CHAPTER 8
Vehicles and Traffic
Article I Model Traffic Code
Sec. 8-1-10 Adoption
Sec. 8-1-20 Amendments
Sec. 8-1-30 Application
Sec. 8-1-40 Interpretation
Sec. 8-1-50 Certification; copy on file
Sec. 8-1-60 Jake brakes prohibited
Sec. 8-1-70 Penalties
Article II Plea Bargains by Mail
Sec. 8-2-10 Applicability
Sec. 8-2-20 Procedures
Sec. 8-2-30 Administrative costs
Article III Junked, Wrecked, Abandoned and Inoperable Vehicles
Sec. 8-3-10 Definitions
Sec. 8-3-20 Unsheltered storage prohibited
Sec. 8-3-30 Exceptions
Sec. 8-3-40 Public nuisances not exempt
Sec. 8-3-50 Removal
Sec. 8-3-60 Penalty
Article IV Parking
Sec. 8-4-10 Vehicular parking prohibited
Sec. 8-4-20 Enforcement
Article V Safety Zones
Sec. 8-5-10 Legislative purpose
Sec. 8-5-20 Designation of Safety Zones
Sec. 8-5-30 Mandatory signage
Sec. 8-5-40 Process
Sec. 8-5-50 Community service option
ARTICLE I
Model Traffic Code
Sec. 8-1-10. Adoption.
Pursuant to
Parts 1 and 2 of Article 16 of Title 31 and Part 4 of Article 15 of Title 30,
C.R.S., there is hereby adopted by reference Articles I and II, inclusive, of
the 2003 edition of the Model Traffic
Code, promulgated and published as such by the Colorado Department of
Transportation, Safety and Traffic Engineering Branch,
Sec. 8-1-20. Amendments.
The 2003 edition of the Model Traffic Code is adopted as if set out at length with the following amendments: none. (Prior code 13-1.3; Ord. 01-20; Ord. 03-10 §1)
Sec. 8-1-30. Application.
This Article shall apply to every street, alley, sidewalk area, driveway, park and to every other public way or public parking area, either within or outside the corporate limits of the Town, the use of which the Town has jurisdiction and authority to regulate. The provisions of Sections 1401, 1402, 1413 and Part 16 of the adopted Model Traffic Code, respectively concerning reckless driving, careless driving, eluding a police officer and accidents and accident reports, shall apply not only to public places and ways but also throughout the Town. (Prior code 13-1.5; Ord. 03-10 §1)
Sec. 8-1-40. 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 Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. (Prior code 13-1.8; Ord. 03-10 §1)
Sec. 8-1-50. Certification; copy on file.
The Town Clerk shall certify to the passage of the ordinance codified herein and make not less than one (1) copy of the adopted code available for inspection by the public during regular business hours. (Prior code 13-1.9; Ord. 01-20; Ord. 03-10 §1)
Sec. 8-1-60. Jake brakes prohibited.
(a) It is unlawful for the operator of a vehicle driven upon any public or private street within the Town to use, or employ the use of, a Jake brake.
(b) For purposes of this Section, a Jake brake means any device mounted on or adjacent to the engine of a commercial motor vehicle which, when employed, reduces engine speed and causes the vehicle to slow without use of the vehicle's braking system. (Ord. 99-12 §1)
Sec. 8-1-70. Penalties.
The following penalties, herewith set forth in full,
shall apply to this Article:
(1) It is unlawful for any person to violate any of the provisions of this Article.
(2) Every person convicted of a violation of any provision of this Article shall be punished as set forth in Section 1-4-20 of this Code. (Prior code 13-1.4; Ord. 01-20; Ord. 03-10 §2)
ARTICLE II
Plea Bargains by Mail
Sec. 8-2-10. Applicability.
This Article shall apply to certain traffic offenses within the Town, based on guidelines prepared by the Town Attorney in conjunction with the Chief of Police; said guidelines shall be available to the general public during normal business hours. (Prior code 3-5-2.1; Ord. 01-20)
Sec. 8-2-20. Procedures.
(a) Upon receipt in the Municipal Court Clerk’s office of a traffic citation in the form of a summons and complaint, the Municipal Court Clerk shall determine based on the guidelines provided pursuant to Section 8-2-10 above whether an alleged violator is eligible to be offered a plea bargain by mail.
(b) If an alleged violator is eligible to be offered a plea bargain by mail, the Municipal Court Clerk shall mail a letter to the address listed on the summons and complaint to the alleged violator offering a plea bargain based on the guidelines. Enclosed with the letter shall be a recitation of the alleged violator’s constitutional rights, and a plea of guilty and waiver of appearance. The letter shall provide the following choices:
(1) Acceptance of the plea bargain by mail, indicated by the return of the following in the same envelope:
a. A signed plea of guilty and waiver of appearance; and
b. Payment of the fine and administrative costs in the amount specified in the letter by the return date designated in the letter.
(2) Rejection of the plea bargain by mail, indicated by an appearance in Municipal Court on the date specified in the letter.
(c) If an alleged violator is ineligible to be offered a plea bargain by mail, the Municipal Court Clerk shall not send any letter regarding the summons and complaint, and the alleged violator will be required to appear in Municipal Court on the date specified on the summons and complaint issued to the alleged violator. (Prior code 3-5-2.2)
Sec. 8-2-30. Administrative costs.
Whenever a plea bargain by mail is accepted, in addition to any fine imposed pursuant to that plea bargain, an administrative cost of eighteen dollars ($18.00) shall be imposed. (Prior code 3-5-2.3)
ARTICLE III
Junked, Wrecked, Abandoned and Inoperable Vehicles
Sec. 8-3-10. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:
Inoperable motor vehicle means any motor vehicle that does not have a current license plate and validation sticker lawfully affixed thereto or that is in a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purpose for which it was originally constructed.
Motor vehicle means any self-propelled vehicle which as originally built contained an engine, regardless of whether it contains an engine at any other time, including, without limitation, automobiles, trucks, buses, motor homes, motorized campers, motorcycles, motor scooters, tractors, snowmobiles, dune buggies and other off-the-road vehicles.
Property includes, in addition to the owner's lot or tract of land, whether improved or vacant, the area to the center of an alley abutting the lot or tract of land, if any, all easements of record and the sidewalk, curb, gutter and parking area of any street abutting such lot or tract of land.
Unsheltered means located outside a garage or other building in such a manner as to be visible to a person standing upon any public street, alley, sidewalk or right-of-way or to any person standing at ground level upon any adjoining piece of property. (Prior code 7-6.1)
Sec. 8-3-20. Unsheltered storage prohibited.
The unsheltered storage of an inoperable motor vehicle for thirty (30) days or more on any private property within the Town is hereby declared to be a nuisance and dangerous to the public health, safety and welfare. An inoperable motor vehicle not located in a garage or other building shall be placed behind screening of sufficient size, strength and density, such as a solid fence, trees or shrubbery to screen it from ordinary public view and to prohibit ready access to such vehicles by children. (Prior code 7-6.2)
Sec. 8-3-30. Exceptions.
This Article does not apply to a motor vehicle which is a collector's item or parts car as defined in Section 42-15-101, C.R.S., and which is licensed and stored in compliance with the provisions of state law, in particular Sections 42-15-101 through 42-15-104, C.R.S. Nor does this Article apply to any person who is conducting an automobile sales, storage or repair enterprise operated in compliance with existing zoning regulations when the storage is necessary to the operation of such business enterprise. These exceptions for collector's items and certain lawfully conducted business enterprises are affirmative defenses to be pled and proved by the defendant in any judicial proceedings under this Article. (Prior code 7-6.3)
Sec. 8-3-40. Public nuisances not exempt.
Nothing in this Article shall be construed to permit exempt or sheltered storage of inoperable motor vehicles to be conducted in such manner as to constitute a public nuisance under other provisions of this Code, including without limitation allowing accumulation of refuse and rubbish and growth of weeds and brush in and about the storage areas, breeding of insects and rodents or direct danger to persons from broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or supports or explosion hazard. (Prior code 7-6.4)
Sec. 8-3-50. Removal.
The owner and the occupant of the private property on which the unsheltered storage is occurring and the owner of the inoperable motor vehicle in question are jointly and severally responsible to abate the nuisance. Every person who fails, neglects or refuses to abate the nuisance is also guilty of a misdemeanor. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. The imposition of any sentence does not exempt the offender from compliance with the requirements of this Article. No person, after abatement notifications have been given, shall move the inoperable motor vehicle in question to any other private property upon which storage of such vehicle is not permitted or onto any public property or right-of-way. (Prior code 7-6.5)
Sec. 8-3-60. Penalty.
Violation of this Article shall be punished by a fine as set forth in Section 1-4-20 of this Code. (Prior code 7-6.6; Ord. 01-20)
ARTICLE IV
Parking
Sec. 8-4-10. Vehicular parking prohibited.
Vehicular parking is prohibited on any and all portions of the Town right-of-way which is outside of that portion of a street or highway which is improved with asphalt or concrete paving. Parking is specifically prohibited on sections of the right-of-way which are not designed for use for vehicular travel, including but not limited to sidewalks and unimproved road right-of-way within the Town. (Prior code 8-5.1)
Sec. 8-4-20. Enforcement.
Enforcement of this Article shall be in conformance with the procedures already established by the Town for parking violations. The Municipal Court may impose a fine as set forth in Section 1-4-20 of this Code. (Prior code 8-5.2; Ord. 01-20)
ARTICLE V
Safety Zones
Sec. 8-5-10. Legislative purpose.
The Board of Trustees finds and determines that certain areas of the Town constitute a public safety risk based on the combination of high traffic volume and/or dangerous speeds in combination with a large amount of pedestrian traffic, and such zones shall be designated as Safety Zones. The Board of Trustees herein implements a system of mandatory enhanced penalties for traffic violations in the Safety Zones in order to deter such violations and enhance the health, safety and welfare of the community. (Ord. 01-07 §1)
Sec. 8-5-20. Designation of Safety Zones.
The Board of Trustees shall designate by resolution certain Safety Zones within the boundaries of the Town based on the public safety risk caused by the combination of high traffic volume and/or dangerous speeds in combination with a large amount of pedestrian traffic. Said Safety Zones may be modified as deemed necessary by resolution of the Board of Trustees. (Ord. 01-07 §1)
Sec. 8-5-30. Mandatory signage.
Safety Zones shall be indicated by signage with the following language: "SAFETY ZONE MANDATORY DOUBLE FINE." (Ord. 01-07 §1)
Sec. 8-5-40. Process.
(a) If a summons and complaint is issued for a moving traffic violation in a Safety Zone, the summons and complaint shall indicate that the alleged violation has occurred in a Safety Zone.
(b) In the event a summons and complaint is issued for a moving traffic violation in a Safety Zone, that violation will be subject to the following enhanced fine structure:
(1) The fine assessed for a moving violation in the Safety Zone shall be imposed at a rate of twice, or double, the customary fine for the violation had it not occurred in a Safety Zone.
(2) The fine assessed for a moving violation in the Safety Zone shall be mandatory, and may not be subject to a plea bargain; provided, however, that the points assessed against a traffic violator's Colorado Driver History may be reduced based on the discretion of the Municipal Prosecutor to offer a plea bargain.
(c) In no event may the total civil penalty assessed for a traffic offense in a Safety Zone exceed four hundred ninety-nine dollars ($499.00) for a single offense. (Ord. 01-07 §1)
Sec. 8-5-50. Community service option.
If the Court finds that a traffic violator is financially unable to pay the enhanced fine imposed for a violation in a Safety Zone, the Court may impose a penalty of useful community service, to be calculated at a rate of five dollars ($5.00) per hour, not to exceed a total amount of one hundred (100) hours of community service for a single offense. (Ord. 01-07 §1)