HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/15/2003 - FIRST READING OF ORDINANCE NO. 101, 2003, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 15
FORT COLLINS CITY COUNCIL DATE: July 15, 2003FROM:
Jeff O'Brien
SUBJECT :
First Reading of Ordinance No. 101, 2003, Amending Section 1409 of the Fort Collins Traffic
Code Relating to Compulsory Insurance.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
The Colorado General Assembly, in Senate Bill 03-239, amended the State law pertaining to
compulsory insurance by repealing and reenacting in a new section. Current citations to
Colorado Revised Statutes contained in the FCTC are therefore no longer correct and need to be
40 updated consistent with the State statutes. There are no substantive changes to the compulsory
insurance section of the Fort Collins Traffic Code by this amendment.
• ORDINANCE NO. 101, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 1409 OF THE FORT COLLINS
TRAFFIC CODE RELATING TO COMPULSORY INSURANCE
WHEREAS, on February 18, 2003, by Ordinance No. 16, 2003, the Council of the City
of Fort Collins adopted the Fort Collins Traffic Code (the "Traffic Code"); and
WHEREAS, at the time of the adoption of the Traffic Code, it was the understanding of
staff and Council that the Traffic Code would most likely be subject to future amendments, not
only for the purpose of clarification and correction of errors, but also for the purpose of ensuring
that the Traffic Code remains consistent with State traffic laws; and
WHEREAS, the General Assembly, in Senate Bill 03-239, has repealed and reenacted in
a new location, certain State provisions relating to compulsory motor vehicle insurance; and
WHEREAS, the Council has determined that the Traffic Code amendments which have
been proposed are in the best interest of the City and its citizens; and
WHEREAS, it is Councils' desire to amend the compulsory insurance provisions of the
Traffic Code to reflect the changes made by the General Assembly.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 1409 of the Fort Collins Traffic Code is hereby amended to read
as follows:
(1) No owner of a motor vehicle required to be registered in this State
shall operate the vehicle or permit it to be operated on the public
streets or highways in 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."__ _ __ 10-4-705 and ,. . 6,
(2) No person shall operate a motor vehicle on the public street or
highways in the City without a complying policy or certificate of
self-insurance in full force and effect as required by law�eeriens
(3) 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. .
1
(4) Any person who violates the provisions of Subsection (1), (2) or
(3)of this Section commits a violation of this Traffic Code.
(5) 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 (1) or (2) of
this Section, that such owner or operator of a motor vehicle
violated Subsection (1) or(2) of this Section.
(6) No person charged with violating Subsection (1), (2) or (3) of this
Section shall be convicted if such person produces in court a bona
fide complying policy or certificate of self-insurance which was in
full force and effect, as required by -
9S-law, at the time of the alleged violation.
Introduced and considered favorably on first reading and ordered published this 15th day
of July, A.D. 2003, and to be presented for final passage on the 19th day of August, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of August, A.D. 2003.
Mayor
ATTEST:
City Clerk