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HomeMy WebLinkAboutORDINANCE 01-780 0 ORDINANCE NO.1 -78 AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE TOWN OF ESTES PARK,COLORADO,FOR THE PUR POSE OF PROVIDING A SYSTEM OF TRAFFIC REGULA TIONS CONSISTENT WITH STATE LAW AND GENERALLY CONFORMING TO SIMILAR REGULATIONS THROUGHOUT THE STATE AND THE NATION;ADOPTING BY REFERENCE THE 1977 REVISED EDITION OF THE “MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES”;REPEALING ALL ORDINANCES IN CONFLICT THEREWITH;PROVIDING PENALTIES FOR VIOLATION THEREOF;AND AMENDING SECTION 10.04.010 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARE,COLORADO. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.Adoption.Pursuant to PART 2 of ARTICLE 16 of TITLE 31,CR.S.1973,as amended,there is hereby adopted by reference Articles I through XXV,inclusive,of the 1977 Re vised Edition of the “Model Traffic Code for Colorado Munici palities”officially approved,adopted and published in 1977 as such by the State Highway Commission as a duly authorized docu ment of the State Department of Highways,State of Colorado,4201 East Arkansas Avenue,Denver,Colorado,of which three true copies thereof,duly certified by the mayor and clerk of Estes Park, Colorado,and are open to public inspection,and may be inspected during regular business hours,the same being adopted as if set out at length save and except the following article which is declared to be inapplicable to this municipality and is therefore expressly deleted:ARTICLE XXIV. Section 2.Additions or Modifications.The said adopted Code is subject to the following modification:Section 25-2(e) is modified to read as follows: fe)Bicycle.Every device propelled solely by human power upon which any person may ride,having two tandem wheels either of which is more than fourteen (14)inches in diameter,or having three (3)or more wheels any of which is more than fourteen (14)inches in diameter. Section 3.Penalties.The following penalties,herein set forth in full,shall apply to this Ordinance: (a)It is unlawful for any person to violate any of the provisions stated or adopted in this Ordinance. Cli)Every person convicted of a violation of any provision stated or adopted in this Ordinance shall be punished by a fine not exceeding Three Hundred Dollars ($300.00),or by imprisonment not exceeding Ninety (90)days,or both such fine and imprisonment. Section 4.Application.This Ordinance shall apply to every street,alley,sidewalk area,driveway,park,and to every other public way or public parking area,whether within or out side the corporate limits of this municipality,the use of which this municipality has jurisdiction and authority to regulate. Section 5.Validity.If any part or parts of this Ordinance are for any reason held to be invalid,such decision shall not affect the validity of the remaining portions of this Ordinance.The Board of Trustees hereby declares that it would have passed this Ordinance and each part or parts hereof irres pective of the fact that any one part or parts be declared invalid. Section 6.Repeal.Existing ordinances or parts of ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance 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 Ordinance. Section 7.Interpretation.This Ordinance shall be so interpreted and construed as to effectuate its general pur pose and to make uniform the local traffic regulations contained herein.Article and Section headings of the ordinance and adopted model traffic code shall not be deemed to govern,limit, —2— modify or in any manner affect the scope,meaning or extent of the provisions of any article or section thereof. Section 8.That Section 10.04.010 of the Municipal Code of the Town of Estes Park,Colorado,is amended to read as follows: 10.04.010 Adopted.The “Model Traffic Code for Colorado Municipalities,”1977 Edition,officially approved,adopted and published in 1977 as such by the State Department of Highways, 4201 East Arkansas Avenue,Denver,Colorado,of which three copies are now filed in the office of the Town Clerk and may be inspected during regular business hours,is enacted and adopted by reference as a secondary code and incorporated herein as if set out at length,save and except the following article which is declared to be inapplicable by this municipality and is therefore expressly deleted:“ARTICLE XXVI,”and Section 25-2(e)which is amended to read as follows: Ce)Bicycle.Every device propelled solely by human power upon which any person may ride,having two tandem wheels either of which is more than fourteen (14)inches in diameter, or having three (3)or more wheels any of which is more than fourteen (14)inches in diameter. The subject matter of this Model Traffic Code relates primarily to comprehensive traffic control regulations for the Town.The purpose of this code is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and nation. Section 9.Publication.The Town Clerk shall certify to the passage of this Ordinance,cause notice of its contents and passage to be published,and make not less than three (3) copies of the adopted code available for inspection by the public during regular business hours. —3— Section 10.Effective Date.The Board of Trustees of the Town of Estes Park,Colorado,herewith finds,determines and designates that this Ordinance is necessary for the imme diate preservation of the public peace,health and safety,for the regulation of traffic affects the public peace,health and safety;and whereas,in the opinion of the Board of Trustees, an emergency exists,this Ordinance shall take effect and be in force after its final passage,adoption and the approval and signature of the mayor. PASSED BY THE BOARD OF TRUSTEES AFTER PUBLIC HEARING THIS 10th DAY OF January ,1978. L/MAYOR’ TOWN OF ESTES PARK,COLORADO I HEREBY CERTIFY AND ATTEST THAT THE ABOVE ORDINANCE WAS INTRODUCED AND READ AT A REGULAR MEETING OF THE BOARD OF TRUSTEES ON THE 10th DAY OF January ,1978, AND PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE TOWN OF ESTES PARK,COLORADO,ON THE 13th DAY OF January 1978,ALL AS REQUIRED BY THE STATUTES OF THE STATE OF COLORADO. TOWN CLERK —4—