HomeMy WebLinkAbout048 - 04/19/2016 - AMENDING CHAPTER 19 OF CITY CODE TO MODIFY THE RULES FOR CIVIL INFRACTIONS RELATED TO IMMEDIATE SERORDINANCE NO. 048, 2016
w OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 19 OF THE CODE OF THE CITY OF FORT COLLINS
TO MODIFY THE RULES FOR CIVIL INFRACTIONS RELATED TO
IMMEDIATE SERVICE OF A SOCIAL HOST CIVIL CITATION
WHEREAS, City Council is concurrently considering Ordinance No. 047, 2016, that
would impose a strict liability standard on a person who is responsible for allowing the underage
possession or consumption of alcohol or marijuana to occur; and
WHEREAS, if such ordinance is adopted, any person found liable for violating it would
commit a civil infraction violation; and
WHEREAS, the current process for civil infraction violations is to give a notice of
violation to the responsible party prior to a citation being issued unless there is an exception to
allow for immediate service of a citation; and
WHEREAS, City staff recommends immediate service of a civil citation in the event of a
social host violation; and
WHEREAS, for these reasons, the City Council believes that these amendments to the
City Code are in the best interests of the citizens of Fort Collins.
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(a) 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
1
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 4-7-, 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 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; or
C.the violation of Land Use Code Section 3.8.16 pertaining to
occupancy limits.
Introduced; considered favorably on first reading, and ordered published this 5th day of
April, A.D. 2016, and to be presented for final passage on the 19th day of April, A.D.=2016.
ftT C
O!. ..
O<<,
yN
Mayor
ATTEST:
COLO-
City Clerk
Passed and adopted on final reading on the 19th day of April, A.D. 2016.
of Fo r0
ii
9gs Mayor
ATTEST: C°LORR O
City Clerk
2