Loveland council approves first reading of ordinance updating municipal penalty limits

The Loveland City Council voted unanimously Tuesday to approve the first reading of Ordinance 6842, updating the city’s penalty code to match a recent Colorado Supreme Court ruling. The measure amends Section 1.12.010 of the Loveland Municipal Code so the city cannot impose fines or sentences higher than state law allows when a municipal offense has identical elements to a state charge. The vote was 10-0.

City Attorney Vince Douglas told council the change is needed because of the Colorado Supreme Court’s decision in People v. Camp in re Simmons, issued in December. He said the ruling bars municipalities from imposing penalties beyond what the state provides for the same offense when the elements are identical. Douglas said examples include trespassing, theft, disorderly conduct, reckless driving and careless driving.

Douglas said the city has already been following the ruling in municipal court while the code update was pending. He said Loveland’s existing code provision predates the Camp decision, and the ordinance is intended to bring the written code into compliance with current law.

He also noted that some city offenses do not have an identical state counterpart and would remain subject to the municipal code’s existing maximum penalties. Douglas said unlawful camping is one example. In those cases, he said, the current municipal maximum of 364 days in jail and a $2,650 fine would still govern, though he added that seeking the full maximum is rare.

Mayor Patrick McFall opened public comment on the ordinance, but no one spoke before the council voted. The item was listed on Tuesday’s agenda as Item 7.2.