HomeMy Public PortalAboutOrdinance #199TOWN OF FRASER
ORDINANCE NO.
AN ORDINANCE DECRIMINALIZING TRAFFIC INFRACTIONS; DELETING THE
AVAILABILITY OF JURY TRIALS AND JAIL SENTENCES FOR SUCH
VIOLATIONS; AND MAKING CONFORMING AMENDMENTS TO THE CODE OF ins
TOWN OF FRASER.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, THAT:
PART 1: AMENDMENT OF TOWN CODE. Chapter 9, Article 9-1 of the
Code of the Town of Fraser, Colorado is hereby amended as
follows:
(A) The following Sections of the Code are renumbered as
indicated:
(1) Section 9-1-6 is renumbered as Section 9-1-7;
(2) Section 9-1-5 is renumbered as Section 9-1-6; and
(3) Section 9-1-4 is renumbered as Section 9-1-5;
(B) Section 9-1-3 of the Code is renumbered as Section
9-1-4 and is amended to read as follows:
Section 9-1-4. Penalties.
(1) The following penalties shall apply to traffic offenses and
infractions under this Article:
(a) Any person convicted of a criminal traffic offense,
as defined in Section 9-1-3(1), shall be punished by a
fine not exceeding Three Hundred Dollars ($300.00), or by
imprisonment for not exceeding ninety (90) days, or by
both such fine and imprisonment;
(b) Any person admitting liability for, found to be
guilty of, or against whom a default judgement has been
entered for any noncriminal traffic infraction, as defined
in Section 9-1-3(2), shall be fined in an amount not
exceeding Three Hundred Dollars ($300.00). No defendant
found to be guilty of any noncriminal traffic infraction
shall be punished by imprisonment for such infraction.
(C) A new Section 9-1-3 is added to the Code, which shall
read as follows:
Section 9-1-3. Civil and Criminal Violations: Riaht to Jury
Trial.
(1) It is a criminal traffic offense for any person to violate
any of the following provisions of the "Model Traffic Code for
Colorado Municipalities" as adopted by the Town of Fraser:
(a) Section 3-6(a), Stopping for school buses;
(b) Section 4-1(a), Basic (speed) rule, only where the
speed alleged is greater than 20 miles per hour over the
lawful speed limit;
(c) Section 4-6, Speed contest;
(d) Section 5-1, Reckless driving;
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(e) Section 5-2, Careless driving;
(f) Section 21-13, Eluding or attempting to elude a
police officer.
(2) Except for those violations classified as criminal offenses
pursuant to subsection (1), all violations of this Article or of
the "Model Traffic Code for Colorado Municipalities" as adopted
by the Town of Fraser are hereby classified as noncriminal
traffic infractions which 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 judgement of
liability by default against the defendant for any such failure
to appear; assess any penalty and costs established by law; and
report the judgement 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 judgement 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.
(3) Any defendant charged with a criminal traffic offense, as
defined in subsection (1), shall have the right to demand a trial
by jury upon compliance with the provisions of State law and the
Colorado Municipal Court Rules of Procedure. ATo defendant shall
have a right to a trial by jury for any noncriminal traffic
infraction, as defined in subsection (2). In the event that 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) above, the defendant shall
have the right to demand a trial by jury as to all such offenses,
which shall be consolidated for purposes of trial.
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 or 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 of thereof as
provided by law.
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READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY •rn~; BOARD OF
TRUSTEES _, AN~ SIGNED THIS ,°7 day of
~~~ ~/ , 1993. '
BOARD OF TRUSTEES OF •rn~
TOWN OF FRASER, COLORADO
BY:
~~ ~ • Jensen, Mayor
ATTE T:
( S E A L ) a/~ ~
Via Winter, Town clerk
Published in the Winter Park Manifest on , 1993.
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