HomeMy WebLinkAbout066 - 06/15/2010 - AMENDING SECTION 1-15 OF THE CITY CODE RELATING TO GENERAL PENALTIES ORDINANCE NO. 066, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 1-15 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO GENERAL PENALTIES
WHEREAS, under Section 1-15(g) of the City Code, a traffic calming surcharge of$35 is
assessed to fund traffic calming measures and programs developed and implemented by
Transportation Services and Police Services to promote and enhance traffic safety; and
WHEREAS, this surcharge was made applicable to violations by bicyclists when the City
Council amended this section of the City Code on January 5, 2010, by adoption of Ordinance No.
136, 2010; and
WHEREAS, the intent of the amended language was to apply the surcharge only to those
violations by bicyclists and operators of motor vehicles ("motorists") that would result in the
assessment of one or more points against the driving record of the operator of the vehicle, or, in the
case of a bicyclist would have resulted in the assessment of one of more points were the bicycle a
motor vehicle, and
WHEREAS,the language added by the amendment may be construed to apply the surcharge
to any and all violations of the Traffic Code by bicyclists and motorists; and
WHEREAS, the City Council wishes.to further amend the language of Section I-15(g) in
order to clarify the circumstances when the surcharge should be applied to violations committed by
bicyclist and motorists; and
WHEREAS, toward this end, City staff has recommended that the language of Section 1-
15(g) be revised so that the surcharge clearly applies only to motorists who are subject to an
assessment of one point or more, and to bicyclists who would be subject to the same if they were
driving a motor vehicle; and
WHEREAS, the City Council believes that the recommended amendment is in the best
interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section I-15(g) of the City Code is hereby amended to read as follows:
Sec.1-15. General penalty and surcharges for misdemeanor offenses, traffic
offenses and traffic and civil infractions.
(g) Assessment of traffic calming surcharge. A surcharge of thirty-five dollars
($35.) 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 person who:
(1) after a trial or hearing before the Court, a hearing officer, a referee or a jury,
is found guilty of operating a motor vehicle in violation of any provision of
the Fort Collins Traffic Code violation involving the operation of a vehicle
as defined in Fort Collins Traffic Code Section 2002(42) for which the
Department of Revenue has assigned a penalty of one (1) or more points, or
of operating a bicycle or electric assisted bicycle in violation of any such
provision, as the same has been made applicable to the operators of bicycles
and electric assisted bicycles through Section 1412(1) of said Code-,
(2) pleads guilty or no contest to, or enters an Alford plea to, any such violation
pursuant to any plea agreement; or
(3) accepts an early payment discount in a case where the citation was issued for
such a violation.
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,considered favorably on first reading,and ordered published this 1 st day of June,
A.D. 2010, and to be presented for final passage on the 15th day ne, A.D. 2010.
Mayor
TTEST:
City Clerk
Passed and adopted on final reading on the l 5tAof A.D. 2010.
ATTEST:
L
City Clerk