HomeMy WebLinkAbout20050441.tiff 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 Chapter6, 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,91510th Street,Greeley,Colorado,and may be inspected during regular
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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
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(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 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 in Subsection 6-1-40. H. 2., below, no person against
whom ajudgement 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.
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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
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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 7th day of February, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William H. Jerke, Chair
Weld County Clerk to the Board
M. J. Geile, Pro-Tem
BY:
Deputy Clerk to the Board
David E. Long
APPROVED AS TO FORM:
Robert D. Masden
County Attorney
Glenn Vaad
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
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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
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221(7) Bicycle Not Equipped With Adequate Brake TIB $15 +$2 0
COMMERCIAL VEHICLE(D.P.S.& P.U.C.RULES®ULATIONS)
106(3) Drove(Truck/Commercial Vehicle)Where TIB $35+$5 0
Prohibited
1060) 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 (lmproper/No)Red(Flag/Light)on Projecting TIA $15+$2 0
Load
2130) Insufficient(Audible/Visual Signal)on TIA $15 +$2 0
Emergency Vehicle
2130) Defective(AudibleNisual Signal)on TIA $15+$2 0
Emergency Vehicle
223(1)(6) (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
226(1) 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
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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 Nonhighway 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
14110) 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
1211(1) 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
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710(3) Drove Vehicle Upon Sidewalk TIA $35+$5 3
711 Drove Vehicle Improperly on Mountain TIA $35+$5 3
Highway
10080) 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
10100) 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 i 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
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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
202O) Operated Vehicle With Defective TIA $35 + $5 1
Headlamps
205O) 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
206O) 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
208O) Vehicle Had (Defective/No) Stop Light(s) TIB $15 + $2 0
208(1) Vehicle Not Equipped With Turn Signals TIB $15 + $2 0
as Required
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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
220 Motorized Bike or Motor-driven Cycle TIB $15 + $2 0
had High Intensity Light Improperly
Directed
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222O) Improper Auxiliary (Signal TIB $15 + $2 0
Lamps/Audible Signal) on (Volunteer
Firefighter Vehicle/Volunteer Ambulance
Attendant)
222O) 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
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
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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
201O) Number of Persons in Front Seat of TIA $35 + $5 0
Vehicle Obstructed Vision
201O) 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
227O) Material on (Windshield/Front Side TIB $50 + $6 0
Windows) Presented
(Nontransparent/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
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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 on 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
504O) 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
504(4) Combination of Vehicles Exceeded (Fou- 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
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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
1205O) 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
1208(7) Improper Use of Disability (License TIB SUM 0
Plate/Placard) To Receive Disability
Privileges
PASSING
802(4) Passed Vehicle Stopped for Pedestrian in 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.)
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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)
1005O) 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
604 Pedestrian (Disregarded/Failed to Obey) TIA $35 + $5 0
Traffic Control Signal
801O) 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
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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 tc TIB $15 + $2 0
Pick Up Pedestrian
805 (Pedestrian/Animal Rider) Failed to Yiel 1 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
109O2) (Parent/Guardian) Knowingly permitted TIB $15 + $2 0
Child to Violate Section 42-4-109
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
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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)
7120) 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
8020) Failed to Yield Right-of-Way to TIA $15 + $2 4
Pedestrian in Crosswalk
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)
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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) Failec 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)
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)
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PAGE 19 ORD2005-3
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
1406O) (Left/Deposited/Threw) Foreign Matter TIB $35 + $5 0
on Highway
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)
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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
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) Failec TIA $35 + $5 4
to Stop at
Railroad Crossing When Required
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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)
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
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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
1010O) Drove Vehicle on Wrong Side of Divided TIA $35 + $5 4
Highway
(End of List)
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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 of not guilty and the case is set for a final hearing,the plea offer
is no longer available.
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