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HomeMy WebLinkAbout2024-05 An Ordinance Repealing and Reenacting Chapter 1 of Title 7 and Repealing in Part Chapter 2 of Title 7 of the Vail Town Code, Adopting By Reference the Model Traffic Code for CO 2020 EditionORDINANCE NO. 05 SERIES 2024 AN ORDINANCE REPEALING AND REENACTING CHAPTER 1 OF TITLE 7 OF THE VAIL TOWN CODE AND REPEALING IN PART CHAPTER 2 OF TITLE 7 OF THE VAIL TOWN CODE, ADOPTING BY REFERENCE THE MODEL TRAFFIC CODE FOR COLORADO, 2020 EDITION NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 1 of Title 7 of the Vail Town Code is repealed in its entirety and reenacted to read as follows: CHAPTER 1: TRAFFIC CODE § 7-1-1. MODEL TRAFFIC CODE ADOPTED. The Town hereby adopts by reference the 2020 edition of the Model Traffic Code promulgated and published by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 2829 W. Howard Place, Denver, CO 80204 (the "Model Traffic Code"). The Model Traffic Code provides a system of traffic regulation for the Town. Three (3) copies of the Model Traffic Code shall be filed in with the Town Clerk and may be inspected during regular business hours. § 7-1-2. AMENDMENTS. The Model Traffic Code is amended as follows: (A) Section 109(9) is amended to read as follows: "(9) No person shall use a roadway for traveling on skis, toboggans, coasting sleds, skates, or similar devices. No person shall enter a roadway on roller skates or riding in any coaster, toy vehicle, or similar device, except while crossing a roadway in a crosswalk, and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This subsection shall not apply upon any street or portion thereof designated as a limited play street for use of roller skates, skateboards or similar devices." (B) Section 117(3) is amended to read as follows: "(3) Unless otherwise authorized, an EPAMD shall not be operated: (a) On a limited-access highway; (b) On a bike or pedestrian path; or (c) At a speed of greater than twelve and one-half miles per hour." 2 (C) Sections 801 through 808 shall not apply on streets or rights-of way designated by the Town as pedestrian malls pursuant to Chapter 11 of Title 7 of this Code. (D) Section 1101(2) is amended to read as follows: "(2) Except when a special hazard exists that requires a lower speed, the following speeds shall be lawful: (a) Fifteen (15) miles per hour in any business district; (b) Fifteen (15) miles per hour in any residential district; (c) Twenty (20) miles per hour on narrow, winding mountain roadways and blind curves, and fifteen (15) miles per hour on the same when pedestrians are present; (d) Forty (40) miles per hour on open mountain roadways; (e) Forty-five (45) miles per hour for all single rear-axle vehicles in the business of trash disposal that exceed twenty thousand (20,000) pounds, where higher speeds are posted, when said vehicle is loaded as an exempted vehicle pursuant to Section 507(3); (f) Fifty-five (55) miles per hour on open highways which are not on the interstate system, as defined in C.R.S. § 43-2-101(2); (g) Sixty-five (65) miles per hour on surfaced highways which are on the interstate system, as defined in C.R.S. § 43-2-101(2); and (h) Any speed not in excess of a speed limit designated by an official traffic control device." § 7-1-4. APPLICABILITY. The Model Traffic Code shall apply to every street, alley, sidewalk, driveway, park, public way, private way and public or private parking area within the corporate limits of the Town, the use of which the Town has jurisdiction and authority to regulate. Section 2. Section 7-2A-1 of the Vail Town Code is repealed in its entirety and reenacted to read as follows: § 7-2A-1. TRAFFIC INFRACTIONS AND MISDEMEANORS. Any violation of the Model Traffic Code shall be a traffic infraction, except for the following sections which shall be misdemeanors: (1) Section 607, Interference with Official Devices; (2) Section 707, Stopping Requirements at Railroad Crossings; (3) Section 1101, Speed Limits: Driving twenty-five (25) or more miles per hour in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy-five (75) miles per hour; 3 (4) Section 1105, Speed Contests; (5) Section 1401, Reckless Driving; (6) Section 1402, Careless Driving; (7) Section 1413, Eluding or Attempting to Elude; and (8) Section 1903, Stopping for School Buses. Section 3. Sections 7-2A-2, 7-2A-12, 7-2B-3, 7-2B-4 and 7-2B-5 of the Vail Town Code are hereby repealed in their entirety. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of April, 2024 and a public hearing for second reading of this Ordinance set for the 7th day of May, 2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie , Town Clerk 4 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of May, 2024. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Town Clerk