8-1-40 Amendments or modifications to the 2020 Model Traffic Code for Colorado

Sec. 8-1-40. Amendments or modifications to the 2020 Model Traffic Code for Colorado.

The following amendments are made to the MTC. In the event provisions of this Chapter or amendments to the MTC reflected herein conflict with MTC, the more stringent of the rules shall prevail.

(a) Deletions from the 2020 Model Traffic Code for Colorado. The following parts and sections of the MTC are identified and declared to be inapplicable to this municipality, are therefore expressly deleted, and are not to be incorporated in the Telluride Municipal Code:

Part 1 Traffic Regulation Generally:

Section 109.5. Low-speed electric vehicles.

Section 109.6. Class B low-speed electric vehicles – effective date – rules.

Part 2 Equipment:

Section 235. Minimum standards for commercial vehicles.

Part 5 Size – Weight – Load:

Section 507. Wheel and axle loads.

Section 508. Gross weight of vehicles and loads.

Section 509. Vehicles weighed – excess removed.

Section 510. Permits for excess size and weight and for manufactured homes – rules.

Section 511. Permit standards – state and local.

Part 6 Signals – Signs – Markings:

Section 604. Traffic control signal legend.

Section 605. Flashing signals.

Section 612. When signals are inoperative or malfunctioning.

Section 613. Failure to pay toll established by regional transportation authority.

Section 616. Wildlife crossing zones – increase in penalties for moving violations.

Part 7 Rights-of-Way:

Section 706. Obedience to railroad signal.

Section 707. Certain vehicles must stop at railroad grade crossings.

Section 708. Moving heavy equipment at railroad grade crossing.

Part 10 Driving – Overtaking – Passing:

Section 1010. Driving on divided or controlled-access highways.

Section 1011. Use of runaway vehicle ramps.

Section 1012. High occupancy vehicle (HOV) and high occupancy toll (HOT) lanes.

Section 1013. Passing lane – definitions – penalty.

Part 12 Parking:

Section 1210. Designated areas on private property for authorized vehicles.

Section 1212. Pay parking access for disabled.

Part 14 Other Offenses:

Section 1408. Operation of motor vehicles on property under control of or owned by parks and recreation districts.

Section 1414. Use of dyed fuel on highways prohibited.

Section 1416. Failure to present a valid transit pass or coupon.

Part 17 Penalties and Procedure:

Section 1702. Counties – traffic offenses classified – schedule of fines.

Section 1706. Juveniles – convicted – arrested and incarcerated – provisions for confinement.

Part 18 Vehicles Abandoned on Public Property is deleted in its entirety. NOTE: Regulations concerning abandoned and inoperable vehicles are set forth in Chapter 8 Article 3 of this Code.

(1) Global changes. The following global changes are adopted:

i. All references to “arresting officer” and “police officer” are replaced with “peace officer,” and “peace officer” is as defined in Model Traffic Code Definitions (67.5).

ii. All references to surcharges are omitted.

iii. All references to “county judge” are replaced with “municipal judge.”

iv. References to Model Traffic Code Section 1701 penalties are changed to reflect Section 42-4-1701, C.R.S.

(2) Specific amendments and additions. The following amendments are hereby adopted:

A. Subsection (1.5) added to read as:

(1.5) Low-power scooters may not operate:

(a) on roadways within the municipal boundaries which are not free and clear of ice and snow.

(b) on a sidewalk except as may be necessary to enter or leave adjacent property.

(c) in the Telluride Town Park, the River Park Corridor Trail or the bicycle path along Highway 145.

B. Subsection (2) amended to read as:

(2) An operator of a low-power scooter must be at least sixteen (16) years of age.

C. Subsection (5) amended to read as:

(5) A person operating a low-power scooter upon a roadway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride as close to the right side of the roadway as practicable, except under the following situations:

(a) When overtaking and passing another vehicle proceeding in the same direction.

(b) When preparing for a left turn.

(c) When reasonably necessary to avoid conditions, including but not limited to fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards or substandard width lanes (those lanes which are too narrow for a low-power scooter and another vehicle to travel safely side by side within the lane), which make it unsafe to continue along the right-hand curb or right edge of the roadway, subject to Section 1412.

D. Subsection (5.5) added to read as:

(5.5) Wherever a bicycle lane has been established on a roadway, but not including the bicycle path on Hwy 145, any person operating a low-power scooter upon the roadway shall ride within the bicycle lane, except that the person may move out of the lane under any of the following situations:

(a) When overtaking and passing another vehicle or pedestrian within the lane or when about to enter the lane if the overtaking and passing cannot be done safely within the lane.

(b)When preparing for a left turn.

(c) When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.

(d) When approaching a place where a right turn is authorized.

(e) No person operating a low-power scooter shall leave a bicycle lane until the movement can be made with reasonable safety and then only after giving an appropriate signal in the manner provided in section 1412.

E. Subsection (6) amended to read as:

(6) Persons riding low-power scooters upon a roadway shall ride only in single file.

2. Section 109.7, Low-Speed Electric Vehicles, added to read as:

(1) Low-speed electric vehicles may be operated on all streets within the municipal boundaries with a posted speed limit of thirty-five (35) miles per hour or less; provided however, that such low-speed electric vehicles shall be allowed to cross, at intersections, streets and highways that have posted speed limits in excess of thirty-five (35) miles per hour.

(2) No person shall operate a low-speed electric vehicle on public trails or paths, including the bicycle path along Hwy 145.

(3) Every person operating a low-speed electric vehicle shall be subject to all of the duties and penalties applicable to the driver of a motor vehicle as set forth in this code.

(4) An operator of a low-speed electric vehicle shall possess a currently valid driver’s license, minor driver’s license or provisional driver’s license.

(5) Any person who violates a provision of this section commits a class A traffic infraction.

A. Subsection (1.5) added to read as:

(1.5) Every vehicle upon the bike path adjacent to Highway 145, between sunset and sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the bike path are not clearly discernible at a distance of two hundred feet ahead, shall display lighted lamps and have rear reflectors.

A. Subsection (3.5) added to read as:

(3.5) This Section 206 shall not apply to low-speed electric vehicles.

A. Subsection (2.5) added to read as:

(2.5) A low-power scooter shall operate in a manner so that the electric motor

(a) is disengaged or ceases to function when the brakes are applied; or

(b) is engaged through a switch or mechanism that, when released, will cause the electric motor to disengage or cease to function.

A. Subsection (1.5) deleted.

A. Subsection (2.5) amended to read as:

(2.5) This Section 226 shall not apply to low-speed electric vehicles.

A. Subsection (1)(a) amended to read as:

(1)(a) All machinery, equipment, and vehicles designed to operate or normally operated at a speed of less than twenty-five miles per hour on a public highway shall display a triangular slow-moving vehicle emblem on the rear.

B. Subsection (1)(c) amended to read as:

(1)(c) Bicycles, electrical assisted bicycles, low-speed electric vehicles and other human-powered vehicles shall be permitted but not required to display the emblem specified in this subsection (1).

A. Subsection (1) deleted.

A. Subsection (4.5) added to read as:

(4.5) The provisions of subsections (3) and (4) of this section shall not apply to bicycles, electrical assisted bicycles, and low-power scooters.

(a) A person riding a bicycle, electrical assisted bicycle, or low-power scooter and approaching an intersection of a roadway with a stop sign shall slow down and, if required for safety, stop before entering the intersection. If a stop is not required for safety, the person shall slow to a reasonable speed and yield the right-of-way to any traffic or pedestrian in or approaching the intersection. After the person has slowed to a reasonable speed and yielded the right-of-way if required, the person may cautiously make a turn or proceed through the intersection without stopping.

(b) For purposes of this subsection (4.5), a reasonable speed is five (5) miles per hour or less.

A. Subsection (1) amended to read as:

(1) When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a marked crosswalk or an unmarked crosswalk at an intersection when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

A. Subsection (2) amended to read as:

(2) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any private vehicle where such conduct creates a traffic hazard or endangers any person. For the purposes of this subsection (2), “roadway” means that portion of the road normally used by moving motor vehicle traffic.

1. Section 1101 Speed Limits. Subsection (1) amended to read as:

(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing. Speeds in excess of any posted limit shall not be considered reasonable and prudent.

A. Subsections 1204(1)(l) and (1)(m) added to read as:

(1)(l) Within an alley except during the necessary and expeditious loading and unloading of merchandise or freight;

(1)(m) Within an alley in such a position as to block the driveway entrance to any abutting property.

B. Subsection 1204(2)(a) amended to read as:

(2)(a) Within five feet of a public or private driveway, including any alley;

C. Subsections 1204(2)(g) and (2)(h) added to read as:

(2)(g) In such a manner as to leave available less than two (2) feet clearance between vehicles;

(2)(h) In any place officially marked as a passenger loading zone, during hours when regulations applicable to such loading zone are effective, for any purpose or period of time other than for a period not to exceed five minutes for the expeditious loading or unloading of passengers.

D. Subsections 1204(3)(c) and (3)(d) added to read as:

(3)(c) Upon a street or highway in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance;

(3)(d) Upon a roadway for the principal purpose of:

(I) Displaying such vehicle for sale;

(II) Washing, greasing, painting or repairing such vehicle except repairs necessitated by an emergency;

(III) Displaying advertising.

E. Subsection 1204(3.7) added to read as:

(3.7) No person shall park a trailer on any public street, right-of-way or in any public parking lot for more than seventy-two (72) hours or for the principal purpose of storage for more than seventy-two (72) hours. Any such trailer may be impounded under Section 8-3-30(16) of the Telluride Municipal Code.

F. Subsection 1204(4)(a) amended to read as:

(4)(a) Paragraph (a) of subsection (1) of this section shall not prohibit persons from parking bicycles or electrical assisted bicycles on sidewalks in accordance with the provisions of section 1412 (11).

G. Subsection 1204(9) added to read as:

(9) No person shall erase, remove, alter or otherwise tamper with markings or other detection materials placed on any vehicle, vehicle tire or pavement for the purpose of enforcement of timed parking.

A. Section 1210.5 added to read as:

(1) Parking Meter Zones: Whenever parking meter zones have been established on streets or in regulated parking areas, the parking of vehicles at places, street or parts of streets so designated shall be controlled by parking meters between the hours and on the days declared in said schedules or records and specified on authorized parking meter signs or legends.

(2) Parking Meter Equipment: Parking meters installed in parking meter zones established shall be so designed, constructed, installed and set as to meet the following conditions:

(a) Said meters shall be capable of being operated, either automatically or mechanically upon the deposit therein of United States currency or coins or authorized cards or tokens or any other means of payment established by the Town, for the full period of time for which parking is lawfully permitted in any such parking meter zone or, in lieu thereof, for an appropriate fractional period of time. Meters may, as indicated by authorized parking meter signs or legends, regulate parking in either individual parking spaces or multiple spaces.

(b) Individual space parking meters. Upon the expiration of the time period registered by the deposit of currency, coins, authorized tokens or cards as provided herein, parking meters for individual parking spaces shall indicate by an appropriate signal that the lawful parking meter period has expired, and during said period of time and prior to the expiration thereof, will indicate the interval of time which remains of such period.

(c) Multiple space parking meters. Upon the deposit of currency, coins, authorized tokens or cards as provided herein, parking meters regulating multiple parking spaces shall issue a printed receipt indicating the date of issuance, expiration time of the interval of authorized parking, and, if applicable, the location of the parking space.

(d) Each parking meter shall bear thereon an authorized sign or message clearly legible indicating the days and hours when the requirements to deposit currency, coins, authorized tokens or cards shall apply, the value of the currency, coins, authorized tokens or cards to be deposited, and the limited period of time for which parking is lawfully permitted in the parking meter zone in which such meter is located.

(e) The Town may authorize the use of portable, in-vehicle meters for use in parking meter zones. Such portable meters, when properly operated, may be used in lieu of individual parking meters or receipts issued by multiple space parking meters. Portable meters, when used, must be clearly visible, hanging from the rear view mirror of the vehicle for which the meter is used or otherwise displayed as required.

(3) Parking Meter Spaces:

(a) Individual parking meters. Parking meter spaces for individual space parking meters shall be of appropriate length and width as determined by the Town engineer and may be designated by appropriate markings on the curb and/or pavement of the street. Every vehicle parked in an angle or perpendicular parking space regulated by an individual space parking meter shall be parked wholly in the metered space, with the front end or front portion of such vehicle immediately adjacent to the parking meter for such space. Every vehicle parked in a parallel parking space regulated by an individual space parking meter shall be parked wholly in the metered space, with its front end or portion of the rear end or rear portion of such vehicle immediately adjacent to the parking meter for such space.

(b) Multiple space parking meters. In zones regulated by multiple space parking meters, vehicles shall be parked either parallel, perpendicular or diagonal to the curb, as may be indicated by official signs. Vehicles parked in a manner so that any portion of the vehicle is within the zone regulated by a multiple space meter shall be required to pay the amount indicated by the meter for parking in that zone. Every vehicle parked in designated space regulated by a multiple space parking meter shall be parked wholly in the metered space.

(c) Except where prohibited by other provisions of this code, a vehicle which is of a size too large to be parked within a single parking meter space shall be permitted to occupy two adjoining parking meter spaces when currency, coins, authorized tokens or cards have been deposited in the parking meter for each space so occupied as is required for the parking of other vehicles in such spaces.

(4) Deposit of currency, coins, tokens or cards for metered parking; time limits.

(a) Individual space parking meters. No person shall park a vehicle in any parking space upon a street alongside of, next to or adjacent to which an individual parking space meter has been installed during the restricted and regulated time applicable to the parking meter zone in which such meter is located unless currency, coins, authorized tokens or cards of the appropriate denomination as provided in this code shall have been deposited therein, or shall have been previously deposited therein for an unexpired interval of time, and said meter has been placed in operation.

(b) Multiple space parking meters. No person shall park a vehicle in any multiple space parking meter zone, as indicated by official signs, during the restricted and regulated time applicable to the multiple space parking meter zone unless currency, coins, authorized tokens or cards of the appropriate denominations as provided in this code shall have been deposited therein, a receipt therefor received from the multiple space parking meter, and the receipt clearly and properly displayed on the dashboard indicating an unexpired interval of time; or such vehicle displays a validly issued and properly operated portable, in-vehicle meter. No person shall display more than one multiple space parking meter receipt on the dashboard of any vehicle at one time, except as may be required pursuant to Section 1214(3).

(c) No person shall permit a vehicle under the person’s control to be parked in any parking meter space or parking meter zone for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the parking meter space or zone, irrespective of the number or amount of currency, coins, authorized tokens or cards deposited in the meter regulating such space or zone.

(d) No person shall permit a vehicle within his control to be parked in any parking meter space or zone during the restricted and regulated time applicable to the parking meter space or zone while the parking meter for such space indicates by signal that the lawful parking time in such space is expired, or in multiple space parking meter zones, without displaying a valid multiple space parking meter receipt. This provision shall not apply to the act of parking or the necessary time which is required to deposit immediately thereafter currency, coins, authorized tokens or cards in such meter.

(e) A vehicle may be parked in a parking meter space or zone without operation of the meter on such days and during those hours of the day when the requirement to deposit currency, coins, authorized tokens or cards does not apply, as determined from the parking meter sign or legend.

(f) The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of this code or official signs or parking meter legends prohibiting or limiting the stopping, standing or parking of vehicles in specified places at specified times, or in a specified manner.

(g) No person shall deposit or attempt to deposit in any parking meter any slug, button or any other device or substance as substitutes for currency, coins, authorized tokens or cards, and no person shall deposit any lawful currency, coin, authorized token or card that is bent, cut, torn, battered or otherwise misshapen.

(h) If the most convenient parking meter in a multiple space parking meter zone is not working properly, a person is obligated to go to another parking meter.

(5) Any person who commits a violation of this section commits a Class B infraction and is subject to the penalty schedule for Section 1204.

1. Section 1407 Spilling loads on highways prohibited – prevention of spilling of aggregate, trash, or recyclables. Subsection (2.5)(a) amended by deletion of the words “on any highway for a distance of more than two miles.”

A. Subsection (10)(a) amended to read as:

(10)(a) A person riding a bicycle or electrical assisted bicycle upon and along a sidewalk or designated bicycle path or lane or across a roadway shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. In the Commercial Core, a pedestrian shall yield the right-of-way to any person riding a bicycle upon and along any designated bicycle path or lane, except at a marked crosswalk or an unmarked crosswalk at an intersection.

B. Subsection (10)(b) amended to read as:

(10)(b) A person shall not ride a bicycle or electrical assisted bicycle upon and along any sidewalk in the Commercial Core or along any sidewalk or across a roadway where prohibited by official traffic control devices or local ordinances.

C. Subsection (11) amended to read as:

(11)(a) A person may park a bicycle, electrical assisted bicycle, or toy vehicle on a sidewalk unless prohibited or restricted by an official traffic control device or local ordinance.

(b) A bicycle, electrical assisted bicycle or toy vehicle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.

(c) Except in the Commercial Core, a bicycle or electrical assisted bicycle may be parked on the road at any angle to the curb or edge of the road at any location where parking is allowed.

(d) Except in the Commercial Core, bicycles and electrical assisted bicycles may be parked abreast on the road as close to the side of the road as possible, or at any location where parking is allowed in such a manner as does not impede the normal and reasonable movement of traffic.

(e) In the Commercial Core, no bicycle may park on the street except in designated bicycle parking areas.

(f) In all other respects, bicycles and electrical assisted bicycles parked anywhere on a highway shall conform to the provisions of part 12 of this Code regulating the parking of vehicles.

D. Subsection (11.5) added to read as:

(11.5) Skateboards and Toy Vehicles

(a) No person shall ride or travel upon a skateboard or toy vehicle on any sidewalk in the Commercial Core, nor shall any such person interfere with vehicle, bicycle or pedestrian traffic.

(b) No person riding or traveling upon a skateboard shall strike, bounce, jump or ricochet off or against curbs, buildings or other structures in the Commercial Core area, or attempt to do so.

3. Section 1413, Eluding or attempting to elude a peace officer, amended to read as:

Any operator of a motor vehicle who the officer has reasonable grounds to believe has violated a state law or municipal ordinance, who has received a visual or audible signal such as a red light or a siren from a peace officer driving a marked vehicle showing the same to be an official police, sheriff, Telluride Marshal’s Office or Colorado state patrol car directing the operator to bring the operator’s vehicle to a stop, and who willfully increases his or her speed or extinguishes his or her lights in an attempt to elude such peace officer, or willfully attempts in any other manner to elude the peace officer, or does elude such peace officer commits a class 2 misdemeanor traffic offense.

1. Preface amended to omit subsections (2) and (3).

2. Section 1701, Traffic violations classified, amended to read as:

(1) As set forth in the Schedule of Penalty Assessments in Telluride Municipal Code Section 8-1-60(c), traffic violations shall be classified as follows:

Class

Minimum Penalty

A

$30 penalty

B

$30 penalty

1

$600 penalty

2

$300 penalty

(2)(a) The term ‘traffic violation’ shall include all Class A and Class B traffic infractions and Class 1 and Class 2 traffic offenses of the Model Traffic Code, and all such traffic violations are decriminalized in the Town of Telluride. Traffic violations shall be classified noncriminal matters to be tried before the court without right to jury trial. No person found liable for a traffic violation shall be punished by imprisonment.

(b) Violation of any other section of the Model Traffic Code is classified as a misdemeanor and considered a criminal matter. The maximum punishment upon a finding of guilty for any criminal violation shall be as set forth in Section 1-4-10(a)(1).

(3) Points will be assessed pursuant to C.R.S. 42-2-127 for Class A, Class 1 and Class 2 traffic violations. No points will be assessed for Class B traffic violations.

(4) If a person receives a penalty assessment notice for a Class A, Class 1 or Class 2 traffic violation, and such person pays the penalty assessment for the violation within 20 days of issuance of the citation, the points assessed for the violation shall be reduced as follows:

(a) For a violation having an assessment of three or more points under CRS 42-2-127 (5), the points are reduced by two points;

(b) For a violation having an assessment of two points under CRS 42-2-127 (5), the points are reduced by one point.

(5) Penalty assessments for traffic violations of this code shall be as set forth in Telluride Municipal Code Section 8-1-60(c) as amended.

Class	Minimum Penalty
A	$30 penalty
B	$30 penalty
1	$600 penalty
2	$300 penalty

A. Subsection (1)(c) is deleted.

B. Subsection (1)(e) amended to read as:

(1)(e) In any other event when the provisions of this part 17 apply and the person arrested refuses to give their written promise to appear in court as provided in section 1707.

C. Subsection (2) amended with a change in reference from “42-4-1707” to “section 1707.”

D. Subsection (3) is deleted.

A. Subsection 1707(1)(a) amended to read as:

(1)(a) Whenever a person commits a violation of this title punishable as a misdemeanor, petty offense, or misdemeanor traffic offense, other than a violation for which a penalty assessment notice may be issued in accordance with the provisions of section 1701 and C.M.C.R., and such person is not required by the provisions of section 1705 to be arrested and taken without unnecessary delay before a municipal judge, the peace officer may issue and serve upon the defendant a summons and complaint which must contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant’s driver’s license, if any, a citation of the ordinance or MTC Section alleged to have been violated, a brief description of the offense, the date and approximate location thereof, and the date the summons and complaint is served on the defendant; shall direct the defendant to appear in a specified court at a specified time and place; shall be signed by the peace officer; and shall contain a place for the defendant to execute a written promise to appear at the time and place specified in the summons portion of the summons and complaint.

B. Subsection 1707(3)(a) amended to read as:

(3)(a) Whenever a penalty assessment notice for a misdemeanor, petty offense, or misdemeanor traffic offense is issued pursuant to section 1701, the penalty assessment notice that shall be served upon the defendant by the peace officer shall contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant’s driver’s license, if any, a citation of the ordinance or MTC Section alleged to have been violated, a brief description of the offense, the date and approximate location thereof, the amount of the penalty prescribed for the offense, the number of points, if any, prescribed for the offense pursuant to section 42-2-127, and the date the penalty assessment notice is served on the defendant; shall direct the defendant to appear in a specified municipal court at a specified time and place in the event the penalty is not paid; shall be signed by the peace officer; and shall contain a place for the defendant to elect to execute a signed acknowledgment of liability or guilt and an agreement to pay the penalty prescribed prior to the court date specified on the penalty assessment notice, as well as such other information as may be required by ordinance and C.M.C.R. to constitute the penalty assessment notice to be a summons and complaint, should the prescribed penalty not be paid within the time allowed by ordinance or court order.

A. Subsection (1) amended to read as:

(1) Whenever a penalty assessment notice for a traffic infraction is issued pursuant to Section 1701, the penalty assessment notice which shall be served upon the defendant by the peace officer shall contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant’s driver’s license, if any, a citation of the ordinance or MTC Section alleged to have been violated, a brief description of the traffic infraction, the date and approximate location thereof, the amount of the penalty prescribed for such traffic infraction, the number of points, if any, prescribed for such traffic infraction pursuant to section 42-2-127, C.R.S., and the date the penalty assessment notice is served on the defendant; shall direct the defendant to appear in a specified court at a specified time and place in the event such penalty is not paid; shall be signed by the peace officer; and shall contain a place for the defendant to elect to execute a signed acknowledgment of liability and an agreement to pay the penalty prescribed prior to the court date specified on the penalty assessment notice, as well as such other information as may be required by law to constitute such penalty assessment notice to be a summons and complaint, should the prescribed penalty not be paid within the time allowed by ordinance or court order.

A. Subsections (2) through (4) amended to read as:

(2) If the violator answers that he or she is liable for or guilty of the violation or if the violator fails to appear for the hearing in the case of a traffic infraction, judgment shall be entered against the violator.

(3) If the violator denies the allegations in the complaint, a final hearing on the complaint shall be held subject to the provisions regarding a speedy trial which are contained in Telluride Municipal Code §2-3-310 and §2-3-70, and C.M.C.R. 248, as applicable. If the violator is found liable or guilty at such final hearing or if the violator fails to appear for a final hearing, judgment shall be entered against the violator.

(4) If judgment is entered against a violator, the violator shall be assessed an appropriate penalty, a docket fee, and other applicable costs authorized by ordinance or by the court. If the violator had been cited by a penalty assessment notice, the penalty shall be assessed pursuant to this Code.

7. Section 1717.2, Notice on illegally parked vehicles, added to read as:

Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the restrictions imposed by the ordinances of this municipality, the peace officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a penalty assessment notice directing the driver thereof to respond to and answer the charge against him at a place and at a time specified in said notice.

8. Section 1717.5, Failure to comply with notice on parked vehicle, added to read as:

If the driver or owner of an unattended motor vehicle charged with an apparent violation of the restrictions on stopping, standing or parking under the traffic ordinances of this municipality does not respond within the time specified to a penalty assessment notice affixed to such vehicle, as provided in section 1718, by appearance and payment at the municipal court, or by mailing payment by means of the United States mail, or by other disposition of the charge as provided by law, the clerk of the municipal court shall send a notice that default judgment has been entered by the Court, by mail to the registered owner of the vehicle to which the original notice was affixed. In the event such notice is disregarded for a period of seven (7) days from the date of mailing, the Town may exercise any other available legal remedy, including impoundment of the vehicle pursuant to Section 8-3-30(11) of the Telluride Municipal Code.

9. Section 1717.7, Presumption in reference to vehicle owners, added to read as:

In any prosecution charging a violation of any provision of this code or any municipal ordinance, proof that the particular vehicle described in the complaint, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

1. Subsection (17.2) added to read as:

(17.2) “Commercial Core” means that portion of Colorado Avenue bounded by and including Willow Street and Davis Street; Columbia Avenue bounded by and including Willow Street and Aspen Street; Pacific Avenue bounded by and including Willow Street and Aspen Street; and San Juan Avenue bounded by and including Pine Street and Aspen Street.

2. Subsection (28.5), “Electrical assisted bicycle,” amended by the replacement of “three wheels” with “one (1) to four (4) wheels.”

3. Subsection (28.7), “Electric personal assistive mobility device,” amended by the replacement of “nontandem” with “one-wheeled or nontandem.”

4. Subsection (67.5) is added to read as:

(67.5) “Peace Officer” means the Town Marshal or any of his or her deputies and any Code Enforcement Officer employed by the Town and a person who meets all standards imposed by law on a Peace Officer. A Peace Officer may be certified by the Peace Officer Standards and training board pursuant to Part 3 of Article 31 of Title 24, C.R.S., and, at a minimum, has the authority to enforce all the laws of the State of Colorado while acting within the scope of his or her authority and in the performance of his or her duties.

5. Subsection (105), “Trailer,” amended to read as:

(105) “Trailer” means any wheeled vehicle, without motive power, which is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure and that is generally and commonly used to carry and transport property over the public highways. The term includes, but is not limited to, Multipurpose Trailers, Semitrailers, and Utility Trailers as defined in subsections (60.3), (89) and (111) respectively of this section.

(Ord. 1513 §§1 (Exh. A), 2, 3, 2020)