§ 1-13. General penalty.

(a)

Criminal violations. Except as provided in subsections (b) through (d) of this section, whenever any section of this Code or any section of a rule or regulation promulgated hereunder requires, prohibits or declares to be unlawful the doing of any act, any violation of such section is hereby declared to be a criminal violation.

(b)

General penalty. If no definite fine or penalty is provided for a violation and except as otherwise provided in section 1-14, any person who shall be convicted of a violation of any such section may, for each offense, be fined in a sum not more than nine hundred ninety-nine dollars ($999.00) or jailed not to exceed three hundred (300) days, or both so fined and jailed.

(1)

Nothing in this section shall be construed to limit sentencing options that are otherwise available to the court.

(2)

Nothing in this section shall be construed to limit the length of probation provided in section 14-61 of this Code.

(c)

Separate violations. Unless distinct and separate violations can be otherwise established, each day an offense and violation continues shall constitute a separate offense and violation.

(d)

Minors. Any minor over the age of ten (10) years who shall be found to have violated any provision of chapter 34, chapter 38, or section 8-131 of this Code shall be subject to the provisions of article II of chapter 34 of this Code.

(e)

Non-criminal violations. Whenever any section of this Code or any section of a rule or regulation promulgated hereunder requires, prohibits or declares to be unlawful the doing of any act, and such violation is declared to be a noncriminal violation upon an admission or finding or judgment of guilt or liability by default or otherwise, the violator shall be subject to such penalty as provided in the chapter or section which defines such infraction. A penalty assessment notice procedure may be established to resolve the allegation of such infraction in addition to any other resolution procedure authorized in this Code.

(f)

Licenses or privileges. The suspension or revocation of any license, certificate or other privilege conferred by the city shall not be regarded as a penalty for the purposes of this Code but shall be in addition to the penalty provided in subsections (a) through (e).

(g)

Cumulative remedies. The civil, criminal, and administrative actions, fines, sentences, penalties, judgments, and remedies provided by this Code are intended to be cumulative in nature unless specifically indicated otherwise. The city may pursue one (1) or more of these civil, criminal, and administrative actions, fines, sentences, penalties, judgments, and remedies and may do so simultaneously or in succession.

(Code 1950, § 011.10; Ord. No. 692-82, § 2, 12-13-82; Ord. No. 699-86, § 1, 10-27-86; Ord. No. 756-89, § 1, 12-18-89; Ord. No. 556-93, § 1, 7-19-93; Ord. No. 41-97, § 1, 1-13-97; Ord. No. 29-99, § 1, 1-4-99; Ord. No. 513-17, § 1, 5-22-17)

Case Law annotation— A fine under municipal ordinance has as its objectives punishment of the offender and deterrence of others. Green v. Denver, 111 Colo. 390, 142 P. 2d 277 (1943).

Violation of an ordinance which is the counterpart of a criminal statute should be tried and punished under the protections applicable to criminal cases even though prosecuted in a municipal court. Zerobnick v. Denver, 139 Colo. 139, 337 P. 2d 11 (1959).

State law reference

Maximum penalty, C.R.S. 1973, 31-16-101.

Charter reference

Penalty, § B1.12-1.