Loading...
HomeMy WebLinkAboutOrdinance-1984-0566INTRODUCED BY COUNCILMEMBER SNOW ORDINANCE NO. 566 Series of 1984 TITLE: AN ORDINANCE AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE BY ADDING THERETO SECTION 12-7 "CERTIFICATION OF EMISSIONS CONTROL REQUIRED," AND PROVIDING A PENALTY FOR A VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. The Code of Laws of the City of Wheat Ridge is hereby amended by adding thereto the following section: "Sec. 12-7. CERTIFICATION OF EMISSIONS CONTROL REQUIRED: A. It shall be unlawful for any person to drive, stop, park, or for the owner or a person in charge of a vehicle to cause or knowingly permit to be driven, stopped or parked on any street or highway within the City of Wheat Ridge, Colorado, any vehicle which is required under the laws of the State of Colorado to be inspected pursuant to the Automobile Inspection and Readjustment Program, estab- lished pursuant to Sections 42-4-306.5 to 42-4-316, C.R.S., or as same may be amended from time to time, unless such vehicle has been inspected at an authorized inspection station and has attached thereto in proper position a valid and unexpired certification of emissions control as required by the laws of the State of Colorado. B. In any prosecution for an alleged violation of any of the provisions of this Section, proof that the vehicle described in the complaint was driven, parked or stopped in violation of this Section, together with proof that the Defendant named in the complaint was, at the time of such driving, stopping, or parking, a registered owner of the vehicle, shall constitute prima facie evidence that the Defendant was the person who drove, parked, stopped, or knowingly permitted to be driven, stopped, or parked, such vehicle at the place where, and for the time which such violation occurred. C. Any person who violates any provision of this Section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than Twenty-Five Dollars ($25) or more than Three Hundred Dollars ($300). D. Any law enforcement officer observing a vehicle in the City which is in apparent violation of this Section, may place upon such vehicle, or serve upon the owner or operator of any such vehicle, (i) a summons and complaint or (ii) a penalty assessment notice indicating the offense and directing the owner or operator of such vehicle to either remit a penalty assessment of Twenty-Five Dollars ($25) to the City of Wheat Ridge or to appear at the Municipal Court Violations Bureau within seven (7) days of the date of issuance of the penalty assessment notice to begin proceedings to protest the charge." 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. - ° GE TWO Section 3. 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 application to other persons or circumstances. Section 4. This ordinance shall take effect 1 day(s) after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of - 7 to -1_ on this 13th day of February , 1984, 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 27 , 1984, at 7:30 p.m. at 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 27th day of February , 1984. SIGNED by the Mayor on this 28th day of February , 1984. Frank Stites, Mayor ATTEST: Wanda Sang, City C1 1st Publication February 16, 1984 2nd Publication March 1, 1984 (Wheat Ridge Sentinel) Effective Date: March 2, 1984 CD ~ c r.: Z~ ` APPROVED AS TO FORM BY OFFICE OF CITY ATTORNEY: