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HomeMy WebLinkAbout056 - 04/15/2014 - AMENDING SECTION 19-62 OF THE CITY CODE PERTAINING TO THE HANDLING OF CIVIL INFRACTIONS ANDMISDEMEAN ORDINANCE NO. 056, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 19-62 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE HANDLING OF CIVIL INFRACTIONS AND MISDEMEANOR OFFENSES WHEREAS, on February 19, 2013, the City Council adopted Ordinance No. 021, 2013, amending Chapter 4 of the City Code, which decriminalized certain minor offenses related to the care and keeping of animals, making those offenses civil infractions instead of criminal misdemeanors; and WHEREAS, the more serious offenses relating to the care and keeping of animals remained misdemeanors; and WHEREAS, under the current City Code, when one incident involves offenses constituting both a misdemeanor and a civil infraction, officers must write two separate citations, potentially subjecting the defendant and the City to two separate judicial proceedings; and WHEREAS, City staff has recommended, and the City Council agrees, that civil infractions and misdemeanors arising out of one incident should be governed by the rules and statutes applicable to misdemeanor offenses. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 19-62 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-62. Scope, purpose, and application. a. These rules are promulgated pursuant to Article VII of the Charter to govern practice and procedures for the. handling of civil infractions. The purpose of these rules is to provide for the orderly, expeditious and fair disposition of such infractions. b. In any action in which the commission of a civil infraction and a misdemeanor offense are alleged in one (1) complaint, the action shall be treated as one (1) proceeding governed by the rules and statutes applicable to the alleged misdemeanor offense. - 1 - Introduced, considered favorably on first reading, and ordered published this 1st day of April, A.D. 2014, and to be presented for final passage on the 15th day of April, A.D. 2014. DAL :: Nl4yor ATTEST:City Clerk , Passed and adopted on final reading on the 15th day of April, A.D. 2014. ATTEST: 'XLa •N Y M yor pp lvG'/V� City Clerk O, • - 2 -