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TC Ord. No. 2007-03 Amending the muni code of the TOA realting to general penalties to set forth the procedures for prosecution of civil infractions to identify violations of the muni code to be designated as civil infractions and providing details in conTOWN OF AVON, COLORADO ORDINANCE NO. 07 - 03 SERIES 2007 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO GENERAL PENALTIES TO SET FORTH THE PROCEDURES FOR PROSECUTION OF CIVIL INFRACTIONS; TO IDENTIFY PENALTIES FOR CIVIL INFRACTIONS; TO IDENTIFY VIOLATIONS OF THE MUNICIPAL CODE TO BE DESIGNATED AS CIVIL INFRACTIONS; AND PROVIDING DETAILS IN CONNECTION THEREWITH. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Chapter 1.08, Title 1 of the Municipal Code of the Town of Avon is amended to provide as follows: With the exception of violations of those sections of this Code designated therein as civil infractions, whenever in any section of this Code or in any section of a rule or regulation promulgated hereunder, the doing of any act is required, prohibited or declared to be unlawful, any person who shall be convicted of, or plead guilty or no contest to, a violation of such section shall be fined in the sum of not more than one thousand dollars ($1,000) or imprisoned not to exceed one (1) year, or both such fine and imprisonment. Each day an offense continues shall constitute a separate offense. Section 2. Amendment. Title 1 of the Municipal Code of the Town of Avon is amended by the addition of a Chapter 1.09, Civil Infractions, to provide as follows: 1.09.010 Prosecution. (a) Where authorized in specific Titles, Chapters or Sections within this Code, a violation may be prosecuted as a civil infraction. (b) Civil infractions may be consolidated with other civil infractions involving the same piece of property. (c) Prosecution of a civil infraction shall be commenced by providing the defendant with a charging document, whether denoted as a complaint, summons, citation, penalty assessment notice, or other document charging the person with the commission of an infraction or infractions. (d) The charging document may be served upon a defendant via hand delivery, certified mail, posting upon the premises (only if the charge is being brought against an occupant of property for a civil infraction involving the property), or by any process established in the Colorado Rules of Civil Procedure. (e) Neither party must, but either party may, be represented by an attorney. Civil infractions may be prosecuted by the Town Attorney's office, by police officers of the Town or by those code enforcement personnel authorized to do so by the Director of Community Development. The Director of Community Development shall insure that any code enforcement personnel authorized to prosecute civil infractions have received appropriate training. (f) A defendant brought to trial solely upon a civil infraction or infractions shall have no right to a trial by jury as contemplated by Section 13-10-114, C.R.S., and trial of civil infractions shall be to the municipal court. No defendant found civilly liable for a civil infraction shall be punished by imprisonment for said infraction. (g) The municipal court may designate those civil infractions which may be paid without an appearance by a penalty assessment notice. The municipal court clerk shall accept payment of a penalty assessment notice if payment is made within the period following the issuance of the charging document and ending at the time scheduled for the first hearing, provided that the court clerk has a copy of the charging document. (i) At the time of payment, the defendant shall sign a waiver of rights and acknowledgement of guilt or liability or tender a no contest plea upon a form approved by the municipal court. (ii) This procedure shall constitute an entry and satisfaction of judgment. (h) If all elements of a civil infraction are proven by a preponderance of the evidence, the court shall find the defendant guilty or liable and enter appropriate judgment. (i) If any element of a civil infraction is not proven by a preponderance of the evidence, the court shall dismiss the charge and enter appropriate judgment. If the defendant is found guilty or liable, the court shall assess the appropriate penalty as set forth in this Code. 0) The parties to an .action. under this article may voluntarily stipulate to restraining orders, seizures, closures, judgments, liens and other remedies, whether temporary or permanent, that are different from those specific remedies set forth in this Code. Approval of the municipal court to all stipulations is required. (k) Actions under this article for civil infractions must be commenced no later than three hundred sixty five (365) days after the last in the series of acts comprising the civil infraction. This limitation period shall not be construed to limit the introduction of evidence of infractions that occurred more than three hundred sixty five (365) days before the filing of the complaint when relevant for any purpose. 1.09.020 Each day of commission of a violation is a separate offense infraction. Each person is guilty of a separate infraction for each and every day or any portion thereof during which any violation of any provision of this Code is committed, continued or Ordinance No. 07-03 Civil Infractions Page 2 of 8 permitted by any such person, and he or she shall be punished accordingly. Multiple days of infractions may be charged in one charging document or may be proved at trial. 1.09.030 Minimum Civil Penalties. (a) Any person found responsible for a violation of this Code authorized to be prosecuted as a civil infraction shall pay a civil fine of not more that one thousand dollars ($1,000) plus costs, damages and expenses, the amount of the fine and the charging of costs, damages and expenses to be in the discretion of the court except as follows: (i) Any person found guilty, after trial or settlement, of any provisions of this Code designated as a civil infraction, when the date of the offense is within three hundred sixty five (365) days of the date of a prior violation of the Code, shall be fined not less than three hundred dollars ($300.00), plus any additional penalties assessed under this Chapter. (ii) Any person found guilty, after trial or settlement, of any provision of this Code designated as a civil infraction for a third or subsequent time, when the date of the offense is within three hundred and sixty five (365) days of the date of the prior violation of this Code, shall be fined not less than six hundred dollars ($600.00), plus any additional penalties assessed under this Chapter. (b) A person found responsible by the municipal court for any violation of this Code charged as a civil infraction shall pay the fine and costs assessed, which may include all costs, direct and indirect, which the Town has proved were incurred in connection with the civil infraction. It shall be unlawful under this Code to fail to pay such fines and costs as required by the court. Any such failure may be criminally prosecuted, subject to the general penalties set out in Chapter 1.08 hereof. (c) The municipal court may enter an order for injunctive relief or any other civil remedy authorized. by law, which may include restitution to any victim. (d) The municipal court may issue any orders necessary to abate the infraction. (i) The court shall develop appropriate rules and regulations or issue appropriate orders to enforce an abatement order. (ii) The court's orders may include a civil warrant for abatement or any other order to the Town to enter upon the Defendant's premises to abate the infraction. (e) If a defendant fails to answer a citation for a civil infraction or notice to appear in court for such infraction, a default judgment shall enter in the amount of the civil penalty plus all costs, expenses and damages. In the event a defendant fails to pay a civil fine, costs, damages or expenses within thirty (30) days after the payment is due or fails to pay a default judgment, the Town may pursue any legal means for collection and, in addition, where the civil infraction Ordinance No. 07-03 Civil Infractions Page 3 of involved property and the owner of the property is the defendant, the Town may obtain a lien against the property that was the subject of the violation. (f) The municipal court may waive all or a portion of the Civil Infraction penalty if the Court determines mitigating circumstances to exist. Section 3. Amendment. Section 3.28.090, Chapter 3.28, Title 3 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 4. Amendment. Section 5.04.050, Chapter 5.04, Title 5 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: . Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 5. Amendment. Section 5.20.100, Chapter 5.20, Title 5 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 6. Amendment. Chapter 5.24, Title 5 of the Municipal Code of the Town of Avon is amended by the addition of a Section 5.24.040, Penalty, to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 7. Amendment. Chapter 5.28, Title 5 of the Municipal Code of the Town of Avon is amended by the addition of a Section 5.28.340, Penalty, to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued, or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Ordinance No. 07-03 Civil Infractions Page 4 of 8 Section 8. Amendment. Section 8.12.180, Chapter 8.12, Title 8 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of, this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in. Chapter 1.09 of this Code. Section 9. Amendment. Section 8.24.160, Chapter 8.24, Title 8 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 10. Amendment. Chapter 8.25, Title 8 of the Municipal Code of the Town of Avon is amended by the addition of a Section 8.25.180, Penalty, to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 11. Amendment. Section 12.12.050, Chapter 12.12, Title 12 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 12. Amendment. Section 12.16.080, Chapter 12.16, Title 12 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 13. Amendment. Section 15.08.310, Chapter 15.03, Title 15 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter or of the provisions of the 2003 International Building Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion Ordinance No. 07-03 Civil Infractions Page 5 of 8 thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 14. Amendment. Section 15.09.310, Chapter 15.09, Title 15 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter or of the provisions of the 2003 International Residential Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 15. Amendment. Section 15.12.070, Chapter 15.12, Title 15 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter or of the provisions of the National Electrical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 16. Amendment. Section 15.20.120, Chapter 15.20, Title 15 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter or of the provisions of the Uniform Plumbing Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 17. Amendment. Section 15.24.120, Chapter 15.24, Title 15 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter or of the provisions of the 2003 Edition of the International Mechanical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 18. Amendment. Section 15.28.110, Chapter 15.28, Title 15 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Ordinance No. 07-03 Civil Infractions Page 6 of 8 Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 19. Amendment. Section 15.30.060, Chapter 15.30, Title 15 of the Municipal Code of the Town of Avon is amended by the addition of a paragraph (c) to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 20. Amendment. Section 15.32.260, Chapter 15.32, Title 15 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter or of the provisions of the 2003 International Fire Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 21. Amendment. Section 15.44.050, Chapter 15.44, Title 15 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter or of the provisions of the 2003 Uniform Code for the Abatement of Dangerous Buildings named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 22. Amendment. Chapter 15.50, Title 15 of the Municipal Code of the Town of Avon is amended by the addition of a Section 15.50.010, Penalty, to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Ordinance No. 07-03 Civil Infi-actions Page 7 of 8 Section 23. Amendment. Paragraph (b), Section 17.12.070, Chapter 17.12, Title 17 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Title shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 23rd day of March, 2007 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 24th day of April, 2007, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchma oad, Avon, Col ado. ATTEST: 'Q~~flLORA®~,~ C ti PattMc ennv, Tow Clerk Ronald C. Wolfe, Mayor INTRODUCED, FINALLY AP7da OVED, PASSED ON SECOND READING AND ORDERED POSTED the od of ap~c C , 2007. Ronald C. Wolfe, Mayor ATTEST: ty Mc ennv, T erk APPROVED AS T 'RM. John W. Dunn, Town Attorney S AL ago Ordinance No. 07-03 Civil Infractions Page 8 of 8 MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: CIVIL INFRACTION ORDINANCE DATE: April 24, 2007 On the Council agenda for second reading is an ordinance which will designate violations of certain ordinances of the Town as "civil infractions." Because a jail sentence is not provided for any civil infraction, certain constitutional requirements (burden of proof beyond a reasonable doubt, privilege against self-incrimination, right to jury trial) are eliminated. This proposed ordinance has been reviewed by the legal subcommittee, the police chief and the municipal judge. All are in favor of it. At first reading, Council requested that Chapter 8.24 of the Avon Municipal Code, the chapter dealing with public nuisances, be included in those provisions of the Code which will be treated as civil infractions. That change has been made. The offenses under the Town's municipal code which would be decriminalized are therefore now as follows: ❑ Failure to report or pay accommodations taxes. ❑ Failure to obtain a business license. ❑ Failure to obtain a. snowplow permit. ❑ Failure to obtain an amplified sound system permit. ❑ Violation of the pawnbroker code ❑ Violation of the refuse ordinance. ❑ Obstruction of a railroad crossing. ❑ Public nuisances. ❑ Building code violations. ❑ Zoning code violations. Section 2 of the Ordinance sets forth the procedural requirements for charging and proving civil infractions. The charging document need not be a summons; it can be a notice or any other form of document. Both the police department and the department of community development are authorized to file charges. The civil burden of proof, by a preponderance of the evidence (as opposed to the criminal standard, beyond a reasonable doubt), applies. Each day of commission of a civil infraction is a separate offense, and multiple infractions may be charged in. one document. The municipal court is empowered to enter injunctive relief. Finally, if the respondent fails to appear,. a default judgment may be entered. JWD:ipse MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: CIVIL INFRACTION ORDINANCE ORDINANCE NO. 07-03 DATE: MARCH 27, 2007 On the Council agenda is an ordinance which will designate violations of certain ordinances of the Town as "civil infractions."' Because a jail sentence is not provided for any civil infraction, certain constitutional requirements.(burden of proof beyond a reasonable doubt, privilege against self-incrimination, right to jury trial) are eliminated. This proposed ordinance has been reviewed by the legal subcommittee, the police chief and the municipal judge. All are in favor of it. Council should also be aware that those violations which are crimes under state statute may not be decriminalized. Numerous provisions of the Town's municipal code were excluded from the proposed ordinance for that reason and because exclusion was not viewed by the legal subcommittee as appropriate for policy reasons. Examples of those provisions are the Town's sales tax code, the traffic code, the nuisance provisions of the code and provisions relating to disorderly conduct, theft, assault and so forth. The Town's wildlife ordinance and dog control regulations could have been but were not decriminalized because of the potential serious of a violation of either. Section 2 of the Ordinance sets forth the procedural requirements for charging and proving civil infractions. The charging document need not be a summons; it can be a notice or any other form of document. Both the police department and the department of community development are authorized to file charges. The civil burden of proof, by a preponderance of the evidence (as opposed to the criminal standard, beyond a reasonable doubt), applies. Each day of commission of a civil infraction is a separate offense, and multiple infractions may be charged in one document. The municipal court is empowered to enter injunctive relief Finally; if the respondent fails to appear, a default judgment may be entered. are as follows: The offenses under the Town's municipal code which would be decriminalized ❑ Failure to report or pay accommodations taxes. ❑ Failure to obtain a business license. ❑ Failure to obtain a snowplow permit. ❑ Failure to obtain an amplified sound system permit. ❑ Violation of the pawnbroker code ❑ Violation of the refuse ordinance. ❑ Obstruction of a railroad crossing. ❑ Building code violations. ❑ Zoning code violations. JWD:ipse i TOWN OF AVON, COLORADO ORDINANCE NO. 07 -03 Series of 2007 AN ORDINANCE AMENDING THE. MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO GENERAL PENALTIES TO SET FORTH THE PROCEDURES FOR PROSECUTION OF CIVIL INFRACTIONS; TO IDENTIFY PENALTIES FOR CIVIL INFRACTIONS; TO IDENTIFY VIOLATIONS OF THE MUNICIPAL CODE TO BE DESIGNATED AS CIVIL INFRACTIONS; AND PROVIDING DETAILS IN CONNECTION THEREWITH BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Chapter 1.08, Title 1 of the Municipal Code of the Town of Avon is amended to provide as follows: With the exception of violations of those sections of this Code designated therein as civil infractions, whenever in any section of this Code or in any section of a rule or regulation promulgated hereunder, the doing of any act is required, prohibited or declared to be unlawfiil, any person who shall be convicted of, or plead guilty or no contest to, a violation of such section shall be fined in the sum of not more than one thousand dollars ($1,000) or imprisoned not to exceed one (1) year, or both such fine and imprisonment. Each day an offense continues shall constitute a separate offense. Section 2. Amendment. Title 1 of the Municipal Code of the Town of Avon is amended by the addition of a Chapter 1.09, Civil Infractions, to provide as follows: 1.09.010 Prosecution. (a) Where authorized in specific Titles, Chapters or Sections within this Code, a violation may be prosecuted as a civil infraction. (b) Civil infractions may be consolidated with other civil infractions involving the same piece of property. (c) Prosecution of a civil infraction shall be commenced by providing the defendant with a charging document, whether denoted as a complaint, summons, citation, penalty assessment notice, or other document charging the person with the commission of an infraction or infractions. (d) The charging document may be served upon a defendant via hand delivery, certified mail, posting upon the premises (only if the charge is being, brought against an occupant of property for a civil infraction involving the property), or by any process established in the Colorado Rules of Civil Procedure. (e) Neither party must, but either party may, be represented by an attorney. Civil infractions may be prosecuted by the Town Attorney's office, by police officers of the Town or by those code enforcement personnel authorized to do so by the Director of Community Development. The Director of Community Development shall insure that any code enforcement personnel authorized to prosecute civil infractions have received appropriate training. (f) A defendant brought to trial solely upon a civil infraction or infractions shall have no right to a trial by jury as contemplated by Section 13-10-114, C.R.S., and trial of civil infractions shall be to the municipal court. No defendant found civilly liable for a civil infraction shall be punished by imprisomnent for said infraction. (g) The municipal court may designate those civil infractions which may be paid without an appearance by a penalty assessment notice.. The municipal court clerk shall accept payment of a penalty assessment notice if payment is made within the period following'the issuance of the charging, document and ending at the time scheduled for the first hearing, provided that the court clerk has a copy of the charging document. (1) At the time of payment, the defendant shall sign a waiver of rights and aclaiowledaement of guilt or liability or tender a no contest plea upon a form approved by the municipal court. (ii) This procedure shall constitute an entry and satisfaction of judgment. (h) If all elements of a civil infraction are proven by a preponderance of the evidence; the court shall find the defendant guilty or liable and enter appropriate judgment. (1) If any element of a civil infraction is not proven by a preponderance of the evidence, the court shall dismiss the charge and enter appropriate judgment. If the defendant is found guilty or liable, the court shall assess the appropriate penalty as set forth in this Code. (j) The parties to an action under this article may voluntarily stipulate to restraining orders; seizures, closures, judgments, liens and other remedies, whether temporary or permanent, that are different from those specific remedies set forth in this Code. Approval of the municipal court to all stipulations is required. (k) Actions under this article for civil infractions must be commenced no later than three hundred sixty five (365) days after the last in the series of acts comprising the civil infraction. This limitation period. shall not be construed to limit the introduction of evidence of infractions that occurred more than three hundred sixty five (365) days before the filing of the complaint when relevant for any purpose. 1.09.020 Each day of commission of a violation is a separate offense infraction. Each person is guilty of a separate infraction for each and every day or any portion thereof during which any violation of any provision of this Code is committed, continued or 1) 1 permitted by any such person, and he or she shall be punished accordingly. Multiple days of infractions may be charged in one charging document or may be proved at trial. 1.09.030 Minimum Civil Penalties. (a) Any person found responsible for a violation of this Code authorized to be prosecuted as a civil infraction shall pay a civil fine of not more that one thousand dollars ($1,000) plus costs, damages and expenses, the amount of the fine and the charging of costs, damages and expenses to be in the discretion of the court except as follows: (1) Any person found guilty, after trial or settlement, of any provisions of this Code designated as a civil infraction, when the date of the offense is within three hundred sixty five (365) days of the date of a prior violation of the Code, shall be fined not less than three hundred dollars ($300.00), plus any additional penalties assessed under this Chapter. (ii) Any person found guilty, after trial or settlement, of any provision of this Code designated as a civil infraction for a third or subsequent time, when the date of the offense is within three hundred and sixty five (365) days of the date of the prior violation of this Code, shall be fined not less than six hundred dollars ($600.00), plus any additional penalties assessed under this Chapter. (b) A person found responsible by the municipal court for any violation of this Code charged as a civil infraction shall pay the fine and costs assessed, which may include all costs; direct and indirect, which the Town has proved were incurred in connection with the civil infraction. It shall be unlawful under this Code to fail to pay such fines and costs as required by the court.. Any such failure may be criminally prosecuted, subject to the general penalties set out in Chapter 1.08 hereof. (c) The municipal court may enter an order for injunctive relief or any other civil remedy authorized by law, which may include restitution to any victim. (d) The municipal court may issue any orders necessary to abate the infraction. (1) The court shall develop appropriate rules and regulations or issue appropriate orders to enforce an abatement order. (ii) The court's orders may include a civil warrant for abatement or any other order to the Town to enter upon the Defendant's premises to abate the infraction. (e) If a defendant fails to answer a citation for a civil infraction or notice to appear in court for such infraction; a default judgment shall enter in the amount of the civil penalty plus all costs, expenses and damages. In the event a defendant fails to pay a civil fine, costs, damages or expenses within thirty (30) days after the payment is due or fails to pay a default judgment, the Town may pursue any legal means for collection and, in addition, where the civil infraction Y involved property and the owner of the property is the defendant, the Town may obtain, a lien against the property that was the subject of the violation. (f) The municipal court may waive all or a portion of the Civil Infraction penalty if the Court determines mitigating circumstances to exist. Section 3. Amendment. Section 3.28.090, Chapter 3.28, Title 3 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 4. Amendment. Section 5.04.050, Chapter 5.04, Title 5 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 5. Amendment. Section 5.20.100, Chapter 5.20; Title 5 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating, any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 6. Amendment. Chapter 5.24, Title 5 of the Municipal Code of the Town of Avon is amended by the addition of a Section 524.040, Penalty, to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 7. Amendment. Chapter 5.28, Title 5 of the Municipal Code of the Town of Avon is amended by the addition of a Section 5.28.340, Penalty, to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 4 T Section 8. Amendment. Section 8.12.180, Chapter 8.12, Title 8 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 9. Amendment. Chapter 8.25, Title 8 of the Municipal Code of the Town of Avon is amended by the addition of a Section 8.25.180, Penalty, to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to ]nave committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 10. Amendment. Section 12.12.050, Chapter 12.12, Title 12 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in . Chapter 1.09 of this Code. Section 11. Amendment. Section 12.16.080, Chapter 12.16, Title 12 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any. infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 12. Amendment. Section 15.08.310, Chapter 15.03, Title 15 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter or of the provisions of the 2003 International Building Code named in the title of this Chapter, as adopted and modified herein; shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed. continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 13. Amendment. Section 15.09.310, Chapter 15.09, Title 15 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: 5 Any person violating any of the provisions of this Chapter or of the provisions of the 2003 International Residential Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. . Section 14. Amendment. Section. 15.12.070, Chapter 15.12, Title 15 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter or of the provisions of the National Electrical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 15. Amendment. Section 15.20.120, Chapter 15.20, Title. 15 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter or of the provisions of the Uniform Plumbing Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is conunitted, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 16. Amendment. Section 15.24.120, Chapter 15.24, Title 15 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: . Any person violating any of the provisions of this Chapter or of the provisions of the 2003 Edition of the International Mechanical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to ]lave committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 17. Amendment. Section 15.28.110, Chapter 15.28, Title 15 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 6 Section 20. Amendment. Section 15.30.060, Chapter 15.30, Title 15 of the Municipal Code of the Town of Avon is amended by the addition of a paragraph (c) to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in. Chapter 1.09 of this Code. Section 21. Amendment. Section 15.32.260, Chapter 15.32, Title 15 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter or of the provisions of the 2003 International Fire Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 22. Amendment. Section 15.44.050, Chapter 15.44, Title 15 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this Chapter or of the provisions of the 2003 Uniform Code for the Abatement of Dangerous Buildings named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code.. Section 23. Amendment. Chapter 15.50, Title 15 of the Municipal Code of the Town of Avon is amended by the addition of a Section 15.50.010, Penalty, to provide as follows: Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during, which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Section 24. Amendment. Paragraph (b), Section 17.12.070; Chapter 17.12, Title 17 of the Municipal Code of the Town of Avon is repealed and reenacted to provide as follows: Any person violating any of the provisions of this. Title shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any 7 infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 23rd day of March, 2007 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the l 0th day of April, 2007, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of .2007. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney 8