HomeMy WebLinkAbout1997- 8 Establishing a Traffic Offense for Failure to Provide a Complying Policy or Certificate of Self-InsuranceORDINANCE NO. 8
Series of 1997
AN ORDINANCE ESTABLISHING A TRAFFIC OFFENSE FOR FAILURE TO PROVIDE A
COMPLYING POLICY OR CERTIFICATE OF SELF-INSURANCE.
WHEREAS, the Vail Town Council is acutely aware of the toll in human suffering and
loss of life, limb, and property caused by negligence in the operation of motor vehicles within
the State of Colorado and the Town of Vail; and
WHEREAS, it is recognized that this basic problem can be and is being dealt with by
direct measures designed to protect our people from the ravages of irresponsible drivers, the
Town Council is also very much concerned with the financia! loss visited upon innocent traffic
accident victims by negligent motorists who are financially irresponsible; and
WHEREAS, in prescribing the sanctions and requirements of this ordinance, it is the
policy of the Town of Vail to induce and encourage all motorists to provide for their financial
responsibility for the protection of others.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN 01=
VAIL, COLORADO, THAT:
Section 1.
{1) No owner of a motor vehicle required to be registered in this state shall operate
the vehicle or permit it to be operated an the public highways of the Town of Vail when the
owner 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.
(2) No person shall operate a motor vehicle on the public highways of the Town of
Vail without a complying policy or certificate ofi self-insurance in full force and effect as required
by sections 10-4-705 and 10-4-716, C.R.S.
(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 farce and effect as required by sections 10-4-705 and 10-4-
715, C.R.S.
(4) Any person who violates the provisions of subsection (1), (2}, or (3) of this
section commits a traffic offense.
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(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 sections 10-4-705 and 1D-~4-716, C.R.S., when requested to do so by a peace
officer, shall constitute prima facie evidence, a# a trial concerning a violation charged under
subsection (1) or (2} of this sec#ion, that such owner or operator of a motor vehicle violated
subsection (1) or (2) of this section.
(5) No person charged with violating subsection (1), {2), or {3) of this section shall
be convicted if he 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 10-4T716, C.R.S., a# the
time of the alleged violation,
Section 2.
if any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid, such decision shall not effect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that
any one or more parts, sections, subsections, sentences, clauses or phrases be declared
invalid.
Section 3.
The Town Council hereby finds, determines and declares that this ordinance is necessary and
proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof.
Section 4
The amendment of any provision of the Vail Municipal Code as provided in this ordinance shall
not affect any right which has accrued, any duty imposed, any violation that occurred prior to
the effective date hereo#, any prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the provision amended. The amendment of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
Section 5..
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are
repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution ar ordinance, or part thereof, theretofore repealed,
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INTRODUCED, READ ON FfRST READING, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL, this 1st day of April, 1997. A public hearing on this ordinance shall be held at
the regular meeting of the Tawn Council of the Tawn of Vail, Colorado, on the 15th day of April,
1997, in the Municipal Building of the Town.
Robert W. Armour, Mayor
ATTEST:
~ fc.,l~c
Holly cCutcheon, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED
PUBLISHED (IN FULL) {BY TITLE ONLY THIS 15th DAY OF APRIL, 1937.
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Rob rt W. Armour, Mayor
ATTEST:
Holly cCutcheon, Town Clerk
alord97.B
Ordinance No. 9, Sories of 9997 ~