§ 9.8. Commencement of Actions — Penalties — Juries — Witnesses — Appeal

All actions brought to recover any fine or to enforce any penalty under any ordinance or code of the Town of Berthoud, shall be brought in the name of the people of the State of Colorado as plaintiff. No prosecution, recovery, or acquittal for the violation of any such ordinance or code shall constitute a defense to any other prosecution of the same party for any other violation of any such ordinance or code, although the different causes of action existed at the same time, and if united, would have exceeded the jurisdiction of the Court or magistrate. No person shall be incompetent as judge, juror or witness in any action to which the town shall be a party, on account of his being a resident citizen or property owner within the Town of Berthoud. Appeals shall be allowed from a judgment of the police magistrate to the County Court, in cases arising under the ordinances and codes of the Town of Berthoud.

State Law reference— Similar provisions, C.R.S. 1963, 139-86-1, as amended

9.8-1   Process — Penalty

In all actions for the violation of any ordinance or code of the Town of Berthoud, the first process shall be a summons; provided, that a warrant for the arrest of the offender may issue at the first instance upon the affidavit of any person that an ordinance or code has been violated, and that the person making the complaint has reasonable grounds to believe the party charged is guilty thereof.

Any person arrested upon such warrant shall be taken before the proper officer to be tried for the alleged offense without unnecessary delay. Any person upon whom any fine or penalty shall be imposed, upon the order of the Court or magistrate before whom the conviction is had, may be committed to the County Jail, or other place provided by the Town for the incarceration of offenders, until such fine, penalty, and cost shall be fully paid. No such imprisonment shall exceed 90 days for any one offense.