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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 0 6 0 * -2- 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. 0 6 -3- 0 * 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