HomeMy Public PortalAboutOrdinance 480 Adopting by Reference the Model Traffic Code TOWN OF FRASER
ORDINANCE NO. 480
SERIES OF 2020
AN ORDINANCE REPEALING AND REENACTING CHAPTER 8 OF TITLE 1 OF
THE FRASER TOWN CODE, REGULATING MOTOR VEHICLES AND TRAFFIC
AND ADOPTING BY REFERENCE THE 2020 EDITION OF THE MODEL
TRAFFIC CODE FOR COLORADO MUNICIPALITIES
WHEREAS, the Town previously adopted the 2009 edition of the Model Traffic Code, with
amendments; and
WHEREAS, the Town Board now wishes to adopt the 2020 edition of the Model Traffic
Code, with amendments.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, THAT:
PART 1: AMENDMENT OF MUNICIPAL CODE.
Chapter 8 (Vehicles and Traffic), Article 1 of the Fraser Municipal Code (herein sometimes
referred to as the "Municipal Code") is hereby repealed and reenacted in its entirety to
read as follows:
ARTICLE 1 MODEL TRAFFIC CODE
8-1-10: MODEL TRAFFIC CODE ADOPTED:
The Town hereby adopts by reference the 2020 edition of the "Model Traffic Code for
Colorado Municipalities", promulgated and published as such by the Colorado
Department of Public Safety, Traffic Engineering Branch, 4201 East Arkansas Avenue,
Denver, CO 80222 (the "MTC"). A copy of the MTC is available for inspection at the
office of the Town Clerk during regular business hours.
8-1-20: APPLICABILITY:
This Chapter shall apply to every street, alley, sidewalk, driveway, park, and every
other public way within the Town, the use of which the Town has the authority to
regulate, provided that Sections 1401, 1402, 1413, and Part 16 of the MTC,
concerning reckless driving, careless driving, eluding a police officer, and
accidents and accident reports, shall apply not only to public ways but also to
private property in the Town.
8-1-30: SPEED LIMITS:
The maximum speed limit on any state or federal highway within Town shall be
thirty-five (35) miles per hour, unless otherwise posted. The maximum speed limit
on all Town streets shall be twenty (20) miles per hour, unless otherwise posted.
Any speed in excess of such limits shall be prima facia evidence that the speed is
not reasonable or prudent and that it is unlawful.
8-1-40: PARKING:
Section 1204 of the MTC is amended by the addition of new Subsections (6), (7),
(8), and (9), to read as follows:
(6) The Town Manager is hereby delegated the authority to determine
the appropriate restrictions on vehicular standing or parking to be applied to
various streets and other public places in the Town and to cause to be posted
official signs to give notice of such restrictions.
(7) Enforcement of any parking restriction may be initiated in any of
the following ways:
(a) A parking ticket may be served by leaving it under the windshield
wiper or otherwise attached to the vehicle, or handing it to the driver or
owner if the driver or owner is present, or mailing by first-class or certified
mail to the address of the vehicle as shown in the motor vehicle
ownership records of the state of registration; or
(b) A summons and complaint may be served on the owner or driver
of the vehicle as provided in the Colorado Municipal Court Rules of Civil
Procedure.
(8) It is unlawful for any person, or any person in charge of any
vehicle to cause or knowingly permit any other person, to drive, stop, or park on
any street or highway within Town, or any Town property, any vehicle that has
been assigned a license plate or plates unless the current registration year is
properly attached to and displayed on the vehicle, in accordance with state law.
8-1-50: IDLING OF MOTOR VEHICLES:
It is unlawful for any person to idle or permit the idling of any motor vehicle for a
period of fifteen (15) minutes or longer.
8-1-60: TURNING:
Section 909(1) of the MTC is amended to read as follows:
(1) The driver of a motor vehicle intending to turn shall do as follows:
(a) Right turns. Both the approach for a right turn and a right turn
shall be made as close as practicable to the right-hand curb or edge of
the roadway; and the turn shall be completed into the right lane or edge of
the roadway on the roadway turned onto; and the vehicle shall remain in
said right lane after the turn for at least one hundred (100) feet before
changing lanes in order to allow a proper lane change signal to be given.
(b) Left turns. The driver of a vehicle intending to turn left shall
approach the turn in the extreme left-hand lane lawfully available to traffic
moving in the direction of travel of such vehicle. Whenever practicable,
the left turn shall be made to the left of the center of the intersection so as
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to leave the intersection or other location in the extreme left hand lane
lawfully available to traffic moving in the same direction as such vehicle
on the roadway being entered and said vehicle shall remain in said lane
after the turn for at least one hundred (100) feet before changing lanes in
order to allow proper lane change signal to be given.
(c) Double turns. Two vehicles turning abreast of one another is
prohibited unless specifically authorized by signs, signals or markings.
(d) The Town may cause official traffic control devices, including
solid white lines, arrows and single or double solid yellow lines, to be
placed and thereby require and direct that a different course from that
specified in this Section be traveled by turning vehicles and, when such
devices are so placed, no driver shall turn a vehicle other than as
directed and required by such devices.
8-1-70: MOTORCYCLES AND MALFUNCTIONING TRAFFIC SIGNALS:
When a driver of a motorcycle approaches an intersection and faces a traffic
control signal that is inoperative, that remains steady red or steady yellow during
several time cycles, or that does not recognize the motorcycle, the driver may
proceed past the signal only with caution, as if the signal were flashing yellow.
8-1-80: ELECTRIC SCOOTERS:
A. For purposes of this Section, electric scooter means any device
that weighs less than one hundred (100) pounds, has handlebars, is powered by
an electric motor, and has a maximum speed of twenty (20) miles per hour on a
paved level surface when powered solely by the electric motor, but the term does
not include an electrical assisted bicycle, electric personal assisted mobility
device, motorcycle, or low-powered scooter.
B. It is unlawful for any person to operate an electric scooter on any
sidewalk in the Town. Electric scooters shall be operated only on roadways in
the bicycle lane, if one is available.
C. A person operating an electric scooter in the Town shall be
subject to the same rules as persons operating bicycles and other human
powered vehicles as set forth in C.R.S. § 42-4-1412.
8-1-90: SNOWPLOWS IN ECHELON FORMATION:
A. For purposes of this Section, echelon formation means a
formation in which snowplows are arranged diagonally, with each unit stationed
behind each other and to the right, or behind and to the left, of the unit ahead.
B. It is unlawful for any person to pass a snowplow operated by a
state, county, or local government in echelon formation.
C. Any person who violates this Section commits a Class A Traffic
Infraction.
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8-1-100: VIOLATION AND PENALTY:
A. It is a criminal traffic offense for any person to violate any of the following
provisions of the MTC:
1. Any offense causing or contributing to an accident resulting in
injury or death to any person;
2. Failure to stop in the event of an accident causing death, personal
injury or property damage;
3. Disregarding the lawful order/direction of a police officer directing
traffic;
4. Reckless driving;
5. Exceeding the speed limit by twenty-five (25) or more miles per
hour;
6. Exhibition of speed or speed contest;
7. Operation of an uninsured motor vehicle upon a public roadway;
8. Eluding or attempting to elude a police officer; and
9. Failure to stop for a stopped school bus displaying flashing red
lights.
B. Except for those violations classified as criminal offenses pursuant
to subsection A, all violations of this Chapter are hereby classified as noncriminal
traffic infractions and shall be deemed to be civil matters. The Colorado
Municipal Court Rules of Procedure shall apply to proceedings in which the
defendant is charged with such a noncriminal traffic infraction, except that no
warrant for arrest shall be issued for the defendant's failure to appear when the
only violation charged would constitute a noncriminal traffic infraction. Instead,
the court may enter a judgment of liability by default against the defendant for
any such failure to appear, assess any penalty and costs established by law, and
report the judgment to the state motor vehicle division which may assess points
against the defendant's driving privileges and may deny an application for or
renewal of the defendant's driver's license until the judgment and all other lawful
costs are satisfied. Further, no writ of mittimus shall issue where the only basis
for the fine and costs imposed was the finding of guilty or liability for a
noncriminal traffic infraction.
C. A defendant charged with a criminal traffic offense, as defined in
subsection A, may demand a trial by jury upon compliance with the provisions of
state law and the Colorado Municipal Court Rules of Procedure. No defendant
shall have a right to a trial by jury for any noncriminal traffic infraction. If a
defendant is charged with more than one traffic violation arising out of the same
incident and at least one of the charged violations is listed in subsection (1), the
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defendant shall have the right to demand a trial by jury as to all offenses, which
shall be consolidated for purposes of trial.
D. The following penalties shall apply to violations this Chapter:
1. A person convicted of a criminal traffic offense shall be punished
as provided in Section 1-4-1(C).
2. A person admitting liability for, pleading no contest to, found guilty
of, or against whom a default judgment has been entered for any
noncriminal traffic infraction shall be punished as provided in Section 1-4-
1(B). No defendant found to be guilty of any noncriminal traffic infraction
shall be punished by imprisonment for such infraction.
PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser
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; provided, however, that such 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.
PART 3: SEVERABILITY, If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser
hereby declares that it would have adopted this Ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases thereof be declared invalid or unconstitutional.
PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30)days after passage,
adoption and publication thereof as provided by law.
PART 5: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
AND SIGNED THIS 5th DAY OF AUGUST, 2020.
Votes in favor: (0 BOARD OF TRUSTEES OF THE
Votes opposed: 0 TOWN • ' - C•L0- A !O
Votes abstained:
BY:
of FR9s� Philip .ndernail, Mayor
\( ER'I!)L ATTEST: —_a.- 11 ( � vkisit,
Antoinette McVeigh, Town Clerk
cO�ORADO
Published in the Middle Park Times on f1 cle ik 1 3� a q01.0
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