HomeMy WebLinkAbout2000 Ordinance No. 075.... ORDINANCE NO . 25
SERIES OF 2000
BY AUTHORITY
COUNCIL DILL NO . 78
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AMENDING TITLE 11, CHAPTER 1, SECTION I, OF THE
ENGLEWOOD MUNICIPAL com : 2000 BY THE ADDITION OF TWO NEW
SUBSECTIONS 5 AND 6, RELATING TO MINIMUM STANDARDS FOR
COMMERCIAL VEHICLES.
WHEREAS, the City has previously adopted the Model Traffic Code for Colorado
Municipalities, 1995 Edition; and
WHEREAS, clarification is needed to allow the City to enforce the minimum
standards for commercial vehicles on City streets aa well aa State highways;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS:
&<aiim..1 . The City Council of tho City ofEnglewood, Colorado hereby amends Title
11, Chapter 1, Section l(B), of the Englewood Municipal Code 2000, by the addition of
two new Subsections 5 and 6, and renumbering the remaining subsections accordingly,
to read •• follows:
11-1-1 : ADOPTION OF CODE :
A. Pursuant to section 44, article V of the Englewood Home Rule Charter, and
title 31, article 16, parta 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
a s 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
purpooe of this Chapter and the code adopted herein is to provide a system of
traffic ro,ulation consistent with State law and generally conforming to aimilar
regulation& throughout the Stat, and Nation. Thfee !3) eepiee ~ of the
Model Traffic Code adopted herein Me ~now filed in the office of the City Clerk
of the City and may be inspected during regular buaineaa houra.
B. The 1995 Edition of the Model Traffic Code is adopted •• if set out at length,
except for th, following parts and sections of article I which are declared to be
inapplicable to this Municipality and are the,,.fore expreaaly deleted or
amended :
I. Penalty Aaaessmente-The City does not use penalty a88eaamente for
traffic violatiolllJ and therefore all references to penalty aaaeumenta and
procedure• dealing with y.•malty aeeeNment, in any article or aection are
expressly deleted.
2. Part 1, eection 106 is amended to read aa followa:
-1-
Restricted Use Of Streets
(I) The use of certain streets and roadways by motor-driven ,cycles 1
trucks or other commercial vehJ cles , bicycles, motorized bicyclea
and horse-drawn vehicles or other nonmotorized traffic sball be
restricted or prohibited when authorized by the Traffic Engineer
and when offici al signs giving notice thereof are erec!A!d.
(2) For the purpose of road construction and mainrenance any street
or portion thereof may, by action of this Municipality or by
agreement with other concerned road agencies, be temporarily
closed to through traffic or to oil vehicular traffic during the work
project, and the traffic affected shall be gui~ed along appropriate
detours or alternative rou!A!s by official traffic control devices.
(3) When signs are eo erecu,d giving notice of restrictions or
prohibitions upon the use of streets, no person shall dieobey the
directions or instructions stated on such signs.
(4) The provisions of subs ection (I) shall not be construed to prohibit
the drivers of any excluded vehicles from traveling over such
restricted or prohibited streets, other than controlled-acceea
roadways, for the purpoae of delivering or picking up ma!A!riale or
merchandise or reaching their destinations which occur on theae
particular streetl, provided such excluded vehicle• en!A!r such
streets at the intersection nearest the destination of the vehicle
and p1~ed thereon no farther than the nearest intersection
thereafter.
3. Part 2, section 203 Unsafe Vehicles • Spot Inspections is delered.
4. Part 2, section 227(3)(b) Tin!A!d Windows is deleted.
g. Sestjon 236 (2)_ of the Model Traffic Code for Colorado municipalities is
hereby amen ·\.1 to read no perROn or owner or lea,or or other entity
haying authontv over the use and operation of a commercial vshide shall
gperatc or allow the operation of a commercial vehicle a, defined in
Sub,cction Ol of tbia Section on any public highway of thia State or City
unleaa such vehicle i& in compliance with the Rules and Regulations
adopted by the Department yursuant to Subsection l4l of thie Section
g. The City hereby inoomorates by reference the Department of Public
Safety Rules and Regulations Concerning Minimum Standar4e for the
Operation of Commercial Vehicles BB adapted (8 CCR 1607•1) or ns
same shall be emended which incorporates the Code of Fede.nl
Regulations Title 49 Parts 200 to 399 ae revised BR of Cctoher 1 1998
or as eame shall be amended
r. ¾· Part 2, section 236(8) Child Restraint Systems (regarding fine) ia delered.
-2-
•
....
•
6-~-Part 5, section 510(l)(b) Permita for Exe, .. Size and Weisht and for
Manufactured Homes ia amended to read as followo:
(l)(b) The application for any permit shall specifically describe the
vehicles and load to be op erated or moved and ibe particular
highways far which the permit to operate ia req,. ,sted, and
whether such permit io for a single trip, a special, or an
annual operation, and the time of such movement. All local
permits shall be iaaued at the discretion of the local authority
throu11h its Traffic Engineer or designee .
'I-~-Part 5, section 510(9)(b) Permits for Excess Size and Wei11ht and far
Manufactured Homes is am ended to read as follows :
(9)(b) This Municipality with regard to a local permit may, through
its Traffic Engineer or deaignee, revoke , auapend, refuse to
·enew, or refuae to issue any permit authorized by thia
section upon a finding that the holder oCthe permit hr.a
violated the provisions of this section, any ordinance or
reaolution ofthia Municipality , or any standarda or rules or
regulation promulgated punuant to this section.
& Ml· Part 5, section 511 Permit Standard• ia deleted.
9-g . Part A, section 604(l)(c)(I) Steady Red Indication is amended to read as
fallows :
(I) Vehicular traffic facing a steady circular red signal alone shall
atop at a clearly marked stop line but, if none, before entering the
crosswalk on the near side o(the in!~rsection or, if none, then
before entering the intersection and sh~lt remain standing until
an indication to proceed ia shown; except. that:
(A) Such vehicular traffic, .fter coming to a stop and yielding
the right-of-way to pecfostrians lawfully within an acijacent
c:rasawalk and to other traffic lawfully using the
intersection, ma y make a right turn, unles■ state or local
road authorities within their respective jurisdictions have
prohibited any such right turn and b.we erected an official
sign at each intersection where such right turn ia
prohibited ;
(B) Such vehicular traffic, when proceed...,; on a one-way street
and after coming to a stop , may make a left tum onto a
one-way street upon which traffic ia moving to the loft of the
driver. Such turn shall be made only after yielding the right•
of•way tc pedestrians and other traffic proceeding as
directed. No turn shall be ade pursuant to thia sub•
subpatag,11ph (B) if local authorities have prohibited any
such !~ft tum and erected a sign giving notice of any such
prohibition at each intersection where such left turn is
prohibited.
-3-
1-& ~-Part 8 aection 805(5) Pedeatriana Walking or Traveling in a
Wheelchair on Highways is amended to read as follows :
(5) This Municipality may regulate the uae by pedestrians of streets
and hiihwnys under its jurisdiction to the extent authorized
under subsection (6) of this aection and section• 42-4-110 and
42-4-111, C.R.S . ',ut no regulation regarding auch atreeta and
highway• in a ma.mer differinJ &om this section shall be effective
until official signs or devicee giving notice thereof have been
placed as required by section 42-4-111(2), C.R.S .
H lg. Part 10, se cti•n 1010(3) Driving on Divided or Controlled Access
Highway, (regarding limiting use) is amended by deleting the phrase
"by ordinance conaistent with the proviaiona of aection 43-.'-135(l)(g),
C.R.S .... ", in the first aentence .
HI JJ. Part 11, section 1101(2) Speed Limits is amend•d to add a new
aubeection:
(i) Fifteen miles per hour in any alley.
¼3 !Ji. Part n , section 1102(5) Altering Speed Limits is amended to read :
(5) In its diacretion, this Municipality may impose and enforo, stop
sign regulations and speed limits, not inconsistent with ihe
provisions of sections 1101 to 1104, upon any way which is
open to travel by motor vehicles and which is privately
maintained in mobile home parks , when appropriate signs
giving notice of such enforcement are erected at the entrances to
such ways.
H !§. Section 1202 Parking or Abandonment of Vehicles the phrase "outside
of a businesa or residential district ... " is deleted .
M ,!J. Part 12, sections 1205(2) and (3) Parkinc at Curb or Edge of Roadway
are amended to read :
(2) F..icept as authorized by the Traffic Engineer or his/her
d ~aignee, every vehicle atopped or parked upon a one-way
rt ,dway shall be so storped or parked parallel to tho curb or
ed 1e of the roadway in th• direction of authorized traffic
movement, with its right-hand wheels within twelve inches of
the right-hand shoulder or with its left-hand wheels within
twelve inches of the left.hand shoulder or with its left-hand
wheels within twelve inches of the left-hantl curb or as clo se as
practicable to the left edge of th• left-hand shoulder.
-4-
....
•
•
(3) The local authority may, through its Traffic Engineer or
deeignee , permit angle parking on any roadway; except that
angle parking shall not be permitted on any State highway
unleee the Department of Transportation hae determineci by
resolution or order entered In its minutes that the roadway ie of
sufficient width to permit angle parking without interfering
with the free movement of traffic.
H !§. Part 12 , section 1208(3)(b ) and (c) Parking Privileges for Persona with
Disabilities are amended to read :
(b) The owner of private property •vailable for public uae may
request the criteria and format information for official
handicapped parking aigne from the City Traffic Engineer
concerning the installation of official eigne identifying parking
spaces reserved for use by persona with dieebilitiea . Such a
request shall be a waiver of any objection the owner may aaaert
concerning enforcement of thia section by peace officer■ of any
political subdivision of this State, and such officer■ are hereby
authorized and empowered to ao enforce this section, proviaiona
of law to the contrary notwithstanding.
(c) Each parking apace reserved for uae by persona with
disabilities whether on public property or private property shall
be marked with·an official upright sign, which sign shall be
stationary, identifying such parking space ae reserved for uae
by persons with disa biliti es .
¾4 !§. Part 14, section 1401(1) Reckless Driving-The last sentence , "A person
convicted of reckleae driving of a bicycle or motorized bicycle shall not be
subject to the provisions of section 42 -2-127, C.R.S." ie deleted.
M gj!. Part 14 , section 1401(2) Reckless Driving-Penalty ie deleted.
¼ll .l· Part 14, section 1402(1) Careless Driving-The last senteucc, "A person
convicted of careless driving of a bicycle or motorized bicycle shall not be
subject to the provisions of section 42-2-127 , C.R.S." is deleted.
IHI~-Part 14 , section 1402(2) Car eless Driving-Penalty is de leted.
11-i-~-Part 14, section 1409 Compulsory Insurance ie amended to add the
following subsections:
(7) Upon conviction thereof, the defendant shall be punished by a
fine of not leea than one hundre d dollars ($100 .00) nor more
than five hundred dollars {S5 00 .00), and , in addition, the court
may impose imprisonment for not more tha ·• one hundred
eighty (180) days. Th• fin e imp osed by this ..ection shall be
mandatory, and the court s hall not s uspend said fine, in whole
or in part, unless it, is estab li shed that appropriate insurance
-5-
11 required unde r oections 10-4-706 and 10-4-716, C.R.B . bu
been obtained.
(8) Upon a HOOnd or 1uboequent aonviction wider tbi1 aection
within a period of two (2) yean followina I prior conviction
wider t.hia eection, the defendant 1ball be puniahed by a fine of
not ieae than two hwidnd dollut1 (S200.00) nor more than five
hundred dollan ($600.00), and, in addition, the court may
impoae impriaonment in the county jail for not leu than ten
(10) daye nor more than one hundnd eiahtJ (180) day1. Tba
fine impoeed by this section shall be mandator;·, and the court
shall not auspend eaid fine, in whole or in part, unleu it ia
established that appropriate insurance aa required under
aectiona 10-4-705 and 10-4 -716 , C.R.S . has been obtained.
lll! ~-Part 14, section 1412 Operation of Bicycles and Other Human-Powered
Vebiclee is amended to add ti.e following aubaectiona:
(12) The parent of any child or guardian of any ward shall not
authorize or knowingly permit any child or ward to violate any
of the proYiaiona of this section.
(13) It is unlawful for any penon to do any act forbidden or '•il to
perform any act required in tbia article .
ll3 ~ Part 17, section 1701(3) Traffic Offenses Clauified-Schedule of Fines
(regarding fine schedules) is deleted.
11-4 ~-Part 17, section 1709 Penalty Assessmentll is deleted.
% t1· Part 17, section 1710 Failure to Pay Penalty ia deleted.
ll& ~-Part 17, section 1716(1) Notice to Appear or Pay Fine-Failure to
Appear-Penalty is amended to read as follows :
(1) For the purposes of this code, tender by an arresting officer of
the aummona shall constitute notice to the violator to appear in
court or at the Violations Bun,au within the timff and dates
specified on such summons.
~ gj!. Part 17, section 1717 Conviction-Attendance at Driver Improvement
School-The pbraee "located and operating in the co1:.1t) of the
defendant's residence and ... " is deleted.
~D..2-The Englewood City Council hereby amende Tit!·, 11, Chapter 1B ,
Section 1, of the Englewood Municipal Code, 1985 with the cd lition of the following
Subsection 1. to the definitions as follows :
-6-
·, ...
•
•
•
•
•
11-IB-1 : TRAFFIC VIOLATION PROCEDURES :
A. Definitions: The following worda, terma and phraaea, when used in thia
Chapter shall have the meaninp ucribed to them in thil Section, euept
where the context clearly indicatea a different meaninc. In tho event o( an.y
con1lict between the Model Traffic Code and the definitiona contained in thil
Section, thia Section ehall be controllinc:
TRAFFIC OFFENSE: The followinc offenaee aa aet forth in thil Chapter or
in article I of the Model Traffic Code ae ador••d and amended by the City :
:l · Section 235 MTC· Minimv~ f.ir.andnTe for t;ommpg;jp} Yahiclso
¼ g. Sec. 1903 MTC: Stoppin1 for school busee .
~ ~-Secs . 1101, 1102, 1103, lltl4 MTC : Baeic speed rules• including
decreasing of speed Ii.mite , altering of apeed limita and elevated
structures speed limits~, whore the meed nllmd ie meter
than 19 milee nee hour gyec the poet,ed &need limit -
3 ~-Sec . 1105 MTC: Speed conteata/exbibition of speed .
+ jj. Sec. 1401 MTC: Recltle88 dliving .
& §. Sec. 1402 MTC : Careless di;ving.
& J,. Sec. 1409 MTC : Compulsory insurance-penalty, aa amended by
J , , 11-\-IB(!l) E.M .C . .-\
'I-~-Sec. 1413 MTC : Eluding or attempting to elude police officer.
8-l!. Sec "03(5) MTC : Obedien,,, to Official Truck Traffic Control
DeVJce&.
~ Saat!..Clalliu-The City Cou:ocil hereby finds , determine■, and
declares that this Ordinance ia promulpted under the 1anett! yolice power of the
City of Englewood, that it ia promulgated fo1 · the health, oafoty, anrl welfare of the
public , and that this Orwuance ia neceuary for the preaerv,,tion cf health and safety
and for the protection of public convenience and welfare . The City Council further
determ jnea that the Ordinance bears a ratio:nal relation to th1, prop~,r legialative
object sought to be obtained.
llls:limu-S.yarahjljty If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstance■ shall for any
reaaon be adjudged by a court of competent juriadiction invalid, such judgment aha!!
not affect, impair or invalidate the remainder of this Ordinance or it application to
other persona or circumstances .
-7-
~ ln@n1i1Utot Ordineocftl All other Ordinances or portiona thereof
inco111iatent or conflicting with thia Ordinance or any portion hereof are hereby
repealed to the •••.ent of such inco111iatency or conflict.
~-Efgt gfn,gc•I PT mgdjfieatjgn The repeal or modificatio!I of any
provilion of the Code of the City of Englewood by thl1 Ordinance 1hall not releue,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either c,vil or criminal, which shall have been incurred under auch proviaion,
and each provision shall be treated and held ao still remainin& in force for the
purpo,ea of suataining 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 , suit.a, proceedings, or proeecutions .
llei:ti9n.1. &llllllx. The Penalty ProviJion ofE.M.C. Section 1•4•1 shall apply to
each and every violation of thia Ordinance.
Introduced, read in fulL and paaaed on first reading on the 16th day of Oc t.ober,
2000.
Published as a Bill for an Ordinance on the 20th day of October, 2000.
Read by title and passed on final reading on the 6th day of Novem her, 2000.
Published by title as Ordinance No. l:£ Series of 2000, on the 10th day of
November, 2000.
~,t,1/V om.urns, Mayor
I, Loucriahia A. Ellio, City Clerk of the City ofEnglewood, Colorado, hereby certify
that the aoove and foregoing ia a true copy of the Ordinance puoed on final reading .... ,.__,.,., .... , .... ~···""&~
Loucrishia A. Ellis
-8-
...
•
•
•
•
COUNCIL COMMUNICATION
Date
October 16, 2000 I
Agenda Item I Subject An ordinance relat in g
to minimum standards for
10 a 1v commercial vehicles
Initiated By
Safety Services I Staff Source
Division Chief Tom Va11:!ermee
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The issue of enforcing regulations against commercial vehicles and in particular overweight and unsafe
trucks has been discussed at several tri-cities meetings .
RECOMMENDED ACTION
The Department of Safety Services , police division, is requesting that council approve the amendment
of Title 1 1 , Chapter 1, Section 1, of the Englewood Municipal Code 2000 by the addttion of two (2) new
subsections 5 and 6, relating to minimum standards for commercial veh icles .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Several of the streets and highways within the City of Englewood have become major arteries for
heavy commercial vehicles . Many of these vehicles are being operated in extremely unsafe and/or
overweight conditions . These conditions expose the rest of the motoring public to substantial risk of
being involved in serious motor vehicle accidents . Englewood Police Officers have cooperated in
several special enforcement projects with the Littleton and Sheridan Police Departments, both of whom
have adopted similar ordinances . Englewood has not currently adopted ordinances that have the lull
effect of properly identifying , enforcing or correcting the deficient conditions of these vehicles .
FINANCIAL IMPACT
The !inane:,, impact of the adoption of these ordinances would be recognized through fines and court
costs imposed on violators by the municipal court .
L1 ,;T OF ATTACHMENTS
Copy of Draft Ordinance