HomeMy Public PortalAboutOrdinance 486 Amending Chapter 1 Article 4 Regarding General PenaltyTOWN OF FRASER
ORDINANCE NO. 486
SERIES OF 2022
AN ORDINANCE AMENDEDINT CHAPTER 1 ARTICLE 4 OF THE FRASER
MUNICIPAL CODE REGARDING GENERAL PENALTY
WHEREAS, Senate Bill 21-271 ("SB 271") revises sentencing for criminal offenses upon
the recommendations of the Colorado Criminal and Juvenile Justice Commission;
WHEREAS, SB 271, in relevant part, reforms the maximum fines and sentences for
misdemeanors and petty offenses; and
WHEREAS the Town now seeks to revise the Fraser Town Code accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES FOR THE
TOWN OF FRASER, COLORADO, THAT:
PART 1: AMENDMENT OF MUNICIPAL CODE.
Chapter 1, Article 4 of the Fraser Municipal Code (herein sometimes referred to as the
"Municipal Code") is hereby amended as follows [Note: additions are shown in bold
underlined print; deletions are shown as strik gh print]:
Article 4 General Penalty:
Se. 1-4-10: General penalty for violation:
It shall be unlawful for any person to violate, disobey, omit, neglect, refuse
or fail to comply with or resist the enforcement of any provision of this Code;
and where no specific penalty is provided therefor, the violation of any
provision of this Code shall be punished by a fine not exceeding two
thousand six hundred fifty dollars ($2,650.00) one thousand ($1,000.00), by
imprisonment for a term not exceeding three hundred sixty-four (364) days,
or by both such fine and imprisonment. Each day such violation continues
shall be considered a separate offense.
PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser
covering the same matters as embraced in this Ordinance are hereby repealed and all
ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby
repealed; provided, however, that such repeal shall not affect or prevent the prosecution or
punishment of any person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this Ordinance.
PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser
hereby declares that it would have adopted this Ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases thereof be declared invalid or unconstitutional.
PART 4: EFFECTIVE DATE, This Ordinance shall take effect thirty (30) days after passage,
adoption and publication thereof as provided by law.
PART 5: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
AND SIGNED THIS 16th DAY OF FEBRUARY, 2022.
Votes in favor: 1
Votes opposed: G
Votes abstained: n
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Philip Van. -rnail, Mayor
ATTEST:
Antoinette McVeigh, Town Clerk
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