The Board of Trustees of the Town of Deer Trail, Arapahoe County, Colorado, do hereby ordain and resolve to adopts by reference the 1995 Edition of the "Model Traffic Code for Colorado Municipalities," repealing all Ordinances in conflict therewith; and providing penalties for violation thereof.
Whereas, the Town of Deer Trail, (hereinafter referred to as the "Town"), in the County of Arapahoe and the State of Colorado, is the body corporate operating as a statutory town pursuant to the general statutes of the State of Colorado; and
Whereas, the Colorado Revised Statutes 31-16-201, et. seq., give to the governing body of each municipality the power and authority to adopt any code by reference, in whole or in part, subject to certain notice and hearing requirements; and
Whereas, the Board desires to adopt the 1995 version of the Model Traffic Code for Colorado Municipalities as promulgated and published by the Colorado Department of Transportation; and
Whereas the Town further wishes to provide and to allow for the entry of default judgments when a person fails or refuses to appear for arraignment or trial; and
Whereas, Colorado Revised Statute 42-7-127 5(5.6) authorizes any municipality to elect to allow a person receiving a penalty assessment within the Town for a violation defined by the Model Traffic Code or state statutes as a traffic infraction to pay the fine and surcharge for the alleged violation on or before the date the payment is due and thereby receive a reduction of the assessed points.
Now, therefore, be it resolved by the Board of Trustees of the Town of Deer Trail, Colorado.
- Adoption of Model Traffic Code. Pursuant to parts 1 and 2 of Article 16 of Title 31, C.R.S., as amended, there is hereby adopted by reference Articles I and II, inclusive, of the 1995 edition of the "Model Traffic Code for Colorado Municipalities," promulgated and published as such by the Colorado Department of Transportation, Staff Traffic and Safety Effects Branch, 4201 East Arkansas Ave., Denver, CO 80222. The 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. Three (3) copies of the Model Traffic Code adopted herein are now filed in the office of the Clerk of the Town of Deer Trail, Colorado, and may be inspected during regular business hours.
- Deletions from Model Traffic Code. The 1995 edition of the Model Traffic Code is adopted as if set out at length save and except the following articles and/or sections which are declared to be inapplicable to this municipality and are therefore expressly deleted:
- Section 227, Windows unobstructed, Subsections (1) and(3)(b) are hereby deleted in their entirety, with Subsection (2), (3)(a), and (4) remaining as part of the enforceable code. Any violations concerning Subsections (1) and (3)(b) shall be placed in Arapahoe County Court for resolution.
- Penalties. It is unlawful for any person to violate any of the provisions in this ordinance. Every person convicted of a violation of any provision adopted in this ordinance shall be punished by a fine not exceeding Five Hundred Dollars ($500.00).
Further, as to those defendants who fail or refuse to appear either at arraignment or a trial to Court, in view of the fact that the Town does not access jail time or a fine in excess of Five Hundred Dollars ($500.00) for any municipal offense, the Municipal Court Judge is authorized and empowered to declare a default judgment in any such event, and the following procedure shall be followed:- The clerk of the court shall keep a full record of every case in which a defendant fails to appear either at arraignment or at trial.
- Within ten days after the entry of the default judgment upon a charge of violating any provision of this code or other law regulating the operation of vehicles within the Town, the clerk shall prepare and immediately forward to the Colorado State Department of Revenue, Division of Motor Vehicles, or such other appropriate agency, an abstract of the record of the court covering the case in which said person had a judgment entered against him or her, certified by the clerk. The abstract shall be on such form furnished by the department and. shall include the name, address, and driver's license number of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, if any, the judgment, and the amount of the fine.
- The procedure shall be conducted in such a way as to ensure that the convicted person shall not be able to renew his or her driving license and privileges without paying such fine to the Town as well as any administrative fee required by the State.
- Penalty Assessment - Reduction of Points. If a person receives a penalty assessment notice for a violation under the Model Traffic Code as adopted by the Town of Deer Trail, which notice pertains to a traffic infraction, as defined by law, and such person pays the fine and surcharge for the violation on or before the date the payment is due, the points assessed for the violation are reduced as follows.
- For a violation having an assessment of three or more points the points are reduced by two points.
- For a violation having an assessment of two points, the points are reduced by one point. Such reduction shall conform to the point assessment schedule under Colorado Revised Statute 42-2-127(5)
- Application. This ordinance 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 this municipality, the use of which this municipality 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 this municipality.
- Validity. If any part or parts of this ordinance are for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this ordinance. The 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 be declared invalid.
- 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 the taking effect of this ordinance.
- Interpretation. This ordinance 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 the 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.
- Certification. The Town Clerk shall certify to the passage of this ordinance and make not less than three copies of the adopted Code available for inspection by the public during regular business hours.
- Effective Period. This ordinance shall take effect after public hearing and approval by the Deer Trail Town Board of Trustees and appropriate publication in accordance with statute.
Adopted and approved this 6th Day of January 1998
Hugh Johnson, Mayor
Attest: Jessica Staumbough, Town Clerk