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HomeMy WebLinkAbout08363ORDINANCE NO. 8363 AN ORDINANCE DECRIMINALIZING CERTAIN TRAFFIC OFFENSES, ADOPTING RULES FOR THE ADJUDICATION OF SUCH OFFENSES, AND ADOPTING CIVIL PENALTIES FOR DECRIMINALIZED CIVIL TRAFFIC INFRACTIONS WHEREAS, certain municipal traffic offenses should be treated as civil infractions, rather than municipal offenses; and WHEREAS, the state and many other municipalities across Colorado have decriminalized minor traffic offenses; and WHEREAS, the decriminalization of minor traffic offenses expedites the adjudication of these offenses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 15-1-6 of Chapter 1, Title 15 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 15-1-6. Penalties for violations of this Chapter. The following penalties shall apply to a violation of any of the provisions of the Model Traffic Code herein adopted and to the provisions of this Chapter: (1) It is unlawful for any person to violate any of the provisions of the Model Traffic Code or any of the provisions of this Chapter. [ (2)Every person convicted of a violation of any of the provisions of the Model Traffic Code or of this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment, except as provided by paragraph (3) ] below. (2) Notwithstanding any other provision in this Chapter and the Model Traffic Code, every offense under the Model Traffic Code, as adopted by the City of Pueblo, shall constitute a civil traffic infraction punishable by a civil penalty only, not to exceed One Thousand Dollars ($1,000), except for the following offenses, which shall constitute municipal offenses subject to a civil penalty of not more than One Thousand Dollars ($1,000), or imprisonment not to exceed one year, or both: (a) Section 1401, Model Traffic Code, Reckless driving; (b) Section 1413, Model Traffic Code, Eluding or attempting to elude a police officer; (c) Section 107, Model Traffic Code, Obedience to police officers; (d) Section 1105, Model Traffic Code, Speed contests; (e) Driving twenty or more miles per hour in excess of the reasonable and prudent speed or twenty or more miles per hour in excess of the maximum lawful speed limit of seventy-five miles per hour; and (f) Any offense that is a counterpart of a state offense that has not been decriminalized under state law. (3) No person shall be arrested for any civil traffic infraction. The Municipal Court shall not imprison any person for any civil traffic infraction and shall not issue any warrant for the arrest of any person accused of or found liable for a civil traffic infraction, except that the Court may issue arrest warrants for and imprison any such person for contempt of court. The Court shall have the authority to order persons found liable for civil traffic infractions to pay the civil penalties, costs, and surcharges for such infractions. No person accused of a civil traffic infraction shall be granted a jury trial. The Municipal Court shall apply the Colorado Rules for Traffic Infractions in every case involving a civil traffic infraction. The Municipal Judge shall act as the referee in all such cases. The Municipal Court shall communicate all outstanding judgments in civil traffic infraction cases, including all defaults, judgments, civil penalties, costs, and surcharges, and failure to pay the same, to the Colorado Department of Revenue, Division of Motor Vehicles. The Municipal Court may also send unpaid defaults, judgments, civil penalties, costs, and surcharges to a collection agency. [][ (4)liable for a (3) Every person found guilty of a violation of any of the ] civil traffic infraction under provisions of Sections 1412, 1415 or 221 of the Model Traffic Code shall be punished by a civil penalty of not more than twenty- [] five dollars ($25.00), by removal and detention of the license plate from such person's bicycle for a period not to exceed ninety (90) days, or by impounding such person's bicycle for a period not to exceed ninety (90) days. [] (5) (4)The presiding Municipal Judge shall at least annually review the schedule of designated civil penalties of the Traffic Violations Bureau and adopt on or before January 15 of each year a schedule of designated civil penalties for the Municipal Court, provided that failure to so annually adopt such a schedule of designated fines shall not invalidate any such schedule previously adopted. [] (6) (5)In addition to the penalties provided herein, any person or found liable for a civil traffic convicted of a municipal traffic violation infraction for which points may be assessed by the Colorado Department of Revenue, other than violations of the provisions of Section 1412, 1415 or 221 of the Model Traffic Code, shall be assessed a fee, to be known as the school [] crossing guard surcharge, in the amount of ten dollars ($10.00); provided, [] found liable for however, that any person convicted ofa parking violation shall, in addition to the penalties provided herein, be assessed a fee, to be known as the school crossing guard surcharge, in the amount of four dollars [][ ($4.00). The school crossing guard surcharge shall be imposed at the time of ] the defendant is found liable conviction and may not be suspended or waived by the Court. For purposes of this Subsection, conviction shall include guilty pleas, no contest pleas, findings of guilt and deferred sentences entered on any such traffic violation or parking violation. The school crossing guard surcharge shall be collected by the Municipal Court and paid into the City's general fund. SECTION 2. This Ordinance shall become effective upon final passage and approval; provided, however, that it shall apply only to violations of the municipal traffic code occurring on or after 12:01 a.m., August 1, 2011. INTRODUCED: June 13, 2011 BY: Judy Weaver COUNCILPERSON PASSED AND APPROVED: June 27, 2011 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # R-3 June 13, 2011 DEPARTMENT: Law Department Thomas J. Florczak, City Attorney TITLE AN ORDINANCE DECRIMINALIZING CERTAIN TRAFFIC OFFENSES, ADOPTING RULES FOR THE ADJUDICATION OF SUCH OFFENSES, AND ADOPTING CIVIL PENALTIES FOR DECRIMINALIZED CIVIL TRAFFIC INFRACTIONS ISSUE Should City Council decriminalize minor traffic offenses? RECOMMENDATION Approve the Ordinance. BACKGROUND At present, traffic offenses under the Pueblo Municipal Code are criminal in nature, which require a jury trial and other criminal procedures. The proposed ordinance would decriminalize minor traffic offenses. The state and several other municipalities have decriminalized the same offenses, including Denver, Lakewood, Loveland, Louisville, and Littleton. The proposed ordinance would leave certain serious traffic offenses criminal in nature, including reckless driving, eluding or attempting to elude a police officer, obedience to police officers, speed contest, speeding twenty or more in excess of the speed limit, and any offense that is a counterpart of a state offense that has not been decriminalized under state law. FINANCIAL IMPACT Unknown.