HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/06/2009 - FIRST READING OF ORDINANCE NO. 097, 2009, AMENDING ITEM NUMBER: 14
AGENDA ITEM SUMMARY DATE: October 6, Zoos
FORT COLLINS CITY COUNCIL STAFF: Jim Szakmeister
Terry McElyea
SUBJECT
First Reading of Ordinance No. 097,2009,Amending Various Provisions of the Fort Collins Traffic
Code.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
The Colorado General Assembly amended certain statutory provisions this legislative session
relating to state traffic laws. This Ordinance ensures that the Traffic Code is consistent with state
traffic laws.
BACKGROUND
This past legislative session, the Colorado General Assembly amended certain statutory provisions
relating to a number of traffic restrictions. 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.
Enforcement officers recommend the Code amendments to provide more effective and efficient
traffic enforcement and consistency, and to increase traffic safety.
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.
ORDINANCE NO. 097, 2009
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 the City 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 the City Council ' s desire to amend the Fort Collins Traffic Code to reflect
the changes made by the General Assembly; and
WHEREAS , the City 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 205 of the Fort Collins Traffic Code is hereby amended to read
as follows :
205 . Headlamps on motor vehicles.
( 1 ) Every motor vehicle other than a motorcycle or motor-drivenshall be
equipped with at least two (2) headlamps with at least one ( 1 ) on each side
of the front of the motor vehicle, which headlamps shall comply with the
requirements and limitations set forth in Sections 202 and 204 to 231 where
applicable thereto.
(2) Every motorcycle and tnotor-drivenshall be equipped with at least one
( 1 ) and not more than two (2) headlamps which shall that comply with the
requirements and limitations of Sections 202 and 204 to 231 .
(3 ) Every headlamp upon every motor vehicle, including every motorcycle
motor-driven , shall be located at a height measured from the center of
the headlamp of not more than fifty-four (54) inches nor less than twenty-
four (24) inches, to be measured as set forth in Section 204(3 ) .
Section 2 . That Section 206 of the Fort Collins Traffic Code is hereby amended to read
as follows :
206. Tail lamps and reflectors .
(3 ) Either a tail lamp or a separate lamp shall be so constructed and placed as to
illuminate with a white light the rear registration plate and render it clearly
legible from a distance of fifty (50) feet to the rear. Any tail lamp or tail
lamps, together with any separate lamp for illuminating the rear registration
plate, shall be so wired as to be lighted whenever the headlamps or auxiliary
driving lamps are lighted. This Subsection (3 ) shall not apply to
neighborhood electric vehicles.
(5) Every new motor vehicle sold and operated on and after January 1 , 1958 ,
upon a highway shall carry on the rear, whether as a part of the tail lamps or
separately, two (2) red reflectors ; except that every motorcycle andnratar
rlriven cyck-shall carry at least one ( 1 ) reflector meeting the requirements of
this Section, and vehicles of the type mentioned in Section 207 shall be
equipped with reflectors as required in those sections applicable thereto .
Section 3 . That Sections 208(2) and 208 (3 ) of the Fort Collins Traffic Code is hereby
amended to read as follows :
208. Stop lamps and turn signals.
(2) No person shall sell or offer for sale or operate on the highways any motor
vehicle registered in this State and manufactured or assembled after January
1 , 1958 , unless it is equipped with at least two (2) stop lamps meeting the
requirements of Section 21 ( 1 ) ; except that a motorcycle, motor-driven cycle
or tmek tractor manufactured or assembled after said date shall be equipped
with at least one ( 1 ) stop lamp meeting the requirements of Section 215 ( 1 ) .
(3 ) No person shall sell, offer for sale or operate on the highway any motor
vehicle, trailer or semi-trailer registered in this State and manufactured or
assembled after January 1 , 1958 ; and no person shall operate any motor
vehicle, trailer or semi-trailer on the highways when the distance from the
center of the top of the steering post to the left outside limit of the body, cab
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or load of such motor vehicle exceeds twenty-four (24) inches, unless it is
equipped with electrical turn signals meeting the requirements of Section
215 (2) . This Subsection (3 ) shall not apply to any motorcycle or motor-
driven cfelow-power scooter.
Section 4 . That Section 210(2) of the Fort Collins Traffic Code is hereby amended to
read as follows :
210. Lamps on parked vehicles.
(2) Whenever a vehicle is parked or stopped upon a roadway or shoulder
adjacent thereto, whether attended or unattended during the hours between
sunset and sunrise and there is not sufficient light to reveal any person or
object within a distance of one thousand ( 1 ,000) feet upon such highway,
such vehicle so parked or stopped shall be equipped with one( l ) or more
operating lamps meeting the following requirements : At least one ( 1 ) lamp
shall display a white or amber light visible from a distance of five hundred
(500) feet to the front of the vehicle, and the same lamp or at least one ( 1 )
other lamp shall display a red light visible from a distance of five hundred
(500) feet to the rear of the vehicle, and the location of said lamp or lamps
shall always be such that at least one ( 1 ) lamp or combination of lamps
meeting the requirements of this Section is installed as near as practicable to
the side of the vehicle which is closer to passing traffic . This Subsection (2)
shall not apply to a - low-power scooter.
Section 5 . That Section 211 (4) of the Fort Collins Traffic Code is hereby amended to
read as follows :
211 . Lamps on farm equipment and other vehicles and equipment.
(4) Every farm tractor and every self-propelled unit of farm equipment or
implement of husbandry equipped with an electric lighting system shall at all
times mentioned in Section 204 be equipped with two (2) single-beam head
lamps meeting the requirements of Section 216 or 218 , respectively, or, an
alternative, Section -2-20(2) and at least one ( 1 ) red lamp visible from a
distance of not less than five hundred (500) feet to the rear; but every such
self-propelled unit of farm equipment other than a farm tractor shall have two
(2) such red lamps or, as an alternative, one ( 1 ) such red lamp and two (2) red
reflectors visible from all distances within six hundred (600) feet to one
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hundred ( 100) feet when directly in front of lawful upper beams of head
lamps .
Section 6 . That Section 216 of the Fort Collins Traffic Code is hereby amended to read
as follows :
216. Multiple-beam road lights.
( 1 ) Except as provided in this Traffic Code, the head lamps or the auxiliary
driving lamp or the auxiliary passing lamp or combination thereof on motor
vehicles, other than motorcycle or - low-power scooter,
shall be so arranged that the driver may select at will between distributions
of light projected to different elevations, and such lamps may, in addition, be
so arranged that such selection can be made automatically, subject to the
following limitations :
(a) There shall be an uppermost distribution of light or composite beam
so aimed and of such intensity as to reveal persons and vehicles at a
distance of at least three hundred fifty (350) feet ahead for all
conditions of loading.
(b) There shall be a lowermost distribution of light or composite beam so
aimed and of sufficient intensity to reveal persons and vehicles at a
distance of at least one hundred ( 100) feet ahead; and on a straight
level road under any condition of loading, none of the high-intensity
portion of the beam shall be directed to strike the eyes of an
approaching driver.
(2) Head lamps arranged to provide a single distribution of light not
supplemented by auxiliary driving lamps shall be permitted for neighborhood
eleetrielow- speed electric vehicles in lieu of multiple-beam road-lighting
equipment specified in this Section if the single distribution of light complies
with the requirements of Subsection ( 1 )(b) of this Section.
(3 ) EN%eryA new motor vehicle, other than a motorcycle ormotor-drivenin this State after My 1 , f , low-power scooter, that has multiple-
beam road-lighting equipment shall be equipped with a beam indicator,
which shall be lighted whenever the uppermost distribution of light from the
headlamps is in use and shall not otherwise be lighted. Said indicator shall
be so designed and located that when lighted it will be readily visible without
glare to the driver of the vehicle so equipped.
Section 7 . That Section 217 of the Fort Collins Traffic Code is hereby amended by the
addition of a new subsection (c) which reads in its entirety as follows :
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(c) A low-speed electric vehicle may use the distribution of light
authorized in Section 216(2) .
Section 8 . That Section 220 of the Fort Collins Traffic Code is hereby amended to read
as follows :
220. Motorized bicycles — - Low-Power Scooters - lighting
equipment - department control - use and operation.
( 1 ) (a) Every niotorized bicycle low-power scooter, when in use at
the times specified in Section 204, shall be equipped with a
lamp on the front; which shall that emits a white light visible
from a distance of at least five hundred (500) feet to the front
and with a red reflector on the rear, of a type approved by the
State Department of Revenue, which shall be visible from all
distances from fifty (50) feet to three hundred (300) feet to
the rear when directly in front of lawful upper beams of head
lamps on a motor vehicle. A lamp emitting a red light visible
from a distance of five hundred 500) feet to the rear may be
used in addition to the red reflector.
(b) No person shall operate a motorized bicyclelow-power
scooter unless it is equipped with a bell or other device
capable of giving a signal audible for a distance of at least
one hundred ( 100) feet; except that a motorized bieychalow-
power scooter shall not be equipped with nor shall any person
use upon a low-power scooter a siren or
whistle.
(c) Every motolized bicycleA low-power scooter shall be
equipped with a brake which will enable the operator to make
the braked wheels skid on dry, level, clean pavement.
(2) The head lamp or ficad famps upon every motor driven cycle may+c
of the single -beam or nmitiple-beam type but in either event shall
cotirply with the requirements and limitations as follows .
( a) Every said head iamp or head iamps on a motor driven cyrfe
shall be of sufficient intell3lit c
at a distance of not less than one hundred ( f 00) f�et when the
motor driven cycle is operated at any speed less than twenty-
five (25 ) miles pet horr, and at a distance of not less than two
hundred (200" ) feet when the motor driven cycle is operated
at a speed of twenty- five (25 ) miles or more per hour, and at
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motor driven cycle is operated at a specd of thirty-five (35 ) o
more miles per hour.
nmitipic-bcam head lamp or head lamps , the tipper beam shaff
this Subsection (2) and shaff not exceed the fitnitations se
the requircmcnts applicable to a lowcrmost distribution of
light as set forth in Section -216( i )(by
beam lamp , said lamp shall bc so aimcd that whcn the vchicle
is loaded, none of the high-intensity portion of light, at a"
distance of twenty- five (25 ) feet aticad, shat! project highe
than the tevel of thc ccrtter of the famp ftom which it Comes ,
(12) Any lighted lamp or illuminating device upon a motor vehicle, other than
head lamps, spot lamps, auxiliary lamps, flashing turn signals, emergency
vehicle warning lamps and school bus warning lamps, which projects a beam
of light of an intensity greater than three hundred (300) candlepower, shall
be so directed that no part of the high-intensity portion of the beam will strike
the level of the roadway on which the vehicle stands at a distance of more
than seventy-five (75) feet from the vehicle .
(3 ) This Section shall not be construed to prohibit the use of any vehicle of
simultaneously flashing hazard warning lights as provided in Section 215 (7) .
(4) No person shall sell or offer for sale, for use upon or as a part of the
equipment of a motor vehicle, trailer, or semitrailer or for use upon any such
vehicle, any head lamp, auxiliary or fog lamp, rear lamp, signal lamp, or
reflector, which reflector is required under this Part 2, or parts of any of the
foregoing which tend to change the original design or performance thereof,
unless of a type which has been approved by the Colorado Department of
Motor Vehicles.
(5 ) No person shall have for sale, sell, or offer for sale, for use upon or as a part
of the equipment of a motor vehicle, trailer, or semitrailer, any lamp or
device mentioned in this Section unless such lamp or device bears thereon
the trademark or name under which it is approved so as to be legible when
installed.
(6) No person shall use upon any motor vehicle, trailer, or semitrailer any lamps
mentioned in this Section unless said lamps are mounted, adjusted, and aimed
in accordance with State law.
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Section 9 . That Section 221 of the Fort Collins Traffic Code is hereby amended to read
as follows :
221 . Bicycle and personal mobility device equipment.
( 1 ) No other provision of this Part 2 and no provision of Part 3 of this Traffic
Code shall apply to bicyel-esa bicycle, electrical assisted bicycle, or EPAMD
or to equipment for use on bieyelesa bicycle, electrical assisted bicycle, or
EPAMD except those provisions in this Traffic Code made specifically
applicable to bicyclists, bicycles or their equipme such a vehicle .
(2) Every bicycle, electrical assisted bicycle, or EPAMD in use at the times
described in Section 204 shall be equipped with a lamp on the front emitting
a white light visible from a distance of at least five hundred (500) feet to the
front.
(3 ) Every bicycle, electrical assisted bicycle, or EPAMD shall be equipped with
a red reflector of a type approved by the State Department of Revenue, which
shall be visible for six hundred (600) feet to the rear when directly in front
of lawful lower beams of headlamps on a motor vehicle.
(4) Every bicycle, electrical assisted bicycle, or EPAMD when in use at the
times described in Section 204 shall be equipped with reflective material of
sufficient size and reflectivity to be visible from both sides for six hundred
(600) feet when directly in front of lawful lower beams of head lamps on a
motor vehicle or, in lieu of such reflective material, with a lighted lamp
visible from both sides from a distance of at least five hundred (500) feet.
(5 ) A bicycle, electrical assisted bicycle, or EPAMD or its rider may be equipped
with lights or reflectors in addition to those required by Subsections (2) to (4)
of this Section.
(6) A bicycle or electrical assisted bicycle shall not be equipped with, nor shall
any person use upon a bicycle, or electrical assisted bicycle, any siren or
whistle.
(7) Every bicycle or electrical assisted bicycle shall be equipped with a brake or
brakes whit that will enable its rider to stop the bicycle or electrical assisted
bicycle within twenty-five (25) feet from a speed of ten ( 10) miles per hour
on dry, level, clean pavement.
(8) A person engaged in the business of selling bicycles or electrical assisted
bicycles at retail shall not sell any bicycle or electrical assisted bicycle unless
the bicycle or electrical assisted bicycle has an identifying number
permanently stamped or cast on its frame.
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Section 10 . That Section 223 ( 1 ) of the Fort Collins Traffic Code is hereby amended to
read as follows :
223. Brakes.
( 1 ) Brake equipment required:
(a) Every motor vehicle, other than a motorcycle or motor-driven ,
electrical assisted bicycle or low-power scooter, when operated upon
a highway shall be equipped with brakes adequate to control the
movement of and to stop and hold such vehicle, including two (2)
separate means of applying the brakes, each of which means shall be
effective to apply the brakes to at least two (2) wheels . If these two
(2) separate means of applying the brakes are connected in any way,
they shall be so constructed that failure of any one ( 1 ) part of the
operating mechanism shall not leave the motor vehicle without brakes
on at least two (2) wheels .
(b) Every motorcycle or motor-driven , motorized bicycle an
bicycle with motor ,and low-power scooter when operated
upon a highway, shall be equipped with at least one ( 1 ) brake, which
may be operated by hand or foot.
(c) Every trailer or semi-trailer of a gross weight of three thousand
(3 ,000) pounds or more, when operated upon a highway, shall be
equipped with brakes adequate to control the movement of and to
stop and to hold such vehicle and so designed as to be applied by the
driver of the towing motor vehicle from the cab, and said brakes shall
be so designed and connected that, in case of an accidental
breakaway of the towed vehicle, the brakes shall be automatically
applied. The provisions of this Paragraph (c) shall not be applicable
to any trailer which does not meet the definition of "commercial
vehicle " as that term is defined Section 235 ( 1 )(a) and which is owned
by a farmer when transporting agricultural products produced on the
owner's farm or supplies back to the farm of the owner of the trailer,
tank trailers not exceeding ten thousand ( 10,000) pounds gross
weight used solely for transporting liquid fertilizer or gaseous
fertilizer under pressure, or distributor trailers not exceeding ten
thousand ( 10 ,000) pounds gross weight used solely for transporting
and distributing dry fertilizer when hauled by a truck capable of
stopping within the distance specified in Subsection (2) of this
Section.
(d) Every motor vehicle, trailer or semi-trailer constructed or sold in this
state or operated upon the highways shall be equipped with service
brakes upon all wheels of every such vehicle; except that:
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(I) Any trailer or semi-trailer of less than three thousand (3 ,000)
pounds gross weight, or any horse trailer of a capacity of two
(2) horses or less, or any trailer which does not meet the
definition of " commercial vehicle" as that term is defined in
Section 235 (1)(a) and which is owned by a farmer when
transporting agricultural products produced on the owner's
farm or supplies back to the farm of the owner of the trailer,
or tank trailers not exceeding ten thousand ( 10,000) pounds
gross weight used solely for transporting liquid fertilizer or
gaseous fertilizer under pressure, or distributor trailers not
exceeding ten thousand ( 10,000) pounds gross weight used
solely for transporting and distributing dry fertilizer when
hauled by a truck capable of stopping with a loaded trailer
attached in the distance specified by Subsection (2) of this
Section need not be equipped with brakes, and any two-wheel
motor vehicle need have brakes on only one ( 1 ) wheel.
(II) Any truck or truck tractor manufactured before July 25 , 1980,
and having three (3 ) or more axles, need not have brakes on
the wheels of the front or tandem steering axles if the brakes
on the other wheels meet the performance requirements of
Subsection (2) of this Section.
(III) Every trailer or semi-trailer of three thousand (3 ,000) pounds
or more gross weight must have brakes on all wheels.
(e) Provisions of this Subsection ( 1 ) shall not apply to manufactured
homes.
Section 11 . That Section 224(3 ) of the Fort Collins Traffic Code is hereby amended to
read as follows :
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224. Horns or warning devices.
(3 ) No bicycle, electric-assisted bicycle or motorized bicycleelectrical assisted
bicycle or low-power scooter shall be equipped with, nor shall any person
use upon a bicycle, c1cetric-assistedsuch a
vehicle, a siren or whistle .
Section 12 . That Section 226(2) of the Fort Collins Traffic Code is hereby amended to
read as follows :
226. Mirrors - exterior placements.
(2) Whenever any motor vehicle is not equipped with a rear window and rear
side windows or has a rear window and rear side windows composed of,
covered by or treated with any material or component whiehthat, when
viewed from the position of the driver, obstructs the rear view of the driver
or makes such window or windows nontransparent, or whenever any motor
vehicle is towing another vehicle or trailer or carrying any load or cargo or
object whichthat obstructs the rear view of the driver, such vehicle shall be
equipped with an exterior mirror on each side so located with respect to the
position of the driver as to comply with the visual requirement of Subsection
( 1 ) of this Section.
Section 13 . That Section 227(4) of the Fort Collins Traffic Code is hereby amended to
read as follows :
227. Windows unobstructed - certain materials prohibited - windshield wiper
requirements.
(4) This Section shall apply to all motor vehicles, except as provided in Sectioirl
that subsection (2) of this Section shall not apply to low-
speed electric vehicles.
Section 14 . That Section 232 of the Fort Collins Traffic Code is hereby amended to read
as follows :
232 . Minimum safety standards for motorcycle and motoi -di iven cycleslow-power
scooters .
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( 1 ) No person shall operate any motorcycle or - low-power
scooter on any public highway in this State unless such person and any
passenger thereon is wearing goggles or eyeglasses with lenses made of
safety glass or plastic except that this Subsection ( 1 ) shall not apply to a
person wearing a helmet containing eye protection made of safety glass or
plastic .
(2) Any motorcycle or tnotor drivcn cycl low-power scooter carrying a
passenger, other than in a sidecar or enclosed cab, shall be equipped with
footrests for such passengers .
Section 15 . That Section 234( 1 ) of the Fort Collins Traffic Code is hereby amended to
read as follows :
234. Slow-moving vehicles - display of emblem.
( 1 ) (a) All machinery, equipment and vehicles, except bicycles, electrical
assisted bicycles, and other human-powered vehicles, designed to
operate or normally operated at a speed of less than twenty-five (25)
miles per hour on a public highway shall display a triangular slow-
moving vehicle emblem on the rear.
(b) Bicycles, electric assisted bicycles, and other human-powered
vehicles and neighborhood electric vehicles shall be permitted but not
required to display the emblem specified in this Subsection ( 1 ) .
Section 16 . That Section 237( 1 ) of the Fort Collins Traffic Code is hereby amended to
read as follows :
237 . Safety belt systems - mandatory use - exemptions - penalty.
( 1 ) As used in this Section:
(a) Motor vehicle means a self-propelled vehicle intended primarily for
use and operation on the public highways, including passenger cars,
station wagons, vans, taxicabs, ambulances, motor homes and
pickups . The term does not include motorcycles or motor-drimn
cycles, motor scooters, motorized , low-power scooters,
passenger buses, school buses and farm tractors and implements of
husbandry designed primarily or exclusively for use in agricultural
operations .
(b) Safety belt system means a system utilizing a lap belt, shoulder belt
or any other belt or combination of belts installed in a motor vehicle
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to restrain drivers and passengers, which system conforms to federal
motor vehicle safety standards .
Section 17 . That Section 239 of the Fort Collins Traffic Code is hereby amended,
effective December 1 , 2009, to read as follows :
239. Misuse of mobile communication devices — definitions.
( 1 ) As used in this Section, unless the context otherwise requires :
(a) Emergency shall mean a situation in which a person:
(I) Has reason to fear for such person's life or safety, or believes
that a criminal act may be perpetrated against such person or
another person requiring the use of a mobile conwnunicafion
drvieewireless telephone while the car is moving; or
(11) Reports a fire, a traffic accident in which one ( 1 ) or more
injuries are apparent, a serious road hazard, a medical or
hazardous materials emergency or a person who is driving in
a reckless, careless or otherwise unsafe manner.
(b) ?dbbile coinintmication device shall mean a celittlar telephone o
other device that enableis a ve , son hi a motor vehicle to transmit and
t-cceivc andio signals to and fi-om a person or andio recording device
Operating a Motor Vehicle shall
mean driving a motor vehicle on a public highway, but Operating a
Motor Vehicle shall not mean maintaining the instrument of control
while the motor vehicle is at rest in a shoulder lane or lawfully
parked.
(c) Use shall mean talking on or listening to a wireless telephone or
engaging the wireless telephone for text messaging or other similar
forms of manual data entry or transmission.
(d) Wireless telephone shall mean a telephone that operates without a
physical, wireline connection to the provider' s equipment. The term
includes, without limitation, cellular and mobile telephones .
(2) No person who holds a temporary instruction permit or a minor's instructi
permit pursuant to Section - - . ,under eighteen ( 18) years of age
shall use a mobile cotm=ication d wireless telephone while operating
a motor vehicle. This Section shall not apply to a person who is using th�.a
mobile connnunication device .
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(a) To contact a public safety entity;
(b) While the verricle is lawfally parked,-or
(c) During an emergency.
(3 ) No person eighteen ( 18) years of age or older shall use a wireless telephone
for the purpose of engaging in text messaging or other similar forms of
manual data entry or transmission while operating a motor vehicle .
(4) Subsection (2) or (3 ) of this Section shall not apply to a person who is using
the wireless telephone :
(a) to contact a public safety entity; or
(b) during an emergency.
(M ) (a) AmyAperson who operates a motor vehicle in violation of Subsection
(2) or (3) of this Section commits a traffic infraction defined in
Section 1 - 15 of the Fort Collins City Code, and the court shall assess
a minimum fine of Fifty Dollars ($ 50) .
(b) The court shall assess a fine of One Hundred Dollars ($ 100) upon a
second or subsequent violation of Subsection (2) or (3 ) of this
Section.
(46) (a) An operator of a motor vehicle shall not be cited for a violation of
Subsection (2) of this Section unless the
operator was under eighteen ( 18) years of age and a law enforcement
officer for an alleged violation of this Traffic eode other than
violation of this saw the operator use a wireless telephone.
(b) An operator of a motor vehicle shall not be cited for a violation of
Subsection (3) of this Section unless the operator was eighteen ( 18)
years of age or older and a law enforcement officer saw the operator
use a wireless telephone for the purpose of engaging in text
messaging or other similar forms of manual data entry or
transmission.
(7) The provisions of this Section shall not be construed to authorize the seizure
and forfeiture of a wireless telephone, unless otherwise provided by law.
(8) This Section does not restrict operation of an amateur radio station by a
person who holds a valid amateur radio operator license issued by the Federal
Communications Commission.
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Section 18 . That Section 240(2) of the Fort Collins Traffic Code is hereby amended to
read as follows :
240. License plates.
(2) License plates shall be displayed showing the current registration month and
year.
Section 19 . That Section 503 ( 1 ) of the Fort Collins Traffic Code is hereby amended to
read as follows :
503 . Projecting loads on vehicles.
( 1 ) No passenger type vehicle, except a motorcycle, inotor-driven cycle or
bicycle, or electrical assisted bicycle shall be operated on any highway with
any load carried thereon extending beyond the line of the fenders on the left
side of such vehicle nor extending more than six (6) inches beyond the line
of the fenders on the right side thereof.
Section 20 . That Section 615 (2) of the Fort Collins Traffic Code is hereby amended to
read as follows :
(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. In addition, the City shall conspicuously post a sign
distance-notifying the public that a red-light camera is in use immediately
ahead. The sign shall :
(a) be placed in a conspicuous place not less than two hundred (200) feet
nor more than five hundred (500) feet before the automated vehicle
system; and
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(b) use lettering that is at least four (4) inches high for upper case letters
and two and nine-tenths (2 9/ 10) inches for lower case letters .
Section 21 . That Section 510 of the Fort Collins Traffic Code is hereby amended by the
addition of a new subparagraph ( 10) which reads in its entirety as follows :
510. Permits for excess size and weight and for manufactured homes .
( 10) Any person holding a permit issued pursuant to Section 42-4-510 C .R. S . or
any person operating a vehicle pursuant to such permit who violates any
provision of Section 42-4-510 C . R. S . , any ordinance or resolution of a local
authority, or any standards or rules or regulations promulgated pursuant to
Section 42-4- 510 C .R. S . , except the provisions of subparagraph (IV)of
paragraph (b) of subsection (2) of Section 42-4-510 C . R. S . , commits a class
2 misdemeanor traffic offense and upon conviction thereof, shall be fined
Four Hundred Dollars ($400) .
Section 22 . That Section 710(3 ) of the Fort Collins Traffic Code is hereby amended to
read as follows :
710. Emerging from or entering alley, driveway or building.
(3 ) No person shall drive any vehicle other than a bicycle, electrical assisted
bicycle, or any other human-powered vehicle upon a sidewalk or sidewalk
area, except upon a permanent or duly authorized temporary driveway.
Section 23 . That Sections 802 ( 1 ) and (3 ) of the Fort Collins Traffic Code are hereby
amended, effective July 1 , 2010, to read as follows :
802. Pedestrians right-of-way in crosswalks.
( 1 ) When traffic control signals are not in place or not in operation, the driver of
a vehicle shall yield the right-of-way, slowing down or stopping if need be
to so yield, to a pedestrian crossing the roadway within a crosswalk when the
pedestrian is on the half of the roadway upon which the vehicle is traveling
or when the pedestrian is approaching so closely from the opposite half of the
roadway as to be in danger.
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(3 ) No pedestrian shall suddenly leave a curb or other place of safety and ride a
bicycle, ride an electrical assisted bicycle, walk or run into the path of a
moving vehicle whic that is so close as to constitute an immediate hazard.
Section 24 . That Section 1002 of the Fort Collins Traffic Code is hereby amended to read
as follows :
1002 . Passing oncoming vehicles.
( 1 ) Drivers of vehicles proceeding in opposite directions shall pass each other to
the right, and, upon roadways having width for not more than one ( 1 ) lane of
traffic in each direction, each driver shall give to the other at least one-half
(1/2) of the main traveled portion of the roadway as nearly as possible.
(2) A driver shall not pass a bicyclist moving in the same direction and in the
same lane when there is oncoming traffic unless the driver can
simultaneously:
(a) allow oncoming vehicles at least one-half ( 1 /2) of the main-traveled
portion of the roadway in accordance with subsection ( 1 ) of this
Section; and
(b) allow the bicyclist at least a three (3) foot separation between the
right side of the driver' s vehicle, including all mirrors or other
projections, and the left side of the bicyclist at all times .
Section 25 . That Section 1003 of the Fort Collins Traffic Code is hereby amended to read
as follows :
1003 . Overtaking a vehicle on the left.
( 1 ) The following rules shall govern the overtaking and passing of vehicles
proceeding in the same direction, subject to the limitations, exceptions and
special rules stated in this Section and Sections 1004 to 1008 :
(a) The driver of a vehicle overtaking another vehicle proceeding in the
same direction shall pass to the left fliercofof the vehicle at a safe
distance and shall not again drive to the right side of the roadway
until safely clear of the overtaken vehicle.
(b) The driver of a motor vehicle overtaking a bicyclist proceeding in the
same direction shall allow the bicyclist at least a three (3 ) foot
separation between the right side of the driver' s vehicle, including all
mirrors or other projections, and the left side of the bicyclist at all
times .
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(bc) Except when overtaking and passing on the right is permitted, the
driver of an overtaken vehicle shall give way to the right in favor of
the overtaking vehicle on audible signal and shall not increase the
speed of the driver's vehicle until completely passed by the
overtaking vehicle .
Section 26 . That Section 1004 of the Fort Collins Traffic Code is hereby amended to read
as follows :
1004. When overtaking on the right is permitted.
( 1 ) The driver of a vehicle may overtake and pass upon the right of another
vehicle only under the following conditions :
(a) When the vehicle overtaken is making or giving indication of making
a left turn;
(b) Upon a street or highway with unobstructed pavement not occupied
by parked vehicles and marked for two (2) or more lanes of moving
vehicles in each direction; or
(c) Upon a one-way street or upon any roadway on which traffic is
restricted to one ( 1 ) direction of movement where the roadway is free
from obstructions and marked for two(2) or more lanes of moving
vehicles .
(2) The driver of a motor vehicle upon a one-way roadway with two (2) of more
marked traffic lanes, when overtaking a bicyclist proceeding in the same
direction and riding on the left-hand side of the road, shall allow the bicyclist
at least a three (3 ) foot separation between the left side of the driver' s
vehicle, including all mirrors or other projections, and the right side of the
bicyclist at all times .
(23 ) The driver of a vehicle may overtake and pass another vehicle upon the right
only under conditions permitting such movement in safety. In no event shall
such movement be made by driving off the pavement or main-traveled
portion of the roadway.
Section 27 . That Section 1005 (4) of the Fort Collins Traffic Code is hereby amended to
read as follows :
1005. Limitations on overtaking on the left.
(4) The provisions of this Section shall not apply;
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(a) Upon a one-way alleyway, street or roadway;
(b) Under the conditions described in Section 1001 ( 1 )(b) ; or
(c) To the driver of a vehicle turning left into or from an alley, private
road or driveway when such movement can be made in safety and
without interfering with, impeding or endangering other traffic
lawfully using the highway;
(d) To the driver of a vehicle passing a bicyclist moving the same
direction and in the same lane when such movement can be made in
safety and without interfering with, impeding, or endangering other
traffic lawfully using the highway.
Section 28 . That Section 10 of the Fort Collins Traffic Code is hereby amended by the
addition of a new Section 1008 . 5 which reads in its entirety as follows :
1008.5 Crowding or threatening a bicyclist.
( 1 ) The driver of a motor vehicle shall not, in a careless or imprudent manner,
drive the vehicle unnecessarily close to, toward, or near a bicyclist.
(2) Any person who violates subsection ( 1 ) of this Section commits careless
driving as described in Section 1402 .
Section 29 . That Section 1101 (7) of the Fort Collins Traffic Code is hereby amended to
read as follows :
1101 . Speed limits.
(7) (a) Notwithstanding any other provisions of this Section, no person shall
drive a vehicle on four-lane highways which are on the interstate
system, as defined in Section 43 -2- 101 (2), C .R. S . , or are freeways or
expressways in excess of a maximum lawful speed limit of seventy-
five (75) miles per hour.
(b) The speed limits set forth in Subsection (a) of this Section (7) are
maximum lawful speed limits and the City, within its jurisdiction,
shall not authorize any speed limit which exceeds seventy-five miles
per hour on any highway.
(c) The provisions of this Subsection (7) are declared to be matters of
both local and statewide concern requiring uniform compliance
throughout the State .
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(d) Notwithstanding any other provisions of this Section, no person shall
drive a low-power scooter on a roadway at a speed in excess of forty
miles per hour.
Section 30 . That Section 1204 (4) of the Fort Collins Traffic Code is hereby amended to
read as follows :
1204. Stopping, standing or parking prohibited in specified places.
(4) (a) Paragraph (a) of Subsection ( 1 ) of this Section shall not prohibit
persons from parking bicycles or electrical assisted bicycles on
sidewalks in accordance with the provisions of Section 1412( 11 )(a)
and ( 11 )(b) .
(b) Paragraph (f) of Subsection ( 1 ) of this Section shall not prohibit
persons from parking two (2) or more bicycles or electrical assisted
bicycles abreast in accordance with the provisions of Section
1412( 11 )(d) .
(c) Paragraphs (a), (c) and (d) of Subsection (2) of this Section shall not
apply to bicycles or electrical assisted parked on sidewalks in
accordance with Section 1412( 11 )(a) and ( 11 )(b) .
Section 31 . That Section 1401 of the Fort Collins Traffic Code is hereby amended to read
as follows :
1401 . Reckless driving.
AmyA person who drives any motor vehicle, bicycle , electrical
assisted bicycle, or low-power scooter in such a manner as to indicate either a
wanton or a willful disregard for the safety of persons or property is guilty of
reckless driving. A person convicted of reckless driving of a bicycleelectric-
assisted
or electrical assisted bicycle shall not be
subject to the provisions of Section 42-2- 127, C.R. S .
Section 32 . That Section 1402 of the Fort Collins Traffic Code is hereby amended to read
as follows :
1402. Careless driving.
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AnyA person who drives anya motor vehicle, bicycle or motorized bicycle, electrical
assisted bicycle or low-power scooter in a careless and imprudent manner, without
due regard for the width, grade, curves, corners, traffic and use of the streets and
highways and all other attendant circumstances, is guilty of careless driving. A
person convicted of careless driving of a bicycle, electric-assisted bicyc
motorized or electrical assisted bicycle shall not be subject to the provisions
of Section 42-2- 127 , C .R. S .
Section 33 . That Section 1407. 5 (3)(g) ofthe Fort Collins Traffic Code is hereby amended
to read as follows :
1407.5 Splash guards - when required .
(3 ) This Section does not apply to :
(g) Bicycles or electrical assisted bicycles .
Section 34 . That Section 1409 of the Fort Collins Traffic Code is hereby amended to read
as follows :
1409. Compulsory insurance - penalty.
( 1 ) No owner of a motor vehicle or low-power scooter required to be registered
in this State shall operate the vehicle or permit it to be operated on the public
streets or highways in the City when the owner has failed to have a
complying policy or certificate of self-insurance in full force and effect as
required by law.
(2) No person shall operate a motor vehicle or low-power scooter on the public
street or highways in the City without a complying policy or certificate of
self-insurance in full force and effect as required by law.
(3 ) When an accident occurs, or when requested to do so following any lawful
traffic contact or during any traffic investigation by a peace officer, no owner
or operator of a motor vehicle or low-power scooter shall fail to present to
the requesting officer immediate evidence of a complying policy or
certificate of self-insurance in full force and effect as required by law.
(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 ($500) . The Court may suspend up to
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one-half (1/z) of the fine upon a showing that appropriate insurance as
required pursuant to Section 10-4-619 or 10-4-624, C .R. S . , has been
obtained.
(b) Upon a second or subsequent conviction under this Section within a
period of five (5 ) years, the defendant shall be punished by a
minimum mandatory fine of not less than one thousand dollars
($ 1 ,000) . The court may suspend up to one-half ( %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.
(5 ) Testimony of the failure of any owner or operator of a motor vehicle or low-
power scooter to present immediate evidence of a complying policy or
certificate of self-insurance in full force and effect as required by law, when
requested to do so by a peace officer, shall constitute prima facie evidence,
at a trial concerning a violation charged under Subsection ( 1 ) or (2) of this
Section, that such owner or operator of a motor vehicle violated Subsection
( 1 ) or (2) of this Section.
(6) No person charged with violating Subsection ( 1 ), (2) or (3 ) of this Section
shall be convicted if such person produces in court a bona fide complying
policy or certificate of self-insurance which was in full force and effect, as
required by law, at the time of the alleged violation.
Section 35 . That Section 1412 of the Fort Collins Traffic Code is hereby amended to read
as follows :
1412. Operation of bicycles, motorized bicycles and other human-powered
vehicles.
( 1 ) Every person riding a bicycle, electric-assisted bicycle or motorized bicycle
or electrical assisted bicycle upon a roadway where bicycle, ellec Lrie-assisted
bicycle and motorized bicycle and electrical assisted bicycle travel is
permitted shall be granted all of the rights and shall be subject to all of the
duties and penalties applicable to the driver of a vehicle as set forth in this
Traffic Code, except those provisions of this Traffic Code whichthat, by their
very nature, can have no application. Said riders shall also comply with
special rules set forth in this Section and in Section 220( 1 )(b) and ( 1 )(c) and
Section 221 and, when using streets and highways within the City, shall be
subject to local ordinances regulating the operation of bicycles, lectric-
and electrical assisted bicycles as
provided in Section 42-4- 111 , C .R. S . Whenever the word vehicle is used in
any of the driving rules set forth in this Traffic Code that are applicable to
bicycle, electric-assisted bicycle and motorized bicycle or electrical assisted
bicycle riders, such term shall include bicycles, electric-assisted bicyclesmid
inotorized bicycles and electrical assisted bicycles .
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(a) These regulations not in conflict with the Rules and Regulations
promulgated by Colorado State University pursuant to Sections 23 - 5 -
106 and 107, C . R. S . shall apply on the campus of the University .
(b) The parent of any child or guardian of any ward shall not authorize
or knowingly permit any child or ward to violate any provision of this
Section.
(2) A person riding a bicycl , - assisted bicycle or electrical assisted
bicycle or motorized bieyele shall not ride other than upon or astride a
permanent and regular seat attached thereto .
(3) No bicycle, electric-assisted bicycle or electrical assisted bicycle
motorized bieyele shall be used to carry more persons at one ( 1 ) time than the
number for which it is designed and equipped.
(4) No person riding upon any bicycle, electric-assisted bieyeleelectrical assisted
bicycle or motorized bicyclea shall attach the same or himself or herself to any
motor vehicle upon a roadway.
right-hand(5 ) Any person riding a bicycle , electric-assisted bicycle or motorized bicycle
shall ride in the ,
bicycles ,such person shall ride as close to the right-hand side as practicable . Where
a paved shoulder stfitable for bicycle, clectric-assisted bicycle or moto
bicycle riding is present, pers"O mF' " I Ling -
assi
bicycles or motorized bicycles shall ride on the paved shoulder. T1
ns shall apply, except under any of the following sittlaftons .
(a) When overtalking and passing another bicycle or vehicle proceeding
in the same direction;
Y1
(c) When reasonably necessary to avoid hazardotts conditions , inclutfin-g-,
bttt not finfitcd to , fixed or moving objccts , parked or in. lir��
vehicles , pedestrians, animals or sttrf�ee hazards :
(5) (a) Any person operating a bicycle upon a roadway at less than the
normal speed of traffic shall ride in the right-hand lane, subject to the
following conditions :
(I) If the right-hand lane then available for traffic is wide enough
to be safely shared with overtaking vehicles, a bicyclist shall
ride far enough to the right as is reasonably prudent to
facilitate the movement of such overtaking vehicles unless
other conditions make it unsafe to do so .
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(11) A bicyclist may use a lane other than the right-hand lane
when:
(A) preparing for a left turn at an intersection or into a
private roadway or driveway;
(B) overtaking a slower vehicle ; or
(C) taking reasonably necessary precautions to avoid
hazards or road conditions .
(III) Upon approaching an intersection where right turns are
permitted and there is a dedicated right-turn lane, a bicyclist
may ride on the left-hand portion of the dedicated right-turn
lane even if the bicyclist does not intend to turn right.
(b) A bicyclist shall not be expected or required to :
(I) ride over or through hazards at the edge of a roadway,
including but not limited to fixed or moving objects, parked
or moving vehicles , bicycles, pedestrians, animals, surface
hazards, or narrow lanes ; or
(11) ride without a reasonably safety margin on the right-hand side
of the roadway.
(c) A person operating a bicycle upon a one-way roadway with two (2)
or more marked traffic lanes may ride as near to the left-hand curb or
edge of such roadway as is reasonably prudent, subject to the
following conditions :
(I) if the left-hand lane then available for traffic is wide enough
to be safely shared with overtaking vehicles, a bicyclist shall
ride as far to the left as is reasonably prudent to facilitate the
movement of such overtaking vehicles unless other conditions
make it unsafe to do so .
(11) A bicyclist shall not be expected or required to :
(A) ride over or through hazards at the edge of a roadway,
including but not limited to fixed or moving objects,
parked or moving vehicles, bicycles, pedestrians,
animals, surface hazards, or narrow lanes ; or
(B) ride without a reasonable safety margin on the left-
hand side of the roadway.
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(6) (a) Persons operating bicycles, electric-assisted bicycles or motorize
bicycles on roadways shall ride single file ; except that riding no more
than two (2) abreast is permitted in the following eiremnstanc
(1) 'V�%en riding two (2) abreast will not impede the normal an
reasonable movement of traffic, or
(H) When riding on paths ot patts of roadways set aside for the
exclusive use of bicycles .
(b) Persons riding two (2 ) abreast shall ride within a single lane .
(6) (a) Persons riding bicycles upon a roadway shall not ride more than two
(2) abreast except on paths or parts of roadway set aside for the
exclusive use of bicycles .
(b) Persons riding bicycles two (2) abreast shall not impede the normal
and reasonable movement of traffic and, on a laned roadway, shall
ride within a single lane .
(7) A person operating a bicycle, electric-assisted bicycle or electrical assisted
bicycle or motorized bicycle shall keep at least one ( 1 ) hand on the
handlebars at all times .
(8) (a) A person riding a bicycle, electric-assisted bicycle or electrical
assisted bicycle or motorized bicycle intending to turn left shall
follow a course described in Sections 901 ( 1 ), 903 and 1007 or may
make a left turn in the manner prescribed in Paragraph (b) of this
Subsection (8) .
(b) A person riding a bicycle, electric-assisted bicycle or electrical
assisted bicycle or motorizcd bicycle intending to turn left shall
approach the turn as closely as practicable to the right-hand curb or
edge of the roadway. After proceeding across the intersecting
roadway to the far corner of the curb or intersection of the roadway
edges, the bicyclist shall stop, as much as practicable, out of the way
of traffic . After stopping, the bicyclist shall yield to any traffic
proceeding in either direction along the roadway that the bicyclist had
been using. After yielding and complying with any official traffic
control device or police officer regulating traffic on the highway
along which the bicyclist intends to proceed, the bicyclist may
proceed in the new direction.
(c) Notwithstanding the provisions of Paragraphs (a) and (b) of this
Subsection (8), the City Traffic Engineer may cause official traffic
control devices to be placed on roadways and thereby require and
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direct that a specific course be traveled and operators of bicycles,
electric-assistedor electrical assisted bicycles and motorize
bicycles shall obey the directions of every such device.
(9) (a) Except as otherwise provided in this Subsection (9), every person
riding a bicycle, electric-assisted bicycle or electrical assisted bicycle
or shall signal his or her intention to turn or stop
in accordance with the provisions of Section 903 ; except that a
person riding a bicycle or electrical assisted bicycle may signal a
right turn with the right arm extended horizontally.
(b) A signal of intention to turn right or left when required shall be given
continuously during not less than the last one hundred ( 100) feet
traveled by the bicycle or electrical assisted bicycle before turning
and shall be given while the bicycle or electrical assisted bicycle is
stopped waiting to turn. A signal by hand and arm need not be given
continuously if the hand is needed in the control or operation of the
bicycle, electric-assisted bicycle or electrical assisted or motorized
bicycle.
( 10) (a) A person riding a bicycle or electrical assisted bicycle upon and
along a sidewalk or pathway or across a roadway upon and along a
crosswalk shall yield the right-of-way to any pedestrian and shall
give an audible signal before overtaking and passing such pedestrian.
A person riding a bicycle in a crosswalk shall do so in a manner that
is safe for pedestrians
(b) A person shall not ride a bicycle or electrical assisted bicycle upon
and along a sidewalk or across a roadway upon and along a crosswalk
where such use of bicycles or electrical assisted bicycles isare
prohibited by official traffic control devices or local ordinances . A
person riding a bicycle or electrical assisted bicycle shall dismount
before entering any crosswalk where required by official traffic
control devices or ordinance.
(c) A person riding or walking a bicycle or electrical assisted bicycle
upon and along a sidewalk or across a roadway upon and along a
crosswalk shall have all the rights and duties applicable to a
pedestrian under the same circumstances, including but not limited
to the rights and duties granted and required by Section 802 .
(d) Motorized b cycle ssLow-power scooters are restricted at all times
from riding upon and along a sidewalk, or across a highway or street
upon or along a crosswalk, except when the motorized bicycfelow-
power scooter operator has dismounted the low-
-25 -
power scooter and is walking the low-power
scooter under human power.
( 11 ) (a) A person may park a bicycle, electric-assisted bicyck. or electrical
assisted bicycle on a sidewalk unless prohibited
or restricted by an official traffic control device or local ordinance.
(b) A bicycle, cicctric-assistcd bicycle or electrical assisted bicycle or
motorized bicycl�.a parked on a sidewalk shall not impede the normal
and reasonable movement of pedestrian or other traffic.
(c) A bicycle, cicctric-assistcd bicych.. or electrical assisted bicycle or
motorized bieyefe may be parked on the road at any angle to the curb
or edge of the road at any location where parking is allowed.
(d) A bicycle, electric-assisted bicych.. or electrical assisted bicycle or
motorized bieyefe may be parked on the road abreast of another such
bicycle or bicycles, motorized bicycle, electric-assisted
motorized bicycles near the side of the road or any location where
parking is allowed in such a manner as does not impede the normal
and reasonable movement of traffic .
(e) In all other respects, bicycles, electric-assisted bicycles or electrical
assisted bicycles arked anywhere on a
highway shall conform to the provisions of Part 11 of this Traffic
Code regulating the parking of vehicles .
( 12) Where suitable bike paths, horseback trails or other trails have been
established on the right-of-way or parallel to and within one-fourth ('/4) mile
of the right-of-way of heavily traveled streets and highways, the Colorado
Department of Transportation may, subject to the provisions of Section 43 -2-
1351 C .R. S . , by resolution or order, and the City Traffic Engineer may, where
suitable bike paths, horseback trails or other trails have been established on
the right-of-way or parallel to it within four hundred fifty (450) feet of the
right-of-way of heavily traveled streets, by ordinance, determine and
designate, upon the basis of an engineering and traffic investigation, those
heavily traveled streets and highways upon which shall be prohibited any
bicycle, animal rider, animal-drawn conveyance or other class or kind of
nonmotorized traffic which is found to be incompatible with the normal and
safe movement of traffic, and, upon such a determination, the Colorado
Department of Transportation or the City shall erect appropriate official signs
giving notice thereof; except that with respect to controlled access highways,
the provisions of Section 42-4- 1010(3 ), C .R. S . , shall apply. When such
official signs are so erected, no person shall violate any of the instructions
contained thereon.
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( 13 ) For the sake of uniformity of bicycl , electric-assisted bicycle or electrical
assisted bicycle and motorized bicycle safety rules throughout the State, the
Colorado Department of Revenue, in cooperation with the Colorado
Department of Transportation, shall prepare and make available to all local
jurisdictions for distribution to bicycl , electric-assisted bicycle and electrical
assisted bicycle and motorized bicycle riders therein a digest of state
regulations explaining and illustrating the rules of the road, equipment
requirements and traffic control devices that are applicable to such riders and
their bicycles, electric-assisted bicycles or electrical assisted bicycles or
motorized bicycles . The City Traffic Engineer may supplement this digest
with a leaflet describing any additional regulations of a local nature that are
applieabicapply within their respective jurisdictions .
( 14) A person riding a bicycle upon and along a recreational trail, as defined in
Section 23 -3 of the City Code, shall yield the right-of-way to any pedestrian
using the recreational trail and shall give an audible signal or verbal warning
before overtaking and passing any such pedestrian.
(15 ) The rider of an electrical assisted bicycle shall not use the electrical motor on
a bike or pedestrian path.
Section 36 . That Section 1501 of the Fort Collins Traffic Code is hereby amended to read
as follows :
1501 . Traffic laws apply to persons operating motorcycles orinotor-driv
cyxi"low-power scooters - special permits.
( 1 ) Every person operating a motorcycle or - low-power
scooters shall be granted all of the rights and shall be subject to all of the
duties applicable to the driver of any other vehicle under this Traffic Code,
except as to special regulations in this Traffic Code and except as to those
provisions of this Traffic Code which by their nature can have no application.
(2) For the purposes of a prearranged organized special event and upon a
showing that safety will be reasonably maintained, the Colorado Department
of Transportation or the City of Fort Collins Transportation Authority may
grant a special permit exempting the operation of a motorcycle or motor
flow-power scooter from any requirement of this Part 15 .
Section 37 . That Section 1502 of the Fort Collins Traffic Code is hereby amended to read
as follows :
1502 . Riding on motorcycles or inotox -driven - protective helmet.
( 1 ) A person operating a motorcycle or - low-power scooter
shall ride only upon the permanent and regular seat attached thereto, and
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such operator shall not carry any other person nor shall any other person ride
on a motorcycle or - low-power scooter unless such
motorcycle or - low-power scooter is designed to carry
more than one ( 1 ) person, in which event a passenger may ride upon the
permanent seat if designed for two (2) persons or upon another seat firmly
attached to the motorcycle or motor-driven cycle at the rear or side of the
operator.
(2) A person shall ride upon a motorcycle or - low-power
scooter only while sitting astride the seat, facing forward, with one ( 1 ) leg on
either side of the motorcycle or - low-power scooter.
(3 ) No person shall operate a motorcycle or - low-power
scooter while carrying packages, bundles or other articles which prevent the
person from keeping both hands on the handlebars .
(4) No operator shall carry any person nor shall any person ride in a position that
will interfere with the operation or control of the motorcycle ormotor-driven
eyefelow-power scooter or the view of the operator.
(4 . 5) (a) A person shall not operate or ride as a passenger on a motorcycle or
low-power scooter on a roadway unless :
(I) each person under eighteen ( 18) years of age is wearing a
protective helmet of a type and design manufactured for use
by operators of motorcycles ;
(11) the protective helmet conforms to the design and
specifications set forth in paragraph (b) of this subsection
(4 . 5); and
(111) the protective helmet is secured properly on the person' s head
with a chin strap while the motorcycle is in motion.
(b) A protective helmet required to be worn by this subsection (4 . 5 ) shall :
(1) be designed to reduce injuries to the user resulting from head
impacts and to protect the user by remaining on the user' s
head, deflecting blows, resisting penetration, and spreading
the force of impact;
(lI) consist of lining, padding, and chin strap ; and
(111) meet or exceed the standards established in the United States
Department of Transportation Federal Motor Vehicle Safety
Standard No . 218 , 49 CFR 571 . 218, for motorcycle helmets .
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Section 38 . That Section 1502 of the Fort Collins Traffic Code is hereby amended to read
as follows :
1503. Operating motorcycles or inotormdriven cycleslow-power scooters on
roadways laned for traffic.
( 1 ) All motorcycles or - low-power scooters are entitled to full
use of a traffic lane, and no motor vehicle shall be driven in such a manner
as to deprive any motorcycle or - low-power scooter of the
full use of a traffic lane. This Subsection ( 1 ) shall not apply to motorcycles
or - low-power scooters operated two (2) abreast in a
single lane.
(2) The operator of a motorcycle or - low-power scooter shall
not overtake or pass in the same lane occupied by the vehicle being
overtaken.
(3 ) No person shall operate a motorcycle or - low-power
scooter between lanes of traffic or between adjacent lines or rows of vehicles .
(4) Motorcycles or - low-power scooters shall not be operated
more than two (2) abreast in a single lane.
(5 ) Subsections (2) and (3 ) of this Section shall not apply to police officers in the
performance of their official duties .
Section 39 . That Section 1504 of the Fort Collins Traffic Code is hereby amended to read
as follows :
1504. Clinging to other vehicles.
No person riding upon a motorcycle or - low-power scooter shall
attach himself or herself or the motorcycle or - low-power scooter
to any other vehicle on a roadway.
Section 40 . That Section 1903 (2) of the Fort Collins Traffic Code is hereby amended to
read as follows :
1903 . School buses - stops - signs - passing.
(2) (a) Every school bus as defined in Section 42- 1 - 102 (88), C .R. S . , other
than a small passenger-type vehicle having a seating capacity of not
more than fifteen ( 15), used for the transportation of school children
shall :
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(I) Bear upon the front and rear of such school bus plainly
visible and legible signs containing the words " SCHOOL
BUS " in letters not less than eight (8) inches in height; and
(f f) Display eight (8 ) vistial signal lights , which shall be two (2)
alternating flashing red lights visible to the drivers of vehieles
approaching ftom the ftont of said bns , two (2) alternating
flashing red fights visible to thc drivers of vchicks
approaching from the rear of said bus, and four (4) vistiall
signal lights mounted near eaeh of the four (4) red lights an
at the same levef but eloser to the vertieaf center fine of the
bus and which shat! be alternately flashing with two (2)
Yvisible to the front and two (2) visible to the rear. Th
visual signal fights shall be mounted as high as praeficable ,
shall be as widefy spaced lateraffy as practicable, and shat! be
intensity to be visible at five hundred (500) feet in normall
sunlight.
lights, they shall be aettiated by the driver of said sehool bus
whenever stieh vehiele is stopped for the purpose of receiving
or discharging schoolehildren and at no other time ; but stieh
fights need not be actuated when any said school bns is
stopped at locations wilere the local traffie regulator
anthority has by prior written designation deelared
actuation unneeessary .
(II) A school bus shall be exempt from the provisions of
Subparagraph (I) of this Paragraph (b) when stopped for the
purpose of discharging or loading passengers, who require the
assistance of a lift device only when no passenger is required
to cross the roadway. Such buses shall stop as far to the right
of the roadway as possible to reduce obstruction to traffic .
(6) The alternating flashing yellow lights shall be actuated at least two
hundred (200) feet prior to the point where the bus is to be stopped
for the purpose of receiving or discharging school children, and the
red lights shall be actuated only at the time the bus is actually
stopped.
Section 41 . That certain definitions in Section 2002 of the Fort Collins Traffic Code are
hereby amended to read as follows :
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(5) Bicycle. P�A vehicle propelled s lefy-by human power applied to pedals
upon which anya person may ride, having two (2) tandem wheels or two (2)
parallel wheels and one ( 1 ) forward wheel, all of which are more than
fourteen ( 14) inches in diameter.
( 13 ) Motor vehicle. Any self-propelled vehicle whit that is designed primarily
for travel on the public highways and whit! that is generally and commonly
used to transport persons and property over the public highways, butexcept
that the term does not include motorized bicycles as defined in Subsectio
low-power scooters, wheelchairs as defined by SubsectiouL
(4t ) of this , or vehicles moved solely by human power. Motor
vehicle includes a neighborhood electric vehicle . For purposes of the
offenses described in Section 42-4- 1401 , C .R. S . for farm tractors operated
on streets and highways, motor vehicle includes a farm tractor, which is not
otherwise classified as a motor vehicle .
( 14) Motorcycle. Every motor vehicle designed to travel on not more than three
(3 ) wheels in contact with the ground, except aliy vehicle as may be include
within that the term does not include a farm tractor as herein defined
and except a motorized bicycle as definedin Subsection ( 16) of thios
Sectiartor a low-power scooter.
(42) Vehicle. AmyA device vdhichthat is capable of moving itself, or being moved,
from place to place upon wheels or endless tracks; vVehicle includes,
anywithout limitation, a bicycle, electric-assisted bicycle or motoriz
bieycleelectrical assisted bicycle, or EPAMD, but such term does not include
anya wheelchair, , off-highway
vehicles,, any-snowmobile;, any-farm tractor or any implement of husbandry
designed primarily or exclusively for use and used in agricultural operations;
or any device movedelectric---
assisted bicycle or motorized bicycle), rnovc
exclusively over stationary
rails or tracks, or designed to move primarily through the air.
Section 42 . That the definitions of "Electric assisted bicycle ", "Motor driven cycle ",
"Motorized bicycle", "Motorized bicycle ", and "Motor scooter and motor bicycle " are hereby
deleted as follows :
( f 0) Rectric-assisted biryete . A vehicle that is designed to br, operated On tile
gromid on wheels, has a seat or saddle for nsr, of the tidet , is designed
not more that three (3 ) wheels in contact with the ground, is equipped
a battery-powered electric helper motor havil1r, U �UFU� I LY! F of not more that
one thousand ( f , 000) watts con g, Which motor is
on level pavement, has two (2) fally operative pedals for human propulsio
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bikes ,that can act independcnfly of the motor and is not a motorizcd bieyele withi
the ineaning of Subsection ( 16) of this Sectioir.
a motor which produces not to execcd six (6) brake horscpower and evcr
bicycle with motor attached, but not trail
carts , golf
- -
Section.carts and siniflar vehicfes which are not designed for or approved by��
eolorado Department of Transportation for vsc on the pttblic roads or
,
. ,
and automatic transinissiolul
which produces a maximmin design speed of not more than thirty (30) miles
f 7) Motor srooter and inotor bir He . Every motor vchicle designed to travc! o
not more than three (3 ) wheels in contact with the ground, except any suc
vchick as may be incinded within the ternifial in tivrtni as defined in this
Section and any 1I7(7t(7HZVd hicycte as define in Subsection ( 16) of this
Sectioni which motor vchicle is powered by an cngine of not to cxccc
(6) brake horsepower.
Section 43 . That the following definitions are hereby added to Section 2002 of the Fort
Collins Traffic Code in alphabetical order with all definitions within Section 2002 numbered
sequentially :
Electrical assisted bicycle. A vehicle having two (2) tandem wheels or two
(2) parallel wheels and one ( 1 ) forward wheel, fully operable pedals, an
electric motor no exceeding seven hundred fifty (750) watts of power, and a
top motor-powered speed of twenty (20) miles per hour.
Electric personal assistive mobility device or EPAW. A self-balancing,
non-tandem two (2) wheeled device, designed to transport only one ( 1 )
person, that is powered solely by an electric propulsion system producing an
average power output of no more than seven hundred fifty (750) watts .
Low power scooter. A self-propelled vehicle designed primarily for use on
the roadways with not more than three (3 ) wheels in contact with the ground,
no manual clutch, and either of the following:
(I) a cylinder capacity not exceeding fifty (50) cubic centimeters
if powered by internal combustion; or
(II) a wattage not exceeding four thousand four hundred seventy-
six (4,476) if powered by electricity.
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Low power scooter shall not include a toy vehicle, bicycle, electrical assisted
bicycle, wheelchair, or any device designed to assist mobility impaired
people who use pedestrian rights-of-way.
Toy vehicle. Any vehicle whether or not home-built by the user, that has
wheels with an outside diameter of not more than fourteen ( 14) inches and
is not designed, approved, or intended for use on public roadways or
highways or for off-road use . Toy vehicle includes , but is not limited to, gas-
powered or electric-powered vehicles, commonly known as mini bikes,
"pocket" bikes, kamikaze boards, go-peds, and stand-up scooters . Toy
vehicle does not include off-highway vehicles or snowmobiles .
Section 44 . That the effective date of Section 239 will be December 1 , 2009 .
Section 45 . That the effective date Section 802 will be July 1 , 2010 .
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Introduced, considered favorably on first reading, and ordered published this 6th day of
October, A.D . 2009, and to be presented for final passage on the 20th day of October, A.D . 2009 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 20th day of October, A. D . 2009 .
Mayor
ATTEST :
City Clerk
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