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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: �l�puw6�a� City Clerk