Chapter V, Section I - Creation, Composition and Jurisdiction

Sec. 5-1-1.    Definitions.

As used in this Article, the following terms shall have the following meanings:
Municipal Court.  The term Municipal Court shall mean a "Qualified Municipal Court of Record" as defined under Section 13-10-102(3), C.R.S.
Municipal Judge.  The term Municipal Judge shall mean the judge appointed by the Town Board to preside over Municipal Court.  (Ord. 419 §1, 1991)

Sec. 5-1-2.    Municipal Court created.

A Municipal Court in and for the Town is hereby created and established, as a qualified municipal court of record as defined in Section 13-10-102(3), C.R.S.  (Ord. 419 §2, 1991)

Sec. 5-1-3.    Appropriations.

The Board of Trustees shall annually appropriate an amount sufficient to pay for the costs anticipated for the operation of Municipal Court.  (Ord. 419 §3, 1991)

Sec. 5-1-4.    Municipal Judge, appointment.

The Municipal Court shall be presided over by a presiding Municipal Judge, appointed by the Board after each biennial election.  The Municipal Judge shall perform no other duties during the hours that Court is in session except such as may be approved by the Board on motion or resolution.  The Board may appoint additional judges from time to time as may be needed to transact the business of the Court or to preside in the absence of the Presiding Judge.  The Presiding Judge shall supervise and direct the Court's operations.  The Municipal Judge shall hold office at the pleasure of the Board.

Sec. 5-1-5.    Qualification.

The Board may, by ordinance or resolution duly considered and adopted, establish from time to time such qualifications for the office of Municipal Judge as it may deem fit and proper and consistent with the procurement of persons of judicial temperament and ability.  The Municipal Judge shall be a resident of the County, and be admitted to and currently licensed in the practice of law in the State. (Ord. 419 §4, 1991)

Sec. 5-1-6.    Oath and bond.

Before entering upon the duties of his or her office, the Municipal Judge shall take and subscribe before a judge of a court of record, and file with the Board, an oath or affirmation that he or she will support the Constitution of the United States, the Constitution and laws of the State of Colorado and the ordinances of the Town and will faithfully perform the duties of his or her office.

Sec. 5-1-7.    Salary.

The annual salary of the Municipal Judge shall be set by the Board and payable as other salaries to municipal employees.  The Board shall from time to time budget and appropriate monies necessary for the compensation of the Municipal Judge.

Sec. 5-1-8.    Presiding Judge's powers.

The Presiding Municipal Judge shall have full power and authority to make and adopt rules and regulations for conducting the business of the Municipal Court.

Sec. 5-1-9.    Municipal Court Clerk.

The Judge shall appoint a Clerk of the Municipal Court with the consent of the Board.  The Municipal Court Clerk shall give bond to the Town in the amount of two thousand five hundred dollars (,500.00) which shall be approved by the Board and be conditioned on the faithful performance of the duties of the office of the Municipal Court Clerk, and for the faithful accounting for and payment of all monies coming into his or her hands by virtue of said office.

Sec. 5-1-10.    Acting Municipal Judge.

In case of the temporary absence, sickness or other inability of the Municipal Judge to act, the Mayor may appoint some competent person to act as such Municipal Judge until the disability of the Municipal Judge is removed.  Such appointment must be in writing.

Sec. 5-1-11.    Jurisdiction and powers of Court.

The Municipal Court shall have original jurisdiction of all cases arising under this Code and other ordinances of the Town, with full power to carry the same into effect and to punish violations thereof by the imposition of such fines and penalties as are in such ordinances provided; it shall have power to compel attendance of witnesses and to punish for contempt of such court by fine, not to exceed one hundred dollars (0.00), or by jail sentence not to exceed five (5) days, and shall have all powers incident to a court of record in relation to same.

Sec. 5-1-12.    Examine complaints; file reports.

The Municipal Judge 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 or she shall file yearly reports with the Town Administrator of all monies collected by him or her, either in the way of fine or otherwise, and shall on the last day of each month pay to the Town Treasurer all monies in his or her hands; the reports shall state the number of cases filed in his or her court, how the same were disposed of and other matters of information concerning his or her office.

Sec. 5-1-13.    Sessions of Court.

There shall be regular sessions of Court for the trial of cases and the Municipal Judge shall hear and determine complaints for the violation of any Town ordinances where there is probable cause to believe that an offense has been committed; provided, however, that it shall be lawful for the Municipal Judge to hold a special session of court at any time, including night court, if in the discretion of the Judge a special session is deemed advisable.

Sec. 5-1-14.    Hours.

The Court shall be open during such hours as are set by the Municipal Judge.  The Municipal Court shall be closed on Sundays and holidays except for special sessions.