HomeMy WebLinkAbout2001 Ordinance No. 057•
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ORDINANCE N~
SERIES OF 2001
BY AUTHORITY
COUNCIL BILL NO. 61
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AMENDING TITLE 1 , CHAPTE R 7, SECTION 2; TITLE 1,
CHAPTER 7A, SECTIONS 14 AND 15, OF THE ENGLEWOOD MUNICIPAL CODE
2000 PERTAINING TO JURISDICTION, POWER.
WHEREAS, the.re ie a judicial need to aaeess some at-risk, delinquent juveniles to
aid the Court in ta.king appropriate action: and
WHEREAS, this Ordinance will clarifiy the current ordinance with respect to
parental responsibility for an aa9eeament; and
WHEREAS, the passage of thia Ordinance helps implement a prooeaa for crosa
agency information s haring;
NOW, THEREFORE , BE !T ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS,
~-The Ci!;y Council of the City of Englewood, Colorado hereby amende Title
l . Chapter 7, Secti.on 2, of the Englewood Municipal Cod.e 2000, to read ae follows:
1-7-2: Jurisdiction. Power.
A . The Municipal Court shall h a ve original Jurisdiction of all cases arising under
the Code of Ordinancee of the City with full power to carry the same into
e ffe<.-t and to punish violatione thereof by the imposition of auch fines and
penalties ae in such Code provided: it shall have all powere incident to a
court of record in relation to the attendance of witne88ee. the punishment of
cont.empt. issuance of warrants and e nforcing of ordere of the Court.
B. De/inili<l1L· Misbehavior of any person in the presence of the Court, or
m.iabehavior eo near thereto as to obstruct the adminiatration of Justice,
misbehavior of any officer of the Court in his official transactions and
disobedience or resistance of any penon or interference with any lawful
procesa, order, rule. or command of the Englewood Municipal Court or any ac:t
or omission designated as contempt by this Code or the Colorado Municipal
Court Rules of Procedure shaU conatitute contempt.
C . 1,. Presence of Courl: When contempt i• wmmitted in the presence of the
Englewood Municipal Court. it may be punished summarily. In •uch a case,
an order shall be made tteiting the facts coru,tituting the a,ntec:,pt,
adjudging the contemner guilty of contempt and prescribing the punishment
therefor .
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Out of Prese1tce of Court: When it appears to the Court by motio n supported
by affidavit that a contempt has been committed outside of the presence of
the Court, the Court may ex parte order a citation to i89ue to the penon ao
charged to appear and show cause at a time designated why he/ebe aball not
be punished therefor. However, in the case where a person fails to appear a t
a court bearing after being ordered to do ao by a properly execut.,d document,
either the Court aua sponte or on motion, may order such citation supported
by a copy o.fthe executed document requiring attendance in lieu of the
Bffidavit. The citation and a copy of the supporting documenta shall be
served upon such person a reaeon.nble time before the time designated, or, if
the Court so orders, when the citation is issued or thereafter, a warrant for
hia/her arreet may isaue to any peace officer. Such warrant aball fix the time
for production of the person into Court. The Court shall direct by
endorsement thereon the amount of bail or bond required. Such pe rson shall
be diacharged upon delivery to and approval of any peace officer or clerk of a
court of record, so deeignated by a Police Chief, she~ or judge of a court of
record of a bond corresponding to the reqwremente establi,;hed by the Court.
If be/aha fails to make bond, he/abe ahall be kept in custody subject to an
order of the Court.
The Court aball bear evidence for and against the pel'80n charged and it may
find him/her guilty of contempt and by order preacribe the puniabmeo.t
therefor. The maximum punishment that can be imposed is as is aet forth in
Section 1-4-1 of this Code. However, in impoeing punishment for contempt on
minors, the Court ia not limited to the reatrictions of aubaection 1-4-1B of
th.ia Cod.e but cannot adjudge confinement in excesa of forty-eight (48) hours.
Also, the Court may impose eosta of the contempt proceedin11s.
F. No Con.la.ct Orders Pri.or to Trial:
1. For the purpose of this Section the following definition applies: No
Contact Order -an order issued by the Judge of the Englewood
Municipal Court prohibi ting a person from initiatiJlg any contact with
an.other pers on at any place or through any mean~ designated in the
order for a period of time designated in the order. However, a
restricted contact can be provided for in such order under limited
conditions, times, places, and circumstances.
2 . The Judge of the Englewood Municipal Court may, in bis/her
discretion for good cause shown, issue a No Contact Order agairu,t
defendante before trial when the i88uance of such order is to protect
the safety of persons or prevent damage to property.
3. The Municipal Court Judge may require a aurety bond to en~ure that
said defendant shall obey the No Contact Order. Upon a violation of
the No Contact Order by the defendant, the Court can order forfeiture
of the bond.
4 . Each violation of a No Co ntact Order is a separete contempt and can
be puniabed aa provided in subs ection E of this Section.
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o. Rqk9frHnc Qrclm,·
1. The Judge of the Enclewood Municipal Court may, in hia/b&r
discretion. issue tempo.rary and permllD&nt restraining orders to
prevent domestic abuse whether or not such relief could be obtained
in a domestic relations action filed in a district court.
2 . Action to obtain such relief ia initiated by filing a complaint, duly
verified, alleging that the defendant baa committed acts coru,tituting
domestic abuse against the plaintiff or a minor child of either of the
parties. Upon the filin11 of such complaint aftor hearins the evidence
and beine fully satisfied therein that sufficient caw,e exiata, the
Municipal Court Judge may issue a temporary restraining order to
prevent domestic abUBe and a citation directed to the defendant,
commanding the person to appear before the Court at a epecifi.c ti.me
and date, to show cause, if any, why said Wmpora.ry restraining
order s hould not be made permanent.
3 . If. a t the hearing held by the Municipal Court Judge upon the filina: of
such complaint. the defendant is present and participates in the
hearing , the Municipal Court Judge if otherwise satisfied proper
cause is shown . may issue a permanent restraining order.
!!• Jiw:r•ile Evalu,q/io11;
1 . The Jude of t;;~ Englewood Municipal Court max in hia/her
discretion order a iuvenile to obtain an evaluation from the 18th
Jud ;cial Diatrict Juvenile Aae eument Center-
~-Awn to obtain such relie(is initiated by filing a complaint duly
verified alleging that the defendant is a iuyepile that ie at ri ■k
and/or a delinquent Ueon the filing of such complaint after hearing
th e evidence and beins fully satisfied therein that aufficient cauaa
exiata the Municipal Court Judp may isa·ue an order to have the
;uveni]e obtain such on evaluation
~-The City Council of the City of Englewood. Colorado hereby amenda Title
1, Chapter 7A, Section 14 , of the Englewood Municipal Code 2000, to read as follows:
l -7A-14: l1npe1illion afSeR1le1u!le Probatiog.
Any person who pleads guilty or no contest, or i s convicted of a violation of
any provision of this Code. may as h ereinafte r provided. b e p laced upon supervised
or unsupervised probation by a Municipal Judge for a term not to exceed one year.
Probation s tatus may be in lieu of or in addition to any 6ne or jail sentence impose d
for the violation and mav include the altern atives in se ntencing set fonh in 1·7A-l:>
.WC,.
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~-The City Council of the City of Englewood, Colorado hereby amenda Title
l, Chapter 7A, Section 15 , of the Englewood Municipal Code 2000, to read as follows:
1-7A-115: Alternative ■ in Sentencins.
A. Within t he limitations of the penaltie& provided fo,• the offense of which o p ~ on
is found guilty or pleads guL ty or no contest, and eubj ct to the provis1otJ of
these rules, the Trial Court has the following altemativea . which are nor
mutually excluaive, in entering judgment ond imposing eentence:
1. The defendant may be sentenced t-o pay a fine, to imprisonment, or i>oth.
within the minimum and maximum sentence authomed .
2. .~• •., ,:-;:,l"f. of the sentence ma)" be suspe nded and the defendant placed on
p robatio1, !or a ~rm not longer than one year.
3. The Court, with th<' consent of the defendant and the prosecution, may
defer judgment and sentence for a term not longer than one year.
4 . The defendant may be sentenced t-o payment of costs.
B. The Municipal Court Jud"'e may impoee reasonable conditions including the
attendance of the defendant and the parent iC the defendant i• a juvenile at
claues or couneelin@, upon AW!pended sentences and periods of probation and
revoke such suspensions and periods of probation and r einstate any ae.ntence
adjudged or impa.e any authoriz.ed sentence for a violation of the conditions.
Sec;tjon 4 Safety CJo~K& The City Council hereby finds. determines, and
declares that thia Ordinance is promulgated under the general police power of the
C ity of Englewood, that it ia promulgated for the health, aalety, and welfare of the
public, and that this Onl.inance is necessary for the preservation of health and safety
and for the protection of public convenience and welfare. 1" e City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtain.ed.
Section 5 Seyerabjlity If any claus , _,P ntence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances •hall for any
reoaon be adjudged by a court of competent jurisdiction invalid , such judgment shall
not affect, impair or invalidate the remainder of this Ordinance or it application to
other persona or circumstances.
Section 6 lnronsistent Ordinances All other Ordinances or porti ons thereof
inconsistent or conflicting with t .his Ordinance or any portion hereof are hereby
repealed to the extent of such inconsis tency or conflict.
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• Sgctjon 7 Effect g( repeal or modj§catjpn The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extiniruish, alter, modify , or chanp in whole or in part any penalty, forfeitun, or
liability. either civil or c:riminal, which shall have been incurred under euch provillion,
and each provision shall be treated and held as still remaining in force for the
purpoaea of sustaining any and all proper actions, suits, proceedinii•, and
prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for
the purpose of au•taining acy judgment, decree, or order which can or may be
rendered, entered, or made in auch actioruo . auita, proceedings, or proaecutioaa.
Sectjgn 8 fG<x. The Penalty Provision of Section 1·4-1 EMC shall apply to
each and every violation of this Ordinance.
Introduced. read in full, and paased on first reading on the lat day of October,
2001.
Published aa a Bill for an Ordinauce on the 5'" day of October, 200 l.
Read by title and passed on final reading on the 15" day of October, 2001.
Publiehed by title aa Ordinance No.:iL Series of 2001 , on the 19th day of
October, 2001.
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I. Loucriabia A. Ellis, City Clerk of the City of Englewood, Colorado. hereby certify
that the above and foregoing i.8 a true COJ<c~ the Ordfoance ed on final reading
and published by title as Oniinance No"-7' Series o 200
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Date
October 1, 200 1
I NITIATED BY : Municipal Court
COUNCIL COMMUNICATION
Agenda Item
10 a i
Subject:
Ord. Amending Tidt 1-7-2
I STAFF SOURCE: Tamara Wolfe
Court Administrator
COUNCIL GOAL NO PREVIOUS COUNCIL ACTION
To c o r,tm ue to impr;,ve appropriate servic e le v els and pro grams av ailable to the Court.
RE C OMMENDED A( , ON
The Municipal L "urt r".:ommends that C ouncil adopt a bill for an o rdinance amending Title 1--2 of
the Englewo od Municipal Code p ertaining to Jurisd ict ion and Power o i th e Co urt
BACKGRO UND, A IALYSIS, AND ALTERNA-:lVES IDENTIFIED
There is a jt..d ici al need to assess some at-risk or delinquent juvenilts prior to determinirg if it is
appropriate for the Court 10 accept a plea. Th i s amendment would ex tend the Court's authority
w ithin this limited scope. It fu rthe r clarifies th e c urrent ordinance with respect to parental/guardian
responsil:,ility for ensur ing an assessment is o b tained. In addition. utilizin g the Ju venile
Assessment Center aids in implementing a process for cross agency i nformation sharing.
FINANCIAL IMPAL"T
N o ne
LIST OF ATTACHMENTS
Proposed Counci l Bill N o . 6 1