HomeMy WebLinkAboutresolution.council.018-91
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RESOLUTION NO. /S
(Senes of 1991)
A RESOLUTION DECLARING AN AMNESTY FOR PERSONS THAT
HA.VE HERETOFORE FAILED TO RESPOND AND ANSWER TO
OUTSTANDING PARKJNG CITATIONS AS REQUIRED BY THE
MU!\'lCIPAL CODE OF THE CITY OF ASPEN
WHEREAS. the Court Clerk of the City of Aspen MUnicIpal Court has deterrmned that
a substantlal number of vehicle owners have failed to appear after bemg lawfully served Wlth a
su=ons for a V101al1on of a Clty of Aspen parking ordinance. and,
WHEREAS, the Court Clerk of the CIty of Aspen Municipal Court has determined that
a substantlal number of W1paid traffic l1ckets have been issued to vehicles owned by the same
persons, and,
WHEREAS, Secl10n 1-15 of the CIty of Aspen MuruClpal Code makes It unlawful for any
person upon whom a su=ons has been served for a violauon of a mW1lcipal ordinance to fail
to appear in person or by cOW1sel at the hme and place specmed therein, and.
WHEREAS, such fallure to appear does constltute a separate offense subject to a fme not
to exceed three hundred dollars $300.00 or unprisonment for a penod of not more than ninety
(90) days or both such flne and unprisonment at the dtscrel10n of the Municipal Court, and,
WHEREAS, Secnon 22-26 (15) of the City of Aspen Municipal Code authonzes the
Aspen Police Department to remove from any nght-of-way and impound any vehicle when the
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records of the pollce department lDd1cate that a parking citatlOn has been issued on a vehIcle by
the police department and has not been paid or othervme legally d1sposed of for more than SIXty.
(60) days from the date of Issuance of such cital1on; and,
WHEREAS, in the event that the dnver or owner of a vehicle charged WIth a Vlolation
of a muniCIpal traffic ordmance falls to respond accorcl1ng to law, Section 22-13 of the Colorado
Model Traffic Code, adopted by the City of Aspen in accordance with Section 22-2 of the
.\1uniclpal Code, reqwres the Clerk of Court to send a notice to the regtstered owner of the
vehicle to whIch the onginal notice was affixed, warnmg the owner of the consequences of
fatling to respond to a su=ons or failure to properly dispose of the traffic Cllallon(s) Issued
agamst him, and further, in the event that the owner fa1ls to comply WIth the warnmg, to Issue
a bench warrant for that person's arrest. and,
\\'HEREAS, the CIty of Aspen MUillClpal Court has adopted a Schedule of Fines for
Parking and Other Traffic Offenses pursuant to Rule 210 of the MuniCIpal Court Rules of
Procedure to SImplify the payment of traffic offense fmes and eliminate unnecessary COUTI
appearances, and,
WHEREAS, the Clly of Aspen deSireS to encourage persons that have heretofore failed
to pay thelf parking tickets for whatever reason to come forward voluntarily and comply wuh
thell legal obligations W1thOUt penalty.
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KOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
S ectJon 1
An amnesty is hereby declared for all persons that have heretofore falled to respond and
answer to a charge of vIOlating a municIpal parking ordJ.nance contained m Arncle X or XI of
the Colorado Model Traffic Code, 1977 revision, and adopted by the City of Aspen in accordance
with Secl10n 22-2 of the Mwucipal Code, subject to the terms and condJl1ons as set forth m the
following sectIOns of this resolul1on,
S ectJon 2
Dnvers or registered owners of vehicles as descnbed and defined in SectJon 1 above shall
appear and answer In the Court Clerk's office for the CIty of Aspen MUnicIpal Court for all
outstandmg parking Infractions heretofore charged aga1l1st saJd drivers or owners before the end
of the amnesty period as set forth herem,
Secl10n 3
Dnvers or registered owners of vehIcles that appear and answer to the traffic citatJOn(s),
by appearance and payment at the Court Clerk's office, or by mailing payment by means of the
l:nited States Postal Service, or by other dJsposltion of the charge(s) as proVlded by law, shall
be relieved of any civil penalty, interest payment and criminal prosecution as might otherwise
. be required, assessed or asserted by reason of the person's faIlure to previously respond In a
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nmely fashion
SectlOn 4
The amnesty as declared and granted herem shall extend for a penod of tImty days (30)
days commencing at 12,00 noon on the date following the date thIS Resolution IS passed by the
City Council of the City of Aspen, and termmating thirty (30) days thereafter at 5,00 o'clock
p,rn , on the thl.It1eth day
Secrron 5
The City Clerk IS hereby directed to publish by notice a summary of this Resolution
describmg the purposes, terms and dates as provided herem in newspapers of general circularron
m the CIty of Aspen, Such notice shall be publ1shed on two (2) seperate dates at ten day intervals
or on such alternative dates as deemed practicable by the City Clerk.
Secllon 6
The City Clerk and the CIty of Aspen Murucipal Court shall rnamtam at least one (1)
copy of thIS resolution in their respective offices for public Inspection dunng regular busmess
hours throughout the amnesty period hereinabove descnbed,
Dated,
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. 1991
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WIllIam L. Snrling, Mayor
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I, Kathryn S. Koch, duly appointed and acting Ciry Clerk do certify that the foregoing IS
a true and accurate copy of that resolution adopted by the City COunCll of the CIty of Aspen,
Colorado, at a meellng held ~ ~_ ,1991.
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. --- -'Ka~:S Koch, City Clerk