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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/07/2014 - FIRST READING OF ORDINANCE NO. 003, 2014, AMENDING- 1 - ORDINANCE NO. 003, 2014 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, Article XX, Section 6(h) of the Colorado Constitution grants to home rule municipalities all powers necessary, requisite, or proper for the government and administration of their local and municipal matters, including the power to legislate upon, provide, regulate, conduct and control the imposition, enforcement and collection of fines and penalties for the violation of any provision of its charter, or of any ordinance adopted in pursuance of its charter; and WHEREAS, the Colorado Supreme Court has held that establishing and imposing fines and other penalties for ordinance violations is a proper exercise of home rule authority under Article XX, Sec. 6, Colorado Constitution; and WHEREAS, pursuant to Article VII, Section 1 of the City Charter, and Chapter 19, Article 1 of the City Code, the City has established a Municipal Court of record to hear and try all alleged violations of the ordinances of the City; and WHEREAS, under Article VII, Section 2 of the City Charter, the maximum penalty for violating the ordinances of the City is to be set by the City Council by ordinance; and WHEREAS, Section 1-15 of the City Code states that fines and/or imprisonment for violations of municipal ordinances must be established within the limits set by state law; and WHEREAS, the maximum monetary penalty that the Municipal Court may currently impose under state law and under Section 1-15 is $1,000; and WHEREAS, this $1,000 penalty has not changed since Ordinance 004, 1990 became effective on February 16, 1990; and WHEREAS, by adoption of House Bill 13-1060, the State of Colorado has amended Section 13-10-113, C.R.S., to increase the maximum fine amount which a municipal court may impose for violation of a municipal ordinance from $1,000 to $2,650, and WHEREAS, the Municipal Court Judge and City Attorney recommend that the City increase its maximum fines accordingly to ensure that the City’s fines are consistent with those of other municipalities in the state; and WHEREAS, during the 2013 legislative session, the General Assembly further amended Section 13-10-113, C.R.S., to state that the limitation on municipal court fines is to be adjusted for inflation on January 1 of each calendar year; and - 2 - WHEREAS, “inflation” is defined in the statute to mean the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for Denver-Boulder, all items, all urban consumers, or its successor index; and WHEREAS, the City Council wishes to increase the maximum monetary penalty which the Municipal Court may impose to conform to state law; and WHEREAS, the City Council believes that these fines should be adjusted for inflation on January 1 of each year NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 1-15(a) 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. (a) Except as to traffic infractions described in Subsection (b) below and any other civil in-fraction specified as such in this Code, any person who shall violate any provision of this Code, the Charter or any provision of any code or other regulation adopted by reference by this Code, by doing any act prohibited or declared to be unlawful thereby, or who shall engage in any business, occupation or activity for which a license or permit is required without having a valid license or permit therefor, or who shall fail to do any act required by any such provision, or who shall fail to do any act when such provision declares such failure to be unlawful or to be an offense or misdemeanor, shall be guilty of a misdemeanor and, upon conviction, shall be punished by the penalty specifically provided for such violation or, if none, then by a fine not exceeding one two thousand six hundred fifty dollars ($1,0002,650.) or by imprisonment not exceeding one hundred eighty (180) days, or by both such fine and imprisonment, in addition to any costs which may be assessed. No person under the age of eighteen (18) years as of the date of the offense shall be subject to imprisonment except in the case of failure to comply with a lawful order of the court, including an order to pay a fine, and then only in the manner provided in Section 13-10-113, C.R.S., and the Colorado Children's Code, Section 19-1-101 et seq., C.R.S. Each day upon which a violation continues shall constitute a separate misdemeanor offense unless some other specific time period is provided for any particular offense. The maximum fine set forth above shall be adjusted for inflation on January 1 of each calendar year. For the purpose of this provision, inflation shall mean the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index. (b) A violation of any provision of Chapter 28, Vehicles and Traffic, in this Code or the Fort Collins Traffic Code, shall be deemed to be a traffic infraction if, at the time of the commission of the violation, its counterpart violation under the provisions of Article 4 in Title 42 of the Colorado Revised Statutes, if any, is designated by state law as being a traffic infraction. If no counterpart violation exists under state law, the violation shall be deemed to be a traffic infraction. All other violations under Chapter 28 of this Code or - 3 - the Fort Collins Traffic Code shall be considered misdemeanors punishable as described in Subsection (a) of this Section. Any person against whom judgment is entered for a traffic infraction under this Code shall be subject to the penalty of a fine and any surcharge, the total of which is not to exceed onetwo thousand six hundred fifty dollars ($1,0002,650.), and shall not be subject to imprisonment on account of such judgment. The maximum fine set forth above shall be adjusted for inflation on January 1 of each calendar year. For the purpose of this provision, inflation shall mean the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index. . . . (f) Except as provided in Paragraph (4) below, any person found responsible for a violation of this Code designated as a civil infraction shall pay a civil penalty for such infraction of not more than one two thousand six hundred fifty dollars ($1,0002,650.). Said amount shall be adjusted for inflation on January 1 of each calendar year. For the purpose of this provision, inflation shall mean the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index, plus costs, damages and expenses as follows: . . . Introduced, considered favorably on first reading, and ordered published this 7th day of January, A.D. 2014, and to be presented for final passage on the 21st day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Steve Roy, City Attorney Kathleen Lane, Municipal Judge SUBJECT First Reading of Ordinance No. 003, 2014, Amending Section 1-15 of the City Code Relating to General Penalties. EXECUTIVE SUMMARY The purpose of this item is to adjust the maximum fines Municipal Court may impose so they are consistent with state law. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The General Assembly amended Section 13-10-113, C.R.S., authorizing municipal courts of record to impose a fine of up to $2,650 or imprisonment of up to one year, or both, upon persons convicted of a municipal ordinance or code offense, with the court fines to be adjusted for inflation on January 1, 2014, and on January 1 of each year thereafter. FINANCIAL / ECONOMIC IMPACT This increase, allowed by state law, will afford the municipal court judges more discretion in the tailoring of penalties for more serious offenses. This Ordinance increases the maximum fine amount that may be charged by a municipality. It is unknown whether it will increase revenues for the city.