HomeMy WebLinkAbout115 - 09/16/2014 - AMENDING SECTIONS 19-6, 19-67, AND 19-69 OF THE CITY CODE PERTAINING TO THE RULES FOR CIVIL INFRACTI ORDINANCE NO. 115, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 19-66, 19-67, AND 19-69 OF
THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO THE RULES FOR CIVIL INFRACTIONS
WHEREAS, over the past several years, the City Council has decriminalized certain
minor violations of the Municipal Code by making those offenses civil infractions instead of
criminal misdemeanors; and
WHEREAS, the Neighborhood Services Manager and the City Forester have transferred
civil infraction citation payment processing functions to the Municipal Court in order to more
efficiently process and track those citations and reduce redundancy, as the Municipal Court is
better equipped to handle the high volume caseloads; and
WHEREAS, the City. Council believes it would be in the best interests of the City to
approve of the recommended amendments to the City Code in order to provide for the payment
of all civil infraction citations through the Municipal Court.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 19-66 of the Code of the City of Fort Collins is hereby
amended to read as follows:
See. 19-66. Payment without appearance.
(a) The Municipal Court Clerk shall accept payment in full of the amount due for a civil
infraction citation by a defendant without an appearance before the Municipal Court if
payment is made after the issuance of the charging document and prior to the date and
time scheduled for the first hearing, provided that the Municipal Court Clerk has a copy
of the charging document. Such payment shall be separately accounted for and deposited
into the city's general fund in accordance with rule and procedures of the Finance
Department.
(b) Payment of the total penalty, costs and fees shall constitute a waiver by the
responsible party of all rights and acknowledgement of liability.
(c) Such payment shall constitute an entry and satisfaction of judgment.
(d) Payment of the penalty and costs shall not excuse the failure to correct violations nor
shall it bar further enforcement by the City.
Section 2. That Section 19-67 of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 19-67. Hearing procedures.
(a) If a defendant wishes to contest a civil infraction citation he or she shall appear
before the Municipal Court at the time scheduled for first hearing.
(b) The hearing of all civil infractions shall be conducted pursuant to the Colorado Rules
of Evidence and the order of proceedings shall be those followed by the Municipal Court
in offenses tried to the Municipal Judge,except as otherwise specifically stated herein.
(c) The City and the defendant may be represented by counsel.
Section 3. That Subsection (c) of Section 19-69 of the Code of the City of Fort
Collins is hereby amended to read as follows:
Sec. 19-69. Judgment and procedures after hearing.
(c) The judgment shall be satisfied upon payment to the Municipal Court in the
total amount of penalty, costs and fees assessed.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D.
2014.
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Passed and adopted on final reading on the 16th day of September, A.D. 2014.
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