Chapter 2.12
MUNICIPAL COURT
Sections:
ARTICLE I. IN GENERAL
2.12.020 Malicious prosecution—Authority of judge.
2.12.030 Failure to appear—Jurors and witnesses—Authority of judge.
2.12.040 Failure to appear on notice of summons.
2.12.050 Statute of limitations—Exceptions.
2.12.060 Imprisonment—County jail.
ARTICLE II. MINORS
2.12.080 Offenses of minors specified.
2.12.090 Court appearances—Duty of parent to accompany minor.
2.12.100 Hearings—Procedures—Rights of minors—Appointment of counsel.
2.12.110 Failure to appear—Penalty.
ARTICLE I. IN GENERAL
2.12.010 Procedures.
The procedure in the municipal court shall be governed by Colorado Municipal Court Rules. The municipal court may make rules for procedures which are not inconsistent with such Colorado Municipal Court Rules, including powers incident to compelling attendance of witnesses, punishment for contempt, and enforcement of orders of court. (Prior code § 12-1)
2.12.020 Malicious prosecution—Authority of judge.
In all prosecutions from violation of any ordinance of the city where the party accused is found not guilty and it appears to the municipal judge before whom such case is tried that there was no reasonable grounds for his prosecution, and that it was maliciously entered, the municipal judge is authorized to give and enter judgment against the complainant for the costs of the suit, and to issue execution thereon. (Prior code § 12-2)
2.12.030 Failure to appear—Jurors and witnesses—Authority of judge.
In all cases where a person is duly served with a subpoena to appear as a witness in a trial of any person charged with a violation of any ordinance of the city, and in all cases where a person is summoned as a juror to try any cause before the municipal judge for a violation of an ordinance of the city, and such person fails to attend at the time and place appointed in such subpoena or summons, the municipal judge shall have power to issue an attachment, directed to any law enforcement officer or sheriff, commanding him forthwith to bring before such municipal judge the body of such person so failing to attend and to show cause why he or she should not be fined for contempt. On the appearance of such person on such attachment, it is lawful for the municipal judge to fine or imprison such person as provided in Section 1.16.010 of this code or wholly discharge such person if satisfactory excuse be made. (Ord. 1996-6 § 1)
2.12.040 Failure to appear on notice of summons.
A. It is unlawful for any person to fail to appear in court at the time and place indicated on a notice or summons issued to the person for any violation of this code.
B. Any person convicted of violating this section shall be subject to punishment as provided in Section 1.16.010. (Prior code § 12-5)
2.12.050 Statute of limitations—Exceptions.
A. No citation, warrant, writ or any other legal process of the municipal court shall be issued, served or executed as the result of final judgment on an offense including action for the recovery of any unpaid fine, court costs or bond forfeiture or recognizance after four (4) years from the date of commission of such offense unless changed by ordinance.
B. All other time limitations set forth in Section 8.1 of the City Charter shall remain in full force and effect. (Prior code § 12-6)
2.12.060 Imprisonment—County jail.
In any case where a defendant is found guilty of a violation of an ordinance or law of the city in municipal court and is sentenced to imprisonment, he shall be committed by the municipal judge to the county jail of Arapahoe County unless some other place shall be designated by the court. (Prior code § 12-4)
ARTICLE II. MINORS
2.12.070 Definitions.
As used in this section:
“Minor” means a person who has attained the age of ten (10) years and who is under the age of eighteen (18) years at the time of the alleged offense.
“Parent” means either a natural parent of a minor as may be established pursuant to Article 4 of Title 19 of the Colorado Revised Statutes, or a parent by adoption.
“Guardian” means any person other than a parent who is twenty-one (21) years of age or older who has been appointed by a court of law or parent to take responsibility for the minor. (Ord. 1989-4 § 1 (part): prior code § 12-16)
2.12.080 Offenses of minors specified.
Any officer of the police department shall be empowered to issue a summons and complaint to a minor for any offense contained in this code. (Ord. 1989-4 § 1 (part): prior code § 12-17)
2.12.090 Court appearances—Duty of parent to accompany minor.
Whenever a minor receives a summons and complaint for a violation of a section of this code, it shall be the duty of a minor’s parent or guardian of the minor to appear with the minor at each and every court appearance. It is unlawful for a parent to fail to appear at each and every required court appearance, or fail to comply with written promise to appear with the minor, or fail to honor a subpoena issued for a required court appearance. Any person convicted of a violation of this section shall be subject to punishment as provided in Section 1.16.010 of this code. (Ord. 1989-4 § 1 (part): prior code § 12-18)
2.12.100 Hearings—Procedures—Rights of minors—Appointment of counsel.
A. At any hearing involving minors, the general public shall not be excluded unless the court makes a specific finding that it is in the best interest of the minor to exclude the general public, and in such event, the court shall admit only such persons as have an interest in the case or the work of the court, including persons whom the parents wish to be present. Hearings may be continued from time to time as ordered by the court.
B. Minors shall have the same right afforded to all persons over the age of eighteen (18) years brought before the municipal court.
C. The court may appoint counsel for the minor without a request for an attorney if it deems representation by counsel necessary to protect the interest of the minor or other parties. (Ord. 1989-4 § 1 (part): prior code § 12-19)
2.12.110 Failure to appear—Penalty.
A. It is unlawful for any minor to fail to appear in court at the time and place indicated on a notice or summons and complaint issued to the minor for violation of any offense contained in this code.
B. The municipal court is empowered to issue a warrant for a minor under the age of eighteen (18) years when the court finds that the minor:
1. Has failed to appear as required by a notice or summons;
2. Has failed to pay a fine or obey a lawful order of the court;
3. Is adjudged to be in contempt of the municipal court. (Ord. 2019-1 § 2 (part): Ord. 1995-17 § 1; Ord. 1989-4 § 1 (part): prior code § 12-20)
2.12.120 Probation.
A. Terms of probation may be imposed by the municipal court upon adjudication of any offense contained in this code.
B. The court, in its discretion, may assign the monitoring of probationary terms to the juvenile bureau of the Glendale Police Department. (Ord. 1989-4 § 1 (part): prior code § 12-21)