Ordinance Number 289

An ordinance adopting by reference the 2020 model traffic code, repealing all ordinances in conflict in conflict therewith and providing penalties for violations thereof.

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, 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, 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 regulation 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 with 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.

The 2020 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:
1. Section 114.
2. Section 227(3)(b).
3. Section 228(7).
4. Section 1701, any references to Section 1701 in the Model Traffic Code shall be deemed to refer to Section 4 of this Ordinance; and
5. Section 1901.

Section 3. Modifications and Additions.

The 2020 edition of the Model Traffic Code is adopted as if set out at length save and except for the following modifications and additions:

Section 1101(2) is amended to read as follows:
1. Except when a special hazard exists that requires a lower speed, the following speeds shall be lawful:
2. Twenty-five miles per hour on any Town roadway, except as specifically provided in Part H of this Model Traffic Code.
3. Fifty-five miles per hour on other open highways which are not on the interstate system, as defined in section 43-2-101 (2), C.R.S., and are not surfaced, four-lane freeways or expressways; and
4. Any speed not in excess of a speed limit designated by an official traffic control device.
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"; and

The Appendix is amended by the addition of a new Part H to read as follows: Part H. Traffic Control Schedule for Designated Streets Decreased and increased speed limits. In accordance with the provisions of Sections 1101 and 1102, the speed limit throughout all Town limits shall be 25 miles per hour; however, when official signs are erected giving notice thereof, the prima facie speed limit shall be as specified below for the following streets or portions thereof:

Name of Street or Intersction	Portion Affected (Terminal Limits)	Speed Limit (MPH)
1st Avenue	Town limits at __ to approx. Town limits at _.	35
Cedar St.	School zone from __ to approx. __, when light is flashing during the following time periods: 7:20 a.m. to 8:45 a.m., 10:45 a.m. to 1:00 p.m., and 2:45 p.m. to 4:00p.m.	20

Section 4. Violations and Penalties.

Violations and Penalties.

It is unlawful for any person to violate any of the provisions of this Ordinance or any of the provisions of the 2020 Model Traffic Code, as adopted and modified herein. Any violations of the provisions of said Model Traffic Code shall be a violation of this Ordinance.
Notwithstanding the designations of this code concerning Class A and Class B traffic infractions and Class 1 and Class 2 traffic offenses, or any other designations herein to the contrary, except as set forth herein, it is a municipal traffic infraction for any person to violate any provision of the Model Traffic Code adopted by the Town. Such a traffic infraction shall constitute a civil matter. The maximum penalty for a traffic infraction shall be a civil penalty of not more than four hundred ninety-nine dollars ($499.00), plus court costs as authorized by law. The Colorado Municipal Court Rules of Procedure ("CMCR") shall apply to traffic infraction and offense proceedings, except that no warrant for arrest shall be issued for the defendant's failure to appear when the only violation charged would constitute a noncriminal traffic infraction and the defendant's driver's license is issued by the State of Colorado or any other state which participates in the Interstate Nonresident Violator Compact, as codified at C.R.S. § 24-60-2101.
The following violations shall be criminal traffic offenses subject to the penalties specified in Ordinance 278:
1. A violation of Section 107 - Obedience to police officers.
2. A violation of Section 233 - Alteration of suspension system.
3. A violation of Section 507 - Wheel and axle loads.
4. A violation of Section 508 - Gross weight of vehicles and loads.
5. A violation of Section 509 - Vehicles weighed- excess removed.
6. A violation of Section 607 - Interference with official devices.
7. A violation of Section 705, subsection (2), (2.5), and (2.6) - Operation of Vehicle Approached by Emergency Vehicle.
8. A violation of Section 1105 - Speed contests.
9. A violation of Section 1401 - Reckless Driving; and
10. A violation of Section 1413 - Eluding or attempting to elude a police officer.
If a person who is charged with one of the offenses specified in this subsection fails to appear at a hearing before the Municipal Court at the date and time specified in the summons and complaint or another time ordered by the Municipal Court, the Municipal Court may issue a bench warrant for the arrest of such person and set the amount of bail for such person pursuant to CMCR 246.
1. The penalties for a violation of Section 1409 shall be as set forth in subsection (4) of Section 1409.
2. The penalties for speeding violations under this Section shall be doubled if the violation occurs within a designated maintenance, repair, or construction zone pursuant to Section 614 of the Model Traffic Code.
3. The penalties for any moving traffic violation shall be doubled if the violation occurs within a designated school zone pursuant to Section 615 of the Model Traffic Code.
4. Except for persons who are charged with an offense specified in subsection (c) hereof, if a person fails to appear at a hearing before the Municipal Court at the date and time specified in the summons and complaint or at such other time ordered by the Municipal Court, the Municipal Court shall enter a default judgment, assess an appropriate civil penalty, and assess applicable court costs, and the law enforcement assistance surcharge against such person. A default judgment shall have the same legal effect as a plea of guilty or a conviction at trial. Upon motion made not later than sixty (60) days following the entry of a default judgment, the Municipal Court may vacate a default judgment upon adequate showing of excusable neglect, or that the default judgment violates the Constitution or laws of the United States, the Constitution or laws of the state of Colorado, or any other reason justifying relief from the operation of the default judgment.
5. The Municipal Court shall report its entry of a default judgment, a plea of guilty or no contest, or a conviction or a forfeiture of bail, against every person concerning any charge specified in this Section, to the Department of Revenue, Motor Vehicles Division for the assessment of points against such person's driving privileges pursuant to C.R.S. § 42-2-127.

Section 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 the Town of Deer Trail, the use of which the Town has jurisdiction and authority to regulate.

Section 6. Interpretation.

This Ordinance shall be so interpreted and construed as to effectuate its general purpose to conform with the State's uniform system for regulation of vehicles and traffic. Section headings of this Ordinance shall not be deemed to govern, limit, modify, or m any manner affect the scope, meaning or extend of the provisions of any Section thereof.

Section 7. Validity.

If any section, subsection, or clause of this Ordinance are for any reason held to be invalid such decision shall not affect the validity of the remaining portion of this Ordinance.

Section 8. 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 9. 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 10. Effective Date.

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

Adopted and approved this 21st day of October 2022.

Judd Behrens, Mayor
Town of Deer Trail, Colorado

Attest: Ali Eldringhoff, Town Clerk