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
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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.
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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.
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DAN WILDE, M~Y~
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ATTEST:
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APPROVED AS TO FORM BY CITY ATTORNEY
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Gerald E. Dahl, City Attorney
1st Publication: March 30, 1995
2nd Publication: June 1, 1995
Jefferson Sentinel:
Effective Date: June 15, 1995
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