Chapter V, Section II - Procedure

Sec. 5-2-1.    Rules of procedure.

Any rules of procedure contained herein or promulgated by the Municipal Judge that conflict with the Rules of Procedure for Municipal Courts as promulgated by the Supreme Court of the State shall be invalid and of no force and effect.

Sec. 5-2-2.    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 as plaintiff against the person who is alleged to have violated the ordinances as defendant, and shall be commenced by the filing of a complaint or by the issuance of a summons or citation, or by both summons and a complaint.  Each act or series of related acts committed by the same person, constituting a violation of any of the provisions of this Code, may be consolidated for the purpose of filing a complaint, issuing and serving summons and subpoenas, trial and appeal, but the Judge shall impose a separate fine or penalty for each offense of which the defendant is convicted.

Sec. 5-2-3.    Content of complaint or summons; warrant; subpoena.

1. Every complaint or summons shall state the name of the defendant, the number of the chapter and section alleged to have been violated, the type of offense to which each of said sections relates, the date and place of each alleged violation, that the defendant is known or believed to have committed such offense and that the defendant is required to appear to answer the charge on a date and at a time and place designated in the complaint or summons.  The complaint or summons, except as provided herein, shall be signed by the person alleging the violation and the complaint shall be verified by the complainant unless he is a police officer or a member of the personnel of the Court acting in his or her official capacity.  Each complaint shall state the name of the defendant, the section and chapter alleged to have been violated, the date and place of the alleged violation, and that the defendant is alleged to have committed the offense.  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 in the subpoena.
2. It shall be sufficient to charge a violation of the provisions of this Code in any summons or complaint by reference to the section and subsection, if any, providing for such violation.
3. Upon the filing of a verified complaint by a person not a police officer, or a member of the personnel of the Court acting in his or her official capacity, the Judge, Court Clerk or any authorized agent of the Court may issue a summons, or the Judge may issue a warrant against the defendant named in the complaint.

Sec. 5-2-4.    Witnesses.

The defendant and the Town shall be entitled to compel the attendance of any witness subject to the jurisdiction of the Municipal Court.  Upon a written request to the Municipal Court for the attendance of a witness or witnesses subject to the jurisdiction of the Court, there shall be served upon such witness a subpoena compelling his or her attendance at a given time in the Municipal Court for the purpose of giving testimony.

Sec. 5-2-5.    Deliverance of summons or subpoena.

1. Any summons or subpoena issued in accordance with this Chapter shall be served in any case by any police officer in the Town or in any particular case by any person specifically designated by the Court for that purpose.
2. Any person who shall fail to appear in response to any summons or subpoena served on him or her shall be guilty of a violation of this Chapter and upon conviction shall be fined in an amount of not more than three hundred dollars (0.00) or imprisoned for a period not exceeding ninety (90) days, or by both such fine and imprisonment.

Sec. 5-2-6.    Defects and objections as to form of summons.

No objection to the form of any summons or complaint shall be considered by the Court because of any defect unless such objection was made by the defendant prior to trial of the case on its merit, but trial of the case on its merits shall not waive any objection theretofore made.

Sec. 5-2-7.    Bond may be given.

Every person arrested for a violation of the provisions of this Code shall have the right to be taken before a Municipal Court or a Judge thereof, or the Chief of Police or a police officer designated by the Chief of Police, and to be admitted to bail on his or her executing a cash surety or recognizance bond conditioned that he or she will appear on a day and hour therein mentioned before the Municipal Court and not depart the Court, which bond shall be in an amount adjudged sufficient by said Judge or officer to ensure the appearance of the defendant.  Such bond shall be approved by one (1) of the Judges of the Municipal Court and an entry of the filing thereof shall be made in the court docket.

Sec. 5-2-8.    Forfeiture of bond.

In case any defendant in any case before the Municipal Court shall fail to appear according to the terms, requirement and conditions of his or her bond for appearance or having appeared shall depart the Court without leave, the bond shall automatically be forfeited.

Sec. 5-2-9.    Surety liable; proceedings commenced.

Where a surety bond is forfeited, the surety on said bond shall pay the amount of the bond into the Municipal Court upon the date of forfeiture.  Failure of surety to satisfy a bond forfeiture shall result in proceedings being instituted in a court of competent jurisdiction in the name and on behalf of the Town for recovery of the penalty of such bond named.  The surety shall have the right to apply to the Municipal Court, in open court, within thirty (30) days from the date of forfeiture for a return of the whole or a part of the bond amount paid to the Municipal Court.  Said application shall be in writing and shall be supported by affidavit setting forth the grounds for the demand.  If good cause is shown by the surety for the return of the whole or a part of the bond amount, the Municipal Judge shall in open court order the return to the surety of the amount determined by the Municipal Judge to be due surety.  The surety shall have the right to institute a claim against the Town in a court of competent jurisdiction for recovery of any bond payment believed to be wrongfully held.

Sec. 5-2-10.    Default.

When any defendant, duly summoned or admitted to bail, fails to appear at the time his or her case is made returnable or set for trial, the Municipal Judge may issue a warrant for the arrest of the defendant, or the Municipal Judge may hear and examine the testimony offered on the part of the Town and may render judgment thereupon by default against the defendant, and in such amount under the provisions of this Code as the Court may deem just.

Sec. 5-2-11.    Session open to public; exceptions.

All cases in Municipal Court shall be open to the public; provided, however, that where the type of offense charged and the nature of the case are such that it would be to the best interests of the witnesses and/or defendant to exclude all persons not directly connected with the case, the Municipal Judge may order that the court be cleared of all persons not so directly connected with the case except qualified representatives of news agencies.  This decision shall be solely in the discretion of the Municipal Judge.

Sec. 5-2-12.    Explanation of defendant's rights.

At the beginning of each court session, the Municipal Judge shall explain to defendants their rights in Municipal Court, as well as the order of trial, provided, however, that this may be done by pamphlet distributed to each defendant.

Sec. 5-2-13.    Continuance.

A person who is duly summoned, who cannot be tried on account of the absence of witnesses or for any other good and sufficient cause, may request in open court a continuance of his or her case.  The Municipal Judge may continue the matter upon terms set by him or her.  Additional continuances may be granted upon application of the defendant or his or her attorney.  However, in no case shall the total continuances exceed thirty (30) days, unless is appears to the Municipal Judge that extreme hardship will result.  Where a person on appearance is on bond and a continuance is requested, the Municipal Judge shall have the power to continue the bond for a period of the continuance.  Nothing herein shall affect the right of the Town Attorney to request a continuance.

Sec. 5-2-14.    Execution.

Every person against whom any fine or penalty shall be assessed under the laws of the Town, who shall refuse or neglect to pay the same when demanded, may be committed in default thereof to the Town or County jail or such other enclosure as may from time to time be designated by the Board as a lawful place for the detention of Town prisoners, under the direction of the proper officers, until said fine and penalty is fully paid and said satisfaction to be allowed at the rate of three dollars (.00) per day of twenty-four (24) hours, or as in accordance with state law.  Any such person may be required to do any reasonable work; provided, however, that no single term of imprisonment shall exceed ninety (90) days.  The Municipal Court shall discharge such person from further imprisonment for such fine when it shall be made satisfactorily to appear to the Judge that such person has no estate whatever wherewith to pay such fine.

Sec. 5-2-15.    Stay.

In the discretion of the Municipal Judge, a stay of execution may be granted to enable a defendant, on good cause, to pay a fine or penalty at a later date or in installments.  There shall be no charge for the first stay, which may be granted for up to one (1) week.  For each extension of time requested thereafter by a defendant, there shall be imposed a ten-dollar administrative charge.  In the event that a defendant does not meet the terms of the stay of execution as required by the Court, then the Court may impose an additional penalty in the form of either a fine or jail sentence or both.  (Ord. 458 §2, 1996)

Sec. 5-2-16.    Sentence suspended.

The Municipal Judge is hereby authorized to suspend the payment of any fine, or any part thereof, assessed for a violation of this Code or any ordinance, and he or she may suspend all or any part of any jail sentence imposed for such a violation.  He or she may impose reasonable conditions upon such suspension and revoke such suspension and reinstate the sentence for a violation of such conditions.

Sec. 5-2-17.    Fines paid to Town Treasurer.

All fines or other monies collected in the Municipal Court for the violation of this Code or any of the ordinances of the Town shall be reported by the Judge and paid to the Town Treasurer each month.

Sec. 5-2-18.    Surcharge on municipal fines.

1. After determining the appropriate fine for each person who is convicted of violating an ordinance of the Town, the Municipal Judge shall add thereto a surcharge in the amount of ten dollars (.00).  The total fine, including the amount of the additional surcharge, shall not exceed one thousand dollars (,000.00).
2. All proceeds generated by the surcharge on fines shall be paid into a special revenue account of the Town.  Of each such surcharge, five dollars (.00) shall be distributed to the Weld County Drug Task Force and five dollars (.00) shall be used for law enforcement training.  (Ord. 409 §1, 1989; Ord. 458 §1, 1996; Ord. 462 §1, 1996)

Sec. 5-2-19.    Municipal Court costs.

The Municipal Judge is empowered in his or her discretion to assess costs against any defendant who pleads guilty or nolo contendere or who enters a plea agreement or who, after trial, is found guilty of an ordinance violation.  Such costs shall be twenty dollars (.00) for any proceedings other than a trial by jury, and for a trial by jury such costs shall be forty-five dollars (.00).  (Ord. 424 §1, 1992)

Sec. 5-2-20.    Procedures for juvenile offenders.

The Judge of the Municipal Court may promulgate such rules or orders regarding the procedural processing of minor offenders appearing before the Municipal Court as he or she may, from time to time, deem appropriate.  (Ord. 435 §2, 1993)