HomeMy WebLinkAbout955 FMC Amend General PenaltyORDINANCE 955
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, AMENDING SECTION 1.16.010 OF THE FIRESTONE MUNICIPAL
CODE REGARDING THE MUNICIPAL CODES GENERAL PENALTY
WHEREAS, HB 19-1148 enacted in this year's legislative session reduced the maximum jail
sentence for municipal ordinance violations from one year to 364 days; and
WHEREAS, the maximum fine amount for violation of municipal offenses is set forth in
C.R.S. § 1340-113, which amount is adjusted for inflation on a yearly basis; and
WHEREAS, in accordance with C.R.S. § 13-10-113 a municipal judges authority to incarcerate a
juvenile is limited as to specified terms and conditions not to exceed 48 hours in juvenile
detention facilities operated under contract with the Colorado Division of Youth Services; and
WHEREAS, the rules for issuance of a summons and complaint for municipal court and all other
procedural matters are set forth in the Colorado Municipal Court Rules which govern the
procedure in all municipal charter and ordinance violation cases. (C.M.C.R. Rule 201); and
WHEREAS, to ensure compliance with the above referenced statutes and rules it is necessary to
amend the general penalty provision of the municipal code.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, COLORADO:
Section 1. Section 1.16.010, General penalty, of the Firestone Municipal Code is
amended to provide as follows:
A. No person shall violate any of the provisions of the ordinances of the Town.
Except in cases where a different punishment is prescribed by any ordinance of the
Town, any person, at least ten years of age but not yet eighteen years of age, who violates
any of the provisions of the ordinances of the Town, shall be punished by a fine not
exceeding, at the time of the commission of the offense, the maximum fine established by
the state for municipal ordinance violations.
B. No person shall violate any of the provisions of the ordinances of the Town.
Except in cases where a different punishment is prescribed by any ordinance of the
Town, any person eighteen years of age or older at the time of the violation, who violates
any of the provisions of the ordinances of the Town, shall be punished by a fine not
exceeding, at the time of the commission of the offense, the maximum fine established by
the state for municipal ordinance violations or by imprisonment not to exceed 364 days,
or both such fine and imprisonment.
C. Each such person shall be guilty of a separate offense for each and every day
during any portion of which any violation of any provision of the ordinances of Firestone,
Colorado, is committed, continued or permitted by any such person, and he or she shall
be punished accordingly.
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Section I If any article, section, paragraph, sentence, clause, or phrase of this
ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect
the validity or constitutionality of the remaining portions of this ordinance. The Board of
Trustees hereby declare it would have passed this ordinance and each part or parts hereof
irrespective of the fact that any one part or parts be declared unconstitutional or invalid.
Section 3, 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
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Leah Vanarsdall, Town Cleric
Willi
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AS TO FORM:
Town Attorney
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