HomeMy WebLinkAbout1981 Ordinance No. 050• ,.
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ORDINANCE NO.~
SERIES OF 1981
BY AUTHORITY
COUNCIL aILL NO. 49
IN'l'ROUUCED BY COUNCIL
MEMBER KEENA
AN ORDINANCE DECRIMINALIZING VIOLATION OF THE ENGLEWOOD MUNICIPAL
CODE OF 1969 AS AMENDED BY MINORS AND DECLARING AN EMERGENCY.
WHEREAS, juveniles committing acts in violation of the
Englewood Municipal Coae of 1969 as amended are brought before
the Arapahoe County District Court, Juvenile Division; and
WHEREAS, there is a backlog of cases Defore the Juvenile
Division which results in a delay of six months before a case
can oe determined; and
WHEREAS, th~s deLay results in injustice to the victims of
juvenile crime ana disrespect for the American system of justice.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLOKADO:
Section 1. Title I, Chapter 1, Section 20, is amenaed to add
new subsection (c):
1-1-20 (c) No jail sentence shall be imposed upon persons
under the age of eighteen tl8) years. This restriction shall
not apply to persons who are convicted of a violation arising
out of the operation of a motor vehicle. '!'he term "conviction"
as used herein shall include either the entry of a plea of
nolo contendere or guilty to the violation. Any provisions
to the contrary shall not have standing with respect to those
persons under the age of eighteen (18) years.
Section 2. Title I, Chapter 2, Section 1, is hereby amended
to read as follows:
1-2-1: GE NERAL PENALTY; CONTINUING VIOLATIONS;
FINES AND IMPRISONMENT
(a) 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 Code or
any secondary code adopted herein, and where no specific
penalty is provided therefor, the violation of any provision
of this Code or of any secondary code adopted herein shall
be punished by a fine not exceeding three hundred dollars
or imprisonment for a term not exceeding ninety days or by
both such fine and imprisonment, the amount of such fine
or term of such imprisonment to rest within the discretion
of the Municipal Judge. The imposition of one penalty
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shall not excuse any violation nor permit it to continue.
Unless otherwise indicated, a separate offense shall be
aeemed committed upon each day or portion thereof dur-
ing or on which any violation of any provision of tnis
code or a n y secondary code adopted herein occurs or
continues.
(b) NO JAIL SENTENCE SHALL BE IMPOSED UPON PERSONS
UNDER THE AGE OF EIGHTEEN (lH) YEARS. THIS RESTRIC-
TION SHALL NOT APPLY TO PERSONS WHO ARE CONVICTED OF
A VIOLATION ARISING OUT OF THE OPERATION OF A MOTOR
VEHICLE. THE TERM "CONVICTION" AS USED HEREIN SHALL
INCLUDE E!THER THE ENTKY OF A PLEA OF NOLO CONTENDERE
OR GUILTY TO THE VIOLATION. ANY PROVISIONS TO THE
CONTRARY SHALL NOT HAVE STANDING WITH RESPECT TO THE
PERSONS UNDER THE AGE OF EIGHTEEN ll8) YEARS.
Section 3. An emergency is hereby declared in that for the
protection of the health, safety and welfare of the City of
Englewood, it is n ecessary to prosecute violations of the
Englewood Municipal Code by minors in the Municipal Court of
tne City of Englewood in a prompt and speedy manner ..
Introduced, read in full, and passed on first reading on
the 15th day of June, 1981.
Published as a Bill for an Ordinance on thel7th day of
June, 1Y81.
cl~~ Read by title and passed on final reading on the day
of "Jone, 1981.
Published by title as Ordinance No.~(2 , Series of 1981,
on the~ day of tJUV\e..) 1981.
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Attest:
'Eug~ L. Otis, Mayor
~~d--~ ex~io~}clirt: asurer
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood , Colorado, hereby certify that the foregoing
is a true, accurate and complete copy of the Ordinance pa~sed
on final reading and published by title as Ordinance No.~ ,
Series of 1981. ·
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