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HomeMy WebLinkAbout08702ORDINANCE NO. 8702 AN ORDINANCE AMENDING CHAPTER 6 OF TITLE I OF THE PUEBLO MUNICIPAL CODE TO PROVIDE FOR THE IMPOSITION OF GENERAL COURT COSTS WHEREAS, the City provides office space, computer equipment and access to City software and other technology to attorneys and law enforcement who prosecute cases in Municipal Court; WHEREAS, the City incurs expense for the provision of office space, computer equipment and access to City software and other technology in the prosecution of cases in Municipal Court; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Section 1-6-10 of Chapter 6, Title I, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 1-6-10. Imposition of costs. Whenever any person is convicted of a municipal offense, including any traffic violation, the Municipal Court shall, in addition to any fine and imprisonment imposed, mandatory court costs in the amount of $10. Court assess against the offender costs shall be imposed at the time of conviction and may not be suspended or waived by the Court unless the Court makes a finding based upon reliable documentation submitted by defendant, that defendant is unable to pay the mandatory court costsFor purposes of this Section, shall include all . conviction verdicts of guilty by a judge or jury, pleas of guilty or nolo contendere, and deferred sentences entered with respect to any violation of any provision of the Pueblo Municipal Code, as amended. The Court may further impose in addition to mandatory court costs, other the amount of costs reasonably incurred by the City in the prosecution. Such costs may include, but are not limited to, statutorily and ordinance-imposed surcharges, witness fees and mileage paid to witnesses, costs for issuance and execution of warrants, Colorado Division of Motor Vehicles outstanding judgment warrant fees, docket fees, jury fees, deferred sentence fees, record check fees, payment plan fees, late payment fees, fees for certifying any record, fees for service of process, actual costs paid to any expert witness and any fees for interpreters. The Presiding Municipal Judge may adopt a schedule setting forth an itemization of fees and costs incurred in such cases, which shall be posted in the office of the Clerk of the Municipal Court. SECTION 2. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and to effectuate the policies and procedures described herein. SECTION 3. This Ordinance shall become effective upon final passage and approval. INTRODUCED: January 27, 2014 BY: Ami Nawrocki COUNCILPERSON PASSED AND APPROVED: February 10, 2014 Background Paper for Proposed ORDINANCE DATE: January 27, 2014 AGENDA ITEM # R-7 DEPARTMENT: City Manager Sam Azad Law Department Dan Kogovsek, City Attorney TITLE AN ORDINANCE AMENDING CHAPTER 6 OF TITLE I OF THE PUEBLO MUNICIPAL CODE TO PROVIDE FOR THE IMPOSITION OF GENERAL COURT COSTS ISSUE Should the Pueblo Municipal Code be amended to provide for the imposition of general court costs against those found guilty of violating any provision of the Pueblo Municipal Code? RECOMMENDATION Approve the Ordinance. BACKGROUND The Pueblo Municipal Code provides for the imposition of costs against any person convicted of a municipal offense, including traffic violations. The costs imposed must be reasonably incurred by the City in the prosecution of Municipal Court cases. The City provides office space, computer equipment, software and other technology to attorneys and law enforcement to be used in the prosecution of Municipal Court cases. The City incurs a cost for the provision of these services and equipment. The imposition of mandatory Court Costs in the amount of $10.00 against every person convicted of violating the Municipal Code or City Charter is reasonable given the cost to the City of providing these services and equipment for Municipal Court prosecutions. FINANCIAL IMPACT None.