Ordinance Number 262

An ordinance adopting by reference the 2003 model traffic code. 

Whereas, pursuant to C.R.S. § 31-16-202, the Board of Trustees may adopt any code by reference, in whole or in part, by specifying the title of the code.

Whereas, the Board of Trustees wishes to adopt the 2003 Model Traffic Code by reference; and

Whereas, the Board of Trustees of the Town of Deer Trail determines that it is in the best interest of the Town to adopt this Ordinance.

Be it ordained by the Board of Trustees for the Town of Deer Trail, Colorado, that: 

Section 1. Adoption.

Pursuant to Parts 1 and 2 of Article 16 of Title 31, there is hereby adopted by reference the 2003 edition of the Model Traffic Code promulgated and published by the Colorado Department of Transportation, Safety, and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP 700, Denver, CO 80222, as modified in Section 2 of this Ordinance. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the Town. The purpose of this Ordinance is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and nation. Three (3) copies of the Model Traffic Code adopted herein shall be filed in the office of the Town Clerk and may be inspected during regular business hours. The traffic code of this Ordinance referencing the Model Traffic Code shall be known as the Town of Deer Trail Traffic Code. 

Section 2. Deletions.

1. The 2003 edition of the Model Traffic Code is adopted as if set out at length saved and except the following articles and/or sections which are declared to be inapplicable to the Town and therefor expressly excluded and/or deleted from the Town of Deer Trail Traffic Code:
   • Section 107.
   • Section 108.
   • Section 114.
   • Section 203.
   • Section 227(3)(b).
   • Section 228(8).
   • Section 233.
   • Section 235.
   • Section 507.
   • Section 508.
   • Section 509.
   • Section 510.
   • Section 611.
   • Section 110 I-speeding 25 miles or more in excess of reasonable and prudent speed or in excess of maximum lawful speed of 75 mph.
   • Section 1101(8).
   • Section ll05.
   • Section 140 I;
   • Section 1402.
   • Section 1406(l)(b) and (5).
   • Section 1409.
   • Section 1412.
   • Section 1413.
   • Section 1701.
   • Section 1705.
   • Section 1706.
   • Section 1707(I); (aa) Section 1702(2).
   • Section 1707(4)(a) and (b); 
   • Section 1707(6).
   • Section 1715(2), delete "forfeiture of bail," "bail was forfeited" and "or forfeited".
   • Section 1715(3), delete "or whether bail was forfeited" and "or forfeiture";
   • Section 1901;
   • Section 1902; (hh)    Section 1903; and
   • Section 1904.

Section 3. Violations and Penalties.

1. Violations. It is unlawful for any person to violate any of the provisions of this Ordinance or any of the provisions of the 2003 Model Traffic Code, as adopted. Any violations of the provisions of said Model Traffic Code shall be a violation of this Ordinance.
2. Penalties. Any violations of this Ordinance shall be traffic infractions punishable by civil penalties of not more than four hundred ninety-nine dollars ($499.00) to be determined and assessed at the discretion of the Municipal Judge. Traffic infractions shall constitute civil matters.

Section 4. 

If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby.

Section 5. Repealer.

All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict.

Section 6. Recording and Authentication.

Immediately upon its passage, this Ordinance shall be recorded in the Town of Deer Trail Book of Ordinances kept for that purpose, authenticated by the signatures of the Mayor and Clerk, shall be published as required by law.

Section 7.  Effective Date. 

This Ordinance shall become effective thirty (30) days after final publication.

Adopted and approved this 14th Day of May 2019

James F. Johnson, Mayor
Town of Deer Trail, Colorado (Seal)

Attest: Candice Reed, Town Clerk