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Resolution

RESOLUTION OF MUNICIPAL ORDINANCE NON-CRIMINAL INFRACTIONS

WHEREAS, violations of the ordinances of home-rule municipalities are criminal and punishable as such where a violation of a counterpart state statute is criminal in nature, as provided by Article XX, Section 6 of the Colorado Constitution; and,

WHEREAS, the City Council for the City and County of Denver has legislated certain matters for which there is no counterpart state criminal statute, but rather any counterparts that do exist are civil infraction in nature with special procedures recognizing the unique nature of such matters; and,

WHEREAS, the General Assembly has recognized the authority of municipalities to create a similar system of civil infractions regarding violations of municipal ordinances where there are no counter part criminal statutes; and,

WHEREAS, the Colorado Supreme Court, pursuant to its general rule-making authority and a special statutory mandate, has promulgated rules governing the practice and procedure for the adjudication of these civil infractions which only apply to the violation of statutory infractions, but not to municipal ordinance civil infractions; and,

WHEREAS, it is appropriate to have rules of practice and procedure governing the adjudication of such municipal civil infractions which recognize the unique nature of such violations and which conform as nearly a possible to the rules promulgated by the Colorado Supreme Court for adjudication of state infraction matters, differing only so as to recognize the distinction between municipal and state jurisdictions.

NOW THEREFORE the Judges of the Denver County Court sitting En Banc, hereby adopt and promulgate the following rules for the adjudication of charged violations of municipal ordinances which are non-criminal civil infractions, subject to the approval of the Colorado Supreme Court pursuant to Rule 257, C.M.C.R.