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 (a) The following parts, sections or subsections of Article I of said Model Traffic Code are hereby repealed, added or amended to read as follows: … (18.05) 1417.Driving under restraint for an outstanding judgment.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