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Home My WebLink About2016 Ordinance No. 019BY AUTHORITY ORDINANCE NO. /l_ SERIES OF 2016 COUNCIL BILL NO. 17 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AMENDING TITLE 11, CHAPTER 1, SECTION 1, SUBSECTION B, OF THE 2000 ENGLEWOOD MUNICIPAL CODE BY THE ADDffiON OF A NEW SECTION 15 PERTAINING TO THE OPERATION OF A VEIDCLE APPROACHED BY AN EMERGENCY VEIIlCLE. WHEREAS, the Colorado Model Traffic Code has been periodically amended by the Colorado State Legislature to include Section 705 "Operation of vehicle approached by emergency vehicle"; and WHEREAS, the Englewood Municipal Code 2000 does not have an ordinance which requires drivers to yield to stationary authorized emergency vehicles that are giving visual signals by means of flashing lights; and WHEREAS, therefore our Police Officers must write violations into Arapahoe County for prosecution of such offenses; and WHEREAS, the passage of this ordinance allows these types of violations to be written into the Englewood Municipal Court for prosecution and adjudication. NOW, THEREFORE, BE IT ORDAINED BY THE CfIT COUNCIL OF THE CfIT OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 11, Chapter 1, Section l, SubsectionB, by the addition of a new Paragraph 15, and renumbering the current Paragraphs 15 through 33, of the Englewood Municipal Code 2000 to read as follows: TITLE 11-PUBLIC WAYS AND PROPERTY. 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. 1973, as amended, 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, 4201 E. Arkansas Avenue, Denver, Colorado 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic-control regulations for the City. The purpose of this Chapter and the code adopted herein is to provide a system of 1 traffic regulation consistent with State law and generally confonning to similar regulations throughout the State and Nation. A copy of the Model Traffic Code adopted herein is now filed in the office of the City Clerk of the City and may be inspected during regular business hours. B. The 1995 edition of the Model Traffic Code is adopted as if set out at length. except for the following parts and Sections of Article I which are declared to be inapplicable to this municipality and are therefore expressly deleted or amended: EDITORS NOTE: Sections 11-1-1 A through B 1 through 14, contain no changes and are therefore not included here. ~ Part 7, Section 10s, Operation ea eppFoaeh of emergeR§'t vekieles of vehicle approached by emergency vehicle-operation ofyehicJe approaching stationary emergency vehicle. ~ A driver in a vehicle that is approaching or passing a stationary authorized emergency vehicle that is giving a visual signal by means of flashing, rotating, or osciHating red, blue, white, or amber lights as pennitted by section 213 or 222, shall exhibit due care and caution and proceed as described in paragraphs Cb} and fcl 0 ( this subsection c2}, Wl On a highway with at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary authorized emergency vehicle is located, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right-of-way by moving into a lane at least one moving lane apart fi;om the statjonary authorized emergency vehicle, unless directed otherwise by a peace officer or other authorized emergency personnel if movement to adjacent Jane is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic, the 4cixer of the approaching vehicle shall proceed in the manner described in paragraph Ccl of this subsection C2l, On a highway that does not have at least two adjacent lanes proceeding in the same direction of the same side of the highway where a stationary authorized emergency vehicle is located, or if movement by the driver of the approaching vehicle into an adjacent lane. as described in paragraph Cbl of this subsection C2l, is not possible, the driver. of an approaching vehicle shall reduce and maintain a safe speed with regard to the location of the stationary authorized vehicle, weather conditions, road conditions. and vehicular or pedestrian traffic and proceed with due care and caution, or as directed by a peace officer or other authorized emergency personnel, EDITORS NOTE: Sections 11-1-1 C, contain no changes and are therefore not included here. Section 2. 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 2 i.. • J welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. S everability. 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, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section S. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 4th day of April, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of April, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 61h day of April, 2016 for thirty (30) days. Read by title and passed on final reading on the 18th day of April, 2016. Published by title in the City's official newspaper as Ordinance No/~ Series of 2016, on the 21st day of April, 2016. Published by title on the City's official website beginning on the 20th day of April, 2016 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 3 I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is ,)l:lle copy of the Ordinance passed on final reading and published by title as Ordinance No. f_µ Series of 2016. 4 • • . . COUNCIL COMMUNICATION Meeting Date: Agenda Item: Recommendation to approve a bill for an April 18, 2016 9bi ordinance pertaining to "Operation of a vehicle approached by emergency vehicle -operation of vehicle approaching stationary emergency vehicle" 2nd Reading Initiated By: Staff Source: Police Department Deputy Chief Jeff Sanchez PREVIOUS COUNCIL ACTION City Council previously adopted the Colorado Model Traffic Code (1995 Revision). RECOMMENDED ACTION The Police Department recommends that City Council adopt a bill for an ordinance, on second reading, which would add a new section (8)(15) to Title 11 of the Englewood Municipal Code -Part 6, Section 705 (2)(a)(b)(c) -Operation of vehicle approached by emergency vehicle -operation of vehicle approaching stationary emergency vehicle . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Colorado Model Traffic Code has been periodically amended by the Colorado State Legislature to include Section 705 (Operation of vehicle approached by emergency vehicle -operation of vehicle approaching stationary emergency vehicle). Currently, the city does not have a matching ordinance which requires drivers to yield to stationary authorized emergency vehicles that are giving visual signals by means of flashing lights, therefore our officers must write these violations into Arapahoe County for prosecution. It would be preferable if we could write these tickets into our own Municipal Court for prosecution and adjudication. FINANCIAL IMPACT There is no financial impact to the City. LIST OF ATTACHMENTS Bill for an Ordinance COUNCIL COMMUNICATION Meeting Date: Agenda Item: Recommendation to approve a bill for an April 4, 2016 11ai ordinance pertaining to uoperation of a vehicle approached by emergency vehicle -operation of vehicle approaching stationary emergency vehicle" Initiated By: Staff Source: Police Department Deputy Chief Jeff Sanchez PREVIOUS COUNCIL ACTION City Council previously adopted the Colorado Model Traffic Code (1995 Revision). RECOMMENDED ACTION The Police Department recommends that City Council adopt a bill for an ordinance which would add a new section {8)(15) to Title 11 of the Englewood Municipal Code - Part 6, Section 705 (2)(a)(b)(c) -Operation of vehicle approached by emergency vehicle -operation of vehicle approaching stationary emergency vehicle . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Colorado Model Traffic Code has been periodically amended by the Colorado State Legislature to include Section 705 (Operation of vehicle approached by emergency vehicle -operation of vehicle approaching stationary emergency vehicle). Currently, the city does not have a matching ordinance which requires drivers to yield to stationary authorized emergency vehicles that are giving visual signals by means of flashing lights, therefore our officers must write these violations into Arapahoe County for prosecution. It would be preferable if we could write these tickets into our own Municipal Court for prosecution and adjudication . FINANCIAL IMPACT There is no financial impact to the City. LIST OF ATTACHMENTS Bill for an Ordinance