HomeMy WebLinkAbout167 - 01/03/1984 - AMENDING CHAPTER 7 OF THE CITY CODE FOR THE PURPOSE OF CREATING A MUNICIPAL COURT REFEREE ,f,
ORDINANCE NO. 167 , 1983
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 7 OF THE CODE OF THE CITY
OF FORT COLLINS FOR THE PURPOSE OF CREATING
A MUNICIPAL COURT REFEREE
WHEREAS, the Presiding Judge of the Municipal Court of the City of
Fort Collins presently hears all violations of the Code of the City of Fort
Collins, including parking violations; and
WHEREAS, the volume of parking violations is continually at a level
which requires a large percentage of the total time spent by the Municipal
Court clerks and the Presiding Judge; and
WHEREAS, it is in the best interest of the citizens of the City of
Fort Collins that a provision be added to the Code of the City of Fort
Collins allowing the Presiding Judge to appoint one or more referees to
hear certain municipal ordinance violations relating to parking.
NOW, THEREFORE , BE IT ORDAINED BY THE CITY OF FORT COLLINS that
Chapter 7 of the Code of the City of Fort Collins be amended by the addi-
tion of the following:
Article IV
Municipal Court Referee
W-10. Municipal Court Referee Created.
The Presiding Judge of the Municipal Court of the City of Fort Collins is
authorized and empowered to appoint one or more Referees to hear certain
municipal ordinance violations relating to parking as the Presiding Judge
may from time to time designate as being hearable in the first instance by
the Referee. Such alleged violations may include any offense which may now
or in the future be included in the schedule of payable fines established
by the Presiding Judge pursuant to law; except that no such offense, con-
viction of which might result in the assessment of points by the Colorado
Department of Revenue against the violator' s driving license or privilege,
may be so designated by the Presiding Judge. The Referee( s) shall be an
attorney admitted to practice law in Colorado and a resident of the City.
P-11 . Election to Appear Before Judge.
Prior to conducting a hearing, the Referee shall inform the parties that
they have the right to a hearing before the Judge in the first instance.
If such request is made, the Referee shall terminate the hearing and refer
the matter to the Municipal Court for hearing before the Presiding Judge.
Procedures.
A. The Referee is authorized to adopt rules and procedures governing
conduct at hearings in accordance with the provisions of this
Article; provided, however, that the Presiding Judge shall approve
all such rules and procedures prior to their adoption by the
Referee.
B. Hearings held by the Referee shall be informal , but shall in all
other respects be conducted in the manner provided for the hearing
of cases by the Court. The Referee may consider statements
and evidence presented by the parties at the time of the hearing.
The Referee is empowered to administer oaths, take testimony and
obtain the issuance of subpoenas through the Clerk of the Munici-
pal Court to compel the presence of prospective witnesses at any
hearing. The defendant shall also have the right to the issuance
of a subpoena by making application to the Clerk of the Municipal
Court.
C. At the completion of any hearing held under the provisions of this
Article, the Referee shall enter an order:
(1) Excusing or dismissing a parking violation in accordance with
the guidelines established in P-14 of this Article; or
(2) Referring the case to the Municipal Court for hearing before
the Presiding Judge where the Referee determines, in the
exercise of his discretion, that the facts of the particular
case or the issues raised therein require such a hearing.
Statements made by the defendant during the course of the
hearing before the Referee shall not be introduced against
the defendant at any subsequent proceeding before the Muni-
cipal Court, nor may the Referee hearing the case be called
as a witness against said defendant; or
(3) Making a finding of guilty, based upon either a plea of
guilty entered before him or the evidence presented at the
hearing, and assessing a penalty against the defendant; which
penalty shall not exceed that fine established in the sche-
dule of payable fines published by the Presiding Judge of the
Municipal Court which was in effect at the time of the
violation.
D. A written record of the proceedings shall be maintained by the
Referee . Said record shall contain the name of the alleged
violator, the date of the appearance before the Referee, the
complaint number, the date, place and type of violation, and the
recommendation or order of the Referee.
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V-13. Appeal .
Any defendant affected by an order or action of the Referee, under the
authority of this Article, may have the matter heard by the Presiding Judge
by filing a written Motion for such hearing with the Clerk of the Municipal
Court within ten (10) days after the entry of the order or the taking of
the action. Upon filing such a Motion, the order or action in question
shall be vacated, the Motion shall be placed on the Calendar of the Court
for a hearing as early as possible, and disposition of the issue shall be
made upon the hearing of the Motion by the Presiding Judge. If such a
Motion is not filed within ten (10) days of the order or action, or the
order or action is not vacated by the Presiding Judge upon his own Motion
within such period, the order or action of the Referee shall be final . In
no event shall the Referee testify on appeal regarding any action pre-
viously before him, except concerning actions in the nature of contempt,
including failure to appear.
V-14. Guidelines.
A. The Referee is authorized in his discretion to excuse or reduce
fines and/or waive late fees for parking citations if he finds
that the defendant:
(1) Parked the vehicle described in *the citation at a broken or
defective meter; or
(2) Was issued a defective or illegible citation; or
(3) Has a clearly meritorious defense to the citation.
B. The Referee may assess a penalty less than the payable fine
prescribed in the schedule of fines published by the Presiding
Judge or may suspend such fine in any case where, in the sound
exercise of the Referee' s discretion, based upon evidence obtained
during the course of the hearing, such action would be in the best
interests of justice.
Introduced, considered favorably on first reading, and ordered pub-
lished this 20th day of December, A.D. 1983, and to be presented for final
passage on the 3rd day of January, A.D. 1984.
M yo
ATTEST:
CityI" Yh"..
Clerk
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11
Passed and adopted on final reading this 3rd day of January, A.D.
1984.
yo
ATTEST:
I".
City Clerk
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