HomeMy WebLinkAbout1967 Ordinance No. 001I
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Introduced by councilllan Rice.
BY AUTllORXTY
ORDDIAllCB BO. 1, SBIUBS OP 1967
All OIU>DAEB RBPBALDIG CllAPl'BR 25 OP '1'BB JIUllICIPAL CODE OP THE CITY OF
B8GLBWOOD COLORADO AllD ADOP'l'IllG, BY RBPBRBBCB, TBB RBVISBD MODEL TRAFFIC
com IOR COLORADO JIUllICIPALITIBS . 1966, AS ADOPTBD BY TBB COLORADO HIGHWAY
COU9CIL . WIS CBil'f'AD DBLBTIOBS AllD AMmuwmtS 'l'llBRBiO, '1'0 PROVZDB A COMPLETE
AID) • I .. -~:I.• SIVB 'l'RAPPIC CODB 1'0R '1'llB CITY OP DGLBllOOD, 'l'OGl5TBBR WITH THE
Pm>VISIOR IOR 'ftlB ADMDTIS'l'RATIOB AllD •IO~ 'ftlBRBOP.
• IT ORDADDD BY TBB COUllCIL OP '1'llB CITY OP BRGLBttOOD, COmtTY OF
AMPAmB, STAB OP COLORAD01
S!ction l. Chapter 25 of th• Municipal Cod• of the City of Englewood is
hereby repealed and r-•nacted with -ndment• to read a• follows:
•CJIAPl'BR 25 'l'RAPPIC AllD ·llO'l'OR VBllICLBS•
I 25.1 Adoption of Model Traffic Cod• for Colorado Municipalities, 1966.
(a) Purauant to th• proviaion• of Article v, I 44 of the Charter of the
City of Bnglewood and Chapter 139, Article 34, Colorado Revised Statutes, 1963,
there i• hereby adopted a• a part of Chapter 25 of the Municipal Code of the
City of Bnglewood, with the amne force and effect: a• though the same were ••t
forth in full herein, that certain code known a• the •Jlodel Traffic Code for
colorf': Kuniciy:liti••· 1966•, (hereinafter referred to a• •iOdei Traffic
COde• aa offlc ally al)provid, adopted and publiahed by the Colorado Highway
Safety Council, by Reaolution thereof dated Pebruary 17, 1966, except the
following article• and aection• thereof, which are declared to be inapplicable
to thi• •unici~ality and are hereby expre••ly deleted1
(1) section 2-1 of Article II thereof r
(2) Section• 4-1. 4-2, 4-3, 4-5, and 4-7 of Article IV thereof:
(3) Section 6-6 of Article VI thereof r
(4) section 10-1 of Article x thereof r
(5) section 17-9 of Article XVII thereofr
16) All of Article• XXII, XXIII, XXIV, XXVI, XXVII and XXVIII thereof.
(b) Whenever any proviaion of the Model Traffic Code makes reference
to my of the proviaion• thereof appearing in thoae portions of the Model
Traffic Code Ht forth in aubaection (a) (1) through (6), the same shall be
taken to refer to the aubatituted proviaion• therefor, if any, contained
within thi• Chapter 25.
I 25.1-l Clerk to ltMp copiea of Model Traffic Code.
t'he City Clerk-Treaaurer of the City of Bnglewood •hall, at all times
after the introduction of thi• Ordinance, aaintain on file in his office not
l••• than thr.. (3) copi•• of thi• Ordinance and thr.. (3) copies of the Model
Traffic Code, referred to in 125.1. At all ti.lie• after the effective date of
thi• Ordinance, the City Clerk-Treaaurer •hall .. intain a reaaonable supply of
copi•• of thi• Ordinance and of the aaid Model Traffic Code, which copies shall
be available for purcha•• by the public at a price not to exceed one cent ($.01)
per page of text: plu• a handling charCJe of ten cent• ($.10) per copy.
125.2 Modification• to Model Traffic Code'• Traffic Rules.
I 25.2~1 'fhrouqh Str .. t• De•ignated and 1Dtrancea '!'hereto Controlled.
In lieu of the proviaiona of Section 2-1 of Article II of the Model Traffic
code . the following proviaiona are hereby adopted1
s (a) 'l'ho .. atr .. t:• and part:• of atr .. ta, deaignated purauant to• 25.3-8
hereof to be through atr .. ta, and deacribed in the traffic control schedules
a• provided in I 25.3-11, are hereby declared to be through atreets.
(b) Whenever a through •treet i• de•iCJllated and deacribed as provided in
thi• Chapter, it •hall be the duty of the PlanniftCJ and Traffic Director, or
other officia1 veated with reaponaibility for traffic control, to place and
•aintain a atop •ign or yield •ivn a• declared in th• State Traffic control
llanual on each and every atreet interaectin9 auch through atreet, unless
traffic at any auch interaection i• controlled at all time• by traffic-control
•ignal•r provided, however, that at the interaection of two auch through streets
or at the interaection of a through atr .. t and a heavy traffic street not des-
ignated a• a through atreet, atop aigna ahall be erected at the approaches of
either of •aid atr .. t• a• detenained to be appropriated by the Planning and
Traffic Director.
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I 25.2-2 Stat• Sp!!d Law• Applicable.
In lieu of the provi•ion• of Section 4-1 of the Model Traffic Code, the
following provi•ion• are hereby adopted1
Sub1ect to the provi•ion• of I 25.2-3 and 25.2-4, the lawa of the State of
Colorado, a• they may now exi•t or a• they hereinafter be enacted or amended,
which regulate the •peed of vehicle•, •hall be applicable upon all streets with-
in thia •unicipality. Unl••• the prima facie •peed limit• contained within said
law• are altered in accordance with I 25.3-8 and official •ign• are in place
giving notice thereof, and except when a •pecial hazard exi•t• within the mean-
ing of section 4-4 of the Model Traffic Code, the ba•ic •peed limits in this
11UDicipality •hall be 25 mile• per hour in any bu•in••• di•trict and 30 miles
per hour in any re•idence di•trict. It •hall be unlawful to exceed the afore-
•aid ba•ic •peed lillit• or any ahered •peed liait•, a• provided in I 25.2-3,
when •aid altered •peed limit• are properly po•ted.
I 25.2-3 Altering aa•ic Speed Liait•.
In lieu of the provi•ion• of Section• 4-2 and 4-3 of the Model Traffic
Code, the following provi•ion• are hereby adopted1
Whenever the Planning and Traffic Director, or •uch other official
ve•ted with thl reapon•ibility, •hall determine, in accordance with the
provi•ion• of 25.3-8, that the ba•ic •peed limit• ••tabli•hed in I 25.2-2
hereof are greater than, or l••• than, the •peed at which vehicles may move
in a reaaonable and •afe manner at any inter•ection or approach thereto in
thi• municipality, the Planning and Traffic Director, or •uch other official,
ahall either increa•e or deer•••• the said ba•ic •peed limit, at auch inter-
8eetion• or approach•• thereto, •hall record the .... in the manner provided
in I 25.3-11 hereof and •hall cau•e official notice of •uch increased or de-
crea8ed speed liait• to be po•tedr provided, however, that upon any street
which i• a part of the State Highway Sy•t-, any increa•e or decrease of the
baaic speed lillita ahall be aubject to approval of the State Department of
Highway•. Such altered •peed liait• •hall be effective upon the posting of
official aign• giving notice thereof.
I 25.2-4 llinillum Speed R!gUlation.
In lieu of the provi•iona of Section 4-5 of the Model Traffic Code, the
following proviaion• are hereby adopted1
(a) Bo peraon 8hall drive a motor vehicle on any •treet at such a slow
apeed aa to illpede or block the normal and reaaonable forward movement of
traffic, except when a reduced •peed shall be nece••ary for safe operation
of •uch vehicle or in ccmpliance with law.
(b) Whenever the Planning and Traffic Director, or auch other official
veated with the authority, determine•, pur•uant to the proviaiona of I 25.3-8
hereof, that alow •peed• upon certain •treet• con•i•tently impede the normal
and reaaonable 90V ... nt of traffic upon •uch atr .. t•, and aaid Planning and
Traffic Director, or other authorized official, •hall ••tabliah minimwn speed
lillita upon auch atr .. ta, ahall record •uch ainimum apeed limits in the
•anner provided in I 25.3-11 hereof and ahall erect official •igns giving
notice thereof r provided, however, that the eatablialment of •uch minimum
apeed lillita on any atr .. t or expreaavay which i• a part of the State Highway
Sy•t-•hall be •ubject to the approval of the State Department of Highways.
Such ainiaum apeed limit• •hall be effective upon th• po•tin9 of official
aign• giving notice thereof, and, thereafter, it •hall be unlawful to drive
any vehicle at a •peed •lower than •uch poated aini.Jlum •peed limits.
I 25.2-5 Liaitation• on Turning Around.
In lieu of the proviaion• of Section 6-6 of the Model Traffic Code, the
following proviaion• are adopted1
Bo driver of any vehicle ahall turn •uch vehicle ao a• to proceed in the
ft--n--.-~aite direction upon any atr .. t.
I 25.2-6 Method of Parking at curb•.
(a) In lieu of the provi•ion• of Pection 10-1 of the Model Traffic Code,
the oroviaion• of that ordinance adopted by a vote of the people on the 13th
day of S.ptmber . 1966 . ahall apply, which proviaiona read a• follows:
Bxcept where parking i• prohibited, and except where the Planning and
Tr affic Director ha• otherwi•• •pacifically ••tabliahed an angle parking zone,
purauant to the proviaiona of I 25.3-8, or any .. endllent thereto, every vehicle
•topped or parked upon any •treet within the City of Bnglewood, having an
adjacent curb, ahall be •topped or parked in the following manner:
(1) Upon all atr .. t•, except atreet• deaignated a• one-way streets, each
vehicle ahall be •topped or parked ao that both right-hand wheels of such
vehicle •hall be no more than twelve (12) inch•• fraa the right-hand adjacent
curb.
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(2) Upon all atr .. t• de•iCJDated aa one-way atreeta, each vehicle shall be
•topped or parked ao that th• front of auch vehicle f acea in the direction des-
ignated and in auch a aanner ao that both it• right-hand wheels are not more than
twelve (12) inchea fra11 the adjacent right-hand curb, or ao that both its left-
hand wb .. l~ are not 110r• than twelve (12) inch•• froa the adjacent left-hand curb.
(b) Any peraon violating the above proviaiona ahall be deemed to be quilty
of a violation of I 25.2-6 of the Municipal Code of the City of Enqlewood,
Colorado, and any citation iaaued for auch violation ahall be sufficient if it
refer• to aaid aection, rather than to the ordinance originally adopted as set
forth above.
I 25.3 Traffic Adainiatration.
In lieu of the proviaiona of Article XXIII of the Model Traffic Code, the
following proviaiona are hereby adopteds
I 25.3-1 Traffic pgti•• of Police D•Dtrt!19!t.
It ahall be the duty of the: -ehief of Police and other aember• of the Police
Departllent to enforce the proviaiona of thi• Ordinance and the State vehicle
lava applicable to traffic in thia aunicipality, to aak• arrests for traffic
violation•, to inveatigate traffic accident•, to cooperate with the Planninq
and Traffic Director and other official• of thia 11Unicipality in the adminis-
tration of thia Traffic Ordinance and in developing way• and aean• to improve
traffic condition•, and to carry out thoae duti•• apecially iaposed by this
Chapter 25.
I 25.3-2 R!cord• of Traffic Violation•.
(a) 'l'h• Police Department •hall keep a record of all violations of the
traffic ordinance• of thi• aunicipality or of the State vehicle laws of which
any ~raon ha• been charqed, toqether with a record of the final disposition
of all auch alleqed offenaea.
(b) Said record ahall be ao aaintained aa to ahow all types of violations
and the total of each •hall accuaulate during at leaat a three-year period and,
fra11 that till• on, th• record •hall be aaintained cc:mplete for at least the
110at recent thr .. -year period. All auch record• •hall be public records.
I 25.3-3 Inveatigation of Traffic Accident•.
It •hall be the duty of the Police Departaent to inveatigate traffic
accident• occurring within thi• municipality either by inveatiqation at the
ti.lie of, or at the acene of, the accident or thereafter by interviewing part-
icipant• or witn•••••, to iaaue ammnon•e• for traffic violations in connection
with traffic accident•, and to aaaiat in the proaecution of those persons
charged with violation• of law or ordinance.
I 25.3-4 Traffic Accident Studiea.
Whenever the accident• at any particular location or along any particular
atr .. t or highway within thi• municipality became numeroua, the Police Depart-
.. nt ahall cooperate with the Planning and Traffic Director, or other designated
official reaponaible therefor, in conductin9 atudiea of auch accidents and
detenaining remedial or corrective aeaaurea.
I 25.3-5 Traffic Accident Report•.
(a) 'l'he Police DepartlDent shall obtain fraa the State Department of Revenue
atandard fora• for accident reports required by State law, and thereon shall
report aufficiently detailed information to diaclo•• with reference to a traffic
accident, which ha• been inveatigated by said police or concerning which said
police have received notification, the contributing circuaatances, conditions
then exiating, and the peraona and vehicle• involved.
(b) Bvery traffic accident report required to be made in writing shall
be llad• on a fona approved and furniahed by the aaid Department of Revenue.
(c) 'l'he Police Departaent ahall aai'ntain a auitable ayatem of filing
copiea of inveatigator•' traffic accident report• with reference to drivers
and accident location• and •hall aalte auch report• available to the Planning
and Tr affic Director and other official• having uae of the records for accident
prevention purpoaea.
I 25.3-6 Driver•' Record• to be Maintained and Studied.
(a) '!he Police Department •hall aaintain a auitable record of al·l Traffic
accident•, warning•, arreata, convicationa and caaplaint• reported for each
driver , which •hall be filed alphabetically under the naae of the driver
concerned.
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(b) Said departllent ahall atudy the ca••• of all th• drivers charqed with
frequent or aerioua violation• of the traffic law• or involved in frequent
accident• or any .. rioua accident, ahall attempt to diacover the reasons there-
for . and ahall take whatever atepa are lawful and rea80nable to prevent further
violation• and accident•, includinq, where deairable, recC111Dendations to the
proper authoritiea for the auapenaion or revocation of the drivers' licenses
of auch peraona.
(c) Such record• ahall accuaulate during at leaat a three-year period
and f ro11 that ti.lie on auch record• ahall be aaintained caaplete for at least
the 110at recent thr--year period.
I 25.3-7 Annual Traffic-Safety Report.
'l'h• Police Department ahall annually prepare a traffic report which
ahall be filed with the City Manager and which •hall contain information on
traffic aattera in thia municipality aa followas
(a) 'l'h• finance•, peraonnel, traininq, faciliti~a and physical plant of
the departllentr
(b) '!'he number of traffic accident•, the nUllber of peraons killed, the
number of per80n• injured and other pertinent. traffic accident data:
(c) 'the nUllber of traffic accident• inveatigated and other pertinent
data on the aafety activitiea of the policer ·
(d) 'l'h• nUllber and type• of traffic violation• and totals of each type
of violationr
(e) 'fhe plan• and recC111Dendationa of the department for future traffic
aafety activitiea.
I 25.3-8 Dutiea and Power• of Traffic Director or other Designated
Traffic Official.
(a) It ahall be th• general duty of the Planning and Traffic Department,
unde~ the direction of the Planning and Traffic Director, or such other official
aa the City Manager of the-city of Englewood aay, from tilDe to time, specifically
veat with auch reaponaibility and authority, to deteraine the necessity for, the
location of, and the proper inatallation, tiaing and maintenance of official
traffic control devicea, to conduct analy••• of traffic accident• and to
devi .. r .. edial or corrective .. aaurea, to conduct inveatigation of traffic
condition•, to plan the operation of traffic on the atr .. ta and hiqhways of
thia aunicipality. and to cooperate with other aunicipal official• in the
development of waya and .. ana to illprove traffic condtiona, and to carry out
auch ..sditional DOWera and duti•• aa are illpoaed by thia Chapter.
(b) 'l'h• Planning and Traffic Director, or auch other official, in order
to fulfill th• duti•• ••t forth in aubaection (a) hereof, i• hereby vested
with auch power, authority and juriadiction a• aay be neceaaary or desirable
to carry out the aforeaaid duti••· By way of exaaple, and not by way of
lillitation, the Planning and Traffic Director aay, when he determines, based
upon enqin .. rinq and traffic inveatiqationa, that the .... ia necessary,
engage in any of the act• hereinafter enumeratedr provided that the enqineerinq
and traffic inveatigationa herein referred to •hall be a• deacribed in the
State Traffic Control Manual, where the .... contain• a deacription of the
inveatigation• to be conducted to determine the neceaaity of any of the follow-
ing acta, and, where no auch deacription i• contained in •aid Manual, then,
aaid inveatigationa ahall be conducted in accord with qenerally accepted
traffic planniDCJ principl••t ·
(1) Inatall, maintain and r..ove traffic control devicear
(2) Deaignat• and place lledian• and traffic ialand•r
(3) Alter th• baaic apeed limit• and eatabliah minimum speed limits
in tho .. inatancea, and aubject to the .... conditions, as state
law authorize• any local authority to do 80r
(4) Regulate apeed and traffic moveaent by traffic aiqnals:
(5) Deaiqnate one-way atr .. ta and roadwayar
(6) Deaignate through atr .. t• or roadway• and control entrances thereto:
(7) Deaiqnat• atop or yi•ld interaectiona and erect atop or yield siqns
thereatr
(8) Batabliah reatrictiona, prohibition• and requlations for the parkinq,
atanding or •topping of vehicl••r
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(9) Deaignate apecial parking zonea for taxicab•, buaes, press, television
and radio cara, and other aiailar vehicl••r
(10) Deaignate parking aeter zone• and eatabliah time limitations thereon:
(11) Batabliah tow-away zon••r
(12) Deaignat• upon what atr .. ta, if any, angle parkinq shall be permitteds
(13) Deaignat• and aign interaectiona at which driver• shall not make a
right or left turn, or any turn, at all till•• or during certain times:
(14) Deaignat• and aign interaectiona where aultiple turns shall be allowe•:
(15) Mark centerline• and lane line• and place other pavement markinqs
neceaaary for the regulation and control of trafficr
(16) Bnatall and aaintain croaawalk• at intersection• or other places where
there i• particular danqer to feOeatrian• croaainq the roadway}
(17) Batabliah aafety zone• at auch place• where neceaaary for pedestrian
protection,
(18) Inatall pedeatrian-control signal• and deaignate those crossinqs where
angle croaaing •hall be permitted by pedeatrianar
(19) Batabliah play atr .. t•r
(20) Batabliah truck route•r
(21) Batabliah loadinq zonear
(22) Deaignat• and aign thoae atreeta and roadway• where pedestrians,
bicycliata or other non-motorized traffic, or persons operatinq
a 110tor-driven cycle ahall be exC:ludedr
(23) Deaignate and aiqn tho .. atr .. t• upon which vehicles or loads of a
certain weight ahall be prohibitedr
(24) Provide for t1aporary atreet or alley cloaur•• by the erection of
barricad••r
(25) Iaaue ~ial peraita for curb loading operations, the movement of
vehicle• having exc••• aize or weight, and other similar acts.
(c) Whenever any atatute of the State of Colorado aa it presently exists,.
or aa it .. Y hereafter be enacted or -nded, confer• upon this City the riqht
or authority to alter the application of any atat• traffic regulation within
th• boundari•• of thia City, upon a finding of a neceaaity therefor, the Plann-
ing and Traffic Director, or auch other official aa .. Y be deaiqnated, shall
undertake any inveatigation required by 8UCh atatute and •hall alter any such
regulation, where auch alteration ia detemined to be neceaaary.
I 25.3-9 piviaion of Authority over Str!!t• lbich A£• State Highways.
(a) All traffic and parking reatrictiona on atr .. t• which are a part of
the State Highway Syat .. ahall be regulated and enforced by this municipality,
except, that purauant to Chapter 13, Article 5 and ehapter 120, Article 13 of
C.R.S. 1963, aa ... nded, auch regulation• on aaid atr .. ta shall be subject to
th• approval of th• State Department of Bi4Jhwaya before becaninq effective.
(b) llo atop aign or traffic control aignal ahall be erected or maintained
at any location within thia aunicipality ao aa to require the traffic on any
State highway to atop before entering or croaaing any interaectinq hiqhway un-1••• approval in writing haa firat b .. n obtained frcm the State Department of
Bigbwaya.
(c) 'l'h• Planning and Traffic Director, or other official vested with the
re8')0naibility, ia authorized to accept, upon the baiaia of enqineerinq and
traffic inveatigationa and atudiea, recOliilendation• of the State Department 1of
Highway• for •peed liaita upon any State highway or Pederal-Aid roadway within
thia aunicipality, and auch apeed liaita ahall be effective when appropriate
aigna giving notice thereof are erected along aaid highways or roadways, re-
gardl••• of whether aaid aigna are placed by the State Department of Biqhways
or by the traffic authority of thia municipality.
I 25.3-10 ConfOE!!!ftC• to Uniform Standarfa.
Xt ahall be the duty of the Planning and Traffic Director, or other official
charged with the reaponaibility, in thia municipality to ••• that all traffic
control device• required hereunder are unifona aa to type and location and con-
fona aa clo .. ly aa pr.cticabl• to the State Traffic Control Manual and to the
apecificationa of lateat iaaue, aa approved and adopted by the State Department
of Bighwaya.
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I 25.3-11 Officia1 Traffic control Record•.
(a) 'fhe Planning and Traffic DiZ9Ctor or other official vested with
r•8POft•ibility for traffic control in thi• llWlicipality •hall cause records to
be kept of all the •tr .. t• or part• of •tr .. t• where traffic requlations have
been ldoptecl and the •tr .. t• or part• thereof have b .. n •ignposted pursuant to
the provl•lon• of I 25.3-8, a• well a• record• 8howing the approval of the
State Bifhway Departllent of all regulation• required to be approved by that
department.
(b) laid record• •hall include schedule• 8howing those streets, and parts
of •treet•, which or upon which, the Planning and Traffic Director, or other
authorised official, ha•, pur•uant to the authority granted by I 25.3-8 he~eof:
(1) De•lCJftated, a• through •treet•r
(2) Altered the ba•ic •peed limiter
(3) B•tabli8hecl ainimum •peed liait•r
(4) B•tabli•hed one-way streetsr
(5) Excluded pede•trians, bicycle• and other nonaotorized traffic:
(6) Excluded truck• or other cwwwercial vehicl••r
(7) Prohibited or re•tricted •topping, •tanding or parking·:
(I) B•tabli•hed parking meter zon••r
(I) lllpo..t weight limitation•.
,o) A copy of •aid record• •hall be •aintained on file with the City
Cl•~-t'reaeurer, 8hall be open to public in•pection during business hours and
oopl•• thereof 8hall be made available to court• and other concerned aqencies
and official• reque•ting the aame.
I 25.4 Ptrti•• and Procedure on Arr••t.
In lieu of the provi•ions of Article XXII of the Model Traffic Code, the
following provi•ions are hereby adopted:
I 25.4-1 Partie•.
Bvery peraon who cOlllllits, attempts to ccmnit, con•pires to commit, or
adi• or abet• in the ccmnis•ion of, any act declared herein to be in violation
of thi• ch•pt•r, or declared to be unlawful, whether individually or in conn-
ection with one or more other per•on• or a• a principal, agent, or accessory,
ahall be guilty of •uch offen•e, and every permon who fal•ely, fraudulently,
forcibly, or wilfully inducea, cause•, coerce•, require•, permits, or directs
another to violate any provi•ion of this Chapter •hall likewise be quilty of
•uch offen... ·
I 25.4-2 Offen••• by Permon• OWning or Controlling Vehicles.
Reither the owner, or any peraon employing or otherwiae directinq the
dri·1er . of any vehicle, •hall require or knowingly permit the operation of such
~ehicl• upon the atr .. t•, highway•, alley•, or other public ways of this City
in any 11anner contrary to law.
I 25.4-3 PoDl8 and llotic•• of Citation•. Arr••t or Appearance.
'lhe City •hall provide in triplicate, or in quadruplicate, suitable serially
nUllbered fona• for notifying alleged violator• to appear and an.wer to charqes
of viblating traffic ordinance•. Such foi.• 8hall be i••ued to and receipted
for by th• Chief of Police or other per80D• acting for him. The Clerk of the
Municipal Court ahall each month report to th• Municipal Judge the dispo•ion •ad• by the police of all •uch triplicate or quadruplicate forms issued to
th... Por thi• purpoae, the Clerk of the Municipal Court or his representative
ahall have ace••• to the nec•••ary record• of the Police Department and the
Traffic Violation• Bureau. Th••• report• •hall be public records.
I 25.4-4 Proc:edure Upon Arr••t.
(a) In every ca•• of arre•t for a violation of Section 5-1 of the Model
Traffic Code, •aeckl••• Driving,• or where it appear• doubtful whether the
violator will appear pur•uant to a written citation or notice, the violator
•hall be kept in cu•tody, and in every other ca•• of arre•t, where the vio-
lation i• wilful, wanton and deliberate, the violator may be kept in custody
by the Police Departllent, unl••• lawfully relea8ed on bond, until trial, or
until he ahall have ccaplied with the penalty impo•ed by the court, as the
ca• .. Y be. · I
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(b) Bxcept when directed by thia Chapter to k .. p a person arrested for a
''iolation of any of i ta proviaiona or where any lawful bail is required, any
police officer, upon making an arreat for a violation of this Chapter, shall
take the n ... , ..Sdr••• and operator'• licenae number of the alleged violator
and the regiatration number of the vehicle involved, and ahall issue to him in
writing on the for11 provided by the Clerk of the Municipal court, a citation
or notice to anawer to the charge againat hi.a at a place and at a time at
leaat five (5) day• after auch arreat, unl••• the peraon arrested shall demand
an earlier hearing, to be apecified in the notice. 'l'he officer, upon receiving
the written prGlli .. of the alleged violator to anawer aa apecified in the
citation or notice, ahall relea .. auch peraon frcaa cuatody.
(c) '1'he pl.a• apecified in aaid notice to appear muat be before a
Municipal Judge within the City. ·
(d) 'fh• peraon arreated, in order to aecure releaae aa provided in this
aection, •u•t give hi• written prcaaiae to appear in court, by siqning in
triplicate or in quadruplicate the written citation or notice to appear pre-
pared by the arreating officer.
I 25.4-5 Pailure to Ob!Y Rotic• or SUlllOna.
(a) 'l'h• violation of a written prcaaiae to appear, given to an officer
upon arreat or iaauance of a traffic citation for any traffic violation, shall
conatitute a violation of thia Chapter, regardl••• of the diaposition of the
original charge, provided that a written prc:mi•• to appear may be canplied
with by an appearance by counael.
(b) 'l'h• foregoing proviaiona of thi• Chapter ahall govern all police
officer• in •aking arreata without a warrant for offen••• cC111Ditted in their
~r•••nc•, but the procedure prescribed herein ahall not otherwise be exclusive
of any other .. thod prescribed by law for th• arreat and prosecution of a
peraon for an offenae of like grade.
I 25.4-6 19tic• on Illegally-Parked Vehicle.
Whenever any 110tor vehicle without driver ia found parked, stopped or
atanding in violation of any of the reatrictiona illpoaed by any ordinance of
thia City, the officer finding auch vehicle ahall take it• registration
nUllber, and •ay take any other information diaplayed on the vehicle which may
identify it• u .. r, and ahall conapicueualy affix to such vehicle a traffic
citation or notice in writing, on a fona provided by the Clerk of the Municipal
court for the driver to anawer the charge llCJainat him within aeven (7) days,
during the hour• and at a place apecified in th• notice. 'l'h• officer shall
Hnd one (1) copy of auch notice to the Police Departaent, and (1) copy to the
Clerk of the Municipal Court.
I 25.4-7 Pailure to C911ply with Botice Attached to Parked Vehicle.
If a violator of the reatrictiona on atopping, atanding or parking under
thia Chapter doe• not appear in reapon•• to a notice or citation affixed to
auch 110tor vehicle within a period of aeven (7) daya, the Violations Bureau
ahall Hnd the owner of the 110tor vehicle to which the notice of citation was
affixed, a letter informing him of the violation, and warning him that in the
event that auch letter ia diaregarded for a period of five (5) days, a warrant
of arreat will be iaaued.
I 25.4-8 Pr••!llll)tion in Reference to Illtgal Parking, Operating, Stopping, Etc.
(a) In a proaecution charging a violation of any ordinance governing the
•topping, atanding, parking or operating of a vehicle, proof that the particular
vehicle described in the complaint waa parked or operated in violation o~ any
auch ordinance or regulation, together with proof that the defendant named
in the caaplaint waa at the time of auch parking or operating the registered
owner of auch vehicle, •hall conatitute in evidence a priaa facie presumption
that the regiatered owner of th• vehicle waa the peraon who •topped, stood or
parked, or operated auch vehicle at the point where, and for the time during
which. auch violation occured.
(b) Th• foregoing atated prea1111ption ahall apply only when the procedure
aa prescribed in I 25.4-6 and I 25.4-7 ha• been followed.
I 25.4-9 When Warrant ia to be Iaaued.
In the event that any peraon fail• to ca.ply with a notice given to such
peraon or attached to a vehicle, or fail• to llak• appearance pursuant to a
8° on• directing an appearance in the Municipal Court or the Violations Bureau,
or if any peraon fail• or r•fu••• to depoait bail aa required and within th~
time penaitted by ordinance, the Clerk of the Violation• Bureau shall forth-
with a.cure and have .. rved a warrant for hi• arreat.
I 25.4-10 piapoaition of Traffic Pin•• an4 Porfeiturea.
All fine• and forfeiture• collected upon a finding of violation of ordinance,
or upon the forfeiture of bail of any peraon charged with violation of any. of
the proviaiona of thi• Chapter, •hall be paid into the City treaaury and deposited
in the general fund.
36
I 25.4-11 Official Miaconduct.
Failure, refuaal, or neglect on the part of any judicial or other officer
or .. ploy .. receiving or having cuatody of any auch fine or forfeiture, either
before or after a depoait in •aid fund, to ccaply with the provisions of
I 25.4-11, ahall conatitute miaconduct in office and •hall -be grounds for re-
110val therefraa • .
I 25.5 Authority to Iapound Vehicl••·
I 25.5-1 Parking or Abandonment of Vehicle• on Highways.
'fh• Police Departaent of the City of Bnglewood i• hereby authorized to
enforce, either individually or in conjunction with an officer of the Colorado
State Patrol or of th• Sheriff'• Office of the County of Arapahoe, the provisions
of 1963 c.R.S. 13-5-71, a• ... nded, and 1963 c.a.s. 13-5-72, as amended, inso-
far a• th• .... i• applicable to atat• highway•, atate highway right-of-way or
privately-owned property within the City of BncJl.wood.
I 25.5-2 Parking or Abando1111ent of Vehicle• UDon th• Streets, Alleys or
Property of th• city o~BngieWOOd.
llO peraon •hall abandon any vehicle upon the atr .. t• or alleys of the City
of Engl.wood, or upon any property of •aid City, or upon property other than
hi• own without the con•ent of the owner thereof. Any vehicle ao left on pri-
vately owned property for a period longer than .. venty-two (72) hours shall be
pre8Ulled to be abandoned, unle•• the prior arrang ... nt• with the owner of said
property have been aade. Any vehicle left unattended within any portion of
the •treet• or alley• of the City of Bnqlewood or any property of said City
for a period of twenty-four (24) hour• or aore •hall be pre•umed abandoned,
unl••• the owner or operator thereof •hall have conapicuoualy affixed thereto
infonaation indicating hi• intention to return or •hall have otherwise noti-
fied the police of hi• intention to aove .....
In the e ,•ent of abandon11ent on private property or property of the City
of Bnglewood, either the owner of auch property or ...-repreaentative of the
City •hall notify th• Police Departaent of the City of Bnglewood and the
ordinance• of the City of Bnglewood, or, where applicable, the provisions of
1963 C.R.S. 13-5-72, aa ... nded, ahall apply to th• re110val and disposition
of auch abandoned vehicle.
I 25.5-3 R..oval and Di•po•al of Stopped or Abandoned Vehicles.
(a) Whenever any police officer find• a vehicle attended or unattended,
atmiding upon any portion of the atr .. t• or alley• of the City of Englewood,
in auch a .. nner a• to conatitute an obatruction to traffic or proper main-
tenance, auch officer i• authorized to cauae aaid vehicle to be moved to
elillinat• any auch obatruction and neither the officer, nor anyone operating
under hi• direction, •hall be liable for any d .. age to auch vehicle occasioned
by auch removal.
(b) Any police officer who find• a vehicle atanding upon any portion of
the street• or alley• of the City of Englewood or upon any property of said
City or upon any private property without the conaent of the owner in violation
of any of the proviaion• of thi• Ordinance or of 1963 c.a.s. 13-5-72 and who
ha• reasonable ground• to believe that the vehicle ha• been abandoned shall
require auch vehicle to be removed and placed in atoraqe in th• nearest garage
or other place of aafety or in a garage deaignated or maintained by the City
of Bnglewood, and neither the officer, nor anyone operating under his direction,
ahall be liable for any d..,ge to auch vehicle occaaioned by such removal.
(c) A• aoon a• practical, either before or after removal of the vehicle,
the Police Departllent of the City of Englewood ahall cause an appraisal to be •ad• of miy vehicle which appear• to have been abandoned in order to determine
the reasonable aarket value of aaid vehicle. Any licensed Colorado motor
··ehicle dealer •hall have authority to make •uch apprai•al. In the event the
apprai..S value i• l••• than the coata of removal and atorage and the Police
Department of the City of Bnglewood ia unable to obtain anyone to remove the
,•ehicl• frcm the atreeta or alleys of the City ~f Englewood or property of
aaid City, the Police Department of the City of Englewood, or its authorized
repre .. ntative, •hall neverthel••• remove or cau•• •aid vehicle to be removed
fraa the public riqht-of-way or the streets, alley• and property of the City
of Bnglewood.
(d) In the event the vehicle ia not reclaimed by the owner or operator
within a period of .. venty-two (72) hour•, the Police Department of the City
of Bnglewood •hall 1 ediately .. nd or cauae to be aent a written report of
the fact of auch r••~ual, the ground• thereof, and of the place to which such
vehicle haa been r..oved to the Colorado State Patrol and ahall file a copy of
the report with the proprietor of any garaqe or other place of safety in which
the vehicle -y be •tored. 'fh• report ahall be aade on a fom furnished by
the Colorado State Patrol and •hall file a copy of the report with the prop-
rietor of any gar1a9e or other place of aafety in which the vehicle may be
atored. 'fh• report ahall be made on a form furniahed by the Colorado State
Patrol and ahall include a complete description of th• vehicle, ;_the ::aaM,.
time and place from which r..oved, the ground• for rmnoval, and the name of
the garage or place where the vehicle i• atored.
I
I
I
I
Provided. howe,,er. if the vehicle is removed fran any •treet, alley, property of
the City of Englewood or private property within the State of Colorado, thep, in
addition. the Police DepartJDent of the City of Bnglewood, or their authorized
repre .. ntative in the alternative, shall inaediately notify in writinq the owner
of record and any lienholder at the addre•••• of •uch per•on• shown in the records
of the Department of Revenue of the State of Colorado, if the vehicle is reqistered
in thi• State, of the removal of •uch vehicle and give the date, time, and place
of th• Departllent'• action, the ground• upon which the removal was authorized and
the location where the vehicle i• •tored. If the vehicle is not reqistered in
thi• •tate, the Police Department of the City of Bnglewood, or their authorized
repre .. ntative, shall aake a reasonable effort to notfiy the lienholder and owner
of record of the r..oval and location of the vehicle.
(•) In either alternative, if the lienholder or owner of record, within
thirty (30) day• frCll the date notice wa• ••nt to th• owner of record or the
lienholder by the COlorado State Patrol or the Police DepartJDent of the city of
Bnglewood, fail• to reclaim •aid vehicle by paying to the keeper of the vehicle
the co•t of apprai•al, towage and •torage involved in the takinq of possession
and atoraqe of aaid vehicle, the Police Department of the City of Enqlewood, or
their authorized repreaentative, ia hereby authorized to ••11 at public or private
aale the abandoned vehicle. The Police Department of the City of Enqlewood, or
their authorized repre .. ntative, •hall execute and deliver a bill of sale, toqether
with a copy of th• report to be filed with th• Department of Revenue to the person
purchaaing th• vehicle. I ediately following aal• of aaid vehicle, the Police
Department of the City of Bn9lewood •hall .. net or cma•• to be sent a written report
of auch aal• to the Department of Revenue. Th• report and the bill of sale shall
be on a form or fora• aiailar to or the •-• aa tho.. furni•hed by the Colorado
State Patrol and ahall include a ccmplete deacription of the vehicle and a copy
of the bill of •ale.
I 25.5-4 Di!pO•ition of Proceed• of Sale.
In th• event a vehicle ia sold under the provi•ion• of I 25.5-3, the pro-
~-·~• of aal• -11all be diapoaed of in the following aanners
(a) Pir•t. co•t of towing with a ainimua charge of five dollars ($5.00)
and a aaxillua charge of twenty-five dollar• ($25.00) to be canputed at the rate
of one dollar per ail• one way and atorag• to be charged at a rate of fifty cents
per day for uncovered •toraqe, and up to one dollar and fifty cents per day for
covered •toraqe for a 8aiaml of thirty (30) day•. •·In tla• event ·the prod•••• alje
inaufficient to cover auch coata, the Police Departaent of the city of Enqlewood
ia hereby authorized to collect any deficienci••, including attorneys' fees,
court co•t• and •uch reasonable coat• aa have been nece••ary to enforce this
Ordinance, frCll the owner or operator by appropriate civil action for and in
connection with the removal of any vehicle under the proviaions of this Ordinance.
(b) Sec:ond, if th• vehicle waa r..oved frCll the highway or hiqhway riqht-
of-vay of the State of Colorado within th• City of Bnglewood, and if the Police
Departaent of th• City of Bn9lewood, in it• sole diacretion, determines that a
rea80ftabl• a11e>unt for the coat• incident to th• apprai•al and sale of the vehicle
ha• been incurred by the City, aaid reasonable coat• aay be deducted from the
r .. aininq balance prior to •ailing the balance to th• Department of Revenue of
the State of Colorado.
(c) !'bird, if th• vehicle wa• rmoved from any •tr-t, alley, or other
property of the City of Bn9lewood or from private property within said City, the
balance, if any, aay, in the alternative, be paid •• follow•s
(1) 'l'h• towing and atoraqe coat• a• enU11erated in aubaection (1) above.
(2) A rea80ftabl• llllOUnt for the co•t• incurred by the Police Department of
the City of Bnglewood aa a coneequence of th• appraiaal, the givinq of notice,
the aulmiaaion of written report• and th• aal• of aaid vehicle.
(3) Any balance then r9llainin9 8hall be paid fir•t, to any lienholder of
record. aecond to any owner of record •• their intereata may appear upon the
record• of auch Departllent, or to any person aulmitting proof of their interest
in aaid vehicle. If auch pa~t• cannot be aade, the balance shall be deposited
either to the credit of the Police Pen•ion Pund of the City of Bnqlewood, or to
the credit of the COiorado Bl9hway u .. r• tax fund.
(d) Whenever a vehicle ha• been rmoved to a 9ra9e or other place of safety
under the provi•iona of thi• Ordinance, the keeper •hall have a first and prior
lien aqain•t •uch •aid vehicle dependent upon po•••••ion for his compensation
for towaqe and for caring for and k .. pin9 ••f• •aid vehicle for a period not
exceeding thirty (30) day• from date of r..oval. If the lienholder or owner
elect• to reclaia the vehicle, he •hall firat pay to the keeper the cost of
towage and atoraqe involved.
12 5. 6 Penal ti••
(a) In accordance with the proviaion• of I 27.2 of the Municipal Code of
the City of Bnqlewood, any peraon who •hall be convicted of a violation of any
Provi•ion of Chapter 25 of thi• Municipal Code, or of any provision of any code
herein -'opted, •hall be fined a •wn of not l••• than one dollar ($1.00) nor
110re than three hundred dollar• ($300.00) or iapriaoned for a term not exceedinq
ninety (90) daya for each offenae, or both auch fine and imprisonment. Where
any violation ia a continuing offenae, each day that the violation shall continue
8hall be conaidered and held to be a aeparate and diatinct offense.
(b) 'fh• judge of the Municipal court ia hereby authorized to designate the
apecified offen .. • under Chapter 25 of the Municipal Cod• of the City of Enqle-
wood, and any code adopted therein, in re•pect to which payments of fines may be
accepted by the Violation• Bureau in aati•faction thereof, and shall specify the
muitabl• mchedule• the 11110unt of auch fine• for firat, aecond and subsequent
offen•••, provided auch finea are within the limitation• declared by law, and
8hall further apecify what number of of fenaea ahall require appearance before the
Court.
Section 2. Section 18.13-1 of the Municipal Code of the City of Enqlewood is
hereby ... naea to read a• followa1
I 18.13-1 Violation• Bureau Created.
'fh• 11UDicipal judge may eatabli•h a Violation• Bureau to aasiat the court
with the clerical work of code or ordinance violationa. The bureau shall be in
charge of much peraon or peraons and ahall be open on much days and durinq such
hour• aa the •unicipal judge may deaignate.
~ion 3. Ordinance• inconaiatent with the provisions of this Ordinance
are h~y repealed, except People'• Ordinance Bo. l, Serie• of 1966, and except
that thia repeal •hall not affect or prevent the prosecution or punishment of
any permon for any act done or c01111itted in violation of any Ordinance hereby
repealed prior to the effective date of thia Ordinance.
sr;tion 4. If any part or part• of this Ordinance are for any reaaon held
to be llvalld or unoon•titutional, auch deciaion •hall not affect the validity
or conatitutlonality of the r ... lning portion• of thia Ordinance, it being the
eJq»reaa legialative intent of the City council of the City of Inglewood that each
part or part• hereof are ••parate. independent and aeverable and that thia
Ordinance "°1!ld have been paaaed, irreapective of the fact that one or more parta
thereof be declared invalid or unconatitutional.
Introduced, read in full, paaaed on firat reading and public hearing aet
thereon for the 3rd day of January, 1967 by the City council of the City of
Bngl...ood called at ita regular ... ting on the 21at day of Rovember, 1966.
Amended at the regular City Council Meeting of December 5, 1966 and ordered
pabliabed in the Bnglewood Herald and Bnterpriae.
Public hearing held thereon and paaaed on final reading by ~he City council
of th• City of Bnglewood at ita regular meeting on the 3rd day of January, 1967
1md ordered publiahed a• Ordinance Ro. l, Serie• of 1967 in the Englewood Herald
and Bnterpriae.
_li ~Au-
~ ~ ------r Mayor
I, Stephen A. Lyon, City Clerk-Treaaurer of the City of Englewood, County of
AYapahoe, State of Colorado, do hereby certify that the above and foregoinq Bill
for an Ordinance waa introduced, read, paaaed on firat reading, aet for public
hearing aa a bill in the Bnglewood Herald and Enterpriae at a regular meetinq of
the City council held on the 2lat day of &ovember, A. D. 1966, amended at the
regular City council Meeting of December 5, 1966, and that at least seven day•
after above publication, aa a bill, a public hearing waa held on the 3rd day of
January, 1967 and the •-waa approved, adopted and ordered published in said
legal new•paper by the City council at a regular meeting held on the 3rd day of
amuary, A.D 1966, aa Ordinance Ro. 1 Series of 1967, of said City.
ATTEST: