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0-2003-11
AN ORDINANCE
REPEALING SECTION 2 AND SECTION 3 OF ORDINANCE 0-2003-6; FURTHER AMENDING SECTION 1.16.040B AND 1.16.040C OF THE LAKEWOOD MUNICIPAL CODE
WHEREAS, the City Council passed Ordinance 2003-6 on the 24th day of March 2003 and it has now been determined that erroneous references to subsections exist in said ordinance.
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that
SECTION 1. Section Two and Section Three of Ordinance 0-2003-6 are hereby repealed.
SECTION 2. Subsection 1.16.040B of the Lakewood Municipal Code is hereby amended and shall be as follows:
Subsection 1.16.040B. Court costs and fines of the Lakewood Municipal Code is hereby amended and shall be as follows:
B. In addition to ordering the defendant to pay a fine, the Municipal Judge
shall assess court costs against any defendant who is found guilty or who pleads
guilty or nolo contendere to an ordinance violation; provided, however, that
upon application and a showing of indigency by the defendant, a Municipal Judge
may, in his discretion, adjust the amount of costs or suspend costs entirely,
as authorized by subsection (E) below. The Municipal Judge may order:
1. That the defendant pay the entire sum imposed as court costs at the time
costs are imposed;
2. That the defendant pay the entire amount at some designated later date;
3. The defendant pay a specified portion of the court costs at designated periodic
intervals in the manner specified in subsection (F) of this section; or
4. That court costs be imposed in addition to any conditions of probation, if
the defendant is sentenced to a period of probation.
5. The presiding municipal judge shall prepare and maintain a schedule of court
costs. If court costs are assessed, they shall be assessed by each judge according
to the established court cost schedule.
SECTION 3. Subsection 1.16.040C of the Lakewood Municipal Code is hereby amended and shall be as follows:
C.1. When the court imposes a fine, the sentence shall provide that if the
defendant fails to pay the fine in accordance with the direction of the court,
the defendant shall be imprisoned until the fine is satisfied or the defendant
is released pursuant to subsections (D) and (E) of this section. This provision
shall be included at the time sentence is pronounced. If defendant fails to
pay a fine or costs of suit or both as directed, the court may issue a warrant
for his arrest.
2. Subsection (C)(1) of this section shall not apply to penalties, costs, and
other court fees imposed for traffic infractions. Any failure to pay such amounts
for traffic infractions shall be governed by Chapter 10.76 of this code.
SECTION 4. This ordinance shall take effect thirty (30) days after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 14th day of April, 2003; published in full in the Lakewood Sentinel on the 17th, day of April, 2003; set for public hearing on the 28th day of April, 2003; read, finally passed and adopted by the City Council on the 28th day of April, 2003; and signed and approved by the Mayor on the 29th day of April, 2003.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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