4800 West 92nd Avenue Westminster, CO 80031

City Government

 

City Charter - Chapter XVI

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Municipal Court

Section 16.1.  Municipal Court.

       There shall be a Municipal Court which shall have jurisdiction to hear and determine all cases arising under this Charter or the ordinances of the City.  The Municipal Court shall be a court of record, and its judgments shall be subject to appeal in the method established by Colorado statutes for courts of record.  The Court may punish contempt of court by fine, or by imprisonment, or both, within the limits set by the City Council by ordinance; may enforce its orders and judgments in like manner as a court of record may do, and as provided by general law; and may render final judgment on any forfeited bonds or recognizance returnable to such court subject to appeal as in other cases.  Cash bonds may be provided for or taken in lieu of property, individual or corporate surety bonds.  (As amended 11-5-85)

Section 16.2.  Presiding Officer: Qualifications and Compensation.

       The Municipal Court shall be presided over, and its functions exercised by a judge, who shall be a licensed member of the Bar of this State in good standing, appointed by the City Council, for a term to be at the pleasure of the Council.  He shall receive a fixed salary or compensation, not dependent upon the outcome of the matters to be decided by him, and to be fixed by ordinance from time to time.  If absent, disqualified or unable to act in any matter or case, the Municipal Judge may call any eligible person to act and serve temporarily; and if he fails to or cannot call in a substitute, the Council shall appoint a substitute.

       The Council shall provide a suitable place and all supplies and things necessary for the proper functioning of the court.

       The forms of complaints and all other rules, procedure, proceedings, costs and fees in the Municipal Court shall be prescribed by ordinance, upon the recommendation of the Municipal Judge.

Section 16.3.  Penalty for Violations.

       The Council may provide for the enforcement of its ordinances by fine or imprisonment or both; the maximum penalty for violation of City ordinances shall be set by the Council by ordinance.  (As amended 11-5-85)

Section 16.4.  Violations Bureau.

       The Council shall have power and authority to establish by ordinance a Violations Bureau within the Court for the handling of such violations of ordinances and regulations of the City, or parts thereof, as prescribed in the ordinance establishing such bureau.  Any person who has received any notice to appear in answer to a charge of violating any of such ordinances may within the time specified in the notice of such charge answer at the Violations Bureau to the charges set forth in such notice by paying a fine, pleading guilty, in writing, to the charge, waiving a hearing in Court and giving power of attorney to make such a pleas and pay such fine in Court.  Acceptance of the prescribed fine and the power of attorney by the Bureau shall be deemed to be complete satisfaction for the violation, and the violator shall be given a receipt which so states.  The creation of such a bureau shall not operate so as to deprive any person of a full and impartial hearing in Court should such person so choose.

 

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