AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE TOWN OF LOG LANE VILLAGE, COLORADO; ADOPTING BY REFERENCE THE 2020 EDITION OF THE "MODEL TRAFFIC CODE" REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
WHEREAS, the Town has in place a comprehensive system of traffic and vehicle regulations, for the express purpose of promoting the public health, safety and welfare; and
WHEREAS, the Colorado Department of Transportation, Safety and Traffic Engineering Branch, has developed the "Model Traffic Code" as a uniform and recognizable set of traffic and vehicle regulations familiar to law enforcement and the courts; and
WHEREAS, Colorado Department of Transportation formally adopted the Model Traffic Code, 2020 Edition, by formal action, and has promulgated it for the benefit of the public; and
WHEREAS, the subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the Town; and
WHEREAS, the purpose of this Ordinance and the Model Traffic 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; and
WHEREAS, the Town Board has reviewed the within Ordinance, including the additions and modifications set forth below, and has concluded that the public health, safety and welfare will be promoted by the adoption of the within Ordinance.
NOW, THEREFORE BE IT ORDAINED THAT:
Section 1. Article II of Chapter 16 of the Log Lane Village Municipal Code is repealed and readopted as follows:
MODEL TRAFFIC CODE
Sec. 16-19. Adoption.
Pursuant to parts 1 and 2 of article 16 of Title 31, C.R.S., there is hereby adopted by reference the 2020 edition of the "Model Traffic Code" promulgated and published as such by the Colorado Department of Transportation, Traffic Engineering and Safety Branch, 2829 W Howard Place, Denver, CO 80204. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the Town of Log Lane Village, Colorado. 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. Three (3) copies of the Model Traffic Code adopted herein are now filed in the office of the Town Clerk of Log Lane Village, Colorado, and may be inspected during regular business hours.
Sec. 16-20. Deletions, amendments and additions. The adopted Model Traffic Code is subject to the following additions and modifications:
(1) Section 106 is amended by deleting paragraph ( 4.5).
106. Who may restrict right to use highways.
(2) Section 107 is amended to read as follows:
107. Obedience to police and fire department officials. No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer, or member of the fire department at the scene of a fire or accident, who is invested by law or ordinance with authority to direct, control or regulate traffic. Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.
(3) Section 111 is amended by the deletion of paragraphs (3 )(a) and (b ).
111. Powers of Local Authorities.
(3)(a) and (3)(b)- deleted.
(4) Section 116 (3)(a) and (b) are hereby repealed, amended and replaced and shall read as follows:
116. Restrictions for minor drivers - definitions.
(3) A violation of this section is a traffic infraction, and upon conviction, the violator may be punished in accordance with Log Lane Village Municipal Code Chapter 1, Sec. 1-14.
(5) Section 203 paragraphs (3) and (4) are hereby repealed, amended and replaced and shall read as follows:
(3) Every owner or driver upon receiving the notice and summons issued pursuant to subsection (1) of this section shall comply therewith and shall secure a certification upon such notice by a law enforcement officer that such vehicle is in safe condition and its equipment has been placed in proper repair and adjustment and otherwise made to conform to the requirements of this Code. Said certification shall be returned to the owner or driver for presentation in court.
(6) Section 239 is hereby amended by deleting references to fines in paragraphs (5) and (5.5)(a), and these portions shall read as follows:
239. Misuse of wireless telephone- definitions - penalty- preemption.
(5)(a) A person who operates a motor vehicle in violation of subsection (2) of this section commits a class A traffic infraction.
(5)(b) A second or subsequent violation of subsection (2) of this section is a class A traffic infraction.
(5.5) (a) Except as provided in subsections (5.5)(b) and (5.5)(c) of this section, a person who operates a motor vehicle in violation of subsection (3) of this section commits a class 2 misdemeanor traffic offense.
(7) Section 510 (12)(b) is repealed, amended and replaced to read as follows:
510. Permits for excess size and weight and for manufactured homes - rules.
(l 2)(b) Any person who violates the provisions of subparagraph (IV) of paragraph (b) of subsection (2) of this section commits a class 2 petty offense and, upon conviction of a second or subsequent such offense, such person commits a class 3 misdemeanor.
(8) Section 61 I (2) is repealed, amended and replaced to read as follows:
611. Paraplegic persons or persons with disabilities - distress flag.
(2) Any person who is not a paraplegic person or a person with a disability who uses such flag as a signal or for any other purpose is guilty of a misdemeanor.
(9) Section 1401 (2) is repealed, amended and replaced and shall read as follows:
1401. Reckless driving - penalty.
(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.
(10) Section 1410.5 (2) is repealed, amended and replaced and shall read as follows:
1410.5. Providing false evidence of proof of motor vehicle insurance - penalty.
(2) Violation of this section is a class B traffic infraction.
(11) Section 1416 (3) is repealed, amended and replaced as follows:
1416. Failure to present a valid transit pass or coupon-fare inspector authorization - definitions.
(3) A violation of this section is a class B traffic infraction.
(12) Section 1701 is hereby amended to read as follows:
1701. Traffic offenses and infractions classified - penalties - penalty and surcharge schedule- repeal.
The penalty for a violation of this Article shall be as provided in Chapter l, Sec. 1-14 of the Log Lane Village Municipal Code.
(13) Section 1702 - Counties - traffic offenses classified - schedule of fines, is deleted.
(14) Section 1705 - Person arrested to be taken before the proper court, is deleted.
(15) Section 1706 - Juveniles - convicted- arrested and incarcerated- provisions for confinement, is deleted.
(16) Section 1904 (3) is amended by the deletion of the portion regarding penalties and shall read as follows:
1904. Regulations for school buses - regulations on discharge of passengers - penalty- exception.
(3) Any person who violates any provision of this section is guilty of a misdemeanor.
(17) Appendix Parts A through G, inclusive, are deleted.
Sec. 16-21. Application. This Article shall apply to all streets, alleys, highways, lanes and ways, whether public or private, within the corporate limits of the Town without exception.
Sec. 16-22. Interpretation. This Article shall be so interpreted and construed as to effectuate its general purpose to conform to the State's uniform system for the regulation of vehicles and traffic. Article and section headings of this Ordinance and 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.
Sec. 16-23. 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 adopted in this Article. (2) Every person convicted of a violation of any provision adopted in this Article shall be punished by a fine and surcharge not exceeding the maximum penalty as provided in Chapter 1, Sec. 1-14 of this Code, in addition to any other restorative justice programs, classes, and/or useful public service that may be ordered by the Court.
Sec. 16-24. Validity. If any part or parts of this Ordinance are for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Board hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any part or parts are later declared invalid.
Sec. 16-25. Repeal. Existing or parts of ordinances 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, except that 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 this Ordinance taking effect.
PASSED, APPROVED, AND ADOPTED this __9___ day of November 2022.