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TC Ord. No. 2002-26 Amending title 10 of the muni code of the TOA relating to vehicle registration and providing penalties for the violation hereofTOWN OF AVON, COLORADO ORDINANCE NO. 02-26 SERIES OF 2002 AN ORDINANCE AMENDING TITLE 10 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO VEHICLE REGISTRATION; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,COLORADO: Section 1. Title 10 of the Municipal Code of the Town of Avon is amended by the addition of a Chapter 10.28 providing as follows: "Chapter 10.28 VEHICLE REGISTRATION 10.28.010. Registration required. (a) It is an offense for any person who owns a motor vehicle, trailer, semitrailer or vehicle which is primarily designed to be operated or drawn upon any highway, or who owns a trailer coach or mobile machinery whether or not it is operated on a highway within forty-five (45) days after the purchase of such vehicle to fail to apply and obtain registration therefor, except when an owner is permitted to operate a vehicle tinder the special provisions of Section 42-3-103 C.R.S. (b) It is an offense for any owner, operator or occupant of a vehicle which is or has been duly registered for the current year in another state or country of which such owner, operator or occupant has been a resident, to become a resident of this State and to fail to immediately apply for and obtain registration for such vehicle this State. 10.28.020 Registration card in vehicle. It is an offense for any person driving a motor vehicle to fail to have in his possession or carry in the vehicle a current registration card issued for the vehicle, available for inspection by any peace officer. 10.28.030. No number plates attached. (a) It is an offense for any person in control of a self-propelled motor vehicle to fail to attach to such motor vehicle number plates during the current registration year, one in the front and the other in the rear. The number plate assigned to a motorcycle, trailer or semitrailer or any other vehicle drawn by a motor vehicle or any item of mobile machinery or self propelled construction equipment shall be attached to the rear thereof. (b) It is an offense for any person in control of any vehicle described in this Subsection to fail to securely fasten each number plate to the vehicle to which it is assigned so as to prevent the plate from swinging and so that it is horizontal at a height not less than twelve (12) inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, free from foreign materials and in a clearly legible condition. (c) It is an offense for any person in control of any vehicle described in this Subsection to knowingly display or affix to such vehicle any number plates or temporary registration permit that is not issued by the State for the specific vehicle to which the number plate or temporary registration permit is attached, except as provided for in Section 42-3-103 C.R.S. (d) It is an offense for any person: 1) To knowingly display, cause or permit to be displayed or to have in his possession any certificate of title registration number plate, knowing the same to be fictitious or to have been cancelled, revoked, suspended or altered; (2) To lend to or knowingly permit the use by one not entitled thereto any certificate of title registration card or registration number plate issued to the person so lending or permitting the use thereof-, 3) To use a false or fictitious name or address in any application for the registration of any vehicle or for any renewal or duplicate thereof or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application; (4) To use or permit the use of any noncommercial or recreational vehicle to transport cargo or passengers for profit or hire or in any business or commercial enterprise. 10.28.040. Expired number plates/ temporary permit. It is an offense for any person who owns, operates or is in control of any motor vehicle to fail to display license plates or a temporary registration permit other than those of the registration period to which they pertain." Section 2. It is unlawful for any person to violate any of the provisions of this Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year or by both such fine and imprisonment. The municipal court is authorized to establish a schedule of fines to be imposed for violations of this Ordinance. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 10th day of December, 2002, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 14th day of January, 2003, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. rz 1;~ n aT ATTEST: \ ° o,...00,.. To Cl k a%& - ".Q,- Mayor INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the LI 'A day of a n , 2003. 71 (J- &~A • Mayor ATTEST: ~~at1®F Ayf lJ~~ c g To Cl rk APPROVED AS TO FORM: -)~u k- Town ttorney STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO ADOPTED ON THE 14TH DAY OF JANUARY 2003 THE FOLLOWING ORDINANCES: Ordinance No. 02-23, Series of 2002 - Amending Title 9 of the Municipal Code of the Town of Avon relating to Bail Bond Condition Violations; and Providing Penalties for the Violation Hereof. Ordinance No. 02-24, Series of 2002 - Amending Title 10 of the Municipal Code of the Town of Avon Relating to Driver Licenses; and Providing Penalties for the Violation Hereof. Ordinance No. 02-25, Series of 2002 -Amending Title 9 of the Municipal Code of the Town of Avon Relating to Restraining Order Violations; and Providing Penalties for the Violation Hereof. Ordinance No. 02-26, Series of 2002 - Amending Title 10 of the Municipal Code of the Town of Avon Relating to Vehicle Registration; and Providing for the Violation Hereof. A copy of said Ordinances are attached hereto, and are also on file at the office of the Town Clerk, and may be inspected during regular business hours. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 16th day of January 2003. TOWN OF AVON, COLORADO BY: Pat(y M Kenny To Jerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY 16,2003: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY MEMORANDUM To: Honorable Mayor and Council Thru: Larry Brooks, Town Manager From: Jeff Layman, Chief of Police Date: December 4, 2002 Re: Vehicle Registration Violations Summary: Vehicle registration violations are currently written into Eagle County Court. This ordinance provides for them to be handled in municipal court. Revenue collected in these cases would then be deposited into the Town of Avon's General Fund rather than collected by the county. We anticipate the revenue for one year to be less than $1000 and the time spent by the court at approximately two hours. These violations include failure to have the registration card in the vehicle, failure to have number plates attached to the vehicle, expiration of the number plates and other related offenses. Discussion: While researching revenue-producing ideas within the police department, it was suggested that we create a new town ordinance allowing officers to write vehicle registration driver's license violations into municipal court. The town would collect revenue generated by fines and fees, with little effort expended. Judge Buck Allen, prosecutor Inga Causey and Town Attorney John Dunn have all provided counsel in the development of this ordinance. Mr. Dunn wrote. the ordinance. Over the last year, the police department has written 15 citations for this violation. All of them have been charged in Eagle County Court. We estimate the fines and fees for each violation to average $30 to $60. Financial Implications: The time police officers spend on these cases would not be impacted. It is anticipated that the court would spend approximately 10 minutes processing each charge. Although extremely unlikely, a court challenge would add a considerable'amount of time to this figure. The town would collect fines and fees of approximately $30 to $60 on each charge. Recommendation: It is recommended that the council approve this ordinance. It will make it possible for vehicle registration violations to be written into municipal court and, like its companion ordinances on driver's license violations, will provide a small revenue stream. Alternatives: The alternative is to continue as we are doing now, with all of these violations written into county court. Proposed motion: "I move to approve Ordinance Number 02-26." Town Manager Comments: TOWN OF AVON, COLORADO ORDINANCE NO. 02-26 SERIES OF 2002 AN ORDINANCE AMENDING TITLE 10 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO VEHICLE REGISTRATION; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Title 10 of the Municipal Code of the Town of Avon is amended by the addition of a Chapter 10.28 providing as follows: "Chapter 10.28 VEHICLE REGISTRATION 10.28.010. Registration required. (a) It is an offense for any person who owns a motor vehicle, trailer, semitrailer or vehicle which is primarily designed to be operated or drawn upon any highway, or who owns a trailer coach or mobile machinery whether or not it is operated on a highway within forty-five (45) days after the purchase of such vehicle to fail to apply and obtain registration therefor, except when an owner is permitted to operate a vehicle tinder the special provisions of Section 42-3-103 C.R.S. (b) It is an offense for any owner, operator or occupant of a vehicle which is or has been duly registered for the current year in another state or country of which such owner, operator or occupant has been a resident, to become a resident of this State and to fail to immediately apply for and obtain registration for such vehicle this State. 10.28.020 Registration card in vehicle. It is an offense for any person driving a motor vehicle to fail to have in his possession or carry in the vehicle a current registration card issued for the vehicle, available for inspection by any peace officer. 10.28.030. No number plates attached. (a) It is an offense for any person in control of a self-propelled motor vehicle to fail to attach to such motor vehicle number plates during the current registration year, one in the front and the other in the rear. The number plate assigned to a motorcycle, trailer or semitrailer or any other vehicle drawn by a motor vehicle or any item of mobile machinery or self propelled construction equipment shall be attached to the rear thereof. (b) It is an offense for any person in control of any vehicle described in this Subsection to fail to securely fasten each number plate to the vehicle to which it is assigned so as to prevent the plate from swinging and so that it is horizontal at a height not less than twelve (12) inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, free from foreign materials and in a clearly legible condition.