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TC Ord. No. 2014-03 Court Fines1- 1 / 1 1, • • 1 1 1' 1 �G SERIES OF 2014 AN ORDINANCE AMENDING CHAPTERS 1.08 AND 1.09 OF THE AVON MUNICIPAL CODE CONCERNING MUNICIPAL COURT FINES AND CHAPTER 2.08 CONCERNING COURT ORDERED RESTITUTION WHEREAS, the Colorado legislature enacted House Bill 13 -1060 which amended Colorado Revised Statute Sections 13 -10 -113 and 31 -16 -101 to raise the amount of municipal court fines to $2,650.00; WHEREAS, the Avon Town Council finds that an increase of the maximum fine amount for the Avon Municipal Court will improve the deterrence of municipal violations and the discretion of the Avon Municipal Court to impose just and appropriate fines; WHEREAS, the Avon Town Council finds that the authorization of the Avon Municipal Court to impose restitution when deemed appropriate will enhance the fairness, effectiveness and efficiency of the Avon Municipal Court; WHEREAS, the Town of Avon has adopted home rule authority and the Avon Town Council finds that the imposition of restitution is a matter of local concern; WHEREAS, it is the Avon Town Council finds that amendment to Chapters 1.08, 1.09 and 2.08 of the Avon Municipal Code will promote the health, safety and welfare of the Avon community; WHEREAS, the Avon Town Council held a public hearing on February 25, 2014, after posting notice, in accordance with the Avon Home Rule Charter, and considered all comments and information presented prior to taking final action on this Ordinance; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Ord 14 -03 Amending Chapters 1.08, 1.09 and 2.08 February 25, 2014 FINAL Page I of 4 Section 2. Amendment to Avon Municipal Code Section 1.08.10. Section 1.08.010 Designated. of the Avon Municipal Code is repealed in its entirety and reenacted to read as follows: 1.08.010 Designated. 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 two thousand six hundred fifty dollars ($2,650.00) 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 3. Amendment to Avon Municipal Code Section 1.09.030(a). Section 1.09.030(a) Minimum civil penalties. of the Avon Municipal Code is repealed in its entirety and reenacted to read as follows: 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 than two thousand six hundred fifty dollars ($2,650.00) 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. (2) 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 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. Section 4. Amendment to Avon Municipal Code Chapter 2.08. Chapter 2.08 of the Avon Municipal Code is amended by enacting a new section 2.08.120 Restitution to read as follows: 2.08.120 Restitution. The Municipal Court is granted full power and authority to order restitution in accordance with Part 6, Article 1.3, Title 18 of the Colorado Revised Statute and to order a defendant, upon conviction or pleading of no contest, including any Ord 14 -03 Amending Chapters 1.08, 1.09 and 2.08 February 25, 2014 FINAL Page 2 of 4 deferred sentence or deferred prosecution, to make restitution for any damage or injury arising from any violations of the Code. Any order of restitution may be increased or decreased upon a showing of good cause. If more than one defendant owes restitution to the same victim for the same pecuniary loss, the orders for restitution shall be joint and several obligations of the defendants. Nothing in this Chapter shall be construed to limit or abrogate the rights and immunities set forth in the "Colorado governmental immunity act ", article 10 of title 24, Colorado Revised Statutes. Section 5. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 6. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 8. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 9. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and Ord 14 -03 Amending Chapters 1.08, 1.09 and 2.08 February 25, 2014 FINAL Page 3 of 4 for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 10. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for February 11, 2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on February 25, 2014. Rich Carroll, Mayor Published by postin in`�at least .�u is places in Town and posting at the office of the Town Clerk at least seven to final ti by the Town Council. ' 'ADO Published by posting by ti office of the Town Clerk. Ord 14 -03 Amending Chapters 1.08, 1.09 and 2.08 February 25, 2014 FINAL Page 4 of 4 Carro places in Town and posting by title at the