1-13 General penalty | Aurora City Code

Sec. 1-13. General penalty.*

(a) Unless otherwise provided in an ordinance or in subsection (j) of this section and with the further exception of those penalties provided for traffic infractions as set out in subsection (f) of this section, whenever in any section of this Code or any section of a rule or regulation promulgated under this Code the doing of any act is required, prohibited or declared to be unlawful and no definite fine or penalty is provided for a violation thereof, any person who shall be convicted of or plead guilty or no contest to a violation of any such section shall, for each offense, be fined in a sum not more than $2,650 or imprisoned for up to 364 days, or both such fine and imprisonment. Each day an offense continues shall constitute a separate offense.

(b) The municipal court shall be empowered to permit a person upon conviction to participate in an electronic monitoring program for a period not to exceed 180 days and to pay the costs associated with the program. Electronic monitoring shall consist of the attachment of a device upon the person for the purpose of reporting to a central monitoring office whether the person is in the immediate vicinity of his or her required location. Failure to comply with the electronic monitoring program on the part of an individual shall constitute contempt of the municipal court. The municipal court shall also be empowered to order a person, upon conviction, to be placed upon probation and, as a condition of such probation, may permit the defendant to participate in an electronic monitoring program for a period not to exceed 180 days and to pay all costs associated with the program. Failure to comply with the electronic monitoring program on the part of the defendant shall constitute a violation of the terms and conditions of probation, and upon a showing of probable cause to believe that such a violation has occurred to the municipal court, a judge thereof may issue a warrant for the defendant's arrest, a summons to be served upon the defendant ordering him or her to appear in court on a date certain or may take whatever other action as allowed by ordinance or law regarding a breach of the terms and conditions of probation. In any hearing upon a failure to complete a sentence of electronic monitoring or on an allegation of a violation of the terms and conditions of probation brought under this section, the records or copies thereof of the monitoring organization shall be admissible in evidence and, if the contents thereof indicate one or more violation did occur, then such records shall constitute prima facie evidence that such violation occurred as alleged.

(d) The suspension or revocation of any license, permit or other privilege conferred by the city shall not be regarded as a penalty for the purposes of this Code.

(e) In addition to the provisions contained in section 50-299 of this Code relating to the incarceration of a child, the municipal court shall possess the authority to permit a child to participate in an electronic monitoring program either as a result of a direct sentence or as a condition of probation. Electronic monitoring may not exceed 180 days. The municipal court shall also possess the authority to order the child and/or parent to pay the costs of the electronic monitoring. Failure to comply with the electronic monitoring program on the part of the child shall constitute contempt of the municipal court or a violation of probation, as the case may be.

(f) Every person who admits guilt or liability or is otherwise found guilty or liable for any traffic infraction, as defined in division 2 of article II of chapter 134 of this Code, shall be punished by a fine not exceeding $2,650.00. A jail sentence shall not be available as a punishment for traffic infractions.

(g) No jail sentence shall be imposed upon a partner, corporate officer or other principal of a business entity, if the summons and complaint has been issued in the name of the business entity alone. Any fine imposed upon a business entity shall be reduced to a written judgment and sentence, which shall be collected by the City in the manner provided by law for civil judgments, and any money or other assets recovered shall be remitted to the municipal court, which shall remit the money or other assets to the general fund of the City.

(h) Upon conviction, a plea of guilty or a plea of no contest to any municipal code violation contained in article II of chapter 10; article II of chapter 58; articles II and III of chapter 94; divisions 1 through 3 of article IV of chapter 94; and divisions 1 and 3 of article V of chapter 94 of this Code, the court shall, upon motion, order forfeited to the police department for use in furtherance of the department's functions all monies used in the commission or furtherance of the offense that have been seized by the police department in connection with such offense. This subsection shall be in addition to any other penalty provided for in this Code and shall not preclude the exercise of any other right of forfeiture which may exist under state or federal law.

(i) Every person who pleads guilty or no contest to or is convicted of any violation of article II of chapter 10; article II of chapter 58; articles II, III and IV of chapter 94; divisions 1 through 3 of article V of chapter 94; and article VI of chapter 94 of this Code may be required, by order of the municipal court, to forfeit any weapon and ammunition when such weapon and ammunition was used, possessed or displayed during the course of the criminal episode which gave rise to the conviction, no contest plea or guilty plea or when such weapon and ammunition formed the basis of the complaint. Forfeiture may be an element of sentencing or a condition of probation or deferred judgment.

(1) Title to and ownership of such weapon shall be awarded to the police department upon the attachment of finality of judgment or as soon as possible thereafter. Upon the awarding of title and ownership of such weapon to the police department, the department is authorized to use such weapon for legitimate law enforcement purposes or dispose of it according to ordinance and applicable state law.

(2) Weapons and ammunition subject to forfeiture pursuant to this section shall include but are not limited to weapons and ammunition used, concealed, possessed, displayed or loaned in violation of sections 94-142 through 94-152 of this Code.

(j) As part of the fine or penalty as defined in subsection (a) of this section, every person who pleads guilty or no contest to or is convicted of the municipal code offenses in this section shall be sentenced by the municipal court in accordance therewith.

a. Mandatory minimum sentence. A mandatory minimum jail sentence of 60 days shall be imposed. The court shall not set aside or suspend this minimum sentence with the first three days to be served at the Aurora Detention Facility and the remaining days to be served at the applicable county jail in the county where the offense occurred.

b. Repeat offender. If evidence is presented that the defendant has previously been convicted for motor vehicle theft or a similar offense under the Aurora City Code, Colorado state law, or the laws of another state, a mandatory minimum jail sentence of 120 days shall be imposed. The court shall not set aside or suspend this minimum sentence with the first three days to be served at the Aurora Detention Facility and the remaining days to be served at the applicable county jail in the county where the offense occurred.

(2) Section 50-33, Failure to appear. A mandatory minimum jail sentence of 10 days shall be imposed. The court shall not set aside or suspend this minimum sentence with the first three days to be served at the Aurora Detention Facility and the remaining days to be served at the applicable county jail in the county where the offense occurred.

a. For those theft offenses involving “retail theft” with the amount of value taken being over $100.00, a mandatory minimum jail sentence of three days shall be imposed in addition to any other sentence imposed by the court. The court shall not set aside or suspend this minimum sentence.

1. For purposes of this section, “retail theft” is defined as theft under section 94-74 of any goods or merchandise offered for sale by a business licensed under section 86-87.

1. If evidence is presented that the defendant has previously been once convicted of retail theft or a similar offense under the Aurora City Code, Colorado state law, or the laws of another state, a mandatory minimum jail sentence of 90 days shall be imposed. The court shall not set aside or suspend this minimum sentence.

2. If evidence is presented that the defendant has previously been at least twice convicted of retail theft or a similar offense under the Aurora City Code, Colorado state law, or the laws of another state, a mandatory minimum jail sentence of 180 days shall be imposed. The court shall not set aside or suspend this minimum sentence.

c. For those theft offenses involving “defrauding a public establishment” pursuant to section 94-74(d) where the total amount due under the agreement is $15.00 or more, a mandatory minimum jail sentence of three days shall be imposed in addition to any other sentence imposed by the court. The court shall not set aside or suspend this minimum sentence. (Code 1979, § 1-14; Ord. No. 2024-05, § 1, 3-11-2024; Ord. No. 2024-04, § 1, 3-11-2024; Ord. No. 2022-47, § 1, 9-26-2022; Ord. No. 2022-37, §§ 1, 2, 7-11-2022; Ord. No. 2013-28, § 1, 8-26-2013; Ord. No. 95-53, exhibit A (§ 1-14), 9-11-1995)