Pursuant to Parts 1 and 2 of Article 16 of Title 31, C.R.S.
and Part 4 of Article 15 of Title 30, C.R.S., there is hereby adopted
by reference the 2020 Edition of the "Model Traffic Code" promulgated
and published as such by the Colorado Department of Transportation,
Traffic Engineering and Safety Branch, 2829 W. Howard Place, Denver,
CO 80204. The subject matter of the Model Traffic Code relates primarily
to comprehensive traffic control regulations for the town. The purpose
of this article and the Code adopted herein is to provide a system
of traffic regulations consistent with state law and generally conforming
to similar regulations throughout the state and the nation. Three
copies of the Model Traffic Code adopted herein are now filed in the
office of the clerk of the town and may be inspected during regular
business hours.
(Ord. No. 14-6, § 1, 10-7-14; Ord. No. 21-1, § 1, 5-4-21)
The 2010 Edition of the Model Traffic Code is adopted as if
set out at length save and except the following articles and/or sections
which are declared to be inapplicable to this municipality and are,
therefore, expressly deleted: sections 706, 707, and 708, 1701 (except
42-4-1701(4)(e)(II)), 1705, 1707, and any references to classification
of offense and/or penalties imposed for violation of the Model Traffic
Code.
(Ord. No. 14-6, § 2, 10-7-14; Ord. No. 21-1, § 2, 5-4-21)
The adopted Model Traffic Code is subject to the following additions
or modifications:
Section 109.7 is added to read as follows:
109.7 Neighborhood electric vehicles.
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(a)
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The operation of neighborhood electric vehicles is authorized
on all streets and roads within the Town of Mt. Crested Butte.
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(b)
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For purposes of this section, neighborhood electric vehicle
means a self-propelled, electrically-powered motor vehicle that meets
the equipment standards set forth in Title 42, Article 4, Part 2,
Colorado Revised Statutes, and has a speed attainable in one mile
that does not exceed 25 miles per hour.
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Part 5, Size, Weight, Load, Section 509, Vehicles Weighed—Excess
Removed, shall be amended to read as follows:
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(a)
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The operator or driver of any laden truck or other commercial
vehicle designed and used primarily for the transportation of property,
while operating or moving such vehicle within the town, shall have
a gross vehicle weight slip or scale ticket evidencing the total weight
of the vehicle and load being transported, issued by properly licensed
or certified scales, which gross vehicle weight slip shall be produced
for inspection by any police officer of this town.
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(b)
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Upon being asked to stop by a police officer of this town, under
this article, any driver of such vehicle who fails or refuses to stop,
or who fails or refuses to produce such gross vehicle weight slip
shall be in violation of this subsection and shall also be presumed
to be in violation of section 508.
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(c)
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Except as provided in paragraph (d) of this subsection, whenever
an officer determines that the weight is unlawful such officer shall
require the driver to stop the vehicle in a suitable place and remain
standing until such portion of the load is removed as may be necessary
to reduce the gross weight of such vehicle to such limit as permitted
under sections 501 to 512 and 1407. All material so unloaded shall
be cared for by the owner or operator of such vehicle, at the risk
of such owner or operator.
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(d)
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Whenever an officer determines that the weight is unlawful and
the load consists solely of either explosives or hazardous materials,
as defined in section 41-1-102(32), C.R.S., such officer shall permit
the driver of such vehicle to proceed to the driver's destination
without requiring such person to unload the excess portion of such
load.
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Section 513 is added to read as follows:
513 Spilling loads; exceptions.
No vehicle shall be driven or moved on any street or right-of-way
within the town unless such vehicle is constructed or loaded or the
load thereof securely covered to prevent any of its load from dropping,
sifting, leaking or otherwise escaping therefrom; except that sand
may be dropped for the purpose of securing traction, or water or other
substance can be sprinkled on a roadway in cleaning or maintaining
such roadway.
Part 11(1) and (2), Speed Regulations, is hereby amended to
read as follows:
1101 Speed Limits.
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(1)
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Unless otherwise listed in subsection (2) and signed, the speed
limit within the Town of Mt. Crested Butte is 15 miles per hour.
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(2)
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Specific streets and street sections that vary from the 15 mile
per hour limit are:
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a.
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Thirty miles per hour on Gothic Road from the southern town
boundary to Snowmass Road;
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b.
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Twenty-five miles per hour on Gothic Road north of Snowmass
Road;
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c.
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Twenty-five miles per hour on Prospect Road.
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Section 1101(12) is amended to read as follows:
Regardless of the speed limit, drivers are expected to reduce
their speed to a reasonable and prudent speed depending on street
and weather conditions.
Section 1204(1) is amended by the addition of subsection (l),
to read as follows:
At any place for a period of time longer than permitted by official
signs.
Part 8, Section 805(2), Pedestrians is hereby amended to read
as follows:
No person shall stand in a roadway for the purpose of soliciting
a ride from the driver of any private vehicle, except in a designated
area.
Section 1213. Parking in electric motor vehicle charging stations,
Paragraph 3(a)(III), is amended to read as follows:.
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(III)
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Between the hours of 11:00 p.m. and 5:00 a.m., except that parking
is allowed on town-owned property between the hours of 11:00 p.m.
and 5:00 a.m., from April 15 to November 1. From November 2 to April
14, no overnight parking or charging is allowed on town-owned property.
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Section 1213 is changed to be Section 1214:
1214 Parking; traffic restriction on Crested Butte Way.
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(a)
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Except as otherwise provided by this chapter, or designated
by appropriately- posted traffic control signs, there shall be no
parking or standing on any portion of the town right-of-way of any
street or road within the town limits of Mt. Crested Butte, Colorado.
Whenever any town police officer finds a vehicle, attended or unattended,
standing upon any portion of such right-of-way in such a manner as
to constitute an obstruction to traffic or proper highway maintenance,
or necessary snow plowing or snow removal, such officer is hereby
authorized to cause such vehicle to be moved to eliminate such obstruction,
and, if necessary, in such officer's determination, towed to the town's
impound lot, and neither the officer, nor anyone operating under his/her
direction, shall be liable for any damage to such vehicle occasioned
by such removal or towing. In addition, the owner of the vehicle shall
be subject to a minimum penalty of $150.
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(b)
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Crested Butte Way is hereby restricted to pedestrian traffic
only, except that necessary construction and service vehicles which
have no other reasonable route of access except Crested Butte Way,
in the determination of the town manager, will be allowed. Such vehicles
may only use Crested Butte Way after first obtaining a permit therefor,
issued by the town manager or designated representative, which permit
shall be for the length of time determined to be reasonably necessary
by the town manager, and further conditioned upon such requirements
and restrictions as will adequately protect the pedestrian traffic
using Crested Butte Way, and to protect the integrity of the roadway
of Crested Butte Way. Emergency vehicles are exempted from provisions
of this section when they are responding to a bona fide emergency
call.
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Section 1214 is changed to be 1215:
1215 Parking in Town Center transit loop easement (bus drop-off)/Emmons
Rd within lot SV-1.
Except for public transit, emergency vehicles, and other vehicles
authorized by the town manager, the town center transit loop easement
(bus drop-off) and the portions of Emmons Rd within the transit loop
(SV-1) are restricted to pedestrian traffic only. Unauthorized driving
through the transit loop easement (bus drop-off) or parking in the
transit loop easement (bus drop-off) or the portions of Emmons Rd
within the transit loop (SV-1) shall be a violation subject to fine
and/or towing.
(Ord. No. 14-6, § 3, 10-7-14; Ord. No. 21-1, § 3, 5-4-21; Ord. No. 22-8, §§ 1, 2, 11-15-22; Ord. No. 22-13, § 1, 11-1-22)
The following penalties, herewith set forth in full, shall apply
to this chapter:
(a)
It is
unlawful for any person to violate any of the provisions adopted in
the ordinance codified in this chapter.
(b)
Violations
of any provision of this Code that are classified as a traffic infraction
shall constitute a civil matter and are punishable by a fine of not
less than $15 nor more than $100, according to the fine schedule as
published by the Colorado State Patrol.
(c)
Every
person convicted of a violation of any provisions adopted in the ordinance
codified in this chapter, which is classified as a misdemeanor, shall
be punished by a fine not exceeding $2,650 or by imprisonment not
exceeding 365 days, or by both such fine and imprisonment.
(d)
If a
person receives a penalty assessment notice for a violation under
this Code and such person pays the fine and surcharge for the violation
on or before the date the payment is due, the points assessed for
the violation are reduced as provided for in section 42-2-127(5.5),
C.R.S.
(Ord. No. 14-6, § 4, 10-7-14; Ord. No. 21-1, § 8, 5-4-21)
Provisions of this Chapter 20 shall apply to every street, alley,
sidewalk area, driveway, park, and to every other public way or public
place or public parking area, either within or outside the corporate
limits of this municipality, the use of which this municipality has
jurisdiction and authority to regulate. The provisions of sections
1401, 1402, and 1413 and part 16 of the adopted Model Traffic Code,
respectively concerning reckless driving, careless driving, eluding
a police officer, and accidents and accident reports shall apply not
only to public places and ways but also throughout this municipality.
(Ord. No. 14-6, § 5, 10-7-14; Ord. No. 21-1, § 9, 5-4-21)
If any part or parts of this chapter are for any reason held
to be invalid such decision shall not affect the validity of the remaining
portions of this chapter.
(Ord. No. 14-6, § 6, 10-7-14; Ord. No. 21-1, § 10, 5-4-21)
This chapter shall be so interpreted and construed as to effectuate
its general purpose to conform with the state's uniform system for
the regulation of vehicles and traffic. Article and section headings
of the chapter 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.
(Ord. No. 14-6, § 7, 10-7-14; Ord. No. 21-1, § 11, 5-4-21)
