HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/05/2002 - FIRST READING OF ORDINANCE NO. 018, 2002, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 22
DATE: February 5, 2002
FORT COLLINS CITY COUNCIL FROM:
Kathleen M. Lane
SUBJECT:
First Reading of Ordinance No. 018, 2002, Amending Sections 19-49 and 19-50 of the City
Code Pertaining to Rules for Traffic Infractions.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
Municipal Judge Lane recommends amending Sections 19-49 and 19-50 to clarify that tickets
may be paid early, that initial advisements may be given in writing and that the state Motor
Vehicle Division may cancel or deny a driver's license for non-payment of a traffic infraction
judgment.
BACKGROUND:
Most traffic violations filed in Municipal Court are considered traffic infractions that are civil in
nature. Article IV of Chapter 19 of the City Code was adopted in December 1990 to specify the
procedures to be followed in handling such cases. In order to improve customer service and
accurately reflect state law, three minor changes are recommended to that Article at this time:
1. Amend Section 19-49(a) to clarify that if a defendant chooses to pay a ticket, the Clerk will
accept payment as soon as a copy of the ticket is available. From the ticket, the necessary
information can be entered into the computer to allow the processing of a receipt.
2. Amend Section 19-50(c) to clarify that initial advisements can be offered in writing. The
Court has found that written advisements allow defendants who are not represented by
attorneys to review the charges against them, their rights and their options at their own pace
and make the best choice on how to proceed with their case. The Court has received many
compliments on the process from defendants and it also works well for Court staff. The
written advisement form gives the defendant the option of asking questions of the Judge, so
an in-person, oral advisement is always available. This process complies with the
provisions of Rule 210 of the Colorado Municipal Court Rules of Procedure relating to
arraignment.
DATE: a ruary 5, 2002 2 ITEM NUMBER: 22
3. Amend Section 19-50(c) to more accurately reflect the consequence of failing to appear or
satisfy a judgment. According to state law, such failure now results in the cancellation of a
driver's license or denial of an application for a driver's license. This is a more serious
penalty than the hold previously placed on a license for such failure.
ORDINANCE NO. 018, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 19-49 AND 19-50 OF THE CITY CODE
PERTAINING TO RULES FOR TRAFFIC INFRACTIONS
WHEREAS, Article IV of Chapter 19 of the City Code sets out the rules and procedures
followed for traffic infractions filed into the Fort Collins Municipal Court; and
WHEREAS, the revision of certain procedures would provide improved customer service
while still complying with legal requirements; and
WHEREAS,state law has been revised with regard to the impact of non-payment of a traffic
infraction on the defendant's driving privileges.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 19-49(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-49. Payment before appearance.
(a) The court clerk shall accept payment of a penalty assessment notice by a
defendant without an appearance before the court if payment is made within the
period following the datrofissuance of the charging
document and ending at the time scheduled for the first hearing, provisted"chat the
court clerk has a copy of thecharging document.
Section 2. That Section 19-50(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-50. First hearing.
(c) If the defendant appears in person, the court shall advise the defendant in
w3tg in open court of the following:
(3) The consequences of the failure to appear at any subsequent hearing,
including entry of judgment against the defendant and reporting the
judgment to the state Motor Vehicle Division which may assess
points against the driving privilege and may cancel-a' � te
deny an application for a driver's license;
Introduced and considered favorably on first reading and ordered published this 5th day of
February,A.D. 2002, and to be presented for final passage on the 19th day of February,A.D. 2002.
Mayor Pro Tem
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of February, A.D. 2002.
Mayor
ATTEST:
City Clerk