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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. -2- 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 -3- 11 Passed and adopted on final reading this 3rd day of January, A.D. 1984. yo ATTEST: I". City Clerk -4-