HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/03/2014 - FIRST READY OF ORDINANCE NO. 084, 2014, AMENDING SAgenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY June 3, 2014
City Council
STAFF
Steve Roy, City Attorney
Greg Tempel, Senior Assistant Attorney
SUBJECT
First Ready of Ordinance No. 084, 2014, Amending Section 28-17 of the City Code Regarding Traffic Code
Violation Penalties.
EXECUTIVE SUMMARY
The purpose of this item is to reconcile two sections of the City Code setting the maximum penalty for Traffic
Code violations.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
On January 21, 2014, City Council adopted on second reading Ordinance No. 003, 2014, amending Section 1-
15(b) of the City Code to provide for an increased maximum fine for violations of the Fort Collins Traffic Code
(from $1,000 to $2,650). Section 28-17 of the City Code also specifies the maximum penalties for a violation
of Fort Collins Traffic Code, and should also be amended. Adoption of this Ordinance would remove the
specific reference to the maximum penalties in Section 28-17 and reference Section 1-15 as the source for
maximum penalties for a violation of the Fort Collins Traffic Code. As explained at the time of adoption of
Ordinance No. 003, 2014 in January, increasing the maximum possible fine will afford the Municipal Court
Judges more discretion in the tailoring of penalties for the more serious traffic offenses. Adoption of this
Ordinance will also make consistent the jail time maximum of six months set forth at Section 1-15 for
misdemeanor violations of the City Charter and Code.
FINANCIAL / ECONOMIC IMPACTS
This Ordinance will permit the Municipal Court to fully implement the changes to the penalties section of the
City Code adopted in January via Ordinance No. 003, 2014, which increased the maximum fine from $1,000 to
$2,650. It is unknown whether it will increase revenues for the City.
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ORDINANCE NO. 084, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 28-17 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING TRAFFIC CODE VIOLATION PENALTIES
WHEREAS, on January 21, 2014, City Council adopted on second reading Ordinance
No. 003, 2014, amending Section 1-15(b) of the City Code to provide for an increased maximum
fine for violations of the Fort Collins Traffic Code; and
WHEREAS, Section 28-17 of the City Code also specifies the maximum penalties for a
violation of the Fort Collins Traffic Code, and said Section should also be amended to reconcile
Sections 1-15(b) and 28-17 of the City Code by removing the reference to the specific maximum
penalties in Section 28-17 and referencing Section 1-15 as the source for the maximum penalties
for a violation of the Fort Collins Traffic Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 28-17 of the City Code is hereby amended to read as follows:
Sec. 28-17. Violations and penalties.
(a) It is unlawful for any person to violate any of the provisions of the Fort Collins
Traffic Code as adopted in this Article and as subsequently amended.
(b) Every person convicted of a violation of any provision of the Fort Collins Traffic
Code as adopted or amended shall be punished by a fine not exceeding one thousand
dollars ($1,000), by imprisonment not exceeding three hundred sixty-five (365) days, or
by both such fine and imprisonment as provided in § 1-15.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
June, A.D. 2014, and to be presented for final passage on the 1st day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 1st day of July, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk