HomeMy WebLinkAbout1999 Ordinance No. 009•
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BY AUTHORITY
ORDINANCE N0.1_
SERIES OF 1999
COUNCIL BILL NO. 7
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AMENDING TITLE 11, CHAPTERS 1 AND lB , OF THE 1985
ENGLEWOOD MUNICIPAL CODE PERTAINING TO OBEDIENCE TO OFFICIAL
TRUCK TRAFFIC CONTROL DEVICES .
WHEREAS, current violations are not separately tracked as to truck offenses but
rather are cited under official traffic control devices; and
WHEREAS, the City would like to track offenses related to failure to obey traffic
control devices; and
WHEREAS, the Englewood City Council has found that failure to obey traffic
devices by trucks is a substantial hazard; and
WHEREAS, the substantial hazard created by trucks failing to obey official truck
traffic control devices warrant a change to a traffic offe n se rather than a traffic
infraction;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby amends
Title 11 , Chapter 1, Section 1, Paragraph B , of the Englewood Municipal Code 1985
by the addition of a new Subsection (8.5) which shall read as follows:
11-1-1-(B)-(8.5). PART 6, SECTION 603 IS AMENDED BY THE ADDITION OF
A NEW PARAGRAPH (5) OBEDIENCE TO OFFICIAL TRUCK
TRAFFIC CONTROL DEVICES , WHICH SHALL READ AS
FOLLOWS: ANY VEHICLE WHICH VIOLATES OFFICIAL
TRAFFIC CONTROL DEVICES RELATING TO OR
CONCERNING TRUCK ROUTES WITHIN THE CITY OF
ENGLEWOOD.
Section 2. The City Council of the City of Englewood, Colorado hereby amends
Title 11 , Chapter lB, Section 1, of the Englewood Municipal Code 1985 by the
addition of a new Subsection (8) to the definition TRAFFIC OFFENSE which shall
read as follows:
11-lB-1: TRAFFIC VIOLATION PROCEDURES:
A. DEFINITIONS: The following words , terms and phrases, when used in this
Chapter shall have the meanings ascribed to them in this Section, except
where the context clearly indicates a different meaning. In the event of any
conflict between the Model Traffic Code and the definitions contained in this
Section, this Sect ion shall be controlling:
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• CHARGING DOCUMENT:
DEFENDANT:
JUDGMENT:
PENALTY:
TRAFFIC INFRACTION: •
TRAFFIC OFFENSE:
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Means the document commencing or
initiating the traffic violation matter
whether denoted as a complaint,
summons and complaint, citation,
penalty assessment notice , or other
document charging the person with
the commission of a traffic violation.
Means any person charged with the
commission of a traffic violation.
Means the admission of guilt or
liability for any traffic violation, the
entry of judgment of guilt or liability,
or the entry of default judgment as set
forth in Title 11 , Chapters IA or IB,
against any person for the commission
of a traffic violation.
Means that fine and/or imprisonment
imposed pursuant to Section I-4-I of
this Code.
Means every violation of any provision
of Title 11, Chapter I and this
Chapter IA, relating to traffic or any
provision of the Model Traffic Code, as
adopted or amended by the City,
except those traffic violations defined
as traffic offenses.
Means the following offenses as set
forth in this Chapter or in Article I of
the Model Traffic Code as adopted
and amended by the City:
(1) SEC. 1903 MTC: Stopping for
School Buses .
(2) SECS. llOI, 1102, 1103 , 1104
MTC: Basic Speed Rules -Including
Decreasing of Speed Limits, Altering
of Speed Limits and Elevated
Structures Speed Limits Only Where
the Speed Alleged is Greater Than I9
Miles Per Hour Over the Posted Speed
Limit .
(3) SEC. 1105 MTC: Speed
Contests/Exhibition of Speed.
(4) SEC. I40I MTC: Reckless
Driving .
(5) SEC. I402 MTC: Careless
Driving.
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TRAFFIC VIOLATION:
(6) SEC. 1409 MTC: Compulsory
Insurance-Penalty, as ame nde d by
11-1-1B(21) E.M.C.
(7) SEC. 1413 MTC: Eluding or
Attempting to Elude Police Officer.
(8) SEC. 603(5) MTC : OBEDIENCE
TO OFFICIAL TRUCK TRAFFIC
CONTROL DEVICES.
Means any violation of Title 11 ,
Chapters 1, IA or lB , whether or not
such violation i s a traffic infraction or
a traffic offense.
Section 3 . Safety Clauses . The City Council, hereby finds, determines , and
declares that this Ordinance i s promulgate d under the general police power of the
City of Englewood, tha t it is promulgated for the hea lth, safety, and welfare of the
public, and that this Ordinance is n e cessary for the preservation of health and safety
and for the protection of public convenience and welfare . The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Section 4 . Severability. If any clause , sentence , paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of comp e t e nt jurisdiction invalid, s uch judgment shall
not affe ct impair or inv alidate the r emainder of this Ordinance or its application to
other persons or circumstances.
S ection 5. Inconsiste nt Ordina nces. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any port ion hereof are hereby
repealed to the extent of s uch inconsistency or conflict.
Section 6 . Effect of repeal or modification. The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release ,
extinguish, alter, modify , or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which shall have been incurred under such provision,
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any a nd a ll prope r 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 m a de in s uch actions , s uits, proceedings, or prosecutions.
Section 7. Penalty Provision. The Penalty Provisions of E .M .C. Section 1-4-1 shall
apply to each and every violation of this Ordinance .
Introduced, read in full , and pas sed on first reading on the 1st day of February,
1999 .
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Published as a Bill for an Ordinance on the 5th day of February, 1999.
Read by title and passed on final reading on the 161h day of February, 1999 .
Published by title as Ordinance No. !J._, Series of 1999, on the 19th day of
February, 1999.
I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colo a , hereby certify
that the above and _foregoing ~s a true cop~of the _Ordinan e pa e on final reading
and pubhshed by btle as Ordmance No. _J_, Ser>es of 19 . -, ;J ~
Loucrishia A. Ellis
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