HomeMy WebLinkAbout121 - 10/06/2015 - AMENDING SECTION 1-15 OF CITY CODE REGARDING THE APPLICATION OF THE TRAFFIC CALMING SURCHARGE TO BIC ORDINANCE NO. 121, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 1-15 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING THE APPLICATION OF THE TRAFFIC CALMING SURCHARGE
TO BICYCLE TRAFFIC INFRACTIONS
WHEREAS, bicycles are motor vehicles pursuant to the Fort Collins Traffic Code and
the State of Colorado; and
WHEREAS, in 2005, City Council passed Ordinance No. 167, 2005, which created a
Traffic Calming Surcharge ("TCS") on certain moving violations, to be used to fund the traffic
calming measures and programs developed and implemented by Transportation Services and
Police Services associated with the traffic calming program; and
WHEREAS, in 2009, City Council passed Ordinance No. 136, which extended the TCS ,
to bicyclists based on the increasing number of bicycle-involved accidents and bicycle-involved
moving violations, and the resulting increase in the use of the Traffic Enforcement Unit's
resources; and,
WHEREAS, City staff has been tasked by the City of Fort Collins 2014 Bicycle Master
Plan to increase ridership and to improve safety of bicycles in the City while also providing an
opportunity to take the City Bicycle Traffic Citation Course; and
WHEREAS, City staff has recommended the Fort Collins Municipal Court level all fines
for all first-time bicycle violations to $50; and
WHEREAS, the TCS has collected a minimal amount of revenue each year and is a cost
that cannot be eliminated by a municipal prosecutor during a plea bargaining process; and
WHEREAS, staff has concluded that the TCS has not had a positive impact on bicyclist
behaviors and compliance; and
WHEREAS, staff is seeking a more effective means to influence bicyclist behavior and to
increase the level of safety and compliance by bicyclists; and
WHEREAS, by leveling all of the bicycle violation fines and eliminating the TCS on
bicycle violations, the prosecutor in his or her discretion on a case-by-case basis will be able to
offer the City's Bicycle Traffic Citation Course, when appropriate in lieu of the $50 fine, and in
that circumstance, the total cost will be $35 in court costs; and
WHEREAS, staff believes that the option to enter into this type of plea negotiation would
increase the incentives for bicyclists who receive bicycle violations to participate in the City's
Bicycle Traffic Citation Course, which is expected to improve bicycle safety in the City; and
r - 1 -
WHEREAS, the City Council has determined that removing bicycles from the ambit of
the TCS is in the best interest of the City and will advance the health, safety and welfare of its
citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 1-15(g)(1) of the Code of the City of Fort Collins Fort Collins 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 person who:
(1) after a trial or hearing before the Court, a hearing officer, a referee or a
jury, is found guilty of operating a motor vehicle in violation of any
provision of the Fort,Collins Traffic Code for which the Department of
Revenue has assigned a penalty of one (1) or more;
Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D.
2015.
soar c�<
•.tiN
Mayor
ATTEST: :o0
•COLORP
City Clerk
- 2 -
Passed and adopted on final reading on the 6th day of October, A.D. 2015.
OF FORT
\-k ,...... .,
SEAL
Mayor
ATTEST: �.......•.o
CORAL
City Clerk
- 3 -