Colorado Springs City Code § 1.1.201 GENERAL PENALTY
1.1.201: GENERAL PENALTY:
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.
H. A police department technology surcharge will 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 10.5.104(F) and 10.17.105(C)(5), "AVIS violations." This police department technology surcharge shall be imposed in addition to any other fines imposed by this Code or the Municipal Court; however, the fine imposed, plus applicable surcharges, shall not exceed the maximum fine amounts as set forth in this part or elsewhere in this Code.
1. All proceeds derived from the police department technology surcharge shall be applied to technology systems utilized by the Police Department for the response to or investigation, enforcement, or documentation of criminal and traffic laws or ordinance violations.
2. The Municipal Court may not waive the police department technology surcharge, unless the Court complies with section 11.3.106 of this Code.
3. The Mayor will determine the amount of the police department technology surcharge. In determining the fee amount, the Mayor will consider a financial impact analysis from the Police Department of any statutorily required police technologies necessary for law enforcement purposes and any Police Department technological contract obligations.
(Ord. 11-18; Ord. 13-71; Ord. 15-84; Ord. 18-86; Ord. 24-32; Ord. 25-93)
Notes
1 | 2. See also section 10.1.101 of this Code for penalty provisions.