Ordinance Number 236

An ordinance to amend Town of Deer Trail Ordinance No. 233 relating to the definition of junked and or inoperable motor vehicles. 

Whereas, Colorado Revised Statutes 31-15-401 gives to the governing body of each municipality the power and authority to pass and enforce all necessary police ordinances for the general welfare of the Town residents; to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease; and to declare what is a nuisance and to abate the same and to impose fines upon parties who may create or continue nuisances or suffer nuisances to exist; and 

Whereas, the Board of Trustees for the Town of Deer Trail, Arapahoe County, Colorado, hereinafter referred to as the "Board," has determined that a portion of Ordinance No. 233 should be amended for purposes of clarity and effect.

Now, therefore be it ordained by the Board of Trustees of the Town of Deer Trail, Colorado:

Section 1. Amendment of Ordinance No. 233 and Applicable Previous Ordinances

Upon the adoption of this Ordinance, Section 4, 4-1(c) shall be amended to state as follows:

  1. "Junked or inoperable motor vehicle shall mean any automobile, truck, tractor, motorcycle, or self-propelled vehicle which is in a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned, or unable to perform the function or purpose for which it was originally constructed. The existence of any of the following conditions shall raise the presumption that a vehicle is inoperable:
    • The vehicle does not bear current and valid license plates with effective registration evidence upon the plates of the vehicle.
    • The vehicle cannot travel under its own power in its existing condition meaning that the vehicle cannot be started, or when started, stopped, driven forward and backward, with all tires inflated.
    • The placement of the vehicle or parts thereof upon jacks, blocks, chains, or other supports.
    • The absence of one (1) or more parts of the vehicle necessary for the lawful operation of the vehicle upon the streets and highways.

Section 2. Validity

If any part or parts of this Ordinance are for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this Ordinance. The Board hereby declares that it would have passed this ordinance and each part or parts thereof, irrespective of the fact that any part or parts be declared invalid.

Section 3. Repeal

Existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any Ordinance hereby repealed prior to the taking effect of this Ordinance.

Section 4. Emergency Exists

This Board has determined that if this Ordinance is not approved, passed, and effective as of the date of the regular meeting, as reflected in signature below, that enforcement of ordinance No. 233 may be hampered by conflicting interpretations thereof. Accordingly, the Board has determined that an emergency exists and ordains that this ordinance shall take effect immediately upon passage.

Adopted and approved this second day of January 2007.

James F. Johnson, Mayor
Town of Deer Trail. Colorado

Attest: Patti K. Owens, Town Clerk