CHAPTER 2
Administration and Personnel
Article I Elections
Sec. 2-1-10 Conduct of elections
Sec. 2-1-20 Write-in candidate affidavit
Sec. 2-1-30 Cancellation of election
Article II Mayor and Board of Trustees
Sec. 2-2-10 Board of Trustees; terms, authority, qualifications and vacancies
Sec. 2-2-20 Mayor
Sec. 2-2-30 Mayor Pro Tem
Sec. 2-2-40 Acting Mayor
Sec. 2-2-50 Compensation
Sec. 2-2-60 Regular meetings
Sec. 2-2-70 Special meetings
Sec. 2-2-80 Conduct of meetings; voting
Sec. 2-2-90 Boards and commissions
Article III Officers and Employees
Sec. 2-3-10 Appointed officers
Sec. 2-3-20 Town Clerk duties and salary
Sec. 2-3-30 Town Administrator employment
Sec. 2-3-40 Town Administrator functions and duties
Sec. 2-3-50 Oath of office; bond
Sec. 2-3-60 Removal of Town officers
Sec. 2-3-70 Nepotism
Article IV Municipal Court
Sec. 2-4-10 Creation of Municipal Court
Sec. 2-4-20 Original jurisdiction
Sec. 2-4-30 Appointment of Municipal Judge
Sec. 2-4-40 Assistant Judges
Sec. 2-4-50 Qualifications of Judge
Sec. 2-4-60 Oath of office
Sec. 2-4-70 Compensation of Judge
Sec. 2-4-80 Court Clerk
Sec. 2-4-90 Sessions generally
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. 2-5-10 Creation; composition
Sec. 2-5-20 Departmental rules and regulations
Sec. 2-5-30 Chief of Police; appointment, duties and salary
Sec. 2-5-40 Duties of police officers
Sec. 2-5-50 Oath of officers
Article VI Planning Commission
Sec. 2-6-10 Purpose
Sec. 2-6-20 Created
Sec. 2-6-30 Vacancies
Sec. 2-6-40 Powers
Article VII Tree Board
Sec. 2-7-10 Purpose
Sec. 2-7-20 Created; membership
Sec. 2-7-30 Duties
Article VIII Historic Advisory Board
Sec. 2-8-10 Created
Sec. 2-8-20 Membership
Sec. 2-8-30 Appointments and terms of office
Sec. 2-8-40 Quorum and voting
Sec. 2-8-50 Officers
Sec. 2-8-60 Meetings
Sec. 2-8-70 Powers and duties
Sec. 2-8-80 Conduct of business
ARTICLE I
Elections
Sec. 2-1-10. Conduct of elections.
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. 2-1-20. Write-in candidate affidavit.
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. 2-1-30. Cancellation of election.
(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. 2-2-10. Board of Trustees; terms, authority, qualifications and vacancies.
(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. 2-2-20. Mayor.
(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 2-2-10 above.
(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. 2-2-30. Mayor Pro Tem.
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. 2-2-40. Acting Mayor.
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. 2-2-50. Compensation.
(a) Mayor.
Commencing with the term beginning in April 2010, the Mayor shall
receive compensation in the amount of three hundred dollars ($300.00) per
month;
(b) Board of Trustees. Compensation for the Board of Trustees shall
be one hundred fifty dollars ($150.00) per month, based on a rate of
seventy-five dollars ($75.00) per regular meeting, to be paid as follows:
(1) Those members of the Board of Trustees whose terms commence in April of 2010 shall be paid as of that date; and
(2) Those members of the Board of Trustees whose term expires in April of 2012 shall be paid commencing with the new terms in April 2012.
Provided, however, a member of the Board of Trustees may miss up to two (2) meetings per year without impacting the compensation paid pursuant to this Section. In the event a Board member misses in excess of two (2) meetings in one (1) calendar year, compensation for the remainder of the calendar year shall thereafter be at a rate of seventy-five dollars ($75.00) per regular meeting actually attended.
(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; Ord. 08-02 §1; Ord. 09-04 §1)
Sec. 2-2-60. Regular meetings.
The regular meetings of the Board of Trustees will be convened at 7:00 p.m. on the second and fourth Tuesday evenings of each month, at the Town Hall. In the event the time, day or location of the regular meeting must be changed on a temporary basis, the Board of Trustees may do so by Motion, and the change of time, day or location must be noticed in accordance with the Colorado Open Meetings Law, Section 24-6-401, et seq., C.R.S., as the same may be amended from time to time. (Prior code 2-1.7; Ord. 00-05 §1; Ord. 01-20; Ord. 05-04 §1)
Sec. 2-2-70. Special meetings.
(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. 2-2-80. Conduct of meetings; voting.
(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. 2-2-90. Boards and commissions.
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. 2-3-10. Appointed officers.
(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. 2-3-20. Town Clerk duties and salary.
(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. 2-3-30. Town Administrator employment.
(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 2-3-40 below.
(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 Elizabeth Personnel Policy Manual.
(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. 2-3-40. Town Administrator functions and duties.
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. 2-3-50. Oath of office; bond.
(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 United States and the State and the ordinances of the Town.
(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. 2-3-60. Removal of Town officers.
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. 2-3-70. Nepotism.
(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. 2-4-10. Creation of Municipal Court.
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. 2-4-20. Original jurisdiction.
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. 2-4-30. Appointment of Municipal Judge.
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 2-3-10. Any vacancy occurring in the office of the Municipal Judge shall be filled by appointment of the Board of Trustees for the remainder of the unexpired term. Additional judges as may be needed to transact the business of the Court may be appointed by the Board of Trustees for such terms as necessary. If more than one (1) Municipal Judge is appointed, the Board of Trustees shall designate a presiding Municipal Judge, who shall serve in this capacity during the term for which he or she was appointed. (Prior code 2-5.10, 2-5.12, 2-5.14, 2-5.15; Ord. 01-20)
Sec. 2-4-40. Assistant Judges.
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. 2-4-50. Qualifications of Judge.
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. 2-4-60. Oath of office.
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 United States, the Constitution of the State and the laws of the Town, and will faithfully perform the duties of his or her office. (Prior code 2-5.13; Ord. 01-20)
Sec. 2-4-70. Compensation of Judge.
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. 2-4-80. Court Clerk.
(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. 2-4-90. Sessions generally.
(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. 2-5-10. Creation; composition.
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. 2-5-20. Departmental rules and regulations.
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. 2-5-30. Chief of Police; appointment, duties and salary.
(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. 2-5-40. Duties of police officers.
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. 2-5-50. Oath of officers.
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. 2-6-10. Purpose.
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. 2-6-20. Created.
Pursuant to the provisions of Section 31-23-203, 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 no less than five (5) nor more than seven (7) members, plus two (2) nonresident nonvoting Elbert County representatives as follows:
(1) The Board of Trustees shall appoint no less than five (5) nor more than seven (7) members.
(2) The 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 regular members of the Planning Commission shall be appointed by the Board of Trustees for a term of four (4) years.
(3) The two (2) nonresident representatives shall not be considered members of the Planning Commission as defined by Section 31-23-203(2), C.R.S., and shall instead be nonvoting representatives residing and owning land in Elbert County within the Town's Three-Mile Influence Area, as the same may be defined from time to time. The two (2) nonresident representatives shall be entitled to participate in all discussions of the Planning Commission and shall participate in all respects in Planning Commission matters, except that the nonresident representatives shall not be voting members of the Planning Commission. The two (2) nonresident representatives shall be appointed by the Board of Trustees for a term of two (2) years.
(4) In the event any member or nonresident representative of the Planning Commission ceases to be qualified to serve on the Planning Commission as provided above, his or her membership on the Planning Commission shall automatically terminate. (Prior code 2-3.3; Ord. 07-04; Ord. 07-06)
Sec. 2-6-30. Vacancies.
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. 2-6-40. Powers.
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. 2-7-10. Purpose.
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. 2-7-20. Created; membership.
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. 2-7-30. Duties.
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. 2-8-10. Created.
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. 2-8-20. Membership.
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. 2-8-30. Appointments and terms of office.
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 except for such amounts determined appropriate, in advance, by the Board of Trustees to offset expenses incurred in the performance of their duties. Members of the Historic Advisory Board may be removed by the Board of Trustees without cause being stated. (Prior code 15-1.2; Ord. 02-14 §1)
Sec. 2-8-40. Quorum and voting.
A quorum for the Historic Advisory Board shall consist of at least fifty percent (50%) of its sitting members. A quorum is necessary for the Historic Advisory Board to conduct business including holding a public hearing. A roll call vote shall be taken upon the request of any member. A tie vote shall be deemed a denial of the motion or recommended action. (Prior code 15-1.2; Ord. 00-14 §2; Ord. 02-14 §1)
Sec. 2-8-50. Officers.
The Historic Advisory Board shall, by majority vote, elect one (1) of its members to serve as chairperson to preside over the meetings and one (1) member to serve as vice-chairperson. The members so designated shall serve in these capacities for terms of one (1) year. (Prior code 15-1.2; Ord. 02-14 §1)
Sec. 2-8-60. Meetings.
The Historic Advisory Board shall establish a regular meeting schedule. Minutes shall be kept of all proceedings. (Prior code 15-1.2; Ord. 02-14 §1)
Sec. 2-8-70. Powers and duties.
The Historic Advisory Board shall, after solicitation of public comment and at a properly noticed public meeting:
(1) Recommend eligibility criteria for the designation of historic resources and for review of proposals to alter designated resources;
(2) Review and determine qualifications of properties nominated for designation as either an historic structure, site or district and recommend to the Board of Trustees approval or denial of a designation;
(3) Upon a property owner's request, review and make recommendations to the owner on proposed alterations to a designated historic structure, site or district;
(4) Advise and assist owners of historic properties on physical and financial aspects of preservation, renovation, rehabilitation and reuse, including nomination to the Town Register, the State Register and the National Register of Historic Places;
(5) Develop and assist in public education programs including, but not limited to, walking tours, brochures, a marker program for historic properties, lectures, exhibits and conferences;
(6) Conduct surveys of historic sites, properties and areas for the purpose of defining those of historic significance, and prioritizing the importance of identified historic areas. The Historic Advisory Board may create a list of structures of historical or archaeological merit which have not been designated;
(7) Advise the
Board of Trustees on matters related to preserving the historic character and
substance of the Town and recommend easements, covenants, licenses and other
methods which would implement the completion of purposes of this Article; and
(8) Actively pursue financial assistance for preservation-related programs. (Prior code 15-1.2; Ord. 02-14 §1)
Sec. 2-8-80. Conduct of business.
The Historic Advisory Board shall conduct its business in accordance with the public meetings acts, public records act and other laws applicable to local public bodies. The Historic Advisory Board shall propose to the Board of Trustees bylaws as the Historic Advisory Board deems necessary. (Prior code 15-1.2; Ord. 02-14 §1)