HomeMy WebLinkAboutordinance.council.047-03 ORDINANCE ~ ,, SERIES OF 2003
AN ORDINANCE OF THE CITY OF ASPEN~ COLORADO, AMENDING
SECTION 1.04.080 OF THE ASPEN MUNICIPAL CODE, ENTITLED
"GENERAL PENALTY FOR VIOLATIONS OF CODE; CONTINUING
VIOLATIONS; DEFAULT" BY ADDING A SUBSECTION ESTABLISHING A
"SURCHARGE" ON FINES IMPOSED FOR CRIMINAL AND TRAFFIC
VIOLATIONS OF THE MUNICIPAL CODE.
WHEREAS, Colorado Revised Statutes Section 24-4.2-109 expressly provides that a
home rule municipality such as the City of Aspen may enact ordinances to provide funds
for law enforcement agencies and victims and witnesses assistance programs through
charges assessed on fines imposed for violation of local ordinances, and
WHEREAS, Section 1.04.080 of the Aspen Municipal Code, entitled "General Penalty
for Violations of Code; Continuing Violations; Default," PrOvides the potential fines,
imprisonment, and costs for a violation of a provision of the municipal code or a
municipal ordinance, and
WHEREAS, the City of Aspen finds that it is in the best interests of the community to
assess a surcharge for violations of a criminal or traffic provision of the municipal code
or a municipal ordinance to provide funds for the Aspen law enfomement agencies and
for victims and witnesses assistance programs, and
WHEREAS, the proposed ordinance promotes the health, safety, and welfare of the
citizens of the City of Aspen.
NOW, THEREFORE, BE IT ORDAINED BY THE cITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1.
That Section 1.04.080 of the Municipal Code of the City of Aspen, Colorado, is hereby
amended by the addition of a subsection "(f)," which shall read as follows:
69 A surcharge equal to thirty-five percent (35%) of the fine imposed for violation of all
municipal ordinances included in Chapter 15.04 of the Aspen Municipal Code, entitled
"Miscellaneous Offenses and Penalties, "and a flat rate surcharge (to be established in
the "Municipal Court Amended Order Establishing Schedule of Bonds and Fines") for
violation of any offense included in Section 24.04. 020 of the Aspen Municipal Code,
entitled the "Model Traffic Code, "but excluding parking tickets, shall automatically be
levied on each municipal court action resulting in a conviction, plea of guilty or no
contest, or in a deferred judgment and sentence, provided that the total of said fine and
surcharge shall not exceed the maximum fine established for such violation under this
code. All calculated surcharge amounts resulting in dollars and cents shall be rounded
down to the nearest whole dollar. In the event a portion of the fine is suspended, the
surcharge levied shall be computed based upon the original fine prior to the suspension.
Said surcharge shall be paid to the City of Aspen in the same manner as the fine, and the
surcharge portion shall be placed in the "Surcharge Fund. "Disbursement of the funds
shall be in accordance with the guidelines set forth herein.
All disbursements from the "Surcharge Fund" shall be first approved by resolution of
the Aspen City Council. The fund may be used for any of the following purposes:
(1) Provision of services for early crisis intervention;
(2.) Provision of telephone lines for victims and witnesses assistance;
(3) Referral of victims to appropriate social service and victim compensation
programs and assistance in filling out forms for compensation;
(4) Assistance programs for victims and their families;
(5) Education of victims and witnesses about the operation of the criminal
justice system;
(6) Assistance in prompt return of the victim 's property;
(7) Notification to the victim of the progress of the investigation, the
defendant's arrest, subsequent bail determinations, and the status of the
case;
(8) Intercession with the employers or creditors of victims or witnesses;
(9) Assistance to the elderly and to persons with disabilities in arranging
transportation to and from court;
(10) Provision of translator services;
(10 Coordination of efforts to assure that victims have a secure place to wait
before testifying;
(12) Provision of counseling or assistance during court appearances when
appropriate;
(13) Protection from threats of harm and other forms of intimidation; and
(14) Special advocate services.
(15) Grants of money to City of Aspen law enforcement agencies for, but not
limited to, the following purposes: purchase of equipment, training
programs, and additional personnel. Such moneys shall not be used for
defraying the costs of routine and ongoing operating expenses.
(16) For the funding or partial funding of a substance abuse assistance
program receiving referrals from City of Aspen law enforcement agencies.
The "Surcharge Fund" shall be maintained by the City of Aspen Finance Department in
an interest bearing account. Any funds remaining in the "Surcharge Fund" at the end of
the fiscal year shall automatically carry over in their entirety to the next fiscal year.
Section 2.
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
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 3.
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.
Section 4.
A public hearing on the ordinance shall be held on the day of ., 2003, at
5:00 p.m. in the City Council Chambers, Aspen City Halt, 130 South Galena, Aspen,
Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the
City Council of the City of Aspen on the day of ,2003.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed, and approved this day of ., 2003.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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