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HomeMy WebLinkAboutOrdinance-1989-0793INTRODUCED BY COUNCILMEMBER Ordinance No. Series of 793 DAVIS 1989 TITLE: AN ORDINANCE AMENDING SECTION 2 OF CHAPTER 13 AND SECTION 43 OF CHAPTER 20 REGARDING PENALTIES FOR VIOLATIONS OF THE WHEAT RIDGE CODE OF LAWS (1989) AND ADDING SECTION 13 OF CHAPTER 14 REGARDING THE AVAILABILITY OF JURY TRIALS IN THE MUNICIPAL COURT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 13-2 of the Code of Laws of the City of Wheat Ridge (effective June 1, 1989) is hereby amended as follows: Sec. 13-2. Model Traffic Code. (e) Penalty for violation. Any person convicted of a violation of any of the provisions of this chapter shall be subject to FINES OF NOT MORE THAN FOUR-HUNDRED NINETY-NINE DOLLARS ($499.00) ; PROVIDED, HOWEVER, THAT PERSONS CONVICTED OF VIOLATIONS OF SECTION 4-6, CONTEST PROHIBITED, SECTION 5-1, RECKLESS DRIVING, SECTION 4-1, SPEEDING MORE THAN 20 MPH OVER POSTED LIMIT, AND SECTION 21-13, ELUDING OR ATTEMPTING TO ELUDE POLICE OFFICER, SHALL BE SUBJECT TO the penalties as specified in section 1-5 of this Code. Section 2. Section 20-43 of the Code of Laws of the City of Wheat Ridge (effective June 1, 1989) is hereby repealed and reenacted as follows: Sec. 20-43. Penalty. Any person violating any provision of this article shall be subject to the penalties of section 20-22 of this Code; provided, however, that nothing contained in this section or section 20-22 shall impair the ability of the City to enforce the other remedial provisions as provided in this article. Section 3. Section 14-13 of the Code of Laws of the City of Wheat Ridge (effective June 1, 1989) is hereby added as follows: Sec. 14-13. Trials. (a) Trial by jury. A defendant shall not be entitled to a trial by jury unless: (1) The defendant is charged with a criminal offense for which sections 16-10-101 and 16- 10-109(1), Colorado Revised Statutes (as amended July 1, 1988) preserves the right to a jury trial, and if (2) The defendant complies with the requirements of Colorado Rule of Municipal Court Procedure 223 and section 13-10-114 Colorado Revised Statutes (as amended). (b) Jury membership. The jury shall consist of three members unless a greater number, not to exceed six, is requested by the defendant in a written jury demand. (c) Trial to the court. All other criminal matters for which the defendant has plead not guilty, but for which the defendant has not perfected his right to a jury trial pursuant to subsection (a) of this section, and all civil matters, shall be tried to the court with the municipal judge as fact-finder. Section 4. 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 5. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, 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 City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. 1989. Section 6. This ordinance shall become effective June 1, INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on this 10th day of April , 1989, in the ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for May 8, 1989 , sUft at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 2 this 8th day of May , 1989. 2 SIGNED by the Mayor on this 9th day of 1989. Dan Wilde, Mayor ATTEST: Wanda Sang, City ✓G erk APPROVED AS TO FORM BY OFFICE OFj C TY ATTORNEY I t 1 John /t. Hayes; City Attorney 1st Publication: April 13, 1989 2nd Publication: May 11, 1989 Wheat Ridge Sentinel: Effective Date: June 1, 1989 3