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
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APPROVED AS TO FORM BY OFFICE
OF CITY ATTORNEY: