HomeMy WebLinkAbout101 - 08/19/2003 - AMENDING THE TRAFFIC CODE RELATING TO COMPULSORY INSURANCE 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WHEREAS, the General Assembly, in Senate Bill 03-239, has repealed and reenacted in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.
(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.
(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.
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(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 law, at the time of the alleged
violation.
Introduced and considered favorably on first reading and order d published this 15th day
of July, A.D. 2003, and to be presented for final passage on the 19tpmy of August, D. 2003.
F
Mayor
TTEST:
City Clerk
Passed and adopted on final reading this 19th day of August, A.D. 2003.
M,2yor
ATTEST:
City Clerk