10.04.010 Adoption.

Pursuant to the authority vested to local authorities, including counties, by Part 4 of Article 15 of Title 30, and Part 1 of Article 4 of Title 42, C.R.S., as amended, to adopt ordinances to control and regulate the movement and parking of motor vehicles on public property and to adopt by reference all or any part of a model traffic code, 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 Pueblo 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 nation.  Three (3) copies of the Model Traffic Code adopted herein and the Fine Schedule found at Appendix 4-A are now filed in the offices of the Pueblo County Clerk, 215 W. 10th St., Second Floor, Pueblo, Colorado, and may be inspected during regular business hours. (Ord. 2009-21 § 1)

10.04.020 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. (Ord. 2009-21 § 2)

10.04.030 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 (5.5) (a) and (b), as amended.

The provisions of Sections 42-4-1701 and 42-4-1703, C.R.S., and sections 42-4-1708 to 42-4-1718, C.R.S., as amended, shall apply to this Ordinance and interpretation thereof. (Ord. 2009-21 § 3)

10.04.040 Penalty Assessment Procedure and Penalty Schedule.

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)  Any person who violates any of the provisions adopted in this Ordinance commits a traffic infraction, pursuant to section 30-15-402(1), C.R.S., as amended.  The penalty assessment procedure provided in section 16-2-201, C.R.S. shall be followed by the arresting officer for any such violation of this Ordinance.

(c)  Every person convicted of a violation of any provision adopted in this Ordinance shall be punished by a fine of not less than fifteen ($15) dollars or more than one thousand ($1000) dollars for each separate violation. 

(d)  The County hereby elects to have the provisions of section 42-2-127 (5.5)(a) and (b), C.R.S., apply to violations of this Ordinance.  If a violator receives a penalty assessment notice for a violation of this Ordinance, and such person pays the fine and surcharge for the violations on or before the date the payment is due, the points assessed for the violation are reduced as follows:

        (1)               for a violation having an assessment of three or more points, the points are reduced by two points;

         (2)               for a violation having an assessment of two points, the pointsare reduced by one point.

(e)  For its schedule of fines and penalties, Pueblo County incorporates by this reference, the schedule of fines and penalties set forth in section 42-4-1701, C.R.S. (as that section may be amended), as those fines and penalties correspond to the sections of the Model Traffic Code adopted by this Ordinance, for all cases wherein the alleged violator acknowledges guilt or liability, is found guilty by a court of competent jurisdiction, or has judgment entered against him/her.  If the penalty assessment procedure is not used, and the alleged offender is found guilty, court costs may be assessed in addition to the fine and penalties set forth in section 42-4-1701, C.R.S., and surcharges.  The Fine Schedule is set forth in full in Appendix 4-A to this Ordinance.

(f)  Surcharges:  In addition to the fines and penalties prescribed in this Ordinance, any person convicted of a violation of this Ordinance shall be subject to the statutory surcharge of ten dollars ($10.00) for the Victims and Witnesses Assistance and Law Enforcement Fund, and persons convicted of operating a vehicle in excess of the speed limit, are subject to a surcharge of ten dollars ($10.00) for the Colorado Traumatic Brain Injury Trust Fund.  These surcharges shall be paid to the clerk of the court by each person convicted of violating this Ordinance.  The clerk shall transmit the moneys to the respective funds in accordance with section 30-15-402 (2) and (3), C.R.S.

(g)  Unless otherwise provided by law, all fines and penalties, and the surcharge thereon, for the violation of this Ordinance shall be paid into the treasury of Pueblo County. (Ord. 2009-21 § 4)

10.04.050 Application.

This Ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public place or public parking area, within the unincorporated area of Pueblo County, the use of which the County has jurisdiction and authority to regulate and the incorporated town limits of the Towns of Boone and Rye pursuant to resolutions duly adopted by the respective town councils. (Ord. 2009-21 § 5)

10.04.060 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. (Ord. 2009-21 § 6)

10.04.070 Repeal.

Existing or parts of ordinances, including but not limited to Pueblo County Ordinance 10, codified at County Code Title 10 Vehicles and Traffic, Ordinance 2004-2, Resolution 98-95 (part), 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. (Ord. 2009-21 § 7)

10.04.080 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 the provisions of any article or section thereof. (Ord. 2009-21 § 8)

10.04.090 Certification.

The Pueblo 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. (Ord. 2009-21 § 9)

10.04.100 Effective Date.

This Ordinance shall be effective thirty days after publication after adoption on second reading. (Ord. 2009-21 § 10)