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.