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HomeMy WebLinkAboutOrdinance-1982-0501INTRODUCED BY COUNCILMEMBER BURT ORDINANCE NO. 501 Series of 1982 TITLE: AN ORDINANCE AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE BY AMENDING SECTION 12-2 THEREOF TO PROVIDE FOR THE CREATION OF TRAFFIC VIOLATIONS BUREAU, AND THE AUTHORIZA- TION OF SAID TRAFFIC VIOLATIONS BUREAU TO PROVIDE FOR A MAIL-IN SYSTEM FOR COLLECTION OF PENALTY ASSESSMENT TICKETS AND AUTHORIZING THE ESTABLISHMENT OF A FINE SCHEDULE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: WHEREAS, the City Council of the City of Wheat Ridge, after con- sidering the confusion caused in the Municipal Court of the City of Wheat Ridge by the requirement that all persons personally appear before the Clerk of the Court to enter a plea to a traffic charge and/or to pay any fine accompanying a guilty plea; WHEREAS, it is in the interest of efficient court management to provide for a traffic violations bureau having the authority to accept mailed in guilty pleas together with fines consistent with an established fine schedule; WHEREAS, the City Council, after appropriate consultation with the presiding Municipal Judge and the Clerk of the Municipal Court, wishes to authorize the office of the Municipal Court Clerk to be, become, and act as a traffic violations bureau within the City of Wheat Ridge; WHEREAS, the City Council of the City of Wheat Ridge by Ordinance 451, Series of 1981, has previously adopted amendments to the Model Traffic Code; WHEREAS, the City Council of the City of Wheat Ridge wishes to provide for the violations bureau described herein by additional amendment to the Model Traffic Code; NOW, THEREFORE, BY IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: Section 1. Section 12-2 of the Code of Laws of the City of Wheat Ridge is amended by adding thereto the following provisions: Section 24-1 is amended to read as follows: (a) The Clerk of the Municipal Court is hereby designated to be the traffic violations bureau of the City of Wheat Ridge. The traffic violations bureau of the City of Wheat Ridge is hereby specifically empowered to do the following acts: 1. Establish, in conjunction with the presiding municipal judge, a fine schedule to be applied to violators of the Model Traffic Code as adopted by the City of Wheat Ridge; 2. To approve for use a form of summons and complaint which may be mailed to the traffic violations bureau together with payment pursuant to the previously adopted and approved fine schedule, provided that any such summons and complaint shall state thereon that submission of a fine as imposed shall constitute a plea of guilty to the charge for all legal and administrative purposes; ORDINANCE NO. -i 3. 4. PAGE TWO To accept any fines paid by mail pursuant to this section, and to account therefor as provided by law; and To do all other acts provided or permitted by Article 24 of the Model Traffic Code. Section 2. All provisions of the Model Traffic Code as enacted in t ie~y of Wheat Ridge by previous ordinance and not amended hereby are ratified in their entirety. Section 3. Safety Clause. The City Council hereby finds, deter- mines 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 ordi- nance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 5. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ AND ADOPTED on first reading by a vote of 6 to 0 on this 28th day of June , 1982; 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 July 26 , 1982, at 7:30 o'clock p.m., at 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 1 this 26 day of July , 1982. SIGNED by the Mayor on this 28th day of July 1982. Frank Stites, Mayor ATTEST: Carol F. Hampf, Ci6elerk f 1st publication July 1, 1982 2nd publication August 5, 1982 Wheat Ridge Sentinel Effective Date: August 20, 1982 APPROVED AS TO FORM BY OFFICE OF CITY ATTORNEY: COLOR ye w t ~ J