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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 2 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 3