City of Evanston, WY
Uinta County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Evanston as Ch. 11 of the 1977 Code; amended in its entirety by Ord. No. 81-42. Subsequent amendments noted where applicable.]

§ 13-1 Created; municipal judge to preside; jurisdiction; court costs; change of venue; powers, duties and bond of municipal judge.

A. 
The municipal court of the City is hereby created, which shall be presided over by a municipal judge appointed by the mayor with the consent of the City council. The municipal judge has exclusive jurisdiction over all violations of this Code and other ordinances of the City, and it shall be his duty to hear and determine violations of ordinances and to impose fines not more than seven hundred fifty dollars or imprisonment not more than six months, or both, to which may be added costs.
B. 
Upon conviction of a violation of a provision of this Code or any other ordinance of the City, the municipal judge shall assess court costs of ten dollars, which shall be paid by the person convicted of the violation. All costs collected shall be turned in to the treasury of the City.
C. 
No change of venue shall be granted in any case arising under this Code or other ordinances of the City.
D. 
The municipal judge shall enforce due obedience to all orders, rules and judgments made by him. The judge has the same power as the district court in the issuance of any warrant, search warrant, subpoena or other necessary process and may fine or imprison for contempt offered to him or to process issued by him in the same manner and to the same extent as the district court.
The municipal judge shall be a conservator of the peace, and his court shall be open every day except Sundays to hear and determine all cases cognizable before him. No act shall be performed by the judge on Sundays, except to receive complaints, issue process and take bail.
E. 
The municipal judge shall give a bond to the City in an amount provided by ordinance of the City. The bond shall be conditioned on the performance of his duties in accordance with laws and ordinances of the City, including the duty to turn over to the parties entitled or as prescribed by ordinance of the City all money collected by him by virtue of his office.

§ 13-2 Fines and penalties to be deposited with City treasurer; report of cases; failure of municipal judge to comply with section.

All fines and penalties collected and arising from a breach of this Code or other City ordinances shall be deposited with the City treasurer, and the municipal judge shall report at the end of each calendar month a list of all cases for violations of this Code or other City ordinances instituted in his court and the disposition thereof, with a statement of the fines, penalties and costs received. At the end of each month the judge shall deposit with the City treasurer all fines, penalties and costs received. If the municipal judge fails to report and deposit all fines, penalties and costs for a period of twenty-five days, his office shall be declared vacant.

§ 13-3 Compensation of municipal judge.

The salary of the municipal judge shall not be less than six hundred dollars per annum, such amount to be set by the City council, payable monthly, and he shall receive no other fees or allowances in cases involving violations of this Code or other ordinances of the City.

§ 13-4 Complaints—Filing; form.

Actions for violations of this Code or other ordinances may be commenced by filing with the municipal judge a complaint under oath, made by the City attorney, any member of the police department or any responsible citizen of the City, stating the nature of the offense. Such complaint may be in the following form:
THE STATE OF WYOMING)
COUNTY OF UINTA           ) ss.
CITY OF EVANSTON          )
IN THE MUNICIPAL COURT
The City of Evanston             )
-vs-                                       ) Complaint
                                             )
Defendant
I, . . . . . . . . . . being duly sworn, on oath do hereby accuse the said . . . . . . . . . . for that he or she, . . . . . . . . . . the said defendant, . . . . . . . . . . on the . . . . . . . . . . day of . . . . . . . . . A.D. . . . . . . in the City of Evanston, County of Uinta and State of Wyoming, did then and there, (here state the offense in concise language) contrary to the form of Section . . . . . . of an Ordinance of the City of Evanston entitled, (here state the caption of the Ordinance) passed on the . . . . . . day of . . . . . . . . . ., A.D. . . . . . . ., by the City Council of the City of Evanston, in such case made and provided, and against the peace and dignity of the people of the City of Evanston.
Signed . . . . . . . . . . . .
Subscribed and sworn to before me this . . . . . . . . . day of . . . . . . . . . ., A.D. . . . . . ..
. . . . . . . . . . . . . . . . .
Municipal Judge

§ 13-5 Same—Defects in form.

No action before the municipal judge shall be dismissed for any defect of form in a complaint, if it substantially sets forth the nature of the violation alleged so as to give the defendant notice of the charge which he is required to answer, and such complaint may include several persons charged with the same offense.

§ 13-6 Warrants.

A. 
Upon the filing of a complaint, the municipal judge shall enter the case on his docket in the usual manner as required by law and shall issue a warrant which may be in the form pursuant to Form No. 2, Wyoming Rules of Criminal Procedure for Municipal Courts.
B. 
When a person is brought before the municipal judge upon warrant, the judge shall hear and determine the complaint alleged against the defendant.

§ 13-7 Arrests made without warrants to be treated as if warrants issued.

Whenever any person has been arrested on view, or otherwise according to law, without a warrant, the municipal judge shall enter in his docket the fact of his arrest and by whom made and shall hear and determine such charge as if a warrant had been issued.

§ 13-8 Appearance bond—Generally.

Any person arrested for any offense under any provision of this Code or any other ordinance of the City may be admitted to bail by executing a bond to the City, with good and sufficient surety, to be approved by the municipal judge, in such reasonable sum as the municipal judge shall fix and direct, conditioned that he will appear upon a day therein named before the municipal judge and answer the accusation for which he has been arrested, and not depart the court without leave. Such bond shall be approved by the municipal judge and filed in his office. Such bond may be in a form pursuant to Form No. 5, Wyoming Rules of Criminal Procedure for Municipal Courts.

§ 13-9 Same—Failure of principal to appear or comply with requirements; disposition of cases not cognizable before municipal judge.

A. 
If the principal in the bond required by section 13-8 shall fail to appear according to the condition of the bond, or appearing, shall depart the court without leave, the municipal judge shall note the fact upon the bond and issue a summons, in behalf of the City, against the parties liable thereon. Upon trial of such causes, the same defenses shall be allowed that are allowed under the general laws of the state in like cases before justices of the peace.
B. 
If the principal fails to appear or comply with all the requirements of the bond, the municipal judge shall, if there are no mitigating circumstances, declare the bond forfeited and order the cash deposited into the general fund of the treasury of the City. If it appears to the judge that the accused is triable for an offense not cognizable before the judge, the judge shall halt further proceedings and proceed as in other cases exclusively cognizable before the district court.

§ 13-10 Conduct of trials generally; appeals; postponement.

A. 
There shall be no right to demand a jury trial in the municipal court unless a jail sentence is to be imposed upon conviction; but in all other respects, except as otherwise provided, the trial shall be conducted in like manner as criminal cases are tried before justices of the peace.
B. 
Appeals to the district court shall be allowed in all cases as now provided by law for appeals from justices of the peace.
C. 
If a person charged with a violation of a provision of this Code or other City ordinance is held to appear for examination or trial before the municipal judge, the judge may postpone the trial of the case to a certain day. The judge may require the defendant to enter into a recognizance with sufficient sureties conditioned that he will appear before the judge at the time and place appointed to answer the complaint alleged against him.

§ 13-11 Rendition of judgment and assessment of punishment; confinement for neglect or refusal to pay judgment; production of sureties and confession of judgment; punishment for contempt.

A. 
If the defendant is found guilty, the municipal judge shall declare and assess punishment and render judgment accordingly.
B. 
Upon the rendition of judgment against any defendant for the violation of any provision of this Code or any other ordinance of the City, the municipal judge shall make an order, and enter the same on his docket, that if the defendant shall neglect or refuse to satisfy such judgment and costs of suit, he shall be confined in the City jail as ordered by the municipal judge.
C. 
In any prosecution for violation of any provision of this Code or any other ordinance, the defendant may produce before the municipal judge one or more sureties to the satisfaction of the judge, which sureties shall, with the defendant, confess a judgment for the amount of the fine or penalty imposed including costs of suit. The judge shall enter the confession of judgment in the docket and render judgment accordingly in the name of the state for the amount of the fine and costs. If the judgment is not paid within ninety days from the date of the confession, the municipal judge shall issue execution and collect the amount of the fine or penalty and costs in the manner provided by law for collecting judgment by execution in justice of the peace courts.
D. 
The municipal judge shall punish for contempt in the same manner as a justice of the peace.

§ 13-12 State law to govern in cases not covered by ordinances; City may provide additional rules of procedure.

The municipal judge and chief of police in all matters pertaining to the duties of their respective offices in judicial proceedings, and concerning which there are no specific provisions by this Code or other ordinances of the City, shall be governed by the laws of the state regulating the practice and proceedings in cases before justices of the peace and constables, so far as the same may be applicable. The City may by ordinance provide any additional rules of procedure found necessary for the proper conduct of municipal courts; provided, that these rules do not conflict with the general laws of the state.

§ 13-13 Compliance with state rules of procedure.

At all trials before any municipal judge in the City, the trial shall be conducted in accordance with the Wyoming Rules of Criminal Procedure for Justice of the Peace Courts and Municipal Courts.

§ 13-14 Use of auxiliary aids for deaf or hard of hearing.

[Added 9-7-2004 by Ord. No. 04-10]
A. 
It shall be the policy of the Municipal Court that a party, witness, juror, or qualified spectator, who is deaf or hard of hearing, shall not be denied an equal opportunity to participate in, or benefit from, the services, programs, or activities of the Court because of the participant's disability or because of the need for interpreting services. Upon receiving 48 hours of advance notice, the Court shall provide, at City expense, appropriate auxiliary aids and services when necessary to provide effective communication. In determining what type of auxiliary aid and service is necessary, the Court shall give primary consideration to the requests of the individual with a disability. Auxiliary aids and services shall include, but not be limited to, qualified interpreters, assistive listening devices or real-time transcription services.
B. 
The policy and procedure set forth above does not apply when the Court determines that the provision of auxiliary aid or service would create an undue financial or administrative burden or a fundamental alteration in the nature of the service, program, or activity conducted by the Court. If the Court determines that the provision of a particular auxiliary aid or service would create an undue financial or administrative burden or result in a fundamental alteration in the nature of the service, program, or activity conducted by the Court, the Court shall take any other action that would not result in such a burden or such an alteration but would, to the fullest extent possible, enable the individual with a disability to receive the benefits or services provided by the Court.
C. 
The Clerk of Court is hereby designated as the Court's contact who will know the sources of auxiliary aids and services (qualified interpreters, assistive listening devices, real-time transcription) and the procedures for acquiring these. The Clerk of Court will also serve as a resource for members of the public, as well as other employees, who have questions regarding the Court's programs and services for individuals with disabilities.
D. 
The City shall post a copy of this policy in conspicuous locations, including but not limited to the Court Clerk's office, advising individuals with disabilities of the procedures to make a request for an auxiliary aid or service, and listing the name, address and telephone number of the Court's contact person.
E. 
Official notices of court dates, including but not limited to summonses, pretrial and other similar notices, shall provide notice that if a person with a hearing impairment needs an auxiliary aid or service, he or she should call the Court's contact person (name and telephone number provided) through the Wyoming Relay Service. The contact person shall be proficient in the use of the relay system.