Chapter 2.75
MUNICIPAL COURT

Sections:

2.75.010    Municipal court created.

2.75.020    Jurisdiction, powers and procedures of court.

2.75.030    Sessions of court.

2.75.040    Municipal judges, appointment, oath, salary and powers.

2.75.050    Court clerk, salary, duties and reports.

2.75.060    Fine surcharge.

2.75.070    Court of record.

2.75.010 Municipal court created.

A municipal court in and for the town of Granby is hereby created and established, pursuant to and governed by state law. [Ord. 182 § 1, 1970. Code 1999 § 2-9-1].

2.75.020 Jurisdiction, powers and procedures of court.

(a) The municipal court shall have original jurisdiction of all cases arising under this code and other ordinances of the town, with full power to punish violators thereof by the imposition of such fines and penalties as are prescribed by ordinance or court rule.

(b) The procedures of the court shall be in accordance with the municipal court rules of procedure as promulgated by the Colorado Supreme Court. [Code 1999 § 2-9-2].

2.75.030 Sessions of court.

(a) There shall be regular sessions of the court for the trial of cases. The municipal judge may hold a special session of court at any time.

(b) All sessions shall be open to the public. Where the nature of the case is such that it would be in the best interest of justice to exclude persons not directly connected with the proceeding, the municipal judge may order that the courtroom be cleared. [Code 1999 § 2-9-3].

2.75.040 Municipal judges, appointment, oath, salary and powers.

(a) The court shall be presided over by a municipal judge appointed for a term of two years by resolution of the board. Additional judges may be appointed as may be needed to transact the business of the court for a term of two years.

(b) The salary of the municipal judge shall be paid quarterly. Additional judges shall be paid a sum not to exceed $50.00 per month, when holding court in the absence of the municipal court judge.

(c) Before entering upon the duties of his or her office, a municipal judge shall take an oath or affirmation that he or she will support the Constitution of the United States and the constitution of the state of Colorado and laws of the town of Granby and will faithfully perform the duties of his or her office.

(d) In addition to other powers, a municipal judge shall have full power and authority to make and adopt rules and regulations for conducting the business of the municipal court consistent with municipal court rules of procedure promulgated by the Colorado Supreme Court. [Amended during 2011 recodification; Ord. 437 § 6, 1992; Ord. 345, 1982. Code 1999 § 2-9-4].

2.75.050 Court clerk, salary, duties and reports.

(a) The board of trustees shall appoint the deputy town clerk to serve as clerk of the court, whose duties shall be those assigned by the board.

(b) The compensation of the court clerk shall be included in the annual salary of the deputy clerk.

(c) The clerk shall deposit all moneys collected for traffic fines and court costs the same as other moneys paid to the town. [Code 1999 § 2-9-5].

2.75.060 Fine surcharge.

(a) Upon sentencing any offender for any violation of the code of the town of Granby, the judge shall impose a surcharge of 25 percent of the fine imposed upon the offender. The judge shall include such surcharge on any fine schedules in use or that he/she may issue. The imposition of such surcharge shall be mandatory and cannot be suspended or reduced by the judge. In issuing any tickets or citations that may be paid by mail, the issuing officer shall add such surcharge to the penalty assessment or fine that is indicated in such citation or ticket.

(b) The surcharge proceeds shall be paid over to the town of Granby and kept in a separate fund to be known as the fine surcharge account. The fund shall be used for police training, police supplies, and victim services only. The cost of food, lodging and overtime incurred to staff routine police services due to training are authorized expenditures from this account. [Ord. 657 § 1, 2006. Code 1999 § 2-9-10].

2.75.070 Court of record.

(a) The purpose of this section is to establish a municipal court of record for all alleged violations of municipal ordinances.

(b) A municipal court of record is hereby established by the board of trustees to try and hear all alleged violations of town ordinances. The court shall make and keep a verbatim record of the proceedings and evidence at trial, and the town shall provide the court with electronic devices or stenographic means of making such record. [Ord. 796 §§ 1, 2, 2013].