ORDINANCE NO. 2004-1

TITLE:  AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE COUNTY OF BOULDER, COLORADO; ADOPTING BY REFERENCE THE 2003 EDITION OF THE “MODEL TRAFFIC CODE” REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF.

 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BOULDER, COLORADO:

Section 1.  Adoption.

Pursuant to parts 1 and 2 of article 16 of title 31 and part 4 of article 15 of title 30, C.R.S., as amended, there is hereby adopted by reference Articles I and II, inclusive, of the 2003 edition of the “Model Traffic Code” promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP 700., Denver, CO 80222.  The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the County.  The purpose of this Ordinance 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 (3) copies of the Model Traffic Code adopted herein are now filed in the office of the Clerk and Recorder for the County of Boulder, Colorado, and may be inspected during regular business hours.

Section 2.  Deletions.  The 2003 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 County and are therefore expressly deleted:

Misdemeanor traffic offenses contained in the Model Traffic Code are not included in this Ordinance.

Section 3.  Additions or Modifications.  The said adopted Code is subject to the following additions or modifications:

The provisions of C.R.S. §42-2-127(5.5), as amended, are applicable to penalty assessment notices issued by the County.  If a traffic offense is reduced, the points assessed for such reduced offense shall conform to the point assessment schedule under C.R.S. §42-2-127(5), as amended.

Section 4.  Penalties.  The following penalties, herewith set forth in full, shall apply to this ordinance:

(a)  It is unlawful for any person to violate any of the provisions adopted in this ordinance.

(b)  Every person convicted of a violation of any provision adopted in this ordinance shall be punished by a fine not exceeding  one thousand dollars ($ 1,000.00) for each separate violation.

In the case of County traffic ordinance violations, the provisions of Section 42-2-1701 and 42-2-1703, C.R.S., as amended, shall apply; except that the fine or penalty for a violation charged and the surcharge thereon shall be paid into the treasury of Boulder County.  The penalty assessment procedure may be followed by the arresting officer for any such violation of this ordinance.Section 5.  Application.  This ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public way or public place or public parking area, within the unincorporated territory of Boulder County, the use of which the County has jurisdiction and authority to regulate.

Section 6.  Validity.  If any part or parts of this ordinance are for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this ordinance.  The Board of County Commissioners hereby declares that it would have passed this ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid.

Section 7.  Repeal.  Existing or parts of ordinance 99-1, “The Boulder County Traffic Code”, covering the same matters as embraced in this ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance.

Section 8.   Interpretation.  This ordinance 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 ordinance and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of any article or section thereof.

Section 9.  Certification.  The County Clerk shall certify to the passage of this ordinance and make not less than three copies of the adopted Code available for inspection by the public during regular business hours.

Section 10.  Effective Date.  This Ordinance shall be effective thirty days after publication after adoption on second reading.

INTRODUCED, READ AND ADOPTED ON FIRST READING on February 10, 2004, and ordered published in the LONGMONT DAILY TIMES-CALL.

THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BOULDER, COLORADO; Paul D. Danish, Chair.

By:___________________________ 
Paul D. Danish, Chair

ATTEST:

_________________________
Clerk to the Board

ADOPTED ON SECOND AND FINAL READING on March 9, 2004.

THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BOULDER, COLORADO; Paul D. Danish, Chair.

By:_____________________________
Paul D. Danish, Chair

 ATTEST:

 _________________________
Clerk to the Board

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