HomeMy WebLinkAbout07487ORDINANCE NO. 7487
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE I OF THE PUEBLO MUNICIPAL CODE BY
THE ADDITION OF SUBSECTION 8 RELATING TO THE LIABILITY OF PARENTS FOR FINES
AND COURT COSTS IMPOSED AGAINST THE PARENTS' MINOR CHILD FOR VIOLATION OF
THE PUEBLO MUNICIPAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter
deleted, underscoring indicates matter added.)
SECTION 1.
Chapter 2 of Title I of the Pueblo Municipal Code is hereby amended by the addition
of the following section:
1 -2 -8. Parental Responsibility
(a) Whenever a minor under the age of eighteen years is convicted of or pleads
guilty or nolo contendere to any violation of this Code, or any secondary code adopted
herein, and the Court imposes a fine and /or court costs pursuant to such conviction or plea,
the parents of the minor shall be jointly and severally liable for the payment of such fine
and /or court costs. It shall be an affirmative defense to the obligation created by this
section if the parent demonstrates to the Court:
offense
or
The parent did not have lawful custody of the minor at the time of the
The minor was not residing with the parent at the time of the offense;
The minor is an emancipated minor.
For the purposes of this section only, the term "emancipated minor" means
an individual under the age of eighteen years whose parents have surrendered parental
responsibilities or custody, the right to the care, and earnings of such individual and are no
longer under a duty to support or maintain such individual
SECTION 2.
This Ordinance and the liability imposed therein shall only apply prospectively and with
respect to those convictions or pleas entered after the effective date of this Ordinance.
SECTION 3.
If any provision of this Ordinance is determined to be invalid or unenforceable, such
determination shall not affect the validity or enforcement of any other provision of this Ordinance.
SECTION 4.
This Ordinance shall take effect on the twentieth day following its passage.
INTRODUCED: June 26, 2006
BY: Randy Thurston
COUNCILPERSON
APPROVED:
President of City Council
ATTESTED BY:
CITY CLERK
PASSED AND APPROVED: July 10, 2006
D D 0
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # A 2�
DATE: June 26, 2006
DEPARTMENT: Law Department
TITLE
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE I OF THE PUEBLO MUNICIPAL
CODE BY THE ADDITION OF SUBSECTION 8 RELATING TO THE LIABILITY OF
PARENTS FOR FINES AND COURT COSTS IMPOSED AGAINST THE PARENTS'
MINOR CHILD FOR VIOLATION OF THE PUEBLO MUNICIPAL CODE
ISSUE
Should the Council pass and approve the proposed Ordinance which, subject to specific
limitations, creates personal liability upon the parents for fines and court costs imposed
against the parents' minor child?
RECOMMENDATION
Council should pass and approve the proposed Ordinance
The Municipal Court is increasingly dealing with minors who fail or refuse to comply with
conditions of plea agreements entered by said minors with the presence and participation
of their parents. This inevitably results in the imposition of fines and court costs which
remain unpaid due to the inaction of the minors and the lack of control or direction of the
parent. It is the intent of this Ordinance to address the unpaid fines and costs and to
address the lack of parental responsibility exhibited in such circumstances.
FINANCIAL IMPACT
The costs associated with implementation of the proposed Ordinance are negligible, and
the proposed Ordinance may increase the amount of fines collected.