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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/15/2010 - SECOND READING OF ORDINANCE NO. 066, 2010 AMENDING DATE: June 15, 2010 • DID STAFF: James Szakmeister • - • • r Second Reading of Ordinance No. 066,2010 Amending Section 1-15 of the City Code Relating to General Penalties. EXECUTIVE SUMMARY On January 5,2010,Council amended City Code to add the traffic calming surcharge to citations for bicycle violations. The traffic calming surcharge is to be assessed on what would be considered a violation where one(1)or more points would be assessed to a motorist. The original ordinance could be interpreted to require the surcharge on all bicycle violations. This Ordinance, unanimously adopted on First Reading on June 1, 2010, will ensure the surcharge is applied to any moving violation where at least one point is assessed. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary-June 1, 2010 (w/o attachments) ATTACHMENT 1 DATE: June 1, 2010SUMMARY STAFF: James Szakmeister FORT COLLINSCOUNCIL First Reading of Ordinance No. 066, 2010 Amending Section 1-15 of the City Code Relating to General Penalties. EXECUTIVE SUMMARY On January 5, 2010, Council adopted the=traffic calming surcharge to include,bicycle violations that would be added �r \a i� \ =1 1 l� =r to citations. The traffic calming surcharge is to be assessed to what wb uVe considered a violation where one (1) or more points would be assessed to a motorist. ihe origin al ordinance could be interpreted to require the surcharge on all bicycle violations. This is an effort ttoo ensure heessu�cha�*ge is applied to any moving violation where at least one point is assessed. r BACKGROUND / DISCUSSION In 2006,through the initial Budgeting For Outcomes process,City Council approved a traffic calming surcharge of$35 for motorists ticketed for a traffic charge where one (1) or more points were assessed. These monies are used for neighborhood traffic calming through education, marketing of traffic safety, and more specifically, the hiring of additional officers to work in the Traffic Unit of Police Services. As bicycles have been touted to be a legitimate mode of transportation in the City, more bicyclists are using city streets as they commute throughout various locations in the city. cif � � Recent traffic statistics obtained from`Traffic Engineering"indicate thaa;t��b icyclists are committing traffic violations that are contributing factors for the accidents in whic bey are involved. Forlexample, with regard to bicycle accidents involving broadside or right angle collisions 2"11 incidents s were documented as contributing factors involving bicyclists. Because of this data and increased roadway usage, a proposed ordinance was submitted to City Council in late 2009 to include the traffic calming surcharge to include bicycle violations. The traffic calming surcharge would be assessed on any traffic violation that would be considered a moving violation where at least one (1) point would normally be assessed to a motorist. The main purpose of this ordinance amendment is to be fair and impartial in the imposition of the traffic calming surcharge to traffic violators regardless of whether they are driving a motor vehicle or riding a bicycle. Ordinance No. 136,2009, adopted on January 5,20'and- 100 could be construed to include all bicycle violations. Since that was not the intent of the original proposed ordinance and to protect the,integrity of what was told to constituents, it is /r � � ro la �.♦ recommended that this ordinance be adop�ith the stated c�ge in wing. By doing so,the original intent would be clarified. FINANCIAL IMPACT There is no financial impact to the City. Revenue generated is anticipated to be approximately$7,000 per year and would be included in the Traffic Calming Surcharge fund. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The social impact in approving this ordinance is relevant due two the fact that this type of amendment indicates,the City's willingness to be fair and impartial(s'a above). Thus credibility and integrity towards its citizens remains intact. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ORDNANCE NO. 066, 2010 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, under Section 1=15(g) of the City Code, a traffic calming surcharge of$35 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, this surcharge was made applicable to violations by bicyclists when the City Council amended this section of the City Code on January 5, 2010, by adoption of Ordinance No. 136, 2010; and WHEREAS, the intent of the amended language was to apply the surcharge only to those violations by bicyclists and operators of motor vehicles ("motorists") that would result in the assessment of one or more points against the driving record of the operator of the vehicle, or, in the case of a bicyclist would have resulted in the assessment of one of more points were the bicycle a motor vehicle, and WHEREAS,the language added by the amendment may be construed to apply the surcharge to any and all violations of the Traffic Code by bicyclists and motorists; and WHEREAS, the City Council wishes to further amend the language of Section 1-15(g) in order to clarify the circumstances when the surcharge should be applied to violations committed by bicyclist and motorists; and WHEREAS, toward this end, City staff has recommended that the language of Section 1- 15(g) be revised so that the surcharge clearly applies only to motorists who are subject to an assessment of one point or more, and to bicyclists who would be subject to the same if they were driving a motor vehicle; and WHEREAS, the City Council believes that the recommended amendment is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 1-1 5(g) of the City Code is hereby amended to read as follows: See. 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 person who: (1) after a trial or hearing before the Court, a hearing officer, a referee or a jury, is found guilty of operating a motor vehicle in violation of any provision of the Fort Collins Traffic Code violation involving the operation of a vehicle as defined in Fort Collins Traffic.Code Section 2002(42) for which the Department of Revenue has assigned a penalty of one (1)or more points, or of operating a bicycle or electric assisted bicycle in violation of any such provision, as the same has been made applicable to the operators of bicycles and electric assisted bicycles through Section 1412(1) of said Code; (2) pleads guilty or no contest to, or enters an Alford plea to, any such violation pursuant to any plea agreement; or (3) accepts an early payment discount in a case where the citation was issued for such a violation. Said surcharge shall be assessed at the time of disposition by 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. 1 Introduced,considered favorably on first reading,and ordered published this 1 st day of June, A.D. 2010, and to be presented for final passage on the 15th day ne, A.D. 2010. Mayor i TEST: laAa '' l City Clerk Passed and adopted on final reading on the 15th day of June, A.D. 2010. Mayor ATTEST: City Clerk