Agenda Date: 01/06/2026
Subject:
Title
Ordinance 02-2026: An emergency ordinance repealing and reenacting Title 1 Administrative, Chapter 4 General Penalty of the Littleton City Code regarding maximum sentencing provisions for city ordinance violations
Body
From:
James L. Becklenberg, City Manager
Prepared by:
Reid Betzing, City Attorney
Presentations:
Reid Betzing, City Attorney
PURPOSE:
The purpose of this ordinance is to ensure that our current City Code aligns with state law pursuant to a recent finding by the Colorado Supreme Court.
LONG-TERM OUTCOME(S) SERVED:
High-Quality Governance
BACKGROUND AND DISCUSSION:
Since 1902, Section 6 of Article XX of the Colorado Constitution has given authority to home-rule municipalities over the creation of their municipal courts as well as the imposition of penalties for ordinance violations. Additionally, home-rule municipalities have long been afforded the ability to legislate and enforce in areas that are of local concern.
When matters are of purely local concern, home-rule municipalities govern over state law. When matters are of statewide concern, state law governs over home-rule municipalities. When matters are of a mix of both local and statewide concern, then home-rule municipalities may still legislate in that area so long as it does not conflict with state law. If it does conflict with state law, then state law controls.
C.R.S. ? 13-10-113 sets the maximum penalty that a Municipal Court can sentence an individual to up to 364 days in jail and/or a fine of up to $2,650. In accordance, Littleton City Code 1-4-1, General Penalty also adopts this state law as the maximum sentence that can be imposed for City Ordinance violations.
On December 22, 2025, the Colorado Supreme Court released a decision in In re People v. Camp and In re People v. Simons that changes the maximum penalty that Municipal Courts can sentence individuals to for violations of criminal ordinances in which there is a correspondin...
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