HomeMy WebLinkAbout2016-30 Amending Section 1-9-8 to Increase Court CostsORDINANCE NO. 30
SERIES 2016
AN ORDINANCE AMENDING SECTION 1-9-8 OF THE VAIL TOWN
CODE TO INCREASE COURT COSTS
WHEREAS, the municipal court costs imposed by Section 1-9-8 of the Vail Town
Code have not been amended since 1992; and
WHEREAS, it is necessary to increase court costs to keep pace with the greater
administrative and operating expenses associated with operating the municipal court.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 1-9-8 of the Vail Town Code is hereby amended as follows:
1-9-8: COURT COSTS:
A. Plea Entered at or Subsequent to Arraignment: The judge shall
assess court costs in the amount of fifteen twenty-five dollars {$15.00}
($25.00), which shall be assessed against all defendants upon entry of a
conviction at or subsequent to arraignment, but the judge may suspend
the cost in the interest of justice. No cost shall be assessed when
conviction is by a plea of guilty entered by mail pursuant to the penalty
assessment procedures set forth in this code.
B. Cost of Witnesses: The judge shall assess against a convicted
defendant for all witnesses subpoenaed and appearing at the trial and all
witness fees which are required to be paid by the court.
C. Additional Costs: The judge may assess against a convicted
defendant any other costs similar to those authorized by state law.
D. Jury Trial: Costs for persons convicted after trial by a jury are thirty
fifty dollars {$30.00) ($50.00) instead of the fifteen twenty-five dollars
{$15.00} ($25.00) described by subsection A of this section.
Section 2. Severability. If any part, section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portions of this ordinance; and the Council hereby
declares it would have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Section 3. Retroactivity. The amendment of any provision of the Town Code
as provided in this ordinance shall not affect any right which has accrued, any duty
Ordinance No. 30, Series of 2016
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 4. Repeal. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are repealed to the extent only of such inconsistency.
This repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of October, 2016 and a
public hearing for second reading of this Ordinance is set for the 1st •:y of November,
2016, in the Council Chambers of the Vail Munic.. - : ildi g . i .I. rado.
wave Ch..in, Mayr
ATTES
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Patty y, Town CI
READ AND £ PPR• ED ON SECOND READ ►G A ND ORDER: D PUBLISHED
this 1st day of November, 2016.
Ordinance No. 30, Series of 2016
, Mayor