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HomeMy WebLinkAbout095 - 08/15/2017 - AMENDING SECTION 19-65 OF THE CITY CODE REGARDING THE CITATION PROCEDURE FOR CIVIL INFRACTIONS TO IN (2)ORDINANCE NO. 095, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 19-65 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING THE CITATION PROCEDURE FOR CIVIL INFRACTIONS TO INCLUDE AN EXCEPTION FOR PARKING ON YARDS WHEREAS, on October 1, 2002, the City Council adopted Ordinance No. 140, 2002, regulating parking on yards; and WHEREAS, on December 19, 2006, by Ordinance No. 198, 2002, the City Council changed the penalty for parking on yards from a misdemeanor offense to a civil infraction; and WHEREAS, City staff desires to enforce the parking on yards restrictions, found at Section 20-105 of the City Code, during major events at the new CSU on-campus stadium Stadium Events"); and WHEREAS, Section 19-65 of the City Code currently requires the City's Code enforcement officers to serve a notice of violation upon any party who is suspected of committing a civil infraction and provide a reasonable period of time to correct the violation before issuing a citation to the violator; and WHEREAS, the exceptions to the notice requirement are if: (1) there is reason to believe the violation presents a threat to the public health, safety or welfare; (2) the damage done by the violation is unrepairable of irreversible; (3) the violation is a second or subsequent violation by the responsible party in twelve months; or (4) a delineated Code Section is specifically excepted; and WHEREAS, if the City wants to enforce the parking on yards provisions during Stadium Events, an exception needs to be made, under (4), above, to allow Code enforcement officers to serve tickets immediately, rather than provide time to correct the violation; and WHEREAS, the City Council believes it is necessary for the preservation of the health, safety, and welfare of the City's citizens to amend the City Code to permit enforcement personnel to immediately cite violators of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. 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. 1- 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 for a civil infraction in the following circumstances: a.The violation of City Code Sections 4-70, 4-74,4-95, 4-96, 4- 97, 4-119, 4-157, or 4-177_ b.The violation of City Code Section 17-168; C.If there is a 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; d.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; e.The violation of Land Use Code Section 3.8.16 pertaining to occupancy limits; or f.The violation of City Code Section 20-105 during a stadium event or within four (4) hours before the official start time of a stadium event, as defined in Section 1214.5(6) of the Fort Collins Traffic Code. 2- Introduced, considered favorably on first reading, and ordered published this 18th day of July,.A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. OF p0R'r Mayor P o Tern ATTEST: y SEAL N VV VV cOORA O City Clerk Passed and adopted on final reading on this 15th day of August, A.D. 2017. ayor ATTEST: pORY.... City erk_ ti,,v U' 'N I 96LORp O 3-