HomeMy WebLinkAboutordinance.council.008-01 ORDINANCE NO. 8
SERIES OF 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY REPEALING
SECTION 24.04.130 IN ITS ENTIRETY AND BY REENACTING
SECTION 24.04.130, ENTITLED "JURISDICTION OF COURTS OVER
VIOLATIONS," THEREBY RE-ADOPTING EXISTING LANGUAGE AND
ADOPTING A PROVISION ELIMINATING THE RIGHT TO A JURY TRIAL
IN TRAFFIC AND PARKING CASES.
WHEREAS, the City of Aspen, Colorado, has a municipal court, which has original
jurisdiction of all cases arising under the Aspen Municipal Code and other ordinances of
the City with full power to punish violators thereof by the imposition of such fmcs and
penalties as are prescribed by ordinance or court rule, and
WHEREAS, the cases that municipal court handles include the criminal offenses set forth
in Chapter 15 of the Aspen Municipal Code, City traffic offenses, and City parking
offenses, and
WHEREAS, the State of Colorado (Section 13-6-502, CRS) and municipalities in the
State of Colorado have eliminated the right to a jury trial for some traffic and parking
offenses, and
WHEREAS, jury trials for traffic and parking tickets constitute an ineffectual use of staff
and City resources, and
WHEREAS, the City therefore, consistent with other jurisdictions, desires to eliminate
the right of jury trials for traffic and parking offenses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1
That the Municipal Code of the City of Aspen, Colorado, is hereby amended by the
repeal in its entirety of Section 24. 04.130, entitled jurisdiction of courts over violations,
and by the adoption of a new Section 24. 04.130, jurisdiction of courts over violations,
which shall read as follows:
Section 24.04.130 Jurisdiction of courts over violations.
(a) Any violation of this chapter shall be punishable in the municipal court of the city by
penalty as provided by this Code or other ordinance of the city regulating the use of
public streets, or in the county and district courts of Pitkin County, as provided by the
statutes of the state. The courts shall have jurisdiction to hear and try any person
charged with such violation and if such person be guilty, to punish such person as
provided by this Code or other ordinances of the city or the state statutes.
(b) Notwithstanding the provisions of Rule 223 of the Colorado Municipal Court Rules
of Procedure, or any other provision o flaw, the right o fa jury trial shall not be available
at a hearing where the cited person is charged in municipal court with a traffic or
parking offense.
Section 2
If any subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the remaining portions thereof.
Section 3
The ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of any other
ordinance, and the same shall be conducted and concluded under such other ordinance.
Section 4
A public hearing on the ordinance shall be held on the 26th day of February 2001,
at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen,
Colorado.
INTRODUCED AND READ as provided by law by the City Council of the City of
Aspen on the 12th day of February 2001.
ATTEST:
Kathryn S. ~ch, City Clerk
FINALLY adopted, passed and approved this 26m day of February 200~--~.~
R~chel E. Richards, Mayor
ATTEST:
Kathry~,ty Cl~(erk