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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 Section 18-2, "Size and weight restrictions applicability," of the Model Traffic Code is hereby repealed and reenacted as follows: "(a) It shall be unlawful for any person to move or operate, or permit to be moved or operated, a commercial vehicle, on any street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 Section 18-3, "Height, width and length of vehicles and loads," of the Model Traffic Code is hereby repealed and reenacted as follows: "(a) No vehicle shall exceed a height of thirteen (13) feet; except that vehicles with a height of fourteen (14) feet six (6) inches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