§ 13-10-113 — Fines and penalties

(1) (a) Except as provided in subsection (1)(b)
of this section, any person convicted of violating a municipal ordinance in a
municipal court of record may be incarcerated for a period not to exceed three
hundred sixty-four days or fined an amount not to exceed two thousand six hundred
fifty dollars, or both.

(b) (I) The limitation on municipal court fines set forth in paragraph (a) of this
subsection (1) shall be adjusted for inflation on January 1, 2014, and on January 1 of
each year thereafter.

(II) As used in this paragraph (b), inflation means the annual percentage
change in the United States department of labor, bureau of labor statistics,
consumer price index for Denver-Boulder, all items, all urban consumers, or its
successor index.

(1.5) Any person convicted of violating a municipal ordinance in a municipal
court which is not of record may be incarcerated for a period not to exceed ninety
days or fined an amount not to exceed three hundred dollars, or both.

(2) In sentencing or fining a violator, the municipal judge shall not exceed the
sentence or fine limitations established by ordinance. Any other provision of the law
to the contrary notwithstanding, the municipal judge may suspend the sentence or
fine of any violator and place him on probation for a period not to exceed one year.

(3) The municipal judge is empowered in his discretion to assess costs, as
established by the municipal governing body by ordinance, against any defendant
who pleads guilty or nolo contendere or who enters into a plea agreement or who,
after trial, is found guilty of an ordinance violation.

(4) Notwithstanding any provision of law to the contrary, a municipal court
has the authority to order a child under eighteen years of age confined in a juvenile
detention facility operated or contracted by the department of human services 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. Any confinement of a child for contempt of municipal court shall not
exceed forty-eight hours.

(5) Notwithstanding any other provision of law, a juvenile, as defined in
section 19-2.5-102, arrested for an alleged violation of a municipal ordinance,
convicted of violating a municipal ordinance or probation conditions imposed by a
municipal court, or found in contempt of court in connection with a violation or
alleged violation of a municipal ordinance must not be confined in a jail, lockup, 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 department of
human services or a temporary holding facility operated by or under contract with a
municipal government that shall receive and provide care for the juvenile. A
municipal court imposing penalties for violation of probation conditions imposed by
such court or for contempt of court in connection with a violation or alleged
violation of a municipal ordinance may confine a juvenile pursuant to section 19-2.5-305 for up to forty-eight hours in a juvenile detention facility operated by or under
contract with the department of human services. In imposing any jail sentence upon
a juvenile for violating any municipal ordinance when the municipal court has
jurisdiction over the juvenile pursuant to section 19-2.5-103 (1)(a)(II), a municipal
court does not have the authority to order a juvenile under eighteen years of age to
a juvenile detention facility operated or contracted by the department of human
services.

(6) Whenever the judge in a municipal court of record imposes a fine for a
nonviolent municipal ordinance or code offense, if the person who committed the
offense is unable to pay the fine at the time of the court hearing or if he or she fails
to pay any fine imposed for the commission of such offense, in order to guarantee
the payment of such fine, the municipal judge may compel collection of the fine in
the manner provided in section 18-1.3-506, C.R.S. For purposes of this subsection
(6), nonviolent municipal ordinance or code offense means a municipal ordinance
or code offense which does not involve the use or threat of physical force on or to a
person in the commission of the offense.

(7) Notwithstanding subsections (1) and (1.5) of this section, the municipal
judge of each municipality which implements an industrial wastewater
pretreatment program pursuant to the federal act, as defined in section 25-8-103
(8), C.R.S., may provide such relief and impose such penalties as are required by
such federal act and its implementing regulations for such programs.

(8) If, as a condition of or in connection with any sentence imposed pursuant
to this section, a municipal court judge requires a juvenile who is younger than
eighteen years of age to attend school, the municipal court shall notify the school
district in which the juvenile is enrolled of such requirement.

Legislative History

Source: L. 69: p. 275, � 1. C.R.S. 1963: � 37-22-11. L. 81: (4) added, p. 882, � 2, effective April 30; (5) added, p. 1041, � 2, effective July 1. L. 87: (2) and (3) amended, p. 546, � 1, effective April 23; (4) and (5) amended, p. 814, � 11, effective October 1. L. 89: (6) added, p. 887, � 3, effective April 6. L. 90: (4) and (5) amended, p. 1016, � 1, effective April 20; (7) added, p. 1345, � 6, effective July 1. L. 91: (1) and (3) amended and (1.5) added, p. 743, � 4, effective April 4. L. 92: (7) amended, p. 2183, � 59, effective June 2. L. 94: (4) and (5) amended, pp. 2641, 2615, �� 90, 23, effective July 1; (5) amended, p. 1462, � 1, effective July 1. L. 96: (5) amended, p. 1679, � 2, effective January 1, 1997. L. 2000: (8) added, p. 320, � 8, effective April 7. L. 2002: (6) amended, p. 1487, � 121, effective October 1. L. 2013: (1) amended, (HB 13-1060), ch. 121, p. 411, � 1, effective April 18. L. 2019: (1)(a) amended, (HB 19-1148), ch. 59, p. 201, � 1, effective August 2. L. 2021: (5) amended, (SB 21-059), ch. 136, p. 710, � 11, effective October 1.