CITY OF WOODLAND PARK NOTICE OF PUBLIC HEARING
Public Hearing on Ordinance No. 1417, Series 2022, will be held on February 3, 2022 at 7:00 PM. The aforesaid Ordinance was, passed on first reading January 20, 2022, and ordered published, as required by Section 7.6 of the Charter of the City of Woodland Park.
CITY OF WOODLAND PARK, COLORADO
ORDINANCE NO. 1417
(Series of 2022)
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF WOODLAND PARK, COLORADO AMENDING MULTIPLE TITLES OF THE WOODLAND PARK MUNICIPAL CODE, REGARDING CODE PENALTIES AND VIOLATIONS
WHEREAS, the City of Woodland Park, Colorado (the “City”) has been duly organized and is validly existing as a home rule city under the Colorado Constitution and the home rule charter of the City; and
WHEREAS, under such authority, the City has previously adopted certain provisions containing offenses and violations, including the penalties attached to them, codified throughout the Woodland Park Municipal Code (the “Code”); and
WHEREAS, Colorado House Bill 16-1309, “concerning a defendant’s right to counsel in certain cases considered by municipal courts,” concluded that both the United States and Colorado constitutions provide that an accused person has the right to be represented by counsel in criminal prosecutions, and that this constitutional right is interpreted to mean that counsel will be provided at municipal court, at a local government taxpayer’s expense, for indigent persons in all cases in which incarceration is a possible penalty; and
WHEREAS, Colorado Senate Bill 18-203, “concerning the provision of independent counsel to indigent defendants in municipal courts,” requires each municipality, on and after January 1, 2020, to provide, and pay for, independent indigent defense for each indigent defendant facing a possible jail sentence for a violation of a municipal ordinance; and
WHEREAS, the aforementioned recent state legislation has prompted the City to review the Code for offenses and violations for which incarceration or imprisonment is a possible penalty and evaluate where such a penalty is needed and where it is unnecessary in order to manager, prioritize and conserve taxpayer resources; and
WHEREAS, in performing this review, the City discovered other inconsistencies and redundancies throughout the Code related to penalties and violations that required clarification, correction and updating; and
WHEREAS, Colorado House Bill 13-1060, “concerning maximum municipal court fines,” raises the maximum amount a municipal court can fine from $1,000 to $2,650; and
WHEREAS, the City Council finds it desirable and appropriate, and in the best interest of the general health, safety, and welfare of its citizens to amend the Code as it relates to removing the penalty of incarceration or imprisonment for certain violations of the Code, increasing the maximum amount the Municipal Court can fine for certain violations, and clarifying, correcting and updating all inconsistencies or redundancies as it relates to Code violations and penalties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WOODLAND PARK, COLORADO, AS FOLLOWS:
Section 1. The City Council incorporates the foregoing recitals as conclusions, facts, determinations, and findings by the City Council.
Section 2. The following sections within Title 1 of the Woodland Park Municipal Code, concerning general provisions, are hereby amended to read as follows:
1.01.100 - Violations and penalties of this code punishment.
It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. Any person who shall violate any of the provisions of this code shall be punishable by a fine of not more than three hundred dollars or by imprisonment for a period of not more than ninety days or by both such fine and imprisonment two thousand six hundred and fifty dollars, and imprisonment shall not be a possible penalty except where specifically noted. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provisions of this code is committed, continued, or permitted by such person and shall be punished accordingly. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be, by this city, summarily abated as such, and each day that such condition continues shall be regarded as a new and separate offense.
1.12.010 - Designated.
Whenever under the charter or any ordinance of the city heretofore or hereafter enacted, or any section, rule or regulation promulgated under the provisions or ordinances or promulgated under the authority of any ordinance hereafter enacted, any act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or the doing of any act is required, or the failure to do any act is declared to be unlawful or an offense or misdemeanor, or where a person fails to meet a standard of conduct or behavior described in the provisions of any ordinance or charter provision where no specific penalty is provided therefore: any person who is convicted of the violation of any such provision or other ordinance of the city hereafter enacted or of such rules or regulations shall be punished by a fine of not more than one thousand dollars, or by imprisonment in jail not exceeding one year, or by both such fine and imprisonment or by any combination thereof two thousand six hundred and fifty dollars, and imprisonment shall not be a possible penalty except where specifically noted.
1.16.030 - Satisfaction of fines—Inability to pay—Refusal to comply.
In the event any offender is given the opportunity of an alternate method of discharging his obligation to the municipality, and accepts the conditions incident thereto, and fails and neglects to perform such conditions, then such failure or refusal shall constitute a separate offense against the ordinances of the city, and upon conviction of such offense, the offender may be punished by imprisonment for not more than ninety days, the imposition of a fine of not more than three hundred dollars as set forth in Chapter 1.12 of the Woodland Park Municipal Code or by both such imprisonment and fine; provided, however, that no such convicted person shall be confined for more than ninety days for any one conviction, except as herein provided for the willful failure to pay an imposed fine. In the event the court determines the maximum allowable penalty should be imposed, and finds the offender to be indigent, alternate requirements, as set forth in this chapter or devised by the court, shall be imposed.
1.24.040 - Penalty.
Any person who is convicted of a violation of this chapter shall be punished by a fine of not more than three hundred dollars or by not more than ninety days in jail, or by both said fine and imprisonment as set forth in Chapter 1.12 of the Woodland Park Municipal Code.
Section 3. Section 1.01.110 of the Woodland Park Municipal Code, concerning penalty sections of the Code, is hereby repealed in its entirety.
Section 4. Section 1.16.010 of the Woodland Park Municipal Code, concerning satisfactions of fines, refusal to pay and incarceration, is hereby repealed in its entirety.
Section 5. Section 2.44.040 of the Woodland Park Municipal Code, concerning local historical preservation, protection, and landmark designation, is hereby amended to read as follows:
2.44.040 - Proceedings of the city council.
All decisions required by the city council in this chapter shall pass or fail based on a two-thirds majority quorum vote.
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N. Enforcement and Penalties. No person shall violate or permit to be violated any of the requirements of this chapter. Violators, if found guilty, shall be subject to a fine not to exceed one thousand dollars and/or up to ninety days in jail as set forth in Chapter 1.12 of the Woodland Park Municipal Code. In addition, to those penalties, the violator(s) are also subject to the following penalties:
1. Alterations to a landmark without approval will result in a one-year moratorium on all building permits for the subject property.
2. Moving or demolishing a landmark without approval will result in a five-year moratorium on all moving, demolition or building permits for the property at the structure's original location.
Section 6. The following sections within Title 3 of the Woodland Park Municipal Code, concerning revenue and finance, are hereby amended to read as follows:
3.04.200 - Compromise.
A. Compromise Limitation. After an assessment has become final because the taxpayer has waived its right to a hearing or because the hearing officer has issued his or her final decision, the revenue officer or city attorney may compromise to the extent of one thousand dollars two thousand six hundred and fifty dollars any collection proceedings arising under this code.
B. Compromise Record. Whenever a compromise, in value or valuation, of one thousand dollars two thousand six hundred and fifty dollars or less is made by the revenue officer, the city attorney or his designee in any case, there shall be placed on file in the office of the revenue officer or his delegate the opinion of the revenue officer or the city attorney, with his reasons therefor, which may include financial inability of the taxpayer to pay a greater amount, with a statement of:
1. The amount of tax assessed;
2. The amount of interest, additional amount, to the tax, or assessable penalty, imposed by law on the person against whom the tax is assessed; and
3. The amount paid in accordance with the terms of the compromise.
3.08.080 - License for vendors.
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Doing business without a license is a misdemeanor punishable by a fine, or imprisonment or both as set forth in Chapter 1.12 of the Woodland Park Municipal Code.
3.08.290 - Retailer license—Application contents.
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Any person selling tangible personal property at retail in Woodland Park who has never obtained a Sales Tax License, or any such person who continues to make such sales after his license has been revoked, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished accordingly punishable by a fine as set forth in Chapter 1.12 of the Woodland Park Municipal Code.
3.08.350 - Violations—Penalties.
It is unlawful for any person to violate any of the provisions of this chapter. Any violation of this chapter shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment as set forth in Chapter 1.12 of the Woodland Park Municipal Code.
3.32.100 - Violation—Penalty.
Upon conviction, the municipal court shall punish any officer, agent or manager of a provider subject to this chapter who fails, neglects or refuses to make or file the annual statement of accounts as required herein by a fine of up to one thousand dollars and/or a jail sentence of up to one year as set forth in Chapter 1.12 of the Woodland Park Municipal Code. Said penalty shall also be available to the court for imposition upon any provider who fails, neglects or refuses to pay the tax when and as due. Each day the statement or tax is delinquent is a separate and distinct offense.
Section 7. The following sections within Title 5 of the Woodland Park Municipal Code, concerning business licenses, is hereby amended to read as follows:
5.04.120 - Violation—Penalty.
Any person, firm, corporation, or association violating any of the provisions of this chapter shall be subject to immediate revocation of any license issued under this chapter and shall be punished upon conviction by a fine not to exceed three hundred dollars or by imprisonment as set forth in Chapter 1.12 of the Woodland Park Municipal Code for each offense.
5.08.020 - Violation—Penalty.
Any person convicted of violating any of the provisions of this chapter shall be punished by a fine not to exceed three hundred dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment as set forth in Chapter 1.12 of the Woodland Park Municipal Code.
5.09.130 - Violation—Penalty.
Violation of this chapter shall be deemed a violation of this municipal code and subject the violator to a fine of not less than twenty-five dollars nor more than three hundred dollars or to imprisonment up to ninety days, or both such fine and imprisonment as set forth in Chapter 1.12 of the Woodland Park Municipal Code.
5.21.300 - Violation.
A. Any person who fails or refuses to obey or comply with or violates any of the provisions of this chapter commits a minor offense and upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000.00) as set forth in Chapter 1.12 of the Woodland Park Municipal Code for each separate violation.
Section 8. The following sections within Title 6 of the Woodland Park Municipal Code, concerning animals, are hereby amended to read as follows:
6.04.027 - Feeding wildlife.
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(c) A violation of feeding wildlife shall be punishable by a fine of not less than three hundred and fifty dollars for the first violation. Second violations of this section shall be punishable by a fine of not less than four-hundred fifty dollars and not more than five hundred fifty dollars. Third and subsequent violations may result in a fine up to one thousand dollars and or imprisonment not exceeding one year, or by both such fine and imprisonment as set forth in Chapter 1.12 of the Woodland Park Municipal Code.
6.04.116. - Penalties.
(a) Each violation of any provision of this chapter shall be punishable upon conviction by a maximum fine of not to exceed $1,000.00 or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment as set forth in Chapter 1.12 of the Woodland Park Municipal Code.
Section 9. The following sections within Title 8 of the Woodland Park Municipal Code, concerning health and safety, are hereby amended to read as follows:
8.04.190 - Violation—Penalty.
Any person, firm, corporation or partnership violating any provisions of this chapter, upon conviction, shall be punished by a fine of not more than three hundred dollars, imprisonment for not more than ninety days, or by both such fine and imprisonment as set forth in Chapter 1.12 of the Woodland Park Municipal Code.
8.08.280 - Violation—Penalty.
Any person, firm, corporation or association violating any provision of this chapter shall be punished upon conviction by a fine not to exceed one thousand dollars or by imprisonment for not more than one year or by both such fine and imprisonment for each offense as set forth in Chapter 1.12 of the Woodland Park Municipal Code.
8.12.040 - Violation—Penalty.
Any person, firm, corporation or association violating any provisions of this chapter shall be punished upon conviction by a fine not to exceed three hundred dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment for each offense as set forth in Chapter 1.12 of the Woodland Park Municipal Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
8.15.180 - Penalty for violation.
Any person, firm, corporation or association violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than ten dollars, nor more than three hundred dollars, or by imprisonment of not more than ninety days in jail, or by both such fine and imprisonment as set forth in Chapter 1.12 of the Woodland Park Municipal Code.
Section 10. The following sections within Title 9 of the Woodland Park Municipal Code, concerning public peace, morals, and welfare, are hereby amended to read as follows:
9.01.070 - Violation—Penalty.
Whenever in this title, any section or a rule or regulation promulgated under the provisions of this title any act is prohibited or is made or declared to be unlawful or an offense or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or where a person fails to meet a standard of conduct or behavior described in the provisions of this title where no specific penalty is provided therefor, any person who shall be convicted of the violation of any such provision of this title or of such rules or regulations, shall be punished by a fine of not more than three hundred dollars two thousand six hundred and fifty dollars or by ninety days in jail or by both; provided, however, if at the time of the offense the person committing the offense is less than eighteen years of age, no jail sentence may be imposed against him or her.
9.28.020 - Penalty.
Upon conviction of the crime of assault the municipal court may sentence an offender to a term in the county jail not to exceed one year or a fine of not to exceed one thousand dollars as set forth in Chapter 1.12 of the Woodland Park Municipal Code or both such fine and imprisonment.
9.30.030 - Penalty.
Upon conviction of the crime of possession of marijuana and/or the possession of drug paraphernalia the municipal court may sentence an offender to a fine not to exceed one thousand dollars as set forth in Chapter 1.12 of the Woodland Park Municipal Code.
9.30.040 - Sale of Marijuana grown for personal use; penalty.
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B. In addition to any other penalties that may exist under state, federal, and local laws, violation of this section shall be punishable by a fine as set forth in Chapter 1.12 of the Woodland Park Municipal Code not exceeding one thousand dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment, as set forth in the Municipal Code Section 1.12.110.
9.41.040. - Penalty for violation.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding one thousand dollars, or be imprisoned for a period not exceeding one year, or by both such fine and imprisonment as set forth in Chapter 1.12 of the Woodland Park Municipal Code. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this chapter.
9.41.050. - Enforcement.
Violations of this chapter shall be prosecuted in the same manner as other misdemeanor violations of the city's code. No complaint shall be issued in the event the cause of the violation is removed, the condition abated or fully corrected.
9.59.060 - Penalty.
Upon conviction of the crime of fraud by check the municipal court may sentence an offender to a term in the county jail not to exceed one year or impose a fine as set forth in Chapter 1.12 of the Woodland Park Municipal Code a fine of not to exceed one thousand dollars or both such fine and imprisonment.
9.61.030 - Violation—Penalty.
Any minor violating the provisions of Section 9.61.010 shall be dealt with in accordance with Section 9.01.070. Any parent, guardian, or other adult person having the care and custody of a minor violating Section 9.61.020 shall be punished in accordance with Section 9.01.070, except that no term of imprisonment shall be imposed.
9.66.020 - Penalty.
Upon conviction of the crime of possession and/or consumption of alcoholic beverages by an underage person the municipal court may sentence a minor offender to a term in the juvenile detention facility as provided by law and impose a fine not to exceed one thousand dollars or both such fine and imprisonment as set forth in Chapter 1.12 of the Woodland Park Municipal Code. An adult convicted of this crime may be sentenced to a term in the County jail not to exceed one year or assessed a fine of not to exceed one thousand dollars or both such fine and imprisonment as set forth in Chapter 1.12 of the Woodland Park Municipal Code.
9.80.090 - Penalty.
Upon conviction of the crime of unlawful use or sale of fireworks, the municipal court may sentence an offender to a term in the county jail not to exceed one year or impose a fine as set forth in Chapter 1.12 of the Woodland Park Municipal Code of not to exceed one thousand dollars or both such fine and imprisonment.
9.90.090 - Penalty.
Upon conviction of violations of this chapter, the municipal court may sentence an offender to a term in the county jail not to exceed one year or impose a fine as set forth in Chapter 1.12 of the Woodland Park Municipal Code of not to exceed $1,000.00 or both such fine and imprisonment.
Section 11. The following sections within Title 12 of the Woodland Park Municipal Code, concerning streets and sidewalks, are hereby amended to read as follows:
12.02.020 - Violation—Penalty.
Any person violating any provision of this chapter shall be punished upon conviction by a fine not to exceed three hundred dollars or by imprisonment for not more than ninety days, or both such fine and imprisonment for each offense as set forth in Chapter 1.12 of the Woodland Park Municipal Code.
12.03.040 - Violation—Penalty.
Any person violating any provision of this chapter shall be punished upon conviction by a fine not to exceed three hundred dollars or by imprisonment for not more than ninety days, or both such fine and imprisonment for each offense as set forth in Chapter 1.12 of the Woodland Park Municipal Code.
Section 12. The following sections within Title 13 of the Woodland Park Municipal Code, concerning utilities, are hereby amended to read as follows:
13.05.060 - Violations and punishment.
It shall be unlawful for any person to knowingly violate any provision or to fail to comply with any of the requirements of this chapter. Any person who violates any of the provisions of this chapter shall be punishable by a fine of not more than one thousand dollars as set forth in Chapter 1.12 of the Woodland Park Municipal Code or by imprisonment of not more than one year or by both such fine an and imprisonment. Each such person shall be guilty of a separate offense for each and every day during and portion of which any violation of any provisions of this chapter is committed, continued, or permitted by such person and shall be punished accordingly. In addition to the penalties herein above provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be summarily abated by the city.
13.52.010 - Violation—Penalty.
Any person, firm or corporation who violates this title or any of its provisions shall, upon conviction thereof, be punished by a fine not to exceed three hundred dollars as set forth in Chapter 1.12 of the Woodland Park Municipal Code or by imprisonment for not more than ninety days, or by both such fine and imprisonment. Each day of violation shall be considered a separate offense.
Section 13. Section 16.56.040 of the Woodland Park Municipal Code, concerning mobile homes, is hereby amended to read as follows:
16.56.040 - Violation—Penalty.
Any person who violates any provision of this title shall upon conviction be punished by a fine of not less than five dollars nor more than three hundred dollars as set forth in Chapter 1.12 of the Woodland Park Municipal Code; and each day’s failure of compliance with any such provision shall constitute a separate violation.
Section 14. Section 20.04.060 of the Woodland Park Municipal Code, concerning flood damage prevention regulations, is hereby amended to read as follows:
20.04.060 - Penalties.
Any violation of any portion of the Flood Damage Prevention Regulations Code herein adopted is hereby declared to be unlawful and punishable as set forth in Chapter 1.12 General Penalty of the Woodland Park Municipal Code.
Section 15. Severability. The provisions of this ordinance are severable and the invalidity of any section, phrase, clause, or portion of the ordinance as determined by a court of competent jurisdiction shall not affect the validity or effectiveness of the remainder of the ordinance.
Section 16. Effective Date. This ordinance shall be in full force and effect upon its publication as required by law.
PASSED BY CITY COUNCIL ON SECOND AND FINAL READING FOLLOWING PUBLIC HEARING THIS ___ DAY OF ___________, 2021.
City of Woodland Park
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Hilary LaBarre, Mayor Pro-Tem
ATTEST:
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City Clerk, Suzanne Leclercq