Esta ley enmienda la Ley de Municipios Autónomos para autorizar a los municipios a aumentar las multas penales y administrativas por violaciones a ordenanzas, resoluciones y reglamentos municipales. Establece límites máximos para las multas y el procedimiento para su imposición, incluyendo la evaluación de la proporcionalidad y la garantía del debido proceso. También actualiza referencias a la Ley de la Judicatura y la Ley de Vehículos y Tránsito.
(Approved January 4, 2003)
To amend Section 2.003 of Act No. 81 of August 30, 1991, as amended, known as the "Autonomous Municipalities Act of the Commonwealth of Puerto Rico of 1991" to authorize municipalities to increase municipal fines, as well as to update the text to reflect the Reorganization Plan No. 1 of July 28, 1994, as amended, known as the "Judiciary Act of 1994" and Act No. 22 of January 7, 2000, as amended, known as "Vehicle and Traffic Act".
Act No. 81 of August 30, 1991, known as the "Autonomous Municipalities Act of the Commonwealth of Puerto Rico of 1991, was approved by the Legislative Assembly for the purpose of granting the Island's municipalities the legal, tax and administrative mechanisms and powers necessary to assume a central and fundamental role in their social, economic and urban development. The approval of Act No. 81, supra, granted municipalities powers essential for the functioning of an effective and autonomous democratic government, allowing them to serve the community as they should.
In accordance with Act No. 81, supra, the municipalities have the power to extend their sphere of action into areas that were banned or limited by the central government.
Specifically, Section 2.003 allows them to approve and to implement ordinances imposing penal and administrative fines.
Although this Section contains a limit as to the amount to be imposed in fines, it is necessary that the same be updated. On this occasion, the Legislative Assembly deems it necessary to authorize municipalities to increase the fines to keep them in harmony with our present reality. However, the same must be proportional to the seriousness of the offense committed, to prevent exaggerated punishments.
Section 1.- Section 2.003 of Act No. 81 of August 30, 1991, as amended, is amended to read as follows:
(a) Municipal Penal Legislation.
The municipality shall have the power to approve and enforce ordinances having penalties for violations thereof, by fines of not more than one thousand dollars ($1000) or imprisonment up to a maximum of six (6) months, at the Court's discretion. Any penal sanction shall take into account the general principles of the penalties established in Act No. 115 of July 22, 1974, as amended, known as the " Puerto Rico Penal Code".
Each municipality, shall evaluate the proportionality between the seriousness of the offense and the fine to be imposed, when imposing a fine in an ordinance.
The Court of First Instance shall have jurisdiction to hear and resolve any violation of municipal penal ordinances. Notwithstanding what has been provided above, infractions of municipal ordinances which regulate the flow, parking and traffic of motor vehicles shall be penalized pursuant to the administrative fine procedure established in Act No. 22 of January 7, 2000, as amended, known as the "Vehicle and Traffic Law of Puerto Rico".
It is determined, however, that with regard to municipal ordinances related to parking violations in areas covered by parking meters, such violations can be sanctioned according to what the municipal ordinance establishes. Puerto Rican municipalities are authorized to issue regulations establishing the system for compliance with parking in areas covered by parking meters, as well as to designate the public or private entities who will function as agents, enforcing the ordinances by issuing administrative violation tickets. The regulations shall establish the procedure for requesting the review of administrative violations imposed according to the ordinances pertaining to parking lots subject to parking meters. The Regulation shall comply with the norms contained in Act No. 170 of August 12, 1998, as amended, known as the "Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico".
Ordinances that impose penal sanctions shall take effect ten (10) days after being published in one (1) or more newspapers of general circulation and regional circulation, provided that the municipality is within the region served by said newspaper. The publication shall include the following information: (1) Ordinance number and series to which it corresponds. (2) Date of approval by the Mayor. (3) Effective date. (4) Title, or a brief statement of its contents and purpose; and (5) Notice that any interested person may obtain a certified copy of the complete text of the ordinance in the Office of the Secretary of the Municipal Assembly after paying the corresponding fee.
(b) Legislation with administrative fines.-
In the exercise of its powers to regulate, investigate, issue decisions, certificates, permits, endorsements, and concessions, the municipality may impose and collect administrative fines up to a maximum of five thousand $(5,000)$ dollars for infractions of its generally-applicable ordinances, resolutions and regulations, as established by law or ordinance. Each municipality, shall evaluate the proportionality between the seriousness of the offense and the fine to be imposed, when imposing a fine in an ordinance, resolution or regulation.
The municipality shall adopt a uniform procedure for the imposition of administrative fines, by ordinance, which shall contain due process of law guarantees, similar to those established in Act No. 170 of August 12, 1988, as amended, known as the "Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico".
The Court of First Instance shall hear every petition for judicial review of any person affected adversely by a municipal order or resolution that imposes an administrative fine.
Section 2.- This Act shall enter into force immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 60 (H.B. 2046 and 2049) ( Substitute) of the $4^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 2.003 of Act No. 81 of August 30, 1991, as amended, known as the "Autonomous Municipalities Act of the Commonwealth of Puerto Rico of 1991" to authorize municipalities to increase municipal fines, as well as to update the text to reflect the Reorganization Plan No. 1 of July 28, 1994, as amended, known as the "Judiciary Act of 1994" and Act No. 22 of January 7, 2000, as amended, known as "Vehicle and Traffic Act", has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $18^{ ext {st }}$ of February of 2004.
Elba Rosa Rodríguez-Fuentes Director