TC Ord. No. 1982-19• r
TOWN OF AVON
ORDINANCE NO. 82-19
SERIES OF 1982
AN ORDINANCE ESTABLISHING DOCKET FEES AND RECORD
FEES FOR THE MUNICIPAL COURT OF THE TOWN OF AVON,
AND SETTING FORTH THE PROCEDURE FOR THE COLLECTION
THEREOF.
WHEREAS, the administration'of justice within the
Town of Avon has heretofore required the establishment of a
Municipal Court for the Town of Avon; and
WHEREAS, the Town Council of the Town of Avon has
determined that the Docket Fees and Jury Fees established by
statute fail to provide sufficient revenue to defer the
expenses of court administration, which should be deferred
by the Defendant in the event of conviction; and
WHEREAS, the Colorado Constitution, at Article 20,
Section 6.c. permits home rule towns such as the Town of
Avon to legislate upon, provide, regulate, conduct and
control the creation of Municipal Courts; the definition and
regulation of the jurisdiction, powers and duties thereof,
and the election or appointment of the officers thereof, and
C.R.S. 1973 13-10-103 recognizes the ability of a home rule
municipality to supersede provisions of State law relating
to Municipal Court, with certain exceptions not applicable
here:
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO THAT:
Section 1. There is hereby added to the Munici-
pal Code of the Town of Avon a new section, identified as
Section 2.08.110 which shall read as follows:
2.08.110 DOCKET FEES IN MUNICIPAL COURT
ACTIONS. At the time of the first appearance of the Defend-
ant in all Municipal Court actions there shall be charged
against the Defendant a total docket fee of fifteen dollars
($15.00) for a Trial to the Court and fifty dollars ($50.00)
for Trial by Jury, which shall be payable upon conviction of
the Defendant.
Section 2. There is hereby added to the Munici-
pal Code of the Town of Avon a new section, identified as
Section 2.08.120, which shall read as follows:
2.08.120 FEES FOR PREPARATION OF RECORD IN
MUNICIPAL COURT ACTIONS. The following fee shall be paid to
the Clerk of the Municipal Court by the person ordering the
0 i
same: for preparing any record on appellate review or for
copy of any record or proceeding or paper on file where a
copy is not furnished by the party ordering the same, fifty
cents ($.50) per folio or one dollar ($1.00) per page for a
photographic copy.
Section 3. Severability of Provisions. If
any part, section, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such
decision shall not affect the validity of the remaining
portions of this Ordinance; and the Town Council for the
Town of Avon hereby declares it would have passed this
Ordinance and each part, section, sub-section, sentence,
clause or phrase thereof; irrespective of the fact that any
one or more parts, sections, sub-sections, sentences,
clauses or phrases be declared invalid.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED, THIS 24th day of August , 1982 and
a public hearing on this Ordinance shall be held at the
regular meeting of the Town Council of the Town of Avon,
Colorado, on the 14th day of September , 1982 at
7:30 P.M. in the Municipal Building of the Town of Avon,
Colorado.
01-4
Allan R. ottingham Mayor
TTES
Patricia J. Doyle
Town Clerk ~~1t f
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED this day of , 19 .
Allan R. Nottingham, Mayor
ATTEST:
Patricia J. Doyle
Town Clerk
2
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON ) -
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 14TH DAY OF
SEPTEMBER,'1982 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO FOR.THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE
NO.#82-19,'SERIE8 OF 1982:
AN ORDINANCE ESTABLISHING DOCKET FEES AND RECORD FEES FOR THE
MUNICIPAL COURT OF THE TOWN OF AVON,.AND SETTING FORTH•THE
PROCEDURE FOR THE COLLECTION THEREOF.
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 the
Ordinance.
This notice given and passed by order of the Town Council of the Town
of Avon, Colorado.
Dated this 26th day of August, 1982.
TOWN OF AVON, COLORAD
Y ~
Patricia'J. Doyl , Town Cl rk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
AUGUST 27, 1982:
THE MAIN ENTRANCE? OF,- THE POST OFFICE,
THE MAIN ENTRANCE TO CITY MARKET,
THE'PESTER.GAS STATION; AND
THE MAIN LOBBY IN THE MUNICIPAL BUILDING
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