[HISTORY: Adopted by the Town Council of
the Town of Pinedale 1983 by Ord.
No. 115 (Ch. 2.16 of the 1983 Municipal Code). Amendments
noted where applicable.]
[Amended 1984 by Ord. No. 163; 1993 by Ord. No. 230]
A.
The office of Municipal Judge is created in and for
the Town. The Municipal Judge shall have jurisdiction to hear, try
and determine all cases arising under the ordinances of the Town and
shall conduct trials and hearings, enter judgments, sentence, fine
and imprison as provided by law. Practice before the Municipal Court
shall be governed by the Wyoming Rules of Criminal Procedure, and
such other rules of procedure as the Town may establish.
B.
The office of Alternate Municipal Judge is created
in and for the Town. The Alternate Municipal Judge shall have the
same jurisdiction as the Municipal Judge and shall hear, try and determine
all cases when the Municipal Judge has recused or been disqualified,
when the Municipal Judge is unavailable or suffering from a disability,
or whenever assigned to preside by the Municipal Judge.
C.
The Municipal Judge, as well as any Alternate Judge,
shall be appointed by the Mayor, with concurrence of a majority of
the Town Council. Any Municipal Judge or alternate may be dismissed
for cause by the Mayor, with concurrence of a majority of the Town
Council.
D.
The Municipal Judge and Alternate Judges shall be
qualified electors of the state.
E.
The Municipal Judge and Alternate Municipal Judges
shall be entitled to such compensation as provided by the ordinances
of the Town.
Before entering upon the discharge of the duties
of the office, each Municipal Judge will subscribe an oath or affirmation
to honestly and faithfully perform and discharge the duties of such
office and shall, in addition, give bond to the Town in the sum of
$1,000.
[Amended 8-23-2010 by Ord. No. 461]
Any person convicted before the Municipal Judge
shall be punished by such fine as may be defined by ordinance; provided
that no fine shall be greater than $750, to which may be added court
costs. Imprisonment may be imposed if it is specifically authorized
in a particular ordinance. The Municipal Judge shall have the same
power to punish for contempt as a Circuit Court Judge. The Municipal
Judge shall have the discretion to permit those persons convicted
to perform work and services for the Town to be applied in payment
of fine and imprisonment.[1]
[1]
Editor's Note: Original Sec. 2.16.040, which
previously followed this section, was repealed in 1993 by Ord. No.
228.
An appeal from the judgment or sentence of the
Municipal Court shall be taken to the District Court in and for the
county in the same manner as now provided by the law governing appeal
from the Justice of the Peace Courts in all cases.
All fines and penalties collected, arising out
of any breach of any provision of the ordinances of the Town, shall,
on a monthly basis, be paid into the Town treasury by the Municipal
Judge collecting the same.
[Amended 8-23-2010 by Ord. No. 461; 12-10-2012 by Ord. No. 493]
Such Municipal Judge shall present a monthly
report to the Town Council at a regular meeting thereof of all cases
that may have come before him, the disposition of the same and all
fines collected during the preceding month.
[Amended 9-12-2016 by Ord. No. 582]
Upon appointment to the position of Municipal
Judge or Town Clerk-Treasurer, such officer shall also be empowered
to attest to statements and sworn affidavits as may be required in
the performance of his/her duties.
[Added 1984 by Ord. No. 136]
A.
Any person charged with violating any provisions of
the Pinedale Municipal Code, who fails to appear in Municipal Court
as scheduled, after:
(1)
Signing a written promise to appear on the date scheduled;
or
(2)
Executing an appearance bond guaranteeing a court
appearance on the date indicated; or
(3)
Requesting and obtaining from the Court a continuance
to another date; or
(4)
Being served (personally or by certified mail) with
a summons to appear; or
(5)
Having been ordered to appear in Municipal Court;
