HomeMy WebLinkAbout1048 Repealing and Reenacting Ch. 10.04 of Firestone Muni Code Adoption of 2024 Model Traffic Code for Colorado 09-25-2024ORDINANCE NO.1048
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE COLORADO, REPEALING AND REENACTING IN ITS
CHAPTER 10.04 OF THE FIRESTONE MUNICPAL CODE REGARDING
ADOPTION OF THE 2024 MODEL TRAFFIC CODE FOR COLORADO
WHEREAS, since 1952, the Colorado Department of Transportation ("CDOT") has
published and regularly updated a Model Traffic Code for Colorado, which is modeled after the
applicable state statutes and adopted by municipalities to ensure the uniformity and
standardization of traffic regulations throughout the state; and
WHEREAS, the Town of Firestone ("Town") by Ordinance No. 1008 adopted the 2020
Model Traffic Code for Colorado, which was the last edition; and
WHEREAS, CDOT has now published 2024 Model Traffic Code for Colorado which the
Town desires to adopt by reference with local amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE COLORADO, AS FOLLOWS:
Section 1. Chapter 10.04 Model Traffic Code of the Firestone Municipal Code, is repealed in
its entirety and reenacted to provide as follows:
See.10.04.010 - Adoption.
The 2024 Model Traffic Code for Colorado, promulgated and published by the Colorado
Department of Transportation, Traffic Engineering Branch and Safety, 2829 West Howard Place,
Denver, Colorado, 80204, including Appendices Definitions but excluding Appendix A, B, C, D,
F & G, Part 17, Penalties and Procedure, and Part 18 Vehicles Abandoned on Public Property in
their entirety, is hereby adopted by reference as the Model Traffic Code for the Town of Firestone
as if fully set out in this codification with, however, the amendments set forth in this chapter.
Sec. 10.04.020 - Scope and effect of Model Traffic Code —Exceptions to provisions.
Section 103(2) and 103(2)(b) of the Model Traffic Code are repealed in their entirety and
reenacted to provide:
(2) The provisions of this code relating to the operation of vehicles and the movement of
pedestrians shall apply to every street, alley, sidewalk, driveway, park and to every other
public way or public place or public parking area within or outside the corporate limits
of the town, the use of which the town has jurisdiction and authority to regulate except:
(b) Sections 1401, 1402 and 1413 of this code pertaining to reckless driving, careless
driving and eluding a police officer shall apply to all land, areas, and property
(including private) within or outside the corporate limits of the town, the use of which
the town has jurisdiction and the authority to regulate.
Sec.10.04.030. - Section 103, Scope and effect of Model Traffic Code —Exceptions to
provisions.
Sections 103(3) and (4) of the Model Traffic Code are enacted to provide:
(3) All references in this code to "official sign(s)," "official signal(s)," "official traffic control
device(s)," "official device(s)," or "official marking(s)," shall be construed to refer to any
and all signs, signals, devices or markings that have been placed on or about roadways,
highways and other public property within the town by authority of the town, or other
proper governmental official or agency, whether or not the town or such other proper
governmental official or agency exercised such authority by resolution or ordinance. It is
the intent of this section that the "official" nature of any sign, signal, device or marking
not be construed to be an element of any traffic offense or other provision or violation of
this code. Any and all references in this code to acts of a municipality "by resolution,"
"by ordinance," or "by local ordinance," and any requirement within this code that a
municipality act "by resolution," "by ordinance," or "by local ordinance," shall be
repealed and to have been construed only to guide administrative action and not as an
element of any traffic offense, penalty or violation of this code.
(4) All provisions in this code establishing offenses as a Class A or B traffic infraction or
Class 1 or 2 misdemeanor offense and establishing fines and other sentencing conditions
in relation to such offenses, shall be repealed in their entirety, it being the intent that any
violation of this code be subject to the city's general penalty provision as set forth in
Section 1.16.010 of the Firestone Municipal Code. To the extent any notice or other
procedures set forth in the Model Traffic Code conflicts with the requirements or
procedures set forth in the Firestone Municipal Code the Municipal Code shall prevail.
See.10.04.040. - Section 104, Adoption of Traffic control manual of the Model Traffic Code
Section 104 of the Model Traffic Code is repealed in its entirety, reenacted and re -titled
Authority of police personnel to provide:
(a) It shall be the duty of the officers of the police department, or such officers as are assigned
by the chief of police, to enforce all traffic regulations of the town and all state laws
applicable to the town.
(b) Officers of the police department, or such special officers as are assigned by the chief of
police, are hereby authorized to direct all traffic by voice, hand or signal in conformance
with state traffic laws and this code; provided that, in the event of fire or emergency, or
to expedite traffic or protect pedestrians, officers of the department, and other special
officers as are assigned by the chief of police, may direct traffic as conditions may require
notwithstanding the provisions of the state traffic laws or this code.
Sec. 10.04.050: Section 106. Who may restrict right of way to highways
Section 106(1) of the Model Traffic Code is amended by deleting the phrase "or ordinance"'
"or resolution" and "for a total period not to exceed ninety days in any one calendar year" in their
entirety.
Section 106(2) of the Model Traffic Code is amended to provide: Signs designating the
permissible weights shall be erected and maintained.
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Section 106(4.5)(b)(I) and (II) of the Model Traffic Code are repealed in their entirety.
Section 106(6)(a) of the Model Traffic Code is amended by deleting the phrase "as evidenced
by resolution or ordinance"
Sec.10.04.060. - Section 114, Removal of traffic hazards.
Section 114(4) of the Model Traffic Code is enacted to provide:
If the town is not reimbursed within forty-five days after the property owner has been
provided a demand for payment, the amount due shall become a lien against the property
and certified by the town's finance director and recorded with the office of the Weld County
Treasurer. Such lien shall have priority over all other liens except general taxes. The Weld
County Treasurer shall collect and pay over to the town such charges in the same manner as
the Treasurer is authorized to collect delinquent general property taxes.
Sec.10.04.070. - Section 115, Traffic engineer.
Section 115 of the Model Traffic Code is enacted to provide:
(a) The office of the traffic engineer is hereby established. The traffic engineer shall be the
director of engineering and utilities or the director's authorized representative and shall
exercise the power and duties provided in this code. The director of engineering and
utilities shall be directly responsible to the town manager for the performance of the duties
and responsibilities of the traffic engineer.
(1) In the absence of such appointment or at such times as the traffic engineer may be
absent from the municipality or unable to perform their duties, said duties shall be
vested in the chief of police or other town employee as may be designated by the
town manager.
(b) It shall be the duty of the traffic engineer or the official vested with the responsibility for
traffic as provided herein to determine the installation and proper timing and maintenance
of official traffic control devices, to conduct analyses of traffic accidents and to devise
remedial or corrective measures, to conduct investigation of traffic conditions, to plan the
operation of traffic on the streets and highways of the town, and to cooperate with other
town offices in the development of ways and means to improve traffic conditions, and to
carry out such additional powers and duties as are imposed by this code.
(1) By way of example, but not of limitation, the traffic engineer or the official vested
with the office as provided herein is hereby empowered and authorized, consistent
with the provisions of this code, to act as follows:
(i) Install, maintain, and remove traffic control devices.
(ii) Designate and mark medians and traffic islands.
(iii) Conduct speed limit surveys and investigations.
(iv) Designate maximum speed limits throughout the town and post said limits
as provided in this code.
(v) Designate minimum speed limits as provided by this code.
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(vi) Regulate speed and traffic movement by traffic signals and provide for the
synchronization of such signals as provided by this code.
(vii) Designate one-way streets or roadways.
(viii) Designate through streets or roadways and control entrances thereto.
(ix) Designate stop or yield intersections and erect stop or yield signs thereto.
(x) Establish restrictions, prohibitions and regulations for the parking, standing,
or stopping of vehicles.
(xi) Designate special parking zones for transit providers, press, television, radio
cars, and the like.
(xii) Designate parking meter zones and establish time limitations thereon based
on an engineering and traffic investigation.
(xiii) Establish tow -away zones.
(xiv) Designate upon what streets, if any, angle parking shall be permitted.
(xv) Designate and sign intersections at which drivers shall not make a right or
left turn, a U turn, or any turn at all times or during certain times.
(xvi) Designate and sign intersections where multiple turns shall be allowed:
(xvii) Mark centerlines and lane lines and place other pavement markings
necessary for the regulation and control of traffic.
(xviii) Install and maintain crosswalks at intersections or other places where there
is particular danger to pedestrians crossing the roadway.
(xix) Establish safety zones at such places where necessary for pedestrian
protection.
(xx) Install pedestrian -control signals and designate those crossings where angle
crossing by pedestrians shall be permitted.
(xxi) Establish truck routes and truck loading zones; establish bus stops and
taxicab stands.
(xxii) Designate and sign those streets and roadways where pedestrians, bicyclists
or other non -motorized vehicles, or persons operating a motor -driven cycle
shall be excluded as provided by law.
(xxiii) Designate and sign those streets upon which vehicles or loads of a certain
weight shall be prohibited.
(xxiv) Provide for temporary street or alley closures by the erection of barricades.
(xxv) Issue special permits for curb loading operations, for the movement of
vehicles having excess size or width, for parades or processions, and
(xxvi) Perform such other duties as may be assigned to the traffic engineer by the
town manager consistent with the provisions of this code.
See.10.04.080. - Section 119, Driving under restraint.
Section 119 of the Model Traffic Code is enacted to provide:
(1) It is unlawful for any person to drive a motor vehicle or off -highway vehicle upon any
roadway or highway with knowledge that the person's license or privilege to drive, either as
a resident or a non-resident, is under restraint for any reason.
(2) For the purposes of this section "knowledge" means actual knowledge of any restraint from
whatever source or knowledge of circumstances sufficient to cause a reasonable person to be
aware that such person's license or privilege to drive was under restraint. "Knowledge" does
not mean knowledge of a particular restraint or knowledge of the duration of the restraint.
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(3) "Restraint" or "restrained" means any denial, revocation, or suspension of a person's license
or privilege to drive a motor vehicle in this state or another state.
Sec. 10.04.090. - Section 203, Unsafe vehicles —Spot inspections.
Section 203(3) and (4) of the Model Traffic Code are repealed in their entirety.
See.10.04.100 - Section 225, Mufflers —Prevention of noise.
Section 225(3) of the Model Traffic Code is repealed in its entirety.
See.10.04.110. - Section 235, Minimum standards for commercial vehicles —Spot
inspections.
Section 235, Minimum standards for commercial vehicles — spot inspections, of the
Model Traffic Code, is repealed in its entirety and reenacted to provide:
(1) A police officer may, at any time, require the driver of any commercial vehicle, as defined
in section 42-4-235, C.R.S., to stop so that the officer may inspect the vehicle and all
required documents for compliance with the current rules and regulations promulgated
by the Colorado Department of Public Safety, Colorado Code of Regulations Volume 8,
1507-1 "Minimum Standards for the Operation of Commercial Vehicles."
(2) A police officer may immobilize, impound, or otherwise direct the disposition of a
commercial vehicle when it is determined that the motor vehicle or operation thereof is
unsafe and when such immobilization, impoundment, or disposition is appropriate under
the current rules and regulations promulgated by the Colorado Department of Public
Safety, Colorado Code of Regulations Volume 8, 1507-1 "Minimum Standards for the
Operation of Commercial Vehicles."
See.10.04.120. - Section 237, Safety belt systems —Mandatory use —Exemptions penalty.
Section 237(4) (a) of the Model Traffic Code is repealed in its entirety.
Sec. 10.04.130. - Section 239, Misuse of wireless telephone —Definitions —Penalty
preemption.
Section 239(2), (5) and (5.5) of the Model Traffic Code are amended and or deleted to
provide:
(2) A person under eighteen years of age shall not use a wireless telephone while operating
a motor vehicle. This subsection (2) does not apply to acts specified in subsection (4) of
this section.
(5) (Deleted)
(5.5) (Deleted)
Sec. 10.04.140. - Section 243, Nuisance exhibition of motor vehicle exhaust prohibited.
Section 243 of the Model Traffic Code is enacted to provide:
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(1) (a) It shall be unlawful for any person to engage in a nuisance exhibition of motor vehicle
exhaust, which is the knowing release of soot, smoke, or other particulate emissions
from a motor vehicle with a gross vehicle weight rating of fourteen thousand pounds
or less into the air and onto roadways, other motor vehicles, bicyclists, or pedestrians,
in a manner that obstructs or obscures another person's view of the roadway, other
users of the roadway, or a traffic control device or otherwise creates a hazard to a
driver, bicyclist, or pedestrian.
(b) The prohibition set forth in subsection (1)(a) of this section does not apply to:
1. A commercial vehicle, as defined in Appendices Definitions (17.5).
2. A common carrier, as defined in C.R.S. Section 40-1-102(3)(a)(I).
3. A motor carrier, as defined in C.R.S. Section 40-10.1-101(10).
4. A motor carrier of passengers permitted pursuant to C.R.S. Section 40-10.1-302.
5. A motor carrier of towed motor vehicles permitted pursuant to C.R.S. Section
40-10.1-401.
6. A motor carrier of household goods, permitted pursuant to C.R.S. Section 40-
10.1-502.
7. A motor vehicle used for agricultural purposes; or
8. Any other vehicle used for commercial activities.
Sec. 10.04.150- Section 244, License plates.
Section 244 of the Model Traffic Code is enacted to provide:
(1) License plate required. It shall be unlawful for any person to drive, stop or park or for the
owner or person in charge of any vehicle to cause or knowingly permit such vehicle to be
driven, stopped or parked on any street or highway within the town or any property owned
by the town, any vehicle that has been issued a license plate or plates pursuant to Colorado
law, unless the vehicle's license plate or plates for the current registration year are properly
attached to and displayed on the vehicle in accordance with Colorado law.
(2) For the purposes of this section "license plate" includes standardized plates, personalized
plates, special plates, military plates and all other plates both permanent and temporary
issued pursuant to Colorado law.
Sec.10.04.160. - Section 501, Size and weight violations -penalty.
Section 501 of the Model Traffic Code is amended by addition of the following:
Notwithstanding any provision of this code to the contrary, when official signs are erected
giving notice thereof, no person shall operate any vehicle with a weight limit in excess of the
amounts specified on such signs at any time upon any of the streets or parts thereof or upon
any of the bridges or viaducts posted as heretofore provided.
Sec. 10.04.160 - Section 510, Permits for excess size and weight and for manufactured
homes —Rules.
Section 510(b)(1) of the Model Traffic Code is amended by deleting the phrase, "All local
permits shall be issued in the discretion of the local authority pursuant to ordinances or
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resolutions. Any ordinances or resolutions of local authorities shall not conflict with this
section."
Section 510(11), (12) of the Model Traffic Code are repealed in their entirety and (12)
reenacted to provide:
(12) Local authorities may by resolution impose annual permit, single trip permits and
overlength, over width and over height permit fees.
Sec.10.04.170. Section 511, Permit standards -state and local of the Model Traffic Code is
repealed in its entirety.
Sec.10.04.180. Section 614, Designation of highway maintenance, repair, or construction
zones -signs -increase in penalties for speeding violations of the Model Traffic Code is
amended by deleting the second sentence of (1)(b) in its entirety and reenacting it to provide:
(b) Penalties for any person who commits a violation of Sec 1101 Speed limits in a
construction zone shall be doubled.
Sec. 10.04.190. Section 615, School zones, increase in penalties for moving traffic violations
of the Model Traffic Code is amended by deleting section (1) in its entirety and reenacting it to
provide:
(1)Penalties for any person who commits a violation of Sec 1101 Speed limits in a school
zone shall be doubled.
Sec.10.04.180. Section 617, Steep downhill grade zones -increase and penalties and
surcharges for speeding violations -definitions of the Model Traffic Code is repealed in its
entirety.
Sec. 10.04.190. Section 714, Bicyclist or other authorized user in the bicycle lane
Section 714(2)(b)(I) and (II) of the Model Traffic Code are amended by deleting the phrase
"and shall be punished as described in section 42-1-1402(2)(b)"and adding sub -section (3) to
provide:
(3) For the purposes of this section "bicycle lane" means a portion of the roadway that
has been designated by striping, signage, or other pavement markings for the
exclusive use of bicyclists or other authorized users of bicycle lanes. Bicycle lane
includes an intersection if the bicycle lane is marked on opposite sides of the
intersection.
Sec. 10.04.200. - Section 805, Pedestrians walking or traveling in a wheelchair on highways.
Section 805(5) of the Model Traffic Code is repealed in its entirety and reenacted to provide:
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Local authorities may regulate the use by pedestrians of streets and highways under its
jurisdiction to the extent authorized under subsection (6) of this section and sections 110 and
111 but no regulation differing from this section shall be effective until official signs or
devices giving notice thereof have been placed at such location.
Sec. 10.04.210 - Section 901, Required position and method of turning.
Section 901(a) of the Model Traffic Code are repealed in their entirety and reenacted to
provide:
(a) Right turns. Both the approach for a right turn and the right turn shall be made as close
as practicable to the right-hand curb or edge of the roadway. Unless double turn lanes are
clearly marked by official signs, it shall be unlawful for the driver of a vehicle to make a
right turn into any traffic lane other than the right -most lane of traffic of the road onto
which the turn is made.
(b) Left turns. The driver of a vehicle intending to turn left shall approach the turn in the
extreme left-hand lane lawfully available to traffic moving in the direction of travel of
such vehicle. Unless double turn lanes are clearly marked by official signs, it shall be
unlawful for the driver of a vehicle to make a left turn into any traffic lane other than the
left -most lane of traffic lawfully available to traffic moving in the direction of travel of
such vehicle.
See.10.04.220. - Section 1101, Speed limits.
Section 1101(1) of the Model Traffic Code is amended by deleting the phrase "is reasonable
and prudent under the conditions then existing" and replacing with the phrase "the maximum
lawful speed limit."
Section 1101(2)(b), (c) and (d) of the Model Traffic Code are repealed in their entirety and
reenacted to provide:
(b) Twenty-five miles per hour in any business district as set forth in Title 17 of the Firestone
Municipal Code;
(c) Twenty-five miles per hour in any residential district as set forth in Title 17 of the
Firestone Municipal Code;
(d) Fifteen miles per hour in any alley.
Section 1101(4) of the Model Traffic Code is repealed in its entirety.
Section 1101(5) of the Model Traffic Code is amended by deleting the phrase " alleged
reasonable and prudent speed" and replacing it with the phrase "maximum lawful speed limit."
See.10.04.230. - Section 1102, Altering of speed limits —when.
Section 1102(1) and (2) and (3) of the Model Traffic Code are amended by deleting the
phrases "is reasonable or safe" and replacing it with the phrase "the maximum lawful speed
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limit" and deleting the phrases "a reasonable and safe" and replacing it with the phrase "the
maximum lawful." ,
Section 1102(6) of the Model Traffic Code is amended by deleting the phrase "by ordinance,
or a county by resolution of the board of county commissioners" and adding the phrase
"apartment complex, condominium complex or townhouse complex" after the phrase "in mobile
home parks" in the section's first sentence.
Sec.10.04.240. - Section 1203, Ski areas to install signs.
Section 1203 of the Model Traffic Code is repealed in its entirety.
Sec.10.04.250. - Section 1204, Stopping, standing or parking prohibited in specified places.
Section 1204(8) of the Model Traffic Code is repealed in its entirety and enacted to provide:
No person shall stop, stand or park any vehicle upon any private property without the
consent of the owner, lessee or person in possession of such property.
Sec. 10.04.260. - Section 1209, Owner liability for parking violations.
Section 1209 of the Model Traffic Code is amended by the addition of the following:
In any prosecution charging a violation of any provision of this Part 12 governing the
stopping, standing or parking of a vehicle, proof that the particular vehicle described in the
complaint was parked in violation of any such regulation, together with proof that the
defendant named in the complaint was at the time of such parking the registered owner of
such vehicle, shall constitute an evidentiary prima facie presumption that the registered
owner of such vehicle was the person who parked or placed such vehicle at the location
where, and for the time during which, such violation occurred.
Sec.10.04.270. - Section 1210, Designated areas on private property for authorized vehicles
within unincorporated areas of a county.
Section 1210 of the Model Traffic Code is repealed in its entirety.
Sec. 10.04.280. - Section 1213, Parking in electric motor vehicle charging station.
Section 1213(1)(a) of the Model Traffic Code is amended by deleting the phrase `or the
equivalent local ordinance," as used throughout this subsection.
Sec.10.04.290. - Section 1301, Open alcohol beverage container in motor vehicle
prohibited.
Section 1301 of the Model Traffic Code is enacted to provide:
(1) Definitions. As used in this section, the following words and phrases shall mean as set
forth below, unless otherwise specified:
(a) "Alcohol beverage" means a beverage as defined in C.R.S. 44-3-103(2).
(b) "Motor vehicle" means a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways but does not include a vehicle
operated exclusively on a rail or rails.
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(c) "Open alcohol beverage container" means a bottle, can, or other receptacle that
contains any amount of an alcohol beverage, and:
(I) That is open or has a broken seal; or
(II) The contents of which are partially removed.
(d) "Passenger area" means the area designed to seat the driver and passengers while a
motor vehicle is in operation and any area that is readily accessible to the driver or a
passenger while in their seating position, including, but not limited to, the glove
compartment.
(2) (a) Except as otherwise permitted in paragraph (b) of this subsection (2), a person while
in the passenger area of a motor vehicle that is on a public roadway or highway of
this state or the right-of-way of a public roadway or highway of this state may not
knowingly:
(I) Drink an alcohol beverage; or
(II) Have in their possession an open alcohol beverage container.
(b) The provisions of this subsection (2) shall not apply to:
(I) Passengers, other than the driver or a front seat passenger, located in the passenger
area of a motor vehicle designed, maintained, or used primarily for the transportation
of persons for compensation;
(II) The possession by a passenger, other than the driver or a front seat passenger, of an
open alcohol beverage container in the living quarters of a motor home or trailer
coach as defined in Appendices, Definitions, (57) (106)(a) ;
(III) The possession of an open alcohol beverage container in the area behind the last
upright seat of a motor vehicle that is not equipped with a trunk; or
(IV) The possession of an open alcohol beverage container in an area not normally
occupied by the driver or a passenger in a motor vehicle that is not equipped with a
trunk.
Sec.10.04.300. - Section 1302, Open marijuana container — motor vehicle prohibited.
Section 1302 of the Model Traffic Code is enacted to provide:
(1) Definitions. As used in this section, the following words and phrases shall mean as set
forth below unless otherwise specified.
(a) Marijuana means all parts of the plant of the genus cannabis whether growing or not,
the seeds thereof, the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its sees, or its resin,
including marijuana concentrate. Marijuana does not include industrial hemp, nor
does it include fiber produced from the stalks, oil, or cake made from the seeds of
the plant, sterilized seed of the plant, which is incapable of germination, or the weight
of any other ingredient combined with marijuana to prepare topical or oral
administrations, food, drink or other product.
(b) Motor vehicle shall mean a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways but does not include a vehicle
operated exclusively on a rail or rails.
(c) Motor home means a vehicle designed to provide temporary living quarters and
which is built into an integral part of, or a permanent attachment to, a motor vehicle
chassis or van.
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(d) Open marijuana container means a receptacle or marijuana accessory that contains
any amount of marijuana and:
1. that is open or has a broken seal;
2. The contents of which is partially removed; and
3. there is evidence that marijuana has been consumed within the motor vehicle.
(e) Passenger area means the area designed to seat the drive and passengers, including
seating behind the driver, while a motor vehicle is in operation and any area that is
readily accessible to the driver or a passenger while in their seating position,
including but not limited to the glove compartment.
(f) Trailer coach means a wheeled vehicle having an overall length, excluding towing
gear and bumpers, of not less than twenty-six feet, without motive power, that is
designed and generally and commonly used for occupancy by persons for residential
purposes, in temporary locations, and that may occasionally be drawn over the public
highways by a motor vehicle and is licensed as a vehicle.
(2) Except as otherwise permitted under this section, a person, while in the passenger area of
a motor vehicle that is on a public street or roadway, or the right-of-way of a public street
or roadway may not knowingly:
(a) Use or consume marijuana; or
(b) Have in their possession an open marijuana container.
(3) The provisions of this section shall not apply to:
(a) Passengers, other than the driver or a front seat passenger, located in the passenger
area of a motor vehicle designed, maintained, or used primarily for the transportation
of persons for compensation; or passengers within a state and locally licensed mobile
marijuana hospitality establishment;
(b) The possession by a passenger, other than the driver or a front seat passenger, of an
open marijuana container in the living quarters of a motor home, or trailer coach;
(c) The possession of an open marijuana container in the area behind the last upright seat
of a motor vehicle that is not equipped with a trunk; or
(d) The possession of an open marijuana container in an area not normally occupied by
the driver or a passenger in a motor vehicle that is not equipped with a trunk.
Sec. 10.04.310. - Section 1409, Compulsory insurance — penalty — legislative intent.
Section 1409(4) and (9) of the Model Traffic Code are deleted in their entirety.
Sec. 10.04.320- Section 1413, Eluding or attempting to elude a police officer.
Section 1413 the Model Traffic Code is enacted to provide:
Any operator of a motor vehicle who an officer has reasonable grounds to believe has
violated a state law or municipal ordinance, who has received a visual or audible signal
such as a red light or a siren from a police officer driving a marked vehicle showing the
same to be an official police, sheriff, or Colorado state patrol car directing the operator to
bring the operator's vehicle to a stop, and who willfully increases their speed or
extinguishes their lights in an attempt to elude such police officer, or willfully attempts in
any other manner to elude the police officer, or does elude such police officer commits a
traffic offense.
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Sec. 10.04.330. - Section 1417, Regulation of traffic across private property.
Section 1417 of the Model Traffic Code is enacted to provide:
(a) It is unlawful for any person to drive a motor vehicle from a public highway or roadway
or any public way of this city over, across or through any private property to avoid traffic
control signals or traffic control devices or as a route or shortcut from one public highway
or roadway or any public way to another.
(b) As used in this section, "private property" includes, but is not limited to, any property not
designated as a public roadway, highway, street or public way, alley, right -of- way or
easement.
(c) It is an affirmative defense to a charge of violation of this section that the person charged
is the owner of the property or the owner of a leasehold, possessory interest or easement
in or to the property through or across which the motor vehicle is driven.
Sec. 10.04.340- Section 1418, Drivers license required
Section 1418 of the Model Traffic Code is enacted to provide:
(1) Except as otherwise provided in C.R.S. 42-4-401 et seq., for commercial drivers, no
person shall drive any motor vehicle upon any roadway unless such person has been
issued a currently valid driver's or minor driver's license or an instruction permit by
the State's Department of Revenue.
(2) No person shall drive any motor vehicle upon a highway if such person's driver's or
minor driver's license has been expired for one year or less and such person has not
been issued another such license by the State's Department of Revenue or by another
state or country subsequent to such expiration.
(3) No person shall drive any motor vehicle upon a highway unless such person has in their
immediate possession a current driver's or minor driver's license or an instruction
permit issued by the State's Department of Revenue.
(4) No person who has been issued a currently valid driver's or minor driver's license or
an instruction permit shall drive a type or general class of motor vehicle upon a highway
for which such person has not been issued the correct type or general class of license
or permit.
(5) No person who has been issued a currently valid driver's or minor driver's license or
an instruction permit shall operate a motor vehicle upon a highway without having such
license or permit in such person's immediate possession.
(6) A charge of a violation of subsection (2) of this section shall be dismissed by the court
if the defendant elects not to pay the penalty assessment and, at or before the
defendant's scheduled court appearance, exhibits to the court a currently valid driver's
or minor driver's license.
(7) A charge of a violation of subsection (5) of this section shall be dismissed by the court
if the defendant elects not to pay the penalty assessment and, at or before the
defendant's scheduled court appearance, exhibits to the court a currently valid license
Page 12
or permit issued to such person or an officially issued duplicate thereof if the original
is lost, stolen or destroyed.
(8) The conduct of a driver of a motor vehicle which would otherwise constitute a violation
of this section is justifiable and not unlawful when:
(a) It is necessary as an emergency measure to avoid an imminent public or private
injury which is about to occur by reason of a situation occasioned or developed
through no conduct of said driver and which is of sufficient gravity that, according
to ordinary standards of intelligence and morality, the desirability and urgency of
avoiding the injury clearly outweighs the desirability of avoiding the injury sought
to be prevented by this section or;
(b) The person is exempt from the requirements of a valid driver's license as set forth
in C.R.S. 4-2-102.
(9) The issue of justification or exemption is an affirmative defense. As used in this
subsection (9), "affirmative defense" means that, unless the town's evidence raises the
issue involving the particular defense, the defendant, to raise the issue, shall present
some credible evidence of that issue. If the issue involved in an affirmative defense is
raised, then the ability of the defendant must be established beyond a reasonable doubt
as to that issue as well as all other elements of the traffic infraction.
Sec. 10.04.350. — Appendices — Definitions.
Appendices — Definitions of the Model Traffic Code is amended by deletion of the
following definitions.
(11) Business district
(80) Residence district
Section 2. If any article, section, paragraph, sentence, clause, or phrase of this
ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect
the validity or constitutionality of the remaining portions of this ordinance. The Board of
Trustees hereby declare it would have passed this ordinance and each part or parts hereof
irrespective of the fact that any one part or parts be declared unconstitutional or invalid.
Section 3. Violations of this ordinance shall be punishable in accordance with Section
1.16.010 of the Municipal Code of the Town of Firestone, Colorado, which reads in its entirety as
follows:
A. No person shall violate any of the provisions of the ordinances of the Town.
Except in cases where a different punishment is prescribed by any ordinance of the
Town, any person, at least ten years of age but not yet eighteen years of age, who violates
any of the provisions of the ordinances of the Town, shall be punished by a fine not
exceeding, at the time of the commission of the offense, the maximum fine established by
the state for municipal ordinance violations.
Page 13
B. No person shall violate any of the provisions of the ordinances of the Town.
Except in cases where a different punishment is prescribed by any ordinance of the
Town, any person eighteen years of age or older at the time of the violation, who violates
any of the provisions of the ordinances of the Town, shall be punished by a fine not
exceeding, at the time of the commission of the offense, the maximum fine established by
the state for municipal ordinance violations or by imprisonment not to exceed 364 days,
or both such fine and imprisonment.
C. Any person convicted of a violation of the Model Traffic Code as adopted by the
Town shall be punished by a fine not exceeding the maximum amount established by the
state for municipal ordinance violations except that any person convicted of the offenses
of Model Traffic Code Sec. 1101, speeding more than twenty-four miles over the
maximum permissible speed, Model Traffic Code Sec. 1105, speed contest, Model
Traffic Code Sec. 1401 reckless driving, Model Traffic Code Sec. 1413, eluding or
attempting to elude a peace officer or Model Traffic Code Sec. 1409, compulsory
insurance shall be subject to imprisonment not to exceed 364 days or both such fine and
imprisonment.
D. Each such person shall be guilty of a separate offense for each and every day
during any portion of which any violation of any provision of the ordinances of Firestone,
Colorado, is committed, continued or permitted by any such person, and he or she shall
be punished accordingly.
Section 4. All other ordinances or portions thereof inconsistent or conflicting with
this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or
conflict.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this day of AV y , 2024.
sE�
ATTEST:
CC
a Gonzalez, Town Clerk
OF
COLORADO
APPROVED AS T ORM:
William P. Hayashfywn Attorney
Page 14
ORDINANCE NO.1008
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE
COLORADO, REPEALING AND REENACTING IN ITS ENTIRETY CHAPTER 10.04
OF THE FIRESTONE MUNICIPAL CODE REGARDING ADOPTION OF THE
REVISED 2020 MODEL TRAFFIC CODE FOR COLORADO
WHEREAS, since 1952, the Colorado Department of Transportation ("CDOT") has
published and regularly updated a Model Traffic Code for Colorado, which is modeled after the
applicable state statutes and adopted by municipalities to ensure the uniformity and
standardization of traffic regulations throughout the state; and
WHEREAS, the Town of Firestone ("Town") adopted the 2010 Model Traffic Code,
which was the last edition; and
WHEREAS, CDOT published a 2018 and 2019 version of the Model Traffic Code,
however, a final version was not published until 2020 and the Town now desires to adopt the
Revised 2020 Model Traffic Code.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, COLORADO, AS FOLLOWS:
Section 1. Chapter 10.04, Traffic Code, of the Firestone Municipal Code is repealed in its
entirety and reenacted to provide as follows:
10.04.010. - Adoption. `
The Revised 2020 Model Traffic Code for Colorado, promulgated and published by the
Colorado Department of Transportation, Traffic Engineering Branch and Safety, 2829 West
Howard Place, Denver, Colorado, 80204, excluding Appendices A, B, C, D, E, F & G, Part 17,
Penalties and Procedure and Part 18, Vehicles Abandoned on Public Property, in their entirety, is
hereby adopted by reference as the Model Traffic Code for the Town of Firestone as if Ailly set
out in this codification with, however, the amendments set forth in this chapter.
10.04.020. - Scope and effect of code —Exceptions to provisions.
Section 103 (2) and 103 (2)(b) of the Model Traffic Code are repealed in their entirety and
reenacted to provide:
(2) The provisions of this code relating to the operation of vehicles and the movement of
pedestrians shall apply to every street, alley, sidewalk, driveway, park and to every other
public way or public place or public parking area within or outside the corporate limits
of the town, the use of which the town has jurisdiction and authority to regulate except:
(b) Sections 1401, 1402 and 1413 of this code pertaining to reckless driving, careless
driving and eluding a police officer shall apply to all land, areas, and property
(including private) within or outside the corporate limits of the town, the use of which
the town has jurisdiction and the authority to regulate.
10.04.030. - Section 103, Scope and effect of Model Traffic Code —Exceptions to provisions.
Sections 103 (3) and (4) of the Model Traffic Code are enacted to provide:
(3) All references in this code to "official sign(s)," "official signal(s)," "official traffic control
device(s)," "official device(s)," or "official marking(s)," shall be construed to refer to any
and all signs, signals, devices or markings that have been placed on or about roadways,
highways and other public property within the town by authority of the town, or other
proper governmental official or agency, whether or not the town or such other proper
govermnental official or agency exercised such authority by resolution or ordinance. It is
the intent of this section that the "official" nature of any sign, signal, device or marking
not be constived to be an element of any traffic offense or other provision or violation of
this code. Any and all references in this code to acts of a municipality "by resolution,"
"by ordinance," or "by local ordinance," and any requirement within this code that a
municipality act "by resolution," "by ordinance," or "by local ordinance," shall be
repealed and to have been construed only to guide administrative action and not as an
element of any traffic offense or violation of this code.
(4) All provisions in this code establishing offenses as a Class A or B traffic infraction or
Class 1 or 2 misdemeanor offense and establishing fines and other sentencing conditions
in relation to such offenses, shall be repealed in their entirety, it being the intent that any
violation of this code shall in accordance with 42-4-110 C.R.S., be subject to the town's
general penalty provision as set forth in Section 1.16 of the Firestone Municipal Code.
To the extent any notice or other procedures set forth in the Model Traffic Code conflict
with the requirements or procedures set forth in the Firestone Municipal Code the later
shall prevail.
10.04.040. - Section 104, Adoption of traffic control manual
Section 104 of the Model Traffic Code is repealed in its entirety re-enacted and retitled
Authority of police personnel to provide:
(1) It shall be the duty of the officers of the police department, or such officers as are assigned
by the chief of police, to enforce all traffic regulations of the town and all of the State
laws applicable to the town.
(2) Officers of the police department, or such special officers as are assigned by the chief of
police, are hereby authorized to direct all traffic by voice, hand or signal in conformance
with State traffic laws and this code; provided that, in the event of fire or emergency, or
to expedite traffic or protect pedestrians, officers of the department, and other special
officers as are assigned by the chief of police, may direct traffic as conditions may require
notwithstanding the provisions of the state traffic laws or this code.
Page 2
10.04.050. - Section 106, Who may restrict right to use highways
Section 106 (1) of the Model Traffic Code is amended by deleting the phrases "by
ordinance or resolution" and "for a total period not to exceed ninety days in any one calendar year"
in their entirety.
Section 106 (2) of the Model Traffic Code is amended to provide: Signs designating the
permissible weights shall be erected and maintained.
Section 106 (3) of the Model Traffic Code is amended by deleting the phrase "by ordinance
or resolution."
Section (4.5)(b)(I) and (II) of the Model Traffic Code are repealed in their entirety.
Section 106 (6)(a) of the Model Traffic Code is amended by deleting the phrase "as
evidenced by resolution or ordinance"
10.04.060. - Section 113, Appropriations for administration of article.
Section 113 of the Model Traffic Code is repealed in its entirety.
10.04.070. - Section 114, Removal of traffic hazards.
Section 114 (4) of the Model Traffic Code is enacted to provide:
If the town is not reimbursed within forty-five days after the property owner has been
provided a demand for payment, the amount due shall become a lien against the property
and certified by the town's finance detector and recorded with the office of the Weld County
Treasurer. Such lien shall have priority over all other Iiens except general taxes. The Weld
County Treasurer shall collect and pay over to the town such charges in the same manner as
the Treasurer is authorized to collect delinquent general property taxes.
10.04.080. - Section 115, Traffic engineer.
Section 115 of the Model Traffic Code is enacted to provide:
(1) The office of the traffic engineer is hereby established. The traffic engineer shall be the
town engineer or the engineer's authorized representative and shall exercise the power
and duties provided in this code. The town engineer shall be directly responsible to the
town manager for the performance of the duties and responsibilities of the traffic
engineer.
(a) In the absence of such appointment or at such times as the traffic engineer may be
absent from the municipality or unable to perform his/her duties, said duties shall be
vested in and employee as may be designated by the town manager.
(2) It shall be the duty of the traffic engineer or the official vested with the responsibility for
traffic as provided herein to determine the installation and proper timing and maintenance
of official traffic control devices, to conduct analyses of traffic accidents and to devise
remedial or corrective measures, to conduct investigation of traffic conditions, to plan the
operation of traffic on the streets and highways of the town, and to cooperate with other
Page 3
town departments in the development of ways and means to hnprove traffic conditions,
and to carry out such additional powers and duties as are imposed by this code.
(a) By way of example, but not of limitation, the traffic engineer or the official vested
with the office as provided herein is hereby empowered and authorized, consistent
with the provisions of this code, to act as follows:
1. Install, maintain, and remove traffic control devices;
2. Designate and mark medians and traffic islands;
3. Conduct speed limit surveys and investigations;
4. Designate maximum speed limits throughout the town and post said limits
as provided in this code;
5. Designate minimum speed limits as provided by this code;
6. Regulate speed and traffic movement by traffic signals and provide for the
synchronization of such signals as provided by this code.
7. Designate one-way streets or roadways;
S. Designate through streets or roadways and control entrances thereto;
9. Designate stop or yield intersections and erect stop or yield signs thereto;
10. Establish restrictions, prohibitions and regulations for the parking, standing,
or stopping of vehicles;
11. Designate special parking zones for transit providers, press, television, radio
cars, and the like;
12. Designate parking meter zones and establish time limitations thereon based
on an engineering and traffic investigation;
13. Establish tow -away zones;
14. Designate upon what streets, if any, angle parking shall be permitted;
15. Designate and sign intersections at which drivers shall not make a right or
left turn, a U turn, or any turn at all times or during certain times;
16. Designate and sign intersections where multiple turns shall be allowed:
17. Mark centerlines and lane lines and place other pavement markings
necessary for the regulation and control of traffic;
18. Install and maintain crosswalks at intersections or other places where there
is particular danger to pedestrians crossing the roadway;
19. Establish safety zones at such places where necessary for pedestrian
protection;
20. Install pedestrian -control signals and designate those crossings where angle
crossing by pedestrians shall be permitted;
21. Establish flick routes and truck loading zones; establish bus stops and
taxicab stands;
22. Designate and sign those streets and roadways where pedestrians, bicyclists
or other non -motorized vehicles, or persons operating a motor -driven cycle
shall be excluded as provided by law;
23. Designate and sign those streets upon which vehicles or loads of a certain
weight shall be prohibited;
24. Provide for temporary street or alley closures by tine erection of barricades;
25. Issue special permits for curb loading operations, for the movement of
vehicles having excess size or width, for parades or processions, and
26. Perform such other duties as may be assigned to the traffic engineer by the
town manager consistent with the provisions of this code.
Page 4
10.04.090. - Section 118, Drivers' license required.
Section 118 of the Model Traffic Code Establislniient of wildlife crossing zones -report -
repeal is repealed and reenacted in its entirety and retitled "Driver's license required" to provide:
(1) Except as otheiise provided in C.R.S. 42-4-401 et seq. for cormnercial drivers, no
person shall drive any motor vehicle upon a highway unless such person has been issued
a currently valid driver's or minor driver's license or an instruction permit by the State's
Department of Revenue.
(2) No person shall drive any motor vehicle upon a highway if such person's driver's or
minor driver's license has been expired for one year or less and such person has not been
issued another such license by the State's Department of Revenue or by another state or
country subsequent to such expiration.
(3) No person shall drive any motor vehicle upon a highway unless such person has in their
immediate possession a current driver's or minor driver's license or an instnction permit
issued by the State's Department of Revenue.
(4) No person who has been issued a currently valid driver's or minor driver's license or an
instruction permit shall drive a type or general class of motor vehicle upon a highway for
which such person has not been issued the correct type or general class of license or
permit.
(5) No person who has been issued a currently valid driver's or minor driver's license or an
instruction permit shall operate a motor vehicle upon a highway without having such
license or permit in such person's immediate possession.
(6) A charge of a violation of subsection (2) of this section shall be dismissed by the court if
the defendant elects not to pay the penalty assessment and, at or before the defendant's
scheduled court appearance, exhibits to the court a currently valid driver's or minor
driver's license.
(7) A charge of a violation of subsection (5) of this section shall be dismissed by the court if
the defendant elects not to pay the penalty assessment and, at or before the defendant's
scheduled court appearance, exhibits to the court a currently valid license or permit
issued to such person or an officially issued duplicate thereof if the original is lost, stolen
or destroyed.
(8) The conduct of a driver of a motor vehicle which would otherwise constitute a violation
of this section is justifiable and not unlawful when:
(a) It is necessary as an emergency measure to avoid an iimrunent public or private
injury«4rich is about to occur by reason of a situation occasioned or developed
through no conduct of said driver and which is of sufficient gravity that,
according to ordinary standards of intelligence and morality, the desirability and
urgency of avoiding the iujuly clearly outweighs the desirability of avoiding the
injury sought to be prevented by this section or;
(b) The person is exempt from the requirements of a valid driver's license as set
forth in C.R.S. 4-2-102.
Page 5
(9) The issue of justification or exemption is an affirmative defense. As used in this
subsection (9), "affirmative defense" means that, unless the town's evidence raises the
issue involving the particular defense, the defendant, to raise the issue, shall present
some credible evidence of that issue. If the issue involved in an affirmative defense is
raised, then the ability of the defendant must be established beyond a reasonable doubt
as to that issue as well as all other elements of the traffic infraction.
10.04.100. - Section 203, Unsafe vehicles —Spot inspections.
Section 203 (3) and (4) of the Model Traffic Code are repealed in their entirety.
10.04.110. - Section 225, Mufflers —Prevention of noise.
Section 225 (3) of the Model Traffic Code is repealed in its entirety.
10.04.120. - Section 235, Minimum standards for commercial vehicles —Spot inspections.
Section 235, Minimum standards for commercial vehicles — spot inspections, of the Model
Traffic Code, is repealed in its entirety and reenacted to provide:
(1) A police officer may, at any time, require the driver of any commercial vehicle, as defined
in C.R.S. 42-4-235, to stop so that the officer may inspect the vehicle and all required
documents for compliance with the current rules and regulations promulgated by the
Colorado Department of Public Safety, Colorado Code of Regulations Volume 8, 1507-
1 "Minimum Standards for the Operation of Commercial Vehicles."
(2) A police officer may immobilize, impound, or otherwise direct the disposition of a
commercial vehicle when it is determined that the motor vehicle or operation thereof is
unsafe and when such immobilization, impoundment, or disposition is appropriate under
the current rules and regulations promulgated by the Colorado Department of Public
Safety, Colorado Code of Regulations Volume 8, 1507-1 "Minimum Standards for the
Operation of Commercial Vehicles"
10.04.130. - Section 237, Safety belt systems —Mandatory use —Exemptions penalty.
Section 237 (4) (a) of the Model Traffic Code is repealed in its entirety.
10.04.140. - Section 239, Misuse of wireless telephone —Definitions —Penalty preemption.
Section 239 (2), (5) and (5.5) (deleted) of the Model Traffic Code are amended to provide:
(2) A person under eighteen years of age shall not use a wireless telephone while operating
a motor vehicle. This subsection (2) does not apply to acts specified in subsection (4) of
this section.
(5) (Deleted)
(5.5) (Deleted)
Page 6
10.04.150. - Section 243, Nuisance exhibition of motor vehicle exhaust prohibited.
Section 243 of the Model Traffic Code is enacted to provide:
(1) (a) It shall be unlawfiil for any person to engage in a nuisance exhibition of motor vehicle
exhaust, which is the knowing release of soot, smoke, or other particulate emissions
from a motor vehicle with a gross vehicle weight rating of fourteen thousand pounds
or less into the air and onto roadways, other motor vehicles, bicyclists, or pedestrians,
in a manner that obstructs or obscures another person's view of the roadway, other
users of the roadway, or a traffic control device or otherwise creates a hazard to a
driver, bicyclist, or pedestrian.
(b) The prohibition set forth in subsection (1)(a) of this section does not apply to:
1. A commercial vehicle, as defined in C.R.S. 42-4-235;
2. A common carrier, as defined in C.R.S. 40-1-102(3)(a)(I);
3. A motor carrier, as defined in C.R.S. 40-10.1-101(10);
4. A motor carrier of passengers, permitted pursuant to C.R.S. 40-10.1-302;
5. A motor carrier of towed motor vehicles, permitted pursuant to C.R.S. 40-10.1-
401;
6. A motor carrier of household goods, pennitted pursuant to C.R.S. 40-10.1-502;
7. A motor vehicle used for agricultural purposes; or
8. Any other vehicle used for commercial activities.
10.04.160. - Section 501, Size and weight violations -penalty.
Section 501 of the Model Traffic Code is amended by addition of tire following:
Notwithstanding any provision of this code to the contrary, when official signs are erected
giving notice thereof, no person shall operate any vehicle with a weight limit in excess of the
amounts specified on such signs at any time upon any of the streets or parts thereof or upon
any of the bridges or viaducts posted as heretofore provided.
10.04.170. - Section 510, Permits for excess size and weight and for manufactured homes —
Rules.
Section 510 (b)(1) of the Model Traffic Code is amended by deleting the phrase, "All local
permits shall be issued in the discretion of the local authority pursuant to ordinances or
resolutions adopted in accordance with section 511. Any ordinances or resolutions of local
authorities shall not conflict with this section."
Section 510 (11), (12) of the Model Traffic Code are repealed in their entirety and (12)
reenacted to provide:
(12) Local authorities may by resolution impose annual permit, single trip permits and
overlength, overwidth and overheight permit fees.
10.04.180. - Section 616, Wildlife crossing zones -increase in penalties for moving trafflc
violations of the Model Traffic Code is repealed in its entirety.
Page 7
10.04.190. - Section 714, Bicyclist, or other authorized use of a bicycle in the bicycle lane of
the Model Traffic Code is enacted to provide:
(1) The driver of a vehicle shall yield the right-of-way to a bicycle or other authorized user of
a bicycle in the bicycle lane.
(a) For the purposes of this section "bicycle lane" means a portion of the roadway that
has been designated by striping, signage, or other pavement markings for the
exclusive use of bicyclists or other authorized users of bicycle lanes. Bicycle lane
includes an intersection if the bicycle lane is marked on opposite sides of the
intersection.
10.04.200. - Section 805, Pedestrians walking or traveling in a wheelchair on highways.
Section 805 (5) of the Model Traffic Code is repealed in its entirety and reenacted to
provide:
Local authorities may regulate the use by pedestrians of streets and highways under its
jurisdiction to the extent authorized under subsection (6) of this section but no regulation
differing from this section shall be effective until official signs or devices giving notice
thereof have been placed at such location.
10.04.210. - Section 1010, Driving on divided or controlled access highway.
Section 1010 (3) of the Model Traffic Code is amended by deleting the phrase "by
ordinance."
10.04.220. - Section 1101, Speed limits.
Section 1101(1) of the Model Traffic Code is amended by deleting the phrase "is reasonable
and prudent under the conditions then existing" and replacing with the phrase "the maximum
lawful speed limit."
10.04.230. - Section 1101, Speed limits.
Section 1101 (2)(a)(b), (c) and (d) of the Model Traffic Code are repealed in their entirety
and reenacted to provide:
(a) Twenty-five miles per hour in any residential district as defined in Title 17 of the
Firestone Municipal Code;
(b) Thirty miles per hour in any commercial district as defined in Title 17 of the Firestone
Municipal Code;
(c) Fifteen miles per hour in any alley.
Section 1101 (4) of the Model Traffic Code is repealed in its entirety.
Page 8
Section 1101(5) of the Model Traffic Code is amended by deleting the phrase "alleged
reasonable and prudent speed" and replacing it with the phrase "maximum lawful speed limit."
10.04.240. - Section 1102, Altering of speed limits —when.
Section 1102 (1) and (2) and (3) of the Model Traffic Code are amended by deleting the
phrases "is reasonable or safe" and replacing it with the phrase "the maximum lawful speed
limit" and deleting the phrases "a reasonable and safe" and replacing it with the phrase "the
maximum lawful."
Section 1102 (6) of the Model Traffic Code is amended by deleting the phrase "by
ordinance, or a county by resolution of the board of county commissioners" and adding tine
phrase "apartment complex, condominium complex or townhouse complex" after the phrase "in
mobile home parks" in the section's first sentence.
10.04.250. - Section 1203, Ski areas to install signs.
Section 1203 of the Model Traffic Code is repealed in its entirety.
10.04.260. - Section 1204, Stopping, standing or parking prohibited In specified places.
Section 1204 (8) of the Model Traffic Code is repealed in its entirety and enacted to provide:
No person shall stop, stand, or park any vehicle upon any private property without the
consent of the owner, lessee or person in possession of such property.
10.04.270. - Section 1205, Parking at curb or edge of roadway.
Section 1205 (2) and (3) are amended by deleting the phrase "by ordinance" in both sections.
10.04.280. - Section 1209, Owner liability for parking violations.
Section 1209 of the Model Traffic Code is amended by the addition of the following:
In any prosecution charging a violation of any provision of this Part 12 governing tine
stopping, standing or parking of a vehicle, proof that the particular vehicle described in the
complaint was parked in violation of any such regulation, together with proof that the
defendant named in the complaint was at the time of such parking the registered owner of
such vehicle, shall constitute an evidentiary prima facie presumption that the registered
owner of such vehicle was the person who parked or placed such vehicle at the location
where, and for the time during which, such violation occurred.
10.04.290. - Section 1210, Designated areas on private property for authorized vehicles
within unincorporated areas of a county.
Page 9
Section 1210 of the Model Traffic Code is repealed in its entirety and re-enacted and retitled
Parking Regulations to provide as follows:
(1) Definitions. For the purposes of this section, the following words shall have the
following meanings except as otherwise specified:
(a) "Adventure or camper van" means a self-propelled vehicle that provides both
transport and sleeping accoramodations that have often been fitted out with a
coach -built body, to provide sleeping accommodations.
(b) "Commercial trailer° means any wheeled vehicle, without motive power, which
is designed to be drawn by a motor vehicle and to carry its cargo load wholly
upon its own structure and which is generally and commonly used to carry and
transport property over the public highways in furtherance of any commercial
activity.
(c) "Commercial vehicle" means any truck tractor, dump truck, semi -trailer,
commercial trailer, tow truck or vehicle equipped to provide towing services,
bus, which is used, or normally associated with, the transportation of materials,
products, freight, other vehicles, or equipment in furtherance of any commercial
activity or is used "for hire" except that any passenger vehicle designed to
transport no more than nine persons or any pickup track or van not exceeding
twenty-five feet in length shall not be considered a commercial vehicle.
(d) "Food truck" means a motorized or towed, self-contained, readily movable
vehicle, that is designed and equipped to prepare and sell beverages and/or food
while parked in a fixed location.
(e) "Recreational vehicle" means a motor vehicle designed or used as a conveyance
upon streets and highways and constructed so as to provide temporary occupancy
as a dwelling or sleeping place for one or more persons. Recreational vehicle
does not include an adventure van, camper van or pick-up truck with an attached
camper shell.
(f) "Trailer" means any wheeled vehicle, without motive power which is designed to
be drawn by a motor vehicle and carry its load wholly upon its own strnctu a and
which is generally and connuonly used to carry and transport property over the
public highways.
(g) "Travel trailer" means a portable stmcture, mounted on wheels, designed to be
towed by a motorized vehicle and containing cooking or sleeping facilities to
provide temporary living quarters for recreational camping or travel use. Such
structures may be constructed with rigid sides or may have collapsible side walls
of fabric, plastic or other pliable material.
(2) Designatedvehiclepni-l-iiigprohibitioiis.
(a) It shall be unlawful for any person to park any of the following vehicles on
either side of the public right-of-way adjacent to any lot in any residential
zoned district except, when such vehicle is being used to render services to a
property located with two hundred feet of the vehicle:
1. Any commercial vehicle or commercial trailer:
2. Any motor vehicle exceeding twenty-five feet in length except that the
measured length of such vehicle shall exclude towing gear bumpers and
attached cargo racks.
Page 10
3. A combination of a trailer and motor vehicle exceeding twenty-five feet in
length or eight feet in wide.
4. Any trailer or travel trailer exceeding twenty-five feet in length.
(b) It shall be unlawfiil for any person to park a food hock and conduct business
upon any public right-of-way except as authorized and in compliance with a
permit issued by the city's office of special events.
(c) It shall not be a defense to this section that any vehicle, trailer, or food trick has
been moved to a different location within the public right-of-way. To be in
compliance the vehicle, trailer or food Mick or must be removed from the right-
of-way.
(3) Parkng of recreational vehicles, travel trailers or bailers on public right-of-ivm,
prohibited.
(a) It is unlawful for any person to park a recreational vehicle, travel trailer or trailer
on the public right-of-way except as follows:
1. Directly in front of the single-family or multi -family dwelling of the
vehicle's registered owner for a period of not more than seventy-two (72)
hours when being loaded or unloaded nor more than five seventy-two (72)
hour periods in any calendar year; or
2. In compliance with the terns and conditions of a permit issued pursuant to
subsection (d) herein below.
3. It shall not be a defense to this section that the recreational vehicle, travel
trailer or trailer has been moved to a different location within the public
right-of-way. To be in compliance with this section, the recreational vehicle,
travel trailer or trailer must be removed from the public right-of-way.
(4) Permits for' parking of r'eci-eational Vehicles or' ti-ai,el lrailers on the pitblic r'iglit-of-
luny.
(a) The director of public works or his/her designee may issue a permit to the
registered owner of a recreational vehicle, travel trailer or trailer to park such
vehicle for a period of time greater than seventy-two (72) hours on public right-
of-way adjacent to any lot in any residential -zoned district subject to the
following restrictions:
1. The permit shall only allow the vehicle to be parked on the public right-of-
way that is directly in front of the applicant's single-family or multi -family
dwelling for a period of time which shall not exceed fifteen calendar days
within any calendar year.
10.04.300. - Section 1213, Parking in electric motor vehicle charging station.
Section 1213(1)(a) of the Model Traffic Code is amended by deleting the phrase "or the
equivalent local ordinance," as used throughout this subsection.
10.04.310. - Section 1301, Open alcoholic beverage container in motor vehicle prohibited.
Section 1301 of the Model Traffic Code is enacted to provide:
(1) Definitions. As used in this section, the following words and phrases shall mean as set
forth below, unless otherwise specified:
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(a) "Alcoholic beverage" means a beverage as defined in C.R.S. 44-3-103(2).
(b) "Motor vehicle" means a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways but does not include a vehicle
operated exclusively on a rail or rails.
(c) "Open alcoholic beverage container" means a bottle, can, or other receptacle that
contains any amount of alcoholic beverage, and:
1. That is open or has a broken seal; or
2. The contents of which are partially removed.
(d) "Passenger area" means the area designed to seat the driver and passengers while a
motor vehicle is in operation and any area that is readily accessible to the driver or a
passenger while in his or her seating position, including, but not limited to, the glove
compartment.
(2) (a) Except as otherwise permitted in paragraph (b) of this subsection (2), a person while
in the passenger area of a motor vehicle that is on a public roadway or highway of
this state or the right-of-way of a public roadway or highway of this state may not
knowingly:
1. Drink an alcoholic beverage; or
2. Have in his or her possession an open alcoholic beverage container.
(b) The provisions of this subsection (2) shall not apply to:
1. Passengers, other than the driver or a front seat passenger, located in the
passenger area of a motor vehicle designed, maintained, or used primarily for
the transportation of persons for compensation;
2. The possession by a passenger, other than the driver or a front seat passenger, of
an open alcoholic beverage container in the living quarters of a house coach,
house trailer, motor home or trailer coach as defined in Appendices, Definitions,
(58) and (114(a));
3. The possession of an open alcoholic beverage container in the area behind the last
upright seat of a motor vehicle that is not equipped with a tnmk; or
4. The possession of an open alcoholic beverage container in an area not normally
occupied by the driver or a passenger in a motor vehicle that is not equipped
with a hunk.
10.04.320. - Section 1302, Open marijuana container — motor vehicle prohibited.
Section 1302 of the Model Traffic Code is enacted to provide:
(1) Definitions. As used in this section, the following words and phrases shall mean as set
forth below unless otherwise specified.
(a) Marpona means all parts of the plant of the genus cannabis whether growing or not,
the seeds thereof, the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its sees, or its resin,
including marijuana concentrate. Marijuana does not include industrial hemp, nor
does it include fiber produced from the stalks, oil, or cake made from the seeds of
the plant, sterilized seed of the plant, which is incapable of gennination, or the weight
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of any other ingredient combined with marijuana to prepare topical or oral
administrations, food, drink or other product.
(b) Motor vehicle shall mean a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways but does not include a vehicle
operated exclusively on a rail or rails.
(c) Motor home means a vehicle designed to provide temporary living quarters and
which is built into an integral part of, or a permanent attachment to, a motor vehicle
chassis or van.
(d) Open rrror•yriana container means a receptacle or marijuana accessory that contains
any amount of marijuana and:
1. that is open or has a broken seal;
2. the contents of which is partially removed; and
3, there is evidence that marijuana has been consumed within the motor vehicle.
(e) Passenger area means the area designed to seat the drive and passengers, including
seating behind the driver, while a motor vehicle is in operation and any area that is
readily accessible to the driver or a passenger while in his or her seating position,
including but not limited to the glove compartment.
(f) Trailer coach means a wheeled vehicle having an overall length, excluding towing
gear and bumpers, of not less than hventy-six feet, without motive power, that is
designed and generally and commonly used for occupancy by persons for residential
purposes, in temporary locations, and that may occasionally be drawn over the public
highways by a motor vehicle and is licensed as a vehicle.
(2) Except as otherwise permitted under this section, a person, while in the passenger area of
a motor vehicle that is on a public street or roadway, or the right-of-way of a public street
or roadway may not knowingly:
(a) Use or consume marijuana; or
(b) Have in his or her possession an open marijuana container.
(3) Tire provisions of this section shall not apply to:
(a) Passengers, other than the driver or a front seat passenger, located in the passenger
area of a motor vehicle designed, maintained, or used primarily for the transportation
of persons for compensation; or passengers within a state and locally licensed mobile
marijuana hospitality establishment;
(b) The possession by a passenger, other than the driver or a front seat passenger, of an
open marijuana container in the living quarters of a motor home, or trailer coach;
(c) The possession of an open marijuana container in the area behind the last upright seat
of a motor vehicle that is not equipped with a trunk; or
(d) The possession of an open marijuana container in an area not normally occupied by
the driver or a passenger in a motor vehicle that is not equipped with a trunk.
10.04.330. - Section 1409, Compulsory insurance — penalty — legislative intent.
Section 1409(4) and (9) of the Model Traffic Code are deleted in their entirety.
10.04.340. - Section 1417, Regulation of traffic across private property.
Section 1417 of the Model Traffic Code is enacted to provide:
(a) It is unlawfid for any person to drive a motor vehicle from a public highway or roadway
or any public way of this town over, across or through any private property to avoid traffic
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control signals or traffic control devices or as a route or shortcut from one public highway
or roadway or any public way to another.
(b) As used in this section, "private property" includes, but is not limited to, any property not
designated as a public roadway, highway, street or public way, alley, right -of- way or
easement.
(c) It is an affirmative defense to a charge of violation of this section that the person charged
is the owner of the property or the owner of a leasehold, possessory interest or easement
in or to the property through or across which the motor vehicle is driven.
Section 2. If any article, section, paragraph, sentence, clause, or phrase of this
ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect
the validity or constitutionality of the remaining portions of this ordinance. The Board of
Trustees hereby declare it would have passed this ordinance and each part or parts hereof
irrespective of the fact that any one part or parts be declared unconstitutional or invalid.
Section 3. Violations of this ordinance shall be punishable in accordance with Section
1.16.010 of the Municipal Code of the Town of Firestone, Colorado, which reads in its entirety as
follows:
A. No person shall violate any of the provisions of the ordinances of the Town.
Except in cases where a different punishment is prescribed by any ordinance of the
Town, any person, at least ten years of age but not yet eighteen years of age, who violates
any of the provisions of the ordinances of the Town, shall be punished by a fine not
exceeding, at the time of the commission of the offense, the maximum fine established by
the state for municipal ordinance violations.
B. No person shall violate any of the provisions of the ordinances of the Town.
Except in cases where a different punishment is prescribed by any ordinance of the
Town, any person eighteen years of age or older at the time of the violation, who violates
any of the provisions of the ordinances of the Town, shall be punished by a fine not
exceeding, at the time of the commission of the offense, the maximum fine established by
the state for municipal ordinance violations or by imprisonment not to exceed 364 days,
or both such fine and imprisonment.
C. Any person convicted of a violation of the Model Traffic Code as adopted by the
Town shall be punished by a fine not exceeding the maximum amount established by the
state for municipal ordinance violations except that any person convicted of the offenses
of Model Traffic Code See. 1101, speeding more than twenty-four miles over the
maximum permissible speed, Model Traffic Code Sec. 1105, speed contest, Model
Traffic Code Sec. 1401 reckless driving, Model Traffic Code See. 1413, eluding or
attempting to elude a peace officer or Model Traffic Code Sec. 1409, compulsory
insurance shall be subject to imprisonment not to exceed 364 days or both such fine and
imprisonment.
D. Each such person shall be guilty of a separate offense for each and every day
during any portion of which any violation of any provision of the ordinances of Firestone,
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Colorado, is conunitted, continued or permitted by any such person, and he or she shall
be punished accordingly.
Section 4. All other ordinances or portions thereof inconsistent or conflicting with
this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or
conflict.
D, APPROVED, AND ORDERED PUBLISHED IN
2.
TOWN OF FIRESTONE, COLORADO
Drew n Peterson, Mayor
aY�
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