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HomeMy WebLinkAbout1993 Ordinance No. 012ORDINANCE NO./J::.- SERIES OF 1993 BY AUTHORITY COUNCIL BILL NO. 8 INTRODUCED BY COUNCIL MEMBER BULLOCK AN ORDINANCE AMENDING TITLE 11, CHAPI'ER 1, BY ADDING A NEW SECTION 15, TO BE TITLED COMPULSORY INSURANCE TO THE ENGLEWOOD MUNICIPAL CODE, 1985. WHEP.EAS , il is a violation of St.ate Law le> uperale a mo!Gr vehicle that ia not inoured; and WHEREAS, violauon1 ofth• Sta~ MotorWebicle lnaurana Lawa an, currently filed in State Court; and WHEREAS, recent policy ch111ce1 allow mr.nicipalitiea to implement l~alation necessary to enforce violation, in the Municipal Court oyat.am; and WHEREAS, by implementine this leeialation the City will reduce the coat or enforcement of motor vehicle violations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : s.wlml. The Englewood Municipal Code, 1985, Title 11, Chapter l, ia hereby amended by add ing a new Section 15: COMPULSORY INSURANCE which will read a, follow■. 11 -1-15 : COMPULSORY INSURANCE : 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 A PUBLIC STREET OR HIGHWAY OF TRIS CITY WHEN THE OWNER HAS FAILED TO HAVE A COMPLYING POUCY OR CERTIFICATE OF SELF-INSURANCE IN FULL FORCE AND EFFECT AS REQUIRED BY SECTIONS lD-4-705 AND 10-4-716, C.R.S. B. NO PERSON SHALL OPERATE A MO'IvR VEHICLE ON A PUBLIC STREET OR HIGHWAY OF THIS CITY 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, C.R.S. C. WHEN AN ACCIDENT OCCURS, OR WHEN REQUESTED TO DO SO FOLLOWING ANY LAWFUL TRAFFIC CONTACT OR DURING ANY TRAFFIC INVESTIGATION BY A POLICE OFFICER, NO OWNER OR OPERATOR OF A MOTOR VEHICLE SHALL FAIL TO PRESENT TO THE REQUESTING OFFICER EVIDENCE OF A COMPLYING POLIC.'Y OR CERTIFICATE OF SELF-INSURANCE IN FULL FORCE AND EFFECT AS REQUIRED BY SECTIONS 10-4-705 AND 10-4 -716, C.R.S. -1 - llld D. ANY PERSON WHO VIOLATES THE PROVISIONS OF St'BSECTIONS A, B, OR C OF 'l'HIS SECTION IS GUILTY OF A TRAFFIC OFFENSE AND, UPON CONVICTION THEREOF, SHALL l\F. F'_'!'!!.:!HED BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS Crl11JO) NOR MORE THAN FIVE HUNDRED DOLLARS (1500), AND, IN ADDITION, THE COURT MAY IMPO .-E IMPRISONMENT FOR NOT LESS THAN TEN (10) DAYS N.OR MORE THAN ONE HUNDRED EIGHTY (180) DAYS . THE FINE IMPOSED BY THIS SECTION SHALL BE M.\NDATvl:Y, AND THE COURT SHALL NOT SUSPEND SAID FINE, IN WHOLE OR IN PART, UNLESS IT IS ESTABLISHED THAT APPROPRIATE INSURANCE AS REQUIRED UNDBR SECTION 10-4-705 AND 10-4-716, C.R.S . HAS BEEN OBTAINED . E. UPON A SECOND OR SUBSEQUENT CONVICTION UNDER TlllS SECTION WITHIN A PERIOD OF TWO •:2) YEARS FOLLOWING A PRIOR CONVICTION UNDER THIS SECTION, "rHE DEFENDANT SHALL BE PUNISHED BY A FINE OF NOT LESS ~•HAN TWO HUNDRED DOLLARS ($200) NOR MOJU; Tlu\N FIVE HUNDR~D DOLLARS ($500), AND, IN ADDITION, THE COURT MAY IMPOSI/. i'MPRISONMENT IN THE COUNTY JAIL FOR NCYI' LESS THAN TEN ClO) DAYS NOR MORE THAN ONE HUNDRED EIGHTY (180) DAYS . THE FINE IMPOSED BY THIS SECTION SHALL BE MANDATORY, AND THE COURT SHALL NOT SUSPEND SAID FINE , IN WHOL.: OR IN PART, UNLESS IT IS ESTABLISHED THAT APPROPRIATE INSURANCE AS REQUIRED UNDER SECTION 10-4-705 AND 10-4-716, C.R.S., HAS BEl::N OBTAINED . F . TESTIMONY OF THE FAILURE OF ANY OWNER OR O?ERATOR OF A - MOTOR VEHICLE TO PRESENT EVIDENCE OF A COMPLYING POLICY OR CERTIFICATE OF SELF-INSURANCE IN FULL FORCE AND E~"FECT AS REQUIRE!) BY SECTIONS 10-4-705 AND 10-4-716, C.R.S ., WHEN REQUESTEi> TO DO SO BY A POLICE OFFICER, SHALL CONSTITUTE P.R.!MA FACIE EVIDENCE , A'1' A TRIAL CONCERNING A VIOLATION CHARGED UNDER SUBS.EC'J.'IONS A ORB OF THIS SECTION, Tl.AT SUCH OWNER OR OPERATOR OF A MOTOR VEHICLE VIOLATED SlTBSECTION A OR B O'r' !-HIS SECTION . G. NO PERSON CHARGED ',VITH VIOLATING SUBSECTIONS A, B, OR C OF THIS SECTION SHAl.L &E CONVICTED IF HE PRODUCES TO THE COURT A BONA FIDE COMPLYING POLICY OR CERTIFICATE OF SELF- INSURANCE WHICH WAS IN FULL FORCE AND EFFECT, AS REQUIRED BY SECTIONS 10-4-705 AND 10-4-716, C.R.S ., AT THE TIME OF THE ALLEGED VIOLATION . In troduced , read in full, and pa11ed on lint reading on the 16th day of February, 1993 -2- Publi1hed a ■ a Bill for an Ordinance on the 18th day ol Februuy, 1993. Read by title and paued on final reading on ch• ht day of March, 1993. Published by title as Ordinance No . a_.series of .\993, on the-tth day ofMan:h, 1993. ATTE T : ~w_1i!llw~✓ atricia H . Crow, City Clerk I, Pat.ricia H. Crow, City Clerk of, ~1ty of Englewood, Colorado, hereby certify that the above and foregoing is a try! cor· • the Ordinance puaed on final readine and published by title os Ordinance No. µ .. ,es of 1993. a~~ · Pabicia H. Crow .3.