PARK COUNTY, COLORADO

Ordinance No. 05-01

AN ORDINANCE OF PARK COUNTY, COLORADO ADOPTING A 'CHAIN LAW' FOR MOTOR VEHICLES OPERATED ON PUBLIC ROADS (EXCLUDING STATE AND FEDERAL HIGHWAYS) DURING PERIODS OF ADVERSE WEATHER CONDITIONS WHEN DEEMED REASONABLY NECESSARY FOR THE PROTECTION AND SAFETY OF THE PUBLIC.

WHEREAS, Section 42-4-111 (v) of the Colorado Revised Statutes, under the Colorado Uniform Motor Vehicle Law, permits counties to adopt "such temporary or experimental regulations as may be necessary to cover emergencies or special conditions;" and

WHEREAS, Section 42-4-110 (1) (a) of the Colorado Revised Statutes permits counties to adopt traffic regulations for public roads (except for State and Federal Highways), which cover the same subject matter set forth elsewhere in the Colorado Motor Vehicle Law; and

WHEREAS, Section 42-4-106 (5) of the Colorado Revised Statutes provides that a 'chain law' may be implemented by the Colorado Department of Transportation in accordance with said 'chain law' statute; and

WHEREAS, the Board of County Commissioners finds that, due to the adverse weather conditions that may occur in Park County and the resulting dangerous driving conditions, it is in the best interests of the County for the protection and safety of the public to adopt a 'chain law' similar to Section 42-4-106 (5) of the Colorado Revised Statutes, which shall apply to the operation of motor vehicles on restricted portions of public roads (excluding State and Federal Highways) during applicable time periods; and

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS FOR PARK COUNTY:

Section 1.     The Park County Road & Bridge Department ("Road & Bridge") shall have the authority to close any portion of a public road, excluding State and Federal Highways, to public travel by motor vehicles or to prohibit the use thereof by motor vehicles unless the motor vehicles are equipped with tire chains, four-wheel drive with adequate tires for the existing conditions, or snow tires with a 'mud and snow' or all weather rating from the manufacturer having a tread of sufficient abrasive or skid-resistant design or composition and depth to provide adequate traction under existing driving conditions during storms or when other dangerous driving conditions exist or during construction or maintenance operations whenever Road & Bridge considers such closing or restriction of use necessary for the protection and safety of the public. 'Tire chains' shall mean metal chains, which consist of two circular metal loops, one on each side of the tire, connected by not less than nine evenly spaced chains across the tire tread and any other similarly constructed traction devices differing from such metal chains in construction, material, or design but capable of providing traction equal to or exceeding that of such metal chains under similar conditions. When this Ordinance has been implemented by Road & Bridge, the operator of a commercial vehicle with four or more drive wheels shall affix tire chains to at least four drive wheels; the operator of a bus shall affix tire chains to at least two of the drive wheels of such vehicle.

Section 2.     Such prohibition or restriction of use shall be effective when signs, including temporary or electronic signs, giving notice thereof, are erected upon such portion of said public road, and it shall be unlawful to proceed in violation of such notice. The Colorado State Patrol and the Park County Sheriff's Office are authorized to assist in the enforcement of this Ordinance.

Section 3.     Any person who operates a motor vehicle in violation of the restrictions imposed by Road & Bridge pursuant to this Ordinance, where the result of the violation is an incident that (1) either causes the closure of one or more lanes of the public road or (2) results in an accident involving property damage and/or personal injury, shall be subject to an enhanced penalty as set forth in Section 42-4-1701 (4) (a) (I) (F) of the Colorado Revised Statutes.

Section 4.     Pursuant to C.R.S. § 30?15?405, this Ordinance shall be published in full following its initial introduction and reading, published by title only following final adoption by the Board of County Commissioners, and shall be effective thirty (30) days following such publication by title only.