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HomeMy WebLinkAboutOrdinance-1997-1063 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER n"lhpr council Bill No. ~ Ordinance No. 1996-~3 Series of 1996 TITLE: AN ORDINANCE CONCERNING THE REGULATION OF VEHICLES AND TRAFFIC IN THE CITY OF WHEAT RIDGE WHEREAS, Section 13-6 of the Code of Laws of the city of Wheat Ridge ("City") references sections and provisions contained in the 1977 edition of the Model Traffic Code for Colorado Municipalities; and WHEREAS, by Ordinance No. adopted the 1995 edition of the Municipalities, as amended; and 1032, the city of Wheat Ridge Model Traffic Code for Colorado WHEREAS, the City desires conformity with the 1995 edition Colorado Municipalities; and to bring section 13-6 into of the Model Traffic Code for WHEREAS, the 1995 edition of contains provisions prohibiting alleys; and the Model Traffic Code no longer certain parking acti vi ties in WHEREAS, it is in the best interests of the public safety and welfare of the citizens of Wheat Ridge, Colorado, to regulate parking activities in the alleys of Wheat Ridge, Colorado; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Section 13-6 of the Code of Laws of the City of Wheat Ridge is hereby repealed and readopted to read as follows: Sec. 13-6. Safety standards and specifica- tions. (a) Adopted. The "Rules and Regulations Governing the Safety Standards and Specifica- tions of All Commercial Vehicles," as promul- gated 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 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 pi:6iiJi){$ of the Model Traffic Code for MHJ\53027\166553.1 MH1\53027\166553.1 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 subs~ctioJ1 (a) of this section or Article XVIII l(~jtt{g of the Model Traffic Code, as amended, maYbe fined a penalty assessment fine of seventy- five dollars ($75.00) for each violation. Each and every day which a violation is permitted to exist shall constitute a separate and distinct offense. The penalties herein shall not preclude the city from initiating any other action to abate or prevent the occurrence of any violation of the provisions specified in this section. (c) Immobilization. Police officers are hereby authorized to immobilize, impound or otherwise direct the disposition of commercial vehicles when it is determined that the motor vehicle or operation thereof is unsafe and when such immobilization, impoundment or disposition is appropriate under the "Rules and Regulations Governing the Safety Standards and Specifications of All Commercial Vehicles, " as promulgated by the Colorado Department of Safety, and as the same may be amended from time to time. (d) Excess weight - Penalty assessment. Any person who pleads guilty or is convicted of violating the weight limitations of either section -M---'f- ~97 or section M-&$Q$ 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 Penalty Assessment Fine Amount 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 $ 50.00 65.00 80.00 95.00 110.00 125.00 140.00 -2- 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 7,501 to 7,750 7,751 to 8,000 8,001 to 8,250 8,251 to 8,500 8,501 to 8,750 8,751 to 9,000 9,001 to 9,250 9,251 to 9,500 9,501 to 9,750 9,751 to 10,000 10,001 to 10,250 10,251 to 10,500 10,501 to 10,750 10,751 to 11,000 11,001 and over 155.00 170.00 185.00 210.00 235.00 260.00 285.00 325.00 365.00 405.00 445.00 495.00 545.00 595.00 645.00 705.00 765.00 825.00 885.00 920.00 955.00 990.00 999.00 section 2. Chapter 13 of the Wheat Ridge City Code is amended by the addition of a section 13-8, to read as follows: Sec. 13-8 Parking in alleys. (a) No person shall park a vehicle within an alley except during the necessary and expeditious loading and unloading of merchandise or freight. (b) No person shall stop, stand or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property. (c) A violation of this section constitutes a traffic infraction the violation of which is subject to the provisions and penalties of section 1701 of the 1995 edition of the Model Traffic Code as amended. section 3. Validity and Severabilitv. 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 MHJ\53027\166553.1 -3- committed in violation of any ordinance hereby repealed prior to the effective date of this ordinance. section 5. Effective Date. This ordinance shall take effect 15 days after final publication INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on the 2nd day of December, 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 January 13, , 1997 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. PUBLI SHED on , this 13th second and final day of January READ, reading by 1991. ADOPTED AND ORDERED a vote of 8 to 0 SIGNED by the Mayor on this 14th day of January , 1997. CITY OF WHEAT RIDGE, COLORADO _ 'l<.~J 'v .....-<" d"-" DAN WILDE, MAYOR ATTEST: . - C .....,/ ~J"",;'-;' r-' (,~ ',''.J 1 WANDA SANG, CITY CLERK ,,_) , J 1st Publication: December 6, 1996 2nd Publication: January 17, 1997 Wheat Ridge Transcript Effective Date: February 1, 1997 MH1\53027\166553 1 -4-