City Council Agenda and Packet 2010 10 05

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Prosecuting Attorney Colette Cribari explained Ordinance No. 1578, Series 2010 amends Sections 1.24.010 and 9.46.040 A of the Louisville Municipal Code. She explained the City previously adopted an ordinance codified in Section 1.24.010 of the Louisville Municipal Code stating any person imprisoned for nonpayment of a fine shall be credited for time served at the rate of $25.00 per 24 -hour day, exclusive of board. The current rate for incarceration has increased, therefore, the Municipal Court staff requests Section 1.24.010 of the Louisville Municipal Code be amended to increase the rate for any person imprisoned for the nonpayment of a fine from $25.00 per 24 -hour day to $50.00 per 24 -hour day. The second amendment was requested by Judge Joss. It changes the language in Section 9.46.040 Shoplifting (A). The amendment replaces the words "shall constitute" with the word "constitutes." Mayor Sisk requested public comment and hearing none, closed the public hearing. MOTION: Councilor Dalton moved to approve Ordinance No.1578, Series 2010 on final reading, seconded by Councilor Clabots. Roll call vote was taken. The motion carried by a vote of 6 -0. Absent: Councilor Muckle. ORDINANCE No. 1579, SERIES 2010 — AN ORDINANCE ADOPTING THE 2010 EDITION OF THE MODEL TRAFFIC CODE; AMENDING CERTAIN SECTIONS OF THE LOUISVILLE MUNICIPAL CODE IN CONNECTION THEREWITH; PROVIDING PENALTIES FOR VIOLATIONS OF THE ADOPTED CODE; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH — 2 nd Reading Mayor Sisk requested a City Attorney introduction. City Attorney Light read Ordinance No. 1579, Series 2010. Mayor Sisk opened the public hearing and requested a Staff presentation. Prosecuting Attorney Cribari explained the Colorado Department of Transportation prepared and adopted a 2010 Revised Edition of the Model Traffic Code for Colorado. Ordinance No. 1579, Series 2010, authorizes the City to adopt the 2010 Edition of the "Model Traffic Code ", with revisions and modifications. The 2010 Edition of the "Model Traffic Code" incorporated many of the revisions addressed in Ordinance No. 1428, Series 2003. The Police Department, Municipal Court Staff and City Attorney's office reviewed the 2010 Model Traffic Code. Prosecuting Attorney Cribari also discussed the 2010 Model Traffic Code with Prosecuting Attorneys from other jurisdictions. Most of Section 17 of the 2010 Model Traffic Code was modified to remove the fine amounts. She explained municipal judges prefer to enter fine amounts for violations. She reviewed the revisions of specific sections of the 2010 Model Traffic Code. Mayor Sisk requested public comment and hearing none, closed the public hearing. 26 City Council Meeting Minutes September 21 2010 Page 10 of 11