HomeMy WebLinkAbout194 - 01/04/2000 - AMENDING CITY CODE TO ESTABLISH THE MUNICIPAL COURT AS A COURT OF RECORD ORDINANCE NO. 194, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 19 OF THE CITY CODE
SO AS TO ESTABLISH THE MUNICIPAL COURT
AS A COURT OF RECORD
WHEREAS,the Fort Collins Municipal Court(the"Municipal Court")was established under
the provisions of Article VII of the City Charter,pursuant to the authority granted to the City under
Article XX, Section 6 of the Colorado Constitution; and
WHEREAS, the Municipal Court has historically not been a court of record and,
consequently, appeals taken from decisions made in the Municipal Court are filed in the Larimer
County County Court as "trials de novo" requiring the presentation of evidence and arguments
without regard to the earlier proceedings in Municipal Court; and
WHEREAS, appeals of Municipal Court decisions could be handled more efficiently if a
record was maintained of the proceedings in the Municipal Court and appeals were based upon that
record, as permitted by state statute; and
WHEREAS, courts not of record were historically established to accommodate municipal
proceedings in smaller municipalities where the judges and magistrates presiding over such courts
were sometimes untrained and unskilled in the law; and
WHEREAS, Fort Collins has for many years retained Municipal Court judges who are
licensed and experienced practitioners in the law, so that the foregoing rationale does not apply to
the Fort Collins Municipal Court; and
WHEREAS,the maximum fines and penalties that can be imposed under Section 1-15 of the
City Code for violation of municipal ordinances are consistent with those authorized by state statute
for "qualified courts of record"; and
WHEREAS, for these reasons the City Council believes it to be in the best interests of the
City to establish the Municipal Court as a"qualified court of record" within the meaning of Section
13-10-102, C.R.S.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Code of the City of Fort Collins is hereby amended by adding new Sections 19-1
and 19-2, to read as follows, with subsequent sections renumbered accordingly:
Sec. 19-1. Definitions.
The following words,terms and phrases,when used in this Chapter,shall have the
meanings ascribed to them in this Section:
Municipal Court shall mean a"qualified municipal court of record"as defined in
Section 13-10-102, C.R.S.
Municipal Judge shall mean and include the presiding Municipal Judge, and all
Assistant Municipal Judges, unless the context requires otherwise.
Sec. 19-2. Recording of proceedings.
The Municipal Judge shall require that all proceedings and evidence presented
within the Municipal Court be recorded verbatim, by either electronic devices or
stenographic means.
Introduced and considered favorably on first reading and ordered published this 7th day of
December, A.D. 1999, and to be presented for final passage on the 4th day of January, A.D. 2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 4th day of January, A.D. 2000.
Mayor
ATTEST:
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City Clerk