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Help & SupportChapter 2-6: Courts and Confinements27
The purpose of this chapter is to protect the public health, safety, and welfare by establishing the City of Boulder Municipal Court, prescribing its responsibilities and authority, and adopting procedures for its administration and appearances before it. It is also the purpose of this chapter to prescribe a system of confinement for persons sentenced upon conviction of violation of the charter, this code, or any other ordinance of the city.
2-6-2 Definitions and Interpretation.
(a) The following terms have the following meanings unless the context clearly indicates otherwise:
"Associate judge" means a judge who transacts the business of the court at such times and upon such causes as determined by the presiding judge, and who is employed under a calendar-year contract with renewal at the discretion of the city council upon recommendation of the presiding judge.
"Book" or "booking" means the administrative procedure of photographing a defendant and obtaining fingerprints following arrest.
"Cash bond" has the meaning given in paragraph 2-6-24(f)(2), B.R.C. 1981.
"Incarcerate" means the restraint of a person authorized by this chapter in lieu of immediate release on summons and complaint, and "for custodial arrest" includes transportation to a detention facility, booking, and lodging in a detention facility. The term also means lodging in a detention facility under a sentence imposed by the municipal court.
"Judge" means any judge of the municipal court.
"Municipal court" means the police magistrate's court or police court prescribed by charter sections 86 and 87 and the courts described by Colorado Constitution Article XX, sections 6(b) and (c).
"Peace officer" has the meaning prescribed by section 5-1-1, "Definitions," B.R.C. 1981.
"Police officer" has the meaning prescribed by section 5-1-1, "Definitions," B.R.C. 1981.
"Temporary judge" means a judge who serves temporarily when the presiding judge and the associate judges are unable to transact the business of the court due to illness, absence, disqualification, or other similar reason.
"Violation" has the meaning prescribed by section 5-2-5, "Violations," B.R.C. 1981, and includes civil infractions.
(b) Whenever the term "summons" is used in this chapter, unless the context clearly indicates otherwise, it includes a summons, a summons and complaint, and a penalty assessment.
(c) Whenever the term "plea of guilty" is used in this chapter it includes pleas of guilty, acknowledgments of guilt, and nolo contendere pleas.
(Ordinance No. 7408 (2005))
2-6-3 Creation, Jurisdiction, and Powers of Municipal Court.
(a) Pursuant to charter section 86 there exists a municipal court in and for the City of Boulder, Colorado.
(b) The municipal court has original jurisdiction of all criminal cases arising under the charter, this code, and other ordinances of the city, with power to punish violations thereof by imposing fines and penalties as authorized by this code or any ordinance.
(c) The municipal court has original jurisdiction of all civil cases arising under the charter, this code, and other ordinances of the city, with power to assess and collect civil penalties, order and enforce by contempt abatement of nuisances, and perform other responsibilities prescribed by the charter, this code, and other ordinances of the city.
(d) The municipal court has the jurisdiction and powers of an administrative hearing officer, where so provided by this code or other ordinance of the city.
(e) Each judge is authorized to issue search warrants for the inspection of premises or property by municipal or city-county officials or inspectors in accordance with the Colorado Municipal Court Rules. Each judge may also issue such inspection warrants for the inspection and examination of any structure or property if it satisfactorily appears that the applicant for the warrant is required to make the inspection by any provision of this code or other ordinance of the city or any regulation or routine policy of inspection and enforcement and that for the purpose of making a complete inspection the applicant is required to go upon privately owned premises or enter a privately owned structure. But nothing in this subsection shall be deemed to require the issuance of a warrant for emergency inspections or in any other case where warrants are not required by law.28
(f) The municipal court is a qualified municipal court of record and shall comply with requirements of state law and regulations for courts of record.29 The municipal court shall furnish the record to any party wishing to appeal from a judgment of the municipal court for transcription at such party's expense.
(g) In all cases where a judge acts as an administrative hearing officer under this code or other ordinance of the city, the judge shall conduct hearings under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981.
(h) Except as otherwise provided in this code, the municipal court shall be conducted under the procedures prescribed by the Colorado Municipal Court Rules and title 13 of the Colorado Revised Statutes.
(i) Code and ordinance violations for which imprisonment is not a possible penalty and that are not criminal under counterpart state law are civil,30 but the judge shall follow the Colorado Municipal Court Rules in all such cases unless the rules are clearly inapplicable.
(Ordinance Nos. 5198 (1989); 5617 (1994); 5661 (1995))
(a) The city council shall appoint a judge to preside over the municipal court, who may appoint such other associate and temporary judges as needed to transact the business of the court, subject to the provisions of this chapter.
(b) The presiding judge shall:
(1) Supervise and direct the operation and schedule of sessions of the municipal court;
(2) Adopt written rules for the conduct of the court in the manner prescribed by the Colorado Municipal Court Rules;
(3) Recruit, appoint, supervise, evaluate and remove temporary judges and law clerks for terms of up to one year as the presiding judge may deem to be needed to conduct the court's business, after notification to the city council of each such appointment, evaluation, and removal;
(4) Recruit, appoint, supervise and remove referees to conduct the court's business as provided by this code or other ordinance of the city, for terms of up to one year as the presiding judge may deem to be needed for such purpose;
(5) Recruit associate judges who serve for more than one year, who shall be recommended by the presiding judge to the city council for appointment pursuant to charter section 86;
(6) Supervise and evaluate associate judges who serve for more than one year, each of whom shall be employed under a calendar-year contract with renewal at the discretion of the city council, and transmit such evaluation, together with a recommendation concerning renewal of the contract and any adjustment in salary, to the city council in time for the council's annual budget process; and
(7) Assure "at will" status for all temporary and associate judges, but provide sufficient information to the city council so that it may consider any presiding judge recommendation for removal in a process to be set by the city council to review the facts of concern that prompt such action.
(c) After a preliminary meeting with the mayor or the mayor's designee (the "Loudermill meeting"), the mayor or designee may, in consultation with other council members, remove the presiding judge for "cause" pursuant to charter section 86. Thereafter, the presiding judge may, upon relinquishment of all contractual severance payment rights, demand a hearing under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, before a hearing officer appointed by the city council, at which hearing the city shall have the burden of proof to show cause for removal pursuant to charter section 86.
(d) The presiding and associate judges shall be attorneys at law admitted to practice in the State of Colorado and shall be residents of Boulder County, but need not be residents of the city. The temporary judges shall be attorneys at law admitted to practice in the State of Colorado.
(e) Before assuming the office, each judge shall take and subscribe before a judge of the Twentieth Judicial District and file with the council an oath or affirmation to support the Constitution and laws of the United States and of the State of Colorado and the charter, this code, and other ordinances of the city and faithfully to perform the duties of the office.
(f) Each year the city council shall establish the salaries and bonuses payable to the presiding and associate municipal court judges. But the compensation of referees, temporary judges and law clerks serving for terms of up to one year shall be set by the presiding judge.
(Ordinance Nos. 7193 (2002); 7408 (2005))
(a) The court administrator shall be appointed by the city manager.
(b) The court administrator is ex officio court clerk, jury commissioner, and supervisor of the violations bureau. Assistants appointed as deputy court clerks have all the powers of the court clerk.
(c) The court administrator shall:
(1) Keep a register of the actions in the court, including all fees and money collected and disbursed;
(2) Promptly deliver to the city manager all money received as fees, fines, and penalties, which the manager shall deposit into the general fund of the city;
(3) Prepare and keep a docket for the court noting the judgments made;
(4) Prepare all writs and other papers pertaining to the business of the court; and
(5) Make and maintain all necessary court records.
(d) The court administrator may:
(1) Issue writs and notices, including, without limitation, subpoenas and summonses, in all cases coming before the municipal court; and
(2) Administer oaths and affirmations to persons appearing in any capacity in the municipal court.
(e) The court administrator is not required to post the bond required by section 13-10-109, C.R.S.
(f) The administrator is authorized to use any lawful method of collecting fines, fees, default judgments, personal recognizance bond forfeitures, and civil penalties due from any person assessed such sums by the municipal court, including reasonable costs of collection. The city shall be entitled to receive the reasonable costs of collection in addition to the amounts otherwise due, and interest at the statutory rate for unpaid civil judgments. Reasonable costs of collection shall include, without limitation, the fees and costs of the city attorney or of private counsel or a collection agency, but such fees and costs shall not exceed twenty-five percent of the amount collected.
(Ordinance Nos. 7193 (2002); 7408 (2005))
(a) The court administrator shall establish a violations bureau to assist with clerical work, to be operated during the hours that the court administrator determines.
(b) The presiding judge may designate the provisions of the charter, this code, or other ordinances of the city for violations of which payments of the fine and costs may be accepted by the violations bureau and which classes of defendants may satisfy their obligations by paying such fines and costs. The judge shall specify schedules of the amounts of such fines and costs consistent with the charter, this code, and other ordinances of the city. If the judge designates a provision as being eligible for payment at the violations bureau, the judge may also designate that provision as being eligible for payment by mail.
(c) Any person eligible to pay a fine and costs under the provisions of subsection (b) of this section to the violations bureau may pay the fine and costs before or on the arraignment date specified in the summons, or after entering a plea at the arraignment but before trial, at the violations bureau upon entering a written plea of guilty. The bureau, upon accepting the prescribed fine and costs, shall issue a receipt to the person acknowledging payment thereof.
(d) The violations bureau shall:
(1) Accept designated fines, accept payment of costs, issue receipts, and accept designated deferred sentence pleas;
(2) Receive and issue receipts for bail bonds and enter the time of their appearance on the court docket; and
(3) Send records of pleas of guilty on which judgment is entered or for which a bond is forfeited to the Colorado Division of Motor Vehicles where required by statute, and follow such other procedures as prescribed by this code, other ordinances of the city, the Colorado Municipal Court Rules, or state law.
(Ordinance Nos. 7193 (2002); 7408 (2005))
2-6-7 Parking Infraction Office and Scofflaw List.
(a) Office Established: The court administrator shall establish a parking infractions office to assist with clerical work relating to parking infractions, to be operated during the hours that the court administrator determines.
(b) Payment Of Fine: Any person wishing to pay a fine for a parking infraction may pay the fine before or after the date specified in the parking ticket at the parking infractions office. Such payment discharges the obligation to pay the fine and results in dismissal of the case.
(c) Courtesy Notice Of Overdue Parking Ticket:
(1) The administrator may give notice by first class mail to the registered owner of any vehicle for which there is an overdue parking ticket, stating that there has been no response to the ticket and:
(A) The date and the nature of the ticket overdue and the amount, including late fees, due;
(B) That a response is due within ten days after the date of mailing;
(C) That the owner shall, by said deadline, respond to the notice by paying the total amount due or by arranging with the violations bureau for contesting the charges, fees, and amounts due, in which case the owner shall post a cash bond for the total amount due or make other arrangements approved by a judge;
(D) That if the vehicle owner fails to respond within the prescribed time period, the owner will forfeit the right to a trial or hearing to contest the tickets and a default judgment will be entered;
(E) The letter may also explain the scofflaw provisions of this section.
(2) The notice allowed by this subsection is sufficient if mailed to the address provided by a government vehicle registration office. If the court administrator is unable, after exercising due diligence, to discover any mailing address, then notice is sufficient if it is published once in a newspaper of general circulation in the city, posted on the vehicle, personally served on the vehicle owner or driver, or provided by any other means that provides due process.
(3) If the date for response specified in the letter passes without payment of the fines and fees or posting of sufficient bond, a default judgment shall be deemed entered upon all tickets specified in the notice.
(d) Scofflaw List: As frequently as practicable, the court administrator shall prepare and update the scofflaw list (which may also be known as the "pick-up list"), consisting of vehicles involved in such number of overdue parking tickets as the administrator shall determine is efficient to include on the pick-up list.
(1) There is hereby imposed upon the owner of every vehicle on the scofflaw list a civil penalty of the amount specified in section 4-20-55, "Court and Vehicle Impoundment Costs, Fees, and Civil Penalties," B.R.C. 1981, to cover administrative costs. There is also hereby imposed upon the owner of every vehicle on the scofflaw list that is immobilized or impounded a civil penalty of the amount specified in section 4-20-55, "Court and Vehicle Impoundment Costs, Fees, and Civil Penalties," B.R.C. 1981, to cover the additional administrative costs.
(2) The court administrator shall give notice by first class mail to the registered owner of each vehicle on the scofflaw list, stating that the vehicle is on the scofflaw list and:
(A) The date and the nature of each ticket overdue and the amount due on each;
(B) That a scofflaw list fee in the amount specified in paragraph (d)(1) of this section has been imposed to cover administrative costs;
(C) The total amount currently due;
(D) A specific deadline for response, no less than ten days after the date of mailing;
(E) That the owner shall, by said deadline, respond to the notice. Response shall be by paying the total amount due. But for any ticket for which a courtesy notice has not previously been mailed and a default judgment entered, response may also be by arranging with the violations bureau for contesting the charges, fees, and amounts due, in which case the owner shall post a cash bond for the total amount due or make other arrangements approved by a judge;
(F) That if the vehicle owner fails to respond within the prescribed time period, the listed vehicle will be subject to immediate immobilization or impoundment. For any ticket for which a courtesy notice has not previously been mailed and a default judgment entered, the notice shall also state that if the date for response specified in the scofflaw notice passes without payment of the fines and fees or posting of sufficient bond, a default judgment shall be deemed entered upon all tickets specified in the notice, and the owner will forfeit the right to a trial or hearing to contest the tickets. If a default judgment has previously been entered, the notice shall so state;
(G) That an immobilization or impoundment fee in the amount specified in paragraph (d)(1) of this section will be imposed upon every vehicle immobilized or impounded to cover administrative costs; and
(H) That if the vehicle is impounded, the owner will also be required to pay the costs of towing and storage.
(3) The notice required by paragraph (d)(2) of this section is sufficient if mailed to the address provided by a government vehicle registration office. If the court administrator is unable, after exercising due diligence, to discover any mailing address, then notice is sufficient if it is published once in a newspaper of general circulation in the city, posted on the vehicle, personally served on the vehicle owner or driver, or provided by any other means that provides due process.
(4) If the date for response specified in subparagraph (d)(2)(D) of this section passes without payment of the fines and fees or, if permitted, posting of sufficient bond, such vehicle may be immobilized or impounded and a default judgment, if not previously entered, shall be deemed entered upon all tickets specified in the notice.
(5) Upon contacting the driver of any vehicle on the scofflaw list for which no response has been made within the deadline stated in the notice while that vehicle is located upon any public property or private property open to the use of the public, a peace officer shall inform the driver thereof that violations are alleged against the vehicle to which no response has been made and request the driver forthwith to appear with the officer at the parking infractions office (or to the police department after the office's normal business hours) to respond to the charges in the manner indicated by this section. If such driver fails or refuses to comply with this request forthwith, or if such driver cannot demonstrate that the driver has on the driver's person sufficient cash or other means of payment of a type approved by the municipal court, or if the vehicle located is unattended at the time the officer initially determines that it is subject to impoundment or immobilization, the peace officer shall cause such vehicle to be immobilized or impounded.
(6) If the owner or an agent of the owner pays the fines and fees, including the amount specified in section 4-20-55, "Court And Vehicle Impoundment Costs, Fees, And Civil Penalties," B.R.C. 1981, if any, and all towing and storage charges, if any, or posts a bond to cover such fines, fees, and charges, or arranges any combination of payment and bond to cover the total due, the court administrator shall remove such vehicle from the scofflaw list and release it from immobilization or impoundment. If any parking ticket not included on the scofflaw list for which the owner is liable becomes overdue before the owner or agent appears to pay or post bond, such subsequent tickets shall also be paid or bond shall be posted therefor before the vehicle is removed from the scofflaw list or released from immobilization or impoundment.
(e) The owner of a vehicle that is subject to the procedures of this section and section 2-6-8, "Booting," B.R.C. 1981, is entitled to:
(1) A trial conducted under the usual procedures for allegations of violation of the provisions of chapter 7-6, "Parking Infractions," B.R.C. 1981, to dispute any of the underlying parking tickets not in default. Whether or not the vehicle was parked in violation of the provision alleged shall be the only issue at such a trial;
(2) A hearing, if a motion is filed with the court to set aside the default on any ticket on the ground that the notice required by this section before a default may be entered was not properly given;
(3) An administrative hearing to dispute the applicability of the scofflaw fee on the ground that a parking ticket was not served. Such hearing shall be conducted in the same manner as, and where applicable shall be combined with, the hearing under subsection 7-7-7(f), B.R.C. 1981, concerning the immobilization or impoundment fee. The fact that a person is found not guilty of one or all of the underlying parking tickets is not relevant to the issue of the applicability of the scofflaw fee; and
(4) A post-impoundment hearing to challenge the immobilization or impoundment fee as prescribed by subsection 7-7-7(f), B.R.C. 1981.
(Ordinance Nos. 4969 (1986); 5039 (1987); 5617 (1994); 5686 (1994); 5760 (1995); 7193 (2002); 7408 (2005))
(a) At the discretion of a peace officer, any vehicle on the scofflaw list subject to impoundment under section 2-6-7, "Parking Infraction Office and Scofflaw List," B.R.C. 1981, may first be immobilized by installing on such vehicle a device known as a "boot," which clamps and locks on to a wheel of the vehicle and impedes movement of such vehicle.
(b) The person installing the boot shall leave under the windshield wiper or otherwise attach to such vehicle a notice advising the owner that such vehicle has been booted by the City of Boulder for failure to pay or contest one or more parking tickets, that release of the boot may be obtained by paying the fines and fees due or by posting a bond to cover such amounts, that unless such payments are made, the vehicle will be impounded, and that it is unlawful for any person to remove or attempt to remove the boot, to damage the boot, or to move the vehicle with the boot attached.
(c) No parking restriction otherwise applicable to the vehicle applies while the vehicle is immobilized by a boot installed under the provisions of this section.
(d) Upon notification that the vehicle has been removed from the scofflaw list, the court administrator shall promptly remove the boot from such vehicle.
No officer of the municipal court or any city employee or agent receiving or having custody of any court bond, court cost, fine, penalty, or forfeiture, shall fail forthwith to remit it in accordance with the direction of the city manager. Violation of this section constitutes misconduct in office and is a ground for removal therefrom.
(a) Any person who fails to appear in response to any summons or subpoena served on such person commits contempt of court and upon proof thereof, in a hearing appropriate to the case, is subject to a fine of not more than $1,000.00, a sentence of not more than ninety days in jail, or both such fine and imprisonment.
(b) The judge may punish other contempts of court by a fine of not more than $1,000.00, imprisonment of not more than ninety days in jail, or both such fine and imprisonment upon proof thereof, after a hearing appropriate to the case.
(Ordinance No. 7252 (2002))
2-6-11 Municipal Court Cases to be Public.
All cases in the municipal court are open to the public.
2-6-12 City Attorney is Prosecutor.
The city attorney or delegate thereof shall act as the prosecutor and represent the city in all municipal court proceedings as appropriate, with all the privileges, immunities, powers, and duties of such office.
2-6-13 Initiation of Proceedings in Municipal Court.
(a) A proceeding in the municipal court is initiated by the filing of a complaint or the service of a summons and complaint; by any means provided in this code, the statutes of this state, or the Colorado Municipal Court Rules; or in any other manner that provides due process of law.
(b) A parking ticket is a form of summons and complaint.
(c) In a municipal court action it is sufficient in a complaint or summons and complaint to charge a violation of the charter, this code, or any ordinance of the city alleged to have been violated by referring to the section describing such violation, without referring to any subsection under the section violated.
(d) A peace officer may serve any process issued by the municipal court anywhere within Boulder County.
(a) The presiding judge may designate offenses under this code that are subject to the penalty assessment procedure and the amount of the assessment for each violation. But no violation for which provision for a plea of guilty at the violations bureau is not made may be designated as subject to the penalty assessment procedure. The judge shall notify the city manager, the city attorney, and the chief of police in writing of such designation and amount and any changes thereto.
(b) When a peace officer is authorized to serve a summons and complaint on any person, the officer may issue a penalty assessment notice if:
(1) The offense has been designated by the presiding judge;
(2) Only one offense has arisen out of the same episode of violation;
(3) No significant hazard to life or property was involved;
(4) The offense does not appear to be an intentional or reckless violation;
(5) A police officer would not be entitled to incarcerate the defendant under section 2-6-18, "Authority to Arrest and Incarcerate," B.R.C. 1981; and
(6) The circumstances reasonably persuade the officer that the person is likely to comply with the terms of the penalty assessment notice. Such circumstances may include the officer accompanying the person to a post office or mailbox and witnessing the deposit in the mail of the notice with payment of the fine attached.
(c) Service of a penalty assessment notice upon the recipient is complete upon signature by the person of the penalty assessment acknowledgement of guilt or promise to appear. At that point, the person is obligated either to pay the specified fine or penalty by mail at the place and within the time specified on the notice or to appear at the place and time specified on the notice to be arraigned by the court.
(d) Payment of a penalty assessment by mail or at the violations bureau after signature of the penalty assessment "acknowledgement of guilt or promise to appear" constitutes:
(1) A plea of guilty;
(2) A conviction for the purposes of any penalty enhancement provisions on future offenses; and
(3) If driving a motor vehicle is involved, a conviction within the meaning of subsections 42-2-119, 42-2-123, and 42-4-1510, C.R.S., as amended.
(e) If a person served with a penalty assessment notice chooses not to plead guilty, such person shall appear as required in the notice. If the person withdraws a plea of not guilty and enters a guilty plea to the judge or, upon trial, if the person is found guilty, the fine imposed is that specified in the notice for the offense of which the person was found guilty. Court costs shall also be imposed, as prescribed by subsection 2-6-35(b), B.R.C. 1981.
(f) If a person who has paid a penalty assessment by mail appears at the time and place specified in the notice and petitions the judge to withdraw the plea of guilty, the petition shall be granted, and the person shall be arraigned. In such instance the amount paid shall be considered the bond. If such person appears and petitions the judge after the time for appearance has passed, the petition shall be entertained only upon a showing of excusable neglect, and granted only upon a prima facie showing of a meritorious defense, and then only if the appearance is made within thirty days after the time for appearance specified in the notice of penalty assessment.
2-6-15 Form of Summons, Summons and Complaint, Complaint, Penalty Assessment Notice, and Parking Ticket.
(a) After consulting the city manager and city attorney, the presiding judge shall approve a standard summons and complaint form for routine use by peace officers that meets all the legal requisites of a summons and complaint and contains a place for the defendant to sign a promise to appear. The municipal court shall print and distribute the form in appropriate amounts to peace officers and may combine it with a penalty assessment notice.
(b) After consulting the city manager and city attorney, the presiding judge shall approve a standard penalty assessment notice that meets all the requirements of a summons and complaint except that it contains a place for the defendant to sign an acknowledgement of guilt or promise to appear, specifies the requirement that the defendant plead guilty by paying the fine or appear to answer the charge at the specified time and place; and contains a place to record the license number of the defendant's vehicle, if involved, the defendant's driver's license number, if any, the points to be assessed, if any, in accordance with section 42-2-123, C.R.S., as amended, and the fine. The municipal court shall print and distribute the form in appropriate amounts to peace officers. Failure of a peace officer to record any or all of the additional information correctly or at all is not grounds for dismissal, but failure to indicate points or the indication of too few points for the offense may not be corrected by amendment or otherwise after a record of conviction by acknowledgement of guilt and payment of fine under the penalty assessment procedure has been sent to the Colorado Division of Motor Vehicles.
(c) After consulting with the city manager and city attorney, the presiding judge may approve a combined summons and complaint and penalty assessment notice form.
(d) After consulting the city manager and city attorney, the presiding judge shall approve as to form a parking summons and complaint form designed to be served in accordance with paragraph 7-6-5(a)(1), B.R.C. 1981. The city manager shall print and distribute this form.
(e) Nothing in this chapter shall be construed to invalidate the use of any other form or type of summons, summons and complaint, or complaint that provides due process of law.
2-6-16 Authority to Detain Temporarily.
(a) A police officer may stop any person who the officer reasonably suspects is committing, has committed, or is about to commit a violation of the charter, this code or any ordinance of the city and may require that person to give his or her name, and address, identification if available, and an explanation of his or her actions.
(b) When a police officer has stopped a person for questioning pursuant to this subsection and reasonably suspects that the officer's personal safety requires it, the officer may conduct a pat-down search of that person for weapons.
(c) A police officer may stop and temporarily detain a person for the purpose of issuing or serving a summons or summons and complaint.
(d) A stop and temporary detention under the authority of this section constitutes an arrest for the purposes of section 5-5-2, "Resisting Arrest," B.R.C. 1981, but not otherwise.
(Ordinance No. 5377 (1991))
A peace officer may issue a summons and complaint or sign a complaint against any person for any violation of the charter, this code, or any ordinance of the city if:
(a) The violation has been or is being committed by a person in the officer's presence; or
(b) The officer has probable cause to believe that a violation has been or is being committed by the person and that the person has been or is committing it.
2-6-18 Authority to Arrest and Incarcerate.
(a) A police officer may arrest a person for a violation of the charter, this code, or any ordinance of the city if:
(1) The violation has been or is being committed by a person in the officer's presence; or
(2) The officer has probable cause to believe that a violation has been or is being committed by the person and that the person has been or is committing it.
(b) Whenever any police officer is authorized by this code to arrest any person, the officer has the authority to incarcerate that person if the officer has probable cause to believe that one or more of the following conditions exist:
(1) The person is not likely to desist from the conduct alleged to constitute a violation after issuance of a summons;
(2) The person is unlikely to appear in municipal court in response to a summons (but the fact that the defendant does not reside in the city is not alone such probable cause);
(3) The person refuses or is unable to post the bond required by this chapter;
(4) The person refuses service of a summons;
(5) The person refuses to sign the promise of appearance, if any, on the summons;
(6) The person refuses to identify himself or herself by giving complete name and address verifiable by reasonable supporting data; or
(7) The person falsely identifies himself or herself.
(c) A police officer shall incarcerate any person when the officer has a warrant or writ commanding that such person be arrested or has received information, which the officer reasonably believes to be reliable, that such warrant or writ exists.
(a) Any person incarcerated solely because of inability to verify identity by reasonable supporting data shall be released by the booking officer after the booking procedure if the person signs a promise to appear.
(b) The booking officer shall release any person not arrested on a warrant or writ upon posting of the bond according to the schedule specified by the municipal court or upon order of a judge or upon order of any referee appointed for that purpose by a judge or upon a personal recognizance bond in the amount specified in the bond schedule on the order of any police officer of the rank of sergeant or above.
(c) Persons arrested on a warrant or writ shall be disposed of according to the command of the warrant or writ.
(d) Persons not released as provided in this section shall be held in custody as provided in subsection 2-6-24(e), B.R.C. 1981.
(a) Except when arresting on a warrant or writ, at any stage of the process from stopping to charging to incarceration up to the booking stage a police officer, at the officer's discretion, may:
(1) Issue the person a summons without arrest or incarceration;
(2) Detain the person and subsequently release with or without the issuance of a summons;
(3) Arrest the person and subsequently release with or without booking or incarceration or issuance of a summons.
(b) At and after booking, officers are governed by the provisions of section 2-6-19, "Booking," B.R.C. 1981.
Nothing in this code shall be construed to lessen the authority of a police officer to take a person into "protective custody" in compliance with state law, or to assist any person to obtain medical care who, in the opinion of the police officer, is in need of medical care by reason of injury or physical or mental condition.
An arrest may be made on any day and at any time of the day or night. All necessary and reasonable force may be used in making an arrest. All necessary and reasonable force may be used to effect an entry upon any building or property or part thereof to make an authorized arrest.
2-6-23 Court Issued Warrants and Summons.
(a) If a person fails to appear in court as required by a summons, fails to appear at any post-arraignment proceeding, or fails to comply with an order of the municipal court or a condition of release on bond, the judge may issue a warrant for the person's arrest.
(b) If any person fails to appear in municipal court as required by a subpoena or fails to comply with any subsequent order of the judge premised upon such subpoena, the judge may issue a warrant for the person's arrest.
(c) Upon the filing of a properly executed complaint by any person and with the agreement of the city attorney, the judge may issue a warrant for the arrest of an individual if the complaint is accompanied by an affidavit that sets forth facts sufficient to show probable cause to believe the alleged violation has been committed, that the individual accused has committed it, and that the offense and conditions are such that the defendant could be incarcerated as provided in section 2-6-18, "Authority To Arrest And Incarcerate," B.R.C. 1981. If the individual may not be incarcerated, the court shall issue a summons.
(d) Each municipal court warrant shall state the name of the person to be arrested, the charter, code, or ordinance section alleged to have been violated, the date and place of the alleged violation, that the person is alleged to have committed the offense, and the bond set for release on bail after arrest.
(a) Each person served with a summons who has signed a promise to appear is deemed to have given a personal recognizance in the amount of bond set for the violation on the bond schedule of the presiding judge.
(b) Each person served with a summons for violation of title 7, "Regulation of Vehicles, Pedestrians, and Parking," B.R.C. 1981, whose driver's license or other identification does not show residence in the states (other than the State of Colorado) that have signed the "Nonresident Violator Compact" shall post a cash bond to secure appearance at arraignment.
(1) Such bonds may be posted at the municipal court, at the headquarters of the city police department if the municipal court is not open, or by the defendant mailing a cash deposit to the municipal court in an envelope furnished by the citing officer with the citing officer as witness to the deposit of the funds in a mailbox.
(2) A police officer of the rank of sergeant or above may waive the posting of a cash bond in cases of undue hardship and substitute therefor a written personal recognizance bond in a sum certain, according to the bond schedule set by the presiding judge.
(c) In order to secure appearance at trial, sentencing, and all other court proceedings, all cash, surety, and personal recognizance bonds posted prior to arraignment shall be continued for all cases not disposed of at arraignment, unless changed or modified by the judge at arraignment or in some other proceeding, in which case such bond shall be continued. Persons setting cases for trial who have not previously posted a cash bond shall post a cash bond in an amount established by the judge if the person has any history of failure to appear. In such cases the judge may accept personal recognizance bonds in a sum certain from indigent persons in lieu of cash bonds. In all other cases the judge may require a cash bond, or may continue, increase, or decrease any personal recognizance bond in the judge's discretion.
(d) The presiding judge shall establish a bond schedule of amounts that must be deposited to qualify for bail. The schedule shall be available at all times at the Boulder County jail and the city police department. If a person is arrested upon a warrant issued by the judge with bond set forth on the warrant, or if the person can meet the requirements of an applicable order of the judge, the person shall be released on bail. A booking officer shall promptly inform the defendant of the applicable bond requirements.
(e) If the person does not post a required bond, the person shall be brought before the judge or a referee appointed thereby to establish conditions of release (including, without limitation, a bond) pending arraignment before the judge. The conditions shall be in writing and set forth the date, time, and place of the person's appearance before the judge. The release conditions established by a referee may be modified by the judge, but except for the requirements of subsection (c) of this section, unless so modified, remain in effect until termination of the court proceeding against the person.
(f) The judge or referee of the municipal court may accept one or a combination of the following bonds:
(1) A personal recognizance consisting of the person's promise to appear in court for all proceedings and agreement to forfeit a sum certain for failure to appear;
(2) A cash or surety bond secured by the undertakings of a corporate or private surety acceptable to the judge or referee or by the deposit of an equal amount of cash or any other property in lieu thereof.
(g) In addition to the bonds set forth in subsection (f) of this section, the judge or referee may impose conditions of release, including, without limitation:
(1) Releasing the person into the care of the qualified person or organization responsible for supervising the defendant and assisting the defendant to appear in court;
(2) Imposing reasonable restrictions on the person's activities, movements, associations, and residences;
(3) Releasing the person during working hours but requiring the person to return to custody at specified times; or
(4) Imposing any other reasonable restrictions and conditions designed to assure the person's appearance before the municipal court.
(h) Any bond that may be posted or fine that may be paid in cash may also be paid by check, if the police or municipal court officer receiving such bond is satisfied that the check will be honored. The court administrator may enter into an agreement with one or more credit card companies for payments of bonds, costs, or fines by credit card and establish the conditions under which police or municipal court officials may accept payment by credit card.
(Ordinance Nos. 4969 (1986); 5802 (1996); 7193 (2002); 7252 (2002))
2-6-25 Forfeiture of Bond and Default Judgment.
(a) If a defendant in any case before the municipal court fails to appear according to the terms, requirements, and conditions of the appearance bond or appears and departs the court without leave, the bond shall be forfeited. If the bond was a personal recognizance bond, the judge may issue a writ of execution in the amount of the bond or may issue an arrest warrant with bond, if any, set in an amount determined by the judge, unless a default judgment is entered under the provisions of subsection (b) of this section.
(b) If the defendant in any case before the municipal court involving a violation for which jail is not a possible penalty and the fine cannot exceed $500.00 fails to appear for arraignment, any hearing, or trial, the judge may enter a default judgment against the defendant. In the case of a defendant which is not a natural person, the $500.00 limit does not apply. The amount of the default judgment shall be the appropriate penalty assessed after a finding of guilt or liability, the amount of any forfeited personal recognizance bond, the docket fee, and any additional costs assessable. The judge may set aside a judgment entered under this subsection on a showing of good cause or excusable neglect by the defendant, but only on motion to set aside made to the court not more than thirty days after entry of the default judgment. If a default judgment is entered, no warrant shall issue for the arrest of the defendant. A default judgment not timely set aside may only be satisfied by payment of the judgment. Any cash bond forfeit or payment on a forfeited bond by a surety shall not be applied against the judgment.
(c) If a surety bond is forfeited in a municipal court action, the surety shall pay the bond amount into the court within fourteen days of the forfeiture.
(d) The surety upon a bond forfeited in a municipal court action may apply to the judge for a return of the whole or part of the bond paid to the court by application in writing supported by an affidavit setting forth the grounds for the demand. Upon a showing of good cause for the return of the whole or a part of the bond amount, the judge shall order the court administrator to pay the amount determined by the judge to be due to the surety. The court shall make a verbatim record of all such proceedings.
(Ordinance Nos. 5802 (1996); 7408 (2005))
(a) In any case in which the defendant has entered a plea of guilty, the judge accepting the plea has the power, with the written consent of the defendant and the defendant's attorney of record, if any, and the city attorney, to continue the case for a period not to exceed two years from the date of entry of such plea for the purpose of deferring judgment and sentence upon such plea. With the consent of the city attorney, the violations bureau may accept any plea of guilty entered before it under the provisions of this section and continue the case. But in such case, no jail term may be imposed upon proof of breach.
(b) Prior to entrance of a plea to be followed by a deferred judgment and sentence, the city attorney is authorized to enter into a written stipulation, to be signed by the defendant, and the defendant's attorney of record, if any, under which the defendant is obligated to adhere to such stipulation. The stipulation may contain any conditions listed in subsection 2-6-37(f), B.R.C. 1981; payment of the amount specified in section 4-20-55, "Court and Vehicle Impoundment Costs, Fees, and Civil Penalties," B.R.C. 1981, in administrative costs is one condition of every such stipulation. Upon full compliance with such conditions by the defendant, the plea or acknowledgment previously entered shall be withdrawn and the action against the defendant dismissed with prejudice. Such stipulation shall specifically provide that, upon a breach by the defendant of any condition, the judge shall enter judgment and impose sentence upon the previously entered plea of guilty. Whether a breach of condition has occurred shall be determined by the court upon application of the city attorney and upon notice of hearing thereon of not less than five days to the defendant or the defendant's attorney of record, if any, at the address given by the defendant on the stipulation. The burden of proof at such hearing is on the city attorney by a preponderance of the evidence, and the judge shall apply the rules of evidence for civil non-jury cases, but may receive and consider evidence not admissible under such rules if it possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs.
(c) In signing a stipulation by which it is provided that judgment and sentence shall be deferred for a time certain, a defendant thereby waives all rights to a speedy trial and a prompt sentence.
(Ordinance Nos. 5123 (1988); 5760 (1995))
(a) In any case the judge may, prior to trial or entry of a plea of guilty and with the consent of the defendant, the defendant's attorney of record, if any, and the city attorney, order the prosecution of the offense to be deferred for a period not to exceed two years. Such deferral may be conditioned by written stipulation in the manner provided in subsection 2-6-26(b), B.R.C. 1981.
(b) Upon the defendant's full compliance with such conditions, the charge against the defendant shall be dismissed with prejudice. If any condition is violated, the defendant shall be tried for the offense for which the defendant is charged. Whether a breach of condition has occurred shall be determined by the court upon application of the city attorney and upon notice of hearing thereon of not less than five days to the defendant or the defendant's attorney of record, if any, at the address given by the defendant on the stipulation. The burden of proof at such hearing is on the city by a preponderance of the evidence, and the judge shall apply the rules of evidence for civil non-jury cases, but may receive and consider evidence not admissible under such rules if it possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs.
(c) Upon consenting to a deferred prosecution as provided in this section, the defendant shall execute a written waiver of defendant's right to a speedy trial. Consent to a deferred prosecution under this section shall not be construed as an admission of guilt, nor shall such consent be admitted in evidence in a trial for the offense for which the defendant is charged.
(Ordinance No. 4969 (1986))
(a) In proceedings where the defendant has a right under applicable state or federal constitution or law to trial by jury, the defendant may request a jury trial, but in all other proceedings all questions of fact and law shall be decided by the judge or referee.
(b) The city attorney may demand a trial by jury of any defendant in any case in which the defendant has a right to trial by jury, in which event no jury fees are required to be paid by any party.
(a) Qualifications and exemptions of jurors in municipal court are those provided by state law 13-71-107 through 114, C.R.S.
(b) In the last quarter of each year, and at such other times as the presiding judge directs, the jury commissioner shall prepare a list of persons in the city who are qualified to serve as jurors and not exempt from jury service. A copy of the juror list that does not contain addresses of the jurors shall be kept in the jury commissioner's office for public inspection.
(c) The jury commissioner shall draw jurors under the procedures prescribed by the Colorado Uniform Jury Selection and Service Act.
(d) Absent a court order to the contrary, if counsel or pro se parties request a list of prospective jurors containing the jurors' names and addresses, the jury commissioner shall:
(1) Refer the request to the state court administrator for action consistent with state law if the city has a contract with that agency; or
(2) If the city does not have such a contract, refer the request to the presiding judge of the municipal court, who shall consider the requirements of the state statutes on the subject, the needs of the parties, and the protection of prospective jurors.
(Ordinance No. 7252 (2002))
Jurors called before the municipal court under this chapter shall receive a fee of the amount specified in section 4-20-55, "Court and Vehicle Impoundment Costs, Fees, and Civil Penalties," B.R.C. 1981.
(Ordinance No. 5760 (1995))
(a) No person shall refuse or neglect to obey a lawful mandate, order, or direction of the jury commissioner or shall hinder, delay, or obstruct the service of any process issued by the commissioner, or shall refuse or neglect to appear, or shall refuse to answer any question touching upon the person's qualifications or the qualifications of any other person to serve as a juror.
(b) No person shall perform any act for the purpose of placing upon the jury list or omitting from the jury list such person's own name or the name of any other person.
(c) No jury commissioner or designate thereof or municipal court clerk shall place on or take from the jury list any name other than according to this chapter.
2-6-32 Fee for Service of Subpoena.
Repealed.
(Ordinance No. 7008 (1999))
Every witness subpoenaed and every witness who appears voluntarily at the written request of the city who makes claim therefor at the time of appearance may receive a witness fee of the amount specified in section 4-20-55, "Court and Vehicle Impoundment Costs, Fees, and Civil Penalties," B.R.C. 1981. But no city officer or employee may receive such witness fee.
(Ordinance No. 5760 (1995))
When in the judgment of the city attorney the testimony of any witness or the production of any books, papers, or other evidence by any witness in any case or proceeding before the municipal court involving any violation of the penal laws of the city is necessary in the public interest, the city attorney may request that the judge instruct the witness to testify or produce evidence subject to the provisions of this section concerning witness immunity. Upon order of the judge, the witness shall not be excused from testifying or from producing books, papers, or other evidence on the grounds that the testimony required of the witness may tend to incriminate the witness or subject the witness to a penalty or forfeiture; but no such witness may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the witness is compelled, after having claimed his or her privilege against self-incrimination, to testify or produce evidence, nor may testimony so compelled be used as evidence in any criminal proceeding against the witness in any court, except a prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this section.
(a) In any prosecution for violation of the charter, this code or any municipal ordinance based upon the complaint of any person other than a police officer or other employee of the city, if the complaining witness who signed a complaint fails or refuses to testify at the time of trial or if it appears to the judge, in a hearing under the procedures of chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, that there was no reasonable ground for such complaint or that it was maliciously or imprudently entered, the judge in the judge's discretion may assess costs and penalties against such complaining witness in an amount not exceeding the amount specified in section 4-20-55, "Court and Vehicle Impoundment Costs, Fees, and Civil Penalties," B.R.C. 1981.
(b) The judge shall assess court costs in the amount specified in section 4-20-55, "Court and Vehicle Impoundment Costs, Fees, and Civil Penalties," B.R.C. 1981, which shall be assessed against all defendants upon entry of a conviction at or subsequent to arraignment, but the judge may suspend the costs in the interest of justice. No costs shall be assessed when conviction is by a plea of guilty entered by mail pursuant to the penalty assessment procedure prescribed by section 2-6-14, "Penalty Assessment," B.R.C. 1981, or at the violations bureau before arraignment pursuant to the procedure prescribed by subsection 2-6-6(b), B.R.C. 1981.
(c) The judge shall assess against a convicted defendant for all witnesses subpoenaed and appearing at the trial the fees prescribed by section 2-6-33, "Witness Fees," B.R.C. 1981, but may suspend these costs in the interests of justice.
(d) The judge may assess against a convicted defendant any other costs similar to those authorized by state law for proceedings in state courts including, without limitation, jury fees, and deposition costs.
(e) Costs for persons convicted after trial to the court are the amounts specified in section 4-20-55, "Court and Vehicle Impoundment Costs, Fees, and Civil Penalties," B.R.C. 1981.
(f) The judge shall assess the statutory administrative processing cost specified in section 42-2-118(1)(c), C.R.S., for any person against whom an outstanding judgment or warrant of this court was entered pursuant to section 42-4-1709(7), C.R.S., and shall remit half of the fee to the Colorado Department of Revenue as required by law.
(g) Unpaid costs may be collected only in the manner of any other civil judgment.
(Ordinance Nos. 4879 (1985); 5081 (1987); 5525 (1992); 5760 (1995); 5802 (1996))
2-6-36 Sentencing, Consideration of Presentence Confinement.
In sentencing a defendant to imprisonment, the sentencing judge shall take into consideration that part of any presentence confinement that the defendant has undergone with respect to the violation for which the defendant is to be sentenced. The judge shall state in pronouncing sentence, and the judgment shall recite what consideration has been given, but no sentence shall be set aside or modified on review because of alleged failure to give such consideration unless the sentence imposed is longer than the maximum permitted under this code for the offense less the amount of allowable presentence confinement and the judgment fails to recite that consideration has been given.
2-6-37 Sentence, Execution and Writ of Commitment, Suspension, Probation and Default.
(a) The judge may sentence any person found guilty of a violation of the charter, this code, or any ordinance of the city to a fine, imprisonment, or both such fine and imprisonment as provided for such violation, together with allowable costs.
(b) If a defendant against whom any fine or penalty is assessed upon conviction fails to pay or satisfy it as directed by the judge, the judge may issue a writ of execution to provide for the satisfaction of such sentence.
(c) If a defendant is sentenced to imprisonment, the judge shall issue a writ of commitment directing the Boulder County Sheriff to take the defendant into custody and keep the defendant safely until the sentence is satisfied.
(d) The judge may suspend, upon condition, in whole or in part, for two years or such stated shorter time as the judge deems appropriate, any fine, penalty, or imprisonment imposed against a defendant for a violation of the charter, this code, or any ordinance of the city, except a required minimum fine, penalty, or imprisonment. If no specific fine, penalty, or imprisonment is imposed, such sentence shall be considered to be a probation.
(e) The judge may sentence a defendant to probation for two years, or such stated shorter time as the judge deems appropriate, under such terms and conditions as deemed appropriate, except that any required minimum fine, penalty, or imprisonment shall be paid or served as a condition of probation. The judge may impose a probation supervision fee in the amount specified in section 4-20-55, "Court and Vehicle Impoundment Costs, Fees, and Civil Penalties," B.R.C. 1981, and payment of any such fee imposed shall be a condition of probation.
(f) judge may impose any of the following conditions for a suspended sentence or probation:
(1) Refraining from violating any federal, state, or city law within the probation period following the conviction; unless specifically provided otherwise by the sentencing judge, this is a condition of every suspended sentence or probation;
(2) Restitution for damage or injury caused during the commission of the violation for which the defendant was convicted;
(3) Attendance at one or more sessions of a driver training school;
(4) Performance of a specified number of hours, not exceeding one hundred twenty, of community service tasks that will not injure the defendant's health or welfare. The judge may impose a community service administrative fee in the amount specified in section 4-20-55, "Court and Vehicle Impoundment Costs, Fees, and Civil Penalties," B.R.C. 1981, to cover the additional administrative costs;
(5) Participation in mental health evaluation and treatment; and
(6) Any other lawful condition reasonably related to the violation.
(g) Upon proof by a preponderance of the evidence of breach of any condition of a suspended sentence or probation after appropriate notice and a hearing thereon, the judge may forthwith execute any suspended sentence or, in case of a breach of probation, impose any sentence that could have been imposed at the time of entry of judgment. The judge shall apply the rules of evidence for civil non-jury cases, but may receive and consider evidence not admissible under such rules if it possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs.
(h) The judge may stay execution to enable a defendant to pay a fine or penalty at a later date or in installments. If a defendant fails to meet the terms of the stay of execution allowed under this subsection, the judge shall issue a writ of execution and place the defendant in jail until such sentence is paid or satisfied.
(i) Every person against whom any fine or penalty is assessed under the charter, this code, or any ordinance of the city who refuses or neglects to pay it when demanded or violates any condition placed thereon by a judge may be committed to jail.
(j) A defendant imprisoned for refusing to pay a fine or penalty satisfies such fine at a rate set by the judge, but in no event at less than $6.00 per day of twenty-four hours, which is the rate if no rate of satisfaction is set forth. But no person shall be imprisoned under the terms of this section for failure to pay a fine or penalty or satisfy the terms of the stay of execution or installment payment if such person satisfactorily demonstrates to the judge that the person has no estate whatsoever from which to pay such fine or part thereof, in which case the judge shall discharge the person from such fine or penalty.
(Ordinance Nos. 4879 (1985); 5760 (1995); 7240 (2002))
The city shall use the jail of Boulder County for confinement of any person taken into custody for violation of the charter, this code or any ordinance of the city or imprisoned by order of the judge. In an emergency or civil disorder or if the city manager determines that there is insufficient room in the county jail or other places where prisoners are confined, the manager may designate temporary places of booking, temporary detention, or confinement, but shall not maintain them beyond a reasonable time after the emergency, civil disorder, or space limitation ends.
27 Adopted by Ordinance No. 4729. Derived from Ordinance Nos. 1734, 1908, 1928, 2119, 2120, 2788, 3017, 3173, 3279, 3367, 3451, 3765, 3837, 3995, 4611, 4634.
28 See section 3-2-32, "Enforcing the Collection of Taxes Due (Applies to Entire Title)," B.R.C. 1981, for distraint warrants.
29 13-10-101 et seq., C.R.S.
30 City of Greenwood Village v. Fleming, 643 P.2d 511 (1982).
31 See Patterson v. Cronin, 650 P.2d 531 (Colo.) and paragraph 7-6-5(a)(1), B.R.C. 1981.
32 31-4-112, C.R.S.
33 24-60-2101, C.R.S.
34 Charter section 87.
35 13-71-107 through 114, C.R.S.
36 Colorado Uniform Jury Selection and Service Act, 13-71-101, C.R.S.
37 16-11-502, C.R.S.