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TC Ord. No. 2007-15 Enacting section 1.08.015 of the Avon Muni code relating to a law enforcement training surchargeTOWN OF AVON, COLORADO ORDINANCE NO. 07-15 SERIES OF 2007 AN ORDINANCE ENACTING SECTION 1.08.015 OF THE AVON MUNICIPAL CODE RELATING TO A LAW ENFORCEMENT TRAINING SURCHARGE WHEREAS, the Town Council wishes to provide the best law enforcement services possible to the citizens of the Town of Avon ; and WHEREAS, it is recognized that the ongoing and recurrent training of the personnel of the Avon Police Department is essential to the safety of the citizens of the Town of Avon. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, THAT: Chapter 1.08 of the Avon Municipal Code is amended by the addition of a Section 1.08.015 to read as follows: 1.08.015 Law Enforcement Training Surcharge Upon sentencing any person for a misdemeanor violation of this Code or upon imposing a fine upon any person who has been found to be in violation of, or against whom a default judgment has been entered for any infraction of this Code, the Municipal Judge shall impose upon the offender a surcharge in the amount established from time to time by resolution of the town council. No portion of the surcharge may be suspended. The surcharge is not subject to the provisions of section 1.08.020 of this Code. The surcharge shall be paid to the clerk of the municipal court within ninety days of imposition of the surcharge. All surcharge funds shall be deposited in the general fund of the town and used to reimburse the town for the cost of providing job related education and training for personnel of the Town of Avon Police Department. JNTRODUCED, PASSED ON FIRST READING AND ORDERED POSTED this2,1 - day of November, 2007, and a public hearing shall be held on this Ordinance on the (1 day of 2007 at 5:30 in the Council Chambers of the Avon Municipal Building, , Color~ad~ ;SEA, L. C G C. Wolfe, Mayor ATTEST: P cy M Kenny Clerk (~7 P,EAD AND APPROVED ON SECOND READING AND ORDERED POSTED the - day of QeSSrZL 12 OF AVpN Ronald C. Wolfe, Mayor s :moo ATTEST: o~.U. c P ty cKenny, Clerk APPROVED AS TO FORM: I. k Jo W. Dunn, Town Attorney Memo To. Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Fran: Brian Kozak, Chief of Police, by Officer S. Hodges Data Nov 8, 2007 Re: Amendment to Municipal Code,_ Law Enforcement Training Surcharge Introduction: This ordinance will create a small surcharge that will be imposed on people convicted of violations of the Avon Municipal Code. The surcharge will be used to reimburse the Town for training expenses of the Police Department. The ordinance allows the Town Council to set the amount of the surcharge by ordinance. We estimate that the surcharge, as proposed, will bring in about $8,000 per year. Background: The Colorado State Patrol and several municipal agencies throughout the state use a surcharge to help defray the cost of training. Discussion: A training surcharge levied on those convicted of violations of the Avon Municipal Code imposes a slight burden on those that necessitate the need for law enforcement. Recommendation: Staff recommends adoption of the ordinance as written. Recommended Motion: I move to adopt Ordinance 07-15, an ordinance enacting section 1.08.015 of the Avon Municipal Code, as written. Town Manager Comments: Attachments: Exhibit A: Proposed ordinance 07-15 regarding Avon Municipal Code section 1.80.015 TOWN OF AVON, COLORADO ORDINANCE NO. 07-15 SERIES OF 2007 AN ORDINANCE ENACTING SECTION 1.08.015 OF THE AVON MUNICIPAL CODE RELATING TO A LAW ENFORCEMENT TRAINING SURCHAGE WHEREAS, the Town Council wishes to provide the best law enforcement services possible to the citizens of the Town of Avon ; and WHEREAS, it is recognized that the ongoing and recurrent training of the personnel of the Avon Police Department is essential to the safety of the citizens of the Town of Avon. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, THAT: Chapter 1.08 of the Avon Municipal Code is amended by the addition of a Section 1.08.015 to read as follows: 1.08.015 Law Enforcement Training Surcharge Upon sentencing any person for a misdemeanor violation of this Code or upon imposing a fine upon any person who has been found to be in violation of, or against whom a default judgment has been entered for any infraction of this Code, the Municipal Judge shall impose upon the offender a surcharge in the amount established from time to time by resolution of the town council. No portion of the surcharge may be suspended. The surcharge is not subject to the provisions of section 1.08.020 of this Code. The surcharge shall be paid to the clerk of the municipal court within ninety days of imposition of the surcharge. All surcharge funds shall be deposited in the general fund of the town and used to reimburse the town for the cost of providing job related education and training for personnel of the Town of Avon Police Department. INTRODUCED, PASSED ON FIRST READING AND ORDERED POSTED this day of November, 2007, and a public hearing shall be held on this Ordinance on the day of , 2007 at 5:30 p.m. in the Council Chambers of the Avon Municipal Building, Avon, Colorado. Ronald C. Wolfe, Mayor