members disqualified, except for matters before the Town Council. (Ord. 2007-4 §1)

Sec. 2-4-80. Enforcement.

(a) The Town Council shall have primary responsibility for enforcement of this Article. The Town Council shall have the power to investigate any complaint and to initiate any suit. Any person who believes a violation of this Article has occurred may file a complaint with the Town Council, which shall promptly investigate such complaint. The Town Council may thereafter take such action as it shall deem to be appropriate.

(b) The Town Council may retain a special prosecutor to investigate or prosecute any violation of this Article. In all cases, the determination of the Town Council as to whether there has been a violation shall be final.

(c) The various provisions of this Article are cumulative and not exclusive and shall not be construed to limit any administrative, civil or criminal action or proceeding which may be instituted by the Town pursuant to state statute. (Ord. 2007-4 §1)

Sec. 2-4-90. Hearing.
Upon the sworn complaint of any Councilmember alleging facts which, if true, would constitute improper conduct under the provisions of this Article, the Town Council shall conduct a public hearing in accordance with all of the requirements of due process of law. In written findings of fact and conclusions based thereon, the Town Council shall make a determination concerning the propriety of the conduct alleged and shall take whatever action necessary to address the improper conduct. (Ord. 2007-4 §1)

Sec. 2-4-100. Violations; penalties.

(a) Members who violate any of the provisions of this Article shall be subject to the following penalties:

(1) The Town Council may officially reprimand the member if a violation is established to a majority of the Town Council by clear and convincing evidence; or

(2) Expel or remove the member if good cause is shown by clear and convincing evidence and two-thirds (⅔) of the Town Council vote to expel or remove the member.

(b) The Town Council shall have good cause to expel or remove a member if the member knowingly violates this Article. (Ord. 2007-4 §1)

ARTICLE 5
Municipal Court

Division 1
Municipal Judge

Sec. 2-5-10. Presiding Judge.

(a) The Municipal Court shall be presided over by a Municipal Judge.

(b) The Municipal Judge or an alternative judge appointed by the Municipal Judge shall have exclusive jurisdiction in all cases arising under the ordinances of the Town where the amount of fine or penalty shall not exceed the limits set forth in Section 1-6-20 of this Code. Such Municipal Judge shall proceed according to the laws of the State and the ordinances of the Town.

(c) If more than one (1) Municipal Judge is appointed, the Town Council shall designate a presiding Municipal Judge, who shall serve in this capacity during the term for which he or she was appointed. (Ord. 95-2 §1; Ord. 2007-4 §1)

Sec. 2-5-20. Qualification of Municipal Judge.
The Municipal Judge or any alternate shall be an attorney currently licensed to practice law in the State, in good standing with the Supreme Court of the State, and shall have a minimum of five (5) years of experience in the active practice of law at the time of employment. (Ord. 95-2 §1; Ord. 2007-4 §1)

Sec. 2-5-30. Appointment and term.
The Municipal Judge shall be appointed by the Town Council and serve as provided in Article VII of the Town Charter. (Ord. 2007-4 §1)

Sec. 2-5-40. Oath.
Before entering upon the duties of his or her office, a Municipal Judge shall take an oath or affirmation that he or she will support the Constitution of the United States, the Constitution of the State and the ordinances of the Town, and will faithfully perform the duties of his or her office. (Ord. 2007-4 §1)

Sec. 2-5-50. Compensation.
The compensation of the Municipal Judge shall be established by ordinance. (Ord. 2007-4 §1)

Division 2
General Provisions

Sec. 2-5-110. Established.
The Municipal Court shall be and is hereby established and is a qualified court of record. (Ord. 92-13; Ord. 2007-4 §1)

Sec. 2-5-120. Effect on similar ordinances.
The provisions of any other ordinance covering matter similar to that contained in this Article shall be given effect and shall be deemed complementary rather than conflicting. (Ord. 92-13)

Sec. 2-5-130. Powers of Municipal Judge.
The Municipal Judge shall have full power and authority to make and adopt rules and regulations for conducting the business of the Municipal Court and shall have all powers incident to a court of record in relation to the attendance of witnesses, the punishment for contempt and enforcing all orders of the Municipal Court; provided that no penalty shall exceed the limits set forth in Section 1-6-20 of this Code. (Ord. 92-13)

Sec. 2-5-140. Commencement of action.
An action for the violation of any ordinance of the Town shall be brought in the name of the people of the State ex rel. the Town against the person who is alleged to have violated the ordinance as defendant, and shall be commenced by a filing of a complaint or the issuance of a summons or warrant or by both a summons or warrant and complaint. (Ord. 92-13)

Sec. 2-5-150. Contents and signing of summonses and complaints.
Every summons and complaint shall state the name of the defendant, the Code section number or ordinance and section number alleged to have been violated, the general type of offense to which each such section or ordinance relates, the date and place of each alleged violation, that the defendant is known or believed to have committed such offense or offenses and that the defendant is required to appear to answer the charges on a date and at a time and place designated in the complaint and summons. The complaint or summons shall be signed by the person alleging the violation and shall be verified by the complainant, unless the complainant is a police officer or a member of the personnel of the Municipal Court acting in his or her official capacity, in which case no verification
shall be required. (Ord. 92-13)

Sec. 2-5-160. Service of process; delivery; officer designated.
(a) A summons or summons and complaint issued pursuant to this Article shall be served personally upon the defendant and a copy given to the defendant.

(b) In lieu of personal service, service may be made by leaving a copy of the summons or summons and complaint at the defendant’s usual place of abode with some person over the age of eighteen (18) years residing therein or by mailing a copy to the defendant’s last known address by certified mail, return receipt requested, not less than five (5) days prior to the time the defendant is required to appear.

(c) A subpoena or other process of the Municipal Court issued pursuant to this Article shall be served by delivering a copy thereof to the person named in such subpoena or other process.

(d) In lieu of personal service, service may be made by leaving a copy of the subpoena or other process at the person’s usual place of abode with some person over the age of eighteen (18) years residing therein or by mailing a copy to the person’s last known address by certified mail, return receipt requested, not less than five (5) days prior to the time the person is required to appear.

(e) Service of any document or process issued pursuant to this Chapter may be made by any peace officer of the Town; by any person specially designated by the Municipal Court for that purpose; or as designated in the rules promulgated by the Municipal Court governing the service of court documents. (Ord. 92-13)

Sec. 2-5-170. Contents and issuance of subpoenas.
Each subpoena shall state the name of the case, the name of the witness to whom the subpoena is directed and that the witness is required to appear to give testimony on the date and at the time and place stated and shall be issued by the Municipal Judge, Court Clerk or Deputy Clerk. (Ord. 92-13)

Sec. 2-5-180. Compliance with process required; presumption of willful act.

(a) It shall be unlawful for any person willfully to fail to appear in response to any summons or subpoena of the Municipal Court after having been duly served such summons or subpoena in accordance with Section 2-5-160 above.

(b) For purposes of prosecution under this Section, proof that the summons or subpoena was duly served, that the person was not excused from appearance by the Municipal Court and that the person failed to appear at the time scheduled shall raise a rebuttable presumption that the failure to appear was willful. (Ord. 92-13)

Sec. 2-5-190. Motions of defense or objections based on defects in prosecution or form of summonses or complaints.

(a) Defenses and objections based on defects in the institution of the prosecution or the form of the summons or complaint or both, other than failure to show jurisdiction in the Municipal Court or to charge an offense, may be raised only by motion. The motion shall include all such defenses and objection then available to the defendant. Failure thus to present any such defense or objection constitutes a waiver of it, but the Municipal Court for cause shown may grant relief from the waiver.

(b) Such motion shall be made before the plea is entered, but the Municipal Court may permit it to be made within a reasonable time thereafter. Motions under this Section shall be determined before trial unless the Municipal Court orders that it be deferred for determination at the trial of the general issue.

(c) If a motion is determined adversely to the defendant, the defendant shall be permitted to plead if the defendant has not previously pleaded. A plea previously entered shall stand. (Ord. 92-13)

Sec. 2-5-200. Record of proceedings.
Verbatim records of all proceedings and evidence at trials of all cases coming before the Municipal Court shall be kept by either electronic devices or stenographic means. Typed transcripts of the record will be prepared by the Municipal Court for the costs specified in Section 2-5-210 of this Code. (Ord. 92-13; Ord. 2007-4 §1)

Sec. 2-5-210. Appeal costs.

(a) For all appeals from decisions in the Municipal Court to the District Court, the Court Clerk shall require a transcript deposit according to the following schedule:

(1) One-hundred-fifty-dollar transcript deposit for a trial to the court; and

(2) Two-hundred-dollar transcript deposit for a trial to a jury.

(b) The Court Clerk shall charge the transcript preparation fee and photocopy cost prescribed by the Supreme Court of Colorado. The transcript deposit shall be applied against the preparation cost of the transcript. If the preparation cost of the transcript is less than the transcript deposit, then the balance will be refunded to the requesting party by the Court Clerk. If the preparation cost of the transcript is more than the transcript deposit, the Court Clerk shall require the requesting party to pay the additional cost to prepare the transcript. The Municipal Judge may waive the transcript deposit and the transcript preparation cost in all instances of proven indigency. (Ord. 92-13)

Sec. 2-5-220. Court fees and default judgments for traffic offenses.
Whenever any defendant is charged with a traffic offense that carries a penalty of four (4) points or fewer on the defendant’s driver’s license, other than the offenses of driving without insurance or failure to show proof of insurance, and the defendant fails to appear in the Municipal Court as required by the penalty assessment notice or as ordered by the Municipal Court, or fails to pay the fine imposed by the penalty assessment notice or by Municipal Court, the Municipal Court may enter a default judgment against the defendant. Upon entry of a default judgment, the Municipal Court shall also assess the following fees: a default fee of fifty five dollars ($55.00), which shall be retained by the Town to cover its costs; and an administrative processing fee of thirty three dollars ($33.00), of
which eighteen dollars ($18.00) shall be paid to the Colorado Department of Revenue pursuant to Section 42-2-118(3)(c), C.R.S. These fees are in addition to and not in lieu of any applicable fines, penalties, jury fees, warrant fees, witness fees, deferred judgment fees, contempt fines, surcharges or appeal bonds. THE COURT FEES IMPOSED BY THIS SECTION SHALL BE MANDATORY, AND THE MUNICIPAL COURT SHALL NOT SUSPEND SAID FEES, IN WHOLE OR IN PART. The Court Clerk shall report all such default judgments to the Colorado Department of Revenue.
(Ord. 2004-2 §1) (Ord. 2009-1)

Sec. 2-5-230. Fines and sentences; suspension or stay of execution.
The Municipal Court may suspend or stay the execution of any sentence or fine of any violator unless specifically prohibited by the ordinance under which the violator was convicted, or any portion thereof, EXCEPT THAT, THE MUNICIPAL COURT SHALL NOT SUSPEND OR STAY THE EXECUTION OF ANY SENTENCE OR FINE OF ANY VIOLATOR CHARGED UNDER CHAPTER 8 OF THE MUNICIPAL CODE UNLESS SPECIFICALLY PERMITTED TO DO SO BY THE ORDINANCE UNDER WHICH THE VIOLATOR WAS CONVICTED. WHEN PERMITTED, THE MUNICIPAL COURT MAY place said violator on probation for a period not to exceed twelve (12) months, or impose any other reasonable condition pursuant to law which the Municipal Court may deem proper. (Ord. 2009-1)

Sec. 2-5-240. Assessment of court costs.
Whenever the Municipal Court imposes any fine for any violation of any Town ordinance, in addition to any such fine or other sentence, the Municipal Court
SHALL also assess the following court costs: thirty dollars ($30.00). These court costs are in addition to and not in lieu of any applicable jury fees, witness fees,
deferred judgment fees, contempt fines, surcharges and/or appeal bonds. THESE COURT COSTS ALSO SHALL BE ADDED TO THE FINE AMOUNT DUE ON A PENALTY ASSESSMENT SUMMONS. THE COURT COSTS IMPOSED BY THIS SECTION SHALL BE MANDATORY, AND THE MUNICIPAL COURT SHALL NOT SUSPEND SAID SURCHARGE, IN WHOLE OR IN PART. (Ord. 2001-7 §1; Ord. 2007-4 §1, Ord. 2009-1)

Sec. 2-5-250. Surcharge.
In addition to any fines and costs assessed by the Municipal Judge, there shall be added and separately reported a fuel surcharge of three dollars ($3.00), provided that the total cost of the fine and surcharge shall not exceed the maximum fine provided for such violation by ordinance. This surcharge shall also be added to the fine amount due on a penalty assessment summons. The surcharge imposed by this Section shall be mandatory and the Municipal Court shall not suspend said surcharge, in whole or in part. (Ord. 2009-2)

Sec. 2-5-260. Victim and witness assistance and law enforcement surcharge.

(a) In addition to any fines, court costs and other surcharges assessed by the Municipal Court, a surcharge of seventeen dollars ($17.00) shall be levied upon conviction of any offense in the Municipal Court, provided that the surcharge shall not exceed thirty-seven percent (37%) of the total fines, court costs and other surcharges imposed. The surcharge shall be mandatory, and the Municipal Court shall not suspend such surcharge, in whole or in part, unless the Municipal Court determines that the defendant is indigent. (Revised by Ord. 2010-5)

(b) Monies collected pursuant to this Section shall be used for any of the following purposes, as determined necessary by the Town Council:

(1) Funding of a victim and witness assistance program;

(2) Temporary emergency assistance for victims and witnesses as determined by the Police Department;

(3) Training of employees and volunteers concerning victim and witness assistance; and

(4) Law enforcement purposes, including the purchase of equipment, training programs and additional personnel, but not including routine and ongoing operating expenses. (Ord. 97-3 §1; Ord. 2001-6 §1)

Sec. 2-5-270. Original jurisdiction.
The Municipal Court shall have original jurisdiction of all cases arising under the provisions of this Code and Town ordinances, with full power to punish violators thereof by the imposition of such fines and penalties as are prescribed by ordinance. (Ord. 2007-4 §1)

Sec. 2-5-280. Sessions generally.

(a) There shall be regular sessions of the Municipal Court for the trial of cases as may be fixed by the presiding judge. The Municipal Judge may hold special sessions of court at any time, including Sundays, holidays and night court. All sessions shall be open to the public.

(b) Where the nature of the case is such that it would be in the best interest of justice to exclude persons not directly connected with the proceedings, the Municipal Judge may order that the courtroom be cleared. (Ord. 2007-4 §1)

Sec. 2-5-290. Rules of procedure.
The procedures of the Municipal Court shall be in accordance with the Colorado Municipal Court Rules. In addition, the presiding judge shall have full power and authority to make and adopt rules and regulations for conducting the business of the Municipal Court, consistent with the Colorado Municipal Court Rules. (Ord. 2007-4 §1)

Sec. 2-5-300. Restraining orders.

(a) The Municipal Court shall have authority to issue temporary and permanent restraining orders to prevent domestic abuse, whether or not such relief could be obtained in a domestic relations action filed in district court.

(b) A temporary or permanent restraining order to prevent domestic abuse may include:

(1) Restraining a party from threatening, molesting, injuring or contacting any other party or
the minor children of either of the parties;

(2) Excluding a party from the family home upon a showing that physical or emotional harm
would otherwise result; or

(3) Excluding a party from the home of another party upon showing that physical or emotional
harm would otherwise result. (Ord. 2007-4 §1)

Division 3
Trial by Jury

Sec. 2-5-410. Right to jury trial; prerequisites; selection.
Any defendant charged with a code or ordinance offense shall have the right to a trial by jury if, within ten (10) days after arraignment or entry of plea, such defendant files with the Municipal Court a written jury demand and at the same time tenders to the Court a jury fee of twenty-five dollars ($25.00), unless the fee is waived by the Municipal Court because of the indigence of a defendant.
(Ord. 92-13)

Sec. 2-5-420. Number of jurors; effect of acquittal.
The jury shall consist of three (3) jurors unless a greater number, not to exceed six (6), is requested by the defendant in said jury demand. If the charge is dismissed or the defendant is acquitted of the charge in the Municipal Court, or if the defendant, having paid the jury fee, files with the court, at least ten (10) days prior to the scheduled trial date, a written waiver of jury trial, the jury fee shall be refunded. (Ord. 92-13)

Sec. 2-5-430. Jurors’ fees.
Jurors shall receive for attending Municipal Court six dollars ($6.00) per day, to be paid out of the general funds of the Town. (Ord. 92-13)

Sec. 2-5-440. Attachment for jurors; contempt for failure to appear.
In all cases where a person is summoned as a juror to try any case before the Municipal Court and fails to attend at the time and place appointed in such summons, the Municipal Court shall have the power to issue an attachment, directed to any police officer of the Town or the sheriff of the County,
commanding him or her forthwith to bring before such court the body of such juror so failing to attend, to show cause why he or she should not be punished for contempt. On the appearance of such juror on such attachment, it shall be lawful for the Municipal Court to punish him or her for contempt or wholly discharge him or her, if a satisfactory excuse is given. (Ord. 92-13)

Sec. 2-5-450. Discharge of partial or improper jurors; completion of incomplete juries.
If any juror summoned shall be interested in the event of the case or kin to a defendant, or shall have expressed his or her opinion on the matter about to be tried or shall, for any cause to be judged by the Municipal Judge, be considered as a partial or improper juror, the Municipal Judge shall discharge such juror. When, by such discharge or failure of any juror to attend, the jury shall not be complete, the Municipal Judge shall direct any police officer of the Town or the sheriff of the County to summon as many persons as shall be required to complete such jury, instantly, from among the bystanders or other persons in the Town, which summons shall be verbal. The person so summoned shall be bound to serve on such jury and, on refusal or failure to do so, may be attached and punished for contempt. (Ord. 92-13)

Sec. 2-5-460. Peremptory challenges.
In all cases arising under this Code or other ordinances of the Town wherein a jury trial is had, each party shall be entitled to three (3) peremptory challenges. (Ord. 92-13)

Sec. 2-5-470. Verdict and sentence.
Upon the jury returning its verdict of guilty, the Municipal Judge shall record the same and shall proceed to fix or determine the punishment or penalty and render judgment upon such verdict for the punishment or penalty so determined by him or her. However, if the jury returns a verdict of notguilty, the Municipal Judge shall record the same and shall discharge the defendant. (Ord. 92-13)

Updated 6/26/09