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HomeMy WebLinkAbout121 - 10/06/2015 - AMENDING SECTION 1-15 OF CITY CODE REGARDING THE APPLICATION OF THE TRAFFIC CALMING SURCHARGE TO BIC ORDINANCE NO. 121, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 1-15 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING THE APPLICATION OF THE TRAFFIC CALMING SURCHARGE TO BICYCLE TRAFFIC INFRACTIONS WHEREAS, bicycles are motor vehicles pursuant to the Fort Collins Traffic Code and the State of Colorado; and WHEREAS, in 2005, City Council passed Ordinance No. 167, 2005, which created a Traffic Calming Surcharge ("TCS") on certain moving violations, to be used to fund the traffic calming measures and programs developed and implemented by Transportation Services and Police Services associated with the traffic calming program; and WHEREAS, in 2009, City Council passed Ordinance No. 136, which extended the TCS , to bicyclists based on the increasing number of bicycle-involved accidents and bicycle-involved moving violations, and the resulting increase in the use of the Traffic Enforcement Unit's resources; and, WHEREAS, City staff has been tasked by the City of Fort Collins 2014 Bicycle Master Plan to increase ridership and to improve safety of bicycles in the City while also providing an opportunity to take the City Bicycle Traffic Citation Course; and WHEREAS, City staff has recommended the Fort Collins Municipal Court level all fines for all first-time bicycle violations to $50; and WHEREAS, the TCS has collected a minimal amount of revenue each year and is a cost that cannot be eliminated by a municipal prosecutor during a plea bargaining process; and WHEREAS, staff has concluded that the TCS has not had a positive impact on bicyclist behaviors and compliance; and WHEREAS, staff is seeking a more effective means to influence bicyclist behavior and to increase the level of safety and compliance by bicyclists; and WHEREAS, by leveling all of the bicycle violation fines and eliminating the TCS on bicycle violations, the prosecutor in his or her discretion on a case-by-case basis will be able to offer the City's Bicycle Traffic Citation Course, when appropriate in lieu of the $50 fine, and in that circumstance, the total cost will be $35 in court costs; and WHEREAS, staff believes that the option to enter into this type of plea negotiation would increase the incentives for bicyclists who receive bicycle violations to participate in the City's Bicycle Traffic Citation Course, which is expected to improve bicycle safety in the City; and r - 1 - WHEREAS, the City Council has determined that removing bicycles from the ambit of the TCS is in the best interest of the City and will advance the health, safety and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 1-15(g)(1) of the Code of the City of Fort Collins Fort Collins 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 for which the Department of Revenue has assigned a penalty of one (1) or more; Introduced, considered favorably on first reading, and ordered published this 15th day of September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D. 2015. soar c�< •.tiN Mayor ATTEST: :o0 •COLORP City Clerk - 2 - Passed and adopted on final reading on the 6th day of October, A.D. 2015. OF FORT \-k ,...... ., SEAL Mayor ATTEST: �.......•.o CORAL City Clerk - 3 -