Loading...
HomeMy WebLinkAbout126 - 11/15/2005 - AMENDING THE CITY CODE RELATING TO GENERAL PENALTIES ORDINANCE NO. 126, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS RELATING TO GENERAL PENALTIES WHEREAS,staff has recommended that violations of certain Code provisions be designated as civil infractions; and WHEREAS, the General Penalties section of the City Code does not currently provide for penalties for civil infractions; and WHEREAS, Council desires that certain Code section violations be considered civil infractions; and WHEREAS, Council believes it is in the best interests of the citizens to adopt the amendments below. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 1-15 the City Code is hereby amended as to read follows: Sec. 1-15. General penalty and penalty for traffic and civil infractions. (a) Except as to traffic infractions described in (b) below and any other civil infraction specified as such in this Code, 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($1000.)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) A violation of any provision of Chapter 28,Vehicles and Traffic,in this Code or the Fort Collins Traffic Code, shall be deemed to be a traffic infraction if, at the time of the commission of the violation,its counterpart violation under the provisions of Article 4 in Title 42 of the Colorado Revised Statutes,if any,is designated by state law as being a traffic infraction.If no counterpart violation exists under state law,the violation shall be deemed to be a traffic infraction.All other violations under Chapter 28 of this Code or the Fort Collins Traffic Code shall be considered misdemeanors punishable as described in paragraph (a) of this Section. Any person against whom judgment is entered for a traffic infraction under this Code shall be subject to the penalty of a fine not exceeding one thousand dollars ($1,000.) and shall not be subject to imprisonment on account of such judgment. (c) Except as provided in Subsection(d)below,a law enforcement officer,code enforcement officer, the City Attorney or their designees may request that the Municipal Judge order restitution of direct out-of-pocket costs incurred by any victim of a misdemeanor. By way of illustration, such direct out-of-pocket costs may include, but need not be limited to, costs to repair or replace damaged property, medical insurance deductibles, or medical costs directly paid and unreimbursed by any entity other than the victim or the victim's parent or guardian. (d) Restitution through Municipal Court shall not be available for victims of traffic infractions or traffic misdemeanors. (e) Any person convicted of violating the provisions of Chapter 4, Animals and Insects; Chapter 17, Miscellaneous Offenses; or Chapter 20, Nuisances, shall reimburse the city for costs incurred by the city or Poudre Fire Authority in enforcing the provisions of said sections if such enforcement required the use of an extraordinary number of personnel,highly trained personnel,sophisticated equipment or nontraditional methods of enforcement. The amount of such restitution shall be apportioned among multiple defendants involved in the same criminal episode as deemed appropriate by the Municipal Judge, taking into consideration the behavior of the defendant(s), the amount and kind of expenses incurred by the city or Poudre Fire Authority,the number of participants involved in the criminal activity and such other circumstances as the Judge may consider relevant. Notwithstanding the foregoing, if another provision of the Code imposes a more specific restitution requirement that the requirement imposed by this Section, then the Code provision which requires the greater amount or restitution will control. (f) Any person found responsible for a violation of this Code designated as a civil infraction shall pay a civil fine of not more that one thousand dollars ($1,000.) plus costs, damages and expenses as follows: (1) A person found responsible by the Municipal Judge or referee for any violation of this Code charged as a civil infraction shall pay the fine and costs assessed, which may include all costs,direct and indirect, which the city has incurred in connection with the civil infraction. In addition, the Municipal Judge or referee may issue any orders necessary to abate a nuisance. (2) If a defendant fails to answer a citation for a civil infraction or notice to appear in court or before a referee for such infraction, a default judgment shall enter in the amount of the civil penalty plus all costs, expenses and damages. In the event a defendant fails to pay a civil fine,costs,damages or expenses within thirty (30) days after the payment is due or fails to pay a default judgment,the city may pursue any legal means for collection and,in addition, may obtain a lien against the property that was the subject of the violation if the Code violation is designated as a nuisance in Chapter 20, is a violation of Sections 5- 263 through 5-268, or is a violation of Land Use Code Section,3.18.16 and was committed by an owner of the property, as defined in Land Use Code Section 5.1.2. (3) Each act of violation and every day upon which a violation occurs shall constitute a separate offense. Introduced and considered favorably on first reading and ordered published this 18th day of October,A.D. 2005,and to be presented for final passage on the 15th day of November, A.D. 2005. 4 424��'- May r ATTEST: 4'L�' .�'?.'� 4..I — City Clerk Passed and adopted on final reading this 15th day of November, A.D. 2005. 61 �76 W May ATTEST: City Clerk