HomeMy WebLinkAboutOrdinance-2003-1297
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Mancinelli
Council Bill No 24-2003
Ordinance No 1297
Series of 2003
TITLE, AN ORDINANCE ADOPTING BY REFERENCE THE 2003 EDITION OF THE
MODEL TRAFFIC CODE FOR COLORADO AND THE MODEL TRAFFIC
CODE AMENDMENTS PREVIOUSLY ADOPTED BY THE CITY;
PROVIDING PENALTIES FOR MODEL TRAFFIC CODE VIOLATIONS, AND
MAKING CONFORMING AMENDMENTS TO THE WHEAT RIDGE CODE
OF LAWS,
WHEREAS, pursuant Part 2 of Article 16 of Title 31 of the Colorado Revised
Statutes, and Section 5 16 of the Wheat Ridge City Charter, the City possesses the
authority to adopt codes and parts thereof by reference, including ordinances of the
City; and
WHEREAS, pursuant to this authority, the City has previously adopted the 1995
edition of the Model Traffic Code for Colorado, as promulgated and published by the
Colorado Department of Transportation, and amendments thereto, codified at
subsection (b) of Section 13-2 of the Code of Laws of the City of Wheat Ridge ("Code of
Laws"); and
WHEREAS, the Colorado Department of Transportation has prepared and
published a 2003 edition of the Model Traffic Code for Colorado, and
WHEREAS, the City 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 traffic regulations throughout the state and nation; and
WHEREAS, a public hearing on this Ordinance at second reading, and proper
notice thereof, was provided in accordance with C,R.S S 31-16-203, and
WHEREAS, at least three (3) certified copies of both the 2003 edition of the
Model Traffic Code for Colorado and the amendments set forth in subsection (b) of
Section 13-2 of the Code of Laws were filed with the City Clerk at least fifteen (15) days
prior to public hearing on this Ordinance and such codes remain open to public
inspection and purchase in accordance with C,R.S, S 31-16-206, and
WHEREAS, the City wishes to adopt by reference the 2003 edition of the Model
Traffic Code for Colorado and the Model Traffic Code amendments codified as
subsection (b) of Section 13-2 of the Code of Laws, and make conforming amendments
to the Code of Laws
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO'
Section 1 There is hereby adopted by reference Articles I and II, inclusive, of
the 2003 edition of the Model Traffic Code for Colorado, promulgated and published 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 2003 edition of
the Model Traffic Code is adopted as if set out at length, with amendments as set forth
herein
Section 2, Subsection (a) of Section 13-2 of the Code of Laws is amended by
deleting "1995" throughout and substituting therefor "2003 "
Section 3, Subsection (a) of Section 13-2 of the Code of Laws is amended by
deleting "Staff Traffic and Safety Projects" and substituting therefor "Safety and Traffic
Engineering Branch"
Section 4, There is hereby adopted by reference the Model Traffic Code
amendments codified at subsection (b) of Section 13-2 of the Code of Laws, as adopted
by the City of Wheat Ridge, 7500 W 29th Avenue, Wheat Ridge, Colorado, 80033,
subject to the amendments set forth herein, The subject matter of the amendments
found in subsection (b) of the Code of Laws relates to the comprehensive traffic control
regulations set forth in the Model Traffic Code for Colorado The Model Traffic Code
amendments codified at subsection (b) of the Code of Laws are adopted as if set out at
length, with amendments as set forth herein,
Section 5 Subsection (b) of Section 13-2 of the Code of Laws is amended by
deleting "1995" and substituting therefor "2003 "
Section 6, Paragraph (11) of subsection (b) of Section 13-2 of the Code of
Laws is amended by amending all references to section "1415" to section "1416 "
Section 7, Paragraph (14) of subsection (b) of Section 13-2 of the Code of
Laws is amended by amending all references to section "1416" to section "1417,"
Section 8 The following penalty provisions of the Model Traffic Code, as
adopted and amended by this Ordinance, are set forth in full below as required by
C,R.S 931-16-204,
Section 1208. Parking privileges for person with disabilities - applicability.
(6) Any person convicted of violating any provision of this section
commits a traffic infraction and ins subject to the following penalties, A fine
of not less than fifty dollars ($50 00), nor more than three hundred dollars
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($300 00) In enforcing this section of this code, the municipal court shall
not have the authority to suspend all or any part of any fine for violation
hereof so as to result in a fine of less than fifty dollars ($50 00), it being
the intent of the city council of the City of Wheat Ridge that this section of
the code be strictly and diligently enforced as to provide adequate parking
for person with disabilities free from interference by those not so disabled,
Section 1701. Municipalities - traffic offenses classified - schedule of
fines.
(1) Except as set forth herein, it is a traffic infraction for any person
to violate any of the provisions of this code Such a traffic infraction shall
constitute a civil matter. 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 which 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,
(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) Traffic infractions as provided in this code shall be subject to
the following penalties:
Minimum Penalty
Maximum Penalty
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Fine of $25 00
Fine of $1,000.00
Court costs as authorized by state law shall be added to the
fine
(4) Criminal traffic offenses as provided In this code shall be
subject to the following penalties,
Minimum Sentence
Maximum Sentence
1 day imprisonment or
fine of $10.00, or both
1 year imprisonment or
fine of $1 ,00000, or both
Court costs as authorized by state law shall be added to the
fine
1417. Traffic Violations Committed 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
Section 9, Safety Clause, 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 and welfare, The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be
attained,
Section 10 Severabilitv: ConflictinQ Ordinances Repealed, 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 All other ordinances, parts of ordinances or codes adopted
thereby in conflict with the provisions of this ordinance or the code or ordinance adopted
hereby are hereby repealed
Section 11 Effective Date This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5 11 of the Charter
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INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to
o on this 27th day of May , 2003, ordered published in
full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing
and consideration on final passage set for June ,23 , 2003, at 7 00
o'clock p,m, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 7 to 0 , this 23rd day of June , 2003
SIGNED by the Mayor on this 24th day of June
,2003
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Wanda Sang, City Clerk
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Gerald E, Dahl, City Attorney
First Publication' ...June 5, 2003 : June 12. 2003
Second Publication June 26, 2003
Wheat Ridge Transcript:
Effective Date: Ju1y 11. 7001
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NOTICE OF PUBLIC HEARING ON ADOPTION OF
2003 MODEL TRAFFIC CODE AND AMENDMENTS THERETO
BY REFERENECE
NOTICE is hereby given that the City Council of the City of Wheat Ridge, Colorado, has
scheduled a public hearing on an ordinance adopting by reference the following codes: (1) the
2003 edition of the Model Traffic Code for Colorado (the "MTC"); and (2) amendments to the
Model Traffic Code as previously adopted by ordinance of the Wheat Ridge City Council,
codified as Section 13-2(b) of the Code of Laws of the City of Wheat Ridge (the "Amendments").
Copies of the MTC and the Amendments are on file at the office of the City Clerk and
may be inspected during regular business hours. If enacted as an ordinance of the City, the
MTC and the Amendments will not be published in full, but in accordance with state law, copies
of each will remain on file in the City Clerk's Office
The MTC is published by the Colorado Department of Transportation, Safety and Traffic
Engineering Branch, 4201 East Arkansas Avenue, EP 700, Denver, Colorado 80222. The
subject matter of the MTC relates primarily to comprehensive traffic control regulations for the
City The Amendments were enacted by ordinance of the City of Wheat Ridge, Colorado, and
are codified at subsection (b) of Section 13-2 of the Code of Laws of the City of Wheat Ridge,
as such municipal code exists and is effective on the date of this Notice The subject matter of
the Amendments relates primarily to comprehensive traffic control regulations for the City
The purpose of the adopting ordinance, the MTC and the Amendments is to provide a
system of traffic regulations consistent with state law and generally conforming to similar
regulations throughout the state and the nation,
The public hearing shall take place at the following time and place:
Date: June 23, 2003
Time: 7:00 p.m.
Place:
City Council Chambers
Wheat Ridge Municipal Building
7500 W 29th Avenue
Wheat Ridge, CO 80033
Dated this 29tbayof May
,2003
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Wanda Sang, City Clerk
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