The Lamar register. [volume] (Lamar, Colo.) 1889-1952, 1913-11-19
PASSED ORDINANCE NO. 1856

An ordinance concerning the manner
of enforcing ordinances; and to repeal
ordinance number 4S. and all other
ordinances in conflict herewith.
Be it ordained by the City Council OF
the City of Lamar. Colorado.
Section l. That before any summons
shall be issued In any action for the
violation of any ordinances of TINS
City, a statement or complaint show
ing the nature of the offence alleged
to have been violated. and signed by
some credible person shall be filed in
the office Of the police judge or a JUS
tice of the peace before whom such act
Ion Is commenced.
Section 2. That no action for the
violation of any ordinance OF this city
shall be dismissed for any defect OF
form in. the statement, complaint af-
fidavit II II 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 statement. complaint or afr
davit MAY include several persons
charged with the same offense.
Section 3. That whenever any per-
son shall have been arrested without
warrant for any violation of the or
FINANCES OF this city it shah be the
duty of the officer making such ar
rest, without unnecessary delay. to take
| the person so arrested, before the prop
err officer and make and file his affi-
davit or complaint against him as to
| such violation as In other cases.
Section L. That IL for any cause
any person under arrest for any viola
ton Of any ordinance of this city can
not be tried at once when brought be-
fore the proper police judge or justice
| of the peace he may be admitted to BAH
upon executing a bond to the people of
| the State of Colorado In such sum. not
| exceeding three hundred dollars. as such
magistrate shall require. conditioned for
his appearance before said magistrate Al
| action shall be continued. and that
he will not depart the court without
| leave. Any such person who cannot
give bail as Aforesaid shall be confin-
| for such trial. But no such action
shall be continued for any longer time
than shall be necessary in order that
justice may not be defeated.
shall have been committed to the city
| jail of this city In accordance with
section 1893 Mifis Statutes OF Colorado.
volume two. he shall be required to
work for the city at such labor as his
or her strength will permit. and as the
City Council of this city or any person
| acting under its authority. shall provide
or direct. not. however. exceeding eight
hours In each working day. for which
labor the person employed shall re-
ceive the allowance provided by law ana
ordinance. II no such labor be pro-
vlded by the city the same allowance
shall be made for each days imprison-
ment.
refuse to labor in accordance with the
last preceding section, or to obey and
comply with the direction OF the mar
shall who Is lawfully charged with the
duty OF overseeing such labor. he
ed ed no, less than five dollars nor
more than ten dollars for each day he
shall thus fail or refuse to labor. or
neglect to comply with such directions.
Section Z. That all fines and penal
| ties collected for a violation OF any Of
the ordinances Of this city shall be
paid over to the city clerk at or be-
Ill on each and every month.
Section s. That any justice of the
peace or police magistrate. before whom
any action for the violation Of any or
and the city marshal and his deputies
and police officers OF the city in all
matters pertaining to their duties ana
their fees shall be governed by the
ties of justices and constables and their
fees. 50 far as the same may be appii-
cable. and where not otherwise provid-
ed by law or ordinances.
Section 3. That in any prosecution I'M
der any ordinance OF this city. when
the defendant shall be acquitted. the
person who makes the complaint or in
stituted such prosecution may in the
discretion of the officer before whom,
the same is tried. be adjudged to pay
the costs II 1t appears to the satisfac-
tion of such officer trying the cause
that the action was instituted vexa-
tiously, maliciously and without prob
able cause.
Section 10. That in the construction
of the ordinances Of this city, the
rules established for the construction
of the laws Of this state shall be OBJ
served as far the same Is appli-
cable.
Section IL. That any person may be
proceeded against by complaint and war.
rant for violation Of any ordinance OF
this city. in that case the practice
and proceedings shall be the same as be-
| fore q Justice OF the peace In this state
In criminal cases SO far as the same
are applicable. and when not otherwise
provided by law or ordinance. The Of
iicer before whom any person may be
| tried for a violation of any ordinance OF
this city may include In his Judgment
in case of conviction. that the defenda Mt
In default of the payment Of fine and
costs be committed to the city Jail un.
til the same are paid, or he Is DIS
charged according to law and section
six of this ordinance.
Section IL. That whenever In any or
dinance the fine or penalty for a breach
thereof is not declared and a person
Is committed Hereunder, such person
may be fined In any sum not less than
one dollar nor more than three hundred
dollars or Imprisonment as provided nv