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Home My WebLink About1967- 7 Regulation of Traffic upon the Public Streets of the TOV, Adopting by Reffrence the "Model Traffic Code for CO Municipalities 1966" as Amended herin and Providing Penalties for the Violation ORDINANCE NO. 7 SERIFS 1967 P.N ORDINA.NCE FOR THE REGULATION OF TRAFFIC UPON THE PUBLIC STREETS OF THE TOWN OF VAIL, P.DOPTING BY REFE'RENCE' "THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES 1966, " AS AMENDED HEREIN AND PROVIDING PENP.LTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOV1N OF VAIL, COLORADO: Section 1. Adoption by Reference, Deletions, Amendments Pursuant to Chanter 139, Article 34, Colorado Revised Statutes, 1963, there is hereby adopted for the purpose of regulating traffic within the Town of Vail, County of Eagle; that certain ordinance lcnow•n as the "Model Traffic Code for Colorado Municipalities, 1966" officially approved, adopted, and published as such by The Colorado Highway Safety Council and hereinafter referred to as the "Municipal T; affic Code", the same being adopted as if set out at length save and except the follov~~ing articles and sections which are subject to the following deletions and amendments: P . A. 11 of Article XIV is hereby deleted from this adoption by reference. P . All of Sections 3, 4, 5 and 7 of F rticle XVI are hereby deleted from this adoption by reference. C. All of Prticle XVII is hereby deleted from this adoption by reference. '- • • • • • ?gage 2 -Ordinance No. 2 D. All of Section 5 in P rticle XXI is hereby deleted from this adoption by reference. E. Article IV, Section 4-1, subsection (b) is hereby amended to read as follows: (b) Fxce~~t when a special hazard exists that requires lower speed as described in Section ~l-4, the basic prima facie speed limit in this ~_un- icinality shall be 15 miles per hour in any business district and ?5 miles per hour in any residence district, unless otherwise posted v ith ap~ronriate signs giving notice of a different prima facie speed limit as provided in sections 4-2 and 4-3 of this Ordinance. F. Section 24-1 of Article XXIV is hereby amended to read as follows: Traffic Violations Bureau Created {1) There is hereby created and established a Traffic Violations Bureau to assist the municipal court vrith the clerical work of traffic cases. The Town Clerk's office is hereby designated as tl~e said Traffic Viola- tions Bureau. The Bureau shall be in charge of the Town Clerk and shall be oven on v~eelc days from 9:~J0 o'clock P .M. until 5:00 o'clock °.M. (2) P s to traffic violations specified in sub-section (4) of this section; they may be handled in the following Wanner: Ft the discretion of the :~rresting officer, the officer making an arrest for such violations may give notice at the ti ne of the arrest to the person arrested, which notice shall be in the form of a. penalty assessment, if the person arrested elects forthwith at the time of such arrest to accent anal agree to ~~ay such penalty assessment • • ~ • • ~?a.ge 3 -Ordinance No. 7 in lieu of further proceedings or defense of such violation in court. Acceptance and payment of the prescribed penalty assessment set forth in sub-section (4) of this section, shall he deemed a complete satisfaction for. the violation, and the violator shall be given a receipt which so states when such penalty assess- anent is paid in currency or other form of legal tender. Such penalty assess- meat in the amount specified in suh-section (4) hereof, must be paid at the Traffic Violations' Bureau, in person or by mail within seven days from the date of the arrest or offense. (3) If such penalty assessments be not so paid, said violator shall be proceeded against as by lain provided for the violation of the applicable traffic ordinances, and said violator shall be subject to all fines, jail sentences or other penalties set forth in Ordinance v-hen said violator is found guilty of a violation by the Municipal Court. The notice is specified in sub-section (?) of , the section, shall he construed to be a summons for a charge of violation under said ordinances in the event that the violator fails or refuses to nay the penalty assessment herein prescribed within seven days from the date of the arrest to the Traffic Violation's E~ureau, and such notice shall be in such form as prescri- bed by law so as to shove the nature of the charge and the venue of the court in v~hich said charge shall be heard in the event that the aenalty assessment pre- scribed herein is not »aid, and the prosecution as for a violation of said Ordin- ance shall be thereafter heard in such Court. In the event that a prosecution shall be had hereunder, the violator shall be privileged to ans~x~er the charge • • • • Page ~ -Ordinance No. 7 ~~ade against hin-i in the manner and v~~ithin the time and subject to the other provisions of said Ordinance relating to prosecution for violation thereof. (4) The penalty assessment and the nature of the violation for which said penalty assessment -nay be made by the arresting officer and accebted and raid. by the violator under the privileges of this section shall be as herein set forth, to-v-it: SPEEDING $15. 00 SPACIAL HAZARDS $ 5. 00 CAf2.ELESS DRIVING $20. 00 ON WRONG SIDE OF STREFT OR IN IMPROPER LANE $10.00 IMPROPFR PASSING $10. 00 FA.ILUR.E TO YIF'LD RIGHT OF 'r~~ F Y $10. 00 FAI7.URF TO STOP AT STOW SIGN $15. 00 IMPROPER TURNING $10. 00 FOLLOWING TOO CLOSELY $10. 00 FAILURE TO COM°LY WITH INSPECTION L•A_~~' $ 5. 00 IMPROPER PARKING $_ 3. ~0 PARKING iN FRONT OF FIRE PLUG $ 5. 00 PARKING TO IMPF.LE NORMAL FLOW OF TRAFFIC $ 5. ~0 IMPROPER F~'~UIPMFN'~ (HORN, MUFFLER, REF R VISION MIRROR, V~; INDSHIF LD WI1'FR, ERAKFS, AND OTHERS) $ 5.00 WRONG W A Y ON A ONE-VirAY STRFFT $10. 00 ,(5} The schedule defined end set forth in sub-section (4) he reof, shall not apply to any violation of said Ordinance which is tried in any court. Section 2. ti~V hen Person Charged May Flect to Appear at Bureau or .~,," Before Jude. (1) Any person charged with an offense for which, at the dis- cretion of the arresting officer, payment of a fine may be paid to the Traffic Violation's Bureau, shall have the option of (a), paying such fine within the time • • • • ~ Page 5 -Ordinance No. 7 specified in the traffic summons and complaint at the Traffic Violation's E;ureau upon entering a plea of guilty and upon waiving appearance in Court; or (b), depos- iting any required lawful bail when, upon a plea of not guilty, he shall be entitled to a trial as authorized by law. The bail referred to herein shall be such sum as is established as the penalty assessment for the violation charged provided in Section 2. Section 3. Application of Ordinance This Ordinance and the Municipal Traffic Code shall apply to every street, alley, sidevvallc or sidev~~alk area, driveway, nark and to every public or ~nriva.te vray and public or private narking area., whether within or outside the corporate limits of the Town, the use of which the Tawn has juris- diction and. authority to regulate. The provisions of ~~ection 5-l, 5-2, 5-11, and 23-3 of ti-ie ivlunici~al Traffic Code res,~ectively concerning careless driving, reckless driving, unauthorized devices, and accident investigation shall apply not only on streets and highways but elsewhere within the Tovvn. Section 4. Violations and ?Penalties Thereof It shah. be unlawful for any person to violate any of the nro- visions of the IVSunicipal Traffic Code as ado ~ted and amended hers in, or of any provision of this Ordinance and any such violation shall be punishable as here- inafter provided. Every person convicted of a violation of any provision of the Municipal Traffic Cade or of any provision of this ordinance shall be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment • • • • • Page 6 -Ordinance #'7 for not more than ninety (90) days, or by both such fine and i;nnrisonment. Section 5. Filing Copies ~`xfter the effective date of the adoption of the Municipal Traffic Code, three copies certified to be true. copies by the Mayor and the Town Clerk shall be filed in the Office of the Town Clerk where they shall be kept for ~~uhlic inspection during regular office hours while this ordinance is in force. Section 6. Reveal A_11 O~ dinances or Harts of Ordinances in conflict with or inconsistent with the provisions of this Ordinance are hereby repealed, except that this re>>eal shall not affect or +~revent the prosecution or punish vent of any person for any act done ~r committed in violation of any ordinance hereby repealed prior to the talzing Effect of this Ordinance. Section 7. Severability It is the intention of the Board of Trustees that this Ordi- Hance or any part of provision thereof, shall be considered severable and, if any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. Section 8. Effective Date This Ordinance shall be i:z full force and effect «rithin thirty days after its approval and final ~~ublication as prescribed by law. • ~ • ~ • ~~ Finally passed, adopted and approved on this ~3 day o f ~ e,~r Lu ~~,. ~, 19 6 ~~ APPRO,,yE$:, / ~.. ,--'"" _ _l___--. ~~ ~ ~-'Mayor ATTEST: ~~L/~ ~t~ Town Recorder (SEAL)