HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/17/2004 - FIRST READING OF ORDINANCE NO. 031, 2004, AMENDINGAGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
ITEM NUMBER: 21
DATE: February 17, 2004
STAFF: Russ Reed
SUBJECT
First Reading of Ordinance No. 031, 2004, Amending Sections 227(3) and (4) of the Fort Collins
Traffic Code Relating to Tinted Windshields.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
Currently, the Fort Collins Traffic Code (FCTC) allows only a certain level of window tinting for
all vehicles, including law enforcement vehicles. Staff is requesting that Council amend the FCTC
to allow law enforcement vehicles to be exempt from the window tinting restrictions.
Window tinting is used for several reasons on motor vehicles used and operated by law enforcement
members of the Fort Collins Police Department. The tinting allows for the safety and comfort of
the camera radar operator, who must sit for hours inside the vehicle, sometimes in the direct
sunlight, while monitoring the equipment. It also prevents harassment from individuals who find
the operation of the equipment offensive. The Larimer County drug task force and its members use
window tinting to conceal their identity and to assist during mobile surveillance activities. The Fort
Collins Police Traffic Unit uses window tinting also in its unmarked patrol cars, to conceal the
identity of the officer, which promotes the successful apprehension of aggressive drivers and further
enhances the effectiveness of traffic enforcement within the City. Further, window tinting also
allows for security of weapons and other sensitive law enforcement equipment by reducing the
ability of potential thieves to see inside the police cars.
ORDINANCE NO. 031, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 227(3) AND (4)
OF THE FORT COLLINS TRAFFIC CODE
RELATING TO TINTED WINDSHIELDS
WHEREAS, at the time of the adoption of the Fort Collins Traffic Code, it was the
understanding of staff and Council that the Traffic Code would most likely be subject to future
amendments; and
WHEREAS, Fort Collins Police Services utilizes vehicles with windows that have been
tinted beyond the limits set forth in the Fort Collins Traffic Code; and
WHEREAS, such tint on the windows is beneficial and desirable for effective law
enforcement and the protection of City property from possible theft; and
WHEREAS, it is Council’s desire to amend the Fort Collins Traffic Code to include a
provision allowing law enforcement vehicles and personnel an exemption from the window tint
restrictions contained in Section 227(3) of the Traffic Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 227(3) of the Fort Collins Traffic Code of the City is hereby
amended to read as follows:
(3) (a) Except as provided in Paragraph (b) of this Subsection (3), any
person who violates any provision of this Section shall be punished
in accordance with Section 1-15 of the City Code.
(b) (I) Any person who installs, covers or treats a windshield or
window so that the windshield or window does not meet the
requirements of Paragraph (a) of Subsection (1) of this
Section shall be punished in accordance with Section 1-15 of
the City Code.
(II) Subsection (1)(a) through (e) of this Section shall not apply
to law enforcement vehicles, police officers, peace officers or
other law enforcement officers operating a motor vehicle
while in the performance of their official duties.
Section 2. That Section 227(4) of the Fort Collins Traffic Code is hereby amended to
read as follows:
(4) This Section shall apply to all motor vehicles, except as provided in Section
(3)(b)(II) above.
Introduced and considered favorably on first reading and ordered published this 17th day of
February, A.D. 2004, and to be presented for final passage on the 2nd day of March, A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 2nd day of March, A.D. 2004.
Mayor
ATTEST:
City Clerk