ORDINANCE NO. 04-1 BOARD OF COUNTY COMMISSIONERS COUNTY OF EL PASO, STATE OF COLORADO AN ORDINANCE PERTAINING TO THE CONTROL AND REGULATION OF THE MOVEMENT AND PARKING OF MOTOR VEHICLES ON PUBLIC PROPERTY IN THE UNINCORPORATED TERRITORY OF EL PASO COUNTY WHEREAS, Sections 30-15-401(1)(h), C.R.S., authorizes a board of county commissioners to adopt ordinances which control and regulate the movement and parking of motor vehicles on public property, and WHEREAS, Sections 42-4-110 and 42-4-111, C.R.S., authorize local authorities to enact and enforce traffic regulations on roads and streets within their jurisdiction; and WHEREAS, Section 42-4-110(1)(b), C.R.S., authorizes local authorities to adopt by reference all or part of a model traffic code which embodies the rules of the road and the vehicle requirements set forth in Section 42-4-110, C.R.S. and Section 42-4-111, C.R.S., except in the case of state highways, in which case any regulations shall also be approved by the Colorado Department of Transportation; and WHEREAS, the Board of County Commissioners wishes to adopt by reference the 2003 Edition of the Model Traffic Code for Colorado; and WHEREAS, the Board of County Commissioners finds that the adoption of a uniform traffic code is in the best interests of the public health, safety, and welfare of the citizens of El Paso County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of El Paso County, Colorado, as follows: Section 1 Section 2 Repeal and Re-Enactment. The Board of County Commissioners hereby repeals Ordinance No. 01-1, and re-enacts said Ordinance as indicated below. Adoption of Model Traffic Code. Pursuant to Section 42-4-110(1), C.R.S., and part 4 of article 15 of title 30, C. R. S., there is hereby adopted by reference Articles I and II, inclusive, of the 2003 Edition of the Model Traffic Code for Colorado (hereinafter Model Traffic Code), promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP700., Denver, CO 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the County. The 1
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 and Recorder for El Paso County Colorado, and may be inspected during regular business hours. Section 5 Deletions from Model Traffic Code. The following sections of the Model Traffic Code are declared to be inapplicable to El Paso County, and are therefore expressly excluded and hereby deleted from the El Paso County Traffic Code: Sections 107, 108, 114; Sections 203, 227(3)(b), 228, 233, 235; Sections 507, 508, 509, 510, 511; Sections 613; Sections 808; Sections 1105; Sections 1208; Sections 1401, 1402, 1406, 1414, 1415; Sections 1705, 1706, 1707(1), 1707(2), 1707(4)(a) & (b), 1707(6); Sections 1901, 1902, 1903, and 1904. Section 6 Modifications to Model Traffic Code. The following sections of the Model traffic Code are hereby modified by the Board of County Commissioners as follows: a. All references in the Model Traffic Code to municipal, municipality, or municipalities shall be deleted and the words county or counties shall be inserted in their stead. b. All references made to police officer or police officers shall be deleted, and the words deputy sheriff or deputy sheriffs shall be inserted in their stead. c. All references to the Colorado Municipal Court Rules of Procedure (C.M.C.R.) shall be deleted and the Colorado Rules for Traffic Infractions and/or Colorado rules for County Court shall be inserted in their stead, as applicable. d. Section 1701 of the model Traffic Code shall delete all references to traffic offenses and insert Traffic infractions in their stead. e. Sections 1707(3)(a), 1707(5), and 1710(1), shall delete all references to offense and insert infraction in its stead. f. Section 1707(5) shall delete all references to summons and summons and complaint and shall insert penalty assessment notice in their stead. g. Section 1710(1) shall delete all references to complaint and insert penalty assessment notice in its stead. 2
h. Section 1707 (3)(b) shall delete the words, municipal prior to court, i. Section 1715(2) shall delete the words, or forfeiture of bail, or bail was forfeited, and or forfeited bail. j. Section 1715)3) shall delete the works or whether bail forfeited and or forfeiture. Section 7 Penalty Assessment Procedure and Penalties. a. Any person who violates any provision of this Ordinance commits a traffic infraction. Except when otherwise prohibited herein, the penalty assessment procedure provided in Section 42-4-1701, C.R.S. may be followed by the assessing officer for any such violation of this Ordinance. b. In addition to the penalties prescribed in this Section, persons convicted of a violation of this Ordinance are subject to the surcharge set forth in Section 42-4-1701, C.R. S. Each defendant shall pay the fines and surcharges thereon into the general fund of El Paso County as set forth in Section 30-15-402(1), C. R. S. c. In addition each defendant shall pay a ten dollar ($10.00) surcharge for each violation to the clerk of the court as provided in Section 30-15-402(2), C. R. S. The clerk of the court shall transmit the ten dollar ($10.00) surcharge to the court administrator of the Fourth Judicial District for credit to the Victims and Witness Assistance and Law Enforcement fund established pursuant to Section 15-5-.2-103, C. R.S. Court costs shall be paid direct to the Clerk of the Court. d. In addition each defendant convicted of operating a vehicle in excess of the speed limit in violation of Section 1101, shall pay to the clerk of the court a ten dollar ($10.00) surcharge, as provided in Section 30-15-402(3), C.R.S. The clerk of the court shall transmit the moneys to the State Treasurer, who shall credit the same to the Colorado Traumatic Brain Injury Trust Fund created pursuant to Section 26-1- 309, C.R.S. e. Traffic infractions are divided into two classes, denoted by TIA for Class A Traffic Infractions, and TIB for Class B Traffic Infractions. f. The penalties for violating specific Sections of this Ordinance shall be as set forth in Appendix B to the Ordinance. g. Pursuant to Part 17 of the Model traffic Code, points assessed against a driving privilege shall be in conformance to the provisions of section 41-2-127, C. R. S., to include reduction in po8ints specified in Section 42-2-127)(5.5), C. R. S. h. If the penalty assessment procedure authorized by this Ordinance is not used, Court costs may be assessed against violators in addition to the fine imposed by this Ordinance. Section 8 Application. This Ordinance shall apply to every street, alley, sidewalk area, driveway, or park, and to every other public way, public place, or public 3
parking area within the unincorporated areas of El Paso County, Colorado, the use of which this county 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 county. Section 9 Section 10 Section 11 Section 12 Section 13 Validity and Severability. If any section or part of this Ordinance is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Board of County Commissioners hereby declares that it would have passed this Ordinance and each part or parts there of, irrespective of the fact that any one part or parts might be declared invalid. If any one or more of the provisions of this Ordinance is determined by a court of law to be invalid, such determination shall not affect the validity of the remaining provisions of this Ordinance. Interpretation. This Ordinance shall be so interpreted and construed as to effectuate its general purpose to conform to the State s uniform system for the regulation of vehicles and traffic. Section headings and cross-references in 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. Enforcement. The El Paso County Sheriff is hereby directed to enforce the provisions of this Ordinance. Disposition of Fines. Al fines for violations of this Ordinance shall be paid to the El Paso County Treasurer, who shall deposit said fines into the El Paso County General fund. Effective Date. This ordinance shall take effect on August 4, 2004 or thirty (30) days following the final publication and adoption on second reading by the Board of County Commissioners, whichever is later. FIRST READING: INTRODUCED, READ AND ADOPTED ON FIRST READING on June 14, 2004, and ordered published in the El Paso County Advertiser and News. 4
ATTEST: THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EL PASO, COLORADO By: Deputy Clerk to the Board Chuck Brown, Chairman of the Board Clerk and Recorder s Office El Paso County SECOND READING: INTRODUCED, READ AND ADOPTED ON SECOND READING on, 2004 and ordered published in the. ATTEST: THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EL PASO, COLORADO Deputy Clerk to the Board Clerk and Recorder s Office El Paso County By: Chuck Brown, Chairman of the Board CERTIFICATE OF PUBLICATION AND ADOPTION I hereby certify that the foregoing Ordinance No. 04-1 was introduced, read, and adopted on first reading at the regular meeting the Board of County Commissioners of the County of El Paso on June 14, 2004, and the same was published in full in the El Paso County Advertiser and News, a newspaper of general circulation published in El Paso County on June 16, 2004. Said ordinance was published by reference to title only on June 30, 2004. By: Deputy Clerk to the Board Clerk and Recorder s Office El Paso County State of Colorado ) ) ss. County of El Paso ) Subscribed and sworn to before me this day of, 2004. 5
Notary Public My commission expires: 6
Appendix B El Paso County Ordinance No. 04-1. EPC TRAFFIC CODE SECTION VIOLATION CLASS FINE TOTAL SURCHARGE 109 Operating or permitting operation of TIB $15.00 $12.60 motorized bicycles, skates, skis, toy vehicles and recreational vehicles on highway 201 Permitting obstruction of view or TIA $35.00 $15.20 interference with driving mechanism 202 Operating unsafe vehicle TIA $35.00 $15.20 204 Operating vehicle without required TIA $15.00 $12.60 use of vehicle lighting equipment 205 Operating vehicle without required TIB $15.00 $12.60 head lamps 206 Operating vehicle without required TIB $15.00 $12.60 tail lamps and/or reflectors 207 Operating vehicle without required TIB $15.00 $12.60 vehicle clearance lamps 208 Operating vehicle without required TIB $15.00 $12.60 stop lamps or turn signals 209 Operating vehicle without lamp or TIA $15.00 $12.60 flag on projecting load 210 Failure to operate lamps on parked TIB $15.00 $12.60 vehicles when required 211 Operating farm equipment without TIB $15.00 $12.60 required lamps 212 Violated restrictions on vehicle spot TIB $15.00 $12.60 lamps and auxiliary lamps 213 Failed to activate audible and visual TIA $15.00 $12.60 signals on an emergency vehicle when required 214 Failed to activate visual signals on a TIB $15.00 $12.60 service vehicle when required 215 Violated restrictions on signal lamps, TIB $15.00 $12.60 devices and additional lighting equipment 217 Operating vehicle without required TIB $15.00 $12.60 multiple beam road lights; use of multiple beam lights; failure to dim lights 219 Operating vehicle with an excess number of lamps TIB $15.00 $12.60
220 Operating motorized bicycles/motor driven cycles without required lighting equipment 221 Riding bicycle without required lamp/reflector/braking equipment 222 Misuse of emergency equipment by volunteer firefighters/ambulance attendants 223 Operating vehicle without required adequate brakes 224 Operating vehicle without required horn and/or warning device 225 Operating vehicle without a muffler, an inadequate muffler or a modified muffler system that failed to reduce noise 226 Operating vehicle without required mirrors 227 Operating vehicle with illegal window tinting/obstructed windshield/windshield wipers 228 Operating vehicle with inadequate/illegal/unsafe tires 229 Operating a vehicle without safety glazing materials in windshield glass 230 Failed to carry and use required emergency lighting equipment 231 Operating vehicle with parking lights only when headlights required 232 Operating motorcycle or motordriven cycle without driver/passenger eye protection equipment/passenger footrests 234 Operating a slow moving vehicle without required emblem 235 Minimum standards for commercial vehicles 236 Operating a vehicle without an applicable child restraint system/safety belt in use 237 Driver/passenger did not wear a safety belt when required 502 Operating or permitting operation of overwide vehicle 503 Operating passenger car with projected load TIB $15.00 $12.60 TIB $15.00 $12.60 TIB $15.00 $12.60 TIA $15.00 $12.60 TIB $15.00 $12.60 TIB $15.00 $12.60 TIB $15.00 $12.60 TIB $50.00 $17.80 TIA $15.00 $12.60 TIB $15.00 $12.60 TIB $15.00 $12.60 TIB $15.00 $12.60 TIA $15.00 $12.60 TIB $15.00 $12.60 TIA $50.00 $17.80 TIB $50.00 $17.80 TIB $15.00 $12.60 TIB $75.00 $21.70 TIB $15.00 $12.60
504 Operating or permitting operation of TIB $75.00 $21.70 an overweight/overlength vehicle 506 Violating restriction on towing vehicle or trailer TIB $15.00 $12.60 507 Wheel and axle load TIA See Commercial Vehicle Supplement 508 Gross weight of vehicles TIA See Commercial Vehicle Supplement 509 Vehicles weighed excess removed TIB $50.00 $17.80 512 Operating vehicle/object/contrivance TIA $75.00 $21.70 that causes damage to highway or highway structure 603 Disobeying official traffic device: TIA $35.00 $15.20 sigh/signal/marking 604 Disobeying traffic control signal TIA $35.00 $15.20 605 Disobeying requirements at a TIA $35.00 $15.20 flashing signal 606 Displaying unauthorized TIA $35.00 $15.20 sign/signal/marking or traffic control device 607 Unlawfully interfering with an TIB $50.00 $17.80 official control device 608 Failing to display hand or lamp TIA $15.00 $12.60 signal when required 610 Displaying unauthorized insignia TIB $15.00 $12.60 612 Disregarding procedures for TIA $35.00 $15.20 inoperative/malfunctioning traffic signals 701 Failure to yield right of way when TIA $35.00 $15.20 required 702 Failure to yield right of way when TIA $35.00 $15.20 turning left 703 Failure to stop at a stop sign or yield TIA $35.00 $15.20 right of way when required 704 Driver entering road or highway TIA $35.00 $15.20 failing to yield right of way 705 Failure to yield right of way on TIA $35.00 $15.20 approach of an emergency vehicle 706 Failure to obey railroad signal TIA $35.00 $15.20 707 Failure to stop at railroad grade TIA $35.00 $15.20 crossing when required 708 Violating restrictions regarding TIB $35.00 $15.20 heavy equipment movement at railroad grade crossing 709 Driver obstructed other vehicles at an intersection/crosswalk/railroad grade TIA $35.00 $15.20
crossing 710 Failure to yield right of way to a TIA $35.00 $15.20 pedestrian when required 711 Failure to obey requirements for TIA $35.00 $15.20 mountain/defile/canyon driving 712 Failure to yield right of way in a TIA $35.00 $15.20 construction zone when required 801 Pedestrian failed to obey traffic TIB $15.00 $12.60 control device or signal 802 Failure to yield right of way to TIA $15.00 $12.60 pedestrian in crosswalk 803 Pedestrian failed to yield to a vehicle TIB $15.00 $12.60 at other than a crosswalk 805 Pedestrian violated restrictions while TIB $15.00 $12.60 walking along or on a roadway; pedestrian stood on roadway to solicit a ride; pedestrian or rider of an animal was under the influence of alcohol or drugs while on a roadway 806 Driving through a pedestrian safety TIA $35.00 $15.20 zone 807 Failure to exercise due care when TIA $35.00 $15.20 approaching a pedestrian 808 Operator/pedestrian failed to yield to TIA $35.00 $15.20 an obvious disabled person 901 Operator violated restrictions on TIA $35.00 $15.20 turning right or left 902 Made prohibited U-Turn TIA $35.00 $15.20 903 Failure to properly signal a TIA $35.00 $15.20 turn/slowdown/stop 1001 Failure to drive on the right side of TIA $35.00 $15.20 the roadway 1002 Failure to yield one-half of roadway TIA $35.00 $15.20 to oncoming traffic 1003 Violated restrictions on passing/being TIA $35.00 $15.20 passed 1004 Drove off pavement to pass TIA $35.00 $15.20 1005 Violated restrictions when passing on TIA $35.00 $15.20 left 1006 Driving wrong way on a one-way TIA $35.00 $15.20 roadway 1007 Failure to drive in single lane TIA $35.00 $15.20 1008 Following too closely TIA $35.00 $15.20 1009 Coasting vehicle when prohibited TIA $35.00 $15.20 1010 Operator driving across a raised median to turn left TIA $35.00 $15.20
1011 Improper use of runaway vehicle TIA $100.00 $25.60 ramp 1012 Violation of restrictions on use of TIA $65.00 $10.00 high occupancy lane 3 or more violations within 12 TIA $125.00 $10.00 months 1101 Too fast for conditions TIA $35.00 $15.20 1-4 MPH over posted limit TIA $15.00 $12.60 5-9 MPH over posted limit TIA $35.00 $15.20 10-19 MPH over posted limit TIA $50.00 $17.80 20-24 MPH over posted limit TIA $100.00 $25.60 Speeding fines subject to doubling in school and construction zones 1103 Impeding normal flow of traffic TIA $15.00 $12.60 1201 Violating safety precautions when TIA $15.00 $12.60 starting a vehicle 1202 Abandoned vehicle on the paved or TIB $15.00 $12.60 improved portion of a highway 1204 Stopped/left standing/parked vehicle TIB $15.00 $12.60 where restricted or prohibited by signs/markings 1205 Violated restrictions on parking at TIB $15.00 $12.60 curb or shoulder of road 1206 Violated restrictions on an TIB $15.00 $12.60 unattended vehicle 1207 Violated restrictions on opening TIB $15.00 $12.60 vehicle doors 1208 Violated restrictions on handicapped TIB $50.00 $17.80 parking 1211 Illegal backing TIA $15.00 $12.60 1403 Violated restrictions following fire TIA $15.00 $12.60 apparatus 1404 Crossing fire hose TIB $15.00 $12.60 1405 Violated restrictions in riding in a TIB $15.00 $12.60 trailer 1406 Littered foreign material on a TIB $35.00 $15.20 highway 1407 Spilled loads/debris on a highway TIB $35.00 $15.20 1408 Violated restrictions on vehicle in a TIB $15.00 $12.60 park/recreation district 1411 Driver wearing headphones while TIB $15.00 $12.60 driving 1502 Riding on motorcycle other than on TIA $15.00 $12.60 permanently attached seat; violating restrictions applicable to motorcycles 1503 Driving motorcycle between lanes of $15.00 $12.60
traffic; operating motorcycles more than two abreast 1504 Person riding on motorcycle attached himself to another vehicle $15.00 $12.60 COMMERCIAL VEHICLE SUPPLEMENT Excess Weight In Pounds Penalty Total Surcharge 1-3,000 $15.00 $16.50 3,001-4,250 $25.00 $21.70 4,251-4,500 $50.00 $33.40 4,501-4,750 $55.00 $36.00 4,751-5,000 $60.00 $38.60 5,001-5,250 $65.00 $41.20 5,251-5,500 $75.00 $45.10 5,501-5,750 $85.00 $50.30 5,751-6,000 $95.00 $55.50 6,001-6,250 $105.00 $59.40 6,251-6,500 $125.00 $69.80 6,501-6,750 $145.00 $78.90 6,751-7,000 $165.00 $89.30 7,001 7,250 $185.00 $98.40 7,251 7,500 $215.00 $114.00 7,501-7,750 $245.00 $127.00 7,751-8,000 $275.00 $141.30 8,001-8,250 $305.00 $155.60 8,251-8,500 $345.00 $175.10 8,501-8,750 $385.00 $194.60 8,751-9,000 $425.00 $214.10 9,001-9,250 $465.00 $233.60 9,251-9,500 $515.00 $257.00 9,501-9,750 $565.00 $281.70 9,751-10,000 $615.00 $305.10 10,001-10,250 $665.00 $329.80 Over 10,250 $ 30.00 for each 250 pounds additional overweight, plus $ 665.00 $ 14.30 for each 250 pounds additional overweight, plus $ 256.00