HomeMy WebLinkAboutordinance.council.015-76RECORD OF PROCEEDINGS
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O. IN NCE NO.
(Series of 1976)
AN ORDINANCE A~NDING SECTION 1-8 OF THE ASPEN MUNICIPAL CODE
CONTAINING THE GENERAL PENALTY PROVISION OF THE CODE WHICH AMEND-
~NT PROVIDES THAT THE CITY MUNICIPAL COURT, WHEN TRYING JUVENILE
OFFENDERS, tS PRECLUDED FROM IMPOSING A JAIL SENTENCE IN THE EVENT
OF CONVICTION.
WHEREAS, the Aspen City Council is advised that prosecution
of juvenile offenders in the City's Municipal Court is precluded by
state statute, unless the court is without authority to impose a
jail sentence on those under eighteen (18) years of age on con-
viction of a municipal offense, and
WHEREAS, the City Council wishes to remedy the problem by
prohibiting the ~mposition of jail sentences on those under eighteen
(18) by this Court,
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 thereby amended by adding subsection (c) to Section l-E, which
said subsection reads:
Section 2
(c)
Whenever in this Code or in any ordinance
of the City the doing or failure to do an
act (except traffic offenses) is punish-
able by imprisonment, nothing therein shall
be construed to authorize the judge of the
municipal court of this city to impose any
jail sentence on any person under eighteen
(18) years old charged with such offense,
and the imposition of jail sentences upon
such juvenile offenders by that Court is
hereby prohibited.
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 provisions or applications,
and to this end the provisions or applications of this ordinance are
RECORD OF PROCEEDINGS
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declared to be severable.
Section 3
A public hearing on this ordinance shall be held on the
~ day of ~L-z~, 1976, at 5:00 P.M. 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, at its regular meeting
held ~ ~/~ ~, !976. ~~~Y~ROR ?
KATHRYN ~. _~AUTER, CITY CLERK
RECORD OF PROCEEDINGS
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STATE OF COLORADO )
)
COUNTY OF PITKIN )
ss. 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
:~1 reading, at a regular~.~.meeting of thee
City ~ounci of the City of Aspen on
197 ~, and published in the Aspen Times, a weekly newspaper
of general circulation, published in the City of Aspen,
Colorado, in its issue of ~
and was finally adopted and approved at a regular meeting
of the City Council on ~ ~ , 197_~
and ordered published as Ordinance No. /~'-- , Series of
197~, 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 ~
day of ~Z~ , 197~.
City Clerk