HomeMy WebLinkAbout071 - 06/04/2013 - AMENDING SECTION 19-65 OF THE CITY CODE RELATED TO THE SERVICE OF A CIVIL CITATION ORDINANCE NO. 071 , 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 19-65 OF THE CODE OF THE CITY OF FORT COLLINS
RELATED TO THE SERVICE OF A CIVIL CITATION
WHEREAS, certain violations of the City Code are punishable as criminal misdemeanor
offenses and others as civil infractions; and
WHEREAS,criminal misdemeanors are subject to a fine not exceeding one thousand dollars
($1,000)and/or imprisonment not exceeding one hundred eighty(180)days, in addition to any costs
that may be assessed; and
WHEREAS, a civil infraction violation is subject to a civil penalty of not more than one
thousand dollars ($1,000), plus costs, damages, and expenses; and
WHEREAS, Section 19-65 of the City Code establishes the process for issuing citations for
civil infractions; and
WHEREAS,the citation procedures for civil infractions generally require that an officer who
has reasonable grounds to believe that a responsible party has committed a civil infraction must serve
a notice of violation, and set a reasonable period of time within which the responsible party may
correct the violation before being issued a citation; and
WHEREAS, the citation procedures set forth exceptions to this notice requirement and
opportunity to correct the violation in the event that the violation presents a threat to the public
health, safety or welfare, or the damage done by the violation is irreparable or irreversible, or the
violation is of Land Use Code Section 3.8.16 pertaining to occupancy limits; and
WHEREAS, on May 19, 2009, City Council adopted Ordinance No. 051, 2009, which
allowed for the current exception to the notice requirement regarding occupancy limit violations;and
WHEREAS,Ordinance No.51,2009 unintentionally deleted another exception to the notice
requirement for second or subsequent violations by the responsible party; and
WHEREAS, City staff recommends adding such exception back into the City Code along
with an additional requirement that the exception only apply in the event that a second or subsequent
violation occurs within a twelve month period; and
WHEREAS, in February of 2013, by the adoption of Ordinance No. 021, 2013, the City
Council decriminalized certain offenses related to the care and keeping of animals, and amended
Section 19 of the City Code to allow for Municipal Court to handle such civil infractions; and
WHEREAS,City staff believes that there are code violations related to the care and keeping
of animals such as animal at large wherein an officer should have the ability to immediately serve
a civil infraction citation in the event of a first violation without prior warning or notice; and
WHEREAS, City staff therefore recommends adding another exception to the notice
requirement in Section 19-65 that would allow officers to immediately serve a civil citation to a
responsible party; without prior notice, for any civil infraction violation in Chapter 4, Article II
related to the care and keeping of animals; and
WHEREAS,the City Council has determined that the recommended City Code amendments
are in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. 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.
(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, in the case of a civil infraction violation of
Chapter 4, Article II of the Code, if there is 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,or 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,
or the violation is of Land Use Code Section 3.8.16 pertaining to occupancy
limits.
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Introduced, considered favorably on first reading, and ordered published this 21st day of
May, A.D. 2013, and to be presented for final passage on the 4th day of June, A.D. 2013.
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Passed and adopted on final reading on the 4th day of June, A.D. 2013.
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