HomeMy WebLinkAbout003 - 01/21/2014 - AMENDING SECTION 1-15 OF THE CITY CODE RELATING TO GENERAL PENALTIES ORDINANCE NO. 003, 2014
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, Article XX, Section 6(h) of the Colorado Constitution grants to home rule
municipalities all powers necessary, requisite, or proper for the government and administration
of their local and municipal matters, including the power to legislate upon, provide, regulate,
conduct and control the imposition, enforcement and collection of fines and penalties for the
violation-of any provision of its charter, or of any ordinance adopted in pursuance of its charter;
and
WHEREAS, the Colorado Supreme Court has held that establishing and imposing fines
and other penalties for ordinance violations is a proper exercise of home rule authority.under
Article XX, Sec. 6, Colorado Constitution; and
WHEREAS, pursuant to Article VII, Section 1 of the City Charter, and Chapter 19,
Article 1 of the City Code, the City has established a Municipal Court of record to.hear and try
all alleged violations of the ordinances of the City; and
WHEREAS, under Article VII, Section 2 of the City Charter, the maximum penalty for
violating the ordinances of the City is to be set by the City Council by ordinance; and
WHEREAS, under Section 1-15 of the City Code, the maximum monetary penalty that
the Municipal Judge may currently impose is $1,000, except as may be specifically provided for
a particular violation; and
WHEREAS, this $1,000 penalty has not changed since Ordinance 004, 1990 became
effective on February 16, 1990; and
WHEREAS, by adoption of House Bill 13-1060, the State of Colorado has amended
Section 13-10-113, C.R.S., to increase the maximum fine amount which a municipal court may
impose for violation of a municipal ordinance from $1,000 to $2,650, and
WHEREAS, the Municipal Court Judge and City Attorney recommend that the City
increase its maximum fines accordingly to ensure that the City's fines are consistent with those
of other municipalities in the state; and
WHEREAS, during the 2013 legislative session, the General Assembly further amended
Section 13-10-113, C.R.S., to state that the limitation on municipal court fines is to be adjusted
for inflation on January 1 of each calendar year; and
WHEREAS, "inflation" is defined in the statute to mean the annual percentage change in
the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for
Denver-Boulder, all items, all urban consumers, or its successor index; and
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WHEREAS, the City Council wishes to increase the maximum monetary penalty which
the Municipal Court may impose to conform to state law; and
WHEREAS, the City Council believes that these fines should be adjusted for inflation on
January 1 of each year
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 1-15(a) of the City Code is hereby amended to read as follows:
See. 1-15. General penalty and surcharges for misdemeanor offenses, traffic
offenses and traffic and civil infractions.
(a) Except as to traffic infractions described in Subsection (b) below and any other
civil in-fraction specified as such in this Code, any person who shall violate any
provision of this Code, the Charter or any provision of any code or other regulation
adopted by reference by this Code, by doing any act prohibited or declared to be unlawful
thereby, or who shall engage in any business, occupation or activity for which a license
or permit is required without having a valid license or permit therefor, or who shall fail to
do any act required by any such provision, or who shall fail to do any act when such
provision declares such failure to be unlawful or to be an offense or misdemeanor, shall
be guilty of a misdemeanor and, upon conviction, shall be punished by the penalty
specifically provided for such violation or, if none, then by a fine not exceeding two
thousand six hundred fifty dollars ($2,650.) or by imprisonment not exceeding one
hundred eighty (180) days, or by both such fine and imprisonment, in addition to any
costs which may be assessed. No person under the age of eighteen (18) years as of the
date of the offense shall be subject to imprisonment except in the case of failure to
comply with a lawful order of the court, including an order to pay a fine, and then only in
the manner provided in Section 13-10-113, C.R.S., and the Colorado Children's Code,
Section 19-1-101 et seq., C.R.S. Each day upon which a violation continues shall
constitute a separate misdemeanor offense unless some other specific time period is
provided for any particular offense. The maximum fine set forth above shall be adjusted
for inflation on January 1 of each calendar year. For the purpose of this provision,
inflation shall mean the annual percentage change in the United States Department of
Labor, Bureau of Labor Statistics, consumer price index for Denver-Boulder, all items,
all urban consumers, or its successor index.
(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 Subsection (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 two thousand six hundred fifty dollars
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($2,650.), and shall not be subject to imprisonment on account of such judgment. The
maximum fine set forth above shall be adjusted for inflation on January 1 of each
calendar year. For the purpose of this provision, inflation shall mean the annual
percentage change in the United States Department of Labor, Bureau of Labor Statistics,
consumer price index for Denver-Boulder, all items, all urban consumers, or its successor
index.
(f) Except as provided in Paragraph (4) below, any person found responsible for a
violation of this Code designated as a civil infraction shall pay a civil penalty for such
infraction of not more than two thousand six hundred fifty dollars ($2,650.). Said amount
shall be adjusted for inflation on January 1 of each calendar year. For the purpose of this
provision, inflation shall mean the annual percentage change in the United States
Department of Labor, Bureau of Labor Statistics, consumer price index for Denver-
Boulder, all items, all urban consumers, or its successor index, plus costs, damages and
expenses as follows:
Introduced, considered favorably on first reading, and ordered published this 7th day of
January, A.D. 2014, and to be presented for final passage on the 21 st day of January, A.D. 2014.
K *..'• •�u' Ma r
ATTEST: U U A
4n & Y .�O
City Clerk
Passed and adopted on final reading on the 21st day of January, A.D. 2014.
ATTEST: FORT C04�/�
Mayor
City Clerk 'i� •'O
COLO
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