TC Ord. No. 25-01 Adopting by Reference the 2024 Model Traffic CodeA
Avon
COLORADO
ORDINANCE NO. 25-01
AN ORDINANCE OF THE TOWN COUNCIL OF AVON, COLORADO ADOPTING BY
REFERENCE THE 2024 EDITION OF THE MODEL TRAFFIC CODE; PROVIDING
PENALTIES FOR THE VIOLATIONS THEREOF; AND MAKING CONFORMING
AMENDMENTS TO THE AVON MUNICIPAL CODE; REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR
VIOLATION THEREOF
WHEREAS, pursuant to C.R.S. §§31-15-103 and 31-15-104, and pursuant to the home rule
powers of the Town of Avon ("Town"), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, pursuant to C.R.S. §42-4-110(1)(b), local governments may, consistent with the
procedural requirements of C.R.S. §§31-16-201, et seq., adopt by reference all or any part of a model
municipal traffic code that embodies the rules of the road and vehicle requirements as set out in the
State of Colorado's traffic laws; and
WHEREAS, the Colorado Department of Transportation has prepared and adopted the 2024
revised edition of the Model Traffic Code for Colorado (the "2024 Model Traffic Code"); and
WHEREAS, the Town previously adopted the 2020 edition of the Model Traffic Code for
Colorado; and
WHEREAS, a public hearing on this Ordinance at second reading, and proper notice thereof, was
provided in accordance with C.R.S. §31-16-203; and
WHEREAS, penalties for violating the Model Traffic Code adopted hereby are set forth in full in this
Ordinance and shall be published in full after final adoption in accordance with C.R.S. § 31-16-204;
and
WHEREAS, certified copies of the Code adopted hereby were filed with the City Clerk at least
fifteen (15) days prior to public hearing on this Ordinance and such codes remain open to public
inspection and purchase; and
WHEREAS, this Ordinance is intended to adopt by reference the 2024 Edition of the Model Traffic
Code for Colorado, subject to the identified additions, modifications, and deletions; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town
Council desires to adopt the 2024 Model Traffic Code by reference into the Avon Municipal Code
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
by setting a public hearing in order to provide the public an opportunity to present testimony and
evidence and that approval of this Ordinance on first reading does not constitute a representation
that the Town Council, or any member of the Town Council, has determined to take final action
on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Repeal and Reenactment of Chapter 10.04 to Title 10 of the Avon Municipal
Code. Chapter 10.04, "Model Traffic Code" of Title 10, "Vehicles and Traffic," of the Avon
Municipal Code is repealed and reenacted to read as set forth in Exhibit A: Repeal and
Reenactment of Chapter 10.04 of the Avon Municipal Code, attached hereto.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to
be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered,
or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring
such penalty or liability or enforcing such right, and shall be treated and held as remaining in force
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending
before any court or administrative tribunal.
Section 7. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on January 28, 2025 and setting a public hearing for
February 25, 2025 at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado.
BY:
Y Uit
mra N. Underwood, Mayor
ATTEST:
Miguel Jaur/di Casanueva, T
N OFAV0
SEAL:
Clem ,.•••
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ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on February
25, 2025.
BY:
mra N. Underwood, Mayor
APPROV A O FORM:
Wlq Q yaw
Nina Williams, TM6 Attorney
ATTEST:
Miguel Jayrredui Casanueva,
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
N OFq o
SEAL.:
vii•Clerk ••
REPEAL AND REENACTMENT OF CHAPTER 10.04 OF THE AVON MUNICIPAL
CODE
CHAPTER 10.04 — MODEL TRAFFIC CODE
Section 10.04.010. Adoption.
Section 10.04.020. Deletions.
Section 10.04.030. Additions or modifications.
Section 10.04.040. Penalties.
Section 10.04.050. Application.
10.04.010 Adoption.
Pursuant to Parts 1 and 2 of Article 16 of Title 31, C.R.S., as amended, there is hereby
adopted by reference Articles I and Il, inclusive, of the 2024 edition of the Model Traffic Code
for Colorado, promulgated and published as such by the Colorado Department of Transportation,
Safety and Traffic Engineering Branch, 2829 W Howard Place, Denver, CO 80204. The subject
matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations
for the City. The purpose of this Article and the code adopted herein is to provide a system of
traffic regulations consistent with state law and generally conforming to similar regulations
throughout the State and the Nation. Three (3) copies of the Model Traffic Code adopted herein
are now filed in the office of the City Manager and may be inspected during regular business
hours.
10.04.020 Deletions.
The 2024 edition of the Model Traffic Code is adopted as if set out at length, save and
except the following articles and/or section which are declared to be inapplicable to this
municipality and are expressly deleted: Section 1701, Section 1705, and Section 1707.
Section 10.04.030 Additions or modifications.
The Model Traffic Code as adopted herein is subject to the following amendments,
additions or modifications:
1) Section 107.5, Obedience to members of the fire department, is added to read as
follows:
Members of the fire department, when at the scene of a fire, accident or matter
involving the use of firefighting equipment, may direct, or assist the police in
directing traffic in the immediate vicinity. No person shall willfully fail or refuse to
obey a lawful order or direction of a member of the fire department so acting."
2) Section 706(1), Obedience to railroad signal, is amended to read as follows:
1) Whenever any person driving a motor vehicle approaches a railroad grade
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
crossing under any circumstances stated in this section, the driver of such vehicle
shall stop within fifty feet but not less than fifteen feet from the nearest rail of such
railroad and shall not proceed until he can do so safely. Such requirements shall apply
when:
a) A clearly visible electric or mechanical signal device gives warning of the
immediate approach of the railroad train;
b) A crossing gate is lowered or when a human flagman gives or continues to
give warning of the immediate approach of a railroad train;
c) A railroad train approaching within approximately fifteen hundred feet of the
highway crossing emits a signal audible from such distance, and such railroad
train, by reason of its speed or nearness to such crossing, is an immediate
hazard; or
d) An approaching railroad train is plainly visible and is in hazardous proximity
to such crossing."
3) Section 712(3), Driving in highway work area, is amended to read as follows:
3) Local road authorities within their respective jurisdictions and in cooperation
with law enforcement agencies, may train and appoint adult civilian personnel for
special traffic duty as highway flaggers within any highway maintenance or
construction work area. Whenever such duly authorized flaggers are wearing the
badge, insignia, or uniform of their office, are engaged in the performance of their
respective duties, and are displaying any official hand signal device of a type and in
the manner prescribed in the adopted state traffic control manual or supplement
thereto for signaling traffic in such areas to stop or to proceed, no person shall
willfully fail or refuse to obey the visible instructions or signals so displayed by such
flaggers. Any alleged willful failure or refusal of a driver to comply with such
instructions or signals including information as to the identity of the driver and the
license plate number of the vehicle alleged to have been so driven in violation shall
be reported by the work area supervisor in charge at the location to the district
attorney for appropriate penalizing action in a court of competent jurisdiction. Any
person who violates any provision of this section commits a traffic infraction."
4) Section 1214, Parking on private property, is added to read as follows:
It shall be unlawful for any person to park or cause to be parked any vehicle upon any
private parking lot or any other private property within the Town of Avon, without the
consent of the owner thereof or the tenant or person in possession or control of said
private parking lot or private property.
a) Posting of Sign. Any owner, tenant or person in possession or control of a
private parking lot or private property wishing to avail himself of the
provision of this section shall post at each and every entrance to a private
parking lot or private property a sign containing essentially the following
words:
Private Parking Lot
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
Parking is reserved for persons having permission of the owner and any other
person may be subject to the penalties imposed by Ordinance No. 21-08.
Violating vehicles may be impounded
All signs must be approved by the Chief of Police, who shall have the authority
to determine size, shape and lettering of such signs. The Chief of Police may
approve signs which combine the requirements of this section with the
requirements of Section 5.12.100(4) concerning the booting or towing of
unauthorized vehicles.
b) Signing of Complaints. No complaint shall be issued for any violation of this
section unless the same is signed by the owner, tenant or person in possession
or control of the private parking lot or private property within or upon which
a violation of this section may have occurred or the agent of such person or
entity."
5) Section 1417, School safety sensitive zones — increase of penalties for moving
traffic violations, is added to read as follows:
1) Any person who commits a moving traffic violation in a school zone is subject to
double penalties and surcharges.
2) For purposes of this section, `school zone' means an area that is designated as a school
zone and has appropriate signs posted indicating that the penalties and surcharges will be
doubled. The state or local government having jurisdiction over the placement of traffic
signs and traffic control devices in the school zone area shall designate when the area
will be deemed a school zone for the purposes of this section. In making such designation,
the state or local government shall consider when increased penalties are necessary to
protect the safety of school children. Such zones shall be designated Safety Sensitive."
6) Section 1418, Residential area safety sensitive zones, increase of penalties for
moving violations, is added to read as follows:
1) Any person who commits a moving traffic violation in a Residential Area Safety
Sensitive Zone area as defined herein is subject to double penalties and surcharges.
2) For purposes of this section, the following are designated `residential area safety
sensitive zones' and will be marked with appropriate signage: Wildridge Subdivision,
Wildwood Subdivision; on Hurd Lane east of Avon Road; on Stonebridge Drive; on
West Beaver Creek Boulevard, from Highway 6 to Lake Street; on Swift Gulch Road,
from the 800 block to the 1270 block; on East Beaver Creak Blvd, from Post Blvd to
the 4000 block; and on Nottingham Road, from Buck Creek Rd to the 730 block."
7) Section 1419, Driving on public park, is added to read as follows:
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
No person shall drive or cause to be driven any vehicle on any portion of a public park
or other public property other than established roadways specifically provided for public
driving, unless specifically authorized so to do by a traffic control officer."
8) Section 1709(5.5), (8), Penalty assessment notice for traffic offenses, are added to
read as follows:
5.5) If a person receives a penalty assessment notice for violation under Section
1709 and such person pays the fine and surcharge for the violation on or before the
20t' day following the date of citation, the points assessed for the violation are
reduced as follows:
a) For a violation having an assessment of three (3) points or more under Section
42-2-127, C.R.S., the points are reduced by two (2) points;
b) For a violation having the assessment of two (2) points under Section 42-2-
127, C.R.S., the points are reduced to one (1) point.
8) Whenever the Town of Avon reduces a traffic offense the reduced offense and
the points assessed for such reduced offense shall conform to the point assessment
schedule under Section 42-2-127(5), C.R.S."
9) Section 1801, Authority to impound vehicles, is amended to read as follows:
a) Whenever any police officer finds a vehicle, attended or unattended, standing upon
any portion of a street or highway right-of-way within this municipality in such a manner
as to constitute a violation of sections 1202 and 1204 of this Code, or left unattended, for
a period of 24 hours or more and presumed to be abandoned under the conditions
prescribed by Section 42-4-1802 et seq., C.R.S., such officer shall require such vehicle
to be removed or cause the same to be removed and placed in storage at the nearest garage
or other place of safety designated or maintained by this municipality.
b) In the event of abandonment of a vehicle on property within this municipality other
than public rights -of -way the owner of such property shall notify the police department
and said police, after a period of 72 hours, shall cause the abandoned vehicle to be
removed and placed in storage in the nearest garage or other place of safety designated
or maintained by the municipality.
c) Whenever any police officer finds a vehicle parked on any street or at any place within
this municipality in violation of any provision of this code or in violation of a provision
contained on any official sign, such officer may require such vehicle to be removed or
cause the same to be removed and placed in storage.
d) A vehicle illegally parked on private property shall not be impounded pursuant to
Section 1801(c) hereof unless a complaint for said violation is signed by the owner,
lessee, tenant, or authorized agent who is legally in possession or control of said property.
Ord 25-01- Adopting by Reference the 2024 Model Traffic Code
e) In the event a vehicle is impounded pursuant to subsection (a), (b), or (c) of Section
1801 hereof, the owner or driver of the vehicle shall pay as a fine a reasonable amount
for said removal or removal and storage in addition to the penalty imposed for illegal
parking or any other violation of any of the provisions hereof.
f) Whenever the police officer or any other employee of the Town of Avon so authorized
removes the vehicle and causes it to be impounded as authorized by law, and the officer
or other employee knows or is able to ascertain from the registration, or other records in
the vehicle or otherwise, the name of the owner and the address of the owner, the officer
or employee shall immediately give or cause to be given notice in writing to the owner
of the fact of removal, the reason for it and the place to which the vehicle has been
removed.
g) Whenever an officer or employee of the Town removes a vehicle from a public way
or from public or private property and does not know or is not able to ascertain the name
of the owner thereof, or for any other reason is unable to give the notice to the owner as
provided in Section 1801(f), and in the event the vehicle is not returned to the owner
within a period of three days, the Chief of Police or other employee of the Town
designated by the Chief of Police shall immediately send or cause to be sent a written
report of the removal by mail to the state department whose duty it is to register vehicles.
The notice shall include a complete description of the vehicle, the date, time and place of
removal, the reason for the removal, and the name of the garage or other place where the
vehicle is stored, with a request that the owner of the vehicle be notified immediately.
h) Whenever, pursuant to the terms of this chapter, a vehicle has been impounded by the
Town for a period of thirty days and no claim of ownership or right to possession thereof
has been made, or when a claim has been made but not established to the satisfaction of
the town manager, and no suit or action to determine the claim has been instituted, the
Town may dispose of the vehicle in the manner set out in subsection (i).
i) The Chief of Police or other employee of the Town designated by the Chief of Police
shall cause written notice to be given to all persons known by him to claim an interest in
the vehicle. The notice shall be given by delivery in person, or by certified mail,
addressed to the last known address of the business or residence of the person to be
notified. The notice shall contain the following:
1) An itemized statement of the amount due to the Town for removal of and
storage of the vehicle showing the amount due at the time of notice;
2) A description of the vehicle;
3) A demand that the amount due the Town, as stated in the notice and such
further claims as shall accrue, shall be paid and the right to the possession of the
vehicle to be established to the satisfaction of the Chief of Police on or before
the date mentioned, being not less than ten days from the delivery of the notice if
it is personally delivered, or from the date or registration of the letter, unless the
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
person notified chooses to appear before the Chief of Police or his designee
within such ten-day period and establishes that (1) the impounding of the vehicle
was improper or (2) the amount demanded is unreasonable, and the statement
that unless the amount due the Town is paid or determined not to be required and
the right to the possession of the vehicle is established to the satisfaction of the
Chief of Police within the time specified the vehicle will be advertised for sale
and sold by auction at a specified time and place.
0) In accordance with the terms of the notice provided for in Section 1801(i)(3), a sale
of the vehicle by auction may be had to satisfy the claim of the Town for the storage and
removal of the vehicle and to discharge the Town from further responsibility in
connection with the vehicle and from any duty to further retain or store the vehicle. The
sale shall be held at the place where the vehicle is stored or impounded or, if it is
manifestly unsuitable for the purpose, at the nearest suitable place and shall be made to
the highest bidder of a price at least as great as the estimated value of the vehicle. After
the time for the payment of the claim and the establishment of the satisfaction of the
Chief of Police of the right to possession of the vehicle has elapsed and notice was given
as required, an advertisement of the sale, describing the vehicle to be sold and stating the
names of all persons known by the Chief of Police to claim an interest in the vehicle, if
any, and the time and place of the sale, shall be published once a week for two
consecutive weeks in a newspaper published in the county. The sale shall be held not less
than fifteen days from the date of the first publication. The Chief of Police shall execute
and deliver a bill of sale, together with any report required by the Colorado Department
of Revenue, evidencing transfer of title to the vehicle to any purchaser.
k) From the proceeds of the sale provided for in Section 18010), the Chief of Police
shall satisfy the claim of the Town for the charges for removal and storage of the vehicle,
and for the reasonable charges or expenses for or of the notice, advertising the sale. The
balance if any, of the proceeds will be paid into the treasury of the Town and deposited
to the general fund. No claim for refund shall be made by any person entitled to it except
if the claim is made within one year from the date of any sale resulting in the payment of
any such proceeds into the treasury. A claim or refund shall be made to the town manager,
who shall make a thorough examination of the claim. The failure on the part of any person
to request the initiation of a refund to him within one year from the date of sale shall be
conclusive of the fact that he has no meritorious claim for the refund within the set period
of one year from the date of sale and he shall not therefore commence any action, suit or
proceeding whatsoever by reason of the sale for the payment of any part of the proceeds
of the sale of the entire proceeds of the sale in the treasury of the Town.
1) When any vehicle is offered for sale at auction pursuant to the terms of this Chapter
and there is no bid for the vehicle, the Chief of Police shall declare the vehicle to be sold
to the Town for the amount of the charges for the removal and storage of the vehicle, and
the charges and expenses of notice, advertisement, and sale, and shall place the vehicle
in the custody of such department of the Town as he in his sole discretion may determine,
for the sole benefit of and use of the Town.
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
m) There shall be no right of redemption from any sale made pursuant to the terms of
this section and after a vehicle has been sold pursuant to such terms, neither the Town
nor any officer, agent or employee of the Town shall be liable for failure to deliver the
vehicle to anyone other than the purchaser or purchasers at the sale.
n) Nothing contained herein shall be construed as imposing any obligation or liability
on the Town for any negligence in the towing or storage of any vehicle or with respect to
the quality of title to any vehicle."
10) Section 1903(6)(c), School bus violations — increase of penalties for traffic
violations, is hereby added to read as follows:
6)(c)Any person who violates the provisions of paragraph (a) of subsection (1) of
this section is subject to doubled penalties and surcharges."
Section 10.04.040 Penalties.
The following penalties shall apply to this Title:
1) It is unlawful for any person to violate any provision adopted in this Title.
2) Any person violating any provision of this Title may be found guilty of committing a
traffic offense or traffic infraction and sentenced by the Municipal Court as set out
below.
a) Traffic offenses shall be punished in accordance with the provisions of Section
1.08.010 of this Code, including the possibility of jail. Such offenses shall be
deemed misdemeanors and may be tried by a jury. Traffic offenses are the
following: traffic violations resulting in an accident causing personal injury, death,
or appreciable damage to the property of another; reckless driving; driving twenty-
five (25) mph or more over the speed limit; exhibition of speed or speed contest;
eluding or attempting to elude a police officer; disobeying a police officer or fire
department member; driving without insurance; failure to stop for school bus with
flashing lights; school bus failing to use flashing lights; and use of altered or
fictitious driving license.
b) Traffic infractions shall be punished by a fine only. Any violation of this Title other
than a traffic offense shall constitute a traffic infraction. The Municipal Court shall
order a schedule of fines for traffic infractions consistent with this Title. The
Municipal Court is further authorized to order individualized fines consistent with
this Title for any unscheduled traffic infraction.
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
c) References in the 2024 Model Traffic Code purporting to penalize traffic offenses
and traffic infractions on the basis of different classes are hereby repealed. There
shall be a single class of traffic offense and a single class of traffic infraction.
3) Penalties for violations for which points may not be assessed pursuant to Section 42-2-
127, C.R.S., shall be not less than forty dollars ($40.00). Penalties for violations for
which points may be assessed pursuant to Section 42-2-127, C.R.S., shall be as follows:
a) Three (3) or fewer points — not less than fifty dollars ($50.00);
b) Four (4) or five (5) points - not less than one hundred dollars ($100.00);
c) More than five (5) points — not less than one hundred fifty dollars ($150.00).
4) References in the 2024 Model Traffic Code purporting to characterize traffic violations
as misdemeanor or petty offenses are hereby repealed. Misdemeanor characterizations
shall be governed solely by AMC 10.04.040(2)(a).
5) The Municipal Court reserves the authority to order a schedule of fines in accordance
with Colorado Municipal Court Rules of Procedure Rule 210(b)(5), provided that such
schedule of fines is not inconsistent with any specific fine set forth in Chapter 10.06.
6) All fines for violations of this Title shall be paid to the Town, unless otherwise specified
in this Code.
Section 10.04.050 Application.
This Article shall apply to every street, alley, sidewalk area, driveway, park and to every
other public way or public place or public parking area, either within or outside the corporate
limits of this municipality, the use of which this municipality has jurisdiction and authority to
regulate. The provisions of Sections 1401, 1402, 1413, and Part 16 of the code, respectively
concerning reckless driving, careless driving, eluding a police officer, and accidents and accident
reports shall apply not only to public places and ways but also throughout this municipality. In
addition, any provisions of the Model Traffic Code specifically made applicable to public
property or private property shall apply throughout this municipality.
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code