HomeMy WebLinkAbout20051032.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2005-3 was introduced on
first reading on January 19,2005,and a public hearing and second reading was held on February 7,
2005. A public hearing and final reading was completed on February 28,2005,with no change being
made to the text of said Ordinance, and on motion duly made and seconded, was adopted.
Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners,located in the Weld County Centennial Center,915 10th Street,Third Floor,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday,or may be
accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail
correspondence into the case file, please send a copy to charding@co.weld.co.us.
ORDINANCE NO. 2005-3
ORDINANCE TITLE: IN THE MATTER OF THE ADDITION OF CHAPTER 6, ARTICLE I,
ADOPTION OF MODEL TRAFFIC CODE, TO THE WELD COUNTY CODE
EFFECTIVE DATE: March 7, 2005
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: February 25, 2005
PUBLISHED: March 2, 2005, in the Fort Lupton Press
2005-1032
Affidavit of Publication NOTICE#2005-3
WC CLERK TO THE BAORD
STATE OF COLORADO
County of Adams SS.
I Karen Lambert of said County of Adams being duly sworn.say
that am publisher of
Fort Lupton Press
that the same is a weekly newspaper of general circulation was
primed and published in the town of
Fort Lupton
in said county and state that the notice of advertisement.of which
the annexed is a true copy has been published in said weekly
newspaper for consecutive weeks: that the notice was
published in the regular and entire issue of every number of said
newspaper during the period and time of publication of said notice
and in the newspaper proper and not in a supplement thereof: that NOTICE OF
the first publication of said notice was contained in the issue of FINAL READING OF ORDINANCE
said newspaper bearng the date of_ary D, Pursuant to the Weld County Hann
and the last publication thereof,in the issue o Rule Chatter.Ordinance Number 2005-3
bearing date, the &J, that the said was Inbodueed nn fist leading on Jan1F
cry,9, 2005,and
a pubon hentg and
Fort Lupton Press second reading was held on Feduery 7,
2005. A toted:headng and 8,2 reeding
with
was change
being
on February 26,2005,with
has been published continuously and uninterruptedly during the no Change made to M text of said
period of at least fifty-two consecutive weeks next prior to the first Ordinance,and on motion duly made and
issu
e thereof containing said nonce or advertisement above referred EIIr.1Ne date of
id and that.said newspaper was at the time of each of the seconded,was adapted.
publications of said notice duly qualified for that purpose within said Ordinance is salad bales
the meaning of an act entitled. "An Act Concerning Legal Notices, My backup melees,eta or intomla-
Advenisements and Publications and the Fees of Printers and
Publishers thereof,and to Repeal all Acts and Pons of Acts in
Conflict with the Provisions of this Act"approved April 7, 1921. Lion previously subrnMled to the Board of
and all amendments thereof,and particularly as amended by an act County Commissioners concerning this
approved.March 30, 1923.and an act approved May 13. 1931. mater may be examined N Me once of the
Clerk to the Board of County C......YMan •
-
Karen Lambert Center.915 in the Wald CountyMoor.
Center.located
,6e SINN ount Gen Gree-
ley.Colorado.between the hours of 8:00
Publisher a.m.end 5:00 p.m.,Monday Vim Friday,or
may be accessed through the Weld Coun-
ty Web Page gthintcomeld.co.us<Mpg
Subscribed and sworn to before me this hrew.ca.weld.co os>)' E-Mail mesag s
3/2/2005 A.D., sent to en individual Commissioner may
not be included in the case file. To an
�M? / inclusion your E-Mal oomeapandree
iNo the case Ile,please sad a copy In
clatyng@co.aaltl.w.oa.
SORDINANCE NO. 2005-3
ORDINANCE IN
Notary Public OFTHE ADDITION OF CHAPTERS,AR.
TICLE I,ADOPTION OF MODEL TRAFFIC
139 NORTH MAIN CODE,TO THE WELD COUNTY CODE
EFFECTIVE DATE:Mach 7,2005
BRIGHTON, CO 80601 BOARD OF COUNTY COMMISSIONERS
^. rv1 WELD COUNTY,COLORADO
��V� F V . 'a DATED:February 25,2005
t, O~F,^•••_•"'+-Si' PUBLISHED:March 2,2005,in the Fort
/f`?.'
` I BOBf JO
`, BOND 7 IDS'
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2005-3 was introduced on
first reading on January 19,2005,and a public hearing and second reading was held on February 7,
2005,with no change being made to the text of said Ordinance. A public hearing and third reading
is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street,
Greeley, Colorado 80631 on February 28,2005. All persons in any manner interested in the next
reading of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970)352-0242, prior to the day of the hearing if,as a result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners,located in the Weld County Centennial Center,915 10th Street,Third Floor,
Greeley, Colorado, between the hours of 8:00 a.m.and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail
correspondence into the case file, please send a copy to charding@co.weld.co.us.
ORDINANCE NO. 2005-3
ORDINANCE TITLE: IN THE MATTER OF THE ADDITION OF CHAPTER 6, ARTICLE I,
ADOPTION OF MODEL TRAFFIC CODE, TO THE WELD COUNTY CODE
DATE OF NEXT READING: February 28, 2005, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: February 11, 2005
PUBLISHED: February 16, 2005, in the Fort Lupton Press
Affidavit of Publication WC ORD#053
WC CLERK TO THE BOARD
STATE OF COLORADO
County of Adams SS.
/n.- I Karen Lambert of said County of Adams being duly spurn.sa,
Mat I am publisher of
Fort Lupton Press
that the+Imm is a Nwseldy nexspaper el:enrol circulation ws
primed wtd published in the limn of
Fort Lupton
said c lets and stale that the notice of adscnlsement.of xhich
the annesed is a true cops has been published in said xeebly
newspaper fur_7_winsecutise xa#s: that the notice.as
published in the and entire is olesm namtx-r of said NOTICE Of SECOND IMAMS)OF
xsp,pei de ,:the period and time of poMlcutinn of said noORDINANCE
tice
and In then xslnpr peeper and n supplement thereof: that
the first publication of said mxice not
smmntained in the issue of
Ptnuent to the Weld County
n sspaper hearing the date f�nF0620 A D. NOM Rule Charts,Ordinance Number
,red the lace!It ll wnou thereoL in IM 1,11Cnl swd ncxspape 2005-3 was introduced a first tsadhp on
hearing dine the ^J16L1D06 that me saidJanuar 19,2005,aM hewing end
second reading February 7,
2005,with nadegs being muletothe teed
Fort Lupton Press of said Ordkience. A public hewing and
third loedhig Is scheduledto be held In the
has been published mntiwousl, and uninterruptedly during the Chambers Mere Board,FYafloer Nearing
period of at mart fifty-use cunscanne,seek,nest prior to We first Reds,91510th Street,005 Aji,Colorado
pato thereof enntainl ne said notice or aisenIIe acnt ubo,e referred 80831 on February 28,2005.All persons in
t :ad pm at We time feach or the any TOMS interested In the next reading
he once publications of said 110I11,2 duly quail need for that purpose xithin a said Ordinance re requested b k
the meaning of an act entitled. "An Act('oncoming Legal Notices. and may be herd.
AWsonlsentents and Pub,, eions and the Fees of Printers and Please mild the Clerk to
Publishers thereof.and to Repeal all Acts and Purrs of Acts In
a nnla xuh the in then ens of this Act"approved April I. 19_I- the Boards Office at phone (970) 338-
and all a endment,thane.and particularly as vended by n as 7215,Extension a fa
x e(970)352-
a a pprosed. March 30. 1423.and an as approved May U. 1931. 0242,snorbt the edayofte hewing 8.as a
tow8 of a dtssaty,you require reasonable
Karen Lambert �' "d""�''h p°"dpate 10
this acconanode.
Anybacltup nWen exhibits
or Irdormation previously ts
Publisher BoardciCountyCommIsslonersconcerning
this netts maybe examined In the office of
the Clerk to the Board of County
Subscribed and sworn to before me this Commissioners.loatedlnteWeld County
/.1fi120R5 A.D.. Cer nnls Cents,915 10th Street,Thad
Fbor,Greeley,Colorado,between.e hods
of 8:00 a.m.and 5:00 p.m.,Monday flu
Friday,or may be accessed through the
oecci( Weld County Web Page
(Jj(JC C/l/BXI///ti seetoankild.co.a). E-Mmush messages
odeto anandvldust Comm eknermay not
be inducted in the case 18x. To ensure
Nolan Public inclusion of year E Mel correspondence
into the rase Rs,plsaee send a spy h
chardngeco.weld.a.s.
139 NORTH MAIN
ORDINANCE NO. 2005-3
B RIG HTON, CO 80601 ORDINANCE TITLE:MINE MATTER OF
THE ADOITION OF CHAPTER.,ARTICLE
(,ADOPTION OFMOO@TRMFRCOOE,
TO THE WELD COUIRY COOL
4��. t";Y DATE OF NEAT REAOMD:February 28,
•' / 2005,at 9:00 a.m.
l/° BOARD OF COUNTY COMPONSIONERS
(1 8081 JO ; WELD COUNTY,COLORADO
sDATED:February 11,2005
n'. BOND PUBLISHED: February 16,2005,in the
1 Fon Lupton Press
ssion bxr; �s
* * * * * * * * * * *
NOTICE
PURSUANT to the Weld County Home Rule Charter,Ordinance Number 2005-03 published above,
was introduced and, on motion duly made and seconded, approved upon first reading on
January 19, 2005. A public hearing and second reading is scheduled to be held in the Chambers
of the Board, First Floor Hearing Room,915 10th Street,Greeley, Colorado 80631,on February 7,
2005. All persons in any manner interested in the reading of said Ordinance are requested to attend
and may be heard.
Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax
(970)352-0242, prior to the day of the hearing if,as the result of a disability,you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners,located in the Weld County Centennial Center,Third Floor,91510th Street,
Greeley, Colorado, between the hours of 8:00 a.m.and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail
correspondence into the case file, please send a copy to charding@co.weld.co.us.
SECOND READING: February 7, 2005, at 9:00 a.m.
THIRD READING: February 28, 2005, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: January 21, 2005
PUBLISHED: January 26, 2005, in the Fort Lupton Press
WELD COUNTY
CODE ORDINANCE 2005-3
IN THE MATTER OF THE ADDITION OF CHAPTER 6, ARTICLE I, ADOPTION OF MODEL
TRAFFIC CODE, TO THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS,the Board of County Commissioners, on December 28, 2000, adopted Weld County
Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the
codification of all previously adopted ordinances of a general and permanent nature enacted on or
before said date of adoption, and
WHEREAS, the Weld County Code is in need of an addition.
NOW,THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of
Weld,State of Colorado,that Chapter 6, Law Enforcement,specifically,Article I,Adoption of Model
Traffic Code, be, and hereby is, added to the Weld County Code, to read as follows.
CHAPTER 6
Law Enforcement
ARTICLE I
Adoption of Model Traffic Code
Div. 1. General Provisions
Sec. 6-1-10. Adoption of"Model Traffic Code for Colorado Municipalities," 2003 Revised
Edition.
Pursuant to Part 4 of Article 15 of Title 30, and Part 1 of Article 4 of Title 42, C.R.S., as amended,
there is hereby adopted by reference Articles I and II, inclusive,of the 2003 Revised Edition of the
"Model Traffic Code for Colorado Municipalities"(hereinafter referred to as the"Model Traffic Code"),
promulgated and published as such by the Colorado Department of Transportation,Staff Traffic and
Safety Projects Branch, 4201 East Arkansas Ave., Denver, Colorado 80222. The subject matter
of the Model Traffic Code relates primarily to comprehensive traffic control regulations for Weld
County. The Fine Schedule found at Appendix 6-1 to this Chapter shall be valid and enforceable for
all corresponding offenses adopted in this Article. Offenses which lack a corresponding fine in the
Fine Schedule shall have a fine as established in the Colorado Revised Statutes, which is
incorporated herein by reference. The purpose of this Article and the Model Traffic Code adopted
herein is to provide a system of traffic regulations in Weld County which are consistent with those
found elsewhere in Colorado and the United States. Three (3) copies of the Model Traffic Code
adopted herein and the Fine Schedule are now filed in the office of the Weld County Clerk to the
Board, 915 10th Street, Greeley, Colorado, and may be inspected during regular business hours.
Sec. 6-1-20. Deletions.
Deletions to the Model Traffic Code, as adopted for Weld County, Colorado, are the following
Sections and Parts found therein:Sections 101, 102, 104, 111, 113,804, 1203, 1410, 1701, 1706,
and as otherwise stated in this Article, and Parts 3, 4, 13, 16, and 18.
Sec. 6-1-30. Additions or Modifications.
Additions or modifications to the Model Traffic Code are as stated in this Article.
Sec. 6-1-40. Procedures and Penalties.
Sections 1709 and 1710 of the Model Traffic Code are modified, as follows:
A. The"prescribed"or"appropriate"penalty and surcharge,as referred to in Sections 1709 and
1710 of the Model Traffic Code,shall be those shown for the offense on the Fine Schedule
in Appendix 6-1,and said offense shall be referred to as a"Weld County Traffic Infraction,"
being either"Class A" or "Class B," accordingly, as shown in said Appendix 6-1.
B. Whenever an officer comes upon an unattended vehicle which is parked in apparent
violation of the Model Traffic Code, the officer may place upon the vehicle a penalty
assessment notice as specified in Section 1709 of the Model Traffic Code;except that said
notice shall contain the license plate number and state of registration of the vehicle and need
not contain the identification of the alleged offender. When a penalty assessment notice is
left on an unattended vehicle,it shall be presumed that the registered owner of such vehicle
was the driver/offender.
C. For all offenses where the offender receives a summons for an offense not on the Fine
Schedule, or where the penalty and surcharge are not shown, the penalty and surcharge
shall be as provided in C.R.S. § 30-15-402, as follows:
1. Any person who violates any of the provisions of this Article commits a Class 2 Petty
Offense and, upon conviction thereof, shall be punished by a fine of not more than
$1,000.00 for each separate violation,plus applicable surcharges,court costs,and
docket fees.
D. In addition to the penalty shown on the Fine Schedule in Appendix 6-1, or as prescribed in
Section 6-1-40.C.1., above, persons convicted of a violation of this Article are subject to
surcharges. Such surcharges shall be paid by the defendant to the Clerk of the Weld
County Court. The Clerk shall transmit such surcharges to the Court Administrator of the
19th Judicial District for credit to its Victims and Witnesses Assistance and Law
Enforcement Fund, established pursuant to C.R.S. §24-4.2-103; for the Traumatic Brain
Injury Fund,established pursuant to C.R.S.§30-15-402(2)(b)and§42-4-1701(4)(e)(I);and
for the Family Friendly Court Fund,established pursuant to C.R.S.§13-3-113(6)(a)and 42-
4-1701(4)(a). The payment of the penalty, surcharge and docket fee shall be due upon a
date set by the Weld County Court Magistrate or Weld County Court Judge acting as a
magistrate. A grace period of five (5)working days thereafter shall apply. Weld County
Court collections personnel is authorized to charge the following penalties (hereinafter
collectively referred to as"Late Charges"),when applicable,for collections made thereafter:
$25.00 Time Payment Fee,$10.00 Late Payment Fee,and$30.00 Outstanding Judgment-
Warrant Fee. Collections personnel are authorized to process uncollectible fines,
surcharges,docket fees and Late Charges in the same manner and process used for other
traffic infraction and/or County Court cases.
E. All offenses for which a penalty assessment ticket is issued are called,"Weld County Traffic
Infractions." If not otherwise clarified,all references in the Model Traffic Code to municipal
court shall mean the Weld County Court, and all references to a municipal judge or
magistrate shall mean a Weld County Court Judge or Weld County Court Magistrate.
F. Every hearing in Weld County Court for the adjudication of a Weld County Traffic Infraction,
as provided by this Article,shall be held before a Weld County Court Magistrate appointed
pursuant to Part 5 of Article 6 of Title 13, C.R.S., or before a Weld County Court Judge
acting as a magistrate and the Colorado Rules of Traffic Infractions shall apply;except that,
whenever a crime and a Class A and/or Class B Traffic Infraction are charged in the same
summons and complaint,all charges shall be made returnable before a judge or magistrate
having jurisdiction over the crime and the Colorado Rules of Criminal Procedure shall apply.
Nothing in this Article or in Part 5 or Article 6 of Title 13,C.R.S.,shall be construed to prevent
a court having jurisdiction over a criminal charge relating to traffic law violations from lawfully
entering a judgement on a case dealing with a Class A or Class B Traffic Infraction. The
docket fee described in C.R.S. §42-4-1710(4)shall be assessed,when appropriate. The
Weld County Court Magistrate or Weld County Court Judge acting as a magistrate has the
authority to accept the Standard Plea Offers for Traffic Infractions set forth in Appendix 6-2.
G. When a court of competent jurisdiction determines that a person charged with a Class 1 or
a Class 2 Misdemeanor Traffic Offense is guilty of a lesser-included offense which is a
Class A or Class B Traffic Infraction, the court may enter a judgement as to such lesser
charge.
H. The Weld County Attorney may, in the his discretion, enter Traffic Infraction cases for the
purpose of attempting a negotiated plea ora stipulation to a deferred prosecution or deferred
judgement and sentence, but shall not be required to so enter by any person,court, or law,
nor shall the County Attorney represent the People of the State of Colorado and/or the
County of Weld at hearings conducted by a Weld County Court Magistrate or a Weld County
Court Judge acting as a magistrate on Class A or Class B Traffic Infraction matters. The
Weld County Court Magistrate or a Weld County Court Judge acting as a magistrate shall
be permitted to call and question any witness and shall also act as the fact finder at hearings
on Traffic Infraction matters.
Time Limitations:
1. Except as otherwise in Subsection 6-1-40. H. 2., below, no person against whom a
judgement has been entered for a Traffic Infraction shall collaterally attack the validity
of that judgement unless such attack is commenced within 6 months after the date
of entry of judgement.
2. In recognition of the difficulties attending the litigation of stale claims and the potential
for frustrating various statutory provisions directed at repeat offenders, former
offenders,and habitual offenders,the only exceptions to the time limitations specified
in Subsection 6-1-40. H. 1., above, shall be:
a. A case in which the court entering judgement did not have jurisdiction over
the subject matter of the alleged Traffic Infraction;
b. A case in which the court entering judgement did not have jurisdiction over
the person of the violator;
c. Where the court hearing the collateral attack finds by a preponderance of the
evidence that the failure to seek relief within the applicable time period was
caused by an adjudication of incompetence,or by commitment of the violator
to an institution for treatment as a mentally ill person; or
d. Where the court hearing the collateral attack finds that the failure to seek
relief within the applicable time period was the result of circumstances
amounting to justifiable excuse or excusable neglect.
J. Trials shall not be before a jury.
Sec. 6-1-50. Application.
This Article shall apply to every street,alley,sidewalk area,driveway,park,and to every other public
way,place or parking area,within the boundaries of Weld County. The provisions of Sections 1401,
1402,and 1413 of the Model Traffic Code,respectively,governing reckless driving,careless driving,
and eluding a police officer shall apply not only to public places and ways,but also throughout Weld
County.
Sec. 6-1-60. Applicability.
If any part or parts of this Article are,for any reason,held to be invalid,such decision shall not affect
the validity of the remaining portions of this Article. The Board of County Commissioners of the
County of Weld hereby declares that it would have passed this Article and each part or parts thereof,
irrespective of the fact that any one part or parts be declared invalid.
Sec. 6-1-70. Interpretation.
This Article shall be so interpreted and construed as to effectuate is general purpose to conform
with the State's uniform system for the regulation of vehicles and traffic. Article and section
headings of the Weld County Code and the 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.
Addition of Appendix 6-1, Model Traffic Code Fine Schedule, List of Abbreviations (ATTACHED)
Addition of Appendix 6-2 Standard Plea Offers for Traffic Infractions (ATTACHED)
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed
to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub-
sections as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization,grammar,and numbering or placement of chapters,articles,divisions,sections,and
sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph,sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
Affidavit of Publication ORD#05-3(1ST READING)
WC CLERK TO THE BOARD
STATE OF COLORADO
County of Adams SS. WELD COUNTY
CODE ORDINANCE 2005-3
/--I Karen Lamhen of suid County of Adams being duly sworn.say
hat I ate publisher of IN THEMATTER OF THEADDmONOF CHAPTER 6,ARTICLE I,ADOPTIONOF MODEL
Fort Lupton Press TRAFFIC CODE,TO THE WELD COUNTY CODE
that the same is a weekly newspaper ut general circulation was BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
printed and published in the town of OF WELD,STATE OF COLORADO:
Fort Lupton WHEREAS,the Board of County Commissioners of the County of Wee.State of Colorado.
in aidcounty and slam that the notice of udvenismnent,of winch pursuant to Colorado statute and the Weld County Home Rule Charter,Is vested with the
the annexed is a true copy has been published in said weekly authority of administering be affairs of Weld County.Colorado,and
newspaper for consecutive weeks: that the notice was
published in the regular and entire issue of every number of said WHEREAS,the Board of County Commissioners,on December 28,2000,adopted Weld
newspaper during the period and tine of publication of said notice County Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld,
and in the newspaper proper and not in a.supplement thereof. that inducting the codification of all previously adopted ordinances of a general and permanent
the first publication of said notice was contained in the issue of nature enacted on or before said date of adoption,and
said newspaper bearing the date of A.D. WHEREAS,the Weld County Code is in need of an addeon.
and the last puhllcauon thereof,in the issue aT said newspaper,
bearing date the 112ad^o that the said NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of the
County of Weld,State of Colorado,that Chapter 6,Law Enforcement,specifically.Article I,
Fort Lupton Press Adoption of Model Traffic Code,be,and hereby Is,added to the Weld County Code,to read
as follows,
has been published continuously and uninterruptedly during the
period of at least fitly-two consecutive weeks next prior to the first CHAPTER 6
tssue thereof containing said notice or advenisement above referred
to: and that said newspaper was at the time of each of the Law Enforcement
publications of said notice duly qualified for that purpose within
the meaning of an act entitled. "An Act Concerning Legal Notice., ARTICLE I
Advertisements and Publications and the Fees of Printers and Adoption of Model Traffic Code
Publishers thereof,and to Repeal all Acts and Pans of Acts in
Conflict with the Provisions of Ibis Act'approved April 7. 1921. Div.1.General Provisions
and all amendments thereof.and particularly as amended by an act
approved.March 30, 1923,and an as approved May 13, 1931.
Sec.6-1-10. Adoption of"Model Traffic Code for Colorado Municipalities;2003 Revised
Edition.
Karen Lambert Pursuant to Pad 4 of Article 15 of Tile 30,and Part 1 of Article 4 of Title 42,C.R.5.,as
amended,there is hereby adopted by reference Articles I and II,inclusive,of the 2003
Publisher Revised Edition of the"Model Traffic Code for Colorado Municipalities"(hereinafter referred
to as the"Model Traffic Code"),promulgated and published as such by the Colorado
Departmentof Transportation.Staff Traffic and Safety ProjedsBmnch,4201 East Arkansas
Subscribed and sworn to before me this Ave.,Denver,Colorado 80222. The subject matter of the Model Traffic Code relates
primarily to comprehensive traffic control regulations for Weld County.The Fine Schedule
.1/2Al2005 A D found at Appendix 6-1 to this Chapter shall be valid end enforceable for all corresponding
offenses tedadopted
ere In Nis Article. Offenses which lack a corresponding and th Model Tr the Fine
,i0ibtLeb 201411 Schedule shall have a fine as established in the Colorado Revised Statutes,in which is
incorporated e herein by reference.The purpose of this ra and the County c Code
adopted herein is to provide aa system of traffic regulations in Weld County which are
of tlsistent with those found elsewhere in Colorado and the United States.Three(3)copies
of the Model Traffic Code adopted herein and the Fine Schedule are now ffied in the office
of the Weld County Clerk to the Boers,915 10th Street,Greeley,Colorado,and may be
Notary Public inspected during regular business hours.
139 NORTH MAIN Sec.6-1-20. Deletions.
Deletonstothe Model TrafficCode,as adoptedforWeld County,Colorado,arethefdbwng
BRIGHTON, CO 80601 Sections and Parts found therein:Sections 101,102,104,111,113.804,1203,1410.1701,
1706,and as otherwise stated in this Article,and Parts 3,4,13,16, and 18.
Sec.6-1-30. Additions or Modifications.
Additions or modscatios to the Model Traffic Code are as stated In this Article.
Sec.6-1-40. Procedures and Penalties.
C:.4
jCSections 1709 and 1710 of the Model Traffic Code ere modified,as follows:
.bA.The'prescribed'or"appropriate'penalty and surcharge,as referred to In Seclbm 1709
and 1710 of the Model Traffic Code,shhall be Grose shown for Ste offense on the Fine0 7Schedule In Appendix 6-1,and said offense shall be referred to as a wee County Traffic
Infraction;being either'Class A'a•Class B;accordingly,as shown in said Appendix 8-1.
B. Whenever an ofcer comes upon an unattended vehicle which is parked in apparent
violation of the Modal Traffic Code,the officer may piece upon the vehiclea penalty assessment notice as specified In Section 1709 of the Model Traffic Code;except that saki notice shall contain the license plate number and stateafregisbation of the vehide and need
not contain the identification of the alleged offender.When a penalty assessment notice is
'ottoman an unattended vehicle,X shall be presumed that the registered owner of such vehicle
was the driver/offender.
C. For all Offenses where the offender receives a summons for an offense not on the Fine
aa nncc. f ( 36I1311 C Schedule,or where the penalty and wcherge are not shown,the penalty and surcharge
1wwP that be as provided in C.R.S.§3015-402,as follows:
' •a(4 -0 Cos r 1..My person who violates any of the provision of W.Miele commits a Class 2 Petty
( I` 1 Offense and,upon
violation,
lusappal.11beparll.hedayauneofnatarareoket feeo0.00
for sects separate violation,plus applicable sladialgs,court coals,and docket bee.
D.In addition to the penalty shown on the Fine SchetleieiSAppwtaix 6-1,ors prescribed
'1 in Section 8-1-40.C.1.,above.persons cowI this
or c violation of Article are subject to
surcharges.Such surcharges shad be peldbyfdalw4_Athaw Clerkoflhe Weld County
Court. The Clerk shall transmit such surar,ss to are Court Administrator of the 19th
Judicial District for aside to Its Victims and Menses Assistance end Law Enforcement C
Fund,established pursuant to C.R.S.5 244.2.189;for h Trsumed°Brain injury Fund.
established pursuant to C.R.S.§30-15402(2)(b)end 5 42-4-1701(4)(eXg;and for the
Fo nay Friendly Court Fund,established pursuant to C.R.B.§133113(6)(a)and 424-
1701(4)a.The payment ofthe penalty,surdings end docket fee shall be due upon a date
setbySWeld County Court Mopb►oleo Weld CountyCourtJudgeacdng as a magi*.ale.
A dace period nifty.(5)wodcfrig days thereafter shell apply.Weld County Court cdbatlore
personnel is authorized to charge the blowing penalties(hereinafter collectively referred
to as Rain Charges'),when applicable,for collections made thereafter.$25.00 Time
Payment Fee,$10.00 Late Payment Fee,and 530.00 Outstanding Judgment-Warrant Fee.
Collections personnel are autho ized to process uncdbctble fines,surcharges,docket fees and sub-sections*.they asTendy Set within rid Code:rtlbresdveanybmnsistencies
and Late Charges in the same manner and process used for other traffic infrec0on and/or regarding capitalization,grammar.and numbering or placement of staplers.articles,
County Court ass. dMsioa,sections,and subsection in said Code.
E. MI offenses for which a penalty assessment ticket is issued are celled,'Weld County BE IT FURTHER ORDAINED byte Bored ifrysecin,sWssdon,paraglwh.sentence.
Traffic Infractions? If not otherwise clarified,all references in the Model Traffic Code to cause.or phrase of this Ordinance is for any bean held or deckled to be unconstitutional.
municipal court shall mean the Weld County Court,and all references to a municipal judge such derision shell not affect the validity of the remaining portions hereof. The Bond of
or magistrate shall mean a Weld County Court Judge or Weld County Court Magistrate. County Commissioners hereby declares that t would have enacted this Ordinance in each
and every section.subsection.paragraph.sentence.clause,end phrase dareof ImepectIve
F. Every hearing in Weld County Court for the adjudication of a Weld County Traffic of the fact that any one or more sections,subsections,peragrephe,sentences,douses,or
Infraction,as provided by this Aide.shell be held before a Weld County Court Magistrate phrases might be declared lobe unconstitutional or Invalid.
appointed pursuant to Part 5 of Article d of Title 13,C.R.S.,or before a Weld County Court
Judge acting as a magistrate and the Colorado Rules of Traffic Infraction shall apply;
except that,whenever a crime and a Class A and/or Class B Traffic Infraction are charged NOTICE
in the same summons cad complaint,all charges shal be made returnable before a judge
or magistrate having jurisdiction over the crime and the Colorado Rules of Criminal PURSUANT WM.Weld CountyHome Rule Charter,Ordinance Number 2005-03 published
Procedure shall apply.Nothing India Artie or In Part 5 or Article 6 ofTlee 13,C.R.S.,shall above,was introduced and,on motion duly made and seconded,approved upon art
be construed to prevent a court having jurisdiction over a nminal charge relating to traffic reading on January 19,2005.A pudic hearing end second reeding Is scheduled to be held
law vilations from lawfully eredrg ajudgement on a cane dealing with Class A or Class in the Chambers of the Boerd,Fist Rom Hearing Room,9tS 10th Street.Greeley,Cabado
B Traffic Infraction.The docket fee described in C.R.S.§42-4-1710(4)shall be assessed, 80631,on February 7,2005. All persona In any manner Interested in the reading of amid
when appropriate.The Weld County Court Magistrate or Weld County Court Judge acting Ordnance are requested to attend and may be heard.
as a magistrate has the authority to accept the Slandered Plea Offers for Traffic Infractions
set forth In Appendix 6-2. Please contact the Clrkdo the Board's office at phone(970)336-7215,Extension 4225,or
fax WO)352-0242.priorto the day of the hearing If,as the reeultat adroitly.you require
G. When a court of competntjurlsdktlon'_._ that a Peron charged with a Class reasonable accommodations in order to partidpeb in it hearing.
I ore Class 2 Misdemeanor Traffic Offense is guilty of a leaser-Included offense which is
a Class A or Class B Traffic Infraction,the court may enter a judgement as to such lesser My backup material,exhibits or information previously submitted to the Band of County
charge. Commissioners concerning this matter may be examined In the office of the Clerk to the
Board of County Commissioners,located in the web County Centennial Center,Thar
H. The Weld Coady Attorney may,in the his discretion.enter Traffic Infraction cases for Floor,915 lath Street.Greeley.Colorado, between the hours of 8:00 a.m.and 5:00 p.m.,
the purpose of attempting a negotiated plea or a stipulation to a deferred proseeution or Monday thru Friday, or may be accessed through the Weld County Web Page
deferred judgement and sentence.but shall not be required toso enter by any person,court, (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be
or law,nor shall the County Attorney represent the People of the State of Colorado and/or In eluded in the case file.To ensure inclusion of your E-Mal correspondence Into the case
the County of Weld at hearings conducted by a Weld County Court Magistrate or a Weld Me,please send a copy to daring®co.weld.n.us.
County Court Judge acting as a magistrate on Class A or Class B Traffic Infraction matters.
The Weld County Court Magistrate ore Weld County Court Judge acting as a magistrate SECOND READING:February 7,2105,at 9:00 a.m.
that be permitted to call and question any witness and shed also act as the fact finder at THIRD READING:February 28,2005,al 9:00 a.m.
hearings on Traffic Infraction matters.
BOARD OF COUNTY COIe16SlONERS
I. Time Limitations: - WELD COUNTY.COLORADO
1.Except as otherwise in Subsection 6-1-40.H.2.,below,no person against DATED:January 21,2006
whom a judgement has been entered for a Traffic Infraction shell collaterally attack the PUBLISHED:January 26,2005.in the Fort Lupton Prams
validity of that judgement unless such attack is commenced within 6 months after the date
of entry of fudgement.
2. In recognition ofthe difficulties attending the litigation of stale claims and
the potential for frustrating various etebbry provisions directed at repeat offenders,lather
offenders,and habitual offenders,the only exceptions to the time limitations specified In
Subsection 6-140.H.1.,above,shall be:
' a. A case in which the Cart entering judgement did not have
jurisdiction over the subje t matter of the aleged Traffic Infraction:
b. A awe in which the court entering judgement dal not have
jurisdiction over the person of the violator;
c. Where the court hearing the collateral attack finds by a
pnposerence ofie evidence that the acre to seek relief within the applicable time Period
is owed by en adjudication of traimpefence;r by commitment of the violator to an
IreWkabn for treatment as a mentally B person;or
d. Where the court hearing the collateral-attack ends that the
falhre to seek relief within to applicable time period was the result of circurvialances
amounting to justifiable excuse or excusable neglect.
J. Trels shall not be before a jury.
See 6-1-50.Applction.
Tide Article shall apply to every steel.alley,sidewalk area,driveway.park,and to every
other public way,place or parking area,within the boundaries of Weld County. The
prevlelors of Sections 1401.1402.text 1413 of the Model Traffic Code.reepadhely,
governing recklesedrthng.careless delving,and eluding a police omcershelltgyply not only
to public places and ways,but also OBoughout Weld County.
Sac.64-60. Appsablky.
If any part or pre of this Article are,f%any reason,held to be Invalid.such deaden shall
not affect the validity of Ste rainalntig portions of the Article. The Board of County
Commissioners of the County of Weld hereby declares that a would have passed this Mica
and each part o parts thereof,irrespective of the fad that anyone parlor parts be declared
xwaW.
Sed,*l-70, IMrpatetlon.
This Mile shell be so interpreted end construed all to eeed uste Is general purpose to
ardorrn with the State's uniform system for regulation of vehicles and traffic.Arida and
sexton heedlrgeofthe Weld Cowry Code and the Model Traffic Code ethanol be dee ed
to govern,limit,modify or in any mater affect the scope,nervy.or extra of the
provisions of any article or section thereof.
Addibn of A➢edlx 6-1, Model'Tuttle Cods Flee Schedule, Let of Abbreviations
(ATTACHED)
Addtn of Appendix 8-2 Standard Pea OBsb M Ira infractions(ATTACHED)
BE R FURTHER ORDAINED by the Board Sat the Calk le the Board be,and hereby le,
deecbdbarrerge forCdred,Code Pstiaa4,bsgplrnnttheWeldCounty Codewit
1110 111110110111•11111 contained herein,to rbada alit totem added(Melons,sections,
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