A. Subsection 9 of Section 109 of Part 1 of the Model Traffic Code, concerning skateboards, skis, skates, and toy vehicles in rights-of-way, is hereby amended to read as follows:

109. Low-Powered Scooters, Animals, Skis, Skates and Toy Vehicles on Highways

9. No person shall use the highways for traveling on skis, toboggans, coasting on sleds, skates, skateboards, motorized skateboards, or similar devices. It is unlawful for any person to use any roadway of this municipality as a sled or ski course for the purpose of coasting on sleds, skis, or similar devices. It is also unlawful for any person upon roller skates, a skateboard, a motorized skateboard, or riding in or by means of any coaster, toy vehicle, or similar device to go upon any roadway except while crossing a highway in a crosswalk and so crossing such person shall be granted all of the rights subject to all of the duties applicable to pedestrians. This subsection (9) does not apply to any public way which is set aside by proper authority as a play street and which is adequately roped off or otherwise marked for such purpose.

B. Subsection (3) of Section 114 of Part 1 of the Model Traffic Code, concerning traffic hazards, is amended to read as follows:

114. Removal of Traffic Hazards

(3) In the event that any property owner fails or neglects to trim or remove any such tree limb or any such shrub, vine, hedge or other plant within ten (10) days after receipt of written notice from the Town of Parachute to do so, the Town may do or cause to be done the necessary work incident thereto, and said property owner shall reimburse the Town for the cost of the work performed. Such costs, from the time the same shall become due and payable, shall become and remain a lien on the premises until such costs have been paid to the Town. This lien on the premises may be foreclosed by an action at law or in equity in the name of the Town and in the court having jurisdiction thereof. If the Town must resort to court action for collection of amounts due, the Town shall be entitled to its reasonable attorney’s fees and other expenses incurred in such action if the Town prevails. In the event such costs are not paid by the property owner when due, the Town Treasurer may certify the amount of the same to the County Treasurer, to be placed on the tax list for the current year, and to be collected in the same manner as other taxes are collected with ten percent (10%) added thereto to defray the costs of collection, pursuant to Section 31-20-105, C.R.S., as amended.

C. Subsection (5) of Section 116 of Part 1 of the Model Traffic Code, concerning restrictions for minor drivers, is hereby amended to read as follows:

116. Restrictions for minor drivers-definitions.

(5) No driver in a motor vehicle shall be cited for a violation of this Section unless such driver was stopped by a law enforcement officer for an alleged violation of the Model Traffic Code other than a violation of this Section.

D. Subsection (3) of Section 117 of Part 1 of the Model Traffic Code concerning limitations on use of EPAMDs is hereby amended to read as follows:

117. Personal mobility devices.

(3) An EPAMD shall not be operated:

(a) On a limited-access highway; or

(b) At a speed greater than twelve and one-half (12.5) miles per hour.

E. Subsection (4) of Section 229 of Part 2 of the Model Traffic Code, concerning safety glazing material, is hereby amended to read as follows:

229. Safety glazing material in motor vehicles.

(4) No person shall operate a motor vehicle on any highway within this municipality unless such vehicle is equipped with a front windshield as provided in this Section except as provided in Section 232(1) and except for motor vehicles registered as collector’s items under Section 42-3-219, C.R.S.

F. Section 235 of Part 2 of the Model Traffic Code, Equipment, is hereby amended to read as follows:

235. Minimum standards for commercial vehicles-spot inspections.

(1) A police officer may, at any time, require the driver of any commercial vehicle, as defined in Section 235 (3) below, to stop so that the officer may inspect the vehicle and all required documents for compliance with the rules and regulations promulgated by the Colorado Department of Public Safety, Colorado Code of Regulations Volume 8, 1507-1 “Minimum Standards for the Operation of Commercial Vehicles.”

(2) A police officer may immobilize, impound or otherwise direct the disposition of a commercial vehicle when it is determined that the motor vehicle or operation thereof is unsafe and when such immobilization, impoundment, or disposition is appropriate under the rules and regulations promulgated by the Colorado Department of Public Safety, Colorado Code of Regulations Volume 8, 1507-1 “Minimum Standards for the Operation of Commercial Vehicles.”

(3) As used in this section, unless the context otherwise requires, “commercial vehicle” means:

(a) Any self propelled or towed vehicle bearing an apportioned plate or having a manufacturer’s gross vehicle weight rating or gross combination rating of ten thousand one (10,001) pounds or more, which vehicle is used in commerce on public highways of this State or is designed to transport sixteen (16) or more passengers, including the driver, unless such vehicle is a school bus regulated pursuant to Section 1904 or any vehicle that does not have a gross vehicle weight rating of twenty-six thousand one (26,001) or more pounds and that is owned or operated by a school district so long as such school district does not receive remuneration for the use of such vehicle, not including reimbursement for the use of such vehicle;

(b) Any motor vehicle designed or equipped to transport other motor vehicles from place to place by means of winches, cables, pulleys, or other equipment for towing, pulling, or lifting, when such motor vehicle is used in commerce on public highways of this state; and

(c) A motor vehicle that is used on the public highways and transports materials determined by the Secretary of Transportation to be hazardous under 49 U.S.C. Section 5103 in such quantities as to require placarding under 49 C.F.R. 172 and 173.

G. Part 2 of the Model Traffic Code, Equipment, is hereby amended to include the following additional section:

241. Use of tire chains on commercial vehicles prohibited.

No person shall drive any commercial vehicle, including a motor vehicle, truck, truck tractor, trailer or semi-trailer used in the business of transporting persons or property over the public highways for profit, hire or otherwise in any business or commercial enterprise, equipped with tire chains within the corporate limits of the Town of Parachute.

H. Section 501 of Part 5 of the Model Traffic Code, concerning size and weight limitations, is hereby amended to read as follows:

501. Size and weight violations – penalty.

Except as provided in Section 509, it is a traffic offense for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or vehicles of a size or weight exceeding the limitations stated in Sections 502 to 513 or otherwise in violation of said sections or Section 1407, except as permitted in Section 510.

I. Part 5 of the Model Traffic Code, concerning size, weight and load of vehicles, is hereby amended to include the following additional section:

513. Weight limits on certain streets or parts thereof.

When official signs are erected giving notice thereof, no person shall operate any vehicle with a weight limit in excess of the amount specified on such signs at any time upon any of the streets.

J. Section 614 of Part 6 of the Model Traffic Code is amended to read as follows:

614. Designation of highway maintenance, repair, or construction zones-signs-increase in penalties for speeding violations.

(1) If maintenance, repair, or construction activities are occurring or will be occurring within four (4) hours on a local street or State highway, local authorities within their jurisdiction, may designate such portion of the highway as a highway maintenance, repair, or construction zone. Any person who commits a speeding violation in a maintenance, repair or construction zone shall be subject to double the fine normally imposed for the applicable speeding violation.

(2) Local authorities, within their jurisdiction, shall designate by appropriate signs that maintenance, repair or construction activity is taking place or will be taking place within four (4) hours. Such signs shall notify the public that increased penalties for speeding violations are in effect in such zone. Local authorities shall erect or place a second sign after such zone indicating that increased penalties for speeding violations are no longer in effect. A maintenance, repair or construction zone begins at the location of the sign indicating that increased penalties are in effect and ends at the location of the sign indicating that the increased penalties are no longer in effect.

(3) Signs used for designating the beginning and end of a maintenance, repair or construction Zone shall conform to the Colorado Department of Transportation requirements. Local authorities may display such signs on a fixed, variable or movable stand. Local authorities may place such sign on a moving vehicle if required for certain activities, including, but not limited to, highway painting work.

K. Subsection (1) of Section 615 of Part 6 of the Model Traffic Code, concerning school zones, is hereby amended to read as follows:

615. School zones-increase in penalties for moving traffic violations.

(1) Any person who commits a moving traffic violation in a school zone is subject to double the fine normally imposed for any moving violation, whether a criminal traffic offense or a non-criminal traffic offense, that occurs in a school zone.

L. Part 6 of the Model Traffic Code, concerning signals, signs and markings, is amended to include the following additional section:

616. Barricades.

Whenever barricades are erected to close off part or all of a highway, as authorized by Section 42-4-111, C.R.S., no person shall drive around, through, or between such barricades or into the barricaded area except as directed or permitted by official signs or in compliance with the directions of a law enforcement officer or other authorized person.

M. Section 702 of Part 7 of the Model Traffic Code is amended to read as follows:

702. Vehicle turning left.

Unless there is an official traffic control arrow signal regulating the left turn, the driver of a vehicle intending to turn left within an intersection, or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

N. Subsection (3) of Section 703 of Part 7 of the Model Traffic Code, concerning entering through highway at stop or yield intersection, is amended to read as follows:

703. Entering through highway-stop or yield intersection.

(3) Except when directed to proceed by law enforcement officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop sign, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways, except that if the driver is involved in a collision with a vehicle, after driving past a stop sign, such collision shall be deemed prima facie evidence of his or her failure to yield the right-of-way.

O. Subsection (3) of Section 712 of Part 7 of the Model Traffic Code, concerning driving in highway work areas, is amended to read as follows:

712. Driving in highway work areas.

(3) Local road authorities, in cooperation with law enforcement agencies, may train and appoint adult civilian personnel for special traffic duty as highway flag-persons within any highway maintenance or construction work area. Whenever such duly authorized flag-persons are wearing the badge, insignia, or uniform of their office, or engaged in the performance of their respective duties, and are displaying any official hand signal device of any 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 proceed, no person shall willfully fail or refuse to obey the visible instructions or signals so displayed by such flag-person. Any alleged willful failure or refusal of the driver to comply with such instructions or signals, including information as to the identity of the driver and license plate number of the vehicle alleged to have been driven in violation, shall be reported by the work area supervisor in charge at the location to the municipal prosecutor or district attorney for appropriate penalizing action in a court of competent jurisdiction.

P. Section 1101 of Part 11 of the Model Traffic Code, concerning speed limits, is amended to read as follows:

1101. Speed limits.

(1) No person shall drive a vehicle on a traveled roadway or highway within this municipality at a speed greater than the posted speed limit, and in no event greater than seventy-five (75) miles per hour, or if there is no posted speed limit, greater than the applicable speed set forth in subsection (2) below.

(2) Except when a special hazard exists that requires a lower speed limit, the following speeds shall be lawful:

(a) Twenty-five (25) miles per hour in any business district, as defined in Section 42-1-102 (11) C.R.S.;

(b) Thirty (30) miles per hour in any residence district, as defined in Section 42-1-101 (80), C.R.S.;

(c) Twenty (20) miles per hour in any alley; and

(d) Any speed not in excess of the speed limit designated by official traffic control devices.

(3) No driver of a vehicle shall fail to decrease the speed of such vehicle from an otherwise lawful speed to reasonable and prudent speed when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

(4) Notwithstanding any other provision of this section, no person shall drive a low-power scooter on a roadway at a speed in excess of forty (40) miles per hour.

(5) It shall not be a defense to prosecution for a violation of this section that:

(a) The defendant’s conduct was not performed intentionally, knowingly, recklessly, or with criminal negligence; or

(b) The defendant’s conduct was performed under a mistaken belief of fact, including, but not limited to, a mistaken belief of the defendant regarding the speed of the defendant’s vehicle; or

(c) The defendant’s vehicle has a greater operating or fuel-conserving efficiency at speeds greater than the maximum lawful speed limit.

(6) The conduct of a driver of a vehicle which would otherwise constitute a violation of this section is justifiable and not unlawful when:

(a) It is necessary as an emergency measure to avoid an imminent or public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of said driver and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the consequences sought to be prevented by this section; or

(b) With respect to authorized emergency vehicles, the applicable conditions for exemption, as set forth in Section 108, exist.

(7) The provisions of this section shall not be construed to relieve the party alleging negligence under this section in any civil action for damages from the burden of proof proving that such negligence was the proximate cause of an accident.

Q. Section 1201 of Part 12 of the Model Traffic Code, concerning parking of vehicles, is amended to read as follows:

1201. Moving a parked vehicle.

No person shall move a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety.

R. Section 1202 of Part 12 of the Model Traffic Code, concerning parking of vehicles, is amended to read as follows:

1202. Parking or abandonment of vehicles.

No person shall stop, park, or leave standing any vehicle, either attended or unattended, upon the paved or improved main-traveled part of the highway. Nothing contained in this Section shall apply to the driver of any vehicle which is disabled while on the paved or improved main-traveled portion of a highway in such a manner and to such extent that is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position, subject, when applicable, to emergency lighting requirements set forth in Section 230.

S. Section 1203 of Part 12 of the Model Traffic Code is amended to read as follows:

1203. Parking for certain purposes prohibited.

No person shall park a vehicle upon a roadway for the principal purpose of;

(a) Displaying such vehicle for sale;

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

(c) Displaying advertising;

(d) Selling from such vehicle or storing merchandise for sale or for any other commercial use of any kind or nature, except as specifically allowed by the Parachute Municipal Code.

T. Subsection (1) of Section 1204 of Part 12 of the Model Traffic Code concerning parking of vehicles is amended to read as follows:

1204. Stopping, standing, or parking prohibited in specified places.

(1) Except as otherwise provided in Subsection 4 of this Section no person shall stop, stand, or park a vehicle, including bicycles and electrically assisted bicycles, except when necessary to avoid a conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device, in any of the following places:

(a) On a sidewalk;

(b) Within an intersection;

(c) On a crosswalk;

(d) Between a safety zone and an adjacent curve or within thirty feet (30') of points on the curb immediately opposite the ends of the safety zone unless the traffic authority indicates a different length by signs or markings;

(e) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

(f) On the roadway side of any vehicle stopped or parked at the edge or curb of the street;

(g) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

(h) On any railroad tracks;

(i) Within an alley except during any expeditious loading and unloading of merchandise or freight and in no case shall a stop for loading or unloading of materials exceed thirty (30) minutes;

(j) On a controlled access highway;

(k) In the area between roadways of a divided highway, including crossovers; and

(l) At any other place where official signs prohibit stopping.

U. Section 1204 of Part 12 of the Model Traffic Code, concerning parking of vehicles, is hereby amended to add a new subsection (7) to read as follows:

(7) At any place within this municipality where clearly marked signs or markings are posted by the owner, or lessee, of private property, giving notice of any stopping, standing or parking restrictions or prohibitions, no person shall stop, stand or park a vehicle in any manner in violation of the provisions contained on such sign or signs. Any violation thereof shall be punished as in other cases of unlawful parking; provided, however, that the Police Department shall require the owner or lessee of the property to sign a complaint prior to taking action.

V. Section 1205 of Part 12 of the Model Traffic Code, concerning parking of vehicles, is amended to read as follows:

1205. Parking at Curb or Edge of Roadway.

(1) Except as otherwise provided in this Section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right hand wheels parallel to and within twelve inches (12") of the right hand curb or as close as practicable to the right edge of the right-hand shoulder.

(2) Every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway in the direction of authorized traffic movement, with its right hand wheels within twelve inches (12") of the right hand curb or as close as practicable to the right edge of the right hand shoulder or with its left-hand wheels within twelve inches (12") of the left hand curb or as close as practicable to the edge of the left hand shoulder.

(3) On those streets which have been approved and signed or marked for angle parking, no person shall stop, stand or park a vehicle other than at an angle to the curb or edge of the roadway indicated by such signs or markings.

W. Subsection (1) of Section 1208 of Part 12 of the Model Traffic Code, concerning parking privileges for disabled persons, is amended to read as follows:

1208. Parking Privileges for Persons with Disabilities-Applicability.

(1) As used in this section:

(a) “License Plate or Placard” means a license plate or placard issued pursuant to Section 42-3-204(B), C.R.S.

(b) “Person with a Disability” has the meaning provided for such term in Section 42-3-204(1), C.R.S.

X. Part 12 of the Model Traffic Code is amended to include the additional Section 1212 to read as follows:

1212. Tire marks for parking enforcement – removing or obscuring prohibited.

It is unlawful for anyone to knowingly move or obscure from any vehicle in a street or other public parking space subject to a posted time restriction, any marking placed upon the tire of such vehicle by a parking enforcement or police officer, the obscuring or removal done without the complete removal of the vehicle from the parking space occupied by the vehicle at the time the marking was placed on the tire.

Y. Section 1401 of Part 14 of the Model Traffic Code is amended to read as follows:

1401. Reckless driving.

Any person who drives any motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter anywhere within this Town in such a manner as to indicate either a willful or wanton disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of Section 42-2-127, C.R.S.

Z. Section 1402 of Part 14 of the Model Traffic Code is amended to read as follows:

1402. Careless driving.

Any person who drives any motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter anywhere within this municipality in a careless and imprudent manner without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances is guilty of careless driving. A person convicted of careless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of Section 42-2-127, C.R.S.

AA. Subsection (11) of Section 1412 of Part 14 of the Model Traffic Code is amended to read as follows:

1412. Operation of bicycles and other human powered vehicles.

(11)(a) A person shall not park a bicycle or electrically assisted bicycle on a sidewalk within this municipality.

(b) A bicycle or electrically 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.

(c) A bicycle or electrically assisted bicycle may be parked on the road abreast of another such bicycle or bicycles near the side of the road or any location where parking is allowed in such a manner as does not impede a normal and reasonable movement of traffic.

(d) In all other respects bicycles or electrically assisted bicycles parked anywhere on a highway shall conform to the provisions of Part 12 of the Code regulating the parking of vehicles.

BB. Subsection (3) of Section 1502 of Part 15 of the Model Traffic Code, concerning motorcycles, is amended to read as follows:

1502. Riding on motorcycles.

(3) No person shall operate a motorcycle while carrying packages, bundles or other articles which prevent the person from keeping both hands on the handlebars.

CC. The “Definitions” section of the Model Traffic Code is amended as follows:

Meaning of words.

Whenever any words and phrases used are defined in the “Definitions” section of the 2010 Model Traffic Code for Colorado, they shall have such meaning ascribed to them. In all cases where the definition or meaning of a word is not set forth and its meaning is not sufficiently apparent in its connection with the subject, the definition given in Webster’s Dictionary shall be taken as the true meaning.

DD. The “Definitions” section of the Model Traffic Code is amended to add certain definitions as stated below, retaining all other definitions in the Model Traffic Code.

(7.5) “Barricade” means a portable or fixed barrier having object markings, including but not limited to traffic cones, used to close all or a portion of the right of way to vehicular traffic.

(28.5) “Electrical assisted bicycle” means a vehicle having two tandem wheels or two parallel wheels and one forward wheel, fully operable pedals, an electric motor not exceeding 750 watts of power, and a top motor speed of 20 miles per hour.

(28.7) “Electric personal assistive mobility device” or “EPAMD” means a self balancing, non tandem two-wheeled device, designed to transport only one person, that is powered solely by an electric propulsion system producing an average power output of no more than 750 watts.

(49.5) “Low-power scooter” means a self-propelled vehicle designed primarily for use on the roadways with not more than three wheels in contact with the ground, no manual clutch, and either of the following:

(a) A cylinder capacity not exceeding 50 cubic centimeters if powered by internal combustion; or

(b) A wattage not exceeding 4,476 if powered by electricity.

The term “low-power scooter” shall not include a toy vehicle, bicycle, electrical assisted bicycle, wheelchair, or any device designed to assist mobility-impaired people who use pedestrian rights of way.

(60) (c) “Motorized skateboard” means any self-propelled device that has a motor or engine, a deck designed to be stood or sat upon by the operator, on which a person may ride, which may or may not have handlebars and has at least two (2) wheels in contact with the ground. However, a wheelchair or other special motorized unit designed for and used by a person(s) physically disabled to assist their mobility shall not be considered a motorized skateboard.