HomeMy WebLinkAbout2014 Ordinance No. 044ORDINANCE NO. '-P/-
SERJES OF 2014
BY AUTHORilY
COUNCIL BILL NO. 48
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AMENDING TITLE 1, CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL
CODE 2000, ENTITLED GENERAL PENALTY.
WHEREAS, during the 2014 Colorado legislative session HB 14-1061 was passed that
affected all courts in the State of Colorado and their processes for issuing what has been referred
to as "pay or serve" warrants; and
WHEREAS, while the Englewood Municipal Court has always had procedures in place to
ensure that no defendant ever was held in the jail for failing to pay a fine simply because they
were indigent, this new law essentially eliminated a Court's ability to utilize most "pay or serve"
warrants; and
WHEREAS, based on the new statewide mandate that includes all municipal home rule
courts, Englewood's Code provisions need to be modified; and
WHEREAS, the Court and Prosecution have been pro-active in dealing with this situation and
have implemented a variety of other tools that will help with the collection of fines, service of
jail sentences, and the reduction of recidivism; and
WHEREAS, in 2013, the Colorado Revised Statutes were amended to permit municipalities to
increase their maximum fines up to $2,650.00 for any traffic or ordinance violation; and
WHEREAS, as some violations have become more complex over time, the Court seeks the
opportunity to have this maximum allowable amount available when the circumstances warrant
such action.
NOW, THEREFORE, BE IT ORDAJNED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 1, Chapter 4, Sections 1, 4, and 6, entitled General Penalty of the Englewood Municipal
Code 2000, to read as follows:
1-4-1: General Penalty.
A. Fine; Imprisonment: It shall be unlawful for any person to violate, disobey, omit,
neglect, refuse or fail to comply with or resist the enforcement of any provision of this
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Code or any secondary code adopted herein. Except as otherwise specifically provided
for in this Code, the violation of any provisions of this Code or of any secondary code
adopted herein shall be punished by a fine not exceeding eae thoYSaad dellars m:g
thousand six hundred and fifty dollars ($1,000.00 2,650.00) or imprisonment for a term
not exceeding three hundred sixty (360) days or by both such fine and imprisonment.
The imposition of one (1) penalty shall not excuse any violation nor permit it to
continue. Unless otherwise indicated, a separate offense shall be deemed committed
upon each day or portion thereof during or on which any violation of any provision of
this Code ill or any secondary code adopted herein occurs or continues.
B. No Jail Sentence for Juveniles: No jail sentence shall be imposed upon persons under the
age of eighteen (18) years.
C. Trial By Jury for Juveniles: No child wider the age of eighteen (18) years shall be
entitled to a trial by jury for a violation of a municipal ordinance for which imprisonment
in jail is not a possible penalty; except that such a child is entitled to a trial by jury for
any offense which would be a Class 1 misdemeanor under a State counterpart statute.
D. Every person convicted of a violation of any provision stated or adopted which is
designated as a "traffic infraction" and for which a penalty is paid or payable at the
"Traffic Violations Bureau" shall be punished by a penalty not exceeding oae thou,saae
two thousand six hundred and fifty dollars ($1,000.00 2650.0Q). There shall be no
imprisonment for traffic infractions.
1-4-2: Cumulative Remedies.
A. Whenever any act or condition is herein declared to be, or constitutes, a nuisance or
provides a cause of action for injunction or other civil remedy, the said remedies shall be
considered to be cumulative, and in addition to the penalties hereinabove provided, an
action for abatement, injunction or other civil remedy may be brought against such violator.
B. The suspension or revocation of any license, pennit or other privilege conferred by the City
shall not be regarded as a penalty for the purposes of this Code.
C. When work or activity for which a permit or license is required by this Code or any code
adopted herein is commenced without first having acquired such permit or license, the
specified fee shall be doubled, but the payment of such double fee shall not relieve any
person from fully complying with all the requirements of this Code or any code adopted
herein, nor from any other prescribed penalties. Payment of such double fee or any wipaid
portion thereof may be compelled by civil action in any court of competent jurisdiction.
The acceptance of any portion less than the entire amount of such double fee by any officer
or employee of the City shall not constitute a waiver or release of the balance thereof.
1--4-3: Presumption of Responsibility, Liability.
A. Responsible Persons. The occupant of any premises upon which a violation of any
provisions of this Code or of any code adopted hereby is apparent, the owner of any object
or material placed or remaining anywhere in violation of any provision of this Code or of
any code adopted hereby, and the occupant of any premises served by any excavation or
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structure illegally made or erected shall be deemed prima facie responsible for the violation
so evidenced, and subject to the penalty provided therefor.
B. Criminal Liability of a Person/or Corporate Conduct. An individual is criminally liable for
conduct constituting a violation of any Englewood Municipal ordinance which he performs
or causes to occur in the name of or in behalf of a corporation to the same extent as if that
conduct were performed or caused by him in his own name or behalf.
-1--4-4: Failure te Pa~• Fiue, lmpriseemeet.
tf aa-y 13ef5oB shall eegleet er re~e te satisfy aa-y H:Be impesed fer a v4elatioe of this Code er
aa-y ooee aeoptee hereiB, upee ofEler ef the MYBieipal Cow:t, he shall 1:Je eommitteEi to the City
jail llfNil !n!ehjuEigHteet aeEi eests aFe fl:l:lly satiseeEl; pre•/4defl that ae sueh imprisoement shall
eMoeed Bieety (90~ days fer aey eee offeese.
1-4-5: Power to Pardon.
The Mayor shall have power to grant pardons and to remit fines and penalties imposed for the
violation of any section of this Code, but in every case where he exercises this power, he shall
report such action to the City Council at its next meeting, with his reasons therefor.
1-4-(t: City Jail; Cenfinemeets.
A. Jail ReeB,-d BBBI:. The City sha-11 maimai:B a jail hook iB vffiieh sh&ll he eeteree the
feU0 11riag iBfeHBatioe relati:i,•e to eaeh 13ersoe reeei;r,•eel, Eietai:Bee er efElereEl ee~ed iB the
City jail: the jail serial BHRH1er assigeeel, the aame, age, seM, resideeoe, oharge, seeteeee,
Elate aae time reeei'led, date aad time released aed tfte eredits alloweEl fer •,TJel'le assigeed er
geeEl hehav4er.
R l'-eFsBff-!I Gs,efiHed ~e(fNired lfJ We,-lr. l'aty persoe eommi~es to jail fer a Y4olatioe of the
Code may he re~eEi to wol'le fer the City at saeh laeor as may he desigeates ey the City
Maaager or elesigeee, •.vithin or Yl¼thout the jail, eot e~Eeeeding tee (10~ hol:H'S for eaea
werleiBg ~•.
C. C-redits lssHed.
1. Credit BH Jail &HteHee. The City Maeager sha-11 hw.ie the pewer to reeaoe the
seeteeee of a persoe eoefuies YBEler a jail senteeee imposed upoe him, where the
persoe so eoefiaeEl dees all werle assigeed to him; aeides hy tfte rules of the jail
BBEl all iBswe~eR5 gP,'eR mtB; BBEi etherwise eeeeuets h:iff!Self i:B a preper FB8ilfier.
Saea reduetioa ef senteaee heeause of geed eoesuet sha-11 he eemputee oee d&y fflr
eaea two (2) elays seF¥eEi se that eaeh three (3) says efhis seeteeee ma-y tffl:15 ee
sen1eel iB twe (2) says.
2. Credit BH Pine. A»y persoe impriseaes fer ao1:1pa;iment ef a fiBe, wao is reetaires
to worle fer the C~y as pro'lieled herei:e., saall ee alle 1,¥es, e*8lusi-¥e efhis hoard,
the additioeal eredit of two eollars ($2.00) per d&y fer eaeh day's work; oe aeeoYBt
ef sueh H:Be aed easts.
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Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances.
Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 5. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 4th day of August, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 8th day of
August, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 6th day of
August, 20 I 4 for thirty (30) days.
Read by title and passed on final reading on the 18th day of August, 2014.
Published by title in the City's official newspaper as Ordinance No. tft/-, Series of 2014, on
the 22nd day of August, 2014.
Published by title on the City's official website beginning on the 20th day of
August, 2014 for thirty (30) days.
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This Ordinance shall take effect thirty (30) days after publication following final passage.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is !1, ;rpe copy of the Ordinance passed on final reading and published by
title as Ordinance No. !:f:::t Series of 2014. .
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
August 4, 2014 9 a i Amendments to EMC 2000 § 1-4-1
General Penalty
Initiated By: Staff Source:
City Attorney Tamara Wolfe, Court Administrator
Municipal Court Daniel Brotzman, City Attorney
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council reviewed these proposed ordinance amendments at their July 21, 2014 study session.
RECOMMENDED ACTION
The City Attorney and Municipal Court recommend that Council approve a Bill for an Ordinance
amending the maximum fine amount from $1000 to $2650. Additionally, we are recommending
the deletion of Englewood Municipal Code sections 1-4-4 and 1-4-6 in their entirety.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
These changes will allow Englewood Municipal Court to be in alignment with most other metro
area jurisdictions regarding the allowable maximum penalties. The increase in fines will give the
Municipal Judge an increase in flexibility to utilize higher fines to encourage compliance in more
complex matters before the Court. Additionally, the deletion of the sections of the Ordinances as
outlined will comply with State mandated laws that prohibit warrants being issued for the sole
purpose of time being served in lieu of collecting unpaid fines without indigent status being
determined.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for an Ordinance