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ORDINANCE NO. ~
(Series of 1973)
AN ORDINANCE AMENDING THE MUNICIPAL CODE BY THE ADDITION OF
A NEW SECTION DECLARING IT UNLAWFUL TO FAIL TO RESPOND TO A
SUMMONS ISSUED FOR A VIOLATION OF THE MUNICIPAL CODE; CONSTI-
TUTING THE FAILURE TO APPEAR AS A SEPARATE OFFENSE; AND PRO-
VIDING PENALTIES THEREFORE.
WHEREAS, the Colorado Municipal Court Rules of Procedure
provide that i£ a person upon whom a summons has been served
for a violation of the municipal code fails to appear in person
or by counsel at the time and place specified therein, a bench
warrant may issue for his arrest, and
WHEREAS, the City Council at the request of the Municipal
Judge and City Attorney, wishes to provide that failure to
appear shall constitute an offense so as to authorize the
Municipal Court to impose appropriate penalties in addition
to the remedies provided for by the Municipal Court Rules
Procedure and
WHEREAS, Section 4.8 of the Aspen Charter requires that
every act establishing a regulation for the violation of which
a penalty is imposed shall be by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
ASPEN, COLORADO:
Section 1.
That the Municipal Code of the City of
is hereby amended by adding a section which
Aspen, Colorado,
said section reads
as follows:
"Section 1-15 Failure to Appear.. It shall be unlawful
for any person upon whom a summons has been served for
a violati~of a municipal ordinance to fail to appear
in person or by counsel at the time and place specified
there. Such failure to appear shall constitute a
RECORD OF PROCEEDINGS
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separate offense and shall be punished by a fine of
not exceeding three hundred dollars ($300.00) or
imprisonment for a period of not more than ninety (90)
days or both such fine and imprisonment at the discretion
of the Court."
Section 2.
If any provision of this ordinance or the application
thereof to any person or circumstance shall be found to be
invalid, such invalidity shall not affect any remaining portion
or application which can be given effect and to this end this
ordinance is declared to be severable.
Section 3.
A public hearing on this ordinance shall be held on
, 1973, at 5 p. m. in the City Council
Chambers, City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED,
law by the City Council of the City of Aspen,
the _ /~-
ATTE ST: ~._~
as provided by
Colorado, on
day of Nav~-~ ~'~- , 19~73.
~acy St~n~l~Y III - /
ayor ?
FINALLY ADOPTED,
ATTEST: .
PASSED AND APPROVED this
1973.
day
Staoy S % ley
, ayor
STATE OF COLORADO)
)
COUNTY OF PITKIN )
ss CERTIFICATE
City Clerk of Aspen, Colorado,
~.~m3£, Lorraine Graves,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on first
reading at a regular meeting of the City Council of the
City of As~en on November 12 ,1773_~, and nublish-
a weekly newsga~er of Feneral ci°'cul-
City of Ashen, Colorado, in its
, 1~73 , and was finally
ed in the Aspen Times,
ation, published in the
issue of November 14
,19~ ,,and ordered published
Series of 1773__, of said City, as
adopted and aD,roved at a regular meeting of the City
Council on November 26
as Ordinance No. 33
.,
.~rovided by law.
IN WITNESS ~HEREOF, I have hereunto set my hand and
the seal of said City of Asnen, Colorado, this 27th
day of November , 1073 .
SEAL
Gr~ves, City Clerk