|
|
|
 |
VEHICLES-GASOLINE-POWERED ENGINES REGULATED
Sections:
10.58.010 Visible emissions from diesel-powered motor vehicles
unlawful.
10.58.020 Air pollution violations.
10.58.030 Definitions.
10.58.010 Visible emissions from diesel-powered motor
vehicles unlawful.
A. No owner or operator of a diesel-powered vehicle shall cause or knowingly
permit the emission from such vehicle of any visible air contaminants which
exceed the emission level as described in Section 42-4-412(2)(a), C.R.S.
B. Any owner or operator of a diesel-powered motor vehicle receiving a summons
and complaint issued pursuant to subsection A of this section shall secure a
certification of opacity compliance from a state emissions technical center
that such vehicle conforms to the requirements of this section. Said certification
shall be returned to the owner or operator for presentation in court as provided
in subsection C of this section.
C. Any owner who violates any provision of this section is guilty of a Class
4 traffic offense and, upon conviction thereof, except as provided in subdivision
(1) or (2) of this subsection, shall be punished by a fine of one hundred dollars.
1. If the owner conforms to the requirements of this section and presents the
certification required in subsection B of this section to the municipal court,
he shall be punished by a fine of one hundred dollars.
2. If the owner submits to the municipal court proof that he has disposed of
the vehicle for junk parts or immobilized the vehicle and if he also submits
the registration and license plates for the vehicle to the municipal court,
he shall be punished by a fine of twenty-five dollars.
D. Any nonowner operator who violates any provision of this section is guilty
of a Class 4 traffic offense and, upon conviction thereof, except as provided
in subdivision (1) of this subsection, shall be punished by a fine of one hundred
dollars.
1. If the operator submits to the municipal court within fifteen days after
the issuance of the summons proof that he was not the owner of the vehicle at
the time the summons was issued and that he mailed, within five days after issuance
thereof, a copy of the notice and summons by certified mail to the owner of
the vehicle at the address on the registration, he shall be punished by a fine
of twenty-five dollars.
2. Upon a showing of good cause that compliance with this section cannot be
made within fifteen days after issuance of the summons and complaint, the municipal
court may extend the period of time for compliance as may appear justified.
E. Violations of this section may be determined by visual observations of a
police agent who is certified by the Department of Health as trained to ascertain
violations of such standards without reference to opacity levels and to distinguish
between air contaminants, and steam or water vapor.
F. The provisions of this section shall not apply to emissions caused by cold
engine start-up. (Ord. O-97-62 § 43, 1997; Ord. O-87-87 § 7, 1987;
Ord. O-80-19 § 1 (part), 1980).
10.58.020 Air pollution violations.
A. It is unlawful for any person to drive or for the owner to cause or knowingly
permit to be driven any motor vehicle, powered by gasoline or any fuel except
diesel, which emits any visible air contaminants.
B. The provisions of this section shall not apply to motor vehicles empowered
by diesel engines or to emissions caused by cold-engine start-ups.
C. Violations of this section may be determined by visual observations or by
test procedures using opacity measurements.
D. Any person who violates any provision of this section is guilty of a Class
4 traffic offense, and upon conviction thereof, except as provided in subdivision
(1) or subdivision (2) of this subsection, shall be punished by a fine of twenty-five
dollars. For subsequent offenses, the fine is one hundred dollars.
1. If the owner presents to the municipal court an affidavit that the vehicle
has been disposed of in such a manner that it will no longer be operated on
the highways, together with the registration card and license plates of such
vehicle, the fine shall be suspended.
2. Upon presentation of an affidavit of the owner that such vehicle has been
repaired prior to the date set for appearance upon the charge, which appearance
date shall be at least fifteen days after the alleged offense, stating the date,
location, and nature of repairs made, together with the name of the person making
said repairs, and that the vehicle is not in violation of the provisions of
this section when in normal operation, the fine shall be suspended.
3. Upon presentation of an affidavit of the owner that such vehicle is being
repaired, the municipal court may extend the period of time for compliance as
may appear justified. (Ord. O-97-62 § 44, 1997; Ord. O-94-34 § 18,
1994; Ord. O-87-87 § 8, 1987; Ord. O-80-19 § 1 (part), 1980).
10.58.030 Definitions.
The following definitions shall apply in the interpretation and enforcement
of this chapter:
"Air contaminant" or "air pollution" means any fumes, smoke,
particulate matter, vapor, or gas or any combination thereof which is emitted
into or otherwise enters the atmosphere, including, but not limited to, any
physical, chemical, biological, radioactive (including source material, special
nuclear material, and by-product material) substance or matter, but "air
pollutant" does not include a water vapor or steam condensate.
"Emission" or "emit" means a discharge or release of one
or more air contaminants into the atmosphere.
"Opacity" means the degree to which an air contaminant emission obscures
the view of a trained observer, expressed in percentage of the obscuration or
the percentage to which transmittance of light is reduced by an air contaminant
emission. (Ord. O-87-87 § 9, 1987; Ord. O-80-19 § 1 (part), 1980).
 |
||
Americans with Disability Act (ADA) Notice |
||
