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Home My WebLink About20050660.tiff 370 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 1111111 VI11111111111111 11111 III 1111111 III 11111 IIII IIII 3270370 03/22/2005 12:50P Weld County, CO 2005-0660 1 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PAGE 1 .. ORD2005-3 County Clerk to the Board,91510th 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 Section 30-15-402, C.R.S., 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 Section 24-4.2-103, C.R.S.; for the Traumatic Brain Injury Fund, established pursuant to Sections 30-15-402(2)(b) and 42-4-1701(4)(e)(I), C.R.S.; and for the Family Friendly Court Fund, established pursuant to Sections 13-3-113(6)(a) and 42-4-1701(4)(a),C.R.S. 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 1111111111111111110111111111 2005-0660 3270370 03/22/2005 12:50P Weld County, CO PAGE 2 ORD2005-3 2 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 ajudgement on a case dealing with a Class A or Class B Traffic Infraction. The docket fee described in Section 42-4-1710(4),C.R.S.,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 his discretion, enter Traffic Infraction cases for the purpose of attempting a negotiated plea or a 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 stated in Subsection 6-1-40.1.2., below, no person against whom a judgement has been entered for a Traffic Infraction shall 11111111111111111 11111 III 1111111 III 2005-0660 3270370 03/22/2005 12:50P Weld County, CO PAGE 3 ORD2005-3 3 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 6-1-40.1.1., 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 it's 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) 11111111111111111111111111111 III 1111111 III 11111 IIII IIII 2005-0660 3270370 03/22/2005 12:50P Weld County, CO ?AGE 4 ORD2005-3 4 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. The above and foregoing Ordinance Number 2005-3 was, on motion duly made and seconded, adopted by the following vote on the 28th day of February, A.D., 2005. ��40004..„„.. BOARD OF COUNTY COMMISSIONERS 0 o WELD COUNTY, COLORADO "G ' �-. ' �y # • William H. Je e, Chair ,r. v Jerk to the Board �� .4 A_Th M. J. ile, Pro-Tem Deputy Cler o th- Board Da ' E. oonng APPR O F M: :!n :2 qrt ome First Reading: January 19, 2005 Publication: January 26, 2005, in the Fort Lupton Press Second Reading: February 7, 2005 Publication: February 16, 2005, in the Fort Lupton Press Final Reading: February 28, 2005 Publication: March 2, 2005, in the Fort Lupton Press Effective: March 7, 2005 11111111111111111111111111111 III1111111 III IIIII IIII IIII 2005-0660 3270370 03/22/2005 12:50P Weld County, CO PAGE 5 ORD2005-3 5 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder APPENDIX 6-1 MODEL TRAFFIC CODE FINE SCHEDULE LIST OF ABBREVIATIONS ##+# A penalty assessment citation should be issued with the fine being the first numbers and the victim/witness surcharge being the second number. RA Conviction of these offenses requires the State of Colorado,Department of Revenue,Motor Vehicles Division to take restraint action against the violator's driver privilege or license. SUM A Summons and Complaint should be issued. TI Traffic infraction with no penalty class specified. TIA Class"A"traffic infraction. TIB Class"B"traffic infraction. VAR Various penalty classes apply. Reference should be made to C.R.S.,Title 42,to determine the actual class. Section Charge Class of Fine& Points Offense Surcharge BICYCLES 109(11) Failed to Use Bicycle Path When Directed By TIB $15+$2 0 Official Signs 1010(3) Rode Bicycle on Controlled Access Highway TIA $35+$5 0 Where Prohibited by Signs BICYCLE EQUIPMENT 221(2) Bicycle Not Equipped With Front Lamp Visible TIB $15+$2 0 500 Feet to Front 221(3) Bicycle Not Equipped With Red Reflector TIB $15+$2 0 Visible 600 Feet to Rear 221(4) Bicycle Not Equipped With Side Reflective TIB $15+$2 0 Material or Lamps 221(6) Unlawful Use of(Siren/Whistle)Upon a TIB $15+$2 0 Bicycle 224(3) Unlawful Use of(Siren/Whistle)Upon a TIB $15+$2 0 Bicycle AIM III1111111IIIVIIIIIIIIIII 3270370 03/22/2005 12:50P Weld County, CO 2005-0660 6 of 24 R 0.00 0 0.00 Steve Moreno Clerk& Recorder PAGE 6 ORD2005-3 221(7) Bicycle Not Equipped With Adequate Brake TIB $15 +$2 0 COMMERCIAL VEHICLE(D.P.S.&P.U.C.RULES&REGULATIONS) 106(3) Drove(Truck/Commercial Vehicle)Where TIB $35+$5 0 Prohibited 106(1) Vehicle Exceeded Posted Weight Limitation TIB $35+$5 0 (Specify Posted and Actual Weights) 225(1.5) (No/Inadequate)Muffler on a Vehicle Equipped TIB $500+$185 0 With an Engine Compression Brake. (Jake Brake) EQUIPMENT 2020) Drove a(Defective/Unsafe)Vehicle TIA $35+$5 2 209 (Improper/No)Red(Flag/Light)on Projecting TIA $15+$2 0 Load 2130) Insufficient(AudibleNisual Signal)on TIA $15+$2 0 Emergency Vehicle 213(1) Defective(AudibleNisual Signal)on TIA $15+$2 0 Emergency Vehicle 223(1)(b) (Motorcycle/Motorized Bicycle/Bicycle with TIA $15+$2 2 Motor)Not Equipped With One Brake 223(1)(c) (Trailer/Semitrailer)Did Not Have Breakaway TIA $15+$2 2 Brakes as Required 223(1)(d) (Motor Vehicle/Trailer/Semi-Trailer)Did Not TIA $15+$2 2 Have Service Brake as Required 223(2) Performance of(Service/Hand)Brake Did Not TIA $15+$2 2 Meet Requirements 2240) Vehicle Had(No/Defective)Horn TIB $15+$2 0 224(2) Operated Vehicle With Unauthorized Audible TIB $15+$2 0 Signal 2250) Vehicle Had(Defective/Improper/No)Mufflers TIB $15+$2 0 226(1) Vehicle Did Not Have Rearview Mirror(s) TIB $15+$2 0 2260) Rearview Mirror Did Not Permit Minimum 200 TIB $15 +$2 0 Ft. Vision 227(2) Vehicle Had(No/Defective)Windshield Wipers TIB $15+$2 0 228(1) Solid Rubber Tire Failed to be at Least One TIA $15+$2 0 Inch Thick AIM 11111 11111 111111111 III 1111111 III IIIII IIII IIII 0 5 066 3270370 03/22/2005 12:50? Weld County, CO PAGE 7 OR 200 7 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 500 60 228(3) Tire had(Block/Flange/Cleat/Spike)Protruding TIA $15+$2 0 From Rubber 228(5) Operated a Vehicle With(Improper/Unsafe) TIA $15+$2 0 Tires 228(6) Operated Vehicle on Highway with Tires TIA $15+$2 0 Designed for Non-highway Use 229(4) Vehicle Not Equipped With(Front TIB $15+$2 0 Windshield/Safety Glass in Front Windshield) 230(1) Required Vehicle Did Not Have Emergency TIB $15+$2 0 Reflective Triangles 230(2) Failed to Use(Warning Signal TIB $15 +$2 0 Flashers/Emergency Reflective Triangles)as Required 2340) Failed to Display Slow-Moving Vehicle Emblem TIB $15+$2 0 234(3) Misused Slow-Moving Vehicle Emblem TIB $15+$2 0 1407.5(2) Hauled Aggregate Material Without Required TIB $35+$5 0 Rear Flaps/Tarp 1411(1) Drove Vehicle While Wearing Earphones TIB $15+$2 0 502(3) Vehicle Had(Chains/Rope/Wire) TIB $75+$9 0 (Swinging/Dragging/Projecting) 608(2) Vehicle Not Equipped With Turn Signals as TIA $15 +$2 0 Required 610 Displayed Unauthorized Insignia TIB $15+$2 0 1415 Unlawful Use of Dyed Diesel Fuel(First TIB $500+$60 0 Offense) 1415 Unlawful Use of Dyed Diesel Fuel(Second TIB $1000+$120 0 Offense) 1415 Unlawful Use of Dyed Diesel Fuel(Third TIB $5000+$600 0 Offense) IMPROPER/RECKLESS/CARELESS DRIVING AND ACTIONS 12110) Backed Vehicle in Parking Area(When Not TIA $15+$2 2 Safe/and Interfered With Traffic) 1211(2) Backed Vehicle on(Shoulder/Roadway)of TIA $15 +$2 2 Controlled-Access Highway 1201 Improper Starting From(Parked/Stopped) TIA $15+$2 3 Position 709 Driver Stopped Vehicle in(Intersection/Marked TIA $35+$5 3 Crosswalk/Railroad Grade Crossing)When Prohibited 1111111 11111 11111 NIEME III 1111111 III BRIM'III' 2005-0660 3270370 03/22/2005 12:50P Weld County, CO PAGE 8 ORD2005-3 8 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 710(3) Drove Vehicle Upon Sidewalk TIA $35+$5 3 711 Drove Vehicle Improperly on Mountain TIA $35+$5 3 Highway 1008(1) Following Too Closely TIA $35+$5 4 1008(2) Unlawful Following By Vehicle Drawing TIA $35+$5 4 Another Vehicle 1008(3) Following Too Closely in Caravan or TIA $35+$5 4 Motorcade 1009 Coasted Vehicle Down Grade With Gears in TIA $35+$5 3 Neutral 1010(1) Failed to Drive as Required on TIA $35+$5 3 (Divided/Controlled-Access)Highway 1010(2) Vehicle Crossed Roadway Dividing TIA $35+$5 3 (Space/Median/Barrier)in an Unlawful Manner 1403 Following Too Closely Behind Fire Apparatus TIA $15+$2 3 1404 Drove Vehicle Over Fire Hose TIB $15+$2 0 109.5 Operated Neighborhood Electric Vehicle Where TIB SUM 0 Prohibited INSURANCE REQUIREMENTS 1409(3) Failure to Present Evidence of Insurance TIB SUM 0 LANE USAGE 806 Drove Vehicle Through or Within Safety TIA $35 + $5 3 Zone 1007(1)(a) Changed Lanes When Unsafe TIA $35 + $5 3 1007(1)(a) Failed to Drive in Single Lane (Weaving) TIA $35 + $5 3 1007(1)(b) Drove Vehicle in Center Lane When TIA $35 + $5 3 (Unnecessary/Prohibited) 1007(1)(c) Failed to Drive in Designated Lane TIA $35 + $5 3 1007(1)(d) Changed Lanes Where Prohibited by TIA $35 + $5 4 Official Traffic Control Device 1011 (Illegal Use Of/Obstructed) a Runaway TIA $10 + $12 3 Vehicle Ramp 1012(3) Drove Unauthorized Vehicle in High TIA $65 + $0 0 Occupancy Lane 111111111111111111111111 IIIII III 1111111 III 11111 /III /III 2005-0660 3270370 03/22/2005 12:50P Weld County, CO PAGE 9 OR 05005-3 9 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 1 1012(3) Drove Unauthorized Vehicle in High TIA $125 + $0 0 Occupancy Lane Three or More Times LIGHTS/REFLECTORS 204(1) Failed to Display Lamps When Required TIA $15 + $2 2 202(1) Operated Vehicle With Defective TIA $35 + $5 1 Headlamps 205(1) Motor Vehicle Not Equipped with Head TIB $15 + $2 0 Lamps as Required 205(2) Motorcycle Not Equipped With Head TIB $15 + $2 0 Lamp as Required 205(3) Height of Headlamp Failed to Meet TIB $15 + $2 0 Requirements 206(1) Vehicle Not Equipped With Tail Lamps TIB $15 + $2 0 as Required 206(2) Height of Tail Lamp Failed to Meet TIB $15 + $2 0 Requirements 206(3) Vehicle Had (No/Defective) License TIB $15 + $2 0 Plate Lamps 206(4) Vehicle Failed to Have Reflector as TIB $15 + $2 0 Required 206(5) 1958 or Newer Vehicle Failed to Have TIB $15 + $2 0 Two Reflectors as Required 206(6) Height of Reflector Failed to Meet TIB $15 + $2 0 Requirements 207 Vehicle Not Equipped With TIB $15 + $2 0 (Clearance/Side Marker) (Lamps/Reflectors) as Required 208(1) Vehicle Had (Defective/No) Stop Light(s) TIB $15 + $2 0 208(1) Vehicle Not Equipped With Turn Signal; TIB $15 + $2 0 as Required 1111111 IIIII IIIII 111111 IIIII III 1111111 III 111111 III IIII 3270370 03/22/2005 12:50P Weld County, CO 10 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-0660 PAGE 10 ORD2005-3 211 (Farm Tractor/Farm TIB $15 + $2 0 Equipment/Implement of Husbandry/Animal-Drawn Vehicle)Not Equipped With (Lamps/Reflectors) as Required 212 (Spot Lamps/Fog Lamps/Auxiliary TIB $15 + $2 0 Passing Lamps/Auxiliary Driving Lamps) Failed to Meet Requirements 212 Improper Use of(Spot Lamps/Fog TIB $15 + $2 0 Lamps/Auxiliary Passing Lamps/Driving Lamps) 213(4) Vehicle Displayed Unauthorized Green TIA $15 + $2 0 Light 214(1) Lamps on Service Vehicle (Failed to TIB $15 + $2 0 Meet Requirements/Not Yellow) 214(2) Failed to Display Lamps on Service TIB $15 + $2 0 Vehicle as Required 215 Signal (Lamps/Devices) Failed to Meet TIB $15 + $2 0 Requirements 215 Vehicle Did Not Have Turn Signals as TIB $15 + $2 0 Required 216 Vehicle Had No Upper-Lower Beam TIB $15 + $2 0 (Switch/Indicator) 217(1) Improper Headlight Distribution TIA $15 + $2 0 217(1)(a) Failed to Dim Lights When Approaching TIA $15 + $2 2 an Oncoming Vehicle 217(1)(b) Failed to Dim Lights When Following TIA $15 + $2 2 Another Vehicle 218 Single-Beam Head Lamps Failed to Mee: TIB $15 + $2 0 Requirements 219 Displayed More Than Four Lamps Wher TIB $15 + $2 0 Prohibited 1111111 1111111111111111111111 III 1111111 III 111111 III II11 3270370 03/22/2005 12:50P Weld County, CO 11 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-0660 PAGE 11 ORD2005-3 220 Motorized Bike or Motor-driven Cycle TIB $15 + $2 0 had High Intensity Light Improperly Directed 222(1) Improper Auxiliary(Signal TIB $15 + $2 0 Lamps/Audible Signal) on (Volunteer Firefighter Vehicle/Volunteer Ambulance Attendant) 222(1) Misuse of Auxiliary(Signal TIB $15 + $2 0 Lamps/Audible Signal) by(Volunteer FirefighterNolunteer Ambulance Attendant) 231 Drove on Highway With Park Lights TIB $15 + $2 0 When Headlights Required MOTORCYCLES 232(1) Motorcycle (Operator/Passenger) Had TIA $15 + $2 0 No Protective Eye Wear as Required 232(2) Motorcycle Not Equipped With TIA $15 + $2 0 Passenger Footrests 1502 Improper Riding on Motorcycle TIA $15 + $2 3 1503 Illegal Operation of Motorcycle on Laned TIA $15 + $2 3 Roads 1504 Person on Motorcycle Clung to Another TIA $15 + $2 3 Vehicle MOTORIZED BICYCLES - MOTOR-DRIVEN CYCLES 109(1) Motorized Bicycle Rider Failed to Obey TIB $15 + $2 0 Provisions of Article 4 (State Violation, i.e., Failed to Signal, or Speeding) 109(2) Rode Motorized Bicycle in an Improper TIB $15 + $2 0 through (6) Manner(Specify the Violation) 109(11) Motorized Bicycle Failed to Use Bicycle TIB $15 + $2 0 Path When Directed by Official Signs 1111111 11111 11111 1111111 11111 III 1111111 III MEEK II11 3270370 03/22/2005 12:50P Weld County, CO 12 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-0660 PAGE 12 ORD2005-3 220 Motorized Bicycle Did Not Have TIB $15 + $2 0 (Lamp/Reflector/Audible Signal/Brake) as Required 224 Unlawful Use of(Siren/Whistle) Upon a TIB $15 + $2 0 Motorized Bicycle 220 Motor-Driven Cycle Not Equipped With TIB $15 + $2 0 Head Lamp as Required 232O) Motor-Driven Cycle TIA $15 + $2 0 (Operator/Passenger)Had No Protective Eye Wear as Required 232(2) Motor-Driven Cycle Not Equipped With TIA $15 + $2 0 Passenger Footrests OBSTRUCTED/OBSCURED VISION - INTERFERENCE WITH DRIVER 201(1) Number of Persons in Front Seat of TIA $35 + $5 0 Vehicle Obstructed Vision 201(1) Number of Persons in Front Seat of TIA $35 + $5 0 Vehicle Interfered With Driver 201(2) Driver of Vehicle Allowed Passenger to TIA $35 + $5 0 Ride in an Unsafe Manner 201(3) Television Visible to Vehicle Operator TIA $35 + $5 0 201(4) Driver's Vision Obstructed Through TIA $35 + $5 0 Required Glass 201(5) Passenger in Vehicle (Interfered TIA $35 + $5 0 With/Obstructed Vision of) Driver 201(5) Driver of Vehicle Allowed Passenger to TIA $35 + $5 0 Interfere With Driving 201(6) Person (Hung On/Attached Himself) to TIA $35 + $5 0 the Outside of Vehicle 201(6) Driver Permitted Person to (Hang TIA $35 + $5 0 On/Attach Himself) to the Outside of Vehicle HUHU 11111 111111111111 III 1111111 III 111111 III (III 3270370 03/22/2005 12:50P Weld County, CO 13 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-0660 PAGE 13 ORD2005-3 227(1) Material on (Windshield/Front Side TIB $50+ $6 0 Windows) Presented (Non-transparent/Metallic/Mirrored) Appearance (Note: Metallic/Mirrored Applies to Any Window) 504(5) Projecting Load on Vehicle Obstructed TIB $75 + $9 0 Driver's Vision 226 Load Obstructed View to Rear-No TIB $15 + $2 0 Exterior Minors OVERSIZE/OVER WIDTH/OVER LENGTH/OVER WEIGHT/PROJECTING LOAN 502(1) Width of(Vehicle/Load) Exceeded 8 TIB $75 + $9 0 Feet 6 Inches 502(2)(a) Load of Loose Hay Exceeded 12 Ft. TIB $75 + $9 0 Width 502(2)(b) Load of Small Rectangular Hay Bales or TIB $75 + $9 0 a Single Vehicle Exceeded (10 Feet 6 Inches in Width) 502(4) Width of Bus Exceeded 8 Foot 6 Inches TIB $75 + $9 0 503 Load Projected Beyond Fender of Left TIB $15 + $2 0 Side of Passenger Vehicle 503 Load Projected More Than 6 Inches on TIB $15 + $2 0 Right Side of Passenger Vehicle 504(6) Rear Projection of Load Exceeded 10 TIB $75 + $9 0 Feet 504(5) Load Projected Beyond Grill Assembly TIB $75 + $9 0 or Front Wheels 504(1) Height of Vehicle Exceeded 13 Feet TIB $75 + $9 0 504(1) Height of Vehicle Exceeded 14 Feet 6 TIB $75 + $9 0 Inches on Designated Highway 504(2) Single Vehicle Exceeded 45 Feet in TIB $75 + $9 0 Length 504(3) Bus Exceeded 60 Feet in Length TIB $75 + $9 0 1111111 III" IIIII 1111111 IIIII III 1111111 III 111111 III IIII 3270370 03/22/2005 12:50P Weld County, CO 14 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-0660 PAGE 14 ORD2005-3 504(4) Combination of Vehicles Exceeded (Foil- TIB $75 + $9 0 Units/70 Feet in Length) 504(4.5) (Saddle Mount Combination/Laden TIB $75 + $9 0 Truck Tractor Semitrailer Combination/Auto or Boat Transporter) Exceeded (Four Units/75 Feet) 505 Operated Longer Vehicle Combination TIB $75 + $9 0 Where Prohibited PARKING VIOLATIONS 210 Failed to Display Required Lights When TIB $15 + $2 0 Parked 1201 Improper Starting From Parked Position TIA $15 + $2 3 1202 (Stopped/Parked/Left Standing) Vehicle TIB $15 + $2 0 on Paved Portion of Highway 1204 Improper(Stopping/Standing/Parking) TIB $15 + $2 0 Specify the Violation 1204 Improper Moving of Parked Vehicle TIB $15 + $2 0 1205(1) Parked Vehicle More Than 12 Inches TIB $15 + $2 0 From Curb 1205(1) Failed to Park as Close as Practicable to TIB $15 + $2 0 Edge of Shoulder 1205(2) Parked Vehicle (On Wrong Side of/In TIB $15 + $2 0 Wrong Direction on) Roadway 1206 Failed to (Lock Ignition of/Remove Key TIB $15 + $2 0 From) Parked Vehicle 1206 Parked Vehicle Without Setting Brakes TIB $15 + $2 0 1206 Parked Vehicle on Grade Without TIB $15 + $2 0 Turning Wheels to Side of Curb 1207 (Opened Door/Left Door Open) Into TIB $15 + $2 0 Lane of Traffic (When Not Safe/and Interfered With Traffic) 1208(6) Improper Use of Disabled Parking TIB $100+ $12 0 Privileges When Not Disabled HBO 11111 VIII 1111111111111 III 1111111 III 111111 III IIII 3270370 03/22/2005 12:50P Weld County, CO 2005-0660 15 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PAGE 15 ORD2005-3 1208(7) Improper Use of Disability(License TIB SUM 0 Plate/Placard) To Receive Disability Privileges PASSING 802(4) Passed Vehicle Stopped for Pedestrian it TIA $15 + $2 3 (Marked/Unmarked) Crosswalk 1002 Failed to Yield One-Half of the Roadway TIA $35 + $5 4 to Oncoming Vehicle 1003(1)(a) Passed on Left in Unsafe Manner(Note: TIA $35 + $5 4 Use when vehicle failed to maintain safe distance from overtaken vehicle during pass or upon return to right lane.) 1003(1)(b) Driver Failed to Give Way When TIA $35 + $5 3 Overtaken 1004 Passed on Right When (Not TIA $35 + $5 4 Permitted/Not Safe) 1005(1) Passed on Left When Left Not Clear to TIA $35 + $5 4 Traffic 1005(1) Passed Without Giving Oncoming Traffi; TIA $35 + $5 4 Sufficient Clearance 1005(2)(a) Passed on (Hill/Curve) When View TIA $35 + $5 4 Obstructed 1005(2)(b) Passed When (Crossing/Within) 100 Ft. TIA $35 + $5 4 of(Intersection/Railroad Crossing) 1005(2)(c) Passed Within 100 Ft. of TIA $35 + $5 4 (Bridge/Tunnel/Viaduct) When View Obstructed 1005(3) Passed on Left When Prohibited By TIA $35 + $5 4 (Signs/Markings) 1007(1)(b) (Attempted to Pass/Passed) on Shoulder TIA $35 + $5 4 of Right Hand Traffic Lane PEDESTRIAN/ANIMAL RIDER VIOLATIONS 808 Pedestrian Failed to Yield Right-of-Way TIA $35 + $5 0 to Disabled Person 1111111111111111111111111111111111111111111111111111111 3270370 03/22/2005 12:50P Weld County, CO 2005-0660 16 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PAGE 16 ORD2005-3 604 Pedestrian (Disregarded/Failed to Obey) TIA $35 + $5 0 Traffic Control Signal 801(1) Pedestrian Disregarded Traffic Control TIB $15 + $2 0 Device 802(3) Pedestrian Suddenly (Walked/Ran) Into TIA $15 + $2 0 Path of Vehicle 803 Pedestrian Failed to Yield Right-of-Way TIB $15 + $2 0 to Vehicle 803 Pedestrian Failed to Cross Roadway as TIB $15 + $2 0 Required 805(6) Pedestrian Solicited Rides in Roadway TIB $15 + $2 0 805 (Pedestrian/Animal Rider) Failed to TIB $15 + $2 0 (Walk/Ride) (Along/Upon) Roadway as Required 805 Animal Rider on Highway Under the TIB $15 + $2 0 influence of(Alcohol/Controlled Substance) 805 Pedestrian on Highway Under the TIB $15 + $2 0 Influence of(Alcohol/Controlled Substance) 805 Vehicle (Endangered/Impeded) Traffic to TIB $15 + $2 0 Pick Up Pedestrian 805 (Pedestrian/Animal Rider) Failed to Yield TIB $15 + $2 0 to Emergency Vehicle 109(8) (Rode/Lead) Animal on Wrong Side of TIB $15 + $2 0 Highway 109(12) (Parent/Guardian)Knowingly Permitted TIB $15 + $2 0 Child to Violate Section 42-4-109 RECREATIONAL VEHICLES, AREAS AND SERVICES 109(9) Used (Skis/Sled/Skates/Coaster/Toy TIB $15 + $2 0 Vehicle/etc.) On Highway 109(12) (Parent/Guardian)Knowingly permitted TIB $15 + $2 0 Child to Violate Section 42-4-109 111111111111101 11111111111 III 1111111 III 111111 III lII1 3270370 03/2212005 12:50P Weld County, CO 17 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-0660 PAGE 17 ORD2005-3 1408 Operated Motor Vehicle in Recreation TIB $15 + $2 0 Area or District Where Prohibited RIGHT-OF-WAY (VEHICLE/PEDESTRIAN) 604 Failed to Yield Right-of-Way on Right TIA $35 + $5 3 Turn After Stop at Red Light 701 Failed to Yield Right-of-Way as Required TIA $35 + $5 3 at Uncontrolled Intersection 703(4) Failed to Yield at Yield Intersection TIA $35 + $5 3 703(3) Failed to Yield Right-of-Way When TIA $35 + $5 3 Proceeding From Stop Sign 704 Failed to Yield Right-of-Way Upon TIA $35 + $5 3 Entering Highway (Use when vehicle enters from any place other than a roadway.) 705 Failed to Yield Right-of-Way to TIA $50+ $6 4 Emergency Vehicle 711(2) Failed to Yield Right-of-Way to TIA $35 + $5 3 Ascending Vehicle on Narrow Mountain Highway 710(1) Failed to Yield Right-of-Way to TIA $35 + $5 4 Pedestrian Upon Emerging From (Alley/Driveway/Building) 710(2) Failed to Yield Right-of-Way to TIA $35 + $5 4 Pedestrian Upon Entering (Alley/Driveway/Building) 712(1) Failed to Yield right-of-Way to TIA $35 + $5 3 Authorized (Vehicle/Pedestrian) in Highway Work Area 712(2) Failed to Yield Right-of-Way to TIA $35 + $5 3 Authorized Service Vehicle Displaying Flashing Yellow Light 802(1) Failed to Yield Right-of-Way to TIA $15 + $2 4 Pedestrian in Crosswalk 1111111111111111111111111111 I I 11111111 I I 1111111 I I I I I I I 3270370 03/22/2005 12:50P Weld County, CO 18 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-0660 PAGE 18 ORD2005-3 802(5) Failed to Yield Right-of-Way to TIA $15 + $2 4 Pedestrian at Steady Walk Signal 807 Driver Failed to Exercise Due Care for TIA $35 + $5 4 Pedestrian 808 Driver Failed to Yield Right-of-Way to TIA $35 + $5 6 Disabled Person SAFETY BELT/RESTRAINT 236(2)(a) Failed to (Provide/Use) An Approved TIB $50 + $6 0 Child Restraint System (0 to 4 Years of Age) 236(2)(b) Failed to (Provide/Use) An Approved TIB $50+ $6 0 Child Restraint System (4 to 16 years of Age) 237(2) Drove Vehicle When Safety Belt Not in TIB $15 + $2 0 Use 237(2) Drove Vehicle When Front Seat TIB $15 + $2 0 Passenger Not Secured By Safety Belt SCHOOL BUS 707 (School Bus/Commercial Vehicle) Failed TIA $35 + $5 4 to Stop at Railroad Crossing when Required 1901 Operated School Bus on Mountainous TIB $35 + $5 0 Terrain With Passengers in (Front Row Seats/Seats Next to Emergency Exit) When School Bus Not Equipped With Supplementary Brake Retarders 1903(2) School Bus Driver Failed to Actuate TIB SUM 2 Visual Signals as Required 1903(5) School Bus Driver Failed to Stop as TIB SUM 3 Required SIGNALING 903 (Failed to Signal as Required/Gave TIA $35 + $5 2 Improper Signal) for(Turn/Stop/Sudden Decrease in Speed) 11111111111111111111111111111 III 1111111 III 111111 III 1III 3270370 03/22/2005 12:50P Weld County, CO 2005-0660 19 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PAGE 19 ORD2005-3 903(2) Improper Use of Flashing Turn Signal TIA $35 + $5 2 608(1) Failed to Use Turn Signals TIA $15 + $2 2 609 Gave Improper Hand and Arm Signal TIA $15 + $2 2 SPEED 1101 Speeding (1-4 MPH Over Posted Limit TIA $30 + $5 0 in Construction Zone) 1101 Speeding (5-9 MPH Over Posted Limit TIA $70+ $8 1 in Construction Zone) 1101 Speeding(10-19 MPH Over Posted TIA $100 + $12 4 Limit in Construction Zone) 1101 Speeding (20-24 MPH Over Posted TIA $200+ $24 6 Limit in Construction Zone) 1101(1) Speeding (1-4 MPH Over Prima Facie TIA $15 + $2 0 Limit/Over Maximum 75 MPH Limit) 1101(1) Speeding (5-9 MPH Over Prima Facie TIA $35 + $5 1 Limit/Over Maximum 75 MPH Limit) 1101(1) Speeding(10-19 MPH Over Prima Facie TIA $50 + $6 4 Limit/Over Maximum 75 MPH Limit) 1101(1) Speeding(20-39 MPH Over Prima Facie TIA $100 + $12 6 Limit/Over Maximum 75 MPH Limit) 1101(3) Exceeded Safe Speed for Conditions TIA $35 + $5 3 (Indicate actual speed/safe speed) 1103(1) Impeded Normal Flow of Traffic TIA $15 + $2 3 1104(1) Exceeded Posted State Speed on TIA $15 + $2 3 Elevated Structure SPILLING - LOADS -DAMAGING HIGHWAY- LITTERING 512 Damaged(Highway/Highway Structure) TIA $75 + $9 0 1406(1) (Left/Deposited/Threw) Foreign Matter TIB $35 + $5 0 on Highway 1111111 11111 11111 1111111 11111III 1111111 III 1111111 111111 3270370 03/22/2005 12:50P Weld County, CO 20 of 24 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2005-0660 PAGE 20 ORD2005-3 1 1406(2) Failed to Remove (Lighted/Burning) TIB $35 + $5 0 Matter(Left/Deposited/Thrown) on Highway 1406(3) Removed Wrecked or Damaged Vehicle TIB $35 + $5 0 From Highway Without Removing Injurious Substance From Highway 1406(4) Excavated on Highway Without TIB $35 + $5 0 Authorization 1406(4) Constructed on Highway Without TIB $35 + $5 0 Authorization 1407 Spilled Load on Highway/Failed to Cover TIB $35 + $5 0 Load/No Flaps When Required TOWING 1405 Person Rode in Trailer TIB $15 + $2 0 506 Failed to Use White Flag on Tow TIB $15 + $2 0 (Chain/Cable/Rope) 506 Failed to Use Safety Chain or Cable on TIB $15 + $2 0 Towed Vehicle 506 Unlawful Drawbar TIB $15 + $2 0 1008(2) Unlawful Following By Vehicle Drawing TIA $35 + $5 4 Another Vehicle (Following too Closely: TRAFFIC CONTROLS 601 Disobeyed Sign Closing Highway for TIB $35 + $5 0 (Construction/Event) 603 (Failed to Observe/Disregarded) Traffic TIA $35 + $5 4 Control Device 604 Failed to Obey Lane-Use Control Signal TIA $35 + $5 4 604 Failed to Obey Traffic Control Signal TIA $35 + $5 4 604 Failed to Stop for Traffic Control Signal TIA $35 + $5 4 at Place Required 605 Failed to Obey Flashing (Red/Yellow) TIA $35 + $5 4 Signal Light as Required HBO 11111 11111 DIEM]III 1111111 III 1111111 11 1111 3270370 03/22/2005 12:50P Weld County, CO 21 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-0660 rAGE 21 ORD2005-3 606 Displayed Unauthorized TIA $15 + $2 0 (Sign/Signal/Marking/Device) 607 (Removed/Interfered TIB $50 + $6 0 With/Altered/Defaced/Knocked Down/Injured) Traffic Control (Sign/Device) (or Attempted to Do So) 612 Failed to Proceed (With Caution/as TIA $35 + $5 4 Required) at Inoperative or Malfunctioning Control Signal 703 (Disregarded/Failed to Stop as Required TIA $35 + $5 4 at) Stop Sign at Through Highway 706 Disregarded (Railroad Signal/Crossing TIA $35 + $5 4 Gate/Barricade/Flagman) 706(1) Disregarded Stop Sign at Railroad TIA $35 + $5 4 Crossing 707 (School Bus/Commercial Vehicle)Failed TIA $35 + $5 4 to Stop at Railroad Crossing When Required 708 Unlawful Moving of Heavy Equipment TIB $35 + $5 0 Across Railroad Grade Crossing 712 Disregarded (Instructions/Signals) of TIA $35 + $5 3 Authorized Flag-Person in Highway Work Area 806 Drove Vehicle Through Safety Zone TIA $35 + $5 3 TURNS 603 Made Turn Where Prohibited by Traffic TIA $35 + $5 4 Control Device 604 Made (Right/Left)Turn on Red Light TIA $35 + $5 4 Where Prohibited by Sign 702 Failed to Yield Right-of- TIA $35 + $5 3 Way When Turning Left in Front of Approaching Traffic 901 Made Right Turn From Wrong TIA $35 + $5 3 (Position/Lane) 111111111111 11111111111111111 III 1111111 MIME 11 ll11 3270370 03/22/2005 12:50P Weld County, CO 2005-0660 22 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PAGE 22 ORD2005-3 901 Made Left Turn From Wrong TIA $35 + $5 3 (Position/Lane) 901 Made Improper Left Turn at Multi-turn TIA $35 + $5 3 Intersection 901 Failed to Turn as Required By Traffic TIA $35 + $5 3 Control Device 901 Failed to Turn From Turn-Only Lane TIA $35 + $5 3 902 Made U-Turn on Hill or Curve TIA $35 + $5 3 902 Made Unsafe U-Turn at Intersection TIA $35 + $5 3 902 Made U-Turn Where Prohibited TIA $35 + $5 3 1010 (Improper Turn/Turned Where TIA $35 + $5 3 Prohibited) Across Median of Divided Highway WRONG WAY - WRONG SIDE 1001 Failed to Drive Vehicle (on Right Side o TIA $35 + $5 4 Road/in Right-Hand Lane) as Required 1001 Failed to Yield Right-of-Way When TIA $35 + $5 4 Forced to Drive on Left Side of Road 1002 Failed to Yield One-Half of the Roadway TIA $35 + $5 4 to Oncoming Vehicle 1006 Drove Vehicle Wrong Way on One-Way TIA $35 + $5 3 Roadway 1006 Drove Vehicle Wrong Way Around TIA $35 + $5 3 Rotary Island 1010(1) Drove Vehicle on Wrong Side of Divided TIA $35 + $5 4 Highway (End of List) 1111111 1111111111 111111111111 III 1111111 III 1111111111111 3270370 03/22/2005 12:50P Weld County, CO 23 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-0660 PAGE 23 ORD2005-3 APPENDIX 6-2 STANDARD PLEA OFFERS FOR TRAFFIC INFRACTIONS Original Charge Plea Offer Fines/Cost 6 Points 4 Points— Speeding The penalty assessed on your Section 1101 Summons and Complaint, (10-19 MPH over limit) including a surcharge, docket fee, and $1 fee as required by law. 4 Points 2 Points—Defective Vehicle The penalty assessed on your Section 202 Summons and Complaint, including a surcharge, docket fee, and $1 fee as required by law. 3 Points 1 Point—Defective Vehicle The penalty assessed on your Section 202(1) Summons and Complaint, including a surcharge, docket fee, and $1 fee as required by law. 2 Points 1 Point—Defective Vehicle The penalty assessed on your Section 202(1) Summons and Complaint, including a surcharge, docket fee, and $1 fee as required by law. For multiple offenses charged on the same Summons and Complaint,the plea offer will be for the offense with the most points assessed. The plea offer is available on the first appearance date or disposition hearing date only. Once the defendant enters a plea ofnot guilty and the case is set for a final hearing,the plea offer is no longer available. I I I I I 1111111111111111111111111111111111111111111 111111 3270370 03/22/2005 12:50P Weld County, CO 24 of 24 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-0660 PAGE 24 ORD2005-3 Hello