CHAPTER 5: SUBSTANTIVE CRIMINAL LAW AND PROCEDURE - Table of Contents
5.1 - Sources of Criminal Law and Procedure • 5.2 - Criminal Law - Title 18 • 5.3 - Criminal Procedure - Statutes and Rules • 5.4 - Juvenile Proceedings • 5.5 - Traffic Offenses - Title 42 • 5.6 - Municipal Ordinance Violations • 5.7 - Penalties • 5.8 - Federal Criminal Law • 5.9 - Defenses in Criminal Cases
5.6 MUNICIPAL ORDINANCE VIOLATIONS
State law governs most criminal behavior, but cities have a limited right to pass municipal ordinances outlawing certain behavior and to punish violations of those ordinances. Some municipalities have extensive municipal codes that cover some of the same behavior that is covered by state law; other municipalities pass ordinances only to fill in the gaps in state law or to address certain specific municipal concerns. For example, the city of Boulder has certain ordinances regulating behavior on the Pearl Street Mall. Generally, violations of municipal ordinances cannot be punished by more than one year in jail and/or a fine of not more than $1,000. A municipality can provide for lower maximum sentences for any or al municipal ordinance violations if it chooses.
Municipal ordinance violations are prosecuted by city attorneys who may be full-time employees of the city attorney's office or part-time attorneys who have contracted to prosecute municipal ordinance violations. Municipal ordinance violations are presided over by municipal court judges, who may be either full or part-time and who are generally appointed by the city council for the particular municipality. Procedures in municipal courts are governed by the Colorado Municipal Court Rules (C.M.C.R), which are generally simplified versions of the Colorado Rules of Criminal Procedure.
Municipal ordinances are collected in municipal codes. Municipal codes are available at city hall or from the city attorney's offices, and many municipal codes are now available on the web. Many municipal codes are now available online through the Colorado Code Publishing Company, http://colocode.com/codebooks.html. The Boulder Municipal Code can be accessed at this site. Some other municipal code web addresses are listed in Chapter 16.3
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