HomeMy WebLinkAbout136 - 01/05/2010 - AMENDING SECTION 1-15 OF THE CITY CODE RELATING TO GENERAL PENALTIES ORDINANCE NO. 136, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 1-15 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO GENERAL PENALTIES
WHEREAS, the City Code currently provides for a traffic calming surcharge of$35 to be
assessed against drivers of motor vehicles who are cited for a violation of the Fort Collins Traffic
Code (the "Traffic Code") that carries one or more points; and
WHEREAS, violations of the Traffic Code committed by bicycle riders are not presently
subject to the traffic calming surcharge; and
WHEREAS, the City is a bike-friendly community in which a large number of bicyclists
share the use of the City's sidewalks,paths and roadways with pedestrians,other bicycle riders and
motor vehicles; and
WHEREAS,due to the increasing number of bicyclists on the City's roadways,Fort Collins
Police Services has experienced an increase in the number of bicycle-involved accidents and bicycle-
involved moving violations, resulting in an increased use of the Traffic Enforcement Unit's
resources; and
WHEREAS,the traffic calming surcharge is assessed to fund traffic calming measures and
programs developed and implemented by Transportation Services and Police Services to promote
and enhance traffic safety; and
WHEREAS, the City Council believes it is reasonable and appropriate that persons
contributing to the City's traffic problems should also contribute monetarily to the solution through
the imposition of a surcharge on all moving violations committed by vehicles; and
WHEREAS,the City Council finds and determines that the application of the traffic calming
surcharge to bicyclists is consistent with the City's powers as a home-rule municipal corporation and
that the exercise of said powers in the manner set forth herein is in furtherance of the public health,
safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 1-15(g) of the City Code is hereby amended to read as follows:
Sec.1-15. General penalty and surcharges for misdemeanor offenses, traffic
offenses and traffic and civil infractions.
(g) Assessment of traffic calming surcharge. A surcharge of thirty-five dollars
($35.) shall be assessed by the Municipal Court as set forth in this Section and shall
be in addition to court fines,costs,other surcharges and fees. Said surcharge shall be
assessed against any defendant who,after a trial to the Court,referee or jury,is found
guilty of any Fort Collins Traffic Code violation involving the operation of a vehicle
as defined in Fort Collins Traffic Code Section 2002(42) or who pleads guilty or no
contest to, or who enters an Alford plea to any such violation pursuant to any plea
agreement. If an early payment discount or other plea bargain is accepted, the
surcharge will be assessed by the Municipal Court and shall be dedicated by the
Finance Department and exclusively spent for traffic-calming expenditures,including
but not limited to training, education, signage, facilities, public education and
additional traffic enforcement police officers and equipment.
Introduced, considered favorably on first reading, and ordered published this 15th day of
December, A.D. 2009, and to be presented for final passage on the 5th day of January, A.D.
2010.
_ Mayor
A i VEST:
City Clerk
Passed and adopted on final reading on the Sth day of u ry, A.D. 2010.
Mayor
ATTEST:
City Clerk