Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2003 - FIRST READING OF ORDINANCE NO. 113, 2003, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 21 FORT COLLINS CITY COUNCIL DATE: August 19, 2003 FROM: Gary Perman SUBJECT : First Reading of Ordinance No. 113, 2003, Amending Chapter 1 of the City Code Relating to General Provisions and Repealing Identical Sections Contained Elsewhere in the Code. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: Under State law, the principles of complicity and corporate liability apply to all criminal offenses. The City Code applies these principles only to the offenses contained in Chapter 17 and Section 12- 99(e),relating to the sale and use of tobacco products. There are other offenses under the City Code, 10 for example, sales tax and licensing violations, environmental regulation violations, fire code and noise violations, which cannot presently be prosecuted under the principles of complicity or corporate liability. City staff recommends that the complicity and corporate liability principles be applied to all violations of the City Code to be consistent with state law and to ensure effective enforcement of all code provisions. If the Code is amended to make the complicity and corporate liability provisions applicable to all offenses under the Code, the provisions currently contained in Sections 17-4, 17-5, 17-6, and 12- 99(e) will be redundant and should be repealed. a ORDINANCE NO . 113 , 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 1 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO GENERAL PROVISIONS AND REPEALING IDENTICAL SECTIONS CONTAINED ELSEWHERE IN THE CODE WHEREAS , state and common law principles of complicity and corporate liability apply to all criminal offenses ; and WHEREAS , the current provisions of the City Code apply these principles only to the offenses contained in Chapter 17 and Section 12-99(e) ; and WHEREAS , there are other offenses under the City Code such as sales tax and licensing violations, environmental regulation violations, fire code and noise violations, which cannot presently be prosecuted under the principles of complicity or corporate liability; and WHEREAS , there is a need to apply complicity and corporate liability principles to all violations of the City Code to be consistent with state law and to ensure effective enforcement of all Code provisions ; and WHEREAS , once the complicity and corporate liability provisions are made applicable to all offenses under the Code, the provisions currently contained in Sections 17-4, 17-5 , 17-6, and 12- 99(e) would be redundant and should be repealed. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That Chapter 1 of the Code of the City of Fort Collins is hereby amended so as to add new Sections, to be numbered as shown below, and to renumber the existing Section 1 - 19 as Section 1 -22 : Sec. 1 -19. Accountability; behavior of another ; complicity. (a) A person is guilty of an offense described in this Code committed by the behavior of another individual if. ( 1 ) Such person is made accountable for the conduct of that other individual by the Section in this Chapter which defines the violation or by any other specific provision of this Code or other ordinance of the City; or (2) Such person acts with the culpable mental state sufficient for the commission of the offense in question and causes an innocent individual to engage in such behavior. For the purpose of this subsection, innocent individual shall mean any individual ' s behavior, because of duress, legal incapacity or exemption, or because such individual was unaware of the illegal nature of the conduct in question or of the defendant ' s criminal purpose, or because of any other factor which precludes the mental state required for the commission of the offense in question. (b) A person is legally accountable as principal for the behavior of another constituting an offense described in this Code if, with intent to promote or facilitate the commission of the offense, such person aids, abets, or advises or encourages the other individual in planning or committing the offense . (c) It shall be an affirmative defense under Subsection (b) of this Section, if prior to the commission of the offense, the defendant terminated his or her efforts to promote or facilitate its commission and either gave timely warning to law enforcement authorities or gave timely warning to the intended victim. (d) In any prosecution for an offense in which criminal culpability or civil liability is based upon the behavior of another, it is no defense that the other person has not been prosecuted for, or convicted of any offense based upon the behavior in question or has been convicted of a different offense, or the defendant belongs to a class of persons who by definition of the offense is legally incapable of committing the offense in an individual capacity. Sec. 1 -20. Liability of corporation. (a) A corporation is guilty of, or liable for, an offense described in this Code i£ ( 1 ) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or (2) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of his or her employment or on behalf of the corporation. (b) As used in this Section, agent means any director, officer or employee of a corporation, or any other person who is authorized to act on behalf of the corporation, and high managerial agent means an officer of a corporation or any other agent in a position of comparable authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees . Sec. 1 -21 . Liability of an individual for corporate conduct. A person is guilty of, or liable for, conduct constituting an offense described in this Code which he or she performs or causes to occur in the name of or in behalf of a corporation to the same extent as if that conduct were performed or caused by him or her in his or her own name or on his or her own behalf. Section 2 . That Sections 17 -4, 17-5 , and 17-6 of the Code of the City of Fort Collins are hereby repealed in their entirety. behavior,See. 17-4. Accountability , behavior of another , complicity. behavior of another individval if ( f ) Such de accountable for the conduct of that other individual by the section in tiIis ehapter which defines the violatiun or by any Other (2) Such person acts with the ettipable mental state sufficient for the commission of the offense in question and CaUSCS all innocent indivi to ctigage in such behavior. for the purpose of this Sttbsection, innocent individual shall inean any individual who is not guilty of the offen3k.. Ill )nj despite such individual's beemse of duress , Sec. 17-5. Ci infinal liability of corporations; (a) A corporation is guifty of an off-ensc if ( f ) The conduct constituting the off-ense consists of an oinission to disch-a� ific dttty of affirmative performance imposed on corporations byiaw; Or authorized,(2) The conduct constituting the off-ense is engaged in, , requested, commanded, or knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of his or tier employment or on behalf of the corporation. (b) As used in this Section, qgent nicans any director, officer or empfoyM of or any other person who is anthorized to act on behalf of tfiv� corporation, and high inunagerial agent means an officer of a corporation or an other agent of comparable authority with respect to the fortmiation o corporate policy or the it! a 111atiagerial capacity of snbordinate entployces . Sec. f7-6. erinfinal fiability of nit individual for corporate conduct-. A person is criminally liable for conduct constituting an off-ense which he or she performs or causes to occur in the name of or in behalf of a corporation to the same extent as if that conduct were performed or caused by him or her in his or her owt name or on his or her own behalf Section 3 . That Section 12-99(e) of the Code of the City of Fort Collins is hereby repealed in its entirety. - - - 6 of this eode shall be appli to all violations under this Article . Introduced, considered favorably, and ordered published this 19th day of August A . D . 2003 , and to be presented for final passage on the 2nd day of September, 2003 . Mayor ATTEST : City Clerk Passed and adopted on final reading this 2nd day of September, A.D . 2003 . Mayor ATTEST : City Clerk