Section 8-2-1. Commencement of Actions--Process.

Any action brought in the Municipal Court to recover any criminal fine or punishment or to enforce any civil penalty or forfeiture under any ordinance of the City of Northglenn shall be filed in the corporate name of the City of Northglenn by and on behalf of and in the name of the people of the State of Colorado and as provided in Section 8-2-1(c).

Any process issued from or out of the municipal court shall be in the corporate name of the City of Northglenn by and on behalf of and in the name of the people of the State of Colorado and as provided in Section 8-2-1(c) of this ordinance, and shall be executed by any authorized law enforcement officer.

In all prosecutions process shall be in the name of "The People of the State of Colorado"; all prosecutions shall be carried on in the name and by the authority of "The People of the State of Colorado," and shall conclude, "against the peace and dignity of the same."

Any authorized law enforcement officer of the City of Northglenn may execute within the City of Northglenn any summons, process, writ or warrant issued by a municipal court from another jurisdiction and arising under the ordinances of such municipality for which penalty points may be assessed under Section 42-4-123 of the Colorado Revised Statutes of 1973(as amended) ; however, the issuing municipality shall be liable for and pay all costs of service or incarceration incurred in connection with such service or execution.

The clerk of the municipal court shall issue a subpoena for the appearance of any witness in the municipal court on the oral or written request of either a municipal judge, the city attorney, a law enforcement officer of the City of Northglenn, a defendant, or an attorney for a defendant.

No fee shall be charged for the issuance of a subpoena.

Subpoenas may be served on any person within the jurisdiction of the court in the manner prescribed by the Colorado Municipal Court Rules of Procedure.

Any person subpoenaed to appear as a witness in the municipal court, except employees of the City of Northglenn, shall be paid a witness fee in the amount of $5.00 plus mileage at the rate provided for witnesses by statute.

[Source: Ord. 229, 1973; 949, 1989; 1034, 1991]

Section 8-2-2. Powers and Procedures.

The judge of the Municipal Court shall have all the express and implied judicial power relating to the operation of the court, provided however, that those judicial powers shall be subject to the United States Constitution, the Colorado Constitution, the Colorado Municipal Court Rules of Procedure when applicable, Colorado Statutes when applicable and the ordinances of the City.

Personal Recognizance--bail. It shall be the public policy of the City of Northglenn that the municipal court shall not cause any person accused of violating an ordinance to be incarcerated pending trial or to post bail bond pending trial, unless the judge has reason to believe that a defendant may fail to appear for arraignment or trial or as otherwise required.

As used in this Section 2:

"Bail" means the amount of money set by the court which is required to be obligated and secured as provided by law for the release of a person in custody to assure that such person will appear before the court in which such person's appearance may be required or that such person will comply with conditions set forth in a bond.

"Bond" means an undertaking with or without security entered into by a person in custody by which such person is bound to comply with the conditions of the undertaking.

The municipal judge may establish reasonable conditions of the bond or undertaking and may provide for revocation of bail and arrest of the defendant upon violation of any such condition or conditions.

The municipal court may adopt a bail schedule and authorize the bail to be fixed as therein provided in the case of any person arrested for violation of a municipal ordinance.

The clerk of the municipal court, and any person appointed by the municipal judge as a deputy clerk of the municipal court, shall have the authority to accept proper bonds for the bail fixed by the court, and to authorize the release on bail of the person making such bond.

In cases when the municipal judge requires the posting of bond, the municipal judge may, in the municipal judge's discretion, direct the clerk of the municipal court to accept as bond:

Cash in the full amount of the bail;

A bond for the full amount of the bail made by the owner or owners of real or personal property situated in the State of Colorado; or

A bond signed by any surety residing in the State of Colorado or executed by a professional bail bondsman.

In cases where the municipal judge requires the posting of bond, a nonrefundable bail bond fee in the amount of ten dollars ($10.00) shall be paid to the clerk of the municipal court.

Civil Matters--No Bail. The Municipal Court shall not cause any arrest warrant to be issued, and shall not require any bail bond to be posted, for any person charged with a traffic infraction which constitutes a civil matter under Section 7-1-13(b) who has failed to appear in court or otherwise answer as directed by a properly served Summons and Complaint, or who has failed to pay a civil penalty or court costs as assessed by the Municipal Court Judge.

[Source: Ord. 128, 1971; 229, 1973; 949, 1989; 1034, 1991; 1349, 2003; 1824, 2022; 1826, 2022]

Section 8-2-3. Sentencing and Assessing Costs. Any person convicted of, or pleading guilty or no contest to, violating an ordinance may be punished by a fine in an amount not to exceed the amount provided in Section 1-1-10(a)(2) of this Code, or by imprisonment for a period of not more than one (1) year, or by both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment for violation of any provision of this Code.

In sentencing a person, the Municipal Judge shall not exceed the civil penalty or fine limitations established by ordinance or established by a fine schedule published pursuant to Rule 210(b) (5), Colorado Rules of Municipal Court procedure. Notwithstanding any provision to the contrary, in any case involving damage to government-owned or government-leased property restitution in an amount equal to the property loss caused by the defendant shall be imposed by the court at the time of sentencing and shall not be waived or suspended by court.

The Municipal Judge may suspend the whole or part of the jail sentence, civil penalty, or fine imposed upon any person, or place such person on probation for a period not to exceed twelve (12) months.

In addition to the imposition of any civil penalty or fine, the municipal judge may assess the following costs against defendants:

Twenty dollars ($20.00) -- upon the entry of a default judgment or a plea of guilty or no contest on the date that the defendant was ordered to appear in court or otherwise answer as directed by a properly served summons and complaint.

Twenty dollars ($20.00) -- upon the entry of a default judgment, or a plea of guilty or no contest on the date of trial to court or twenty dollars ($20.00) upon a finding of guilty after a trial to the court.

Forty-five dollars ($45.00) plus all actual jury costs -- upon being found guilty after a trial to a jury or the entry of a plea of guilty or no contest prior to commencement of a trial to a jury and after a jury has been summoned, unless the court has been notified on the prospective plea at least forty-eight (48) hours prior to the trial.

Fifty dollars ($50.00) -- upon the issuance of a bench warrant for failing to appear in court, failing to pay a fine and costs and/or failing to comply with an order of the court; provided, however, that such bench warrant fee shall not apply to civil infractions specified in Section 7-1-12(b).

Five dollars ($5.00) -- per each subpoenaed City witness who appears at a trial resulting in a finding of guilty by the court or jury, or in the entry of a default judgment, or a plea of guilty or no contest. Nothing herein shall prevent such subpoenaed witness from receiving a witness fee from the City in the event the defendant is found not guilty at trial.

Ten dollars ($10.00) -- victim assistance and law enforcement assessment pursuant to Section 8-4-4.

One hundred dollars ($100.00) -- upon the entry of a deferred sentence or deferred prosecution.

Ten dollars ($10.00) -- upon the entry of a stay of execution.

Sixty-five dollars ($65.00) -- upon defendant's request to seal his or her criminal justice record for violations other than convictions.

Court supervision fees for a defendant who is sentenced to probation as follows:

One hundred dollars ($100.00) for a defendant who is sentenced to supervised probation; and

Fifty dollars ($50.00) for a defendant who is sentenced to unsupervised probation.

The Municipal Judge shall have the full power and authority to order restitution, impose fines, fees and costs as set forth herein, and impose alternative sentences that the Municipal Judge determines to be in the interest of justice, including, but not limited to, restorative justice practices, and those alternative sentencing procedures as set forth in Section 8-2-9.

In the event a defendant fails to pay any fine, penalty, cost, fee, or restitution ordered by the Municipal Judge by the date so ordered, the Municipal Judge may refer a portion or all of the unpaid amount to a collection agency for collection, and the Municipal Judge may order the defendant to pay an additional amount not to exceed 18% of the amount collected. The Municipal Judge shall have such authority regardless of the date upon which the fine, penalty, cost, fee, or restitution order was issued.

[Source: Ord. 1130, 1995; 1191, 1998; 1259, 2000; 1349, 2003; 1420, 2005; 1659, 2013; 1688, 2014; 1742, 2017; 1798, 2020; 1827, 2022]

Section 8-2-4. Trials.

Trial by Jury. A defendant shall be entitled to a jury trial if:

The defendant is charged with an offense for which Section 16-10-101, Colorado Revised Statutes, as amended, preserves the right to a jury trial, and if

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 $25.00, unless the jury fee is waived by the judge because of the indigence of the defendant.

No child under the age of eighteen years shall be entitled to a trial by jury for a violation under the Northglenn Municipal Code.

Jury Membership. The jury shall consist of three jurors unless a greater number, not to exceed six, is requested by the defendant in a written jury demand. Jurors shall be selected from a jury list as provided for courts of record, and shall be paid the sum of:

$10.00 per day for actual jury service; and

$5.00 for each day of service on the jury panel alone.

Trial to the Court. All other charges to which the defendant has plead not guilty, but for which the defendant has not perfected the right to a jury trial pursuant to subsection (a) of this section, shall be tried to the court with the municipal judge as fact-finder.

[Source: Ord. 950, 1989; 1110, 1994; 1224, 1999; 1582, 2010]

Section 8-2-5. Writs of Habeas Corpus. The municipal court judge shall have the power to issue writs of habeas corpus pertaining to incarceration or other restraints of persons connected with or alleged to be connected with the alleged violation of an ordinance. There shall be no costs assessed in connection with any such writ of habeas corpus.

[Source: Ord. 949, 1989]

Section 8-2-6. Rules of Court.

In all criminal matters before the court, the Municipal Court shall follow the Municipal Court Rules of Procedure promulgated by the Colorado Supreme Court to govern criminal matters in municipal courts.

In all civil matters or special proceedings before the court, the Municipal Court shall follow such rules of procedure as are adopted by the ordinance providing for such civil matters or special proceedings.

In the absence of a rule, statute, or ordinance governing any procedural matter, the Municipal Court may adopt a local rule or proceed in any lawful manner not inconsistent with procedural rules promulgated by the Colorado Supreme Court or any applicable law.

The Municipal Court Judge shall judicially notice the ordinances and resolutions of the City.

[Source: Ord. 1034, 1991]

Section 8-2-7. Contempt Power. The court shall have the contempt power:

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 $300 or imprisonment in the City jail or county jail not to exceed ninety (90) days or by both such fine and imprisonment.

In cases of indirect contempt, the alleged contemnor shall have all rights, privileges, safeguards, and protections of a defendant in a petty offense case, including but not limited to a formal written complaint and arraignment.

Failure to appear at and to remain present during trial, shall be deemed a direct contempt.

[Source: Ord. 949, 1989]

Section 8-2-8. Conflicts.

Except as provided in Section 8-2-6 of this article, if there is any conflict between any provision or language in this article and any provision or language in the Colorado Municipal Court Rules of Procedure, or if there is any conflict between any provision or language in this article and any State Statute, then such rule or statute shall control.

If there is any conflict between any provision or language in the Colorado Municipal Court Rules of Procedure governing criminal matters and any provision or language in any State Statute governing criminal matters, then such statute shall control.

[Source: Ord. 1034, 1991]

Section 8-2-9. Alternative Sentencing Program.

Definitions. The following words and phrases shall be given the meaning indicated in this section when used in conjunction with the Alternative Sentencing Program of the Municipal Court of the City of Northglenn:

"Alternative Sentencing Administrator" shall mean that person or entity designated by the City Manager, and subject to the approval of City Council, whose duties and responsibilities shall include assigning a specific task or piece of work to a convicted person; making a determination concerning whether the alternative sentencing assignment has been completed satisfactorily in the case of each convicted person; overseeing the Alternative Sentencing Program in general; keeping all necessary records for the Alternative Sentencing Program; and, providing to the presiding judge such information as is requested by the judge in regard to the Alternative Sentencing Program.

"Alternative Sentencing Program" shall mean that program pursuant to which convicted persons may be sentenced to perform a variety of community service tasks in order to satisfy a sentence of the Northglenn Municipal Court.

"Convicted Person" shall mean any person who has been found guilty of the commission of an offense in the Northglenn Municipal Court, whether on a plea of guilty, not guilty or nolo contendere and whether or not a trial to a judge or jury was held.

Procedure. Upon determination by the sentencing judge that a convicted person may serve in the Alternative Sentencing Program, that person shall be referred to the Alternative Sentencing Administrator. The sentencing judge shall inform the Administrator of the number of hours of service required of each person so sentenced. The sentencing judge shall also indicate whether, in addition to a sentence imposed pursuant to the Alternative Sentencing Program, a fine and/or jail sentence is imposed and if so, the sentencing judge shall indicate the amount of the fine, if any, and/or the number of days required to be served by such person in jail (or detention), if any, in addition to the number of hours of service required in the Alternative Sentencing Program. Any fine and/or jail sentence may be suspended in whole or in part pending the receipt by the court of a certification by the Alternative Sentencing Administrator that the convicted person has successfully completed the Alternative Sentencing Program. Partial participation short of completion shall not satisfy a sentence imposed pursuant to the Alternative Sentencing Program.

Factors for Consideration by Sentencing Judge. In determining the eligibility of any convicted applicant for participation in the Alternative Sentencing Program, the sentencing judge shall consider the following factors, none of which shall be binding upon or shall be conclusive in determining the eligibility of any convicted person for participation:

The occupation or other skills of the convicted person.

The current needs of the City of Northglenn, including the needs of the various departments of the City and any seasonal needs which the City may experience.

The benefit to be gained, by both the City and the convicted person as a result of participation in the Alternative Sentencing Program.

The likelihood of injury to any person or damage to any property as a result of participation in the program.

Statements made by the convicted person and the attitude of the convicted person as observed by the sentencing judge in regard to the sincerity of the convicted person for participation in the program.

Maximum Sentence. The maximum sentence that may be imposed pursuant to the Alternative Sentencing Program for any one charge against a convicted person shall be sixteen (16) hours of service.

Status of Participants. All participants in the Alternative Sentencing Program are hereby declared to be independent workers and are neither the agents nor employees of the City of Northglenn.

Cost of Participation. All participants in the Alternative Sentencing Program shall pay the cost of participation in the program.

[Source: Ord. 1049, 1992]