THE VILLAGE OF TAOS SKI VALLEY

ORDINANCE 04-28

AN ORDINANCE ESTABLISHING A MAXIMUM PENALTY FOR VIOLATIONS OF ANY MUNICIPAL ORDINANCE UNLESS A DIFFERENT MAXIMUM PENALTY HAS BEEN ESTABLISHED FOR A PARTICULAR OFFENSE; IMPOSING A MANDATORY CORRECTIONS FEE UPON CONVICTION OF VIOLATING CERTAIN MUNICIPAL ORDINANCES; IMPOSING A MANDATORY JUDICIAL EDUCATION FEE UPON CONVICTION OF VIOLATING CERTAIN MUNICIPAL ORDINANCES; IMPOSING A MANDATORY COURT AUTOMATION FEE UPON CONVICTION OF VIOLATING CERTAIN MUNICIPAL ORDINANCES.

BE IT ORDAINED BY THE GOVERNING BODY OF THE VILLAGE OF TAOS SKI VALLEY (HEREINAFTER “THE VILLAGE”):

SECTION 1. MAXIMUM PENALTY.

Unless a lesser maximum penalty or a specific penalty is established by ordinance for a particular offense, the maximum penalty for violation of any municipal ordinance shall be as follows:

A. except for those violations of ordinance described in Paragraphs B and C of this section, a fine of not more than five hundred dollars ($500) or imprisonment for not more than ninety (90) days or both;

B. for violations of an ordinance prohibiting driving a motor vehicle while under the influence of intoxicating liquor or drugs, a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than three hundred and sixty four (364) days or both; and

C. for violations of an industrial user wastewater pre-treatment ordinance as required by the United States Environmental Protection Agency, a fine of not more than nine hundred ninety-nine dollars ($999.00) a day for each violation.

SECTION 2. MANDATORY FEES COLLECTED UPON CONVICTION.

In addition to any fine or imprisonment described in Section 1 of this ordinance, there is imposed upon any person convicted of violating any municipal ordinance the penalty for which carries a potential jail term or any ordinance relating to the operation of a motor vehicle the following mandatory fees:

A. a corrections fee of twenty dollars($20.00);

B. a judicial education fee of two dollars($2.00); and

C. a court automation fee of six dollars($6.00).

As used in this ordinance, “convicted” means the defendant has been found guilty of a criminal charge by the municipal judge, either after trial, a plea of guilty or a plea of nolo contendere, or has elected to pay a penalty assessment in lieu of trial.

SECTION 3. DISPOSITION AND USE OF FEES COLLECTED.

A. All corrections fees collected shall be deposited in a special corrections fund in the municipal treasury and shall be used only for:

(1) municipal jailer training;

(2) construction planning, construction, operation and maintenance of the municipal jail;

(3) paying the costs of housing the municipality’s prisoners in a county jail or detention facility or housing juveniles in a detention facility;

(4) complying with federal match or contribution requirements relating to jails or juvenile detention facilities;

(5) providing in-patient treatment or other substance abuse programs in conjunction with or as an alternative to jail sentencing;

(6) defraying the cost of transporting prisoners to jail or juvenile detention facilities; or

(7) providing electronic monitoring systems.

B. A municipality may credit the interest collected from fees deposited in the special corrections fund to the municipality’s general fund.

B C. All judicial education fees collected shall be remitted monthly to the state treasurer for credit to the judicial education fund and shall be used for the education and training, including production of bench books and other written materials, of municipal judges and other municipal court personnel.

C. D. All court automation fees collected shall be remitted monthly to the state treasurer for credit to the municipal court automation fund and shall be used for the purchase and maintenance of court automation systems in the municipal courts. The court automation system shall have the capability of providing, on a timely basis, electronic records in a format specified by the judicial information system council.

SECTION 4. SEVERABILITY.

Should any section, paragraph, clause or provision of this ordinance, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this ordinance.

SECTION 5. REPEALER.

All ordinances or resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance or resolution, or part thereof, heretofore repealed.

PASSED, APPROVED AND ADOPTED as Ordinance No. 04-28 this _5th day of ___August, 2003__.

Vote: For _____ Against _____

________________________________

Neal King, Mayor

ATTEST:

_________________________

Village Clerk