(a)

Presiding judge. The municipal court shall be presided over and its functions exercised by one or more judges, including a presiding judge designated by the city council, in accordance with the Charter, as amended from time to time.

(b)

Vacancy; nomination committee.

(1)

In the event of a vacancy in the office of the presiding judge of the municipal court, the council shall, if necessary to secure continuity in such office, appoint an acting presiding judge, to serve until the completion of the designation process for the successor to such office. Such acting presiding judge shall have and exercise all the authority of the presiding judge.

(2)

The council shall appoint an ad hoc judicial nominating committee consisting of an attorney licensed to practice law in the state and a lay person residing in the city and the chief judge of the 17th Judicial District or the chief judge's designee being a judge presiding in the district.

(3)

The committee shall promulgate necessary rules governing its procedure, review the applications and references presented and conduct oral interviews of qualified applicants. The city manager shall provide any municipal facilities and city staff reasonably required to achieve the duties of the committee.

(4)

The committee shall submit to the council the names of three qualified applicants or, if there are fewer than three qualified applicants, the name of each qualified applicant, along with their applications and written communications the committee may provide to assist the council in the selection process. The committee may designate an order of preference in the names submitted.

(5)

The council shall review the materials submitted by the committee and conduct such additional procedures, including interviews with the applicants referred by the committee, as the council may deem appropriate and from the names of the applicants submitted by the committee designate a presiding judge.

(6)

The council may, in the public interest, defer designation of the presiding judge and reopen the selection process as set forth in this subsection.

(Code 1975, § 6-1; Ord. No. 741, 2-28-77; Ord. No. 1946, 2-12-90; Ord. No. 2304, § 12, 12-20-93)

Charter reference— Presiding Judge, § 6.2.

All municipal judges shall be and are authorized to issue warrants for the inspection, search, and nuisance abatement of premises or property by municipal or joint city/county officials or inspectors upon proper application. Nothing in this section shall be construed to require the issuance of a warrant for emergency inspections or in any other case where warrants are not required by law. The municipal court may assess costs to a defendant named in any process, writ or warrant issued by it and which process or warrant was served or executed as provided by law, including the costs of service, commitment or incarceration which are incurred by the city or the municipal court in connection with the service or execution of such process, writ or warrant.

(Code 1975, § 6-2; Ord. No. 3053, 5-13-08)

The city manager shall appoint a person to serve as an administrator of the municipal court, and any reference in this article to "administrator" shall be deemed to apply to that person. The city manager shall appoint such other staff of the municipal court as may be necessary to carry out efficiently the business of the court.

(Code 1975, § 6-4; Ord. No. 1873, 6-26-89; Ord. No. 2304, § 14, 12-20-93)

The municipal court administrator shall keep a register of the actions in such court, including all fees and money collected and an index thereof.

(Code 1975, § 6-5; Ord. No. 1873, 6-26-89)

The municipal court administrator or deputy court clerk shall be present at each session of the municipal court in order to properly keep the records of the court. The administrator shall record all fees, fines and penalties received and pay over such to the city financial director and shall make a monthly accounting of all such fees, fines and penalties collected.

(Code 1975, § 6-6; Ord. No. 1873, 6-26-89)

The municipal court administrator shall prepare and keep a docket for the court in which the judgments of each case shall be noted.

(Code 1975, § 6-7; Ord. No. 1873, 6-26-89)

(a)

There is established a traffic violations bureau within the municipal court for the handling of violations of applicable sections of this Code, ordinances and regulations of the city or parts thereof, as prescribed and authorized by the municipal court. Any person who has received any notice to appear in answer to a charge of violating any such applicable sections of this Code, ordinances or regulations may, within the time specified in the notice of such charge, answer at the traffic violations bureau to the charges set forth in such notice by paying a fine, pleading guilty in writing to the charge, waiving a hearing in court and giving power of attorney to make such a plea and pay such fine in court. Acceptance of the prescribed fine and the power of attorney by the bureau shall be deemed to be complete satisfaction for the violation, and the violator shall be given a receipt which so states. No person shall be deprived of a full and impartial hearing in court or by a jury, if otherwise entitled to a jury under this chapter.

(b)

The administrator shall be the supervisor of the traffic violations bureau.

(c)

The court shall enter judgment by default against a person charged with a traffic infraction who fails to plead guilty to the offense in accordance with subsection (a) of this section and who fails to appear in the municipal court to answer such charge on the date and time listed on the complaint or summons and complaint, or on the date and time such person is scheduled for trial.

(d)

For purposes of this section, a traffic infraction is any violation of Article XII of Chapter 38 of this Code which is not punishable by imprisonment.

(e)

In any action in which the commission of a traffic infraction and a violation of this Code are charged in one complaint or summons and complaint, all charges shall be returnable and the action shall be treated as one proceeding governed by the rules, statutes and ordinances applicable to municipal violations which are not traffic infractions.

(f)

The amount of the judgment entered pursuant to subsection (c) of this section shall be the fine and costs assessable for such charge under this Code upon conviction or a plea of guilty or no contest.

(g)

The court may set aside a judgment entered under subsection (a) of this section on a showing of good cause or excusable neglect by the defendant, or a showing that the court did not have jurisdiction over the subject matter of the alleged infraction or over the person of the alleged violator. The court shall have no jurisdiction to set aside a judgment unless a motion has been filed within seven calendar days after entry of judgment.

(h)

If the defendant fails to file a motion to vacate the judgment within the seven-day period provided in subsection (g) of this section or such motion is denied, the court shall forward the record of such judgment, including points assessed, to the state division of motor vehicles, pursuant to the provisions of C.R.S. §§ 42-2-127(6)(a), 42-4-1709, and 42-4-1710.

(Code 1975, § 6-8; Ord. No. 1010, 2-9-81; Ord. No. 1490, 11-12-85; Ord. No. 1873, 6-26-89; Ord. No. 2126, § 1, 11-12-91; Ord. No. 2304, § 15, 12-20-93; Ord. No. 2315, § 1, 4-11-94; Ord. No. 3141, § 1, 7-27-10)

The municipal court administrator, with the consent and direction of the presiding judge, may issue notices, subpoenas and summonses in all cases coming within the jurisdiction of the municipal court.

(Code 1975, § 6-9; Ord. No. 1873, 6-26-89)

The presiding judge and the administrator and the deputy court clerks of the municipal court shall have the power to administer oaths and affirmations in all municipal matters in the municipal court.

(Code 1975, § 6-10; Ord. No. 1873, 6-26-89)

(a)

The initiation of prosecutions in the municipal court, including the issuance of a complaint or summons and complaint, shall be in accordance with the Colorado Municipal Court Rules of Procedure (Colorado Rules). Violations of this Code for which imprisonment is not a possible penalty and that are not criminal under counterpart state law are civil, but the municipal court shall follow the Colorado Rules in all such cases unless these rules are clearly inapplicable. Any complaint or summons and complaint may be issued as provided in Rule 204 of the Colorado Rules. The word "issued" shall be defined as preparation of the summons or summons and complaint by a peace officer.

(b)

For purposes of this Code, the term "peace officer" shall include the following city officers and employees:

(1)

Police officers, defined as a peace officer by C.R.S. § 18-1-901(3)(l), Levels, I, Ia, II, III and IIIa, who are empowered to enforce the laws of the State and all City ordinances and Charter provisions, while acting within the scope of such officer's duty and authority. The term peace officer shall include a duly appointed or authorized law enforcement officer.

(2)

Animal control officers who are empowered to enforce state laws, pursuant to C.R.S. § 30-15-105 and Chapter 6 of this Code relating to animals, while acting within the scope of their authority.

(3)

Code compliance officers who are empowered by this section with the duties of enforcement, investigation and control for the following chapters and articles of the Thornton City Code; Chapter 18 pertaining to the Development Code, Chapter 26, Article V pertaining to sales and use tax regulations, Article X of Chapter 38 pertaining to property maintenance, environmental regulations and nuisances and Chapter 70 pertaining to streets and sidewalks, while acting within the scope of their authority.

(4)

The Thornton Fire Chief and members of the Fire Prevention Division are hereby empowered to have the power of a police officer in performing their duties of enforcing the provisions of the International Fire Code as adopted in Section 10-160 and as amended in section 10-161, while acting within the scope of their authority.

(5)

Building inspectors are hereby empowered to have the power of a police officer in performing their duties of enforcing the provisions of the International Building Code as adopted in Section 10-151 and amended in Section 10-152 of the Code, and any and all other ordinances or regulations of the city relating to building inspection and construction, while acting within the scope of their authority.

(6)

The executive director of utilities and infrastructure is hereby empowered to have the power of a police officer in enforcing the provisions of Chapter 22, Article V., Grading, Stormwater, Erosion and Sediment Control and Chapter 22, Article VI., Floodplain Regulations.

(7)

The city manager may designate employees of a city department as peace officers empowered to initiate a prosecution pursuant to this section 14-10 under specifically described circumstances.

(c)

In the case of subsections (b)(3) through (6) of this section, those personnel, however titled, shall have such enforcement powers without regard to the certification requirements of C.R.S. § 24-31-301 et seq.

(Code 1975, § 6-11; Ord. No. 1490, 11-12-85; Ord. No. 2126, § 2, 11-12-91; Ord. No. 2193, § 1, 9-28-92; Ord. No. 2304, § 16, 12-20-93; Ord. No. 2358, § 1, 1-12-94; Ord. No. 2409, § 19, 3-18-96; Ord. No. 2591, § 1, 12-13-99; Ord. No. 2633, § 2, 9-25-00; Ord. No. 2666, § 8, 6-18-01; Ord. No. 2731, § 13, 10-8-02; Ord. No. 3647, § 3, 3-14-23; Ord. No. 3737, § 1, 8-12-25)

(a)

Service of subpoena or summons or summons and complaint shall be made pursuant to the municipal court rules of procedure. Any peace officer, as defined by Section 14-10, may serve any summons and complaint issued out of this court or issued in connection with this court's jurisdiction in any place in the state.

(b)

Any person 18 years of age or older who is not a party to the action may serve any subpoena or summons issued in connection with the jurisdiction of this court anywhere in the state.

(Code 1975, § 6-12; Ord. No. 2193, § 2, 9-28-92; Ord. No. 2304, § 17, 12-20-93)

In municipal actions it shall be sufficient to charge a violation of this Code or an ordinance of the city in any complaint or summons and complaint by reference to the Code section or ordinance number, together with a brief statement or description of the nature of the offense charged.

(Code 1975, § 6-14)

In any prosecution for the violation of this Code or a city ordinance based upon the complaint of any person other than a police officer or court personnel, if the complaining witness who signed and filed the complaint fails or refuses to testify at the time of trial or asks the court to dismiss the complaint on reasonable grounds or it appears to the court that there were no reasonable grounds for such complaint or that it was maliciously or impertinently filed, at the discretion of the court, costs may be assessed against such a complaining witness.

(Code 1975, § 6-15)

(a)

Failure to obey a properly executed summons or summons and complaint to appear or an authorized order of the court to appear shall be deemed a separate violation.

(b)

When a defendant duly summoned or admitted to bail fails to appear at the time the defendant's case is made returnable or set for trial, the municipal judge may issue an order for the arrest of the defendant.

(c)

Any person 18 years of age or older who fails to obey a lawful summons or summons and complaint or order to appear of this court shall be deemed in violation of this section and shall be punishable as provided in Section 1-8(b).

(d)

Any person under 18 years of age who fails to obey a lawful summons or summons and complaint or order to appear of this court shall be deemed in violation of this section and shall be punishable as provided in Section 1-8(a).

(Code 1975, § 6-17; Ord. No. 2304, § 20, 12-20-93)

It shall be lawful for the municipal judge to hold a special session of court at any time, including Sundays, if, in the discretion of a judge in municipal court, a special session is deemed advisable.

(Code 1975, § 6-19)

(a)

In the discretion of the municipal judge, a stay of execution may be granted by the judge to enable a defendant who is 18 years of age or older to pay a fine or complete other conditions of their sentence at a later date including the completion of community service in lieu of a fine. If a defendant fails to meet the terms of the stay of execution allowed under this subsection, a bench warrant may issue for the arrest of the defendant for failure to comply with a lawful order of the court, including an order to pay a fine.

(b)

In the discretion of the municipal judge, a stay of execution may be granted by the judge to enable a defendant who is less than 18 years to pay a fine or complete other conditions of their sentence at a later date including the completion of community service in lieu of a fine. If a defendant fails to meet the terms of the stay of execution allowed under this subsection, a bench warrant may issue for the arrest of the defendant and the defendant shall be placed in a juvenile detention facility operated or contracted by the Department of Human Services or a temporary holding facility operated by or under contract with the City of Thornton for failure to comply with a lawful order of the court, including an order to pay a fine.

(Code 1975, § 6-21; Ord. No. 1490, 11-12-85; Ord. No. 3677, § 2, 10-22-24)

Any person charged before the municipal court who is financially unable to obtain counsel and who could be incarcerated if convicted of one or more of the violations with which charged, or who may be otherwise entitled by law to court-appointed counsel, may petition the court for court-appointed counsel. Court-appointed counsel shall be compensated through funds made available by the city council in the annual budget and paid at no less than the rates recommended by the Chief Justice Directive 04-04 for Court Appointed Counsel, as amended. Petitions by defendants for a court-appointed counsel must be accompanied by a financial statement sufficient to adequately advise the municipal judge that the defendant is financially unable to obtain counsel. The municipal judge retains jurisdiction to determine whether or not the defendant is in fact financially unable to obtain counsel and qualified for court-appointed counsel.

(Code 1975, § 6-22; Ord. No. 1490, 11-12-85; Ord. No. 2304, § 23, 12-20-93; Ord. No. 2591, § 2, 12-13-99; Ord. No. 3563, § 1, 9-22-20)

(a)

The prosecuting attorney, an assistant city attorney who shall be appointed by the city attorney, shall have the sole and exclusive responsibility of prosecuting any charges filed in the municipal court.

(b)

Where it appears that the effective administration of criminal justice will be served, the prosecuting attorney may engage in plea discussions for the purpose of reaching a plea agreement. The prosecuting attorney should engage in plea discussions or reach plea agreements with the defendant only through or in the presence of defense counsel, except where the defendant has not retained counsel and is representing the defendant.

(c)

In plea agreements, the prosecuting attorney may agree to deferred prosecution or deferred sentencing. Pursuant to a plea agreement, the prosecuting attorney may agree to make or not to oppose favorable recommendations concerning the sentence to be imposed if the defendant enters a plea of guilty or no contest. The trial judge shall not participate in plea discussions.

(d)

When a plea of guilty or no contest is tendered or received as a result of a plea agreement, the trial judge should give the agreement due consideration, but, notwithstanding its existence, the trial judge should reach an independent decision on whether to grant charge or sentence concessions as contained in the plea agreement.

(Code 1975, § 6-23; Ord. No. 1873, 6-26-89; Ord. No. 2304, § 24, 12-20-93)

(a)

Code and ordinance violations for which imprisonment is not a possible penalty and that are not criminal under counterpart state law are civil, but the municipal court shall follow the Colorado Municipal Court Rules (Colorado Rules) in all such cases unless such rules are clearly inapplicable.

(b)

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.

(Code 1975, § 6-25; Ord. No. 1490, 11-12-85; Ord. No. 2126, § 4, 11-12-91; Ord. No. 2304, § 26, 12-20-93)

The city manager is authorized to administer and supervise the functioning and operations of the court administrator and all subordinate personnel of the court administrator's office.

(Code 1975, § 6-28; Ord. No. 1522, 1-13-86; Ord. No. 1873, 6-26-89)

The presiding judge of the municipal court shall retain the authority and responsibility for the promulgation and enforcement of all rules, procedures and proceedings pertaining to the functions of the municipal court.

(Code 1975, § 6-30; Ord. No. 1522, 1-13-86)

(a)

The municipal court may assess a surcharge in accordance with the Fine and Fee Schedule adopted by city council, against every defendant who is found guilty, pleads guilty, or pleads no contest to any violation of this Code or a city ordinance, other than parking violations.

(b)

Court costs and fees may be assessed against every defendant who is found guilty in a trial or who has pled guilty or no contest to any ordinance or Charter violation.

(c)

Every person who fails to appear before the municipal court as required by the issuance of a summons and complaint or by other order of the court, notice of which was duly served or delivered upon such person, may be assessed a show cause fee for each such failure to appear. If a warrant is issued for the defendant's arrest, a warrant fee may be assessed. Such fees shall be in addition to all other costs, fees, and penalties imposed by the court.

(d)

The forfeiture of any jury demand fee, together with additional court costs, may be assessed against every defendant who is found guilty of an ordinance or Charter violation in a trial to a jury.

(Code 1975, §§ 6-31, 6-32; Ord. No. 1608, 10-27-86; Ord. No. 2276, §§ 1, 2, 7-26-93; Ord. No. 2896, § 1, 7-26-05; Ord. No. 3677, § 3, 10-22-24)

Cross reference— General penalty for ordinance violations, § 1-8.

(a)

Definition. As used in this section, contempt of court means misbehavior of any person in the presence of the municipal court or misbehavior so near thereto as to obstruct the administration of justice, misbehavior of any officer of the court in such officer's official transactions and disobedience or resistance of any person to or interference with any lawful writ, process, order, rule, decree or command of such court or any other act or omission designated as contempt by the statutes of the state, this Code or ordinances of the city.

(b)

In presence of court. When a contempt is committed in the presence of the municipal court it may be punished summarily. In such case an order shall be made reciting the facts constituting the contempt, adjudging the contemner guilty of contempt, and prescribing the punishment therefor. Such order shall be final and conclusive.

(c)

Out of presence of court. When it appears to the municipal court, by motion supported by affidavit, that a contempt has been committed out of the presence of the municipal court, it may ex parte order a citation to issue to the person so charged to appear and show cause at a time designated why such person should not be punished therefor. If such person fails to appear at the time so designated or if the municipal court so orders when the citation is issued or thereafter, a warrant for the arrest of such person may issue to a duly authorized law enforcement officer. The municipal court shall direct, by endorsement thereon, the amount of the bail required, and such person shall be discharged upon delivery to and approval by a duly authorized law enforcement officer or clerk of a written undertaking executed by two or more sufficient sureties or a corporate surety company, to the effect that such person will appear before the municipal court upon the date ordered by such court and at any time thereafter to which the hearing may be continued or pay the sum specified. If such person fails to appear at the time designated or at any time to which the hearing may be continued, the undertaking may be forfeited, and the amount thereof, to the extent of the damages suffered by the contempt, shall be paid to the aggrieved party. If the person so charged fails to make bond, a duly authorized law enforcement officer shall keep such person in custody subject to the order of the court.

(d)

Trial and punishment. The municipal court shall hear the evidence for and against the person charged and it may find such person guilty of contempt and, by order, prescribe the punishment therefor. A fine may be imposed not exceeding the damages suffered by the contempt, plus costs of the contempt proceeding, plus reasonable attorney's fees in connection with the contempt proceeding, payable to the person damaged. If the contempt consists of the failure to perform an act in the power of the person to perform, such person may be imprisoned until its performance. In addition thereto, to vindicate the dignity of the court, if the citation so states, a fine or imprisonment may be imposed. If any such fine is not paid, the court may order the contemner imprisoned until payment thereof. The maximum fine that may be assessed for contempt of court shall be the maximum fine authorized by Section 1-8, plus costs and fees, and the maximum period of imprisonment one year. A child found in contempt of the municipal court and sentenced to imprisonment therefor shall be confined in a jail, lockup or other place in accordance with the provisions of C.R.S. § 42-4-1504.5. An adult found in contempt of the municipal court and sentenced to imprisonment therefor shall be confined in a jail, lockup or other place in accordance with the provisions of C.R.S. § 17-26-105.

(e)

Criminal prosecution and criminal contempt; limitation. Nothing contained in this section shall prevent the criminal prosecution of a person charged with contempt or proceeding in criminal contempt; provided, however, that if punishment is inflicted to vindicate the dignity of the court, as provided in subsection (d) of this section, no further proceeding in criminal contempt shall be had upon the facts stated in the motion.

(Code 1975, § 6-33; Ord. No. 2098, 8-26-91; Ord. No. 3266, § 4, 9-24-13)

(a)

A municipal court judge has the authority to issue a protective order against any person charged with or convicted of a municipal offense as a condition of arraignment or as part of the person's sentence.

(1)

For a person charged: Such order shall remain in effect from the time that the person is given an advisal of rights at arraignment or the first court appearance before the judge until final disposition of the case or until further order of the judge. Such order shall restrain the person charged from harassing, molesting, intimidating, retaliating against, tampering with, or contacting directly or indirectly any witness to or victim of the municipal offense charged.

(2)

For a person convicted: Such order shall remain in effect as determined by the judge, not to exceed one year, and may be a part of any sentence imposed by the judge. Such order shall restrain the defendant from harassing, molesting, intimidating, retaliating against, or tampering with, or contacting directly or indirectly any witness to or victim of the acts for which the defendant was convicted.

(3)

The person charged or convicted shall be personally served with the order or shall otherwise have actual knowledge of the contents of any such order by judicial advisement of the contents of the order and the court providing a copy of such order to the person charged or convicted.

(b)

It shall be unlawful for any person to violate a protective order issued pursuant to Section 14-24(a). Violation of a protective order constitutes a separate criminal offense, punishable by Section 1-8(b) of this Code.

(1)

Any sentence imposed for a violation of Section 14-24(b) shall run consecutively and not concurrently with any sentence imposed for any crime which gave rise to the issuing of the order.

(2)

The judge may continue, dismiss or modify any existing order issued pursuant to Section 14-24(a).

(Ord. No. 2959, § 1, 9-26-06)

In all trials before the municipal court in cases arising under this Code or city ordinances, trial shall be to the court, unless the defendant is entitled to a jury trial under the Constitution of the state or of the United States, general laws of the state, or the Charter or this Code or ordinances of the city. A request for a jury trial shall be in accordance with the applicable Colorado Municipal Court Rules of Procedure. A defendant who fails to file with the court the written jury demand, as provided in this section, waives the right to a jury trial. When a jury trial is granted, the jury shall consist of three jurors unless a greater number, not to exceed six, is requested by the defendant in the jury demand.

(Code 1975, § 5-80; Ord. No. 705, 12-22-75; Ord. No. 2304, § 1, 12-20-93; Ord. No. 2894, § 1, 7-26-05; Ord. No. 3199, § 1, 6-12-12)

A jury summons shall be served by the jury commissioner and shall be either personally served or served by regular mail to the usual place of abode of the juror. Service is also valid if the juror named has signed a waiver of personal service. The jury summons shall be served at least five days before the day on which the jurors are required to appear; provided, however, that the judge of the municipal court may, in the judge's discretion, order the jury commissioner to certify a list to the chief of police for personal service to be made by a police officer or an officer of the city.

(Code 1975, § 5-82; Ord. No. 705, 12-22-75; Ord. No. 2304, § 3, 12-20-93; Ord. No. 2591, § 3, 12-13-99)

Nothing in this article shall be held to deprive the court of the power to cause a jury to be summoned by open venire as is provided by law.

(Code 1975, § 5-83)

Persons summoned to jury duty pursuant to this article shall be entitled to a juror's fee as set forth in the municipal court fine and fee schedule.

(Code 1975, § 5-84; Ord. No. 705, 12-22-75; Ord. No. 2304, § 4, 12-20-93)

The jury commissioner of the municipal court shall be the court administrator and he or she shall serve for the same term as his or her appointment as court administrator without additional compensation. All court clerks are appointed deputy jury commissioners and shall have the same powers as the jury commissioner in his or her absence.

(Code 1975, § 5-85; Ord. No. 705, 12-22-75; Ord. No. 2591, § 4, 12-13-99)

The city clerk and the city clerk's staff shall give the jury commissioner appointed in Section 14-55 access to all books, records and papers in their respective offices and shall render all assistance within their power to enable the jury commissioner to procure the names of all persons in the city qualified to serve as jurors.

(Code 1975, § 5-86; Ord. No. 705, 12-22-75)

Qualifications and exemptions of jurors shall be the same as provided in C.R.S. §§ 13-71-105 and 13-71-119.

(Code 1975, § 5-87; Ord. No. 705, 12-22-75; Ord. No. 2304, § 5, 12-20-93)

(a)

The municipal court judge has the discretion to assess witness fees as costs of the action.

(b)

The court may assess against every defendant who fails to appear for trial a witness fee for each witness who appeared for such trial. Such witness fees shall be in accordance with the fine and fee schedule adopted by city council.

(Code 1975, § 5-89; Ord. No. 705, 12-22-75; Ord. No. 2304, § 7, 12-20-93; Ord. No. 3677, § 4, 10-22-24)

When, by discharge or by the failure of any juror to attend, the jury shall not be complete, the judge shall direct any person authorized to make service of process within the city to summon as many persons as shall be required to complete such jury, instantly, from among the bystanders or other persons in the city, which summons shall be verbal. The persons so summoned shall be bound to serve on such jury and, on a refusal or failure to do so, may be attached and punished for contempt.

(Code 1975, § 5-90; Ord. No. 705, 12-22-75; Ord. No. 2304, § 8, 12-20-93)

Upon the jury's returning its verdict of guilty, the judge shall record the verdict in the docket and shall determine the sentence and shall render judgment in accordance with Rule 232 of the Colorado Municipal Court Rules of Procedure. If the jury returns a verdict of not guilty, the judge shall record the verdict and shall discharge the defendant without costs and shall refund to the defendant the jury fees or witness fees paid by such defendant.

(Code 1975, § 5-91; Ord. No. 705, 12-22-75; Ord. No. 2304, § 9, 12-20-93)

If any person accused of violating any provisions of this Code or the ordinances of the city enters a plea of guilty or of nolo contendere, the judge shall determine the sentence and shall render judgment in accordance with Rule 232 of the Colorado Municipal Court Rules of Procedure.

(Code 1975, § 5-92; Ord. No. 705, 12-22-75; Ord. No. 2304, § 10, 12-20-93)

(a)

The municipal court shall have the power, in all cases of conviction under this Code or an ordinance when a fine is imposed, to order, as a part of the judgment of the court, that the defendant pay the entire amount of the monetary penalties due at the time the sentence is pronounced, at a future date certain by periodic payments, or by other payment arrangements as determined by the court or court's designee(s).

For the purposes of this section, Section 14-62, monetary penalties means and includes any fine, cost, fee, surcharge, restitution or any type of monetary amount imposed or accumulated at the time the court deems payment is due.

(b)

If a defendant is permitted to make payment of the monetary penalties imposed at a future date, a hearing or appearance date shall be scheduled to verify payment by the defendant. If at any time the defendant fails to pay the monetary penalties due, the defendant shall be required to appear for a hearing before the court and may file with the court, prior to or at the hearing, an explanation for why the defendant is unable to pay the monetary penalties imposed. Failure to appear for any hearing, failure to timely file a written request to the court establishing the defendant's inability to pay, or willful failure to pay may result in the issuance of a warrant by the court. In the event a defendant is arrested on such a warrant; the municipal court shall discharge such person from further imprisonment for such monetary penalties when the judge finds or is satisfied that such person is unable to pay such monetary penalties, at which time the judge may fashion any other appropriate remedy. Such findings of an inability to pay shall be in accordance with state law and Colorado Court Rules.

(Code 1975, § 5-93; Ord. No. 705, 12-22-75; Ord. No. 3364, § 1, 12-15-15)

Editor's note— Ord. No. 3364, § 1, adopted December 15, 2015 amended section 14-62. The former section 14-62 pertained to commitment to jail until payment is made.

This article shall be titled and known as the Thornton Alternative Sentencing Program Ordinance.

(Code 1975, § 5B-1; Ord. No. 1284, 12-12-83)

The purpose of this article is to bring together certain needs in the community for the performance of what are essentially public service tasks with that group of people who are about to be sentenced following conviction in the municipal court. The purpose is further to permit the community to gain a benefit, to permit a convicted person to pay such person's debt in a meaningful way and to foster a heightened sense of appreciation for the skills of our citizens and the services provided by our local city government.

(Code 1975, § 5B-2; Ord. No. 1284, 12-12-83)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative sentencing administrator means that person designated by the presiding judge of the municipal court, and whose duties and responsibilities shall include assigning the specific task or piece of work to the convicted person. The duties of the alternative sentencing administrator shall also include making a determination concerning whether the alternative sentencing project has been completed satisfactorily in the case of each individual volunteer. This person shall also oversee the program generally and shall be responsible for keeping any necessary records. The alternative sentencing administrator shall provide to the presiding judge monthly such statistical information as requested by the presiding judge, including:

(1)

The number of people then involved in the alternative sentencing program.

(2)

The number of people who have completed the program within the previous month.

(3)

Information concerning any injuries to a person or damage to property which occurred as a result of activities by a person participating in the alternative sentencing program.

Alternative sentencing program means that program pursuant to which convicted applicants may be allowed to perform a variety of community service tasks in order to satisfy an obligation to the municipal court, which obligation could otherwise consist of a jail term and/or monetary fine. The amount of time required to be spent in service in such program shall be determined by the sentencing judge, who may rely on advice from the alternative sentencing coordinator.

Convicted applicant means any person who, having become a convicted person, then states such person's desire to the court to participate in the alternative sentencing program. Although any person shall have a right to become a convicted applicant, only those persons accepted by the sentencing judge shall be permitted to participate in the program.

Convicted person means any person who has been found guilty of the commission of an offense in the municipal court, whether on a plea of guilty, not guilty or nolo contendere and whether a trial to a judge or jury was held or not. The procedure by which the determination of guilt is reached shall not affect a person's eligibility for participation in the program.

(Code 1975, § 5B-3; Ord. No. 1284, 12-12-83)

Cross reference— Definitions generally, § 1-2.

(a)

The intent of the alternative sentencing program shall consist of two complimentary goals. The first goal is to provide an alternative method for satisfying the requirements of jail sentences and monetary fines imposed following conviction in the municipal court. The second goal is to provide a properly motivated labor pool consisting of various skills and available to serve various identifiable needs of the community at no direct costs to the beneficiaries.

(b)

This program is not intended for everyone. In the case of many of those convicted of so-called minor traffic offenses, the administrative costs of placing a person in the program will not justify allowing participation. From the viewpoint of the convicted applicant, participation in the program may require additional trips to the civic center in order to be screened and placed. The time spent in this administrative coordination shall not be credited against the amount of time required to be served in the program. Also, the subjective factor involving the attitude of the convicted applicant is to be considered in light of what is stated by the city council to be the underlying caution in this program: that no person be injured in any manner and that no property suffer any negligent or intentional damage as a result of an act or omission by a program participant. The accident-free completion of meaningful projects shall serve as an indicator of the need to expand upon or cut back the number of persons permitted to serve in this program.

(Code 1975, § 5B-4; Ord. No. 1284, 12-12-83; Ord. No. 1580, 7-28-86)

(a)

Under this article, prior to the imposition of sentence, a convicted person desiring to do so may become a convicted applicant by stating such desire to the court. The court may then conduct such examination as it wishes, including any written application form the court may require to be completed and submitted by such convicted applicant.

(b)

Upon a determination by the sentencing judge that a convicted applicant may serve in the alternative sentencing program, that person shall be referred to the program administrator for assignment and monitoring. The sentencing judge shall indicate to the program administrator the number of hours of service required of each applicant so accepted. The sentencing judge shall also indicate to the accepted applicant the amount of the fine and/or the number of days required to be served in jail. This fine and/or jail sentence may be suspended pending the receipt by the court of a certification by the program administrator that the applicant has successfully completed the program. Partial participation short of completion shall not satisfy the conditions of suspension of the sentence, and in such case, the otherwise suspended sentence shall, at least in part, be imposed.

(Code 1975, § 5B-5; Ord. No. 1284, 12-12-83; Ord. No. 1580, 7-28-86)

(a)

In determining the eligibility of any convicted applicant for participation in the alternative sentencing program, the sentencing judge may consider the ability of the convicted applicant to satisfy the goals of this program as stated in Section 14-94. If the sentencing judge shall so determine, the convicted applicant may be denied participation in the alternative sentencing program based on the judge's decision that the convicted applicant's abilities and/or level of motivation is not consistent with the stated goals of the program. Upon making such determination, the judge may simply refer to this as a "Section 6 denial" and shall not be required to provide any additional explanation.

(b)

In addition to those factors stated in subsection (a) of this section, the sentencing judge shall also consider:

(1)

The occupation or other skills of the convicted applicant.

(2)

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

(3)

The benefit to be gained, both by the city and by the convicted applicant, from participation in the specific activity under consideration.

(4)

The likelihood or possibility of injury to any person or damage to any property during the course of the activity being considered.

(5)

Those statements made by the convicted applicant in support of the applicant's sincere desire to participate in the program.

(Code 1975, § 5B-6; Ord. No. 1284, 12-12-83)

The city shall initiate and maintain insurance coverage for injuries which might occur to participants in the alternative sentencing program. With respect to any injuries which may occur to third persons, all alternative sentencing program participants are declared to be volunteers and specifically are neither the agents nor employees of the city.

(Code 1975, § 5B-7; Ord. No. 1284, 12-12-83)