HomeMy WebLinkAboutOrdinance-1987-0724INTRODUCED BY COUNCILMEMBER KELLER
Ordinance No. 724
Series of 1987
TITLE: AN ORDINANCE AMENDING CHAPTER 12, MOTOR VEHICLES AND
TRAFFIC, OF THE CODE OF THE LAWS OF THE CITY OF WHEAT
RIDGE, BY ADDING THERETO ARTICLE III, EMISSIONS FROM
GASOLINE OR DIESEL ENGINES, AND PROVIDING A PENALTY FOR
VIOLATION THEREOF.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS:
Section 1. Chapter 12, Motor Vehicles and Traffic, of the
Code of the Laws of the City of Wheat Ridge is hereby amended by
adding thereto Article III, Emissions From Gasoline or Diesel
Engines, as follows:
Article III
EMISSIONS FROM GASOLINE OR DIESEL ENGINES
Sec. 12-10 Definitions.
The following definitions shall apply in interpretation and
enforcement of this Article III and all regulations adopted
hereunder:
Air contaminant (pollutant) shall mean any fume, odor,
smoke, particulate matter, vapor, gas or any combination thereof,
but not including water, vapor or steam condensate.
Chief of Police shall mean the Chief of Police of the Wheat
Ridge Police Department, or his designee.
Cold Engine Start Up shall mean initial start up of an
engine until it reaches normal operating temperature as suggested
by manufacturer's specifications.
Emit shall mean to discharge, release, or to permit or cause
the discharge or release of one or more air contaminants into the
atmosphere.
Emission shall mean the discharge or release of one or more
air contaminants into the atmosphere.
Engine shall mean any internal combustion machine such as
found in motor vehicles, aircraft, watercraft, locomotives, and
stationary power units which utilizes gas or liquid fuel for
combustion energy.
Licensed repair garage shall mean an "inspection and
readjustment station" as defined by § 42-4-307, C.R.S.
Opacity shall mean the degree to which an air contaminant
emission obscures the view of a trained observer, expressed in
percentage of the obscuration, or the degree (percentage) to
which transmittance of light is reduced by an air contaminant
emission.
Owner shall mean the person or entity who holds or possesses
title to any vehicle or other means of transport, conveyance or
machine whose engine is emitting air contaminants as described
herein.
Person shall mean any person, firm, association,
organization, partnership, business, trust, corporation, company,
contractor, supplier, installer, user or owner and shall include
any municipal corporation, state or federal government.
Qualified observer shall mean a person who is certified by
the State Department of Health to be trained in the area of odor
and/or opacity identification of air pollutants.
Shall or must means mandatory provisions.
Vehicle shall mean any device which is capable of moving
itself, or of being moved, from place to place upon wheels and
which contains an engine.
Sec. 12-11. Diesel-powered engines.
No person shall cause to be emitted into the atmosphere from
any vehicle with a diesel-powered engine any visible emission for
a period greater than ten (10) consecutive seconds, which is of
forty 40% percent opacity, or greater. Such emissions that are
a direct result of cold engine start-up to reach a normal
operating temperature shall be exempt. Regardless of who is
operating a vehicle at the time of violation of this Article III,
it is the legal responsibility of the owner thereof to provide
for compliance with the provisions of this Article. Any summons
issued for violation of this Section shall likewise be issued to
the owner of the vehicle.
Sec. 12-12. Gasoline-powered engines.
No person shall cause to be emitted into the atmosphere from
any vehicle with a gasoline-powered engine any visible emission.
Such emissions that are a direct result of cold engine start-up
to reach a normal operating temperature shall be exempt.
Regardless of who is operating a vehicle at the time of violation
of this Article III, it is the legal responsibility of the owner
thereof to provide for compliance with the provisions of this
Article. Any summons issued for violation of this Section shall
likewise be issued to the owner of the vehicle.
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Sec. 12-13. Repair of vehicle.
(a) Any individual who is given a summons for a
violation of this Article shall be required to appear in
municipal court on the regular court arraignment date next
closest to the expiration of thirty (30) days thereafter to
answer charges of the violation of this Article. Within the
period set forth above the person summoned shall either repair
the vehicle to comply with the provisions of this Article or
cease operating the vehicle within the city.
(b) If prior to the court appearance date, the vehicle
which is the subject of the summons is repaired and found to be
in compliance with the provisions of this Article after a test
conducted by a licensed repair garage or a qualified observer as
herein defined, the summons shall be dismissed without further
proceedings. Such compliance shall be evidenced by an
appropriate written document. The Chief of Police must be
presented a written statement that fully describes the work
performed and certifies that the vehicle meets the requirements
of this Chapter.
(c) The qualified observer may, upon request, extend the
compliance period for a period of not to exceed fifteen (15) days
from the date of request. The court shall be notified of the
extension.
Sec. 12-14. Misrepresentation.
(a) It shall be unlawful for any person to misrepresent or
give any false or inaccurate information or in any other way
attempt to deceive a licensed repair garage or the qualified
observer in order to avoid compliance with the provisions of this
Article.
(b) It shall be unlawful for any licensed repair garage or
its agents to misrepresent any fact, falsely certify any repair
or in any other way attempt to mislead the qualified observer
into believing that air pollution standards are being met.
Sec. 12-15. Enforcement by qualified observers.
The provisions of this Article shall be enforced by
qualified observers, who are defined as persons certified by the
State Department of Health to be trained in the area of order
and/or opacity identification of air pollutants. Any such
qualified observer may exercise his discretion and issue a
warning rather than a summons. Any warning so issued shall
notify the individual of the nature of the violation and
recommend that the cause of the violation be remedied as soon as
possible. No other person may stop a vehicle for a violation of
this Article, or make an arrest for a violation of this Article,
unless such person is so empowered by law.
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Sec. 12-16. Violation and penalty.
Any person owning and/or operating a vehicle not in
compliance with the provisions of this Article III shall be
guilty of a misdemeanor and, upon conviction thereof, shall be
subject to a penalty not to exceed five hundred ($500.00) dollars.
Separate incidents shall constitute separate violations, which
may be separately and individually punished, except no such
incident shall constitute a separate violation if said subsequent
incident occurs within the time period described in Section 12-13
hereof. Authority is expressly provided to the Judge of the
Municipal Court to reduce or to suspend all or any part of fines
in the event that the person charged with the violation provides
proof to the court that the vehicle which emitted the pollutant
resulting in the violation has been repaired as provided in
Section 12-13 hereof.
Section 2. 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 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. Effective Date. This ordinance shall take
effect one (1) day after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
4 to 1 on this 27th day of July , 1987,
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 Monday, August 24, , 1987, 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 5 to 3 this 24th day of August
1987.
1987.
SIGNED by the Mayor on this 25th day of August ,
Frank Stites, Mayor
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ATTES'T': /
L -
Wanda Sang, City'Cle t
lst Publication: 7/30/87 APPROVED A$',0 FO M BY
2nd Publication: 8/27/87 OFFICE 0 TY A P RNEY:
Wheat Ridge Sentinel: I,
Effective Date: 8/28/87 /
,John M. Hayes
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