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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. 2 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. 3 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 4 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 v 5