The municipal court shall have jurisdiction to hear and determine
all suits and actions for violation of any of the provisions of this
Code or other municipal ordinances, or for violations of the Home
Rule Charter.
(Ord. No. 83-1, § 1, 2-1-83)
Actions for violations of the provisions of this Code or any
other municipal ordinance or the Home Rule Charter shall be governed
by the requirements of the municipal court rules of procedure, as
the same have been promulgated or may hereafter be amended by the
Colorado Supreme Court, and by those statutes of the state not in
conflict with the terms of this chapter.
(Ord. No. 83-1, § 1, 2-1-83)
The municipal court judge and municipal court clerk are hereby
charged with the responsibility and duty of keeping a verbatim record
of the proceedings and evidence at trials or other proceedings of
the town by means of electric recording devices. The council shall
provide all materials and facilities necessary for the keeping of
such verbatim record.
(Ord. No. 83-1, § 1, 2-1-83)
The council hereby establishes the position of municipal court
clerk, who shall be appointed by the municipal court judge. The municipal
court clerk shall have such duties as are delegated to him/her by
law, court ruling or the municipal judge. The municipal court clerk
may serve without posting any bond whatsoever.
(Ord. No. 83-1, § 1, 2-1-83)
The municipal court judge is empowered and directed to assess
court costs against any defendant who is found guilty of an ordinance
violation, or Town Charter violation, either after a plea of guilty
or nolo contendere, or who enters into a plea agreement, or who, after
trial, is found guilty of an ordinance or charter violation in the
amount designated by the Town Council by resolution.
(Ord. No. 83-1, § 1, 2-1-83; Ord. No. 92-1, § 1, 2-18-92; Ord. No. 14-5, § 3, 9-2-14)
All fines, forfeitures, penalties and costs collected for violations
of any of the provisions of this Code, other municipal ordinances,
or the Town Charter shall, as soon as collected, be paid to the town
treasurer by the municipal court clerk or municipal court judge. The
town treasurer shall make and deliver to the person paying such sums
to him/her a receipt therefor.
(Ord. No. 83-1, § 1, 2-1-83; Ord. No. 92-2, § 4, 3-3-92)
A surcharge in the amount designated by the town council by
resolution is hereby levied on each municipal court action resulting
in a conviction of an ordinance violation or Town Charter violation,
except those ordinances set forth in subsection (a), by entry of a
plea of guilty or nolo contendere, entry of a plea agreement, or after
trial by either a court or jury. The surcharge shall be paid to the
municipal court clerk by the defendant. The municipal court clerk
shall pay such sums collected to the town treasurer, who shall credit
such sums to the Mt. Crested Butte police department training fund.
(a) The surcharge
levied herein shall not be imposed for violations of the following
ordinances:
(1) Parking
violations enumerated in Articles X, XI, XII, XIII, and XIV of the
adopted Model Traffic Code.
(2) Parking
violations enumerated in sections 20-5 (Parking; traffic restriction
on Crested Butte Way) and 20-6 (Parking in transit loop/visitor drop
off) of this Code.
(3) Animal
violations enumerated in Chapter 4 of this Code.
(4) Alcohol-related
violations enumerated in Article IX of Chapter 15 of this Code.
(Ord. No. 92-2, § 4, 3-3-92; Ord. No. 14-5, § 4, 9-2-14)
A surcharge in the amount designated by the town council by
resolution is hereby levied on each municipal court action resulting
in a conviction of an alcohol-related offense enumerated in Chapter
15, Article IX of the Town Code, by entry of a plea of guilty or nolo
contendere, entry of a plea agreement, or after trial by either a
court or jury. The surcharge shall be paid to the municipal court
clerk by the defendant. The municipal court clerk shall pay such sums
collected to the town treasurer, who shall credit such sums to a fund
to be used to support after-hours transportation alternatives for
persons travelling within or from outside the Town of Mt. Crested
Butte in areas served during business hours by Mountain Express.
The surcharge levied pursuant to this section is separate and
distinct from any other costs or fines levied or imposed pursuant
to this Code.
(Ord. No. 14-5, § 5, 9-2-14)
The municipal court judge is empowered and directed to sentence any defendant who is found guilty of an ordinance violation, or Town Charter violation, either after a plea of guilty or nolo contendere, or who enters into a plea agreement, or who, after trial, is found guilty of an ordinance or charter violation in the amount determined by the judge. The minimum fine or term of imprisonment imposed shall not be less than that specified by section
1-14, and the maximum fine or term of imprisonment shall not exceed that specified by section
1-14. If a defendant is sentenced to a jail term, the cost incurred by the town for use of the jail shall be assessed against the defendant.
(Ord. No. 14-5, § 6, 9-2-14)
The municipal court judge shall have the authority to grant
deferred prosecutions and deferred judgments in all cases within the
jurisdiction of the municipal court in those circumstances and upon
such terms as the municipal court deems appropriate.
In addition to other court costs and fees, an administration
fee equal to one hour of the town attorney's current hourly rate shall
be imposed upon any defendant granted a deferred judgment.
Deferred prosecutions and deferred judgments shall be reduced
to writing and shall be signed by the town attorney and the defendant
or counsel for the defendant, if the defendant has counsel.
(Ord. No. 14-5, § 7, 9-2-14)
The municipal court shall have the authority to order restitution
in all cases within the jurisdiction of the municipal court in those
circumstances and upon such terms as the municipal court deems appropriate.
(a) Any
such restitution order shall include:
(1) An
order of a specific amount of restitution be paid by the defendant;
or
(2) An
order that the defendant is obligated to pay restitution but that
the specific amount of restitution shall be determined within 90 days
immediately following the order of conviction, unless good cause is
shown for extending the time period by which the restitution amount
shall be determined.
(b) Any
order for restitution entered pursuant to this section shall be a
final civil judgment in favor of the Town of Mt. Crested Butte and
any victim. Notwithstanding any other civil or criminal statute or
rule, any such judgment shall remain in force until the restitution
is paid in full.
(c) If the
defendant cannot pay the restitution amount in full at sentencing
or such time as the judge may grant, the court may set a payment schedule
upon payment by the defendant of an administrative set by the council.
(Ord. No. 14-5, § 8, 9-2-14)