HomeMy WebLinkAboutOrdinance 2012-1517CITY OF WHEAT RIDGE , COLORADO
IN TRODUCED BY COU NCIL MEMBER STITES
Counc i l Bill No. 13
Ordinance No . 151 7
Series of 2012
TITLE : AN ORDINANCE ADOPTING B Y REFERENCE THE 2010 EDITION
OF TH E MODE L TRAFFI C CODE FOR COLORADO , ADOPTING
AMENDMENTS THERETO , REPEA LI NG All ORDINAN CES IN
CONFLICT THEREWlTH , PROVIDING PENAL TIES FOR MODE L
TRAFFIC CODE VIOLATIONS AND MAKING CO NFORMING
AMEN DMENTS TO C HAP TER 13 OF THE WHEAT RIDGE CODE
OF LAWS
WHEREAS , the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule
municipality , duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution ; and
WHEREAS , pursuant to Section 5.16 of the Wheat Ridge Home Rule Charter ("Charter")
and Part 2 of Article 16 of Title 31 of the Colorado Revised Statutes, the City , acting through its
City Council (the "Council"), possesses the authority to adopt standard codes by reference ; and
WHEREAS , pursuant to this authority , the City previously adopted the 2003 edition of the
Model Traffic Code for Colorado , as promulgated and published by the Colorado Department of
Transportation ; and
WHEREAS , the Colorado Department of Transportation has prepared and published a
2010 edition of the Model Traffic Code for Colorado ; and
WH EREAS , the Council recognizes the value of the Model Traffic Code for Colorado as
providing a system of traffic regulation within the City that is consistent with state law and with
traffic regulations throughout the state and nation ; and
WHEREAS , a public hearing on this Ordinance was conducted and proper notice thereof
given in accordance with C .R.S . § 31-16-203 ; and
WHEREAS , certified copies of the 2010 edition of the Model Traffic Code for Colorado
were filed with the City Clerk at least fifteen (15) days prior to public hearing on this Ordinance in
accordance with C.R.S . § 31-16-206 and Charter Section 5.16 and such code remains open to
public inspection and purchase from the Clerk 's office ; and
WHEREAS , the City wishes to adopt by reference the 2010 edition of the Model Traffic
Code for Colorado , enact certain amendments thereto , provide penalties for Model Traffic Code
violations and make conforming amendments to the Wheat Ridge Code of laws (the "Code").
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE , COLORADO:
Section 1. Section 13-2 of the Wheat Ridge Code of laws, concerning the adoption and
amendment of the Model Traffic Code , is hereby repealed and reenacted to read in its entirety as
follows :
Sec. 13-2. Model T raffic Code.
(a) Adopted. Pursuant to Title 31 , Article 16 , Parts 1 and 2 , C.R.S ., there is
hereby adopted by reference the 2010 edition of the Model Traffic Code
for Colorado, including Appendix I concerning definitions, promulgated
and published as such by the Colorado Department of Transportation,
Safety and Traffic Engineering Branch , 4201 East Arkansas Avenue , EP
700, Denver, Colorado 80222, subject to the amendments set forth
herein . The subject matter of the Model Traffic Code relates primarily to
comprehensive traffic control regulations for the City . The purpose of this
Section 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 filed in the office of the city clerk
and may be inspected during regular bus1ness hours. The 2010 edition of
the Model Traffic Code is adopted as if set out at length, with
amendments as set forth herein .
(b) Amendments. The 2010 Model Traffic Code is subject to the following
additions or modifications:
(1) Section 235, reserved , is hereby amended to read in its entirety as
follows :
"235. Minimum standards for commercial veh icles -spot
inspections.
(1) A police officer or sheriff's officer may, at any time , require the
driver of any commercial vehicle , as defined in section 42-4-235,
C .R.S ., to stop so that the officer or deputy may inspect the
vehicle and all required documents for compliance with the rules
and regulations promulgated by the Colorado Department of
Public Safety, Colorado Code of Regulations Volume 8. 1507-1
"Minimum Standards for the Operation of Commercial Vehicles .
(2) A police officer or sheriffs officer may immobilize. impound , or
otherwise direct the disposition of a commercial vehicle when it is
determined that the motor vehicle or operation thereof is unsafe
and when such immobilization, impoundment, or disposition is
appropriate under the rules and regulations promulgated by the
Colorado Department of Public Safety, Colorado Code of
Regulations Volume 8, 1507-1 "Minimum Standards for the
Operation of Commercial Vehicles ."
(3) Any person, as defined in section 42-1-102 (69), C.R.S ., who
violates subsection (1) of this section commits a traffic offense."
(2) Section 236, concerning child restraint systems, is hereby
amended to read in its entirety as follows :
"Section 236. Child restraint systems required -definitions -
exemptions .
(1) As used in this section , unless the context otherwise requires:
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(a) "Child care center" means a facility requ ired to be l icensed
under the "Child Care Licensing Act", art icle 6 of title 26 , C .R.S .
(a 1) "Child restra int system " means a specially designed
seating system that is des igned to protect , hold , or restrain a ch ild
in a motor vehicle in such a way as to prevent or minim ize injury
to the child in the event of a motor veh icle accident that is either
permanently affixed to a motor vehicle or is affixed to such vehicle
by a safety belt or a universal attachment system , and that meets
the federal motor vehicle safety standards set forth in section 49
CFR 571 .213 , as amended .
(a.2) "Motor veh icle" means a passenger car; a pickup truck ;
or a van , minivan , or sport utility veh icle with a gross vehicle
weight rating of less than ten thousand pounds . "Motor vehicle"
does not include motorcycles , low-power scooters , motor
scooters , motor bicycles , motorized bicycles, and farm tractors
and implements of husbandry designed primari ly or exclus ively for
use in agricultural operations .
(b) "Safety belt " means a lap belt , a shoulder belt , or any other
belt or combination of belts installed in a motor vehicle to restrain
drivers and passengers , except any such belt that is physically a
part of a ch ild restra int system . "Safety belt" includes the
anchorages, the buckles , and all other equ ipment d irectly related
to the operation of safety belts . Proper use of a safety belt means
the shoulder belt , if present, crosses the shoulder and chest and
the lap belt crosses the hips , touching the thighs .
(c) "Seating position " means any motor veh icle interior space
intended by the motor vehicle manufacturer to provide seat ing
accommodation while the motor veh icle is in motion .
(2 ) (a) (I) Unless exempted pursuant to subsection (3) of this
section and except as otherwise provided in subparagraphs
(II) and (Ill ) of this paragraph (a), every child who is under
eight years of age and who is be ing transported in this state in
a motor veh icle or in a vehicle operated by a ch i ld care center,
shall be properly restrained in a child restraint system ,
according to the manufacturer's instructions .
(II ) If the child is less than one year of age and weighs less than
twenty pounds, the child shall be properly restra ined in a rear-
fac ing ch ild restramt system in a rear seat of the veh icle .
(Ill) If the child is one year of age or older , but less than four years
of age , and weighs less than forty pounds , but at least twenty
pounds , the child shall be properly restrained in a rear-facing
or forward-facing ch ild restraint system .
(b) Unless excepted pursuant to subsection (3) of this section ,
every ch ild who is at least e ight years of age but less than
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si xteen years of age who is being transported in th is state in a
motor veh icle or in a veh icle operated by a ch ild care center,
shall be properly restra ined in a safety belt or child restraint
system according to the manufacturer's instructions.
(c) If a parent is in the motor veh icle , it is the respons ibility of
the parent to ensure that his or her child or children are
provided w ith and that they properly use a ch ild restraint
system or safety belt system. If a parent is not in the motor
vehicle , it is the responsibility of the driver transporting a child
or children , subject to the requirements of this section , to
ensure that such children are provided with and that they
properly use a child restra int system or safety belt system.
{3) Except as provided in section 42-2-105.5 {4), subsection (2) of
this section does not apply to a ch ild who :
{a) Repealed .
{b) Is less than e ight years of age and is be ing transported in a
motor vehicle as a result of a medical or other life-threatening
emergency and a child restraint system is not available;
(c ) Is being transported in a commercial motor veh icle , as
defi ned in section 42-2-402 (4) {a), that is operated by a ch ild
care center;
{d) Is the driver of a motor veh icle and is subj ect to the safety
belt requ irements provided in section 42-4-237;
(e) Repealed .
(f) Is being transported in a motor vehicle that is operated in
the business of transporting persons for compensation or hire
by or on behalf of a common c arrier or a contract carrier as
those terms are defined i n section 40-10.1-101 , C.RS., or an
operator of a luxury limousine service as defined in section 40-
10.1-301 I C.R.S .
(4) The division of highway safety shall implement a program for
publ ic information and education concerning the use of child
restraint systems and the provisions of this section .
(5) No person shall use a safety belt or ch ild restra int system,
wh ichever is applicable under the provisions of this section , for
children under sixteen years of age in a motor vehicle unless it
conforms to all applicable federa l motor veh icle safety
standards.
(6) Any violation of th is section shall not constitute negligence per
se or contributory negl igence per se .
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(7) (a) Except as otherwise provided in paragraph (b) of this
subsection (7), any person who violates any provision of this
section commits a class 8 traffic infraction .
(b) A minor driver under eighteen years of age who violates
this section shall be punished in accordance with section 42-2-
105 .5 (5) (b).
(8) The fine may be waived if the defendant presents the court
with satisfactory evidence of proof of the acquisition ,
purchase , or rental of a child restraint system by the time of
the court appearance ."
(3) Section 501 , concerning the penalty for size and weight violations
is hereby amended to read as follows :
"501 . Size and weight violations .
(1) Except as provided in this Part 5, it is a traffic infraction for any
person to drive or move or for the owner to cause or knowingly
permit to be driven or moved on any street or highway within
the city any vehicle or vehicles of a size or weight exceeding
the limitations set forth in this Part 5.
(2) The provisions of subsection (1) of this section 501 shall not
apply to fire apparatus , mobile machinery, self-propelled
construction equipment, or to implements of husbandry
temporarily moved upon a city-maintained street or to a
vehicle operated under the terms of a special permit issued
pursuant to section 510 of the Model Traffic Code ."
(4) Subsection 507(3), concerning wheel and axle loads of self-
compactor vehicles , is hereby amended to read as follows :
"(3) Vehicles equipped with a self-compactor and used solely for
the transportation of trash are exempted from the provisions of
paragraph (b) of subsection (2) of this section only when such
vehicles are travelling on a state-maintained secondary state
highway within city limits ."
(5) Section 509, concerning 'Vehicles weighed-Excess removed ," is
hereby amended by the addition of a new subsection (4), to read
in its entirety as follows :
"(4) In the event that a police officer or other city employee must
take any action in shifting or removing any portion of an
excess load , the driver and/or owner of such vehicle shall
re imburse the city for the officer's or employee's efforts in
removing or shifting such load at the rate of one hundred
dollars ($100 .00) per hour or a minimum of one hundred
dollars ($100.00) for any efforts lasting less than one (1) hour."
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(6) Part 10, concerning driving, overtaking and passing, is hereby
amended by the addition of a new Section 1014 , to read in its
entirety as follows :
"1014. Driving within bike lanes.
(1} It shall be unlawful for the driver of any motor vehicle to drive
such vehicle within the boundaries of posted bicycle pathways
except under the following conditions :
(a) As may be necessary to execute an otherwise lawful turn;
or
(b) As may be necessary in an emergency or in compliance
with directions of a police officer.
(2) A driver of any motor vehicle who shall drive his vehicle into a
bicycle pathway in accordance with one (1) of the exceptions
provided above in subsection (1) shall operate his motor
vehicle with such degree of skill and care as is necessary to
avoid colliding with any person or object within the bicycle
pathway."
(7) Subsections (a) through (f) of Section 1101 (2), concerning speed
limits, are hereby repealed and a new Subsection (a} is added to
read as follows :
"(a) Twenty-five (25) miles per hour on all streets within the City
of Wheat Ridge boundaries unless otherwise posted ."
(8) Subsection (4) of Section 1101 , concerning speed limits , is hereby
repealed and reenacted to read as follows :
"(4) The speed limits specified in subsection (2) hereof shall be
considered maximum lawful speed limits and not prima facie
speed limits."
(9) Section 1203, reserved , is hereby amended to read in its entirety
as follows :
"1203. Parking of major vehicles .
(1) It shall be unlawful for any person to park or store, or allow the
parking or storing of, a major vehicle upon any dedicated
public street or road , or private drive, street or road , or public
right-of-way or easement or park within the City of Wheat
Ridge, except as hereinafter specified.
(2) For the purposes of this section 1203, ·major vehicle' is
defined as any vehicle :
(a) Eight (8) feet or more in width , and/or
(b) Twenty-five (25) feet or more in length , or
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(c) Regardless of size, a truck tractor or semi-trailer, or
(d) Any vehicle licensed in the State of Colorado, or required
to be licensed by the Colorado Department of Motor Vehicles
in Colorado, or, if not a Colorado vehicle , which would
otherwise be required to be licensed by the Department of
Motor Vehicles in Colorado under any of the categories
COMM , GTM, Metro, apportioned , or farm .
(3) Notwithstanding the foregoing provisions, the following
exceptions apply to the provisions of this section 1203:
(a) Any major vehicle in immediate and active use, or in the
process of actively being loaded or unloaded;
(b) Fire trucks, ambulances, emergency rescue vehicles, tow
trucks , and other emergency vehicles in use;
(c) Passenger buses or vehicles owned or operated by
regulated or governmental or quasi-governmental corporations
or entities or agencies or public or private schools and/or
churches; provided, that said buses or vehicles are parked on
the property owned by the governmental or quasi-
governmental corporation or entity or agency, or church or
school ;
(d) Motor homes or recreational vehicles if parked or stored
upon the property of the owner, or if said vehicles are owned
by one other than the property owner where parked, if said
motor vehicles or recreational vehicles are stored or parked on
said private property with the knowledge and consent of the
property owner; provided that no more than two (2) such
vehicles are stored on any such lot or parcel at any one (1)
time, and said vehicle is parked six (6) feet or more inside the
front property line; except that , for the purpose of allowing the
loading or unloading of any motor home or recreational
vehicle , such motor home or recreational vehicle may be
lawfully parked on a public street directly in front of the
property of the owner of the vehicle , or directly in front of the
property of the person or persons being visited by the owner or
operator of the vehicle, for a maximum period of seventy-two
(72) hours, no more frequently than once in each two-week
period ;
(e) Passenger or other vans or pickup trucks bearing COMM ,
Metro, or farm license plates if the vehicle in question is used
by the owner as a personal transportation vehicle when the
same is not being utilized for business or commercial
purposes;
(f) Any major vehicle parked in or upon property upon which a
special use permit is granted authorizing the parking of
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commercial semitrailers and trailers pursuant to the zoning
ordinance ;
(g) Any equipment, implements , machinery , and/or large
trucks , trailers and/or semi-tractor trailers authorized pursuant
to the zoning ordinance ;
(h) Any major vehicle parked or stored upon property wherein
the use or storage of sa id major vehicle is related to the
transportation needs of the business conducted on such
property;
(i) No provision of section 1203 of this code shall apply upon
state highways within this municipality.
(4) Enforcement. Notwithstanding any other provisions of this
Model Traffic Code or of the Wheat Ridge City Code , any
major vehicle as defined herein which is parked or stored in
violation of the provisions of section 1203 of this code shall be
subject to being towed and stored , at the owner's sole
expense , by a towing contractor selected by the chief of police
of the City of Wheat Ridge . The towing of illegally parked
vehicles is necessary to ensure traffic and pedestrian safety by
removing the view impediment created by the illegally parked
major vehicles . In addition to the right to tow said illegally
parked major vehicles, authority is granted to impose
administrative charges upon the owner or operator of said
illegally parked vehicle , or the owner of property allowing or
permitting such illegal parking , subject to the following
requirements :
(a) To defray the cost of enforcement of this provision , a
charge of fifty dollars ($50 .00 ) shall be imposed for the first
offense , one hundred dollars ($100 .00) for the second offense ,
two hundred dollars ($200 .00) for the third offense , and three
hundred dollars ($300 .00) for the fourth or subsequent
offenses ;
(b) Any person subjected to said administrative charges who
objects thereto shall be entitled to either:
1. Request a hearing before the municipal court referee
appointed pursuant to Section 14-1 0 of the Wheat Ridge Code
of Laws , which hearing shall be held no less than seventy-two
(7 2) hours after the making of said request; or
2. Have a summons and complaint issued directing such
person to appear in the Wheat Ridge Municipal Court to
answer charges of violating section 1203 of th1s code . If found
guilty in the Wheat Ridge Municipal Court of such charges or if
a guilty plea is entered , the court shall impose fines as
specified in subsection 1203 (4)(a) herein .
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(c) No vehicle shall be released from storage after towing
unless and until all towing and storage charges have been
paid, and all administrative charges specified in this section
1203 have been paid , or evidence is presented by the Wheat
Ridge Police Department in the municipal court that the rights
granted under section 1203(4)(b)(2) of this code have been
invoked. In the event any towing is found to be improper all
costs for towing and storage shall be reimbursed by the city to
the owner."
(10) Section 1204 , concerning stopping, standing or parking in
specified places, is hereby amended by the addition of a new
subsection 1204( 1 )(I) to read as follows :
u(l) Within designated and marked emergency access lanes so as
to obstruct such access lanes anywhere within the municipality of
the City of Wheat Ridge , whether upon public or private property.
except emergency vehicles (i .e ., police cars , fire department
vehicles, ambulances , EMT vehicles, etc.) during the answering of
an emergency call ."
( 11) Section 1208, concerning parking privileges for persons with
disabilities, is hereby amended by deleting Subsection (7) and
amending the language of subsections (5) and (6) to read as
follows :
"(5) No person shall stop, stand or park a vehicle, except when
necessary to avoid conflict with other traffic or in compliance
with directions of a police officer, in a zone that is designated
as a handicapped parking area in a manner which obstructs or
may obstruct the use of the designated handicapped parking
area by a vehicle with distinguishing license plates or by a
vehicle with an identifying placard indicating that the occupant
of said vehicle is a person with a disability as defined herein
unless the vehicle has a distinguishing license plate or an
identifying placard indicating that the occupant of said vehicle
is a person with a disability.
(6) (a) A person who does not have a disability and who exercises the
privilege defined in subsection (2) of this section or who
violates subsection (5) or (10) of this section commits a class 8
traffic infraction punishable by a minimum fine of three hundred
fifty dollars, not to exceed one thousand dollars, for the first
offense and a minimum fine of six hundred dollars, not to
exceed one thousand dollars, for a second offense or
subsequent offenses.
(b) A person who violates this subsection (6) by parking a vehicle owned
by a commercial carrier, as defined in section 42-1-102 (17), shall be
subject to a fine of up to twice the penalty imposed in paragraph (a)
of this subsection (6), not to exceed one thousand dollars.
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(7) A person who does not have a disability and who uses an
identifying license plate or placard in order to receive the benefits
or privileges available to a person with a disability under this section
commits a misdemeanor punishable by a minimum fine of three
hundred fifty dollars. not to exceed one thousand dollars, for the
first offense and a minimum fine of six hundred dollars, not to
exceed one thousand dollars for a second offense or subsequent
offenses.
(8)(a) A peace officer or authorized parking enforcement official may check
the identification of any person using an identifying license plate or
placard in order to determine whether such use is authorized .
(12) Section 1407, concerning spilling loads on highways is amended
to read as follows :
"1 407 Spilling loads on streets or highways prohibited .
(1) No vehicle shall be driven or moved on any street or highway
unless such vehicle is constructed or loaded or the load
thereof securely covered to prevent any of its load from
dropping, sifting , leaking or otherwise escaping therefrom ;
except that sand may be dropped for the purpose of securing
traction , or water or other substance may be sprinkled on a
roadway in cleaning or maintaining such roadway .
(2) Violation of this section constitutes a traffic infraction. In the
event that a vehicle unlawfully spills its lo ad on public property ,
the driver and/or owner of such vehicle shall be liable to the
city for any damages caused by such spill. In addition , if city
employees must take any action in removal or mitigation of
such a spill , the driver and /or owner shall also reimburse the
city or its employees' removal or mitigation efforts at the rate of
one hundred dollars ($100.00) for any response lasting less
than one (1) hour."
(13) Part 14, concerning other offenses, is hereby amended by the
addition of a new section 1416 to read in its entirety as follows :
"14 16. Driving through private property or driveways.
(1) It is unlawful for any person to drive from a public street or
public way of this city over, across or through any private
driveway to avoid traffic-control signals , stop signs or other
traffic-control devices or as a route or shortcut from one {1)
public street or public way to another.
(2) As used in subsection (1) of this section , 'private property'
includes, but is not limited to , any property not dedicated as a
public street or public way, alley, right-of-way or easement.
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(3) It shall be an affirmative defense to a charge of violating
subsection (1) that the person charged is the owner of or has a
leasehold interest in or an easement on or the right to the
possession or use of the property or driveway through or
across which the motor vehicle is driven ."
(14) Part 14, concerning other offenses , is hereby amended by the
addition of a new section 1417 to read in its entirety as follows :
"1417. Traffic Violations Comm1tted in Certain Zones
(1) Any person who commits a moving traffic violation in a school ,
maintenance , repair, or construction zone , which zone has
been marked or posted as such , is subject to double the
amount of penalty and surcharge imposed . For the purposes
of this section , "school zone" means an area that is designated
as a school zone with signs posted on the public right-of-way.
If the penalty and surcharge has been doubled because a
violation occurred within a highway maintenance , repair, or
construction zone which was also a designated school zone ,
the penalty and surcharge shall not be doubled twice ."
(15) Section 1701 , concerning the classification of traffic offenses and
schedule of fines, is hereby amended to read in its entirety as
follows :
"1701 . Traffic offenses and infractions classified -penalties -
penalty and surcharge schedule
(1) Except as specifically set forth in this Section 1701 , it is a
traffic infraction for any person to violate any of the provisions
of this code . Any designation or classification of a violation in
any other section of th is code is inapplicable and expressly
superseded by this Section 1701 . Traffic infractions shall
constitute civil matters . The Colorado Rules of Municipal
Procedure shall apply to traffic infraction 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 wh ich participates in the Interstate Nonresident Violator
Compact , as codified at C.R.S . § 24-60-2101 . Instead , the
court may enter a judgment of liability by default against the
defendant for failure to appear, assess any penalty and costs
established by law and report the judgment to the appropriate
state motor vehicle department which may assess points
against the defendant's driver's license and may take
appropriate action to ensure that the judgment is satisfied .
There is no right to a trial by jury for any noncriminal traffic
infraction .
(2) The following violations constitute criminal traffic offenses:
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(a) A violation of section 1101 involving driving twenty-five
(25) or more miles in excess of the lawful speed limit.
(b) A violation of section 1101(8)(a) involving driving twenty -
five (25) miles or more in excess of the speed limit on any
interstate highway.
(c) Violations of sections 1105 (speed contests), 1401
(reckless driving ), 1402 (careless driving ), 1409 (failure to
show compulsory insurance ), 1413 (eluding a police officer),
1703 (aiding and abetting a traffic offense) and 1903 (failing to
stop for a school bus) of the Model Traffic Code , as amended .
(3 ) Notwithstanding any other provision of this code to the
contrary , traffic infractions as provided in this code shall be
subject to the following maximum penalty : a fine of $1 ,000.00.
Court costs as authorized by state and local law shall be
added to the fine .
(4) Notwithstanding any other provision of this code to the
contrary, criminal traffic offenses as provided in this code shall
be subject to the following maximum penalties . 1 year
imprisonment or fine of $1 ,000 .00 or both . Court costs as
authorized by state and local law shall be added to any penalty
imposed .
(16) Section 1709, concerning penalty assessment notices , is
amended by the addition of new subsections (6 ) and (7) to read in
their entirety as follows :
"(6) Payment of a penalty assessment notice by the person to
whom the notice is tendered shall constitute an
acknowledgment of guilt by such person of his or her violat ion
of the offense stated in such notice .
(7 ) Payment of the prescribed fine shall be deemed a complete
satisfact ion for the violation , and the city , upon accepting the
prescribed fine , shall issue a receipt to the violator
acknowledging payment thereof if requested . Checks tendered
and accepted and on wh ich payment is received shall be
deemed sufficient receipt."
(17) Parl 17, concerning penalties and procedure , is hereby amended
by the addition of a new section 1718 to read in its entirety as
follows :
"1718 . Penalty-Compulsory insurance .
(1) Notwithstanding the provisions of Section 1701 of th is Code ,
any person who violates section 1409 of this Code shall be
punished by a minimum mandatory fine of not less than five
hundred dollars ($500.00). The court may suspend up to one
half of the fine upon a showing that appropriate insurance as
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required by law has been obtained . Nothing herein shall be
construed to prevent the court from imposing a fine greater
than the minimum mandatory fine .
(2) Notwithstanding the provisions of Section 1701 of this Code,
upon a second or subsequent conviction under section 1409 of
this Code within a period of five years following a prior
conviction under said section 1409 , in addition to any
imprisonment imposed , the defendant shall be punished by a
mmimum mandatory fine of not less than one thousand dollars
($1 ,000 .00). The court may suspend up to one half of the fine
upon a showing that appropriate insurance as required by law
has been obtained .
(3) Fifty percent of all fines collected pursuant to this Section 1718
shall be deposited in the Hotel/Motel Fund to be used for
community policing and crime prevention projects and
purposes . The remaining fifty percent shall be deposited in the
General Fund ."
(18) Part 18, concerning vehicles abandoned on public property, is
deleted in its entirety.
(c) Purpose; rules of interpretation . This section shall be so interpreted and
construed as to effectuate its general purpose to make uniform the local
traffic regulations contained herein . The purpose of this section 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 nation . Article and section headings of this
section 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.
(d) Application. The provisions of the adopted Model Traffic Code , as
amended , 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 this city , the use of which this city has
jurisdiction and authority to regulate . The provisions of sections 606,
1204, 1208 , 1211 , 1401 , 1402 , 1409 and 1413, of the adopted Model
Traffic Code , respectively, concerning unauthorized devices , parking ,
parking for persons with disabilities , limitations on backing , reckless
driving , careless driving , failing to show compulsory insurance and
eluding an officer shall apply not only to public places and ways , but also
throughout this city .
(e) Penalties. Except as otherwise provided in sections 13·6(b) and (d), any
person convicted of any violation of the provisions of this chapter shall be
subject to penalties as set forth in section 1701 of the Model Traffic Code ,
as amended .
Section 2. Section 1343 of the Wheat Ridge Code of Laws , concerning vehicle tows
and impoundments , is hereby amended by deleting subsection (b) thereof, which refers to
impoundments pursuant to 1802 and 1803 of the 2003 Model Traffic Code.
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Section 3. Safety Cla use. The City Council hereby finds , determines, and declares
that this Ordinance is promulgated under the general police power of the City of Wheat Ridge , that
it is promulgated for the health , safety , and welfare of the public and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public convenience
a nd welfa re . T he City Council furth er determines that t he Ordinance bears a rational relation to the
proper legislative object sou ght to be attai ned .
Section 4. Severability; Conflicting Ordinances Repealed. If any section , subsection
or clause of th is Ord inance shall be deemed to be unconstitut ional or otherwise invalid , the validity
of the remaining sections , subsections and clauses shall not be affected thereby. All other
ordinances or parts of ordinances in conflict with the provisions of th1s Ordinance are hereby
repe aled .
Section 5. Effective Date. This Ord inance sh all take effect on November 1, 2012 after
adoption at second and fina l reading , as authorized by Section 5.11 of the Ch arter.
INTRODUCED, READ, AND ADOPTED on first re ad i ng by a vo te of 8 to 0 on this 23th day
of July, 2012, ordered published in full in a newspaper of general circulation in the City of Wheat
Ridge and P ublic Hearing and consideration on final passage set for August 13, 2012 , at 7:00
o'clock p .m., in the Counc il Ch ambers, 7500 West 29th Avenue , Wheat Ridge , Colorado.
READ , ADOPTED AND ORDERED PUBLISHED on second and final reading , after public
hearing, by a vote of 7 to 0, this 13th day of August , 2012 .
ATIEST :
First Publication : July 26 , 2012
Second Publication : August 16, 2012
Wheat Ridge Transcript
Effective Date: November 1, 2012
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