Loading...
HomeMy WebLinkAbout1978 Ordinance No. 024•• '. • • INTRODUCED AS A BILL BY COUNCILMAN CLAYTON. BY AUTHORITY ORDINANCE NO. 24 , SERIES OF 1978 AN ORDINANCE ADOPTING BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL, THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Chapter 1, Title XIV of the 1969 Englewood Municipal Code is hereby repealed and readopted with amendments as follows: 14-1-1: ADOPTION MODEL TRAFFIC CODE COLORADO MUNICIPALITIES - 1977. (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 to XXVI, inclusive of the 1977 Edition of the "Model Traffic Code for Colorado Municipalities", promulgated and published as such by the State Department of Highways, 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 purpose of this Ordinance and the Code adopted herein is to provide a system of traffic regulation consistent with state law and generally conform- ing to similar regulations throughout the state and nation. Three (3) copies of the Model Traffic Code adopted herein are now filed in the off ice of the Director of Finance ex officio City Clerk of the City of Englewood and may be inspected during regular business hours. The 1977 edition of the Model Traffic Code is adopted as set out at length to save and accept the following articles and/or sections which are declared to be inapplicable to this municipality and are therefore, expressly deleted: (1) Article XXVI. (2) Section 23-8 of Article XXIII • .~ • • (b) Whenever any provision of the Model Traffic Code makes reference to any of the provisions thereof appearing in those portions of the Model Traffic Code set forth in sub-section (2), (1) and (2), hereof, the same shall be taken to refer to the substituted provisions therefor, if any, contained within this title. 14-2-1: CLERK TO KEEP COPIES OF MODEL TRAFFIC CODE The City Clerk shall maintain a reasonable supply of copies of the said Model Traffic Code, which copies shall be available for purchase by the public at a price not to exceed $2. 00 per copy. Section 2. That Chapter 2, Title XIV, of the 1969 Englewood Municipal Code is hereby repealed and a new Chapter 2 is hereby adopted adopted to read as follows: 14-2-1: CHAPTER 2 MODIFICATION TO .MODE~ TRAFFIC CODE TRAFFIC RULES OFFICE OF THE TRAFFIC ENGINEER In lieu of the provisions of Section 23-8 of Article XXIII of the Model Traffic Code the following provision is hereby adopted: (a) The off ice of the Traffic Engineer is hereby established. The Traffic Engineer shall be appointed by the City Manager of this Municipality and shall exercise the powers and duties provided in this code. (b) In the absence of such appointment or at such times as the Traffic Engineer may be absent from the Municipality or unable to perform his duties, the said duties shall be vested in the Chief of Police or other Municipal officials as determined and authorized by the City Manager. • -2- • 1 . , • • • 14-2-2: RESTRICTIONS ON SPECIAL MOBILE EQUIPMENT, TRAILERS, TRUCKS AND COMMERCIAL VEHICLES (a) It shall be unlawful for the operator or owner of an automobile transport trailer, moving van, transit-mix-concrete truck, trailer, semitrailer or truck with manufacturer's rated capacity in excess of one and one-half (1-1/2) tons or special mobile equipment to stop, stand or park such vehicle or to cause such vehicle to be stopped, stood or parked on any street or high- way, alley or other public way within the city for a period in excess of (4) hours at any time, except when such vehicle is being expedi- tiously loaded or unloaded or such mobile equip- ment is being used to perform the special opera- tions for which it was designed. (b) Tank trucks, tank trailers or tank semitrailers shall not park upon the streets, alleys or public or private places within the city except when entirely empty and then only for a period not exceeding one (1) hour. No tanks of such vehicles shall be repaired except when completely empty of flammable liquids and only after being thoroughly steamed or washed to remove all ex- plosive vapors. No tank truck, tank semitrailer or tank trailer used for transporting liquefied petroleum or gas, whether loaded or empty, shall be parked or allowed to remain upon the streets, alleys or other public property or upon any private pr~perty within the city, except when actually engaged in filling storage tanks or while under repair. (c) It shall be unlawful for the operator or owner of any automobile, bus, transport, trailer, moving van, transit-mix concrete truck, trailer semitrailer, truck trailer or truck whose manu- facturer's rated capacity is in excess of three- fourths (3/4) ton or special mobile equipment, as defined herein, to stop, stand or park such vehicle or to cause such vehicle to be stopped, stood or parked in any residentially zoned area of the city and on any street adjacent to said residentially zoned area of said city at any time, except when such vehicle is being expeditiously loaded or unloaded or such mobile equipment is being used to perform the special operation for which it was designed, on any street or highway, alley or other public way within the City of Englewood. -3- . ) .I • (d) The term or phrase "special mobile equipment" shall, for the purpose of this chapter, mean and consist of vehicles, self-propelled or otherwise, de- signed primarily for operation or use on or off the streets and highways and only incidentally used or moved upon such streets or highways. This definition shall include by way of example, but not by way of limitation, snowplows, road- construction or maintenance equipment, ditch- digging or excavating apparatus, well-drilling or boring equipment, fire-fighting equipment and vehicles designed to transport equipment and vehicles used in connection with or for the repair and maintenance of construction or maintenance equipment temporarily or permanently mounted on such vehicles, provided that such equipment is transported from yard to job, job to job, or job to yard, and equipment primarily designed for hoisting, lifting, moving, loading or digging operations. The foregoing definition is partial and shall not include other vehicles of unusual design, size or shape that are designed primarily for purposes other than transporting merchandise or passengers. 14-2-3: MOTOR VEHICLE NOISE (a) It shall be .unlawful for any person to drive or move, or fo~ the owenr to cause or knowingly permit to be driven or moved, within this municipality, any motor vehicle which emits a sound pressure level in excess of the dB(A) as hereinafter established. MAXIMUM PERMISSIBLE SOUND PRESSURE LEVELS Vehicle Class Any vehicle greater than 10,000 lbs., manufacturer's gross vehicle weight Any other motor vehicles dB(A) at 25 ft. 88 80 (b) Noise from a motor vehicle within the public right-of-way shall be measured at a distance at least twenty-five (25) feet from the nearest side of the nearest traffic lane being monitored and at a height of at least four (4) feet above the inunediate surrounding surface • -4- • • • • 14-2-4: MUFFLERS: PREVENTION OF NOISE 14-2-5: It shall be unlawful for any person to operate, or for the ower to cause or knowingly permit the opera- tion of, any vehicle or combination of vehicles within this municipality, which vehicle is not equipped with an adequate muffler in constant opera- tion and properly maintained to prevent any un- necessary noise, and no such muffler or exhaust system shall be modified or used with a cutoff, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by a muffler of the type originally installed on the vehicle. NOISE LEVELS It shall be unlawful for any person to drive or move, or for the owner to cause knowingly permit the operation of, any motor vehicle having a manufacturer's gross vehicle rating of less than ten thousand (10,000) pounds, except a motorcycle, within this municipality, which vehicle exceeds ninety-five (95) dB(A} measured not less than twenty (20) inches [five hundred eight (508) millimeters] from the exhaust outlet. The measured exhaust system sound level of a stationary vehicle shall be the highest reading .obtained during the test, disregarding unrelated peaks due to extrane- ous ambient noise. When there is more than one (1) ex- haust outlet extending from a single muffler, separated by less than twelve (12) inches [three hundred (305) millimeters], measurements shall not be made on the outlet furthest from the side of the vehicle. Section 3. That Chapter 3, Title XIV, of the 1969 Englewood Municipal Code is hereby repealed and readopted with amend- ments as follows: 14-3-1: CHAPTER 3 APPLICATION, INTERPRETATION, VALIDITY AND PENALTIES APPLICATION This Ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way, or public place, or public parking area, either within or outside the corporate limits of . this municipality, the use of which this municipality~ has jurisdiction and authority to regulate. The provi- sions of sections 5-1, 5-2, 5-12, 21-11 and 23-3 of the adopted Model Traffic Code respectively, concerning wreckless driving, careless driving, unauthorized devices, eluding police, and accident investigation shall apply not only to public places and way but also throughout this municipality. •• ·. . . • • • 14-3-2: INTERPRETATION 14-3-3 14-3-4 This Ordinance shall be so interpreted and construed as to effectuate its general purpose to conform with the State's uniform system for the regulation of vehicles and traffic. Article and section headings of the ordinance are adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any matter effect the scope, meaning, or extent of the provisions of any article or section thereof. VALIDITY If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not effect the validity of the reMaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance or each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. PENALTIES The following penalties, herewith set forth in full, shall apply to this ordinance: (a) It is unlawful for any person to violate any of the provisions stated or adopted in this ordinance. (b) Every person convicted of a violation of any provision stated or adopted in this ordinance shall be punished by a fine not exceeding three hundred ($300.00) dollars, or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. Section 4. Chapters 4, 5, and 6 of Title XIV of the 1969 Englewood Municipal Code are hereby expressly repealed. Intro u , r e d i n full and passed on First Reading on the 5th d y of ~S_e~p_t_e_mb~e_r~~~-' 1978. Published as a Bill for an Ordinance on the 6th day of September, 1978. Read by title and passed on final reading on the 2nd day of October , 1978 . " " . I Published by title as Ordinance No. 24 --- Series of 1978, on the 4th day of October , 1978. Mayor Pro Tem ATTEST: I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title, as Ordinance No. ~-' Series of 1978.