HomeMy WebLinkAboutOrdinance-1981-0451INTRODUCED BY COUNCIL MEMBER PIERQ
ORDINANCE NO. 451
Series of 1981
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 REPEALING ORDINANCE NO. 436 PREVIOUSLY
ENACTED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, AND BY ADDING TO SECTION 12-2 AMENDMENTS TO
SECTION 12- 3, PARKING PRIVILEGE FOR THE HANDICAPPED
OF "THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES"
1977 EDITION, PREVIOUSLY ENACTED BY THE CITY OF
WHEAT RIDGE, AND PROVIDING A PENALTY FOR VIOLATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1: Ordinance 436, previously enacted on January 12,
1981, by the City Council of the City of Wheat Ridge is
hereby repealed in its entirety.
Section 2: Section 12-2. Model Traffic Code--Amendments,
Additions, Modifications 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 specifications of the City Traffic
Engineer and reserved for use by the handicapped.
Such installations 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.
ORDMA.~C- ',0. 451
(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 prescribed by law to be parked in a parking
space idenitified as being reserved for use by the
handicapped.
Section 3: Notwithstanding any other provision of the
Model Traffic Code, the penalty resulting from conviction of
a violation of this Sec .on , 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 from interference
by those not so handicapped.
Section 4: It is the intent of the City Council of the
City of Wheat Ridge that the modifications herein shall
apply to all property, whether public or private, and shall
be enforceable on all such property, whether public or private,
within the City of Wheat Ridge, Colorado.
Section 5: 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 6: Severability. If any clause, sentence, paragraph,
or part of this ordinances 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 7: This ordinance shall take effect one day
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a
vote of 7 to 1 this 23rd day of Marc
1981; 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 April 1_3
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
YJ
to 1 this 13ti;
day
of April , 1981.
SIGNED by the Mayor on
this
15ch day of April
1981.
Frank Stites Mayor
ATTEST:
Carol F. Hampf, City( erk
1st publication: Mar. 26,
19-61
APPROVED AS TO
FORM BY
2nd publication: April 23,
1981
OFFICE OF,CITY
ATTORNEY:
Effective Date: Agri
Published: Uheat Ridne Sentinel
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