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Home My WebLink About019 - 02/16/2016 - ADDING A NEW SECTION 1-23 TO CITY CODE TO ESTABLISH A ONE-YEAR LIMITATION FOR THE PROSECUTION OF CIT ORDINANCE NO. 019, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADDING A NEW SECTION 1-23 TO THE CODE OF THE CITY OF FORT COLLINS TO ESTABLISH A ONE-YEAR LIMITATION FOR THE PROSECUTION OF CITY CODE VIOLATIONS IN FORT COLLINS MUNICIPAL COURT WHEREAS, in Section 16 of Article IV of the City Charter, the prosecution of a violation of the Charter must be commenced in the Fort Collins Municipal Court ("Municipal Court") within one year of the date of the violation; and WHEREAS, neither the City Charter nor the City Code currently establishes a similar time limitation for the prosecution of violations of the Code in Municipal Court; and WHEREAS, since there is no such time limitation for the prosecution of Code violations in the City Charter or Code, the City's current controlling time limitation is found in C.R.S. Section 31-16-111, which statute imposes a one-year time limitation on such prosecutions in the municipal courts of all municipalities except for those home rule municipalities which have'set such a time limitation in their charter or code; and WHEREAS, as a home rule municipality, the City can therefore establish its own time limitation for City Code violations prosecuted in Municipal Court; and WHEREAS, by not expressly stating in the Code a time limitation for the prosecution of Code violations, but instead having to refer a state statute, this has sometimes caused confusion for citizens reporting Code violations and for those charged with them; and WHEREAS, clearly stating this time limitation in the City Code will help to eliminate this confusion; and WHEREAS, the one-year time limitation proposed here will also be subject to tolling provisions which will stop the running of the one-year time limitation for any period of time the accused is absent from the City, for up to one year, and during the time the accused is being prosecuted in another case for the same conduct, which tolling provisions are not in the controlling state statute applicable to municipalities (Section 31-16-111), but are in the state's statutes of limitations for its criminal offenses. 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 the Code of the City of Fort Collins is hereby amended by adding a new section,to be numbered 1-23, which section reads as follows: -1- Sec. 1-23. Time to initiate a prosecution (a) Except as provided in paragraph (b) of this Section or as provided otherwise in this Code for a particular violation, no person shall be prosecuted, tried or punished for any violation of this Code unless within one (1) year of the date of the violation the prosecution is initiated in Municipal Court as provided in Rule 204(a) of the Colorado Municipal Court Rules of Procedure or the person is served with a summons and complaint as provided in paragraph(e) of Rule 204. (b) The time limitation imposed by paragraph (a) of this Section shall.be tolled with respect to the person prosecuted for: (1) any time period, not to exceed one (1) year, during which the person is absent from the City; and (2) any time period during which a prosecution is pending against the person for the same conduct, even if that prosecution is dismissed or reversed on appeal. (c) When any violation of this Code is based on a series of acts performed at'different times, the period of limitations set by this Section shall start at the time when the last act in the series of acts is committed. Introduced, considered favorably on first reading, and ordered published this 9th day'of February, A.D. 2016, and to be presented for final passage on the 16th day of February, A.D. 2016. 04�oRr CO J SEAL'N (=Z;Yor ATTEST: ••.o COLORP� City Clerk Passed and adopted on final reading on the 16th day of February,A.D. 2016. a�Fo�r•ep�` '��:• ':N Mayor ATTEST: SEXL ? t / ••COLORP�� City Clerk -2- Account#: FTC-003160 fj FORT-COLLI\S Mr- 0, A_ _N Invoice Text—JNOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I STATE OF COLORADO ) )ss: AFFIDAVIT OF PUBLICATION _ COUNTY OF LARIMER ) NOTICE IS HEREBY GIVEN that the Fort Collins City Council, on Tuesday, February 9, 2016, will consider the fol- lowing ordinances on first reading. These ordinances will presented for final passage on Februaryry 16,2016: Andrew Troncoso ,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins ORDINANCE NO.016,2016 Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of OF THE COUNCIL OF THE CITY OF Fort Collins, in said county and state; that the notice or advertisement, of which the annexed is a true copy, FORT COLLINS APPROPRIATING PRIOR YEAR RE- has been published in said daily newspaper for SERVES IN THI=WATER FUND FOR -A PROJECT TO REPAIR A PIPED SECTION OF 1 Day; THE MICHIGAN DITCH TUNNEL PROJECT ORDINANCE NO.019,2016 that the notice was published in the regular and entire issue of every number of said newspaper during the FORTCOLLINS HE COUNCIL OF THE CITY OF period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; ADDING A NEW SECTION TO that the first publication of said notice was contained in the issue of said newspaper on THE CODE OF THE CITY OF FORT P COLLINS TO ESTABLISH A ONE- YEAR LIMITATION FOR THE PROSE- CUTION OF CITY CODE VIOLATIONS IN FORT Tuesday'February9,2016 COLLINS MUNICIPAL COURT ORDINANCE NO.021,2016 OF THE COUNCIL OF THE CITY OF that the last publication thereof was contained in the issue of said newspaper on FORT COLLINS AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF FORT Tuesday,February 9,2016 COLLINS TO UPDATE AND AMEND REQUIRE- MENTS AND PROCEDURES that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at FOR CITY ELECTIONS The full text of these ordinances can be least six months next prior to the first publication of said notice or advertisement above referred to;that said found at http://fcgov.conVpublicnotices newspaper has been admitted to the United States mails as second-class matter under the provisions of the or by tailing the City Clerk's Office at 970-221-6515. Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly 1038445 ' qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Coloradoan Colorado. Feb 9,2016 Legal Clerk Subscribed and sworn to before me,within the County of Larimer,State of Colorado this Tuesday,February 09,2016 NOTARY AWNN ;ARYSTATE OF COLORADO My Commission expires September 3,2019 MY Identification#20154035099 Expires September 3,2019 Notary Public Legal No.0001038445 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared FORT COLLINS,CO 80521 Tuesday.February 9,2016 10:54 am 114� S%Wov Account#: FTC-003160 FORT•COLLINS r Invoice Text COLOR_A_ i NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 7 STATE OF COLORADO ) ss: AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) Andrew Troncoso being duly swom, deposes and says that said is the legal clerk of the Fort Collins Coloradoan; that the same is a daily newspaper of general circulation and printed and JOTICE IS HEREBY GIVEN that the published in the City of Fort Collins, in said county and state; that the notice or advertisement, of Fort Collins city council, on Tuesday, which the annexed is a true copy,has been published in said daily newspaper for February 16, 2016, Passed and adopted the following ordinances on second reading: 1 Day; ORDINANCE NO.016,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS that the notice was published in the regular and entire issue of every number of said newspaper RE- SERVES APPROPRIATING TIHE WATER FUND FOR during the period and time of publication of said notice, and in the newspaper proper and not in a A PROJECT supplement thereof; that the first publication of said notice was contained in the issue of said TO REPAIR A PIPED SECTION OF pp THE MICHIGAN DITCH TUNNEL newspaper on PROJECT ORDINANCE NO.019,2016 Sunday,February 21,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADD(NG A NEW CODE II TO OF THE CITY OF FORT THE that the last publication thereof was contained in the issue of said newspaper on COLLINS TO ESTABLISH A ONE- YEAR LIMITATION FOR THE PROSE. CUTION Sunday,February 21,2016 OF CITY CODE VIOLATIONS IN FORT COLLINS MUNICIPAL COURT The that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the found uatll tahttp://cgov c m/pubIicnot cesxt of these ordinances can e period of at least six months next prior to the first publication of said notice or advertisement above callingor by the City Clerks Office at 970 221 6515. referred to; that said newspaper has been admitted to the United States mails as second-class 1062247 matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said Coloradoan Feb 21,2016 newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me,within the County of arimer,State of Colorado this Monday,February 22,2016 �NNAMAAYLAMA NOTARY PUBLIC STATE jL;7] My Commission expires September 3,2019 My iden*aflon#201 Expires September Notary Public Legal No.0001062247 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared FORT COLLINS,CO 80521 Monday,February 22.2016 11:02 am