Ordinance NO. 2012-7

BEFORE THE TOWN COUNCIL
TOWN OF MOUNTAIN VIEW
STATE OF COLORADO

ORDINANCE NO. 2012-7

TITLE: AN ORDINANCE AMENDING SECTION 8-14-10 OF THE MOUNTAIN VIEW MUNICIPAL CODE, REGARDING COURT FINES

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

Section 1. Section 8-14-10(c) of the Mountain View Municipal Code is hereby amended as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

c) Mandatory fines imposed by section (b) above shall be calculated based on the following minimum per point dollar amounts but shall not exceed nine hundred ninety-nine dollars ($999.00):

(1)  Thirty dollars ($30.00) FORTY DOLLARS ($40.00) per point if the defendant has not been convicted of any traffic offenses in the past twelve (12) months.

(2)  Thirty-five dollars ($35.00) FORTY FIVE DOLLARS ($45.00) per point if the defendant has been convicted of one (1) traffic offense in the past twelve (12) months.

(3)  Forty dollars ($40.00) FIFTY DOLLARS ($50.00) per point if the defendant has been convicted of more than one (1) traffic offense in the past twelve (12) months.

(4)  Fines may be increased beyond the minimum per point dollar amounts set forth above based on the defendant’s driving history, criminal history or circumstance of the case but shall not be reduced or suspended.

(5)  Fines shall be based upon the point value of the original charge, rather than any amended or reduced charge entered as a result of a plea agreement

Section 2. 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 3. Severability. I f any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.

Section 4. 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 10TH DAY OF DECEMBER, 2012