HomeMy WebLinkAboutOrdinance-1990-0842
INTRODUCED BY COUNCILMEMBER
BROUGHAM
Ordinance No. 842
Series of 1990
TITLE:
A BILL FOR AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE
OF LAWS OF THE CITY OF WHEAT RIDGE BY ADOPTING THE
COLORADO DEPARTMENT OF PUBLIC SAFETY RULES AND
REGULATIONS CONCERNING MINIMUM SAFETY STANDARDS FOR THE
OPERATION OF COMMERCIAL VEHICLES AND AMENDING THE MODEL
TRAFFIC CODE PROVISIONS CONTROLLING THE USE BY COMMERCIAL
VEHICLES OF THE CITY'S STREETS AND PROVIDING A PENALTY
FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Section l3-2(b) of the Code of Laws of the City
of Wheat Ridge is hereby amended as follows:
Sec. 13-2. Model traffic code.
*
*
*
*
*
(b) Amendments. The model traffic code is subject to the
following additions or modifications:
*
*
*
*
*
18-2. Section 18-2, "Size and weight restrictions
applicability," of the Model Traffic Code is hereby repealed and
reenacted as follows:
"(a) It shall be unlawful for any person to move or operate,
or permit to be moved or operated, a commercial vehicle, on any
street within the city, which is not in compliance with Article
XVIII of the Model Traffic Code, as adopted and amended by the city
in section 13-2 of the Wheat Ridge Code of Laws, or which is not
in compliance with the rules and regulations adopted by the city
in section 13-6 of the Wheat Ridge Code of Laws.
"(b) As used in subsection (a) of this section 18-2,
"commercial vehicle" means any self-propelled or towed vehicle
bearing a gross ton-mile plate, a metro plate, or an apportioned
plate, or having a manufacturer's recommended gross vehicle weight
of ten thousand (10,000) pounds or more, which vehicle is used in
commerce on the streets of the city to transport cargo or is used
to transport more than ten (10) passengers, including the driver.
"(c) The provisions of subsection (a) of this section 18-2
shall not apply to fire apparatus, mobile machinery, self-propelled
construction equipment, or to implements of husbandry temporarily
moved upon a highway, or to a vehicle operated under the terms of
a special permit issued pursuant to section 18-11 of the Model
Traffic Code."
18-3. Section 18-3, "Height, width and length of vehicles and
loads," of the Model Traffic Code is hereby repealed and reenacted
as follows:
"(a) No vehicle shall exceed a height of thirteen (13) feet;
except that vehicles with a height of fourteen (14) feet six (6)
inches may be operated on streets which are state highways when so
designated by the state department of highways.
"(b) The total outside width of any vehicle or the load
thereon shall not exceed one hundred two (102) inches except as
follows:
" (1) A load of loose hay, including loosely bound round bales,
whether horse-drawn or by motor, shall not exceed twelve
(12) feet in width.
" (2) A vehicle used only as a single unit may transport a load
of small rectangular hay bales if such vehicle and load
do not exceed one hundred twenty-six (126) inches in
width and thirty (30) feet in length.
" (3) The total outside width of buses and coaches used for the
transportation of passengers shall not exceed eight (8)
feet six (6) inches.
"(4) The total outside width of any vehicle, as required in
this subsection (b), shall not be construed so as to
prohibit the projection beyond such width of clearance
lights, rear view mirror, or other accessories required
by law.
"(5) It shall be unlawful for any person to operate a vehicle
or motor vehicle which has attached thereto in any manner
any chain, rope, wire or other equipment which drags,
swings or projects in any manner so as to endanger the
person or property of another.
"(c) No single motor vehicle shall exceed a length of forty
(40) feet extreme overall dimension, inclusive of front and rear
bumpers, except that a vehicle used for the mass transportation of
passengers wholly within this municipality or within a radius of
fifteen (15) miles thereof may extend to a length of sixty (60)
feet.
2
"(d) No combination of vehicles coupled together shall consist
of more than four (4) units, and no such combination of vehicles
shall exceed a total overall length of seventy (70) feet. said
length limitations shall not apply to vehicles operated by a public
utility when required for emergency repair of public service
facilities or properties, or when operated under special permit as
provided in section 18-11 of the Model Traffic Code, but in respect
to night transportation every such vehicle and the load thereon
shall be equipped with a sufficient number of clearance lamps on
both sides and marker lamps upon the extreme ends of any projecting
load to mark clearly the dimensions of such load. The limitations
provided in this section shall be strictly construed and enforced.
"(e) The length limitations of vehicles and combinations of
vehicles provided for in this section as they apply to vehicles
being operated and utilized for transportation of steel, fabricated
beams, trusses, utility poles, pipes, and automobiles shall be
determined without regard to the projection of said commodities
beyond the extreme front or rear of the vehicle or combination of
vehicles; except that the projection of a load to the front shall
be governed by the provisions of subsection l8-4(b) of the Model
Traffic Code and no load shall project to the rear more than ten
(10) feet."
18-5. Section 18-5, "Spilling loads on streets or highways," of
the Model Traffic Code is hereby repealed and reenacted as follows:
"(a) No vehicle shall be driven or moved on any highway unless
such vehicle is constructed or loaded or the load thereon securely
covered to prevent any of its load from dropping, sifting, leaking
or otherwise escaping therefrom, except that sand may be dropped
for the purpose of securing traction, or water or other substance
may be sprinkled on a roadway in cleaning or maintaining such
roadway.
"(b) In the event that a vehicle unlawfully spills its load
on public property, the driver and/or owner of such vehicle shall
be liable to the city for any damages caused by such spill. In
addi tion, if city employees must take any action in removal or
mitigation of such a spill, the driver and/or owner shall also
reimburse the city for its employees' removal or mitigation efforts
at the rate of $100.00 per hour, or a minimum of $100.00 for any
response lasting less than one hour."
18-7. Section 18-7, "Wheel and axle loads," of the Model Traffic
Code is hereby repealed and reenacted as follows:
"(a) The gross weight upon any wheel of a vehicle shall not
exceed the following:
"(1) When the wheel is equipped with a solid rubber or cushion
tire, eight thousand (8,000) pounds;
3
" (2) When the wheel is equipped with pneumatic tire, nine
thousand (9,000) pounds.
"(b) The gross weight upon any single axle, or tandem axle,
of a vehicle shall not exceed the following:
"(1) When the wheels attached to the axle are equipped with
solid rubber or cushion tires, sixteen thousand (16,000)
pounds;
"(2) When the wheels attached to the axle are equipped with
pneumatic tires, twenty thousand (20,000) pounds;
"(3) When the wheels are attached to a tandem axle, and are
equipped with pneumatic tires, thirty-six thousand
(36,000) pounds for vehicles traveling on any street or
highway within the city, including the highways of the
"interstate" system.
" (4) When the wheels are attached to a tandem axle and are
equipped with pneumatic tires, forty thousand (40,000)
pounds for vehicles traveling on any state-maintained,
secondary state highways within the city.
"(5) Single drive axle vehicles equipped with self-compactors
and used solely for the transportation of trash are
exempted from the provisions of subsections (b) (2), (3)
and (4) of this section whenever such vehicles are
travelling only on a state maintained, secondary state
highway within the city limits.
"(6) Because of the cost for transporters of trash to comply
with the gross weight provisions of this subsection (b),
such gross weight provisions shall not become enforceable
as to single drive axle vehicles equipped with self-
compactors and used solely for the transportation of
trash until April I, 1992. The gross weight provisions
of this subsection (b) shall be enforceable and effective
as to all other commercial vehicles on October 18, 1990.
"(c) For the purposes of this section, an axle shall be
defined as a total load on all wheels whose centers are included
within two (2) parallel transverse vertical planes not more than
forty (40) inches apart.
"(d) For the purposes of this section, a tandem axle shall be
defined as the total load on all wheels of two (2) or more
consecutive axles, the center of which may be included between
parallel vertical planes spaced more than forty (40) inches and not
more than ninety-six (96) inches apart, extending across the full
width of the vehicle.
4
"(e) The gross weight upon anyone (1) wheel of a steel-tired
vehicle shall not exceed five hundred (500) pounds per inch of
cross-sectional width of tire.
"(f) For the purposes of this section, axle scales and the
method of weighing vehicles that is commonly referred to as "split
weighing" or "fore and aft draft weighing," for obtaining a
vehicle's axle weights and gross weight, shall be authorized as an
acceptable and accurate method of weighing for law enforcement
purposes and statistical data gathering."
18-8. section 18-8, "Gross weight of vehicles and loads," of the
Model Traffic Code is hereby repealed and reenacted as follows:
"(a) No vehicle or combination of vehicles shall be moved or
operated, or be permitted to be moved or operated, on any street
or highway or bridge when the gross weight thereof exceeds any of
the limits specified below:
" (1) The gross weight upon anyone (1) axle of a vehicle shall
not exceed the limits prescribed in section 18-7 of the
Model Traffic Code.
"(2) Subject to the limitations prescribed in section 18-7 of
the Model Traffic Code, the gross weight of a vehicle
having two (2) axles shall not exceed thirty-six thousand
(36,000) pounds.
"(3) Subject to the limitations prescribed in section 18-7 of
the Model Traffic Code, the gross weight of a single
vehicle having three (3) or more axles shall not exceed
fifty-four thousand (54,000) pounds.
"(4) Subject to the limitations prescribed in section 18-7 of
the Model Traffic Code, the maximum gross weight of any
vehicle, or combination of vehicles, shall not exceed
that determined by the formula:
W = 1,000(L + 40)
W = gross weight in pounds
L length in feet between the centers of the first
and last axles of such vehicle or combination
of vehicles.
Provided, however, that for computations under this
formula, no gross vehicle weight shall exceed eighty
thousand (80,000) pounds on any street or highway within
the city limits, except on state-maintained, secondary
state highways within the city on which eighty-five
5
thousand (85,000) pounds shall be the lawful maximum
gross weight of such vehicle or combination of vehicles.
"(5) For the purposes of this section, where a combination of
vehicles is used, no vehicle shall carry a gross weight
of less than ten (10) percent of the overall gross weight
of the combination of vehicles, except that these
limitations shall not apply to specialized trailers of
fixed public utilities whose axle may carry less than ten
(10) percent of total gross weight of the combination.
The limitations provided in this section shall be
strictly construed and enforced.
"(b) Notwithstanding any other provisions of this section,
except as may be authorized under section 18-11 of the Model
Traffic Code, no vehicle or combination of vehicles shall be moved
or operated, or be permitted to be moved or operated, on any
highway or bridge which is part of the national system of
interstate and defense highways, also known as the "interstate
system" when the gross weight of such vehicle or combination of
vehicles exceeds any of the following specified limits:
"(1) Subject to the limitations prescribed in section 18-7 of
the Model Traffic Code, the gross weight of a vehicle
having two (2) axles shall not exceed thirty-six thousand
(36,000) pounds.
"(2) Subject to the limitations prescribed in section 18-7 of
the Model Traffic Code, the gross weight of a single
vehicle having three (3) or more axles shall not exceed
fifty-four thousand (54,000) pounds.
"(3) Subject to the limitations prescribed in section 18-7 of
the Model Traffic Code, the maximum gross weight of any
vehicle or combination of vehicles shall not exceed that
determined by the formula:
W = 500[(LNjN - 1) + l2N + 36]
W Overall gross weight on any group of two (2) or more
consecutive axles to the nearest five hundred (500)
pounds
L Distance in feet between the centers of the first
and last axles of such vehicle or combination of
vehicles
N = Number of axles
Provided, however,
formula no gross
that
vehicle
for computations under this
weight shall exceed eighty
6
thousand (80,000) pounds, except as may be authorized
under section 18-11 of the Model Traffic Code.
"(4)
For the purposes of this section, where a combination of
vehicles is used, no vehicle shall carry a gross weight
of less than ten (10) percent of the overall gross weight
of the combination of vehicles; except that this
limitation shall not apply to specialized trailers whose
specific use is to haul poles and whose axles may carry
less than ten (10) percent of the weight of the
combination.
"(c) Notwithstanding any other provision of Article XVIII of
th Model Traffic Code, as amended, no vehicle or combination of
vehicles shall be moved or operated, on any street, bridge, or
highway within this municipality when the gross weight thereof
exceeds any posted weight for such street, bridge or highway.
"(d) For the purposes of this section, axle scales and the
method of weighing vehicles that is commonly referred to as "split
weighing" or "fore and aft draft weighing," for obtaining a
vehicle's axle weights and gross weight, shall be authorized as an
acceptable and accurate method of weighing, for law enforcement
purposes and statistical data gathering."
18-10. Section 18-10, "Vehicles weighed, excess removed," of the
Model Traffic Code is hereby repealed and reenacted as follows:
"(a) Any police officer who has stopped a vehicle for
inspection under Article XVIII of the Model Traff ic Code, as
amended, or has reason to believe that the weight of a vehicle and
load is otherwise unlawful, is authorized to require the driver to
stop and submit to a weighing of the same, either by means of
portable or stationary scales or to require that such vehicle be
driven to the nearest certified public scales, port-of-entry
portable or stationary scales, or portable or stationary scales
operated by the city, in the event such scales are within a five-
mile radius of the location of such stop.
"(b) Except as provided in paragraph (c) of this section,
whenever an officer, upon weighing a vehicle and load, determines
that the weight is unlawful, such officer may require the driver
to stop the vehicle in a suitable place and leave such vehicle
standing until such portion of the load is removed or shifted as
may be necessary to reduce the gross weight of such vehicle or the
weight upon a single axle or tandem axle of such vehicle, to such
limit as permitted under Article XVIII of the Model Traffic Code,
as amended. All material so unloaded shall be cared for by the
owner or operator of such vehicle at the risk of such owner or
operator.
7
"(c) Whenever an officer, upon weighing a vehicle and load,
determines that the weight is unlawful and the load consists of
either explosives or hazardous materials, such officer may permit
the driver of such vehicle to proceed to his destination without
requiring the driver to unload the excess portion of such load.
"(d) It shall be unlawful for any driver of a vehicle, when
directed by a police officer, to fail or refuse to stop and submit
the vehicle and load to a weighing or to fail or refuse when
directed by an officer to allow the unloading of the vehicle to the
gross weight of such vehicle or the weight upon any single axle or
tandem axle of such vehicle, permitted in Article XVIII of the
Model Traffic Code, or otherwise to fail or refuse to comply with
the provisions of this section.
"(el In the event that a police officer or other city employee
must take any action in shifting or removing any portion of an
excess load, the driver and/or owner of such vehicle shall
reimburse the city for the officers' or employees' efforts in
removing or shifting such load at the rate of $100.00 per hour, or
a minimum of $100.00 for any efforts lasting less than one hour."
*
*
*
*
*
Section 2. Section l3-2(e) of the Code of Laws of the City
of Wheat Ridge is hereby amended as follows:
Sec. 13-2. Model traffic code.
*
*
*
*
*
(e) PENALTIES. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 13-
6(b) AND (d) OF THE WHEAT RIDGE CODE OF LAWS, any person convicted
of any violation of the provisions of this chapter shall be subject
to fines of not more than four hundred ninety-nine dollars
($499.00); provided, however, that persons convicted of MODEL
TRAFFIC CODE section 4-6, Contest Prohibited; section 5-1, Reckless
Driving; section 4-1, Speeding more than 20 MPH Over Posted Limit;
and section 21-13, Eluding or Attempting to Elude Police Officer;
shall be subject to the penalties as specified in section 1-5 of
the Wheat Ridge Code of Laws.
Section 3. Section 13-6 of the Code of Laws of the City of
Wheat Ridge is hereby added as follows:
Sec. 13-6.
Safety standards and specifications.
(a) Adopted. The "Rules and Regulations Governing the Safety
Standards and Specifications of All Commercial Vehicles," as
promulgated by the Colorado Department of Public Safety, and as the
same may be amended from time to time, are hereby adopted. Copies
of said rules and regulations are available for inspection at the
8
office of the city clerk.
(b) Penalties. Any person, firm or corporation violating any
of the provisions of subsection (a) of this section or Article
XVIII of the Model Traffic Code for Colorado Municipalities, as
amended, upon a plea of guilty or no contest, or upon a conviction
thereof, shall be fined in a sum not to exceed nine hundred ninety-
nine dollars ($999.00) for each violation. In the alternative, any
person, firm or corporation violating any of the provisions of
subsection (a) or this section or Article XVIII of the Model
Traffic Code, as amended, may be fined a penalty assessment fine
of seventy-five dollars ($75.00) for each violation. Each and
every day which a violation is permitted to exist shall constitute
a separate and distinct offense. The penalties herein shall not
preclude the city from initiating any other action to abate or
prevent the occurrence of any violation of the provisions specified
in this section.
(c) Immobilization. Police officers are hereby authorized
to immobilize, impound or otherwise direct the disposition of
commercial vehicles when it is determined that the motor vehicle
or operation thereof is unsafe and when such immobilization,
impoundment or disposition is appropriate under the "Rules and
Regulations Governing the Safety Standards and Specifications of
All Commercial Vehicles," as promulgated by the Colorado Department
of Safety, and as the same may be amended from time to time.
(d) Excess weiqht - penalty assessment. Any person who
pleads guilty or is convicted of violating the weight limitations
of either section 18-7 or section 18-8 of the Model Traffic Code,
as amended, shall be subject to the penalties of subsection (b) of
this section and, for each axle and/or gross weight violation, an
additional penalty assessment fine according to the following
schedule:
Excess Weight
in Pounds
1 to 3,000
3,001 to 4,250
4,251 to 4,500
4,501 to 4,750
4,751 to 5,000
5,001 to 5,250
5,251 to 5,500
5,501 to 5,750
5,751 to 6,000
6,001 to 6,250
6,251 to 6,500
6,501 to 6,750
6,751 to 7,000
7,001 to 7,250
7,251 to 7,500
Penalty Assessment
Fine Amount
$ 50
65
80
95
110
125
140
155
170
185
210
235
260
285
325
9
7,501 to 7,750 365
7,751 to 8,000 405
8,001 to 8,250 445
8,251 to 8,500 495
8,501 to 8,750 545
B,7S1 to 9,000 595
9,001 to 9,250 645
9,251 to 9,500 705
9,501 to 9,750 765
9,751 to 10,000 B25
10,001 to 10,250 885
10,251 to 10,500 920
10,501 to 10,750 955
10,751 to 11,000 990
11,001 and over 999
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
application to other persons or circumstances.
section 5. Safety Clause. The city council hereby finds,
determines, and declares that this ordinance is promulgated under
the general 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 and for the protection of public convenience and
welfare. The city council further determines that the ordinance
bears a rational relation to the proper legislative object sought
to be attained.
section 6. This ordinance shall become effective 15
day(s) after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 27th day of August , 1990,
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, September 24 , 1990, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED,
reading by a vote of
September
AND ORDERED PUBLISHED on
5 to 3 this 24th
1990.
second and
day of
final
SIGNED by the Mayor on this 25th day of
September
, 1990.
~~
Dan Wilde, Mayor
10
ATTEST:
. _ it ::,c(
-- ' ~. -.......
L;i
Cle
Wanda Sang, city
1st Publication: September 5, 1990
2nd Publication: October 3, 1990
Applewood/Wheat Ridge Transcript:
Effective Date: October 18, 1990
....:;J.~~_.
11