HomeMy WebLinkAboutOrdinance-1981-0436INTRODUCED BY COUNCILMEMBER MERKL
ORDINANCE NO. 436
Series of 1980
TITLE: AN ORDINANCE AMENDING SECTION 12-2. MODEL TRAFFIC CODE--
AMENDMENTS, ADDITIONS, MODIFICATIONS AND DELETIONS, OF
THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE BY ADDING
THERETO AMENDMENTS TO SECTIONS 12-3, PARKING PRIVILEGE
FOR THE HANDICAPPED, AND 25-5, MISCELLANEOUS DEFINITIONS
OF "THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES",
1977 EDITION, PREVIOUSLY ENACTED BY THE CITY OF WHEAT
RIDGE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Section 12-2. Model Traffic Code--Amendments, Additions,
Mod- ifications and Deletions, is hereby amended by adding thereto
the following additional provisions:
"12-3. Section 12-3 shall be modified by deleting therefrom
the existing Section 12-3 and substituting in its place the
following:
12-3. Parking for Persons with Mobility Handicaps.
(a) Any motor vehicle with distinguishing license plates
or an identifying placard obtained by a person with a
mobility handicap as prescribed by law, may be parked in
a parking space identified as being reserved for use by
the handicapped whether on public property or private
property available for public use; or in any public parking
area along any public street in one or two hour time
limit zones or at parking meters during hours parking is
permitted regardless of any time limitation imposed upon
parking along such streets.
(b) It shall be unlawful for persons with mobility
handicaps to be parked along public streets, or in
designated parking spaces on public or private property:
(1) During such times when all stopping, standing,
or parking of all vehicles is prohibited;
(2) When only special vehicles may be parked;
(3) When parking is not allowed during specific
periods of the day in order to accommodate
heavy traffic.
(c) The owner of private property available for public
use may install signs prescribed by the City Traffic
Engineer identifying parking spaces designed to spec-
ifications of the City Traffic Engineer and reserved
for use by the handicapped. Such installation shall be
a waiver of any objection the owner may assert concerning
enforcement of this Section by officers, or parking
control persons, and said persons are hereby authorized
and empowered to enforce this Section of the Code.
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(d) It shall be unlawful for any person who does not have
a mobility handicap to exercise the parking privilege
defined in this Section.
(e) It shall be unlawful for any motor vehicle without
distinguishing license plates or any identifying placard
obtained by a person with mobility handicap as pre-
scribed by law to be parked in a parking space identified
as being reserved for use by the handicapped."
(f) Notwithstanding any other provision of the Model
Traffic Code, the penalty resulting from conviction of a
violation of this section 12-3, or any subpart thereof,
shall be a fine of not less than $50.00, nor more than
$300.00. In enforcing this section 12-3, the Municipal
Court shall not have the authority to suspend all or any
part of any fine for violation hereof so as to result
in a fine of less than $50.00, it being the interest of
the City Council of the City of Wheat Ridge that this
section 12-3 be strictly and diligently enforced so as
to provide adequate parking for persons with mobility
handicaps free form interference by those not so
handicapped.
Section 25-5 shall be modified by deleting subsection (h)
Person with Mobility Handicap, and re-alphabetizing the
remaining subsections accordingly.
Section 2. It is the intent of the City Council of the City of
Wheat Ridge that the modifications herein shall apply to all prop-
erty, whether public or private, and shall be enforceable on all
such property, whether public or private, within the City of Wheat
Ridge, Colorado.
Section 3. Safety Clause. The City Council hereby finds, determines
and declares that this ordinance is promulgated under the police
power of the City of Wheat Ridge; that it is promulgated for the
health, safety and welfare of the public and that this ordinance
is necessary for the preservation of health and safety for the
protection of public convenience and welfare. The City Council
further determines that the ordinance bears a rational relation
to these objectives.
Section 4. Severability. If any clause, sentence, paragraph, or
part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 5. This ordinance shall take effect 1 day after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
6 to 1 this 8th day of December , 1980; ordered
published in full in a newspaper of general circulation in the City
of Wheat Ridge and Public Hearing and consideration on final passage
set for Monday, January 12 , 1981, at 7:30 o'clock p.m., at
Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading
by a vote of 6 to 1 , this 12thlay of January 1981• .
SIGNED by the Mayor on this l; day of 1981.
ATTEST:
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Carol F. Hampf, City C7etk
1st publication: Dec. 11, 198 eat
2nd publication: Jan. 22, 19
Effective Date: Jan. 23, 1981
Frank Stites, Mayor
APPROVED AS TO FORM BY
Ridge Sentinel OFFICE OF,;.CITY TTOR EY:
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