County Ordinance 2021-1


By Administrator

December 22, 2021

THE BOARD OF COUNTY COMMISSIONERS OF KIOWA COUNTY, COLORADO

TITLE: AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE COUNTY OF KIOWA COLORADO; ADOPTING BY REFERENCE THE 2020 EDITION OF THE “MODEL TRAFFIC CODE” REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF.

WHEREAS, pursuant to §42-4-110(1), Colorado Revised Statutes (“C.R.S.”), local authorities are granted the power to enact, adopt, and enforce traffic regulations on the roads and streets within the jurisdiction of the local authority, subject to the conditions and limitations set forth in such Section of the C.R.S.; and

WHEREAS, pursuant to § 42-1-102( 48), a local authority is defined to include every county and other local board or body having authority to adopt police regulations under the constitution and laws of the State of Colorado for the unincorporated territory of the County; and

WHEREAS, pursuant to § 4 2-4-110( 1 )(b ), a local authority may in the manner prescribed in Article 15 of Title 30, C.R.S., adopt by reference all or any part of a model traffic code, which embodies the rules of the road and vehicle requirements set forth in Article 4 of Title 42 and §42-4-111, except that in the case of state highways, any such additional regulations shall have the approval of the Colorado Department of Transportation; and

WHEREAS, the Board of County Commissioners of Kiowa County (“the Board”) has the authority adopt to police power ordinances under the Colorado Constitution and as authorized in Article 4 of Title 42, C.R.S., and in Article 15 of Title 30, C.R.S.; and

WHEREAS, the Board finds that the adoption of the 2020 version of the model traffic code is in the best interest of the public and will serve to preserve the public peace, health, safety and welfare of the citizens of Kiowa County;

WHEREAS, the Board, after proper notice as required by law, has held a public hearing on this ordinance providing for the adoption of the 2020 revised edition of the Model Traffic Code for Colorado.

NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Kiowa County, Colorado as follows:

Section 1. Adoption.

Pursuant to § 42-4-11 0(l)(b) and § 30-15-401 (l)(h), the Board of County Commissioners hereby adopts by reference the 2020 edition of the “Model Traffic Code” promulgated and published as such by the Colorado Department of Transportation, Traffic Safety and Engineering Services,

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