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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. 1 ~~ (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, 2 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. ~.. Rob rt W. Armour, Mayor ATTEST: Holly cCutcheon, Town Clerk alord97.B Ordinance No. 9, Sories of 9997 ~