HomeMy WebLinkAbout004 - 02/06/1990 - AMENDING CITY CODE RELATING TO THE GENERAL PENALTY FOR VIOLATIONS OF THE CODE ORDINANCE NO. 4, 1990
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 1-15 OF THE CODE OF
THE CITY OF FORT COLLINS RELATING TO THE
GENERAL PENALTY FOR VIOLATIONS OF THE CODE
WHEREAS, the federal general pretreatment regulations for existing and
new sources of industrial effluent require wastewater utilities to have
authority to seek criminal penalties in at least the amount of One Thousand
Dollars ($1,000) a day for each violation by Industrial Users of
Pretreatment Standards and Requirements; and
WHEREAS , pursuant to Article XX, Section 6 of the Colorado
Constitution, the imposition of fines and penalties for violations of
municipal ordinances and charter violations is a matter of local concern;
and
WHEREAS, pursuant to Colorado law, the maximum penalty for misdemeanor
offenses where no other penalty is fixed in the statutes may not exceed One
Thousand Dollars ($1,000) per offense; and
WHEREAS, the Council has determined that it is in the best interests
of the citizens of the City that Section 1-15 of the Code of the City be
amended to increase the maximum fine allowable for violations of the Code
and Charter of the City from Nine Hundred Dollars (S?00) to One Thousand
Dollars ($1 ,000) per violation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 1-15 of the Code of the City of Fort Collins is hereby
amended to read as follows:
(a) Except as to traffic infractions described in (b)
below, any person who shall violate any provision of this Code,
the Charter or any provision of any code or other regulation
adopted by reference by this Code, by doing any act prohibited or
declared to be unlawful thereby, or who shall engage in any
business, occupation or activity for which a license or permit is
required without having a valid license or permit therefor, or
who shall fail to do any act required by any such provision, or
who shall fail to do any act when such provision declares such
failure to be unlawful or to be an offense or misdemeanor, shall
be guilty of a misdemeanor and, upon conviction, shall be
punished by the penalty specifically provided for such violation
or, if none, then by a fine not exceeding one thousand dollars
($1 ,000. ) or by imprisonment not exceeding one hundred eighty
(180) days, or by both such fine and imprisonment, in addition to
any costs which may be assessed. No person under the age of
eighteen (18) years as of the date of the offense shall be
subject to imprisonment except in the case of failure to comply
with a lawful order of the court, including an order to pay a
fine, and then only in the manner provided in Section 13-10-113,
C.R.S. , and the Colorado Children's Code, Section 19-1-101 et
seq. , C.R.S. Each day upon which a violation continues shall
constitute a separate misdemeanor offense unless some other
specific time period is provided for any particular offense.
(b) Any person who shall violate any provision of Chapter
28, Vehicles and Traffic, other than those classified by the
Motor Vehicle Division of the Colorado Department of Revenue as
six-point or greater offenses shall be guilty of a traffic
infraction and, upon conviction, shall be punished by a fine not
exceeding one thousand dollars ($1,000. ) . A violation of a
provision classified by such division as a six-point or greater
offense shall be considered a misdemeanor, punishable as
described in (a) above.
Introduced, considered favorably on first reading, and ordered
published this 16th day of January, A.D. 1990, and to be presented for
final passage on the 6th day of February, A.D. 990.
ayor
ATTEST: Kum
City Clerk
l�
Passed and adopted on final reading thi 6th day of February, A.D.
1990.
ayor
ATTEST: t� �\ u City Clerk