HomeMy WebLinkAbout1985 Ordinance No. 049•
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ORDINAICE i'IJ. 4 q
SERIES OI:' 198_5 __
BY Alll'HORITY
COUN'.:IL BILL NO. 44
INTRODOCID BY COUN'.:IL
MEMBER NFAL
AN ORDINI\N'.:E REQUIRING REST I TUTION TO BE PAID BY DEFSNDANTS FOUND
QJIL'rY OF [»>..'!AGING OR DESTROYING PERSOI-U\[, PROPERTY OR CF CAUSING
BODILY INJURY OR OTHER DI\MAGF.S TO WEIR VICTIMS.
WHEREAS , the City Council of the City of El"lglewood , Colorado ,
is concerned that the re are an increasing mrnber of victims of
viol ators of city ordinances who suffer Wldue hardship by v irt ue of
physical injury or loss of property; and
WH EREAS , persons found guilty of causing such suffering
should be wider a moral and legal obi igation to make adequate
restitution to the inj ured by the ir conduct; and
WHEREAS , r estitution provided by viol at,,rs of Englewoo:l
ordi nan ces to the ir victims may be an instrumen t of rehabilitation
for violators ;
NO,I , WEREFORE, BE IT ORDAINED BY 1'HE c1 •ry COUN'.:IL OF THE
C ITY OF ENGLEl'/000 , COLORADO , AS t'OLLO<IS :
Sect ion l. 1ha t Englewood 1'\Jnicipal Code '69 is hereby
amende:l by adding Q-iapter 20 .5 t o Title I , whir.h section shall read
as follows :
1-20 . 5-1: REST!Tlll'!ON TO VICTIMS OI:' ORDINI\N'.:E VIOLATIONS
('1) Upon conv i c tion of a defendant i n any offense in which the
conduct of the defendant res ulted in loss or damage to the ,>roperty
of anothe r or cause bcx:1ily i njury to another , the court shal 1 , as a
corx:lition of probation or as a mit igating factor in imp:>sinrJ any
punishme nt , provide that the defen1ant make restitut ion to the
vic tim of his conduct for the actual damages which ..ere s,·.stained .
SUch restitution shall be ordered oy the coort a s a c o,>:litior of
probat ion or as a cor>.lition of mitiga ting any punishment.. fue
amoun t of --:h restitution shal l be based on the actua~ pecuniary
damages su, .i ined by the victim, the abi li ty of the defendant t o
pay a,-.:1 the defendant's ob ligation to support his dependents and
other fami ly obligations . such .,estitution may be paid to the
office of the City Attorney for d,apo sit into t he Ci t y's treasury
and repayment therefran to the v i;tim . If the court finds, based
upon clear anc:1 convincing ev idence , that such rest itution shall
work a n und ue hardship on the defe ndant and his family, the court
may wai ve the ma kiny o f such restitution , in ...tlole or i n part. '!tie
c ou r t is authorized to monitor SJch payment of res titution by
setting pe nalty hea r 1ng at reas c nabl e inte rv als to receive reports
of partial paymen ts made a nd , fer this purpose , may contin ue the
penal ty hear ings .;,t ['B Eiees witAiA a :!4--RtA ~l,ee. If the
defendant fa ils to make rest itution as ordered by the court , any
sent ence imposed will inclu:le un suspended con fi nemen t of not less
than 30 da ys FOR AN ADULT DEFENDANT. '!he court has the authori ty
t o deL,y impoaing a puni shment until either the def end ant has
satis fied the pay i ng of resti tut i on or the Cour t has determined
that no resti t ution will be paid . TH E REQU!RE1'1mf OF RESTITUTION
SHALL BE DEEMED SATISFIED I F TH E DEFENDANT PRESENTS A SJQIED
"RELEASE" FR0-1 THE VICTIM 'TO THE CLERK OF TH E COURT UPON A FORM
PROVID ED BY THE PROSECllr ING /\'ITORN EY. THE CLERK AND/OR THE
PROSEClll'ING ATl'ORNEY MAY COITT/\CT THE VICTIM 'TO VERIFY TH E
Al!rHENT IC ITY OF THE EXECITTIO N OF THE "RELEASE" PRIO R 'TO
SAT ISFACTION OF THE REQU!RE1'1ENT OF REST!Tl!r!ON .
(b) v.h en as a result of ,J plea bargain ag r eanen t or when a
defendant i s orde red t o make restitut ion pursuant to Section l
above , t he City Attorney 's office supervising the collections of
such res ti tut i on may assess a eAaE<Je 9£ $,5 II REASO NABLE CH.~RGE to
the defend anL upon r ecei ving of a bad chec k as r estitut ion
pa ymen t , SUCH CHARGE ro BE BASED UPON THE REASONABLE COST OF
PROC ESSING A REQUEST FOR AND OB 'fAINING THE PAYMmr DUE FllCM ·mE
DEFE.'NDANT . For th i s sect i on , a "bad c heck" mea ns a check 0r
simil a r site order for the payment of money which i s d ish, ,r ed by
t he bank or other drawee becau~e the issuer does not ha ve
suffic i ent funds upo n deposit wi th the ba nk or other drawee to pa y
th e c heck or order ,oq n pr e sentation withi n thi rty da yn after
i ssue .
(c) Upo n a detoe rn ,a tion IHse<i "1"9A el,e;i• aA<i eeAY¼Ae¼A,t
e;,4<1eAe e BY 'l'HE COUR'l' that the defend ant had a liability insurance
policy in ef f ec t at t he time of the i nj ury or the d"1!age or l oss of
property r esul ted to another and such injury , de111age , or l oss was
reported t o such i nsurance policy can pa ny , and the iden ti ty of that
insurance po l icy and can[Eny has been made known to t he victim , the
co urt wHl, SHALL find t hat further r es ti t ut ion is not required ,
prov i ded that the l i ab ility ir,surance po licy was equ al t o or
greater than the c111ount of in j ury , dtllllage , or loss .
(D) THE TERMS AND PROVISIONS OF TH IS ORD!NAN::E SHALL NOT
PREl':'IPI' THE RI GHT >, IF ANY , OF PERSO NS 'TO SEEK OR RESI ST CIV!L
Rl'MED I ES IN ANY COURT OF ~W .
(E) ll(Y['H THE DE FENDANT AND THE VI CT IM , PERSONALLY OR BY AN
A'l'l'ORNEY ' H.WE STA NDING ·ro PRESENT EVIDENCE AND ARGUM EN'r 'TO THE
COURT ON THE ISSUE OF RES T I 'rl!r!ON , Bl!r THE COURT H.i\S COMPLETE
DISC RETION 'TO LIMIT SUC H EVID ENCE AND ARQJMENT PURSUANT 'TO ITS (MN
RULF.S AND MAY CHOOSE NOT 'TO CONDUCT A REST !Tllf ION HEARING SEP/\RA'f E
FH0'1 THE DEFE NDANT'S SEt-ll'ENC ING.
Introduced , r ead in fu ll , and [ESSed 0 11 f irst r eading on the
1st day o f Ju l y , l 98 5 .
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Published as a Bill for an Ord inan=e on the 10th day of July ,
1985.
Read by title , ameooed and passed a s amended on the 5th day
of Aug us t , 19 85 .
Published in fu ll as ameooed on the 7th day o! August , 198 5 .
Read b;· t itle a ,:,:l pa ssed on fina l r ead ing un the 19th day of
August , 1985.
Published by title as Ordinance No. 2!}_, Series of 1985 , on
the 21st day of Aug ust , 1985 .
· Eugepe L. Otis, Mayor
!, GJ ry R. Hig bee , e x officio City Cler k-Treasurer of the
City of Englewood , Colorado , hereby cert ify that the abcve and
fore.;1oing i s a true , accurate and conplete copy of the Ordinance
pass~ f inal r eading a nd ~blished by title as Ordinance
No. , Ser ies of 1985 . /2
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