HomeMy WebLinkAbout128 - 11/02/1993 - AMENDING CITY CODE RELATING TO REQUIREMENT OF COMPULSORY INSURANCE FOR MOTOR VEHICLES ORDINANCE NO. 128, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 28-17 OF THE CODE OF
THE CITY OF FORT COLLINS RELATING TO THE ADDITION OF
THE REQUIREMENT OF COMPULSORY INSURANCE FOR 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-
1E of the Code of the City of Fort Collins is hereby amended to add Section 28-
17(23) to the "Model Traffic Code for Colorado Municipalities," 1977 Edition, in
numerical sequence with previous amendments and additions contained in Section
28-17 and renumbered accordingly, to read as follows:
Sec. 28-17. Amendments to the adopted code.
(23) Section 20-20 Compulsory Insurance, is hereby added to read as follows:
"(a) No owner of a motor vehicle required to be registered in
this state shall operate the vehicle or permit it to be
operated on a public street or highway of this city when he or
she has failed to have a complying policy or certificate of
self-insurance in full force and effect as required by
Sections 10-4-705 and 10-4-716, C.R.S
"(b) No person shall operate a motor vehicle on a public
street or highway of this city without a complying policy or
certificate of self-insurance in full force and effect as
required by Sections 10-4-705 and 10-4-716, C.R.S.
"(c) When an accident occurs, or when requested to do so
following any lawful traffic contact or during any traffic
investigation by a police agent, 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
Sections 10-4-705 and 10-4-716, C.R.S.
"(d) Any person who violates the provisions of Subsection
(a) , (b) , or (c) of this Section is guilty of a misdemeanor
traffic offense and, upon conviction thereof, shall be
punished by a fine of not less than One Hundred Dollars
($100.) nor more than One Thousand Dollars ($1000.) , and, in
addition, the court may impose imprisonment for not less than
ten (10) days nor more than one hundred eighty (180) days.
The fine imposed by this Subsection shall be mandatory, and
the court shall not suspend said fine, in whole or in part,
unless it is established that appropriate insurance as
required under Sections 10-4-705 and 10-4-716, C.R.S. , has
been obtained.
"(e) Upon a second or subsequent conviction under this
Section within a period of two (2) years following a prior
conviction under this Section, the defendant shall be punished
by a fine of not less than Two Hundred Dollars ($200.) nor
more than One Thousand Dollars ($1000.), and, in addition, the
court may impose imprisonment in the county jail for not less
than ten (10) days nor more than one hundred eighty (180)
days. The fine imposed by this Subsection shall be mandatory,
and the court shall not suspend said fine, in whole or in
part, unless it is established that appropriate insurance as
required under Sections 10-4-705 and 10-4-716, C.R.S. , has
been obtained.
"(f) 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 Sections 10-4-705 and 10-4-716, C.R.S. ,
when requested to do so by a police agent, 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.
"(g) No person charged with violating Subsection (a) , (b), or
(c) of this Section shall be convicted if he or she produces
in court a bona fide complying policy or certificate of self-
insurance which was in full force and effect, as required by
Sections 10-4-705 and 10-4-716, C.R.S. , at the time of the
alleged violation."
Introduced, considered favorably on first reading, and ordered published
this 19th day of October, A.D. 1993, and to be presented f final passage on the
2nd day of November, A.D. 1993.
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ATTEST: Mayor
C1 Clerk�
Passed and adopted on final reading this 2nd day of November, A.D. 1993.
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ATTEST:
City Clerk