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HomeMy WebLinkAboutORDINANCE 08-75‘“0 0 ORDINANCE NO.8-75 AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE TOWN OF FSTES PARK,COLORADO,FOR THE PURPOSE OF PROVIDING A SYSTEM OF TRAFFIC REGULATIONS CONSISTENT WITH STATE LAW AND GENERALLY CONFORMING TO SIMILAR REGULATIONS THROUGHOUT THE STATE AND THE NATION:ADOPT ING BY REFERENCE THE 1974 EDITION OF THE “MODEL TRAFFIC CODE FOR COLORADO MUNICIPAL ITIES”;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 PARK, COLORADO. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.Adoption.---Pursuant to part 4 of article 12 of title 31,C.R.S.1973,there is hereby adopted by ref erence Articles I to XXV,inclusive,of the “Model Traffic Code for Colorado Municipalities,”officially approved,adop ted and published in 1974 as such by the State Department of Highways,Denver,Colorado,of which three copies are now filed in the office of the town clerk,Estes Park,Colorado, 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 XXVI. Section 2.Additions or Modifications.---The said adopted Code is subject to the following additions or modifi cations:Section 25-2(c)is modified to read as follows: (c)Bicycle.--Every device propelled 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, herewith set forth in full,shall apply to this ordinance: 0 (a)It is unlawful for any person to violate any of the provisions stated or adopted in this ordinance. (li)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 by 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,either within or outside the corporate limits of this municipality,the use of which this municipality has jurisdi.ction and authority to regulate.The provisions of Sections 5-1,5—2,15-12 and 23—3 of the adopted Model Traffic Code,respectively concerning reckless driving,careless driving,unauthorized devices and accident investigation,shall apply not only to public places and ways but also throughout this municipality. 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 thereof,ir respective 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 ordi nance are hereby repealed and all ordinances or parts of ordi nances 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 re pealed prior to the taking effect of this ordinance. —2— 0 0 Section 7.Interpretation.---This ordinance shall be so interpreted and construed as to effectuate its general purpose to make uniform the local traffic regulations con tained herein.Article and section headings of 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. 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 Colo rado Municipalities,”1974 Edition,officially approved, adopted and published in 1974 as such by the State Department of Highways,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 ref erence 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 to this municipality and is there fore expressly deleted:“ARTICLE XXVI,”and Section 25-2(c) which is amended to read as follows: Cc)Bicycle.--Every device propelled 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 pri marily 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 the nation. —3— Q a Section 9.Publication.--—The town clerk shall cer tify to the oassage of this ordinance,cause notice of its contents and passage to be published,and make not less than three copies of the adopted Code available for inspection by the public during regular business hours. Section 10.Effective Date.——-The board of trustees of the town of Estes Park,Colorado,herewith finds,deter mines and designates that this ordinance is necessary for the immediate preservation of the public peace,health and safety, for regulation of traffic affects the public peace,health and safety;and whereas,in the opinion of the board of trus tees,an emergency exists,this ordinance shall take effect and be in force five (5)days after its final passage,adop tion and publication. PASSED BY THE BOARD OF TRtISTEES AFTER PUBLIC HEARING AND SIGNED THIS 22ND DAY OF APRIL,1975. I rc_) May TOWN OF EST5 PARK,COLORADO (SEAL) ATTEST: Town Clerk —4—