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COUNCIL BILL NO. 23-020 ORDINANCE AN ORDINANCE REPEALING AND REENACTING SEC. 1-5, GENERAL PENALTY; CONTINUING VIOLATIONS, OF CHAPTER 1, GENERAL PROVISIONS, OF THE ARVADA CITY CODE WHEREAS, the City of Arvada has the authority under Colo. Rev. Stat. §31-16-101 and otherwise under its authority as a Home Rule city to adopt ordinances, enforce them, and establish penalties for the violation thereof; and WHEREAS, Colo. Rev. Stat. §31-16-101 sets forth the maximum penalties for violations of city ordinances, WHEREAS, the Arvada City Council finds that the City has a significant interest enforcing its laws and establishing penalties for the violation thereof; and WHEREAS, the City Council finds that adoption of an ordinance that conforms, to the extent practicable, the penalties in the Arvada City Code with those set forth in the Colo. Rev. Stat. §31-16-101, is necessary to protect the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARVADA, COLORADO: Section 1. Sec. 1-5 General penalty; continuing violations, of Chapter 1, General Provisions, of the Arvada City Code is hereby repealed and reenacted to read as follows: “Sec. 1-5. General penalty; continuing violations. General penalty adults. Except as set forth below or as otherwise stated in a specific ordinance, and for any offense committed after September 1, 2023, whenever in any section of this Code, or of any other ordinance of the city, the doing of any act is required, prohibited, or declared to be unlawful, any person who is over eighteen years of age who pleads guilty or nolo contendere, or who is convicted of a violation of any such section shall, for each offense, be fined in a sum not more than $2,650.00, or shall be imprisoned for a term not longer than 364 days, or shall be both so fined and imprisoned. General penalty juveniles. Whenever in any section of this Code, or of any other ordinance of the city, the doing of any act is required, prohibited, or declared to be unlawful, any juvenile who is ten or more years of age but less than eighteen years of age who pleads guilty or nolo contendere, or who is convicted of a violation of any such section shall, for each offense, be fined in a sum of not more than that shown in subsection Contempt; in-home detention. No juvenile may be imprisoned for any violation, except that a juvenile who fails to comply with a lawful order of the municipal court, including an order to pay a fine or restitution, may be confined to a juvenile detention facility operated or contracted by the department of human services. Any confinement of A public hearing on this Council Bill will be held by the Arvada City Council on Monday, August 21 at 6:15pm at 8101 Ralston Road in the Council Chambers. ---PAGE BREAK--- a child for contempt of municipal court shall not exceed 48 hours. The court may require in-home detention for a juvenile who fails to comply with a lawful order of the municipal court. The in-home detention shall not exceed ten days' time and shall be monitored by a designee of the court. The court may order the costs associated with the in-home detention to be paid by the juvenile. Fine adjustment. The monetary limitation on municipal court fines set forth in subsection may be adjusted for inflation on January 1, 2024, and on January 1 of each year thereafter. Inflation means the annual percentage change in the United States Department of Labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood, all items, all urban consumers, or its successor index. Continuing violations. Every day any violation of this Code or any other ordinance of the city hereafter enacted, or any rule or regulation promulgated under the provision of this Code continues or is permitted to continue shall constitute a separate offense.” Section 2. Should any provision of this ordinance be declared by a court to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared unconstitutional or invalid. Section 3. This ordinance shall be effective five days after publication following final passage. INTRODUCED, READ, AND ORDERED PUBLISHED this 7th day of August, 2023. PASSED, ADOPTED AND APPROVED this 2023. Marc Williams, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Rachel A. Morris, City Attorney By: Publication Dates: August 10, 2023 ---PAGE BREAK--- ---PAGE BREAK--- REDLINE/STRIKETHROUGH VERSION FOR INFORMATION ONLY NOT PART OF THE ORDINANCE Underlined indicates new material Strikethrough indicates deleted material Sec. 1-5. - General penalty; continuing violations. General penalty – adults. Except as set forth below or as otherwise stated in a specific ordinance, and for any offense committed after September 1, 2023, whenever in any section of this Code or of any other ordinance of the city, the doing of any act is required, prohibited, or declared to be unlawful, any person who is over the age of eighteen years of age who pleads guilty or nolo contendere, or who is convicted of a violation of any such section shall, for each offense, be fined in a sum not more than $2,650.00, or shall be imprisoned for a term not longer than 364 days, or shall be both so fined and imprisoned. General penalty – juveniles. Whenever, in any section of this Code or of any other ordinance of the city, the doing of any act is required, prohibited, or declared to be unlawful, any juvenile who is ten or more years of age but less than eighteen years of age or older who pleads guilty or nolo contendere, or who is convicted of a violation of any such section shall, for each offense, be fined in a sum of not more than that shown in subsection Contempt; in-home detention. No juvenile may be imprisoned for any violation, except that a juvenile who fails to comply with a lawful order of the municipal court, including an order to pay a fine or restitution, may be confined to a juvenile detention facility operated or contracted by the department of human services. Any confinement of a child for contempt of municipal court shall not exceed 48 hours. The court may require in-home detention for a juvenile who fails to comply with a lawful order of the municipal court. The in-home detention shall not exceed ten days' time and shall be monitored by a designee of the court. The court may order the costs associated with the in-home detention to be paid by the juvenile. ( Fine adjustment. The monetary limitation on municipal court fines set forth in subsection may be adjusted for inflation on January 1, 2024 and on January 1 of each year thereafter. Inflation means the annual percentage charge in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for Denver-Aurora-Lakewood, all items, all urban consumers, or its successor index. Continuing violations. Every day any violation of this Code or any other ordinance of the city hereafter enacted or any rule or regulation promulgated under the provisions of this Code continues or is permitted to continue shall constitute a separate offense.