HomeMy WebLinkAboutOrdinance 2011-1477
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No. 04 Ordinance No. ;-::-:14:-;-7-;-7 _ Series of 2011 TITLE: AN ORDINANCE AMENDING SECTION 13-6(0) OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING PENALTY ASSESSMENT FINES FOR EXCESS VEHICLE WEIGHT VIOLATIONS WHEREAS, the City of Wheat Ridge (the "City"), acting through its City Council (the
"Council"), has authority to enact ordinances for the protection of public health, safety and welfare; and WHEREAS, exercising this authority, the Council has previously enacted Chapter
13 of the Wheat Ridge Code of Laws (the "Code") concerning the regulation of motor vehicles and traffic upon roadways within the City; and WHEREAS, Section 13-6(d) of said Chapter 13
sets forth a fine schedule that applies to penalty assessments issued for violating City laws concerning maximum wheel and axle loads and maximum gross vehicle weight; and WHEREAS, the
state of Colorado has established a similar fine schedule for violations of the same offenses under state law; and WHEREAS, the state has updated its fine schedule to generally increase
the amounts of penalty assessments and several other jurisdictions neighboring the City have updated their respective fine schedules to mirror the state's fine schedule; and WHEREAS,
the Council finds that it is desirable and in the City's best interest to impose penalties for vehicle weight violations that are uniform with those imposed by the state and neighboring
communities for the same offenses. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 13-6(d) of the Wheat Ridge Code of Laws,
concerning penalty assessments issued for violations of maximum vehicle weight restrictions, is hereby amended as follows: (d). Excess weight-Penalty assessment. Any person who pleads
guilty or is convicted of violating the weight limitations of either section 507 or section 508 of the Model Traffic Code, as amended, shall be subject to the penalties of subsection
(b) of this section and for each axle and/or gross weight violation an additional penalty assessment fine according to the following schedule:
Excess Weight Penalty Assessment in Pounds Fine Amount 1 to 999 S! 40.00 1,000 to 1,200 50.00 1,201 to 1,400 75.00 1,401 to 1,6QO 100.00 1,601 to 1 6QO 125.00 1,801 to 2 QOO 150.00 2,001
tQ 2 200 175.00 2 201 to 2,400 200.00 2,401 to 2,600 225.00 2,601 to 2,800 250.00 2,801 to 3,000 275.QO 3,001 to 3 2QO 300.00 3 201 to 3,400 325.00 3,401 to 3,600 350.00 3 601 to 3,800
375.00 3,801 to 4,000 400.00 4,001 to 4,200 425.00 4,201 to 4,400 450.00 4,401 to 4,600 475.00 4,601 to 4,800 500.00 4,801 to 5,000 525.00 5,001 to 5,200 550.00 5,201 to 5,400 575.00
5,401 to 5,600 600.00 5,601 to 5,800 625.00 5,801 to 6,000 650.00 6,001 to 6,200 675.00 6,201 to 6,400 700.00 6,401 to 6,600 725.00 6,601 to 6,800 750.00 6801 to 7,000 775.00 7 QQ1 to
7 200 800.00 7, 201 to 7,400 825.00 7401 to 7,600 850.00 7,601 to 7,800 675.QO
7 8Q1 to 8,000 eQo.oo 8 Q01 to 8,200 925.00 13,200 to 8,400 950.00 8,401 to 8,600 975.00 8,601 to 8,80Q 1,000.00 PORalty Exoess VVei!lht AssessmeRt iR ~O~RelS ~iRe Amo~Rt ~ to 3,QQQ
$ aQ.QQ 3,QQ~ to 4,2aQ %,00 4,2a~ to 4,aQQ w,oo 4 ,aQ~ to 4,7aQ 9&,00 4,7a~ to a,QQQ ~ ~Q.QQ a,QQ~ to a,2aQ ~2a.QQ a,2a~ to a,aQQ ~4Q.QQ a,§Q~ to a,7aQ ~aa.QQ a,7a~ to €l,QQQ ~7Q.QQ
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8,QQ~ to 8,2aQ 44a.QQ 8,2a~ to 8,aQQ 4Qa.QQ 8,aQ~ to 8,7aQ a4a.QQ 8,7a~ to Q,QQQ aQa.QQ Q,QQ~ to Q,2aQ €l4a.QQ
Q,::la~ ta Q,aQQ 7Qa.QQ Q,aQ~ ta Q,7aQ 7€la.QQ Q,7a~ ta ~ Q,QQQ 8::la.QQ ~Q,QQ~ ta 88a.QQ ~ Q,::laQ ~Q,::la~ ta Q::lQ.QQ ~ Q,aQQ ~ Q,aQ~ ta Qaa.QQ ~ Q,7aQ ~ Q,7a~ ta QQQ.QQ ~ ~ ,QQQ
~ ~ ,QQ~ aRe! aver QQQ.QQ Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City
of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection
of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3.
Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the
remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effectfifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first
reading by a vote of ~ to ..Q.. on this 14th day of February, 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and
consideration on final passage set for February 28, 2011, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0 , this 28th day of February, 2011. . 28th February SIGNED by the Mayor on this ___ day of ________
, 2011. Michael Snow, City Clerk First Publication: February 17, 2011 Second Publication: March 3, 2011 Wheat Ridge Transcript Effective Date: March 18, 2011 Gerald E. Dahl, City Attorney