1.1.113: CORPORATE SEAL:

There is hereby established the Seal of the City of Colorado Springs, the impression of which is as follows: In the center the words "Seal, Incorporated September 3, 1872", and around the outer edge, the words "Colorado Springs, Colorado", a facsimile of which follows:

(Ord. 11-18)

1.1.114: OFFICIAL CITY NEWSPAPER:

From time to time, and after competitive bids have been received and evaluated, the City Council will designate, by resolution, an official newspaper of the City for publishing ordinances, notices and other legal advertisements of the City. This section shall not preclude legal publication in an additional newspaper or newspapers if necessary. (Ord. 11-18)

PART 2 GENERAL PENALTY 1

SECTION:

1.1.201: General Penalty

1.1.202: Minor Offenders

 

Notes

1	1. Prior ordinance history: Ord. 4747; 1968 Code §15-1; 1980 Code; Ord. 81-70; Ord. 82-164; Ord. 86-66; Ord. 88-205; Ord. 91-34; Ord. 94-180; Ord. 95-168; Ord. 96-43; Ord. 96-58; Ord. 96-99; Ord. 01-42; Ord. 03-49; Ord. 04-177; Ord. 06-41; Ord. 06-202; Ord. 07-84; Ord. 08-2.

1.1.201: GENERAL PENALTY 1 :

   A.   Any person who performs or fails to perform an act where the performance or failure to perform is declared in any provision of this Code or any promulgated rule or regulation to be unlawful or an offense or misdemeanor, or any person who performs an act which is prohibited or fails to perform an act which is required by any provision of this Code or any promulgated rule or regulation, or any person who fails to meet a standard of conduct or behavior prescribed in any provision of this Code for which no specific penalty is provided shall, upon conviction, be punished as provided in subsection B of this section.

   B.   Any person convicted for the violation of any provision of this Code or any promulgated rule or regulation shall be punished by a fine of not more than two thousand five hundred dollars ($2,500.00); by imprisonment in jail for a period not exceeding one hundred eighty nine (189) days; by a sentence of probation; or by a combination of fine, imprisonment, and a sentence of probation; unless a lesser penalty is provided for elsewhere in this Code. The Municipal Court shall designate fines that may be made payable at the Violations Bureau. The minimum fine, subject to the limit specified above, shall be as follows for the following offenses:

      1.   Subsection 3.2.213F1e, "Structures And Devices At Municipal Bus Stops", of this Code; the court shall impose a fine of not less than one hundred dollars ($100.00).

      2.   Section 10.17.105, "Traffic Control Signal Legend", of this Code; the court shall impose a fine of not less than one hundred dollars ($100.00), excepting violations of section 10.17.105C5 regarding "AVIS Violations."

      3.   Section 10.3.101, "Approaching Stop Or Yield Intersections", of this Code; the court shall impose a fine of not less than one hundred dollars ($100.00).

      4.   Chapter 10, article 5, "Speed Regulations", of this Code; the court shall have the discretion to reduce the payable fine for speeding offenses by no more than thirty dollars ($30.00), excepting section 10.5.104F regarding "AVIS Violations."

      5.   Subsection 10.5.107B1 of this Code prohibiting speed contests; the court shall impose a fine of not less than one hundred fifty dollars ($150.00) plus ten dollars ($10.00) for every mile per hour over the posted or unposted speed limit, pursuant to this part, where the speed of the vehicle involved has been confirmed by a legally accepted method of verification, and, in the discretion of the Judge, ten (10) days' jail.

      6.   Subsection 10.5.107B2 of this Code prohibiting speed exhibitions; the court shall impose a fine of not less than one hundred fifty dollars ($150.00) on the first conviction, two hundred dollars ($200.00) on a second conviction and two hundred fifty dollars ($250.00) on a third conviction occurring in a five (5) year period.

   C.   A separate and distinct offense shall be deemed to have been committed for each day on which any violation of this Code or of any City rule or regulation shall continue.

   D.   The provisions of this section shall not be applicable to violations of sections 9.6.606 through 9.6.615 of this Code.

   E.   Possibility of imprisonment upon conviction for violation of the offenses listed in section 11.4.104 of this Code is hereby eliminated.

   F.   The pedestrian safety program funding fee imposed by section 10.24.101 of this Code shall be collected by imposing a surcharge in addition to any other fine imposed by this Code, excepting violations of sections 10.5.104F and 10.17.105C5 regarding "AVIS Violations."

   G.   An information technology surcharge ("IT surcharge") of five dollars ($5.00) shall be assessed on all convictions resulting from the issuance of a summons and complaint alleging a violation of this Code, excepting chapter 10, articles 11 through 16 and 25 of this Code relating to parking violations, and excepting violations of subsections 10.5.104F and 10.17.105C5, "AVIS Violations." This IT surcharge shall be imposed in addition to any other fine imposed by this Code or the Municipal Court; however, the fine imposed, plus applicable surcharge(s), shall not exceed the maximum fine amounts as set forth in this part or elsewhere in this Code. All proceeds derived from the IT surcharge shall be applied to information technology support needs of the Municipal Court. (Ord. 11-18; Ord. 13-71; Ord. 15-84; Ord. 18-86; Ord. 24-32)

 

Notes

1	2. See also section 10.1.101 of this Code for penalty provisions.

1.1.202: MINOR OFFENDERS:

   A.   Minor Offender: For the purposes of this section, a "minor offender" shall be defined as any person accused of an offense contrary to this Code who, on the date of the alleged offense, was at least ten (10) years of age, but had not yet attained the age of eighteen (18) years.

   B.   Violation; Penalty: Any minor offender convicted of a violation of this Code, or any promulgated rule or regulation, shall be punished by a fine of not more than five hundred dollars ($500.00), or by a sentence of probation, or by a combination of a fine and a sentence of probation.

   C.   Municipal Court Authority: This section shall not be construed to abrogate, abolish or otherwise limit the power of the Municipal Court to punish any person before it for "contempt of court", whether for failure to obey a summons, subpoena or other lawful order of the court, or for personal conduct before the court. A minor offender found guilty of contempt shall be punished by a fine of not more than five hundred dollars ($500.00), imprisonment not to exceed forty eight (48) hours in a juvenile facility operated by or under contract with the State of Colorado, by home detention not to exceed ten (10) days or a combination of a fine, detention or imprisonment.

   D.   Home Detention: An alternative correctional sentence or term of legal supervision in which a minor offender charged or convicted of contempt of court is allowed to serve the whole sentence or term of supervision, or a portion, within the minor offender's home or other approved residence. The sentence or term of supervision shall require the minor offender to remain within the minor offender's approved residence at all times except for school, probation, approved employment, court ordered activities and medical needs. Supervision of the minor offender shall include personal monitoring by an agent or designee of the Municipal Court Probation Department or monitoring by electronic devices which are capable of detecting and reporting the minor offender's absence or presence within the approved residence or both personal and electronic monitoring.

   E.   Presiding Judge: The Presiding Judge of the Municipal Court may promulgate rules or orders regarding the procedural processing of minor offenders appearing before the Municipal Court as the Presiding Judge may deem appropriate. (Ord. 11-18; Ord. 13-71)