HomeMy WebLinkAboutOrdinance-1996-1032
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER SILER
Council Bill No. 29
Ordinance No. 1996-1032
Series of 1996
TITLE:
AN ORDINANCE FOR THE REGULATION OF
CITY OF WHEAT RIDGE, COLORADO;
REFERENCE THE 1995 EDITION OF THE
CODE FOR COLORADO MUNICIPALITIES;"
ORDINANCES IN CONFLICT THEREWITH;
PENALTIES FOR VIOLATION THEREOF.
TRAFFIC BY THE
ADOPTING BY
"MODEL TRAFFIC
REPEALING ALL
AND PROVIDING
WHEREAS, Section 42-4-110(1) (b), C.R.S. authorizes the City to
adopt by reference all or part of a model municipal traffic code;
and
WHEREAS, by the 1977 Code, the
adopted by reference the Model
Municipalities, 1977 Edition; and
City of Wheat Ridge
Traffic Code for
( "City")
Colorado
WHEREAS, a revised 1995 edition of the Model Traffic Code for
Colorado Municipalities has been prepared to reflect recodification
of the state vehicle and traffic laws; and
WHEREAS, it is in the best interests of the public safety and
welfare of the residents of Wheat Ridge, Colorado, to adopt the
1995 edition of the "Model Traffic Code for Colorado
Municipalities."
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS:
Section 1. Section 13-2 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and readopted to read as follows:
Sec. 13-2.
Model Traffic Code.
(a) Adopted. Pursuant to Title 31, Article 16, Parts 1 and
2, C.R.S., there is hereby adopted by reference Articles I and II,
inclusive, of the 1995 edition of the Model Traffic Code for
Colorado Municipalities, promulgated and published as such by the
Colorado Department of Transportation, Staff Traffic and Safety
Projects Branch, 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 pur-
pose of this Article 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 the nation. Three (3) copies of the Model Traffic Code adopted
herein are filed in the office of the City Clerk, and may be
inspected during regular business hours. The 1995 edition of the
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Model Traffic Code is adopted as if set out at length, with
amendments as set forth herein.
(b) Amendments. The 1995 Model Traffic Code lS subject to
the following additions or modifications:
(1) Section 501, concerning the penalty for size and weight
violations, is hereby amended to read as follows:
501. Size and weight violations.
(1) Except as provided in this Part 5, it is a traffic
infraction for any person to drive or move or for the owner to
cause or knowingly permit to be driven or moved on any street
or highway within the City any vehicle or vehicles of a size
or weight exceeding the limitations set forth in this Part 5.
(2) The provisions of Subsection (1) of this Section 501
shall not apply to fire apparatus, mobile machinery, self-
propelled construction equipment, or to implements of
husbandry temporarily moved upon a City maintained street or
to a vehicle operated under the terms of a special permit
issued pursuant to Section 510 of the Model Traffic Code,
(2) Subsection 507 (3), concerning wheel and axle loads of
self-compactor vehicles, is hereby amended to read as follows:
(3) Vehicles equipped with a self-compactor and used
solely for the transportation of trash are exempted from the
provisions of paragraph (b) of Subsection (2) of this section
only when such vehicles are travelling on a state maintained
secondary state highway within City limits.
(3) Section 509, enti tled
removed," is hereby amended by the
(4), which Subsection shall read as
"Vehicles
addition
follows:
weighed excess
of a new Subsection
(4) 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 officer's or
employee's efforts in removing or shifting such load at the
rate of one hundred dollars ($100.00) per hour or a minimum of
one hundred dollars ($100.00) for any efforts lasting less
than one (1) hour.
(4) Subsections (a) through (f) of Section 1101 (2) of the
Model Traffic Code, concerning speed limits, are hereby repealed
and a new Subsection (a) is added to read as follows:
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(a) Twenty-five (25) miles per hour on all streets
within the City of Wheat Ridge boundaries unless otherwise
posted.
(5) Subsection (4) of Section 1101 of the Model Traffic Code,
concerning speed limits, is hereby repealed and a new Subsection
(4) is added to read as follows:
(4) The speed limits specified in Subsection (2) hereof
shall be considered maximum lawful speed limits and not prima
facie speed limits.
(6) Section 1203, concerning parking, is hereby amended by
the addition of the following language:
1203.
Parking of Major Vehicles.
(1) It shall be unlawful for any person to park or store,
or allow the parking or storing of, a major vehicle upon any
dedicated public street or road, or private drive, street or
road, or public right-of-way or easement or park within the
City of Wheat Ridge, except as hereinafter specified.
(2) For the purposes of this Section 1203, "major
vehicle" is defined as any vehicle:
(a) Eight (8) feet or more in width, and/or
(b) Twenty-five (25) feet or more in length, or
(c) Regardless of size, a truck tractor or semi-trailer,
or
(d) Any vehicle licensed in the State of Colorado, or
required to be licensed by the Colorado Department of
Motor Vehicles in Colorado, or, if not a Colorado
vehicle, which would otherwise be required to be licensed
by the Department of Motor Vehicles in Colorado, under
any of the categories COMM, GTM, Metro, apportioned, or
farm.
(3 )
following
1203:
Notwithstanding the foregoing provisions, the
exceptions apply to the provisions of this Section
(a) Any major vehicle in immediate and active use, or in
the process of actively being loaded or unloaded;
(b) Fire trucks, ambulances, emergency rescue vehicles,
tow trucks, and other emergency vehicles in use;
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(c) Passenger buses or vehicles owned or operated by
regulated or governmental or quasi-governmental corpora-
tions or entities or agencies or public or private
schools and/or churches i provided that said buses or
vehicles are parked on the property owned by the
governmental or quasi-governmental corporation or entity
or agency, or church or school;
(d) Motor homes or recreational vehicles if parked or
stored upon the property of the owner, or if said
vehicles are owned by one other than the property owner
where parked, if said motor vehicles or recreational
vehicles are stored or parked on said private property
with the knowledge and consent of the property owner;
provided that no more than two (2) such vehicles are
stored on any such lot or parcel at anyone (1) time, and
said vehicle is parked six (6) feet or more inside the
front property line; except that, for the purpose of
allowing the loading or unloading of any motor home or
recreational vehicle, such motor home or recreational
vehicle may be lawfully parked on a public street
directly in front of the property of the owner of the
vehicle, or directly in front of the property of the
person or persons being visited by the owner or operator
of the vehicle, for a maximum period of seventy-two (72)
hours, no more frequently than once in each two-week
period;
(e) Passenger or other vans or pickup trucks bearing
COMM, Metro, or farm license plates if the vehicle in
question is used by the owner as a personal transporta-
tion vehicle when the same is not being utilized for
business or commercial purposes;
(f) Any major vehicle parked in or upon property upon
which a special use permit is granted authorizing the
parking of commercial semitrailers and trailers pursuant
to the zoning ordinance;
(g) Any equipment, implements, machinery, and/or large
trucks, trailers and/or semi-tractor trailers authorized
pursuant to the zoning ordinance;
(h) Any maj or vehicle parked or stored upon property
wherein the use or storage of said maj or vehicle is
related to the transportation needs of the business
conducted on such property;
(i) No provision of Section 1203 of this Code shall
apply upon state highways within this municipality.
(4) Enforcement. Notwithstanding any other provisions
of this Model Traffic Code or of the Wheat Ridge City Code,
any major vehicle as defined herein which is parked or stored
MHJ\53027\ 144662. 2
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in violation of the provisions of Section 1203 of this Code
shall be subject to being towed and stored, at the owner's
sole expense, by a towing contractor selected by the Chief of
Police of the City of Wheat Ridge. The towing of illegally
parked vehicles is necessary to ensure traffic and pedestrian
safety by removing the view impediment created by the ille-
gally parked major vehicles. In addition to the right to tow
said illegally parked major vehicles, authority is granted to
impose administrative charges upon the owner or operator of
said illegally parked vehicle, or the owner of property
allowing or permitting such illegal parking, subject to the
following requirements:
(a) To defray the cost of enforcement of this provision,
a charge of fifty dollars ($50.00) shall be imposed for
the first offense, one hundred dollars ($100.00) for the
second offense, two hundred dollars ($200.00) for the
third offense, and three hundred dollars ($300.00) for
the fourth or subsequent offenses;
(b) Any person subjected to said administrative charges
who objects thereto shall be entitled to either:
1. Request a hearing before the municipal court
referee appointed pursuant to section 14-10 of the
Wheat Ridge Code of Laws, which hearing shall be
held no less than seventy-two (72) hours after the
making of said request; or
2. Have a summons and complaint issued directing
such person to appear in the Wheat Ridge Municipal
Court to answer charges of violating Section 1203
of this Code. If found guilty in the Wheat Ridge
Municipal Court of such charges or if a guilty plea
is entered, the court shall impose fines as
specified in Subsection 1203 (4) (a) herein.
(c) No vehicle shall be released from storage after
towing unless and until all towing and storage charges
have been paid, and all administrative charges specified
in this Section 1203 have been paid, or evidence is
presented by the Wheat Ridge Police Department in the
municipal court that the rights granted under Section
1203 (4) (b) (2) of this Code have been invoked. In the
event any towing is found to be improper all costs for
towing and storage shall be reimbursed by the City to the
owner.
(7) Section 1204, concerning stopping, standing or parking in
specified places, shall be modified by the addition of Subsection
1204 (1) (1), to read as follows:
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(1) Within designated and marked emergency access lanes
so as to obstruct such access lanes anywhere within the
municipality of the City of Wheat Ridge, whether upon public
or private property, except emergency vehicles (i,e., police
cars, fire department vehicles, ambulances, EMT vehicles,
etc.) during the answering of an emergency call.
(8) Section 1208, concerning parking privileges for persons
wi th disabili ties, is hereby amended by deleting Subsection (7) and
amending the language of Subsections (5) and (6) to read as
follows:
(5) No person shall stop, stand or park a vehicle,
except when necessary to avoid conflict with other traffic or
in compliance with directions of a police officer, in a zone
that is designated as a handicapped parking area, in a manner
which obstructs or may obstruct the use of the designated
handicapped parking area by a vehicle with distinguishing
license plates or by a vehicle with an identifying placard
indicating that the occupant of said vehicle is a person with
a disability as defined herein unless the vehicle has a dis-
tinguishing license plate or an identifying placard indicating
that the occupant of said vehicle is a person with a
disability.
(6) Any person convicted of violating any provision of
this Section commits a traffic infraction and is subject to
the following penalties: A fine of not less than fifty
dollars ($50.00), nor more than three hundred dollars
($300.00). In enforcing this Section of this Code, 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 fifty dollars ($50.00), it being the
intent of the City Council of the City of Wheat Ridge that
this Section of the Code be strictly and diligently enforced
so as to provide adequate parking for persons with
disabilities free from interference by those not so disabled.
(9) Section 1407 of the Model Traffic Code, concerning
spilling loads on highways ~s amended to read as follows:
1407. Spilling loads on streets or highways prohibited.
(1) No vehicle shall be driven or moved on any street or
highway unless such vehicle is constructed or loaded or the
load thereof 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,
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(2) Violation of this Section constitutes a traffic
infraction. 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 addition, 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 or its employees'
removal or mitigation efforts at the rate of one hundred
dollars ($100.00) for any response lasting less than one (1)
hour.
(10) Section 1410 shall be modified by the addition of the
following language:
1410. Driving within bike lanes.
(1) 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:
(a) As may be necessary to execute an otherwise
lawful turni or
(b) as may be necessary in an emergency or in
compliance with directions of a police officer.
(2) 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 (1) 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.
(11) Part 14, concerning Other Offenses, is hereby amended by
the addition of a new Section 1415, which Section shall read as
follows:
1415. Driving through private property or driveways.
(1) It is unlawful for any person to drive from a public
street or public way of this City over, across or through any
private driveway to avoid traffic-control signals, stop signs
or other traffic-control devices or as a route or shortcut
from one (1) public street or public way to another.
(2) As used in Subsection (1) of this Section, "private
property" includes, but is not limited to, any property not
dedicated as a public street or public way, alley, right-of-
way or easement.
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(3) It shall be an affirmative defense to a charge of
violating Subsection (1) that the person charged is the owner
of or has a leasehold interest in or an easement on or the
right to the possession or use of the property or driveway
through or across which the motor vehicle is driven,
(12) Section 1701 of the Model Traffic Code, concerning the
classification of traffic offenses and schedule of fines, is hereby
amended to read as follows:
(1) Except as set forth herein, it is a traffic
infraction for any person to violate any of the provisions of
this Code. Such a traffic infraction shall constitute a civil
matter. The Colorado Rules of Municipal Procedure shall apply
to traffic infraction proceedings, except that no warrant for
arrest shall be issued for the defendant's failure to appear
when the only violation charged would constitute a noncriminal
traffic infraction and the defendant's driver's license is
issued by the State of Colorado or any other state which
participates in the Interstate Nonresident Violator Compact,
as codified at C.R.S. Section 24-60-2101. Instead, the court
may enter a judgment of liability by default against the
defendant for failure to appear, assess any penalty and costs
established by law and report the judgment to the appropriate
state motor vehicle department which may assess points against
the defendant's driver's license and may take appropriate
action to ensure that the judgment is satisfied. There is no
right to a trial by jury for any noncriminal traffic
infraction.
(2) The following violations constitute criminal traffic
offenses:
(a) A violation of Section 1101 involving driving
twenty (20) or more miles in excess of the lawful speed
limi t .
(b) A violation of Section 1101 (8) (a) involving
driving twenty miles or more in excess of the speed limit
on any interstate highway.
(c) Violations of Sections 1105 (speed contests) ,
1401 (reckless driving), 1402 (careless driving), 1409
(failure to show compulsory insurance), 1413 (eluding a
police officer), 1703 (aiding and abetting a traffic
offense) and 1903 (failing to stop for a school bus) of
the Model Traffic Code, as amended.
(3) Traffic infractions as provided in this Code shall
be subject to the following penalties:
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Minimum Penalty
Maximum Penal ty
Fine of $10.00
Fine of $499,00
Court costs as authorized by state law shall be added to
the fine.
(4) Criminal traffic offenses as provided in this
Code shall be subject to the following penalties:
Minimum Sentence
Maximum Sentence
1 day imprisonment or a
fine of $10.00, or both
1 year imprisonment or a
fine of $1,000,00, or
both
Court costs as authorized by state law shall be added to
the fine.
(13) Section 1709 of the Model Traffic Code, concerning
penal ty assessment notices, is amended by the addi tion of new
Subsections (6) and (7), which Subsections shall read as follows:
(6) Payment of a penalty assessment notice by the
person to whom the notice is tendered shall constitute an
arknowledgment of guilt by such person of his or her
viola~~on of the offense stated in such notice.
(7) Payment of the prescribed fine shall be deemed
a complete satisfaction for the violation, and the City,
upon accepting the prescribed fine, shall issue a receipt
to the violator acknowledging payment thereof if
requested, Checks ~endered and accepted and on which
payment is received 81'.,)1.1 be deemed sufficient receipt.
(c) Purpose; rules of interpretation. This section shall be
so interpreted and construed as to efiO,,"ctuate its general purpose
to make uniform the local traffic re9~11ations contained herein.
The purpose of this section 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 this section 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.
(d) Application. The provisions of the adopted Model Traffic
Code, as amended, shall apply to every street, alley, sidewalk
area , driveway, park, and to every other publ ic way or publ ic
parking area, either within or outside the corporate limits of this
City, the use of which this City has jurisdiction and authority to
regulate, The provisions of Sections 606, 1204, 1208, 1211, 1401,
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1402, 1409 and 1413, of the adopted Model Traffic Code, respec-
tively concerning unauthorized devices, parking, parking for
persons with disabilities, limitations on backing, reckless
driving, careless driving, failing to show compulsory insurance and
eluding an officer shall apply not only to public places and ways,
but also throughout this City.
(e) Penalties. Except as otherwise provided in sections 13-
6(b) and (d), any person convicted of any violation of the
provisions of this chapter shall be subject to penalties as set
forth in Section 1701 of the Model Traffic Code, as amended.
Section 2. Section 13-7 of the Code of Laws of the City of
Wheat Ridge is hereby repealed.
Section 3. Validity and Severability. If any part or parts
of this ordinance are for any reason judicially held to be invalid,
to the extent possible, such holding shall not affect the validity
of the remaining portions of this ordinance, each provision, to the
extent possible, being severable from the others.
Section 4. Repeal. All ordinances or parts of ordinances
inconsistent with the provisions of this ordinance are 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 effective date of this ordinance,
Section 5. Certification. The City Clerk shall certify to
the passage of this ordinance and make not less than three copies
of the adopted Code available for inspection by the public during
regular business hours.
Section 6. Effective Date. This ordinance shall take effect
on July 1, 1996.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6
to 0 on the 10th day of June, 1996, 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 June 24,
1996, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
PUBLISHED on second and final
/ this 24th day of June, 1996.
READ, ADOPTED AND
reading by a vote of 7
ORDERED
to 0
SIGNED by the Mayor on this 26th day of June
, 1996.
CITY OF WHEAT RIDGE, COLORADO
~~
DAN WILDE, MAYOR
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ATTEST:
I
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WANDA SANG,
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CITY CLE.F.K
1st publication: June 14, 1996
2nd publication: July 5, 1996
Wheat Ridge Transcript
Effective Date: July 1, 1996
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