HomeMy WebLinkAbout2001 Ordinance No. 044•
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BY AUTHORITY
ORDrNANCE NO . /....4: COUNCIL BILL NO. 32
NTRODUCEDBYCOUN Il.
MEMBER GARRETI' SERIES OF 2001
AN ORDINANCE AMENDING TITLE 11, CHAPTER 1, SECTION 1, SUBSECTION
B. PARAGRAPH 10.5, OF THE ENGLEWOOD MUNICIPAL CODE 2000,
RELATING TO TRUCK TRAFFIC CONTROL DEVICES .
WHEREAS , the City bss previoualy adopted the Model Traffic Code for Colorado
Municipalities, 1995 Edition: and
WHEREAS, Ordinance 9 , Series of 1999, amended the Model Traffic Code
regarding official truck control devices; and
WHEREAS, this Ordinance will clarify thst amendment:
OW, THEREFORE, BE 1T OROAJNED BY THE ITY COU CIL OF THE CITY OF
E GLEWOOD , COLORADO, AS FOLLOWS:
~. The City Council of the City of Englewood. Colorado b.ereby amends Title
11, Chapter 1, Section 1, Paragrsph B , Number 10.5, of the Englewood Municipal
Code 2000, to r ead as follow :
11-1•1: ADOPTION OF CODE :
11 -1-l(B) (10.5)
Part 6. Section 603, OBEDIENCE TO OFFICIAL TRAFFIC
CONTROL DEVICES , is emended by the addition of a new
porogra ph (5) obedience to official truck traffic r.ontrol devices, which
shall read a& follows :
{l)) OJ3 ENCE TO OFFI CIAL TRUCK '.[RAFFlC CONTROL
DEVICES: Atty ,ebtele .. biel'I Yiel&tff No operator or driver o[a
truck or gimmercie.1 vehicle shall disobe~ official traffic control
devices relsting to or concerning truck routes or vehicle~~
n:strictions within the City of Englew ood, ~xr;ept es pw-ided ]lY
11 -1-tlBl OO M> EMC.
Section 2, Sgfety Clauses The City Council hereby finds, determines, and
declares that this Ordinance 18 promulgated under the general police power of the
City of Englewood. that it i9 promulgated {or the health. safety, and welfare of the
public, and that thlB Ordinance i9 neceaeary for the preservation of health and safety
and for the protection of public convenience an-1 welfare . The City Council further
determines that the OrdiDance belll'll a ratlonal relabon to the proper legielot1ve
object aougbt to be obl.Bllled .
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Bfctjon 3 Seyernbjljty. [f any clause , eentA!nce . paragraph, or part of this
Ordinance or the application thereof to any person or circumstance ■ shall for any
re&80n be adj udged by a court of competent jurisdiction invalid. such Judgment shall
not affect. impair or invalidate th remainder o! this Ordinance or it application to
other per80ns or circumstances.
Sectjon 4 Ineon au,ten t Qrdiaoncea All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hezeby
repealed to the extent of such inconsistency or conflict.
Ser;tjon 5 Effect of a;penl or rooditisnti:m, The repeal or modification of any
provision of the Code of the City of Englewood b this Ordinance shall not release ,
extinguish. alter. modify. or change in whole or in part a ny penalty. forfeiture, or
liability. either civil e>r criminal. which shall have been incurred under such provision,
and each provision shall be tzeated and held ae still remaining in force for the
purposes of sustaining any and all proper actiona. suits. proceedings, and
prosecutions for the enforcement of the penalty, forfeituze, or liebility, as well as for
the purpose of sustaining any judgmen t, decree, or order which can or may be
rendered, entered, or made in such actions, suite, proceedings, or proaecutions.
Sectjon 6 ~ The Penalty Provision of Section 1-4-1 EMC shall a pply to
each and every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 6th day of Augwit,
2001.
Published as a Bill for an Ordinance on the 10th day of August. 2001.
Read by title and paeaed on final reading on the 20th day of August, 2001.
Published by title ae Ordinance No.#, Series of 2001 , on the 24th day of
August, 2001.
I , Low:riahia A. Ella. City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true cop,1r _of the Ordinance passed on final reading
and published by title aa Ordinance No .1={, Series of 2 l.
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COUNCIL C.OMMU (CATI ON
Date: Agenda Item:
Subject: Ordinance To Amend
10 a i
E.M.C. Relating To Truck Traffic
August 6 1001
Contro l Devices
STAFF SOURCE:
I ITIATED BY :
Public I;\ o rl..s Ken Ross, Directo r oi Public Works
CO CIL GOAL D PREVIO US COU Cil ACTIO
Citv Council approved Ordinance 9 , Serie; of 1999, \,h1ch a ~n o d e Model Traffic: Code regarding
official truck con trol devices.
RECOMME , OED ACT1O
Staff recommends that City Council approve an ord inance to modiiy the vording in Title 1 I, Chapter 1,
Section l(BJ, (10.3) in order to make it more dear ~hat co nstitutes a violation with regard to trucks and
o erweight veh ides .
BACKGRO ND, A ALYSIS, A D ALTIR ATIVES IDENTIFIED
The word .. ,g contained in this part of the fT'',nicipal code is not clear, 1t makes it sound as if the vehicle is
guilty oi iolating the iriten t of the ord in ance instead of the operator of the vehicle. In addition, staif
typicall y will use weight rest riction signs to keep vehicles oif of selected str ee ts , so th is practice ough t to be
reflec ed in the ordinance .
The proposed vordin3 m ak es the driv er or operator the \ io lator. it include s "commercial vehicles" in order
to add ress instances vhe re pieces of equipment are being transported on streets where weigh t restrictions
occur, and it refe ren ces weigh t restri ction signs in addition to tr uck route signs .
The exc:ep uon in the proposed ordi nance refers to the section of the code that rec ognizes th at in certain
in stances ov ervve1ght ehicles need to access properties that are off oi accepted truck rou tes in order 10
pick up o r deliver matenal s o r merchandise .
FINANCIAL IMP CT
· o financia ; m1pact o ,n e City has bee n iden tifie d.
LI ST OF TTACHMENTS
The pr ci:,o se d ordina. ,ce is attache d .