Chapter 4.10


4.10.010    Jurisdiction.

4.10.020    Governing procedures.

4.10.030    Verbatim record of proceedings.

4.10.040    Municipal court administration.

4.10.050    Court costs.

4.10.060    Payment of funds.

4.10.070    Deferred judgments and deferred prosecutions.

4.10.080    Restitution.

4.10.010 Jurisdiction.

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 City Charter. (Code 1997 § 4-1-1).

4.10.020 Governing procedures.

Actions for violations of the provisions of this code or any other municipal ordinance or City 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 of Colorado not in conflict with the terms of this chapter. (Code 1997 § 4-1-2).

*    See § 13-10-101, C.R.S., et seq.

4.10.030 Verbatim record of proceedings.

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 city by means of electric recording devices. The city council shall provide all materials and facilities necessary for the keeping of such verbatim record. (Code 1997 § 4-1-3).

4.10.040 Municipal court administration.

The city council hereby establishes the position of municipal court clerk. The city manager, after consultation with the municipal court judge, shall designate a city employee(s) to perform the duties of the municipal court clerk as such are delegated by law, court ruling, or the municipal court judge. The municipal court clerk may serve without posting bond. The city council shall annually assign two of its members to serve as liaisons to the municipal court and its personnel and shall advise council as necessary. (Ord. 7-2016 § 1; Code 1997 § 4-1-4).

4.10.050 Court costs.

The municipal court judge is empowered and directed to assess court costs, in the amount of $20.00, against any defendant who is found guilty of an ordinance violation, or City 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 addition to any other court costs and fees, the municipal court judge is empowered and directed to impose a $50.00 administration fee for each deferred judgment or deferred prosecution agreement approved by the municipal court for an ordinance or City Charter violation. In addition to any costs and fees ordered, the municipal court judge may assess costs of incarceration, to include charges by the jail facility to the city of Gunnison for the housing, care or treatment of the defendant while incarcerated. Costs shall be limited to those amounts actually incurred by the city. (Ord. 1-2011 § 1; Ord. 6-2007 § 1; Code 1997 § 4-1-5).

4.10.060 Payment of funds.

All fines, forfeitures, penalties, and costs collected for violations of any of the provisions of this code, other municipal ordinances, or the City Charter shall, as soon as collected, be paid to the treasurer by the municipal court clerk or municipal court judge. The treasurer shall make and deliver to the person paying said sums to them a receipt therefor. (Code 1997 § 4-1-6).

4.10.070 Deferred judgments and deferred prosecutions.

In addition to all other powers vested in the municipal court by Colorado state law and the Colorado Supreme Court, the municipal court 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. (Ord. 6-2007 § 2).

4.10.080 Restitution.

Any order of a conviction of any offense set forth in the Gunnison Municipal Code may include consideration of restitution.

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.    “Conviction” means a verdict of guilty by a judge or jury or a plea of guilty or nolo contendere that is accepted by the court for a violation of any provision of the Gunnison Municipal Code. “Conviction” also includes having received a deferred judgment and sentence or deferred adjudication, except that a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence or deferred adjudication.

C.    “Restitution” means any quantifiable pecuniary loss suffered by a victim or by the city of Gunnison that relates to a violation of the Gunnison Municipal Code for which the defendant has pled guilty or nolo contendere, including guilty pleas relating to deferred sentences, or for which a defendant has been found guilty by the court. “Restitution” does not include damages for physical or mental pain and suffering, loss of consortium, loss of enjoyment of life, loss of future earnings, or punitive damages. “Restitution” shall also include all costs incurred by a government agency relating to any clean-ups related to a nuisance violation, or costs relating to housing an animal in a shelter, whether the shelter is a public or private animal shelter.

D.    Any order for restitution entered pursuant to this section shall be a final civil judgment in favor of the city of Gunnison 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. (Ord. 1-2011 § 2).