[HISTORY: Adopted by the City Council of
the City of Evanston as Ch. 11 of the 1977 Code; amended in its entirety
by Ord. No. 81-42. Subsequent amendments noted where applicable.]
A.
The municipal court of the City is hereby created,
which shall be presided over by a municipal judge appointed by the
mayor with the consent of the City council. The municipal judge has
exclusive jurisdiction over all violations of this Code and other
ordinances of the City, and it shall be his duty to hear and determine
violations of ordinances and to impose fines not more than seven hundred
fifty dollars or imprisonment not more than six months, or both, to
which may be added costs.
B.
Upon conviction of a violation of a provision of this
Code or any other ordinance of the City, the municipal judge shall
assess court costs of ten dollars, which shall be paid by the person
convicted of the violation. All costs collected shall be turned in
to the treasury of the City.
C.
No change of venue shall be granted in any case arising
under this Code or other ordinances of the City.
D.
The municipal judge shall enforce due obedience to
all orders, rules and judgments made by him. The judge has the same
power as the district court in the issuance of any warrant, search
warrant, subpoena or other necessary process and may fine or imprison
for contempt offered to him or to process issued by him in the same
manner and to the same extent as the district court.
|
The municipal judge shall be a conservator of
the peace, and his court shall be open every day except Sundays to
hear and determine all cases cognizable before him. No act shall be
performed by the judge on Sundays, except to receive complaints, issue
process and take bail.
|
E.
The municipal judge shall give a bond to the City
in an amount provided by ordinance of the City. The bond shall be
conditioned on the performance of his duties in accordance with laws
and ordinances of the City, including the duty to turn over to the
parties entitled or as prescribed by ordinance of the City all money
collected by him by virtue of his office.
All fines and penalties collected and arising
from a breach of this Code or other City ordinances shall be deposited
with the City treasurer, and the municipal judge shall report at the
end of each calendar month a list of all cases for violations of this
Code or other City ordinances instituted in his court and the disposition
thereof, with a statement of the fines, penalties and costs received.
At the end of each month the judge shall deposit with the City treasurer
all fines, penalties and costs received. If the municipal judge fails
to report and deposit all fines, penalties and costs for a period
of twenty-five days, his office shall be declared vacant.
The salary of the municipal judge shall not
be less than six hundred dollars per annum, such amount to be set
by the City council, payable monthly, and he shall receive no other
fees or allowances in cases involving violations of this Code or other
ordinances of the City.
Actions for violations of this Code or other
ordinances may be commenced by filing with the municipal judge a complaint
under oath, made by the City attorney, any member of the police department
or any responsible citizen of the City, stating the nature of the
offense. Such complaint may be in the following form:
|
THE STATE OF WYOMING)
COUNTY OF UINTA )
ss.
CITY OF EVANSTON )
|
|
IN THE MUNICIPAL COURT
|
|
The City of Evanston )
-vs- )
Complaint
)
Defendant
|
|
I, . . . . . . . . . . being duly sworn, on
oath do hereby accuse the said . . . . . . . . . . for that he or
she, . . . . . . . . . . the said defendant, . . . . . . . . . . on
the . . . . . . . . . . day of . . . . . . . . . A.D. . . . . . .
in the City of Evanston, County of Uinta and State of Wyoming, did
then and there, (here state the offense in concise language) contrary
to the form of Section . . . . . . of an Ordinance of the City of
Evanston entitled, (here state the caption of the Ordinance) passed
on the . . . . . . day of . . . . . . . . . ., A.D. . . . . . . .,
by the City Council of the City of Evanston, in such case made and
provided, and against the peace and dignity of the people of the City
of Evanston.
|
|
Signed . . . . . . . . . . . .
|
|
Subscribed and sworn to before me this . . .
. . . . . . day of . . . . . . . . . ., A.D. . . . . . ..
|
|
. . . . . . . . . . . . . . . . .
Municipal Judge
|
No action before the municipal judge shall be
dismissed for any defect of form in a complaint, if it substantially
sets forth the nature of the violation alleged so as to give the defendant
notice of the charge which he is required to answer, and such complaint
may include several persons charged with the same offense.
A.
Upon the filing of a complaint, the municipal judge
shall enter the case on his docket in the usual manner as required
by law and shall issue a warrant which may be in the form pursuant
to Form No. 2, Wyoming Rules of Criminal Procedure for Municipal Courts.
B.
When a person is brought before the municipal judge
upon warrant, the judge shall hear and determine the complaint alleged
against the defendant.
Whenever any person has been arrested on view,
or otherwise according to law, without a warrant, the municipal judge
shall enter in his docket the fact of his arrest and by whom made
and shall hear and determine such charge as if a warrant had been
issued.
Any person arrested for any offense under any
provision of this Code or any other ordinance of the City may be admitted
to bail by executing a bond to the City, with good and sufficient
surety, to be approved by the municipal judge, in such reasonable
sum as the municipal judge shall fix and direct, conditioned that
he will appear upon a day therein named before the municipal judge
and answer the accusation for which he has been arrested, and not
depart the court without leave. Such bond shall be approved by the
municipal judge and filed in his office. Such bond may be in a form
pursuant to Form No. 5, Wyoming Rules of Criminal Procedure for Municipal
Courts.
A.
If the principal in the bond required by section 13-8 shall fail to appear according to the condition of the bond, or appearing, shall depart the court without leave, the municipal judge shall note the fact upon the bond and issue a summons, in behalf of the City, against the parties liable thereon. Upon trial of such causes, the same defenses shall be allowed that are allowed under the general laws of the state in like cases before justices of the peace.
B.
If the principal fails to appear or comply with all
the requirements of the bond, the municipal judge shall, if there
are no mitigating circumstances, declare the bond forfeited and order
the cash deposited into the general fund of the treasury of the City.
If it appears to the judge that the accused is triable for an offense
not cognizable before the judge, the judge shall halt further proceedings
and proceed as in other cases exclusively cognizable before the district
court.
A.
There shall be no right to demand a jury trial in
the municipal court unless a jail sentence is to be imposed upon conviction;
but in all other respects, except as otherwise provided, the trial
shall be conducted in like manner as criminal cases are tried before
justices of the peace.
B.
Appeals to the district court shall be allowed in
all cases as now provided by law for appeals from justices of the
peace.
C.
If a person charged with a violation of a provision
of this Code or other City ordinance is held to appear for examination
or trial before the municipal judge, the judge may postpone the trial
of the case to a certain day. The judge may require the defendant
to enter into a recognizance with sufficient sureties conditioned
that he will appear before the judge at the time and place appointed
to answer the complaint alleged against him.
A.
If the defendant is found guilty, the municipal judge
shall declare and assess punishment and render judgment accordingly.
B.
Upon the rendition of judgment against any defendant
for the violation of any provision of this Code or any other ordinance
of the City, the municipal judge shall make an order, and enter the
same on his docket, that if the defendant shall neglect or refuse
to satisfy such judgment and costs of suit, he shall be confined in
the City jail as ordered by the municipal judge.
C.
In any prosecution for violation of any provision
of this Code or any other ordinance, the defendant may produce before
the municipal judge one or more sureties to the satisfaction of the
judge, which sureties shall, with the defendant, confess a judgment
for the amount of the fine or penalty imposed including costs of suit.
The judge shall enter the confession of judgment in the docket and
render judgment accordingly in the name of the state for the amount
of the fine and costs. If the judgment is not paid within ninety days
from the date of the confession, the municipal judge shall issue execution
and collect the amount of the fine or penalty and costs in the manner
provided by law for collecting judgment by execution in justice of
the peace courts.
D.
The municipal judge shall punish for contempt in the
same manner as a justice of the peace.
The municipal judge and chief of police in all
matters pertaining to the duties of their respective offices in judicial
proceedings, and concerning which there are no specific provisions
by this Code or other ordinances of the City, shall be governed by
the laws of the state regulating the practice and proceedings in cases
before justices of the peace and constables, so far as the same may
be applicable. The City may by ordinance provide any additional rules
of procedure found necessary for the proper conduct of municipal courts;
provided, that these rules do not conflict with the general laws of
the state.
At all trials before any municipal judge in
the City, the trial shall be conducted in accordance with the Wyoming
Rules of Criminal Procedure for Justice of the Peace Courts and Municipal
Courts.
[Added 9-7-2004 by Ord. No. 04-10]
A.
It shall be the policy of the Municipal Court that
a party, witness, juror, or qualified spectator, who is deaf or hard
of hearing, shall not be denied an equal opportunity to participate
in, or benefit from, the services, programs, or activities of the
Court because of the participant's disability or because of the need
for interpreting services. Upon receiving 48 hours of advance notice,
the Court shall provide, at City expense, appropriate auxiliary aids
and services when necessary to provide effective communication. In
determining what type of auxiliary aid and service is necessary, the
Court shall give primary consideration to the requests of the individual
with a disability. Auxiliary aids and services shall include, but
not be limited to, qualified interpreters, assistive listening devices
or real-time transcription services.
B.
The policy and procedure set forth above does not
apply when the Court determines that the provision of auxiliary aid
or service would create an undue financial or administrative burden
or a fundamental alteration in the nature of the service, program,
or activity conducted by the Court. If the Court determines that the
provision of a particular auxiliary aid or service would create an
undue financial or administrative burden or result in a fundamental
alteration in the nature of the service, program, or activity conducted
by the Court, the Court shall take any other action that would not
result in such a burden or such an alteration but would, to the fullest
extent possible, enable the individual with a disability to receive
the benefits or services provided by the Court.
C.
The Clerk of Court is hereby designated as the Court's
contact who will know the sources of auxiliary aids and services (qualified
interpreters, assistive listening devices, real-time transcription)
and the procedures for acquiring these. The Clerk of Court will also
serve as a resource for members of the public, as well as other employees,
who have questions regarding the Court's programs and services for
individuals with disabilities.
D.
The City shall post a copy of this policy in conspicuous
locations, including but not limited to the Court Clerk's office,
advising individuals with disabilities of the procedures to make a
request for an auxiliary aid or service, and listing the name, address
and telephone number of the Court's contact person.
E.
Official notices of court dates, including but not
limited to summonses, pretrial and other similar notices, shall provide
notice that if a person with a hearing impairment needs an auxiliary
aid or service, he or she should call the Court's contact person (name
and telephone number provided) through the Wyoming Relay Service.
The contact person shall be proficient in the use of the relay system.
