highway patrollawcollections.colorado.edu/allfile/305711.pdf · 470 highway patrol [ch, 125 chapter...

470 HIGHWAY PATROL [Ch, 125

C H A PT E R 1S5

HIGHWAY PATROL

c r e a t e d a n d e s t a b l i s h e d

(Senate B ill No. 8. B y Senator H ouston [22nd], and R epresentat iv e s Johnston [D ave], Johns, N oian, V lgnol, Graham, Harney, T insley, Clennan, Colorado, M cAuliffe, Guerrero, M cFarland, Day, Trainer, H allen, O’Toole, N evin , U l le y and R ay)

A N A C TTO C R EA TE AND E ST A B L ISH A ST A T E H IG H W A Y COUR

T ESY PA TR O L.

Be It Enacted by the General Assembly of the State of Colorado:

H ig h w a y Section 1. There is hereby established and cre-EstnhHsiiertllnl ated a Highway Courtesy Patrol to be known as the

“State Highway Courtesy Patrol,” and hereinafter referred to as the patrol, which shall be under the supervision of a board hereinafter created and to be' known as the State Highway Courtesy Patrol Board, hereinafter referred to as the “Board.”

Decinrntion Section 2, It is declared necessary in the interestof co-operation and coordinating the efforts of the various departments regulating and controlling ve- hides and motor vehicles upon the highways of Colo-

courtwy patrol rado, or the taxation thereof, that a State Highway bo," d created Courtesy Patrol Board be hereby created. Such Board

shall consist of three (3) members, one of whom shall be a member of the Public Utilities Commission of the State of Colorado, who shall be selected by members

Ch. 125] HIGHWAY PATROL 471

of said Public Utilities Commission, to serve on said Board, the State Highway Engineer and the Secretary of State of the State of Colorado. The members of the Board shall serve thereon without additional salary or compensation during their respective terms of office, and said Board shall, and is hereby invested with the power and authority to supervise said Highway Patrol and administer the provisions of this Act.

In the event any of the departments regulating and controlling motor vehicles or the taxation thereof, shall feel aggrieved at any rules or regulations promulgated for the control of traffic, collection of taxes or any other rule or regulation governing vehicles or motor vehicles upon the highways of this State, and shall desire to resist the same, such department shall, within five (5) days, serve written notice upon the chairman of the Board for a hearing on the question, and the vote of the Board shall be considered conclusive and binding on any department and all persons concerned.

The members of the Board shall, from time to time, select a Chairman and a Secretary from its membership. It shall be the duty of the chairman to preside at all meetings of the board, which shall be held not less than once each month, and it shall be the duty of the secretary to keep a full and true record of all proceedings of the board. Neither the chairman or the secretary shall 'receive any additional salary or compensation for performing their duties as such. The chairman of the board shall call meetings thereof and each member of the board shall have one vote upon any question properly coming before it.

P e rso n n e l

S erve W ith o u t A dd itiona l S a la ry

D e p artm en t A ggrieved F ile W ritte n N otice fo r H earin g

D ecision o f -B oard C onclusive

O rgan ization

M eetings

472 HIGHWAY PATROL [Ch. 125

Pow ers ' and D uties

E nforce Motor V ehicle and Other L aw s

A ct N ot C onstrued as R epealing’ Other E nforcem ent Laws

Section 3. (a) The power and authority is hereby vested in the State Highway Courtesy Patrol Board, and it is hereby made its duty, to secure the proper and efficient enforcement of all laws of this state pertaining to vehicles, motor vehicles, vehicle operators and other operations upon and use of the highways of this State, their equipment, weight, cargoes and licenses, and to enforce the collection of all vehicle and motor vehicle taxes and license fees, motor fuel taxes, highway compensation taxes, with respect to the transportation over the public highways of persons and property as provided by law, and to that end to place in the field and direct the activities and operations of a patrol force as provided in this Act, and otherwise to promote safety, protect human life, and preserve the highways of this state by the intelligent, courteous and strict enforcement of the laws of this State relating to highways and traffic upon such highways, notwithstanding any provisions of law charging any other department or agency of the state with the enforcement of such laws; provided, that nothing in this Act shall be construed as repealing any such laws nor of depriving any sueh department or agency of the State of its power and duty to enforce the laws, enforcement of which has been delegated to any such department or agency, and the Patrol shall cooperate with all such departments of the State in enforcing the same.

Divide (b) The board shall also have power to divide theinuTDistrict & highways of this state into districts or sections for the

purpose of patroling the same and enforcing all laws relating to the public highways and the use of the same, and the inspection of all cargoes transported thereon by vehicles, and to facilitate the enforcement of such laws and all other laws referred to in this Act


the Board shall have power, and it shall be its duty to establish such stationary and moveable inspection stations as in its discretion may be necessary and proper and to assign patrolmen and other employees of the Board to operate and maintain the same, and to promulgate rules and regulations for the operation of the same in the inspection of all vehicle operators, vehicles and cargoes passing through such inspection stations, and to collect any license fees, taxes or charges found to be due therefrom or thereon, and remit the same to the proper department of this State.

Section 4. The board shall promulgate such rules and regulations as may be reasonably necessary for the effective administration of the provisions of this Act and the supervision of the highway patrol.

f

Section 5. The Board shall appoint a supervisor and four Deputy Supervisors and not less than thirty- five (35) nor more than fifty (50) patrolmen, and the Board shall secure from existing certified Civil Service personnel now in the employ of the State, not to exceed a total of five (5) technicians and other office help necessary to conduct patrol office operations twenty-four (24) hours per day, and the supervisor, Duty Supervisors, patrolmen and other employees of the Board shall be under its immediate direction and control and they shall perform such duties and receive such compensations as the Board may prescribe, subject to the provisions of this Act.

(a) The supervisor shall be the chief administrative officer of the Patrol and his salary shall be fixed by the Board and shall not exceed $250.00 per month, together with necessary and actual traveling expenses.

E stablishInspectionStations

Make B uies and R egulations

Appoint Supervisor, Deputy Supervisors and Patrolm en

Supervisor C hief A dm inistrative Officer o f Patrol Salary


B o n d

Q ualifications

DeputySupervisorsSalary

Bond

Patrolm en

Salary

The supervisor shall be required to give bond to the State in the sum of $10,000.00, to be approved and paid for by the Board, conditioned on the faithful discharge of his duties, which said bond shall be issued by some surety company authorized to do a surety business in the State of Colorado. The supervisor of the Patrol shall have been a citizen of Colorado for at least five years, immediately preceding his appointment, of good moral character, thoroughly conversant with Colorado’s highway system, its local and sectional traffic usage, uniform traffic control methods.

(a-1) The deputy supervisors shall be the subordinate administrative officers of the Patrol and their salaries shall be fixed by the board and shall not exceed the sum of two hundred dollars ($200.00) per month together, with necessary and. actual travelling expenses. Each deputy supervisor shall be required to give bond to the State in the sum of of five thousand dollars ($5000.00) to be approved and paid for by the board, conditioned on the faithful discharge of his duties, which said bond shall be issued by some Surety Company authorized to do a surety business in the State of Colorado. All deputy supervisors shall have been citizens of Colorado for at least 5 years immediately preceding their appointment and shall be of good moral character and have the further requirements of a patrolman.

(b) The salaries of each patrolman shall be fixed by the Board, but under no circumstances shall such salary exceed $125.00 per month during the first year of employment as such patrolman, and $150.00 per month thereafter. Each patrolman shall also receive his necessary and actual traveling expenses when away


from designated headquarters. All patrolmen appointed and employed under the provisions of this Act shall be between the ages of 25 and 40 years at the time of their appointment and shall be able to maintain such physical and mental qualifications as shall be established by the Board. Each patrolman shall be of good moral character and shall have been a citizen of the State of Colorado for at least five years, immediately prior to his appointment and shall be thoroughly conversant with the traffic laws of this State, traffic safety, first aid, personal contact and road-way experience. Each patrolman shall be on duty eight hours per day and shall be subject to call twenty- four hours per day. Each patrolman shall, within ten days after his appointment to the Patrol and prior to assuming the duties of his office, give bond to the State in the sum of $5,000.00, to be approved by the Board and issued by a surety company authorized to do a surety business in the State of Colorado, in such form as the Board, by its rules and regulations, may deem necessary to adequately safeguard the public interest, such bond to be paid for by the Board.

(c) The Board may, at its discretion, require-the State Highway Auditor, or his duly authorized assistant, to keep a full, accurate and constant record of all revenue and expenses of the Board and the Patrol, and it may delegate to him the power and authority to examine all books and records required to be kept by law by any person, or firm, county or municipal corporation, in tracing the disbursement of all fines, forfeitures of bail or bond, and taxes and fees collected by the Patrol, and he shall make an annual report thereon to the Governor, the Board and the State Treasurer, which said report shall be delivered not

Qualifications

Bond

Board May Kequire State

H igh w ay Auditor to Keep Records

Auditor Make Report

E m ployees of Board— Salaries

C om plaints A gainst Patrolm en or E m ployees to Be In W riting

P o litica l A ctiv ity Prohibited

Probationary Period o f 1 Year


later than the 31st day of January each year for the preceding calendar year.

(d) The salaries of other necessary employees of the Board shall be fixed by the Board and shall be comparable with employees of other state departments performing similar services. The salary of all such employees shall be approved by the Board and shall be payable monthly, together with such actual and necessary traveling expenses of any such employees; as shall have been authorized by the Board or the supervisor.

(e) Any complaints against the patrolmen or any other employee of the Board shall be made in writing under oath and shall bear the signature and verification of the person or persons making such complaint and shall be filed with the Board, and in the event the said Board shall determine that said complaint has sufficient merit to warrant a hearing before the Civil Service Commission, the said Board shall file charges against said employee with the Civil Service Commission.

- (f) No patrolman or other employee of the Board, while so employed, shall take part in promoting the candidacy of any candidate for any public office within this State, but nothing herein shall be construed as denying any citizen the right to cast his individual vote.

(g) The Supervisor or Patrolmen shall not be finally certified by the Civil Service Commission until they have served a probationary period of not less than one year and established to the satisfaction of the Board their qualifications to perform the duties im-


posed upon the Patrol Board by this Act. The Super- Appointed

visor, Deputy Supervisors, Patrolmen and all other mvAseriW employees of the Board shall be appointed, subject to r,a'''s the Civil Service Laws of this State, but shall be selected by special Civil Service examination, after E xam inations

said probationary period, and shall not be taken from any existing eligible list.

Section 6. The Supervisor shall issue to each Badge

member of the Patrol a badge of authority with the seal of this State in the center thereof, the words D escription

“Colorado State Highway Courtesy Patrol” encircling said seal, and below, the designation of the position held by the member to whom issued. Such badge shall be serially numbered or each member shall otherwise display a distinctive serial number.

Patrolmen of said Patrol, when on duty, shall be messed in, , i i - i . i U niform W hiledressed in a full distinctive uniform and display the on D uty

official badge of their office and neither the supervisor • nor any other person shall issue a badge or like uniform to any person who is not a duly authorized, classified and regularly paid member of the Patrol. .

Any person who, without authority, wears the impersonating, , „ . . , , Patrolmen, etc.• badge of a member of said patrol, or badge of similar Penalty design, or any person who impersonates a member of said Patrol or other employee of the Board, and any person, firm, patrnership, co-partnership or corporation, which shall issue or .wear a uniform of such material or design that would likely be confused with the official uniform of the Patrol, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $25.00 nor more than $1,000.00, or by imprisonment in the county jail for not less than

D uties o f Supervisors and Patrolm en

N ot to Be Deputized as D eputy Sheriffs or Serve on Labor T roubles

P ow ers o f Supervisors and Patrolm en


ten days nor more than six months, or both, in the discretion of the court, • ■

No person, firm, partnership, co-partnership, corporation or public official shall eopy or duplicate with the insignia, colors or equipment of the police cars or motorcycles of the Patrol,

Section 7. The power and authority is hereby vested in the supervisor and each patrolman, and it shall be their duty to promote safety, protect human life and preserve the highways of the State of Colorado by the intelligent courteous and strict enforcement of the laws and regulations of this State relating to highways and the traffic upon such highways, and to enforce the collection of motor vehicle licenses, taxes, motor fuel taxes, highway compensation taxes, and all laws of this State concerning the inspection, registration and regulation of all vehicles used upon the public highways and the cargoes transported therein. The supervisor and patrolmen appointed under the provisions of this Act shall not at any time nor under any circumstance be used by the authorities of this State in any manner other than specifically provided herein. They shall not be deputized as deputy sheriffs or other peace officer by any local or state authority, nor shall they be required to serve oh strike duty, ‘ lockouts, riots, labor troubles or other similar disturbances, nor to perform any of the functions commonly performed under such circumstances by the National Guard or peace officers of this State.

Section 8. The supervisor and all patrolmen of the State Highway Courtesy Patrol, when in uniform and badge, shall, subject to the provisions of this Act, have the following powers:


(a) Of peace officers for the purpose of enforcing the provisions of this Act and. any other law regulating the operation of motor vehicles or the use of the public highways.

(b) To make arrests upon view and with or without warrant for any violation of the provisions of any law of this State regulating the operation of vehicles, the use of the highways, or concerning motor vehicle licenses and taxes, motor fuel taxes, highway compensation taxes, or inspection laws of this State; and they shall have power to inspect, examine,' investigate, any vehicle for any violation of the above mentioned laws of this State now or hereafter enacted.

(c) When on duty, upon reasonable belief that any vehicle is being operated in violation of any law of this State regulating the operation of vehicles or use of the highways or any other law mentioned in this Act, to require the driver thereof to stop and exhibit his driver’s license and the registration card issued for such vehicle and submit to a complete inspection of such vehicle, and the equipment, interior, cargo, license plates and registration card or other papers and documents in his possession required by law, or to an inspection and test of the equipment of such vehicle, then and there.

(d) To inspect any vehicle of a type required to be registered or licensed under any provisions of law in any public garage or repair shop, parking lot, or on any street or public place, or in any place where such vehicles are held for sale or wrecking for the purpose of locating stolen vehicles or parts thereof, and investigating the title and. registration thereof;


S u p e rv iso rPurchaseN ecessary Supplies and M aterials

to serve all warrants, notices, summons or other process relating- to the enforcement of the laws regulating the operation of vehicles or the use of the highways, and to serve distraint warrants issued by the Public Utilities Commission of the State of Colorado and conduct sales of any motor vehicle so distrained.

(e) To investigate traffic accidents and to make reports thereof to the supervisor which reports shall be available to any officer or interested person.

(f) To investigate reported thefts of motor vehicles, trailers and semi-trailers, and to take and hold any stolen vehicles or parts thereof so discovered.

(g) It shall be the duty of the Supervisor and the Patrolmen under the provisions of this act to make immediate report to the State Auto Theft Department of all motor vehicles reported to him as stolen, recovered, or cars to be investigated, either by telegraph, telephone, letter, or in person. Failure on the part of any officer to do so shall be deemed a misfeasance irioffice and shall constitute grounds for removal.

\

Section 9. It shall be the duty of the supervisor, under the direction and with the consent of the Board, to purchase and procure all necessary books, supplies, equipment, uniform cloth, badges, stationery and to incur such other expenses as may be actual and necessary to carry out the provisions of this Act, and such expenses shall be paid for in the same manner as other expenses authorized by this Act.

Section 10. The cost of administration of this Act and of all payrolls and salaries of the supervisor, deputy supervisors, patrolmen and other employees, and the cost of clerical work, stationery, postage, uniforms,

Ch, 125] HIGHWAY PATROL 481

badges and of all supplies and equipment shall be paid out of the State Highway Fund, and a sufficient sum to pay such expenses and maintain said Patrol, is hereby appropriated. The expenses and salaries herein provided are hereby declared to be for the administration and enforcement of the several statutes above referred to and for the maintenance, preservation and supervision of the public highways. Expenses and salaries shall be paid by the State Treasurer upon vouchers provided by the Board and shall be charged against the State Highway Fund as an expense of maintenance, preservation and supervision of public highways and the administration of the laws of this State governing the public highways and the use of the same, in the same manner as other expenses of the State Highway Department are paid. The expenses and costs of the Board shall be audited, examined and approved at each monthly-meeting of the Board.

Section 11. If any section, subsection, sentence, clause or phrase of this Act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Act. The legislature hereby declares that it would have passed the Act and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Section 12. It is hereby declared that this Act is necessary for the immediate preservation of the public peace, health and safety.

Section 13. This Act shall take effect and be in force from and after August 10, 1935.Approved April 10, 1935.

Cost OfA d m in is tra tio n Supplies, E q u ip m en t, etc. P a id O ut of H ig tnvay Fund

E xpenses A udited M onthly

C o n stitu tio n a lC lause

S afety Clause

A ct T akes E ffect—W hen

highway patrollawcollections.colorado.edu/allfile/305711.pdf · 470 highway patrol [ch, 125 chapter...

Documents