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Home My WebLink About 936 E-ticket FMC AmendmentORDINANCE N0.936 AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE REGARDING E- TICKETING FOR TRAFFIC INFRACTIONS WHEREAS, the Firestone Board of Trustees ("Board") desires to amend the Firestone Municipal Code ("Code") to expressly authorize the electronic generation and electronic signing of summonses and complaints and penalty assessment notices for traffic infractions issued by the Firestone Police Department for violations of Title 10 of the Code and the Model Traffic Code as amended and adopted therein; and WHEREAS, the Board further desires to amend the Code to clarify that tender by an officer of a summons and complaint or penalty assessment notice constitutes notice to the violator to appear in court at the time specified on such summons or penalty assessment or to pay the required fine and surcharge thereon, so long as it is reasonably clear from the face of the ticket that the ticket was personally served on the defendant prior to the expiration of the one- year statute of limitations; and WHEREAS, the Board further desires to amend the Code clarify that the Court may issue a warrant for a defendant's arrest or enter a default judgment against the defendant for failure to pay or appear, regardless of whether the defendant has signed the summons and complaint or penalty assessment notice, provided that proper service can be inferred from the information contained on the face of such summons and complaint or penalty assessment notice; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Title 10 of the Firestone Municipal Code is hereby amended by the addition a new Section 10.04.060, to read as follows: Sec. 10.04.060.-Electronic tickets authorized —service — no defendant signature required. (A) The Municipal Court shall not dismiss any charges or refuse to enforce any provision of this Chapter or the Model Traffic Code as adopted herein solely because a summons and complaint or penalty assessment notice is issued in electronic form or contains an officer's electronic signature. (B) Tender by an officer of a summons and complaint or penalty assessment notice shall constitute notice to the violator to appear in court at the time specified on such summons or to pay the required fine and surcharge thereon; provided that, it must be reasonably clear from the face of the ticket that the ticket was personally served on the defendant prior to the expiration of the one-year statute of limitations. The officer's signature, electronic or otherwise, shall be prima facie evidence the ticket was personally served on the defendant. The date 1 appearing next to the officer's signature shall be prima facie evidence of the date on which the ticket was served on the defendant. (C) The fact that a summons and complaint or penalty assessment notice was not signed by the defendant shall in no way affect the authority of the Municipal Court to issue a warrant for the defendant's arrest or to enter against the defendant a judgment of liability by default for failure to appear or to pay, or the authority of the Municipal Court to assess against the defendant penalties for failure to appear or to pay. Section 3. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED 1N FULL this 13t1' day of June, 2018. TOWN OF FIRESTONE, COLORADO ©O® — BQb i Sindel , Mayor ATTEST. g f OU Leah Vanarsdall, Town Cleric V 2