§ 7.06.030. Verification of emissions test; penalties.

(a)

Counterfeit certifications.

(1)

No person shall make, issue or knowingly use any imitation or deceptively similar or counterfeit certification of emissions control form or verification of emissions test.

(2)

No person shall possess a certification of emissions control or verification of emissions test if he or she knows the same is fictitious, or was issued for another motor vehicle, or was issued without an emissions inspection having been made when required.

(b)

Certification of uninspected or unqualified vehicles.

(1)

No emissions mechanic shall issue a certification or emissions control or verification of emissions test for a vehicle which does not qualify for the certification or verification issued.

(2)

Any emissions mechanic who issues a certification of emissions control or verification of emissions test in violation of Paragraph (1) above is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) or by imprisonment in the county jail not more than one (1) year, or by both such fine and imprisonment.

(c)

Operation of uncertified vehicle.

(1)

Prohibited. No person shall operate a motor vehicle registered or required to be registered in this State or any vehicle otherwise required to display a valid verification of emissions test, nor shall any person allow such a motor vehicle to be parked on public property or on private property available for public use, without such vehicle displaying a valid verification of emissions test. The owner of any motor vehicle which is in violation of this Subsection because it is parked without displaying a valid verification of emissions test shall be responsible for payment of any penalty imposed under this Section, unless such owner proves that the motor vehicle was in the possession of another person without the owner's permission at the time of the violation.

(2)

Enforcement procedure.

a.

Police officers, at any time upon reasonable cause, may require the driver of a vehicle to stop and submit such vehicle to an inspection in order to determine whether such vehicle has a valid verification of emissions test if required by the provisions of Sections 42-4-306.5 to 42-4-320, C.R.S. Police officers, during any traffic investigation, may require the driver of any vehicle involved in such investigation to provide evidence of a valid verification of emissions test. In the event that such vehicle does not have a valid verification of emissions test, the officer may give a written notice and issue a summons to the driver. Such notice shall require that the vehicle comply with the provisions of Sections 42-4-306.5 to 42-4-320, C.R.S.

b.

Every owner or driver, upon receiving the notice and summons issued pursuant to Subparagraph a. above, shall comply therewith and shall secure a certification upon such notice by an inspection and readjustment station that such vehicle conforms to the requirements of Sections 42-4-306.5 to 42-4-320, C.R.S. Such certification shall be returned to the owner or driver for presentation in court as provided for in Paragraphs (3) or (6) below.

(3)

Violation by owner. Any owner who violates any provision of this Section is guilty of a misdemeanor traffic offense and, upon conviction thereof, shall be punished by a fine of fifty dollars ($50.00), payable within thirty (30) days after conviction.

(4)

Violation by nonowner driver. Any nonowner driver who violates any provision of this Section is guilty of a misdemeanor traffic offense and, upon conviction thereof, shall be punished by a fine of fifteen dollars ($15.00), payable within thirty (30) days after conviction.

(5)

Extension of time to comply. Upon a showing of good cause that the required conformity with Sections 42-4-306.5 to 42-4-320, C.R.S., cannot be made within thirty (30) days after issuance of the notice and summons, the court of competent jurisdiction may extend the period of time for conformity as may appear justified.

(6)

Compliance without personal appearance. The owner or driver may, in lieu of appearance, submit to the court of competent jurisdiction, within thirty (30) days after the issuance of the notice and summons, the certification or proof of mailing specified in this Subsection.

(7)

Retention of fines by Town. Any fine collected pursuant to the provisions of this Subsection shall be retained by the Town.

(d)

Definitions. For purposes of this Section:

Certification of emissions control means those certifications defined in Section 42-4-307(2)(1988), C.R.S.

Verification of emissions test means a certificate to be attached to a motor vehicle's windshield verifying that the vehicle has been issued a valid certification of emissions control.

(Ord. 5.30.1 §14, 1993; Ord. 5.06.6 §1, 1990; Ord. 5.06.4 §2(3-133), 1989)