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HomeMy WebLinkAbout105 - 12/18/1990 - AMENDING CITY CODE TO INCLUDE RULES FOR TRAFFIC INFRACTIONS ORDINANCE NO. 105, 1990 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 19 OF THE CODE OF THE CITY OF FORT COLLINS TO INCLUDE RULES FOR TRAFFIC INFRACTIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That Section 19-1 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-1. Rules of procedure. The Colorado Municipal Court Rules, as amended, the rules for traffic infractions contained in Article IV of this Chapter, and procedures adopted by the Municipal Judge which are not inconsistent therewith, shall govern the procedure in the Municipal Court in all cases arising under the Charter and Code. Section 2. That Section 19-2(a) of the Code of the City of Fort Collins is hereby amended to read as follows: (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. Section 3. That Chapter 19 of the Code of the City of Fort Collins is hereby amended by adding a new Article IV, to read as follows: ARTICLE IV. RULES FOR TRAFFIC INFRACTIONS Sec. 19-43. In general . Notwithstanding any provisions of this Code to the contrary, all violations of any provision classified as a traffic infraction in Section 1-15 shall constitute civil matters and not criminal violations. Sec. 19-44. Scope and purpose. These rules are promulgated pursuant to Article VII, Section 1 of the Charter and govern practice and procedures for the handling of traffic infractions, as described in Section 1-15. The purpose of these rules is to provide for the orderly, expeditious and fair disposition of such infractions. For this purpose, the rules apply concepts of both civil and criminal law, as deemed appropriate, to establish informal hearing procedures in the Municipal Court. Sec. 19-45. Application. These rules apply to actions in which only the commission of traffic infractions are charged. In any action in which the commission of a traffic infraction and a misdemeanor offense are alleged in one complaint, the action shall be treated as one proceeding governed by the rules and statutes applicable to the alleged misdemeanor offense. Sec. 19-46. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this Section: Charging document shall mean the document commencing or initiating the traffic infraction matter, whether denoted as a complaint, summons and complaint, citation, penalty assessment notice, parking assessment or other document charging the person with the commission of a traffic infraction or infractions. Defendant shall mean any person charged with the commission of a traffic infraction. Judgment shall mean a finding by the court of guilt or liability against any person for the commission of a traffic infraction. Officer shall mean a peace officer who tenders or serves a charging document under these rules. Penalty shall mean a fine imposed pursuant to this code for the violation of a traffic infraction. Sec. 19-47. No jury trial of infractions. A defendant brought to trial solely upon a traffic infraction or infractions shall have no right to a trial by jury as contemplated by Section 13-10-114, C.R.S. , or Rule 223, C.M.C.R. , and trial of traffic infractions shall be to the court. No defendant found civilly liable for a traffic infraction shall be punished by imprisonment for said infraction. Sec. 19-48. Commencement of action. An action under these rules is commenced by the tender or service of a charging document upon a defendant or by conspicuously attaching a parking assessment to the subject vehicle and by the filing of a charging document with the Municipal Court. 2 Sec. 19-49. Payment before appearance. (a) The court clerk shall accept payment of a penalty assessment notice by a defendant without an appearance before the court if payment is made within the period beginning fourteen (14) days following the date of issuance of the charging document and ending at the time scheduled for the first hearing. (b) At the time of payment, the defendant shall sign a waiver of rights and acknowledgement of guilt or liability or tender a no contest plea upon a form approved by the Judge. (c) This procedure shall constitute an entry and satisfaction of judgment. Sec. 19-50. First hearing. (a) If the defendant has not previously acknowledged guilt or liability and satisfied the judgment, he or she shall appear before the court at the time scheduled for first hearing. (b) The defendant may appear in person or by counsel , who shall enter appearance in the case, provided, however, that if an admission of guilt or liability is entered or a no contest plea is tendered, the court may require the presence of the defendant for the assessment of the penalty. (c) If the defendant appears in person, the court shall advise the defendant in open court of the following: (1) The nature of the infraction(s) alleged in the charging document; (2) The penalty, any fees and costs that may be assessed and the penalty points that may be assessed against the driving privilege, if any; (3) The consequences of the failure to appear at any subsequent hearing including entry of judgment against the defendant and reporting the judgment to the state motor vehicle division, which may assess points against the driving privilege and may deny an application for a driver's license; (4) The right to be represented by an attorney at the defendant' s expense; (5) The right to deny the allegations and to have a hearing before the court; 3 (6) The right to remain silent, because any statement made by the defendant may be used as evidence against the defendant; (7) The fact that guilt or liability must be proven beyond a reasonable doubt; (S) The right to testify, subpoena witnesses, present evidence and cross-examine any witnesses for the city; (9) The fact that any answer must be voluntary and not the result of undue influence or coercion on the part of anyone; and (10) The fact that an admission of guilt or liability constitutes a waiver of the foregoing rights and any right to appeal . (d) The defendant personally or by counsel shall answer the allegations in the charging document either by admitting guilt or liability, by tendering a no contest plea or by denying the allegations. (e) If the defendant admits guilt or liability or tenders a no contest plea, the court shall enter judgment and assess the appropriate penalty, fees and costs after determining that the defendant understood the matters set forth in this Section and has made a voluntary, knowing and intelligent waiver of rights. (f) If the defendant denies the allegations, the matter shall be set for final hearing, and the defendant, prosecuting attorney and officer shall be notified. Sec. 19-51. Discovery. (a) Discovery shall not be available prior to final hearing. (b) At the time of final hearing, the defendant shall be entitled to inspect all documents prepared by the officer which the officer intends to use in the presentation of evidence. Sec. 19-52. Subpoena. (a) A subpoena shall be issued only for the attendance of a witness or for the production of documentary evidence at the final hearing. 4 (b) A subpoena shall be issued within the city either by the clerk of the court at the request of the defendant, prosecuting attorney or officer, or by counsel who has entered an appearance in the case. - (c) The service of a subpoena shall be by first class mail if the person to whom it is directed waives personal service. No fees or mileage need be tendered with service by mail . (d) If the person to whom a subpoena is directed does not waive personal service, the issuance and service of a subpoena shall be as provided in Rule 217, C.M.C.R. , except as otherwise provided in this Rule. Sec. 19-53. Dismissal before final hearing. (a) Except as provided in Section 19-57, the charges shall be dismissed with prejudice if the officer fails to appear at the final hearing. (b) The charges shall be dismissed if the final hearing is not held within the time period described in Rule 248, C.M.C.R. Sec. 19-54. Final hearing. The hearing of all traffic infractions shall be conducted pursuant to the Colorado Rules of Evidence, and the order of proceedings shall be those followed by the Court in misdemeanor offenses tried to the Court. Sec. 19-55. Judgment after final hearing. (a) If all elements of a traffic infraction are proven beyond a reasonable doubt, the court shall find the defendant guilty or liable and enter appropriate judgment. (b) If any element of a traffic infraction is not proven beyond a reasonable doubt, the court shall dismiss the charge and enter appropriate judgment; provided, however, that the court may find the defendant guilty of or liable for a lesser included traffic infraction if based on the evidence offered and enter appropriate judgment. (c) If the defendant is found guilty or liable, the court shall assess the appropriate penalty and any additional costs or fees generally imposed in connection with municipal offenses. (d) The judgment shall be satisfied upon payment to the clerk of the total amount assessed as set forth above. 5 (e) If the defendant fails to satisfy the judgment immediately following the final hearing or within the time allowed by a reasonable extension granted upon a showing of good cause by, and upon application of the defendant, then such failure shall be treated as a default. Sec. 19-56. Posthearing motions. There shall be no posthearing motions except for a motion to set aside a default judgment as provided in Section 19-58. Sec. 19-57. Continuances. Continuances may be granted on a showing of good cause by the city or the defendant. Sec. 19-58. Default. (a) If the defendant fails to appear for any hearing, the court shall enter judgment against the defendant. (b) The amount of the judgment shall be the appropriate penalty assessed after a finding of guilt or liability and any additional fees or costs assessable generally upon conviction of municipal offenses. (c) The court may set aside a judgment entered under this rule on a showing of good cause or excusable neglect by the defendant. A motion to set aside the judgment shall be made to the court not more than seven (7) calendar days after entry of judgment. (d) The defendant may satisfy a judgment entered under this rule by paying the clerk. (e) No warrant shall issue for the arrest of a defendant who fails to appear at a hearing or fails to satisfy a judgment. Sec. 19-59. Appeal . Appeal of any finding of guilt or liability for a traffic infraction shall be subject to the same rules and procedures applicable to convictions of municipal offenses generally. Sec. 19-60. Collection of judgments. Upon finality of a judgment for a traffic infraction, and in addition to all legal and administrative enforcement or collection procedures and remedies otherwise available, the city attorney is authorized to file a civil action with any state court having appropriate jurisdiction, which filing shall include the transcript of the case certified by the Municipal Court clerk, praying for judgment based thereon, and upon the entry of such judgment, the 6 city attorney shall be authorized to proceed with all judgment execution and collection procedures authorized by law for the amount of the judgment, costs and fees incurred in the proceedings and legal interest. Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 1990, and to be presented for final passage on the 18th day of December, A.D. 1990. Mayor ATT ST: City Clerk Passed and adopted on final reading this 18th day of December, A.D. , 1990. mayor ATTEST: City Clerk 7