The URL can be used to link to this page

Home My WebLink About1999 Ordinance No. 044< • • • • • ORDINANCE NO . Ji SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AMENDING TITLE 11 , CHAPTERS 1, SECTION lB , OF THE 1985 ENGLEWOOD MUNICIPAL CODE PERTAINING TO HOV LANE VIOLATIONS . WHEREAS , the current Section 1012, in the Model Traffic Code does not have a section which prohibits violating the High Occupancy Vehicle Lane designation; and WHEREAS , in the past the City has cited violators for failure to obey an official traffic control device with a four (4) point violations ; and WHEREAS , the State of Colorado has amended High Occupancy Vehicle Lane Violations to be a zero (0) point offense for purposes of the Department of Motor Vehicles ; and WHEREAS , it is necessary to amend Section 1012 of the Model Traffic Code to provide a more specific High Occupancy Vehicle charge; 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 12, and renumbering the remaining Subsections accordingly, to read as follows: 11-1-1-B. The 1995 Edition 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 inapplicable to this Municipality and are therefore expressly deleted or amended: 1. Penalty Assessments-The City does not use penalty assessments for traffic violations 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, bicycles, motorized bicycles and horse-drawn vehicles or other nonmotorized traffic shall be restricted or prohibited when authorized by the Traffic Engineer and when official signs giving notice thereof are erected. -1- 3. 4. 5. 6 . 7. 8. 9. (2) For the purpose of road construction and maintenance 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 all vehicular traffic during the work project, and the traffic affected shall be guided along appropriate detours or alternative routes by official traffic control devices. (3) When signs are so erected giving 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, for the purpose of delivering or picking up materials or merchandise 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. Part 2, section 203 Unsafe Vehicles -Spot Inspections is deleted. Part 2 , section 227(3)(b) Tinted Windows is deleted . Part 2, section 236(8) Child Restraint Systems (regarding fine) is deleted. Part 5, section 510(1)(b) Permits for Excess Size and Weight and for Manufactured Homes is amended to read as follows: (l)(b) The application for any permit shall specifically describe the vehicles and load to be operated or moved and the particular 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 through its Traffic Engineer or designee . Part 5, section 510(9)(b) Permits for Excess Size and Weight and for Manufactured Homes is amended to read as follows : (9)(b) This Municipality with regard to a local permit may, through its Traffic Engineer or designee , revoke , suspend, refuse to renew, or refuse to issue any permit authorized by this section upon a finding that the holder of the permit has violated the provisions of this section, any ordinance or resolution of this Municipality, or any standards or rules or regulation promulgated pursuant to this section. Part 5, section 511 Permit Standards is deleted. Part A , section 604(1)(c)(I) Steady Red Indication is amended to read as follows: -2- . ' . . . • • • • 10. • 11. 12. -H-.13. • -l-3-.14. (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 remain standing until an indication to proceed 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 sign at each intersection where such right turn is prohibited; (B) Such vehicular traffic, when proceeding on a one-way street and after coming to a stop, may make a left turn onto a one-way street upon which traffic is moving to the left of the driver. Such turn shall be made only after yielding the right-of-way to pedestrians and other traffic proceeding as directed. No turn shall be made pursuant to this sub-subparagraph (B) if local authorities have prohibited any such left turn and erected a sign giving notice of any such prohibition at each intersection where such left turn is prohibited. Part 8 section 805(5) Pedestrians Wal.king or Traveling in a Wheelchair on Highways is amended to read as follows: (5) This Municipality may regulate the use by pedestrians of streets and highways under its jurisdiction to the extent authorized under subsection (6) of this section and sections 42-4-110 and 42-4-111 , C.R.S., but no regulation regarding such streets and highways in a manner differing from this section shall be effective until official signs or devices giving notice thereof have been placed as required by section 42-4-111(2), C.R.S. Part 10, section 1010(3) Driving on Divided or Controlled Access Highways (regarding limiting use) is amended by deleting the phrase "by ordinance consistent with the provisions of section 43-2-135(1)(g), C.R.S . ... ", in the first sentence. SECTION 1012 . HIGH OCCUPANCY VEHICLE LANES IS AMENDED BY THE ADDITION OF A NEW SUBSECTION (3): (3) NO PERSON SHALL DRIVE IN A DESIGNATED HIGH OCCUPANCY VEHICLE (HOV) LANE IN VIOLATION OF THE OCCUPANCY OR TIME RESTRICTIONS POSTED ON THE OFFICIAL TRAFFIC CONTROL DEVICE, DESIGNATING SUCH HOV LANES TRAFFIC CONTROL DEVICE. Part 11, section 1101(2) Speed Limits is amended to add a new subsection: (i) Fifteen miles per hour in any alley . Part 11, section 1102(5) Altering Speed Limits is amended to read: -3- H.15. tt.16. ±-6-.17. H.18. M.19. (5) In its discretion, this Municipality may impose and enforce stop sign regulations and speed limits, not inconsistent with the 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. Section 1202 Parking or Abandonment of Vehicles the phrase "outside of a business or residential district ... " is deleted. Part 12, sections 1205(2) and (3) Parking at Curb or Edge of Roadway are amended to read: (2) Except as authorized by the Traffic Engineer or his/her designee, 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 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-hand curb or as close as practicable to the left edge of the left-hand shoulder. (3) The local authority may, through its Traffic Engineer or designee, 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 in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. Part 12, section 1208(3)(b) and (c) Parking Privileges for Persons with Disabilities are amended to read: (b) The owner of private property available for public use may request the criteria and format information for official handicapped parking signs from the City Traffic Engineer concerning the installation of official signs identifying 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 empowered to so enforce this section, provisions oflaw to the contrary notwithstanding. (c) Each parking space reserved for use by persons 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 as reserve d for use by persons with disabilities. Part 14, section 1401(1) Reckless Driving-The last sentence, "A person convicted of reckless driving of a bicycle or motorized bicycle shall not be subject to the provisions of section 42-2-127, C.R.S." is deleted. Part 14, section 1401(2) Reckless Driving-Penalty is deleted. -4- • • • .... • -±-9-.20 . W.21. U.22. • ~.23. ~.24. B-4.25. U.26. U..27. • Part 14, section 1402(1) Careless Driving-The last sentence , "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. Part 14, section 1402(2) Careless Driving-Penalty is deleted. Part 14, section 1409 Compulsory Insurance is amended to add the following subsections: (7 ) Upon conviction thereof, the defendant shall be punished 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, and the court shall not suspend said fine, in whole or in part, unless it is established that appropriate insurance as required under sections 10-4-705 and 10-4-716, C.R.S. has been obtained. (8) Upon a second or subsequent conviction under this section within a period of two (2) years following a prior convicti on under this section, the defendant shall be punished by a fine of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00), and, in addition, the court may impose imprisonment in the county jail 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 said fine , in whole or in part, unless it is established that appropriate insurance as required under sections 10-4-705 and 10-4-716, C.R.S. has been obtained. Part 14, section 1412 Operation of Bicycles and Other Human-Powered Vehicles is amended to add the following subsections: (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 provisions of this section. (13) It is unlawful for any person to do any act forbidden or fail to perform any act required in this article. Part 17, section 1701(3) Traffic Offenses Classified-Schedule of Fines (regarding fine schedules) is deleted. Part 17, section 1709 Penalty Assessments is deleted. Part 17 , section 1710 Failure to Pay Penalty is deleted. 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 summons shall constitute notice to the violator to appear in court or at the Violations Bureau within the times and dates specified on such summons . -5- M.28. Part 17, section 1717 Conviction-Attendance at Driver Improvement School-The phrase "located and operating in the county of the defendant's residence and ... " is deleted. Section 2. Safety Clauses . The City Council, hereby finds, determines , and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety , and welfare of the public, and that this Ordinance is necessary 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 3. 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 competent jurisdiction invalid , such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 4 . Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. 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 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, suits , proceedings, or prosecutions. Section 6. 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 passed on first reading on the 19th day of July, 1999. Published as a Bill for an Ordinance on the 23rd day of July, 1999. Read by title and passed on final reading on the 2nd day of August, 1999. Published by title as Ordinance No.44, Series of 1999 , on the 6th day of August, 1999. Loucrishia A. Ellis, City Clerk -6- • • • ,., .. •' • I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance pas on final reading and published by title as Ordinance No. !l!L, Series of 199 . • • -7- ,. . • • • ._,... .,. COUNCIL COMMUNICATION Date Agenda Item Subject An ordinance amending the Englewood Municipal Code pertaining to July 19 , 1999 10 a i H.O.V. lane violations Initiated By Staff Source Department of Safety Services Division Chief Robert Moore COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Staff seeks Council support for a bill for an ordinance that will provide for more efficient enforcement of High Occupancy Vehicle (H.O.V.) lane violations, consistent with state law. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED H.O.V. lane violations are presently cited under the more general "obedience to official traffic control devices" section of the Model Traffic Code, resulting in four (4) -point driver's license assessments. Passage of this ordinance will provide specific language prohibiting H.O.V. lane violations, resulting in zero (0) -point driver's license assessments consistent with current state law. FINANCIAL IMPACT None LIST OF ATTACHMENTS Proposed bill for an ordinance