HomeMy WebLinkAbout167 - 12/20/2005 - AMENDING THE CITY CODE RELATING TO GENERAL PENALTIES (TRAFFIC TICKET SURCHARGE) ORDINANCE NO. 167, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS
RELATING TO GENERAL PENALTIES
WHEREAS, the City's 2006-2007 biennial budget includes an appropriation for
implementation of a new traffic calming program; and
WHEREAS, the aforementioned traffic calming program will add up to two police officer
include educational facility and si na a components;and
positions for traffic enforcement and may ,
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WHEREAS,the total amount included in 2006 for the traffic calming program is$240,000;
and
WHEREAS,the City Council believes it is reasonable and appropriate that persons who are
involved in contributing to the City's traffic problems should also contribute monetarily to the
solution through the imposition of a surcharge on moving violations; and
WHEREAS, the estimated revenue likely to be generated by a$35 surcharge in 2006 would
be approximately $260,000; and
WHEREAS,Council believes that the revenue collected from the proposed surcharge should
be used to fund the traffic calming measures and programs developed and implemented by
Transportation Services and Police Services associated with the newly created traffic calming
program; and
WHEREAS,Council specifically finds and determines that the creation of the traffic calming
surcharge is consistent with the City's powers as a home rule municipal corporation, and that the
exercise of said powers in the manner set forth herein is in furtherance of the public health, safety
and welfare.
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 surcharges for misdemeanor offenses, traffic
offenses and traffic and civil infractions.
(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 and any surcharge,the total of which is not to exceed one thousand
dollars ($1,000.) and shall not be subject to imprisonment on account of such
judgment.
(g) Surcharges.
Assessment of traffic calming surcharge. A surcharge of thirty-five dollars ($35.00)
shall be assessed by the municipal court as set forth in this section and shall be in
addition to court fines, costs, other surcharges and fees. Said surcharge shall be
assessed against any defendant who,after a trial to the court,referee or jury,is found
guilty of any Fort Collins Traffic Code violation to which the state Department of
Revenue has assigned one (1) or more points or who pleads guilty or no contest to
or who enters an Alford plea to such violation pursuant to any plea agreement. If an
early payment discount or other plea bargain is accepted, the surcharge will be
assessed if the original charge on the summons or penalty assessment carries one(1)
or more points. Said surcharge shall be assessed at the time of disposition by the
Municipal Court and shall be dedicated by the Finance Department and exclusively
spent for traffic calming expenditures, including, but not limited to training,
education, signage, facilities, public education and additional traffic enforcement
police officers and equipment.
Introduced and considered favorably on first reading and ordered published this 29th day of
November, A.D. 2005, and to be presented for final passage on the 20th day of December, A.D.
2005.
Mayor
ATTEST:
401A�L� 114.
City Clerk
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Passed and adopted on final reading this 20th day of P109ember, A.D. 2005.
May
ATTEST:
1
City Clerk
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