Ordinance NO. 2012-3

BEFORE THE TOWN COUNCIL
TOWN OF MOUNTAIN VIEW
STATE OF COLORADO

ORDINANCE NO. 2012-3

TITLE: AN ORDINANCE AMENDING SECTIONS 8-1-10 AND 8-11-90 OF THE MOUNTAIN VIEW MUNICIPAL CODE CONCERNING THE DEFINITION OF LOW-POWER SCOOTER AND CONCERNING COMPULSORY INSURANCE AND IMPOSING PENALTIES

WHEREAS, Section 8-1-10 of the Mountain View Municipal Code (the “Code”) does not include a definition for “low-power scooter”;

WHEREAS, Section 8-11-90 of the Code presently references Colorado Revised Statutes sections that have been repealed and is not current with state law; and

WHEREAS, the Town Council desires the Code to be current state law.

NOW, THEREFORE, THE COUNCIL OF THE TOWN OF MOUNTAIN VIEW, COLORADO, ORDAINS THAT:

Section 1. Section 8-1-10 of the Town Code is hereby amended to include the following definition:

Low-power scooter means a self-propelled vehicle designed primarily for use on the roadways with not more than three wheels in contact with the ground, no manual clutch, and either of the following:

I) A cylinder capacity not exceeding fifty cubic centimeters if powered by internal combustion; or

II) A wattage not exceeding four thousand four hundred seventy-six if powered by electricity.

(b) “Low-power scooter” shall not include a toy vehicle, bicycle, electrical assisted bicycle, wheelchair, or any device designed to assist mobility-impaired people who use pedestrian rights-of-way.

Section 2. Section 8-11-90 of the Town Code is hereby repealed and reenacted to read as follows:

Sec. 8-11-90. Compulsory insurance – PENALTIES.

a) No owner of a motor vehicle or low-power scooter required to be registered in this state shall operate the vehicle .or permit it to be operated on the public highways when the owner has failed to have a complying policy or certificate of self-insurance in full force and effect as required by law.

b) No person shall operate a motor vehicle or low-power scooter on the public highways without a complying policy or certificate of self-insurance in full force and effect as required by law.

c) 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 or low-power scooter 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 law.

d) Any person who violates the provisions of Subsection (a), (b) or (c) above commits a traffic offense.

e) Testimony of the failure of any owner or operator of a motor vehicle or low-power scooter to present immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law when requested to do so by a peace officer, 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.

f) No person charged with violating subsection (a), (b), or (c) of this Section shall be convicted if the person produces in court a bona fide complying policy or certificate of self-insurance which was in full force and effect, as required by law at the time of the alleged violation.
Section 3. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Mountain View, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that this Ordinance bears a rational relation to the proper legislative object sought to be attained.

Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.

Section 5. Effective Date. This Ordinance shall become effective ten (1O) days after passage.

 
INTRODUCED, FIRST READ, PASSED AND ORDERED POSTED ON FIRST READING THIS 9TH DAY OF APRIL, 2012

PASSED, ADOPTED, AND APPROVED ON SECOND READING THIS 14TH DAY OF MAY, 2012