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HomeMy WebLinkAboutordinance.council.012-96 "e ORDINANCE NO. I L Series of 1996 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 1.04.080 AND ALL OTHER PENALTY PROVISIONS OF THE ASPEN MUNICIPAL CODE TO INCREASE THE MAXIMUM FINE FROM $300.00 TO $1,000.00 FOR VIOLATIONS OF THE MUNICIPAL CODE, TO INCREASE THE MAXIMUM JAIL TERM FJROM NINETY (90) DAYS TO ONE YEAR FOR VIOLATIONS OF THE, MUNICIPAL CODE, TO PROVIDE PENALTIES FOR JUVENILE OFFENDERS, AND TO AUTHORIZE THE MUNICIPAL COURT TO COMPEL COI,LECTION OF FINES FROM PERSONS UNABLE TO PAY FINES AT THE TIME OF SENTENCING. WHEREAS, Article XX, Section 6(h), of the Colorado Constitution grants to home rule municipalities all other powers necessary, requisite or proper for all govemment and administration of its local and municipal matters, including the power to legislate upon, e provide, regulate, conduct and control the imposition, enforcement and collection of fines and penalties for the violation of any provisions of its charter, or of any ordinance adopted in pursuance of its charter; and WHEREAS, the Colorado Supreme Court has held that the general assembly may retain sole legislative jurisdiction over specific rules for the operation of municipal courts; and WHEREAS, the general assembly did during the 1994 legislative session amend Section 13-10-113, C.R.S., authorizing municipal courts of record to impose a fine of up to one thousand dollars ($1,000.00) or imprisonment for a period of up to one year, or both, upon persons convicted of a municipal ordinance or code offense; and WHEREAS, the City Council desires to authorize the Aspen Municipal Court to . impose a fine of up to one thousand ($1,000.00), or imprisonment for a period of up to (it It e one year, or both, upon persons convicted of a municipal ordinance or code offense; and WHEREAS, the City Council desires to amend its general penalty provisions to coincide with state law relating to the sentencing of juvenile offenders; and WHEREAS, the City Council desires to provide for an equitable method for the collection offines from persons unable to pay a fine at the time of their sentencing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Section 1.04.080 of the Municipal Code of the City of Aspen, Colorado, which section imposes a general penalty for violations of the Municipal Code, is hereby amended to read as follows: Section 1.04.080. General penalty for violations of Code; continuing violations; default. (a) Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or ordinance the doing of an act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance shall be punished by a fine of not exceeding one thousand dollars ($1,000.00) or imprisonment for a period of up to one year, or both such fine and imprisonment at the discretion of the court. Each day of any violation of this Code or of any ordinance shall constitute a separate offense, unless otherwise provided. (b) The municipal judge is empowered in his discretion to assess court costs in an amount of up to fifty dollars ($50.00) against any defendant who pleads guilty or nolo contendere or who enters into a plea agreement or who, after trial, is found guilty of an ordinance violation. (c) The municipal judge is empowered to order a child under the age of eighteen 2 e years of age confined in a juvenile detention facility operated by the state department of human services or a temporary holding facility operated by or under contract with the city for failure to comply with a lawful order of the court, including an order to pay a fine. Any confinement ofa child for contempt of municipal court shall not exceed forty-eight hours. (d) A child under the age of eighteen, arrested for an alleged violation of a municipal ordinance or provision of this Code, convicted of violating a municipal ordinance or provision of this Code or probation condition imposed by the municipal court, or found in contempt of court in connection with a violation or alleged violation of a municipal ordinance or provision of this Code shall not be confined in a jail, lockup, or other place used for the confinement of adult offenders but may be held in a juvenile detention facility operated by or under contract with the state department of human services or a temporary holding facility operated or under contract with the city which shall receive and provide care for such child. The municipal court imposing penalties for violation of probation conditions imposed by such court or for contempt of court in connection with a violation or alleged violation of a municipal ordinance or provision of this Code may confine a juvenile pursuant to Section 19-2-204, C.R.S., for up to forty-eight hours in a juvenile detention facility operated by or under contract with the state department of human services. e (e) Whenever the judge of the municipal court imposes a fine for a nonviolent offense ofa municipal ordinance or provision of this Code, if the person who committed the offense is unable to pay the fine imposed for the commission of such offense, in order to guarantee the payment of such fine, the municipal judge may compel collection of the fine by: (i) Requiring the person to post sufficient bond or collateral; or (ii) Requiring the person to post one or more post dated checks, drafts or orders for the amount of the fine and court costs, if any; or (iii) Entering a judgment in favor of the city and execute a lien based on such judgment on any chattels, lands, tenements, moneys, and real estate of the person in accordance with article 52 of title 13, C.R.S., for the purpose of collecting said fine and the costs incurred in collecting said fine. For purposes of this subsection, "nonviolent offense" means a municipal ordinance or Code offense which does not involve the use or threat of physical force on or to a person in the commission of the offense. e Section 2 3 e e e Section 6.16.010 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Section 6.16.010. General Penalty. Any person convicted of violating any provision of Chapters 6.08 and. 6.12 shall be subject to punishment as set forth in Section 1.04.080 of this Code. Section 3 Section 8.20.030 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Section 8.:W.030. Violations and penalties. (a) It shall be unlawful for any person, including an owner, occupant or builder, to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City of Aspen or cause the same to be done, contrary to or in violation of any of the provisions of this code. (b) A violation of any of the provisions of the code shall constitute a misdemeanor, punishable upon conviction by a fine, imprisonment, or both a fine and imprisonment, as set forth in Section 1.04.080 of this Code. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this code occurs or continues unabated after the time limit set for abatement of the violation. Section 4 Section 8.24.030 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 8.24.030. Compliance requh'ed; penalty. (a) It shall be unlawful for any person to install, alter, repair or maintain any electrical conductors or equipment within or on any public or private building within the City of Aspen, or cause the same to be done contrary to or in violation of any of the provisions of the National Electrical Code, current Edition, as herein adopted. (b) Any person, firm or corporation violating any of the provisions of the National 4 e Electrical Code, current Edition, shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or pennitted, and upon conviction of any such violation such person shall be punished. by a fine, imprisonment, or both such fine and imprisonment, as set forth in Section 1. 04.080 of this Code. Section 5 Section 8.32.030 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 3.32.030. Violations and penalties. (a) No person, firm, or corporation, whether as owner, lessee, subleases, or occupant, shall erect, construct, enlarge, alter and repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this I~ode or any order issued by the building official hereunder. e (b) Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punished by a fine, imptisonment, or both such fine and imprisonment, as set forth in Section 1.04.080 of this Code. Section 6 Section 8.36.060 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Section 3.36.060. Violations and penalties. (a) It shall be unlawful for any person, including an owner, occupant or builder, to erect, install, alter, repair, relocate, add to, replace, remove, use or maintain any plumbing, gas or drainage piping or any fixture or water or treating equipment in the City of Aspen or cause same to be done contrary to or in violation of any of the provisions of this code. Maintenance of equipment which was unlawful at the time it was installed and which would be unlawful under this code shall constitute a continuing violation of this code. 5 e e e (b) A violation of any of the provisions of this code shall constitute a misdemeanor, punishable upon conviction by a fine, imprisonment, or both a fine and. imprisonment, as set forth in Section 1.04.080 of this Code. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this code occurs or continues unabated after the time limit set for abatement of the violation. Section 7 Section 8.44.030 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 8.44.030. Violations and penalties. (a) It shall be unlawful for any person, including an owner, occupant or builder, to erect, install, alter, repair, relocate, add to, replace, remove, use or maintain any plumbing, gas or drainage piping or any fixture or water or treating equipment in the City of Aspen or cause same to be done contrary to or in violation of any of the provisions of this code. Maintenance of equipment which was unlawfiJl at the time it was installed and which would be unlawful under this code shall constitute a continuing violation of this code. (b) A violation of any of the provisions of this code shall constitute a misdemeanor, punishable upon conviction by a fine, imprisonment, or both a fine and imprisonment, as set forth in Section 1. 04.080 of this code. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this code occurs or continues unabated after the time limit set for abatement of the violation. Section 8 Section 11.04.040 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 11.04.040. Penalties for violations. Any person, firm or corporation violating any provision of the Unifoffi1 Fire Code or amendments thereto or any other provisions of this chapter shall be deemed guilty of a misdemeanor, and each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the Uniform Fire Code or this chapter is committed, continued or permitted, and upon conviction of any such violation such person shall be punished by a fine, imprisonment, or both a fine and imprisonment, as set forth in Section 1.04.080 of 6 e e e this code. Section 9 Section 13.16.100 of the Municipal Code ofthe City of Aspen, Colorado, is hereby amended to read as follows: 13.16.100. Penalties and relief. (a) Any person, upon conviction ofa violation of any provision ofthis title, shall be subject to a fine, imprisonment, or both a fine and imprisonment, as set forth in Section 1.04.080 of this code, for each separate offense, and may be enjoined from any further or continued violation hereof A violation of Chapter 13 .16 shall be punishable by a fine only. Each day any violation of this title shall continue, shall constitute a separate offense hereunder. (b) In addition to the penalties and relief provided for in subsection (a) hereof, any person found in violation of any provision of sections 13.04.010 to 13.04.100 of this title shall reimburse the city for any expenses incurred in preventing pollution of the municipal water supplies caused by said person, any expenses incurred in restoring municipal water supplies to the standards set forth in section 13.04.020, or any expenses incurred in improving any intake, treatment facility or other part of the water works, which improvement is necessitated by the violation found hereunder. Section 10 Subsection (e) of Section 13.16.090 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Section 13.16.090. Enforcement (e) Any person convicted or violating any provision of this chapter shall, upon conviction, be punished by a fine, up to the maximum amount allowed in Section 1.04.080 of this code, for each separate offense, and may be enjoined from any further or continued violation thereof Each day any violation of this chapter shall continue shall constitute a separate offense. Section 11 Section 18.04.100 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 7 e e - 18.04.100. Violations. Any person violating any provision of this chapter may be punished by a fine, imprisonment, or both a fine and imprisonment, as set forth in Section 1.04.080 of this code. Each day any violation of this chapter shall continue shall constitute a separate offense. Section 12 Section 21.12.370 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 21.12.370. Violation; penalty. Any violations of this title are punishable by a fine, imprisonment, or both a fine and imprisonment, as set forth in Section 1.04.080 of this code, or revocation of the violator's builder's or excavating license, or any combination of such fine, imprisonment, and revocation. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and shall be punished accordingly. Section 13 Section 21.32.050 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 21.32.050. Penalties. Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor, punishable upon conviction by a fine, imprisonment, or both a fine and imprisonment, as set forth in Section 1. 04.080 of this code. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Section 14 Section 23.44.110 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 8 -- e e 23.44.110. Violation; penalty. Failure to comply with the terms of this chapter by payment of taxes, filing ofa return and otherwise complying with the terms of this chapter shall constitute an offense in violation thereof, punishable, upon conviction, by a fine, imprisonment, or both a fine and imprisonment, as set forth in Section 1.04.080 of this code. Each day that any person shall carry on or engage in any business without payment of the tax shall be deemed a separate offense. Section 15 Section 24.12.100 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 24.12.100. Penalties. The violation of any provision ofthis chapter shall be punished by a fine, imprisonment, or both a fine and imprisonment, as set forth in Section 1.04.080 of this code. Each day any violation shall continue shall constitute a separate offense. Section 16 Section 26.120.030 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.120.030. Enforcement and remedies. A. Development or use ofland in violation of this title is unlawful. The development or maintenance of any structure or the lIse of any land which is contrary to any provisions of this title is declared to be a violation of the laws of the City of Aspen. B. Penalties for violation of this title. Any person who violates any provision of this title shall be punished by a fine, imprisonment, or both a fine and imprisonment, as set forth in Section 1.04.080 of this code, for each offense. Each day any violation of this title shall continue shall constitute a separate offense. C. Parties who may enforce violation of this title. The city attorney shall institute injunctive, abatement, or other appropriate action to prevent, enjoin, abate or remove a violation of this title when it occurs. The same right of action shall also accrue to any property owner who may be especially damaged by any violation of this title. Section 17 9 e e lit 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 such prior ordinances. Section 18 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 A public hearing on the ordinance shall be held on the A;;< day of ~k 1996, 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 day of ~~> 1996. ~/7~ John S. Bennett, Mayor ATTEST: 10 . . --- ----~,~- FINALLY adopted, passed and approved this "'~ day of -&L , 1996. (ft<-v (~~I-- John S. Bennett, Mayor ATTEST: 11