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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