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HomeMy WebLinkAboutOrdinance-1978-0286INTRODUCED BY COUNCILPERSON LEWMAN ORDINANCE NO. 286 Series of 1978 TITLE: AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE CITY OF WHEAT RIDGE, COLORADO, ADOPTING BY REFERENCE THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES", 1977 REVISED EDITION; REPEALING CHAPTER 12 OF THE CODE OF THE CITY OF WHEAT RIDGE, COLORADO; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: Section 1. Pursuant to Title 31, Article 16, Parts 1 and 2, C.R.S. (1973), as amended, there is hereby adopted by reference Articles I through XXV inclusive, of the 1977 edition of the "Model Traffic Code for Colorado Municipalities," promulgated and published as such by the State Department of Highways, Denver, Colorado, of which three (3) copies are to be filed in the office of the Clerk of the City of Wheat Ridge, Colorado, and may be inspected during regular business hours. The 1977 edition of the Model Traffic Code is adopted as if set out at length. Section 2. The said Code is subject to the following additions or modifications: Sec. 11-1 shall be modified by the addition of: Sec. 11-1(a)(12) - Within marked fire lanes or otherwise so as to obstruct marked fire lanes anywhere in this municipality. Article 20 shall be modified by the addition of: Sec. 20-18. Bike lanes. - (a) It shall be unlawful for the driver of any motor vehicle to drive such vehicle within the boundaries of posted bicycle pathways except under the following conditions: (1) as may be necessary to execute an otherwise lawful turn; (2) as may be necessary in an emergency or in compliance with directions of a police officer. (b) A driver of any motor vehicle who shall drive his vehicle into a bicycle pathway in accordance with one of the exceptions provided above in subsection (a)(1) through (3), shall operate his motor vehicle with such degree of skill and care as is necessary to avoid colliding with any person or object within the bicycle pathway. ORDINANCE NO. 286 , Series of 1978 PAGE 2 Section 3. Penalties. The following penalties, herewith set forth in full, shall apply to this ordinance: (a) It is unlawful for any person to violate any of the provisions stated or adopted in this ordinance. (b) Every person convicted of a violation of any provision stated or adopted in this ordinance shall be punished by a fine not exceeding three hundred dollars ($300) or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. Section 4. Application. This ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public parking area, either within or outside the corporate limits of this municipality, the use of which this municipality has juris- diction and authority to regulate. The provisions of Sections 5-1, 5-2, 11-1(a)(12), 15-12, 21-13 and 23-3, of the Adopted Model Traffic Code respectively concerning reckless driving, careless driving, fire lane parking, unauthorized devices, eluding officer, and accident investigation shall apply not only to public places and ways but also throughout this municipality. Section 5. Validity. If any part or parts of this ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. Section 6. Repeal. Chapter 12 of the Code of the City of Wheat Ridge, Colorado, is hereby repealed except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance. Section 7. Interpretation and description. This ordinance shall be so interpreted and construed as to effectuate its general purpose to make uniform the local traffic regulations contained herein. The purpose of this ordinance and the Code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the State and Nation. Article and section headings of the ordinance and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. Section 8. Certification and Publication. The City Clerk shall cause to be published in a newspaper of general circulation in the City of Wheat Ridge the following notice: Notice is hereby given of a public hearing before the city Council of Wheat Ridge, Colorado, at 7:30 a.m. of the 26th day of June , 1978, at the Anderson Building, 4355 Field Street, Wheat Ridge, Colorado, for the purpose of considering the adoption by reference of the "Model Traffic Code for Colorado Municipalities," 1977 edition, as the traffic ordinance of the City of Wheat Ridge, Colorado. Certified copies of the model Code are on file at the office of the City Clerk and may be inspected during regular business hours. If enacted as an ordinance of this City, the model Code will not be published in full, but in accordance with State law, copies will be kept on file and also made available for distribution and sale to the public. ORDINANCE NO. 286 , Series of 1978 The 1977 "Model Traffic Code for Colorado Municipalities," is published by the State Department of Highways, 4201 East Arkansas Avenue, Denver, Colorado 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the City. The purpose of the ordinance and the Code adopted therein is to provide a system of traffic regulations consistent with State law and generally conforming to similar regulations throughout the State and the Nation. PAGE 3 This notice given and published by the order of the Council of said City. Dated this 6th day of June 1978. CITY OF WHEAT RIDGE, COLORADO BY ORDER OF THE CITY COUNCIL City Clerk, Carol F. Mim_pf First notice of hearing June 8 Second notice of hearing June 15 1978. 1978. Such notice shall be published once at least 15 days preceeding the scheduled public hearing, and once again at least 8 days preceeding said public hearing. The City Clerk shall cause to be published in a newspaper of general circulation in the City of Wheat Ridge the full text of this ordinance once at least 7 days prior to adoption and once following final passage and approval of the State Highway Department of those regulations which pertain to State Highways. The City Clerk shall certify to the passage of this ordinance and make not less than 3 certified copies of the adopted Code available for inspection by the public during regular business hours at the office of the City Clerk. Section 9. Effective Date. This ordinance shall take effect 30 days after final publication. INTRODUCED, READ, PASSED AND ORDERED PUBLISHED on first reading by a vote of 4 to 2 this 5th day of June 1978. READ, ADOPTED AND and final reading by a vote June 1978. FIRST PUBLICATION a newspaper of general circ the 8th day of June FINAL PUBLICATION ORDERED on second of 6 to 0 , this 26th day of of the adopting ordinance was made in ulation in the City of Wheat Ridge on 1978. NOTICE OF PUBLIC HEARING on adoption of the Model Traffic Code for Colorado Municipalities published in a newspaper of general circulation in the City of Wheat Ridge on the 8th day of June 78 1 1978; and on the 15th day of June , 1978. ORDINANCE NO. 286 , Series of 1978 PAGE 4 PUBLIC HEARING on adoption of Model Traffic Code for Colorado Municipalities held on the 26th day of June , 1978. 1978. SIGNED by the Mayor on this 27thday of June Mayor Oliver V. Phillips ATTEST: iffity C eS!-#c arol F a pf First Publication: June 8, 1978 Second Publication: June 29 1978 Third Publication: Wheat Ridge Sentinel