§ 1-15. Penalties.

(a)

(1)

Except as otherwise specified in paragraph (2) below, whenever any provision of this Code, or any provision of a rule or regulation promulgated hereunder, or the doing of any act is required, prohibited, or declared to be unlawful and no definite fine or penalty is provided for a violation thereof, any person convicted of a violation of any such provision shall, for each offense, be punished by a fine not exceeding, at the time of the commission of the offense, the maximum fine established by the state for municipal ordinance violations.

Nothing herein shall be deemed to restrict the municipal court in the exercise of its inherent powers to impose other terms and conditions as part of any sentence, issue and enforce orders and act to protect the integrity and dignity of the court.

(2)

The following violations, as set forth by this Code, as may be amended, shall upon conviction be punishable by imprisonment for a period of not more than one year, or by a fine not exceeding, at the time of the commission of the offense, the maximum fine established by the state for municipal ordinance violations, or by both fine and imprisonment, and such other terms and conditions as the court in the exercise of its lawful powers deems appropriate:

a.

All offenses set forth in the following articles of chapter 38 of the Code: article III, offenses against the person; article IV, offenses against property; article VI, offenses related to governmental operation; article IX, offenses relating to weapons and article VII, offenses concerning public indecency.

b.

Disorderly conduct as set forth in article V of chapter 38 of the Code.

c.

The following offenses set forth in article 1 of chapter 58: Speeding more than 24 miles per hour over the posted speed limit, reckless driving, eluding or attempting to elude a police officer, speed contest and compulsory insurance.

(3)

Each 24-hour period of time that a violation continues shall be deemed a separate offense. Unless specifically designated criminal herein, any offense which is punishable by fine only without imprisonment is not criminal and is deemed decriminalized.

(b)

Any person under 18 years of age convicted of a violation of any provision of this Code shall be, for each offense, fined in a sum not exceeding, at the time of the commission of the offense, the maximum fine established by the state for municipal ordinance violations. The municipal judge has the authority to order a child confined in a juvenile detention facility operated or contracted by the county or the state for failure to comply with a lawful order of the court, including an order to pay a fine. Any confinement of a child for contempt of a court order shall not exceed 48 hours.

(c)

The city shall be entitled to recover all costs and expenses including reasonable attorney fees incurred in the civil prosecution and/or litigation of any person found to have violated any section of this Code or any rule or regulation promulgated under this Code.

(d)

If a person is charged with both a violation that is subject to a jury trial and one which is not and such violations arise out of the same act or transaction, such individual may have a trial by jury on all charges.

(Code 1985, § 1-1-7; Ord. No. 08-08, § 1, 1-6-2009; Ord. No. 11-11, § 1, 11-1-2011; Ord. No. 13-10, § 1, 7-2-2013; Ord. No. 16-03, § 1, 4-5-2016; Ord. No. 18-18, § 2, 4-16-2019)

State law reference

Penalty for violation of ordinance, C.R.S. § 31-16-101.

Charter reference

Penalty for violation of ordinances, § 4.11.