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					                                     Town of Frederick
                                     Board of Trustees

                                               Eric Doering, Mayor
Tony Carey, Mayor Pro Tem                                                                   Rafer Burnham, Trustee
Amy Schiers, Trustee                                                                        Fred Skates, Trustee
Sue Wedel, Trustee                                                                          Jim Wollack, Trustee



      AN ORDINANCE OF THE TOWN OF FREDERICK, COLORADO, REVISING
      CHAPTER 8, ARTICLE I, SECTION 8-7, “PENALTIES,” OF THE FREDERICK
      MUNICIPAL CODE, AND REPEALING CHAPTER 6, ARTICLE II, SECTION 6-38,
      “FIREWORKS STAND.”
____________________________________________________________________________________

Agenda Date:                  Town Board Meeting - August 23, 2011

Attachments:                  a.      Ordinance No. 1061


Fiscal Note:

                                      Interim Administrative Services Director

Submitted by:                         Kristin N. Brown
                                      Town Prosecutor

Approved for Presentation:
                                      Interim Town Administrator


Summary Statement:

The attached ordinance revises several traffic penalties, establishes a graduated penalty for overweight
vehicle violations ($100/1,000# overweight; maximum $1,000), and repeals the section of the Municipal
Code related to the licensing of fireworks stands (which are not currently authorized in town).

Detail of Issue/Request:

The current fine schedule for traffic infractions (less serious traffic violations) is $1,000, with guidance
for the court of $25/point (based on the original charge). This fine schedule has been in place for
approximately 9 years. Many municipalities and the state have increased traffic fines in that time
period. The recommended change is to increase the amount to $30/point as guidance for the court.

Because overweight vehicle violations are zero point violations, the penalty is $25 (guidance for the
court; with maximum penalty of $1,000). The ordinance establishes a graduated schedule for
consideration of the court of $100/1,000# overweight.
The municipal court can impose costs in a case where the costs have been adopted by ordinance. A cost
that more and more municipal courts are imposing is a traffic accident fee (to be assessed on the person
at fault who is charged with a traffic violation as a result of the driving that caused the accident). The
theory is that traffic accidents are staff intensive and additional costs should be imposed in such
circumstances. The suggested traffic accident fee is $50.00.

The Colorado Supreme Court recently ruled that it is not proper for a municipal court to impose an
interpreter fee where a defendant is in need of an interpreter in court. The ordinance repeals the section
which authorized the municipal court to assess such costs.

Finally, Sec. 6-38 of the Municipal Code addresses the licensing of fireworks stands, which are not
authorized within the town. The ordinance repeals this section.

Legal/Political Considerations:

None.

Alternatives/Options:

Adopt the proposed ordinance, or decline to adopt the proposed ordinance.

Financial Considerations:

None.

Staff Recommendation:

Staff recommends adoption of ordinance 1061.
                                 TOWN OF FREDERICK, COLORADO
                                      ORDINANCE NO. 1061

               AN ORDINANCE OF THE TOWN OF FREDERICK, COLORADO,
               REVISING CHAPTER 8, ARTICLE I, SECTION 8-7, “PENALTIES,”
               OF THE FREDERICK MUNICIPAL CODE, AND REPEALING
               CHAPTER 6, ARTICLE II, SECTION 6-38, “FIREWORKS STAND.”

         WHEREAS, the Board of Trustees desires to revise the Frederick Municipal Code, Section 8-7,
related to traffic penalties in school zones and construction zones, general penalties upon conviction of a
traffic infraction and enacting a fine schedule upon conviction of overweight vehicle violations; and

       WHEREAS, the Board of Trustees has determined it is appropriate to repeal the provisions of the
Frederick Municipal Code related to the licensing of fireworks stands.

     NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FREDERICK, COLORADO, AS FOLLOWS:


        Section 1: Chapter 8, “Vehicles and Traffic,” Article I, “Model Traffic Code,” of the Frederick
Municipal Code is hereby ratified as previously published, with the repeal of Section 8-7(3)(d) and
(3)(e) and enactment of Section 8-7(4) and (5) to read as follows:

       Sec. 8-7.    Penalties:

       (4) Penalties for traffic infractions or offenses in a maintenance, repair or construction zone
       designated pursuant to Sec. 614 of the Model Traffic Code, 2010 edition, shall be double the
       penalty for such violation as set forth in this Section.

       (5) Penalties for traffic infractions or offenses that occur in a school zone shall be double the
       penalty for such violation as set forth in this Section.

        Section 2: Chapter 8, “Vehicles and Traffic,” Article I, “Model Traffic Code,” of the Frederick
Municipal Code is hereby ratified as previously published, with the repeal and re-enactment of Section
8-7(2) to read as follows:

       Sec. 8-7.    Penalties:

       (2) Upon conviction, entry of a guilty plea or a plea of nolo contendere to a civil traffic
       infraction, as defined in Section 8-102 of the Frederick Municipal Code, a fine not to exceed one
       thousand dollars ($1,000.00) may be imposed by the Court. As a guide, penalties may be
       imposed at thirty dollars ($30.00) for each point assessed on the summons and complaint.


                       Points Assessed               Potential Penalty

                       0 point violation             $30.00
                       1 point violation             $30.00
                       2 point violation             $60.00
                          3 point violation             $90.00
                          4 point violation             $120.00
                          6 point violation             $180.00
                          8 point violation             $240.00
                          12 point violation            $360.00


        Section 3: Chapter 8, “Vehicles and Traffic,” Article I, “Model Traffic Code,” of the Frederick
Municipal Code is hereby ratified as previously published, with the enactment of Section 8-7(6) to read
as follows:

       Sec. 8-7.     Penalties:

        (6)(a) Upon conviction, entry of a guilty plea or a plea of nolo contendere to a violation of
Model Traffic Code Sec. 507, “Wheel and axle loads” or Sec. 508, “Gross weight of vehicles and
loads,” a fine not to exceed $100.00 for each 1,000 pounds overweight may be imposed by the Court.
The maximum fine the Court may impose for any overweight vehicle violation is $1,000.00.

       (b)    Upon conviction, entry of a guilty plea or a plea of nolo contendere to a violation of
Frederick Municipal Code Sec. 8-138(b), “Height, length and weight of vehicles,” a fine not to exceed
$100.00 for each 1,000 pounds overweight may be imposed by the Court. The maximum fine the Court
may impose for any overweight vehicle violation under Sec. 8-138(b) is $1,000.00.

      Section 4: Chapter 10, “General Offenses,” Article I, “General Provisions” of the Frederick
Municipal Code is hereby ratified as previously published, with the enactment of an additional cost to be
imposed by the Municipal Court, as set forth at Section 10-10, to read as follows:

       Sec. 10-10.        Court costs:

       The Municipal Court may impose any of the following costs against any defendant in the
       Municipal Court, in addition to any costs determined to be necessary and appropriate in the sole
       discretion of the Municipal Judge:

       Traffic cases:      accident fee:       $50.00

        Section 5: Chapter 10, Article I, Section 10-10 of the Frederick Municipal Code is hereby
ratified as previously published, with the deletion of the following court costs:



       Sec. 10-10.        Court costs.

       Interpreter fee:                        $25.00/appearance/FTA
                                               or actual costs incurred

       [the other costs listed in Section 10-10 are to remain as previously published]


      Section 6: Chapter 6, Article II, Section 6-38, entitled “Fireworks stand,” of the Frederick
Municipal Code is hereby repealed in its entirety.
        Section 7: Severability. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such invalidity shall not affect the validity of the
remaining sections of the ordinance. The Town Board hereby declares that it would have passed the
ordinance including each part, section, subsection, sentence, clause or phrase thereof, irrespective of the
fact that one or more parts, sections, subsections, sentence, clauses or phrases be declared invalid.

       Section 8: Repealer. All ordinances or resolutions, or parts thereof, in conflict with this
ordinance are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such
ordinance nor revive any ordinance thereby.



       INTRODUCED, READ, PASSED, ADOPTED AND ORDERED PUBLISHED THIS ________
day of AUGUST, 2011.

                                                      TOWN OF FREDERICK


                                                      By:___________________________
                                                         Eric Doering, Mayor

ATTEST:


By________________________
  Michele Kelley, Interim Town Clerk

				
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