The URL can be used to link to this page

Home My WebLink About2006 Ordinance No. 015• ORDINANCE NO . /r:;' SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 17 INTRODUCED !:ff COUNCIL MEMBER WOODWARD AN ORDINANCE AMENDING TITLE I, CHAPTERS 4 AND 7, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO COSTS AND PENALTIES IN MUNICIPAL COURT . WHEREAS , the passage of this proposed Ordinance will allow tho Englewooci Municipal Judge more flexibility in imposing sentences on specific ca ses that merit a more aggres sive penalty ; and WHER EAS , these amendments will allow the Englewood Municipal Coun to be in alignment with mo st other metro area jurisdictions regarding court cos ts and allowable maximum penaltie s; NOW, THEREFORE , BE IT OR;)AINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : ~-The City Coun cil of the City of Englewood hereby approves amending Title I, Chapter 4, Section I, of the Englewood Municipal Code 2000 , whi ch shall read as follows : • 1-4-1: General Pen alt y. • A. Fine ; lm1~ris onme111 : It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or foil to comply with or resist the enfor cement of any provision of this Code or any secondary code adopted herein . Except as otherwi se specifically provided for in this Code , the violation of any provi sion s of thi s Code or of any secondary code adopted herein shall be punished by a fine not exceeding Ii. e h•od,ed on e thou sand dollars ~ 11.QQQ) or imprisonment for a term not exceeding tlfle-ftllfMlr~ Ihrcc hundred and sjxty (-l-8G .l®) days or by both such fine and imprisonment. The imposition of one penalty shall not excuse any violation nor pennit ii to continue. Unless otherwise indicated, a separate offense shall be deemed committed upon each day or portion thereof during or on which any violati on of any provision of this Code or any secondary code adopted herein occurs or continues . B. No Jail Se11re11ce for J11ve11ilcs : 'lo jail sentence shall be imposed upon persons under the age of eighteen ( 18) years . 9 b ii C. Trial By Jury for llll'cniles: No child under the age of eighteen ( 18) years shall be entitled lo a trial by jury for a violation of a municipal ordinance for which imprisonment in jail is not a possible penally ; except that such a child is entitled to a trial by jury for any offense which would be a Class I misdemeanor under a State counterpart slalUIC. D. Every person convicted of a violation of any provision stated or adopted which is designated as a "traffic infraction" and for which a penally is paid or payable al the "Traffic Violations Bureau" shall be punished by a penally not exceeding one thousand dollars (S 1,000.00). There shall be no imprisonment for traffic infractions. ~-The City Council of the City of Englewood hereby approves amending Title I, Chapter 7, Section 5, of the Englewood Municipal Code 2000, which shall read as follows: 1-7-5: Court Costs. A. Court, Jury and Witness Costs: The Judge shall tax and collect as costs in every case brought before him/her a fee of no less 1ban fifteen dollars ($15.00), and for a trial to a jury the costs shall be forty-five dollars ($45.00). In addition thereto, each member of a jury panel who shall allcnd the Municipal Court shall receive as compensation therefor the sum of three dollars ($3.00), and each juror who shall ancnd the Municipal Court shall be entitled lo a juror's fee of six dollars ($6.00) per day or part of a day in which said juror shall be in allcndancc. Each witness called by the City, except officers or employees of the City , shall be paid a witness fee of five dollars ($5.00) for each day or part of a day in which he /she shall be in allcndancc. Such jury and witness fees shall • be assessed as a part of the costs, and all such co sts shall be assessed against the • defendant in the event he/she shall be found guilty. B. Costs for Se,1 1ice or Execution: The Municipal Court may assess against a defendant all costs of any process, writ or warrant issued by it, including the cost of service, commitment or incarceration. ~ Safely 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 ii 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 dc1cm1ines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. ~ Scvcrabilily If any clause, sentence, paragraph, or part of this Ordinance or the application thereof lo 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 lo other persons or circumstances. ~-lnconsisI•OI Ordinances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof arc hereby repealed lo the extent of such inconsistency or conflict. • • ~. Effect of repeal or modjficatjon The repeat 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 plr1 any penalty, forfeiture, or liability, either civil or criminal , which shall have been incurred under such provisio,1, 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. ~ . .hnaJtx. The Penalty Provision of Section \-4-1 EMC shall apply to each and every violation of this Ordinance . Introduced, read in full , and passed on first reading on the I 5th day of May, 2006 . Published as a Bill for an Ordinance on the 19th day of May, 2006. Read by title and passed on final reading on the 5th day of June, 2006 . Published by title as Ordinance No . /S, Series of 2006, on the 9th day of June, 2006 . I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . 6._, Series of 2006. ✓-1 • • • COUNCIL COMMUNICATION Date : Agenda Item : Subject: May 15, ~006 9 a i Amendmen ts to s~ctlons 1-4, I ,1111 1 1,;,i; of th e EMC WOO pNt,1 lnlnK to Gu1 w1,1I Penalty ,111d Cour t Cos ts Initiated By: I Staff Source: Municipal Court Tamara Wolfe, Court Aclml,1lstr,1tor COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Cou nci l reviewe d these proposed ordinance amendments at th eir April t 0, WOI, Stud y Sess ion. RECOMMENDED ACTION The Municipa l Co urt reco mm ends Counci l approve a Bi ll fo r an Ordinance .mumding the ma xi mum Genera l Penalty from $500 and 180 days in jai l to S 1,000 and 360 da ys in jail and am ending th e Collft Cos ts to read as: "no less ihan fifte en dollars (S 15.00)" . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED These amendmen ts wi ll allow the Mun icipa l Judge more fl exi bility in imp os ing sentences on specific cas es that merit a more aggr essi ve penalty. In addition, th ese chan ges will all ow Engl ewood Munici pal Court to be in alignm ent with most oth er metro ar ea jurisdi cti ons regarding co urt cos ts and allowabl e maximum pe nalti es. FINANCIAL IMPACT Non e. LIST OF ATTACHMENTS Bill for an Ordinance