HomeMy WebLinkAbout07264ORDINANCE NO. 7264
AN ORDINANCE AMENDING SUBSECTION 15.5 OF SECTION 8 OF CHAPTER 1 OF TITLE XV
OF THE PUEBLO MUNICIPAL CODE RELATING TO THE MODEL TRAFFIC CODE,
PROHIBITING DRIVING WITHOUT INSURANCE, AND PROVIDING PENALTIES FOR
VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter
deleted, underscoring indicates matter added)
SECTION 1.
Subsection 15.5 of Section 8 of Chapter 1 of Title XV of the Pueblo Municipal Code and
Section 1409 of the Model Traffic Code are hereby amended to read as follows:
(15.5) Section 1409, Compulsory Insurance [Penalty, is repealed].
(a) No owner of a motor vehicle required to be registered in the State of
Colorado shall operate the vehicle or permit it to be operated on the highways within the
City when the owner has failed to have a complying policy or certificate of self- insurance in
full force and effect as required by law.
No person shall operate a motor vehicle on the highways within the City
without a complying policy or certificate of self- insurance in full force and effect as required
by law.
(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 self- insurance in full force and effect as required by law.
Penalties.
Any person who violates the provisions of Subsection (a), (b), or (c)
of this Section commits a Class 1 Municipal offence. The Municipal Court shall impose a
fine of not less than one hundred dollars ($100.00) and the Municipal Court shall not
suspend such minimum fine. Nothing herein shall be construed to prevent the court from
imposing a mail sentence or fine greater than the minimum mandatory fine.
Upon a second or subsequent conviction under this section within a
period of two years following a prior conviction under this section or under section 42 -4-
1409, C.R.S., the defendant shall be punished by a minimum mandatory fine of not less
than two hundred dollars ($200.00), and the Municipal Court shall not suspend such
minimum fine. Nothing herein shall be construed to prevent the court from imposing a fail
sentence or a fine greater than the minimum mandatory fine.
(e) 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 law, when requested to do so by a peace officer, shall constitute
prima facie evidence, at a trial concerning a violation charged under subsection (a) or (b) of
this section. that such owner or operator of a motor vehicle violated subsection (a) or (b) of
this section
No person charged with violating subsection (a), (b), of (c) of this section
shall be convicted if the person produces in court a bona fide complying policy or certificate
of self- insurance that was in full force and effect as reauired by law at the time of the
alleged violation.
& The owner of a motor vehicle, upon receipt of an affirmation of insurance as
described in section 42 -3- 112(2) and (3), C.R.S., shall sign and date such affirmation in the
space provided.
SECTION 2.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED January 10, 2005
BY Michael Occhiato
Councilperson
APPROVED: zz'�'y
PR E CITY C IL
ATTESTED BY:
CITY CLERK
PASSED AND APPROVED January 24. 2005
D � 0 O ad,
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM #
DATE: January 10, 2005
DEPARTMENT: Police Department
TITLE
AN ORDINANCE AMENDING SUBSECTION 15.5 OF SECTION 8 OF CHAPTER 1 OF
TITLE XV, OF THE PUEBLO MUNICIPAL CODE RELATING TO THE MODEL TRAFFIC
CODE, PROHIBITING DRIVING WITHOUT INSURANCE, AND PROVIDING PENALTIES
FOR VIOLATION THEREOF
ISSUE
Should the City Council pass and approve the proposed Ordinance which would allow the
City to enforce through its Municipal Court mandatory automobile insurance requirements
with respect to vehicle driven within the City and which would provide for and permit the
collection of the City's own penalties for such violation?
RECOMMENDATION
The City Council should pass and approve the proposed Ordinance.
BACKGROUND
Historically, municipalities have not prohibited and enforced under its own ordinances
compulsory automobile insurance requirements which are enforceable under state statute
pursuant to §42-4-1409, C.R.S. Recently, however, a number of municipalities have
enacted ordinances which make such violations a crime under their municipal codes and
punishable through their municipal courts. After review, it is the City Attorney's opinion,
subject to concern noted in the October 26, 2004 Memorandum of the City Attorney, that
the City has the authority to adopt this Ordinance.
The following are a few of the benefits which will be achieved by such Ordinance:
(1) Simplicity and economy. With such Ordinance the Police Department will no
longer have to charge and process a defendant through two jurisdictions for
one criminal episode. Presently a defendant who is cited for speeding and
no insurance will receive two tickets, i.e. one for the speeding violation
charged through the Municipal Court, and another ticket for the no insurance
violation charged through the Pueblo County Court; and
(2) Enforcement and economy. Given the simplicity in procedure which govern
municipal violations, the Police Department will be able to more easily
process and enforce such violations.
FINANCIAL IMPACT
Municipal Court fines will be increased.
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