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HomeMy WebLinkAboutordinance.council.031-75RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~/ (Series of 1975) AN ORDINANCE ADOPTING A STATUTE OF LIMITATIONS FOR CRIMINAL PROSECUTION OF MUNICIPAL CODE VIOLATIONS, AND ESTABLISHING THAT PERIOD OF LIMITATIONS AS ONE(l) YEAR. WHEREAS, the Aspen Municipal Code establishes a series of prohibitions in its traffic, criminal, zoning, subdivision and other codes, as well as in other miscellaneous provisions, each carrying possible fines and imprisonment, and WHEREAS, the Aspen City Council wishes to establish a statute of limitations applicable to all of these codes and pro- visions which would preclude criminal prosecution more than one (1) year after an offense is committed, or one (1) year after the last day a continuing offense has been abated, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Municipal Code of the City of Aspen, colorado, is hereby amended by the addition of Section 1-16, .~hich said section reads as follows: "Sec. 1-15 Limitation of Actions Except as otherwise provided by ordinance applicable to specific offenses or circumstances, no person shall be prosecuted, tried or punished for any criminal offense proscribed by the municipal code unless the action is commenced within one (1) year from the time the offense is committed. The time limitation imposed by this section shall be tolled if the offender is absent from the city RECORD OF PROCEEDINGS 100 Leaves .of Aspen and the duration of such absence, not to ex- ceed two (2) years, shall be excluded from the comput- ation of time within which any prosecution may be initiated. When an offense is based on a series of acts performed at different times, or is a continuing offense, the period of limitation starts at the time when the last act is committed or the continuing offense is abated." Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid pro- visions or applications, and to this end the provisions or applic- ations of this ordinance are declared to be severable. ATTEST: Kathryn ~auter, City Clerk Section 3 A public hearing on this ordinance shall be held on the ~? day of ~/~ , 1975, at 5 P.~. in the city Council Chambers, Aspen City Hall, Aspen, colorado 81611. INTRODUCED, P~AD AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held ~ /2 , 1975. ~ ~f~-~ ~t/acy ~d~ey ~I~ ~lay r/ FINALLY ADOPTED AND APPROVED ON ~ ATTEST: Kathryn ~uter, City Clerk  , 1975. ~t~~ndley ~Ma7 STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the City of Aspen on ~_. /,~ , 197 ~--, and publish- ed in the Aspen 'rimes a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~ /_~ , 1975- , and was finally adopted and approved at a regular meeting of the City Council on- ~ ~7 , 197 5-, and ordered published as Ordinance No. ~/ , Series of 197~5'--, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this ~P--~ day of i~ , 197 6--.