HomeMy WebLinkAbout093 - 08/06/1991 - AMENDING CITY CODE RELATING TO MUNICIPAL COURT ORDINANCE NO. 93, 1991
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 19 OF THE CODE OF THE CITY
OF FORT COLLINS RELATING TO
MUNICIPAL COURT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1 . That Section 19-1 of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 19-1. Rules of procedure.
The Colorado Municipal Court rules, as amended, the rules for
traffic infractions contained in Article IV of this Chapter, the
provisions of this chapter, and procedures adopted by the Municipal
Judge which are not inconsistent therewith, shall govern the
procedure in the Municipal Court in all cases arising under the
Charter and Code.
Section 2. That the Code of the City of Fort Collins shall be amended by
the addition of Section 19-3, to read as follows:
Sec. 19-3. Contempt of Court.
(a) Contempt of Court shall mean:
(1) Any act or omission of any person, including any officer
of the Court in his or her official transactions, which
is offensive to the authority or dignity of the Court or
which obstructs or interferes with the administration of
justice;
(2) Disobedience or resistance of any person to or interference
with any lawful writ, process, order, rule, decree or
command of the Court; or
(3) Any other act or omission designated as contempt by statute
or other rule or law of the State or the City of Fort
Collins.
(b) In presence of Court. When a contempt is committed in the
presence of the Court, it may be punished summarily. In such case,
an order shall be made from the bench reciting the facts
constituting the contempt, adjudging the contemner guilty of
contempt and prescribing the punishment therefor. Such order shall
be final and conclusive but may be appealed as provided by law.
(c) Out of presence of Court. When it appears to the Court by
motion supported by affidavit that a contempt has .been committed out
of the presence of the Court, the Court may ex parte order a
citation to issue to the person so charged to appear and show cause
at a time designated why he or she should not be punished for contempt.
The citation and a copy of the motion and affidavit shall be served upon
such person within a reasonable time before the time designated. If such
person fails to appear at the time so designated, or if the Court so
orders when the citation is issued or thereafter, a warrant for his or her
arrest may be issued. Such warrant shall fix the time for the production
of such person in Court. The Court shall direct by endorsement thereon
the amount of the bail required. If such person is arrested under the
warrant issued by the Court, makes bond and fails to appear at the time
designated in the warrant, or at any time to which the hearing may be
continued, the bond may be forfeited, and the amount thereof, to the
extent of the damages suffered by the contempt, shall be paid to the
person damaged thereby, which person may include the Court but shall not
include the Judge of the Court. If the person arrested fails to make
bond, he or she shall be kept in custody, subject to the order of the
Court.
The Court shall hear the evidence for and against the person
charged, and it may find him or her guilty of contempt and by order
prescribe the punishment therefor. A fine may be imposed not
exceeding the damages suffered by the contempt, plus costs of the
contempt proceeding, plus reasonable attorney's fees in connection
with the contempt proceeding, payable to the person damaged thereby,
which person may include the Court but shall not include the Judge
of the Court. If the contempt consists of the failure to perform
an act in the power of the person to perform, he or she may be
imprisoned until its performance. In addition thereto, to vindicate
the dignity of the Court, if the citation so states, a fine or
imprisonment may be imposed. If any such fine is not paid, the
Court may order the contemner imprisoned until payment thereof, in
accordance with Section 19-2 of the Code of the City of Fort
Collins.
Introduced, considered favorably on first reading, and ordered published
this 16th day of July, A.D. 1991, and to be presented for final passage on the
6th day of August, A.D. 1991 .
Mayor
ATTEST:
City Clerk
2
Passed and adopted on final reading this 6th day of August, A.D. 1991 .
i -
Ulm
Mayor
ATTEST:
City Clerk
3