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Ordinance 2019-1774
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Ordinance 2019-1774
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Last modified
3/12/2021 11:04:42 AM
Creation date
6/12/2019 8:29:13 AM
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City Council Records
Doc Type
Ordinance
Ord/Res - Year
2019
Ord/Res - Number
1774
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ORDINANCE NO 1774 <br />SERIES 2019 <br />AN ORDINANCE AMENDING CHAPTER 1.28 OF THE LOUISVILLE MUNICIPAL <br />CODE CONCERNING INCARCERATION OF MUNICIPAL OFFENDERS <br />WHEREAS, during the 2019 legislative session, the Colorado General Assembly adopted <br />House Bill 19-1148 (the `Bill"), which decreased the maximum period of incarceration a <br />municipal court may impose for violations of municipal ordmances from twelve months to 364 <br />days, and <br />WHEREAS, the City Council desires to amend Section 1.28 010 of the Louisville <br />Municipal Code to cause the City's general penalty clause to comply with the Bill. <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY <br />OF LOUISVILLE, COLORADO <br />Section 1. Section 1.28 010 of the Louisville Mumcipal Code is hereby amended to read <br />as follows (words added are underlined, words deleted are stricken through) <br />A. No person shall violate any of the provisions of the ordinances of <br />the city Except in cases where a different punishment is prescribed by any <br />ordinance of the city, any person who violates any of the provisions of the <br />ordinances of the city shall be punished by a fine of not more than $2,650 00, as <br />shall be adjusted for inflation on January 1, 2014 and on January 1 of each year <br />thereafter, or by rmprrsoninent not to exceed one year, 364 days, or by both such <br />fine and imprisonment. For purposes of this subsection A., "inflation" means the <br />annual percentage change in the United States Department of Labor, Bureau of <br />Labor Statistics, Consumer Price Index for Denver -Boulder, All Items, All Urban <br />Consumers, or its successor index, <br />B Each such person shall be guilty of a separate offensefor each and <br />every day during any portion of which any violation of any provision of the <br />ordinances of the city is committed, continued or permitted by any such person, <br />and he shall be punished accordingly <br />C A child under 18 years of age convicted of violating a municipal <br />ordinance, found to be in violation of lawful order of the municipal court, may be <br />confined as provided in state law <br />Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is <br />held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or <br />constitutionality of the remarnmg portions of this ordinance The City Council hereby declares <br />that it would have passed this ordinance and each part or parts hereof irrespective of the fact that <br />any one part or parts be declared unconstitutional or invalid. <br />Ordinance No. 1774, Series 2019 <br />Page 1 of 2 <br />
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