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HomeMy Public PortalAboutOrdinance #356TOWN OF FRASER ORDINANCE NO. 356 Series 2009 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE 1 OF THE CODE OF THE TOWN OF FRASER, COLORADO, WITH RESPECT TO CERTAIN TRAFFIC REGULATIONS APPLICABLE IN THE TOWN OF FRASER. WHEREAS, by Ordinance 319, Series 2006, the Town of Fraser previously adopted the 2003 edition of the Model Traffic Code, with certain local amendments; 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 FRASER, COLORADO, AS FOLLOWS: PART 1: AMENDMENT OF TOWN CODE. Chapter 8 (Traffic), Article 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 t thr print; the notation "No Change" indicates that the referenced provisions are not modified]: 1.1 Section 8 -1 -10 (a) is amended to read as follows: (a) Pursuant to Title 31, Article 16, Parts 1 and 2, C.R.S., there is hereby adopted by reference Articles I and II, inclusive, of the 2003 2009 edition of the Model Traffic Code, promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP 700, Denver, Colorado 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the Town. The purpose of this Article and the code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the State and the Nation. 1.2 Section 8 -1 -10 (c) is amended to read as follows: (c) To the extent the term Model Traffic Code or Traffic Code is used elsewhere in this Municipal Code or the ordinances of the Town or any of its rules or regulations, that term is hereby deemed and ordained to refer to the 2003 2009 revised edition of the Model Traffic Code, as adopted and modified by this Chapter. 1.3 Section 8 -1 -20 (3) is amended to read as follows: (3) Article I, Section 1204 of the Model Traffic Code is amended by the addition of new Subsections (6) and (7), which shall read as follows: (6) The Fraser Town Manager or his or her designee is hereby delegated the authority and responsibility to determine the appropriate restrictions or prohibitions on vehicular standing or parking to be applied to various streets and other public places within the Town of Fraser and to post or cause to be posted official signs to give notice of such restrictions or prohibitions. (7) 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 signs posted in accordance herewith. 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 the said Codes adopted herein 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 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 4: 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 by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS i of OCTOBER, 2009. Votes in favor: _a Votes opposed: AL_ Votes abstained: A._ (SEAL) Published in the Middle Park Times on October 15th, 2009. 2 BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO Fran Cook, Mayor ATTEST: Lu Berger, Town Clerk