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HomeMy WebLinkAboutOrdinance-1995-1001 INTRODUCED BY COUNCILMEMBER SILER COUNCIL BILL NO. 12 Ordinance No. 1001 Series of 1995 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO, ADDING THE OFFENSE OF COMPULSORY INSURANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Section 13-2, Model traffic code, is modified by the addition as follows: Sec. 13-2. Model traffic code. (b) Amendments. The model traffic code is subject to the following additions or modifications: Sec. 21-14. Compulsory Insurance is enacted as follows: (a) No owner of a motor vehicle required to be registered in this state shall operate the vehicle or permit it to be operated on any street, highway, alley, or any pUblic place as defined in Section 16-1 (b) of the Wheat Ridge Code of Laws, when the owner has failed to have a complying pOlicy or certificate of self-insurance in full force and effect as required by sections 10-4-705 and 10-4-716, Colorado Revised Statutes. (b) No person shall operate a motor vehicle on any street, highway, alley, or any pUblic place as defined in Section 16-1 (b) of the Wheat Ridge Code of Laws, without a complying policy or certificate of self-insurance in full force and effect as required by sections 10-4-705 and 10-4-716, Colorado Revised Statutes. (c) When an accident occurs, or when requested to do so following any lawful traffic contact or during any traffic investigation by a peace officer, no owner or operator of a motor vehicle shall fail to present to the requesting officer immediate evidence of a complying policy or certificate of a complying policy or certificate of self-insurance in full force and effect as required by sections 10-4-705 and 10-4-716, Colorado Revised Statutes. (d) Testimony of the failure of any owner or operator of a motor vehicle to present immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by sections 10-4-705 and 10-4-716, Colorado Revised Statutes, when requested to do so by a peace officer, shall constitute prima facie 1 evidence, at a trial concerning a violation charged under subsection (a) or (b) of this section, that such owner or operator violated subsection (a) or (b) of this section. (e) No person charged with violating subsection (a), (b), or (c) of this section shall be convicted if the person produces in court a bona fide complying policy or certificate of self-insurance in full force and effect as required by sections 10-4-705 and 10-4- 716, Colorado Revised statutes, at the time of the alleged violation. (f) The court may assess against any defendant who is convicted with violation of subsections (a), (b) or (c) of this section, reasonable costs as determined by the Municipal Court in addition to any fines that may be imposed. The assessment of costs is to reimburse the City the actual costs incurred as a result of the defendants' failure to have motor vehicle insurance pursuant to law and the subsequent prosecution thereof. These costs include, but are not limited to the administrative, personnel, and jUdicial expenses incurred in processing the summons and complaint. 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 sough to be attained. 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 judgement shall not affect, impair, or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 4. This ordinance shall become effective June 15, 1995. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 20th day of March ,1995, 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, April 10, 1995, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29TH Avenue, Wheat Ridge, Colorado. April 10, 1995 - Motion by Mr. Siler to postpone until May 8, 1995; seconded by Mr. Eafanti; carried 7-0. 2 READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 8th day of May 1995. SIGNED by the Mayor on this 8th day of MpY 1995. ~" &'f.:":L DAN WILDE, M~Y~ ( ) '-_.~ ATTEST: k APPROVED AS TO FORM BY CITY ATTORNEY ') )' , _ ~ // . ) ( /:~, L/)), /; )) >/ ~ ___ ~-t_~ '-.. ~~,' ~ ~ -..'- ~_~z Gerald E. Dahl, City Attorney 1st Publication: March 30, 1995 2nd Publication: June 1, 1995 Jefferson Sentinel: Effective Date: June 15, 1995 3