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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/02/2014 - FIRST READING OF ORDINANCE NO. 115, 2014 AMENDINGAgenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY September 2, 2014 City Council STAFF Beth Sowder, Neighborhood Services Manager Patty Netherton, Municipal Court Administrator SUBJECT First Reading of Ordinance No. 115, 2014 Amending Sections 19-66, 19-67, and 19-69 of the City Code Pertaining to the Rules for Civil Infractions EXECUTIVE SUMMARY The purpose of this item is to transfer civil infraction payment processing functions to the Municipal Court from Neighborhood Services and the Forestry Division in order to more efficiently process and track those citations and reduce redundancy since the Municipal Court is better equipped to handle this function. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Over the past several years, the City Council has decriminalized certain minor violations of the City Code by making those offenses civil infractions instead of criminal misdemeanors. For some time, the civil citation processing function was handled by Neighborhood Services. The Neighborhood Services Manager and the City Forester have transferred civil infraction citation payment processing functions to the Municipal Court in order to more efficiently process and track those citations and reduce redundancy, as the Municipal Court is better equipped to handle the high volume caseloads. This amendment would make these changes in the Code in order to provide for the payment of all civil infraction citations through the Municipal Court. FINANCIAL / ECONOMIC IMPACTS Some efficiency may be gained by consolidating this process. - 1 - ORDINANCE NO. 115, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 19-66, 19-67, AND 19-69 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE RULES FOR CIVIL INFRACTIONS WHEREAS, over the past several years, the City Council has decriminalized certain minor violations of the Municipal Code by making those offenses civil infractions instead of criminal misdemeanors; and WHEREAS, the Neighborhood Services Manager and the City Forester have transferred civil infraction citation payment processing functions to the Municipal Court in order to more efficiently process and track those citations and reduce redundancy, as the Municipal Court is better equipped to handle the high volume caseloads; and WHEREAS, the City Council believes it would be in the best interests of the City to approve of the recommended amendments to the City Code in order to provide for the payment of all civil infraction citations through the Municipal Court. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 19-66 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-66. Payment without appearance. (a) The Neighborhood Services Manager or, in the case of a forestry code violation, the City Forester, shall accept payment in full of the amount due for a civil infraction from a defendant or make a payment plan arrangement with a defendant if such payment or payment plan arrangement is made within ten (10) days following service of the citation for the violation. Such payment shall be separately accounted for and deposited into the City’s general fund in accordance with rules and procedures of the Finance Department. (ba) In the case of a violation of Chapter 4, Article II of the Code, tThe Municipal Court Clerk shall accept payment in full of a penalty assessment noticethe amount due for a civil infraction citation by a defendant without an appearance before the Municipal Court if payment is made after the issuance of the charging document and prior to the date and time scheduled for the first hearing, provided that the Municipal Court Clerk has a copy of the charging document. Such payment shall be separately accounted for and deposited into the city’s general fund in accordance with rule and procedures of the Finance Department. (cb) Payment of the total penalty, costs and fees shall constitute a waiver by the responsible party of all rights and acknowledgement of liability. - 2 - (dc) Such payment shall constitute an entry and satisfaction of judgment. (ed) Payment of the penalty and costs shall not excuse the failure to correct violations nor shall it bar further enforcement by the City. Section 2. That Section 19-67 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-67. Hearing procedures. (a) If a defendant wishes to contest a citation, other than a violation of Chapter 4, Article II of the Code, he or she, within ten (10) days following service of the citation, shall file a written request with the Neighborhood Services Manager for a hearing before the Referee. (ba) If a defendant wishes to contest a civil infraction citation for a violation of Chapter 4, Article II of the Code, he or she shall appear before the Municipal Court at the time scheduled for first hearing. (cb) The hearing of all civil infractions shall be conducted pursuant to the Colorado Rules of Evidence and the order of proceedings shall be those followed by the Municipal Court in offenses tried to the Municipal Judge, except as otherwise specifically stated herein. (dc) The City and the defendant may be represented by counsel. Section 3. That Subsection (c) of Section 19-69 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-69. Judgment and procedures after hearing. . . . (c) The judgment shall be satisfied upon payment to Neighborhood Services, the Municipal Court, with respect to a violation of Chapter 4, Article II of the Code, or City Forester, with respect to forestry code violations, in the total amount of penalty, costs and fees assessed. . . . - 3 - Introduced, considered favorably on first reading, and ordered published this 2nd day of September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk