Ordinance 2005-1471 - Laserfiche WebLink

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Ordinance denied 6/7/05 by a 3-3 vote, with Councilmembers Brown, Marsella, and Mayor Sisk voting no. ORDINANCE NO. 1471 SERIES 2005 AN ORDINANCE AMENDING SECTION 10.04.060 OF THE LOUISVILLE MUNICIPAL CODE TO PROVIDE FOR THE ASSESSMENT OF COURT COSTS WHERE PROOF OF INSURANCE IS PROVIDED TO THE MUNICIPAL COURT. WHEREAS, by Ordinance No, 1428, Series 2003, the City adopted Articles I and II of the 2003 Edition of the Model Traffic Code for Colorado, with amendments thereto; and WHEREAS, violations of the Model Traffic Code as amended and adopted by the City are penalized pursuant to Section 10.04,060 of the Louisville Municipal Code; and WHEREAS, the Model Traffic Code as amended and adopted by the City provides that no person shall be charged for violating compulsory insurance requirements if proof of insurance at the time of the alleged violation is produced in court; and WHEREAS, the City desires to amend Section 10,04.060 of the Louisville Municipal Code to provide for the assessment of court costs against defendants who produce evidence of insurance coverage in court. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. Section 10,04.060 of the Louisville Municipal Code, entitled "Violation, penalty," is hereby amended by the addition of a new subsection E to read as follows: E. The court may assess reasonable court costs against any defendant who is charged with violation of subsection D.7 of this section, for which charge a dismissal or acquittal is obtained as a result of the defendant's production of a bona fide complying insurance policy or certificate of insurance which was in full force and effect at the time of the alleged violation. This assessment of costs is to reimburse the city a portion of the costs incurred as a result of the defendant's failure to have and produce motor vehicle insurance when required to do so by the issuing officer pursuant to law. These costs include but are not limited to the administrative and judicial expenses incurred in processing and handling the summons and determining that the defendant did, in fact, have the insurance as required by law at the time of the alleged violation. Section 2. If any portion of this ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part hereof 1