TC Ord. No. 1979-08ORDINANCE NO. 79-8 .
SERIES OF 1979
AN-ORDINAPICE ESTABLISHING'A MUNICIPAL COURT FOR THE TOWN OF
AVON; DEFINING ITS OPERATION, JURISDICTION, POWERS AND
PROCEDURES;' CREATING THE'POSITIONS OF PRESIDING MUNICIPAL
JUDGE,.DEPUTY-.JUDGE AND COURT CLERK; SETTING THE TER11S OF
'OFFICE;;INCLUDING COMPENSATION, AND'SETTING FORTH ADDITIONAL
PROVISIONS AND DETAILS IN RELATION THERETO.
"Section'l. Establishment. There is hereby established,
pursuant'..-to Section 10.2 of the Charter for the Town of Avon,
Colorado,- a Municipal'Court which shall be a.qualified
Municipal Court of record and shall be known as the Avon.
Municipal Court.
Section 2. Operation. The operation and procedures of
the Avon Municipal Court shall be governed by Title 13, Article
10, C.R. S. 1973, as amended, which-is incorporated by -
reference herein and made a part hereof, excluding any
provision or portion thereof in said Statute which is
inconsistent with any applicable provisions of the Town Charter,,
the Municipal Code or any ordinance-of the Town of Avon:
Section 3., Resolutions. The operation of the Municipal
Court shall be governed as required by the Town Council through
the adoption of resolutions.
Section 4. Jurisdiction, Powers and Procedures. The
Municipal Court shall have originrisdiction of all cases
arising under the Municipal Code and other Ordinances of the
Town with*the,authority to punish violators thereof by-the
imposition of-fines and penalities not to exceed $300.00 and
90 days imprisonment or as stated in the Municipal Code Section
or ordinance involved. The procedures o'' the Court shall be
in accordance with the Municipal Cour'C Rules of Procedure as
pro'mulgated'by the Colorado Supreme Court.
Section 5.-Sessions. There shall be regular sessions of
the Avon Municipal Court as determined by the Presiding Judge
with the approval of the Town Council. Such sessions shall
be for the trial of cases and transaction of.other court
business. The Presiding Judge may also authorize and hold
special sessions of Court as he shall determine.. All "sessions
shall be'open to the public, except where the nature of the
case or some element of the antic,ipated.testimony is,such that
the,Presiding Municipal Judge deems that it is in the best
interest of justice to exclude persons not directly connected
with the proceeding. Under-such circumstances; the Presiding
Judge may order'that,the courtroom be cleared.
Section 6. Judge-Deputy Judge-Term. The Municipal
Court shall be presided over by a Municipal Judge who shall
be an attorney at law admitted to practice in the State.of
Colorado, having been in active practice for at least five
years prior to.his appointment. He shall be appointed by the
Town Council'for a specified term of not'less than two years,
except that the term of office of the Judge.appo,inted initially.
shall expire-on-the date of the organizational meeting
following the-election on the first Tuesday after the first
Monday in May,, 1980
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The Town Council may also appoint,~such Deputy Municipal
Judge or Judges, as it deems necessary. Any such Deputy
Municipal Judge, shall be an Attorney-admitted to practice
in the State of Colorado. .The deputy Municipal Judge shall
have all the powers of the Municipal Judge when acting Ias a
Municipal Judge at the request of the Presiding Municipal
Judge,or the the Town Council. The Deputy Municipal'Judge
shall serve at the pleasure of the Town Council..
Section 7. Judge-Deputy Judq_e-Compensation. The
salary of the Presiding Municipal Judge.shall"be determined
by the Town Council. The Town Counci-l"may alter the salary-
from time to time as it shall deem proper. The salary
shall be paid monthly.
The Deputy.Municipal Judge or Judges shall receive such
compensation for services rendered as-the Town Council
may determine.
Section 8. Judge-Oath. Before entering upon the
duties of his office, all Municipal Judges shall take an'
Oath or Affirmation that he will support the constitution
and laws of the United States of'America and the State,of
Colorado and the Charter, Municipal Code and Ordinances of
the Town of Avon and that he will faithfully perform the
duties of his office.
Section 9. Judge-Rule Adoption'Authority. In addi-
tion to his other powers, the Presiding-Municipal Judge
shall have the authority to issue local Rules of Proce
dure consistent with any Rules of Procedure Adopted or
issued by the Colorado Supreme Court.
Section'10.- Clerk-Appointment Duties--Bond-Compensation.
There shall be a clerk of the Avon Municipal-Court, appointed
by the Presiding Municipal Judge, subject to•the approval of
the Town-Council. The clerk shall have and carry out such
duties as.are delegated to him by law, Court Rules or the
: Presiding Municipal Judge...
All fines, costs and other funds collected or, r•e-
ceived by the Municipal'Court shall be reported and paid
monthly by the clerk to whomever the Mayor or Town Manager,
if there be one, shall•designate. The clerk shall,further
keep such records and reports as de_sia_nated by;the Mayor
or Town Manager, if there be one.
The clerk shall be compensated. as,•,the Town Council,
may determine and shall be paid monthly.
Section 11. Severabil'ity. If any provision, clause
phrase or section of this Ordinance or the application'
thereof to any person,or circumstance is held invalid, such
invalidity shall not affect other provisions, clauses,
phrases,or sections or applications of the ordinance which
can be given effect without the invalid provisions or
applications and to this end the provisions or applications
of this ordinance are declared to be severable.
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INTRODUCED, PASSED, READ, APPROVED AND ORDERED PUBLISHED THIS
JO a DAY OF 1979
TO[KNT OF AVON
By: Angelo
ATTEST:
By:
Town Clerk
a
yor
INTRODUCED, PASSED, READ, ADOPTED AND ORDERED PUBLISHED THIS
1DAY OF 1979
TOTa?V OF AVON
By.
An elo . Alpi, Mayor
ATTEST:
By .
Town clerk
r r
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF a public hearing before the
Town Council of the Town of Avon, Colorado, at 7:30 P.M. on
the 24th day of April, 1979 at the Town Hall for the pur-
pose of considering the adoption of AN ORDINANCE ESTABLISH-
ING A MUNICIPAL COURT FOR THE TOWN OF AVON; DEFINING ITS
OPERATION, JURISDICTION, POWERS AND PROCEDURE; CREATING
THE POSITIONS OF PRESIDING MUNICIPAL JUDGE, DEPUTY JUDGE AND
COURT CLERK; SETTING THE TERMS OF OFFICE, INCLUDING COMPENSA-
TION, AND SETTING FORTH ADDITIONAL PROVISIONS AND DETAILS IN
RELATION THERETO.
A copy of said ordinance is attached hereto and is also
on file at the office of the Town Clerk and may be inspected
during regular business hours.
Following this hearing, the Council may consider final
passage of this Ordinance.
This meeting is open to the qeneral public.
This notice given and published by order of the Town
Council of the Town of Avon.
Dated this 10th day of April, 1979.
TOWN OF AVON, COLORADO
By order of the Town Council
By~Vm?i ,_/J
TOWN CLERK
Posted at the following public places within the Town of Avon
April 11, 1979, at:
The Northeast side of the Benchmark Shopping Center
(Avon Post Office)
The main entrance - Eagle Valley Bowl
The Pester Gas Station; and
The Town Office, Second Floor, Benchmark Shopping Center