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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/15/2009 - FIRST READING OF ORDINANCE NO. 136, 2009, AMENDING DATE: December 15, 2009 AGENDA ITEM SUMMARYSTAFF: Jim Szakmeister FORT COLLINSCOUNCIL First Reading of Ordinance No. 136,2009,Amending Section 1-15(g)of the City Code Relating to General Penalties. EXECUTIVE SUMMARY Currently, drivers of motor vehicles who can be assessed at least one(1) point on a moving violation are required to pay an additional$35 traffic calming surcharge upon conviction. The City has experienced a proliferation of bicycles and other nonmotorized users of the City's roadways. It is recommended that bicyclists and other nonmotor vehicle operators who receive citations for what would be considered moving violations if committed by an operator df a motor vehicle also be required to pay the traffic calming surcharge. Examples of violations where this surcharge would be applicable are, but not limited to, driving on the wrong side of the road,failure to yield the right-of-way, driving at night with no lighting, failure to stop for a red light, etc. BACKGROUND/ DISCUSSION The main purpose of this City Code amendment is to be fair in the imposition of the traffic calming surcharge to traffic violators,regardless of their mode of transportation. Recent traffic statistics obtained from Traffic Engineering indicate that bicyclists commit traffic violations that contribute to traffic accidents. For instance, 211 car/bike accidents (specifically broadside or right angle collisions)included bicyclist violations of traffic laws as a contributing factor in the accident. The traffic surcharge was enacted in 2006 as a way for motorists responsible for moving violations to share in the costs of enforcing the Traffic Code. The surcharge provides for traffic calming devices in neighborhoods and provides funding to add police officers to the Traffic Unit of Police Services. Since its adoption, two Traffic Unit officers have been completely funded by the traffic calming surcharge. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. ORDINANCE NO, 136, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 1 - 15 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO GENERAL PENALTIES WHEREAS , the City Code currently provides for a traffic calming surcharge of $ 35 to be assessed against drivers of motor vehicles who are cited for a violation of the Fort Collins Traffic Code (the "Traffic Code") that carries one or more points ; and WHEREAS , violations of the Traffic Code committed by bicycle riders are not presently subject to the traffic calming surcharge; and WHEREAS , the City is a bike-friendly community in which a large number of bicyclists share the use of the City' s sidewalks, paths and roadways with pedestrians, other bicycle riders and motor vehicles; and WHEREAS , due to the increasing number of bicyclists on the City' s roadways, Fort Collins Police Services has experienced an increase in the number of bicycle-involved accidents and bicycle-involved moving violations, resulting in an increased use of the Traffic Enforcement Unit ' s resources ; and WHEREAS , the traffic calming surcharge is assessed to fund traffic calming measures and programs developed and implemented by Transportation Services and Police Services to promote and enhance traffic safety; and WHEREAS , the City Council believes it is reasonable and appropriate that persons contributing to the City ' s traffic problems should also contribute monetarily to the solution through the imposition of a surcharge on all moving violations committed by vehicles ; and WHEREAS , the City Council finds and determines that the application of the traffic calming surcharge to bicyclists is consistent with the City' s powers as a home-rule municipal corporation and that the exercise of said powers in the manner set forth herein is in furtherance of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section I - 15(g) of the City Code is hereby amended to read as follows : Sec. 1 - 15. General penalty and surcharges for misdemeanor offenses, traffic offenses and traffic and civil infractions. (g) Assessment of traffic calming surcharge. A surcharge of thirty-five dollars ($ 35 .) shall be assessed by the Municipal Court as set forth in this Section and shall be in addition to court fines, costs, other surcharges and fees . Said surcharge shall be assessed against any defendant who, after a trial to the Court, referee or jury, is found guilty of any Fort Collins Traffic Code violation to which the State Department of Reverme has assigned one ( f ) or more points involving the operation of a vehicle as defined in Fort Collins Traffic Code Section 2002(42) or who pleads guilty or no contest to, or who enters an Alford plea to any such violation pursuant to any plea agreement. If an early payment discount or other plea bargain is accepted, the surcharge will be assessed if the original charge on the stnnmons or penafty asscssmcnt carrics otic ( t ) or more points . Said surchargc shall be assesscd at the time of dispOasiltil' Onby the Municipal Court and shall be dedicated by the Finance Department and exclusively spent for traffic-calming expenditures, including but not limited to training, education, signage, facilities, public education and additional traffic enforcement police officers and equipment. Introduced, considered favorably on first reading, and ordered published this 15th day of December, A.D . 2009, and to be presented for final passage on the 5th day of January, A . D . 2010, Mayor ATTEST : City Clerk Passed and adopted on final reading on the 5th day of January, A . D . 2010 . Mayor ATTEST : City Clerk