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HomeMy WebLinkAbout1996 Ordinance No. 036• • ORDINANCE NO.~ SERI&S OF 1996 BY AUTHORITY COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE MODIFYING THE REGL1.ATION OF TRAFFIC THROUGH THE REPEAL OF TITLE 11, CHAPTER 1, SECTIONS 1 THROUGH 20, AND REENACTME:-11' OF A NEW CHAPTER 1, ADOPI'ING BY REFERENCE THE "MO DEL TRAFFIC CODE FOR CO LORADO MUNICl"ALITIES", REVISED 1995 EDITION, EX CLUDING THE APPEN DIX, PUBLISHED BY THE COWRADO DEPARTMENT OF TRANSPORTATION OF THE STATE OF COLORADO W!TH CERTAIN EXCEPI'IONS, MODIFICATIONS AND AMENDMENTS. WHEREAS, the City of Englewood is currently using the 1977 "Model Traffic Code For Colorado Municipalities"; and WHEREAS, this Code is updated periodically to keep pace wit.L changing technology and issues; and WHEREAS. the City of Englewood Division of Safety Services, the Englewood Cou rt Administrato r and the Publi c Works staff has thoroughly revi ewed the revised 1995 Editi on of the "Model Traffic Code For Colorado Municipalities" and recommend adoption thereof subject to ctrtain exceptions, modifications and amendments; and WHEREAS , the Revised Code follows the State Statutes in numbering whi ch provid es for easier referen cing to State charges; N0\V, Tfil.REFORE. BE IT ORDAINED 'IY THE CITY COUN'cIL OF THE CITY OI ' ENGLEWOO D. CO LORADO , THAT : S,/WJI.IU.. Title 11 , Chapter I, Sections l through 20 , Englewood Municioal Code 198 5, ~s hereby repea led an d a new Chapter 1 is enacted adopting by re!e.rence the "Model TrafF.c Code For Colorado '.'1unicipalities," Revised 1995 Edition, excluding Appen~.ix, published by the Coloro.do Departrr ent of Transpo rtation State of Colo r ado. 420 1 Bast Arkansas Av enue, Der.v er , Colorado 80222 . subject to exceptions. mr,jifications an d amendm ents as follows : CHAPTERl TRAFFIC CODE 11-1.-1: ADOPTIONOFTHECODE: A. PU RSUANT TO SECTION 44 , AF.TICLE V OF THE ENGLEWOOD HOME RULE CtlARTER. AND TITLE 3 1, ARTI CLE 16 , PARTS l AND 2. C.R.S . 1973, AS AMENDED , THER E IS HEREBY ADOPI'ED BY REFERENCE ARTI CLES I AND II , INCLUSIVE OF THE 1995 EDITIO N OF THE "MODEL TRAFFIC CO DE FOR COLORADO MU'.'i l CIPALlTIES". PROMU LGA TED AND PUB LI S HE D AS SUC H BY THE COLORADO DEPARTMF:<T OF TRANSPOR TATIO N , 420! E . ARKANSAS AVENUE, DENVER, COLORAD0 80222 . THE SUBJECT MATTER OF THE MODEL TRAFFIC CO~E RELATES PRIMARILY TO COMPREHENSIVE TRAFFIC CON".·ROL REGULATIONS FOR THE CITY. THE PURPOSE OF TJDS r;HAPTER AND THE CODE ADOPTED HEREIN IS TO PROVIDE A SYSTEM OF TRAFFIC REGULATION CONSISTENT WITh STATE LAW AND GENERALLY CONFOl!MING TO SIMILAR REGULATIONS THROUGHOUT THE STA'TE AND NATION . THREE (3) COPIES OF TH E MODEL TRAFFIC coo:.~ ADOPTED HEREIN ARE NOW FILED IN THE OFFICE OF THE CIT\' CLERK OF THE CITY AND MAY BE INSPECTED DURING REGULAR BUSINESS HOURS . B. THE 1995 EDITI ON 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 INAPPLICAB LE TO THIS MUNJCIPALITY AND ARE THEREFORE EXPRESSLY DELETED OR AMENDED: 1 . PENALTY ASSESSMENTS THE CITY OF ENGLEWOOD DOES NOT USE PENALTY ASSESSMENTS FOR TRAFFIC VIOLATIO NS AND THEREFORE ALL REFERENCES TO PENALTY ASSESSMENTS AND PROCEDURES DEALING WITH PENALTY ASSESSMENTS IN ANY ARTICLE OR SECTION ARE EXPRESSLY DELETED. 2 . PART 1, SECTION 106 IS AMENDED TO READ AS FOLLOWS: RESTRICTED USE OF STREETS (1) THE USE OF CERTAIN STREETS AND ROADWAYS BY MOTOR-DRIVEN CYCLES, TRUCKS OR OTHER COMMERCIAL VEHICLES, B!CYCLES , MOTORIZED BICYCLES AND HORSE-DllAWN VEHICLES OR OTHER NONMOTORIZED TRAFFI C SHALL BE RESTRICTED OR PROHIBITED WHEN AUTHORIZED BY THE TRAFFI C ENGINEER AND WHEN OFFICIAL SIGNS GMNG NOTICE THEREOF ARE ERECTED . (2 ) FOR THE P\:'>POSE OF ROAD CONSTRUCTION .-\ND MAJNTENANCE ANY STREET OR PORTION THEREOF MAY , BY ACTION OF THIS MUNICIPALITY OR BY AGREEMENT WITH OTHER CONC Ei<NED ROAD AGENC IES , BE TEMPORARILY CLOSED TO THROUGH TRAFFIC OR TO ALL VEHICULAR TRAFFIC Dl'RING THE WORK PROJECT, AND THE TRAFFIC AFi,'ECTED SHALL BE GUiDED ALONG APPROPRIATE DETOURS OR ALTERNATIVE RO UTES BY OFFICIAL TRAFFIC CONTROL DEVICES . -2- • (3) WHEN SIGNS ARE SO ERECTED GMNG NOTICE OF RESTRICTIONS OR PROHIBITIONS UPON THE USE OF STREETS, NO PERSON SHALL DISOBEY THE DIRECTIONS OR INSTRUCTIONS STATED ON SUCH SIGNS. (4) THE PROVISIONS OF SUBSECTION (1) SHALL NOT BE CONSTRUED TO PROHIBIT THE DRIVERS OF ANY EXCLUDED VEHICLES FROM TRAVELING OVER SUCH RESTRICTED OR PROHIBITED STREETS, OTHER THAN CONTROLLED-ACCESS ROADWAYS , FLt THE PURPOSE OF DELIVERING OR PICKING UP MATERIALS OR MEFGHANDISE OR REACHING THEIR DESTINATIONS WHICH OCCUR ON THESE PARTICULAR STREETS, PROVIDED SUCH EXCLUDED VEHICLES ENTER SUCH STREETS AT THE INTERSECTION NEAREST THE DESTINATION OF THE VEHICLE AND PROCEED THEREON NO FARTHER THAN THE NEAREST INTERSECTION THEREAFTER. 3 . PART 2, SECTION 203 UNSAFE VEHICLES -.sfQI INSPECTIONS IS DELETED . 4 . PART 2, SECTION 227(3XB> TINTED WINDOWS IS DELETED . 5. PART 2, SECTION 236 (8) C.'ULD RESTRAINT SYSTEMS (REGARDING FINE) JS DEL.'.:TED . 6 . PART, 5 SECTION 510 (l) (Bl PERMITS FOR EXCESS SIZE AND WEIGHT AND FOR MANUFACTURED HOMES IS AMENDED TO READ AS FOLLOWS: (!) CB ) THE APPLICATION FOR ANY PERMIT SHALL SPECIFICALLY DESCRIBE THE VEHICLES AND LOAD TO BE OPERATED OR MOVED AND THE PARTI CULAR HIGHWAYS FOR WHICH THE PERMIT TO OPERATE IS REQUESTED , AND WHETHER SUCH PERMIT IS FOR A SINGLE TRIP, A SPECIAL . OR AN ANNUAL OPERATION , AND THE TIME OF SUCH MOVEMENT. ALL LOCAL PERMITS SHALL BE ISSUED AT THE DISCRETION OF THE LOCAL AUTHORITY TtrnOUGH ITS TRAFFIC E NGINEER OR DESIGNEE . 7 . PART , 5 SECTION 510 (9) (Bl PERMITS FOR EXCESS SIZE AND WEIGHT AND FOR MANIJF>CTIJRED HOMES IS AMENDED TO READ AS FOLLOWS : (9) (B J THIS MUNICIPALITY WITH REGARD TO A LOCAL PERM IT MAY, THROUG H ITS TRAFFIC ENG I NEE R OR DESJGNEE, REVOKE , SUSPEND, REFUSE TO RE NEW. OR REFUSE TO ISSUE ANY PERMIT AUTHORIZED BY THIS SECTION UPON A FINDING THAT THE HOLDER OF THE PERMIT HAS VIOLATED THE PROVISIONS OF TH IS SECT ION . ANY ORDI NANCE OR RE SOLUTION OF THI -3- MUNICIPALITY, OR ANY STANDARDS OR RULES OR REGULATION PROMULGATED PURSUANT TO THIS SECTION . . 8 . PART 5, SECTION 511 PERMIT STANDARDS IS DELETED . 9 . PART A, SECTION 604 (l) Cc) (I) STEADY RED INDICATION (I) VEHICULAR TRAFFIC FACING A STEADY CIRCULAR RED SIGNAL ALONE SHALL STOP AT A CLEARLY MARKED STOP LINE BUT, IF NONE, BEFORE ENTERING THE CROSSWALK ON THE NEAR SIDE OF THE INTERSECTION OR , IF NONE, THEN BEFORE ENTERING THE INTERSECTION AND SHALL REMAJN STANDING UNTIL AN INDICATION TO PRllC EED IS SHOWN; EXCEPT THAT : (A) SUCH VEHICULAR TRAFFIC , AFTER COMING TO A STOP AND YIELDING THE RIGHT-OF-WAY TO PEDESTRIANS LAWFULLY WITHIN AN ADJACENT CROSSWALK AND TO OTHER TRAFFIC LAWFULLY USING THE INTERSECTION , MAY MAKE A RIGHT TURN , UNLESS STATE OR LOCAL ROAD AUTHORITIES WITHIN THEIR RESPECTIVE JURISDICTIONS HAVE PROHIBITED ANY SUCH RIGHT TURN AND HAVE ERECTED AN OFFICIAL SIG N AT EACH INTERSECTION WHERE SU CH RIGHT TURN IS PROHIBITED ; CB ) SUCH VEHI CULAR TRAFFIC, WHEN PROCEEDING ON A ONE-WAY STREET AND AFTER COMING TO A STOP, MAY MAKE A LEFI' TURN ONTO A ONE-WAY STREET UPON WHICH TRAFFIC IS MOVING TO THE LEFI' OF THE DRIVER. S llCH TURN SHALL BE MADE ONLY AFI'ER YlELDlNG THE RIGHT-OF-WAY TO PEDESTRIANS AND OTHER TRAFFIC PRO CE f:DIN G AS DIRECTED . NO Tl1RN SHALL BE MADE PURSUAJ\"T TO THIS SUB-SUBPARAGRAPH (B ) IF LO CAL AUTHORITIES HAVE PRC'HIBITED ANY SUCH LEFT TUR.'/ AND ERECTED A '.;ION GMNG NOTI CE OF ANY SUCH PROHIBITION AT EACH INTERSECTION WHERE SUC H LEFI' TURN IS PROHIBITED . 10 . PART B SECTION 805 C5l PEDESTRIANS WALKING OR TRl,VELING IN A WHEELCHAIR ON HIGHWAYS IS AMENDED TO READ AS FOLLOWS : 15) THIS MUN ICIPALITY MAY REGULATE THE USE BY PEDESTRI ANS OF STREETS AND HIGHWAYS UNDER ITS J URISDICTION TO THE EXTENT AUTHORIZED UNDER SUBSECTION (6) OF THIS SECTIO N AN D SECTIONS 42 -4-110 AND 42-4 -111. C.R.S ., BUT NO REG ULATION REGARDING SUC H STREETS A.'ID HIGHWAYS IN A MANN '.:R DIFFERI NG FROM THIS S ECTI ON SHALL BE ETF ECTIVE UNTIL OFFI CIA'. SIGNS -4- • • • • OR DEVICES OMNO NOTICE THEREOF HAVE BEEN PLACED AS REQUIRED BY SECTION 4U•lll(2), C.R.S . 11 . PART 10, SECTION 1010 (9) DRMNG ON DMDED OR CONTROLJ,ED ACCESS WQHWAYS (REGARDING LIMITING USE) JS AMENDED BY DELETING THE PHRASE "BY ORDINANCE CONSISTENT WITH THE PROVISIONS OF SECTION 49 -2-195 (1) (g), C.R.S .... •, IN THE FIRST SENTENCE 12 . PART 11 , SECTION 1101 (2) SPEED LIMITS IS AMENDED TO ADD A NEW SUBSECTION: (i ) FIFTEEN MILES PER HOUR IN ANY ALLEY . 13. PART 11, SECTION I 102 (5 ) ALTERING SPEED LIM)TS IS AMENDED TO READ : (5 ) IN ITS DISCRETION, THIS MUNICIPALITY MAY IMP OSE AND ENFORCE STOP SIGN REGULATIONS AND SPEED LIMITS, NOT INCONSISTENT WITH THE ?ROVISIONS 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 GMNG NOTICE OF SUCH ENFORCEMENT ARE ERECTED AT THE ENTRANCES TO SUCH WAYS . 14 . SECTION 1202 PARKING OR ABAND ONMENT OF VEHICLES THE PHRASE "OUTSIDE OF A BUSINESS OR RESIDENTIAL DISTRICT .. ." :s DELETED . ir.. PART 1:., SECTIONS 1205 (2) AND (9) PARKING AT CURB OR EUQ.E. OF ROADWAY ARE AMENDED TO READ : (2' EXC EPT AS AUT!i.ORIZED BY THE TRAFFIC ENGINEER OR HIS DESJGNEE , EVERY VEHICLE STOPPED OR PARKED UPON A ONE-WAY ROADWAY SHALL BE SO STOPPED OR PARKED PARALLEL TO THE CURB OR EDGE OF THE ROADWAY IN THE DIRECTIO N OF AUTHORIZED TRAFFIC MOVEMENT, WITH ITS RIGHT• HAND WHEELS \\llTHIN TWELVE IN CHES OF THE RIGHT-HAND SH OULDER OR WITH ITS LEFT-HAND WHEELS WITHI N TW E LVE I NCHES OF THE LEFT- HAND SHOULDER OR WITH ITS LE~'T-HAND WHEELS WITHIN TWELVE INCHES OF THE LEFT-HAND CURB Oil AS CLOSE AS PRACTICABLE TO THE LEFT EDGE OF THE LEFT-HAND SHO ULDER . .5. CS) THE LOCAL AUTHORITY MAY, THROUGH ITS TRAFFI C • ENGINEER OR DESIONEE, PERMIT ANGLE PARKING ON ANY ROADWAY; EXCEPT THAT ANGLE PARKING SHALL NOT BE PERMITTED ON ANY STATE HIGHWAY UNLESS THE DEPARTMENT OF TRANSPORTATION HAS DETERMINED BY RESOLUTION OR ORDER ENTERED rN ITS MINUTES THAT THE ROADWAY IS OF SUFFICIENT WIDTH TO PERMIT ANGLE PARKING WITHOUT INTERFERING WITH THE FREE MOVEMENT OF TRAFFIC . 16 . PART 12. SECTION 1208(S)(b) AND (cl PARKING PRIY]LEGES EQR PER,SQNS m:IH OISAllll,IIIES ARE AMENDED TO READ : (b) THE OWNER OF PRIVATE PROPERTY AVAILABLE FOR PUBLIC USE MAY REQUEST THE CRITERIA AND FORMAT INFORMA'l':O,.; FOR OFF!CIAL HANDICAPPED PARKING SIGNS FROM THE \,;'!"Y TRAFFIC ENGINEER CONCERNrNG THE INSTALLATION OF OFF!CIAL SIGNS IDENTIFYrNG PARKING SPACES RESERVED FOR USE BY PERSONS WITH DISABILITIES . SUCH A REQUEST SHALL BE A WAIVER OF ANY OBJECTION THE OWNER MAY ASSERT CONCERNING ENFORCEMENT OF THIS SECTION BY PEACE OFFICERS OF ANY POLITICAL SUBDIVISION 'OF THIS STATE , AND SUCH OFFICERS ARE HEREBY AUTHORIZED AND EMPOWERE[, TO SO • ENFORCE THIS SECTION , PROVISIONS OF LAW TO THE CONTRARY NOTWITHSTANDING . (c) EACH PARKING SPACE RESERVED FOR USE BY PERSONS WITH DISABILITIES WHETHER ON PUBLIC PROPERTY OR PRIVATE .i'ROPERTY SHALL BE MARKED WlTH AN OFFICIAL UPRIGHT SIGN, WHI CH SIGN SHALL BE STATIONARY, IDENTIFYING SU CH PARKING SPACE AS RESERVED FOR USE BY PERSO NS WITH DISABILITIES . 17 . PART 14 , SECTION 140l(ll RECKJ,ESS ORMNG THE LAST SENTENCE , "A PERSO N CONVICTED OF RE CKLESS DRJVING OF A BI CYCLE OR MOTORIZED BICYCLE SHALL NOT BE SU BJECT TO THE PROVI SIONS OF SECTION 42-2-12 7, C.R.S." IS DELETED . 18 . PART 14 , SECTIO N 1401 (2) RECKLESS ORMNG · PE N \I TY IS DELETED . 19 . PART 14 , SECTIO N 1402 O l CARELESS ORM NG THE LAST SENTE NC E, "A PERS ON CO NVI CTED OF CARELE SS DRIVI NG OF A BI CYCLE OR MOTORIZED u .C YCLF SHALL NOT BE SUBJECT TO THE PROVISI ONS OF SEC TIO N 42-2-127 , C.R.S." IS DELETED . • -6 - • • 20 . PART 14, SECTION 1402 (2) CARELESS DWYJNO · PENALTY JS DELETED. 21. PART 14 , SECTION 1409 COMPUI,'lORY INSUR.6,NCE JS AMENDED TO ADD THE FOLLOWING SUBSECTIONS: (7) UPON CONVICTION THEREOF, THE DEFENDANT SHALL BE PUNlSHED BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS ($100.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500 .00), AND, IN ADDITION , THE COURT MAY IMPOSE IMPRISONMENT FOR NOT MORE THAN ONE HUNDRED EIGHTY (180) DAYS. THE FINE IMPOSED BY THIS SECTION SHALL BE MANDATORY , AJ-ID THE COURT SHALL NOT SUSPEND SAID FINE, iN WHOLE OR IN PART, UNLESS IT JS ESTABLISHED TH'T APPROPRIATE INSURANCE AS REQUIRED UNDER SECTIONS 10-4-705 AND 10-4-716, C.R.S . HAS BEEN OBTAINED . (91 UPON A SECOND OR SUBSEQUENT CONVICTION UNDER THlS SECTION \VlTHJN A PERIOD OF TWO (2 ) YEARS FO'.,LOWING A PRIOR CONVICTION UNDER THIS SEC'l10N. THE DEFENDANT SHALL BE PUNlSHED BY A FINE OF NOT LESS THAN TWO HUNDRED DOLLARS ($200.00) NOR MORE T'lAN FIVE HUNDRED DOLLARS ($500.001, AND , IN AD!JITION, THE 'COURT MAY IMPOSE IMPRISONMENT lN THE COUNl'Y JAJL FOR NOT LESS THAN TEN (10) DAYS NOR MORE THAN ONE HUNDRED EIGHTY (180) DAYS. THE FINE IMPOSED BY THIS SECTION SHALL BE MANDATORY , AND THE COURT SHALL NOT SUSPEND SAJD FINE, IN WHOLE OR IN PART, UNLESS IT JS ESTABLISHED THAT APPROPRIATE INSURANCE AS REQUIRED UNDER SECTIONS 10-4-705 AND 10-4-716, C.R.S . HAS BEEN OBTAINED. 22 . PART 14 , SECTION 1412 OPERATION OF BICYCLES AND OTHER HUMAN -POWERED VEHICLES IS AMENDED TO ADD THE FOLLOWING S U BSECTIONS: 02) THE PARENT OF ANY CHILD OR GUARDIAN OF ANY WARD SHALL NOT AUTHORIZE OR KNOWI NGLY t'ERMIT ANY C HILD OR WARD TO VIOLATE ANY OF THE PRov1;,10Ns OF THIS SECTION . (13 ) IT IS UNLAWFUL FOR ANY PERSON Tv DO ANY ACT FORB~DDEN OR FAIL TO PERFORM ANY ACT REQUIRED IN THIS ARTI CLE . 23 . PART 17, SECTIO!\ 170H3l TRAFFIC OFFENSES CLASSJFJE D- SCHEDU LE OF FJISES (REGARDING F INE SC HEDULES ) IS DELETED . 24 . PART 17, SECTI Q:-; 1 i09 PENA! TY ASSESSM ENT S -7 - IS DELETED. 25. PART 17,SECl'ION 1710 FAILURE TO PAY PENALTY IS DELETED. 26 . PART 17 , SECTION 1.716 (1) NOTICE TO APPEAR OR PAY FINE - FAILUBE TO APPEAR -PENALTY IS AMENDED TO REAL AS FOLLOWS: (1) FOR THE PURPOSES OF THIS CODE, TENDER BY AN ARRESTING OFFICER OF THE SUMMON!' SHALL CONSTITUTE NOTICE TO THE VIOLATOR TO APPEAR IN COURT OR AT THE VIOLATIONS BUREAU WITHIN THE TIMES AND DATES SPECIFIED ON SUCH SUMMONS. 27 . PART 17 , SECTION 1717 CONYICTION-A'ITENDANCE AT DRIVER IMPROVEMENT SCHOOL THE PHRASE "LOCATED AND OPERATING IN THE COUNTY OF THE DEFENDANT'S RESIDENCE AND ... • IS DELETED. 11-1 -2: APPLICATION AND INTERPRETATION OF REGULATIONS : A. APPLICATION nus CHAPTER SHALL APPLY TO EVERY STREET, ALLEY , SIDEWALK AREA , DRIVEWAY , PARK AND TO EVERY OTHER PUBLIC WAY , OR PUBLIC PLACE, OR PUBLIC PARKING AREA, EITHER WlTHIN Oil OUTSIDE THE CORPORATE LIMITS OF THIS MUNICIPALITY, Tffi: USE OF WHI CH THIS MUNICIPALITY HAS ,IURISDICTION AND AU'l'HORITY TO REGULATE . THE PROVISIONS OF SECTIONS 1401 -CARELESS, 1402 -R:';CKLESS , 606 -UNAUTHORIZED SIGNS OR DEVICES , AND 1413 - ELUDING OF ARTICLE l OF THE ADOPTED MODEL TRAFFI C l''JDE; AND 11-1 -9 CB) E .M.C. · INVESTIGATION OF TRAFFIC ACCIDENTS; RESPECTIVELY, CONCERNING RECKLESS DRIVI NG. CARE LESS DRIVI NG. UNAUTHORIZED SIGNS OR DEVICES, ELUDING PO LI CE AND ACCIDENT INVESTIGATION SHALL APPLY NOT O:-.'LY TO PUBLI C PLACES AND WAYS BUT ALSO THROUG HO UT THIS MUN ICIPALITY . B. ll/1'ERPRE1 AT ION THIS CHAPTER ::l HALL BE SO INTERPRETED AND CON STRUED AS TO EFFECTUATE ITS GENERA... 1'URPOSE TO CONFORM WlTH THE STATE'S UNIFORM SYSTEM FOR THE REG ULATION OF VEHICLES AND TRAFFIC . ARTI CLE AND SECTION HEADI NGS OF THE ORDINANCE ARE ADO PTED. THE l.':J DEL TRAFFI C CODE SHALL NOT BE DEEMED TO GOVERN , LIMIT, MODIFY OR IN ANY MANNER AFFECT THE SCOPE, .,lEANING OR D.'TENT OF THE PR OVISIONS OF ANY ARTICLE OR SECTIO!s' THEREOF. -8- • • • • 11-1-3: TRAFFIC ENGINF.ER: 11·1·3•1: Ul'l'l.CE ESTABIJSHED: A. THE OFFICE OF THE TRAFFIC ENGINEER IS HEREBY ESTABLISHED . THE TRAFFIC ENGINEER SH..U BE APPOINTED BY THE CITY MANAGER OF nns MUNICIPALITY AND SHALi. EXERCISE THE POWERS AND Dl.ITIES PROVIDED IN THIS CODE . 11· 1·3•2: DUTIES AND POWERS OF TRAFFIC ENGINEER: A. EXCEPT AS PROVIDED HEREIN , IT SHALL BE THE GENERAL DUTY OF THE TRAFFIC ENGINEER "O DETERMINE THE INSTALLATION AND PROPER TIMING AND MAINTENANCE OF OFFICIAL TRAFFIC -C ONTROL DEVICES , TO CONDUCT ANALYSES OF TRAFFIC ACCIDENTS AND TO DEVISE REMEDIAL OR CORRECTIVE MEASURES, TO CONDUCT INVESTIGATION OF TRAFFIC CONDITIONS. TO PLAN THE OPERATION OF TRAFFIC ON THE STREETS AND HIGHWAYS OF THIS MUNICIPALITY, AND TO COOPERATE \VITI'. OTHER MUNICIPAL OFFICIALS IN THE DEVELOPMENT OF W.\YS AND MEANS TO IMPROVE TRAFFIC CONDITIONS , AND TC CARRY our SUCH ADDITIONAL POWERS AND DUTIES AS ARE IMPOSED BY THIS CODE . B. 1'HE DETERMINATION OF THE TRAFFIC ENGINEER SHALL STA.ND EXCEPT WHERE THE ENGLEWOOD CITY COUNCIL DE CIDES A DIFFERENT DETERMINATION WOULD BE REQUIRED TO PROTECT THE HEALTH , SAFETY OR WELFARE OF t:NGLEWOOD CITIZENS AND PUBLI C IN GENERAL , AFTER HOLDING A PUBLIC HEARING ON THE MATTER WHERE TESTIMONY SHALL BE RECEIVED . C. BY WAY OR EXAMPLE , Bl.IT NOT BY WAY OF LIMITAT ION , THE TRAFF IC ENGINEER JS HEREBY EMPOWERED AND AUTHORIZED , CONSISTENT WITH THE PROVISIONS OF THI S CO DE , TO ACT AS FOLLOWS : I. INST ALL , MAINTAIN , AN D REMOVE TRAFFI C-CONTROL DEVICES ; 2. DE SIGNA'fE AND MARK MEDIANS AND TRAFFIC IS LA!sDS : 3. CON DUCT SPEED ZO NING STU DIES AND POST SPEED LIMITS AS P:<:RMITTED BY LAW ; 4. DESIGNATE MINIMUM SPEED AS PROVIDED BY LAW ; 5. REGULATE SPEED AND TRAFF IC MOVEMENT BY TRAFFI C SIGNALS AND PROVIDE FOR THE SYNC HR ON IZATION OF SUC H SIGNALS WHEREVER PRA CTI CABLE ; 6. DES IGNA TE 0:-IE -WAY ST REET S AN D f<OADWAYS ; .9. 7. DESIGNATE THROUGH S'I'REETS OR ROADWAYS AND t:t CONTROL ENTRANCES THERETO; 8 . DESIG NATE STOP OR YIELD INTERSECTIONS AND ERECT STOP OR YIELD SIGNS THEREAT; 9 . ESTABLWH RESTRICTIONS, PROHIBITIONS, AND REGULATIO NS FOR 't'HE PARKING , STANDING , OR STOPPING OF VEHICLES; 10. DESIGNATE SPECIAL PARKING ZONES FOR TAXICABS, PRESS , TELEVISION , RADIO CARS, AND THE LIKE ; 11 DESIGNATE PARKING METER ZONES AND ESTABLISH TIME LIMITATIO NS THEREIN BASED ON AN ENGINEERING AND TRAF"FIC 11'-vESTIGATION; 12 ESTABLISH TOW-AVl,\Y ZONES ; 13 . DESIGNATE U PO N WHAT STREETS, IF ANY . ANGLE PARKING SHALL BE PERMITTED ; 14 . DESIGNATE AND SIGN INTERSECTIONS AT WHICH DRIVERS SHALL NOT MAKE A RIGHT OR LEFT TURN , AU TURN , OR AXY TURN , AT ALL TIMES OR DURING CERTAlK TIMES; 15. DESIGNATE AND SIGN INTERSECTIO NS WHERE MULTIPLE • TU!u'<S SHALL BE i\l,LOWED; 16 . MARK CENTERLINES AND LANE LI NES AND PLACE OTHER PAVE MENT ~KINGS NECESSARY FOR THE REGULATION AND CONTROL OF TRAFFIC; 17 . INSTALL nSD MAINTAIN CROSSWALKS AT INTERSECTIONS OR OTHER PLACES WHERE THERE IS PARTICUL.\R DANGER TO PEDESTRIANS CROSSING THE RO ADWAY . 18 . ESTABLISH SAFETY ZONES AT SUCH PLACES WHERE :SECESSARY FOR PEDESTRIAN PROTECTION ; 19. JKSTALL PEDESTRI AN-CONTROL SIGNALS AND DESIGNATE THOSE CROSSINGS WHERE ANGLE CROSSING BY PEDESTRIANS SHALL SE PERMJTT ED ; 20 . ESTABLISH PLAY STREETS ; 21 ES TABLISH TRUCK l':OUTES AND TRUCK LOADING ZOKES ; ESTABLISH BUS STOPS AND TAXICAB STANDS ; • · I 0- ,· • • • 22. DESIGNATE AND SIGN THOSE STREETS AND ROADWAYS WHERE PEDESTRIANS, BICYCUSTS OR OTHER NON- MOTORIZED TRAFFIC, OR PERSONS OPERATING A MOTOR-DRIVEN CYCLE SHALL BE EXCLUDED AS PROVlDED BY LAW ; 23. DESIGNATE AND SIGN THOSE STREETS UPON WHICH VEHICLES OR LOADS OF A CE RTAIN WEIGHT SHALL BE PROHIBITED; 24 . PROVlDE FOR TEMPORARY STREET OR ALLEY CLOSURFS BY THE ERECHON OF BARRICADES ; 25. ISSUE SPECIAL PERMITS FOR TEMPORARY STREET CLOSURES, CURB LOADING OPERATIONS , FOR THE MOVEMENT OF VEHICLES HAVING EXCEBS SIZE OR WEIGHT AND FOR PARADES OR PROCESSIONS , ETC . 11 -1-4 : VEHICLE EMISmONS: A. VlSIBLE E~flSSIONS. NO OWNER OR OPERATOR OF ANY VEHICLE SHALL CAUSE OR PERMIT TO BE F~flITED FR0M ANY GASOUNE-POWERED ENGINE ANY VISIBLE AIR C'O NTA.MINANT(S ). SUCH EMISSIONS THAT ARE A DIRECT RESULT OF COLD-ENGINE START-UP SHALL BE EXEMPT . B. STATE CERTIFICATION REQUIREMENTS. 1. IT IS UNLAWFUL FOR ANY PERSON TO DRIVE , STOP, PARK, OR FOR THE OWNER OR PERSON IN CHARGE OF ANY VEHICLE TO CAUSE OR KNOWlNGLY PERMIT TO BE DRIVEN, STOPPED OR PARKED ON ANY STREET OR HIGHWAY WITHIN THE CITY , ANY VEHI CLE WHICH IS REQUIRED UNDER TH E LAWS OF TH E STATE OF COLORAD O TO BE INSPECTED PURSUANT TO THE AUTOMOBILE INSPE CTION AND READJUSTMENT PROGRAM. ESTABLISHED PURSUANT TO SECTIONS 42-4-306 .5 TO 42-4-316 , COLORADO REVlSED STATUTES , UNLESS SUC H VEHICLE HAS BEEN INSPECTED AT AN AUTH ORJZED INSPECTION STATION AND HAS AITACHED THERETO, IN PROPER POSITION , A VALID A.ND UNEXPIRED CERTIFICATION OF EMISSIONS CONTROL, AS REQUIRED BY THE LAWS OF THE STATE OF CO LORAD O. 2. IN ANY PROSECUTION OF THE PROVlSIO,-IS OF THIS S ECT ION, F-ROOF THAT THE VEHI CLE DESCRIBED IN THE CO MPLAI NT WAS DRIVEN , PARKED OR STOPPED I N VIOLAT ION OF THIS SECTION, TOGETHER WITH PROOF THAT THE DEFENDANT NAMED IN TH E COMPLAINT WAS AT THE TIME OF SUCH DRIVING, STOPPING OR PARIGNG , A REG ISTERED OWNER OF THE VEHICLE . SHALL CO. 'STITL"TE PR IM A FA CIE EVIDENCE THAT TH E DEFEJ\D.-\XT WA S THE PERSON WHO DR OVE, PARKED, -II - STOPPED OR KNOWINGLY PERMITTED TO BE DRNEN, STOPPED OR PARKED, SUCH UNATTENDED VEHICLE AT THE PLACE WHERE AND FOR THE TIME WHICH SUCH VIOLATION OCCURRED. I I• 1-5: SKATEBOARDS, ROLi.ER SKATES, ROLLER BLADES OR ROLLER SKIS: A. DEFINITIONS : PRIVATE PROPERTY ROLLER SKATES, ROLLER BLADES . ROLLER SKIS SKATEBOARD A'.;Y REAL PROPERTY NOT OWNED BY ANY GOVERNMENTAL ENTITY AND WHICH NO GOVERNMENTAL ENTITY HAS ANY LEGAL OR EQUITABLE INTEREST THEREIN. IT SHALL INCLUDE ANY PRIVATE PROPERTY WHICH IS US::D BY THE GENERAL PUBLIC FOR P.,c'lKING PURPOSES. A SHOE WITH S!i ,.tL WHEELS ATTACHED TO ITC.' A RUNNER MADE FROM WOOD, ME'i'AL, PLA:.-TIC OR SIMILAR MATERIAL ATTACHED TO A FRAME USUALLY SHAPED TO FIT TH E SOLE OF A SHOE OR FOOTWEAll , WITH SMALL WHEELS ATTACHED USED FOR GLIDING OR SKATING ON HARD SURFACES USUALLY FLOORS , STREETS. SIDEWALKS, PARKING LOTS AND SIMILAR PLACES . . A SHORT, NARROW BOARD HA vlNG A SET OF USUALLY FOUR (4) ROLLER SKATE WHEELS MO UNTED UNDER IT . B. TH IS SECTION SHALL BE IN ADDITION TO SECTION 11-1 -1 (SECTIONS 109 AN D 1412 OF THE 1995 MODEL TRAFFIC CODE ). C. IT SHALL BE UNLAWFU L FOR ANY PERSON TO OPERATE OR RIDE A SKATEBOARD. ROLLER SKATES OR ROLLER SKIS IN ANY OF THE FOLLOWING PLACES : 1. ON ANY PUBLIC PROPERTY WHERE S IG NS ARE POSTED PROHIBITING SUCH USE, AND AS PROHIBITED I N ENG LEW OOD MUNICI PAL CO DE SECTION 11 ·1·1 (SECTIONS 109 AND 141 2 OF THE 1995 MODEL TRAFFIC CODE). 2 . ON PRIVATE PROPERTY , UNLESS PERMISSION HAS BEEN GIVEN BY THE OWNER. LESSEE OR PERSON I N CHARGE OF THE PROPERTY. · I 2- • • • • • • D . OPERATORS OF SKATEBOARDS, ROIJ..ER SKATES, ROLLER 13LADE!1, OR ROIJ..ER SKIS SHALL YIELD THE RIGHT OF WAY TO OTHER PEDESTRIANS USING CITY SIDEWALKS, AND SHALL NOT •JTHERWISE ENDANGER OR INTERFERE WITH PEDESTRIAN TRAFFIC ON THOSE SIDEWALKS. 11-UI: PARK.ING RESTRICTIONS: A . !W'i.ULA1'lONS NOT EXCLUSIVE THE PROVISIONS OF THIS SECTiLlN IMPOSING RESTRICTIONS ON PARKING SHALL NOT RE LIEVE ANY PERSON FROM THE DUTY TO OBSERVE OTHER AND MORE RESTRICTIVE PROVISIONS PROHIBITING OR LIMITING THE STOPPING, STANDING OR PARKING OF VEHICLES IN SPECIFIED PLACES, J..T SPECIFIED TIMES. OR IN A SPECIFIED MANNER (SEE ALSO PART 12 OF THE 1995 MODEL TRAFFIC CODE, AS ADOPTED AND 15-5-1 ET. SEQ . E .M.C.) B lli:l"HODS OF PARKTtiQ I. PARKING IN ALLEYS (&) NO PERSON SHALL PARK A VEHICLE WITHIN AN ALLEY EXCEPT DURING THE NECESSARY AND EXPEDITIOUS LOADING AND UNLOADING OF MERCHANDISE OR FREIGHT . (b) ;,IQ PERSON SHALL STOP, STAND OR PARK A VEHICLE WITHIN AN ALLEY IN SUCH POSITION AS TO BLOCK THE DRIVEWAY r;N'f'RANCE TO ANY AB U'fT:NG PROPERTY . 2 PARKI NG NOT TO OBSTRU CT TRAFFIC OR MAJNJ.i,;,N,Afil;E N O PERSON SHALL PARK ANY VEHICLE UPON A STREET OR HIGHWAY IN SUCH A MANNER OR UNDER STJGH co:,DJTI ONS Af TO INTERFERE WJ'l'H THE FREE MOVEMENT OF VEHICULAR TRAFFI C OR PROP£R STREET OR HIGHWAY MAINTEN A 'CE . 3 CLEAR:\NCE BETIYEEN VEHICLES NO PERSON S HALL STAl'l,"D OR PARK A VEHJCLE IN SUCH A MANNER AS TO LEAVE LESS TH AN TWO (2 \ FEET CLEARAN CE BET\\'EEN VEHICLES WH E . l;'ARKED . WAIT ING FOR P:\RKING SPA CE BEI NG CJ.EAREll THE DRIVER OF A VE HI CLE. WHILE WAITING FOR A PARn.l NG SPACE TO BE CLEARED BY ANOT!-iER VEHIC LE WHI CH IS 1:-S THE ACTUAL P ROCESS OF LEA\llNG TH E PARKI NG SPACE, S HALL ST OP o;, THE ROAD WAY SIDE OF Al'1 D Dn!EDIATELY T O THE REAR OF THE VEH IC LE AND SHALL REMAIJ\ IN SUC H POSI T IO:-S \;~TIL THE PARKl'.'IG SPACE HAS BEEN CLEARED -I 3- C . SIOEEIMG SIAMUIMG QB PABKltlG BESIBICIIQMS 1. QBEDIEMCE IQ SIQem!G SIAMDIMG QB EABKil:IG • BEGULAIIQMS' 0"' .NY STREET OR AT ANY PLACE WITHlN THIS MUNICIPAL.n I WHERE OFFICIAL SIGNS ARE POSTED BY THE TRAFFIC ENGINEER OR DESIGNEE GIVING NOTICE OF STOP PING , STA?\'DING OR PARKING RESTRICTIONS OR PROHIBITIONS , NO PERSON SHALL STOP, STAND OR PARK A VEHICLE IN ANY MANNER IN VIOLATION OF THE PROVISIONS CONTAINED ON SUCH SIGN OR SIGNS EXCEPT WHEN NECESSARY TO AVOID CONFLICT WITH OTHER TRAFFIC , OR IN COMPLIANCE WJTH THE DIRECTIONS OF A POLICE OFFICER OR OFFICIAL TRAFFIC CONTROL DEVICE OR EXCEPT FOR THE PURPOSE OF LOADING OR UNLOADING PASSENGERS WHEN SUCH STANDING DOES NOT OBSTRUCT, IMPEDE OR ENDANGER ANY TRAFFIC . 2. EMEBGEMCY SIQEEIMG QR EABK!MG QMLY WHEN OFFICIAL SIGNS ARE ERECTED GIVING NOTICE THEREOF NO PE RSON SHALL STOP, STAND OR PARK A VEHICLE ON THE SHOULDER OF ANY HIGHWAY OR ANY OTHER F AC ILITI' SO MARKED EXCEPT IN CASE OF EMERGENCY INVOLVING THE VEHICLE OR ITS OCCUPANTS . 3 . EA.BF.I NG Iii SEECIAI, ABF-AS IN ADDITION TO THE RESTRICTIONS ON PARKING IN SECTION 1204 OF THE "MODEL TRAFFIC CODE" , 1995 EDITION , THERE SHALL BE • NO STOPPING , STANDING , OR PARKING IN THE FOLLOWING AREAS EXCEPT WHEN NECESSARY TO AVO ID CON FLI CT WITH OTHER TRAFFIC OR IN COMPLIANCE WITH THE DIRECTIONS OF A POLICE OFFICER OR AN OFFICIAL TRAFFIC CONTROL DEVICE : (a ) MARKED FIRE LANES . (b l BETWEEN THF. SIDEWALK AND THE STRE ET CURB IN THE STREET RIGHT-O F-WAY . 4 . ~IAtlDl!::lG ltl EASSEtlQEB LQADl!::lQ ZQtlE i ,O PERSON SHALL STAND A VEHJCLE FOR ANY PURPOSE OR PERIOD OF TIME OTHER THAN FOR THE EXPEDITIOUS LOADING OR UNLOADI NG OF PASSENGERS I N ANY PLACE OFFICIALLY MARKED AS A PASSENGER LOADING ZONE DURING HO URS WHE N THE RE GULA TIO NS APPLICABLE TO SUCH LOADING ZONE ARE EFFECTIVE AND THEN ONLY FOR A PERIOD NOT TO EXCEED 3 MINUTES . • • • s. STANDING IN LOADING ZONE (al NO PERSON SHALL STAND A VEffiCLE FOR ANY PURPOSE OR LENGTH OF TIME OTHER THAN FOR THE EXPEDITIOUS UNLOADING AND DELIVERY OR PICKUP I.ND LOADING OF MATERIALS IN ANY PLACE OFFICIALLY MARKED AS A LOADING ZONE DURING HOURS WHEN THE PROVISIONS APPLICABLE TO SUCH ZONES ARE IN EFFECT . (bl IN NO CASE SHALL THE STANDING FOR LOADING AND UNLOADING OF MATERIALS EXCEED 30 MINUTES . 6. PERMITS FOR LOADING ZONES WHENEVER SPECIAL PERMITS ARE ISSUED , BY THE TRAFFIC ENGINEER, TO ESTABLISH OR CONTROL THE USE OF LOADING ZONER OR TO ALLOW THE BACKING OF A VEH1CLE FOR THE PUHPOSE OF LOADING OR UNLOADING MERCHANDISE OR MATERIALS SUBJECT TO CERTAIN CONDITIONS, NO PERMITTEE OR OTHER PERSON SHALL VIOLATE AN'{ OF THE SPECIAL TERMS OF ANY SUCH PERMITS . 7 . TAXICAB f:TANDS REGULATED (n ) THE OPERATOR OF A TAXICAB SHALL NOT STAND OR PARK SUCH VEH1CLE UPON ANY STREET AT ANY PLACE OTHER THAN IN A TAXICAB STAND SO DESIGNATED AS AUTHORIZED BY THE TRAFF IC ENGINEER . (b l THIS PROVISION SHALL NOT PREVENT THE OPERATOR OF A TAXICAB FROM TEMPORARILY STOPPING IN ACCORDANCE WITH OTHER PARKING , STANDING OR STOPPING REGULATIONS AT ANY PLACE FOR THE PURPO SE OF AND WH1LE ACTUALLY ENGAGED IN THE EXPEDITIOUS LOADING OR UNLOADING OF PASSEN GER S. D YALlD t'L ATES AND REGISTRATION REQUIRED 11' IS UNLAWFUL FOR !.NY PERSON TO PARK OR STAND ANY MOTOR VEHICLE OR TRAILE R UPON ANY STREET OR UPON ANY PRIVATE PROPERTY AVAIi.ABLE FOR PUBLIC USE IN THIS CITY THAT DOES NOT HAVE CURRi:1''T VALID VEH ICLE LICENSE PLATE S ANl• VEHICLE REG ISTRATION IN CONFOilMITI' WITH THE LAWS OF THE STATE OF PLATE ISSUANCE . E. PARKING MOTOR VE HJ CI ES IN PRIVATE PARKING LOTS WHERE PRIVATE PROPERTY OR A PORT ION THEREOF , IS DEVOTED TO THE PURPOSE OF PARKING MOTOR VEHICLES , AND WHERE THE OWNE R OR OTHER AUTHORIZED PERSON HAS ESTABLISl'ED PARKING RESTRICTIONS ON SAID PROPERTY , WHICH RESTR ICTIONS ARE PROMINENTLY POSTED SO AS TO GIVE NC1JCE THEREOF, IT SHALL BE UNLAWFUL FOR ANY PERSO N TO PARK QR TO STAN D A VEHICLE , WHETHER OCCUPIED OR Nf\T . IN \'IOLATION OF THE PARKING RESTRICTIONS SO POSTED . -15- F. BUS STOPS REGULATED (!) THE OPERATOR OF A BUS SHALL NOT STAND OR PARK SUCH VEHICLE UPON ANY STREET AT ANY PLACE OTHER THAN A BUS STOP SO DESIGNATED AS AUTHORIZED DY THE TRAFFIC ENGINEER . (2) THE OPERATOR OF A BUS SHALL NO'r STOP SUCH VEHICLE UPON ANY STREET AT ANY PLACE FOR THE PURPOSE OF LOADING OR UNLOADING PASSENGERS OR THE IR BAGGAGE OTHER THAN AT A BUS STOP SO DESIGNATED AS AlITHORIZED BY THE TRAFFIC ENGINEER, EXCEf 1' IN CASE OF AN EMERGENCY . (3) THE OPERATOR Ot• A BUS SHALL ENTER A BUS STOP ON A PUBLIC STREET IN SUCH A MANNER THAT THE BUS , WHEN STOPPED TO LOAD OR UNLOAD PASSENGERS OR BAGGAGE , SHALL BE IN A POSITION WITH THE RI GHT FRONT WHEEL OF SUCH VEHICLE NOT FURTHER THAN 18 INCHES FROM THE CURB AND THE BUS APPROXJMATELY PARALLEL TO THE CURB SO AS NOT TO UNDULY IMPEDE THE MOVEMENT OF OTHER VEHICULAR TRAFFIC . G. RESIDENTIAL ON-STREET PARKJNG PERMITS AND FEES I. PEfil1lI.S WHEN THE CITY TRAFFIC ENGINEER HAS DESIGNATED AND ESTABLISHED TIME LIM ITATIONS ON VEHICLE PARKJNG ON STREETS IN RESIDENTIAL AREAS , THE CITY MANAGER. OR HIS DESIGNEE, MAY, UPON APPLICATION . ISSUE UP TO TWO (2) OWNERS' PERMITS TO RESlllENTS OF SUCH AREAS WHO OWN AND/OR OPERATE A MOTOR VEHICLE ALLOWING SAID VEHICLE TO BE PARKED IN THE BLOCK ON WHICH THE OWNER OF SAID VEHICLE RESIDES AS IF THERE WERE NO TIME LIMITATION RESTRICTIONS ON SAID PARKING . THE PERMIT SHALL BE FOR A TWO -YEAR PERIOD . THE PERMIT SHALL BE AFFIXED TO THE LOWER LEFT-HAND CO RNER OF THE REAR WINDOW OF SAID VEHICLE, OR IN A LOCATION ON THE VEHICLE APPROVED BY THE CITY MANAGER , OR HIS DESIGNEE . THIS PROVISION SHALL NOT APPLY TO METERED PARKING SPACES WHERE PARKING METER ZONES HAVE BEEN ESTABLISHED . A RESIDENT OF SUCH AREA MAY OBTAIN TWO (21 VISITOR PARKING PERMITS TO BE ISSUED BY THE CITY . THE PERMIT SHALL BE FOR A TWO -YEAR PERIOD OF TIME AND SHALL BE ISSUED FOR NO FEE . THE PERMIT SHALL BE ISSUED FOR A SPECIFIC BLOCK AND ADDRESS AND SHALL ONLY ALLOW A VISITOR TO COME TO THE BLOCK THAT HAS BEEN ISSUED THE VISITOR PARKING PERMIT . THE PERMIT SHALL BE DISPLAYED ON THE VISITOR VEHICLE IN THE FRONT LEFT -HAND <DRIVER'S ) WINDSHIELD . IF A PERMIT IS LOST , STOLEN , OR A RESIDENT 'S VEHICLE IS SOLD , A REPLACEMENT PERMIT ~fAY BE PURCHASED , AND IN THE CASE OF VISITORS ' PERMITS . TWO (21 REPLAC EME NTS WILL BE ALLOWED EACH YEAR . -I 6- • • • • • • 2. FEES NO FEE SHALL BE CHARGED FOR A PERMIT ISSUED FOR A VEHICLE OWNED BY A RESIDENT AT THE AREA. NO FEE SHALL BE CHARGED FOR TWO (2) VISITOR PERMITS . THE COST OF ALL REPLACEMENT RESIDENT AND VISITOR PERMITS SHALL BE SET BY COUNCIL RESOLUTION . H. PARKING FOR CERTAIN PURPOSES PROHIBITED NO PERSON SHALL PARK A VEHICLE UPON A ROADWAY FOR THE PRINCIPAL PURPOSE OF : 1. DISPLAYING SUCH VEHICLE FOR SALE; 2. WASHING , GREASING, PAINTING , OR REPAIRING SUCH VEHICLE EXCEPT REPAIRS NECESSITATED BY AN EMERGENCY ; 3 . DISPLAYING ADVERTISING . 11-1-7: MCYI'QRVEHICLENOISE MUFFLERS , PREVENTION OF NOISE . IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE , OR FOR THE OWNER TO CAUSE OR KNOWINGLY PERMIT THE OPERATION OF, ANY VEHICLE OR COMBINATION OF VEHICLES WITHIN THIS MUNICIPAUTY, WHICH VEHICLE IS NOT EQUh'E!l WITH AN ADEQUATE MUFFLER IN CONSTANT OPERATIL:l". AND PROPERLY MAINTAINED TO PREVENT ANY UNNECESSARY NOISE , AND NO SUCH MUFFLER OR EXHAUST SYSTEM SHALL B!> MODIFIED OR USED WITH A CUTOFF, BYPASS OR SIMILAR DEVICE . NO PERSON SHALL MODIFY THE EXHAUST SYSTEM OF A MOTOR VEHICLF !.'II AN 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 . 11-1 -8: MISC:,EIJ,ANEOUS ROAD RULES PERMITS REQUJRED FOR PARADES OR PROCESSIONS NO FUNERAL PRO CESSION OR PARADE EXCEPT THE FORCES OF THE UNITED STATES ARMED SERVICES , THE MILITARY FORCES OF THIS STATE , AND THE FORCES OF THE POLICE AND FIRE DEPARTMENTS, SHALL OCCU PY . MAR CH OR PRO CEED ALONG ANY STREET IN THIS ~lUN ICIPALITY EXCE PT IN AC CORDANCE WITH A PERMIT ISSUED BY THE TRAFFI C ENGINEER, AND IN CCJMPLIANCE WITH SUCH OTHER REGULATIONS AS ARE SET FORTH IN THIS CODE WHI CH MAY APPLY . -17- 11-1-9: TllAffiC ADMINl8TRATIQN A. TRAFFIC PJITIES OF POLICE DMSION rr SHALL BE THE DlITY OF THE POLICE DMSION TO ENFORCE THE PROVISIONS OF THIS CODE AND THE STATE VEHICLE LAWS APPLICABLE TO TRAFFIC IN THIS MUNICIPALITY, '£0 MAKE ARRESTS FOR TRAFFIC VIOLATIONS , TO INVESTIGATE TRAFFIC ACCIDENTS , TO COOPERATE WITH THE TRAFFIC ENGINEER AND/OR OTHER OFFICIALS OF THIS MUNICIPALITY IN THE ADMINISTRATION OF THIS TRAFFIC CODE AND IN DEVELOPING WAYS AND MEANS TO IMPROVE TRAFFIC CONDITIONS, AND TO CARRY OUT THOSE DUTIES SPECIALLY IMPOSED BY THIS CODE. B . INVESTIGATION OF TRAFFIC ACCIDENTS IT SHALL BE THE DlITY OF THE POLICE DIVISION TO INVESTIGATE TRAFFIC ACCIDENTS OCCURRING WITHIN THIS MUNICIPALITY EITHER BY l l\'YESTIGATION AT THE TIME OF OR AT THE SCENE OF THE ACC IDENT OR THEREAFTER BY INTERVIEWING PARTICIPANTS OR WITNESSES. TO ISSUE Slr:illl!ONSE~ AND PENALTY ASSESSMENT NOTICES FOR TRAFFIC VJOLATIONS IN CONNECTION WITH TRAFFIC ACCiDENTS, AND TO ASSIST IN THE PROSECUTION OF THOSE PERSONS CHARGED WITH VIOLATION S OF LAW OR ORDINANCE CAUSING OR CONTRIBUTING TO ACCIDENTS . 11 -1-10: PENALTIBS: THE FOLLOWING PENALTIES , HERE\VlTH SET FORTH IN FULL, SHALL APPLY TO THIS CHAPTER : A. IT IS UN LAWFUL FOR ANY PERSON TO VIOLATE ANY OF THE PROV ISIONS STATED OR ADOPTED IN THIS CHAPTE R. B. EVERY PERSON CONVlCTED OF A VIOLATION OF ANY PROVISION STATED OR ,1 DOPTED IN THJS CHAPTER SHALL BE PU NISHED BY A FINE NOT EXCEEDING FIVE HUNDRED DOLLARS ($500.00 ), OR BY IMPRJSONMENT NOT EXCEEDING ONE HUNDRED EIGHTY (180 ) DAYS , OR BY BOTH SUCH FINE AND IMPRISONMENT. ~. Safety Clauses The City Council , hereby find s , determines, and declares that thi s Ordin ance is promulgated und er the gene ral police JXlWer of i...'-~ Ci ty of Englewood , that it is promulgated for the health, safety, and welfare of ,,,,, publi c, and that thi s Ordinance is necessary for the pre servation of h enlth and safety and fo r the protection of publi c cc,nvenienc e and welfare. The City Co un cil furth er determ mes thnt the Ordi na nce bearr a rati onal relation to the proper le~slative object sought to be obt ained . -18- • • • • • • ~ Severabilitv If any clause, aentence, p&ragraph , or part of this Ordinance or the application thereof to any person or circumab.nces ■hall for any reason be a(ljudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or involid&te the remainder of this Ordinance or its application to other persons or circumstances. ~-Any other provisions of the Englewood Municipal Code 1965, or an y seconda ry code a dopted thereby which conflicts with the provis ions of this Section are h ereby a mended to conform to the provisions of this Section unless such other Code Secti on provid es for a specifk penalty. ~. Effect of repeal or modifiPt..ia.n. Th e repeal or modification of an y provision of the Code of the City of EnglewoO.: by this O rdinance sh al l not release, '.:!Xtinr-u ish , alter , modify, or change in whole or in p'U't any penalty, forfeiture, or li ab ility, either civil or criminal , which shall have been in curred under such prov ision , and each pro,;sion shall be treated and held as still remaining in force for the purposes of sustaining any and a ll proper actions, suits, proceedings, and prosecutions for the enforce ment of the penalty, forfeiture, or liability, as w ell as fo r the i,.irpose of s ustaining any judgment, decree, or order which can or may be rende r ed, ente red, or ma d e in such actions , suits, p~eedings, or prosec utions. ~-The effec tive d at e of this Ordinance will be Nove mber 1. 1996. Introduced, read in full , and passed on fir s t reading on the 19th day of August , 1996 . Published as a Bill for an Ordinance on the 22nd day of August, 1996. Read by t itle and passed on final reading on the 3rd day of September, 1996. Published by title as Ordinance No .~ feries of 1996, on the 5th day of Se pte mber. 1996. ~ i(/4 Loucrishia A. Ellis , City Cl e1 !{ I, Loucri shin A. Elli s , City Clerk 0 1 l:.e City of Englewood, Colorado, hereby ce rtify that the above and foregoi ng is a tn.,e co~f the Ordinance pasi,ed on fin al reading and published by title as Ordinance N~, Series o 996 . -19- • COUNCIL COMMUNICATION DATE Aoaust 19, 1996 Agenda Item //o..ii" Subj ect Ordinance amending Title 11 -Model Traffic Code r INITIATED BY Safety Serv ices STAFF SOURCE Directrr A. F. Stanley Divisior, Chief Robert Moore Officer Mark Mccann COUNCIL GOAL AND f>REVIOUS COUNCIL ACTIOM To enab le the City of En ulewood to kee p pace with changing technology ; and mainta in reasonable uniformity wrtn state traffic law and the traffic ordinances of other Colorado munici palities . RECOMMENDED ACTION • Passage of the ordinance as written . BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED The changes encomp assed by this ordinance have been researched , evaluated and implemented by a committee comprised of representatives from th e City of Englewood , offices of the Court Administrator, Prosecutor, Traffic Engineer and Police Division . FINANCIAL IMPACT None . LIST OF ATTACHMENTS 1. Copy of tre proposed Chapter 11 reenactment 2. Copy of the Model Traffic Code for Colora do Municipalities, revised 1995 -Co u ncil on l y ,