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HomeMy WebLinkAboutORD.2935.09-17-2001BILL NO. 2001-179 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 16-33 OF THE CITY CODE, RELATING TO MOTORCYCLES SAFETY TRUST FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 16-33 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Same --Motorcycles safety trust fund", reading as follows: Sec. 16-33. Same --Motorcycles safety trust fund. (a) Any person who has been convicted of violating an ordinance of this city as an operator of a motorcycle or motortricycle shall be assessed additional court costs of five dollars ($5.00). Any motor vehicle operator who has been convicted of violating an ordinance of this city where the violation involves a motorcycle or motortricycle or where the operator causes an accident involving a motorcycle or motortricycle shall be assessed additional court costs of five dollars ($5.00). (b) Each court cost assessed under this section shall be doubled if the operator at fault violated any state law or local ordinance relating to the consumption of alcohol. (c) The court costs collected under this section by the clerks of the courts shall be paid into the state treasury to the credit of the motorcycle safety trust fund created in this section. (d) The court costs authorized in this section shall be in addition to all other court costs authorized by state statute or by the City Code of Cape Girardeau, Missouri. These additional court costs shall be assessed by the official of the municipal court responsible for collecting court costs and fines. (e) The provisions of this section shall terminate on August 28, 2002. is,,hereby repealed in its entirety, and a new Section 16-33 entitled "Same --Motorcycles safety trust fund" is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 16-33. Same --Motorcycles safety trust fund. (a) Any person who has been convicted of violating an ordinance of this city as an operator of a motorcycle or motortricycle shall be assessed additional court costs of five dollars ($5.00). Any motor vehicle operator who has been convicted of violating an ordinance of this city where the violation involves a motorcycle or motortricycle or where the operator causes an accident involving a motorcycle or motortricycle shall be assessed additional court costs of five dollars ($5.00). (b) Each court cost assessed under this section shall be doubled if the operator at fault violated any state law or local ordinance relating to the consumption of alcohol. (c) The court costs collected under this section by the clerks of the courts shall be paid into the state treasury to the credit of the motorcycle safety trust fund created in this section. (d) The court costs authorized in this section shall be in addition to all other court costs authorized by state statute or by the City Code of Cape Girardeau, Missouri. These additional court costs shall be assessed by the official of the municipal court responsible for collecting court costs and fines. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. Y ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS 20 / . ATTEST: Gayle Conrad, City Clerk DAY OF