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Home My WebLink Aboutordinance.council.029-13 ORDINANCE NO.-2N (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 1.04.080 AND SECTION 24.04.020 (D) (2) OF THE ASPEN MUNICIPAL CODE TO INCREASE THE MAXIMUM FINE FROM $1,000.00 TO $2,650.00 FOR VIOLATIONS OF THE MUNICIPAL CODE, AND TO LIMIT AND ADJUST THE MUNICIPAL COURT FINES FOR INFLATION ON JANUARY 1, 2014 AND ON JANUARY 1 OF EACH YEAR THEREAFTER WHEREAS, Article XX, Section 6(h) of the Colorado Constitution grants to home rule municipalities all other powers necessary, requisite or proper for all government and administration of its local and municipal matters, including the power to legislate upon, provide, regulate, conduct and control the imposition, enforcement and collection of fines and penalties for the violation of any provision of its charter, or of any ordinance adopted in pursuance of its charter; and WHEREAS, the Colorado Supreme Court has held that the imposition of fines and penalties for the violation of its ordinances by rule municipalities is proper exercise of home rule authority under Article XX, sec. 6, Colorado Constitution; and WHEREAS, the City of Aspen currently has a limitation on fines that is the same limit that the state legislature had previously imposed on statutory municipalities; and WHEREAS, the general assembly did during the 2013 legislative session amend Section 13-10-113, C.R.S., authorizing municipal courts of record in statutory municipalities to impose a fine of up to two thousand six hundred fifty dollars ($2,650.00) or imprisonment for a period of up to one year, or both, upon persons convicted of a municipal ordinance or code offense; and 1 WHEREAS, the general assembly did during the 2013 legislative session further amend section 13-10-113, C.R.S., stating that the limitation on municipal court fines shall be adjusted for inflation on January 1, 2014, and on January 1 of each year thereafter; "inflation" means the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for Denver-Boulder, all items, all urban consumers, or its successor index; and WHEREAS, the Aspen Municipal Court Judge has been advised of the change in Colorado state law and recommends that the City of Aspen should increase its maximum fines accordingly to ensure that City of Aspen fines are consistent with those of other municipalities in the state; and WHEREAS, the City Council desires to amend the Aspen Municipal Code to authorize imposition of a fine for municipal ordinance violations of up to two thousand six hundred fifty dollars ($2,650.00), or imprisonment for a period of up to one year, or both, upon persons convicted of a municipal ordinance or code offense; and to allow that limitation on Municipal Court fines to be adjusted for inflation on January 1, 2014 and on January 1 of each year thereafter; and WHEREAS, the Aspen Municipal Code currently provides for the $1000.00 limitation on fines in two sections, 1.04.080, General Penalty, and 24.04.020 (d)(2), Penalties, for violations of the Model Traffic Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: 2 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 two thousand six hundred fifty dollars ($2,650.00) 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. The limitation on municipal court fines set forth shall be adjusted for inflation on January 1, 2014 and on January 1 of each year thereafter; inflation means the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index. Section 2 3 Section 24.04.020 (d)(2) of the Municipal Code of the City of Aspen, Colorado, which section imposes a general penalty for violations of the Model Traffic Code section of the Municipal Code, is hereby amended to read as follows: (2) Every person convicted of a violation of any offense in this Section shall be subject to the penalties set forth in Section 1.04.080 of this Code. - - - - Section 3 - - - - - - - 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 4 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 22nd day of July, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. 4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 81h day of July, 2013. Steven Ska�ron,Mayor ATT ST: r i athryn S. Ko.c , City Clerk t FINALLY adopted, passed and approved t 's 2 n dr.�of 1 uly, 2013. t SteveA Sladron,Mayor ATT ST: Kathryn S. Koh , City Clerk 5 Ad Name: 9349287A LEGAL NOTICE l Customer: Aspen (LEGALS) City of ORDINANCE eri 2es P BLIC HEARIN Ortlinance#29,Series of 2013,was adoptetl on first reading at the City Council meeting July 8, Your account number: 1013028 2013. This ordinance,if adopted will increase the maximum fines for municipat code violations The public hearing on this ordinance is scheduled for July 22,2013,at 5 PM,City hall,130 South Gale- na. To see PROOF OF PUBLICATION websitethe entire text,go to the city's legal notice http://www.aspe npitki n.conVDe partments/C le rk/Le- gal-Notices/ /f you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. T31 A2Z1 TIM:1 Published in the Aspen Times Weekly on July 11, STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 7/11/2013 and that the last publication of said notice was in the issue of said newspaper dated 7/11/2013. In witness whereof,I have here unto set my hand this 07/23/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 07/23/2013. Pamela J. Schultz,Notary Public Commission expires:November 1,2015 Y P�e`,� PAMELA J. SCHULTZ MY Cantnlssilin Exoes 1tillo 5