Colorado City Laws: What's Allowed?

what kind of laws can a city pass colorado

In Colorado, cities and towns have the power to enact their own laws, known as Ordinances. These local laws cover a range of topics, from outdoor activities to driving regulations. For example, Colorado is known for its ski resorts, and the state has a law requiring all minors under 17 to wear helmets for skiing and snowboarding, as well as the Ski Safety Act, which acknowledges the risks associated with these sports. The state also boasts beautiful hiking trails, but hikers must be aware of rules prohibiting straying from designated trails and protecting natural resources. When it comes to driving, Colorado has strict seat belt laws and child car seat requirements, with additional restrictions on phone usage for drivers, especially minors. The state also introduced new specialty license plates in 2023, along with changes to the move-over, slow-down law, which now includes all vehicles with hazard lights pulled over on the side of the road.

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Cities and towns can pass their own laws, called Ordinances

In Colorado, cities and towns have the power to enact their own laws, known as Ordinances. These laws are specific to each municipality and cover a range of topics relevant to local governance and the day-to-day lives of residents and visitors.

Ordinances can vary significantly from one town to another, so it's important for individuals to be aware of the laws in their particular area. For instance, an ordinance in one city may require residents to adhere to specific noise regulations, while another town may have an ordinance that focuses on regulating activities related to outdoor recreation, driving, or other local concerns. These laws are enacted by the local legislative body, often the city or town council, and they have the force of law within the municipality's jurisdiction.

The process of creating and enacting Ordinances typically involves public input and discussion. Public hearings may be held to gather feedback from residents, and the proposed ordinance may undergo revisions based on this input. Ultimately, the final decision on whether to adopt the ordinance rests with the local legislative body.

Ordinances can cover a wide range of topics, including but not limited to zoning and land use regulations, public health and safety measures, local business licensing and regulation, noise and nuisance ordinances, parking and traffic regulations, and ordinances specific to local needs and concerns, such as those governing the aforementioned skiing and snowboarding safety or hiking trail rules.

It's important to note that Ordinances must not conflict with federal or state laws. They operate within the framework of higher-level legislation and are designed to address issues specific to the municipality. If an ordinance is found to be in violation of federal or state law, it may be challenged and ultimately struck down.

To access the specific Ordinances in your city or town, you can check with your local government or visit the Colorado Supreme Court library, which offers free access to an electronic municipal code database.

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Strict seat belt laws

In Colorado, cities and towns have the power to pass their own laws, known as Ordinances. While the specifics of these laws will vary depending on the locality, one area that is standardised across the state is the requirement to wear a seat belt when operating a motor vehicle.

Colorado's seat belt law is strict and far-reaching, applying to drivers, front-seat passengers, and passengers in the rear of the vehicle. The law also applies to children, with those under the age of 16 required to be restrained by either a seat belt or a child restraint system, depending on their age and weight. This law is enforced by the Colorado Revised Statutes, which classify a failure to wear a seat belt as a Class B traffic infraction, punishable by a fine. Importantly, a driver cannot be cited for this infraction alone; they must be stopped for another alleged traffic violation.

The reasoning behind Colorado's strict seat belt laws is clear: seat belts save lives. The National Highway Traffic Safety Administration (NHTSA) estimates that wearing a seat belt reduces the risk of severe injury or death by up to 65%. This is especially important for rear-seat passengers, as an unbelted individual in the back seat increases the risk of fatality for the driver by 137%. Despite these risks, in 2021, more than one person per hour died while not wearing a seat belt in passenger vehicle crashes.

Colorado's Graduated Drivers Licensing (GDL) law further emphasises the importance of seat belt use for teens. This law allows teens to be pulled over solely for not wearing a seat belt or for having unrestrained passengers. This stricter enforcement for teens recognises the higher risk of fatality for young adults aged 18 to 34, with more than half of those killed in passenger vehicle crashes in 2021 being unrestrained.

In addition to the safety benefits, Colorado's strict seat belt laws also have legal implications in the event of an accident. Evidence of failing to wear a seat belt can be used in court to mitigate or lessen damages associated with pain and suffering, potentially reducing the compensation awarded to the unrestrained individual.

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Child car seat laws

In Colorado, cities and towns have the power to pass their own laws, known as Ordinances. These laws are accessible to the public, and the Colorado Supreme Court library offers free access to an electronic municipal code database.

Now, here's information on Colorado's child car seat laws:

In Colorado, parents and caregivers are legally responsible for ensuring that children are properly restrained in a motor vehicle. The state's Child Passenger Safety Law mandates that safety seats should be installed and used according to the manufacturer's instructions and the vehicle owner's manual. This law applies to all children riding in a vehicle operated by, or on behalf of, a common carrier, contract carrier, or luxury limousine service. Violation of this law is a primary enforcement action, meaning a driver can be pulled over and ticketed specifically for not properly securing a child. This offence incurs a $65 fine and a $6 surcharge.

Additionally, caregivers can face further charges if a child is not properly restrained and subsequently injured. These laws are regularly updated to reflect the latest research-based recommendations on car seat, booster seat, and seat belt use for children. For example, in June 2024, Governor Jared Polis signed HB24-1055, a bill that updated Colorado's child passenger safety law, with the new rules taking effect on January 1, 2025.

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Strict littering laws

In Colorado, cities and towns have the power to pass their own laws, known as Ordinances. These laws are accessible to the public, who can refer to the Colorado Supreme Court library for an electronic municipal code database.

One type of law that Colorado cities can and do pass pertains to littering. The state's laws already prohibit littering on public or private property or in any body of water. However, cities can enforce stricter littering laws by specifying the types of littering that will incur stricter punishments. For example, a city ordinance may specify that littering from a motor vehicle is subject to stricter penalties.

Colorado's state laws define "litter" as:

> "...all rubbish, waste material, refuse, garbage, trash, debris, or other foreign substances, solid or liquid, of every form, size, kind..."

Littering is only exempt when the litter is placed in a designated receptacle or container on the property for that purpose or when the person littering has the written consent of the property owner or tenant in lawful possession.

The enforcement of anti-littering laws falls to law enforcement officers, the Colorado state patrol, district wildlife managers, and other commissioned officers of the division of parks and wildlife. When a person is charged with littering, a peace officer will issue a summons for them to appear in court. The court has the discretion to impose a fine or suspend the fine on the condition that the convicted person gathers and removes litter from specified public or private property.

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Move-over, slow-down laws

In Colorado, cities and towns have the power to pass their own laws, known as Ordinances. One example of a statewide law that has been recently updated is the "Move Over, Slow Down" law.

This law requires drivers to change lanes and/or slow down when approaching stopped vehicles on the side of the road, including emergency vehicles, road crews, or any disabled vehicles. The purpose of this law is to protect emergency responders and other road users who are in a dangerous position near live traffic. All states have a version of this law, but Colorado's is considered one of the strongest. The law was updated in 2023, with Gov. Jared Polis signing HB23-1123 into law. This was in response to 2022 being the deadliest year on Colorado roads and the fact that nearly a quarter of people were unaware of the existing Move Over law.

The updated law requires drivers to move over a lane whenever they encounter any stationary vehicle on the side of the road. If changing lanes is unsafe or impossible, drivers must slow down to a speed of at least 20 mph below the posted speed limit on roads with a speed limit above 45 mph. On roads with a speed limit below 45 mph, drivers must slow down to at least 25 mph. Failure to obey this law can result in a Class 2 misdemeanour traffic offence, with possible fines of up to $300 and a 3-point license violation. If a failure to obey the law results in serious bodily injury or death, the consequences can be even more severe, including prison time and heftier fines.

Frequently asked questions

Cities and towns in Colorado can pass their own laws, known as Ordinances. These laws are available to the public via the Colorado Supreme Court library, which offers free access to an electronic municipal code database.

Here are some examples of laws that have been passed in Colorado:

- A move-over, slow-down law: Requires drivers to move over or slow down for any vehicles on the side of the road with hazard lights on.

- Seat belt law: All passengers in a moving vehicle are required to wear a seat belt.

- Child car seat law: Children under the age of 8 must be in a car seat or booster seat. The orientation of the seat (rear-facing or forward-facing) depends on the child's age.

- Ski Helmet Law: All children under 17 must wear helmets while skiing or snowboarding.

- Hiking laws: Hikers must stay on designated trails and are prohibited from damaging or removing natural resources.

The consequences of breaking these laws vary. For example, failing to wear a seat belt can result in a fine of $65, while texting or using a handheld cell phone while driving can lead to a $300 fine for adults and a $50 fine for minors. Breaking the move-over, slow-down law can result in a fine of up to $100, and drivers may also have points added to their license, which could lead to a suspension.

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