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HomeMy WebLinkAbout1997 Ordinance No. 070.. .... I ORDINANCE NO. 7Jl SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 77 INTRODUCED BY COUNCIL MEMBER WAGGONER 10 b iv AN ORDINANCE AMENDING TITLE 1, CHAPTERS 4 AND 7 OF THE ENGLEWOOD MUNICIPAL CODE 1985 AND BY ADDING A NEW CHAPTER lB TO TITLE 11, REMOVING CRIMINAL PENALTIES FOR SOME TRAFFIC VIOLATIONS. WHEREAS, a criminal violation with potential jail time is not appropriate for most minor traffic offenses; and WHEREAS , truly serious charges such as reckless driving and driving without insurance would remain criminal offenses; and WHEREAS, the procedural requirements for criminal violations of minor traffic offenses creates a burden on the court; and WHEREAS, a procedure for paying in the penalty without a mandatory court appearance for most minor traffic offenses would streamline the municipal court procedures; and WHEREAS, payment of traffic infractions would be assured by the civil remedy of placing a hold on the renewal of a driver's license; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby amends Title 1, Chapter 4, Section 1, by the addition of a new Subsection D , which shall read as follows : 1-4-1: GENERAL PENALTY: 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 ONE THOUSAND DOLLARS ($1,000 .00 ). THERE SHALL BE NO IMPRISONMENT FOR TRAFFIC INFRACTIONS . Section 2. The City Council of the City of Englewood, Colorado hereby amends Title 1, Chapter 7, of the Englewood Municipal Code 1985, which shall read as follows: 1-7-1: COURT CREATED: A Municipal Court in and for the City is hereby created and established. 1-7-2 : JURISDICTION, POWER: A . The Municipal Court shall have original jurisdiction of all cases arising under the Code of Ordinances of the City with full power to carry the same into effect and to punish violations thereof by the imposition of such fines and penalties as in such Code provided; it shall have ·. ' all powers incident to a court ofrecord in relation to the attendance of witnesses , the A punishment of contempt, issuance of warrants and enforcing of orders of the Court. W B . Definition. Misbehavior of any person in the presence of the Court, or misbehavior so near there to as to obstruct the administration of justice, misbehavior of any officer of the Court in his official transactions and disobedience or resistance of any person or interference with any lawful process , order, rule, or command of the Englewood Municipal Court or any act or omission designated as contempt by this Code or the Colorado Municipal Court Rules of Procedure shall constitute contempt. C. In Presence of Court. When contempt is committed in the presence of the Englewood Municipal Court, it may be punished summarily. In such a case, an order shall be made reciting the facts constituting the contempt, adjudging the contemner guilty of contempt and prescribing the punishment therefor. D . Out of Presence of Court. When it appears to the Court by motion supported by affidavit that a contempt has been committed outside of the presence of the Court, the Court may ex parte order a citation to issue to the person so charged to appear and show cause at a time designated why he shall not be punished therefor. However, in the case where a person fails to appear at a court hearing after being ordered to do so by a properly executed document, either the Court sua sponte or on motion, may order such citation supported by a copy of the executed document requiring attendance in lieu of the affidavit. The citation and a copy of the supporting documents shall be served upon such person a reasonable time before the time designated, or, if the Court so orders, when the citation is issued or thereafter, a warrant for his arrest may issue to any peace officer. Such warrant shall fix the time for production of the person into Court. The Court shall direct by endorsement thereon the amount of bail or bond required. Such person shall be discharged upon delivery A to and approval of any peace officer or clerk of a court of record, so designated by a Police W' Chief, sheriff, or judge of a court of record of a bond corresponding to the requirements established by the Court. If he fails to make bond, he shall be kept in custody subject to an order of the Court. E . The Court shall hear evidence for and against the person charged and it may find him guilty of contempt and by order prescribe the punishment therefor. The maximum punishment that can be imposed is as is set forth in Section 1-4-1 of this Code . However, in imposing punishment for contempt on minors, the Court is not limited to the restrictions of Section 1-4-lB of this Code but cannot adjudge confinement in excess of forty-eight (48 ) hours . Also, the Court may impose costs of the contempt proceedings . F . No Contact Orders prior to trial. 1. For the purpose of this Section the following definition applies : No Contract Order - an Order issued by the Judge of the Englewood Municipal Court prohibiting a person from initiating any contact with another person at any place or through any means designated in the Order for a period of time designated in the Order. However, a restricted contact can be provided for in such Order under limited conditions , times , places , and circumstances . 2 . The Judge of the Englewood Municipal Court may, in his discretion for good cause shown, issue a No Contact Order against defendants before trial when the issuance of such Order is to protect the safety of persons or prevent damage to property. 2 "' •-' G . 3 . The Municipal Court Judge may require a surety bond to ensure that said defendant shall obey the No Contact Order. Upon a violation of the No Contact Order by the defendant, the Court can order forfeiture of the bond. 4. Each violation of a No Contact Order i s a separate contempt and can be punished as provided in subsection 1-7-2E above . 1. The Judge of the Englewood Municipal Court may, in his/her discretion , issue temporary and permanent restraining orders to prevent domestic abuse whether or not such relief could be obtained in a domestic relations action filed in a district court. 2 . Action to obtain such relief is initiated by filing a complaint, duly verified , alleging that the defendant has committed acts constituting domestic abuse against the plaintiff or a minor child of either of the parties. Upon the filing of such complaint after hearing the evidence and being fully satisfied therein that sufficient cause exists , the Municipal Judge may issue a temporary restraining order to prevent domestic abuse and a citation directed to the defendant, commanding the person to appear before the court at a specific time and date, to show cause, if any, why said temporary restraining order should not be made permanent. 3 . If, at the hearing held by the Municipal Court Judge upon the filing of such complaint, the defendant is present and participates in the hearing, the Municipal Court Judge if otherwise satisfied proper cause is shown, may issue a permanent restraining order. 1-7-3 : OFFICERS OF THE COURT: A . Associate Municipal Judge . As necessary, the City Council may appoint one or more Associate Judges who shall sit at such times and upon such causes as shall be determined by the presiding Municipal Judge . When actually performing judicial duties , such Associate Judge shall have all the jurisdiction and power of a Municipal Judge and his orders and judgments shall be those of the Municipal Court. The associate Judge shall have the same qualifications as the Municipal Judge. The process by which an Associate Judge is selected and the terms of the Associate Judge shall be as follows: 1 . Associate Judges shall be appointed by City Council, by resolution. 2 . The term of the Associate Judge appointments shall be four (4) years . 3 . At Council discretion, Associate Judges may be reappointed . The incumbent Associate Judges' terms would be four (4 ) years commending January 1, 1985 , expiring January 1, 1989. B . Duties And Powers Of Clerk: The duties of the Clerk of the Court shall be to keep a register of the actions in the Court, including all fees and money collected, and an index thereof; to pay over to the Director of Financial Services all fees, fines and penalties received during the preceding Court day, and to prepare and keep a docket for the Court in which the judgments in each case shall be noted thereof, including a docket of all cases from which an appeal has been taken . The Clerk and assistants shall have power to administer oaths and affirmations in all Municipal Court matters and may issue writs and notices, including capiases , subpoenas , summonses and executions in all cases coming within the 3 jurisdiction of said Court as authorized in this Code . The Clerk shall prepare all writs , A subpoenas , complaints and other papers pertaining to the business of the Court; provided, no W such writ, subpoena, complaint, summons or other paper shall be deemed insufficient hereunder because prepared by any person other than the Clerk of the Municipal Court or his/her assistants . The Clerk shall also be the Jury Commissioner of the Court . 1-7-4: VIOLATIONS BUREAU: A . VIOLATIONS Bureau Created: The Municipal Judge may establish a Violations Bureau to assist the Court with the clerical work of Code, ordinance AND TRAFFIC violations . The Bureau shall be administered by such person or persons as the City Manager MUNICIPAL JUDGE , WITH APPROVAL OF THE CITY COUNCIL THROUGH THE BUDGETING PROCESS , may designate and subject to such policy rules and regulations as the Municipal Judge may promulgate Said Bureau shall be eperated in eenjunetien with the Traffie Vielatiens Bureau established by the Medel Traffie Cede adepted by Seetien 11 1 1 ef this Cede as the same may be nevi er hereafter amended er readepted AND SHALL FOLLOW SUCH PROCEDURES AS MAY BE PRESCRIBED BY THE ENGLEWOOD MUNICIPAL CODE OR AS MAY BE REQUIRED BY ANY STATE LAWS . B . Duties Of VIOLATIONS Bureau: The following duties are hereby imposed upon the Violations Bureau in reference to offenses for violations fil FOR which the Violations Bureau is authorized to accept fines , PENALTIES, FEES , COSTS , AND SURCHARGES . 1. It shall accept fines , PENALTIES , FEES COSTS , AND SURCHARGES, issue receipts and represent in Court the violators from whom it has accepted fines , PENALTIES, FEES , COSTS , AND SURCHARGES . 2 . It shall receive and issue receipts for bail from the person who must, or wishes to be heard in Court; enter the time of his appearance on the Court calendar; and notify the arresting officer and witnesses , if any, to be present. 3 . It shall keep A record of all violations ef-FOR which each person has been FOUND guilty within the preceding twelve (12) months, whether such guilt was established in Court or in the Violations Bureau. C. Records of Court: The Court shall keep records and submit summarized quarterly reports to the City Council of cas es filed , TRAFFIC VIOLATIONS FILED , fines , PENALTIES , FEES , COSTS , AND SURCHARGES eeurt eests and other Municipal funds collected, warrants issued , hearings held, and such other and further information necessary or reasonable in the circumstances . Said records shall be public records , except as otherwise provided by law . D . Schedule of Fines. PENALTIES. FEES COSTS. AND SURCHARGES : The Municipal Judge shall designate the ordinances and sections of this Code and any code adopted by this Code for violation of which payment of fines , PENALTIES, FEES COSTS , AND SURCHARGES, may be accepted by the Violations Bureau, and shall specify, by suitable schedules , the amount of such fines , PENALTIES, FEES , COSTS , AND SURCHARGES for first , second or subsequent offen s es, provided such fines , PENALTIES , FEES, COSTS , AND SURCHARGES are withi n the limits provided by law, and shall further specify whether repetition of such offenses shall require an appearance before the Municipal Court. E . Option to Appe ar: Any person charged with an offense OR TRAFFIC INFRACTION for which payment may be made to the Violations Bureau shall have the option of: 4 1. Paying such fines , PENALTIES, FEES , COSTS, AND SURCHARGES within the time specified in the citation, ffl' notice of arrest OR OTHER CHARGING DOCUMENT at the Violations Bureau, upon entering a plea of guilty and upon waiving an appearance in Court; or 2. Depositing any required lawful bail, and upon a plea of not guilty, shall be entitled to trial as authorized by law . The payment of ft fineS , PENALTIES, F E ES , COSTS , AND SURCHARGES to said VIOLATION Bureau shall be deemed an acknowledgment of a violation of the designated Code section or ordinance, and the VIOLATION Bureau, upon accepting the prescribed fine, PENALTIES, FEES COSTS , AND SURCHARGES, shall issue a receipt to the violator acknowledging payment thereof. 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 a fee of 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 attend the Municipal Court shall receive as compensation therefor the sum of three dollars ($3 .00), and each juror who shall attend the Municipal Court shall be entitled to a juror's fee of six dollars ($6 .00) per day or part of a day in which said juror shall be in attendance. 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 shall be in attendance. Such jury and witness fees shall be assessed as a part of the costs, and all such costs shall be assessed against the defendant in the event he shall be found guilty. B. Costs for Service 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. 1-7-6 : COURT RECORDS : The Municipal Court shall keep a verbatim record of the proceedings and evidence at trials by either el e ctric devices or stenographic means . Section 3. The City Council of the City of Englewood, Colorado h ereby amends Title 11, Chapter 1 , Section 10, of the Englewood Municipal Code 1985, which shall read as follows : 11-1-10: PENALTIES PENALTY: The following penalties PENALTY, henwith set forth in fttH, shall apply to this Chapter: A. It is unlawful for any person to violate any of the provisions state d or adopted in this Chapter. B . Every person convicted of a TRAFFIC violation of any prevision stated er adapted in this Chapter shall be punished by a fine net exceeding five hundred dollars ($600 .00), er by imprisonment net exceeding ene hundred eighty (180) days, er by beth such fine and imprisonment. IN ACCORDANCE WITH 1-4-1 E .M.C .. Section 4 . The City Council of the City of Englewood, Colorado hereby amends Title 11, by the addition of a new Chapter lB, of the Englewood Municipal Code 1985, entitled Traffic Violation Procedures , which shall read as follows: 11-lB-1: TRAFFIC VIOLATION PROCEDURES: 5 ·. A. DEFINITIONS: THE FOLLOWING WORDS , TERMS AND PHRASES , WHEN USED e IN THIS CHAPTER SHALL HA VE THE MEANINGS ASCRIBED TO THEM IN THIS SECTION, EXCEPT WHERE THE CONTEXT CLEARLY INDICATES A DIFFERENT MEANING. IN THE EVENT OF ANY CONFLICT BETWEEN THE MODEL TRAFFIC CODE AND THE DEFINITIONS CONTAINED IN THIS SECTION, THIS SECTION SHALL BE CONTROLLING: CHARGING DOCUMENT: DEFENDANT: JUDGMENT : PENALTY: TRAFFIC INFRACTION : TRAFFIC OFFENSE: MEANS THE DOCUMENT COMMENCING OR INITIATING THE TRAFFIC VIOLATION MATTER WHETHER DENOTED AS A COMPLAINT , SUMMONS AND COMPLAINT , CITATION, PENALTY ASSESSMENT NOTICE , OR OTHER DOCUMENT CHARGING THE PERSON WITH THE COMMISSION OF A TRAFFIC VIOLATION. MEANS ANY PERSON CHARGED WITH THE COMMISSION OF A TRAFFIC VIOLATION. MEANS THE ADMISSION OF GUILT OR LIABILITY FOR ANY TRAFFIC VIOLATION , THE ENTRY OF JUDGMENT OF GUILT OR LIABILITY, OR THE ENTRY OF DEFAULT JUDGMENT AS SET FORTH IN TITLE 11 , CHAPTERS lA OR lB, AGAINST ANY PERSON FOR THE COMMISSION OF A TRAFFIC VIOLATION. MEANS THAT FINE AND/OR IMPRISONMENT IMPOSED PURSUANT TO SECTION 1-4-1 OF THIS CODE. MEANS EVERY VIOLATION OF ANY PROVISION OF TITLE 11, CHAPTER 1 AND THIS CHAPTER lA, RELATING TO TRAFFIC OR ANY PROVISION OF THE MODEL TRAFFIC CODE , AS ADOPTED OR AMENDED BY THE CITY , EXCEPT THOSE TRAFFIC VIOLATIONS DEFINED AS TRAFFIC OFFENSES. MEANS THE FOLLOWING OFFENSES AS SET FORTH IN THIS CHAPTER OR IN ARTICLE I OF THE MODEL TRAFFIC CODE AS ADOPTED AND AMENDED BY THE CITY: (1) SEC . 1903 MTC : STOPPING FOR SCHOOL BUSES. (2) SECS . 1101,1102 ,1103 , 1104 MTC : BASIC SPEED RULES -INCLUDING DECREASING OF SPEED LIMITS , ALTERING OF SPEED LIMITS AND ELEVATED STRUCTURES SPEED LIMITS ONLY WHERE THE SPEED ALLEGED IS GREATER e 6 '. TRAFFIC VIOLATION : THAN 19 MILES PER HOUR OVER THE POSTED SPEED LIMIT . (3) SEC. l105 MTC SPEED CONTESTS/EXHIBITION OF SPEED . (4) SEC. 1401 MTC : RECKLESS DRIVING. (5) SEC . 1402 MTC : CARELESS DRIVING. (6) SEC. 1409 MTC : COMPULSORY INSURANCE- PENALTY, AS AMENDED BY ll-l-1B(21 ) E.M .C. (7) SEC. 1413 MTC: ELUDING OR ATTEMPTING TO ELUDE POLICE OFFICER. MEANS ANY VIOLATION OF TITLE 11 , CHAPTERS 1, lA OR lB, WHETHER OR NOT SUCH VIOLATION IS A TRAFFIC INFRACTION OR A TRAFFIC OFFENSE. B . TRAFFIC INFRACTIONS NOT CRIMINAL : ALL TRAFFIC INFRACTIONS ARE DEEMED AND SHALL CONSTITUTE CIVIL MATTERS AND ARE NOT CRIMINAL VIOLATIONS . C . NO JURY TRIAL FOR TRAFFIC INFRACTIONS: 1. A DEFENDANT BROUGHT TO TRIAL SOLELY UPON A TRAFFIC INFRACTION SHALL HA VE NO RIGHT TO A TRIAL BY JURY AS CONTEMPLATED BY CRS § 13-10-114 OR RULE 223, OF THE MUNICIPAL COURT RULES OF PROCEDURE. TRIAL OF ALL TRAFFIC INFRACTIO N S SHALL BE TO THE COURT . NO DEFENDANT FOUND LIABLE FOR A TRAFFIC INFRACTION SHALL BE PUNISHED BY IMPRISONMENT FOR SUCH TRAFFIC INFRACTION . 2 . TRIALS FOR TRAFFIC INFRACTIONS SHALL IN ALL OTHER MATTERS BE SUBJECT TO THE SAME PROCEDURES AS ANY OTHER MUNICIPAL ORDINANCE VIOLATION . D . RIGHT TO JURY TRIAL FOR TRAFFIC OFFENSES : 1. ANY DEFENDANT CHARGED WITH ANY TRAFFIC OFFENSE SHALL HAVE THE RIGHT TO A JURY TRIAL UPON PROPER PERFECTION OF A JURY TRIAL DEMAND PURSUANT TO RULE 223 OF THE MUNICIPAL COURT RULES OF PROCEDURE. 2. IF A DEFENDANT IS CHARGED WITH MORE THAN ONE TRAFFIC VIOLATION ARISING OUT OF THE SAME INCIDENT AND AT LEAST ONE OF THE CHARGED TRAFFIC VIOLATIONS IS A TRAFFIC OFFENSE , THE DEFENDANT SHALL HA VE THE RIGHT TO DEMAND A TRIAL BY JURY AS SET FORTH IN SUBSE CTION (1) OF THIS SECTION AS TO ALL VI OLATIONS , WHICH SHALL BE CONSOLIDATED FOR PURPOSES OF TRIAL . E . COMMENCEMENT OF TRAFFIC INFRACTION ACTION . AN ACTION UNDE R THIS CHAPTER CHARGING A TRAFFIC INFRACTION IS COMMENCED BY THE TENDER OR SERVICE OF A CHARGING DOCUMENT UPON THE DEFENDANT OR BY CONSPICUOUSLY ATTACHING A PARKING TRAFFIC INFRACTION DOCUMENT TO THE SUBJECT VEHICLE AND BY FILING THE CHARGING DOCUMENT WITH THE MUNICIPAL COURT . 7 -. F . PAYMENT OF TRAFFIC INFRACTION PENALTY WITHOUT APPEARANCE : G . 1. THE CLERK OF THE COURT SHALL ACCEPT PAYMENT OF A TRAFFIC INFRACTION PENALTY BY A DEFENDANT WITHOUT AN APPEARANCE BEFORE THE COURT UNDER THE FOLLOWING CONDITIONS : a. IF PAYMENT IS MADE NO LATER THAN THE CLOSE OF BUSINESS ON THE THIRTIETH DAY FOLLOWING THE DATE OF ISSU AN CE OF THE CHARGING DOCUMENT. b . IF PAYMENT IS ALLOWABLE BY MAIL , TELECOMM UNICATIONS , ELECTRONIC MEANS , OR AT THE TRAFFI C VIOLATIONS BU REAU UNDER THE FINE SCHEDULE . c . AT THE TIME OF PAYMENT , WHICH SHALL INCLUDE ALL COSTS , FEES , AND SURCHARGES REGULARLY ASSESSED BY THE COURT ; AS THE SAME ARE REQUIRED FOR DEFENDANTS PLEADING OR BEING FOUND GUILTY OF NON-CIVIL MUNICIPAL VIOLATIONS , THE DEFENDANT SHALL SIGN A WAIVER OF RIGHTS AND ACKNOWLEDGMENT OF GUILT OR LIABILITY UPON A FORM APPROVED BY THE COURT . 2 . THIS PROCEDURE SHALL CONSTITUTE AN ENTRY IN SATISFACTION OF JUDGMENT . TRAFFIC INFRACTION FIRST APPEARANCE : 1. IF THE DEFENDANT HAS NOT PREVIOUSLY ACKNOWLEDGED GUILT OR LIABILITY AND SATISFIED THE JUDGMENT ON THE TRAFFIC INFRACTION , HE OR SHE SHALL APPEAR BEFORE THE COURT WITHIN THE TIME PERIOD SCHEDULED FOR FIRST APPEARANCE . 2 . THE DEFENDANT MAY APPEAR IN PERSON OR BY COUNSEL WHO SHALL ENTER AN APPEARANCE IN THE CASE ; PROVIDED , HOWEVER, IF AN ADMISSION OF GUILT OR LIABILITY IS ENTERED , THE COURT MAY REQUIRE THE PRESENCE OF THE DEFENDANT FOR THE ASSESSMENT OF THE PENALTY. 3 . IF THE DEFENDANT APPEARS IN PERSON, HE OR SHE SHALL BE ADVISED OF THE FOLLOWING: a. THE NATURE OF THE TRAFFIC INFRACTION ALLEGED IN THE CHARGING DOCUMENT ; b . THE PENALTY, FEES , COSTS AND SURCHARGE'S THAT MAY BE ASSESSED , AND THE PENALTY POINTS THAT MAY BE ASSESSED AGAINST HIS OR HER DRIVING PRIVILEGE ; c . THE CONSEQUENCES OF THE FAILURE TO APPEAR AT ANY SUBSEQUENT HEARING, INCLUDING ENTRY OF JUDGMENT AGAINST THE DEFENDANT AND REPORTING THE JUDGMENT TO THE STATE MOTOR VEHICLE DIVISION WHICH MAY ASSESS POINTS e 8 .. d. e. f. g . h . l. j. AGAINST HIS OR HER DRIVING PRIVILEGE AND MAY DENY AN APPLICATION FOR A DRIVER'S LICENSE ; HE OR SHE HAS THE RIGHT TO BE REPRESENTED BY AN ATTORNEY AT HIS OR HER EXPENSE; HE OR SHE HAS THE RIGHT TO DENY THE ALLEGATIONS AND TO HA VE A FINAL HEARING BEFORE THE COURT ; HE OR SHE HAS THE RIGHT TO REMAIN SILENT BECAUSE ANY STATEMENT MADE BY THE DEFENDANT MAY BE USED AGAINST HIM OR HER; GUILT OR LIABILITY FOR A TRAFFIC INFRACTION MUST BE PROVEN BEYOND A REASONABLE DOUBT ; HE OR SHE HAS THE RIGHT TO TESTIFY, SUBPOENA WITNESSES, PRESENT EVIDENCE, AND CROSS EXAMINE ANY WITNESS ; ANY ANSWER MUST BE VOLUNTARY AND NOT THE RESULT OF UNDUE INFLUENCE OR COERCION ON THE PART OF ANY PERSON; AND AN ADMISSION OF GUILT OR LIABILITY CONSTITUTES A WAIVER OF THE RIGHTS IN THE SUBSECTION AND ANY RIGHT TO APPEAL. 4 . THE DEFENDANT PERSONALLY OR BY COUNSEL SHALL ANSWER THE ALLEGATIONS IN THE CHARGING DOCUMENT EITHER BY ADMITTING GUILT OR LIABILITY OR BY DENYING THE ALLEGATIONS . 5. IF THE DEFENDANT ADMITS GUILT OR LIABILITY, THE COURT SHALL ENTER JUDGMENT AND ASSESS THE APPROPRIATE PENALTY, FEES , COSTS AND SURCHARGES . H . JUDGMENT ON TRAFFIC INFRACTION AFTER FINAL HEARING: 1. IF THE DEFENDANT IS FOUND GUILTY OR LIABLE , THE COURT SHALL ASSESS AN APPLICABLE PENALTY AND SUCH ADDITIONAL COSTS AND FEES THAT ARE OTHERWISE GENERALLY IMPOSED IN NON-CIVIL MUNICIPAL OFFENSES TOGETHER WITH APPLICABLE FEES , COSTS, AND SURCHARGES . 2. THE JUDGMENT SHALL BE SATISFIED UPON PAYMENT TO THE CLERK OF THE MUNICIPAL COURT OF THE TOTAL AMOUNT ASSESSED. 3. IF THE DEFENDANT FAILS TO SATISFY THE JUDGMENT UPON THE FINDING OF GUILT OR LIABILITY OR WITHIN THE TIME OF A REASONABLE EXTENSION GRANTED UPON A SHOWING OF GOOD CAUSE BY AND UPON THE APPLICATION OF THE DEFENDANT, SUCH NONPAYMENT IN THE FULL AMOUNT OF THE PENALTY, FEES , COSTS , AND SURCHARGES, IF APPLICABLE, SHALL BE TREATED AS A DEFAULT . A DEFAULT SHALL BE CERTIFIED TO THE STATE MOTOR VEHICLE DIVISION FOR ENFORCEMENT ACTION . 9 I. TRAFFIC INFRACTION POST -HEARING MOTIONS: THERE SHALL BE NO TRAFFIC INFRACTION POST-HEARING MOTIONS EXCEPT FOR A MOTION TO SET ASIDE A DEFAULT JUDGMENT . J . DEFAULT ON TRAFFIC INFRACTION : 1. 2. 3 . 4 . 5. IF THE DEFENDANT FAILS TO APPEAR FOR HIS OR HER FIRST APPEARANCE OR ANY HEARING INVOLVING A TRAFFIC INFRACTION, THE COURT SHALL ENTER A DEFAULT JUDGMENT AGAINST THE DEFENDANT . THE AMOUNT OF THE JUDGMENT SHALL BE THE APPROPRIATE PENALTY THAT WOULD BE ASSESSED AFTER A FINDING OF GUILT OR LIABILITY, FEES , AND ADDITIONAL COSTS ASSESSABLE TO MUNICIPAL VIOLATIONS GENERALLY UPON CONVICTION OF NON-CIVIL MUNICIPAL CHARGES , TOGETHER WITH APPLICABLE SURCHARGES . THE COURT MAY SET ASIDE A DEFAULT JUDGMENT ENTERED UNDER THIS RULE ON A SHOWING OF GOOD CAUSE OR EXCUSABLE NEGLECT BY THE DEFENDANT . A MOTION TO SET ASIDE THE JUDGMENT SHALL BE MADE TO THE COURT NOT MORE THAN TEN DAYS AFTER THE ENTRY OF JUDGMENT . THE DEFENDANT MAY SATISFY JUDGMENT ENTERED UNDER THIS RULE BY PAYING THE CLERK OF THE COURT . NO WARRANT SHALL BE ISSUED FOR THE ARREST OF A DEFENDANT WHO A WAS CHARGED WITH A TRAFFIC INFRACTION AND FAILED TO APPEAR W AT A FIRST APPEARANCE OR ANY SUBSEQUENT HEARING OR WHO FAILED TO SATISFY A JUDGMENT. K. APPEAL: APPEAL OF ANY FINDING OF GUILT OR LIABILITY OF A TRAFFIC INFRACTION SHALL BE SUBJECT TO THE SAME PROCEDURES APPLICABLE TO CONVICTIONS OF MUNICIPAL OFFENSES GENERALLY . l-IB-2: TRAFFIC OFFENSE PROCEDURE : A. THE COMMENCEMENT AND ALL SUBSEQUENT PROCEEDINGS THROUGH AND INCLUDING APPEAL ON MATTERS CONCERNING A TRAFFIC OFFENSE SHALL BE THE SAME AS THOSE PROVIDED AND REQUIRED FOR ALL CRIMINAL MUNICIPAL ORDINANCE VIOLATIONS . B. WHEN THE COURT DETERMINES THAT A PERSON CHARGED WITH A TRAFFIC OFFENSE IS GUILTY OF A LESSER INCLUDED TRAFFIC INFRACTION, THE COURT MAY ENTER A JUDGMENT OF GUILT OR LIABILITY AS TO THE TRAFFIC INFRACTION . Section 5. Safety clauses. The City Council , hereby finds , determines , and declare s that this Ordinance i s promulgated under the general police power of the City of Englewood , that it is promulgated for the health, s afety, and w elfare 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 s ought to be obtained. e 10 Section 6. 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 its application to other persons or circumstances . Section 7. 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 8. Effect ofrepeal 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 9 . Penalty. The penalty provision of E.M.C . Section 1-4-1 as amended shall apply to each and every violation of this Ordinance . Section 10 . Effective Date. This Ordinance shall go into effect on January 1, 1998. Introduced, read in full, and passed on first reading on the 18th day of August, 1997. Published as a Bill for an Ordinance on the 21th day of August, 1997. Read by title and passed on final reading on the 2nd day of September, 1997 . Published by title as Ordinance No. 10, Series of 1997, on the 4th day of September, 1997. 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.1Q, Series of 1997. 11 .. ~· ' COUNCIL COMMUNICATION Date Agenda Item Subject Proposed bill for an ordinance removing criminal penalties for minor traffic August 18, 1997 11 a i violations Initiated By Staff Source City Council Nancy Reid, Assistant City Attorney COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The goal is to incorporate some civil aspects into the Englewood Municipal Court system. There has been no previous Council Action. RECOMMENDED ACTION Staff recommends the passage of this Ordinance amending Title 1, Chapters 4 and 7; and Title 11, Chapter 1 and 1 B, of the Englewood Municipal Code 1985, which establishes a new decriminalization program decriminalizing minor traffic violations and provides for a civil remedy. e BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • Minor traffic violations are easily and efficiently handled as civil matters. Several municipalities in the Denver Metropolitan area are currently using this system. This system should streamline the large volume of minor traffic violations by eliminating a mandatory court appearance and by providing for a civil collection by placing a hold on the renewal of drivers licenses for any who do not pay the penalty imposed. FINANCIAL IMPACT It is expected that this will result in a minimal financial impact. It is estimated that there will be a reduction in costs associated with failures to appear and resulting warrants. There is expected to be a reduction in actual courtroom time used. LIST OF ATTACHMENTS Proposed bill for an ordinance .