ORDINANCE NO. 2020-03 AN ORDINANCE

80424 | 02/28/2020 | Ad id: 8-0000553927-01
Details

ORDINANCE NO. 2020-03
AN ORDINANCE REPEALING AND RENACTING ARTICLE I,
CHAPTER 8, OF THE BLUE RIVER MUNICIPAL CODE,
ADOPTING BY REFERENCE THE 2020 EDITION OF THE
MODEL TRAFFIC CODE, AND PROVIDING PENALITIES FOR THE VIOLATION THEREOF

WHEREAS, the Town of Blue River ("Town") is authorized by state law to regulate public streets, roads, alleys and other thoroughfares to protect the public health, safety, and welfare; and

WHEREAS, pursuant to section 42-4-110(1)(b), C.R.S., municipalities may, in the manner prescribed by Parts 1 and 2 of Article 16 of Title 31, C.R.S., adopt by reference all or any part of the Model Traffic Code to control and regulate the movement and parking of motor vehicles as provided by state traffic laws; and

WHEREAS, the Colorado Department of Transportation has prepared and adopted the revised 2020 edition of the Model Traffic Code for Colorado; and

WHEREAS, section 31-16-201, et seq., C.R.S., permits the adoption by reference of such published regulations upon notice and hearing as provided in section 31-16-203, C.R.S.; and

WHEREAS, notice was properly published in accordance with section 31-16-203, C.R.S.;
and

WHEREAS, the Town desires to adopt the 2020 revised edition of the Model Traffic Code for Colorado, with additions and modifications as specified below.

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF BLUE RIVER, COLORADO:

Section 1. Amendment. Article I, Chapter 8 of the Municipal Code of the Town of Blue River is repealed and reenacted to provide as follows:

Section 8-1-10. Adoption.
There is hereby adopted by reference the revised 2020 edition of the "Model Traffic Code for Colorado" ("Model Traffic Code") promulgated and published as such by the Colorado Department of Transportation, Traffic Engineering and Safety Branch, 2829 .W Howard Place, Denver, Colorado 80204. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the Town. The purpose of this Ordinance 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.

Section 8-1-20. Copy on file.
Three (3) copies of the Model Traffic Code are now filed in the office of the Town Clerk and may be inspected during regular business hours.

Section 8-1-30. Additions, Deletions, and Amendments.
(1) Deletions. The Model Traffic Code is adopted as if set out at length save and except for the following Sections, which are declared to be inapplicable to the Town and are therefore expressly deleted:
(a) Section 1701. Traffic offenses and infractions classified— penalties—penalty and surcharge schedule—repeal.
(b) Section 1702. Counties—traffic offenses classified—schedule of fines.
(2) Modifications. The Model Traffic Code is adopted as if set out at length, provided that the following specified articles, sections, and provisions are modified to read as follows:
In accordance with the provisions of Sections 1101 and 1102 of the Model Traffic Code, and when official signs are erected giving notice thereof, all streets located within the Town of Blue River intended for vehicular traffic shall have speed limits of fifteen (15) miles per hour, except for streets located within the Spruce Valley Ranch Subdivision.
(3) Additions. The Model Traffic Code is adopted as if set out at length, provided that the following specified articles, sections, and provisions are added. Part 11 of the Model Traffic Code is amended with the addition of the following language:

Section 1106. Increased penalties on Highway 9. From and after the posting of signs indicating an increased penalty, a person who commits a moving traffic violation on State Highway 9 within the Town of Blue River is subject to increased penalties and surcharges.

Sec. 8-1-40. Application.
This Article shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way, public place or public parking area, including streets and ways not dedicated as such, either within or outside the corporate limits of the Town, the use of the Town has jurisdiction and authority to regulate. The provisions of Sections 1401, 1402 and 1413 and part 16 of the adopted Model Traffic Code concerning reckless driving, careless driving and eluding a police officer shall apply not only to public places and ways but also throughout the Town.

Section 8-1-50. Interpretation.
This Article shall be so interpreted and construed as to effectuate its general purpose to conform with the State's uniform system for the regulation of vehicles and traffic. Article and section headings of this Article and the adopted code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any article or section thereof.

Section 8-1-60. Violation; penalties.
The following penalties, herewith set forth in full, shall apply to this Article: (1) It is unlawful for any person to violate any provision of the Model Traffic Code.

(2) Upon conviction of, or entry of a guilty plea or a plea of nolo contendere to, a violation of the provisions of the Model Traffic Code for which a fine only is established as a penalty for a violation thereof, the violation is deemed to be and shall constitute a civil matter and not a criminal violation. Penalties and surcharges, if any, shall be as set forth by order of the Municipal Court, as required by the Colorado Municipal Court Rules of Procedure, and as set forth in this Section.

(3) The penalty and surcharge amounts for a person who is convicted of, enters a guilty plea or a plea of nolo contender to, a moving traffic violation that occurs on State Highway 9 within the Town of Blue River, shall be doubled.

(4) The following violations in the Model Traffic Code are eligible for a penalty assessment notice as such process is set forth in Section 1709 of the Model Traffic Code:
(a) Section 1101(1) or (8)(b), 5 to 9 miles per hour over the speed limit
(b) Section 1101(1) or (8)(b), 10 to 19 miles per hour over the speed limit
(c) Section 1101(1) or (8)(b), 20 to 24 miles per hour over the speed limit
(d) Section 1101(3), driving too fast for conditions
(e) Section 1402(1), careless driving
(f) Section 703(3), failing to stop at a stop sign
(g) Section 1005(3), passing where prohibited
(h) Section 1007(1)(a), weaving from traffic lane
(i) Section 805(3), pedestrian intoxicated on roadway
(j) Section 711, improper mountain driving
(k) Section 1204, stopping, standing, or parking in prohibited places

(5) The following violations in the Model Traffic Code are not eligible to receive a penalty assessment notice:
(a) Section 1101(1) or (8)(b), 25 miles per hour or more over the speed limit
(b) Section 1401, reckless driving
(c) Section 1402, careless driving
(6) Fines for Traffic Infractions.
(a) The Municipal Judge shall have the authority to set fines for traffic infractions by adopting a fine schedule by order. Such fines shall fall within the ranges established by this Section or other applicable Code section. The Municipal Court shall have the ability to waive, in part or in whole, fines based on appropriate conditions of deferrals or other plea agreements.
(b) Fine amounts for traffic infractions for which points may be assessed pursuant to Section 42-2-127, C.R.S., shall be based on the original charge and not on the charge as amended and for which judgment is entered as the result of any plea negotiations, and the minimum fine shall be as follows:
(1) Section 1101, speeding 5-9 MPH over the posted speed limit -- $70.00
(2) Section 1101, speeding 10-19 MPH over the posted speed limit -- $135.00
(3) Section 1101, speeding 20-24 MPH over the posted speed limit -- $200.00
(4) Section 1101(3), driving too fast for conditions -- $100.00
(5) Section 1402, careless driving -- $150.00
(6) Section 703, failing to stop at stop sign -- $80.00
(7) Section 1005(3), passed when prohibited -- $80.00
(8) Section 1007(1)(A), weaving from traffic lanes -- $60.00
(9) Section 1008, following too closely -- $80.00
(10) Section 805(3), pedestrian intoxicated on roadway -- $35.00
(11) Section 711, improper mountain driving -- $60.00
(12) Section 1204, stopping, standing, or parking in prohibited places -- $50.00
(7) Surcharges.
(a) Surcharges shall be assessed by the Municipal Court as set forth in this Section. Such surcharges shall be cumulatively assessed when applicable and shall be in addition to court costs against any defendant upon conviction of, entry of a guilty plea, or a plea of nolo contendere to a violation of the provisions of the Model Traffic Code.
(b) A surcharge shall be added and separately report to each fine as defined below:
(1) Section 1101, speeding 5-9 MPH over the posted speed limit -- $10.00
(2) Section 1101, speeding 10-19 MPH over the posted speed limit -- $16.00
(3) Section 1101, speeding 20-24 MPH over the posted speed limit -- $32.00
(4) Section 1101(3), driving too fast for conditions -- $16.00
(5) Section 1402, careless driving -- $16.00
(6) Section 703, failing to stop at stop sign -- $10.00
(7) Section 1005(3), passed when prohibited -- $10.00
(8) Section 1007(1)(A), weaving from traffic lanes -- $10.00
(9) Section 1008, following too closely -- $10.00
(10) Section 805(3), pedestrian intoxicated on roadway -- $6.00
(11) Section 711, improper mountain driving -- $10.00
(12) Section 1204, stopping, standing, or parking in prohibited places -- $6.00
(c) Surcharges assessed and collected under this Section shall be used for programs and activities for law enforcement training, victim assistance, or court technology.

Section 2. Severability. Should any one or more sections or provisions of this Ordinance be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, the intention being that the various sections and provisions are severable.

Section 3. Repeal. Any and all ordinances or codes or parts thereof in conflict or inconsistent herewith are, to the extent of such conflict or inconsistency, hereby repealed; provided, however, that the repeal of any such ordinance or code or part thereof shall not revive any other section or part of any ordinance or code heretofore repealed or superseded and this 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 effective date of this Ordinance.

Section 4. Effective Date. The provisions of this Ordinance shall become effective thirty (30) days after publication following final passage.

INTRODUCED AND READ at a regular meeting of the Board of Trustees of the Town of Blue River, Colorado, held on the ____ day of ________________, 2020.

AMENDED, PASSED, ADOPTED, AND ORDERED PUBLISHED at a regular meeting of the Board of Trustees of the Town of Blue River, Colorado, held on the ____ day of ________________, 2020.

____________________________________
Mayor

ATTEST: APPROVED AS TO FORM:

_____________________________ _____________________________
Town Clerk Town Attorney

Published in the Summit County Journal on February 28, 2020. 0000553927