CHAPTER 2
Administration and Personnel
Article I
Elections
Sec.
Sec.
Sec.
Article II
Mayor and Board of Trustees
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Article III
Officers and Employees
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Article IV
Municipal Court
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec. 2-4-100
Rules of procedure
Sec. 2-4-110
Court costs
Sec. 2-4-120
Transcripts
Sec. 2-4-130
Trials
Sec. 2-4-140
Restraining orders
Sec. 2-4-150
Contempt power
Sec. 2-4-160
Violations Bureau; penalty assessment notices
Article V
Police Department
Sec.
Sec.
Sec.
Sec.
Sec.
Article VI
Planning Commission
Sec.
Sec.
Sec.
Sec.
Article VII
Tree Board
Sec.
Sec.
Sec.
Article VIII
Historic Advisory Board
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
ARTICLE I
Elections
Sec.
All elections
shall be held and conducted in accordance with the Colorado Municipal Election
Code of 1965. The Town may by
ordinance determine to follow all or part of the provisions of the Uniform
Election Code for any election.
(Ord. 01-20)
Sec.
No write-in vote for any municipal office shall be counted unless the candidate files an affidavit of intent with the Town Clerk prior to twenty (20) days before the day of the election, indicating that such person desires the office and is qualified to assume the duties of that office if elected. (Prior code 2-1.5; Ord. 01-20)
Sec.
(a) If the only matter before the voters is the election of persons to office and if, at the close of business on the nineteenth day before the election, there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent as set forth in Section 2-1-20, the Town Clerk shall certify such fact to the Board of Trustees; and it shall hold a meeting and by resolution shall instruct the Town Clerk to cancel the election and shall declare the candidates elected.
(b) Notice of such cancellation shall be published, if possible, and notice of such cancellation shall be posted at each polling place and in not less than one (1) other public place. (Prior code 2-1.6; Ord. 01-20)
ARTICLE II
Mayor and Board of Trustees
Sec.
(a)
Terms. The Board of Trustees shall consist of
six (6) Trustees and the Mayor. At
the April 1978, election six (6) Trustees shall be elected. The three (3) candidates for Trustee
receiving the highest number of votes shall be elected for four-year terms, and
the three (3) candidates for Trustee receiving the next highest numbers of votes
shall be elected for two-year terms.
At the next subsequent election and at each regular election thereafter,
three (3) Trustees shall be elected to serve four-year
terms.
(b) Authority. The Board of Trustees shall constitute
the legislative body of the Town, shall have the power and authority, except as
otherwise provided by statute, to exercise all power conferred upon or possessed
by the Town, and shall have the power and authority to adopt such laws,
ordinances and resolutions as it shall deem proper in the exercise
thereof.
(c) Qualifications. Each Trustee shall be a resident of the
Town and a registered elector therein.
If any Trustee shall move from or become, during the term of his or her
office, a nonresident of the Town, he or she shall be deemed thereby to have
vacated his or her office.
(d)
Vacancies. In case of the
death, resignation, vacation or removal for cause of any of the Trustees during
their term of office, the Board of Trustees, by a majority vote of all remaining
members thereof, may select and appoint, from among the duly qualified electors
of the Town, a suitable person to fill the vacancy. The person so appointed shall hold
office until the next regular election and until his or her successor is elected
and qualified. If the term of the
person creating the vacancy was to extend beyond the next regular election, the
person elected to fill the vacancy shall be elected for the unexpired term. Where vacancies exist in the offices of
Trustee and successors are to be elected at the next election to fill the
unexpired terms, the three (3) candidates for Trustee receiving the highest
number of votes shall be elected to four-year terms, and the candidates
receiving the next highest number of votes, in descending order, shall be
elected to fill the unexpired terms.
(Prior code 2-1.2, 2-1.3, 2-1.4; Ord. 01-20)
Sec.
(a) The Mayor shall be elected to
serve a term of four (4) years. The
Mayor shall meet the same qualifications as a Trustee and, in the event of a
vacancy in the office of Mayor, such vacancy shall be filled in the same manner
as a vacancy in the office of Trustee, as set forth in Section
(b) The Mayor shall preside over
all meetings of the Board of Trustees and shall perform such duties as may be
required of him or her by statute or ordinance. Insofar as is required by statute and
for all ceremonial purposes, the Mayor shall be the executive head of the
Town.
(c) The Mayor shall execute and
authenticate by his or her signature all bonds, warrants, contracts and
instruments of and concerning the business of the Town, as the Trustees or any
statutes or ordinances may require.
(d) Except as may be required by
statute, the Mayor shall exercise only such powers as the Trustees shall
specifically confer upon him or her.
(Prior code 2-1.1; Ord. 01-20)
Sec.
At its first
meeting following each biennial election, the Board of Trustees shall choose one
(1) of the Trustees as Mayor Pro Tem.
In the absence of the Mayor from any meeting of the Board of Trustees,
during the absence of the Mayor from the Town or during the inability of the
Mayor to act, the Mayor Pro Tem shall perform the duties of the Mayor. (Ord. 01-20)
Sec.
In the event of
the absence or disability of both the Mayor and the Mayor Pro Tem, the Trustees
may designate another Trustee to serve as acting Mayor during such absence or
disability. (Ord.
01-20)
Sec.
(a) The Mayor of the Town shall
receive such monthly compensation for his or her services as set by ordinance of
the Board of Trustees.
(b) Each Trustee of the Town
shall receive such monthly compensation for his or her services as set by
ordinance of the Board of Trustees.
(c) The compensation paid to any
member of the Board of Trustees, including the Mayor, shall not be increased or
diminished for the term of office for which he or she has been elected or
appointed. Any Mayor or Trustee who
has resigned or vacated an office prior to the end of his or her elective or
appointed term shall not be eligible to election or reappointment to the same
during such term if the rate of compensation has been increased. (Ord. 01-20)
Sec.
The regular meetings of the Board of Trustees will be
convened at
Sec.
(a)
Special meetings of the Board of Trustees shall be called by the Town
Clerk on the written request of the Mayor, or by any three (3) members of the
Board on at least twenty-four (24) hours' written notice to each member of the
Board served personally or left at his or her usual place of residence. In addition, notice of the special
meeting shall be posted at the Town Hall for a period of twenty-four (24) hours
prior to such special meeting.
(b) The Board of Trustees at any
duly convened meeting may, by majority vote, call a special meeting for a future
date. Notice of such meeting shall
be given to any member of the Board of Trustees not in
attendance.
(c)
No business shall be transacted at any special meeting of the Board of
Trustees, unless it has been stated in the notice of the meeting. However, any business which may lawfully
come before a regular meeting may be transacted at a special meeting if all the
members of the Board of Trustees present consent thereto and all the members
absent file their written consent; provided, however, that ordinances may be
introduced and read only at regular meetings or continued to regular
meetings.
(d) Should the Board of Trustees
convene for a special meeting pursuant to a request of an interested party for
the purpose of accommodating time constraints of said interested party, the
Board of Trustees may, in its discretion, assess fees for the special meeting
against the interested party. The
Board of Trustees may from time to time by resolution adopt a schedule of fees
which may be assessed for special meetings. Said fees shall reasonably compensate
the staff of the Town and the Town Attorney for time spent in preparation for
attendance at special meetings.
(Prior code 2-1.9; Ord. 01-20)
Sec.
(a) Meetings of the Board of
Trustees shall be conducted by the Mayor, according to Robert's Rules of Order, Revised.
(b) A majority shall constitute a
quorum to do business at all meetings of the Board of Trustees, and each member,
including the Mayor, shall vote upon every question put by the Chair unless
allowed by the Board of Trustees to abstain. The Mayor shall preside at all meetings
of the Board of Trustees and shall have the same voting powers as any member of
the Board of Trustees. Upon the
taking of any vote, the Town Clerk shall record in the minutes the names of
those voting and their votes.
(c) At the hour appointed for
meeting, the members shall be called to order by the Mayor or, in his or her
absence, by the Mayor Pro Tem, and the Town Clerk shall proceed to call the
roll, note the absentees and announce whether a quorum is present. If a quorum is present, the Board of
Trustees shall proceed with the business before it, in the manner and order as
established by the Board of Trustees.
(Ord. 01-20)
Sec.
The Board of
Trustees shall create and appoint members to such boards and commissions as may
now or hereafter exist, including but not limited to the
following:
(1) Board of
Adjustment;
(2) Planning
Commission;
(3) Historic Advisory Board;
and
(4) Tree Board. (Ord. 01-20)
ARTICLE III
Officers and Employees
Sec.
(a) A Chief of Police, Municipal Judge, Town Clerk, and such other officers as are not provided by law, shall be appointed by the Board of Trustees at the first meeting of the new Board, or as soon thereafter as possible, each of such appointments requiring a majority vote of the Board of Trustees; provided, however, that in case of a tie vote of the Board of Trustees for any candidates for any of the said officers, the Mayor shall have the power to determine such tie vote by casting his or her vote for any candidate who has already received not less than three (3) votes of the Board of Trustees.
(b) Said officers shall hold their respective offices until their successors are duly appointed and qualified. Vacancies shall be filled by appointment of the Board of Trustees. (Prior code 2-2.1; Ord. 99-08 §3, 1999; Ord. 01-20)
Sec.
(a) The Town Clerk shall keep complete records of the proceedings of the Board of Trustees, engross all ordinances, orders and resolutions in a separate book to be kept for that purpose, and furnish copies of the same for publication when so directed by the Board. The Town Clerk shall issue all orders for money appropriated by the Board of Trustees and shall keep a classified account of all such appropriations; shall keep on file all papers and documents belonging to the Town; and shall issue all licenses and permits granted by the Board of Trustees. The Town Clerk shall have the custody of the Town Seal and shall affix the same to all instruments and papers which by law or ordinance are required to be attested under the Corporate Seal of the Town. The Town Clerk shall conduct all correspondence between the Town and any and all individuals, corporations or institutions transacting business with the Town as instructed by the Board of Trustees. The Town Clerk shall furnish certificates of election or appointment to all legal elected or duly appointed officers of the Town and shall receive and keep on file the bond and oath of office of each of said officers.
(b) The Town Clerk shall be allowed such salary as shall be fixed by the Board of Trustees either by resolution or ordinance. (Prior code 2-2.2, 2-2.3)
Sec.
(a)
The Board of Trustees may determine to employ the services of a qualified
person to serve as Town Administrator, and to perform the functions and duties
of the Town Administrator as set forth in Section
(b) Notwithstanding anything to the contrary contained herein, the Town Administrator shall not be deemed an appointed official pursuant to Section 31-4-304, C.R.S., and thus the provisions of Section 31-4-307, C.R.S., regarding removal for cause are expressly inapplicable to the Town Administrator.
(c) The Town Administrator shall be selected by the Board of Trustees and shall serve at the pleasure of the Board of Trustees for an indefinite period.
(d)
The Town Administrator shall be a contract employee, and the terms of his
or her employment shall be governed entirely by his or her contract with the
Board of Trustees; as a contract employee, the Town Administrator is expressly
not subject to the provisions of the Town of
(e) The salary of the Town Administrator shall be fixed by the Board of Trustees, pursuant to ordinance. (Prior code 2-2.6; Ord. 99-08 §1, 1999)
Sec.
The functions and duties of the Town Administrator are as follows:
(1) To be responsible to the Board of Trustees for the efficient administration of all departments of the Town government;
(2) To supervise the enforcement of all laws and ordinances;
(3)
To recommend an annual budget to the Board of Trustees, to administer the
budget as finally adopted and to keep the Board fully advised at all times of
the financial condition of the Town;
(4)
To recommend to the Board of Trustees for adoption such measures as he or
she may deem necessary; and
(5)
To perform such other duties as may be prescribed by ordinance,
resolution or by direction of the Board of Trustees. (Prior code 2-2.7; Ord. 99-08 §2,
1999)
Sec.
(a) When required by the Board of
Trustees, each officer or employee, before entering upon the duties of his or
her office, shall take and subscribe to an oath to support the Constitutions and
laws of the
(b) In all cases where, by law,
ordinance or resolution of the Board of Trustees, a bond is required of any such
officer, he or she shall make and execute to the Town a bond in such sum as is
required, to be approved by the Board of Trustees, conditioned upon the faithful
performance of all duties pertaining to such office, the proper care of all
money or property of the Town coming into his or her hands and the proper
accounting for or delivery of the same.
(Ord. 01-20)
Sec.
By a majority
vote of all members of the Board of Trustees, the Mayor, Town Clerk, Town
Treasurer, any member of the Board of Trustees or any other officer of the Town
may be removed from office. No such
removal shall be made without a charge in writing and an opportunity of hearing
being given unless the officer against whom the charge is made has moved out of
the limits of the Town. When any
officer ceases to reside within the limits of the Town, he or she may be removed
from office pursuant to this Section.
A Municipal Judge may be removed during his or her term of office only
for cause, as set forth in Section 13-10-105(2), C.R.S. (Ord. 01-20)
Sec.
(a)
Purpose. Relatives working
together in an organization may cause serious conflicts and problems within that
organization, such as claims of partiality in treatment and favoritism. Personal conflicts from outside the work
environment may also be carried into day-to-day working relationships. The policy set forth in this Section is
intended to prevent such conflicts and problems among elected and appointed Town
officials and members of Town boards and commissions.
(b)
Applicability. This Section
shall apply to all elected and appointed Town officials, Town employees and any
elected or appointed member of any Town board or commission. By way of example, but not limitation,
this includes members of the Board of Trustees, the Tree Board, the Planning
Commission and the Historic Advisory Board.
(c)
Definition. For purposes of
this Section, relative includes: spouses and former spouses; parents;
children; brothers and sisters; brothers- and sisters-in-law; fathers- and
mothers-in-law; step-parents, step-brothers and step-sisters; step-children;
foster parents; grandparents and grandchildren; aunts and uncles; nieces and
nephews; and individuals who are not legally related to but who reside with an
employee, elected or appointed Town official or member of any Town board or
commission.
(d)
Policy.
(1)
A relative of any elected or appointed Town official, Town employee or
any member of a Town board or commission is not eligible for employment with the
Town.
(2)
A relative of any elected or appointed Town official or any member of a
Town board or commission is not eligible to become an appointed Town
official.
(3)
In the event a Town employee's relative is elected or appointed to the
Board of Trustees or any other Town board or commission, the employee shall be
terminated from Town employment during the term of office of the relative. Once the term of office for the relative
has ended, the employee may re-apply for Town employment as vacancies
occur.
(4)
In the event a Town employee or appointed official is elected or
appointed to the Board of Trustees or any other Town board or commission, the
employee shall be terminated from Town employment during the term of his or her
office. Once the term of office has
ended, the employee may re-apply for Town employment as vacancies occur. (Ord. 05-17 §1)
ARTICLE IV
Municipal Court
Sec.
A qualified Municipal Court of record in and for the Town
is hereby created and established pursuant to and governed by the provisions of
state law. (Prior code 2-5.1; Ord.
01-20)
Sec.
The Municipal Court shall have original jurisdiction of
all cases arising under the provisions of this Code and ordinances of the Town,
with full power to punish violators
thereof by the imposition of such fines and penalties as are prescribed in this
Code or by ordinance. (Prior
code 2-5.2; Ord. 01-20)
Sec.
The Municipal Court shall be presided over by a Municipal
Judge appointed by the Board of
Trustees. The Municipal Judge shall
serve for a term as set forth in
Section
Sec.
The Board of Trustees may appoint, in writing, such
additional Municipal Judges or Assistant Judges, as may be necessary, to act in
case of temporary absence, sickness, disqualification or other inability of the
presiding Municipal Judge to act.
(Prior code 2-5.16)
Sec.
In addition to any other
qualifications, any Municipal Judge appointed under this Chapter shall be
admitted to and currently licensed to practice law in the State. (Prior code 2-5.11)
Sec.
Before entering upon the
duties of his or her office, the Municipal Judge shall take an oath of
affirmation that he or she will support the Constitution of the
Sec.
The compensation of the
Municipal Judge shall be an annual salary in an amount set by ordinance of the
Board of Trustees, shall be payable as other salaries to municipal employees,
and shall not be decreased during his or her term of office. (Prior code 2-5.17; Ord.
01-20)
Sec.
(a) The presiding Judge shall
appoint a person to serve as Municipal Court Clerk whose duties shall be
such duties as delegated to him
or her by law, court rule or the presiding Municipal Judge. The compensation of the
Clerk shall be an annual salary in an amount as may be fixed by the Board of
Trustees
and shall be payable as other salaries to municipal employees.
(b) The Municipal Court Clerk shall file
monthly reports with the Board of Trustees of all money collected by him or her,
making timely deposits to the Town funds.
(Prior code 2-5.7)
Sec.
(a) There shall be regular
sessions of the Municipal Court for the trial of cases as may be fixed by the
presiding Municipal Judge. The Municipal Judge may hold special
sessions of court at any time, including Sundays, holidays and evenings. All sessions shall be open to the
public.
(b) Where the nature of the case
is such that it would be in the best interest of justice to exclude persons not
directly connected with the proceedings, the Municipal Judge may order that the
courtroom be cleared. (Prior code
2-5.3; Ord. 01-20)
Sec. 2-4-100. Rules of procedure.
In addition to other powers,
the presiding Municipal Judge shall have full power and authority to make and
adopt rules and regulations for conducting the business of the Municipal Court,
consistent with the Municipal Court Rules of Procedure promulgated by the
Colorado Supreme Court. (Prior code
2-5.4; Ord. 01-20)
Sec. 2-4-110. Court costs.
(a) Whenever the Municipal Judge
imposes any fine for any violation of a Town ordinance, in addition to such
fine or any other sentence, the Municipal
Judge may also assess the following
costs:
(1)
Eighteen dollars ($18.00) upon the entry of a plea of guilty or no
contest, or upon finding of guilty after a trial to the Court;
(2)
Twenty-five dollars ($25.00) plus all actual juror costs, upon a finding
of guilty after a trial to a jury or the entry of a plea of guilty or no contest
prior to the commencement of a trial to a jury, but after a jury has been
summoned, unless the Court has been notified of the prospective plea at least
forty-eight (48) hours prior to the date of the trial;
(3)
Thirty-five dollars ($35.00) upon the issuance of a bench warrant for
failing to appear in Court, failing to pay fines and costs or failing to comply
with any order of the Court;
(4)
Five dollars ($5.00) for each subpoenaed Town witness who appears at
trial upon a finding of guilty by the Court, by the jury or upon the entry of a
plea of guilty or no contest on the date of trial;
(5)
Forty dollars ($40.00) for failure to comply with terms and conditions of
a deferred judgment;
(6)
Twenty-five dollars ($25.00) upon the entry of any deferred
judgment;
(7)
Twenty-five dollars ($25.00) for rescheduling any Court
appearance;
(8)
Six dollars ($6.00) for every summoned juror who serves in a trial and
three dollars ($3.00) for every summoned juror who does not serve in a trial,
upon a finding of guilty after a trial to a jury; and
(9)
The actual cost of insurance coverage and supervision of persons
performing useful public service, including administrative costs incurred by the
Town, for those persons who must perform useful public service; said cost shall
be determined by the Court based on the amount the Town must pay for the
insurance coverage and supervision, including administrative
costs.
(b) In addition to any fines and
costs assessed by the Municipal Judge, there shall be added and separately
reported a surcharge of twelve dollars ($12.00) on any judgment imposed by the
Court, and upon any penalty assessment paid for a traffic violation, so long as
the judgment or penalty assessment is in excess of thirty-two dollars
($32.00). The monies raised by such
surcharge shall be used to establish and fund programs for victim and witness
assistance services for the Town as approved by the Board of
Trustees.
(c) For all appeals from
decisions in the Municipal Court to the District Court, the Court Clerk shall
require a transcript deposit according to the following schedule:
(1)
One-hundred-fifty-dollar
transcript
deposit
for a trial to the Court; and
(2)
Two-hundred-dollar transcript deposit for a trial to a
jury.
(d) The Municipal Court Clerk
shall charge the transcript preparation fee and photocopy cost prescribed by the
Supreme Court of Colorado. The
transcript deposit shall be applied against the preparation cost of a
transcript. If the preparation cost
of the transcript is more than the transcript deposit, the Court Clerk shall
require the requesting party to pay the additional cost to prepare the
transcript. The Municipal Judge may
waive the transcript deposit and transcript preparation cost in all instances of
proven indigence. (Prior code
2-5.5; Ord. 00-04 §1; Ord. 01-20; Ord. 02-26 §1; Ord. 03-13 §1)
Sec. 2-4-120. Transcripts.
Verbatim records of all
proceedings and evidence at trials of all cases coming before the Municipal
Court shall be kept by either electric devices or stenographic means. (Prior code 2-5.6)
Sec. 2-4-130. Trials.
(a) Trial by jury. A defendant shall be entitled to a trial
if:
(1)
The defendant is charged with an offense for which Section 16-1-101 et
seq., C.R.S., preserves the right to jury trial; and
(2)
Within twenty (20) days after arraignment or entry of a plea, the
defendant files with the Municipal Court a written jury demand and at the same
time tenders a jury fee of forty-five dollars ($45.00), unless the jury fee is
waived by the Municipal Judge
because of the indigence of the defendant.
(b)
Jury membership. The jury
shall consist of three (3) jurors unless a greater number, not to exceed six
(6), is requested by the defendant in a written jury demand. Jurors shall be selected from a jury
list as provided for courts of records, and shall be paid the sum
of:
(1)
Six dollars ($6.00) per day for actual jury service.
(2)
Three dollars ($3.00) for each day of service on the jury panel
alone.
(c)
Trial to Court. All other
charges to which the defendant has pled not guilty, but for which the defendant
has not perfected the right to a jury trial pursuant to Subsection (a) above
shall be tried to the Court with the Municipal Judge as fact finder. (Prior code 2-5.8; Ord. 05-07
§1)
Sec. 2-4-140.
Restraining orders.
(a)
To the extent permitted by law, the Municipal Court shall have authority
to issue temporary and permanent restraining orders to prevent domestic abuse,
whether or not such relief could be obtained in a domestic relations action
filed in District Court.
(b)
A temporary or permanent restraining order to prevent domestic abuse may
include:
(1)
Restraining a party from threatening, molesting, injuring or contacting
any other party or the minor children of either of the parties;
(2)
Excluding a party from the family home upon a showing that physical or
emotional harm would otherwise result.
(3)
Excluding a party from the home of another party upon showing that
physical or emotional harm would otherwise result. (Prior code 2-5.9)
Sec. 2-4-150.
Contempt power.
(a) When the Court finds any
person to be in contempt, the Court may vindicate its dignity by imposing on the
contemnor a fine not to exceed one thousand dollars ($1,000.00) and imprisonment
not to exceed a term of ten (10) days.
(b) In cases of indirect
contempt, the alleged contemnor shall have all the rights, privileges,
safeguards and protections of a defendant in a petty offense case, including but
not limited to a formal written complaint, arraignment and trial by jury. (Ord. 01-20)
Sec. 2-4-160.
Violations Bureau; penalty assessment notices.
(a)
Establishment. There is
hereby created a Violations Bureau within the Municipal Court. The Municipal Court is authorized to
establish by order the procedures by which a person may answer a charge of
traffic violations within the Town by paying a fine, pleading guilty in writing
and waiving a hearing through a mail-in process.
(b)
Designation of violations and penalties.
(1)
The Municipal Court is authorized to establish by order such violations
as are appropriate to be handled by the Violations Bureau. Subject to the limitations set forth in
this Code, the Municipal Court is also authorized to establish by order the
penalties that may be paid at the Violations Bureau without the need for an appearance in Court. The Municipal Court may also authorize a
reduction in points assessed if penalties are paid to the Violations
Bureau.
(2)
The Municipal Court is specifically authorized through the Violations
Bureau to process penalty assessment notices, and the Police Department is
specifically authorized to issue penalty assessment notices for traffic
violations consistent with the guidelines contained in Sections 42-4-1701(5),
42-4-1709 and 42-2-127(5.5), C.R.S.
(c)
Violations ineligible for
processing by the Violations Bureau. In no event shall the Violations Bureau
be authorized to process any of the following:
(1) Offenses resulting in an accident causing personal injury, death or appreciable damage to the property of another;
(2) Reckless driving;
(3) Exceeding the speed limit by more than nineteen (19) miles per hour;
(4) Exhibition of speed or speed contest;
(5) Compulsory insurance; and
(6)
Offenses in which the person charged is under the age of eighteen (18).
(d) Right to a hearing. Nothing in this Section shall be deemed to disqualify a person from having the right to a hearing and a trial to the extent otherwise permitted by law.
(e)
Plea bargains by mail. Nothing in the enactment of this Section
shall prevent the Municipal Court from offering plea bargains by mail for
offenses which are not within the authority of the Violations Bureau to process,
for which a summons and complaint is issued. Any such plea bargains offered by mail
shall be specifically authorized by the Municipal Prosecutor and shall include a
recitation of the alleged violator's constitutional rights and a Plea of Guilty and Waiver of Appearance
form providing the person receiving the offer with a choice of pleading guilty
and waiving a court appearance, or appearing in the Municipal Court on the date
specified in the plea bargain offer. Said plea bargain shall include the
imposition of any administrative costs and surcharges otherwise required by
ordinance. (Ord. 03-11 §1)
ARTICLE V
Police Department
Sec.
There is hereby
created a Police Department for the Town, which shall consist of one (1) Chief
of Police and as many police officers as may from time to time be deemed
necessary for the safety and good order of the Town. (Ord. 01-20)
Sec.
The Police
Department shall be operated and managed in accordance with such departmental
rules and regulations as may from time to time be adopted by the Board of
Trustees. (Ord.
01-20)
Sec.
(a) The Chief of Police shall be required to exercise a general supervision over the peace of the Town; shall suppress all riots, disturbances and breaches of the peace and enforce all ordinances and laws governing or in any way pertaining to his or her office. He or she shall be required to arrest and take before the proper authorities any person in the act of committing any offense against the laws of the State or the ordinances of the Town and shall, as far as possible, attend all public assemblies to which licenses or permits have been granted by the Board of Trustees. He or she shall be required to enforce all orders of the police magistrate in the matters of persons found guilty of violating the ordinances and shall be required to provide for the collection of all fees for the granting of licenses and permits.
(b) The Chief of Police shall receive such salary as shall be fixed by ordinance of the Board of Trustees.
(c) Before entering upon the
duties of such office, the Chief of Police shall take and subscribe to an oath
that he or she will support the Constitution of the United States, the
Constitution and laws of the State and ordinances of the Town, and that he or
she will faithfully perform the duties of the office upon which he or she is
about to enter. (Prior code 2-2.4,
2-2.5; Ord. 01-20)
Sec.
All members of
the Police Department shall have power and duties as
follows:
(1) They shall perform all duties
required by the Chief of Police.
(2) They shall be the enforcement
officers of the Town and shall see that the provisions of the ordinances of the
Town and the laws of the State are complied with. They shall arrest without process all
persons engaged in the violation in their presence of any provision of the
ordinances of the Town or the laws of the State.
(3) They shall execute and return
all writs and processes to them directed by the Municipal Judge in any case
arising under a Town ordinance, and they may serve the same in any part of the
County. (Ord.
01-20)
Sec.
Before entering
upon the duties of his or her office, each police officer shall take and
subscribe an oath that he or she will support the Constitution of the United
States, the Constitution and laws of the State and the ordinances of the Town,
and that he or she will faithfully perform the duties of the office upon which
he or she is about to enter. (Ord.
01-20)
ARTICLE VI
Planning Commission
Sec.
The Board of Trustees believes Town planning should be made for the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the Town and its environs which will, in accordance with future needs, best promote health, safety, morals, order, convenience, among other things, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, and adequate provisions of public utilities and other public requirements. (Prior code 2-3.2)
Sec.
Pursuant to the provisions of Sections 31-23-201 through 31-23-227, C.R.S., there is created a Planning Commission. Pursuant to the provisions of Section 31-23-203(4), C.R.S., the Planning Commission shall be expanded to a total of seven (7) members. The seven (7) regular members of the Planning Commission shall not otherwise be officials of the Town, except that one (1) regular member of the Planning Commission may also serve on the Board of Adjustment. The seven (7) regular members of the Planning Commission shall be appointed by the Board of Trustees for a term of four (4) years. (Prior code 2-3.3)
Sec.
Vacancies amongst the regular members shall be filled by the Board of Trustees by appointment within a reasonable time of written notification of the vacancy. Persons appointed to fill a vacancy shall assume the term of the person whom they are replacing and shall not commence a new four-year term. (Prior code 2-3.4)
Sec.
The Planning Commission shall have all the powers granted and shall perform all the duties imposed by Sections 31-23-201 through 31-23-227, C.R.S. (Prior code 2-3.5)
ARTICLE VII
Tree Board
Sec.
It is the purpose of this Article to create a Board to oversee the responsibilities associated with advising the Board of Trustees on the general condition of trees on public property, improving the conditions of trees on public property, accomplishing general needs and special projects related to trees, and advising on the planting, maintenance and removal of trees, shrubs and other plants within the Town. The Board is also intended to encourage good and practical landscape plans for the Town, to unify the different areas of the Town, add interest and color to the Town, and make the Town a more beautiful place. (Prior code 2-8.1)
Sec.
There is hereby created and established the Tree Board, which shall consist of a minimum of three (3) members and a maximum of seven (7) members. The members of the Tree Board shall be appointed by the Board of Trustees and shall serve without compensation. The initial term of the first three (3) members of the Tree Board shall be three (3) years, and the initial term of the remaining four (4) members, if appointed, shall be for two (2) years. After the initial terms are served, all such subsequent terms shall be for three (3) years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. (Prior code 2-8.2; Ord. 03-06 §1)
Sec.
The duties and responsibilities of the Tree Board shall be as follows:
(1) To advise the Board of Trustees regarding all trees, shrubs and other plants located on public property;
(2) To oversee that desirable trees for planting within the Town both on Town property and on private property include trees which are found to be best adapted to the climate conditions of the Town;
(3) To develop and maintain a list of desirable trees for planting in the Town along with a list of trees deemed undesirable. This list shall be revised as needed and made available, at the Town Hall, to any interested party;
(4) To assist the Board of Trustees in ensuring that existing Town trees are adequately maintained;
(5) To advise the Board of Trustees regarding the existence of any trees on public or private property that may constitute a public nuisance within the meaning of Chapter 7, Article I of this Code;
(6) To advise both the Board of Trustees and private property owners regarding adequate tree care, including, but not limited to:
a. Acting as a resource regarding planting, staking and care of trees;
b.
Discouraging tree topping and the severe cutting back of trees in a
manner that is contrary to the public health, safety and welfare;
and
c.
Encouraging the use of trees, shrubs and other plants in a manner that is
in harmony with the surrounding area and the Town.
(7)
To coordinate Arbor Day events; and
(8)
To keep minutes of its proceedings.
(Prior code 2-8.3)
ARTICLE VIII
Historic Advisory Board
Sec.
The Board of Trustees hereby creates the Historic
Advisory Board which shall have principal responsibility for matters of historic
preservation. (Prior code 15-1.2;
Ord. 02-14 §1)
Sec.
The Historic Advisory Board shall consist of seven (7)
members providing a balanced, community-wide representation. Persons who have an interest and
knowledge of local history and culture are especially encouraged to apply. (Prior code 15-1.2; Ord. 00-14 §1; Ord.
02-14 §1)
Sec.
Members of the Historic Advisory Board shall be appointed by the Board of Trustees and shall serve three-year staggered terms from the date of the appointment. Members may continue to serve until their successors have been appointed. Appointments to fill the vacancies on the Historic Advisory Board shall be made by the Board of Trustees. All members of the Historic Advisory Board shall serve without compensation e