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Home My Public Portal AboutOrdinance #319TOWN OF ERASER ORDINANCE NO. 319 Series 2006 AN ORDINANCE AMENDING CHAPTER 9, ARTICLE 9-1 OF THE CODE OF THE TOWN OF ERASER, COLORADO, WITH RESPECT TO CERTAIN TRAFFIC REGULATIONS APPLICABLE IN THE TOWN OF ERASER. WHEREAS, by Ordinance 302, Series 2005, the Town of Fraser previously adopted the 2003 edition of the Model Traffic Code, with certain local amendments, as provided in Chapter 9, Article 9-1 of the Fraser Town Code; and WHEREAS, the Board of Trustees has determined that certain modifications should be made to the traffic regulations applicable within the Town, as provided in this Ordinance, in the interests of the public health, safety and welfare. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ERASER, COLORADO, AS FOLLOWS: PART 1: AMENDMENT OF TOWN CODE. Chapter 9 (Traffic), Article 9-1 (Model Traffic Code} of the Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Town Code") is hereby amended as follows [Note: additions are shown in bold underlined print; deletions are shown as s~ print; the notation "No Change" indicates that the referenced provisions are not modified]: 1;1 Section 9-1-2 (Additions and Modifications), Subsection 9-1-2(1) of the Town Code is amended to read as follows: (a) Article I, Section 1701(1) of the Model Traffic Code is hereby amended to read as follows: It is a traffic infraction for any person to violate any of the provisions of this Code unless such violation is, by any provisions of this Code or by any other law of this state, declared to be a misdemeanor traffic offense. Such a traffic infraction shall constitute a civil matter. A person charged with a traffic infraction shall be issued a penalty assessment notice in accordance with Section 1709 of the Model Traffic Code, as adopted by the Town of Fraser. (b) Article I, Section 1709 of the Model Traffic Code is amended by the addition of new subsections (6), (7), (8) and (9), which shall read as follows: (6) - (7) [No Change] ýÿ (8) Should the defendant charged by a penalty assessment notice accept the notice but fail to pay the prescribed penalty thereon within twenty (20) days thereafter, he or she shall be allowed to pay such penalty thereon "Ma`s-~}~~ ~' ""` " "`" "-- - ~' `"'' ` ~- _ to the clerk of the Fraser Municipal Court prior to the time for appearance as specified in the notice. (9) The provisions of Section 42-2-127(5.5), Colorado Revised Statutes, are hereby made applicable to penalty assessment notices issued pursuant to this Article, as follows: (a) If a person receives a penalty assessment notice for a violation under Section 1701 of the Model Traffic Code, as adopted by the Town of Fraser, and such person pays the fine and surcharge for the violation within twenty f201 days from the date the citation is issued, the points assessed for the violation are reduced as follows: (i) - (ii) [No Change] (c) In accordance with the provisions of Article I, Sections 1101 and 1102 of the Model Traffic Code, the absolute speed limits applicable to various streets or portions of streets within the Town shall be established and may be amended from time to time , by resolution of the Board of Trustees. _--~ - - [Remainder of Subsection Deleted] (dl Article I. Section 1204 of the Model Traffic Code is amended by the addition of new subsections (61 and (71, which shall read as follows: t61 The Fraser Public Works Director or his or her designee is hereby , delegated the authority and responsibility to determine the appropriate restrictions , or prohibitions on vehicular standing or narking to be applied to various streets and other public places within the Town of Fraser and to Host or cause to be posted official suns to give notice of such restrictions or prohibitions.. (71 Police officers of the Town are authorized to issue a citation and may immediately remove. or cause to be removed. a vehicle parked or stopped in violation of this Section or the suns posted in accordance herewith. 1_2 Section 9-1-3 (Civil and Criminal Violations; Right to Jury Trial), Subsection 9-1-3(1) of the Town Code is amended to read as follows: -2- ýÿ (1) It is a criminal traffic offense for any person to violate any of the following provisions of Article I of the "Model Traffic Code" as adopted by the Town of Fraser: (a) Section 107, Disre~ardine a police officer directins traffic; b~ Section 1101(1), Speed limits, where the violation charged is driving more than twenty (20) miles per hour in excess of the reasonable and prudent speed or in excess of the lawful speed limit; ~ Section 1105, Speed contests; Section 1401, Reckless driving; ~ Section 1402, Careless driving; ~f Section 1409.Ooeration of an uninsured motor vehicle ~ Section 1413, Eluding or attempting to elude a police officer; Section 1716, Failure to obev summons:. Section 1903(1), Failure to stow for school bus. 1_3 Section 9-1-5 of the Town Code is amended to read as follows: Section 9-1-5. Annlication. (1) This Article and the Model Traffic Code adopted herein shall apply to every street, alley, sidewalk area, driveway, park and to every other public way or public place or public parking area, either within or outside the corporate limits of the Town of Fraser, the use of which the Town of Fraser has jurisdiction over and authority to regulate. The provisions of Article I,, sections 1401, 1402, 1413 of the Model Traffic Code, respectively, concerning reckless driving, careless driving, wat'_~-~~ .-i~~a; and eluding a police officer, shall apply not only to public places and ways but also throughout the Town of Fraser. PART 2: PENALTY CLAUSES. The following section of the Code of the Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is herewith set forth in full and hereby enacted: Section 9-1-4. Penalties. (1) The following penalties shall apply to traffic offenses and infractions under this Article: -3- (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 judgment 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. PART 3: 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 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance or the said Codes adopted herein is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality ofthe remaining portions of this Ordinance or said Codes. The Town of Fraser hereby declares that it would have adopted this Ordinance and said Codes, 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 5: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. This Ordinance shall be published fin fulll fbv title onlvl. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 1st day of NOVEMBER , 2006. Votes in favor: 6 BOARD OF TRUSTEES OF THE Votes opposed: 0 TOWN OF FRASER, COLORADO Votes abstained: 0 OWN OF FRgs, BY: ~'_-~~~Jd-~.~ 7~ ~ \~, ~~ V ` ~ ~~ Fran Cook, Mayor SEAL ATTE (SEAL) oo<oRao%'~ _ ~`~ ~~' 0~ Lu Berger, Town Clem Published in the Winter Park Manifest on November 8~', 2006. - 4 - ýÿ