Skip to main content
Loading…
This section is included in your selections.

The definitions set forth in the Appendix of the adopted code entitled "Definitions" are deleted, and replaced with the following definitions

As used in this Code, unless the context otherwise requires:

1. "Acceleration lane" means a speed-change lane, including tapered areas, for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can more safely merge with through traffic.

2. "Alley" means a street or highway intended to provide access to the rear or side of lots or buildings in urban areas and not intended for the purpose of through vehicular traffic.

3. "Appurtenance" means a piece of equipment that is affixed or attached to a motor vehicle or trailer and is used for a specific purpose or task, including awnings, support hardware, and extractable equipment. "Appurtenance" does not include any item or equipment that is temporarily affixed or attached to the exterior of a motor vehicle for the purpose of transporting such vehicle.

4. "Authorized emergency vehicle" means such vehicles of the fire department, police vehicles, ambulances, and other special-purpose vehicles as are publicly owned and operated by or for a governmental agency to protect and preserve life and property in accordance with state laws regulating emergency vehicles; said term also means the following if equipped and operated as emergency vehicles in the manner prescribed by state law:

a. Privately owned vehicles as are designated by the state motor vehicle licensing agency necessary to the preservation of life and property; or

b. Privately owned tow trucks approved by the public utilities commission to respond to vehicle Emergencies.

5. "Authorized service vehicle" means such highway or traffic maintenance vehicles as are publicly owned and operated on a highway by or for a governmental agency the function of which requires the use of service vehicle warning lights as prescribed by state law and such other vehicles having a public service function, including, but not limited to, public utility vehicles and tow trucks, as determined by the department of transportation under section 42-4-214(5), C.R.S. Some vehicles may be designated as both an authorized emergency vehicle and an authorized service vehicle.

6. "Autocycle" means a three-wheeled motorcycle that does not use handlebars or any other device that is directly connected to a single front wheel to steer and in which the driver and each passenger ride in a fully or partly enclosed seating area that is equipped with safety belts for all occupants that constitute a safety belt system, as defined in section 42-4-237(1)(b), C.R.S. For purposes of this subsection (7.5), "partly enclosed seating area" means a seating area that is entirely or partly surrounded on the sides by the frame or body of a vehicle but is not fully enclosed.

7. "Automated driving system" means hardware and software that are collectively capable, without any intervention or supervision by a human operator, of performing all aspects of the dynamic driving task for a vehicle on a part-time or full-time basis, described as levels 4 and 5 automation in SAE International's standard J3016, as it existed in September 2016.

8. "Automobile" means any motor vehicle.

9. "Bicycle" means a vehicle propelled by human power applied to pedals upon which a person may ride having two tandem wheels or two parallel wheels and one forward wheel, all of which are more than fourteen inches in diameter.

10. "Bicycle Lane" means a portion of the roadway that has been designated by striping, signage, or pavement markings for the exclusive use of bicyclists and other authorized users of bicycle lanes. "Bicycle lane" includes an intersection if the bicycle lane is marked on opposite sides of the intersection.

11. "Block" has the meaning provided in the town's subdivision standards (title 9, chapter 2 of the town code).

12. "Business district" means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to motels, banks, office buildings, railroad stations, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.

13. "Calendar year" means the twelve calendar months beginning January 1 and ending December 31 of any year.

14. "Camper coach" means an item of mounted equipment, weighing more than five hundred pounds, which when temporarily or permanently mounted on a motor vehicle adapts such vehicle for use as temporary living or sleeping accommodations.

15. "Camper trailer" means a wheeled vehicle having an overall length of less than twenty-six feet, without motive power, which is designed to be drawn by a motor vehicle over the public highways and which is generally and commonly used for temporary living or sleeping accommodations.

16. "C.M.C.R." means the Colorado Municipal Court rules of procedure, as amended from time to time.

17. "Code" or "Town Traffic Code" means the Model Traffic Code for Colorado, 2020 edition, as adopted and amended by title 7, chapter 1 of the town code.

18. "Commercial carrier" means any owner of a motor vehicle, truck, laden or unladen truck tractor, trailer, or semitrailer used in the business of transporting persons or property over the public highways for profit, hire, or otherwise in any business or commercial enterprise.

19. "Commercial vehicle" means a vehicle used to transport cargo or passengers for profit, hire, or otherwise to further the purposes of a business or commercial enterprise. This subsection (19) shall not apply for purposes of sections 42-4-235 and 42-4-707(1), C.R.S.

20. "Controlled-access highway" means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.

21. "Convicted" or "conviction" means:

a. A plea of guilty or nolo contendere;

b. A verdict of guilty;

c. An adjudication of delinquency under title 19, C.R.S.;

d. The payment of a penalty assessment under section 42-4-1701, C.R.S., or this Code, if the summons states clearly the points to be assessed for the offense; and

e. As to a holder of a commercial driver's license as defined in section 42-2-402, C.R.S., or the operator of a commercial motor vehicle as defined in section 42-2-402, C.R.S.:

I. An unvacated adjudication of guilt or a determination by an authorized administrative hearing that a person has violated or failed to comply with the law;

II. An unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court;

III. The payment of a fine or court cost or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated; or

IV. A deferred sentence.

22. "Court" means any Municipal Court, county court, district court, or any court having jurisdiction over offenses against traffic regulations and laws.

23. "Crosswalk" means that portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other marking on the surface.

24. "Dealer" means every person engaged in the business of buying, selling, or exchanging vehicles of a type required to be registered under articles 1 to 4 of title 42, C.R.S., and who has an established place of business for such purpose in this state.

25. "Deceleration lane" means a speed-change lane, including tapered areas, for the purpose of enabling a vehicle that is to make an exit to turn from a roadway to slow to the safe speed on the ramp ahead after it has left the mainstream of faster-moving traffic.

26. "Declared gross vehicle weight" means the combined weight of the vehicle or combination vehicle and its cargo when operated on the public highways of this state. Such weight shall be declared by the vehicle owner at the time the vehicle is registered. Accurate records shall be kept of all miles operated by each vehicle over the public highways of this state by the owner of each vehicle.

27. "Department" means the Department of Revenue of this state acting directly or through its duly authorized officers and agents.

28. "Divided highway" means a highway with separated roadways usually for traffic moving in opposite directions, such separation being indicated by depressed dividing strips, raised curbings, traffic islands, or other physical barriers so constructed as to impede vehicular traffic or otherwise indicated by standard pavement markings or other official traffic control devices as prescribed in the state traffic control manual.

29. "Driver" means every person, including a minor driver under the age of twenty-one years, who drives or is in actual physical control of a vehicle.

30. 

a. "Dynamic driving task" means all of the following aspects of driving:

I. Operational aspects, including steering, braking, accelerating, and monitoring the vehicle and the roadway; and

II. Tactical aspects, including responding to events, determining when to change lanes, turning, using signals, and other related actions.

b. "Dynamic driving task" does not include strategic aspects, including determining destinations or way points, of driving.

31. "Electrical assisted bicycle" means a vehicle having three wheels and fully operable pedals, and an electric motor not exceeding seven hundred fifty watts of power. Electrical assisted bicycles are further required to conform to one of three classes as follows:

a. "Class 1 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour.

b. "Class 2 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour.

c. "Class 3 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight miles per hour.

32. "Electric personal assistive mobility device" or "EPAMD" means a self-balancing, nontandem 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 seven hundred fifty watts.

33. "Empty weight" means the weight of any motor vehicle or trailer or any combination thereof, including the operating body and accessories, as determined by weighing on a scale approved by the department.

34. "Farm tractor" means every implement of husbandry designed and used primarily as a farm implement for drawing plows and mowing machines and other implements of husbandry.

35. "Garage" means any public building or place of business for the storage or repair of automobiles.

36. "Golf car" means a self-propelled vehicle not designed primarily for operation on roadways and that has:

a. A design speed of less than twenty miles per hour;

b. At least three wheels in contact with the ground;

c. An empty weight of not more than one thousand three hundred pounds; and

d. A carrying capacity of not more than four persons.

37. "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every way declared to be a public highway by any law of this state.

38. "Human operator" means a natural person in the vehicle with immediate access to controls for steering, braking, and acceleration.

39. "Immediate family" means a person who is related by blood, marriage, or adoption.

40. "Implement of husbandry" means every vehicle that is designed, adapted, or used for agricultural purposes. It also includes equipment used solely for the application of liquid, gaseous, and dry fertilizers. Transportation of fertilizer, in or on the equipment used for its application, shall be deemed a part of application if it is incidental to such application. It also includes hay balers, hay stacking equipment, combines, tillage and harvesting equipment, agricultural commodity handling equipment, and other heavy movable farm equipment primarily used on farms or in a livestock production facility and not on the highways. Trailers specially designed to move such equipment on highways shall be considered as component parts of such implements of husbandry. "Implements of husbandry" includes personal property valued by the county assessor as silvicultural.

41. "Infraction" or "Traffic Infraction" means a civil (non-criminal) traffic offense of this Code as described in section 7-1-6 of the town code.

42. "In-Line Skates" means a shoe with a set of wheels attached in a straight line commonly used for skating over a flat surface.

43. "Intersection" means the area embraced within the prolongation of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two roadways thirty feet or more apart, every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, every crossing of two roadways of such highways shall be regarded as a separate intersection. The junction of an alley with a street or highway does not constitute an intersection.

44. "Lane" means the portion of a roadway for the movement of a single line of vehicles.

45. "Laned highway" means a highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic.

46. "Lien" means a security interest in a motor or off-highway vehicle under article 9 of title 4, C.R.S., and title 42, C.R.S.

47. "Local authorities" means every county, municipal, and other local board or body having authority to adopt local police regulations under the constitution and laws of this state.

48. 

a. "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:

I. A cylinder capacity not exceeding fifty cubic centimeters if powered by internal combustion; or

II. A wattage not exceeding four thousand four hundred seventy-six if powered by electricity.

b. "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.

49. "Low-speed electric vehicle" means a vehicle that:

a. Is self-propelled utilizing electricity as its primary propulsion method;

b. Has at least three wheels in contact with the ground;

c. Does not use handlebars to steer; and

d. Exhibits the manufacturer's compliance with 49 CFR 565 or displays a seventeen-character vehicle identification number as provided in 49 CFR 565.

50. "Manufactured home" means any preconstructed building unit or combination of preconstructed building units, without motive power, where such unit or units are manufactured in a factory or at a location other than the residential site of the completed home, which is designed and commonly used for occupancy by persons for residential purposes, in either temporary or permanent locations, and which unit or units are not licensed as a vehicle.

51. "Manufacturer" means any person, firm, association, corporation, or trust, whether resident or nonresident, who manufactures or assembles new and unused motor vehicles of a type required to be registered under articles 1 to 4, C.R.S.

52. "Markings" means all lines, patterns, words, colors, or other devices, except signs, set into the surface of, applied upon, or attached to the pavement or curbing or to objects within or adjacent to the roadway, conforming to the state traffic control manual and officially placed for the purpose of regulating, warning, or guiding traffic.

53. "Metal tires" means all tires the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.

54. "Misdemeanor," "Misdemeanor Traffic Offense" or "Criminal Traffic Offense" means a criminal (non-infraction) violation of this Code as described in section 7-1-7 of the town code.

55. "Motorcycle" means an autocycle or a motor vehicle that uses handlebars or any other device connected to the front wheel to steer and that is designed to travel on not more than three wheels in contact with the ground, except that the term does not include a farm tractor, low-speed electric vehicle, or low-power scooter.

56. "Motor home" means a vehicle designed to provide temporary living quarters and which is built into, as an integral part of or a permanent attachment to, a motor vehicle chassis or van.

57. "Motor vehicle" means any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways or a low-speed electric vehicle. The term does not include electrical assisted bicycles, low-power scooters, wheelchairs, or vehicles moved solely by human power. For the purposes of the offense described in section 1401, farm tractors and off-highway vehicles operated on streets and highways within the town, "motor vehicle" includes a farm tractor or an off-highway vehicle that is not otherwise classified as a motor vehicle.

58. "Mounted equipment" means any item weighing more than five hundred pounds that is permanently mounted on a vehicle, including mounting by means such as welding or bolting the equipment to a vehicle.

59. "Multipurpose trailer" means a wheeled vehicle, without motive power, that is designed to be drawn by a motor vehicle over the public highways. A "multipurpose trailer" is generally and commonly used for temporary living or sleeping accommodation and transporting property wholly upon its own structure and is registered as a vehicle.

60. "Municipal Court" means the Municipal Court of the town of Breckenridge, Colorado.

61. "Nonresident" means every person who is not a resident of this state.

62. "Off-highway vehicle" shall have the same meaning as set forth in section 33-14.5-101 (3), C.R.S.

63. "Official traffic control devices" means all signs, signals, markings, and devices, not inconsistent with this title, placed or displayed by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.

64. "Official traffic control signal" means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.

65. "Owner" means a person who holds the legal title of a vehicle; or, if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of articles 1 to 4 of title 42, C.R.S. The term also includes parties otherwise having lawful use or control or the right to use or control a vehicle for a period of thirty days or more.

66. "Park" or "parking" means the standing of a vehicle, whether occupied or not, other than very briefly for the purpose of and while actually engaged in loading or unloading property or passengers.

67. "Parking Enforcement Operator" means a person under contract to the town whose duties include, but are not limited to, enforcement of certain of the town's laws concerning the parking of motor vehicles. The term "parking enforcement operator" includes any employee of the town's parking enforcement operator acting within the course and scope of his or her employment.

68. "Pathway" means a foot path.

69. "Pedal Bus" means a non-motorized vehicle that is available for hire that has more than three wheels and moves by human power provided by the operator and/or passengers of the vehicle.

70. "Pedicab" means a three-wheeled vehicle for hire that regularly transports passengers for a fee using only human power.

71. "Pedestrian" means any person afoot or any person using a wheelchair.

72. "Person" means a natural person, estate, trust, firm, copartnership, association, corporation, or business entity.

73. "Pneumatic tires" means all tires inflated with compressed air.

74. "Police officer" means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

75. "Private Property" means any property under the ownership, control or management of any person other than a governmental agency.

76. "Private road" or "driveway" means every road or driveway not open to the use of the public for purposes of vehicular travel.

77. "Public Property" means any property under the ownership, control or management of a governmental agency. Public property includes, but is not limited to, streets, alleys, public rights-of-way, public easements (including, but not limited to, utility and snowstacking or snow removal easements), public parks and publicly owned or operated parking areas.

78. "Railroad sign or signal" means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

79. "Residential Block" means a block of any street within the town which is mainly occupied by buildings or structures devoted to a residential use as defined in the town's development code (title 9, chapter 1 of the town code).

80. "Residence district" means the territory contiguous to and including a highway not comprising a business district when the frontage on such highway for a distance of three hundred feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business.

81. "Resident" means any person who owns or operates any business in this state or any person who has resided within this state continuously for a period of ninety days or has obtained gainful employment within this state, whichever shall occur first.

82. "Right-of-way" means the right of one vehicle operator or pedestrian to proceed in a lawful manner in preference to another vehicle operator or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other.

83. "Road" means any highway.

84. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk, berm, or shoulder even though such sidewalk, berm, or shoulder is used by persons riding bicycles or other human-powered vehicles and exclusive of that portion of a highway designated for exclusive use as a bicycle path or reserved for the exclusive use of bicycles, human-powered vehicles, or pedestrians. In the event that a highway includes two or more separate roadways, "roadway" refers to any such roadway separately but not to all such roadways collectively.

85. "Safety zone" means the area or space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone.

86. "School bus" means a motor vehicle that is designed and used specifically for the transportation of school children to or from a public or private school or a school-related activity, whether the activity occurs within or without the territorial limits of any district and whether or not the activity occurs during school hours. "School bus" does not include informal or intermittent arrangements, such as sharing of actual gasoline expense or participation in a car pool, for the transportation of school children to or from a public or private school or a school-related activity.

87. 

a. "School vehicle" means a motor vehicle, including but not limited to a school bus, that is owned by or under contract to a public or private school and operated for the transportation of school children to or from school or a school-related activity.

b. "School vehicle" does not include:

I. Informal or intermittent arrangements, such as sharing of actual gasoline expense or participation in a car pool, for the transportation of school children to or from a public or private school or a school-related activity; or

II. A motor vehicle that is owned by or under contract to a child care center, as defined in section 26-6-102 (5), C.R.S., and that is used for the transportation of children who are served by the child care center.

88. "Sidewalk" means that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.

89. "Skateboard" means a short board mounted on small wheels which is used for coasting and often for performing athletic stunts.

90. "Snowplow" means any vehicle originally designed for highway snow and ice removal or control or subsequently adapted for such purposes which is operated by or for the State of Colorado or any political subdivision thereof.

91. "Solid rubber tires" means every tire made of rubber other than a pneumatic tire.

92. "Special Event" has the meaning provided in the town's development code (title 9, chapter 1 of the town code), if any.

93. "Stand" or "standing" means the halting of a vehicle, whether occupied or not, other than momentarily for the purpose of and while actually engaged in receiving or discharging passengers.

94. "State" means a state, territory, organized or unorganized, or district of the United States.

95. "State motor vehicle licensing agency" means the department of revenue.

96. "State traffic control manual" means the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways," including any supplement thereto, as adopted by the transportation commission.

97. "Steam and electric trains" includes:

a. "Railroad," which means a carrier of persons or property upon cars, other than street cars, operated upon stationary rails;

b. "Railroad train," which means a steam engine, electric, or other motor, with or without cars coupled thereto, operated upon rails, except streetcars;

c. "Streetcar," which means a car other than a railroad train for transporting persons or property upon rails principally within a municipality.

98. "Stinger-steered" means a semitrailer combination configuration wherein the fifth wheel is located on a drop frame located behind and below the rearmost axle of the power unit.

99. "Stop" or "stopping" means, when prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.

100. "Stop line" or "limit line" means a line which indicates where drivers shall stop when directed by an official traffic control device or a police officer.

101. "Street rod vehicle" means a vehicle manufactured in 1948 or earlier with a body design that has been modified for safe road use.

102. "Supervisor" means the executive director of the department of revenue or head of a group, division, or subordinate department appointed by the executive director in accordance with article 35 of title 24, C.R.S.

103. "Surge brakes" means a system whereby the brakes of a trailer are actuated as a result of the forward pressure of the trailer against the tow vehicle during deceleration.

104. "Through highway" means every highway or portion thereof on which vehicular traffic is given preferential right-of-way and at the entrances to which other vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic control device when such signs or devices are erected as provided by law.

105. "Town" means the town of Breckenridge, Colorado.

106. "Town Authorities" means the police chief of the town of Breckenridge, or his or her designee, or the director of public works, or his or her designee.

107. "Town Code" means the town code of the town of Breckenridge, Colorado.

108. 

a. "Toy vehicle" means any vehicle, that has wheels and is not designed for use on public highways or for off-road use.

b. "Toy vehicle" includes, but is not limited to, gas-powered or electric-powered vehicles commonly known as mini bikes, "pocket" bikes, kamikaze boards, go-peds, and stand-up scooters.

c. "Toy vehicle" does not include off-highway vehicles or snowmobiles.

109. "Traffic" means pedestrians, ridden or herded animals, and vehicles, streetcars, and other conveyances either singly or together while using any highway for the purposes of travel.

110. "Traffic Investigation or Survey" means a documented, data driven, comprehensive analysis using methods consistent with an Engineering Study as defined in the latest edition of the Manual on Uniform Traffic Control Devices.

111. "Trailer" means any wheeled vehicle, without motive power, which is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure and that is generally and commonly used to carry and transport property over the public highways. The term includes, but is not limited to, multipurpose trailers as defined in subsection (60.3) of this section.

112. "Transporter" means every person engaged in the business of delivering vehicles of a type required to be registered under articles 1 to 4 of this title from a manufacturing, assembling, or distributing plant to dealers or sales agents of a manufacturer.

113. "Truck" means any motor vehicle equipped with a body designed to carry property and which is generally and commonly used to carry and transport property over the public highways.

114. "Vehicle" means a device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. "Vehicle" includes, without limitation, a bicycle, electrical assisted bicycle, or EPAMD, but does not include a wheelchair, off-highway vehicle, snowmobile, farm tractor, or implement of husbandry designed primarily or exclusively for use and used in agricultural operations or any device moved exclusively over stationary rails or tracks or designed to move primarily through the air.

115. "Vendor" means an organization that collects bulk data for the purpose of reselling the data.

116. "Wheelchair" means a motorized or nonmotorized wheeled device designed for use by a person with a physical disability.

Terms not defined in this Code shall be given their common meaning. (Ord. 41, Series 2020)