Loading...
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and Traffic), Article 1 of the Fraser Municipal Code (herein sometimes referred to as the "Municipal Code") is hereby repealed and reenacted in its entirety to read as follows: ARTICLE 1 MODEL TRAFFIC CODE 8-1-10: MODEL TRAFFIC CODE ADOPTED: The Town hereby adopts by reference the 2020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 2 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. 3 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 4 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 5