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HomeMy WebLinkAboutordinance.council.018-13 ORDINANCE NO. 18, SERIES 2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING THE ASPEN MUNICIPAL CODE BY AMENDING CHAPTER 15 SECTION 04.020 TO ADDRESS JUVENILE PROSECUTIONS WHEREAS, the City of Aspen Municipal Code, §§1.04.080(c) and (d), empowers the municipal court with certain jurisdiction over persons under the age of eighteen who commit violations of a municipal ordinance, with the limitation that such juveniles not be confined in a jail but may be held in a juvenile detention facility; and WHEREAS, certain language in Municipal Code §15.04.020 was not changed when City ordinances amended the above provision in the Code that intended to assure juveniles could be prosecuted for ordinance violations in the municipal court, and the failure of that section to specifically include juveniles creates some uncertainty as to the extent of the municipal court's jurisdiction; and WHEREAS, it is in the best interests of the citizens of Aspen to eliminate any uncertainty as to the municipal court's jurisdiction, by adding "juveniles" to the title of that section and by adding a sentence to the end that reads: "Any person under the age of eighteen is chargeable under and can be convicted of a violation of any municipal ordinance or provision of this code, including but not limited to violations of any Section in this Chapter; however, the penalties for juvenile offenders are limited by the provisions of Sections 1.04.080 (c) and (d) of this code." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: SECTION 1. Section 15.04.020 of the Municipal Code of the City of Aspen, Colorado is hereby amended to read as follows: Sec. 15.04.020. Principals, parties subject to prosecution,juveniles. Any person eighteen (18) or over is chargeable under and can be convicted of, a violation of any Section in this Chapter, for conduct violating such Section, as well as for violating such Section if, with the intent to promote or facilitate the commission of the violation, the person aids, abets or advises another in planning or committing the violation. Any person under the age of eighteen is chargeable under and can be convicted of a violation of any municipal ordinance or provision of this code, including but not limited to violations of any Section in this Chapter; however, the penalties for juvenile offenders are limited by the provisions of Sections 1.04.080 (c) and (d) of this code. SECTION 2. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under 1 such prior ordinances. SECTION 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. SECTION 4 A public hearing on the ordinance shall be held on the 13th day of May, 2013 in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the �,l 2L-_day of Op ri �. , 2013. ATTEST: 7 Kathryn S. Koc , ity Clerk Michael C. Ireland, M yor FINALLY adopted, passed and approved this 13 day of M-4 , 20 3. Micha'ere. Ireland, Mayo ATT ST: Kathryn S. I h, City Clerk PROVED AS TO FORM: _James R. rue, City Attorney 2 Ad Name: 9121724A LEGAL NOTICE Customer: Aspen (LEGALS) City of OrdjrRDnnce#18,Se8esoof320t133,,Lwas'adopted on Your account number: 1013028 first reading at the City Council meeting April 22, 2013. This ordinance,if adopted will amend the Municipal Code to clarify jurisdiction in Municipal Court regarding juveniles. The public hearing on this ordinance is scheduled for May 13,2013,at 5 PROOF OF PUBLICATION FM,City hall,130 South Galena. To see the entire text,go to the city's legal notice website hgttp//w ,a spenpitki n.com/De partments/C le rk/Le- alNcs/ you ld lke a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. TIZ AV:1 TIMZ1 20ublis[�e in in Aspen Times Weekly on May 2, STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan,do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed,in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 5/2/2013 and that the last publication of said notice was in the issue of said newspaper dated 5/2/2013. In witness whereof,I have here unto set my hand this 05/08/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 05/08/2013. Mary E.Borkenhagen,Notary Public n ,y Commission expires:September 12,2015 p z OF COLORP�y F+aims tlB'