ORDINANCE NO. ___-2024
AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE BOARD OF COUNTY COMMISSIONERS OF ARCHULETA, COUNTY, COLORADO ADOPTING BY REFERENCE THE 2024 EDITION OF THE “MODEL TRAFFIC CODE”, REPEALING ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ARCHULETA COUNTY, 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, there is hereby adopted by reference the 2024 edition of the “Model Traffic Code” promulgated and published as such by the Colorado Department of Transportation, Traffic Safety and Engineering Services, 2829 W Howard Place, Denver, CO 80204. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for Archuleta 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 Archuleta County Clerk and Recorder and may be inspected during regular business hours.
Section 2 - Deletions. The 2024 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 Archuleta County and are therefore expressly deleted:
1. Sections 106(4.5)(b)(I) and (II), 613, 706, 707, 708, 1012 and 1814 are deleted in their entirety.
Section 3 - Additions or Modifications. The said adopted Code is subject to the following additions or modifications:
1. In addition to the terms specified in Section 1204, it shall be unlawful for any Person to operate, Stand, Park, or Stop a Vehicle in any manner on any County Road or at any place in the unincorporated area of Archuleta County, where such movement or Parking of Vehicles has been restricted or prohibited, except when necessary to avoid conflict with other traffic, or in compliance with the directions of a Police Officer or Traffic Control Device. Parking prohibitions specified in this Ordinance are in addition to the restrictions specified in C.R.S. § 42-4-1204, and as otherwise specified by law. Temporary daytime parking will be allowed for the purpose of celebrations, parades, and special events. A Special Event Permit must be obtained from the Archuleta County Sheriff’s office at no cost in order to park on any County Road overnight.
2. All references to “police” or “peace” officer shall mean the Archuleta County Sheriff, undersheriff, and all related deputy sheriffs.
3. All references to “highway”, “road”, “roadway” or “street” shall have the same meaning as “County Road” as defined.
4. Section 109(9) is modified to include skateboards.
5. Section 110(2) is modified to add the following clause: “Archuleta County or the 6th Judicial District Court, whichever is most appropriate, shall have jurisdiction over violations of traffic regulations enacted or adopted by Archuleta County.”
6. Section 210 is modified to add the following clause: “Except as required in emergency situations, the following shall apply:”
7. Section 1101(2) is modified to add “(i) All County Roads shall have a maximum speed of Twenty-five miles per hour unless posted otherwise.”
8. Section 1202(1) is modified to be “roadway” instead of “highway.”
9. Section 1204(1) is modified to add the term “hot-air balloon.”
10. Section 1204(2) is modified to add the term “hot-air balloon.”
11. Section 1204(3) is modified to add the term “hot-air balloon.”
12. Section 1204(6) is modified to add the term “hot-air balloon.”
13. Part 16 is modified from “Accidents and Accident Reports (Omitted) to read “Off-Highway Vehicles”.
14. Part 16 is modified to add “Section 1601. Off-highway vehicle operation prohibited on streets, roads, and highways.”
15. Section 1601 is modified to add subsection (1) as follows:
(1) It is unlawful to operate an off-highway vehicle on the public streets, roads, or highways of Archuleta County regardless of the state or other jurisdiction in which the off-highway vehicle is registered or titled, except in the following cases:
(a) When a street, road, or highway is designated open by the state or any agency of the state;
(b) When crossing streets or when crossing roads, highways, or railroad tracks in accordance with section 33-14.5-108.5, C.R.S.;
(c) When traversing a bridge or culvert;
(d) During special off-highway vehicle events lawfully conducted pursuant to the authority granted by Archuleta County or to its local political subdivisions in this article;
(e) During emergency conditions declared by the proper state or local authority;
(f) When local political subdivisions have authorized by ordinance or resolution the establishment of off-highway vehicle routes to permit the operation of off-highway vehicles on city streets or county roads, but no street or road that is part of the state highway system may be so designated;
(g) When using an off-highway vehicle for agricultural purposes;
(h) When authorized under subsection (3) of 33-14.5-108, C.R.S.; and
(i) When a public utility, as defined in section 40-1-103 (1), C.R.S., or a cooperative electric association, as defined in section 40-9.5-102, C.R.S., or any agent thereof designated specifically for the purpose of meter reading or repair, is using an off-highway vehicle for business purposes.
16. Section 1601 is modified to add subsection (2) as follows:
(2) Any person who violates subsection (1) of this Part commits a civil infraction and, upon conviction, shall be punished by a fine of fifty dollars. Any person who violates subsection (1) of this section by operating an off-highway vehicle upon a state highway commits a civil infraction and upon conviction, shall be punished by a fine of one hundred dollars. This does not apply to a peace officer, other first responders, United States Forest Service employees, Colorado Parks and Wildlife employees, Bureau of Land Management or other government officials in the performance of his or her official duties or a person acting at the direction of a peace officer.
17. Section 1701 is modified to add the following:
(O.5) Off-highway Vehicle violations:
Section Violated Penalty Surcharge
Sec. 1601(1) $50.00 $6.00
Sec. 1601(1) – on a state highway $100.00 $15.00
18. The Appendix Definitions section is amended to add definitions for “County Road(s),” “Off-highway vehicle,” “Traffic Control Devices” and “Hot-Air Balloon.”
19. The Appendix Definition of “Police Officer” is amended to add the following clause: “and includes but is not limited to the Sheriff, Undersheriff and every deputy sheriff of the Archuleta County Sheriff’s Office”.
Section 4 - Penalties. The following penalties, herewith set forth in full, shall apply to this ordinance:
1. It is unlawful for any person to violate any of the provisions adopted in this ordinance.
2. Every person convicted of a violation of any provision adopted in this ordinance shall be punished by at least the minimum fine and up to the maximum fine and/or imprisonment as set forth in Section 1701.
3. All Class A and Class B traffic infractions shall be issued a Penalty Assessment. All Class 1 and Class 2 Misdemeanor Traffic Violations shall be issued a summons.
Section 5 - 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, located in unincorporated Archuleta County, the use of which this County has jurisdiction and authority to regulate. The provisions of sections 1401, 1402, and 1413 of the adopted Model Traffic Code, respectively concerning reckless driving, careless driving, and eluding a police officer shall apply not only to public places and ways but also throughout this County.
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 ordinances 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 (specifically Ordinance 1-1989 and 21-2019) 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. This Section 7 does not apply to Ordinance 17-2016 regarding weight limits on Cascade Avenue, which Ordinance shall remain in full force and effect.
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 the provisions of any article or section thereof.
Section 9 - Certification. The County Clerk shall certify 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.
INTRODUCED, READ, AND ORDERED PUBLISHED BY THE BOARD OF COUNTY COMMISSIONERS OF ARCHULETA COUNTY, STATE OF COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED AT ITS REGULAR MEETING HELD ON THE 12TH DAY OF NOVEMBER 2024.
BOARD OF COUNTY COMMISSIONERS OF ARCHULETA COUNTY, STATE OF COLORADO
By: /s/ Veronica Medina
Veronica Medina, Chair
I hereby certify that the above Ordinance was introduced to the Board of County Commissioners of Archuleta County, State of Colorado, at its meeting of November 12, 2024, and ordered to be published one time in full in The Pagosa Sun newspaper and on the County website.
ATTEST:
By: /s/ Kristy Archuleta
Kristy Archuleta
Published November 21, 2024 The Pagosa Springs SUN. (251299)
