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HomeMy WebLinkAbout1070 Repealing & Re-enacting Ch. 2.44 of the Municipal Code Pertaining to the Municipal Court 12-10-2025ORDINANCE 107 AN ORDINANCE OF THE BOARD D OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING AND RE-ENACTING IN ITS ENTIRETY CHAPTER 2.44 OF THE FIRESTONE MUNICIPAL CODE, PERTAINING TO THE TOWN OF FIRESTONE MUNICIPAL COURT WHEREAS, the Town of Firestone ("Town") staff has determined that the current municipal court regulations in Chapter 2.44 of the Firestone Municipal Code ("Code") are outdated, inconsistent with best practices, and not fully aligned with the Town's present administrative procedures, and therefore require revision to improve administration; and WHEREAS, the Town Board of Trustees ("Hoard") seeks to replace Chapter 2.44 of Title 2 of the Code to achieve these improvements and believes the amendments will enhance both the clarity and administration of the municipal court regulations and their underlying objectives; and WHEREAS, the Town Board finds and declares that this ordinance promotes the public health, safety, and welfare of the community, including its citizens and residents. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 2.44, "Municipal Court" ofTitle 2 of the Firestone Municipal Code shall be repealed in its entirety and re-enacted to read in full as follows Chapter 2.44 — Municipal Court 2.44.010 — Jurisdiction; powers of the court; rules of procedure. A. Ihe municipal court shall have original jurisdiction over any action brought in the municipal court for any criminal fine or punishment or for any civil penalty or other civil order, including issuance of stop work orders, orders to show cause, or any other civil order authorized by this Code. The judge of the municipal court shall have all the express and implied judicial powers relating to the operation of the court, including the power and authority to issue civil protection orders as set forth in C.R.S. § 13-14-104.5, to impose fines and penalties of incarceration, the power and authority to accept pleas of deferred prosecution or impose deferred sentences and deferred judgments, the power and authority to issue sentences subject to conditions, and including contempt powers to enforce the court's orders; provided, however, that those judicial powers shall be subject to the United States Constitution, the Colorado Constitution, the applicable court rules of procedureColorado statutes when applicable, and this Code. P. In sentencing any person, the municipal judge shall not exceed the penalty or fine limitations established by ordinance or established by a fine schedule published pursuant to Rule 210(b)(5), Colorado Rules of Municipal Court Procedure, When not expressly prohibited, the municipal judge may suspend the whole or part of the jail sentence, civil penalty, or fine imposed upon any person, and may accept pleas of deferred prosecution and may impose sentences of deferred sentence and/or deferred judgement, all upon such lawful terms and conditions as may be approved and accepted by the court. In addition, the court may also include as part of the sentencing of any person that such person be placed on probation for a period not to exceed 12 months, be required to pay restitution to the victim for damages caused by such person. or he required to perform community service or other lawful terms and conditions as ordered by the municipal court judge. C. The municipal courts procedures shall be in accordance with the Colorado Rules of Municipal Court Procedure. D. The presiding municipal court judge shall have full power and authority to adopt and make rules and regulations for conducting the municipal court which are consistent with rules of procedure promulgated by the Colorado Supreme Court and with this Code. 2.44.020 — Sessions generally; record of proceedings. A There shall be regular sessions of the municipal court for the arraignment of defendants, the trial of cases and such other matters and proceedings as the business of the court may require. Such sessions shall be conducted no less frequently than once per month and shall be open to the public. B. The court shall be open during such hours as are set by the presiding Municipal Judge with the advice and consent of the Board of Trustees, provided, however, that the court shall be closed on weekends and local, state and nationalholidays except for special sessions held by the presiding municipal judge. C. "1 "he municipal court shall be a qualified municipal court of record. Either electronic devices or stenographic means shall be used to keep a erbatim record of the proceedings and evidence at trials. 2.44.030 Court costs; costs of care; costs of collection A. Whenever the municipal judge imposes any fine for any violation of an ordinance, in addition to any such fine or any other sentence, the municipal judge may also assess the costs against defendants as set by resolution of the Board of Trustees B. In addition to all other fines and costs that may be assessed against a defendant, the municipal judge may assess the cost of care against any defendant who is sentenced to a term of imprisonment, in accordance with applicable law. (1) "Cost of care" means the costs associated with maintaining an offender in custody as defined by Section 18-13-701(5)(a), C.R.S. C. Payment of anyf fines, costs and surcharges shall be due within fourteen (14) days after the date they are assessed by the municipal judge. In calculating this time period, the day upon which the fines, costs and surcharges are assessed shall not be included. Thereafter, every day shall be counted, including holidays, Saturdays and Sundays. In the event the last day is a Saturday. Sunday or legal holiday, the time period runs until the end of the next day which is not a Saturday. Sunday or legal holiday. The defendant against whom fines, costs and surcharges have been assessed may, upon approval of the municipal judge. extend payment beyond the fourteen -day period. In the event the municipal judge allows a defendant an extension of time for payment, the municipal judge shall assess an additional cost of thirty dollars ($30.00). D. For all appeals from decisions in the municipal court to the District Court, the court clerk shall require a transcript deposit in an amount set annually by the Board of Trustees, to be consistent with state law. The transcript deposit shall be applied against the actual preparation costs of the transcript incurred by the Town. If the preparation costs of the transcript are less than the transcript deposit, then the balance will be refunded to the requesting party by the court clerk; If the preparation costs of the transcript are more than the transcript deposit, the court clerk shall require the requesting party to supplement the deposit or pay the additional cost to prepare the transcript. The municipal judge may naive the transcript deposit and transcript preparation cost in all instances of proven indigence. The transcript deposit shall be refunded to the defendant if the judgment is set aside on appeal. F. To collect past due fines, penalties, costs, fees, surcharges, restitutions, the lTown may assign such accounts to a private collection agency,which shall be entitled to recover costs of collection in an amount not to exceed eighteen percent (1 %) of the aggregate amount of all` assigned account. 2.44.040 Community justice surcharge. In all actions where the defendant is found guilty, pleads guilty, or nob ti contendere (no contest), there shall be assessed against defendant an amount to be established by resolution of the Board of Trustees, as amended from time to time, upon any fine imposed by the court, which funds shall constitute a community justice surcharge with such funds to be used for fictimsassistance, police training programs and activities, and special units and assignments, including operational costs of such training programs, activities and special units and assignments, and nuisance abatement programs and activities. 2.44.050 — Municipal Judge —Appointment; oath; compensation; removal. A. The Board of Trustees, by resolution, shall appoint the presiding municipal judge to preside over the municipal court for an initial term of not less than two (2) years and, in its discretion, for subsequent term(s), the length of which shall be determined by the Board of Trustees. One or more assistant municipaljudge(s) may be appointed by the Board of Trustees for a term as necessary to transact the business of the court. Upon a vacancy in the position of the presiding municipal judge, the Board of Trustees can appoint a new presiding municipal judge for the remainder of the unexpired term. B. The presiding judge shall supervise and direct the courts operation. C. Before assuming the duties of his or her office, a municipal judge shall take an oath or affirmation to support and uphold the Constitutions of the United States and the State of Colorado and the ordinances of the Town and that he or she will faithfully perform the duties of the office. I. The compensation of the presiding municipal judge shall be in such amount and on such other terms as set by agreement entered into between the Town and the presiding municipal judge or by resolution of the Board of Trustees, as amended from time to time. The compensation of an assistant municipal judge shall be based on hours of service or number of court sessions served and shall be as set by resolution of the Board of Trustees, as amended from time to time, or as agreed to in writing executed by the Town and the assistant municipal judge. E. A municipal judge may be removed; by the Board of trustees during his or her term of office in accordance with Section 13 13-10-105, C.R.S., as amended. 2.44400 — Court ClerL A. the town manager shall assign an employee to serve as clerk of the municipal court, in consultation with the presiding municipal judge. whose duties shall be such duties as delegated to such person by law, court rule or the presiding municipal judge. T'he town manager or such person's designee retains the ultimate authority to manage the terms of the court clerk's employment, including the power to terminate the court clerk and to establish and amend his or her compensation, as determined by the Town through the budget. B. The Town waives the bonds required under Section l 3-l0 l 09CRS, as amended from time to time. Section 2. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision will not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts was declared unconstitutional or inva] id. Section 3. Violations of this ordinance shall be punishable in accordance with Section l .1 .0l 0 of the Municipal Code of the Town of Firestone, Colorado. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADO TI I ROVED, AND ORDERED PUBLISHED TITLE this d y of , 2025. l; F ORDO . D lion Cony c Jr., ayor ATT T:° t' Ti tar Tuna. CMC, Town; Clerk a t APR T a all Keith Ma ° , Town Attorney(