HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/15/2006 - SECOND READING OF ORDINANCE NO. 109, 2006, AMENDIN ITEM NUMBER: 10
AGENDA ITEM SUMMARY DATE: August 15, 2006
FORT COLLINS CITY COUNCIL STAFF: Sgt. Russell Reed /
Officer Scott Crumbaker/
Randy Hensley
SUBJECT
Second Reading of Ordinance No. 109, 2006, Amending Various Provisions of the Fort Collins
Traffic Code.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
The Colorado General Assembly amended certain statutory provisions this legislative session
relating to various provisions in state traffic laws. This Ordinance,which was unanimously adopted
on First Reading on July 18,2006,ensures that the Traffic Code is consistent with state traffic laws.
ITEM NUMBER: 21
AGENDA ITEM SUMMARY DATE: July 18, 2006
FORT COLLINS CITY COUNCIL STAFF: Sgt. Russell Reed /
Officer Scott Crumbaker/
dy Hensley
r
SUBJECT
First Reading of Ordinance No. 109,2006,Amending Various Provisions of the Fort Collins Traffic
Code.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
The Colorado General Ass yam ed c py
isions this legislative session
relating to various provisions i tate tra c la nsures that the Traffic Code is
consistent with state traffic law .
BACKGROUND
STATE LAW CHANGES
This legislative session the Colorado General Assembly amended certain statutory provisions
relating to restrictions on minor drivers, child restraint and seat belt use, interference with traffic
control devices, railroad crossings, exhibition of speed and speed contests, and immobilization of
vehicles. 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 to ensure that the Traffic Code remains
consistent with state traffic laws. a potho_
m wi
1. Require all occupants i otor vv a mi to be properly restrained,prohibit
more than one passeng o eat, and ohibit more passengers than there
are seat belts in the back seat.
2. Impose a minimum of eight hours of community service, a$50 fine and two points against
a minor's driver's license as a penalty for child restraint or seatbelt violations.
July 18, 2006 -2- Item No. 21
3. Require a mandatory fine of$1000 for a person convicted of using an electronic device to
change a traffic control signal when such use is the proximate cause of bodily injury to
another and also prohibits the sale or possession of such electronic devices.
4. Specify that commerc' vehiCl trans g ss s must stop at railroad crossing
grades and deletes th xempti for o crossing controlled by crossing gates and
flashing lights.
5. Allow immobilization of vehicles as a penalty for repeat violators of speed contests and
exhibition of speed, and provide a definition of speed contest and exhibition of speed. The
state law amendment also reduced the points to be assessed against a driver's license for
exhibition of speed to five points from twelve points.
HAZARD MATERIALS TRANSPORTATION
The state prohibits the transportation of hazardous waste except on certain designated routes with
various exceptions. C.R.S §42-20-106 allows local governments to adopt regulations or ordinances
relating to the transportation of hazardous materials so long as the provisions and penalties are no
more stringent than state law. Chapter 11 of the City Code currently specifies procedures for
regulating hazardous materials transportation; however, the City Code section pertaining to
deviation from authorized route lbe ' r m stringent than the state law, as
a violation of any provision Chap 1 of a it o s tion is a criminal misdemeanor
violation and the penalty in s the p ibilit o o a fin d jail sentence.
In addition,the Colorado Department of Transportation has deemed Highway 287 unsuitable for the
transportation of hazardous materials,and that such materials should not be coming through the City
of Fort Collins. Currently state traffic laws deal with the transportation of hazardous materials on
designated routes and the City of Fort Collins would benefit from a Traffic Code provision, so that
this issue can continue to be handled on a local level. The fines collected from this charge over time
could help offset the clean-up of a hazardous material spill if one did occur in Fort Collins.
OTHER CHANGES
Enforcement officers recommend the following Code amendments to provide more effective and
efficient traffic enforcement and add to an increase in traffic safety. These amendments will:
1. Require commercial trucks to vehicles to seek out and obtain clearance at the nearest port
of entry to ensure compl' it leP�11
S. erweight commercial vehicles
are a significant factor road riora g r by the City. A local provision
dealing specifically wi this iss will tha ommercial vehicles are the proper
weight, and the fines g b for hel Met some of the cost associated
with repairs from these large vehicles.
2. Provide clarification and procedures regarding failure to pay for parking in City-owned or
leased structures, surface lots and pay station spaces in order to improve enforceability.
July 18, 2006 -3- Item No. 21
3. Require license plates to be visible from a distance of 50 feet and require plates to show the
current registration year. This amendment will aid in the successful prosecution of such
violations.
4. Shorten the time frame which()epyay occur on issued citations from
thirty days to 14 days.
Staff will submit all the changes to Colorado Department of Transportation (CDOT) for approval
pursuant to statute. As the amendments are made to conform to state law and/or are particular to
the traffic needs of Fort Collins, it is anticipated CDOT will approve the amendments.
COPY
COPY
ORDINANCE NO. 109, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING VARIOUS PROVISIONS 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 purposes of clarification and correction of errors,but also to ensure that the Traffic Code remains
consistent with State law; and
WHEREAS, the Colorado General Assembly has amended certain statutory provisions
relating to restrictions on minor drivers, child restraint and seat belt use, interference with traffic
control devices, railroad crossings, exhibition of speed and speed contests, and immobilization of
vehicles; and
WHEREAS, it is Council's desire to amend the Fort Collins Traffic Code to reflect the
changes made by the General Assembly; and
WHEREAS, the state prohibits the transportation of hazardous waste except on certain
designated routes with various exceptions. C.R.S. §42-20-106 allows local governments to adopt
regulations or ordinances relating to the transportation of hazardous materials so long as the
provisions and penalties are no more stringent than state law; and
WHEREAS, state law also requires commercial trucks to seek out and obtain clearance at
the nearest port of entry to ensure compliance with vehicle loadweight; and
WHEREAS, Section 1227 relating to parking in surface lots and parking garages has, in
practice,been difficult to utilize and enforce, and Parking Services has requested that the section be
amended to clarify the section; and
WHEREAS, successful prosecution of license plate violations relating to visibility requires
a distance measure; and
WHEREAS,the Council has determined that the Traffic Code amendments which have been
proposed are in the best interest of the City and are necessary for the health, safety and welfare of
its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 116 of the Fort Collins Traffic Code is hereby amended by the
addition of a new Subsection(3)and(4)and the remaining Subsections renumbered accordingly to
read as follows:
116. Restrictions for minor drivers.
(3) Occupants in motor vehicles driven by a minor driver shall be
properly restrained or wear seat belts as required in Sections 236 and
237.
(4) No more than one(1)passenger shall occupy the front seat of a motor
vehicle driven by a minor driver and the number of passengers in any
back seat(s)of such vehicle shall not exceed the number of seatbelts.
(5) A violation of this Section is a traffic infraction, and, upon
conviction, the violator may be punished as follows:
(a) By the imposition of not less than eight (8) hours nor more
than twenty-four(24) hours of community service for a first
offense and not less than sixteen (16) hours nor more than
forty (40) hours of community service for a subsequent
offense;
(b) By the levying of a fine of not more than fifty dollars ($50)
for a first offense,a fine of not more than one hundred dollars
($100) for a second offense and a fine of one hundred fifty
dollars ($150) for a subsequent offense;
(c) By an assessment of two (2) license suspension points
pursuant to C.R.S. §42-2-127(5)(hh), C.R.S.
Section 2. That Section 236 of the Fort Collins Traffic Code is hereby amended to read
as follows:
236. Child restraint systems required- definitions - exemptions.
(6) A minor driver who violates this Section shall be punished in
accordance with Section 116(5).
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Section 3. That Section 237 of the Fort Collins Traffic Code is hereby amended to read
as follows:
237. Safety belt systems - mandatory use - exemptions - penalty.
(7) A minor driver who violates this Section shall be punished in
accordance with Section It 6(5).
Section 4. That Section 240 of the Fort Collins Traffic Code is hereby amended by the
addition of a new subparagraph(2)and the following Subsections renumbered accordingly to read
as follows:
240. 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. The number plate assigned to a
motorcycle, street rod vehicle, trainer or semi-trailer, any other
vehicle drawn by a motor vehicle or any item of mobile machinery or
self-propelled construction equipment shall be attached to the rear
thereof.
(2) License plates shall be displayed showing the current registration
year.
(3) 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 from a distance of fifty(50) feet
away, and shall be maintained free from foreign materials and in a
condition to be clearly legible.
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Section 5. That Section 509 of the Fort Collins Traffic Code is hereby amended to read
as follows:
509. Vehicles weighed- excess removed.
(4) No owner or operator of a motor vehicle subject to the
provisions of Section 42-8-105, C.R.S.,relating to clearance
at ports of entry, shall fail or refuse to obtain valid clearance.
Every such owner or operator shall seek out a port of entry to
obtain such valid clearance,whether or not such port of entry
weigh station is located on the route that the owner or
operator is following, unless a valid clearance or a valid
special permit from the State department of revenue has
previously been secured .
Section 6. That a new Section 514 is hereby added to the Fort Collins Traffic Code and
reads in its entirety as follows:
514. Hazardous materials transport-deviation from authorized route -
penalty.
(1) No person shall transport hazardous materials by motor vehicle
contrary to any route designation approved by the Chief of Police or
State Patrol unless such action is necessary to service a motor vehicle
or to make a local pickup or delivery of hazardous materials or unless
such action is required by emergency conditions which would make
continued use of authorized routes unsafe or by the closure of an
authorized route, and,in such circumstances,the motor vehicle shall
remain on authorized routes whenever possible and shall minimize
the distance traveled on restricted routes. A person transporting
hazardous materials by motor vehicle may make successive local
pickups and deliveries without returning to the authorized route
between each pickup or delivery when such return would be
unreasonable. A person transporting hazardous materials shall not
utilize residential streets unless there is no other reasonable route
available to reach the destination and the person has obtained an
exemption permit pursuant to Section 11-5 of the City Code.
(2) Any person who transports hazardous materials by motor vehicle in
a manner inconsistent with the provisions of Subsection (1) of this
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section commits a misdemeanor traffic offense and shall be assessed
a penalty of two hundred fifty dollars ($250) for each separate
violation. A person who commits a second or subsequent violation
within a twelve(12)month period of transporting hazardous materials
by motor vehicle in a manner inconsistent with the provisions of
Subsection(1)of this section commits a misdemeanor traffic offense
and shall be issued a summons and complaint, and upon conviction
thereof,shall be punished by a fine of not less than two hundred fifty
dollars ($250) nor more than five hundred dollars ($500).
(3) For purposes of this Section, "hazardous materials" means those
materials as defined in Section 42-20-103(3), C.R.S.
Section 7. That Section 607 of the Fort Collins Traffic Code is hereby amended to read
as follows:
607. Interference with official devices.
(1) 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.
(2) No person shall use an electronic or other device, without lawful
authority, that causes a traffic light to change.
(a) Any person who violates Subsection (2) commits a traffic
infraction except that a person who violates Subsection (2)
and thereby proximately causes bodily injury to another
person commits a misdemeanor traffic offense and in addition
to any other penalty, the Court shall impose a fine of one
thousand dollars ($1000).
(3) No person shall possess or sell, without lawful authority, any
electronic device that is designed to cause a traffic light to change.
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Section 8. That Section 707 of the Fort Collins Traffic Code is hereby amended to read
as follows:
707. Certain vehicles must stop at railroad grade crossings.
(1) Except as otherwise provided in this Section, the driver of
anycommercial vehicle that is transporting passengers,any school bus
carrying any school child,or any vehicle carrying hazardous materials
which is required to be placarded in accordance with regulations
issued pursuant to Section 42-20-108, C.R.S., before crossing at
grade any tracks of a railroad,shall stop such vehicle within fifty(50)
feet but not less than fifteen (15) feet from the nearest rail of such
railroad and while so stopped shall listen and look in both directions
along such track for any approaching train and for signals indicating
the approach of a train, and shall not proceed until the driver can do
so safely. After stopping as required in this Section and upon
proceeding when it is safe to do so,the driver of any said vehicle shall
cross only in such gear of the vehicle that there will be no necessity
for changing gears while traversing such crossing,and the driver shall
not manually shift gears while crossing the tracks.
(3) Subsection(1) of this Section shall not apply at:
(a) Any railroad grade crossing at which traffic is regulated by a
traffic control signal;
(b) Any railroad grade crossing at which traffic is controlled by
a police officer, emergency services personnel or human flag
person;
Section 9. That Section 1101(4) of the Fort Collins Traffic Code is hereby amended to
read as follows:
(4) In every charge of violating Subsection 1 and 2 of this Section, the
complaint, summons and complaint, or penalty assessment notice
shall specify the speed at which the defendant is alleged to have
driven and also the alleged reasonable and prudent speed or the
posted speed limit applicable at the specified time and location of the
alleged violation.
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Section 10. That Section 1105 of the Fort Collins Traffic Code is hereby amended to read
as follows:
1105. Speed contests, exhibition of speed-immobilization.
(1) No person shall engage in any motor vehicle speed contest on a street
or highway, and no person shall aid or abet in any such motor vehicle
speed contest on any street or highway.
(a) For the purposes of this Section, "speed contest' shall mean
the operation of one or more motor vehicles to conduct a race
or a time trial,including but not limited to rapid acceleration,
exceeding reasonable and prudent speeds for streets and
existing traffic conditions, vying for position, or performing
one(1)or more lane changes in an attempt to gain advantage
over one or more of the other race participants.
(2) No person shall engage in any motor vehicle speed exhibition on a
street or highway, and no person shall aid or abet in any such motor
vehicle speed exhibition on any street or highway.
(a) For purposes of this Section, speed exhibition shall mean the
operation of a motor vehicle to present a display of speed or
power. "Speed exhibition" includes, but is not limited to,
squealing the tires of a motor vehicle while it is stationary or
in motion, rapid acceleration, rapid swerving or weaving in
and out of traffic, producing smoke from tire slippage or
leaving visible tire acceleration marks on the surface of the
roadway or ground.
(3) No person shall, for the purpose of facilitating or aiding or as an
incident to any motor vehicle speed contest or exhibition upon a street
or highway, in any manner obstruct or place any barricade or
obstruction or assist or participate in placing any such barricade or
obstruction upon any street or highway.
(4) The provisions of this Section shall not apply to the operation of a
motor vehicle in an organized competition according to accepted
rules on a designated and duly authorized race track, race course, or
drag strip.
(5) In addition to any sentence imposed on a second or subsequent
conviction for violation of this Section,the court may order the motor
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vehicle involved in the speed contest or exhibition immobilized
pursuant to Section 42-4-1105(5)through(9), C.R.S.
Section 11. That Section 1227 of the Fort Collins Traffic Code is hereby amended to read
as follows:
1227. Failure to pay parking structure or surface fees.
(1) A person shall not take or drive a vehicle out of a City-operated
parking structure or surface lot or any space for which payment for
parking is required without paying the parking fee.
(2) If the person cannot pay the parking fee upon exiting the parking
structure or surface lot at which a parking services attendant is
present, said person shall sign and provide the attendant with a
written promise to return within forty-eight (48) hours to pay the
parking fee. If the parking fee is not paid within the forty-eight(48)
hours, a citation for failure to pay the parking fee shall be mailed to
the registered owner of the offending vehicle pursuant to Section
1209(2) of this Traffic Code.
(3) No vehicle shall be parked in a space regulated by a pay station
without paying the parking fee indicated on the pay station, nor shall
any vehicle be parked in excess of the time purchased from a pay
station, except during those times indicated on the pay station when
payment is not required.
(4) Failure to pay the fine for a "failure to pay" citation may subject the
vehicle to immobilization and impoundment pursuant to Part 18 of
this Traffic Code.
Section 12. That Section 1707(2)(a)of the Fort Collins Traffic Code is hereby amended
to read as follows:
(2) If a peace officer issues and serves a summons and complaint to
appear in Municipal Court upon the defendant as described in
Subsection (1) of this Section, any defect in form in such summons
and complaint regarding the name and address of the defendant, the
license number of the vehicle involved, if any, the number of the
defendant's driver's license,if any,the date and approximate location
thereof, and the date the summons and complaint is served on the
defendant may be cured by amendment at any time prior to trial or
any time before verdict or findings upon an oral motion by the
prosecuting attorney after notice to the defendant and an opportunity
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for a hearing. No such amendment shall be permitted if substantial
rights of the defendant are prejudiced. No summons and complaint
shall be considered defective so as to be cause for dismissal solely
because of a defect in form in such summons and complaint as
described in this Subsection (2).
(a) The date and time specified in the summons portion of a
summons and complaint must be at least fourteen (14) days
after the date such summons and complaint is served, unless
the defendant shall demand through the Municipal Court an
earlier court appearance date.
Section 13. That Section 1707(3)(c)of the Fort Collins Traffic Code is hereby amended
to read as follows:
(3) (a) . . .
(c) The time specified in the summons portion of said penalty
assessment notice must be at least fourteen(14) days but not
more than ninety (90) days after the date such penalty
assessment notice is served, unless the defendant shall
demand an earlier hearing.
Section 14. That Section 1801 of the Fort Collins Traffic Code is hereby amended to read
as follows:
1801. Authority to impound and immobilize.
(1) Definitions. As used in this Section:
(a) Abandoned vehicle means:
III. Any vehicle left unattended on public property,including any
portion of a street or highway right-of-way, within the City
that is not registered or does not have a license plate with a
current registration sticker attached thereto in violation of
Sections 42-3-121 and 42-3-114 , C.R.S.,except as provided
for in Section 42-3-103, C.R.S.; or
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V. A motor vehicle fitted with an immobilization device that is
on public property and deemed to be abandoned pursuant to
Section 42-4-1105 (7) (c), C.R.S.
Introduced,considered favorably on first reading,and ordered published this 18th day ofJuly,
A.D. 2006, and to be presented for final passage on the 15th day ugust, A.D. 2006.
v
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 15th day of August, A.D. 2006.
Mayor
ATTEST:
City Clerk
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