HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/02/2004 - SECOND READING OF ORDINANCE NO. 031, 2004, AMENDIN ITEM NUMBER: 13
AGENDA ITEM SUMMARY DATE: March 2, 2004
FORT COLLINS CITY COUNCIL STAFF: Russ Reed
SUBJECT
Second 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 Second Reading.
EXECUTIVE SUMMARY
Originally, the Fort Collins Traffic Code allowed only a certain level of window tinting for all
vehicles, including law enforcement vehicles. Staff requested Council amend the Fort Collins
Traffic Code to exempt law enforcement vehicles from the window tinting restrictions. This
Ordinance was adopted 6-0(Mayor Pro Tern Bertschy was absent)on First Reading on February 17,
2004.
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) (1) 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 d day of March D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 2nd day of March, A.D. 2004.
Mayor
ATTEST:
City Clerk
ITEM NUMBER: 21
AGENDA ITEM SUMMARY DATE: February 17, 2004
FORT COLLINS CITY COUNCIL 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 Tint e ftr hi rs -1;�
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
Currently, the Fort Collins TraTeE c ie �a-. Neqt'
egain level of window tinting for
all vehicles,including law enf .cement hicle S g that Council amend the FCTC
to allow law enforcement vehes to b xemp roi i e w 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 promp1es the spc-gessful ap rehensionof aggressive drivers and further
enhances the effectiveness ofraffic in cem` t th t City. Further, window tinting also
allows for security of weapo and of sens v e ' ento J ment equipment by reducing the
ability of potential thieves to s*ansioe poke s. a