City of Fruita Municipal Code

Revised 09/01/2010 1-14 General Provisions
Sections:
1.28.010 Municipal judge powers
1.28.020 Penalty designated
1.28.030 Injunctions
Chapter 1.28
GENERAL PENALTY
1.28.010 MUNICIPAL JUDGE POWERS. In sentencing or fining a violator, the municipal
judge shall not exceed the sentence or fine limitations established by ordinance. 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. The Municipal Judge shall be empowered in his discretion to assess costs
against any defendant. Said costs shall be established by resolution of the Fruita City Council
and may be amended from time to time. (Ord. 246, S11, 1969; Ord. 1986-13, S4; Ord. 1994-1,
S1; Ord. 2010-05, S3)
1.28.020 PENALTIES FOR MUNICIPAL VIOLATIONS DESIGNATED.
A. Unless otherwise specifically provided, any person violating any of the provisions of this
Code by performing an act prohibited or declared to be unlawful by this Code or failing
to comply with or perform an act required by the mandatory requirements of this Code, or
valid orders issued pursuant thereto, 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, for each classification are as follows:
CLASS MAXIMUM FINE MAXIMUM IMPRISONMENT
A $1,000.00 1 Year
B $1,000.00 6 Months
Non-criminal $1,000.00 None
If any 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
Class B municipal offense.
B. For the purposes of this Section, a “minor offender” shall be defined as any person
accused of an offense contrary to this Code who, on the date of the alleged offense, was
at least 10 years of age, but had not yet attained the age of 18 years. Except as to alleged
violations of the Model Traffic Code, as adopted by reference by the City of Fruita, any
minor offender convicted of a violation of this Code, or any rule or regulation
promulgated thereunder, shall be punished by a fine only as set forth above.
Notwithstanding any provision in this Code to the contrary, a minor offender shall not be
subject to imprisonment, except as herein provided. As to minor offenders alleged to
have violated any provision of the Model Traffic Code, as adopted by reference by the