Denver Municipal Code Chapter 38 Article VI

ARTICLE VI. – OFFENSES RELATING TO RAILROADS AND BUS SYSTEMS permanent link to this piece of content[180]

Sec. 38-191. – Stepping on or off moving vehicles.

Sec. 38-192. – Placing obstructions or explosives on railroad tracks.

Sec. 38-193. – Interfering with railroad tracks.

Sec. 38-194. – Interfering with railroad or bus system equipment.

Sec. 38-195. – Regulation governing proof of fare payment.

Sec. 38-196. – Penalty assessment notice.

Sec. 38-197. – Payment of penalty assessment.

Sec. 38-198. – Appearance in county court.

Sec. 38-199. – Refusal to accept penalty assessment notice.

Sec. 38-200. – Court procedure.

Sec. 38-201. – Post-judgment procedures.

Sec. 38-202. – Annual reports.

Sec. 38-203. – Reserved.

 

Sec. 38-191. – Stepping on or off moving vehicles.

It shall be unlawful for any person, except an authorized employee of a railroad acting in the performance of their duties, to step on or off any moving railroad car, railroad engine or private or public bus.

(Code 1950, §§ 812.2, 853.1)

Sec. 38-192. – Placing obstructions or explosives on railroad tracks.

It shall be unlawful for any person, except an authorized employee of a railroad acting in the performance of their duties, to place any obstruction, or any cap, torpedo or other explosive device on any railroad track.

(Code 1950, § 853.2)

Sec. 38-193. – Interfering with railroad tracks.

It shall be unlawful for any person, except an authorized employee of a railroad acting in the performance of their duties, to interfere with the tracks, rails, switches or turnouts of any railroad; or for any person to “soap” or grease the same.

(Code 1950, § 853.3)

Sec. 38-194. – Interfering with railroad or bus system equipment.

It shall be unlawful for any person, except an authorized employee of a railroad or public or private bus system acting in the performance of their duties, to interfere in any manner whatsoever with any public or private equipment, including equipment used in the transmission of electricity, or with any signals, of any public or private railroad or bus system; or to deface or destroy any pole or other apparatus connected therewith.

(Code 1950, § 853.4)

Sec. 38-195. – Regulation governing proof of fare payment.

(a)

Definitions. As used in this article, unless the context requires otherwise:

(1)

Self-service fare means the procuring of a boarding ticket from a vending machine or other source.

(2)

Fare inspector means a person sworn as a special police officer under section A9.7 of the Charter of the City and County of Denver for the purpose of enforcing this section.

(3)

Proof of fare payment means any of the following:

a.

An RTD pass, coupon or transfer valid for the time and day of use; or

b.

A receipt showing payment of the applicable fare, used within the time and day applicable to the receipt; or

c.

A prepaid ticket or series of tickets, showing cancellation by RTD time stamp, used within the time and day applicable to the ticket.

(4)

RTD means the Regional Transportation District.

(b)

Prohibitions. It shall be a noncriminal infraction for any person:

(1)

To occupy, ride in or use an RTD light rail vehicle without paying the applicable fare;

(2)

To occupy, ride in or use any RTD light rail vehicle without carrying proof of fare payment;

(3)

Who is occupying an RTD light rail vehicle to fail to exhibit proof of fare payment upon demand of a fare inspector or police officer; or

(4)

Who is occupying an RTD light rail vehicle to provide a false name, address or identification to a fare inspector or police officer.

(c)

Identification. A fare inspector or police officer may require a person failing to exhibit proof of payment to give his or her name and address and to exhibit identification if available.

(d)

Construction. Nothing herein is intended to compromise or waive the right to enforce concurrently, or in the alternative, other remedies available pursuant to the law, including those applicable to the crime of theft of service or trespass.

(e)

Penalty.

(1)

Upon a finding or admission of guilt or liability, either upon personal appearance, by mail, or by default, a violator shall be punished according to a penalty schedule established by the presiding judge of Denver County Court not to exceed three hundred dollars ($300.00), plus costs as set by law.

(2)

At the time a person is charged with the commission of the infraction, pursuant to subsection (b) above, the officer shall issue the defendant a penalty assessment notice, which shall contain all of the information required by section 38-196

(3)

The general violations bureau may grant a discount of not more than twenty (20) percent of the scheduled penalty to any defendant who pays such penalty and who takes advantage of such discount at the time of payment, not more than twenty (20) days after the date of issuance and service of the penalty assessment notice upon such defendant. Payment in person on or before the twentieth day after service of the penalty assessment notice or mailed payment postmarked on or before the twentieth day after such service shall constitute payment for the purposes of this section only.

(4)

In addition to the penalty set forth in this section, there shall be added such costs and surcharge as are set forth in sections 14-40 and 20-103 of this Code.

(Ord. No. 818-94, § 1, 10-17-94)

Sec. 38-196. – Penalty assessment notice.

(a)

A penalty assessment notice shall be signed and served on the defendant by a police officer, or fare inspector, and shall contain the name, address, date of birth and physical description of the defendant; the type and number of any identification documents shown by the defendant; a citation of the Code section alleged to have been violated; a brief description of the infraction; the date and approximate location thereof; the amount of the penalty and the surcharge prescribed; and the date the penalty assessment notice is served on the defendant. The notice shall direct the defendant to appear in the county court at a specified date, time and place in the event the prescribed penalty and surcharge is not paid and shall contain a place for the defendant to elect to execute a signed acknowledgement of liability and an agreement to pay the penalty and surcharge on or before the appearance date. The notice shall also contain any additional information which may be required by law to convert the penalty assessment notice into a summons and complaint, should the penalty and surcharge not be paid within the time allowed.

(b)

The time specified in the penalty assessment notice for an appearance if the defendant fails to pay the penalty and surcharge shall be at least thirty (30) days but not more than ninety (90) days after the date the penalty assessment notice is issued.

(c)

One (1) copy of the penalty assessment notice shall be served upon the defendant by the officer or inspector, and the remaining copies shall be filed with the clerk of the county court.

(Ord. No. 818-94, § 1, 10-17-94)

Sec. 38-197. – Payment of penalty assessment.

The fine or penalty specified in the penalty assessment notice may be paid at the office of the clerk of the county court in person on or before the appearance date or by postmarking such payment not less than ten (10) days before the appearance date. Acceptance of a penalty assessment notice and payment of the prescribed fine or penalty and surcharge to the clerk of the county court shall be deemed a complete satisfaction for the violation, and the defendant shall be given a receipt which so states when the fine or penalty is paid. Checks tendered by the defendant to and accepted by the clerk of the court and on which payment is received by the clerk shall be deemed sufficient receipt.

(Ord. No. 818-94, § 1, 10-17-94)

Sec. 38-198. – Appearance in county court.

(a)

If the defendant fails to pay the penalty and surcharge on a penalty assessment notice on or before the appearance date, then the defendant shall appear at a hearing on the date and time specified in the notice under subsection 38-196(b), and answer the complaint against the defendant. If the defendant answers admitting liability or fails to appear for the hearing, judgment shall be entered against the defendant.

(b)

If the defendant denies the allegations in the notice or complaint, a final hearing shall be held subject to the provisions of Rule 248(b), Colorado Rules of Municipal Court Procedure, regarding a speedy trial. If the defendant is found guilty or liable or fails to appear at such final hearing, judgment shall be entered against the defendant.

(c)

If judgment is entered against a defendant, the defendant shall be assessed an appropriate penalty, plus court costs and surcharge as set forth in sections 14-40 and 20-103 and any other applicable costs.

(Ord. No. 818-94, § 1, 10-17-94)

Sec. 38-199. – Refusal to accept penalty assessment notice.

If the defendant refuses to accept a penalty assessment notice for a noncriminal infraction, the tender of the notice by an officer or inspector to the defendant shall constitute service thereof upon the defendant.

(Ord. No. 818-94, § 1, 10-17-94)

Sec. 38-200. – Court procedure.

(a)

Hearings in the county court on adjudications of noncriminal infractions shall be heard before a county court magistrate appointed pursuant to article V of chapter 14 of this Code or before a county court judge acting as a magistrate. Whenever a criminal violation is charged in the same summons and complaint, the entire case shall be treated as if all charges were criminal charges, and the procedures governing criminal matters shall be followed.

(b)

The burden of proof shall be upon the city to prove the liability of the defendant beyond a reasonable doubt. The city attorney or the city attorney’s designee may appear in noncriminal infraction cases for the purpose of attempting a negotiated plea but shall not be required to do so by any person, court or law; nor shall the city attorney represent the city at hearings conducted by a magistrate or a county judge acting as a magistrate in noncriminal infraction matters. The magistrate or county judge acting as a magistrate shall be permitted to call and question any witness and shall act as the fact finder at hearings on infraction matters.

(c)

When a noncriminal infraction is joined with a criminal violation as set forth in subsection (a) hereof, and that criminal violation is dismissed at any time as allowed or required by law leaving only a noncriminal infraction then pending before the court, the procedures for handling such noncriminal infraction shall be as provided in this chapter and no additional or new form of summons and complaint or penalty assessment notice need be issued, nor shall a new or additional twenty-day period begin for the payment thereof.

(Ord. No. 818-94, § 1, 10-17-94)

Sec. 38-201. – Post-judgment procedures.

(a)

Appeal from a final judgment on a noncriminal infraction matter shall be taken to the district court as provided by law.

(b)

The validity of a judgment entered under this division shall not be collaterally attacked unless such attack is commenced within six (6) months after the date of entry of the judgment; provided, however, that this time limitation shall not apply to:

(1)

A case in which the court entering judgment did not have jurisdiction over the subject matter of the alleged infraction;

(2)

A case in which the court entering judgment did not have jurisdiction over the person of the defendant;

(3)

A case in which the court hearing the collateral attack finds by a preponderance of the evidence that the failure to seek relief within the applicable time limit was caused by an adjudication of incompetence or by commitment of the defendant to an institution for treatment as a mentally ill person;

(4)

A case in which the court hearing the collateral attack finds by a preponderance of the evidence that the failure to seek relief within the applicable time period was the result of circumstances amounting to justifiable excuse or excusable neglect.

(Ord. No. 818-94, § 1, 10-17-94)

Sec. 38-202. – Annual reports.

The manager of safety shall report to the council on the costs and operation of sections 38-195 through 38-202 on June 1, 1997; and annually thereafter on each succeeding June 1. The report shall include data and information needed by members of council to assess the effectiveness and impact of sections 38-195 through 38-202, including: (1) performance indicators for the prior twelve (12) months and comparative data for the prior three (3) years, if available; (2) cost data for the prior twelve (12) months and comparative data for the prior three (3) years, if available; (3) a discussion of any operational problems and the remedies undertaken or to be undertaken to address them; and (4) a discussion of any problems encountered with using fare inspectors to enforce collection of fares.

(Ord. No. 818-94, § 1, 10-17-94; Ord. No. 78-97, § 1(a), 2-3-97)

Sec. 38-203. – Reserved.

Editor’s note—

Ord. No. 78-97, § 1(b), adopted Feb. 3, 1997, repealed § 38-203, which pertained to sunset provision relative to §§ 38-195—38-203 and derived from Ord. No. 818-94, § 1, adopted Oct. 17, 1994.



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