Chapter 10.05
MODEL TRAFFIC CODE Revised 9/22
Sections:
10.05.010 Adoption. Revised 9/22
10.05.020 Deletions. Revised 9/22
10.05.030 Additions or modifications. Revised 9/22
10.05.040 Civil and criminal violations – Right to jury trial – Penalties. Revised 9/22
10.05.050 Applicability. Revised 9/22
10.05.070 Repeal. Revised 9/22
10.05.010 Adoption. Revised 9/22
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 for Colorado” promulgated and published as such by the Colorado Department of Transportation, Traffic Engineering and Safety Branch, 2829 W Howard Place, Denver, CO 80204. The subject matter of the 2020 Edition of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the town of Granby, Colorado. 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 copies of the 2020 Edition Model Traffic Code adopted herein are now filed in the office of the clerk of the town of Granby, Colorado, and may be inspected during regular business hours. [Ord. 965 § 1, 2022].
10.05.020 Deletions. Revised 9/22
The 2020 Edition of the Model Traffic Code for Colorado is adopted as if set out at length save and except the following articles and/or sections which are declared to be inapplicable to the town of Granby and are therefore expressly deleted:
None. [Ord. 965 § 2, 2022].
10.05.030 Additions or modifications. Revised 9/22
The 2020 Edition of the Model Traffic Code for Colorado as adopted by the town of Granby is subject to the following additions or modifications:
(a) If a person receives a penalty assessment notice for a violation under Section 1701(5) of the Model Traffic Code as adopted by the town of Granby, and such person pays the fine and surcharge for the violation within 20 days of the date of the violation, the points assessed for the violation are reduced as follows:
(1) For a violation having an assessment of three or more points, the points are reduced by two points.
(2) For a violation having an assessment of two points, the points are reduced by one point.
(b) The provisions of Sections 1701(5) through 1717 of the 2020 Model Traffic Code for Colorado are hereby adopted by reference and incorporated herein, but modified to make them applicable to the Granby municipal court and the town of Granby, rather than to a county court and a county. [Ord. 965 § 3, 2022].
10.05.040 Civil and criminal violations – Right to jury trial – Penalties. Revised 9/22
(a) It is a criminal traffic offense for any person to violate any of the following provisions of the 2020 Edition of the Model Traffic Code for Colorado as adopted and, from time to time modified, by the town of Granby:
(1) When the person is arrested and charged with an offense under this code causing or contributing to an accident resulting in injury or death to any person;
(2) When the person is arrested upon a charge of failure to stop in the event of an accident causing death, personal injuries, or damage to property;
(3) Reckless driving;
(4) Exceeding the speed limit by more than 19 miles per hour:
(5) Exhibition of speed or speed contest;
(6) In any other event when the provisions of Part 17 of the 2020 Edition of the Model Traffic Code for Colorado apply and the person arrested refuses to give his or her written promise to appear in court as provided in Section 1707.
(b) Except for those violations classified as criminal offenses pursuant to subsection (a) of this section, all violations of this chapter or of the 2020 Edition of the Model Traffic Code for Colorado, as adopted by the town of Granby are hereby classified as noncriminal traffic infractions which shall be deemed to be civil matters. The Colorado Municipal Court Rules of Procedure shall apply to proceedings in which the defendant is charged with such noncriminal traffic infractions, 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. Instead, the court may enter a judgment of liability by default against the defendant for any such failure to appear; assess any penalty and costs established by law; and report the judgment to the Colorado Department of Revenue, Motor Vehicle Division, which may assess points against the defendant’s driving privileges and may deny an application for or renewal of the defendant’s driver’s license until the judgment and all other lawful costs are satisfied. Further, no writ of mittimus shall issue where the only basis for the fine and costs imposed was the finding of guilty or liability for a noncriminal traffic infraction.
(c) Any defendant charged with a criminal traffic offense, as defined in subsection (a) of this section, shall have the right to demand a trial by jury upon compliance with the provisions of Colorado law and the Colorado Municipal Court Rules of Procedure. No defendant shall have a right to a trial by jury for any noncriminal traffic infraction, as defined in subsection (b) of this section. In the event that a defendant is charged with more than one traffic violation arising out of the same incident and at least one of the charged violations is listed in subsection (a) of this section, the defendant shall have the right to demand a trial by jury as to all such offenses, which shall be consolidated for purposes of trial.
(d) Penalties.
(1) Any person convicted of a criminal traffic offense, as defined in subsection (a) of this section, shall be punished by a fine not exceeding the maximum penalty set forth in GMC 1.05.090 or by imprisonment for not more than 90 days or by both such fine and imprisonment;
(2) Any person admitting liability for, found to be guilty of, or against whom a default judgment has been entered for any noncriminal traffic infraction, as defined in subsection (b) of this section, shall be fined in an amount not exceeding the maximum penalty set forth in GMC 1.05.090. No defendant found to be guilty of any noncriminal traffic infraction shall be punished by imprisonment for such infraction. [Ord. 965 § 4, 2022].
10.05.050 Applicability. Revised 9/22
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, the use of which this municipality has jurisdiction and authority to regulate. The provisions of Sections 1401, 1402, 1413, and Part 16 of the adopted 2020 Edition of the Model Traffic Code for Colorado, 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 the town of Granby. [Ord. 965 § 5, 2022].
10.05.060 Validity.
If any article, section, paragraph, sentence, clause, or phrase of this chapter is held to be unconstitutional or invalid for any reason such decision shall not affect the validity or constitutionality of the remaining portions of this chapter. The board of trustees hereby declares that it would have passed this chapter and each part or parts thereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. [Ord. 749 § 6, 2010. Code 1999 § 15-1-6].
10.05.070 Repeal. Revised 9/22
Existing ordinances or parts of ordinances covering the same matters as embraced in this chapter, including but not limited to Ordinance 673, Ordinance 737, and Ordinance 749 are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this chapter are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this chapter. [Ord. 965 § 7, 2022].
10.05.080 Interpretation.
This chapter shall be so interpreted and construed as to effectuate its general purpose to conform to the Colorado State uniform system for the regulation of vehicles and traffic. Chapter and section headings 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. [Ord. 749 § 8, 2010. Code 1999 § 15-1-8].
10.05.090 Availability of code.
The Granby town clerk shall make not less than three copies of the adopted code available for inspection by the public during regular business hours. [Amended during 2011 recodification; Ord. 749 § 9, 2010. Code 1999 § 15-1-9].
10.05.100 Initiation of violations.
(a) Enforcement of the provisions of this chapter may be initiated by a Granby police officer or Granby code enforcement officer in any of the following manners:
(1) Notice of a parking violation may be served by leaving the notice under the windshield wiper or otherwise attached to the vehicle, or by handing the notice to the driver or owner if the driver or owner is present, or mailing the notice by first class or certified mail to the address of the owner of the vehicle as shown in the motor vehicle ownership records of the state of registration; or
(2) A summons and complaint may be served on the driver or owner of the vehicle as provided in the Colorado Municipal Court Rules of Civil Procedure.
(b) No more than one fine or penalty may be collected for each infraction. [Ord. 904 § 1, 2018].