Ordinance NO. 2012-6

BEFORE THE TOWN COUNCIL
TOWN OF MOUNTAIN VIEW
STATE OF COLORADO

ORDINANCE NO. 2012-6

TITLE: AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 5, OF THE MOUNTAIN VIEW MUNICIPAL CODE, REGARDING FEES AND SURCHARGES IMPOSED BY THE MUNICIPAL COURT, AND ADDING A NEW SECTION 2-5-310, REGARDING OUTSTANDING JUDGMENT WARRANT FEES AND BOND PROCESSING FEES

WHEREAS, as permitted by C.R.S. § 13-10-104, the Town has established a municipal court to hear and try al] alleged violations of the Town’s ordinances;

WHEREAS, pursuant to Section 7.1 of the Mountain View Home Rule Charter, the Town Council shall provide for all supplies and personnel necessary for the proper functioning of the court;

WHEREAS, as permitted by C.R.S. § 13-10-113(3), the municipal court judge, is empowered to impose court costs, as established by the Town Council, on defendants who plead guilty or no contest (nolo contendere) or who enter into a plea agreement, or who, after trial, are found guilty of a code violation;

WHEREAS, in Title 2, Article 5 of the Mountain View Municipal Code, the Town has established court costs to be assessed by the municipal court to cover the proper functioning of the court; and·

WHEREAS, court costs established by municipalities and imposed through their courts cauy a presumption of validity so long as the costs bear a relationship to the prosecution of the case and are not arbitrary, oppressive, or unreasonable.

NOW, THEREFORE, THE COUNCIL OF THE TOWN OF MOUNTAIN VIEW, COLORADO, ORDAINS THAT:

Section 1. Section 2-5-220 of the Mountain View Municipal Code is hereby amended as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

Sec. 2-5-220. Court fees and Default judgments for traffic offenses.

Whenever any defendant is charged with a traffic offense that carries a penalty of four (4) points or fewer on the defendant’s driver’s license, other than offenses of driving without insurance or failure to show proof of insurance, and the defendant fails to appear in the Municipal Court as required by the penalty assessment notice or as ordered by the Municipal Court, or fails to pay the fine imposed by the penalty assessment notice or by the Municipal Court, the Municipal Court may enter a default judgment against the defendant. Upon entry of a default judgment, the Municipal Court shall also assess the following fees: a default fee of fifty five dollars ($55.00) SIXTY DOLLARS ($60.00), which shall be retained by the Town to cover its costs; and an administrative processing fee of thirty three dollars ($33.00) THIRTY DOLLARS ($30.00), of which eighteen dollars ($18.00) FIFTEEN DOLLARS ($15.00) shall be paid to the Colorado Department of Revenue pursuant to Section C.R.S. § 42-2-118(3)(c), C.R.S., AND FIFTEEN DOLLARS ($15.00) SHALL BE RETAINED BY THE TOWN. These fees are in addition to and not in lieu of any applicable COURT COSTS, fines, penalties, jury fees, warrant fees, witness fees, deferred judgment fees, contempt fines, surcharges or appeal bonds. The Court fees imposed by this Section shall be mandatory, and the Municipal Court shall not suspend said fees, in whole or in part. The Court Clerk shall report all such default judgments to the Colorado Department of Revenue.

Section 2. Section 2-5-230 of the Mountain View Municipal Code is hereby amended as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

Sec. 2-5-230. Fines and sentences; suspension or stay of execution.

The Municipal Court may suspend or stay the execution of any sentence or fine of any violator unless specifically prohibited by ·the ordinance under which the violator was convicted, or any portion thereof. except that, the Municipal Court shall not suspend or stay the execution of any sentence or fine of any violator charged under Chapter 8 of the Municipal Code unless specifically permitted to do so by the ordinance under which the violator was convicted. EACH TIME A STAY OF EXECUTIONIS GRANTED A NON- REFUNDABLE ADMINISTRATIVE FEE OF TEN DOLLARS ($10.00) WILL BE IMPOSED.

When permitted, the Municipal Court may place said violator on probation for a period not to exceed twelve (12) months, or impose any other reasonable condition pursuant to law which the Municipal Court may deem proper.

Section 3. Section 2-5-240 of the Mountain View Municipal Code is hereby amended as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

Sec. 2-5-240. Assessment of court costs.

(a) Whenever the Municipal Court imposes any fine for any violation of any Town ordinance, in addition to any such fme or other sentence, the Municipal Court shall also assess the following court costs: thirty dollars ($30.00). These court costs are in addition to and not in lieu of any applicable jury fees, witness fees, deferred DEFAULT judgment fees, OUTSTANDING JUDGMENT WARRANT FEES, COMMUNITY SERVICE FEES, contempt fines, surcharges, and/or appeal bonds. These court costs also shall be added to the fine amount due on a penalty assessment

summons WHEN THE INDNIDUAL CHOOSES TO APPEAR FOR COURT. The court costs imposed by this Section shall be mandatory, and the Municipal Court shall not suspend said surcharge, in whole or in part.

(b) IN ADDITION TO ANY FINES AND COSTS ASSESSED BY THE MUNICIPAL COURT, THERE SHALL BE ADDED AND SEPARATELY REPORTED A COMMUNITY SERVICE FEE OF TWENTY DOLLARS ($20.00) WHEN COMMUNITY SERVICE IS ORDERED BY THE MUNICIPAL COURT, PROVIDED THAT THE TOTAL COST OF THE FINE AND SURCHARGE SHALL NOT EXCEED THE MAXIMUM FINE PROVIDED FOR SUCH VIOLATION BY ORDINANCE.

Section 4. Section 2-5-250 of the Mountain View Municipal Code is hereby amended as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

Sec. 2-5-250. Assessment of court costs FUEL AND MAINTENANCE SURCHARGE.

In addition to any fines and costs assessed by the Municipal COURT Judge, there shall be added and separately reported a fuel AND MAINTENANCE surcharge of three dollars ($3.00), TEN DOLLARS ($10.00), provided that the total cost of the fine and surcharge shall not exceed the maximum fine provided for such violation by ordinance. This surcharge shall also be added to the fme amount due on a penalty assessment summons. The surcharge imposed by this Section shall be mandatory and the Municipal Court shall not suspend said surcharge, in whole or in part.

Section 5. Section 2-5-260 of the Mountain View Municipal Coc!e shall be amended to read as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

Sec. 2-5-260. ASSESSMENT OF victim and witness assistance, and law enforcement surcharge.

a) In addition to any fines, court costs and other surcharges assessed by the Municipal Court, a surcharge of seventeen dollars ($17.00) TWENTY DOLLARS ($20.00) shall be levied upon conviction of any offense in Municipal Court, provided that the surcharge shall not exceed thirty-seven percent (37%) of the total fines, court costs and other surcharges imposed. The surcharge shall be mandatory, and the Municipal Court shall not suspend such surcharge, in whole or in part, unless the Municipal Court determines that the defendant is indigent.

b) Monies collected pursuant to this Section shall be used for any of the following purposes, as determined necessary by the Town Council:

(1)  Funding of a victim and witness assistance program. AN ANNUAL AMOUNT OF THREE THOUSAND ($3,000.00) SHALL BE TAKEN FROM THE LAW ENFORCEMENT SURCHARGE FOR THE FUNDING OF THE VICTIM AND WITNESS ASSISTANCE PROGRAM; AND

(2)  Temporary emergency assistance for victims and winesses as determined by the Police Department

(3)  Training of employees and volunteers concerning victim and witness assistance; and

(4)  (2) Law enforcement purposes, including the purchase of equipment, training programs, additional personnel, but not including AND routine and ongoing operating expenses.

Section 6. Chapter 2, Article 5 of the Mountain View Municipal Code is amended by the addition thereto of a new Section 2-5-310, to read as follows:

Sec. 2-5-310. Fees for outstanding judgment warrants and bond processing.

a) Whenever any defendant is charged with a traffic offense that carries a penalty of four (4) points or fewer on the defendant’s driver’s license and the defendant fails to pay the fine imposed by the penalty assessment notice or by the Municipal Court, the Municipal Court may enter an outstanding judgment warrant against the defendant. Upon entry of an outstanding judgment warrant, the Municipal Court shall also assess the following fees: an outstanding judgment fee of sixty dollars ($60.00), which shall be retained by the Town to cover its costs; a fee of eighty dollars ($80.00) to cover the costs of issuing the warrant; and an administrative processing fee of thirty dollars ($30.00), of which fifteen dollars ($15.00) shall be paid to the Colorado Department of Revenue pursuant to C.R.S. § 42-2-118(3)(c), and fifteen dollars ($15.00) shall be retained by the Town. These fees are in addition to and not in lieu of any applicable fines, penalties, jury fees, warrant fees, witness fees, deferred judgment fees, contempt fines, surcharges or appeal bonds. The Court fees imposed by this Section shall be mandatory, and the Municipal Court shall not suspend said fees, in whole or in part. The Court Clerk shall report all such outstanding judgment warrants to the Colorado Department of Revenue.

b)

The Municipal Court shall charge an administrative fee of thirty dollars ($30 .00) for bond processing. This non-refundable fee shall be imposed for each bond processed on a Mountain View warrant.

Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Mountain View, 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 this Ordinance bears a rational relation to the proper legislative object sought to be attained.

Section 8. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudgec:! by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.

Section 9. Effective Date. This Ordinance shall become effective ten (10) days after passage.

INTRODUCED, FIRST READ, PASSED AND ORDERED POSTED ON FIRST READING THIS 12TH DAY OF NOVEMBER, 2012

PASSED, ADOPTED, AND APPROVED ON SECOND READING THIS 14TH DAY OF JANUARY, 2013