HomeMy WebLinkAbout2020 Ordinance No. 0492020 MUNICIPAL TRAFFIC CODE 1
BY AUTHORITY
ORDINANCE NO. 49 COUNCIL BILL NO. 51
SERIES OF 2020 INTRODUCED BY COUNCIL
MEMBER STONE
AN ORDINANCE CONCERNING AN AMENDMENT OF TITLE 11, CHAPTER 1
OF THE MUNICIPAL CODE (2000) OF THE CITY OF ENGLEWOOD,
COLORADO, IN CONNECTION WITH REGULATING TRAFFIC WITHIN THE
CORPORATE LIMITS OF SUCH CITY, INCORPORATING BY REFERENCE
THE 2020 EDITION OF THE “MODEL TRAFFIC CODE FOR COLORADO”, AS
MODIFIED BY APPLICABLE ADDITIONS, DELETIONS AND AMENDMENTS
AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD,
COLORADO.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Title 11, Chapter 1. Title 11, Chapter 1 of the Englewood
Municipal Code shall be amended to adopt the 2020 Edition of the Model Traffic Code for
Colorado as follows:
Chapter 1 – TRAFFIC CODE
11-1-1: - Adoption of Code.
A. Pursuant to Section 44, Article V of the Englewood Home Rule Charter, and Title
31, Article 16, Parts 1 and 2, C.R.S., as amended, there is hereby adopted by reference Articles
I and II, inclusive of the 2020 Edition of the “Model Traffic Code for Colorado”, promulgated and
published as such by the Colorado Department of Transportation, Traffic Engineering and Safety
Branch, 2829 W. Howard Place, Denver, Colorado 80204. The subject matter of the Model Traffic
Code relates primarily to comprehensive traffic-control regulations for the State of Colorado, and
its subject counties, cities, towns and home rule municipalities, including the City of Englewood
(hereinafter referred to as “City”). The purpose of this Ordinance and the Englewood Municipal
Code (“E.M.C.”) adopted herein is to provide a system of traffic regulation consistent with state
law and generally conforming to similar regulations throughout the state and nation. Two copies
of the Model Traffic Code adopted herein shall be on file in the office of the City Clerk for the City
of Englewood, Colorado and may be inspected during regular business hours, and one copy shall
be made available at the website of the City Clerk.
B. The 2020 edition of the Model Traffic Code (“MTC”) is adopted as if set out at
length, except for the following amendments and deletions as set forth below.
1. Penalty Assessment. The penalty assessments for traffic violations are
inapplicable to the City. Therefore, all references to penalty assessments and procedures dealing
with penalty assessments as set forth within Parts 1-19 of the 2020 Model Traffic Code are hereby
expressly deleted.
2. Part 1, Section 103, MTC, is hereby amended by the addition of a new subsection
(2)(c), which shall read as follows:
103. Scope and effect of Code – exceptions to provisions.
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(2)(c). Provisions of these Parts 1 – 19 of the MTC as adopted herein shall apply
to all public highways, roadways, streets, alley ways, and upon private property made
available for public use where the City has contracted to provide traffic and parking
enforcement, and any such contract shall be a waiver of any objection the owner may
assert concerning enforcement of this Section and the MTC by peace officers authorized
and empowered to enforce this Code, provisions of law to the contrary notwithstanding.
3. Part 1, Section 106, who may restrict right to use highways - is hereby amended
to read as follows:
106. Right to restrict right to use highways.
a) The use of certain streets and roadways by trucks or other
commercial vehicles, bicycles, and horse-drawn vehicles or other non-motorized
traffic shall be restricted or prohibited when authorized by the City Traffic Engineer
and when official signs giving notice thereof are erected.
b) For the purposes of road construction and maintenance any street
or portion thereof may, by action of the City or by agreement with other concerned
road agencies, be temporarily closed to through traffic or to all vehicular traffic
during the work project, and the traffic affected shall be along appropriate detours
or alternative routes by official traffic control devices.
c) When signs are so erected giving notice of restrictions or
prohibitions upon the use of streets, no person shall disobey the directions or
instructions stated on such signs.
d) The provisions of subsection (a) above shall not be construed to
prohibit the drivers of any excluded vehicle(s) from traveling over such restricted
or prohibited streets, other than controlled-access roadways, for the purpose of
delivering or picking up materials or merchandise or reaching destinations which
occur on these particular streets, provided such excluded vehicles enter such
streets at the intersection nearest the destination of the vehicle and proceed
thereon no further than the nearest intersection thereafter.
4. The Title of Part 1, Section 109, Low-power scooters, animals, skis, skates, and
toy vehicles, on highways is hereby amended as follows:
109. Operation of low-power scooters, animals, skis, skates, toy vehicles and
electric golf cars.
5. Sections (1) and (13) of Part 1, Section 109, Low-power scooters, animals, skis,
skates, and toy vehicles, on highways - are hereby amended to read as follows, and a new section
(14) is added as follows:
109. Operation of low-power scooters, animals, skis, skates, toy vehicles and
electric golf cars.
(1) A person riding a low-power scooter upon a roadway where low-power
scooter travel is permitted shall be granted all of the rights and shall be subject to all of
the duties and penalties applicable to the driver of a motor vehicle as set forth in the E.M.C.
and the MTC, except those provisions of the E.M.C. or MTC that by their very nature, can
have no application. Said riders shall also comply with the special rules set forth in this
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section and in Part 2, Section 220 (1) (b) and (1) (c) of the MTC and when using streets
and highways within the City of Englewood, and shall comply with any other applicable
local ordinances regulating the operation of golf cars or low-power scooters. Whenever
the word “vehicle” is used in any of the driving rules applicable to golf cars and low-
powered scooter riders as set forth within Title 11, Chapter 1, of the Englewood Municipal
Code, such term shall be interpreted to include golf car and low-power scooter.
(13) (a) Except as otherwise provided in paragraph (b) of this subsection (13),
any person who violates a provision of this section commits a class B traffic infraction.
(b) Any person who violates subsection (6.5) of this section commits a class
A traffic infraction.
(14) Operation of an Electric Golf Car within the City of Englewood.
a) A golf car used on City streets or roadways, must meet the definition
stated in 42-1-102 C.R.S. and be powered by electricity.
b) Golf cars will be allowed on the streets and roadways of the City with the
following restrictions:
i) Golf cars shall be allowed on City roadways with a maximum
speed of thirty (30) miles per hour.
ii) Golf cars shall be prohibited on sidewalks and pedestrian or
bicycle pathways.
iii) Golf cars shall not be permitted continuous travel on the
following roadways within the City:
Evans Avenue
Dartmouth Avenue
Highway 285
Logan Street
Broadway
Downing Street
South Santa Fe Drive
University Blvd.
Federal Avenue
Belleview Avenue
Nor on Sections of:
Navajo, from Quincy to Oxford
Windermere, from Oxford to Kenyon
iv) With the exception of South Santa Fe Drive, golf cars may
cross the roadways listed above, or other roadways with a speed
limit of greater than thirty (30) miles per hour if they do so at marked
intersections.
c) All golf cars used on the streets or roadways of the City shall have
the following operational equipment:
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i) Head lamps.
ii) Front and rear turn signals.
iii) Tail lamps.
iv) Stop lamps.
v) Reflex reflectors; one red on each side as far to the rear as
practicable and one red reflector on the rear of the golf car.
vi) An exterior mirror mounted on the driver’s side of the vehicle
or an interior mirror.
vii) A windshield, or the driver must be wearing state approved
goggles.
viii) Seat belts (type one or two) at all seat positions. Wearing
seat belts is recommended but not required.
ix) Parking brake.
x) Display slow-moving vehicle emblem per MTC, Section 234.
xi) Display Englewood golf car permit sticker on the rear.
d) Permits required.
i) Golf Car Vehicle Permit. The golf car shall be inspected for
safety and required equipment by the Englewood Police
Department every three years and issued a permit sticker. A vehicle
driver must provide proof of current vehicle permit when requested
by any enforcing officer.
ii) Vehicle owners must provide proof of a current driver’s
license and complying insurance at the time of permitting and at all
times when operating the golf car on the City’s roadways.
iii) Fees for the inspection and City permit shall be set by
Council Resolution and incorporated within the City’s Rate and Fee
Schedule.
e) A golf car driver shall have in his or her possession a current valid
driver’s license or minor driver’s license and proof of insurance for the golf car.
i) A golf car driver shall possess insurance consistent with Motor
Vehicle Insurance limits required by State Statute.
f) Unauthorized use of golf cars.
i) An unlicensed driver of a golf car shall not carry a passenger
who is under twenty-one years of age.
ii) A person under sixteen years of age may not operate a golf
car.
6. Part 1, Section 111, Powers of Local Authorities - is hereby deleted.
7. Part 1, Section 113, Appropriations for administration of article - is hereby deleted.
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8. Part 1, Section 118, Establishment of wildlife crossing zones - is hereby deleted.
9. Part 2, Section 203, Unsafe Vehicles - Spot Inspections - is hereby deleted.
10. Part 2, Section 221 is hereby amended to include reference to electric scooters to read as
follows:
221. Bicycle and personal mobility device equipment.
(1) No other provision of this part 2 and no provision of part 3 of this Code shall
apply to a bicycle, electrical assisted bicycle, electric scooter or EPAMD or to equipment
for use on a bicycle, electrical assisted bicycle, electric scooter or EPAMD except those
provisions in this Code made specifically applicable to such a vehicle.
(2) Every bicycle, electrical assisted bicycle, electric scooter or EPAMD in use
at the times described in section 204 shall be equipped with a lamp on the front emitting
a white light visible from a distance of at least five hundred feet to the front.
(3) Every bicycle, electrical assisted bicycle, electric scooter or EPAMD shall
be equipped with a red reflector of a type approved by the department, which shall be
visible for six hundred feet to the rear when directly in front of lawful lower beams of head
lamps on a motor vehicle.
(4) Every bicycle, electrical assisted bicycle, electric scooter or EPAMD when
in use at the times described in section 204 shall be equipped with reflective material of
sufficient size and reflectivity to be visible from both sides for six hundred feet when directly
in front of lawful lower beams of head lamps on a motor vehicle or, in lieu of such reflective
material, with a lighted lamp visible from both sides from a distance of at least five hundred
feet.
(5) A bicycle, electrical assisted bicycle, electric scooter or EPAMD or its rider may
be equipped with lights or reflectors in addition to those required by subsections (2) to (4)
of this section.
(6) A bicycle, electric scooter or electrical assisted bicycle shall not be equipped
with, nor shall any person use upon a bicycle or electrical assisted bicycle, any siren or
whistle.
(7) Every bicycle, electric scooter or electrical assisted bicycle shall be equipped
with a brake or brakes that will enable its rider to stop the bicycle or electrical assisted
bicycle within twenty-five feet from a speed of ten miles per hour on dry, level, clean
pavement.
(8) A person engaged in the business of selling bicycles, electric scooter or
electrical assisted bicycles at retail shall not sell any bicycle or electrical assisted bicycle
unless the bicycle or electrical assisted bicycle has an identifying number permanently
stamped or cast on its frame.
(9)(a) On or after January 1, 2018, every manufacturer or distributor of new
electrical assisted bicycles intended for sale or distribution in this state shall permanently
affix to each electrical assisted bicycle, in a prominent location, a label that contains the
classification number, top assisted speed, and motor wattage of the electrical assisted
bicycle. The label must be printed in the Arial font in at least nine-point type.
(b) A person shall not knowingly modify an electrical assisted bicycle so as
to change the speed capability or motor engagement of the electrical assisted
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bicycle without also appropriately replacing, or causing to be replaced, the label
indicating the classification required by subsection (9)(a) of this section.
(10) (a) An electrical assisted bicycle must comply with the equipment and
manufacturing requirements for bicycles adopted by the United States consumer product
safety commission and codified at 16 CFR 1512 or its successor regulation.
(b) A class 2 electrical assisted bicycle must operate in a manner so that
the electric motor is disengaged or ceases to function when the brakes are
applied. Class 1 and class 3 electrical assisted bicycles must be equipped with a
mechanism or circuit that cannot be bypassed and that causes the electric motor
to disengage or cease to function when the rider stops pedaling.
(c) A class 3 electrical assisted bicycle must be equipped with a
speedometer that displays, in miles per hours, the speed the electrical assisted
bicycle is traveling.
(11) A person who violated this section commits a class B traffic infraction.
11. Part 2, Section 227(3)(b), Tinted Windows - is hereby deleted.
12. Part 2, Section 235, Minimum Standards for Commercial Vehicles - is hereby
amended to read as follows:
235. Minimum standards for commercial vehicles
The City hereby incorporates by reference the Department of Public Safety Rules and
Regulations Concerning Minimum Standards for the Operation of Commercial Vehicles as
adopted by the Colorado Code of Regulations (C.C.R.) or as same shall be amended
which incorporates the Code of Federal Regulations, Title 49, or as same shall be
amended.
13. Part 2, Section 236 (7) (b), Child Restraint Systems, regarding fine for a minor
driver - is hereby deleted.
14. Part 5, Section 511, Permits Standards - is hereby deleted.
15. Part 6, Section 603, Obedience to Official Traffic Control Devices - is hereby
amended by the addition of a new paragraph (6) which shall read as follows:
603. Obedience to Official Traffic Control Devices.
(6) Obedience to Official Truck Traffic Control Devices. Nor operator or driver of
a truck or commercial vehicle shall disobey any official traffic control devices relating to or
concerning truck routes or vehicle weight restrictions within the City of Englewood, except
as provided by 11-1-1 (B) (2) (4) E.M.C.
16. Part 6, Section 616, Wildlife Crossing Zones – increase in penalties for moving
traffic - is hereby deleted.
17. Part 7, Section 711, Driving on Mountain Highways - is hereby deleted.
18. Part 7, Section 714, Requirement To Yield To A Bicycle In A Bicycle Lane - is
hereby added as follows:
714. Requirement To Yield To A Bicycle In A Bicycle Lane.
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(1) The driver of a vehicle shall yield the right-of-way to a bicyclist or other
authorized user of a bicycle lane.
(2) “Bicycle Lane: means a portion of the roadway that has been designated
by striping, signage, or pavement markings for the exclusive use of bicyclists and other
authorized users of bicycle lanes. “Bicycle Lane” includes an intersection if the bicycle
lane is marked on opposite sides of the intersection.
(3) Any person who violates subsection (1) of this section commits a class a
traffic infraction.
19. Part 8, Section 802(3), Pedestrians’ Right-of-Way in Crosswalks - is hereby
amended to read as follows:
802. Pedestrians’ right-of-way in crosswalks.
(3) No pedestrian shall suddenly leave a curb or other place of safety and ride
a bicycle, ride an electrical assisted bicycle, electric scooter walk, or run into the path of a
moving vehicle that is so close as to constitute an immediate hazard.
20. Part 10, Section 1011, Use of Runaway Vehicle Ramps - is hereby deleted.
21. Part 11, Section 1101(1), Speed limits - is hereby amended to add the following
subsection(1)(a):
1101(1). Speed limits.
(1) No person shall drive a vehicle on a highway at a speed greater than is
reasonable and prudent under the conditions then existing.
(a) No person shall drive a vehicle on a street or highway within the
City at a speed greater than is reasonable and prudent under the conditions then
existing. Except when a special hazard exists that requires a lower speed, any
speed in excess of the posted speed at any location shall be prima facie evidence
that the speed at which the vehicle is being operated is not reasonable or prudent
for the conditions and is being operated in an unlawful manner.
22. Part 11, Section 1101(2), Speed Limits - is hereby amended to read as follows:
1101(2). Speed limits.
(a) Fifteen (15) miles per hour in any alley.
(b) Twenty-five (25) miles per hour in any business district, unless
otherwise posted.
(c) Twenty-five (25) miles per hour in any residential district, unless
otherwise posted.
23. Part 12, Section 1202, Parking or Abandonment of Vehicles - shall be amended to
read as follows:
1202. Parking or abandonment of vehicles.
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(1) No person shall stop, park, or leave standing any vehicle, either attended or
unattended, outside of a business or a residential district, upon the paved or improved and
main-traveled part of the highway. Nothing contained in this section shall apply to the
driver of any vehicle which is disabled while on the paved or improved and main-traveled
portion of a highway in such manner and to such extent that it is impossible to avoid
stopping and temporarily leaving such disabled vehicle in such position, subject, when
applicable, to the emergency lighting requirements set forth in section 230.
24. Part 12, Section 1203, Ski areas to install signs - is hereby deleted.
25. Part 12, Section 1204, Stopping, standing, or parking prohibited in specified
places - is hereby amended to read as follows:
1204. Stopping, standing, or parking prohibited in specified places.
(1) Except as otherwise provided in subsection (4) of this section, no person shall
stop, stand, or park a vehicle, including electric scooters, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a police officer or an official
traffic control device, in any of the following places
26. Part 12, Section 1205(2) and (3), Parking at Curb or Edge of Roadway - are hereby
amended to read as follows:
1205. Parking at curb or edge of roadway.
(2) Except as authorized by the City’s Traffic Engineer or designee, every
vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel
to the curb or edge of the roadway in the direction of authorized traffic movement, with its
right-hand wheels within twelve (12”) inches of the left-hand shoulder or with its left-hand
wheels within twelve (12”) of the left-hand curb or as close as practicable to the left edge
of the left hand shoulder.
(3) The local authority may, through its Traffic Engineer or designee, permit
angle parking on any roadway; except that angle parking shall not be permitted on any
State highway unless the Colorado Department of Transportation has determined by
resolution or order entered in its minutes that the roadway is of sufficient width to permit
angle parking without interfering with the free movement of traffic.
27. Part 14, Section 1401(1), Reckless Driving “Electric Scooter” - is hereby amended
to read as follows:
1401. Reckless driving - penalty.
(1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or
low-power scooter in such a manner as to indicate either a wanton or a willful disregard
for the safety of persons or property is guilty of reckless driving. A person convicted of
reckless driving of a bicycle or electrical assisted bicycle shall not be subject to the
provisions of 42-2-127, C.R.S.
28. Part 14, Section 1401(2), Reckless Driving – Penalty - is hereby deleted.
29. Part 14, Section 1402, Careless Driving – Penalty - is amended to read as follows:
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1402. Careless driving - penalty.
(1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or
low-power scooter in a careless and imprudent manner, without due regard for the width,
grade, curves, corners, traffic, and use of the streets and highways and all other attendant
circumstances, is guilty of careless driving. A person convicted of careless driving of a
bicycle or electrical assisted bicycle shall not be subject to the provisions of 42-2-127,
C.R.S.
(2) Failed to Yield Right-of-Way to Bicyclist or Other Authorized User in Bicycle
Lane Caused Crash is hereby added.
(3) Failed to Yield Right-of-Way to Bicyclist or Other Authorized User in Bicycle
Lane Caused Bodily Injury, is hereby added.
(4) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or
low-power scooter in a careless and imprudent manner, without due regard for the width,
grade, curves, corners, traffic, and use of the streets and highways and all other attendant
circumstances, is guilty of careless driving. A person convicted of careless driving of a
bicycle or electrical assisted bicycle shall not be subject to the provisions of 42-2-127,
C.R.S.
(5) Any person who violates any provision of this section commits a class 2
misdemeanor traffic offense, but, if the person’s actions are the proximate cause of bodily
injury or death to another, such person commits a class 1 misdemeanor traffic offense.
30. Part 14, Section 1402.5 Vulnerable Road User is hereby added.
1402.5 Vulnerable road user - prohibition.
(1) Definition. As used in this section, unless the context otherwise requires,
"vulnerable road user" means:
(a) A pedestrian;
(b) A person engaged in work upon a roadway or upon utility facilities
along a roadway;
(c) A person providing emergency services within a right-of-way;
(d) A peace officer who is outside a motor vehicle and performing the
peace officer's duties in a right-of-way;
(e) A person riding or leading an animal; or
(f) A person lawfully using any of the following on a public right-of-way,
crosswalk, or shoulder of the roadway:
(i) A bicycle, electrical assisted bicycle, tricycle, or other pedal-
powered vehicle;
(ii) A farm tractor or similar vehicle designed primarily for farm use;
(iii) A skateboard;
(iv) Roller skates;
(v) In-line skates;
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(vi) A scooter;
(vii) A moped;
(viii) A motorcycle;
(ix) An off-highway vehicle;
(x) An animal-drawn, wheeled vehicle;
(xi) Farm equipment;
(xii) A sled;
(xiii) An electric personal assistive mobility device;
(xiv) A wheelchair;
(xv) A baby stroller; or
(xvi) A nonmotorized pull wagon.
(2) Prohibition. A person who drives a motor vehicle in violation of section 1402
of the MTC and whose actions are the proximate cause of serious bodily injury, as defined
in section 1601, to a vulnerable road user commits infliction of serious bodily injury to a
vulnerable road user.
(3) Violations and penalties. (a) Infliction of serious bodily injury to a
vulnerable road user is a class 1 traffic misdemeanor.
31. Part 14, Section 1407.5, Splash Guards (3)(g) - is hereby amended to read as
follows:
1407.5.(3) Splash guards - when required.
(3) This section does not apply to:
(a) Passenger-carrying motor vehicles registered pursuant to section 42-3-
306(2), C.R.S.;
(b) Trucks and truck tractors registered pursuant to section 42-3-306(4) or
(5) C.R.S., having an empty weight of ten thousand pounds or less;
(c) Trailers equipped with fenders or utility pole trailers;
(d) Vehicles while involved in chip and seal or paving operations or road
widening equipment;
(e) Truck tractors or converter dollies when used in combination with other
vehicles;
(f) Vehicles drawn by animals; or
(g) Bicycles, electric scooters or electrical assisted bicycles.
32. Sections (1), (2), (4)(a), and (6) of Part 14, Section 1409, Compulsory Insurance -
are hereby amended to read as follows:
1409. Compulsory insurance - penalty - legislative intent.
(1) No owner of a motor vehicle or low-power scooter required to be registered
in this municipality shall operate the vehicle or permit it to be operated on the public
highways of this municipality when the owner has failed to have a complying policy or
certificate of self-insurance in full force and effect as required by law.
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(2) No person shall operate a motor vehicle or low-power scooter on the public
highways of this municipality without a complying policy or certificate of self-insurance in
full force and effect as required by law.
(4) (a) Any person who violates the provision of (1), (2), or (3) of this section
commits a traffic offense.
(6) No person charged with violating subsection (1), (2), or (3) of this section shall
be convicted if he or she produces in court a bona fide complying policy or certificate of
self-insurance in full force and effect as required by law at the time of the alleged violation.
33. Part 14, Section 1410.5, Sections (2) and (3), providing false evidence of proof of
motor vehicle insurance – penalty - are hereby deleted.
34. Part 14, Section 1412, sections (1) to (13), Operation of bicycles and other human-
powered vehicles - are hereby amended as follows:
1412. Operation of bicycles and other human-powered vehicles.
(1) Every person riding a bicycle or electrical assisted bicycle or electric
scooters shall have all of the rights and duties applicable to the driver of any other vehicle
under this Code, except as to special regulations in this Code and except as to those
provisions which by their nature can have no application. Said riders shall comply with the
rules set forth in this section and section 221, and, when using streets and highways within
incorporated cities and towns, shall be subject to local ordinances regulating the operation
of bicycles, electric scooters and electrical assisted bicycles as provided in this Title 11,
Chapter 1 and C.R.S. 42-4-111.
(2) It is the intent of the general assembly that nothing contained in House Bill
No. 1246, enacted at the second regular session of the fifty-sixth general assembly, shall
in any way be construed to modify or increase the duty of the department of transportation
or any political subdivision to sign or maintain highways or sidewalks or to affect or
increase the liability of the state of Colorado or any political subdivision under the
“Colorado Governmental Immunity Act”, Code 10 of title 24, C.R.S.
(3) No bicycle or electrical assisted bicycle or electric scooters shall be used
to carry more persons at one time than the number for which it is designed or equipped.
(4) No person riding upon any bicycle or electrical assisted bicycle or electric
scooters shall attach the same or himself or herself to any motor vehicle upon a roadway.
(5) (a) Any person operating a bicycle or an electrical assisted bicycle or
electric scooters upon a roadway at less than the normal speed of traffic shall ride in the
right-hand lane, subject to the following conditions:
(i) If the right-hand lane then available for traffic is wide enough to
be safely shared with overtaking vehicles, a bicyclist shall ride far
enough to the right as judged safe by the bicyclist to facilitate the
movement of such overtaking vehicles unless other conditions
make it unsafe to do so.
(ii) A bicyclist may use a lane other than the right-hand lane when:
(A) Preparing for a left turn at an intersection or into a private
roadway or driveway;
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(B) Overtaking a slower vehicle; or
(C) Taking reasonably necessary precautions to avoid
hazards or road conditions.
(iii) Upon approaching an intersection where right turns are
permitted and there is a dedicated right-turn lane, a bicyclist may
ride on the left-hand portion of the dedicated right-turn lane even if
the bicyclist does not intend to turn right.
(b) A bicyclist or electric scooter rider shall not be expected or required to:
(i) Ride over or through hazards at the edge of a roadway, including
but not limited to fixed or moving objects, parked or moving
vehicles, bicycles, pedestrians, animals, surface hazards, or narrow
lanes; or
(ii) Ride without a reasonable safety margin on the right-hand side
of the roadway.
(c) A person operating a bicycle or an electrical assisted bicycle or electric
scooters upon a one-way roadway with two or more marked traffic lanes may ride
as near to the left-hand curb or edge of such roadway as judged safe by the
bicyclist, subject to the following conditions:
(i) If the left-hand lane then available for traffic is wide enough to be
safely shared with overtaking vehicles, a bicyclist shall ride far
enough to the left as judged safe by the bicyclist to facilitate the
movement of such overtaking vehicles unless other conditions
make it unsafe to do so.
(ii) A bicyclist or electric scooter rider shall not be expected or
required to:
(A) Ride over or through hazards at the edge of a roadway,
including but not limited to fixed or moving objects, parked
or moving vehicles, bicycles, pedestrians, animals, surface
hazards, or narrow lanes; or
(B) Ride without a reasonable safety margin on the left-hand
side of the roadway.
(6) (a) Persons riding bicycles or electrical assisted bicycles or electric scooters
upon a roadway shall not ride more than two abreast except on paths or parts of roadways
set aside for the exclusive use of bicycles.
(b) Persons riding bicycles or electrical assisted bicycles or electric
scooters two abreast shall not impede the normal and reasonable movement of
traffic and, on a laned roadway, shall ride within a single lane.
(7) A person operating a bicycle or electrical assisted bicycle or electric scooters
shall keep at least one hand on the handlebars at all times.
(8) (a) A person riding a bicycle or electrical assisted bicycle or electric scooters
intending to turn left shall follow a course described in sections 901 (1), 903, and 1007 or
may make a left turn in the manner prescribed in paragraph (b) of this subsection (8).
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(b) A person riding a bicycle or electrical assisted bicycle or electric
scooters intending to turn left shall approach the turn as closely as practicable to
the right-hand curb or edge of the roadway. After proceeding across the
intersecting roadway to the far corner of the curb or intersection of the roadway
edges, the bicyclist shall stop, as much as practicable, out of the way of traffic.
After stopping, the bicyclist shall yield to any traffic proceeding in either direction
along the roadway that the bicyclist had been using. After yielding and complying
with any official traffic control device or police officer regulating traffic on the
highway along which the bicyclist intends to proceed, the bicyclist may proceed in
the new direction.
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this
subsection (8), the transportation commission and local authorities in their
respective jurisdictions may cause official traffic control devices to be placed on
roadways and thereby require and direct that a specific course be traveled.
(9) (a) Except as otherwise provided in this subsection (9), every person riding a
bicycle or electrical assisted bicycle or electric scooters shall signal the intention to turn or
stop in accordance with section 903; except that a person riding a bicycle or electrical
assisted bicycle or electric scooters may signal a right turn with the right arm extended
horizontally.
(b) A signal of intention to turn right or left when required shall be given
continuously during not less than the last one hundred feet traveled by the bicycle
or electrical assisted bicycle or electric scooters before turning and shall be given
while the bicycle or electrical assisted bicycle or electric scooters is stopped waiting
to turn. A signal by hand and arm need not be given continuously if the hand is
needed in the control or operation of the bicycle or electrical assisted bicycle or
electric scooters.
(10) (a) A person riding a bicycle or electrical assisted bicycle or electric scooters
upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk
shall yield the right-of-way to any pedestrian and shall give an audible signal before
overtaking and passing such pedestrian. A person riding a bicycle or electric scooter in a
crosswalk shall do so in a manner that is safe for pedestrians.
(b) A person shall not ride a bicycle or electrical assisted bicycle or electric
scooters upon and along a sidewalk or pathway or across a roadway upon and
along a crosswalk where such use of bicycles or electrical assisted bicycles or
electric scooters is prohibited by official traffic control devices or local ordinances.
A person riding a bicycle or electrical assisted bicycle or electric scooters shall
dismount before entering any crosswalk where required by official traffic control
devices or local ordinances.
(c) A person riding or walking a bicycle or electrical assisted bicycle or
electric scooters upon and along a sidewalk or pathway or across a roadway upon
and along a crosswalk shall have all the rights and duties applicable to a pedestrian
under the same circumstances, including, but not limited to, the rights and duties
granted and required by section 802.
(11) (a) A person may park a bicycle or electrical assisted bicycle or electric
scooters on a sidewalk unless prohibited or restricted by an official traffic control device or
local ordinance.
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(b) A bicycle or electrical assisted bicycle or electric scooters parked on a
sidewalk shall not impede the normal and reasonable movement of pedestrian or
other traffic.
(c) A bicycle or electrical assisted bicycle or electric scooters may be
parked on the road at any angle to the curb or edge of the road at any location
where parking is allowed.
(d) A bicycle or electrical assisted bicycle or electric scooters may be
parked on the road abreast of another such bicycle or bicycles or electric scooters
near the side of the road or any location where parking is allowed in such a manner
as does not impede the normal and reasonable movement of traffic.
(e) In all other respects, bicycles or electrical assisted bicycles or electric
scooters parked anywhere on a highway shall conform to the provisions of part 12
of this Code regulating the parking of vehicles.
(12) (a) Any person who violates any provision of this section commits a class 2
misdemeanor traffic offense; except that 42-2-127, C.R.S., shall not apply.
(b) Any person riding a bicycle or electrical assisted bicycle or electric
scooters who violates any provision of this Code other than this section which is
applicable to such a vehicle and for which a penalty is specified shall be subject to
the same specified penalty as any other vehicle; except that 42-2-127, C.R.S., shall
not apply.
(13) Upon request, the law enforcement agency having jurisdiction shall complete
a report concerning an injury or death incident that involves a bicycle or electrical assisted
bicycle or electric scooters on the roadways of the state, even if such accident does not
involve a motor vehicle.
35. Part 14, Section 1412.5, Local adoption of alternative regulations of bicycles and
electric scooters approaching intersections - is hereby added.
1412.5 Alternative regulations of bicycles and electric scooters approaching
intersections.
(1) The City may adopt an ordinance regarding the following:
(a) A person riding a bicycle, electrical assisted bicycle, or electric scooter
and approaching an intersection of a roadway with a stop sign shall slow down
and, if required for safety, stop before entering the intersection. If a stop is not
required for safety, the person shall slow to a reasonable speed and yield the right-
of-way to any traffic or pedestrian in or approaching the intersection. After the
person has slowed to a reasonable speed and yielded the right-of-way if required,
the person may cautiously make a turn or proceed through the intersection without
stopping.
(b) For purposes of this subsection (1), a reasonable speed is fifteen miles
per hour or less. The City, by ordinance, may reduce the maximum reasonable
speed at any individual intersection to ten miles per hour or raise the maximum
reasonable speed to twenty miles per hour if the City also posts signs at the
intersection stating that lower or higher speed limitation.
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(c) A person riding a bicycle, electrical assisted bicycle, or electric scooter
and approaching an intersection of a roadway with an illuminated red traffic control
signal shall stop before entering the intersection and shall yield to all other traffic
and pedestrians. Once the person has yielded, the person may cautiously proceed
in the same direction through the intersection or make a right-hand turn. When a
red traffic control signal is illuminated, a person shall not proceed through the
intersection or turn right if an oncoming vehicle is turning or preparing to turn left
in front of the person.
(d) A person riding a bicycle, electrical assisted bicycle, or electric scooter
approaching an intersection of a roadway with an illuminated red traffic control
signal may make a left-hand turn only if turning onto a one-way street and only
after stopping and yielding to other traffic and pedestrians. However, a person shall
not turn left if a vehicle is traveling in the same direction as the person and the
vehicle is turning or preparing to turn left. If the person is not turning left onto a
one-way street, the person shall not make a left-hand turn at an intersection while
a red traffic control signal is illuminated.
(2) As used in this section:
(a) "Electrical assisted bicycle" means the term as it is defined in Appendix
– Definitions.
36. Part 17, Section 1701(3), (4), (5), (6), (7) and (8), Traffic Offenses Classified-
Schedule of Fines (regarding fine schedules) - are hereby deleted.
37. Part 17, Section 1709, Penalty Assessment - is hereby deleted.
38. Part 17, Section 1710, Failure to Pay Penalty - is hereby deleted.
39. Part 17, Section 1716, Notice to Appear or Pay Fine-Failure to Appear-Penalty - is
hereby amended to read as follows:
1716. Notice to appear or pay fine.
(1) For the purposes of the provisions of this Title 11, Chapter 1 (MTC) tender
by an arresting officer of the summons shall constitute notice to the violator to appear in
court or at the Violations Bureau within the times and dates specified on such summons.
40. Part 17, Section 1717, Conviction-Attendance at Driver Improvement School – is
amended to read as follows:
1717. Conviction - attendance at driver improvement school.
(1) Except as otherwise provided in subsection (2) of this section, whenever a
person has been convicted of violating any provision of this Code or other law regulating
the operation of vehicles on streets or highways, the court, in addition to the penalty
provided for the violation or as a condition of either the probation or the suspension of all
or any portion of any fine or sentence of imprisonment for a violation other than a traffic
infraction, may require the defendant, at the defendant's own expense, if any, to attend
and satisfactorily complete a course of instruction at any designated driver improvement
school located and operating in the county of the defendant's residence and providing
instruction in the traffic laws of this state, instruction in recognition of hazardous traffic
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situations, and instruction in traffic accident prevention. Such school shall be approved by
the court.
41. Part 18, Vehicles Abandoned on Public Property - is hereby deleted in its entirety.
C. Appendix - Definitions, Section 102(42)(c) – is hereby amended to add the
following definitions:
(10.3) “Bicycle Lane” means a portion of the roadway that has been designated by
striping, signage, or pavement markings for the exclusive use of bicyclists and other authorized
users of bicycle lanes. “Bicycle Lane” includes an intersection if the bicycle lane is marked on
opposite sides of the intersection.
(10.5) “Bike Path or Pedestrian Path” means that part of a roadway or separate path
designed for or reserved for the exclusive use of pedestrians, bicycles or human powered
vehicles.
(28.8) “Electric Scooter” means a device weighing less than one hundred pounds, with
handlebars and an electric motor that is powered by electric motor and has a maximum speed of
twenty miles per hour on a paved level surface when powered solely by the electric motor. Electric
scooter does not include an electrical assisted bicycle, EPMAD, motorcycle or low-power scooter.
(58) "Motor vehicle" means any self-propelled vehicle that is designed primarily for
travel on the public highways and that is generally and commonly used to transport persons and
property over the public highways or a low-speed electric vehicle; except that the term does not
include electrical assisted bicycles, low-power scooters, wheelchairs, or vehicles moved solely by
human power.
(103.5) “Toy Vehicle”
(a) "Toy vehicle" means any vehicle that has wheels and is not designed for use
on public highways or for off-road use.
(b) "Toy vehicle" includes, but is not limited to, gas-powered or electric-powered
vehicles commonly known as mini bikes, "pocket" bikes, kamikaze boards, go-peds, and
stand-up scooters. It does not include electric scooters.
(c) “Toy vehicle” does not include off-highway vehicles or snowmobiles.
Section 2. Notice of general provisions and findings applicable to interpretation and
application of this Ordinance:
Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2,
Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth
above, including, but not limited to, the provisions regarding severability, inconsistent ordinances
or code provisions, effect of repeal or modification, and legislation not affected by repeal.
Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as
otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code,
the violation of any provisions of the Code, or of any secondary code adopted therein, shall be
punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or
imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and
imprisonment.
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Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is
promulgated under the general police power of the City of Englewood, 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 obtained.
Introduced, read in full, and passed on first reading on the 19th day of October, 2020.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd
day of October, 2020.
Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of
October, 2020 for thirty (30) days.
Read by Title and passed on final reading on the 2nd day of November, 2020.
Published by Title in the City’s official newspaper as Ordinance No 49, Series of 2020,
on the 5th day of November, 2020
Published by title on the City’s official website beginning on the 4th day of November,
2020 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Linda Olson, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
Title as Ordinance No.49, Series of 2020.
Stephanie Carlile
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