11.01.030 Penalties.
A. Unless otherwise specified, any person violating any of the provisions of any ordinance of the Town of Parachute shall be deemed guilty of a municipal offense. All such offenses are divided into three (3) categories of municipal offenses. The three (3) classifications, and maximum penalties which may be imposed for each classification, are as follows:
|
CLASS |
MAXIMUM FINE |
MAXIMUM IMPRISONMENT |
|---|---|---|
|
A |
$2,650.00 |
One (1) year |
|
B |
$2,650.00 |
Less than three (3) violations of same title or equivalent: None Three (3) or more violations of same Title or equivalent: One (1) year |
|
Noncriminal |
$1,000.00 |
None |
If any particular offense carries a specific penalty, then that penalty shall apply. Any offense not otherwise classified which does not carry a specific penalty is hereby denominated as a noncriminal municipal offense. Upon conviction of any violation contained in this title, a person shall be punished by a fine not to exceed the amount set forth above, by incarceration not to exceed the amount set forth above, if any, or by both such fine and incarceration, if applicable.
B. A separate and distinct offense shall be deemed to have been committed for each day on which any violation of this title shall continue.
C. For the purposes of this title, a “juvenile offender” is defined as any person accused of an offense under this title who, on the date of the alleged offense, was at least ten (10) years of age, but had not yet attained the age of eighteen (18) years.
D. Any juvenile offender convicted of a violation of this title shall be punished by a fine not to exceed the amounts set forth in subsection (A) of this section, unless otherwise specified for a particular offense. Notwithstanding any provision of this title to the contrary, a juvenile offender shall not be subject to imprisonment except as herein provided.
E. Notwithstanding any provision of law to the contrary, the Parachute Municipal Court shall have the authority to order a juvenile offender confined in a juvenile detention facility operated or contracted by the Colorado Department of Institutions or a temporary holding facility operated by or under contract with a municipal government for failure to comply with a lawful order of the Court, including an order to pay a fine imposed under this title. Any confinement of a juvenile offender for contempt of Municipal Court shall not exceed forty-eight (48) hours.
F. Notwithstanding any provision of law to the contrary, a juvenile offender arrested for an alleged violation of this title, convicted of violating a provision under this title or probation conditions imposed by the Municipal Court for a violation under this title, or found in contempt of court in connection with a violation or alleged violation of this title shall not be confined in a jail, lock-up, or other place used for the confinement of adult offenders, but may be held in a juvenile detention facility operated by or under contract with the Colorado Department of Institutions or a temporary holding facility operated by or under contract with a municipal government which shall receive and provide care for such child. The Municipal Court, in imposing penalties for violation of probation conditions imposed or for contempt of Court in connection with a violation or alleged violation of this title may confine a juvenile offender for up to forty-eight (48) hours in a juvenile detention facility operated by or under contract with the Colorado Department of Institutions. (Ord. 472 §2, 2003; Amended Ord. 565 §1, 2007; Amended Ord. 713 §2, 2017)