HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/15/2014 - ITEMS RELATING TO MUNICIPAL COURT FINES AND PENALTAgenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY April 15, 2014
City Council
STAFF
Kathleen Lane, Municipal Judge
SUBJECT
Items Relating to Municipal Court Fines and Penalties.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 055, 2014, Amending Section 19-4 of the City Code Regarding the
Failure to Pay Fine or Penalty.
B. Second Reading of Ordinance No. 056, 2014, Amending Section 19-62 of the City Code Pertaining to the
Handling of Civil Infractions and Misdemeanor Offenses.
Ordinance No. 055, 2014, amends the City Code to remove the specific dollar amount of credit a prisoner
receives for jail served on failure to pay cases and, instead, specifies that said amount will be listed in the
Schedule of Fines established by the Municipal Judge. This allows the Municipal Judge to periodically adjust
that amount as appropriate.
Ordinance No. 056, 2014, amends the City Code to indicate that if an incident gives rise to charges which
would normally be filed as a civil infraction and a misdemeanor, the charges are to be handled together as a
misdemeanor case. This avoids the time and confusion of having two separate tickets filed with the Court, with
separate procedures and costs relating to each. These Ordinances were unanimously adopted on First
Reading on April 1, 2014.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary, April 1, 2014 (PDF)
2. Ordinance No. 055, 2014 (PDF)
3. Ordinance No. 056, 2014 (PDF)
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY April 1, 2014
City Council
STAFF
Kathleen Lane, Municipal Judge
SUBJECT
Items Relating to the Fort Collins Municipal Court.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 055, 2014, Amending Section 19-4 of the City Code Regarding the Failure
to Pay Fine or Penalty.
B. First Reading of Ordinance No. 056, 2014, Amending Section 19-62 of the City Code Pertaining to the
Handling of Civil Infractions and Misdemeanor Offenses.
The purpose of this item is to codify certain changes in the judicial process to improve fairness and efficiency.
Ordinance No. 055, 2014, amends the City Code to remove the specific dollar amount of credit a prisoner
receives for jail served on failure to pay cases and, instead, specifies that said amount will be listed in the
Schedule of Fines established by the Municipal Judge. This allows the Municipal Judge to periodically adjust
that amount as appropriate. Ordinance No. 056, 2014, amends the City Code to indicate that if an incident
gives rise to charges which would normally be filed as a civil infraction and a misdemeanor, the charges are to
be handled together as a misdemeanor case. This avoids the time and confusion of having two separate
tickets filed with the Court, with separate procedures and costs relating to each.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
A. First Reading of Ordinance No. 055, 2014, Amending Section 19-4 of the City Code Regarding the
Failure to Pay Fine or Penalty.
This item amends the City Code to remove the specific dollar amount of credit a prisoner receives for jail
served on failure to pay cases. This amount had been listed in the Code as $6.00 per day and had not been
adjusted for years. Out of fairness, the Judge has been giving defendants credit for more than that amount;
$50 credit for each day of jail served has been given for the last several years. In order to provide flexibility in
adjusting this credited amount as appropriate, the proposed ordinance removes the dollar amount and,
instead, specifies that said amount will be listed in the Schedule of Fines established by the Municipal Judge.
B. First Reading of Ordinance No. 056, 2014, Amending Section 19-62 of the City Code Pertaining to
the Handling of Civil Infractions and Misdemeanor Offenses.
This item amends the City Code to indicate that if an incident gives rise to two (or more) charges which would
normally be filed separately as a civil infraction and a misdemeanor, the charges are to be handled together as
a misdemeanor case. This changes the current practice of enforcement officers having to issue two separate
tickets in cases such as those involving an Animal at Large charge, as well as a Dangerous Animal charge. In
those cases, defendants are currently faced with the potential of paying two sets of costs and having separate
Agenda Item 16
Item # 16 Page 2
hearings if they choose. The current practice has also increased the time spent by the Court to administer and
hear these cases. This change will streamline the process for all involved and avoid the confusion which often
arises from having two separate tickets relating to the same incident. The proposed change is consistent with
how traffic cases are handled under City Code Section 19-45.
FINANCIAL / ECONOMIC IMPACT
There is no financial impact from the first item. As to the second item, there is a minimal impact since there are
very few cases that will be affected. For those few cases, enforcement officers will only have to issue one
ticket instead of two, defendants who plead or are found guilty will pay costs on one case instead of two, and
the Court will have one trial on contested cases instead of potentially a referee hearing as well as a trial
relating to the same incident.
ATTACHMENTS
1. Powerpoint presentation (PDF)
- 1 -
ORDINANCE NO. 055, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 19-4 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING THE FAILURE TO PAY FINE OR PENALTY
WHEREAS, under Section 19-4(a) of the City Code, any person against whom a fine or
penalty is assessed by the Municipal Court for a violation of a misdemeanor offense who refuses
or neglects to pay the fine or penalty or who violates any condition placed thereon by the
Municipal Judge may be imprisoned for such refusal, neglect or violation; and
WHEREAS, Section 19-4(b) of the City Code currently sets the rate at which such person
would be credited for time served, which rate is currently six dollars per day served; and
WHEREAS, such rate has not been adjusted over the years to take into consideration the
increased amount of fines and penalties imposed for misdemeanor violations; and
WHEREAS, entrusting the Municipal Judge to periodically determine the rate based on
the fine amounts for various offenses provides the discretion to efficiently and fairly establish the
rate and provides for publication of the rate through the Municipal Court schedule of fines.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 19-4 of the Code of the City of Fort Collins is hereby amended to
read as follows:
Sec. 19-4. Failure to pay fine or penalty.
(a) Any person against whom a fine or penalty is assessed by the Municipal Court for
a violation of a misdemeanor offense who refuses or neglects to pay the fine or penalty or
who violates any condition placed thereon by the Municipal Judge may be imprisoned for
such refusal, neglect or violation.
(b) A person imprisoned for refusing or neglecting to pay such fine or penalty shall
be credited at a rate established by the Municipal Judge in the Municipal Court Schedule
of Fines.
- 2 -
Introduced, considered favorably on first reading, and ordered published this 1st day of
April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
- 1 -
ORDINANCE NO. 056, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 19-62 OF THE CODE OF THE CITY OF FORT
COLLINS PERTAINING TO THE HANDLING OF CIVIL INFRACTIONS AND
MISDEMEANOR OFFENSES
WHEREAS, on February 19, 2013, the City Council adopted Ordinance No. 021, 2013,
amending Chapter 4 of the City Code, which decriminalized certain minor offenses related to the
care and keeping of animals, making those offenses civil infractions instead of criminal
misdemeanors; and
WHEREAS, the more serious offenses relating to the care and keeping of animals
remained misdemeanors; and
WHEREAS, under the current City Code, when one incident involves offenses
constituting both a misdemeanor and a civil infraction, officers must write two separate citations,
potentially subjecting the defendant and the City to two separate judicial proceedings; and
WHEREAS, City staff has recommended, and the City Council agrees, that civil
infractions and misdemeanors arising out of one incident should be governed by the rules and
statutes applicable to misdemeanor offenses.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that Section 19-62 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-62. Scope, purpose, and application.
a. These rules are promulgated pursuant to Article VII of the Charter to govern
practice and procedures for the handling of civil infractions. The purpose of these
rules is to provide for the orderly, expeditious and fair disposition of such
infractions.
b. In any action in which the commission of a civil infraction and a
misdemeanor offense are alleged in one (1) complaint, the action shall be treated as
one (1) proceeding governed by the rules and statutes applicable to the alleged
misdemeanor offense.
- 2 -
Introduced, considered favorably on first reading, and ordered published this 1st day of
April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 15th day of April, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk