7-1-2: ADDITIONS OR MODIFICATIONS:
The Model Traffic Code for Colorado, 2020 edition (the "adopted code"), is adopted as if set out at length, save and except the following additions and modifications:
Section 101 of the adopted code is amended so as to read as follows:
   101. Short Title; Interpretation; References To C.R.S.
   1.   The adopted code shall be known and may be cited as the "Town of Breckenridge Traffic Code."
   2.    The general purpose of this chapter is to establish local traffic regulations for the Town of Breckenridge that conform with the state's uniform system for the regulation of vehicles and traffic. This chapter shall be interpreted and construed as to effectuate such purpose.
   3.   The published Model Traffic Code for Colorado, 2020 edition, is written to apply to both municipalities and counties, and in some instances, to the state of Colorado as well. In adopting the Model Traffic Code for Colorado, 2020 edition, the Town Council is aware that certain provisions of the adopted code cannot, by their very nature, or do not by their wording, apply to the Town. Any provision of the code that cannot or does not apply to the Town of Breckenridge shall be ignored and no attempt shall be made to enforce such provision within the Town.
   4.   The provisions of article 4 of title 2, C.R.S., may be used to interpret the provisions of this Code.
   5.   Any reference in this Code to any particular title, article, and section of the Colorado Revised Statutes shall be deemed to include any reference to any amendment to such statute, or any successor statute concerning the same subject matter. Further, any reference to a particular section of the state motor vehicle laws may mean the counterpart traffic regulation of the Town as set forth in this Code.
   6.    Any reference in the adopted code to "articles 1 to 4" of title 42, Colorado Revised Statutes, or "articles 1 to 4 of this title" means articles 1 through 4, inclusive, of title 42, Colorado Revised Statutes, or any counterpart section of this Code.
Section 102 of the adopted code is amended so as to read as follows:
   102. Meaning Of Generic References. Unless the context clearly requires otherwise, all references in this Code to "this local government,," "this jurisdiction," "local government authorities," the "local authority," "proper authority," and similar generic references, shall mean and shall refer to the Town of Breckenridge, Colorado, or to the elected or appointed officers of the Town, as appropriate. References in this Code to matters which apply "within this state" shall mean "within the Town."
Section 109(4) of the adopted code is amended so as to read as follows:
   (4)   No person riding upon any low-power scooter, coaster, roller skates, in-line skates, skateboard, skis, snowboard, sled, or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.
Section 109(8) of the adopted code is amended so as to read as follows:
   (8)   Persons riding or leading animals on or along a highway shall ride or lead such animals on the left side of said highway, facing approaching traffic. This shall not apply to persons driving herds of animals along highways. No person shall drive a horse drawn carriage on the streets or highways within the Town unless authorized by a special event permit issued pursuant to title 4, chapter 13 of the Town Code.
Section 109(9) of the adopted code is amended so as to read as follows:
   (9)   No person shall use the highways for traveling on skis, snowboards, toboggans, coasting sleds, skates, in-line skates, skateboards, or similar devices. It is unlawful for any person to use any roadway within the Town 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, in-line skates, skateboards or riding in or by means of any coaster, toy vehicle, or similar device to go upon any roadway within the Town except while crossing a highway in a crosswalk, and when so crossing such person shall be granted all of the rights and shall be 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.
The adopted code is amended by the addition of a new section 109.9, to be entitled "Golf Cars Prohibited," which shall read as follows:
   109.9 Golf Cars Prohibited. A golf car shall not be operated on a roadway.
Section 110(2) of the adopted code is amended so as to read as follows:
   (2)   The Town's Municipal Court shall have jurisdiction over violations of traffic regulations enacted or adopted by the Town Council of the Town of Breckenridge, Colorado, including, without limitation, violations or alleged violations of this Code.
Section 117 of the adopted code is amended to read as follows:
   117. Personal mobility devices.
   (1)   A rider of an EPAMD shall have all the same rights and duties as an operator of any other vehicle under this Code, except as to those provisions that by their nature have no application.
   (2)   An EPAMD shall not be operated in the following places within the Town:
      (a)   On a limited-access highway;
      (b)   On a roadway;
      (c)   On a sidewalk; or
   (d)   On a bike or pedestrian path, including, but not limited to, that portion of a roadway designated for the exclusive use as a bicycle path or reserved for the exclusive use of bicycles, human-powered vehicles, or pedestrians.
   (3)   Notice of the prohibitions of subsection 2 of this section shall be given as required by Section 42-4-111(2), C.R.S.
The last sentence of section 225(3) of the adopted code is deleted.
Section 615 of the adopted code is amended so as to read as follows:
   Section 615. School Zones -- Increase In Penalties For Moving Traffic Violations.
   A.   Any person who commits a moving traffic violation in a school zone shall be subject to a doubled fine and surcharge. The municipal judge shall amend his or her penalty assessment schedule to reflect such doubled fine and surcharge.
   B.   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.
   C.   Town authorities shall designate the placement of traffic signs that designate the area that will be deemed to be a school zone for purposes of this section. In making such designation, the Town authorities shall consider when increased penalties are necessary to protect the safety of school children.
   D.   This section does not apply if the penalty and surcharge for a violation has been doubled pursuant to section 614 of this Code because such violation also occurred within a highway maintenance, repair, or construction zone.
The adopted code is amended by the addition of a new section 617, to be entitled "Barricades," which shall read as follows:
   617. Barricades. Whenever barricades are erected by a police officer or other authorized person to close off a part or all of a street, highway or public property, 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 police officer or other authorized person.
Section (c) of section 705 of the adopted code is amended to read as follows:
   (c)   (I)   On a highway that does not have at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary authorized emergency vehicle, stationary towing carrier vehicle, or stationary public utility service vehicle is located, or if movement by the driver of the approaching vehicle into an adjacent moving lane, as described in subsection (2)(b) of this section, is not possible, the driver of an approaching vehicle shall reduce and maintain a safe speed with regard to the location of the stationary authorized vehicle, stationary towing carrier vehicle, or stationary public utility service vehicle; weather conditions, road conditions, and vehicular or pedestrian traffic and proceed with due care and caution, or as directed by a peace officer or other authorized emergency personnel.
      (II)   For the purposes of this subsection (2)(c), the following speeds are presumed to be safe unless the speeds are unsafe for the conditions as provided in section 1101 (1) and (3): (a) if the speed limit is less than forty-five miles per hour, twenty-five miles per hour or less; or (b) if the speed limit is forty-five miles per hour or more, twenty miles per hour less than the speed limit.
The adopted code is amended by the addition of a new section 714, to be entitled "Bicycles or Other Authorized Use in Bicycle Lane," which shall read as follows:
   714. Bicyclist or other authorized user in bicycle lane.
   (1)   The driver of a vehicle shall yield the right-of-way to a bicyclist or other authorized user of a bicycle lane in a bicycle lane.
   (2)   (a)   except as provided in subsection (2)(b) of this section, any person who violates subsection (1) of this section commits an infraction. (b) if a person violates subsection (1) of this section and the person's actions are the proximate cause of a crash, or if the person the person's actions are the proximate cause of bodily injury to another person, the person commits a misdemeanor traffic offense.
Section 1204 of the adopted code 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, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, the parking enforcement operator, 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 the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a 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 a street;
      (g)   Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
      (h)   On any railroad tracks;
      (i)   On any controlled-access highway;
      (j)   In the area between roadways of a divided highway, including crossovers;
      (k)   At any other place where official signs prohibit stopping.
      (l)   Upon the paved or improved and main-traveled portion of any street within a residential block, except: (i) where on-street parking within such block is authorized by official signs or street markings; (ii) for the temporary parking of construction vehicles, if authorized by the police chief based upon the police chief's determination that the parking of such vehicles can be done safely, in compliance with the applicable provisions of the Town's noise ordinance (title 5, chapter 8 of the Town Code), and without undue disruption to either the traveling public or the neighborhood; or (iii) for parking associated with a special event, if such special event is authorized by a development or other town permit.
   (2)   Except as otherwise provided in subsection (4) of this section, in addition to the restrictions specified in subsection (1) of this section, no person shall stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, the parking enforcement operator, or an official traffic control device, in any of the following places:
      (a)   Within five feet of a public or private driveway;
      (b)   Within fifteen feet of a fire hydrant;
      (c)   Within twenty feet of a crosswalk at an intersection;
      (d)   Within thirty feet upon the approach to any flashing beacon or signal, stop sign, yield sign, or traffic control signal located at the side of a roadway;
      (e)   Within twenty feet of the driveway entrance to any fire station or, on the side of a street opposite the entrance to any fire station, within seventy-five feet of said entrance when properly signposted;
      (f)   At any other place where official signs prohibit standing.
   (3)   In addition to the restrictions specified in subsections (1) and (2) of this section, no person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, the parking enforcement operator, or an official traffic control device, in any of the following places:
      (a)   Within fifty feet of the nearest rail of a railroad crossing;
      (b)   At any other place where official signs prohibit parking.
   (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)(a) and (11)(b).
      (b)   Paragraph (f) of subsection (1) of this section shall not prohibit persons from parking two or more bicycles or electrical assisted bicycles abreast in accordance with the provisions of section 1412 (11)(d).
      (c) Paragraphs (a), (c), and (d) of subsection (2) of this section shall not apply to bicycles or electrical assisted bicycles parked on sidewalks in accordance with section 1412 (11)(a) and (11)(b).
   (5) No person shall move a vehicle not lawfully under such person's control into any such prohibited area or away from a curb such distance as is unlawful.
   (6) The Town may place official traffic control devices prohibiting, limiting, or restricting the stopping, standing, or parking of vehicles on any highway where it is determined, upon the basis of a traffic investigation or study, that such stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic thereon. No person shall stop, stand, or park any vehicle in violation of the restrictions indicated by such devices.
   (7) Any person who violates any provision of this section commits a traffic infraction.
The adopted code is amended by the addition of a new section 1204.5, to be entitled "Standing In Delivery Zone," which shall read as follows:
   1204.5 Standing In Delivery Zone.
   (a)   No person shall stand a vehicle for any purpose or length of time in a place officially marked as a delivery zone, except pursuant to a valid permit issued by the police chief pursuant to subsection (b) of this section.
   (b)   The police chief is authorized to issue non-transferable permits for the purpose of authorizing qualified persons to temporarily stand a vehicle in a place officially marked as a delivery zone. The following rules shall apply to the issuance of a delivery zone permit pursuant to this section:
      1.   The police chief shall collect a fee for the purpose of reimbursing the Town for the administrative costs of processing the permit application. The permit fee for 2020 shall be twenty five dollars ($25.00) for each such permit. The permit fee for future years shall be established from time to time as part of the annual budget adopted by the Town Council. No portion of such permit fee shall be refundable, nor shall any permit issued under this section be transferable.
      2.   A permit may be issued only to a commercial delivery service that delivers to multiple locations within the Town on a daily or weekly basis.
      3.   No delivery zone permit shall be issued to any person who does not have a valid business and occupational license issued pursuant to title 4, chapter 1 of the Town Code. Each permittee shall maintain a valid business and occupational license throughout the term of the permit.
      4.   A permit shall be hung from the rear view mirror or placed on the dashboard of a vehicle at all times while such vehicle is standing in a place officially marked as a delivery zone.
      5.   The police chief is authorized to designate one or more delivery zones within the Town, and to alter, amend, or change such designations from time to time as the police chief determines to be necessary or appropriate based upon the usage of the designated delivery zones and the needs of those persons holding permits issued pursuant to this section.
      6.   A permit shall be valid only in those delivery zones indicated on the face of the permit. It shall be a violation of subsection (a) of this section for the holder of a permit to stand a vehicle in any delivery zone other than the delivery zone(s) indicated on the face of the permit.
      7.   A permit shall be valid for a period of one (1) year, unless sooner revoked by the police chief as provided in subsection 8.
      8.   A permit may be revoked by the police chief, after a hearing, if, during the term of the permit, the police chief determines that the permittee has violated: (i) any of the terms and conditions of this section; or (ii) any of the terms and conditions of the permit. Any action to revoke a license issued under this section shall generally comply with the requirements for administrative hearings set forth in title 1, chapter 19 of the Town Code.
Section 1205(3) of the adopted code is amended so as to read as follows
   (3)   Angle parking is permitted on any town roadway, except any roadway that is part of the state highway system, when determined to be appropriate by the Town engineer. As used in this section, the term "angle parking" means the head-in parking of a vehicle at an angle to the curb or edge of the roadway, instead of parking parallel to the right-hand curb or edge of the roadway, and includes, but is not limited to, "straight in" parking perpendicular to the curb or edge of the roadway.
   Whenever the Town engineer designates any roadway or portion of a roadway upon which angle parking is permitted, the Town shall mark or sign such roadway indicating that angle parking is permitted and the angle at which vehicles shall be parked.
   When signs or markings are in place indicating angle parking as herein provided, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings with the right front wheel of the vehicle within eighteen inches of the curb or edge of the roadway.
Section 1208 of the adopted code is amended so as to read as follows:
   1208. Reserved Parking For Persons With Disabilities - Applicability - Rules.
   (1)   Definitions. As used in this section:
      (a)   "Disability" or "Disabled" has the same meaning as set forth in section 42-3-204, C.R.S.
      (b)   "Holder" means a person with a disability who has lawfully obtained an identifying plate or placard.
      (c)   "Identifying Figure" has the same meaning as set forth in section 42-3-204, C.R.S.
      (d)   "Identifying Placard" has the same meaning as set forth in section 42-3-204, C.R.S.
      (e)   "Identifying Plate" has the same meaning as set forth in section 42-3-204, C.R.S.
      (f)   "Professional" has the same meaning as set forth in section 42-3-204, C.R.S.
      (f.5)   "Remuneration-exempt identifying placard" has the same meaning as set forth in 42-3-204, C.R.S.
      (g)   "Reserved Parking" means a parking space reserved for a person with a disability.
    (2)   Use Of Plate Or Placard.
      (a)   A person with a disability may use reserved parking on public property or private property if the person displays an identifying plate or placard while using reserved parking.
      (b)   When an identifying placard is used for reserved parking, the driver of the parked motor vehicle shall ensure that the front of the identifying placard is legible and visible through the windshield when viewed from outside the vehicle. The driver shall hang the placard from the rear-view mirror unless a rear-view mirror is not available or the individual is physically unable to hang the placard from the rear-view mirror. If the tag is not hung from the rear-view mirror, the driver shall display it on the dashboard.
      (c)   A person with a disability who is a resident of a state other than Colorado may use reserved parking in the Town if the motor vehicle displays an identifying plate or placard issued by a state other than Colorado, and if:
         (I)   The identifying plate or placard is currently valid in the state of issuance and meets the requirements of 23 CFR 1235; and
         (II)   The holder has not been a resident in Colorado for more than ninety days.
      (d)   A motor vehicle with an identifying plate or a placard may be parked in public parking areas along public streets or in private parking lots within the Town regardless of any time limitation imposed upon parking in the area; provided, however, no such vehicle may be parked in any reserved parking on any public street within the Town for more than four consecutive hours. The town shall clearly post the appropriate time limits in the area(s) of the Town where the four hour parking limitation is applicable. The ability to park notwithstanding parking limitations does not apply to areas in which:
         (I)   Stopping, standing, or parking of all vehicles is prohibited;
         (II)   Only special vehicles may be parked; or
         (III)   Parking is not allowed during specific periods of the day in order to accommodate heavy traffic.
      (e)   (I)   The owner of public or private property within the Town may request the installation of official signs or pavement markings identifying reserved parking spaces. The request operates as a waiver of any objection the owner may assert concerning enforcement of this section by a peace officer or a community service officer. A peace officer or a community service officer may enforce this section on private property notwithstanding any provision of law to the contrary.
         (II)   (A)   The number and placement of accessible parking spaces should meet or exceed section 1106 of chapter 11 of the 2012 (second printing) version of the international building code, or any succeeding standard, published by the International Code Council.
            (B)   The technical standards for accessible parking spaces should meet or exceed section 502, or any successor section, of the "Accessible and Useable Buildings and Facilities" standard, or any succeeding standard, promulgated and amended from time to time by the international code council (commonly cited as ICC/ANSI A117.1).
            (C)   Access aisles should post a "Wheelchair Access Aisle Absolutely No Parking" sign, which blocks neither the access aisle nor accessible routes.
            (D)   The technical standards for post- or wall-mounted signs indicating accessible parking spaces and van-accessible parking spaces should meet or exceed section 2B.46 concerning parking, standing, and stopping signs and section 2B.47 concerning design of parking, standing, and stopping of the 2009 version of the Manual On Uniform Traffic Control Devices, or any succeeding standard, published by the United States federal highway administration.
         (III)   The owner of real property within the Town with multi-family residential dwellings affixed and with reserved parking shall retain the reserved parking as commonly owned for the tenants, owners, or visitors of the individual units within the dwellings. This subparagraph (III) does not prohibit the sale of all commonly owned property so long as the reserved parking is not severed from the other elements.
         (IV)   A person shall not impose restrictions on the use of disabled parking unless specifically authorized by a statute of Colorado and a resolution or ordinance duly adopted by the Town Council of the Town, and notice of the restriction is prominently posted by a sign clearly visible at the parking space.
   (3)   Misuse Of Reserved Parking.
      (a)   A person without a disability shall not park in a parking space on public or private property that is clearly identified by an official sign or by visible pavement markings as being reserved parking or as being a passenger loading zone unless:
         (I)   The person is parking the vehicle for the direct benefit of a person with a disability to enter or exit the vehicle while it is parked in the reserved parking space; and
         (II)   An identifying plate or placard obtained under or authorized by section 42-3-204, C.R.S., is displayed in or on the vehicle if the license plate or placard is currently valid or has expired less than one month before the day the person used the reserved parking.
      (a.5)   A person shall not, while parked in a parking space that requires remuneration, display a remuneration-exempt identifying placard that is not issued to the person. A person who possesses a remuneration-exempt identifying placard shall not allow another person to use the placard to park in a parking space that requires remuneration.
      (b)   (I)   A person, after using a reserved parking space that has a time limit, shall not switch motor vehicles or move the motor vehicle to another reserved parking space within one hundred yards of the original parking space within the same eight hours in order to exceed the time limit.
         (II)   (A)   Parking in a time-limited reserved parking space for more than three hours for at least three days a week for at least two weeks creates a rebuttable presumption that the person is violating this paragraph (b).
            (B)   This subparagraph (II) does not apply to privately owned parking spaces.
      (c)   A person shall not use reserved parking for a commercial purpose unless:
         (I)   The purpose relates to transacting business with a business the reserved parking is intended to serve; or
         (II)   The owner of private property consents to allow the use.
      (d)   (I)   An employee of an entity shall not use an identifying placard issued to the entity unless the employee is transporting persons with disabilities.
         (II)   For a violation of this paragraph (d), the chief operations officer within Colorado of the entity to whom the placard or plate was issued and the offending employee are each subject to the penalties established by the municipal judge.
         (III)   (A)   It is an affirmative defense to a violation of this paragraph (d) for the chief operations officer within Colorado that the entity enforces an internal policy controlling access to and use of identifying placards issued to the entity.
            (B)   If the placard used is expired by operation of section 42-3-204(6)(f), C.R.S., it is an affirmative defense to a violation of this paragraph (d) that the person did not know the placard was expired if the person who used the placard was the person to whom it was issued.
      (e)   (I)   A person who violates paragraph (3)(a) or (3)(a.5) of this subsection (3) shall be punished by a fine of $100.00; provided, however, that any person who violates paragraph (a) or paragraph (a.5) of this subsection (3) by parking a vehicle owned by or leased to a commercial carrier as defined in subsection (15) of the appendix to this Code (Definitions) shall be punished by a fine of $200.00.
         (II)   A person who violates paragraphs (b) to (d) of this subsection (3) shall be punished by a fine of $100.00.
   (4)   Blocking Access.
      (a)   Regardless of whether a person displays an identifying plate or placard, a person shall not park a vehicle so as to block reasonable access to curb ramps, passenger loading zones, or accessible routes, as identified in 28 CFR part 36 appendix A, that are clearly identified unless the person is actively loading or unloading a person with a disability.
      (b)   A person who violates this subsection (4) shall be punished by a fine of $100.00.
   (5)   Fraud And Trafficking.
      (a)   It is unlawful for a person to:
         (I)   Knowingly and fraudulently obtain, possess, use, or transfer an identifying placard issued to a person with a disability;
         (II)   Knowingly make, possess, use, alter, or transfer what purports to be, but is not, an identifying placard; or
         (III)   Knowingly create or use a device intended to give the impression that it is an identifying placard when viewed from outside the vehicle.
      (b)   It is unlawful and a misdemeanor municipal offense for any person to violate any provision of this subsection (5). Any person convicted of having violated any provision of this subsection (5) shall be punished by a minimum fine of $999. No portion of such fine may be suspended by the municipal judge.
   (6)   Enforcement Of Reserved Parking.
      (a)   A peace officer or a community service officer may check the identification of a person using an identifying plate or placard in order to determine whether the use is authorized.
      (b)   (I)   A peace officer or a community service officer may confiscate an identifying placard that is being used in violation of this section.
         (II)   The peace officer or a community service officer shall send a confiscated placard to the department unless it is being held as evidence for prosecution of a violation of this section. If the tag is being held as evidence, the peace officer or a community service officer shall notify the department of the confiscation and pending charges.
         (III)   The department shall hold a confiscated placard for thirty days and may dispose of the placard after thirty days. The department shall release the placard to the person with a disability to whom it was issued when the person signs a statement under penalty of perjury that he or she was unaware that the violator used, or intended to use, the placard in violation of this section.
      (c)   A peace officer or a community service officer may investigate an allegation that a person is violating this section.
      (d)   A person who observes a violation of this section may submit evidence, including a sworn statement, concerning the violation to any law enforcement agency.
      (e)   (I)   A peace officer or a community service officer may issue a penalty assessment notice for a violation of paragraph (b), (c), or (d) of subsection (3) of this section by sending it by certified mail to the registered owner of the motor vehicle. The officer shall include in the penalty assessment notice the offense or infraction, the time and place where it occurred, and a statement that the payment of the penalty assessment and a surcharge is due within twenty days after the issuance of the notice. The Municipal Court receives payment of the penalty assessment by the due date if the payment is received or postmarked by the twentieth day after the vehicle owner received the penalty assessment notice.
         (II)   If the penalty assessment and surcharge are not paid within twenty days after the date the vehicle owner receives the assessment notice specified in subparagraph (I) of this paragraph (e), the peace officer or community service officer who issued the original penalty assessment notice shall file a complaint with the Municipal Court and issue and serve upon the registered owner of the vehicle a summons to appear in court at the time and place specified.
      (f)   (I)   The Municipal Court shall send certification of the entry of judgment for each violation of paragraph (b), (c), or (d) of subsection (3) of this section to the department.
         (II)   Upon receipt of certification of an entry of judgment for a violation of paragraph (b), (c), or (d) of subsection (3) of this section, the department of revenue shall not register the person's vehicle until all fines imposed for the violations have been paid to the Town as provided in section 42-4-1208(6)(f)(II), C.R.S.
         (III)   Upon receipt of certification or independent verification of an entry of judgment, the department of revenue shall revoke an identifying plate or placard as provided in section 42-3-204(7)(d), C.R.S., as provided in section 42-4-1208(6)(f)(III), C.R.S.
      (g)   (I)   Notwithstanding any other provision of this section to the contrary, a holder is liable for any penalty or fine for any misuse of an identifying plate or placard, including the use of such plate or placard by any person other than a holder, unless the holder furnishes sufficient evidence that the identifying plate or placard was, at the time of the violation, in the care, custody, or control of another person without the holder's knowledge or consent.
         (II)   A holder may avoid the liability described in subparagraph (I) of this paragraph (g) if, within a reasonable time after notification of the violation, the holder furnishes to the Town prosecutor or the police department the name and address of the person who had the care, custody, or control of the identifying plate or placard at the time of the violation or the holder reports the license plate or placard lost or stolen to both the police department and the department.
   (h)   An employer shall not forbid an employee from reporting violations of this section. A person shall not initiate or administer any disciplinary action against an employee because the employee notified the authorities of a possible violation of this section if the employee has a good-faith belief that a violation has occurred.
   (i)   A landlord shall not retaliate against a tenant because the tenant notified the authorities of a possible violation of this section if the tenant has a good-faith belief that a violation has occurred.
   (j)   In order to stop a vehicle from blocking access or illegally using reserved parking, a peace officer or a community service officer may order a vehicle that is used to violate this subsection to be towed to an impound lot or a vehicle storage location. The peace officer shall verify that the vehicle has not been stolen and report the fact of the tow to the department of revenue in accordance with section 42-4-1804, C.R.S.
The adopted code is amended by the addition of a new section 1214, to be entitled "Parking On A Shared Private Driveway," which shall read as follows:
   1214. Parking On A Shared Private Driveway.
   A.   No person shall park a vehicle upon a shared private driveway in such a manner as to block or impede the lawful use of such shared private driveway by any person entitled to use such driveway, or by any authorized emergency vehicle.
   B.   No person shall park a vehicle upon a shared private driveway other than in a town-approved parking area.
   C.   As used in this section:
      1.   The term "shared private driveway" means a platted or granted private easement or license providing the primary means of ingress and egress to and from a public street for two or more residential properties.
      2.   The term "town-approved parking area" means a parking area approved by the Town as described in subsection 4-1-8-1A1 of the Town Code.
The adopted code is amended by the addition of a new Section 1215, to be entitled "Parking Meters," which shall read in its entirety as follows:
   1215. Parking Meters.
   (1)   The Town has completed an engineering and traffic investigation and determined on the basis of such investigation that the installation and operation of parking meters is necessary to aid in the regulation and control of the parking of vehicles during the hours and on the days specified on the parking meter signs.
   (2)   Whenever and wherever parking meter zones have been established on streets or in public parking lots operated by the Town where parking is regulated by parking meters, the parking of vehicles at places, streets, or parts of streets so designated shall be controlled by parking meters between the hours and on the days specified on authorized parking meter signs, legends, or displays.
   (3)   Parking meters installed in parking meter spaces or zones established in this municipality shall be so designated, constructed, installed and set as to meet the following conditions: (A) Said meters shall be capable of being operated, either automatically or mechanically, for the full period of time for which parking is lawfully permitted in any such parking meter zone or space, or in lieu thereof, for an appropriate fractional period of time. Meters may, as indicated by authorized parking meter signs, legends, or displays, regulate parking in either individual parking spaces or multiple parking spaces; and (B) Each parking meter shall bear a clearly legible authorized message indicating the days and hours when the requirement for payment shall apply.
   (4)   In parking meter zones or spaces where parking is regulated by parking meters, vehicles parked on the street shall be parked either parallel with or diagonal to the curb, as indicated by official signs or markings. Within a public parking lot operated by the Town where parking is regulated by parking meters, vehicles shall be parked in designated spaces, as indicated by official signs or markings. Vehicles parked in a manner so that any portion of the vehicle is within the zone or space regulated by the parking meter shall be required to pay the amount indicated by the meter for parking in that zone or space.
   (5)   No person shall park a vehicle in a parking meter space or zone as indicated by official signs during the restricted and regulated time applicable to the parking meter space or zone, unless the appropriate payment shall have been made.
   (6) No person shall permit a vehicle within his or her 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 when the lawful parking time in such space or zone is expired. This provision shall not apply to the act of parking or the reasonably necessary time which is required to pay the required parking fee at such meter.
   (7)   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 limited the stopping, standing, or parking of vehicles in specified places at specified times or in a specified manner.
   (8)   Nothing in this section prohibits the parking of more than one motorcycle within a space served by a single parking meter.
The adopted code is amended by the addition of a new section 1216, to be entitled "Parking On Private Property," which shall read as follows:
   1216. Parking On Private Property.
   (a)   It is unlawful and a misdemeanor traffic offense 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 without the consent of the owner or the tenant or person in lawful possession or control of the private parking lot or private property.
   (b)   Whenever the owner, tenant or person in lawful possession or control of the private property finds a vehicle parked thereon without his or her consent, such owner, tenant or person in lawful possession or control shall have the authority to have such vehicle towed from the private parking lot or private property where it is found, provided the appropriate provisions of this section are complied with. The provisions of title 7, chapter 3 of the Town Code shall not apply to any vehicle towed pursuant to this subsection (b), and the Town shall have no liability with respect to any such tow.
   (c)   Any owner, tenant, or person in lawful possession or control of a private parking lot or private property wishing to avail himself or herself of the provisions of this section shall post on such property in a conspicuous place so that it can be seen by an ordinarily observant person a sign which reads as follows:
   PRIVATE PARKING
   UNAUTHORIZED VEHICLES
   WILL BE TOWED BY OWNER
   (d)   If the sign is to be posted to prohibit unauthorized parking at a private parking lot containing more than six (6) parking spaces, one sign shall be posted at each entrance to the private parking lot.
   (e)   If the sign is to be posted to prohibit unauthorized parking at a private parking lot containing more than six (6) parking spaces, the sign required by subsection (c) of this section shall be not less than 24 inches by 24 inches in size. The lettering on such sign shall be not less than 2 inches in height and shall be red in color and shall be printed on a white background. The sign shall be sheeted with engineer grade reflective sheeting. The sign shall be erected at a height of not less than 7 feet above the ground, measured from the bottom of the sign.
   (f)   If the sign is to be posted to prohibit unauthorized parking on private property that is not a parking lot containing more than six (6) parking spaces, the sign required by subsection (c) of this section shall be not less than 12 inches by 18 inches in size. The lettering on such sign shall be not less than 1 inch in height and shall be red in color and shall be printed on a white background. The sign shall be sheeted with engineer grade reflective sheeting. The sign shall be erected at a height of not less than 7 feet above the ground, measured from the bottom of the sign.
   (g)   A sign erected pursuant to this section shall be an exempt sign within the meaning of subsection 9-15-9 of the Town Code, and no permit shall be required to authorize the erection of such sign. The installation of a sign pursuant to this section shall be a waiver of any objection the owner, tenant or person in lawful possession or control of the private parking lot or private property may assert concerning enforcement of this section by peace officers of the Town.
   (h)   No complaint shall be issued for any violation of this section unless it is issued at the request of the owner, tenant or person in lawful possession or control of the private parking lot or private property within or upon which violation of this section is alleged to have occurred. The person requesting the issuance of the complaint shall provide to the person issuing the complaint their name, address and telephone number, and must agree to appear and testify in court should a trial on the complaint be required.
   (i)   In the event the owner, tenant or person in lawful possession or control of a private parking lot or private property has a vehicle towed in accordance with this section, he or she shall immediately notify the police department of the Town or the Summit County Communications Center and indicate the name of the towing company which towed the vehicle and the location of the storage of such vehicle.
   (j)   If the Municipal Court dismisses a complaint under this section at the request of the owner, tenant or person in lawful possession or control of a private parking lot or private property, the court shall assess court costs against the person requesting such dismissal in an amount not less than five dollars ($5.00) and not more than fifty dollars ($50.00) for each complaint so dismissed.
   (k)   Every person, upon conviction of a violation of this section, shall, upon first conviction thereof, be punished by a fine not less than five dollars ($5.00), or by imprisonment of not more than five (5) days, or by both such fine and imprisonment. Upon a second conviction of a violation of this section within one (1) year of a prior conviction, the punishment shall be a fine of not less than ten dollars ($10.00), or imprisonment of not more than ten (10) days, or both such fine and imprisonment. Upon a third and for each subsequent conviction of a violation of this section within one (1) year from a prior conviction, the punishment shall be a fine of not less than twenty dollars ($20.00), or imprisonment for not more than twenty (20) days, or both such fine and imprisonment.
Section 1412 of the adopted code is amended so as to read as follows:
   1412. Operation Of Bicycles And Other Human-Powered Vehicles.
   (1)   Every person riding a bicycle or electrical assisted bicycle shall have all of the rights and duties applicable to the driver of any other vehicle under this Code, except as to special regulations in this Code and except as to those provisions which by their nature can have no application. Said riders shall comply with the rules set forth in this section and section 221, and, when using streets and highways within the Town, shall be subject to local ordinances regulating the operation of bicycles and electrical assisted bicycles as provided in section 111.
   (2)   [Deleted].
   (3)   No bicycle or electrical assisted bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped.
   (4)   No person riding upon any bicycle or electrical assisted bicycle shall attach the same or himself or herself to any motor vehicle upon a roadway.
   (5)   (a)   Any person operating a bicycle or an electrical assisted bicycle upon a roadway at less than the normal speed of traffic shall ride in the right-hand lane, subject to the following conditions:
         (I)   If the right-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the right as judged safe by the bicyclist to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so.
         (II)   A bicyclist may use a lane other than the right-hand lane when:
            (A)   Preparing for a left turn at an intersection or into a private roadway or driveway;
            (B)   Overtaking a slower vehicle; or
            (C)   Taking reasonably necessary precautions to avoid hazards or road conditions.
         (III)   Upon approaching an intersection where right turns are permitted and there is a dedicated right-turn lane, a bicyclist may ride on the left-hand portion of the dedicated right-turn lane even if the bicyclist does not intend to turn right.
      (b)   A bicyclist shall not be expected or required to:
         (I)   Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes; or
         (II)   Ride without a reasonable safety margin on the right-hand side of the roadway.
      (c)   A person operating a bicycle or an electrical assisted bicycle upon a one-way roadway with two or more marked traffic lanes may ride as near to the left-hand curb or edge of such roadway as judged safe by the bicyclist, subject to the following conditions:
         (I)   If the left-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the left as judged safe by the bicyclist to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so.
         (II)   A bicyclist shall not be expected or required to:
            (A)   Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes; or
            (B)   Ride without a reasonable safety margin on the left-hand side of the roadway.
   (6)   (a)   Persons riding bicycles or electrical assisted bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
      (b)   Persons riding bicycles or electrical assisted bicycles two abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.
   (7)   A person operating a bicycle or electrical assisted bicycle shall keep at least one hand on the handlebars at all times.
   (8)   (a)   A person riding a bicycle or electrical assisted bicycle intending to turn left shall follow a course described in sections 901(1), 903, and 1007 or may make a left turn in the manner prescribed in paragraph (b) of this subsection (8).
      (b)   A person riding a bicycle or electrical assisted bicycle intending to turn left shall approach the turn as closely as practicable to the right-hand curb or edge of the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway edges, the bicyclist shall stop, as much as practicable, out of the way of traffic. After stopping, the bicyclist shall yield to any traffic proceeding in either direction along the roadway that the bicyclist had been using. After yielding and complying with any official traffic control device or police officer regulating traffic on the highway along which the bicyclist intends to proceed, the bicyclist may proceed in the new direction.
      (c)   Notwithstanding the provisions of paragraphs (a) and (b) of this subsection (8) any authorized employee of the Town may cause official traffic control devices to be placed on roadways and thereby require and direct that a specific course be traveled.
   (9)   (a)   Except as otherwise provided in this subsection (9), every person riding a bicycle or electrical assisted bicycle shall signal the intention to turn or stop in accordance with section 903; except that a person riding a bicycle or electrical assisted bicycle may signal a right turn with the right arm extended horizontally.
      (b)   A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the bicycle or electrical assisted bicycle before turning and shall be given while the bicycle or electrical assisted bicycle is stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle or electrical assisted bicycle.
   (10)   (a)   A person riding a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. A person riding a bicycle in a crosswalk shall do so in a manner that is safe for pedestrians.
      (b)   A person shall not ride a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk where such use of bicycles or electrical assisted bicycles is prohibited by official traffic control devices or local ordinances. A person riding a bicycle or electrical assisted bicycle shall dismount before entering any crosswalk where required by official traffic control devices or local ordinances.
      (c)   A person riding or walking a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances, including, but not limited to, the rights and duties granted and required by section 802.
   (11)   (a)   A person may park a bicycle or electrical assisted bicycle on a sidewalk unless prohibited or restricted by an official traffic control device or local ordinance.
      (b)   A bicycle or electrical assisted bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.
      (c)   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)   A bicycle or electrical 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 the normal and reasonable movement of traffic.
      (e)   In all other respects, bicycles or electrical assisted bicycles parked anywhere on a highway shall conform to the provisions of part 12 of this Code regulating the parking of vehicles.
   (12)   (a)   A person riding a bicycle or electrical assisted bicycle 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)   A person riding a bicycle or electrical assisted bicycle and approaching an intersection of a roadway with an illuminated red traffic control signal shall stop before entering the intersection and shall yield to all other traffic and pedestrians. Once the person has yielded, the person may cautiously proceed in the same direction through the intersection or make a right-hand turn. When a red traffic control signal is illuminated, a person shall not proceed through the intersection or turn right if an oncoming vehicle is turning or preparing to turn left in front of the person.
      (c)   A person riding a bicycle or electrical assisted bicycle approaching an intersection of a roadway with an illuminated red traffic control signal may make a left-hand turn only if turning onto a one-way street and only after stopping and yielding to other traffic and pedestrians. However, a person shall not turn left if a vehicle is traveling in the same direction as the person and the vehicle is turning or preparing to turn left. If the person is not turning left onto a one-way street, the person shall not make a left-hand turn at an intersection while a red traffic control signal is illuminated.
   (13)   (a)   Any person who violates any provision of this section commits an infraction; and section 42-2-127, C.R.S. shall not apply.
      (b)   Any person riding a bicycle or electrical assisted bicycle who violates any provision of this Code other than this section which is applicable to such a vehicle and for which a penalty is specified shall be subject to the same specified penalty as any other vehicle; except that section 42-2-127, C.R.S. shall not apply.
   (14)   Upon request, the Town's police department shall complete a report concerning an injury or death incident that involves a bicycle or electrical assisted bicycle on the roadways of the Town, even if such accident does not involve a motor vehicle.
   (15)   A person shall not operate an electrical assisted bicycle on any town-owned recreational pathway within the corporate limits of the Town; provided, however, that it is not unlawful for a person to operate a class 1 electrical assisted bicycle on any town-owned paved recreational pathway within the corporate limits of the Town.
    (16)   (a)   A person under sixteen years of age shall not operate a class 3 electrical assisted bicycle upon any street, highway, or any town-owned recreational path within a street or highway within the corporate limits of the Town; except that a person under sixteen years of age may ride as a passenger on a class 3 electrical assisted bicycle that is designed to accommodate passengers.
      (b)   A person shall not operate or ride as a passenger on a class 3 electrical assisted bicycle unless:
         (i)   each person under eighteen years of age is wearing a protective helmet of a type and design manufactured for use by operators of bicycles;
         (ii)   the protective helmet conforms to the design and specifications set forth by the united states consumer product safety commission or the American society for testing and materials; and
         (iii)   the protective helmet is secured properly on the person's head with a chin strap while the class 3 electrical assisted bicycle is in motion.
      (c)   a violation of subsection (16)(b) of this section does not constitute negligence or negligence per se in the context of any civil personal injury claim or lawsuit seeking damages.
   As used in this Section 1412:
      (A)   "Town-owned recreational pathway" includes both the approximately 3.6 miles of the recreational pathway commonly known as the "Blue River Recpath" lying within the corporate limits of the Town, as well as all other town-owned and maintained recreational pathways; and
      (B)   "Recreational pathway" means a trail owned and maintained by the Town that is used for such recreational purposes as may be authorized by the Town, including, without limitation, bicycling, hiking, running, snowshoeing, cross-country skiing, and other similar recreational activities. A public street is not a recreational path.
   This section does not apply to the use of an electrical assisted bicycle on a town-owned recreational pathway by a person with a disability, if such use is authorized by applicable state or federal law.
The adopted code is amended by the addition of a new section 1417, to be entitled "Skateboards And In-Line Skates Prohibited On Sidewalks," which shall read as follows:
   1417. Skateboards And In-Line Skates Prohibited On Sidewalks. When signs are erected giving notice thereof, no person shall ride a skateboard, in-line skates or a similar device upon a sidewalk.
The adopted code is amended by the addition of a new section 1418, to be entitled "Operation Of Pedicabs," which shall read as follows:
   1418. Operation Of Pedicabs Prohibited. No person shall operate a pedicab on the streets and highways with the Town unless authorized by a special event permit issued pursuant to title 4, chapter 13 of the Town Code.
The adopted code is amended by the addition of a new section 1419, to be entitled "Operation Of Pedal Busses Prohibited," which shall read as follows:
   1419. Operation Of Pedal Busses Prohibited. No person shall operate a pedal bus on the streets and highways with the Town unless authorized by a special event permit issued pursuant to title 4, chapter 13 of the Town Code.
Part 17 of the adopted code is amended to read as follows:
   1701. Unlawful To Violate Code. It is unlawful and a municipal offense for any person to violate any provision of this Code. Such offenses shall be classified as misdemeanor traffic offenses and traffic infractions as provided in section 7-1-6 of the Breckenridge town code. Any person determined to have violated any provision of this Code shall be punished as provided in section 7-1-6 of the Breckenridge town code.
   1702. Automatic Point Reduction -- Authority Of Municipal Judge. The municipal judge may, in his or her discretion, order that if a person receives a penalty assessment notice for a violation of this Code and such person pays the fine and surcharge for the violation on or before the date the payment is due, the points assessed by the state of Colorado for the violation shall be reduced as follows:
   (a)   For a violation having an assessment of three or more points, the points are reduced by two points; and
   (b)   For a violation having an assessment of two points or less, the points are reduced by one point.
   1703. Parties To A Crime. Every person who commits, conspires to commit, or aids or abets in the commission of any declared in this Code to a traffic offense, whether individually or in connection with one or more other persons or as principal, agent, or accessory, is guilty of such offense or liable for such offense, and every person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, requires, permits, or directs another to violate any provision of this Code is likewise guilty of such offense or liable for such offense.
   1704. Offenses By Persons Controlling Vehicles. It is unlawful for the owner of any other person employing or otherwise directing the driver of any vehicle to require or knowingly permit the operation of such vehicle upon a highway in any manner contrary to law or this Code.
   1705. Person Arrested To Be Taken Before Proper Court.
   (1)   Whenever a person is arrested for any misdemeanor traffic offense, the arrested person shall be taken without unnecessary delay before the municipal judge in any of the following cases:
      (a)   When a person arrested demands an appearance without unnecessary delay before a judge;
      (b)   When the person is arrested and charged with an offense under this Code causing or contributing to an accident resulting in injury or death to any person;
      (c)   In any other event when the provisions of this part 17 apply and the person arrested refuses to give his or her written promise to appear in court as provided in section 1707.
   (2)   Whenever any person is arrested by a police officer for any misdemeanor traffic offense and is not required to be taken before the municipal judge as provided in subsection (1) of this section, the arrested person shall, in the discretion of the officer, either be given a written notice or summons to appear in Municipal Court as provided in section 1707 or be taken without unnecessary delay before the municipal judge when the arrested person does not furnish satisfactory evidence of identity or when the officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court. The Municipal Court shall provide a bail bond schedule and available personnel to accept adequate security for such bail bonds.
   1706. Juveniles - Convicted - Arrested And Incarcerated - Provisions For Confinement. Pursuant to section 13-10-113(5), C.R.S., and notwithstanding any other provision of law, a child, as defined in section 19-1-103(18), C.R.S., arrested for an alleged misdemeanor traffic offense, convicted of violating a misdemeanor traffic offense, or probation conditions imposed by a Municipal Court, or found in contempt of court in connection with a violation or alleged violation of a misdemeanor traffic offense, shall not be confined in a jail, lockup, or other place used for the confinement of adult offenders but may be held in a juvenile detention facility operated by or under contract with the department of human services or a temporary holding facility operated by or under contract with the Town that shall receive and provide care for such child. The Municipal Court in imposing penalties for violation of probation conditions imposed by such court or for contempt of court in connection with a violation or alleged violation of a town ordinance may confine a child pursuant to section 19-2-508, C.R.S., for up to forty-eight hours in a juvenile detention facility operated by or under contract with the department of human services. In imposing any jail sentence upon a juvenile for violating any town ordinance when the Municipal Court has jurisdiction over the juvenile pursuant to section 19-2-104(1)(a)(II), C.R.S., the Municipal Court does not have the authority to order a child under eighteen years of age to a juvenile detention facility operated or contracted by the department of human services.
   1707. Summons And Complaint Or Penalty Assessment Notice For Traffic Offenses - Release - Registration.
   (1)   Whenever a person commits a violation of this Code other than a violation for which a penalty assessment notice may be issued in accordance with the provisions of this Code 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 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 statute 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.
   (2)   If a peace officer issues and serves a summons and complaint to appear in Municipal Court upon the defendant as described in subsection (1) of this section, any defect in form in such summons and complaint regarding the name and address of the defendant's driver's license, if any, the date and approximate location thereof, and the date the summons and complaint is served on the defendant may be cured by amendment at any time prior to trial or any time before verdict or findings upon an oral motion by the prosecuting attorney after notice to the defendant and an opportunity for a hearing. No such amendment shall be permitted if substantial rights of the defendant are prejudiced. No summons and complaint shall be considered defective so as to be cause for dismissal solely because of a defect in form in such summons and complaint as described in this subsection (2).
   (3)   (a)   Whenever a penalty assessment notice for a municipal offense is issued pursuant to this Code, 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 code 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 such offense, the amount of surcharge thereon, if any, the number of points, if any, prescribed for such offense 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 the Town's Municipal Court at a specified time and place in the event such penalty thereon are not paid; shall be signed by the peace officer; and shall contain a place for such defendant to elect to execute a signed acknowledgement of guilt and an agreement to pay the penalty prescribed thereon within twenty days, as well as such other information as may be required by town ordinance and C.M.C.R. to constitute such penalty assessment notice to be a summons and complaint, should the prescribed penalty thereon not be paid within the time allowed by ordinance or court order.
      (b)   One copy of said penalty assessment notice shall be served upon the defendant by the peace officer and one copy sent to the clerk of the Municipal Court.
   (4)   (a)   The time specified in the summons portion of said summons and complaint must be at least twenty days after the date such summons and complaint is served, unless the defendant shall demand an earlier court appearance date.
      (b)   The time specified in the summons portion of said penalty assessment notice shall be at least thirty days but not more than ninety days after the date such penalty assessment notice is served, unless the defendant shall demand an earlier court appearance date.
   (5)   The place specified in the summons portion of said summons and complaint or of the penalty assessment shall be the office of the Municipal Court clerk, 150 Ski Hill Road, in the Town.
   (6)   If the defendant is otherwise eligible to be issued a summons and complaint or a penalty assessment notice for a violation of this Code, and if the defendant does not possess a valid Colorado driver's license, the defendant, in order to secure release, as provided in this section, must either consent to be taken by the officer to the nearest mailbox and to mail the amount of the penalty thereon to the clerk of the Municipal Court or must execute a promise to appear in court on the penalty assessment notice or on the summons and complaint. If the defendant does possess a valid Colorado driver's license, the defendant shall not be required to execute a promise to appear on the penalty assessment notice or on the summons and complaint.
   1708. Traffic Infraction Procedures. The procedures set forth in section 1-8-12 of the Breckenridge town code shall be followed in connection with the processing of traffic infractions.
   1709. Burden Of Proof - Appeals.
   (1)   The burden of proof shall be upon the people, and the court shall enter judgment in favor of the defendant unless the people prove the liability of defendant beyond a reasonable doubt.
   (2)   Appeals from the Town's Municipal Court shall be in accordance with rule 237, C.M.C.R.
   1710. Penalty Assessment Notice For Traffic Offenses - Violations Of Provisions By Officer - Driver's License.
   (1)   Whenever a penalty assessment notice for a traffic offense is issued pursuant to this Code, 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 portion of this Code alleged to have been violated, a brief description of the traffic offense, the date and approximate location thereof, the amount of the penalty prescribed for such traffic infraction, the amount of the surcharge thereon pursuant to section 24-4.2-109, C.R.S., 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 upon the defendant; shall direct the defendant to appear in the Municipal Court at a specified time and place in the event such penalty and surcharge thereon 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 and surcharge thereon within twenty days, 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 and surcharge thereon not be paid within the time allowed or set by ordinance or court order.
   (2)   One copy of said penalty assessment notice shall be served upon the defendant by the peace officer and one copy sent to the supervisor of the motor vehicle division and such other copies sent as may be required by rule or regulation of the motor vehicle division to govern the internal administration of the state traffic laws between the motor vehicle division and the Colorado state patrol.
   (3)   The time period specified in the summons portion of said penalty assessment notice must be at least thirty days but not more than ninety days after the date such penalty assessment notice is served, unless the defendant shall demand an earlier hearing.
   (4)   The place specified in the summons portion of said penalty assessment notice shall be the Municipal Court.
   (5)   Whenever the defendant refuses to accept service of the penalty assessment notice, tender of such notice by the peace officer to the defendant shall constitute service thereof upon the defendant.
   1711. Failure To Pay Penalty - Procedures.
   (1)   Unless a person who has been cited for a misdemeanor traffic offense or traffic infraction pays the penalty assessment as provided in this Code and the surcharge thereon, if any, such person shall appear at a hearing on the date and time specified in the citation and answer the complaint against such person. It is unlawful and a separate misdemeanor traffic offense for any person to violate his or her written promise to appear given to a police officer upon arrest or issuance of a summons or penalty assessment notice for any violation of this Code.
   (2)   If the defendant answers that he or she is guilty or if the defendant fails to appear for the hearing, judgment shall be entered against the defendant.
   (3)   If the defendant denies the allegations in the complaint, a final hearing on the complaint shall be held subject to the applicable provisions of the Colorado Municipal Court rules of procedure regarding a speedy trial. If the defendant is found guilty or liable at such final hearing or if the defendant fails to appear for a final hearing, judgment shall be entered against the defendant.
   (4)   If judgment is entered against a defendant, the defendant shall be assessed an appropriate penalty and surcharge thereon. If the defendant had been cited by a penalty assessment notice, the penalty shall be assessed pursuant to section 1701. If a penalty assessment notice is prohibited by section 1705(1), the penalty shall be assessed pursuant to section 1701.
   1712. Compliance With Promise To Appear. A written promise to appear in court may be complied with by an appearance by counsel.
   1713. Procedure Prescribed Not Exclusive. The foregoing provisions of this Code shall govern all police officers in making arrests without a warrant for misdemeanor traffic offenses or issuing citations or penalty assessment notices for misdemeanor traffic offense violations of this Code, for misdemeanor traffic offenses or traffic infractions committed in their presence, but the procedures prescribed in this Code shall not otherwise be exclusive of any other method prescribed by law for the arrest or prosecution of a person for an offense or infraction of like grade.
   1714. Conviction Record Inadmissible In Civil Action. Except as provided in section 42-2-201 to 42-2-208, C.R.S., no record of the conviction of any person for any violation of this Code shall be admissible as evidence in any court in any civil action.
   1715. Traffic Violation Not To Affect Credibility Of Witness. The conviction of a person upon a charge of violating any provision of this Code or other traffic regulation less than a felony shall not affect or impair the credibility of such person as a witness in any civil or criminal proceeding.
   1716. Convictions, Judgment, And Charges Recorded - Public Records.
   (1)   The municipal judge and the clerk of the Municipal Court shall keep a full record of every case in which a person is charged with any violation of this Code or any other law regulating the operation of vehicles on highways.
   (2)   Within ten days after the entry of a judgment, conviction, or forfeiture of bail of a person upon a charge of violating any provision of this Code or other law regulating the operation of vehicles on highways, the municipal judge or the clerk of the Municipal Court shall prepare and immediately forward to the motor vehicle division of the department of revenue an abstract of the record of said court covering every case in which said person had a judgment entered against him or her, was so convicted, or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct.
   (3)   Said abstract must be made upon a form furnished by the department of revenue and shall include the name, address, and driver's license number of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or whether bail forfeited, and the amount of the fine or forfeiture as the case may be.
   1717. Notice To Appear Or Pay Fine - Failure To Appear - Penalty.
   (1)   For the purposes of this part 17, tender by a police officer of the summons and complaint or penalty assessment notice to a defendant charged with a traffic infraction who refuses to accept the same shall constitute notice to the defendant to appear in Municipal Court at the time specified on such summons or to pay the required fine and surcharge thereon. If a defendant refuses to accept a penalty assessment notice for a designated misdemeanor traffic offense, the police officer may issue and serve the defendant a summons and complaint or may arrest the defendant.
   (2)   It shall be unlawful and a misdemeanor offense for a person to violate his or her written promise to appear in court given to an officer upon arrest or issuance of a summons or penalty assessment notice for any violation of this Code.
   1718. Conviction - Attendance At Driver Improvement School. Whenever a person has been convicted of violating any provision of this Code or other law regulating the operation of vehicles on highways, the court, in addition to the penalty provided for the violation or as a condition of either the probation or the suspension of all or any portion of any fine or sentence of imprisonment for a violation other than a traffic infraction, may require the defendant, at his own expense, if any, to attend and satisfactorily complete a course of instruction at any designated driver improvement school providing instruction in the traffic laws of this state, instruction in recognition of hazardous traffic situations, and instruction in traffic accident prevention. Unless otherwise provided by law, such school shall be approved by the court.
   1719. Notice On Illegally Parked Vehicle; Authority Of Parking Enforcement Operator To Enforce Certain Parking Laws.
   A.   Whenever any motor vehicle is found parked or stopped in violation of any of the restrictions imposed by this Code, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user if the driver of the vehicle is not present, 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.
   B.   (1)   The Town's parking enforcement operator shall have the power to enforce all of the restrictions imposed by Part 12 of the Town's Model Traffic Code (concerning the parking of motor vehicles) as adopted by reference and amended in Chapter 1 of Title 7 of this Code, except for Section 1208 of the Town's Model Traffic Code concerning parking privileges for persons with disabilities, which the Town's parking enforcement operator is not authorized to enforce.
   (2)   Whenever any motor vehicle is found parked or stopped in violation of any of the restrictions imposed by this Code that the parking enforcement operator is authorized to enforce pursuant to subsection (1) of this section, the parking enforcement operator shall take such vehicle's registration number and may take any other information displayed on the vehicle which may identify its user if the driver of the vehicle is not present, 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.
   1720. Failure To Comply With Notice On Parked Vehicle. If the driver or owner of an unattended motor vehicle charged with an apparent violation of the restrictions on stopping, standing or parking under this Code 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 office of the Municipal Court clerk, or by mailing payment by means of the United States mail, or by other disposition of the charge as provided by law, the Town shall send another notice by mail to the registered owner of the vehicle to which the original notice was affixed, warning such owner that in the event such notice is disregarded for a period of twenty (20) days from the date of mailing, a complaint will be filed. If the applicable penalty or fine is not paid within such twenty day period, a summons and complaint shall be filed with the Municipal Court and served upon the registered owner of the vehicle directing such owner to appear at a time and place specified as in the case of other municipal offenses. It is unlawful and a separate misdemeanor traffic offense for a person to fail to respond to a summons and complaint served pursuant to this section.
   1721. Presumption In Reference To Illegal Parking. In a prosecution charging a violation of any provision of this Code pertaining to the stopping, standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such regulation, together with proof that the defendant named in the complaint was at the time of such parking 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. (Ord. 41, Series 2020)