Sec. 15-1-1    Adoption
Sec. 15-1-2    Additions or modifications
Sec. 15-1-3    Traffic control schedules
Sec. 15-1-4    Applicability
Sec. 15-1-5    Violation; penalty

(a)    Pursuant to Title 31, Article 16, Parts 1 and 2, C.R.S., as amended, there is adopted by reference the 1995 Edition of the "Model Traffic Code For Colorado Municipalities," promulgated and published as such by the Colorado Department of Transportation, Staff Traffic and Safety Projects Branch, 4201 E. Arkansas Avenue, Denver, Colorado 80222.
(b)    The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the Town.  The purpose of this Chapter and the code adopted in this Chapter is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the State and the nation.
(c)    Three (3) copies of the Model Traffic Code adopted in this Section are now filed in the office of the Town Clerk and may be inspected during regular business hours.
(d)    The 1995 Edition of the Model Traffic Code is adopted as if set out at length.  (Ord. 341 §1, 1977; Ord. 460 §1, 1996)

(1)    Section 1203 shall be added to read as follows:

"(a)  Angle-Parking is approved for all cul-de-sacs within the Town limits but angle-parking shall only be permitted within the curved portion of such cul-de-sacs."

(2)    Section 1415 shall be added to read as follows:

"Section 1415.  Driving while license denied, suspended, or revoked.
"1.  It shall be unlawful for any person to drive a motor vehicle or off-highway vehicle upon any street or roadway in this Town with knowledge that such person's license or privilege to drive, either as a resident or a nonresident, is under restraint for any reason.
"2.  For the purposes of this Section, the following definitions shall apply:

"(a)  '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 or knowledge of the duration of restraint.
"(b)  '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 any combination of denials, revocations, or suspensions.

"3.  In any trial for a violation of this Section, a duly authenticated copy of the Defendant's former convictions and judgments and alcohol-related driving offenses pursuant to C.R.S. 42-4-1301(1) or (2) from any court of record or certified copy of the record of any denial or revocations of a Defendant's driving privilege under C.R.S 42-2-126(2)(a) from the State of Colorado Department of Motor Vehicles shall be prima facie evidence of such convictions, judgment, denial, or revocations and may be used in evidence against such Defendant.
"4.  In any prosecution for a violation of this Section, the fact of the restraint may be established by certification that a notice was mailed by First Class mail pursuant to C.R.S. 42-2-110(2), to the last known address of the Defendant, or by delivery of such notice to the last known address of the Defendant, or personal service of such notice upon the Defendant."

(3)    Section 1415(6) shall be added to read as follows:

"Section 1415(6).  Automatic Point Reduction.  If a person receives a penalty assessment notice for a violation 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 will be reduced as follows:
"(a)  For a violation having an assessment of three (3) or more points, the points are reduced by two (2) points.
"(b)  For a violation having an assessment of two (2) points, the points are reduced by one (1) point."

(4)    Section 1416 shall be added to read as follows:

"Section 1416.  Permitting unauthorized person to drive.
"1.  No person shall authorize or knowingly permit a motor vehicle owned by such person or under such person's hire or control to be driven upon any street or highway within the Town by any person who has not been issued a current valid driver's, minor driver's or provisional driver's license or an instruction permit or shall cause or knowingly permit such a person to drive a motor vehicle upon any street or highway in violation of the conditions or restrictions contained in a license or permit which has been issued to such other person."

(5)    Section 1417 shall be added to read as follows:

"Section 1417.  Expired license plates/registration/temporary permit.
"1.  Pursuant to State law (C.R.S. 42-3-124), every vehicle registration issued by the State of Colorado shall expire on the last day of the month at the end of each twelve-month registration period and shall be renewed, upon application by the owner, by the payment of the fees required by law, not later than thirty days after the date of expiration.  No license plates other than those of the registration period to which they pertain shall be displayed on a motor vehicle operating on any street or highway within the Town.
"2.  No person shall lend to or knowingly permit the use by one not entitled thereto any certificate of title, registration card, or registration number plate issued to the person so lending or permitting the use thereof.
"3.  A temporary vehicle registration may not be used on any vehicle after the expiration of the period for which the permit was issued."

(6)    Section 1418 shall be added to read as follows:

"Section 1418.  Driving without a current valid driver's license.
"1.  No person shall drive a motor vehicle upon a street or road in this Municipality unless such person has been issued a currently valid driver's, minor driver's, or provisional driver's license or an instruction permit by the State Department of Motor Vehicles.
"2.  No person shall drive any motor vehicle upon a street or road in this Municipality unless such person has in his immediate possession a current driver's, minor driver's, or provisional driver's license or an instruction permit issued by the State Department of Motor vehicles.
"3.  No person who has been issued a currently valid driver's, minor driver's, or provisional driver's license or instruction permit shall drive a type or general class of motor vehicle upon a street or road in this Municipality for which such person has not been issued the correct type or general class of license or permit.
"4.  No person who has been issued a current driver's, minor driver's, or provisional driver's license or an instruction permit shall operate a motor vehicle upon a street or road in this Municipality without having such license or permit in such person's immediate possession.
"5.  A charge of a violation of subsection (4) 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 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.
"6.  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 outweigh the desirability of avoiding the injury sought to be prevented by this Section; or
"(b)  The applicable conditions for exemption, as set forth in C.R.S. 42-2-102, exist.

"7.  The issue of justification or exemption is an affirmative defense.  As used in this subsection, 'affirmative defense' means that, unless the prosecutor's evidence raises the issue involving the particular defense, the defendant, to raise the issue, shall present some credible evidence on that issue.  If the issue involved in an affirmative defense is raised, then the liability of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the charge."

(7)    Section 1419 shall be added to read as follows:

"Section 1419.  Open alcoholic beverage containers in motor vehicles prohibited.
"1.  Definitions.  As used in this Section, unless the context otherwise requires:

"(a)  'Alcoholic beverage' means a beverage as defined in Section 12-47-103, C.R.S.
"(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:

"(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 his or her seating position, including but not limited to the glove compartment.

"2.  Except as otherwise permitted in Paragraph 3 below, a person while in the passenger area of a motor vehicle that is on a public street in this Town or the right-of-way of a public street in this Town may not knowingly:

"(a)  Drink an alcoholic beverage; or
"(b)  Have in his or her possession an open alcoholic beverage container.

"3.  The provisions of this Subsection 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;
"(b)  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, as defined in Section 42-1-102(57), C.R.S., or a trailer coach, as defined in Section 42-1-102(106)(a), C.R.S.;
"(c)  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 trunk; or
"(d)  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 trunk."
(Ord. 397, 1987; Ord. 408 §1, 1989; Ord. 422 §1, 1992; Ord. 460 §1, 1996; Ord. 463 §1, 1996; Ord. 498 §1, 2002; Ord. 524 §1, 2005)

(1)    It is unlawful for any person to violate any of the provisions stated or adopted in this Chapter.
(2)    Every person convicted of a violation of any provision stated or adopted in this Chapter shall be punished by a fine not exceeding five hundred dollars ($500.00), except the following offenses shall be subject to a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment:

1401.  Reckless Driving.
1402.  Careless Driving.
1415.  Driving While License Denied, Suspended, or Revoked.
(Ord. 460 §1, 1996; Ord. 467 §1, 1997)