HomeMy WebLinkAboutOrdinance-1986-0695INTRODUCED BY COUNCILMEMBER MFRKI
Ordinance No. 695
Series of 1986
TITLE: AN ORDINANCE AMENDING CHAPTER 12, MOTOR VEHICLES AND
TRAFFIC, OF THE CODE OF LAWS OF THE CITY OF WHEAT
RIDGE, BY ADDING THERETO ARTICLE II, REGISTRATION OF
VEHICLES, REQUIRING MOTOR VEHICLES TO BE PROPERLY
REGISTERED PURSUANT TO THE PROVISIONS OF C.R.S.
42-6-137, AND PROVIDING CIVIL AND CRIMINAL PENALTIES
FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. The Code of Laws of the City of Wheat Ridge is
hereby amended by including Sections 12-1 through 12-7,
inclusive, of Chapter 12 under a newly created "Article I -
Traffic Regulations."
Section 2. Chapter 12 of the Code of the Laws of the City
of Wheat Ridge is hereby amended by the addition of the following
Article II - Registration of Motor Vehicles.
ARTICLE II - REGISTRATION OF MOTOR VEHICLES
Section 12-8. Incorrect Registration of a Motor Vehicle.
(1) As used in this section:
(a) "City Treasurer" shall mean the elected Treasurer
of the City of Wheat Ridge, or his designee.
(b) "Penalty assessment notice" means the written
notice of the City Treasurer's determination that
a violation of X42-6-137(2), C.R.S. has occurred
and assessment and demand for the payment of the
civil penalty provided for in subsection (3) of
this section 12-8.
(c) "Notice of deficiency" means the notice issued by
the City Treasurer pursuant to Section 21-18 of
this Code of Laws for failure, neglect or refusal
to pay any sales or use tax due or any penalties
or interest thereon.
(2) No person shall register a motor vehicle in violation
of the provisions of 342-6-137(2), C.R.S.
(3) A person who registers a motor vehicle in violation of
the provisions of X42-6-137(2), C.R.S. shall be subject to a five
hundred dollar civil penalty pursuant to the authority granted in
X42-6-137(4), C.R.S. The procedure for the assessment of such
civil penalty shall be as follows:
(a) When the City Treasurer determines on such information
as is available that a person has registered a motor
vehicle in violation of the provisions of X42-6-137(2),
c.R.S., the City Treasurer shall provide to such person
a penalty assessment notice. If the City Treasurer
also has determined pursuant to Section 21-18 of the
Code of Laws of the City of Wheat Ridge that sales or
use tax are due to the city on such motor vehicle, such
penalty assessment notice shall be included in the
notice of deficiency.
§42-6-137(4), C.R.S. The procedure for the assessment of such
civil penalty shall be as follows:
(a) When the City Treasurer determines on such information
as is available that a person has registered a motor
vehicle in violation of the provisions of §42-6-137(2),
c.R.S., the City Treasurer shall provide to such person
a penalty assessment notice. If the City Treasurer
also has determined pursuant to Section 21-18 of the
Code of Laws of the City of Wheat Ridge that sales or
use tax are due to the city on such motor vehicle, such
penalty assessment notice shall be included in the
notice of deficiency.
(b) Such person shall pay such civil penalty within the
same time period provided pursuant to Section 21-18 for
payment of any amounts due pursuant to the notice of
deficiency, unless such person files a written protest
pursuant to paragraph (c) of this subsection (3).
(c) If such person desires to protest the penalty
assessment notice, such person shall file a written
protest with the City Treasurer within the time period
provided pursuant to Section 21-18 for protesting a
notice of deficiency. The protest shall set forth the
facts which show that a violation of §42-6-137(2) did
not occur. The City Treasurer shall issue a written
decision affirming or withdrawing such penalty
assessment notice within the same time period and in
the same manner as provided pursuant to Section 21-18
on a protest on a notice of deficiency. If the
decision affirms the penalty assessment notice, such
persons shall pay such civil penalty within the time
period provided for payment of a final assessment
pursuant to Section 21-18.
(d) Such person may seek judicial review of the City
Treasurer's decision pursuant to C.R.C.P. 106(a)(4).
No such judicial review shall be available if a written
protest was not timely filed in the manner provided for
in paragraph (c) of this subsection (3).
(e) The City Treasurer may enforce collection of the civil
penalty provided for in this subsection (3) in the
manner provided in Section 21-21 of the Code of Laws
for the collection of unpaid sales or use taxes,
penalties, or interest.
Section 12-9. Violation and Penalty.
Any person -violating any of the provisions of this Article
II of Chapter 12 shall be subject, upon conviction of said
violation, to a fine not to exceed $999.00. In addition, nothing
in said Section 12-8 hereof shall be deemed to preclude the
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collection of any tax or fee or penalties or interest thereon
provided by law, or the imposition of any other civil or criminal
penalty provided by law. Authority is specifically granted to
the court to impose both a criminal fine and a civil penalty for
violation of the provisions hereof.
Section 3. 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 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 application to other persons or circumstances.
Section 5. This ordinance shall take effect one (1) day
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 13th day of October , 1986,
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 October 27 , 1986, at
7:30 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 8 to 0 this 27th day of October
, 1986.
1986.
ATTEST:
28th day of October
Frank Stites, Mayor
i
Wanda Sang, City C rk
1st Publication: Oct. 16 1986
2nd Publication: p
Wheat Ridge Senti net. 30, L86
Effective Date: Oct. 31, 1986
SIGNED by the Mayor on this
APPROVES O FORM BY
OFFICE O ITY 'ATTORNE
John Haye
v
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