HomeMy WebLinkAboutOrdinance-2005-1347
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER GOKEY
Council Bill No 10
Ordinance No
11L.. 7
Series of 2005
TITLE. AN ORDINANCE ADOPTING MANDATORY MINIMUM PENALTIES FOR
VIOLATING THE VEHICLE INSURANCE PROVISIONS OF THE MODEL
TRAFFIC CODE, AS ADOPTED BY THE CITY, AND AUTHORIZING THE
RETENTION OF FIFTY PERCENT OF SUCH COLLECTED PENALTIES AS
AUTHORIZED BY LAW
WHEREAS, pursuant to Part 2 of Article 16 of Title 31 of the Colorado Revised
Statutes, and Section 516 of the Wheat Ridge City Charter, the City possesses the
authority to adopt codes and parts thereof by reference, and
WHEREAS, pursuant to this authority and by Ordinance No 1297, 2003 Series,
the City previously adopted the 2003 edition of the Model Traffic Code for Colorado and
certain amendments thereto, codified at subsection (b) of Section 13-2 of the Code of
Laws of the City of Wheat Ridge ("Code of Laws"), and
WHEREAS, by House Bill 04-1193, the Colorado legislature adopted certain
amendments to Article 4, Title 42, Colorado Revised Statutes, including mandatory
minimum penalties for violating the compulsory vehicle insurance statute, and
WHEREAS, the contents of said Article 4, Title 42 are generally mirrored in the
Model Traffic Code, and
WHEREAS, in the interest of maintaining conformity with the state traffic statutes
after which the Model Traffic Code was patterned, the City desires to enact certain
mandatory minimum penalties and to permit the retention of a portion of such penalties,
as provided in C R.S ~ 42-4-1409
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO
Section 1 Subsection (b) of Section 13-2 of the Code of Laws, which sets forth
amendments to the 2003 Model Traffic Code, as adopted by the City, is hereby
amended by the addition of a new paragraph (15), to read in its entirety as follows
(15) Part 17, concerning Penalties and Procedure, is hereby amended by
the addition of a new section 1718, which section shall read as follows
"1718 Penalty - Compulsory insurance
(1) Notwithstanding the provisions of Section 1701 of this Code, any
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person who violates section 1409 of this Code shall be punished by a
minimum mandatory fine of not less than five hundred dollars ($500 00)
The court may suspend up to one half of the fine upon a showing that
appropriate insurance as required by law has been obtained Nothing
herein shall be construed to prevent the court from imposing a fine greater
than the minimum mandatory fine
(2) Notwithstanding the provisions of Section 1701 of this Code, upon a
second or subsequent conviction under section 1409 of this Code within a
period of five years following a prior conviction under said section 1409, in
addition to any imprisonment imposed, the defendant shall be punished
by a minimum mandatory fine of not less than one thousand dollars
($1,00000) The court may suspend up to one half of the fine upon a
showing that appropriate insurance as required by law has been obtained
(3) Fifty percent of all fines collected pursuant to this Section 1718 shall
be deposited in the Hotel/Motel Fund to be used for community policing
and crime prevention projects and purposes The remaining fifty percent
shall be deposited in the General Fund
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 sought to be
attained
Section 3 Severability; Conflicting Ordinances Repealed If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby All other ordinances, parts of ordinances or codes adopted
thereby in conflict with the provisions of this ordinance or the code or ordinance
adopted hereby are hereby repealed
Section 4 Effective Date This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5 11 of the Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
o on this 23rd day of May , 2005, 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 June 13. , 2005, at 7 00
o'clock pm, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado
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READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of A to 0 , this I "\tch day of Tnnp , 2005
SIGNED by the Mayor on this 14th day of
June
,2005
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ATTEST
7
Z;;{)J
Gerald E Dahl, City Attorney
First Publication May 26, 2005
Second Publication .Tune 16. 200')
Wheat Ridge Transcript:
Effective Date July I, 2005
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