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Home My Public Portal AboutOrdinance 412 Amending Chapter 1 Article 4 of The Town Code With Respect to Municipal Court Fines Applicable in The Town of Fraser TOWN OF FRASER ORDINANCE NO. 412 Series 2013 AN ORDINANCE AMENDING CHAPTER 1 ARTICLE 4 OF THE TOWN CODE WITH RESPECT TO MUNICIPAL COURT FINES APPLICABLE IN THE TOWN OF FRASER WHEREAS, the Colorado General Assembly recently passed House Bill 13-1060, which increased the maximum fine available under state law for violations of municipal ordinances; WHEREAS, Governor Hickenlooper signed House Bill 13-1060 into law on April 18, 2013, effective immediately; WHEREAS, the Town Board of the Town of Fraser desires to amend the Fraser Municipal Code to allow for an increase of the maximum fine amount available thereunder to correspond with the maximum fine amount available under state law. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: PART 1: AMENDMENT OF MUNICIPAL CODE. The Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Municipal Code") is hereby amended as follows: [Note: additions are shown in black bold underlined print; deletions are shown as mile print; the notation "No Change" indicates that the referenced provisions are not modified]: 1. Chapter 1 Article 4 Section 10 - 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 one theusand dollars two thousand six hundred fifty dollars ($2,650.00) by imprisonment for a term not exceeding one (1)year, or by both such fine and imprisonment. Each day such violation continues shall be considered a separate offense. 2. Chapter 6 Article 5 Section 120(e) -The fine accepted shall be not less than five hundred dollars ($500.00) or more than two thousand six hundred fifty dollars ($2,650.00). 3. Chapter 7 Article 1 Section 70 -Any person convicted of maintaining a nuisance under this Chapter or who, being the owner, occupant or agent in charge of such lot, building, fence, structure, premises or place and fails or refuses to abate the nuisance within twenty-four(24) hours after being ordered to do so by the Board of Health, Chief of Police or other officer of the Town, shall be deemed guilty of a misdemeanor and, upon conviction, in addition to all legal remedies available for the enforcement of this Chapter, such as injunctions and mandatory restraining orders and any other relief, shall be punishable by a fine not exceeding dellarns ($1,000.00)two thousand six hundred fifty dollars ($2,650.00) for each separate offense. Every period of forty-eight(48) hours of continuance of the nuisance shall be a separate offense without need for separate notice for the second and subsequent offenses of the same continuing nuisance. 4. Chapter 7 Article 5 Section 70(a) -Any person admitting liability for, found to be guilty of or against whom a default judgment has been entered for a violation of this Article shall be subject to a civil penalty of not more than two thousand six hundred fifty dollars ($2,650.00). Each and every day a violation of this Article exists shall be deemed a separate offense, for which a separate civil penalty may be imposed. Proceedings for the determination of such liability and imposition of such civil penalty shall be conducted in the Municipal Court in the same manner as proceedings relating to noncriminal traffic infractions, in accordance with the provisions of Chapter 8, Article 1 of this Code. In no case shall any defendant found guilty of any violation of this Article be punished by imprisonment for such violation. 5. Chapter 7 Article 6 Section 140(a)— It shall be unlawful to own an animal that: (1) Causes severe bodily injury to a person in an unprovoked attack, whether on or off the premises of its owner. The owner of an animal that causes severe bodily injury to a person in an unprovoked attack, whether on or off the premises of its owner, shall be responsible for all the medical expenses incurred by such person. Any owner who shall violate the provisions of this Subsection shall, upon conviction, be fined a sum of not less than five hundred dollars ($500.00) nor more than two thousand six hundred fifty dollars ($2,650.00). and imprisoned for not less than five (5) days nor more than one (1) year. The Court shall also assess against the owner of the animal all costs incurred in apprehending, detaining, treating and disposing of the animal. (2) Causes bodily injury to a person in an unprovoked attack, whether on or off the premises of its owner. The owner of an animal that causes bodily injury to a person in an unprovoked attack, whether on or off the premises of its owner, shall be responsible for all the medical expenses incurred by such person. Any owner who shall violate the provisions of this Subsection shall, upon conviction, be fined a sum of not less than five hundred dollars ($500.00) nor more than two thousand six hundred fifty dollars ($2,650.00). or imprisoned for not more than one (1) year, or both such fine and imprisonment. The Court shall also assess against the owner all costs incurred in apprehending, detaining, treating and disposing of the animal. (3) Causes bodily injury to another animal in an unprovoked attack while on or off the premises of its owner. Any owner who shall violate the provisions of this Subsection shall, upon conviction, be fined a sum of not less than five hundred dollars ($500.00) nor more than . two thousand six hundred fifty dollars ($2,650.00). or imprisoned for not more than one (1) year, or both such fine and imprisonment. The Court shall also assess against the owner all costs incurred in apprehending, detaining, treating and disposing of the animal that caused the attack, as well as any costs incurred by the owner of the attacked animal in treating it or disposing of its body if it was killed. (4) [No Change] 6. Chapter 8 Article 1 Section 70 - The following penalties shall apply to traffic offenses and infractions under this Article: (1) Any person convicted of a criminal traffic offense, as defined in Subsection 8-1-40(a) above, shall be punished by a fine not exceeding two - 1 - thousand six hundred fifty dollars ($2,650.00), or by imprisonment for a term not exceeding ninety(90) days, or by both such fine and imprisonment. (2) Any person admitting liability for, found to be guilty of or against whom a default judgment has been entered for any noncriminal traffic infraction, as defined in Subsection 8- 1-40(b) above, shall be fined in an amount not exceeding , two thousand six hundred fifty dollars ($2,650.00). No defendant found to be guilty of any noncriminal traffic infraction shall be punished by imprisonment for such infraction. 7. Chapter 8 Article 3 Section 120 -Any person admitting liability for, found to be guilty of or against whom a default judgment has been entered for a violation of this Article shall be subject to a civil penalty of not more than two thousand six hundred fifty dollars ($2,650.00). Proceedings for the determination of such liability and imposition of such civil penalty shall be conducted in the Municipal Court in the same manner as proceedings relating to noncriminal traffic infractions, in accordance with the provisions of Article 1 of this Chapter. In no case shall any defendant found guilty of any violation of this Article be punished by imprisonment for such violation. 8. Chapter 13 Article 2 Section 360 - Failure to comply with the terms of this Article by failure to pay the necessary fees, charges and taxes and failure to otherwise comply with the terms of this Article shall constitute an offense and a violation thereof. Every person violating this Article shall be punished, upon conviction, by a fine of not less than twenty-five dollars ($25.00) nor more than two thousand six hundred fifty dollars ($2,650.00) or by imprisonment for a term not exceeding one (1)year, or both such fine and imprisonment for each offense. Account delinquency for each calendar month shall constitute 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 or the said Codes adopted herein 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 or said Codes. The Town of Fraser hereby declares that it would have adopted this Ordinance and said Codes, 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. - 2 - READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 21St day of AUGUST, 2013. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: TOWN OF F R, C ADO Votes abstained: ° BY. - Peg Mayor ATTE ( SEAL ) Lu Berger, Town Cle Published in the Middle Park Times on August 29, 2013 - 3 -