HomeMy WebLinkAbout095 - 08/15/2017 - AMENDING SECTION 19-65 OF THE CITY CODE REGARDING THE CITATION PROCEDURE FOR CIVIL INFRACTIONS TO IN (2)ORDINANCE NO. 095, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 19-65 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING THE CITATION PROCEDURE FOR CIVIL INFRACTIONS
TO INCLUDE AN EXCEPTION FOR PARKING ON YARDS
WHEREAS, on October 1, 2002, the City Council adopted Ordinance No. 140, 2002,
regulating parking on yards; and
WHEREAS, on December 19, 2006, by Ordinance No. 198, 2002, the City Council
changed the penalty for parking on yards from a misdemeanor offense to a civil infraction; and
WHEREAS, City staff desires to enforce the parking on yards restrictions, found at
Section 20-105 of the City Code, during major events at the new CSU on-campus stadium
Stadium Events"); and
WHEREAS, Section 19-65 of the City Code currently requires the City's Code
enforcement officers to serve a notice of violation upon any party who is suspected of
committing a civil infraction and provide a reasonable period of time to correct the violation
before issuing a citation to the violator; and
WHEREAS, the exceptions to the notice requirement are if: (1) there is reason to believe
the violation presents a threat to the public health, safety or welfare; (2) the damage done by the
violation is unrepairable of irreversible; (3) the violation is a second or subsequent violation by
the responsible party in twelve months; or (4) a delineated Code Section is specifically excepted;
and
WHEREAS, if the City wants to enforce the parking on yards provisions during Stadium
Events, an exception needs to be made, under (4), above, to allow Code enforcement officers to
serve tickets immediately, rather than provide time to correct the violation; and
WHEREAS, the City Council believes it is necessary for the preservation of the health,
safety, and welfare of the City's citizens to amend the City Code to permit enforcement
personnel to immediately cite violators of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 19-65 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 19-65. Commencement of action; citation procedure.
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a) Officers shall have the authority to initiate enforcement proceedings as provided
below.
1) An officer who has reasonable grounds to believe that a responsible
party has committed a civil infraction under this Code is authorized to serve a
notice of violation to the responsible party. Except as otherwise provided in this
Code, the officer shall set a reasonable time period within which the responsible
party must correct the violation. This determination shall be, based on
considerations of fairness, practicality, ease of correction, the nature, extent and
probability of danger or damage to the public or property, and any other relevant
factor relating to the reasonableness of the time period prescribed. An officer
may immediately serve a civil citation to a responsible party, without prior
notice for a civil infraction in the following circumstances:
a.The violation of City Code Sections 4-70, 4-74,4-95, 4-96, 4-
97, 4-119, 4-157, or 4-177_
b.The violation of City Code Section 17-168;
C.If there is a reason to believe that the violation presents a threat to
the public health, safety or welfare or the damage done by the violation
is irreparable or irreversible;
d.If the violation is a second or subsequent violation by the
responsible party that occurred within the twelve (12) months
immediately following a previous violation;
e.The violation of Land Use Code Section 3.8.16 pertaining to
occupancy limits; or
f.The violation of City Code Section 20-105 during a stadium
event or within four (4) hours before the official start time of a stadium
event, as defined in Section 1214.5(6) of the Fort Collins Traffic Code.
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Introduced, considered favorably on first reading, and ordered published this 18th day of
July,.A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017.
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City Clerk
Passed and adopted on final reading on this 15th day of August, A.D. 2017.
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