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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 Section 13-2 of the Code of Laws of the City of Wheat Ridge is hereby repealed and readopted to read as follows: Sec. 13-2.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 Mill\53027\144b62.2 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: MHJ\53027\ 144662,2 -2- (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; MH1\53027\ 144662.2 - 3 - (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 -4- 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: MHJ\53027\ 144662.2 - 5- (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, MHJ\53U27\144662.2 - 6- (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. MHJ\53U27\144662.2 -7- (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: MHJ\53027\ 144662.2 - 8- 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, MHJ\53027\ 144662.2 - 9- 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 MHJ\53027\ 144662.2 -10- ATTEST: I )j ~_. /1 . L f. L 1 .., WANDA SANG, --A' 1'.1 / y, cv '.( _. , CITY CLE.F.K 1st publication: June 14, 1996 2nd publication: July 5, 1996 Wheat Ridge Transcript Effective Date: July 1, 1996 MHJ\53027\ 144662.:2 -11-