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HomeMy WebLinkAboutORDINANCE 155-55L sa .!— ORDINANCE NO. _______ AN ORDINANCE FOR THE REGULATION OF TRAFFIC UPON THE PUBLIC STREETS OF THE TOWN OF ESTES PARK, COLORADO,ADOPTING BY REFERENCE “THE MODEL TRAFFIC ORDINANCE FOR COLORADO MUNICIPALITIES”AS AMENDED HEREIN,AND REPEALING ORDINANCE NO.//-AND ALL OTHER ORDINANCES AND PARTS OR 3ECTIONS OF ORDINANCES IN CONFLICT THEREWITH. BY IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESThS PARK,COLORADO: Section 1.Pursuant to the authority conferred by Chapter 139,Article 31%,Section 2,of Colorado Revised Statutes 1953,there is hereby adopted as the traffic ordinance for the Town of Estes Park,Colorado,“The Model Traffic Ordinance for Colorado Municipalities .“ Section 2.“The Model Traffic Ordinance for Colorado Municipalities”is published by the Colorado Highway Safety Council,State Capitol Building,Denver,Colorado,for the purpose of providing uniform traffic laws for municipalities thruout the State of Colorado.The model ordinance includes comprehensive provisions covering: A.Rules of the Road,including rules for drivers, pedestns,and operators of bicycles;and B.Enforcement and Violations,including the policing of accidents and other viola tions,the establishment of a traffic violations bureau,and traffic administration.It was published in March,1952. Section 3.At least three certified copies of the model ordinance are on file at the office of the Town Clerk and may be inspected during regular business hours.In addition, copies are available for distribution and sale to the public at a price not to exceed fifty (50)cents a copy. Section 3(a).The following Schedules as required —1- a’J ,4f/— / - by Article XXI of the Model Ordinance are hereby adopted: 11SqEEDULE I. Section 1.Increased speed limits.None. Section 2.Decrease of state speed limit at certain intersections.None. Section 3.Increasing state speed limit in certain zones.None. Section t%•Decrease of state law maximum speed.It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by state law outside of business and residential districts as applicable upon the following streets is greater than is reasonable or safe under the conditions found to exist upon such streets,and it is hereby declared that the prima facie speed limits shall be 20 miles per hour as herein set forth on those streets or parts of streets herein designated, at the times herein specified when signs are erected giving notice thereof. Name of Street:Elkhorn Avenue,Moraine Drive,Cleve Avenue,Park Avenue,West Riverside Drive,East Riverside Drive, and Wiest Drive. Prima Pacie speed limit,20 miles per hour at all times. SCHEDULE II. Section 1.One-way streets and alleys.In accordance with section 29 and when properly signposted,traffic shall move only in the direction indicated upon the following streets or alleys: Name of street or designation of alley:Wiest Drive. Direction of traffic movement:Shall move in a westerly direction only. S -2- (:;;;::: SCHEDULE III Section 1.Through streets.In accordance with the provisions of section 155 and when signs are erected giving notice thereof,drivers of vehicles shall stop at every inter section before entering any of the following streets or parts of streets: Name of street and portions affected:U.S.Highway No.31 within the corporate limits,State Highway No.66 within the corporate limits,Moraine Drive within the corporate limits, and State Highway No.7 beginning at the south corporate limits and ending at the junction of State Highways No.7 and No.66. SCHEDULE IV Section 1.Parking prohibited at all times on certain streets.In accordance with section 179 and when signs are erected giving notice thereof,no person shall at any time park a vehicle upon any of the following described streets or parts of streets: Moraine Drive,both sides between Elkhorn Avenue and Wiest Drive. SCHEDULE V Section 1.Parking prohibited during certain hours on certain streets.None. SCHEDULE VI Section 1.Parking time limited on certain streets. In accordance with section 181 and when signs or parking meters are erected giving notice thereof,no person shall park a vehicle for a period of time longer than hereinafter set forth between the hours of 9:00 a.m.and 6:00 p.m.of any day within the district or upon any of the streets or parts of streets as -3- follows: All of Elkhorn Avenue one hour,all of Cleve Avenue one hour,East Riverside Drive from its intersection with Elkhorn Avenue for a distance of 200 feet south thereof one hour, Virginia Drive between Elkhorn Avenue and Park Avenue one hour, Park Avenue center parking area two hours,Elkhorn Avenue municipal parking lot two hours,and Wiest Drive fifteen minutes. SCHEDULE VII Section 1.Parking time limited in metered Parking Zones.None. SCHEDULE VIII Section 1.Operation of farm tractors,trailers,semi- trailers,and trucks and commercial vehicles limited on certain streets.In accordance with section 183 and when signs are erected giving notice thereof,no person shall operate,or stop, stand,or park a farm tractor,trailer,semitrailer,or a truck or other commercial vehicle with an over-all length exceeding twenty feet upon any of the streets described as follows: Elkhorn Avenue and Moraine Drive. Section 2.Operation of farm tractors,trailers,semi- trailers,and trucks and commercial vehicles prohibited on certain streets at specified times.None.” Section .The following sections of “The Model Traffic Ordinance for Colorado Municipalities”contain penalty clauses which are herewith set forth in full by this adopting ordinance as follows: “Section l05.--Penalties.Every person not a juvenile, as such is defined by the laws of the State of Colorado,found —11.— • guilty of a violation of any provisions of this article shall be punished by a fine of not more than $25.00,or by removal and detention of the license plate from such person’s bicycle for a period not to exceed 90 days or by impounding of such person’s bicycle for a period not to exceed 90 days.Upon the recommendation of a Judge of a Juvenile Court or a County Court having jurisdiction over the person of a minor,the chief of police may remove and detain the license from such minor’s bicycle for such period as said court may determine.” “Section 116.--Driving while under the influence of liquor or drugs.(a)It is a violation of this ordinance for any person while under the influence of intoxicating liquor or narcotic drugs,or any other drugs,or who is an habitual user of narcotic drugs or other drugs,to drive any vehicle upon any street within this municipality. (b)Every person who is found guilty of a violation of this section shall be punished by imprisonment for not more than 90 days,or by fine of not more than 300 dollars. (c)Every finding of guilty under this section shall be reported to the Motor Vehicle Division of the Department of Revenue of the State of Colorado,or such other agency as may by statute be designated for the purpose of supervising the licensing of drivers and chauffeurs 1 “Section 117.--Reckless driving.(a)Any person who drives any vehicle within this municipality in such a manner as to indicate either a willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (b)Every person found guilty of reckless driving -5- shall be punished by imprisonment for a period of not more than 90 days,or by fine of not more than 300 dollars.” “Section l18.--Careless driving.Every person operating a vehicle upon the streets within this municipality shall drive the same in a careful and prudent manner,having regard for the width,grade,curves,corners,traffic and use of these streets and all other attendant circumstances,so as not to endanger the life,limb,or property of any person.Failure to drive in such manner shall constitute careless driving and a violation of this ordinance. Every person found guilty of careless driving shall be punished by a fine of not more than 300 dollars or by imprison ment for a period of not more than 90 days.” “Section l19.--Accidents involving death or personal injuries or damage to vehicles.(a)The driver of any vehicle directly involved in an accident resulting in injury to or death to any person,or resulting in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the Scene of such accident or as close thereto as possible but shall then forthwith return to and in every event remain at the scene of the accident until he has fulfilled the requirements of section 120.Every such stop shall be made without obstructing traffic more than is necessary. (b)Any person failing to stop or comply with said requirements under such circumstances shall be guilty of viola tions of this ordinance,and shall upon being found guilty be punished by imprisonment for not more than 90 days or a fine of not more than 300 dollars.” “Section l3.--Penalties.Unless another penalty is -6- cc expressly provided herein,every person found guilty of a violation of any provision of this ordinance,may be punished by a fine of not more than $300 or by imprisonment for not more than 90 days.” “Section 137.--Procedure upon arrest.(a)In every case of arrest under Section 116,Persons under influence of intoxicating liquor or of drugs,and Section 117,Reckless driving, or where it appears doubtful whether the violator will appear pursuant to a written citation or notice,the violator shall be kept in custody,and in every other case of arrest,where the violation is willful,wanton,and deliberate,the violator may be kept in custody,by the police department,unless lawfully released on bond,until trial,or until he shall have complied with the penalty imposed by the court,as the case may be. (b)Except when directed by this ordinance to keep in custody a person arrested for a violation of any of the traffic ordinances,or where any lawful bail is required,any police officer,upon making an arrest for violation of the traffic ordinances of this municipality,shall take the name,address, and operator’s license number of the alleged violator and the registration number of the motor vehicle involved,and shall issue to him in writing on the form provided by the municipal clerk, a citation or notice to answer to the charge against him at a place and at a time at least 5 days after such arrest unless the person arrested shall demand an earlier hearing,to be specified in the notice.The officer,upon receiving the written promise of the alleged violator to answer as specified in the citation or notice,shall release such person from custody. (c)The place specified in said notice to appear must -7- •: be before a magistrate within the municipality in which the offense charged is alleged to have been committed,and before a magistrate who has jurisdiction of such offenses. (d)The person arrested,in order to secure release as provided in this section,must give his written promise to appear in court or plead guilty as provided,by signing in triplicate the written citation or notice prepared by the arrest ing officer. (e)Any officer violating any of the provisions of this section shall be guilty of misconduct in office and shall be subject to removal from office.” “Section 142.--When Warrant is to be issued.(a)In the event any person fails to comply with a notice given to such person or attached to a vehicle or fails to make appearance pur suant to a summons directing an appearance in the Police Magis trate’s Court or the traffic violations bureau,or if any person fails or refuses to deposit bail as required and within the time permitted by ordinance,the municipal clerk or a clerk of the traffic violations bureau shall forthwith secure and issue and have served a warrant for his arrest.” Section 5.Thefollowing sections of Article XX of The Model Traffic Ordinance for Colorado Municipalities are amended to read as follows; “Section 2l11-.--Repeal.Ordinance No.//_-and all other former traffic ordinances of this municipality are hereby repealed,and all ordinances or parts of ordinances in conflict with or 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 -8- done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance.” “Section 215.--publication of ordinance.The Town Clerk shall certify to the passage of this ordinance and cause the same to be certified for adoption by reference as provided by law.” “Section 217.--Effective date.The Board of Trustees finds,determines,and declares this ordinance to be necessary for the immediate preservation of the public peace,health,and safety,and hereby ordains that it shall be in immediate force and effect from and after its passage,adoption by reference, and publication as provided by the laws of the State of Colorado.t’ Section 6.The Board of Trustees finds,determines and declares that this adopting ordinance is necessary for the immediate preservation of the public peace,health and safety, and hereby ordains that it shall be in immediate force and effect from and after its passage and publication as provided by the laws of the State of Colorado. passed and adopted by the Board of Trustees this .2S’ day of ________________, A.D.1955. I ATTEST: -9- • •,p. CE RT IF ICATE The undersigned,Town Clerk of the Town of Estes Park, Colorado,does hereby certify that the foregoing adopting ordinance was introduced and the first reading thereof was had at a regular meeting of the Board of Trustees of the Town of Estes Park held on the day of _______________, 1955; that thereafter a public hearing on the adoption of said ordinance was held on the 5 day of ______________, 1955,at the hour of ‘7 M.,at the Town Hall in Estes Park,Colorado;that previous -notice of said public hearing was given in the manner provided by the provisions of Chapter 139,Article 311,Section 3 of the Colorado Revised Statutes 1953;that after said public hearing the Board of Trustees,at a regular meeting of said Board held on the 5L day of ________________, 1955,did pass and adopt said ordinance,and thereafter the same was published as required by law,and said ordinance became effective on the _____ day of ____________, A.D.1955. -10 -