HomeMy WebLinkAbout032 - 03/15/2005 - ADDING RESTITUTION REQUIREMENTS TO SECTION 1-15 OF THE CITY CODE RELATING TO THE GENERAL PENALTY FOR ORDINANCE NO. 032, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADDING RESTITUTION REQUIREMENTS TO SECTION 1-15
OF THE CITY CODE RELATING TO THE GENERAL PENALTY
FOR CITY CODE VIOLATIONS AND TRAFFIC INFRACTIONS
WHEREAS,in October,2004,City staffbegan reviewing the City Code regarding restitution
in misdemeanor and traffic matters to determine if any changes to the Code were needed; and
WHEREAS, in the course of its review, staff discussed the purposes and functions of
restitution as applied to misdemeanor and traffic matters and concluded that the City Code lacked
specificity as to when the Municipal Judge should impose restitution and in what amounts; and
WHEREAS, staff recommends that the Code be amended to state when and how much
restitution should be ordered in cases heard by the Municipal Judge; and
WHEREAS,the City Council believes that it is in the best interests of the City to amend the
Code to clarify when restitution will be ordered in Municipal Court.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 1-15 of the Code of the City of Fort Collins is hereby amended as follows:
See. 1-15. General penalty and penalty for traffic infractions.
(a) Except as to traffic infractions described in (b)below, any person who shall
violate any provision of this Code,the Charter or any provision of any code or other
regulation adopted by reference by this Code,by doing any act prohibited or declared
to be unlawful thereby, or who shall engage in any business, occupation or activity
for which a license or permit is required without having a valid license or permit
therefor, or who shall fail to do any act required by any such provision, or who shall
fail to do any act when such provision declares such failure to be unlawful or to be
an offense or misdemeanor, shall be guilty of a misdemeanor and,upon conviction,
shall be punished by the penalty specifically provided for such violation or,if none,
then by a fine not exceeding one thousand dollars ($1000.) or by imprisonment not
exceeding one hundred eighty (180) days, or by both such fine and imprisonment,
in addition to any costs which may be assessed.No person under the age of eighteen
(18)years as of the date of the offense shall be subject to imprisonment except in the
case of failure to comply with a lawful order of the court, including an order to pay
a fine, and then only in the manner provided in Section 13-10-113, C.R.S., and the
Colorado Children's Code, Section 19-1-101 et seq., C.R.S. Each day upon which a
violation continues shall constitute a separate misdemeanor offense unless some
other specific time period is provided for any particular offense.
(b) A violation of any provision of Chapter 28,Vehicles and Traffic,in this Code
or the Fort Collins Traffic Code, shall be deemed to be a traffic infraction if, at the
time of the commission of the violation,its counterpart violation under the provisions
of Article 4 in Title 42 of the Colorado Revised Statutes, if any, is designated by
state law as being a traffic infraction. If no counterpart violation exists under state
law,the violation shall be deemed to be a traffic infraction.All other violations under
Chapter 28 of this Code or the Fort Collins Traffic Code shall be considered
misdemeanors punishable as described in paragraph(a) of this Section. Any person
against whom judgment is entered for a traffic infraction under this Code shall be
subject to the penalty of a fine not exceeding one thousand dollars($1,000.)and shall
not be subject to imprisonment on account of such judgment.
(c) Except as provided in subsection(d)below,a law enforcement officer,code
enforcement officer, the City Attorney or their designees may request that the
Municipal Judge order restitution of direct out-of-pocket costs incurred by any
victim of a misdemeanor. By way of illustration,such direct out-of-pocket costs may
include, but need not be limited to, costs to repair or replace damaged property,
medical insurance deductibles, or medical costs directly paid and un-reimbursed by
any entity other than the victim or the victim's parent or guardian.
(d) Restitution through Municipal Court shall not be available for victims of
traffic infractions or traffic misdemeanors.
(e) Any person convicted of violating the provisions of Chapter 4,Animals and
Insects; Chapter 17, Miscellaneous Offenses; or Chapter 20, Nuisances, shall
reimburse the City for costs incurred by the City or Poudre Fire Authority in
enforcing the provisions of said sections if such enforcement required the use of an
extraordinary number of personnel, highly trained personnel, sophisticated
equipment, or non-traditional methods of enforcement. The amount of such
restitution shall be apportioned among multiple defendants involved in the same
criminal episode as deemed appropriate by the Municipal Judge, taking into
consideration the behavior of the defendant(s), the amount and kind of expenses
incurred by the city or Poudre Fire Authority, the number of participants involved
in the criminal activity and such other circumstances as the Judge may consider
relevant. Notwithstanding the foregoing, if another provision of the Code imposes
a more specific restitution requirement than the requirement imposed by this section,
then the Code provision which requires the greater amount of restitution will control.
Introduced and considered favorably on first reading and ordered published this 1 st day of
March, A.D. 2005, and to be presented for final passage on the 15th day of March, A.D. 2005.
Mayor r "�
ATTEST:
U1
City Clerk
Passed and adopted on final reading this 15th day of March, A.D. 2005.
Mayor K---
ATTEST:
City Clerk �`