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.
(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)
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.
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.
(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.
(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 |
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.
(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.
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.