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File #: 24-166    Version: 1 Name:
Type: Ordinance Status: Mayor's Office
File created: 3/15/2024 In control: City Council
On agenda: 4/23/2024 Final action: 4/23/2024
Title: Ordinance No. 24-20 amending Section 104 (Right to Trial By Jury; Jail; Exceptions) of Part 1 (Trial by Jury) of Article 4 (Jury Provision) of Chapter 11 (Municipal Court) of the Code of the City of Colorado Springs 2001, as amended, pertaining to Careless Driving. Presenter: Commander John Koch, Colorado Springs Police Department Emily Vandenberg, Prosecuting Attorney, City Attorney's Office
Attachments: 1. CSPD-Careless-Ch_11-ORD-2024-03-12, 2. 2024 Careless Driving - Injury Expired Registration Display, 3. Signed Ordinance No. 24-20.pdf

Title
Ordinance No. 24-20 amending Section 104 (Right to Trial By Jury; Jail; Exceptions) of Part 1 (Trial by Jury) of Article 4 (Jury Provision) of Chapter 11 (Municipal Court) of the Code of the City of Colorado Springs 2001, as amended, pertaining to Careless Driving.

Presenter:
Commander John Koch, Colorado Springs Police Department
Emily Vandenberg, Prosecuting Attorney, City Attorney's Office

Body
Summary:
The proposed ordinance changes will allow incidents of Careless Driving where a driver causes injury to another person to be cited into Municipal Court and modifies ordinance language to improve enforceability.

Background:
Dangerous driving behavior is a serious issue in communities across Colorado, including Colorado Springs. Colorado Springs has long had a Careless Driving ordinance that CSPD officers cite for non-injury violations; however, state law recently changed regarding citing Careless Driving violations that result in non-fatal injury. CSPD wishes to cite allowable violations into Municipal Court, reserving County Court for those violations that cannot be charged municipally (e.g. - driving under the influence, etc.).

CSPD recommends approving an Ordinance Amending Section 202 (Definitions) of Part 2 (Definitions) of Article 1 (Administration and Enforcement) and Section 102 (Careless Driving) of Article 6 (Reckless Driving and Careless Driving) of Chapter 10 (Motor Vehicles and Traffic) of the Code of the City of Colorado Springs 2001, as amended; and an Ordinance Amending Section 104 (Right to Trial By Jury; Jail; Exceptions) of Part 1 (Trial by Jury) of Article 4 (Jury Provision) of Chapter 11 (Municipal Court) of the Code of the City of Colorado Springs 2001, as amended, pertaining to Careless Driving.

Because state law already prohibits careless driving that results in non-fatal injury, and because CSPD already cites these violations into County Court, there will be no warning period. CSPD will begin citing violators in a...

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