Municipal Code - Chapter 10

CHAPTER 10.  MUNICIPAL COURT.

Sections:

10-1                 Municipal Court - Creation.

10-2                 Municipal Court - Jurisdiction and powers.

10-3                 Municipal Court - Rules of procedure.

10-4                 Sessions of Court - Regular and special.

10-5                 Municipal Judges - Appointment; oath; salary; powers.

10-6                 Procedure for issuance of warrant.

10-7                 Court Clerk - Appointment; duties; salary; reports.

10-8                 Appropriations for Municipal Court.

CHAPTER 10.  MUNICIPAL COURT.

Section 10-1.   Municipal Court - Creation.

(1) Definitions.

As used in this Section, unless the context otherwise requires:

a) A municipal court in and for the City of Trinidad is hereby created and established, pursuant to and governed by the provisions of Title 13 of Article 10, C.R.S. 1973, as amended, and the City Charter.

b) The municipal court in and for said City of Trinidad, Colorado, organized to hear and try all alleged violations of ordinance provisions of the city, is hereby established as a qualified municipal court of record pursuant to the provisions of C.R.S. 13-10-101 et seq. The court shall operate in conformity with the Charter and ordinances of the City, shall keep a verbatim record of the proceedings and evidence of trials by either electronic devices or stenographic means, and the judge of the court shall have been admitted to and currently be licensed in the practice of law in the State of Colorado. (Sec. 10-1, amended Ord. 2090, eff. 12/13/19)

Section 10-2.   Municipal Court - Jurisdiction and powers.

The Municipal Court shall have original jurisdiction of all cases arising under this Code and other ordinances of the City with full power to punish violators thereof by the imposition of such fines and penalties as are prescribed by ordinance or Court rule.

Section 10-3.   Municipal Court - Rules of procedure.

The Colorado Municipal Court Rules of Procedure promulgated by the Colorado Supreme Court, which took effect on January 1, 1989, together with all amendments contained therein, be and the same are hereby adopted by reference and said Rules are hereby enacted as the Municipal Court Rules of Procedure of the City of Trinidad.

Section 10-4.   Sessions of Court - Regular and special.

(1)  There shall be regular sessions of the Court for the trial of cases.  The Municipal Judge may hold a special session of the Court at any time.

(2)  All sessions shall be open to the public.  Where the nature of the case is such that it would be in the best interest of justice to exclude persons not directly connected with the proceeding, the Municipal Judge may order that the courtroom be cleared.

Section 10-5.   Municipal Judges - Appointment; oath; salary; powers. (Ord. 3014, Sec 10-5, amended, eff. 2-26-21)

(1)  The Court shall be presided over by a Municipal Judge appointed for a term of two (2) years by resolution of the Council.  Additional Judges may be appointed as may be needed for a term of two (2) years to transact the business of the Court.

(2)  The compensation of the Judge shall be an annual salary in an amount set by the Council and shall be payable as other salaries to Municipal employees.

(3)  Before entering the duties of his/her office, a Municipal Judge shall make an oath or affirmation that he/she will support the Constitution of the United States, the Constitution

of the State, and the laws of the City and will faithfully perform the duties of his/her office.

(4)  The Municipal Judge is empowered in his/her discretion to assess costs of Forty Dollars ($40.00) against any Defendant who pleads Guilty or Nolo Contendere or who enters into a plea agreement or who after trial, is found guilty of an ordinance violation. (Sec. 10-5(4), amended Ord. 2089, eff. 12/13/19)

(5)  In addition to other powers, a Municipal Judge shall have full power and authority to make and adopt rules and regulations for conducting the business of the Municipal Court, consistent with the Colorado Municipal Court Rules of Procedure promulgated by the Colorado Supreme Court.

(6) The Municipal Judge is empowered to order a defendant who is found guilty of violating any provision of the City of Trinidad Municipal Code or any of the ordinances of the City, or who is granted a deferred prosecution or deferred sentence, to make restitution or reparation, or both, to the victim of the defendant’s conduct for the damage or injury sustained.  (Ord. 1936, eff. 5/29/13)

(7) In sentencing or fining a violator, the municipal judge shall not exceed the sentence or fine limitations established herein. Any other provision of the law to the contrary notwithstanding, the municipal judge may suspend the sentence or fine of any violator and place him on probation for a period not to exceed one year.  

SCHEDULE OF FINES

MUNICIPAL COURT/VIOLATIONS BUREAU, TRINIDAD, COLORADO

Listed below are the minimum fines as set by the Judge of this Court and are those payable at the office of the Court Clerk.

Points for traffic violations are assessed by the Colorado Motor Vehicle Division in accordance with the Colorado Revised Statutes, this Court has no control over the assessment of these points.

In addition to fines assessed, court costs in the amount of $40.00 may be assessed against any defendant who pleads guilty or nolo condere or who enters into a plea agreement or who after trial is found guilty of an ordinance violation.

M.T.C.

BRIEF TITLE

C.C.

C.R.S.

PTS

FINE

SPEEDING

1101

Speeding (1-4 mph over limit)

020

42-4-1101

0

$30.00

1101

Speeding (5-9 mph over limit)

004

42-4-1101

1

$70.00

1101

Speeding (10-19 mph over limit)

005

42-4-1101

4

$135.00

1101

Speeding (20-24 mph over limit)

006

42-4-1101

6

$200.00

1101

Speeding (25 mph or more over limit) (Traffic Misd)

006

42-4-1101

6

COURT

1101 (3)

Speeding Too Fast for Conditions

007

42-4-1101

3

$100.00

1103

Impeding Normal Flow of Traffic

008

42-4-1103

3

$50.00

1105

Speed Contest (Traffic Misd)

001

42-4-1105

5

COURT

IMPROPER DRIVING

1201

Improper Start from Parked Position

144

42-4-1201

3

$30.00

1008

Following Too Closely

142

42-4-1008

4

$100.00

710

Driving on Sidewalk

166

42-4-710

3

$70.00

1211

Unsafe Backing

153

42-4-1211

2

$30.00

1404

Crossing Fire Hose

150

42-4-1404

0

$15.00

1401

Reckless Driving     ($300-$1,000)

140

42-4-1401

8

COURT

1402

Careless Driving #1 Drove Motor Vehicle

#2 Drove Motor Vehicle Causing Injury

141

141

42-4-1402

42-4-1402

4

4

$150.00

COURT

1403

Following Too Close Behind Fire Apparatus

149

42-4-1403

3

$30.00

709

Vehicle obstructed intersection/crosswalk or RR crossing

151

42-4-709

0

$70.00

232

Violation of Motorcycle Safety Law (Goggle/footrest)

161

42-4-232

0

$15.00

1008

Unlawful Following by Vehicle Drawing Another

165

42-4-1008

4

$100.00

Passing

1002

Improper Passing

191

42-4-1002

4

$100.00

1003

Improper Passing (Overtaking Vehicle on Left)

193

42-4-1003

4

$100.00

1004

Improper Passing (Overtaking Vehicle on Right)

194

42-4-1004

4

$100.00

1005

Passed on Left when Left Not Clear of Traffic

195

42-4-1005

4

$100.00

1005

Passed while crossing or w/in 100’ of Intersection of RR crossing

196

42-4-1005

4

$100.00

1005

Passed When View Obstructed

198

42-4-1005

4

$100.00

1005

Passed on Left When Prohibited by Signs and/or Markings

199

42-4-1005

4

$100.00

802(4)

Overtaking Vehicle Stopped for Pedestrian

203

42-4-802

3

$30.00

Lane Usage

1007

Changed Lanes When Unsafe

221

42-4-1007

3

$100.00

1007

Failed to Drive in Single Lane (Weaving)

223

42-4-1007

3

$100.00

1007

Failed to Drive in Designated Lane (Specify)

225

42-4-1007

3

$100.00

1503

Operating Motorcycles on Laned Roads

226

42-4-1503

3

$30.00

Wrong Way

1001

Driving on Wrong Side of Road (Not Passing)

250

42-4-1001

4

$70.00

1006

Drove Wrong Way on One-Way Street or Road

254

42-4-1006

4

$70.00

1006

Drove Wrong Way on One-Way Alley

255

42-4-1006

3

$70.00

1006

Drove Wrong Way Around Rotary Island

256

42-4-1006

3

$70.00

Turns

902

Made “U” Turn Where Prohibited

270

42-4-902

3

$70.00

604

Right Turn on Red Light When Prohibited

271

42-4-604

4

$100.00

901

Left Turn From Wrong Position Lane

273

42-4-901

3

$70.00

901

Failed to Turn from “Turn Only Lane”

276

42-4-901

3

$70.00

702

Left Turn in Front of Approaching Traffic

278

42-4-702

3

$70.00

710

Unlawful Turn on Entering or Emerging From Alley or Driveway

281

42-4-710

4

$70.00

Traffic Controls

603

Failed to Observe or Disregarded Traffic Control Device

300

42-4-603

4

$100.00

603

Disregarded School Stop or Warning Sign

301

42-4-603

4

$100.00

603

Disregarded Warning, Slow or Construction Sign

302

42-4-603

4

$100.00

603

Disobeyed Direction Signs       

303

42-4-603

4

$100.00

604

Violation of Red Light

304

42-4-604

4

$100.00

604

Violation of Red Light with Green Arrow

306

42-4-604

4

$100.00

605

Violation of Flashing Signal Light

310

42-4-605

4

$70.00

706

Disregarded RR Signal/Gate/Barricade/Flagman

315

42-4-706

4

$70.00

703

Disregarded Stop Sign

319

42-4-703

4

$70.00

Parking

1204

Parked Vehicle Where Prohibited by Signs

351

42-4-1204

0

$15.00

1204

Parked Vehicle on Bridge

352

42-4-1204

0

$15.00

1204

Parked Vehicle on Sidewalk/In Crosswalk/In Intersection

353

42-4-1204

0

$15.00

1204

Improper Moving of Parked Vehicle

354

42-4-1204

0

$15.00

1205

Parked Vehicle on Wrong Side of Road

355

42-4-1205

0

$15.00

1205

Parked Vehicle More than 12" from Curb

356

42-4-1205

0

$15.00

1206

Failed to Lock Ignition/Remove Key from Vehicle

357

42-4-1206

0

$15.00

1206

Parked Vehicle Without Setting Parking Brake

358

42-4-1206

0

$15.00

1206

Parked Vehicle on Grade W/O Turning Wheels

359

42-4-1206

0

$15.00

210

Failed to Display Required Lights When Parked

360

42-4-210

0

$15.00

1204

Parked On or Near RR Tracks Prohibited

361

42-4-1204

0

$15.00

1208

Parked in Handicapped When Not Entitled

362

42-4-1208

0

$100.00

Right of Way

604

FTYROW on Right Turn After Stop at Red Light

370

42-4-604

3

$100.00

701

FTYROW at Intersection

371

42-4-701

3

$70.00

703

FTYROW at Yield Intersection

372

42-4-403

3

$70.00

703

FTYROW at Stop Sign

373

42-4-703

3

$70.00

704

FTYROW w/Entering from Private Road

374

42-4-704

3

$70.00

705

FTYROW to Emergency Vehicle

375

42-4-705

4

$70.00

802

FTYROW to Pedestrian

376

42-4-802

4

$30.00

802

FTYROW to Pedestrian at Walk Signal

377

42-4-802

4

$30.00

710

FTYROW to Pedestrian Upon Emerging from Alley/Driveway/Building

378

42-4-710

4

$70.00

710

FTYROW to Vehicle Upon Emerging from Alley/Driveway/Building

379

42-4-710

3

$70.00

808

FTYROW to Handicapped Person

380

42-4-808

6

$70.00

807

Fail to Exercise Due Care for Pedestrian

381

42-4-807

4

$70.00

Pedestrian Violations

805(3)

Pedestrian on Highway Under Influence of Intoxicating Liquor

103

42-4-805

0

$25.00

604

Pedestrian Failed to Obey Signal Light

400

42-4-604

0

$35.00

801

Pedestrian Disregarded Traffic Control Device

401

42-4-801

0

$15.00

803

Pedestrian FTYROW to Vehicle

402

42-4-803

0

$15.00

805

Pedestrian Walked on Wrong Side of Road

403

42-4-805

0

$15.00

803

Unlawful Angle Crossing of Roadway by Pedestrian

406

42-4-803

0

$15.00

802

Unlawful Crossing of Roadway by Pedestrian

407

42-4-802

0

$15.00

805

Unlawful Walking Along or Upon Roadway

408

42-4-805

0

$15.00

604

Pedestrian Violation of Traffic Signal

409

42-4-604

0

$30.00

802(3)

Pedestrian Suddenly Walked into Path of Vehicle at Crosswalk

411

42-4-802(3)

0

$15.00

School

1903(1)

Passed School Bus w/Flashing Lights

420

42-4-1903

6

$150.00

1903

Illegal School Bus Stopping

421

42-4-1903

3

COURT

1903

Failure of School Bus Driver to Comply w/School Bus Laws

422

42-4-1903

2

COURT

Signaling

903

Failure to Signal or Gave Improper Signal

433

42-4-903

2

$70.00

903

Failure to Signal for Turn

134

42-4-903

2

$70.00

903

Failure to Signal for Stop

435

42-4-903

2

$70.00

608

Failure to Use Turn Signal

436

42-4-608

2

$70.00

609

Improper Hand Signals

438

42-4-609

2

$15.00

Obstructed/Obscured Vision/Interference with Driver

201(1)

No. of Persons in Front Seat Obstructed Vision

450

42-4-201

0

$35.00

201(1)

No. of Persons in Front Seat Interfered w/Driver

451

42-4-201

0

$35.00

201(4)

Glass in Vehicle Did Not Permit Normal Vision

452

42-4-201

0

$35.00

201(1)

Passenger in Vehicle Interfered with Driver or Obstructed Vision

453

42-4-201

0

$35.00

201(1)

Driver Allowed Passenger to Interfere with Driving

454

42-4-201

0

$35.00

201(1)

Driver Allowed Passenger to Obstruct Vision

455

42-4-201

0

$35.00

201(6)

Hazardous Situation-Clinging to Vehicle

456

42-4-201

0

$35.00

201(6)

Hazardous Situation-Driver Allowed Clinging

457

42-4-201

0

$35.00

201(6)

Driver Allowed Passenger to Ride in Unsafe Manner

457

42-4-201

0

$35.00

227(1)

Obstructed Windows – Certain materials prohibited

458

42-4-227

0

$50.00

227(2)

Unclear Windows – Windshield wiper required

459

42-4-227

0

$15.00

504

Load Obscured Vision

462

42-4-504

0

$75.00

227(1)

Tinted Windows

466

42-4-227

0

$50.00

1411

Unlawful Use of Headset (Earphones)

467

42-4-237

0

$15.00

Towing

506

No Towing Flag

471

42-4-506

0

$15.00

506

No Safety Chain/Cable on Towed Vehicle

472

42-4-506

0

$15.00

506

Unlawful Drawbar

473

42-4-506

0

$15.00

Equipment

608(2)

No Turn Signal When Required

540

42-4-608

0

$15.00

202

Drove Defective or Unsafe Vehicle

542

42-4-202

2

$35.00

209

No Red Light/Flag Rear

543

42-4-209

0

$15.00

223

Vehicle Did Not Have Adequate Hand/Foot Brake

548

42-4-223

2

$15.00

224

Vehicle With No or Defective Horn

550

42-4-224

0

$15.00

225

Vehicle Had Defective/Improper/No Mufflers

552

42-4-225

0

$15.00

226

Vehicle Did Not Have Rear Mirror(s)

553

42-4-226

0

$15.00

227(2)

Vehicle Had No or Defective Windshield Wipers

555

42-4-227

0

$15.00

228

Unsafe Tires

556

42-4-228

0

$15.00

234

Slow Moving Vehicle Display of Emblem

565

42-4-234

0

$15.00

236

Child Restraint Systems

574

42-4-236

0

$65.00

237

Safety Belt Required

575

42-4-237

0

$65.00

Lights-Reflectors

204

Failed to Display Lights w/Visibility Less 1000'

610

42-4-204

2

$15.00

204

Headlamps to be Lit

611

42-4-204

2

$15.00

205

Vehicle with Improper Headlights

612

42-4-205

0

$15.00

205

Vehicle Not Equipped w/Headlights as Required

613

42-4-205

0

$15.00

205

No/Too Many Light(s) Motorcycle

614

42-4-205

0

$15.00

206

Vehicle with Defective/Improper/No Tail Lamps

615

42-4-206

0

$15.00

206

Defective Rear Lamps

618

42-4-206

0

$15.00

206

No License Plate Light

619

42-4-206

0

$15.00

208

Vehicle Did Not Have Signaling Device as Required

624

42-4-208

0

$15.00

212

Misused Spot Light

628

42-4-212

0

$15.00

215

Vehicle Failed to Have Turn Signals as Required

630

42-4-215

0

$15.00

217

Failed to Dim Lights

632

42-4-217

2

$15.00

219

Used More than Four Lights When Prohibited

635

42-4-219

0

$15.00

220

No Signal Lamps

637

42-4-220

0

$15.00

220

Unlawful Flashing Lights

639

42-4-220

0

$15.00

231

Drove on Highway with Parking Lights

642

42-4-231

0

$15.00

Not Otherwise Classified

107

Disregarded Police Officer

900

42-4-107

3

$100.00

109

Skis, Sled or Similar Devices on Highway

901

42-4-109

0

$15.00

109

Use of Coasters, Roller Skates, Skis/Sleds, and Similar Devices Restricted

909

42-4-109

0

$35.00

603

Driving Around or Through Barricades Prohibited

913

42-4-603

3

$100.00

1207

Entering or Emerging from Parked Vehicle

915

42-4-1207

0

$15.00

1207

Leaving Door Open into Lane of Traffic

916

42-4-1207

0

$15.00

106

Unlawful Deviation from Designated Truck Routes

920

42-4-106

0

$70.00

109 or 1412

Bicycle Obedience to Traffic Control Devices

924

42-4-109

42-4-1412

0

$15.00

109 or 1412

Persons Riding on Bicycles

925

42-4-109

42-4-1412

0

$15.00

1412

Speeding on Bicycle

927

42-4-1412

0

$15.00

109

Bicycle Emerging from Alley or Driveway

928

42-4-109

0

$15.00

220

Lamps and Other Equipment on Bicycles

931

42-4-220

0

$15.00

709

Stop When Traffic Obstructed

952

42-4-709

3

$35.00

1409

Owner Operated/Permitted Operation of Vehicle Without Liability Insurance

954

42-4-1409

4

COURT

1409

Drove Vehicle Without Insurance

956

42-4-1409

4

COURT

1409

No Insurance in Possession

957

42-4-1409

4

COURT

1407

Spilling loads on roadway

494

42-4-1407

0

$35.00

1407

Spilling loads on roadway (3)(b)

498

42-4-1407

3

$100.00

1407

Spilling loads on roadway (3)( C)

499

42-4-1407

3

$500.00

Section 10-6.   Procedure for issuance of warrant.

The application for and issuance of any search warrant which may be issued by the Municipal Judge to search for and seize property, or for inspection of private premises by an authorized inspector, shall be in accordance with those procedures set forth in the Colorado Municipal Court Rules of Procedure.

Section 10-7.   Court Clerk - Appointment; duties; salary; reports.

(1)  The Presiding Judge may appoint a person to serve as Clerk of the Court whose duties shall be those assigned by the Presiding Judge.

(2)  The compensation of the Court Clerk shall be an annual salary in an amount set by the Council and shall be payable as other salaries to Municipal employees.

(3)  The Court Clerk shall file monthly reports with the City Clerk of all moneys collected by him/her.  All moneys received by and in the custody of the Court Clerk shall be paid daily to the Department of Finance.

Section 10-8.   Appropriations for Municipal Court.

The City Council shall, on an annual basis, budget and appropriate such moneys as may be necessary for the proper operation of the Municipal Court.