HomeMy WebLinkAbout09159ORDINANCE NO. 9159
AN ORDINANCE AMENDING SECTION 8 OF CHAPTER 1
OF TITLE XV OF THE PUEBLO MUNICIPAL CODE,
AMENDING THE MODEL TRAFFIC CODE TO PROHIBIT
DRIVING UNDER RESTRAINT FOR AN OUTSTANDING
JUDGMENT AND TO IMPOSE A PENALTY THEREFORE
WHEREAS, House Bill 17-1162 of the Colorado Legislature was approved on May
18, 2017, and grants municipalities the authority to enforce certain penalties against
persons driving under restraint for an outstanding judgment, and
WHEREAS, City Council is committed to protecting the health, safety and welfare
of pedestrians and drivers in the City, and ensuring the free flow of traffic within the City.
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 8 of Chapter 1 of Title XV of the Pueblo Municipal Code is hereby amended
by the addition of new subsection (a)(18.05) to read as follows:
Sec. 15-1-8. Amendments and additions.
(a) The following parts, sections or subsections of Article I of said Model Traffic Code
are hereby repealed, added or amended to read as follows:
…
(18.05) 1417.Driving under restraint for an outstanding judgment.
It shall be unlawful for any person to drive a motor vehicle or off-
highway vehicle upon any highway or street, with knowledge that the
person’s driver’s license or privilege to drive, either as a resident or
nonresident of the State of Colorado, is under restraint for an
outstanding judgment. Each such instance shall be punishable by a
fine of not more than one hundred dollars ($100.00). A penalty of three
(3) points shall be assessed against the person’s license for each such
infraction. Said penalty shall not be waived or reduced for any reason.
SECTION 2.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Ordinance to effectuate the policies and
procedures described herein.
SECTION 3.
This Ordinance shall become effective thirty (30) days after final passage and
approval.
INTRODUCED: August 14, 2017
BY: Robert Schilling
PASSED AND APPROVED: August 28, 2017
City Clerk’s Office Item # R-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 14, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Pepper Whittlef, Traffic Engineer
Trevor Gloss, Assistant City Attorney
SUBJECT: AN ORDINANCE AMENDING SECTION 8 OF CHAPTER 1 OF TITLE XV
OF THE PUEBLO MUNICIPAL CODE, AMENDING THE MODEL TRAFFIC
CODE TO PROHIBIT DRIVING UNDER RESTRAINT FOR AN
OUTSTANDING JUDGMENT AND TO IMPOSE A PENALTY
THEREFORE
SUMMARY:
Attached for consideration is a text addition to Title XV of the Pueblo Municipal Code
relating to penalties for driving under restraint for an outstanding judgment.
PREVIOUS COUNCIL ACTION:
There has been no previous City Council action with regards to this subject.
BACKGROUND:
House Bill 17-1162 of the Colorado Legislature was approved on May 18, 2017, and
grants municipalities the authority to enforce certain penalties against persons driving
under restraint for an outstanding judgment. This means that if a person is driving while
their license is suspended or revoked, because the person did not comply with a sentence
or a pay a fine, then the municipality may charge this activity as a civil traffic infraction.
FINANCIAL IMPLICATIONS:
A fine of not more than one hundred dollars ($100.00) shall be assessed against each
person found in violation of this provision.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
If City Council does not approve this Ordinance, driving under restraint for an outstanding
judgment will not be a civil traffic infraction under the City’s Traffic Code.
RECOMMENDATION
:
Approval of Ordinance.
Attachments: Proposed Ordinance