HomeMy WebLinkAbout178 - 12/20/1994 - AMENDING CITY CODE RELATING TO EMISSION INSPECTIONS FOR MOTOR VEHICLES AND VISIBLE EMISSIONS FROM NO ORDINANCE NO. 178, 1994
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 28-17 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO EMISSION INSPECTIONS FOR MOTOR VEHICLES AND VISIBLE
EMISSIONS FROM NON-DIESEL-POWERED MOTOR VEHICLES UNDER THE
"MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES,"
1977 EDITION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 28-17
of the Code of the City of Fort Collins is hereby amended to add sections 19-9
and 19-10 to the "Model Traffic Code for Colorado Municipalities," 1977 Edition,
in numerical sequence with previous amendments and additions contained in Section
28-17, to read as follows:
(19. 1) Section 19-9, Verification of emissions tests, is hereby
added to read as follows:
"SECTION 19-9. Verification of emissions tests. -
"(a) It shall be unlawful for any person to operate within
the city a motor vehicle registered or required to be
registered in this state or any vehicle otherwise
required to display a valid verification of emissions
test as required by Part 3 of Article 4 of Title 42 of
the Colorado Revised Statutes, or to allow such a motor
vehicle to be parked within the city on public property
or on private property available for public use, without
such vehicle displaying a valid verification of
emissions test.
"(b) The owner of any motor vehicle which is in violation of
paragraph (-a) of this section- because it is parked-
without displaying a valid verification of emissions
test shall be responsible for payment of any penalty
imposed under this section. It shall be an affirmative
defense to prosecution under this section that the motor
vehicle was in the possession of another person without
the owner's permission at the time of the violation.
"(c) Police officers, at any time upon reasonable cause, may
require the driver of a vehicle to stop and submit such
vehicle to an inspection in order to determine whether
such vehicle has a valid verification of emissions test
if required by the provisions of Part 3 of Article 4 of
Title 42 of the Colorado Revised Statutes. In the event
that such vehicle does not display a valid verification
of emissions test, the officer shall issue a summons and
complaint to the driver.
"(d) Any vehicle owner who violates any provision of
paragraph (a)_ of this section is guilty of a misdemeanor
traffic offense and, upon conviction thereof, shall be
punished in accordance with §1-15, but in no event shall
any fine imposed be less than fifty dollars ($50.) . Any
nonowner driver who violates any provision of paragraph
(a) of this section is guilty of a misdemeanor traffic
offense and, upon conviction thereof, shall be punished
in accordance with §1-15, but in no event shall any fine
imposed be less than fifteen dollars ($15.) .
"(e) No person shall make, issue, or knowingly use any
imitation or deceptively similar or counterfeit
certification of emissions control form or verification
of emissions test forms. Nor shall any person possess
a certification of emissions control or verification of
emissions test if such person knows the same is
fictitious, or was issued for another motor vehicle, or
was issued without an emissions inspection having been
performed and passed when required by the provisions of
Part 3 of Article 4 of Title 42 of the Colorado Revised
Statutes.
"(f) Any person who violates any provision of paragraph (e)
of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be punished in accordance with
§1-15, but in no event shall any fine imposed be less
than one hundred dollars ($100.) .
"(g) When the terms verification of emissions test and
certification of emissions control are used in this
section, they shafT have the meanings given to them in
the definitional provisions of Part 3 of Article 4 of
Title 42 of the Colorado Revised Statutes."
(19.2) Section 19-10, Visible emissions from non-diesel-powered motor
vehicles, is hereby added to read as follows:
"SECTION 19-10. Visible emissions from non-diesel-powered
motor vehicles. -
"(a) It shall be unlawful for any person to cause or permit
the emission of any visible air pollutant into the
atmosphere from any motor vehicle powered by gasoline or
any fuel other than diesel .
"(b) As used in this section, "air pollutant" shall mean any
fume, smoke, particulate matter, vapor, or gas or any
combination thereof which is emitted into or otherwise
enters the atmosphere, including, but not limited to,
any physical , chemical , biological , radioactive
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(including source material , special nuclear material ,
and by-product materials) substance or matter, but "air
pollutant" shall not include water vapor or steam
condensate or any other emission exempted by the
Colorado Air Quality Control Commission established
pursuant to § 25-7-104, C.R.S. , as consistent with the
Federal Clean Air Act. Such term shall include any
precursors to the formation of any air pollutant, to the
extent the administrator of the United States
Environmental Protection Agency or the Colorado Air
Quality Control Commission has identified such precursor
or precursors for the particular purpose for which the
term "air pollutant" is used.
"(c) Violations of this section may be determined by a peace
officer's visual observations.
"(d) The provisions of paragraph (a) of this section shall
not apply to emissions of an air pollutant caused by
cold engine start up-.
"(e) Any person who violates the provisions of paragraph (a)
of this section is guilty of a misdemeanor traffic
offense and, upon conviction thereof, shall be punished
in accordance with §1-15, but in no event shall any fine
imposed be less than fifty dollars (E50.) ."
Introduced, considered favorably on first reading, and ordered published
this 6th day of December, A.D. 1994, and to be presen r final pa on the
20th day of December, A.D. 1994.
ayor
ATTEST: 1n\
uAl kA�A
City Clerk
Passed and adopted on final reading th=20thyDecember, 1994.
ayor
ATTEST: �
V U � City Clerk
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