Ordinance NO. 2013-9

BEFORE THE TOWN COUNCIL
TOWN OF MOUNTAIN VIEW
STATE OF COLORADO

ORDINANCE NO. 2013-9

TITLE: AN ORDINANCE AMENDING SEVERAL PROVISIONS OF THE TOWN OF MOUNTAIN VIEW MUNICIPAL CODE TO PROVIDE FOR THE IMPOSITION OF THE MAXIMUM FINE ALLOWED BY STATE LAW

WHEREAS, Governor Hickeulooper signed House Bill 13-1060 into law on April 18, 2013, effective immediately; and

WHERAS, the Town Council of the Town of Mountain View desires to amend the Town of Mountain View Municipal Code to allow for an increase of the maximum fine amount available thereunder to correspond with the maximum fine amount available under state law.

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

Section 1. Section 1-6-20 of the Town of Mountain View Municipal Code is amended to read as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

Sec. 1-6-20. General penalty; continuing violation.

(a) Whenever by any ordinance of the Town any act is prohibited or declared to be unlawful, the doing of any act is required; or the failure to do any act is declared to be unlawful:

(1) Where a specific penalty is provided therefor, any person convicted of violating any such provision of such ordinance, or the chapter, section or article of this Code within which such ordinance provision is contained, provides a criminal or civil penalty for any violation of the provisions of such ordinance, chapter section or article shall be punished as therein provided.

(2) Where no specific penalty is provided therefor, any person convicted of violating any such provision of the ordinances of the Town hereafter enacted, or convicted of violating any rule or regulation adopted pursuant to such ordinances, shall be punished by a fine of not more than TWO THOUSAND SIX HUNDRED FIFTY DOLLARS ($2,650.00) nine hundred ninety nine dollars ($999.00) or imprisonment for not more than one (1) year, or by both such fine and imprisonment.

(b) Each and every day on which any violation of the ordinances of the Town or the rules and regulations adopted pursuant to such ordinances is committed, exists or continues shall be deemed a separate offense.

(c) THE MAXIMUM FINE AMOUNT SET FORTH IN SUBSECTION (a)(2) OF THIS SECTION SHALL BE ADJUSTED FOR INFLATION ON JANUARY 1, 2014, AND ON JANUARY 1 OF EACH YEAR THEREAFTER, AS PROVIDED BY C.R.S. § 31-16-101 (2013).

Section 2. Section 6-3-70(h) of the Town of Mountain View Municipal Code is amended to read as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

Sec. 6-3-70. Suspension or revocation; fine.

(h) In the event a licensee is found to have violated any law, rule or regulation, the Authority may require that the licensee shall pay to the Authority the reasonable costs incurred by the Authority, not to exceed THE AMOUNT SET FORTH IN SECTION 1-6-20 nine hundred ninety nine dollars ($999.00), in investigating and prosecuting the alleged violation. Such costs shall include the reasonable attorney fees of the special counsel appointed to conduct the investigation and present evidence at the hearing, but shall not include any fees of the Town Attorney acting as legal advisor to the Authority. The costs imposed pursuant to this Subsection shall be in addition to any penalty, suspension or revocation imposed by the Authority for the violation of any rule, law or regulation.

Section 3. Section 8-14-l0(b) and (c) of the Town of Mountain View Municipal Code is amended to read as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

Sec. 8-14-10. Penalties.

(b) Any person pleading guilty to or convicted of a violation of any provision of this Chapter for which no specific fine or penalty is provided shall be punished by a fine of not more than THE AMOUNT SET FORTH IN SECTION 1-6-20 nine hundred ninety nine dollars ($999.00), by imprisonment for a period of time not to exceed one hundred eighty days (180) days, or by both such fine and imprisonment. The fines imposed by this Section shall be mandatory, and the Municipal Court shall not suspend or stay the execution of said fine, in whole or in part.

(c) Mandatory fines imposed by Section (b) above shall be calculated based on the following minimum per point dollar amounts but shall not exceed THE AMOUNT SET FORTH IN SECTION 1-6-20 nine hundred ninety nine dollars ($999.00):

Section 4. Section 10-1-40(1) of the Town of Mountain View Municipal Code is amended to read as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

Sec.10-1-40. Violations.

It is unlawful for any person to violate any provision of this Chapter and, except as otherwise specifically provided in this Chapter, any such violation shall be punished as follows:

(1) Every person who, at the time of commission of the offense, was at least eighteen (18) years of age and who is subsequently convicted of, or pleads guilty or nolo contendere to a violation of any provision of this Chapter shall be punished by a fine of not less than twenty-five dollars ($25.00), but not exceeding THE AMOUNT SET FORTH IN SECTION 1-6-20 than nine hundred ninety nine dollars ($999.00) per violation or count, by imprisonment not exceeding one (1) year or by both such fine and imprisonment; provided, however, that nothing contained herein shall empower the Court to subject any person under the age of eighteen (18) to any imprisonment as a portion of a penalty for violation of any provision of this Chapter.

Section 5. Section 10-4-80(e) of the Town of Mountain View Municipal Code is amended to read as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

Sec.10-4-80. Fireworks.

(e) Any person who is convicted of or pleads guilty to a violation of this Section shall be punished by a fine of not more than THE AMOUNT SET FORTH IN SECTION 1-6-20 nine hundred ninety nine dollars ($999.00), by imprisonment for not more than one (1) year or by both such fine and imprisonment, in addition to having any fireworks seized, as set forth in this Section.

Section 6. Section I 0-6-40(e) of the Town of Mountain View Municipal Code is amended to read as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

Sec. 10-6-40. Possession of drug paraphernalia.

(e) Every person who is convicted of or pleads nolo contendere to a violation of this Section shall be punished by a fine of not less than twenty-five dollars ($25.00), but not exceeding THE AMOUNT SET FORTH IN SECTION 1-6-20 nine hundred ninety nine dollars ($999.00) per violation, imprisonment not exceeding one hundred eighty (180) days, or by both such fine and imprisonment.

Section 7. Section 18-1-30 of the Town of Mountain View Municipal Code is amended to read as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

Sec. 18-1-30. Violation; penalty.

Violations of this Chapter are punishable by a fine of not more than THE AMOUNT SET FORTH IN SECTION 1-6-20 nine hundred ninety nine dollars ($999.00), imprisonment for a period not to exceed one hundred eighty (180) days or both for each such violation. Each day a violation of this Article continues shall constitute a separate offense.

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 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 rationalrelationtotheproperlegislativeobjectsoughttobe attained.

Section 9. 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 adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.

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

INTRODUCED, FIRST READ, PASSED, AND ORDERED POSTED ON FIRST AND FINAL READING THIS 10th DAY OF JUNE, 2013

PASSED, ADOPTED, AND APPROVED ON SECOND READING THIS 8th DAY OF JULY 2013