HomeMy WebLinkAboutOrdinance 1797 - Amend WR Code of Laws for Electronic SignaturesCITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 12
ORDINANCE NO. 1797 Series 2024 TITLE: AN ORDINANCE AMENDING CHAPTERS 1 AND 13 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE ACCEPTANCE OF
ELECTRONIC SIGNATURES
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-201(1)(h), the City is empowered to authorize the use of electronic signatures; and
WHEREAS, the Wheat Ridge Police Department plans to issue electronic summonses to ensure more efficient enforcement procedures; and
WHEREAS, the City Council desires to amend the Wheat Ridge Code of Laws to grant the ability to issue same.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Section 1-2 of the Wheat Ridge Code of Laws, concerning definitions and rules of construction, is amended by the revision of one existing definition to read as follows:
Sec. 1-2.- Definitions and rules of construction. In the construction of this Code and of all ordinances and regulations of the city, the following definitions and rules of construction shall be observed, unless it shall be otherwise expressly provided in any section,
ordinance or regulation, or unless inconsistent with the manifest intent of
the city council, or unless the context clearly requires otherwise:
Signature. Where the written signature of any person is required, the proper handwriting of such person or,THEIR his mark, OR ELECTRONIC
SIGNATURE shall be intended... Section 2. Section 1-6 of the Wheat Ridge Code of Laws, concerning the issuance of summons and complaints, is amended to read as follows:
Sec. 1-6.- Issuance of summons or complaint to violators; continuing violations.
Any person who is alleged to have violated any provision of this Code or other ordinances of the city shall be issued a summons and complaint, either in electronic or physical form, charging the nature of the
violation and shall be ordered to appear before the municipal court at a stated date, time, and place, or in the office of the court clerk of the municipal court at a stated date and time or within a stated period of time after service of such summons and complaint. THE MUNICIPAL COURT SHALL ACCEPT ALL SUMMONSES AUTHORIZED BY EITHER A
WRITTEN SIGNATURE OR THE PERSONS’ MARK, OR ELECTRONIC SIGNATURE. Each day that a violation of this Code or any other ordinance of the city shall continue shall constitute a separate offense. Section 3. Section 13-2 of the Wheat Ridge Code of Laws, concerning the 2010
Model Traffic Code, is amended by the addition of a new Subsection 13-2(b)(19) to read as follows: Sec. 13-2.- Model Traffic Code.
(a) …
(b) Amendments. The 2010 Model Traffic Code is subject to the following additions or modifications:
(1) Section 235, reserved, is hereby amended to read in its entirety
as follows: "235. Minimum standards for commercial vehicles – spot inspections.
(1) A police officer or sheriff's officer may, at any time, require the driver of any commercial vehicle, as defined in section 42-4-235, C.R.S., to stop so that the officer or deputy may inspect the vehicle and all required
documents for compliance with the rules and regulations promulgated by the Colorado Department of Public Safety, Colorado Code of Regulations Volume 8, 1507-1 "Minimum Standards for the Operation of Commercial Vehicles."
(2) A police officer or sheriff's officer may immobilize, impound, or otherwise direct the disposition of a commercial vehicle when it is determined that the motor vehicle or operation thereof is unsafe and when such
immobilization, impoundment, or disposition is
appropriate under the rules and regulations promulgated by the Colorado Department of Public
Safety, Colorado Code of Regulations Volume 8, 1507-1 "Minimum Standards for the Operation of Commercial Vehicles."
(3) Any person, as defined in section 42-1-102(69), C.R.S., who violates subsection (1) of this section commits a traffic offense."...
(19) PART 17, CONCERNING PENALTIES AND PROCEDURE, IS HEREBY AMENDED BY THE ADDITION OF A NEW SECTION 1719 TO READ IN ITS ENTIRETY AS FOLLOWS: “1719. ELECTRONIC TRANSMISSION OF DATA –
STANDARD. (1) A MUNICIPAL COURT, COUNTY COURT, DISTRICT COURT, OR ANY COURT WITH JURISDICTION OVER VIOLATIONS OF TRAFFIC RULES AND LAWS SHALL NOT
DISMISS ANY CHARGES OR REFUSE TO ENFORCE ANY
TRAFFIC LAW OR RULE SOLELY BECAUSE A PENALTY ASSESSMENT NOTICE OR SUMMONS AND COMPLAINT ISSUED PURSUANT TO THE STANDARDS ESTABLISHED IN THIS SECTION IS IN ELECTRONIC
FORM OR CONTAINS AN ELECTRONIC SIGNATURE.”...
Section 4. 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 5. Effective Date. This Ordinance shall take effect fifteen (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 8 to 0 on this 8th day of July 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for
Monday, July 22, 2024 at 6:30 p.m., as a virtual meeting and 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 8 to 0, this 22nd day of July 2024.
SIGNED by the Mayor on this 23rd day of July 2024.
Bud Starker, Mayor
ATTEST:
Margy Greer, Senior Deputy City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
First Publication: July 9, 2024 Second Publication: July 23, 2024 Effective Date: August 7, 2024
Published: Jeffco Transcript and www.ci.wheatridge.co.us