Chapter 10.08
MODEL TRAFFIC CODE
Sections:
10.08.010 Model Traffic Code adopted.
10.08.040 Additions and amendments.
10.08.010 Model Traffic Code adopted.
Pursuant to Parts 1 and 2 of Article 16 of Title 31 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 2010 Edition of the “Model Traffic Code” promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP 700, Denver, CO 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the city. The purpose of this chapter 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 of the city of Glendale, Colorado, and may be inspected during regular business hours. (Ord. 2013-5 § 1)
10.08.020 Application.
This chapter 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 this municipality or county, the use of which this municipality or county has jurisdiction and authority to regulate. The provisions of Sections 710, 1208, 1211, 1401, 1402, 1404, 1409, 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 municipality or county. (Ord. 2013-5 § 2)
10.08.030 Interpretation.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the local traffic regulations contained in this chapter. Chapter, article and section headings of this chapter and of the adopted Model Traffic Code shall not be deemed to govern, limit or modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. (Prior code § 17-22)
10.08.040 Additions and amendments.
A. Section 237 of the Model Traffic Code is amended by the addition of a new subsection (8), which subsection shall read as follows:
(8) Violation of this Section 237 constitutes a traffic infraction, and every person who is convicted of admits liability for, or against whom a judgment is entered for a violation of this Section, shall be fined ten dollars ($10.00).
B. Section 1203 of the 2010 Edition of the Model Traffic Code is added with the following language to read as follows:
1203. Parking in private driveway prohibited when. It is unlawful for any person to park or stand a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaging in loading or unloading, in a private driveway or on private property without the express or implied consent of the owner or person in lawful possession of such driveway or property.
C. Section 1204 of the 2010 Edition of the Model Traffic Code is amended with the new subsection (3)(c), which subsection shall read as follows:
(c) In any fire apparatus access road or fire lane where a sign is posted stating “No Parking, Fire Lane, Tow Away Zone” in conformance with fire department regulations, or in such a manner as to prevent access to any fire lane by obstructing any private access road, gate, fire lane or driveway.
D. Section 1701 of the Model Traffic Code, concerning the classification of traffic offenses and schedule of fines, is amended to read as follows:
(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. Section 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)With the exception of the offense of violating Section 1903, which offense remains a traffic infraction, those offenses for which six (6) or greater points are assessed against the driving license of the violator by the Department of Motor Vehicles for the State of Colorado constitute criminal traffic offenses. Additionally, certain offenses for which less than six (6) points are assessed against the driving license of the violator by the Department of Motor Vehicles for the State of Colorado constitute criminal traffic offenses. These offenses include, but are not limited to:
(a) A violation of Section 1101(1) or 1101(8) involving driving twenty (20) miles or more in excess of the reasonable and prudent speed or in excess of the lawful speed limit.
(b) Violations of Sections 607, 705, 1105, 1401, 1409, and 1413 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 |
|---|---|
|
Fine of $10.00 |
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 |
|---|---|
|
a fine of $10.00 |
a fine of $1,000.00 |
Court costs as authorized by law shall be added to the fine.
E. Section 1709 of the 2010 Edition of the Model Traffic Code is amended by the addition of new subsections (6) and (7), which subsections shall read 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 violation of the offense stated in such notice.
(7) Payment of the prescribed fine shall be deemed a complete satisfaction 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 which payment is received shall be deemed sufficient receipt.
F. Part 12 of the 2010 Edition of the Model Traffic Code is amended by the addition of the following language to read as follows:
1213. Displaying Vehicles for Sale.
(1) No person shall park any motor vehicle upon the property of another for the principal purpose of displaying such vehicle for sale. This subsection shall not apply if the vehicle was lawfully parked on property which has received appropriate site plan approval for, and is used and licensed for, the sale of motor vehicles.
(2) No person shall park any motor vehicle upon a roadway for the principal purpose of displaying such vehicle for sale. This subsection shall not apply to a person who displays for sale no more than one vehicle, if said vehicle is lawfully parked upon the portion of the available roadway that is closest to and immediately adjacent to the principal residence of said person.
G. Sections 1401 and 1402 of the 2010 Edition of the Model Traffic Code are amended by the deletion/modification of section (2), which sections should read as follows:
1401. Reckless driving - penalty.
(1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of section 127.
(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.
1402. Careless driving - penalty.
(1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of section 127.
(2) Deleted.
(Ord. 2019-1 §§ 2 (part), 3, 4; Ord. 2013-5 § 3)