HomeMy WebLinkAboutordinance.council.012-70RECORD OF PROCEEDINGS ~oo L£AV£S
ORDINANCE NO.
(Series of 1970)
AN ORDINANCE REPEALING AND RE-ENACTING, AS AMENDED, CERTAIN
SECTIONS OF CHAPTER 17, TITLE I OF THE OFFICIAL CODE OF THE
CITY OF ASPEN, PERTAINING TO THE MUNICIPAL COURT AND
MUNICIPAL JUDGE AND PROVIDING THAT THE MUNICIPAL COURT SHALL
BE A COURT OF RECORD, AND HEREBY DECLARING AN EMERGENCY TO
EXIST.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That pursuant to the enabling provisions of Chapter
107 of the Session Laws of Colorado, 1969, Sections of
Chapter 17, Title I of the Official Code of the City of
Aspen are repealed and re-enacted and amended to provide
that the Municipal Court of the City of Aspen be a qualified
municipal Court of record:
Section 1: Section 1, Chapter 17 of Title I of the
Official Code of the City of Aspen, entitled "Definitions"
is hereby amended by the addition to the definition "Muni-
cipal Court", to read as follows:
"1-17-1: DEFINITIONS: The term "Municipal
Court" as used in this Chapter shall mean the same thing as
Police Magistrate Court or Police Court, and further shall
mean a qualified municipal court of record. The term "Muni-
cipal Judge" as used in this Chapter shall mean the same as
Police Magistrate or Police Judge."
Section 2:
Official Code of the
as follows:
Section 2, Chapter 17 of Title I of the
City of Aspen is hereby amended to read
"1-17-2: JURISDICTION; MUNICIPAL JUDGE QUALIFICATIONS
The Municipal Court hereby created shall
have jurisdiction to hear and determine all cases arising under
the laws of the City with full power to carry the same into effect
and to punish violations thereof by the imposition of such fines
and penalties as in said law provided. The Court shall have
the power to compel the attendance of witnesses and to punish
for contempt of said Court by fine, not to exceed Fifty Dollars
($50.00),or jail sentence not to exceed five (5) days, or both;
enforce its orders and judgments as provided by general law; and
render final judgment on any bond or recognizance returnable to
such Court subject to appeal as in other cases. Cash bonds may
be provided for or taken in lieu of proper individual or corporate
RECORD OF' PROCEEDINGS ~oo LEAV£S
surety bonds. The Municipal Judge of the City of Aspen shall
have been admitted to, and currently licensed in, the prac-
tice of law in the State of Colorado. Said Municipal Court
shall be a qualified municipal court of record, and a verbatim
record of the proceeding and evidence at trials therein shall
be kept by either electronic devices or stenographic means."
Section 3:
Official Code of the
as follows:
Section 3, Chapter 17 of Title I of the
City of Aspen is hereby amended to read
"1-17-3: CITY AS PLAINTIFF; ACTION: An action
for the violation of a law of the City shall be brought in the
name of the City of Aspen, Colorado, by and on behalf of the
People of the State of Colorado, as plaintiff against the per-
son who is alleged to have violated the ordinance as defendant,
and shall be commenced by the filing of a complaint or by the
issuance of a summons or citation, or by both a summons and
complaint."
Section 4: The Official Code of the City of Aspen
is hereby amended by adding a section to be numbered 1-17-29,
which section shall read as follows:
"1-17-29: APPEALS: From all judgments of the
Municipal Court of the City, appeals may be made to the
District Court for the Ninth Judicial District. The practice
and procedure in said case shall be the same as provided in
Sections 37-15-10 and 37-17-15, Colorado Revised Statutes,
1963 as amended, and applicable rules of procedure, for the
appeal of misdemeanor convictions from the County Court to
the District Court."
Section 5: That all other sections of Chapter 17,
Title I of the Official Code of the City of Aspen, are here-
by ratified and confirmed, provided that no rule of procedure
promulgated by the Supreme Court of the State of Colorado
is hereby superseded.
Section 6: In the opinion of the City Council of the
City of Aspen, Colorado, this Ordinance is necessary for
the immediate protection and preservation of the public health,
safety, convenience and general welfare, and it is enacted for
that purpose and shall be in full force and effect five (5)
days after its passage and final publication and declaring
an emergency to exist.
INTRODUCED, READ AND ORDERED published as provided by
law by the City Council of the City of Aspen, Colorado, at its
-2-
RECORD OF PROCEEDINGS ~oo LEAV£5
regular meeting held at
of ~~
, 1970.
ATTEST: ~/~z~_~./
CITY CLERK
the City of Aspen on the /~
day
day of ~?
FINALLY adopted, passed and approved on the
, 1970.
ATTEST:
CITY CLERK
//
-3-
STATE OF C~LORADO)
) ss
COUNTY OF PITKIN )
, ~I, Lorraine Graves,
CERTIFICATE
City Cleric of Aspen, Colora~o,
do hereby certify that the above and forefoing ordinance was
introduced, read in full, and ~assed on first
reading at a regular meeting of the City Council of the
City of As~en on April 13 ~1~70 , and nublish-
ed in the Aspen Times~ a weekly newsganer of ~eneral ci-'cul-
ation, 9ublished in the City of Ashen, Colorado, in its
issue of April 16 , 1~70 , an~ was finally
adopted and aD~ro~e~ at a regular meeting of the City
,1970 ,and ordered ~ublished
Series of 1~70 ~ of sai~ City, as
I have hereunto set my hand and
of said City of Asmen~ Colorado, this 12th
May .~ 1'~7 ~ .
Council on May 11
as Ordinance No. 12
~rovided by law.
IN WITNESS %JHEREOF,
the seal
day of
SEAL
~----L~rraine Graves, City Clerk