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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/06/2004 - FIRST READING OF ORDINANCE NO. 113, 2004, AMENDINGAGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 25 DATE: July 6, 2004 STAFF: Russell Reed SUBJECT First Reading of Ordinance No. 113, 2004, Amending Various Sections of the Fort Collins Traffic Code. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY This legislative session the Colorado General Assembly amended certain statutory provisions relating to seat belt use, license plates, interference with traffic control devices, red light camera use, spilling loads on highways and compulsory insurance. At the time of the adoption of the Traffic Code, it was the understanding of staff and Council that the Traffic Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Traffic Code remains consistent with state traffic laws. The proposed amendments will: 1. Provide the correct statutory citation for the definition of peace officers in the section exempting peace officers from mandatory seatbelt use. 2. Prohibit license plate covers which obscure legibility. 3. Prohibit the use of devices to change traffic lights unless authorized to do so. 4. Require that a sign be posted at a reasonable distance notifying the public that a red light camera is in use at an intersection. 5. Include recyclables and trash in the type of loads which must be secured or covered to prevent load spills. 6. Increase the minimum mandatory fine for no insurance first offenders to $500 and second offenders to $1000, with a provision that allows the court to suspend up to one half of the mandatory fine if the offender provides proof that he/she is currently insured. ORDINANCE NO. 113, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING VARIOUS SECTIONS OF THE FORT COLLINS TRAFFIC CODE WHEREAS, on February 18, 2003, by Ordinance No. 016, 2003, the Council of the City of Fort Collins adopted the Fort Collins Traffic Code (the "Traffic Code"); and WHEREAS, at the time of the adoption of the Traffic Code, it was the understanding of staff and Council that the Traffic Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Traffic Code remains consistent with State traffic laws; and WHEREAS, the Colorado General Assembly has amended certain statutory provisions relating to seat belt use, license plates, interference with traffic control devices, red light camera use, spilling loads on highways and compulsory insurance; and WHEREAS, the Council has determined that the Traffic Code amendments which have been proposed are in the best interest of the City and its citizens; and WHEREAS, it is Councils’ desire to amend the Fort Collins Traffic Code to reflect the changes made by the General Assembly. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 237 of the Fort Collins Traffic Code is hereby amended to read as follows: 237. Safety belt systems - mandatory use - exemptions - penalty. . . . . . (3) The requirement of Subsection (2) of this Section shall not apply to: . . . . . (c) A peace officer, level I, as defined in Section 18-1- 901(3)(1)(I)16-2.5-101, C.R.S., while performing official duties so long as the performance of said duties is in accordance with rules and regulations applicable to said officer which are at least as restrictive as Subsection (2) of this Section and which only provide exceptions necessary to protect the officer; Section 2. That Section 238 of the Fort Collins Traffic Code is hereby amended to read as follows: 238. License plates. (1) License plates assigned to a self-propelled vehicle other than a motorcycle or street rod vehicle shall be attached thereto, one (1) in the front and the other in the rear. License plates shall be so displayed during the current registration year. (2) Every license plate shall at all times be securely fastened to the vehicle to which it is assigned, so as to prevent the plate from swinging, and shall be horizontal at a height not less than twelve (12) inches from the ground measuring from the bottom of such plate, in a place and position clearly visible, and shall be maintained free from foreign materials and in a condition to be clearly legible. (3) A person shall not operate a motor vehicle with an affixed device or a substance that causes all or a portion of a license plate to be unreadable by a system used to automatically identify a motor vehicle. Such a device includes, but is not limited to, a cover that distorts angular visibility, alters the color of the plate, or is smoked, scratched or dirty so as to impair the legibility of the license plate. Section 3. That Section 607 of the Fort Collins Traffic Code is hereby amended to read as follows: 607. Interference with official devices. No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, remove or interfere with the effective operation of any official traffic control device or any railroad sign or signal or any inscription, shield or insignia thereon or any other part thereof. Using an electronic or other device, without lawful authority, that causes a traffic light to change shall constitute interference with a traffic control device for purposes of this Section. Section 4. That Section 617(2) of the Fort Collins Traffic Code is hereby amended to read as follows: 617. Use of red-light camera. . . . . . (2) As used in this Section, red-light camera shall mean a device operated by a peace officer or employee of the City, or by a contractor designated by the City, that is placed in a fixed location at a signalized intersection and that is programmed to automatically produce photographs depicting any vehicle whose driver has violated the provisions of Section 604(1)(c) at the intersection. The photographs depict the vehicle’s location in the intersection, the vehicle’s license plate and the driver of the vehicle. Printed on the photographs is the date of the violation, the approximate time of the violation and the approximate location of the violation and the speed of the vehicle. (a) In addition, the City shall conspicuously post a sign at a reasonable distance notifying the public that a red light camera is in use immediately ahead. . . . . . Section 5. That Section 1407 of the Fort Collins Traffic Code is hereby amended to read as follows: 1407. Spilling loads on highways prohibited - prevention of aggregate, trash and recyclable spills. (1) No vehicle shall be driven or moved on any highway if the vehicle is transporting aggregate material, trash or recyclables unless such vehicle is constructed or loaded or the load thereof securely covered to prevent any of its load from blowing, dropping, sifting, leaking or otherwise escaping therefrom; except that material may be dropped for the purpose of securing traction or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway. (2) (a) No vehicle shall be driven or moved on any highway for a distance of more than two (2) miles if the vehicle is transporting aggregate material with a diameter of one (1) inch or less trash or recyclables unless: (I) The load is covered by a tarp or other cover in a manner that prevents the aggregate material from blowing, dropping, sifting, leaking or otherwise escaping from the vehicle. (II) The vehicle utilizes other technology that prevents the aggregate material form blowing, dropping, sifting, leaking or otherwise escaping from the vehicle. (b) Nothing in tThis Subsection (2) shall not apply to a vehicle: (I) Operating entirely within a marked construction zone; (II) Involved in maintenance of public roads during snow or ice removal operations; (III) Involved in emergency operations when requested by a law enforcement agency or an emergency response authority designated in or pursuant to Section 29-22- 102, C.R.S.; (IV) In the process of collecting trash or recyclables within a one-mile radius of the motor vehicle’s last collection point. (3) For the purposes of this Section,: (a) aggregate material means any rock, clay, silts, gravel, limestone, dimension stone, marble and shale; except that aggregate material does not include hot asphalt, including asphalt patching material, wet concrete or other materials not susceptible to blowing; (b) recyclables means materials or objects that can be reused, reprocessed, remanufactured, reclaimed or recycled; (c) trash means materials or objects that have been or are in the process of being discarded and transported. Section 6. That Section 1409(4) of the Fort Collins Traffic Code is hereby amended to read as follows: 1409. Compulsory insurance - penalty. . . . . . (4) Any person who violates the provisions of Subsection (1), (2) or (3) of this Section commits a violation of this Traffic Code. (a) The defendant shall be punished by a minimum mandatory fine of not less than five hundred dollars ($500). The Court may suspend up to one half (1/2) of the fine upon a showing that appropriate insurance as required pursuant to Section 10- 4-619 or 10-4-624, C.R.S., has been obtained. (b) Upon a second or subsequent conviction under this section within a period of five (5) years, a minimum mandatory fine of not less than one thousand dollars ($1,000). The court may suspend up to one half (1/2) of the fine upon a showing that appropriate insurance as required pursuant to Section 10-4- 619 of 10-4-624, C.R.S. has been obtained. . . . . . Introduced and considered favorably on first reading and ordered published this 6th day of July, A.D. 2004, and to be presented for final passage on the 20th day of July, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of July, A.D. 2004. Mayor ATTEST: City Clerk