HomeMy WebLinkAboutORDINANCE 07-020 0
ORDINANCE NO.7-02
AN ORDINANCE AMENDING CHAPTER 9.20 OF THE
MUNICIPAL CODE OF THE TOWN OF ESTES PARK
WITH REGARD TO UNDERAGE POSSESSION AND
CONSUMPTION OF ETHYL ALCOHOL
WHEREAS,Section 8-13-122,CR5.,contains prohibitions on the underage
possession or consumption of ethyl alcohol which prohibitions are greater than those
prohibitions set forth in Chapter 9.20 of the Municipal Code;and
WHEREAS,the Town,as a statutory Town,is prohibited from adopting and
enforcing any municipal ordinance which is less restrictive than the Statutes of the State
of Colorado with regard to the underage possession or consumption of ethyl alcohol and
the required driver’s license revocation resulting from a conviction of underage
possession or consumption of ethyl alcohol.;
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO.
Section 1.Section 9.20 of the Municipal Code of the Town of Estes Park shall be
amended to read as follows:
9.20.050 Sentencing
(a)Immediately upon a plea of guilty or no contest (except when such a plea is
entered in conjunction with a deferred sentence),or a verdict of guilty by the
court or jury,to a violation of Section 9.20.010,in addition to any other
penalty,the court shall require the offender to immediately surrender his or
her driver’s,minor driver’s,or provisional driver’s license to the court.The
court shall forward to the Colorado Department of Revenue a notice of
conviction,together with the offender’s license,not later than ten (10)days
after the conviction becomes final.
(b)It is unlawful for any person to fail to surrender his or her license to the court
within three (3)days of his or her plea of guilty or no contest,or verdict of
guilty to a violation of Section 9.20.010.
(c)The court may,in its discretion and as part of the sentence to be imposed,
require a person convicted of violating any portion of this Chapter to complete
court-approved public service in an amount to be set by the Court.
Section 2.The adoption of this ordinance is hereby determined to be an emergency
in order to immediately bring the Town’s Municipal Code into compliance with the State
Statutes;and
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WHEREAS,in the opinion of the Board of Trustees an emergency exists,this
ordinance shall take effect and be enforced immediately after its passage,adoption,and
signature of the Mayor.
PASSED AND ADOPTED BY THE BOARD OF T9USTEES OF THE TOWN OF
ESTES PARK,COLORADO,THIS ctS DAY OF 4u-,c 2002.
61
TOWN OF ESTES PARK
By:%t
Mayor
ATTEST:
cL
Town Clerk
I hereby certify that the above Ordinance was introduced and read at the meeting
of the Board of Trustees on the sday of 2002,and published
in a newspaper of geieraI circulation in the Town&Estes Park,Colorado,on thetar-day of
__________________
2002.
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Town Clerk