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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/04/2003 - FIRST READING OF ORDINANCE NO. 016, 2003, SEPARATE AGENDA ITEM SUMMARY ITEM NUMBER: 12 FORT COLLINS CITY COUNCIL DATE: February-4, 2003 FROM: Jeff O'Brien SUBJECT : First Reading of Ordinance No. 016, 2003, Separately Codifying "The Fort Collins Traffic Code"; Repealing All Conflicting Ordinances; and Making Certain Related Amendments to Chapter 28 of the City Code. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: Background: In 1977, the City of Fort Collins adopted the revised edition of the Model Traffic Code for Colorado Municipalities, a generic document designed to provide uniformity throughout the state pertaining to laws governing the movement of vehicles and pedestrians on streets and highways. The 1977 Model Traffic Code also gave municipalities the power to adopt portions of the Model Traffic Code which were applicable to the local traffic situation, provided those laws or ordinances adopted or modified were not in conflict with state law. The 1977 Model Traffic Code mirrored the State of Colorado's C.R.S. Title 42 Statutes for Vehicle and Traffic Enforcement with the exception of areas pertaining to driver's licenses, vehicle registration, and alcohol or drug related driving offenses, as these statutes are enforced and handled at the county and district court level. The State no longer uses this Model Traffic Code edition and no other jurisdiction has retained it except Fort Collins. This document has been used by the City since 1977 with numerous changes and updates as the years passed. Problem: The 1977 Model Traffic Code's generic nature does not meet the specific needs for the City of Fort Collins. It is no longer in print, and has not been available for over 10 years. There is a new edition of the Model Traffic Code scheduled for release in 2003, but it does not fully meet the current needs of City of Fort Collins because of its generic nature. # The 1977 Model Traffic Code has been sporadically updated by the City through a series of amendments contained in the City Code in order to reflect changes made to state laws, as well as amended to reflect the changing needs of the city regarding the regulation of traffic. Those changes that have been made require users to research in two separate books for the most accurate and up-to-date information (the Model Traffic Code itself and the City Code). These books are not readily available to police officers. In 1998, an internal manual was created for use by Fort Collins police officers in an effort to consolidate and update all the changes made to the 1977 Model Traffic Code manual. This enabled the agency to provide a usable, if temporary, enforcement document to its officers. DATE: ITEM NUMBER: 12 Solution: In 1998, discussions were undertaken about the feasibility of creating a new Traffic Code for the City of Fort Collins, making it a stand alone, separately codified document, and repealing the outdated 1977 Model Traffic Code. A committee consisting of representatives from the City Attorneys Office, City Municipal Court Violations Bureau, City Police Services, City Parking Management, City Traffic Engineering, and the Colorado State University Police Department was initially formed to develop the new manual. After five years and numerous revisions and input from various affected staff, this new traffic code for the City of Fort Collins was created. The document is now entitled "Fort Collins Traffic Code" and has been updated to reflect the most recent changes in the State of Colorado's C.R.S. Title 42 Vehicle and Traffic Enforcement statutes and to reflect the current and future traffic enforcement needs and issues specific to the City of Fort Collins and Colorado State University, such as: • incorporating state requirements for camera red light and radar enforcement; • providing for pavement markings in addition to signage in regards to handicapped parking; • updating the enforcement of restrictions on skateboarding, bikes, etc. where posted on plazas and walkways; and • clarifying parking and towing ordinances to allow parking services officers, CSOs in addition to FCPS officers to immobilize vehicles. • incorporating state rules for traffic control in natural areas and parks. There is one section of the Traffic Code that will be new and unique to Fort Collins which governs the manner in which funeral processions are conducted in the City. This section was drafted to address concerns and questions which have arisen from citizens. This section was added after input was solicited from funeral directors in the City. Another section, one relating to license plates, is a new section from state statutes and allows FCPS to write these violations into municipal,rather than state, court. The final version of the Fort Collins Traffic Code has been reviewed and approved by staff from the various representative agencies within the City of Fort Collins and Colorado State University. In addition, it has been forwarded to and been granted preliminary by the State of Colorado Department of Transportation pending final action by this Council. • ORDINANCE NO. 016, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AND SEPARATELY CODIFYING THE "FORT COLLINS TRAFFIC CODE'"; REPEALING ALL CONFLICTING ORDINANCES; AND MAKING CERTAIN RELATED AMENDMENTS TO CHAPTER 28 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS,the City of Fort Collins is a home-rule municipality,and is authorized by Article XX, Section 6 of the Colorado Constitution,the provisions of state statutes, and its City Charter to develop ordinances regulating vehicles and traffic within the City; and WHEREAS, the City has previously adopted the 1977 Model Traffic Code, including amendments thereto, as contained in Chapter 28 of the City Code; and WHEREAS,the 1977 Model Traffic Code has been out of print for ten years and is no longer available; and WHEREAS, the City has amended the 1977 Model Traffic Code numerous times since its adoption to reflect changing state laws and local needs of the City, which requires users (citizens, staff and law enforcement personnel) to consult two separate documents (the Model Traffic Code • itself and the City Code); and WHEREAS,the City Council wishes to provide a comprehensive, single codification of the ordinances and laws regulating traffic for convenience and understanding by the community as well as for ease in interpretation and implementation by City staff, including law enforcement officers; and WHEREAS, the codification of the proposed Traffic Code encompasses recent changes in state law(including camera radar)and clarifies regulations pertaining to funeral escorts,parking and towing ordinances,rules for traffic control in natural areas and parks,license plates,and enforcement of restrictions on skateboarding, bikes,etc. where posted; and WHEREAS, over the past five years, representatives from affected City departments (Municipal Court,Traffic Engineering,Transportation Services,Parking Services,City Attorney's Office,Fort Collins Police Services),as well as representatives form the Colorado State University Police Department have met and provided input, and have reviewed and approved the proposed Traffic Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO as follows: Section 1. That the"Fort Collins Traffic Code",dated January 29,2003,a copy of which • is on file in the office of the City Clerk and incorporated herein by this reference,is hereby adopted by the Council to be hereafter used by the City as the traffic control regulations within the City as specified therein. Section 2. That Section 28-16 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec.28-16. Adoption of standards the_4E'kCollins"" (a) Pursuant to the Charter and the laws of the state, State Depattinent of Highways, 4201 East ATkansas Avenue, Denver, eulmado; 86222.there is hereby adopted the"Fort Collins Traffic Code." The subject matter of the Model Fort Collins Traffic Code relates primarily to comprehensive traffic control regulations for the city. (b) The purpose of this Article and the eo&Fort Collins Traffic Code, as adopted herein and as subsequently amended, is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and the nation. (c) Three (3) copies of the Model Fort Collins Traffic Code adopted herein are filed in the office of the City Clerk and may be inspected during regular business hours. The '"""T JitiUn of it 'el Fort Collins.Traffic Code,together with any subsequent amendments thereto,is adopted as if set out at length and the provisions thereof shall be controlling within the city. Section 3. That Section 28-17 of the Code of the City of Fort Collins is hereby repealed in its entirety. Section 4. That Section 28-18 of the Code of the City of Fort Collins is hereby renumbered and amended to read as follows: Sec. 28-181I. Violations and penalties. (a) It is unlawful for any person to violate any of the provisions of the Model Fort Colfin' s'Traffic Code as adopted and-amended-in this Article and as subsequently amended. (b) Every person convicted of a violation of any provision of the Model Fort Co11}p�Traffic Code as adopted or amended m Nnscicshall be punished bya fine not exceeding one thousand dollars'($1�;rQ00'OQ), orby, rmpnso niien�not - exceeding `o',iie yeaz'(365) days; or by lion suchafine an mpnsonmen ,and as provided in Section 1-15. Section 5. That Section 28-19 of the Code of the City of Fort Collins is hereby renumbered and amended to read as follows: Sec. 28-1918. Applicability. This Article shall apply to every street, alley, sidewalk area, driveway, park and to every other public way or public place or public parking area,either within or outside the corporate limits of this municipality, the use of which this municipality has jurisdiction and authority to regulate. The provisions of sections �b'',,,TMI r 01,4402 4A9, 1413,and par4^16 c f CO_lj� 5 :,5 2rrzII��T 23-3-ef the Medel Traffic Code,as adopted ands u amended heremw°}i�}Y refer, respectively cancerningto unauthorized devices, limitations 'on backing, reckless driving, careless driving, insurance compliance, unauthorized dmicm, hinitationonbaelcing, luding an officer and accident investigation, shall apply not only to public places and ways but throughout the city. Section 6. That Section 28-20 of the Code of the City of Fort Collins is hereby renumbered and amended to read as follows: Sec. 28-2019. Construal of provisions. This Article shall be so interpreted and construed as to effectuate its general purpose to conform with the state's uniform system for the regulation of vehicles and traffic. Article and section headings of this Article and adopted Model Fort Collins Traffic Code shall not be deemed to govem, limit, modify or in any way affect the scope, meaning or extent of the provisions of any article or section thereof. Section 7. That Section 28-21 of the Code of the City of Fort Collins is hereby repealed in its entirety. Section 8. That,if any part or parts of this ordinance are for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. Section 9. That existing ordinances, or parts thereof that are inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance. Section 10. That the current codifier of the Code of the City of Fort Collins is hereby directed to amend all catchlines, history notes, and references and editor's notes, as well as all existing cross references in the Chapter 28, Article H of the City Code in accordance with the provisions of this ordinance. Section 11. The City Clerk shall certify to the passage of this Article and make three copies of the adopted Fort Collins Traffic Code available for inspection by the public during regular business hours. Section 12. The provisions of Sections 1 through 7 and Sections 9 through 11 of this Ordinance shall take effect as of 12:01 a.m. on April 1, 2003. Introduced, considered favorably on first reading and ordered published this 4th day of February, A.D. 2003, to be presented for final passage on the 18th day of February,A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted after public hearing and on final reading this 18th day of February, A.D. 2003. Mayor ATTEST: City Clerk NOTICE OF PUBLIC HEARING NOTICE is hereby given that,on February 18,2003,at 6:00 p.m.,or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall,300 LaPorte Avenue,Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing in conjunction with the second reading of an ordinance adopting the"Fort Collins Traffic Code",as the traffic ordinance of the City of Fort Collins, Colorado. Copies of the Fort Collins Traffic Code are on file at the office of the City Clerk and may be inspected during regular business hours. If enacted as an ordinance of this city, the Fort Collins Traffic Code will not be published in full,but in accordance with state and local law,copies will be kept on file and also made available for distribution and sale to the public. The subject matter of the Fort Collins Traffic Code relates primarily to comprehensive traffic control regulations for the City. The purpose of the ordinance and the Code adopted therein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and the nation. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Dated this 2nd day of February, A.D. 2003. City Clerk • FORT COLLINS TRAFFIC CODE DATED JANUARY 29, 2003 i PART 1-TRAFFIC REGULATION-GENERALLY 101. Required obedience to Traffic Code It is a violation of this Traffic Code for any person to do any act forbidden or fail to perform any act required in this Traffic Code. 102. Applicability. This Traffic Code shall apply to every street, alley,sidewalk area, driveway,park and to every other public way or public place or public parking area,either within or outside the corporate limits of the City, the use of which the City has jurisdiction and authority to regulate. The provisions of sections 606, 1211, 1401, 1402, 1409, 1413, and 1601of this Traffic Code, as adopted and amended herein, respectively concerning unauthorized devices, limitations on backing, reckless driving, careless driving, insurance compliance, eluding an officer and accident investigation shall apply not only to public places and ways, but anywhere throughout the city. 103. Scope and effect of Model Traffic Code-exceptions to provisions. (1) This Traffic Code constitutes the traffic code throughout this jurisdiction. (2) The provisions of this Traffic Code relating to the operation of vehicles and the movement of pedestrians refer exclusively to the use of streets and highways except: (a) Where a different place is specifically referred to in a given section. 104. Construal of provisions. This Traffic Code shall be so interpreted and construed as to effectuate its general purpose to conform to the state's uniform system for the regulation of vehicles and traffic. Part and section headings of this Traffic Code shall not be deemed to govern, limit, modify, or in any way affect the scope, meaning, or extent of the provisions of any part or section thereof. 105. Local traffic control devices. The City shall place and maintain such traffic control devices upon highways under its jurisdiction as it may deem necessary to indicate and to carry out the provisions of this Traffic Code regulate,warn,or guide traffic,subject in the case of state highways to the provisions of sections 424-110 and 43-2-135(1)(g), C.R.S'All such traffic control devices shall conform to the state manual and specifications for statewide uniformity as provided in section 424-104,C.R.S. 106. Certification by City Clerk;copies to be retained. The City Clerk shall certify to the passage of this Traffic Code and make not less than three copies of the Fort Collins Traffic Code available for inspection by the public during regular business hours. 2 107. Public officers to obey provisions-exceptions for emergency vehicles. (1) The provisions of this Traffic Code applicable to the drivers of vehicles upon the streets or highways of the City shall apply to the drivers of all vehicles owned or operated by the United States,this state,or any county,city,town,district, or other political subdivision of the state, subject to such specific exceptions as are set forth in this Traffic Code with reference to authorized emergency vehicles. (2) The driver of an authorized emergency vehicle,when responding to an emergency call or when in pursuit of an actual or suspected violator of the law,or when responding to but not upon returning from a fire alarm,may exercise the privileges set forth in this section,but subject to the conditions stated in this Traffic Code. The driver of an authorized emergency vehicle may: (a) Park or stand,irrespective of the provisions of this Traffic Code or state law; (b) Proceed past a red or stop signal or stop sign,but only after slowing down as may be necessary for safe operation; (c) Exceed the lawful speeds set forth in section 1101(2)or exceed the maximum lawful speed limits set forth in section 1101(8)so long as said driver does not endanger life or property; (d) Disregard regulations governing directions of movement or turning in specified directions. (3) The exemptions granted in paragraphs(b)to(d)of subsection(2)of this section to an authorized emergency vehicle shall apply only when such vehicle is making use of audible and/or visual signals meeting the requirements of section 213,and the exemption granted in paragraph(a)of subsection(2)of this section shall apply only when such vehicle is making use of visual signals meeting the requirements of section 213 unless using such visual signals would cause an obstruction to the normal flow of traffic;except that an authorized emergency vehicle being operated as a police vehicle while in actual pursuit of a suspected violator of any provision of this title need not display or make use of audible and/or visual signals so long as such pursuit is being made to obtain verification of or evidence of the guilt of the suspected violator. Nothing in this section shall be construed to require an emergency vehicle to make use of audible signals when such vehicle is not moving,whether or not the vehicle is occupied. (4) The provisions of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons,nor shall such provisions protect the driver from the consequences of such driver's reckless disregard for the safety of others. (5) In addition to the foregoing provisions of this section, the parking requirements of this Traffic Code shall not apply to the driver of a city motor vehicle using camera radar to detect speeding violations under section 1106 of this Traffic Code or to the driver of an authorized emergency vehicle,provided that such vehicles,at the time they parked,are being used by law enforcement or emergency services personnel in the performance of their official duties. Further, nothing in this paragraph shall relieve such drivers from the duty to park their vehicles with due regard for the safety of all persons, nor shall this paragraph protect such drivers from the consequences of their reckless disregard for the safety of others. 108. Provisions uniform throughout jurisdiction. (1) The provisions of this Traffic Code shall be applicable and uniform throughout the City. 3 (2) The City shall regulate and enforce all traffic and parking restrictions on streets which are state highways as provided in sections 424-110(1)(e)and 43-2-135(1)(g),C.R.S. (3) The City may enact,adopt,or enforce traffic regulations which cover the same subject matter as the various sections of this Traffic Code or state law and such additional regulations as are included in section 42-4-111,C.R.S. (4) The Fort Collins Municipal Court shall have jurisdiction over violations of traffic regulations enacted or adopted by City Council. 109. Reserved. 110. Reserved. Ill. Reserved. 112. Noninterference with the rights of owners of realty. Subject to the exception provided in section 103(2),nothing in this Traffic Code shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as matter of right from prohibiting such use,or from requiring other or different or additional conditions than those specified in this Traffic Code,or from otherwise regulating such use as may seem best to such owner. 113. Reserved. 114. Removal of traffic hazards. (1) The Traffic Engineer or other local authority may by written notice sent by certified mail require the owner of real property abutting on the right-of-way of any highway,sidewalk,or other public way to trim or remove,at the expense of said property owner,any tree limb or any shrub,vine, hedge,or other plant which projects beyond the property line of such owner onto or over the public right-of-way and thereby obstructs the view of traffic,obscures any traffic control device, or otherwise constitutes a hazard to drivers or pedestrians. (2) It is the duty of the property owner to remove any dead,overhanging boughs of trees located on the premises of such property owner that endanger life or property on the public right-of-way. (3) In the event that any property owner fails or neglects to trim or remove any such tree limb or any such shrub,vine,hedge,or other plant within ten days after receipt of written notice from said the City to do so,the City may do or cause to be done the necessary work incident thereto,and said property owner shall reimburse the City for the cost of the work performed. PART 2-EQUIPMENT 201. Obstruction of view or driving mechanism-hazardous situation. (1) No person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons,exceeding three,as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. (2) No person shall knowingly drive a vehicle while any passenger therein is riding in any manner which endangers the safety of such passenger or others. 4 (3) No person shall drive any motor vehicle equipped with any television viewer,screen,or other means of visually receiving a television broadcast which is located in the motor vehicle at any point forward of the back of the driver's seat or which is visible to the driver while operating the motor vehicle,except law enforcement or emergency services personnel while operating an emergency vehicle. The provisions of this subsection(3)shall not be interpreted to prohibit the usage of any computer,data terminal,or other similar device in a motor vehicle. (4) No vehicle shall be operated upon any highway unless the driver's vision through any required glass equipment is normal and unobstructed. (5) No passenger in a vehicle shall ride in such position as to create a hazard for such passenger or others,or to interfere with the driver's view ahead or to the sides,or to interfere with the driver's control over the driving mechanism of the vehicle;nor shall the driver of a vehicle permit any passenger therein to ride in such manner. (6) No person shall hang on or otherwise attach himself or herself to the outside,top,hood,or fenders of any vehicle,or to any other portion thereof,other than the specific enclosed portion of such vehicle intended for passengers or while in a sitting position in the cargo area of a vehicle if such area is fully or partially enclosed on all four sides,while the same is in motion;nor shall the operator knowingly permit any person to hang on or otherwise attach himself or herself to the outside,top,hood, or fenders of any vehicle,or any other portion thereof,other than the specific enclosed portion of such vehicle intended for passengers or while in a sitting position in the cargo area of a vehicle if such area is fully or partially enclosed on all four sides,while the same is in motion. This subsection(6)shall not apply to parades,caravans,or exhibitions which are officially authorized or otherwise permitted by law. (7) No person shall board or alight from any vehicle while such vehicle is in motion,except for law • enforcement or emergency services personnel in the performance of their official duties. (8) The provisions of subsection(6)of this section shall not apply to a vehicle owned by the United States government or any agency or instrumentality thereof,or to a vehicle owned by the state of Colorado or any of its political subdivisions,or to a privately owned vehicle when operating in a governmental capacity under contract with or permit from any governmental subdivision or under permit issued by the public utilities commission of the state of Colorado,when in the performance of their duties persons are required to stand or sit on the exterior of the vehicle and said vehicle is equipped with adequate handrails and safeguards. 202. Unsafe vehicles-penalty. (1) It is unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person,or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this section and sections 204 to 231 and part 3 of this Traffic Code,or which is equipped in any manner in violation of said sections and part 3 or for any person to do any act forbidden or fail to perform any act required under said sections and part 3. (2) The provisions of this section and sections 204 to 231 and part 3 of this Traffic Code with respect to equipment on vehicles shall not apply to implements of husbandry or farm tractors, except as made applicable in said sections and part. (3) Nothing in this Traffic Code shall be construed to prohibit the use of additional parts and accessories on any vehicle,consistent with the provisions of this Traffic Code or state law. 5 203. Unsafe vehicles-spot inspections. (1) Uniformed law enforcement officers,at any time upon reasonable cause,may require the driver of a vehicle to stop and submit such vehicle and its equipment to an inspection and such test with reference thereto as may be appropriate. The fact that a vehicle is an older model vehicle shall not alone constitute reasonable cause. In the event such vehicle is found to be in an unsafe condition or the required equipment is not present or is not in proper repair and adjustment,the officer may give a written notice and issue a summons to the driver. Said notice shall require that such vehicle be placed in safe condition and properly equipped or that its equipment be placed in proper repair and adjustment,the particulars of which shall be specified on said notice. (2) In the event any such vehicle is,in the reasonable judgment of such police officer,in such condition that further operation would be hazardous,the officer may require,in addition to the instructions set forth in subsection(1)of this section,that the vehicle be moved at the operator's expense and not operated under its own power or that it be driven to the nearest garage or other place of safety. (3) Every owner or driver upon receiving the notice and summons issued pursuant to subsection(1)of this section shall comply therewith and shall secure a that such vehicle is in safe condition and its equipment has been placed in proper repair and adjustment and otherwise made to conform to the requirements of this Traffic Code. (4) (a) (I) Except as provided for in subparagraph(II)or subparagraph(III)of this paragraph(a),any owner receiving written notice and a summons pursuant to this section is guilty of a traffic offense and,upon conviction thereof,shall be punished by a fine. (II) If the owner repairs the unsafe condition or installs or adjusts the required equipment prior to their arraignment date and presents the certification required in subsection(3)of this section to the municipal court,no fine shall be imposed. (III) If the owner submits to the municipal court at the time of their arraignment date proof that he has disposed of the vehicle for junk parts or immobilized the vehicle and he also submits to the court the registration and license plates for the vehicle,no fine shall be imposed if the owner wishes to relicense the vehicle in the future,he must obtain the certification required in subsection(3)of this section. (b) (I) Except as provided for in subparagraph(II)of this paragraph(b),any non-owner driver receiving written notice and a summons pursuant to this section is guilty of a traffic offense and,upon conviction thereof,shall be punished by a fine. (11) If the driver submits to the municipal court at the time of thew arraignment date proof that he was not the owner of the car at the time the summons was issued and that he mailed,within five days of issuance thereof,a copy of the notice and summons by certified mail to the owner of the vehicle at the address on the registration,no fine shall be imposed. (c) Upon a showing of good cause that the required repairs or adjustments cannot be made prior to their arraignment date,the municipal court may extend the period of time for installation or adjustment of required equipment as may appear justified. (d) The owner may,in lieu of appearance,submit to the municipal court,prior to the arraignment date the certification specified in subsection(3)of this section and the appropriate fine stated on the penalty assessment notice and summons. 6 204. When lighted lamps are required. (1) Every vehicle upon a highway within the City,between sunset and sunrise and at any other time when,due to insufficient light or unfavorable atmospheric conditions,persons and vehicles on the highway are not clearly discernible at a distance of one thousand feet ahead,shall display lighted lamps and illuminating devices as required by this Traffic Code and by the laws of the State of Colorado for different classes of vehicles,subject to exceptions with respect to parked vehicles. (2) Whenever a requirement is declared by this Traffic Code and by the laws of the State of Colorado as to distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible,said provisions shall apply during the times stated in subsection(1)of this section in respect to a vehicle without load when upon a straight,level, unlighted highway under normal atmospheric conditions,unless a different time or condition is expressly stated. (3) Whenever a requirement is declared by this Traffic Code and by the laws of the State of Colorado as to the mounted height of lamps or devices,it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load. 205. Headlamps on motor vehicles. (1) Every motor vehicle other than a motorcycle or motor driven cycle shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in sections 202 and 204 to 231 where applicable thereto. (2) Every motorcycle and motor driven cycle shall be equipped with at least one and not more than two headlamps which shall comply with the requirements and limitations of sections 202 and 204 to 231. (3) Every head lamp upon every motor vehicle,including every motorcycle and motor driven cycle, shall be located at a height measured from the center of the head lamp of not more than fifty-four inches nor less than twenty-four inches,to be measured as set forth in section 204(3). 206. Tail lamps and reflectors. (1) Every motor vehicle,trailer,semi trailer,and pole trailer and any other vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail lamp mounted on the rear,which, when lighted as required in section 204,shall emit a red light plainly visible from a distance of five hundred feet to the rear;but,in the case of a train of vehicles,only the tail lamp on the rear-most vehicle need actually be seen from the distance specified,and except as provided in section 215.5.Further more,every such vehicle registered in this state and manufactured or assembled after January 1, 1958,shall be equipped with at least two tail lamps mounted on the rear,on the same level and as widely spaced laterally as practicable,which,when lighted as required in section 204,shall comply with the provisions of this section. (2) Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two inches nor less than twenty inches,to be measured as set forth in section 204(3). (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 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 7 lamps are lighted. This subsection(3)shall not apply to neighborhood electric vehicles. (4) Every motor vehicle operated on and after January 1, 1958,upon a highway in the state of Colorado shall carry on the rear,either as part of a tail lamp or separately,one red reflector meeting the requirements of this section;except that vehicles of the type mentioned in section 207 shall be equipped with reflectors as required in those sections applicable thereto and except as provided in section 215.5. (5) Every new motor vehicle sold and operated on and after January 1, 1958,upon a highway shall cant'on the rear,whether as a part of the tail lamps or separately,two red reflectors;except that every motorcycle and motor driven cycle shall carry at least one 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. (6) Every reflector shall be mounted on the vehicle at a height of not less than twenty inches nor more than sixty inches,measured as set forth in section 204(3)and shall be of such size and characteristics and so mounted as to be visible at night from all distances within three hundred fifty feet to one hundred feet from such vehicle when directly in front of lawful upper beams and head lamps;except that visibility from a greater distance is required by law of reflectors on certain types of vehicles. 207. Clearance and identification. (1) Every vehicle designed or used for the transportation of property or for the transportation of persons shall display lighted lamps at the times mentioned in section 204 when and as required in this section. (2) Clearance lamps: (a) Every motor vehicle or motor-drawn vehicle having a width at any part in excess of eighty inches shall be equipped with four clearance lamps located as follows: (I) Two on the front and one at each side,displaying an amber light visible from a distance of five hundred feet to the front of the vehicle; (II) Two on the rear and one at each side,displaying a red light visible only to the rear and visible from a distance of five hundred feet to the rear of the vehicle, which said rear clearance lamps shall be in addition to the rear red lamp required in section 206. (b) All clearance lamps required shall be placed on the extreme sides and located on the highest stationary support;except that,when three or more identification lamps are mounted on the rear of a vehicle on the vertical center line and at the extreme height of the vehicle,rear clearance lamps may be mounted at optional height. (c) Any trailer,when operated in conjunction with a vehicle which is properly equipped with front clearance lamps as provided in this section,may be,but is not required to be, equipped with front clearance lamps if the towing vehicle is of equal or greater width than the towed vehicle. (d) All clearance lamps required in this section shall be of a type approved by the State Department of Revenue. (3) Side marker lamps: (a) Every motor vehicle or motor-drawn vehicle or combination of such vehicles which 8 . exceeds thirty feet in overall length shall be equipped with four side marker lamps located as follows: (I) One on each side near the front displaying an amber light visible from a distance of five hundred feet to the side of the vehicle on which it is located; (II) One on each side near the rear displaying a red light visible from a distance of five hundred feet to the side of the vehicle on which it is located;but the rear marker light shall not be so placed as to be visible from the front of the vehicle. (b) Each side marker lamp required shall be located not less than fifteen inches above the level on which the vehicle stands. (c) If the clearance lamps required by this section are of such a design as to display lights visible from a distance of five hundred feet at right angles to the sides of the vehicles, they shall be deemed to meet the requirements as to marker lamps in this subsection(3). (d) All marker lamps required in this section shall be of a type approved by the State Department of Revenue. (4) Clearance reflectors: (a) Every motor vehicle having a width at any part in excess of eighty inches shall be equipped with clearance reflectors located as follows: (I) Two red reflectors on the rear and one at each side, located not more than one inch from the extreme outside edges of the vehicle; • (II) All such reflectors shall be located not more than sixty inches nor less than fifteen inches above the level on which the vehicle stands. (b) One or both of the required rear red reflectors may be incorporated within the tail lamp or tail lamps if any such tail lamps meet the location limits specified for reflectors. (c) All such clearance reflectors shall be of a type approved by the State Department of Revenue (5) Side marker reflectors: (a) Every motor vehicle or motor-drawn vehicle or combination of vehicles which exceeds thirty(30)feet in overall length shall be equipped with four side marker reflectors located as follows: (I) One amber reflector on each side near the front; (II) One red reflector on each side near the rear. (b) Each side marker reflector shall be located not more than sixty inches nor less than fifteen inches above the level on which the vehicle stands. (c) All such side marker reflectors shall be of a type approved by the State Department of Revenue. (6) Nothing in this section shall be construed to supersede any federal motor vehicle safety standard • established pursuant to the'National Traffic and Motor Vehicle Safety Act of 1966",public law 89-563,as amended. 9 208. Stop lamps and turn signals. (1) Every motor vehicle or motor-drawn vehicle shall be equipped with a stop light in good working order at all times and shall meet the requirements of section 215(1). (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 stop lamps meeting the requirements of section 215(1);except that a motorcycle,motor driven cycle,or truck tractor manufactured or assembled after said date shall be equipped with at least one stop lamp meeting the requirements of section 215(1). (3) No person shall sell or 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,or load of such motor vehicle exceeds twenty-four 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 cycle. 209. Lamp or flag on projecting load. Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle,there shall be displayed at the extreme rear end of the load,at the time specified in section 204,a red light or lantern plainly visible from a distance of at least five hundred feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time,there shall be displayed at the extreme rear end of such load a red flag or cloth not less than twelve inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. 210. Lamps on parked vehicles. (1) Whenever a vehicle is lawfully parked upon a highway during the hours between sunset and sunrise and in the event there is sufficient light to reveal any person or object within a distance of one thousand feet upon such highway,no lights need be displayed upon such parked vehicle. (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 feet upon such highway,such vehicle so parked or stopped shall be equipped with one or more operating lamps meeting the following requirements:At least one lamp shall display a white or amber light visible from a distance of five hundred feet to the front of the vehicle,and the same lamp or at least one other lamp shall display a red light visible from a distance of five hundred feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one 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 motor driven cycle. (3) Any lighted headlamps upon a parked vehicle shall be depressed or dimmed. 211. Lamps on farm equipment and other vehicles and equipment. (1) Every farm tractor and every self-propelled farm equipment unit or implement of husbandry not equipped with an electric lighting system shall at all times mentioned in section 204 be equipped 10 with at least one lamp displaying a white light visible from a distance of not less than five hundred feet to the front of such vehicle and shall also be equipped with at least one lamp displaying a red light visible from a distance of not less than five hundred feet to the rear of such vehicle. (2) Every self-propelled unit of farm equipment not equipped with an electric lighting system shall at all times mentioned in section 204,in addition to the lamps required in subsection(1)of this section,be equipped with two red reflectors visible from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful upper beams of head lamps. (3) Every combination of farm tractor and towed unit of farm equipment or implement of husbandry not equipped with an electric lighting system shall,at all times mentioned in section 204,be equipped with the following lamps: (a) At least one lamp mounted to indicate as nearly as practicable the extreme left projection of said combination and displaying a white light visible from a distance of not less than five hundred feet to the front of said combination; (b) Two lamps each displaying a red light visible when lighted from a distance of not less than five hundred feet to the rear of said combination or,as an alternative,at least one lamp displaying a red light visible from a distance of not less than five hundred feet to the rear thereof and two red reflectors visible from all distances within six hundred feet to one hundred feet to the rear thereof when illuminated by the upper beams of head lamps. (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 single-beam head lamps meeting the requirements of section 216 or 218,respectively,or, as an alternative,section 220(2)and at least one red lamp visible from a distance of not less than • five hundred feet to the rear;but every such self-propelled unit of farm equipment other than a farm tractor shall have two such red lamps or,as an alternative,one such red lamp and two red reflectors visible from all distances within six hundred feet to one hundred feet when directly in front of lawful upper beams of head lamps. (5) (a) Every combination of farm tractor and towed farm equipment or towed implement of husbandry equipped with an electric lighting system shall at all times mentioned in section 204 be equipped with lamps as follows: (I) The farm tractor element of every such combination shall be equipped as required in subsection(4)of this section. (II) The towed unit of farm equipment or implement of husbandry element of such combination shall be equipped with two red lamps visible from a distance of not less than five hundred feet to the rear or,as an alternative,two red reflectors visible from all distances within six hundred feet to the rear when directly in front of lawful upper beams of head lamps. (b) Said combinations shall also be equipped with a lamp displaying a white or amber light, or any shade of color between white and amber,visible from a distance of not less than five hundred feet to the front and a lamp displaying a red light visible when lighted from a distance of not less than five hundred feet to the rear. (6) The lamps and reflectors required in this section shall be so positioned as to show from front and rear as nearly as practicable the extreme projection of the vehicle carrying them on the side of the roadway used in passing such vehicle. If a farts tractor or a unit of farm equipment,whether self- propelled or towed,is equipped with two or more lamps or reflectors visible from the front or two 11 or more lamps or reflectors visible from the rear,such lamps or reflectors shall be so positioned that the extreme projections,both to the right and to the left of said vehicle,shall be indicated as nearly as practicable. (7) Every vehicle,including animal-drawn vehicles and vehicles referred to in section 202(2),not specifically required by the provisions of this Traffic Code to be equipped with lamps or other lighting devices shall at all times specified in section 204 be equipped with at least one lamp displaying a white light visible from a distance of not less than five hundred feet to the front of said vehicle and shall also be equipped with two lamps displaying red lights visible from a distance of not less than five hundred feet to the rear of said vehicle or,as an alternative,one lamp displaying a red light visible from a distance of not less than five hundred feet to the rear and two red reflectors visible for distances of one hundred feet to six hundred feet to the rear when illuminated by the upper beams of head lamps. 212. Spot lamps and auxiliary lamps. (1) Any motor vehicle may be equipped with not more than two spot lamps,and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high- intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred feet ahead of the vehicle. (2) Any motor vehicle may be equipped with not more than two fog lamps mounted on the front at a height not less than twelve inches nor more than thirty inches above the level surface upon which the vehicle stands and so aimed that,when the vehicle is not loaded,none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of twenty-five feet ahead project higher than a level of four inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the requirements of this subsection(2)may be used with lower headlamp beams as specified in section 216(1)(b). (3) Any motor vehicle may be equipped with not more than two auxiliary passing lamps mounted on the front at a height not less than twenty inches nor more than forty-two inches above the level surface upon which the vehicle stands. The provisions of section 216 shall apply to any combination of headlamps and auxiliary passing lamps. (4) Any motor vehicle may be equipped with not more than two auxiliary driving lamps mounted on the front at a height not less than sixteen inches nor more than forty-two inches above the level surface upon which the vehicle stands. The provisions of section 216 shall apply to any combination of headlamps and auxiliary driving lamps. 213. Audible and visual signals on emergency vehicles. (1) Except as otherwise provided in this section or in section 222 in the case of volunteer fire vehicles and volunteer ambulances,every authorized emergency vehicle shall,in addition to any other equipment and distinctive markings required by this Traffic Code,be equipped as a minimum with a siren and a hom. Such devices shall be capable of emitting a sound audible under normal conditions from a distance of not less than five hundred feet. (2) Every authorized emergency vehicle,except those used as undercover vehicles by govermental agencies,shall,in addition to any other equipment and distinctive markings required by this Traffic Code,be equipped with at least one signal lamp mounted as high as practicable,which shall be capable of displaying a flashing,oscillating,or rotating red light to the front and to the rear having sufficient intensity to be visible at five hundred feet in normal sunlight. In addition to the required red light, flashing,oscillating,or rotating signal lights may be used which emit blue, white,or blue in combination with white. 12 • (3) A police vehicle, when used as an authorized emergency vehicle,may but need not be equipped with the red lights specified in this section. (4) Any authorized emergency vehicle, including those authorized by section 222,may be equipped with green flashing lights,mounted at sufficient height and having sufficient intensity to be visible at five hundred feet in all directions in normal daylight. Such lights may only be used at the single designated command post at any emergency location or incident and only when such command post is stationary. The single command post shall be designated by the on-scene incident commander in accordance with local or state government emergency plans. Any other use of a green light by a vehicle shall constitute a violation of this section. (5) The use of either the audible or the visual signal equipment described in this section shall impose upon drivers of other vehicles the obligation to yield right-of-way and stop as prescribed in section 705. 214. Visual signals on service vehicles. (1) Every authorized service vehicle in the City shall,in addition to any other equipment required by this Traffic Code,be equipped with one or more warning lamps mounted as high as practicable, which shall be capable of displaying in all directions one or more flashing,oscillating,or rotating yellow lights. Only yellow and no other color or combination of colors shall be used as a warning lamp on an authorized service vehicle;except that an authorized service vehicle snowplow operated by the City may also be equipped with and use no more than two flashing,oscillating,or rotating blue lights as warning lamps in conjunction with yellow lights. Lighted directional signs used by police and highway departments to direct traffic need not be visible except to the front and rear. Such lights shall have sufficient intensity to be visible at five hundred feet in normal sunlight. (2) The warning lamps authorized in subsection(1)of this section shall be activated by the operator of an authorized service vehicle only when the vehicle is operating upon the roadway so as to create a hazard to other traffic. The use of such lamps shall not relieve the operator from the duty of using due care for the safety of others or from the obligation of using any other safety equipment or protective devices that are required by this Traffic Code. Service vehicles authorized to operate also as emergency vehicles shall also be equipped to comply with signal requirements for emergency vehicles. (3) Whenever an authorized service vehicle is performing its service function and is displaying lights as authorized in subsection(1)of this section,drivers of all other vehicles shall exercise more than ordinary care and caution in approaching,overtaking,or passing such service vehicle and,in the case of highway and traffic maintenance equipment engaged in work upon the highway,shall comply with the instructions of section 712. (4) Only authorized service vehicles shall be equipped with the warning lights as authorized in subsection(1)of this section. 215. Signal lamps and devices-additional lighting equipment. (1) Any motor vehicle may be equipped,and when required under this Traffic Code shall be equipped,with a stop lamp or lamps on the rear of the vehicle which,except as provided in section 215.5,shall display a red or amber light,or any shade of color between red and amber,visible from a distance of not less than one hundred feet to the rear in normal sunlight,and which shall be actuated upon application of the service(foot)brake,and which may but need not be incorporated • with one or more other rear lamps. Such stop lamp or lamps may also be automatically actuated by a mechanical device when the vehicle is reducing speed or stopping. If two or more stop lamps 13 are installed on any motor vehicle,any device actuating such lamps shall be so designed and installed that all stop lamps are actuated by such device. (2) Any motor vehicle may be equipped,and when required under this Traffic Code shall be equipped,with lamps showing to the front and rear for the purpose of indicating an intention to turn either to the right or to the left. Such lamps showing to the front shall be located on the same level and as widely spaced laterally as practicable and when in use shall display a white or amber light,or any shade of color between white and amber,visible from a distance of not less than one hundred feet to the front in normal sunlight,and the lamps showing to the rear shall be located at the same level and as widely spaced laterally as practicable and,except as provided in section 215.5,when in use shall display a red or amber light,or any shade of color between red and amber,visible from a distance of not less than one hundred feet to the rear in normal sunlight. When actuated,such lamps shall indicate the intended direction of turning by flashing the light showing to the front and rear on the side toward which the turn is made. (3) No stop lamp or signal lamp shall project a glaring or dazzling light. (4) Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare. (5) Any motor vehicle may be equipped with not more than one running board courtesy lamp on each side thereof,which shall emit a white or amber light without glare. (6) Any motor vehicle may be equipped with not more than two back-up lamps either separately or in combination with other lamps,but no such back-up lamp shall be lighted when the motor vehicle is in forward motion. (7) Any vehicle may be equipped with lamps which may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching,overtaking,or passing and, when so equipped and when the said vehicle is not in motion or is being operated at a speed of twenty-five miles per hour or less and at no other time,may display such warning in addition to any other warning signals required by this Traffic Code. The lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable and,shall display simultaneously flashing white or amber lights,or any shade of color between white and amber. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable and,except as provided in section 215.5,shall show simultaneously flashing amber or red lights, or any shade of color between amber and red. These warning lights shall be visible from a distance of not less than five hundred feet under normal atmospheric conditions at night. (8) Any vehicle eighty inches or more in overall width may be equipped with not more than three identification lamps showing to the front which shall emit an amber light without glare and not more than three identification lamps showing to the rear which shall emit a red light without glare. Such lamps shall be mounted horizontally. 215.5 Signal lamps and devices-street rod vehicles and custom motor vehicles. (1) As used in this section,unless the context otherwise requires: (a) 'Blue dot tail light"means a red lamp installed in the rear of a motor vehicle containing a blue or purple insert that is not more than one inch in diameter. (b) "Street rod vehicle"has the same meaning as provided in section 42-3-114(3)(b),C.R.S. 14 (2) A street rod vehicle or custom motor vehicle may use blue dot taillights for stop lamps,rear turning indicator lamps,rear hazard lamps,and rear reflectors. Such lamps shall comply with all requirements provided in this Traffic Code and state statutes other than color requirements. 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 motor driven cycles,shall be so arranged that the driver may select at will between distributions of fight 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 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 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 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) Every new motor vehicle,other than a motorcycle or motor driven cycle in this state after July 1, 1955,which 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. 217. Use of multiple-beam lights. (1) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in section 204,the driver shall use a distribution of light,or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: (a) Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light or composite beam specified in section 216(1)(b)shall be deemed to avoid glare at all times,regardless of road contour and loading. (b) Whenever the driver of a vehicle follows another vehicle within two hundred feet to the rear, except when engaged in the act of overtaking and passing,such driver shall use a distribution of light permissible under this title other than the uppermost distribution of light specified in section 216(1)(a). 218. Single-beam road-lighting equipment. (1) Head lamps arranged to provide a single distribution of light not supplemented by auxiliary driving lamps shall be permitted on motor vehicles manufactured and sold prior to July 15, 1936, 15 in lieu of multiple-beam road-lighting equipment specified in section 216 if the single distribution of light complies with the following requirements and limitations: (a) The head lamps shall be so aimed that when the vehicle is not loaded none of the high- intensity portion of the light shall,at a distance of twenty-five feet ahead,project higher than a level of five inches below the level of the center of the lamp from which it comes and in no case higher than forty-two inches above the level on which the vehicle stands at a distance of seventy-five feet ahead. (b) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred feet. 219. Number of lamps permitted. Whenever a motor vehicle equipped with head lamps as required in this Traffic Code is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of an intensity greater than three hundred candlepower,not more than a total of four of any such lamps on the front of a vehicle shall be lighted at any one time when upon a highway. 220. Motorized bicycles—motor driven cycles-lighting equipment-department control-use and operation. (1) (a) Every motorized bicycle when in use at the times specified in section 204 shall be equipped with a lamp on the front,which shall emit a white light visible from a distance of at least five hundred 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 feet to three hundred 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 feet to the rear may be used in addition to the red reflector. (b) No person shall operate a motorized bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet; except that a motorized bicycle shall not be equipped with nor shall any person use upon a motorized bicycle a siren or whistle. (c) Every motorized bicycle 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 head lamps upon every motor driven cycle may be of the single-beam or multiple-beam type but in either event shall comply with the requirements and limitations as follows: (a) Every said head lamp or head lamps on a motor driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than one hundred feet when the motor driven cycle is operated at any speed less than twenty-five miles per hour,and at a distance of not less than two hundred feet when the motor driven cycle is operated at a speed of twenty-five miles or more per hour,and at a distance of not less than three hundred feet when the motor driven cycle is operated at a speed of thirty-five or more miles per hour. 16 • (b) In the event the motor driven cycle is equipped with a multiple-beam head lamp or head lamps,the upper beam shall meet the minimum requirements set forth in paragraph(a)of this subsection(2)and shall not exceed the limitations set forth in section 216(1)(a),and the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in section 216(1)(b). (c) In the event the motor driven cycle is equipped with a single-beam lamp,said lamp shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light,at a distance of twenty-five feet ahead,shall project higher than the level of the center of the lamp from which it comes. (3) (a) 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 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 feet from the vehicle. (b) No person shall equip,drive or move any vehicle or equipment upon any highway with any lamp or device thereon capable of displaying a red or blue light visible from directly in front of the center thereof. This section shall not apply to any vehicle upon which such lights visible from the front are expressly authorized or required by this Traffic Code. (c) This subsection(3)shall not be construed to prohibit the use on any vehicle of simultaneously flashing hazard warning lights as provided by section 215(7). 221. Bicycle equipment. • (1) No other provision of this part 2 and no provision of part 3 of this Traffic Code shall apply to bicycles or to equipment for use on bicycles except those provisions in this Traffic Code made specifically applicable to bicyclists,bicycles,or their equipment. (2) Every bicycle 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 feet to the front. (3) Every bicycle shall be equipped with a red reflector of a type approved by the State Department of Revenue,which shall be visible for six hundred feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle. (4) Every bicycle 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 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 feet. (5) A bicycle 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 shall not be equipped with,nor shall any person use upon a bicycle,any siren or whistle. (7) Every bicycle shall be equipped with a brake or brakes which will enable its rider to stop the bicycle within twenty-five feet from a speed of ten miles per hour on dry,level,clean pavement. (8) A person engaged in the business of selling bicycles at retail shall not sell any bicycle unless the • bicycle has an identifying number permanently stamped or cast on its frame. 17 222. Volunteer firefighters-special lights and alarm systems. All members of volunteer fire departments regularly attached to the fire departments organized within incorporated towns and cities and fire protection districts and all members of a volunteer ambulance service regularly attached to a volunteer ambulance service within an area which the which the ambulance service would be reasonably expected to serve may have their private automobiles equipped with a signal lamp or a combination of signal lamps capable of displaying flashing,oscillating,or rotating red lights visible to the front and rear at five hundred feet in normal sunlight. In addition to the red light,flashing,oscillating,or rotating signal lights may be used that emit white or white in combination with red lights. At least one of such signal lamps or combination of signal lamps shall be mounted on the top of the automobile. Said automobiles may be equipped with audible signal systems such as sirens,whistles,or bells. Said lights, together with any signal systems authorized by this section,may be used only when a member of any fire department is responding to or attending a fire alarm or other emergency or when the member of an ambulance service is responding to an emergency requiring the member's services. Neither such lights nor such signals shall be used for any other purpose than those set forth in this section. If used for any other purpose,such use shall constitute a violation of this section. 223. Brakes (1) Brake equipment required: (a) Every motor vehicle,other than a motorcycle or motor driven cycle, 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 separate means of applying the brakes,each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way,they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels. (b) Every motorcycle or motor driven cycle,motorized bicycle,and bicycle with motor attached,when operated upon a highway,shall be equipped with at least one brake, which may be operated by hand or foot. (c) Every trailer or semi-trailer of a gross weight of three thousand 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 pounds gross weight used solely for transporting liquid fertilizer or gaseous fertilizer under pressure,or distributor trailers not exceeding ten thousand 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 semitrailer 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: (I) Any trailer or semitrailer of less than three thousand pounds gross weight,or any horse trailer of a capacity of two horses or less,or any trailer which does not meet the definition of"commercial vehicle'as that term is defined in section 18 235(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 pounds gross weight used solely for transporting liquid fertilizer or gaseous fertilizer under pressure, or distributor trailers not exceeding ten thousand pounds gross weight used solely for transporting and distributing dry fertilizer when hauled by a truck capable of stopping with 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 wheel. (II) Any truck or truck tractor,manufactured before July 25, 1980,and having three 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 semitrailer of three thousand pounds or more gross weight must have brakes on all wheels. (e) Provisions of this subsection(1)shall not apply to manufactured homes. (2) Performance ability of brakes: (a) The service brakes upon any motor vehicle or combination of vehicles shall be adequate to stop such vehicle when traveling twenty miles per hour within a distance of forty feet when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one percent. (b) Under the conditions stated in paragraph(a)of this subsection(2),the hand brakes shall be adequate to stop such vehicle within a distance of fifty-five feet,and said hand brake shall be adequate to hold such vehicle stationary on any grade upon which operated. (c) Under the conditions stated in paragraph(a)of this subsection(2),the service brakes upon a motor vehicle equipped with two-wheel brakes only,when permitted under this section,shall be adequate to stop the vehicle within a distance of fifty-five feet. (d) All braking distances specified in this section shall apply to all vehicles mentioned, whether such vehicles are not loaded or are loaded to the maximum capacity permitted under this title. (e) All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as possible with respect to the wheels on opposite sides of the vehicle. 224. Horns or warning devices. (1) Every motor vehicle,when operated upon a highway,shall be equipped with a hom in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet,but no hom or other warning device shall emit an unreasonably loud or harsh sound,except as provided in section 213 (1)in the case of authorized emergency vehicles. The driver of a motor vehicle,when reasonably necessary to insure safe operation,shall give audible warning with the hom but shall not otherwise use such hom when upon a highway. (2) No vehicle shall be equipped with nor shall any person use upon a vehicle any audible device except as otherwise permitted in this section. It is permissible but not required that any vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver 19 as a warning signal unless the alarm device is a required part of the vehicle. Nothing in this section is meant to preclude the use of audible warning devices which are activated when the vehicle is backing. Any authorized emergency vehicle may be equipped with an audible signal device under section 213(1),but such device shall not be used except when such vehicle is operated in response to an emergency call or in the actual pursuit of a suspected violator of the law or for other special purposes,including,but not limited to,funerals,parades,and the escorting of dignitaries. (3) No bicycle,electric-assisted bicycle or motorized bicycle shall be equipped with nor shall any person use upon a bicycle,electric-assisted bicycle or motorized bicycle any siren or whistle. (4) Snowplows and other snow-removal equipment shall display flashing yellow lights meeting the requirements of section 214 as a warning to drivers when such equipment is in service,on the highway. (5) (a) When any snowplow or other snow-removal equipment displaying flashing yellow lights is engaged in snow and ice removal or control,drivers of all other vehicles shall exercise more than ordinary care and caution in approaching,overtaking,or passing such snowplow. (b) The driver of a snowplow,while engaged in the removal or control of snow and ice on any highway open to traffic and while displaying the required flashing yellow warning lights as provided by section 214,shall not be charged with any violation of the provisions of this Traffic Code relating to parking or standing,turning,backing,or yielding the right-of-way. These exemptions shall not relieve the driver of a snowplow from the duty to drive with due regard for the safety of all persons,nor shall these exemptions protect the driver of a snowplow from the consequences of a reckless or careless disregard for the safety of others. 225. Mufflers-prevention of noise. (1) Every motor vehicle subject to registration and operated on a highway shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise,and no such muffler or exhaust system shall be equipped with a cut- off,bypass,or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by the muffler originally installed on the vehicle,and such original muffler shall comply with all of the requirements of this section. (2) Any commercial vehicle,as defined in section 42-4-235,CKS.,subject to registration and operated on a highway,that is equipped with an engine compression brake device is required to have a muffler. (3) A muffler is a device consisting of a series of chamber or baffle plates or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise. (4) This section shall not apply to electric motor vehicles. 226. Mirrors-exterior placements. 20 . (1) Every motor vehicle shall be equipped with a mirror or mirrors so located and so constructed as to reflect to the driver a free and unobstructed view of the highway for a distance of at least two hundred feet to the rear of such vehicle. (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 which,when viewed from the position of the driver,obstructs the rear view of the driver or makes such window or windows non-transparent,or whenever any motor vehicle is towing another vehicle or trailer or carrying any load or cargo or object which 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. 227. Windows unobstructed-certain materials prohibited windshield wiper requirements. (1) (a) Except as provided in this paragraph(a),no person shall operate any motor vehicle registered in Colorado on which any window,except the windshield,is composed of, covered by,or treated with any material or component which presents an opaque,non- transparent,or metallic or mirrored appearance in such a way that it allows less than twenty-seven percent light transmittance. The windshield shall allow seventy percent light transmittance. The provisions of this paragraph(a)shall not apply to the windows to the rear of the driver,including the rear window,on any motor vehicle;however,if such windows allow less than twenty-seven percent light transmittance,then the front side windows and the windshield on such vehicles shall allow seventy percent light transmittance. (b) Notwithstanding any provision of paragraph(a)of this subsection(1),non-transparent • material may be applied,installed,or affixed to the topmost portion of the windshield subject to the following: (I) The bottom edge of the material extends no more than four inches measured from the top of the windshield down; (1I) The material is not red or amber in color,nor does it affect perception of primary colors or otherwise distort vision or contain lettering that distorts or obstructs vision; (III) The material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or preceding vehicles to any greater extent than the windshield without the material. (c) Nothing in this subsection(1)shall be construed to prevent the use of any window which is composed of,covered by,or treated with any material or component in a manner approved by federal statute or regulation if such window was included as a component part of a vehicle at the time of the vehicle manufacture,or the replacement of any such window by such covering which meets such guidelines. (d) No material shall be used on any window in the motor vehicle that presents a metallic or mirrored appearance. (e) Nothing in this subsection(1)shall be construed to deny or prevent the use of certificates or other papers which do not obstruct the view of the driver and which may be required by law to be displayed. . (2) The windshield on every motor vehicle shall be equipped with a device for cleaning rain,snow,or other moisture from the windshield,which device shall be so constructed as to be controlled or 21 operated by the driver of the vehicle.Every windshield wiper upon a motor vehicle shall be maintained in good working order. (3) (a) Except as provided in paragraph(b)of this subsection(3),any person who violates any provision of this shall be punished in accordance with section 1-15 of the City Code. (b) Any person who installs,covers,or treats a windshield or window so that the windshield or window does not meet the requirements of paragraph(a)of subsection(I)of this section shall be punished in accordance with section 1-15 of the City Code. (4) This section shall apply to all motor vehicles. 228. Restrictions on tire equipment. (1) Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery. (2) No person shall operate or move on any highway any motor vehicle,trailer,or semitrailer having any metal tire in contact with the roadway,and it is unlawful to operate upon the highways of this state any motor vehicle,trailer,or semitrailer equipped with solid rubber tires. (3) No tire on a vehicle moved on a highway shall have on its periphery any block,stud,flange,cleat, or spike or any other protuberances of any material other than rubber which projects beyond the tread on the traction surface of the tire;except that,on single-tired passenger vehicles and on other single-tired vehicles with rated capacities up to and including three-fourths ton,it shall be permissible to use tires containing studs or other protuberances which do not project more than one-sixteenth of an inch beyond the tread of the traction surface of the tire;and except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the highway; and except also that it shall be pemvssible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow,ice,or other conditions tending to cause a vehicle to skid. (4) The City Traffic Engineer,in his or her discretion,may issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this Traffic Code. (5) (a) No person shall drive or move a motor vehicle on any highway unless such vehicle is equipped with tires in safe operating condition in accordance with this subsection(5)and any supplemental rules and regulations promulgated by the executive director of the State Department of Revenue. (b) A tire shall be considered unsafe if it has: (I) Any bump,bulge,or knot affecting the tire structure; (Il) A break which exposes a tire body cord or is repaired with a boot or patch; (III) A tread depth of less than two thirty-seconds of an inch measured in any two tread grooves at three locations equally spaced around the circumference of the tire,or,on those tires with tread wear indicators,a tire shall be considered unsafe if it is wom to the point that the tread wear indicators contact the road in any two-tread grooves at three locations equally spaced around the circumference of the tire;except that this subparagraph(III)shall not apply to tires on a commercial vehicle as such term is defined in section 235(t);or 22 (M Such other conditions as may be reasonably demonstrated to render it unsafe. (6) No passenger car fire shall be used on any motor vehicle which is driven or moved on any highway if such tire was designed or manufactured for non-highway use. (7) No person shall destroy, alter,or deface any marking on a new or usable tire which indicates whether the tire has been manufactured for highway or non-highway use. (8) No person shall sell any motor vehicle for highway use unless the vehicle is equipped with tires that are in compliance with subsections(5)and(6)of this section and any rules of safe operating condition promulgated by the State Department of Revenue. 229. Safety glazing material in motor vehicles. (1) No person shall sell any new motor vehicle,nor shall any new motor vehicle be registered,unless such vehicle is equipped with safety glazing material of a type approved by the State Department of Revenue for any required front windshield and wherever glazing material is used in doors and windows of said motor vehicle. This section shall apply to all passenger-type motor vehicles, including passenger buses and school buses,but,in respect to camper coaches and trucks, including truck tractors,the requirements as to safety glazing material shall apply only to all glazing material used in required front windshields and that used in doors and windows in the drivers'compartments and such other compartments as are lawfully occupied by passengers in said vehicles. (2) The term"safety glazing materials"means such glazing materials as will reduce substantially,in comparison with ordinary sheet glass or plate glass,the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken. (3) The State Department of Revenue shall compile and publish a list of types of glazing material by name approved by it as meeting the requirements of this section,and the State Department of Revenue shall not, after January 1, 1958,register any motor vehicle which is subject to the provisions of this section unless it is equipped with an approved type of safety glazing material, and the State Department of Revenue shall suspend the registration of any motor vehicle subject to this section which is found to be not so equipped until it is made to conform to the requirements of this section. (4) No person shall operate a motor vehicle on any highway within this state unless such vehicle is equipped with a front windshield of an approved type as provided in this section,except as provided in section 232(1)and except for motor vehicles registered as collectors'items under section 42-3-138,C.R.S. 230. Emergency lighting equipment-who must carry. (1) No motor vehicle carrying a truck license and weighing six thousand pounds or more and no passenger bus shall be operated over the highways of this state at any time without carrying in an accessible place inside or on the outside of the vehicle three bi-directional emergency reflective triangles of a type approved by the State Department of Revenue,but the use of such equipment is not required in local governments where there are street lights within not more than one hundred feet. (2) Whenever a motor vehicle referred to in subsection(1)of this section is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the bi-directional emergency reflective triangles as directed in subsection(3)of this section. 23 (3) Except as provided in subsection(2)of this section,whenever a motor vehicle referred to in subsection(1)of this section is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops,the driver shall,as soon as possible,but in any event within ten minutes,place the bi-directional emergency reflective triangles in the following manner: (a) One at the traffic side of the stopped vehicle,within ten feet of the front or rear of the vehicle; (b) One at a distance of approximately one hundred feet from the stopped vehicle in the center of the traffic lane or shoulder occupied by the vehicle and in the direction toward traffic approaching in that lane;and (c) One at a distance of approximately one hundred feet from the stopped vehicle in the opposite direction from those placed in accordance with paragraphs(a)and(b)of this subsection(3)in the center of the traffic lane or shoulder occupied by the vehicle;or(d) If the vehicle is stopped within five hundred feet of a curve,crest of a hill,or other obstruction to view,the driver shall place the emergency equipment required by this subsection(3)in the direction of the obstruction to view at a distance of one hundred feet to five hundred feet from the stopped vehicle so as to afford ample warning to other users of the highway;or (d) If the vehicle is stopped upon the traveled portion or the shoulder of a divided or one-way highway,the driver shall place the emergency equipment required by this subsection(3), one at a distance of two hundred feet and one at a distance of one hundred feet in a direction toward approaching traffic in the center of the lane or shoulder occupied by the vehicle,and one at the traffic side of the vehicle within ten feet of the rear of the vehicle. (4) No motor vehicle operating as a wrecking car at the scene of an accident shall move or attempt to move any wrecked vehicle without first complying with those sections of the law concerning emergency lighting. 231. Parking lights. When lighted lamps are required by section 204,no vehicle shall be driven upon a highway with the parking lights lighted except when the lights are being used as signal lamps and except when the headlamps are lighted at the same time. Parking lights are those lights permitted by section 215 and any other lights mounted on the front of the vehicle,designed to be displayed primarily when the vehicle is parked. 232. Minimum safety standards for motorcycle and motor driven cycles. (1) No person shall operate any motorcycle or motor driven cycle 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. (2) Any motorcycle or motor driven cycle carrying a passenger,other than in a sidecar or enclosed cab,shall be equipped with footrests for such passengers. 233. Alteration of suspension system. (1) No person shall operate a motor vehicle of a type required to be registered under the laws of this state upon a public highway with either the rear or front suspension system altered or changed from the manufacturer's original design except in accordance with specifications permitting such 24 . alteration established by the State Department of Revenue. Nothing contained in this section shall prevent the installation of manufactured heavy duty equipment to include shock absorbers and overload springs,nor shall anything contained in this section prevent a person from operating a motor vehicle on a public highway with normal wear of the suspension system if normal wear shall not affect the control of the vehicle. (2) This section shall not apply to motor vehicles designed or modified primarily for off-highway racing purposes,and such motor vehicles may be lawfully towed on the highways of this state. 234. Slow-moving vehicles-display of emblem. (1) All machinery,equipment,and vehicles,except bicycles and other human-powered vehicles, designed to operate or normally operated at a speed of less than twenty-five miles per hour on a public highway shall display a triangular slow-moving vehicle emblem on the rear. 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). (2) The executive director of the State Department of Revenue shall adopt standards and specifications for such emblem,position of the mounting thereof,and requirements for certification of conformance with the standards and specifications adopted by the American Society of Agricultural Engineers concerning such emblems. The requirements of such emblem shall be in addition to any lighting device required by law. (3) The use of the emblem required under this section shall be restricted to the use specified in subsection(1)of this section,and its use on any other type of vehicle or stationary object shall be prohibited. • 235. Minimum standards for commercial vehicles. (1) As used in this section unless the context otherwise requires: (a) "Commercial vehicle"means any self propelled or towed vehicle bearing an apportioned plate or having a manufacturer's gross vehicle weight ratio or gross combination rating of ten thousand one pounds or more,which vehicle is used in commerce on the public highways of this state or is designed to transport sixteen or more passengers,including the driver,unless such vehicle is a school bus regulated by section 1904 of this traffic Code,or any vehicle that does not have a gross vehicle weight rating of twenty-six thousand one or more pounds and that is owned or operated by a school district so long as such school district does not receive remuneration for the use of such vehicle,not including reimbursement for the use of such vehicle;and (b) Any motor vehicle designed or equipped to transport other motor vehicles from place to place by means of winches cables,pulleys,or other equipment for towing,pulling or lifting,when such motor vehicle is used in commerce on the public highways of this state. (c) Department means the department of public safety. (d) Motor carrier means every person,lessee,receiver,or trustee appointed by any court whatsoever owning,controlling,operating or managing any commercial vehicle. (2) No person shall operate a commercial vehicle on any public highway unless such vehicle is in • compliance with the rules and regulations adopted by the department. Any person who violates a rule or regulation promulgated by the department commits a traffic offense. 25 236. Child restraint systems required-definitions-exemptions. (1) As used in this section,unless the context otherwise requires: (a) "Child care center"means a facility required to be licensed under the'Child Care Licensing Act',article 6 of title 26,C.R.S.(a.5) (b) "Child restraint system"means any device which is designed to protect,hold,or restrain a child in a privately owned noncommercial passenger vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident and which conforms to all applicable federal motor vehicle safety standards. (c) "Safety belt"means a lap belt,a shoulder belt,or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers,except any such belt which is physically a part of a child restraint system. "Safety belt" includes the anchorages,the buckles,and all other equipment directly related to the operation of safety belts. (d) "Seating position"means any motor vehicle interior space intended by the motor vehicle manufacturer to provide seating accommodation while the motor vehicle is in motion. (2) (a) Unless exempted pursuant to subsection(3)of this section,every child,who is under four years of age and weighs under forty pounds,being transported in the City in a privately owned noncommercial passenger vehicle or in a vehicle operated by a child care center,shall be provided with a child restraint system suitable for the child's size and shall be properly fastened into such child restraint system which is in a seating position which is equipped with a safety belt or other means to secure the system according to the manufacturer's instructions. (b) Unless excepted pursuant to subsection(3)of this section,every child,who is at least four years of age but less than sixteen years of age or who is less than four years of age and weighs forty pounds or more,being transported in this state in a privately owned non-commercial vehicle or in a vehicle operated by a child care center,shall be provided with a safety belt system and shall be properly fastened into the safety belt system according to the manufacturer's instructions. (c) It is the responsibility of the driver transporting children subject to the requirements of this section,to ensure that such children are provided with and that they properly use a child restraint system or safety belt system. (3) Except as provided in section 42-2-105.5,C.R.S.,the requirement of subsection(2)of this section shall not apply to a child who: (a) Is being transported in a motor vehicle as a result of a medical emergency; (b) Is being transported in a commercial motor vehicle,as defined in section 42-2-402(4)(a), C.R.S.,that is operated by a child care center;or (c) Is the driver of a motor vehicle and is subject to the safety belt requirements provided in section 237. (4) No person shall use a safety belt or child restraint system,whichever is applicable under the provisions of this section,for children under sixteen years of age in a motor vehicle unless it conforms to all applicable federal motor vehicle safety standards. 26 (5) The fine may be waived if the driver presents the court with satisfactory evidence of the acquisition,purchase,or rental of an approved child restraint system by the time of the court appearance. 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 motorcycle or motor driven cycles,motor scooters,motorized bicycles,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,a shoulder belt,or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, which system conforms to federal motor vehicle safety standards. (2) Unless exempted pursuant to subsection(3)of this section,every driver of and every front seat passenger in a motor vehicle equipped with a safety belt system shall wear a fastened safety belt while the motor vehicle is being operated on a street or highway in the City. (3) The requirement of subsection(2)of this section shall not apply to: (a) A child required by section 236 to be restrained by a child restraint system; (b) A member of an ambulance team,other than the driver,while involved in patient care; (c) A peace officer,level I,as defined in section 18-1-901 (3)(1)(I),C.R.S.,while performing official duties so long as the performance of said duties is in accordance with rules and regulations applicable to said officer which are at least as restrictive as subsection(2)of this section and which only provide exceptions necessary to protect the officer; (d) A person with a physically or psychologically disabling condition whose physical or psychological disability prevents appropriate restraint by a safety belt system if such person possesses a written statement by a physician certifying the condition,as well as stating the reason why such restraint is inappropriate; (e) A person driving or riding in a motor vehicle not equipped with a safety belt system due to the fact that federal law does not require such vehicle to be equipped with a safety belt system; (f) A rural letter carrier of the United States postal service while performing duties as a rural letter carrier;and (g) A person operating a motor vehicle which does not meet the definition of"commercial vehicle"as that term is defined in section 235(1)(a)for commercial or residential delivery or pickup service;except that such person shall be required to wear a fastened safety belt during the time period prior to the first delivery or pickup of the day and during the time period following the last delivery or pickup of the day. (4) Any person who operates a motor vehicle while such person or any passenger is in violation of the requirement of subsection(2)of this section commits a traffic violation. (5) No driver in a motor vehicle shall be cited for a violation of subsection(2)of this section unless 27 such driver was stopped by a law enforcement officer for an alleged violation of this Traffic Code or state law other than a violation of this section. (6) Testimony at a trial for a violation charged pursuant to subsection(4)of this section may include: (a) Testimony by a law enforcement officer that the officer observed the person charged operating a motor vehicle while said operator or any passenger was in violation of the requirement of subsection(2)of this section;or (b) Evidence that the driver removed the safety belts or knowingly drove a vehicle from which the safety belts had been removed. 238. License Plates. (1) License plates assigned to a self-propelled vehicle other than a motorcycle or street rod vehicle shall be attached thereto,one in the front and the other in the rear.License plates shall be so displayed during the current registration year. (2) Every license plate shall at all times be securely fastened to the vehicle to which it is assigned,so as to prevent the plate from swinging,and shall be horizontal at a height not less than twelve inches from the ground measuring from the bottom of such plate, in a place and position clearly visible,and shall be maintained free from foreign materials and in a condition to be clearly legible. PART 3-EMISSIONS INSPECTION 301. Certificate of Emissions. (1) It shall be unlawful for any person to operate within the city a motor vehicle registered or required to be registered in this state or to allow such motor vehicle to be parked within the city on public property or on private property available for public use, without such vehicle having passed any necessary emission test as required by part 3 of article 4 of title 42 of the Colorado Revised Statutes. (2) The owner of any motor vehicle, which is in violation of subsection (1) of this section shall be responsible for payment of any penalty imposed under this section unless such owner proves that the motor vehicle was in the possession of another person without the owner's permission at the time of the violation. (3) Any vehicle owner who violates any provision of subsection (1) of this section is guilty of a misdemeanor traffic offense and, upon conviction thereof, shall be punished in accordance with subsection 1-15 of the City Code. Any non-owner driver who violates this section is guilty of a misdemeanor traffic offense and upon conviction thereof, shall be punished in accordance with subsection 1-15 of the City Code. (a) The owner or driver may, in lieu of appearance, submit to the court, within thirty days after the issuance of the notice and summons,the certification of emissions control form (4) No person shall make, issue or knowingly use any imitation or deceptively similar or counterfeit certification of emissions control form. Nor shall any person possess a certification of emissions control form if such person knows the same is fictitious, or was issued for another motor vehicle, 28 • or was issued without an emissions inspection having been performed and passed when required by part 3 of article 4 of title 42 of the Colorado Revised Statutes. (5) Any person who violates any provision of subsection(4)of this section is guilty of a misdemeanor and,upon conviction thereof, shall be punished in accordance with section 1-15 of the City Code. (6) The term"certification of emissions control"as used in this section, is as defined in section 424- 304,C.R.S. 302. Visible emissions from non-diesel powered motor vehicles. (1) It shall be unlawful for any person to cause or permit the emission of any visible air pollutant into the atmosphere from any motor vehicle, including motorcycles, powered by gasoline or any fuel other than diesel. (2) As used in this section, "air pollutant" shall mean any fume, smoke, particulate matter, vapor or gas or any combination thereof which is emitted into or otherwise enters the atmosphere, including, but not limited to, any physical, chemical, biological, radioactive (including source material, special nuclear material and by-product materials substance or matter, but air pollutant shall not include water vapor or steam condensation or any other emission exempted by the Colorado Air Quality Control Commission established pursuant to section 25-7-104, C.R.S., as consistent with the Federal Clean Air Act. Such term shall include any precursors to the formation of any air pollution, to the extent the administrator of the United States Environmental Protection Agency or the Colorado Air Quality Control Commission has identified such precursor or precursors for the particular purpose for which the term air pollutant is used. • (3) Violations of this section may be determined by a peace officer's visual observations. (4) The provisions of subsection (1) of this section shall not apply to emissions of an air pollutant caused by cold engine start up. (5) Any person who violates the provisions of subsection (1) of this section is guilty of a misdemeanor traffic offense and, upon conviction thereof, shall be punished in accordance with subsection 1-15 of the City Code. PART 4-DIESEL EMISSIONS PROGRAM PART 5-SIZE-WEIGHT-LOAD 501. Size and weight violations-penalty. (1) Except as provided in section 509, it is unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or vehicles of a size or weight exceeding the limitations stated in sections 502 to 512 or otherwise in violation of said sections or section 1407,except as permitted in section 510. The maximum size and weight of vehicles specified in said sections shall be lawful throughout this state,and local authorities shall have no power or authority to alter said limitations,except as express authority may be granted in section 42-4-106,C.R.S. (2) The provisions of this article governing size, weight,and load shall not apply to fire apparatus, authorized emergency vehicles,public transportation vehicles operated by the City or other political subdivision of the state, mobile machinery,self-propelled construction equipment,or to • implements of husbandry temporarily moved upon a street or highway,or to a vehicle operated under the terms of a special pem»t issued as provided in section 510 and 511. 29 502. Width of vehicles. (1) The total outside width of any vehicle or the load thereon shall not exceed eight feet six inches, except as otherwise provided in this section. (2) (a) A load of loose hay,including loosely bound,round bales,whether horse drawn or by motor,shall not exceed twelve feet in width. (b) A vehicle and trailer may transport a load of rectangular hay bales if such vehicle and load do not exceed ten feet six inches in width. (3) The total outside width of buses and coaches used for the transportation of passengers shall not exceed eight feet six inches. (4) The total outside width of vehicles as included in this section shall not be construed so as to prohibit the projection beyond such width of clearance lights,rearview mirrors,or other accessories required by federal,state,or city laws or regulations. (5) The width requirements imposed by subsection(1)shall not include appurtenances on recreational vehicles including but not limited to motor homes,travel trailers,fifth wheel trailers,camping trailers,recreational park trailers and truck campers as defined in section 24-32-902,C.R.S„so long as such recreational vehicle, including such appurtenances does not exceed a total outside width of nine feet six inches. (a) Appurtenance means a piece of equipment that is affixed or attached to a motor vehicle or trailer and is used for a specific purpose or task,including awnings,support hardware and extractable equipment. Appurtenance does not include any item or equipment that is temporarily affixed or attached to the exterior of a motor vehicle for the purpose of transporting such vehicle. 503. Projecting loads on vehicles. (1) No passenger type vehicle,except a motorcycle or motor driven cycle or a 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 inches beyond the line of the fenders on the right side thereof. (2) The load upon any vehicle operated alone or the load upon the front vehicle of a combination of vehicles shall not extend beyond the front wheels of such vehicles or vehicle or the front most point of the grill of such vehicle;but a load may project not more than four feet beyond the front most point of the grill assembly of the vehicle engine compartment of such a vehicle at a point above the cab of the driver's compartment so long as that part of any load projecting ahead of the rear of the cab or driver's compartment shall be so loaded as not to obscure the vision of the driver to the front or to either side. (3) It is unlawful for any person to operate a vehicle or a motor vehicle which has attached thereto in any manner any chain,rope,wire,or other equipment which drags,swings,or projects in any manner so as to endanger the person or property of another. 504. Height and length of vehicles. (1) No vehicle unladen or with load shall exceed a height of thirteen feet;except that vehicles with a height of fourteen feet six inches shall be operated only on highways designated by the State Department of Transportation. 30 . (2) No single motor vehicle shall exceed a length of forty-five feet extreme overall dimension, inclusive of front and rear bumpers. The length of vehicles used for the mass transportation of passengers wholly within the limits of a town,city,or City or within a radius of fifteen miles thereof may extend to sixty feet. The length of school buses may extend to forty feet. (3) Buses used for the transportation of passengers between towns,cities,and municipalities in the state of Colorado may be sixty feet extreme overall length,inclusive of front and rear bumpers but shall not exceed a height of thirteen feet six inches,if such buses are equipped to conform with the load and weight limitations set forth in section 508;except that buses with a height of fourteen feet six inches which otherwise conform to the requirements of this subsection(3)shall be operated only on highways designated by the State Department of Transportation. (4) No combination of vehicles coupled together shall consist of more than four units,and no such combination of vehicles shall exceed a total overall length of seventy feet. Said length limitation shall not apply to unladen truck tractor-semitrailer combinations when the semitrailer is fifty- seven feet four inches or less in length or to unladen truck tractor-semitrailer-trailer combinations when both the semitrailer and the trailer are twenty-eight feet six inches or less in length. Said length limitations shall also not apply to vehicles operated by a public utility when required for emergency repair of public service facilities or properties or when operated under special permit as provided in section 510,but,in respect to night transportation,every such vehicle and the load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of such load. The limitations in this section shall be strictly construed and enforced. (5) Notwithstanding the provisions of subsection(4)of this section,the following combinations of vehicles shall not exceed seventy-five feet in total overall length: (a) Saddlemount combinations consisting of no more than four units; (b) Laden truck tractor semitrailer combinations;and (c) Specialized equipment used in combination for transporting automobiles or boats. The overall length of such combinations shall be exclusive of: (I) Safety devices;however,such safety devices shall not be designed or used of carrying cargo; (11) Automobiles or boats being transported; (III) Any extension device that may be used for loading beyond the extreme front or rear ends of a vehicle or combination of vehicles;except that the projection of a load,including any extension devices loaded to the front of the vehicle,shall not extend more than four feet beyond the extreme front to the grill of such vehicle and no load or extension device may extend more than six feet to the extreme rear of the vehicle. (6) The length limitations of vehicles and combinations of vehicles provided for in this section as they apply to vehicles being operated and utilized for the transportation of steel,fabricated beams, trusses,utility poles,and pipes,shall be determined without regard to the projection of said commodities beyond the extreme front or rear of the vehicle or combination of vehicles;except that the projection of a load to the front shall be governed by the provisions of section 503,and no load shall project to the rear more than ten feet. 505. Longer vehicle combinations. 31 (1) Notwithstanding any other provision of this Traffic Code to the contrary,the State Department of Transportation,in the exercise of its discretion,may issue permits for the use of longer vehicle combinations. An annual permit for such use may be issued to each qualified carrier company. The carrier company shall maintain a copy of such annual permit in each vehicle operating as a longer vehicle combination. (2) The permits shall allow operation,over designated highways,of the following vehicle combinations of not more than three cargo units and neither fewer than six axles nor more than nine axles: (a) An unladen truck tractor,a semitrailer,and two trailers. A semitrailer used with a converter dolly shall be considered a trailer. Semi-trailers and trailers shall be of approximately equal lengths not to exceed twenty-eight feet six inches in length. (b) A laden truck tractor,semitrailer,and single trailer. A semitrailer used with a converter dolly shall be considered a trailer. Semi-trailers and trailers shall be of approximately equal lengths not to exceed forty-eight feet in length. Notwithstanding any other restriction set forth in this section,such combination may have up to eleven axles when used to transport empty trailers. (c) An unladen truck tractor,semitrailer,and single trailer,one trailer of which is not more than forty-eight feet long,the other trailer of which is not more than twenty-eight feet six inches long. A semitrailer used with a converter dolly shall be considered a trailer. The shorter trailer shall be operated as the rear trailer. (d) A truck and single trailer,having an overall length of not more than eighty-five feet,the truck of which is not more than thirty-five feet long and the trailer of which is not more than forty feet long. For the purposes of this paragraph(d),a semitrailer used with a converter dolly shall be considered a trailer. (3) The long combinations shall be limited to Interstate Highway 25.The State Department of Transportation shall promulgate rules and regulations to provide carriers with reasonable ingress to and egress from such designated highway segments. 506. Trailers and towed vehicles. (1) When one vehicle is towing another,the drawbar or other connection shall be of sufficient strength to pull all weight towed thereby,and said drawbar or other connection shall not exceed fifteen feet from one vehicle to the other,except the connection between any two vehicles transporting poles, pipe,machinery,or other objects of a structural nature which cannot readily be dismembered and except connections between vehicles in which the combined lengths of the vehicles and the connection does not exceed an overall length of fifty-five feet and the connection is of rigid construction included as part of the structural design of the towed vehicle. (2) When one vehicle is towing another and the connection consists of a chain,rope,or cable,there shall be displayed upon such connection a white flag or cloth not less than twelve inches square. (3) Whenever one vehicle is towing another,in addition to the drawbar or other connection,except a fifth wheel connection meeting the requirements of the State Department of Transportation,safety chains or cables arranged in such a way that it will be impossible for the vehicle being towed to break loose from the vehicle towing in the event the drawbar or other connection were to be broken,loosened,or otherwise damaged shall be used. This subsection(3)shall apply to all motor vehicles,to all trailers,except semi-trailers connected by a proper fifth wheel,and to any dolly used to convert a semitrailer to a full trailer. 32 • 507. Wheel and axle loads. (1) The gross weight upon any wheel of a vehicle shall not exceed the following: (a) When the wheel is equipped with a solid rubber or cushion tire,eight thousand pounds; (b) When the wheel is equipped with a pneumatic tire,nine thousand pounds. (2) The gross weight upon any single axle or tandem axle of a vehicle shall not exceed the following: (a) When the wheels attached to said axle are equipped with solid rubber or cushion tires, sixteen thousand pounds; (b) When the wheels attached to a single axle are equipped with pneumatic tires,twenty thousand pounds. (c) When the wheels attached to a single axle are equipped with pneumatic tires and the vehicle is a digger derrick or bucket boom truck operated by an electric utility on a highway that is not on the interstate system as defined in section 43-2-101,C.R.S., twenty-one thousand pounds; (d) When the wheels attached to a tandem axle are equipped with pneumatic tires,thirty-six thousand pounds for highways on the interstate system and forty thousand pounds for highways not on the interstate system. (3) Vehicles equipped with a self-compactor and used solely for the transporting of trash are exempted from the provisions of paragraph(b)of subsection(2)of this section. • (4) For the purposes of this section: (a) A single axle is defined as all wheels,whose centers may be included within two parallel transverse vertical planes not more than forty inches apart,extending across the full width of the vehicle. (b) A tandem axle is defined as two or more consecutive axles,the centers of which may be included between parallel vertical planes spaced more than forty inches and not more than ninety-six inches apart,extending across the full width of the vehicle. (5) The gross weight upon any one wheel of a steel-tired vehicle shall not exceed five hundred pounds per inch of cross-sectional width of tire. 508. Gross weight of vehicles and loads. (1) Except as provided in subsection(2)of this section,no vehicle or combination of vehicles shall be moved or operated on any highway or bridge when the gross weight thereof exceeds the limits specified below: (a) (I) The gross weight upon any one axle of a vehicle shall not exceed the limits prescribed in section 507. (II) Subject to the limitations prescribed in section 507,the gross weight of a vehicle having two axles shall not exceed thirty-six thousand pounds. (III) Subject to the limitations prescribed in section 507,the gross weight of a single vehicle having three or more axles shall not exceed fifty-four thousand pounds. 33 (b) Subject to the limitations prescribed in section 507,the maximum gross weight of any vehicle or combination of vehicles shall not exceed that determined by the formula W equals 1,000(L plus 40),W=the gross weight in pounds, L=the length in feet between the centers of the first and last axles of such vehicle or combination of vehicles,but in computation of this formula no gross vehicle weight shall exceed eighty-five thousand pounds. For the purposes of this section,where a combination of vehicles is used,no vehicle shall carry a gross weight of less than ten percent of the overall gross,weight of the combination of vehicles;except that these limitations shall not apply to specialized trailers of fixed public utilities whose axles may carry less than ten percent of the weight of the combination. The limitations provided in this section shall be strictly construed and enforced. (c) Notwithstanding any other provisions of this section,except as may be authorized under section 510,no vehicle or combination of vehicles shall be moved or operated on any highway or bridge which is part of the national system of interstate and defense highways,also known as the interstate system,when the gross weight of such vehicle or combination of vehicles exceeds the following specified limits: (I) Subject to the limitations prescribed in section 507,the gross weight of a vehicle having two axles shall not exceed thirty-six thousand pounds. (II) Subject to the limitations prescribed in section 507,the gross weight of a single vehicle having three or more axles shall not exceed fifty-four thousand pounds. (III) (A) Subject to the limitations prescribed in section 507,the maximum gross weight of any vehicle or combination of vehicles shall not exceed that determined by the formula W=500[(LN/N-1)+ 12N+36]. (B) In using the formula in sub-subparagraph(A)of this subparagraph(III), W equals overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds,L equals distance in feet between first and last axles of such vehicle or combination of vehicles, and N equals number of axles;but in computations of this formula no gross vehicle weight shall exceed eighty thousand pounds,except as may be authorized under section 510 or state law. (IV) For the purposes of this subsection(1),where a combination of vehicles is used, no vehicle shall carry a gross weight of less than ten percent of the overall gross weight of the combination of vehicles;except that this limitation shall not apply to specialized trailers whose specific use is to haul poles and whose axles may carry less than ten percent of the weight of the combination. (2) The gross weight limits provided subsection(1)of this section are increased by one thousand pounds for any vehicle or combination of vehicles that contains an alternative fuel system and operates on alternative fuel or both alternative and conventional fuel. The provisions of this subsection(2)apply only when the vehicle or combination of vehicles is operated on a highway that is not on the interstate system as defined in section 43-2-101,C.R.S.For the purposes of this subsection(2), "alternative fuel'has the same meaning provided in section 25-7-106.8(1)(a), C.R.S. 509. Vehicles weighed-excess removed. (1) Any police or peace officer having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same by means 34 of either portable or stationary scales or shall require that such vehicle be driven to the nearest public scales in the event such scales are within five miles. (2) (a) Except as provided in paragraph(b)of this subsection(2),whenever an officer upon weighing a vehicle and load as provided in subsection(1) of this section determines that the weight is unlawful,such officer shall require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of such vehicle to such limit as permitted under sections 501 to 512 and 1407. All material so unloaded shall be cared for by the owner or operator of such vehicle at the risk of such owner or operator. (b) Whenever an officer upon weighing a vehicle and load as provided in subsection(1)of this section determines that the weight is unlawful and the load consists solely of either explosives or hazardous materials as defined in section 42-1-102(32),C.R.S.,such officer shall permit the driver of such vehicle to proceed to the driver's destination without requiring such person to unload the excess portion of such load. (3) No driver of a vehicle shall fail or refuse to stop and submit the vehicle and load to a weighing or fail or refuse when directed by an officer upon a weighing of the vehicle to stop the vehicle and otherwise comply with the provisions of this section. 510. Permits for excess size and weight and for manufactured homes. (1) (a) The City Traffic Engineer or the City Engineer and state highway authority with respect to streets and highways under their jurisdiction may,upon application in writing and good cause being shown therefore,issue a single trip,a special,or an annual permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this Code or state law or otherwise not in conformity with the provisions of this Code upon any street or highway under its jurisdiction; except that permits for the movement of any manufactured home shall be issued as provided in subsection(2),of this section. (b) The application for any permit shall specifically describe the vehicle and load to be operated or moved and the particular highways or streets for which the permit to operate is requested, and whether such permit is for a single trip,a special,or an annual operation,and the time of such movement. All local permits shall be issued in the discretion of the City pursuant to ordinances or resolutions adopted in accordance with section 511. Any ordinances or resolutions of the City shall not conflict with section 42- 4-510,C.R.S. (2) In the event of an imminent natural or man-made disaster or emergency,including,but not limited to,rising waters,flood,or fire,the owner,owner's representative or agent,occupant,or tenant of a manufactured home or the mobile home park owner or manager,lienholder,or manufactured home dealer is specifically exempted from the need to obtain a pemut pursuant to this section and may move the endangered manufactured home out of the danger area to a temporary or new permanent location and may move such manufactured home back to its original location without a permit or penalty or fee requirement. Upon any such move to a temporary location as a result of a disaster or emergency,the person making the move or his agent or representative shall notify the county assessor in the county to which the manufactured home has been moved,within twenty days after such move,of the date and circumstances pertaining to the move and the temporary or permanent new location of the manufactured home. If the manufactured home is moved to a new permanent location from a temporary location as a result of a disaster or emergency,a permit for such move shall be issued but no fee shall be assessed. (3) The State Department of Transportation or the Colorado State Patrol and the City are authorized to 35 issue or withhold a permit,as provided in this section,and,if such permit is issued,to limit the number of trips;or to establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated,or otherwise to limit or prescribe conditions of operation of such vehicles,when necessary to protect the safety of highway users,to protect the efficient movement of traffic from unreasonable interference, or to protect the highways from undue damage to the road foundations,surfaces,or structures and may require such undertaking or other security as may be deemed necessary to compensate for any injury to any highway or highway structure. (4) Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or authorized agent of any authority granting such permit,and no person shall violate any of the terms or conditions of such special permit. (5) No vehicle having a permit under this section shall be remodeled,rebuilt,altered,or changed except in such a way as to conform to those specifications and limitations established in sections 501 to 507 and 1407 or state law. (6) Any person who has obtained a valid pert for the movement of any oversize vehicle or load may attach to such vehicle or load or to any vehicle accompanying the same not more than three illuminated flashing yellow signals as warning devices. (7) No permit shall be necessary for the operation of authorized emergency vehicles,public transportation vehicles operated by municipalities or other political subdivisions of the state, county road maintenance and county road construction equipment temporarily moved upon the highway,implements of husbandry,and farm tractors temporarily moved upon the highway, including transportation of such tractors or implements by a person dealing therein to his place of business within the state or to the premises of a purchaser or prospective purchaser within the state;nor shall such vehicles or equipment be subject to the size and weight provisions of this part 5. (8) The City may impose a fee,in addition to but not to exceed the amounts required in section 42-4- 510(11),C.R.S.,as provided by ordinance or resolution;and,in the case of a permit under section 42-4-510(11)(a)(IV),C.R.S.,the amount of the fee shall not exceed the actual cost of the extraordinary action. (9) (a) Any person holding a permit issued pursuant to this section or any person operating a vehicle pursuant to such permit who violates any provision of this section,any ordinance or resolution of the City,or any standards or rules or regulations promulgated pursuant to section 42-4-510,C.R.S.,by the Colorado State Department of Transportation except the provisions of section 424-510(2)(b)(IV),C.R.S.,commits a traffic offense. (b) The City with regard to a local permit may,after a hearing under section 24.4-105, C.R.S.,revoke,suspend,refuse to renew,or refuse to issue any permit authorized by this section upon a finding that the holder of the permit has violated the provisions of this section,any ordinance or resolution of the City,or any standards or rules or regulations promulgated pursuant to this section. 511. Permit standards-local. (1) Any permits which may be required by the City shall be issued in accordance with ordinances and resolutions adopted by the elected governing body after a public hearing at which testimony is received from affected motor vehicle owners and operators. Notice of such public hearing shall be published in a newspaper having general circulation within the City's jurisdiction. Such notice shall not be less than eight days prior to the date of hearing. The publication shall not be placed in that portion of the newspaper in which legal notices or classified advertisements appear. Such 36 • notice shall state the purpose of the hearing,the time and place of the hearing,and that the general public,including motor vehicle owners and operators to be affected,may attend and make oral or written comments regarding the proposed ordinance or resolution. Notice of any subsequent hearing shall be published in the same manner as for the original hearing. (2) At least thirty days prior to such public hearing,the City shall transmit a copy of the proposed ordinance or resolution to the State Department of Transportation for its comments,and said department shall make such comments in writing to the City prior to such public hearing. (3) When the City adopts or has adopted an ordinance or resolution governing permits for the movement of oversize or overweight vehicles or loads shall file a copy of such resolution with the State Department of Transportation and the Motor Carrier Services Division of the State Department of Revenue. 512. Liability for damage to highway. (1) No person shall drive,operate,or move upon or over any street,highway or highway structure any vehicle,object,or contrivance in such a manner so as to cause damage to said street,highway or highway structure. When the damage sustained to said street,highway or highway structure is the result of the operating,driving,or moving of such vehicle,object, or contrivance weighing in excess of the maximum weight authorized by sections 501 to 512 and 1407,it shall be no defense to any action,either civil or criminal,brought against such person that the weight of the vehicle was authorized by special permit issued in accordance with sections 501 to 512 and 1407. (2) Every person violating the provisions of subsection(1)of this section shall be liable for all damage which said street,highway or highway structure may sustain as a result thereof. Whenever the driver of such vehicle,object,or contrivance is not the owner thereof but is operating,driving,or moving such vehicle,object,or contrivance with the express or implied consent of the owner thereof,then said owner or driver shall be jointly and severally liable for any such damage. The liability for damage sustained by any such street,highway or highway structure may be enforced by a civil action by the authorities in control of such street,highway or highway structure. No satisfaction of such civil liability,however,shall be deemed to be a release or satisfaction of any criminal liability for violation of the provisions of subsection(1)of this section. 513. Who may restrict right to use of streets and highways (1) The City, with respect to streets and highways under its jurisdiction,may prohibit the operation of vehicles upon any such street or highway or impose restrictions as to the weight of vehicles to be operated upon any such street or highway,whenever any said street or highway by reason of deterioration,rain,snow,or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced. (2) After enacting any such ordinance signs designating the permissible weights shall be erected and maintained. (3) The City,with respect to streets and highways under its jurisdiction may prohibit the operation of trucks or other commercial vehicles on designated streets and highways or may impose limitations as to the weight thereof,which prohibitions and limitations shall be designated by appropriate signs placed on such highways. • 37 PART 6-SIGNALS-SIGNS-MARKINGS 601. Local governments to sign highways,where. The City shall place and maintain such traffic control devices, conforming to the Manual of Uniform Traffic Control Devices and specifications,upon streets and highways as it deems necessary to indicate and to cant'out the provisions of this Traffic Code or to regulate,warn,or guide traffic. 602. Local traffic control devices. (1) The City shall not erect or maintain any stop sign or traffic control signal at any location so as to require the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the State Department of Transportation. (2) Where practical the City shall not maintain three traffic control signals located on a roadway so as to be within one minute's driving time(to be determined by the speed limit)from any one of the signals to the other without synchronizing the lights to enhance the flow of traffic and thereby reduce air pollution. 603. Obedience to official traffic control devices. (1) No driver of a vehicle shall disobey the instructions of any official traffic control device including any official hand signal device placed or displayed in accordance with the provisions of this Traffic Code unless otherwise directed by a police officer or emergency services personnel subject to the exceptions in this Traffic Code granted the driver of an authorized emergency vehicle. (2) No provision of this Traffic Code for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required,such section shall be effective even though no devices are erected or in place. (3) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this Traffic Code,such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary is established by competent evidence. (4) Any official traffic control device placed pursuant to the provisions of this Traffic Code and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this Traffic Code unless the contrary is established by competent evidence. 604. Traffic control signal legend. (1) If traffic is controlled by traffic control signals exhibiting different colored lights,or colored lighted arrows,successively one at a time or in combination as declared in the traffic control manual adopted by the State Department of Transportation,only the colors green, yellow,and red shall be used,except for special pedestrian control signals carrying a word or symbol legend as provided in section 802,and said lights,arrows,and combinations thereof shall indicate and apply to drivers of vehicles and pedestrians as follows: (a) Green indication: 38 • (1) Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits such turn;but vehicular traffic, including vehicles turning right or left,shall yield the right-of-way to other vehicles,bicyclists, and to pedestrians lawfully within the intersection and to bicyclists or pedestrians within an adjacent crosswalk at the time such signal is exhibited. (II) Vehicular traffic facing a green arrow signal,shown alone or in combination with another indication,may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to bicyclists or pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. (111) Unless otherwise directed by a pedestrian control signal as provided in section 802,pedestrians facing any green signal,except when the sole green signal is a turn arrow,may proceed across the roadway within any marked or unmarked crosswalk. (b) Steady yellow indication: (I) Vehicular traffic facing a steady circular yellow or yellow arrow signal is hereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter. (II) Pedestrians facing a steady circular yellow or yellow arrow signal,unless otherwise directed by a pedestrian-control signal as provided in section 802,are thereby advised that there is insufficient time to cross the roadway before a red indication is shown,and no pedestrian shall then start to cross the.roadway. (c) Steady red indication: (I) Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line but,if none,before entering the crosswalk on the near side of the intersection or,if none,then before entering the intersection and shall remain standing until an indication to proceed is shown;except that: (A) Such vehicular traffic,after coming to a stop and yielding the right-of- way to bicyclists or pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection,may make a right turn,unless an official traffic control sign has been erected at each intersection where such right turn is prohibited; (B) Such vehicular traffic,when proceeding on a one-way street and after coming to a stop,may make a left turn onto a one-way street upon which traffic is moving to the left of the driver. Such turn shall be made only after yielding the right-of-way to bicyclists or pedestrians and other traffic proceeding as directed. No turn shall be made pursuant to this sub-subparagraph(B)at any intersection where such left turn is prohibited by an official traffic control sign. (C) To promote uniformity in traffic regulation throughout the state and to protect the public peace,health,and safety,the general assembly declares that no the City shall have any discretion other than is expressly provided in this subparagraph(1). 39 (11) Pedestrians facing a steady circular red signal alone shall not enter the roadway, unless otherwise directed by a pedestrian-control signal as provided in section 802. (III) Vehicular traffic facing a steady red arrow signal may not enter the intersection to make the movement indicated by such arrow and,unless entering the intersection to make such other movement as is permitted by other indications shown at the same time,shall stop at a clearly marked stop line but,if none, before entering the crosswalk on the near side of the intersection or,if none, then before entering the intersection and shall remain standing until an indication to make the movement indicated by such arrow is shown. (IV) Pedestrians facing a steady red arrow signal shall not enter the roadway,unless otherwise directed by a pedestrian-control signal as provided in section 802. (c) Non-intersection signal: In the event an official traffic control signal is erected and maintained at a place other than an intersection,the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or pavement marking indicating where the stop shall be made,but in the absence of any such sign or marking the stop shall be made at the signal. (d) Lane-use-control signals: Whenever lane-use-control signals are placed over the individual lanes of a street or highway, as declared in the traffic control manual adopted by the State Department of Transportation,such signals shall indicate and apply to drivers of vehicles as follows: (I) Downward-pointing green arrow(steady):A driver facing such signal may drive in any lane over which said green arrow signal is located. (II) Yellow"X"(steady):A driver facing such signal is warned that the related green arrow movement is being terminated and shall vacate in a safe manner the lane over which said steady yellow signal is located to avoid if possible occupying that lane when the steady red"X"signal is exhibited. (I1I) Yellow"X"(flashing): A driver facing such signal may use the lane over which said flashing yellow signal is located for the purpose of making a left turn or a passing maneuver,using proper caution,but for no other purpose. (IV) Red"X"(steady):A driver facing such signal shall not drive in any lane over which said red signal is exhibited. 605. Flashing signals. (1) Whenever an illuminated flashing red or yellow signal is used in conjunction with a traffic sign or a traffic signal or as a traffic beacon,it shall require obedience by vehicular traffic as follows: (a) When a red lens is illuminated with rapid intermittent flashes,drivers of vehicles shall stop at a clearly marked stop line but,if none,before entering the crosswalk on the near side of the intersection or,if none,then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection,and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. 40 (b) When a yellow lens is illuminated with rapid intermittent flashes,drivers of vehicles may proceed past such signal and through the intersection or other hazardous location only with caution. (2) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad crossings shall be governed by the provisions of sections 706 to 708. 606. Display of unauthorized signs or devices. (1) No person shall place,maintain,or display upon or in view of any highway any unauthorized sign, signal,marking,or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal,or which attempts to direct the movement of traffic,or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal,and (2) No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising. (3) This section does not prohibit the use of motorist services information of a general nature on official highway guide signs nor shall this section prohibit the erection upon private property adjacent to a street or highway of signs giving useful directional information and of a type that cannot be mistaken for official signs. (4) Every such prohibited sign,signal, or marking is declared to be a public nuisance, and the authority having jurisdiction over the highway is empowered to remove the same or cause it to be removed without notice. • (5) The provisions of this section shall not be applicable to informational sites authorized under section 43-1405,C.R.S. 607. Interference with official devices. No person shall,without lawful authority, attempt to or in fact alter,deface,injure,knock down,remove, or interfere with the effective operation of any official traffic control device or,any railroad sign or signal or any inscription,shield,or insignia thereon or any other part thereof. 608. Signals by hand or signal device. (1) Any stop or turn signal when required as provided by section 903 shall be given either by means of the hand and arm as provided by section 609 or by signal lamps or signal device of the type approved by the State Department of Revenue,except as otherwise provided in subsection(2)of this section. (2) Any motor vehicle in use on a street or highway in the City shall be equipped with,and the required signal shall be given by,signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body,cab,or load of such motor vehicle exceeds twenty-four inches or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet. The latter measurement shall apply to any single vehicle,also to any combination of vehicles. 609. Method of giving hand and arm signals. (1) All signals required to be given by hand and arm shall be given from the left side of the vehicle in 41 the following manner,and such signals shall indicate as follows: (a) Left-tum,hand and arm extended horizontally; (b) Right-tum,hand and arm extended upward; (c) Stop or decrease speed,hand and arm extended downward. 610. Unauthorized insignia. No owner shall display upon any part of the owner's vehicle any official designation, sign, or insignia of any public or quasi-public corporation or local government, state, or national department or governmental subdivision without authority of such agency or any insignia,badge, sign, emblem, or distinctive mark of any organization or society of which the driver is not a bona fide member or otherwise authorized to display such sign or insignia. 611. Paraplegic persons or persons with disabilities-distress flag. (1) Any paraplegic person or person with a disability when in motor vehicle distress is authorized to display by the side of such person's disabled vehicle a white flag of approximately seven and one- half inches in width and thirteen inches in length,with the letter 0"thereon in red color with an irregular one-half inch red border. Said flag shall be of reflective material so as to be readily discernible under darkened conditions,and said reflective material must be submitted to and approved by the State Department of Transportation before the same is used. (2) Any person who is not a paraplegic person or a person with a disability who uses such flag as a signal or for any other purpose is guilty of a traffic offense. 612. When signals are inoperative or malfunctioning. (1) Whenever a driver approaches an intersection and faces a traffic control signal which is inoperative or which remains on steady red or steady yellow during several time cycles,the rules controlling entrance to a through street or highway from a stop street or highway,as provided under section 703,shall apply until a police officer or emergency services personnel assumes control of traffic or until normal operation is resumed. In the event that any traffic control signal at a place other than an intersection should cease to operate or should malfunction as set forth in this section,drivers may proceed through the inoperative or malfunctioning signal only with caution,as if the signal were one of flashing yellow. (2) Whenever a pedestrian faces a pedestrian-control signal as provided in section 802 which is inoperative or which remains on"Don't Walk"or"Wait",during several time cycles,such pedestrian shall not enter the roadway unless the pedestrian can do so safely and without interfering with any vehicular traffic. 613. Failure to pay toll established by rural transportation authority. Any person who fails to pay a required fee,rate,or charge established by a rural transportation authority created pursuant to part 6 of article 4 of title 43,C.R.S.,for the privilege of traveling on or using any property included in a rural transportation system pursuant to part 6 of article 4 of title 43,C.R.S.,commits a traffic offence. 42 614, Designation of highway maintenance,repair,or construction zones signs-increase in penalties for speeding violations. (1) If maintenance,repair,or construction activities are occurring or will be occurring within four hours on a local street or state highway,the City Traffic Engineer may designate such portion of the highway as a highway maintenance,repair,or construction zone. Any person who commits a speeding violation in a maintenance,repair,or construction zone that is designated pursuant to the provisions of this section is subject to increased penalties. (2) The City Traffic Engineer shall designate by appropriate signs,a maintenance,repair,or construction activity is taking place or will be taking place within four hours. Such sign shall notify the public that increased penalties for speeding violations are in effect in such zone. Such sign shall notify the public that increased penalties for speeding violations are in effect in such zone. The City Traffic Engineer shall erect or place a second sign after such zone indicating that the increased penalties for speeding violations are no longer in effect. A maintenance,repair,or construction zone begins at the location of the sign indicating that increased penalties are in effect and ends at the location of the sign indicating that the increased penalties are no longer in effect. (3) Signs used for designating the beginning and end of a maintenance,repair,or construction zone shall conform to the State Department of Transportation requirements. The City Traffic Engineer may display such signs on any fixed,variable,or moveable stand. The City Traffic Engineer may place such sign on a moving vehicle if required for certain activities,including,but not limited to, highway painting work. 615. School zones-increase in penalties for speeding violations. When official traffic control devices and signs giving notice of the appropriate speed limit for a school zone are erected or displayed,the lawful speed limit at the applicable times and place shall be that which is then indicated upon such signs. No posted speed limit for a school zone shall be less than twenty miles per hour on any street or roadway. (1) Any person who commits a speeding violation in a school zone is subject to the increased penalties. (2) For the purposes of this section, "school zone"means an area that is designated by official traffic control devices and signs as a school zone and,has appropriate signs posted indicating that the penalties will be doubled. (3) This section shall not apply when the official traffic control devices are not operating or when school is not in official session. (4) This section does not apply,if the penalty for a violation has been doubled pursuant to section 614 of this Traffic Code or section 42-4-614,C.R.S.,because such violation also occurred within a highway maintenance,repair,or construction zone. 616, Barricades and temporary regulations for emergency or special conditions. (1) Wherever barricades are erected to close off a part or all of a street or highway,as authorized by this Traffic Code,no person shall drive around,through,over,or between such barricades or into the barricaded area except as directed or permitted by official signs or in compliance with directions from a police officer,emergency services personnel,or other authorized person. (2) Wherever an official traffic control device has been placed on any street or highway to declare or make known temporary regulations as authorized by this Traffic Code for emergencies or special conditions, no driver shall disobey the instructions thereof,except as directed or permitted by 43 official signs or in compliance with directions from a police officer,emergency services personnel,or other authorized person. 617. Use of red-light camera. (I) Fort Collins Police Services is authorized to use red-light cameras within the City to detect violations of section 604(1)(c)at signalized intersections. (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. (3) When a peace officer, or employee of the City, based on evidence obtained in whole or part by means of a red-light camera, has probable cause to believe that a vehicle has been driven in a manner violation of section 604 (1)(c), the peace officer or employee of the City may issue or cause to be issued through a contractor designated by the City,a summons and complaint charging the person in whose name the vehicle is registered with violation of section 604 (1)(c). If, however, the vehicle is registered in more than one person's name, the summons and complaint shall be issued to that registrant who the issuing peace officer determines under all the facts and circumstances, was the person most likely depicted in the photographs produced by the red-light cameras. The summons and complaint shall contain the signature, or a reasonable facsimile thereof,of the peace officer issuing the summons and complaint. (4) In order to obtain personal jurisdiction in municipal court over the person charged in the summons and complaint,a copy of the summons and complaint issued under this section must be personally served upon the person charged with the violation of section 604(1)(c) or,in lieu of such personal service,by leaving a copy of the summons and complaint at the person's usual place of abode with some person over the age of eighteen years residing therein or by mailing a copy to the charged person's last known address by certified mail, return receipt requested, not less than five days prior to the time the charged person is required in the summons and complaint to appear in municipal court. (5) When a person is served with a summons and complaint under this section,the person shall: (a) If admitting the charge, complete the summons and complaint form by providing his or her driver's license number and other pertinent information requested in the form, and return the completed summons and complaint form,together with the payment of the fine assessed, to the municipal court on or before the time specified in the summons and complaint for the charged person to appear in court;or (b) If contesting the charge, appear in municipal court at the time specified in the summons and complaint for arraignment. (6) Proof that a particular vehicle entered an intersection in violation of section 604(1)(c)as detected by a red-light camera and as shown by the photographs produced by the red-light camera,together with proof that the particular vehicle is registered in the charged person's name, shall raise the evidentiary presumption and constitute prima facie evidence in any prosecution of a violation of section 604(1)(c)of the fact that the charged person was the person driving the vehicle depicted in the photographs. However,such evidence and presumption may be rebutted by the presentation of any probative and competent evidence that the charged person was not the driver shown in the photographs. 44 • (7) In any proceeding in municipal court to prosecute a violation of section 604 (1)(c), the photographs produced by a red-light camera concerning the violation shall be admissible in court as prima facie evidence of a violation of section 604 (1)(c), provided that the peace officer or employee of the City who activated and tested the red-light camera prior to the photographs being taken testifies as to the placement of the red-light camera and the accuracy of the scene depicted in the photographs, and further testifies that he or she tested the red light camera for proper operation within a reasonable period of time both before and after the taking of the photograph. Also,to be so admissible in municipal court, the photographs must be of sufficient quality to permit identification of the driver of the vehicle. PART 7-RIGHTS-OF-WAY 701. Vehicles approaching or entering intersection. (1) When two vehicles approach or enter an intersection from different highways at approximately the same time,the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. (2) The foregoing rule is modified at through highways and otherwise as stated in sections 702 to 704. 702. Vehicle turning left. The driver of a vehicle intending to turn to the left within an intersection or into an alley,private road,or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. • 703. Entering through highway-stop or yield intersection. (1) The City Traffic Engineer,may erect and maintain stop signs,yield signs,or other official traffic control devices to designate through highways or to designate intersections or other roadway junctions at which vehicular traffic on one or more of the roadways is directed to yield or to stop and yield before entering the intersection or junction. In the case of state highways,such regulations shall be subject to the provisions of section 43-2-135 (1)(g),C.R.S. (2) Every sign erected pursuant to subsection(1)of this section shall be a standard sign adopted by the State Department of Transportation. (3) Except when directed to proceed by a police officer,every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line,but if none,before entering the crosswalk on the near side of the intersection,or if none,then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped,the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways. (4) The driver of a vehicle approaching a yield sign,in obedience to such sign,shall slow to a speed reasonable for the existing conditions and,if required for safety to stop,shall stop at a clearly marked stop line,but if none,before entering the crosswalk on the near side of the intersection,or if none,then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping,the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another . roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways;except that,if a driver is involved in a 45 collision with a vehicle in the intersection or junction of roadways after driving past a yield sign without stopping,such collision shall be deemed prima facie evidence of his failure to yield right- of-way. (5) Where stops signs have been erected on all comers at an intersection,the first vehicle arriving at the intersection shall after having stopped,have the right-of-way;and when two or more vehicles have arrived at an intersection from different streets at approximately the same time,the driver of the first vehicle on the right,having first stopped,shall have the right-of-way. 704. Vehicle entering roadway. The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed. 705. Operation on approach of emergency vehicles. (1) Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the requirements of section 213 or 222,the driver of every other vehicle shall yield the right-of-way and where possible shall immediately clear the farthest left-hand lane lawfully available to through traffic and shall drive to a position parallel to,and as close as possible to,the right-hand edge or curb of a roadway clear of any intersection and shall stop and remain in that position until the authorized emergency vehicle has passed,except when otherwise directed by a police officer or emergency services personnel. (2) Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the requirements of section 213 or 222, every pedestrian shall yield the right-of- way to the authorized emergency vehicle and shall leave the roadway and remain off the same until said vehicle has passed, except when otherwise directed by a police officer or emergency services personnel. 706. Obedience by drivers and pedestrians to railroad signal. (1) Any driver of a motor vehicle approaching a railroad crossing sign shall slow down to a speed that is reasonable and safe for the existing conditions. If required to stop for a traffic control device,flagperson,or safety before crossing the railroad grade crossing,the driver shall stop at the marked stop line,if any. If no such stop line exists,the driver shall: (a) Stop not less than fifteen feet nor more than fifty feet from the nearest rail of the railroad grade crossing and shall not proceed until the railroad grade can be crossed safely;or (b) In the event the driver would not have a reasonable view of approaching trains when stopped pursuant to paragraph(a)of this subsection(1),stop before proceeding across the railroad grade crossing at the point nearest such crossing where the driver has a reasonable view of approaching trains and not proceed until the railroad grade can be crossed safely. (2) No person shall drive any vehicle through,around,or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed,nor shall any pedestrian pass through,around,over,or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed. 707. Certain vehicles must stop at railroad grade crossings. 46 (1) Except as otherwise provided in this section,the driver of any motor vehicle carrying more than six passengers for hire,or of any school bus carrying any school child,or of any vehicle carrying hazardous materials which is required to be placarded in accordance with regulations issued pursuant to section 42-20-108,CKS.,before crossing at grade any tracks of a railroad,shall stop such vehicle within fifty feet but not less than fifteen 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. (2) When stopping as required at such railroad crossing,the driver shall keep as far to the right of the roadway as possible and shall not form two lanes of traffic unless the roadway is marked for four or more lanes of traffic. (3) Subsection(1)of this section shall not apply at: (a) Any railroad grade crossing protected by crossing gates or an alternately flashing light intended to give warning of the approach of a railroad train as provided in section 706; (b) Any railroad grade crossing at which traffic is regulated by a traffic control signal; (c) Any railroad grade crossing at which traffic is controlled by a police officer,emergency services personnel,or human flagperson; (4) For the purposes of this section,the definition of hazardous materials shall be the definition contained in the rules and regulations adopted by the Chief of the Colorado State Patrol pursuant to section 42-20-108,C.R.S. 708. Moving heavy equipment at railroad grade crossing. (1) No person shall operate or move any crawler-type tractor,steam shovel,derrick,or roller or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than nine inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without first complying with this section. (2) Notice of any such intended crossing shall be given to a superintendent of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing. (3) Before making any such crossing,the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen feet nor more than fifty 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 crossing can be made safely. (4) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagperson or otherwise of the immediate approach of a railroad train or car. 709. Stop when traffic obstructed. No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection,crosswalk,or railroad grade crossing to 47 accommodate the vehicle the driver is operating without obstructing the passage of other vehicles, pedestrians,or railroad trains,notwithstanding the indication of any traffic control signal to proceed. 710. Emerging from or entering alley,driveway,or building. (1) The driver of a vehicle emerging from an alley,driveway,building,parking lot,or other place, immediately prior to driving onto a sidewalk or into the sidewalk area extending across any such alleyway,driveway,or entranceway,shall yield the right-of-way to any pedestrian upon or about to enter such sidewalk or sidewalk area extending across such alleyway,driveway,or entranceway,as may be necessary to avoid collision,and when entering the roadway shall comply with the provisions of section 704. (2) The driver of a vehicle entering an alley,driveway,or entranceway shall yield the right-of-way to any pedestrian within or about to enter the sidewalk or sidewalk area extending across such alleyway,driveway,or entranceway. (3) No person shall drive any vehicle other than a bicycle or any other human-powered vehicle upon a sidewalk or sidewalk area,except upon a permanent or duly authorized temporary driveway. 711. Driving on mountain highways. (1) The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold such motor vehicle under control and as near the right-hand edge of the highway as reasonably possible and,except when driving entirely to the right of the center of the roadway, shall give audible warning with the horn of such motor vehicle upon approaching any curve where the view is obstructed within a distance of two hundred feet along the highway. (2) On narrow mountain highways with turnouts having a grade of six percent or more,ascending vehicles shall have the right-of-way over descending vehicles,except where it is more practicable for the ascending vehicle to return to a turnout. 712. Driving in highway work area. (1) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian engaged in work upon a highway within any highway construction or maintenance work area indicated by official traffic control devices. (2) The driver of a vehicle shall yield the right-of-way to any authorized service vehicle engaged in work upon a highway whenever such vehicle displays flashing lights meeting the requirements of section 214. (3) The City in cooperation with law enforcement agencies,may train and appoint adult civilian personnel for special traffic duty as highway flag persons within any highway maintenance or construction work area. Whenever such duly authorized flag persons are wearing the badge, insignia,or uniform of their office, are engaged in the performance of their respective duties,and are displaying any official hand signal device of a type and in the manner prescribed in the adopted state traffic control manual or supplement thereto for signaling traffic in such areas to stop or to proceed,no person shall willfully fail or refuse to obey the visible instructions or signals so displayed by such flag persons. 48 . PART 8-PEDESTRIANS 801. Pedestrian obedience to traffic control devices and traffic regulations. (1) A pedestrian shall obey the instructions of any official traffic control device specifically applicable to the pedestrian,unless otherwise directed by a police officer. (2) Pedestrians shall be subject to traffic and pedestriancontrol signals as provided in sections 604 and 802(5). (3) At all other places,pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this Traffic Code. 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. (2) Subsection(1)of this section shall not apply under the conditions stated in section 803. (3) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a moving vehicle which is so close as to constitute an immediate hazard. (4) No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a crosswalk or except where angle crossing is authorized. • (5) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway,the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. (6) Whenever special pedestrian-control signals exhibiting"Walk"or"Don't Walk"word or symbol indications are in place,as declared in the traffic control manual adopted by the State Department of Transportation,such signals shall indicate and require as follows: (a) "Walk'(steady):While the"Walk"indication is steadily illuminated,pedestrians facing such signal may proceed across the roadway in the direction of the signal indication and shall be given the right-of-way by the drivers of all vehicles. (b) "Walk"(flashing): Whenever the"Walk"indications is flashing,pedestrians facing such signal are cautioned that there is a possible hazard from vehicles,but such pedestrian may proceed across the roadway in the direction of the signal indication and shall be given the right-of-way by the drivers of all vehicles. (c) "Don't Walk"(steady):While the"Don't Walk"indication is steadily illuminated,no pedestrian shall enter the roadway in the direction of the signal indication. (d) "Don't Walk"(flashing): Whenever the"Don't Walk"indication is flashing,no pedestrian shall start to cross the roadway in the direction of such signal indication,but any pedestrian who has partly completed his crossing during the"Walk"indication shall proceed to a sidewalk or to a safety island,and all drivers of vehicles shall yield to any such pedestrian. 49 (e) Whenever a signal system provides for the stopping of all vehicular traffic and the exclusive movement of pedestrians and"Walk"and"Don't Walk"signal indications control such pedestrian movement,pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection while the"Walk"indication is exhibited and shall have the right-of-way against all vehicle and other traffic, if signals and other official devices direct pedestrian movement in such manner consistent with section 803(4). 803. Crossing at other than crosswalks. (1) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. (2) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway. (3) Between adjacent intersections at which traffic control signals are in operation,pedestrians shall not cross at any place except in a marked crosswalk. (4) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices;and,when authorized to cross diagonally,pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements. 804. Reserved. 805. Pedestrians walking or traveling in a wheelchair on highways. (1) Where sidewalks are provided it shall be unlawful for any pedestrian to walk or travel in a wheelchair along and upon an adjacent roadway.Pedestrians walking or traveling in a wheelchair along and upon highways where sidewalks are not provided shall walk or travel only on a road shoulder as far as practicable from the edge of the roadway. Where neither a sidewalk nor road shoulder is available,any pedestrian walking or traveling in a wheelchair along and upon a highway shall walk as near as practicable to an outside edge of the roadway and,in the case of a two-way roadway,shall walk or travel only on the left side of the roadway facing traffic that may approach from the opposite direction;except that any person lawfully soliciting a ride may stand on either side of such two-way roadway where there is a view of traffic approaching from both directions. (2) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any private vehicle. For the purposes of this subsection(2),"roadway"means that portion of the road normally used by moving motor vehicle traffic. (3) It is unlawful for any person who is under the influence of alcohol or of any controlled substance, as defined in section 12-22-303(7),C.R.S.,or of any stupefying drug to walk or be upon that portion of any highway normally used by moving motor vehicle traffic. (4) This section applying to pedestrians shall also be applicable to riders of animals. (5) The City may,by ordinance,regulate the use by pedestrians of streets and highways under its jurisdiction to the extent authorized under subsection(6)of this section and sections 42-4-110 and 424-111,C.R.S.,but no ordinance regulating such use of streets and highways in a manner differing from this section shall be effective until official signs or devices giving notice thereof have been placed as required by section 424-111 (2),C.R.S. 50 (6) No person shall solicit a ride on any highway included in the interstate system,as defined in section 43-2-101 (2),C.R.S.,except at an entrance to or exit from such highway or at places specifically designated by the State Department of Transportation;or, in an emergency affecting a vehicle or its operation,a driver or passenger of a disabled vehicle may solicit a ride on any highway- (7) Pedestrians shall only be picked up where there is adequate road space for vehicles to pull off and not endanger and impede the flow of traffic. (8) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of section 213 or of a police vehicle properly and lawfully making use of an audible signal only,every pedestrian shall yield the right-of-way to the authorized emergency vehicle and shall leave the roadway and remain off the same until the authorized emergency vehicle has passed,except when otherwise directed by a police officer. This subsection(8)shall not relieve the driver of an authorized emergency vehicle from the duty to use due care as provided in sections 107(4)and 807. 806. Driving through safety zone or play street prohibited. (1) No vehicle at any time shall be driven through or within a safety zone,as defined in section 42-1- 102(87),C.R.S. (2) Whenever official signs are erected indicating any street or parts thereof within the City as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then any said driver shall exercise the greatest care in driving upon any such street or portion thereof. 807. Drivers to exercise due care. Notwithstanding any of the provisions of this Traffic Code,every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person upon a roadway. 808. Drivers and pedestrians,other than persons in wheelchairs,to yield to persons with disabilities. Any pedestrian, other than a person in a wheelchair,or any driver of a vehicle who approaches a person who has an obviously apparent disability of blindness,deafness,or mobility impairment shall immediately come to a full stop and take such precautions before proceeding as are necessary to avoid an accident or injury to said person. A disability shall be deemed to be obviously apparent if,by way of example and without limitation,the person is using a cane or crutches,is assisted by an assistance dog,as defined in section 24-34-803 (7),C.R.S.,is being assisted by another person,is in a wheelchair,or is walking with an obvious physical impairment. PART 9-TURNING-STOPPING 901. Required position and method of turning. (1) The driver of a motor vehicle intending to turn shall do so as follows: (a) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway. 51 (b) Left turns. Where there is no left tam lane indicated by any pavement marking or other official traffic control device the driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to such vehicle. Whenever practicable,the left turn shall be made from the left of the center of the intersection and completed in the extreme left-hand lane lawfully available to such vehicle on the roadway being entered. (c) Single turn lane. Where a single special lane for a making turn by drivers proceeding in opposite directions has been indicated by official traffic control devices in the manner prescribed in the state traffic control manual,a turn shall not be made from any other lane and shall be made and completed in the manner above.A vehicle shall not be driven in said special lane except when preparing for or making a turn from or into the roadway or when preparing for or making a U-turn when otherwise permitted by law. (d) Double turn lanes.Where double tam lanes have been designated by official traffic control devices,vehicles within said lanes shall remain in the same lane while making and completing the turn. A vehicle shall not be driven in said double tarn lanes except when preparing for or making a tam from or into the roadway or when preparing for or making a U-tum when otherwise permitted by law. (2) The City Traffic Engineer may cause official traffic control devices to be placed and thereby require and direct that a different course from that specified in this section be traveled by turning vehicles,and,when such devices are so placed,no driver shall turn a vehicle other than as directed and required by such devices. In the case of streets which are a part of the state highway system, the local regulation shall be subject to the approval of the State Department of Transportation as provided in section 43-2-135 (1)(g),C.R.S. 902. Limitations on turning around. (1) No vehicle shall be turned so as to proceed in the opposite direction upon any curve or upon the approach to or near the crest of a grade where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within such distance as is necessary to avoid interfering with or endangering approaching traffic. (2) The driver of any vehicle shall not turn such vehicle at an intersection or any other location so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with or endangering other traffic. (3) The City Traffic Engineer subject to the provisions of section 43-2-135(1)(g),C.R.S.,in the case of streets which are state highways,may erect"U-turn"prohibition or restriction signs at intersections or other locations where such movements are deemed to be hazardous,and, whenever official signs are so erected,no driver of a vehicle shall disobey the instructions thereof. 903. Turning movements and required signals. (I) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 901,or turn a vehicle to enter a private road or driveway,or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety and then only after giving an appropriate signal in the manner provided in sections 608 and 609. (2) A signal of intention to turn right or left shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning in urban or metropolitan areas and shall be given continuously for at least two hundred feet on all four-lane highways and other highways 52 where the posted speed limit is more than forty miles per hour. Such signals shall be given regardless of existing weather conditions. (3) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in sections 608 and 609 to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. (4) The signals provided for in section 608(2)shall be used to indicate an intention to tum,change lanes,or start from a parked position and shall not be flashed on one side only on a parked or disabled vehicle or flashed as a courtesy or"do pass"signal to operators of other vehicles approaching from the rear. PART 10-DRIVING OVERTAKING-PASSING 1001. Drive on right side exceptions. (1) Upon all roadways of sufficient width,a vehicle shall be driven upon the right half of the roadway, except as follows: (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; (b) When an obstruction exists making it necessary to drive to the left of the center of the highway;but any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard; • (c) Upon a roadway divided into three lanes for traffic under the rules applicable thereon;or (d) Upon a roadway restricted to one-way traffic as indicated by official traffic control devices. (2) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway,except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. (3) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic,no vehicle shall be driven to the left of the center line of the roadway,except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes or except as permitted under subsection(1)(b)of this section. However,this subsection(3)does not prohibit the crossing of the centerline in making a left turn into or from an alley,private road,or driveway when such movement can be trade in safety and without interfering with,impeding,or endangering other traffic lawfully using the highway. 1002. Passing oncoming vehicles. Drivers of vehicles proceeding in opposite directions shall pass each other to the right,and,upon roadways having width for not more than one lane of traffic in each direction,each driver shall give to the other at • least one-half of the main traveled portion of the roadway as nearly as possible. 53 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 Hiles 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 thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. (b) 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. 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 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 direction of movement where the roadway is free from obstructions and marked for two or more lanes of moving vehicles. (2) 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. 1005. Limitations on overtaking on the left. (1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of this Traffic Code and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completed without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and,in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction,before coming within two hundred feet of any approaching vehicle. (2) No vehicle shall be driven on the left side of the roadway under the following conditions: (a) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction; (b) When approaching within one hundred feet of or traversing any intersection or railroad grade crossing;or (c) When the view is obstructed upon approaching within one hundred feet of any bridge, 54 viaduct,or tunnel. (3) The City Traffic Engineer is authorized to determine those portions of any highway where overtaking and passing or driving on the left side of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones. Where such signs or markings are in place to define a no-passing zone and such signs or markings are clearly visible to an ordinarily observant person,no driver shall drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length. (4) The provisions of this section shall not apply; (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. 1006. One-way roadways and rotary traffic islands. (1) Upon those alleyways,streets or roadways and parts of alleyways, streets or roadways,restricted for one-way traffic as authorized in this Traffic Code,a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices. (2) A vehicle passing around a rotary traffic island shall be driven only to the right of such island. (3) The City Traffic Engineer with respect to alleyways,streets,roadways,and highways under their jurisdiction may designate any alleyway,street,or roadway,part of a alleyway,street,or roadway, or specific lanes upon which vehicular traffic shall proceed in one direction at all or such times as shall be indicated by official traffic control devices. In the case of streets or roadways which are a part of the state highway system, the regulation shall be subject to the approval of the State Department of Transportation pursuant to section 43-2-135 (1)(g),C.R.S. 1007. Driving on roadways laned for traffic. (1) Whenever any roadway has been divided into two or more clearly marked lanes for traffic,the following rules in addition to all others consistent with this section shall apply: (a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. (b) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic,a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction where the roadway is clearly visible and such center lane is clear of traffic within a safe distance,or in preparation for a left rum,or where such center lane is at the time allocated exclusively to the traffic moving in the direction the vehicle is proceeding and is designated by official traffic control devices to give notice of such allocation. Under no condition shall an attempt be made to pass upon the shoulder or any portion of the roadway remaining to the right of the indicated right-hand traffic lane. (c) Official traffic control devices may be erected directing specified traffic to use a 55 designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway,and drivers of vehicles shall obey the directions of every such device. (d) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway,and drivers of vehicles shall obey the directions of every such device. 1008. Following too closely. (1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent,having due regard for the speed of such vehicles and the traffic upon and the condition of the street or highway. (2) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall,whenever conditions permit,leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger;except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle. (3) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade,whether or not towing other vehicles,shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions. 1009. Coasting prohibited. (1) The driver of any motor vehicle when traveling upon a downgrade shall not coast with the gears or transmission of such vehicle in neutral. (2) The driver of a truck or bus when traveling upon a downgrade shall not coast with the clutch disengaged. 1010. Driving on divided or controlled-access highways. (1) Whenever any highway has been divided into separate roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic,every vehicle shall be driven only upon the right-hand roadway,unless directed or permitted to use another roadway by official traffic control devices. No vehicle shall be driven over,across,or within any such dividing space,barrier,or section,except through an opening in such physical barrier or dividing section or space or at a crossover or intersection as established, unless specifically prohibited by official signs and markings or by the provisions of section 902. However,this subsection(1)does not prohibit a left turn across a median island formed by standard pavement markings or other mountable or traversable devices as prescribed in the state traffic control manual when such movement can be made in safety and without interfering with, impeding,or endangering other traffic lawfully using the street or highway. (2) (a) No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority. (b) Whenever an acceleration lane has been provided in conjunction with a ramp entering a controlled-access highway and the ramp intersection is not designated or signed as a stop or yield intersection as provided in section 703(1),drivers may use the acceleration lane 56 . to attain a safe speed for merging with through traffic when conditions permit such acceleration with safety;but traffic so merging shall be subject to the rule governing the changing of lanes as set forth in section 1007(1)(a). (c) Whenever a deceleration lane has been provided in conjunction with a ramp leaving a controlled-access highway,drivers shall use such lane to slow to a safe speed for making an exit turn after leaving the mainstream of faster-moving traffic. (3) Any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic shall not use any controlled-access highway posted with official traffic control devices in conformity with the standards established by sections 105 and 601 at entrance points or along the highway on which such regulations are applicable. When such devices are so in place,giving notice thereof,no person shall disobey the restrictions made known by such devices. 1011. Use of runaway vehicle ramps. (1) No person shall use a runaway vehicle ramp unless such person is in an emergency situation requiring use of the ramp to stop his vehicle. (2) No person shall stop,stand, or park a vehicle on a runaway vehicle ramp or in the pathway of the ramp. 1012. High occupancy vehicle lanes (1) The City Traffic Engineer,with respect to streets and highways under their jurisdictions,may designate exclusive or preferential lanes for vehicles that carry a specified number of persons. The occupancy level of vehicles and the time of day when lane usage is restricted to high occupancy vehicles,if applicable,shall be designated by official traffic control devices. (2) A motorcycle or motor driven cycle may be operated upon high occupancy vehicle lanes pursuant to section 402 title 23 United States Traffic Code,unless prohibited by official traffic control devices. 1013. Driving on roadways with designated bicycle lanes or recreational trails. (1) Whenever a bicycle lane has been established on a roadway, any person operating a motor vehicle on such roadway shall not drive in the bicycle lane except to park where parking is permitted, to enter or leave the highway or to prepare for a turn. Any person operating a motor vehicle shall not enter a bicycle lane as provided by this section until yielding the right-of-way to all bicycles lawfully within the bicycle lane. PART 11 -SPEED REGULATIONS 1101. Speed limits. (1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing and in no event greater than the posted speed limit. (2) Except when a special hazard exists that requires a lower speed,the following speeds are hereby established,and no person shall drive a vehicle in excess of such speed: • (a) Twenty miles per hour in all school zones with signs erected and posted giving notice thereof; 57 (b) Twenty-five miles per hour on all other streets of the city not specifically posted otherwise; (c) Fifteen miles per hour in all alleyways; (d) Twenty miles per hour on the campus of Colorado State University,unless signs are posted giving notice otherwise; (e) 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 miles per hour. (f) Forty-five miles per hour for all vehicles in the business of transporting trash,where higher speeds are posted,when said vehicle is loaded as an exempted vehicle pursuant to section 507(3); (g) Fifty-five miles per hour on other open highways which are not on the interstate system, as defined in section 43-2-101 (2),C.R.S.,and are not surfaced,four-lane freeways or expressways; (h) Sixty-five miles per hour on surfaced,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; (i) Any speed not in excess of a speed limit designated by an official traffic control device. (3) The fact that the speed of a vehicle is lower than the limits established by law,or as set forth in traffic control schedules as provided in this Traffic Code pursuant to law,shall not relieve the driver from the duty to decrease speed when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highways conditions,and speed shall be decreased as may be necessary to avoid colliding with any person,vehicle or other conveyance,or object on or entering the street in compliance with legal requirements and the duty of all persons to use due care. (4) In every charge of violating 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. (5) The provisions of this section shall not be construed to relieve the party alleging negligence under this section in any civil action for damages from the burden of proving that such negligence was the proximate cause of an accident. (6) The City may by ordinance or resolution adopt absolute speed limits as the maximum lawful speed limits in its jurisdiction. (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 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 58 statewide concern requiring uniform compliance throughout the state. (8) The conduct of a driver of a vehicle which would otherwise constitute a violation of this section is justifiable and not unlawful when: (a) It is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of said driver and which is of sufficient gravity that,according to ordinary standards of intelligence and morality,the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the consequences sought to be prevented by this section;or (b) With respect to authorized emergency vehicles,the applicable conditions for exemption, as set forth in section 107,exist. (9) The minimum requirement for commission of a traffic offense under this section is the performance by a driver of prohibited conduct,which includes a voluntary act or the omission to perform an act which said driver is physically capable of perfomilng. (10) It shall not be a defense to prosecution for a violation of this section that: (a) The defendant's conduct was not performed intentionally,knowingly,recklessly,or with criminal negligence;or (b) The defendant's conduct was performed under a mistaken belief of fact, including,but not limited to,a mistaken belief of the defendant regarding the speed of the defendant's vehicle;or (c) The defendant's vehicle has a greater operating or fuel-conserving efficiency at speeds greater than the reasonable and prudent speed under the conditions then existing or at speeds greater than the maximum lawful speed limit. 1102. Altering of speed limits-when. (1) Whenever the City Traffic Engineer determines upon the basis of a traffic investigation or survey, or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof,that any speed specified or established as authorized under sections 1101 to 1104 is greater or less than is reasonable or safe under the road and traffic conditions at any intersection or other place or upon any part of a street or highway in the City,the City Traffic Engineer shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or upon the approaches thereto. The City shall not have the power to alter the basic rules set forth in section 1101 (1)or in any event to authorize by resolution or ordinance a speed in excess of seventy-five miles per hour. (2) The City Traffic Engineer shall determine upon the basis of a traffic investigation or survey the proper speed for all arterial streets and shall declare a reasonable and safe speed limit thereon which may be greater or less than the speed specified under section 1101 (2)(b)or(2)(c). Such speed limit shall not exceed seventy-five miles per hour and shall become effective when appropriate signs are erected giving notice thereof. For purposes of this subsection(2),an"arterial street"means any United States or state-numbered route,controlled-access highway,or other major radial or circumferential street or highway designated by the City Traffic Engineer as part of a major arterial system of streets or highways. (3) No alteration of speed limits on state highways within the City shall be effective until such alteration has been approved in writing by the State Department of Transportation. 59 (4) Whenever the City Traffic Engineer,determine upon the basis of a traffic investigation or survey that a reduced speed limit is warranted in a school or construction area or other place during certain hours or periods of the day when special or temporary hazards exist,the City Traffic Engineer may erect or display official signs of a type prescribed in the state traffic control manual giving notice of the appropriate speed limit for such conditions and stating the time or period the regulation is effective. When such signs are erected or displayed,the lawful speed limit at the particular time and place shall be that which is then indicated upon such signs;except that no such speed limit shall be less than twenty miles per hour on a state highway or other arterial street as defined in subsection(2)of this section nor less than fifteen miles per hour on any other road or street,nor shall any such reduced speed limit be made applicable at times when the special conditions for which it is imposed cease to exist. Such reduced speed limits on streets which are state highways shall be subject to the written approval of the State Department of Transportation before becoming effective. (5) Wherever a stop sign or speed limit sign has been erected,not inconsistent with the provisions of sections 1101 to 1104,upon any way which is open to travel by motor vehicles and which is privately maintained in mobile home parks,when appropriate signs giving notice of such enforcement are erected at the entrances to such ways,no driver shall disobey such stop signs or speed limit regulations.Unless there is an agreement to the contrary,the jurisdiction ordering the regulations shall be responsible for the erection and maintenance of the signs. 1103. Minimum speed regulation. (1) No person shall drive a motor vehicle on any highway at such a slow speed as to impede or block the nominal and reasonable forward movement of traffic,except when a reduced speed is necessary for safe operation of such vehicle or in compliance with law. (2) Whenever the City Traffic Engineer determines,on the basis of an engineering and traffic investigation as described in the state traffic control manual,that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic,the City Traffic Engineer may determine and declare a minimum speed limit below which no person shall drive a vehicle, except when necessary for safe operation or in compliance with law. (3) Notwithstanding any minimum speed that may be authorized and posted pursuant to this section,if any person drives a motor vehicle on any controlled-access highway at a speed less than the normal and reasonable speed of traffic under the conditions then and there existing and by so driving at such slower speed impedes or retards the normal and reasonable movement of vehicular traffic following immediately behind,then such driver shall: (a) Where the width of the traveled way permits,drive in the right-hand lane available to traffic or on the extreme right side of the roadway consistent with the provisions of section 1001 (2)until such impeded traffic has passed by;or (b) Pull off the roadway at the first available place where such movement can safely and lawfully be made until such impeded traffic has passed by. (4) Wherever special uphill traffic lanes or roadside turnouts are provided and posted,drivers of all vehicles proceeding at less than the normal and reasonable speed of traffic shall use such lanes or turnouts to allow other vehicles to pass or maintain normal traffic flow. 1104. Speed limits on elevated structures. (1) No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a 60 highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure,when such structure is signposted as provided in this section. (2) The State Department of Transportation upon request from the City shall,or upon its own initiative may,conduct an investigation of any bridge or other elevated structure constituting a part of a highway,and,if it finds that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under sections 42-4-1101 to 42-4-1104,C.R.S.,said department shall determine and declare the maximum speed of vehicles which such structure can withstand and shall cause or permit suitable standard signs stating such maximum speed to be erected and maintained before each end of such structure in conformity with the state traffic control manual. (3) Upon the trial of any person charged with a violation of this section,proof of said determination of the maximum speed by said department and the existence of said signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure. 1105. Speed contests. (1) No person shall engage in any motor vehicle speed or acceleration contest or exhibition of speed or acceleration on a street or highway,and no person shall aid or abet in any such motor vehicle speed or acceleration contest or exhibition on any street or highway. (2) No person shall,for the purpose of facilitating or aiding or as an incident to any motor vehicle speed or acceleration contest 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. 61 1106. Camera-radar speed enforcement. (1) Fort Collins Police Services is authorized to use camera radar within the City in school zones, as defined in section 1102 (3), within a residential neighborhood, or along a street that borders a municipal park, to detect violations under this Traffic Code. The terms "camera radar' and "automated vehicle identification device system" shall be synonymous for the purposes of this section. (a) For the purposes of this section, unless context otherwise requires, "residential neighborhood" shall mean any block on which a majority of the improvements along both sides of the street are residential dwellings and the speed limit is thirty-five miles per hour or less. (b) Nothing in this section shall apply to an automated vehicle identification system designed to detect disobedience to a traffic control signal. (2) As used in this Traffic Code, camera radar shall mean a device used for speed enforcement consisting of a camera and a radar unit or other speed measurement device that can be programmed to automatically produce a photograph that depicts a vehicle that has exceeded the speed limit and depicts the driver of the vehicle, upon which photograph is printed the vehicle's speed and the date,approximate time of day and approximate location of the violation. (a) In addition, there must be posted an appropriate temporary sign in a conspicuous place not fewer than three hundred feet before the area in which the camera radar system is to be used notifying the public that an automated vehicle identification device is in use immediately ahead. (b) The requirements of subparagraph 2(a) shall not be deemed satisfied by the posting of a permanent sign or signs at the borders of the city,nor by the posting of a permanent sign in an area in which the camera radar system is to be used, but this subparagraph 2 (a) shall not be deemed a prohibition against the posting of such permanent signs. (3) When a peace officer or employee of the city is present during the operation of the camera radar system,based on evidence obtained in whole or part by means of camera radar,has probable cause to believe a vehicle has been driven in excess of the legal speed limit, the peace officer or employee of the city may issue,or cause to be issued through a contractor designated by the City, a summons and complaint charging the person in whose name the vehicle is registered with the speed limit violation. If, however, the vehicle is registered in more than one person's name, the summons and complaint shall be issued to that registrant who the issuing officer determines,under all the facts and circumstances, is the person most likely depicted in the photograph produced by the camera radar. The summons and complaint shall contain the signature, or a reasonable facsimile thereof,of the peace officer or employee of the city issuing the summons and complaint. (4) In order to obtain personal jurisdiction in municipal court over the person charged in the summons and complaint,a copy of the summons and complaint issued under this section must be personally served upon the person charged with the speeding violation or,in lieu of such personal service,by leaving a copy of the summons and complaint at the charged person's usual place of abode with some person over the age of eighteen years residing therein, or by mailing a copy to the charged person's last known address by certified mail, return receipt requested, not less than five days prior to the time the charged person is required in the summons and complaint to appear in municipal court. (a) If a summons and complaint for a violation detected using an automated vehicle identification system is personally served, the City may only charge the actual costs of service of process that shall be no more than the amount usually charged for civil service of process. 62 . (5) When a person is served with a summons and complaint under this section,the person shall: (a) If admitting the charge, complete the summons and complaint form providing his or her driver's license number and other pertinent information requested in the form, and return the completed summons and complaint form, together with the payment of the fine assessed, to the municipal court on or before the time specified in the summons and complaint for the charged person to appear in court;or (b) If contesting the charge, appear in municipal court at the time specified in the summons and complaint for arraignment. (6) Proof that a particular vehicle was exceeding the legal speed limit as detected by camera radar and as shown by the photograph produced by camera radar, together with proof that the particular vehicle is registered in the charged person's name, shall raise the evidentiary presumption and constitute prima facie evidence in any prosecution of a violation under this section of the fact that the charged person was the person driving the vehicle depicted in the photograph. However, such evidence and presumption may be rebutted by the presentation of any probative and competent evidence that the charged person was not the driver shown in the photograph. (7) In any proceeding in municipal court to prosecute a violation of this section, any photograph produced by camera radar concerning the violation, upon which is printed the vehicle's speed, shall be admissible in court as prima facie evidence of the speed of the vehicle depicted in the photograph,provided that the peace officer or employee of the city who activated the camera radar prior to the photograph being taken testifies as to the placement of the camera radar and the accuracy of the scene depicted in the photograph, and further testifies that he or she tested the radar unit of the camera radar for proper calibration before and after the taking of the photograph. Also,to be so admissible in municipal court,the photograph must be of sufficient quality to permit identification of the driver of the vehicle. PART 12—PARKING,STOPPING AND STANDING REGULATIONS 1201. Starting parked vehicle. No person shall start a vehicle which is stopped,standing,or parked unless and until such movement can be made with reasonable safety and without interfering with any moving vehicle which is close enough to constitute an immediate hazard. 1202. Parking or abandonment of vehicles. No person shall stop,park,or leave standing any vehicle,either attended or unattended,outside of a business or a residential district,upon the paved or improved and main-traveled part of the highway. Nothing contained in this section shall apply to the driver of any vehicle which is disabled while on the paved or improved and main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position,subject,when applicable,to the emergency lighting requirements set forth in section 230. 1203. Parking not to obstruct traffic maintenance. No person shall park any vehicle upon any street or highway in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance 63 1203.5 Waiting for parking space being cleared. The driver of a vehicle while waiting for a parking space to be cleared by another vehicle which is in the actual process of leaving such parking space shall stop on the roadway side of and immediately to the rear of such leaving vehicle and shall remain in such position with the appropriate turn signal activated until the parking space has been cleared. 1204. Stopping,standing,or parking prohibited in specified places. (1) No person shall stop, stand or park on any street or at any place within the City where official signs are posted or markings are present giving notice of stopping, standing or parking restrictions or prohibitions as authorized in this Traffic Code and described in traffic control schedules. Except as otherwise provided in subsection(4)of this section,no person shall stop,stand or park a vehicle in any manner in violation of the provisions contained on such sign or signs or indicated by such markings except when necessary to avoid conflict with other traffic,or in compliance with the directions of a police officer, emergency services personnel, or official traffic control device, in any of the following places: (a) On a sidewalk; (b) Within an intersection; (c) On a crosswalk; (d) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone,unless the traffic authority indicates a different length by signs or markings; (e) Alongside or opposite any street excavation or obstruction when stopping,standing,or parking would obstruct traffic; (f) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; (g) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (h) On any railroad tracks; (i) On any controlled-access highway; 0) In the area between roadways of a divided highway,including crossovers; (k) At any other place where official signs prohibit stopping. (1) Upon any part of any sidewalk,grass strip,median,or any other street right-of-way between the curb and the property line,except law enforcement,emergency services personnel,or utility vehicles in the course of their official duties. (2) Except as otherwise provided in subsection(4)of this section,in addition to the restrictions specified in subsection(1)of this section,no person shall stand or park a vehicle,except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer,emergency services personnel,or an official traffic control device,in any of the following places: (a) Within five feet of a public or private driveway;except 64 • (I) Buses engaged as common carriers,school busses or taxicabs,may stop in such locations to load and unload passengers. (I1) Vehicles being expeditiously loaded and unloaded,provided the vehicle's flashing emergency lights are activated and the vehicle is not obstructing traffic. (b) Within fifteen feet of a fire hydrant; (c) Within twenty feet of a crosswalk at an intersection; (d) Within thirty feet upon the approach to any flashing beacon or signal,stop sign,yield sign,or traffic control signal located at the side of a roadway; (e) Within twenty feet of the driveway entrance to any fire station or,on the side of a street opposite the entrance to any fire station,within seventy-five feet of said entrance when properly signposted; (f) With less then two feet of clearance between vehicles; (g) At any other place where official signs prohibit standing. (3) In addition to the restrictions specified in subsections(1)and(2)of this section,no person shall park a vehicle,except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device,in any of the following places: (a) Within fifty feet of the nearest rail of a railroad crossing; • (b) At any other place where official signs prohibit parking. (c) To park any vehicle other than an authorized vehicle in any area designated and marked for such use. (4) (a) Paragraph(a) of subsection(1)of this section shall not prohibit persons from parking bicycles on sidewalks in accordance with the provisions of section 1412(11)(a)and (II)(b). (b) Paragraph(f)of subsection(1)of this section shall not prohibit persons from parking two or more 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- parked on sidewalks in accordance with section 1412(11)(a)and(I1)(b). (5) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. (6) No person shall park or direct another person to park a vehicle in a block face or a public parking lot for a period in excess of a time restriction established for parking in the block face or public parking. 1205. Parking at curb or edge of roadway. . (1) Except as otherwise provided in this section,every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. 65 (2) Except as otherwise provided by local ordinance,every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway in the direction of authorized traffic movement,with its right-hand wheels within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder or with its left-hand wheels within twelve inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. 1205.5 Obedience to angle parking sign or markings. On those streets which have been approved and signed or marked for angle parking,no person shall stop, stand,or park a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings with the vehicle's appropriate front tire adjacent to the correspondent curb or edge of the roadway except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or other emergency services personnel. 1206. Unattended motor vehicle. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine,locking the ignition,removing the key from the ignition,and effectively setting the brake thereon,and,when standing upon any grade,said person shall turn the front wheels to the curb or side of the highway in such a manner as to prevent the vehicle from rolling onto the traveled way. 1207. Opening and closing vehicle doors. No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic;nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. 1208. Parking privileges for persons with disabilities. (1) As used in this section: (a) "License plate or placard"means a license plate or placard issued pursuant to section 42- 3-121 (2),C.R.S. (b) "Person with a disability"has the meaning provided for such term in section 42-3-121 (1),C.R.S. (2) A vehicle with a license plate or a placard obtained pursuant to section 42-3-121,C.R.S.,or as otherwise authorized by subsection(4)of this section may be parked in public parking areas along public streets regardless of any time limitation imposed upon parking in such area;except such privilege shall not apply to zones or times of day in which: (a) Stopping,standing,or parking of all vehicles is prohibited; (b) Only special vehicles may be parked; (c) Parking is not allowed during specific periods of the day. (3) (a) A person with a disability may park in a parking space identified as being reserved for use by persons with disabilities whether on public property or private property available for public use. A placard or license plate obtained pursuant to section 42-3121,C.R.S., 66 or as otherwise authorized by subsection(4)of this section shall be displayed at all times on the vehicle while parked in such space. (b) The owner of private property available for public use may request the installation of official signs or markings identifying parking spaces reserved for use by persons with disabilities. Such a request shall be a waiver of any objection the owner may assert concerning enforcement of this section by peace officers of any political subdivision of this state,and such officers are hereby authorized and empowered to so enforce this section,provisions of law to the contrary notwithstanding. (c) Each parking space reserved for use by persons with disabilities whether on public property or private property shall be marked with an official upright sign or markings on the pavement,which sign may be stationary or portable,identifying such parking space as reserved for use by persons with disabilities. (4) Persons with disabilities from states other than Colorado shall be allowed to use parking spaces for persons with disabilities in Colorado so long as such persons have valid license plates or placards from their home state that are also valid pursuant to 23 CFR part 1235. (5) It is unlawful for any person other than a person with a disability to park in a parking space on public or private property that is clearly identified by an official sign or pavement markings as being reserved for use by persons with disabilities unless: (a) Such person is parking the vehicle for the direct benefit of a person with a disability to enter or exit the vehicle while it is parked in the space reserved for use by persons with disabilities;and(b)A license plate or placard obtained pursuant to section 42-3121, C.R.S.,or as otherwise authorized by subsection(4)of this section is displayed in such vehicle. (6) Any person who is not a person with a disability and who exercises the privilege defined in subsection(2)of this section or who violates the provisions of subsection(5)or subsection(9)of this section of this section commits a traffic offense. (7) Any person who is not a person with a disability and who uses a license plate or placard issued to a person with a disability pursuant to section 42-3-121 (2),C.R.S. in order to receive the benefits or privileges available to a person with a disability under this section commits a traffic offence. (8) Any law enforcement officer,community service officer or authorized parking enforcement official may check the identification of any person using a license plate or placard for persons with disabilities in order to determine whether such use is authorized. (9) It is unlawful for any person to park a vehicle so as to block reasonable access to curb ramps or passenger loading zones,as identified 28 CFR part 36(appendix A),that are clearly identified and are adjacent to a parking space reserved for use by persons with disabilities unless such person is loading or unloading a person with a disability. (10) It shall be unlawful for any person to deposit,place or pile any snow,ice,litter or other materials on to any parking space which is identified for use by persons with disabilities,as provided in this section,in a manner that blocks a vehicle from using the parking space. It shall also be unlawful for any person to deposit,place or pile any snow,ice,litter or other materials in areas immediately adjacent to a parking space for persons with disabilities that are reasonably necessary for a person with a disability to safely exit or enter a motor vehicle parked in such adjacent space. Further, it is unlawful for any person who is the owner of or has the right to possession of private property upon which a parking space has been reserved for parking by persons with disabilities,as provided in this Code,to knowingly permit any person to deposit,place or pile any snow,ice,litter or other materials on to any such parking space or on areas immediately adjacent to such parking space if 67 to do so will unreasonably interfere with a person with a disability safely exiting or entering a vehicle parked in such adjacent space. 1209. Notice and procedure for parking violations. (1) Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the parking,standing or stopping provisions of this Traffic Code,the officer finding such vehicle shall take its registration number and any other information displayed on the vehicle which may identify its user and shall conspicuously affixes to the vehicle a penalty assessment notice directing the driver to respond and answer the charge at a place and time specified in said notice. (a) In any prosecution charging a violation of any provision of this section,proof that the particular vehicle described in the notice was parked or stopped in violation of such provision,together with proof that the defendant named in the notice was at the time of such violation the registered owner of the vehicle,shall constitute prima facie evidence that the registered owner was the person who parked or stopped the vehicle at the time and place of the violation. (b) In addition to any other liability provided for in this Traffic Code,the owner of a motor vehicle who is engaged in the business of leasing or renting motor vehicles is liable for payment of a parking violation fine unless the owner of the leased or rented motor vehicle can furnish sufficient evidence that the vehicle was,at the time of the parking violation,in the care,custody,or control of another person. To avoid liability for payment the owner of the motor vehicle is required,within a reasonable time after notification of the parking violation,to furnish to the prosecutorial division of the appropriate jurisdiction the name and address of the person or company who leased, rented,or otherwise had the care,custody,or control of such vehicle. As a condition to avoid liability for payment of a parking violation,any person or company who leases or rents motor vehicles to another person shall attach to the leasing or rental agreement a notice stating that,pursuant to the requirements of this section,the operator of the vehicle is liable for payment of a parking violation fine incurred when the operator has the care, custody,or control of the motor vehicle. The notice shall inform the operator that the operator name and address shall be furnished to the prosecutorial division of the City when a parking violation fine is incurred by the operator. (2) If the driver or owner or owner of a motor vehicle charged with a violation of any parking or standing or stopping provision of this Traffic Code fails to respond to a penalty assessment notice affixed to such vehicle,by appearance and payment at the Office of Parking Services or Municipal Court,the clerk of the court or parking Services Office shall send another notice by mail to the registered owner of the vehicle to which the original notice was affixed,warning him that in the event such notice is disregarded for a period of twenty days from the date of mailing,the vehicle is subject to immobilization and the procedures described in Part 18 of this Traffic Code. (3) Any person charged with a parking, stopping or standing violation under this Traffic Code for which a penalty assessment notice may be issued and for which payment of a fine may be made to the Parking Services Office shall have the option of paying such fine within the date, time and at the place specified in said notice upon entering a plea of guilty and upon waiving appearance in court;or may have the option of depositing any required lawful bail,and upon a plea of not guilty shall be entitled to a trial before the Parking Services Referee. (a) Payment of a penalty assessment notice by the person to whom the notice is tendered shall constitute an acknowledgment of guilt by such person of their violation of the offense stated in such notice. 68 • (b) Payment of the prescribed fine shall be deemed a complete satisfaction for the violation, and the Parking Services Office,upon accepting the prescribed fine,shall issue a receipt to the violator acknowledging payment thereof. Checks tendered and accepted and on which payment is received shall be deemed sufficient receipt. 1210. Reserved. 1211. Limitations on backing. (1) The driver of a vehicle,whether on public property or private property which is used by the general public for parking purposes,shall not back the same unless such movement can be made with safety and without interfering with other traffic. (2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled- access highway. 1212. Parking in alleys. (1) No person shall park a vehicle within an alley except during the necessary and expeditious loading and unloading of merchandise or freight. (2) No person shall stop, stand or park a vehicle within an alley in such position as to block the driveway or entrance to any abutting property. (3) No person shall park within an alley where signs or markings prohibit such parking. 1213. Parking for certain purposes prohibited. (1) No person shall park a vehicle upon a public street or roadway for the purpose of (a) Displaying such vehicle for sale,except when the vehicle is parked in front of or adjacent to the vehicle owner's primary residence,or place of business during normal business hours. (b) Washing,greasing,painting,or repairing such vehicle,except when repairs are necessitated by an emergency. (c) Displaying advertising. (2) No vehicle shall be parked upon any street,roadway, lot or premises within the city limits for the purpose of occupancy thereof unless the same shall meet with all city sanitary and building code and occupancy of habitable building requirements. 1214. Parking certain vehicles in a residential zone prohibited (1) No motor vehicle exceeding twenty feet in length, or any trailer coach, mobile home, trailer, semi trailer,or truck tractor, or part of such vehicle,shall be parked or stored upon the street adjacent to any lot zoned R-E Estate Residential District, R-L-P Low Density Residential District, R-L-M • Low Density Multifamily District, R-M Medium Density Residential District, R-H High Density 69 Residential District, R-P Planned Residential District or R-M-P Medium Density Planned Residential District,except: (a) Commercial vehicles,when such vehicles are being expeditiously loaded or unloaded,or equipment on such vehicles is being used to perform the special operations for which it was designed, including,but not limited to,the construction,operation,removal or repair of utility or public utility property or facilities or public streets and rights-of-way; (b) Motor coaches, trailer coaches, mobile homes, or trailers when parked for period less than forty-eight hours. (c) For purposes of this section the term"trailer" shall include any type of wheeled vehicle, regardless of the use for which it is designed, which is designed to be pulled by a motor vehicle. The term "motor coach" when used in this section is defined as any wheeled motor vehicle which is a single self-contained unit, with motive powers, which is designated and generally used for occupancy by persons for residential purposes. 1215. All-night parking. No person,except physicians or other persons on emergency calls,shall park a vehicle on any street signed to prohibit all-night parking, for a period of time longer than thirty minutes between the hours of 2 a.m.and 5 a.m.of any day 1216. Standing in a passenger-loading zone. No person shall stand a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place officially marked as a passenger-loading zone during hours when the regulations applicable to such loading zone are effective and then only for a period not to exceed three minutes. 1217. Standing in freight loading zone. (1) No person shall stand a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place officially marked as a freight-loading zone during hours when the provisions applicable to such zones are in effect. (2) in no case shall the standing for loading and unloading of materials exceed thirty minutes. 1218. Permits for loading zones. Whenever special permits are issued to establish or control the use of loading zones or to allow the backing of a vehicle for the purpose of loading or unloading merchandise or materials subject to certain conditions, no pemtittee or other person shall violate any of the special terms of any such permit. 1219. Bus stops regulated. (1) The operator of a commercial or City bus shall not stand or park such vehicle upon any street at any place other than a bus stop so designated. (2) The operator of a commercial or City bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading passengers or their personal property other than at a bus stop so designated,except in case of an emergency. 70 (3) The operator of a commercial or City bus shall enter a bus stop on a public street in such a manner that the bus when stopped to load or unload passengers or personal property shall be in a position with the right front wheel of such vehicle not further than eighteen inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic. 1220. Taxicab stands regulated. (1) The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated. (2) This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other parking,standing or stopping regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers 1221, Parking meter zones. Wherever parking meter zones have been established on streets or in parking areas regulated by the City, the parking of vehicles at places, streets or parts of streets so designated shall be controlled by parking meters between the hours and on the days declared in said schedules or records and specified on authorized parking meter signs or legends. 1222. Parking meters. (1) Parking meters installed in parking meter zones established as provided in this Traffic Code shall be so designed,constructed,installed and set as to meet the following conditions: • (a) Said meters shall be capable of being operated, either automatically or mechanically, upon the deposit therein of one or more coins of United States currency or authorized tokens, for the full period of time for which parking is lawfully permitted in any such parking meter zone or,in lieu thereof, for an appropriate fractional period of time. (b) Upon the expiration of the time period registered by the deposit of one or more coins or authorized tokens as provided herein, said meters will indicate by an appropriate signal that the lawful parking meter period has expired, and during said period of time and prior to the expiration thereof,will indicate the interval of time which remains of such period. (c) Each parking meter shall bear thereon an authorized sign or message clearly legible indicating the days and hours when the requirement to deposit coins or tokens therein shall apply, the value of the coins or tokens to be deposited, and the limited period of time for which parking is lawfully permitted in the parking meter zone in which such meter is located. 1223. Parking meter spaces. (1) Parking meter spaces shall be of appropriate length and width as determined by an engineering and traffic investigation and may be designated by appropriate markings upon the curb and/or pavement of the street. (2) Every vehicle shall be parked wholly within a metered space with the front end or front portion of such vehicle immediately opposite the parking meter for such space. • (3) Except where prohibited by other provisions of this Traffic Code, a vehicle which is of a size too large to be parked within a single parking meter space shall be permitted to occupy two adjoining 71 parking meter spaces when coins or tokens shall have been deposited in the parking meter for each space so occupied as is required in this ordinance for the parking of other vehicles in such space. 1224. Deposit of coins or tokens and time limits. (1) No person shall park a vehicle in any parking space upon a street,alongside of, and next to which a parking meter has been installed during the restricted and regulated time applicable to the parking meter zone in which such meter is located unless a coin or coins of United States currency or authorized tokens of the appropriate government agency therein, or shall have been previously deposited therein for an unexpired interval of time,and said meter has been placed in operation. (2) No person shall deposit or attempt to deposit in any parking meter any slug, button, or any other device or substance as substitutes for coins of United States currency or authorized tokens, and no person shall deposit any lawful coin or authorized token that is bent, cut, tote, battered or otherwise misshapen. (3) No person shall permit a vehicle within his control to be parked in any such parking meter space during the restricted and regulated time applicable to the parking meter zone in which such meter is located while the parking meter for such space indicates by signal that the lawful parking time in such space is expired. This provision shall not apply to the act of parking or the necessary time which is required to deposit immediately thereafter a coin(s)or token(s) in such meter. (4) No person shall park a vehicle in any such parking meter space for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the parking meter zone in which such meter is located, irrespective of the number or amount of the coins or tokens deposited in such meter. (5) A vehicle may be parked in a parking meter space without operation of the meter on Sundays, on holidays as defined in this Traffic Code, and during those hours of the day when the requirement to deposit coins or tokens does not apply as determined from the parking meter sign or legend. (6) The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of this Traffic Code prohibiting or limiting the stopping, standing or parking of vehicles in specified places,at specified times,or in a specified manner. 1225. Tampering with parking meter. (1) No person shall deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter. (2) No person, firm or corporation shall place any sack or covering over, upon or around any parking meter head, remove any parking meter head, or otherwise indicate or show that the said meter is inoperative or inapplicable without proper authority to do so. 1226. Removal of chalk from tires. No person shall knowingly erase, rub oil, or otherwise remove the chalk markings used by police, community service or parking services officers to determine the length of time a particular vehicle has remained in a parking space. PART 14-OTHER OFFENSES 1401. Reckless driving. Any person who drives any motor vehicle,bicycle,or motorized bicycle in such a manner as to indicate 72 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 bicycle,electric-assisted bicycle or motorized bicycle shall not be subject to the provisions of section 42-2-127,C.R.S. 1402. Careless driving. Any person who drives any motor vehicle,bicycle,or motorized bicycle in a careless and imprudent manner,without due regard for the width,grade,curves,comers,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 bicycle or motorized bicycle shall not be subject to the provisions of section 42-2-127,C.R.S. 1403. Following fire apparatus prohibited. The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alamt. 1404. Crossing fire hose. No vehicle shall be driven over any unprotected hose of a fire department used at any fire,alarm of fire,or practice runs or laid down on any street,private driveway, or highway without the consent of the fire department official in command. 1405. Riding in trailers. (1) No person shall occupy a trailer while it is being moved upon a public highway.This section shall not apply to law enforcement or emergency services personnel in the performance of their official duties,parades,caravans,or exhibitions which are officially authorized or otherwise permitted by law. (2) The provisions of this section shall not apply to a trailer owned by the United States government or any agency or instrumentality thereof,or to a trailer owned by the state of Colorado or any of its political subdivisions,or to a privately owned trailer when operating in a governmental capacity under contract with or permit from any governmental subdivision or under permit issued by the public utilities commission of the state of Colorado,when in the performance of their duties persons are required to stand or sit on a trailer and said trailer is equipped with adequate handrails and safeguards. 1406. Foreign matter on highway prohibited. (1) (a) No person shall drop,throw or deposit upon any street or highway any glass bottle,glass, stones,nails,tacks,wire,cans,or other substance likely to injure any person,animal,or vehicle upon such highway. (b) No person shall throw,drop,or otherwise expel a lighted cigarette,cigar,match,or other burning material from a motor vehicle upon any street or highway. (2) Any person who drops,or permits to be dropped or thrown,upon any highway or structure any destructive or injurious material or lighted or burning substance shall immediately remove the same or cause it to be removed. . (3) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or 73 other injurious substance dropped upon the highway from such vehicle. (4) No person shall excavate a ditch or other aqueduct,or construct any flume or pipeline or any steam,electric,or other railway,or construct any approach to a public highway without written consent of the authority responsible for the maintenance of that highway. (5) Except as provided in subsection(6) this section,any person who violates any provision of this section commits a traffic infraction. (6) Any person who violates any provision of paragraph(b)of subsection(1)of this section is guilty of a misdemeanor,and upon conviction thereof,shall be punished in accordance with section 1-15 of the City Code. 1407. Spilling loads on highways prohibited. (1) No vehicle shall be driven or moved on any highway unless such vehicle is constructed or loaded or the load thereof securely covered to prevent any of its load from blowing,dropping,sifting, leaking,or otherwise escaping therefrom;except that material may be dropped for the purpose of securing traction or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway. (2) (a) No vehicle shall be driven or moved on any highway for a distance of more than two miles if the vehicle is transporting aggregate material with a diameter of one inch or less unless: (I) The load is covered by a tarp or other cover in a manner that prevents the aggregate material from blowing,dropping, sifting,leaking,or otherwise escaping from the vehicle. (11) The vehicle utilizes other technology that prevents the aggregate material form blowing,dropping,sifting,leaking,or otherwise escaping from the vehicle. (b) Nothing in this subsection(2)shall apply to a vehicle: (I) Operating entirely within a marked construction zone; (II) Involved in maintenance of public roads during snow or ice removal operations; (III) Involved in emergency operations when requested by a law enforcement agency or an emergency response authority designated in or pursuant to section 29-22- 102,C.R.S. (3) For the purposes of this section,"aggregate material'means any rock,clay,silts,gravel, limestone,dimension stone,marble,and shale;except that"aggregate material'does not include hot asphalt,including asphalt patching material,wet concrete,or other materials not susceptible to blowing. 1407.5 Splash guards-when required. (1) As used in this section,unless the context otherwise requires: (a) "Splash guard"means mud flaps,rubber,plastic,or fabric aprons,or other devices directly behind the rear-most wheels,designed to minimize the spray of water and other substances to the rear. 74 (b) Splash guards must,at a minimum,be wide enough to cover the full tread of the tire or tires being protected,hang perpendicular from the vehicle not more than ten inches above the surface to the street or highway when the vehicle is empty,and generally maintain their perpendicular relationship under nominal driving conditions. (2) Except as otherwise permitted in this section,no vehicle or motor vehicle shall be driven or moved on any street or highway unless the vehicle is equipped with splash guards. (3) This section does not apply to: (a) Passenger-carrying motor vehicles registered pursuant to section 42-3- 134(4),C.R.S.; (b) Trucks and truck tractors registered pursuant to section 42-3134(12)or(13),C.R.S., having an empty weight of ten thousand pounds or less; (c) Trailers equipped with fenders or utility pole trailers; (d) Vehicles while involved in chip and seal or paving operations or road widening equipment; (e) Truck tractors or converter dollies when used in combination with other vehicles; (t) Vehicles drawn by animals;or (g) Bicycles. . 1408. Operation of motor vehicles on property designated as parks,natural areas,or recreation areas under the control of or owned by the City. (1) Any park,natural area or recreation manager shall have the authority to designate areas on property owned or controlled by the City in which the operation or parking of motor vehicles shall be prohibited or restricted whether within or outside the corporate limits of the City such prohibitions or restrictions shall be clearly posted by the park,natural area or recreation manager. (2) It is unlawful for any person to operate or park a motor vehicle in any natural area,park or recreation area owned by or under the control of the City if the area manager has declared the parking or operation of motor vehicles to be prohibited or restricted in such area,as provided in subsection(1)of this section. (3) A vehicle owner's liability for violation of subsection(2)of this section pertaining to any parking restrictions shall be the same as set forth in Section 1209 of this Traffic Code. 1409. Compulsory insurance-penalty. (1) No owner of a motor vehicle 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 sections 10-4-705 and 10-4-716,C.R.S. (2) No person shall operate a motor vehicle 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 sections 10- . 4-705 and 10-4-716,C.R.S. 75 (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 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 sections 104-705 and 10-4-716,C.R.S. (4) Any person who violates the provisions of subsection(1),(2),or(3)of this section commits a violation of this Traffic Code. (5) Testimony of the failure of any owner or operator of a motor vehicle to present immediate evidence of a complying policy or certificate of self-insurance in frill force and effect as required by sections 104-705 and 104-716,C.R.S.,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 sections 10-4-705 and 10-4-716,C.R.S.,at the time of the alleged violation. 1409. Use of highways for traveling on snowmobiles,skis,toboggans,coasting sleds,skates,or similar devices. (1) No person shall use any street or highway in the City for traveling on skis,toboggans,coasting sleds,skates,in-line skates,skateboards,coasters, scooters,or similar devices,whether human or motor powered. It is unlawful for any person to use any roadway of the City as a sled or ski course for the purpose of coasting on sleds,skis,or similar devices. It is also unlawful for any person upon roller skates,in-line skates,skateboards,or riding in or by means of any,coasters, scooters,toy vehicles,or similar devices,whether human or motor powered,to go upon any roadway in the City,except while crossing a highway in a crosswalk,and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This section does not apply to any sidewalk,or public way which is set aside by proper authority as a play street and which is adequately roped off or otherwise marked for such purpose. (2) Where such use is prohibited by signs or markings,a person shall not ride or use skates,in-line skates,skateboards,coasters,scooters,toy vehicles,or similar devices,whether human or motor powered,on any sidewalk,path,trail,crosswalk,plaza area,public parking area,or any other public way or place. (3) Where such use not prohibited by official signs or markings,a person riding or using roller skates, in-line skates,skateboards coasters,scooters,toy vehicles,or similar devices,whether human or motor powered,on any sidewalk,path,trail,crosswalk,plaza area,public parking area,or any other public way or place,shall yield the right-of-way to any pedestrian and shall give an audible signal or verbal warning before overtaking and passing such pedestrian. (4) A snowmobile may be operated on streets and highways under the jurisdiction of the City only when such operation is authorized by special ordinance or addition to this Traffic Code and appropriate notice is given thereof,and then only in the manner and on such streets prescribed by such ordinance consistent with the provisions of State law.This subsection shall not apply to police and emergency services personnel in the performance of their official duties. 1410.1 Neighborhood electric vehicles. 76 . (1) Except as provided in section 424-111 (1)(aa),C.R.S.,no person shall operate a neighborhood electric vehicle on a highway. (2) No person shall operate a neighborhood electric vehicle on a limited access highway. 1410.5. Animal or animal drawn conveyances on streets or highways (I) Persons riding or leading animals on or along any highway shall ride or lead such animals on the left side of said highway, facing approaching traffic. This shall not apply to persons driving herds of animals along highways. (2) Every person riding or leading an animal or driving any animal-drawn conveyance upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Traffic Code,except those provisions of this Traffic Code which by their very nature can have no application. 1411. Use of earphones while driving. (1) No person shall operate a motor vehicle while wearing earphones. (2) For purposes of this subsection(1),'earphones"includes any headset,radio,tape player,or other similar device which provides the listener with radio programs,music,or other recorded information through a device attached to the head and which covers all of or a portion of the ears. Earphones do not include speakers or other listening devices which are built into protective headgear. 1412. Operation of bicycles,motorized bicycles and other human-powered vehicles. (1) Every person riding a bicycle,electric-assisted bicycle or motorized bicycle upon a roadway where bicycle,electric-assisted bicycle and motorized 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 which,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,electric-assisted bicycles and motorized 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 article that are applicable to bicycle,electric-assisted bicycle and motorized bicycle riders,such term shall include bicycles,electric-assisted bicycles and motorized bicycles. (a) These regulations not in conflict with the Rules and Regulations promulgated by Colorado State University pursuant to section 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 bicycle,electric-assisted bicycle or motorized bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto. (3) No bicycle,electric-assisted bicycle or motorized bicycle shall be used to cant'more persons at one time than the number for which it is designed and equipped. i (4) No person riding upon any bicycle,electric-assisted bicycle or motorized bicycle shall attach the 77 same or himself or herself to any motor vehicle upon a roadway. (5) Any person riding a bicycle,electric-assisted bicycle or motorized bicycle shall ride in the right- hand lane. When being overtaken by another vehicle,such person shall ride as close to the right- hand side as practicable. Where a paved shoulder suitable for bicycle,electric-assisted bicycle or motorized bicycle riding is present,persons operating bicycles,electric-assisted bicycles or motorized bicycles shall ride on the paved shoulder. These provisions shall apply,except under any of the following situations: (a) When overtaking and passing another bicycle or vehicle proceeding in the same direction; (b) When preparing for a left turn at an intersection or into a private road or driveway; (c) When reasonably necessary to avoid hazardous conditions,including,but not limited to, fixed or moving objects,parked or moving vehicles,pedestrians,animals,or surface hazards. (6) (a) Persons operating bicycles,electric-assisted bicycles or motorized bicycles on roadways shall ride single file;except that riding no more than two abreast is permitted in the following circumstances: (I) When there is no motor vehicle traffic approaching from the rear within a distance of three hundred feet and the sight distance on the roadway at the time and place and under the conditions then existing is a minimum of three hundred feet to the front and to the rear of the bicyclists or motorized bicyclists;or (II) When riding on paths or parts of roadways set aside for the exclusive use of bicycles. (b) Persons riding two abreast shall ride within a single lane. (7) A person operating a bicycle,electric-assisted bicycle or motorized bicycle shall keep at least one hand on the handlebars at all times. (8) (a) A person riding a bicycle,electric-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 motorized 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 comer 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 direct that a specific course be traveled and operators of bicycles, electric-assisted bicycles and motorized bicycles shall obey the directions of every such device. (9) (a) Except as otherwise provided in this subsection(9),every person riding a bicycle, 78 • electric-assisted bicycle or motorized bicycle shall signal his intention to turn or stop in accordance with the provisions of section 903. (b) A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the bicycle before turning and shall be given while the 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 motorized bicycle. (10) (a) A person riding a bicycle upon and along a sidewalk 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. (b) A person shall not ride a bicycle upon and along a sidewalk or across a roadway upon and along a crosswalk where such use of bicycles is prohibited by official traffic control devices or local ordinances. (c) A person riding or walling a 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. (d) A person riding a bicycle upon and along a sidewalk shall dismount before entering any roadway and,when crossing any such roadway, shall observe all the rules and regulations applicable to pedestrians. After dismounting,a person may ride his or her bicycle across the roadway upon and along any existing crosswalk so long as there is no official traffic control device prohibiting such use of bicycles in the crosswalk. (e) Motorized bicycles 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 bicycle operator has dismounted the motorized bicycle and is walking the motorized bicycle under human power. (11) (a) A person may park a bicycle,electric-assisted bicycle or motorized bicycle on a sidewalk unless prohibited or restricted by an official traffic control device or local ordinance. (b) A bicycle,electric-assisted bicycle or motorized bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic. (c) A bicycle,electric-assisted bicycle or motorized bicycle 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 bicycle,or motorized bicycle may be parked on the road abreast of another bicycle or bicycles,motorized bicycle,electric-assisted bicycle or 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 motorized bicycles parked anywhere on a highway shall conform to the provisions of part t l 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 mile of the right-of-way of heavily traveled streets and highways,the State Department of Transportation may,subject to the provisions of section 43-2- . 135,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 79 four hundred fifty 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 non-motorized traffic which is found to be incompatible with the normal and safe movement of traffic,and,upon such a determination,the State 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. (13) For the sake of uniformity of bicycle,electric-assisted bicycle,and motorized bicycle safety rules throughout the state,the State Department of Revenue in cooperation with the State Department of Transportation shall prepare and make available to all local jurisdictions for distribution to bicycle, electric-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 motorized bicycles.The City Traffic Engineer may supplement this digest with a leaflet describing any additional regulations of a local nature that are applicable 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. 1413. Obedience to police officers-eluding. (1) No person shall willfully fail or refuse to comply with any lawful order or direction of any peace officer or emergency services personnel who is invested by the law with authority to direct, control,or regulate traffic. (2) Any operator of a motor vehicle who the officer has reasonable grounds to believe has violated a state law or local ordinance, who has received a visual or audible signal such as a red light or a siren from a police officer driving a marked,unmarked,or other authorized emergency vehicle directing the operator to bring the operator's vehicle to a stop,and who willfully increases his or her speed or extinguishes his lights in an attempt to elude such police officer,or willfully attempts in any other manner to elude the police officer,or does elude such police officer commits a traffic offense. 1413.5. Authority of police and emergency services personnel. (1) It shall be the duty of the Office of Police Services and such officers as are assigned by the chief of police, to enforce all street traffic regulations of the City and all of the state laws applicable to street and highway traffic in the City. (2) Police Services officers,or such special officers as are assigned by the chief of police, are hereby authorized to direct all traffic by voice, hand, or signal in conformance with state traffic laws and the traffic ordinances of the City, provided that, in the event of fire or other emergency or to expedite traffic or to safeguard pedestrians, such officers and emergency services personnel as are assigned, may direct traffic at or in the immediate vicinity as conditions may require notwithstanding the provisions of the state traffic laws and the provisions of this Traffic Code. 1414. Moving construction related equipment. Pursuant to section 42-4-202(4),C.R.S.,each exempt vehicle,motor vehicle, trailer,or item of mobile 80 • machinery,or self-propelled construction equipment,or similar implement of equipment,used in any type of construction business may be moved on the roads,streets,and highways during daylight hours and at such time as vision is not less than five hundred feet. No cargo or supplies shall be hauled upon such exempt item except cargo and supplies used in normal operation of any such item 1415. Use of dyed fuel on highways prohibited. No person shall operate a motor vehicle upon any highway of this state using diesel fuel dyed to show that no taxes have been collected on the fuel. PART 15—MOTORCYCLES OR MOTOR DRIVEN CYCLES 1501. Traffic laws apply to persons operating motorcycles or motor driven cycles-special permits. (1) Every person operating a motorcycle or motor driven cycle 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 State Department of Transportation or the City of Fort Collins Transportation Authority may grant a special pemut exempting the operation of a motorcycle or motor driven cycle or motor driven cycle from any requirement of this part 15. 1502. Riding on motorcycles or motor driven cycles. . (1) A person operating a motorcycle or motor driven cycle shall ride only upon the permanent and regular seat attached thereto,and such operator shall not carry any other person nor shall any other person ride on a motorcycle or motor driven cycle unless such motorcycle or motor driven cycle is designed to carry more than one person,in which event a passenger may ride upon the permanent seat if designed for two 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 motor driven cycle only while sitting astride the seat, facing forward,with one leg on either side of the motorcycle or motor driven cycle. (3) No person shall operate a motorcycle or motor driven cycle 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 or motor driven cycle or the view of the operator. 1503. Operating motorcycles or motor driven cycles on roadways laned for traffic. (1) All motorcycles or motor driven cycles 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 motor driven cycle of the full use of a traffic lane. This subsection(1)shall not apply to motorcycles or motor driven cycles operated two abreast in a single lane. (2) The operator of a motorcycle or motor driven cycle shall not overtake or pass in the same lane occupied by the vehicle being overtaken. . (3) No person shall operate a motorcycle or motor driven cycle between lanes of traffic or between 81 adjacent lines or rows of vehicles. (4) Motorcycles or motor driven cycles shall not be operated more than two 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. 1504. Clinging to other vehicles. No person riding upon a motorcycle or motor driven cycle shall attach himself or herself or the motorcycle or motor driven cycle to any other vehicle on a roadway. 1505. Funeral processions. (1) Vehicles participating in a funeral procession shall be identified by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be required by the traffic or police authority of the City. Vehicles participating in the funeral procession shall operate with the low headlight beams of each vehicle on. (2) Each driver in a funeral procession shall drive as near to the right hand edge of the roadway as practicable and shall follow the vehicle ahead as close as is practicable and safe. Each driver in a funeral procession shall obey all traffic control devices encountered along the procession route, unless escorted by authorized emergency vehicles. (3) No driver of a vehicle shall drive between the vehicles comprising a funeral procession while said vehicles are in motion and when said vehicles are conspicuously designated as required in this ordinance. This provision shall not apply at intersections where traffic is controlled by signals or police officers. (4) Funeral escort vehicles must be designated as an authorized emergency vehicle in accordance with section 42A-108(5),CRS., and equipped in accordance with sections 42-4-213(1)and(2)CRS. (5) A minimum of two escort vehicles shall be used at all times to escort a funeral procession. (6) Escort vehicles shall be granted exceptions to the sections of this Traffic Code as they pertain to speed regulations and obedience to traffic control devices while in the performance of their duties. The exceptions granted herein shall not relieve the driver of an escort vehicle from the duty to drive with due regard for the safety of all persons and property, nor shall such exceptions protect the driver, associated funeral business, or escort business from the consequences of such driver's disregard for the safety of others and other's property. (a) Exception to part 11 Speed Regulations, section 1101; No driver of an escort vehicle shall drive a vehicle on a street or highway within the City at a speed greater than is reasonable and prudent under the conditions existing,and in no event greater than a speed of ten miles per hour over the posted speed limit. (b) Exception to part 6 Signal, Signs, and Markings, section 603; The driver of an escort vehicle may disobey the instructions of any official traffic control device including any official hand signal device placed or displayed in accordance with the provisions of this Traffic Code only while using appropriate emergency equipment and upon the exercise of due care and good judgment. 82 PART 16—ACCIDENTS AND ACCIDENT REPORTS 1601. Investigation of traffic accidents It shall be the duty of the Office of Police Services to investigate traffic accidents occurring within the City either by investigation at the time of or at the scene of the accident or thereafter by interviewing participants or witnesses, to issue summons and complaints or penalty assessment notices for traffic violations in connection with traffic accidents, and to assist in the prosecution of those persons charged with violations of law or ordinance causing or contributing to accidents. 1602. Traffic accident reports (1) The Office of Police Services shall obtain from the State Department of Revenue standard forms for accident reports required by state law,and thereon shall report sufficiently detailed information to disclose with reference to a traffic accident which has been investigated by said police or concerning which said police have received notification the contributing circumstances,conditions then existing,and the persons and vehicles involved. (2) The Office of Police Services may require any driver of a vehicle involved in an accident of which written report must be given as provided by law to give additional information concerning said accident whenever the information originally obtained is insufficient in the opinion of said services and may require witnesses of accidents to give information concerning the accident. (3) The Office of Police Services shall maintain a suitable system of filing copies of investigators' traffic accident reports with reference to drivers and accident locations and shall make such reports available to the traffic engineer and other officials having use of the records for accident . prevention purposes. 1603. Authority of officer at scene of accidents. A police officer or community service officer at the scene of a traffic accident may issue a written summons and complaint or penalty assessment notice,as provided in part 17 Traffic Code to any driver of a vehicle involved in the accident when, based upon personal investigation, the officer has reasonable and probable grounds to believe that a person has committed any offense under the provisions of this Traffic Code or pursuant to state law in connection with the accident. 1604. Traffic accident studies Whenever the accidents at any particular location or along any particular location or along any particular street or highway within the City become numerous, the office of police services shall cooperate with the traffic engineer or other designated official responsible for traffic operations in conducting studies of such accidents and determining remedial or corrective measures. PART 17-PENALTIES AND PROCEDURE 1701. Traffic offenses classified. (1) It is a misdemeanor traffic offense for any person to violate any provision of the Traffic Code except as provided in Section 1-15 of the City Code. (2) The Municipal Court shall designate the specified traffic offenses or infractions under this Traffic Code and ordinances of the City and the State traffic laws with respect to which payments of fines may be accepted by the Municipal Court Clerk's Office or other designated office in satisfaction 83 thereof,and shall specify by suitable schedules the amount of such fines for first,second,and subsequent offenses,provided such fines are within the limits declared by law,and shall further specify what type and number of offenses shall require mandatory appearance before the court. (3) Fines and costs shall be paid to,receipted by,and accounted for by the Municipal Court Clerk's Office clerk or other designated office or person. 1702. Municipal Court Clerk's Office (1) The Municipal Court judge may establish an office, policies and procedures to assist the court with the clerical work of traffic cases. (2) The Municipal Court Clerk's Office may be in charge of such person or persons as the court may designate to handle traffic cases and shall be open on such days excluding Saturdays, Sundays and holidays and at such hours as may be established by the court. (3) The following duties are hereby imposed upon the head and personnel of the Municipal Court Clerk's Office in reference to traffic offenses: (a) They shall accept designated fines, issue receipts, and present to the court the written evidence of the guilty pleas and waivers of appearance of violators who have requested and are permitted to so plead. (b) They shall receive and issue receipts for bail from persons who must, or wish to be heard in court, enter the time of their appearance on the court docket, and notify the arresting officer and witnesses,if any,to be present. (c) They shall,in behalf of the court,forward to the State Department of Revenue as required by 42-2-121 C.R.S. 1973 as amended, a record of the conviction of any person in said court for a violation of any of the traffic ordinances of the City or any of the traffic laws of this State subject to the point system schedule provided by law. (d) They shall keep an easily accessible record of all violations of which each person has been guilty during the preceding thirty-six months, whether such guilt was established in court or by pleas of guilty and payment of fine at the Municipal Court Clerk's Office. (4) The Municipal Court Clerk's Office shall keep records and submit summarized monthly records and reports to the judge of all notices issued and arrests made for violations of this Traffic Code, and of all fines collected by the Municipal Court Clerk's Office or the court,and of the final disposition or present status of every case of violation of the provisions of said laws and ordinances.Said records shall be maintained to show all types of violations and the totals for each. (5) The Municipal Court Clerk's Office shall follow such procedures and perform such duties as may be prescribed by this Traffic Code as may be required by any laws or regulations of the State of Colorado. 1703. Parties to a crime. Every person who commits,conspires to commit,or aids or abets in the commission of any act declared in Us Traffic Code to be a traffic offense,whether individually or in connection with one or more other persons or as principal,agent,or accessory,is guilty of such offense or liable for such offense,and every person who falsely,fraudulently, forcibly,or willfully induces,causes,coerces,requires,permits,or directs another to violate any provision of this Traffic Code is likewise guilty of such offense or liable for such offense. 84 1704. Offenses by persons controlling vehicles. It is unlawful for the owner or any other person employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of such vehicle upon a street or highway in the City in any manner contrary to law or this Traffic Code. 1705. Person arrested to be taken before the proper court. (1) Whenever a person is arrested for any violation of this Traffic Code,the arrested person shall be taken without unnecessary delay before a municipal judge who has jurisdiction of such offense as provided by law,in any of the following cases: (a) When a person arrested demands an appearance without unnecessary delay before a judge; (b) When the person is arrested and charged with an offense under this Traffic Code causing or contributing to an accident resulting in injury to any person; (c) When the person is arrested upon a charge of failure to stop in the event of an accident causing personal injuries,or damage to property; (d) Reckless driving; (e) Exceeding the speed limit by more than nineteen miles per hour; (f) Exhibition of speed or speed contest. . (g) In any other event when the provisions of this part 17 apply and the person arrested refuses to give his written promise to appear in court as provided in section 1707. (2) Whenever any person is arrested by a police officer for any violation of this Traffic Code and is not required to be taken before a municipal judge as provided in subsection(1)of this section,the arrested person shall,in the discretion of the officer,either be given a written notice or summons to appear in court as provided in section 1707 or be taken without unnecessary delay before a municipal judge who has jurisdiction of such offense when the arrested person does not furnish satisfactory evidence of identity or when the officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court. The court shall provide a bail bond schedule and available personnel to accept adequate security for such bail bonds. 1706. Juveniles-convicted-arrested and incarcerated provisions for confinement. Pursuant to 13-10-113(5),C.R.S.,and notwithstanding any other provision of law,a child,as defined in section 19-1-103(18),C.R.S.,arrested for an alleged violation of the City Code or this Traffic Code, convicted of violating provision of the City Code or this Traffic Code or probation conditions imposed by a municipal court,or found in contempt of court in connection with a violation or alleged violation court,or found in contempt of court in connection with a violation or alleged violation of the city Code or this Traffic Code ordinance shall not be confined in a jail, lockup,or other place used for the confinement of adult offenders but may be held in a juvenile detention facility operated by or under contract with the department of human services or a temporary holding facility operated by or under contract with the City that shall receive and provide care for such child. The municipal court imposing penalties for violation of probation conditions imposed by such court or for contempt of court in connection with a violation or alleged violation of a municipal ordinance may confine a child pursuant to section 19-2-508,CA-S., for up to forty-eight hours in a juvenile detention facility operated by or under contract with the department of human services. In imposing any jail sentence upon a juvenile for violating any municipal ordinance when the municipal court has jurisdiction over the juvenile pursuant to section 19-2-104(1)(a)(II),C.R.S.,a 85 municipal court does not have the authority to order a child under eighteen years of age to a juvenile detention facility operated or contracted by the department of human services. 1707. Summons and complaint and penalty assessment notice for traffic offenses. (1) Whenever a person commits a violation of this Traffic Code other than a violation for which a penalty assessment notice may be issued in accordance with the provisions of section 1701, 1702, Colorado Rules for Magistrates and C.M.C.R.,and such person is not required by the,provisions of section 1705 to be arrested and taken without unnecessary delay before a municipal judge,the peace officer may issue and serve upon the defendant a summons and complaint which shall contain 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,a citation of the Traffic Code Section alleged to have been violated,a brief description of the offense,the date and approximate location thereof,and the date the summons and complaint is served on the defendant;shall direct the defendant to appear in a specified municipal court at a specified date,time and place;shall be signed by the peace officer;and shall contain a place for the defendant to execute a written promise to appear at the date,time and place specified in the summons portion of the summons and complaint. (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 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 thirty days after the date such summons and complaint is served,unless the defendant shall demand through the municipal court an earlier court appearance date. (b) The place specified in the summons portion of said summons and complaint or of the penalty assessment notice must be the Fort Collins Municipal Court. (c) If the defendant is otherwise eligible to be issued a summons and complaint or a penalty assessment notice for a violation of this Traffic Code punishable as a traffic offense and does not possess a valid Colorado driver's license,the defendant,in order to secure release,as provided in this section,must either consent to be taken by the officer to the nearest mailbox and to mail the amount of the penalty thereon to the clerk of the court or must execute a promise to appear in court on the penalty assessment notice or on the summons and complaint. If the defendant does possess a valid Colorado driver's license and the driver's license number is recorded on the summons or complaint,the defendant shall not be required to execute a promise to appear on the penalty assessment notice or on the summons and complaint. (6) (a) Whenever a penalty assessment notice for a traffic offense is issued pursuant to section 1701 or 1702,the penalty assessment notice which shall be served upon the defendant by the peace officer shall contain 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,a citation of the Traffic Code alleged to have been violated,a brief description of the offense,the date and approximate location thereof,the amount of the penalty prescribed 86 for such traffic offense,the number of points,if any,prescribed for such offense pursuant to section 42-2-127,C.R.S.,and the date the penalty assessment notice is served on the defendant;shall direct the defendant to appear in Municipal Court at a specified date, time and place in the event such penalty thereon are not paid;shall be signed by the peace officer;and shall contain a place for such defendant to elect to execute a signed acknowledgment of guilt and an agreement to pay the penalty prescribed thereon within fourteen days,as well as such other information as may be required by ordinance and court rules to constitute such penalty assessment notice to be a summons and complaint, should the prescribed penalty thereon not be paid within the time allowed by ordinance or court order. (b) One copy of said penalty assessment notice shall be served upon the defendant byt peace officer and one copy sent to the clerk of the municipal court. �..• (c) The time specified in the summons portion of said penalty assessment notice must be at least thirty days but not more than ninety days after the date such penalty assessment notice is served,unless the defendant shall demand an earlier hearing. (d) The place specified in the summons portion of said penalty assessment notice must be Fort Collins Municipal Court. (e) Whenever the defendant refuses to accept service of the penalty assessment notice,tender of such notice by the peace officer to the defendant shall constitute service thereof upon the defendant. (7) It shall be unlawful for any person to cancel or solicit the cancellation of any traffic summons and complaint or penalty assessment notice in any manner other than by process of law. . 1708. Burden of proof-appeals. (1) The burden of proof shall be upon the prosecution,and the court shall enter judgment in favor of the defendant unless the people prove the liability of the defendant beyond a reasonable doubt. (2) Appeals from the Municipal Court shall be in accordance with Rule 37 of the Colorado Rules of Criminal Procedure. 1709. When a person may elect to appear at Municipal Court Clerk's Office or before the court. (1) Any person charged with an offense or violation under this Traffic Code for which a penalty assessment notice may be issued and for which payment of a fine may be made to the Municipal Court Clerk's Office shall have the option of paying such fine within the date, time and at the place specified in said notice upon entering a plea of guilty and upon waiving appearance in court; or may have the option of depositing any required lawful bail, and upon a plea of not guilty shall be entitled to a trial as authorized by law. (2) Payment of a penalty assessment notice by the person to whom the notice is tendered shall constitute an acknowledgment of guilt by such person of their violation of the offense stated in such notice. (3) The penalty assessment notice or the officer shall advise the person to whom the penalty assessment notice is tendered of the number of points to be assessed for the offense stated in such notice. • (4) Payment of the prescribed fine shall be deemed a complete satisfaction for the violation,and said Municipal Court Clerk's Office upon accepting the prescribed fine,shall issue a receipt to the 87 violator acknowledging payment thereof. Checks tendered and accepted and on which payment is received shall be deemed sufficient receipt. 1710. Failure to pay penalty-procedures. (1) Unless a person who has been cited for a traffic infraction pays the penalty,such person shall appear at a hearing on the date and time specified in the citation and answer the complaint against such person. (2) If the violator answers that he is guilty or if the violator fails to appear for the hearing,judgment shall be entered against the violator. .ow (3) If the violator denies the allegations in the complaint,a final hearing on the complaint shall be held subject to the provisions regarding a speedy trial contained in section 18-1405,C.R.S.If the violator is found guilty or liable at such final hearing or if the violator fails to appear for a final hearing,judgment shall be entered against the violator. (4) If judgment is entered against a violator,the violator shall be assessed an appropriate penalty. If the violator had been cited by a penalty assessment notice,the penalty shall be assessed pursuant to section 1701 or 1702. If a penalty assessment notice is prohibited by section 1705(1),the penalty shall be assessed pursuant to section 1701. 1711. Compliance with promise to appear. A written promise to appear in court may be complied with by an appearance by counsel. 1712. Procedure prescribed not exclusive. The foregoing provisions of this Traffic Code shall govern all police officers in making arrests without a warrant or issuing citations for violations of this Traffic Code,for offenses or infractions committed in their presence,but the procedure prescribed in this Traffic Code shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense or infraction of like grade. 1713. Reserved. 1714. Reserved. 1715. Convictions,judgments,and charges recorded-public inspection. (1) The Municipal Court Clerk shall keep a full record of every case in which a person is charged with any violation of this Traffic Code or any other law regulating the operation of vehicles on highways for the period of time prescribed by the records retention schedule of the State Archivist. (2) Within ten days after the entry of a judgment,conviction,or forfeiture of bail of a person upon a charge of violating any provision of this Traffic Code or other law regulating the operation of vehicles on highways,the judge or clerk of the shall prepare and immediately forward to the motor vehicle division of the State Department of Revenue an abstract of the record of said court covering every case in which said person had a judgment entered against him or her,was so convicted,or forfeited bail,which abstract must be certified by the person so required to prepare the same to be true and correct. (3) Said abstract must be made upon a form furnished by the State Department of Revenue and shall include the name,address,and driver's license number of the party charged,the registration 88 . number of the vehicle involved,the nature of the offense,the date of hearing,the plea,the judgment or whether bail forfeited,and the amount of the fine or forfeiture as the case may be. 1716. Notice to appear or pay fine; failure to comply (1) For the purposes of this part 17, tender by an arresting officer of the summons and complaint or penalty assessment notice to the violator shall constitute notice to the violator to appear in court at the time specified on such summons or to pay the required fine thereon. (2) In the event the form of summons and complaint or penalty assessment notice,provided under Part 17 includes information and is swom to as required under the general laws of this State in respect to a complaint charging commission of the offense alleged in said summons and complaint or penalty assessment notice to have been committed,then such summons and complaint or penalty assessment notice when filed with a court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution under this Traffic Code. (3) In the event any person fails to comply with the summons and complaint or penalty assessment notice given to such person,or fails to respond to a summons and complaint for a misdemeanor traffic violation directing a mandatory appearance in the municipal court or at the Municipal Court Clerk's Office,the clerk,at the direction of the municipal judge for the court,shall forth with have a complaint issued against such person and shall issue and have served a warrant for his or her arrest. PART 18-TOWING AND STORAGE 1801. Authority to impound and immobilize. _ • (1) Definitions. As used in this section: (a) Abandoned vehicle means: I. Any vehicle left unattended on private property for a period of twenty-four hours or longer without the consent of the owner or lessee of such property or owner's or lessee's legally authorized agent; II. Any vehicle left unattended on public property, including any portion of a street or highway right-of-way, within the City for a period of forty-eight hours or longer;or 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 section 42-3-133,C.R.S.,except as provided for in section 42-3-128,C.R.S.;or IV. Any vehicle left unattended on public property, including any portion of a street or highway right-of-way, within the City that is in an inoperable condition. A vehicle shall be deemed to be in an "inoperable condition" if it is junked, wrecked, wholly or partially dismantled, missing essential parts or unable to perform the functions or purposes for which it was originally manufactured. (2) No person shall abandon any vehicle upon public property or upon private property other than his or her own. Abandoned vehicles may be towed and impounded in accordance with the provisions • of Title 42,Article 4,Part 18 and part 21,C.R.S.. 89 (3) Whenever any police officer, community service officer or parking service personnel finds a vehicle, attended or unattended, standing upon any portion of a street or highway right-of-way within the City in such a manner as to constitute a violation of this Traffic Code, such officer is authorized to cause the vehicle to be moved to eliminate any such obstruction or to tow and impound the vehicle in accordance with the provisions of Title 42, Article 4, Part 18 and part 21, C.R.S. (4) If the owner of a vehicle does not respond to a notice sent to him or her by the Clerk of the Court or Municipal Court Clerk's Office pursuant to this Traffic Code and any parking services' personnel,community service officer or police officer fords such vehicle standing upon any portion of a street or highway right-of-way or other public property within the City,then such officer authorized to immobilize such vehicle by installing on or attaching to such vehicle a device designed to restrict the normal movement of the vehicle,provided that such personnel or officer shall attach to the vehicle a notice advising the owner,driver or person in charge of the vehicle that the vehicle was immobilized due to the failure to respond to a notice regarding illegal parking and that release from such immobilization may be obtained contacting the Office of Parking Services or Office of Police Services and arranging for payment of all fines or other penalties applicable to such vehicle,including the charge established for immobilizing the vehicle and arranging for a trial before the Parking Services Referee. (5) No vehicle which has been immobilized pursuant to this section shall be moved by any person without first obtaining a release from such immobilization from the Office of Parking Services, nor shall any person deface,injure,tamper with,or open or willfully break,destroy or impair the usefulness of any immobilization device attached to a vehicle pursuant to this section or remove or attempt to remove said device from such vehicle. 1802. Storage and disposal of abandoned and illegally parked vehicles. Vehicles removed from public or private property within the City and placed in storage as provided in this Traffic Code shall be stored and disposed of in accordance with the provisions of section 424- 1801 et seq., and 42-4-2100 et seq.,C.R.S. PART 19-SCHOOL BUSES 1901. School buses-equipped with supplementary brake retarders. (1) (a) On and after July 1, 1991,except as provided in paragraph(a)of subsection(2)of this section,passengers of any school bus being used on mountainous terrain by any school district of the state shall not occupy the front row of seats and any seats located next to the emergency doors of such school bus during the period of such use. (b) For purposes of this section,mountainous terrain shall include,but shall not be limited to, any road or street which the State Department of Transportation has designated as being located on mountainous terrain. (2) (a) The provisions of paragraph(a)of subsection(1)of this section shall not apply to: (1) Passengers of any school bus which is equipped with retarders of appropriate capacity for purposes of supplementing any service brake systems of such school bus;or (II) Any passenger who is adequately restrained in a fixed position pursuant to federal and state standards. (3) For purposes of this section and section 1902: 90 (a) "Mountainous terrain"means that condition where longitudinal and transverse changes in the elevation of the ground with respect to a road or street are abrupt and where benching and side hill excavation are frequently required to obtain acceptable horizontal and vertical alignment. (b) "School bus"means any bus used to transport students to and from school or a school- sponsored activity,whether said activity occurs within or without the territorial limits of any district and whether or not occurring during school hours. 1902. School bus drivers-special training required. On and after July 1, 1992, the driver of any school bus, as defined in section 1901 (3) (b), owned or operated by or for any school district in this state shall have successfully completed training, approved by the department of education,concerning driving on mountainous terrain, as defined in section 1901 (3)(a), and driving in adverse weather conditions. 1903. School buses-stops-signs-passing. (1) The driver of a vehicle upon any highway,road,or street,upon meeting or overtaking from either direction any school bus which has stopped,shall stop his vehicle before reaching such school bus if there are in operation on said school bus visual signal lights as specified in subsection(2)of this section, and said driver shall not proceed until the visual signal lights are no longer being actuated; but,in the case of small passenger-type vehicles operated as school buses having a seating capacity of not more than fifteen,no such visual signal lights need be displayed or actuated. • (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,used for the transportation of school children shall: (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 inches in height;and (II) Display eight visual signal lights,which shall be two alternating flashing red lights visible to the drivers of vehicles approaching from the front of said bus, and two alternating flashing red lights visible to the drivers of vehicles approaching from the rear of said bus,and four visual signal lights mounted near each of the four red lights and at the same level but closer to the vertical center line of the bus and which shall be alternately flashing with two visible to the front and two visible to the rear. These visual signal lights shall be mounted as high as practicable,shall be as widely spaced laterally as practicable,and shall be located on the same level. These lights shall have sufficient intensity to be visible at five hundred feet in normal sunlight. (b) (1) When a school bus is equipped only with red visual signal lights,they shall be actuated by the driver of said school bus whenever such vehicle is stopped for the purpose of receiving or discharging schoolchildren and at no other time;but such lights need not be actuated when any said school bus is stopped at locations where the local traffic regulatory authority has by prior written designation declared such actuation unnecessary. (II) A school bus shall be exempt from the provisions of subparagraph(1)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 91 required to cross the roadway. Such buses shall stop as far to the right of the roadway as possible to reduce obstruction to traffic. (c) The alternating flashing yellow lights shall be actuated at least two hundred 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. (3) Every school bus used for the transportation of schoolchildren,except those small passenger-type vehicles described in subsection(1)of this section shall be equipped with a stop signal arm mounted outside the bus on the left,alongside the driver and below the window. The stop signal arm shall be a flat octagon with the word"STOP"printed on both sides in such a manner as to be easily visible to persons approaching from either direction. The stop signal arm shall contain two alternately flashing red lams which are connected to the alternating flashing signal light system described in subsection(2)of this section, and the stop signal arm shall be extended only when the red visual signal lights are in operation. (4) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway. For the purposes of this section,"highway with separate roadways"means a highway that is divided into two or more roadways by a depressed,raised,or painted median or other intervening space serving as a clearly indicated dividing section or island. (5) Every school bus shall stop as far to the right off the highway,road,or street as possible before discharging or loading passengers;except that the school bus may block the lane of traffic when a passenger being received or discharged is required to cross the roadway. When possible,a school bus shall not stop where the visibility is obscured for a distance of two hundred feet either way from the bus. The driver of a school bus which has stopped shall allow time for any vehicles which have stopped behind the school bus to pass the school bus, if such passing is legally permissible where the school bus is stopped,after the visual signal lights, if any,are no longer being displayed or actuated and after all children who have embarked or disembarked from the bus are safe from traffic. (6) The provisions of this section shall not apply in the case of public transportation programs for pupil transportation under section 22-51-104(1)(c),C.R.S. 1904. Reserved. PART 20—DEFINITIONS 2001. Meaning of certain words and phrases. (1) When used in this Traffic Code the words and phrases defined in this article shall for the purpose of this Traffic Code have the meanings respectively ascribed to them herein. (2) Whenever any words and phrases used in this Traffic Code are not defined herein but are defined in section 42-1-102,C.R.S.,or other State laws regulating the operation of vehicles,any such definition therein shall be deemed to apply to such words and phrases used in this Traffic Code. 2002. Definitions. As used in this Traffic Code,unless the context otherwise requires: 92 (1) Accident. Any event that results in unintended injury, either fatal or nonfatal, or any property damage attributable directly or indirectly to the motion of a motor vehicle or its load. (2) Authorized emergency vehicle. Such vehicles of the fire services, police vehicles, ambulances, and other special-purpose vehicles as are publicly owned and operated by or for a governmental agency to protect and preserve life and property in accordance with State laws regulating emergency vehicles, and such privately owned vehicles as are designated by the State Motor Vehicle Licensing Agency, necessary to the preservation of life and property, which are to be equipped and to operate as emergency vehicles in the manner prescribed by state law. (3) Authorized service vehicle. Such highway or traffic maintenance vehicles as are publicly owned and operated on a highway by or for a governmental agency, the function of which requires the use of service vehicle warning lights as prescribed by state law, and such other vehicles having a public service function, including, but not limited to, public utility vehicles and tow trucks, as determined by the State Department of Highways. Some vehicles may be designated as both an authorized emergency vehicle and an authorized service vehicle. (4) Automobile. Any motor vehicle. (5) Bicycle. Every vehicle propelled solely by human power applied to pedals upon which any person may ride,having two tandem wheels or two parallel wheels and one forward wheel,all of which are more than fourteen inches in diameter. (6) Bus. Every motor vehicle designed for carrying more than ten(10) passengers and used for the transportation of persons;and every motor vehicle, other than a taxicab,designed and used for the transportation of persons for compensation. (7) Bus stand or stop. A designated area adjacent to a curb or edge of the roadway assigned for the use of buses during the loading or unloading of passengers. (8) Commercial vehicle. Every vehicle designed, maintained or used primarily for the transportation of persons or property over the public streets or highways for profit, hire, or otherwise in any business or commercial enterprise. (9) Driver. Every person who drives or is in actual physical control of a vehicle. (10) Electric-assisted bicycle. A vehicle that is designed to be operated on the ground on wheels,has a seat or saddle for use of the rider,is designed with not more that three(3)wheels in contact with the ground,is equipped and a battery-powered electric helper motor having a capacity of not more than one thousand(1,000)watts continuous input power rating,which motor is capable of propelling the bicycle at no more than twenty(20)miles per hour on level pavement,has two(2) fully operative pedals for human propulsion that can act independently of the motor and is not a motorized bicycle within the meaning of subsection(15)of this section. (11) Farm tractor. Every motor vehicle designed and used primarily as a farm implement for drawing plows,mowing machines,and other implements of husbandry. (12) Implement of husbandry. Every vehicle, which is designed for agricultural purposes. It also includes equipment used solely for the application of liquid, gaseous, and dry fertilizers. Transportation of fertilizer, in or on the equipment used for its application, shall be deemed a part of the application if it is incidental to such application. It also includes hay balers, hay stacking • equipment, combines, tillage and harvesting equipment,and other heavy movable farm equipment primarily used on farms and not on the highways. Trailers specially designed to move such 93 equipment on highways shall, for the purposes of size, weight and load requirements be considered as component parts of such implements of husbandry. (13) Motor vehicle. Any self-propelled vehicle which is designed primarily or travel on the public highways and which is generally and commonly used to transport persons and property over the public highways,but the term does not include motorized bicycles as defined in subsection(15)of this section,wheelchairs as defined by subsection(41)of this section,or vehicles moved solely by human power. For purposes of the offenses described in Section42-4-1401, 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 wheels in contact with the ground,except any vehicle as may be included within the term"farm tractor" as herein defined and except a motorized bicycle as defined in subsection(15)of this section. (15) Motor-driven cycle. Every motorcycle, including every motor scooter, with a motor which produces not to exceed six brake horsepower and every bicycle with motor attached,but not trail bikes,mini-bikes,go-carts,golf carts,and similar vehicles which are not designed for or approved by the Department of Transportation for use on the public roads or highways and not motorized bicycles as defined in subsection(15)of this section. (16) Motorized bicycle. Every vehicle having two or three wheels, a cylinder capacity not exceeding fifty c.c., and automatic transmission which produces a maximum design speed of not more than thirty miles per hour on a flat surface. (17) Motor scooter and motor bicycle. Every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term "farm tractor" as defined in this section and any motorized bicycle as define in subsection(15) of this section,which motor vehicle is powered by an engine of not to exceed six brake horsepower. (18) Owner. A person who holds the legal title of a vehicle; or, in the event a vehicle is the subject of any agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with the immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner, or parties otherwise having lawful use or control or the right to use or control a vehicle for a period of thirty days or more. (19) Park or parking. The standing of a vehicle, whether occupied or not, otherwise than very briefly for the purpose of and while actually engaged in loading or unloading property or passengers. (20) Pedestrian. Any person afoot or any person using a wheelchair. (21) Person. Every natural person,furn,co-partnership,association,or corporation. (22) Police officer. Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (23) Railroad. A carrier of persons or property upon cars, other than streetcars, operated on stationary rails. (24) Railroad train. A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails,except streetcars. (25) Right-of-way. The right of one vehicle operator or pedestrian to proceed in a lawful manner in preference to another vehicle operator or pedestrian approaching under such circumstances of 94 direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. (26) Road machinery. Those vehicles, self-propelled or otherwise, which are not designed primarily for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons but which have been redesigned or modified by the mounting thereon of special equipment or machinery, and which may be only incidentally operated or moved over the public highways. This definition includes but is not limited to wheeled vehicles commonly used in the construction,maintenance and repair of roadways and the digging of ditches. (27) Road tractor. Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load hereon either independently or any part of the weight of a vehicle or load so drawn. (28) School bus. Every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or any school sponsored activity or privately owned and operated for compensation, but not including informal or intermittent arrangements such as sharing of actual gasoline expense or participation in a car pool, for the transportation of children to or from school or any school sponsored activity. (29) Semi trailer. Any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck tractor so that some part of its own weight and that of its cargo load rests upon or is carved by such truck tractor, and which is generally and commonly used to carry and transport property over the public highways. (30) Snowmobile. A self-propelled vehicle primarily designed for travel on snow or ice,and supported in part by skis,belts,or cleats. (31) Snowplow. Any vehicle originally designed for highway snow and ice removal or control or subsequently adapted for such purposes, which is operated by or for the State of Colorado or any political subdivision thereof. (32) Stand or standing. The halting of a vehicle, whether occupied or not, other than momentarily for the purpose of and while actually engaged in receiving or discharging passengers. (33) Stop or stopping. When prohibited means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of police officer,emergency services personnel,or official traffic control device. (34) Taxi and taxicab. A licensed public motor vehicle for hire designed and constructed to seat not more than ten persons and operating as a common carver on call or demand. (35) Taxi-taxicab stand. A designated area adjacent to the curb set aside and assigned for taxicabs to stand or wait for passengers. (36) Traffic. Pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any street or highway for the purpose of travel. (37) Trailer. Any wheeled vehicle, without motive power having an empty weight of more than two thousand pounds, which is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure and which is generally and commonly used to carry and transport property over the public highways. (38) Trailer coach, motor coach, or mobile home. Any wheeled vehicle which is a single self- contained unit, with or without motive power, which is designed and generally and commonly 95 used for occupancy by persons for residential purposes, in either temporary or permanent locations, and which may occasionally be drawn or driven over the public highways by a motor vehicle or self propelled. (39) Truck Any motor vehicle equipped with a body designed to carry property and which is generally and commonly used to carry and transport property over the public highways. (40) Truck tractor. Any motor vehicle,which is generally and commonly designed and used to draw a semi trailer and its cargo load over the public highways. (41) Vehicle. Any device which is capable of moving itself,or being moved,from place to place upon wheels or endless tracks; `Vehicle' includes any bicycle, electric-assisted bicycle or motorized bicycle,but such term does not include any wheelchair as defined in section(41)of this section,or any 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 moved by muscular power(except for a bicycle,electric-assisted bicycle or motorized bicycle), or moved exclusively over stationary rails or tracks,or designed to move primarily through the air. (42) Wheelchair. A motorized or non-motorized wheeled vehicle designed for use by a person with a physical disability. (43) Yield. To take appropriate action to grant the right-of-way. 2003. Definitions relating to streets and highways. (1) Acceleration lane. A speed-change lane, including tapered areas, for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can more safely merge with through traffic. (2) Alley (or alleyway). A street or highway intended to provide access to the rear or side of lots or buildings in urban areas and not intended for the purpose of through vehicular traffic. (3) Block face. A portion of a street or highway between two intersections, including all on-street parking within such boundaries. (4) Business district. The territory contiguous to and including a street or highway when within any six hundred (600) feet along such street or highway there are buildings in use for business or industrial purposes, including but not limited to motels,banks, office buildings, railroad stations, and public buildings which occupy at least three hundred (300) feet of frontage on one side or three hundred(300)feet collectively on both sides of the street or highway. (5) Controlled-access street or highway. Every highway,street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway,street or roadway. (6) Crosswalk. That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections, or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface. (7) Deceleration lane. A speed-change lane, including tapered areas, for the purpose of enabling a vehicle that is to make an exit turn from a roadway to slow to the safe speed on the ramp ahead after it has left the main stream of faster-moving traffic. 96 . (8) Divided highway. A highway with separated roadways usually for traffic moving in opposite directions, such separation being indicated by depressed dividing strips, raised curbs, traffic islands, or other physical barriers so constructed as to impede vehicular traffic or otherwise indicated by standard pavement markings or other official traffic control devices. (9) Intersection: (a) The area embraced within the prolongation of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two streets or highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets or highways joining at any other angle may come in conflict. (b) Where a street or highway includes two roadways thirty feet or more apart, every crossing of each roadway of such divided street or highway by an intersecting street or highway shall be regarded as a separate intersection. (c) In the event such intersecting street or highway also includes two roadways thirty feet or more apart,every crossing of two roadways of such streets or highways shall be regarded as a separate intersection. (d) The junction of an alley with a street or highway does not constitute an intersection. (10) Lane. The portion of a roadway for the movement of a single line of vehicles. (11) Median or central dividing strip. That portion of a divided street or highway separating the traveled ways for traffic in opposite directions. • (12) Play street. Any street or part thereof set apart and properly signed or marked for recreation purposes. (13) Private road or driveway. Every road or driveway not open to the use of the public for purposes of vehicular travel. (14) Ramp. A turning or interconnecting roadway of a traffic interchange. (15) Residence district. The territory contiguous to and including a street or highway not comprising a business district when the frontage on such street or highway for a distance of three hundred feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business. (16) Recreational trail. Any trail or path that is not a sidewalk which is owned and maintained by the city for use by the public for any recreational purpose, whether such trail is paved or not and whether it is located within or outside the city limits. (17) Road. Any street or highway. (18) Roadway. That portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk,berm or shoulder,even though such sidewalk,berm or shoulder is used by persons riding bicycles or other human-powered vehicles, and exclusive of that portion of a highway designated for exclusive use as a bicycle path or reserved for the exclusive use of bicycles, human powered vehicles, or pedestrians. In the event a street or highway includes two (2) or more separate roadways, "roadway" refers to any such roadway separately but not to all such roadways collectively. (19) Sidewalk or sidewalk area. That portion of a street between the curb lines, or the lateral lines of a • roadway, and the adjacent property lines, intended for the use of pedestrians. 97 (20) Street or highway. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel;or the entire width of every way declared to be a public street or highway by any law of this State. The terms "street"and"highway"are synonymous and interchangeable. (21) Through street or highway. Every street or highway or portion thereof on which vehicular traffic is given preferential right-of-way and at the entrances to which other vehicular traffic from intersecting streets or highways is required by law to yield the right-of-way to vehicles on such through street or highway in obedience to a stop sign, yield sign, or other official traffic control device,when such signs or devices are erected as provided by state law. 2004. Definitions relating to traffic control devices. (1) Barricade. A portable or fixed barrier having object markings,used to close all or a portion of the right-of-way to vehicular traffic. (2) Centerline. A line either marked or unmarked dividing the roadway between traffic moving in opposite directions. (3) Freight or passenger loading zone. A designated space for the exclusive use of vehicles during the loading or unloading of freight or passengers. (4) Lane-direction control signal. A traffic control signal, which is erected to control the direction of vehicular traffic movement in an individual lane. (5) Lane line. A line other than a centerline separating two lanes for traffic moving in the same direction. (6) Laned street or highway. A street or highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic. (7) Loading zone. A designated space reserved for the exclusive use of vehicles during the loading or unloading of passengers or property. (8) Markings. All lines,patterns,words,colors, or other devices,except signs,set into the surface of, applied upon, or attached to the pavement or curbing or to objects within or adjacent to the roadway,conforming to state standards as required by law and officially placed for the purpose of regulating,warning,or guiding traffic. (9) Official traffic control devices. All signs, signals, markings, and devices, not inconsistent with state law,placed or displayed by authority of a public body or official having jurisdiction, for the purpose of regulating,warning,or guiding traffic. (10) Parking meter. A mechanical time measuring device authorized by the City to be used for the purpose of regulating parking. (11) Pedestrian control signal. A traffic control signal, which is erected for the exclusive purpose of directing pedestrian traffic at signalized locations. (12) Railroad sign or signal. Any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (13) Safety zone. The area or space officially set aside within a street or highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone. - 98 . (14) Stop. When required means the complete cessation of movement. (15) Stop line (or "limit line"). A line, which indicates where drivers shall stop when directed by an official traffic control device or a police officer. (16) Traffic control signal. Any device whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and permitted to proceed. 2005. Miscellaneous definitions. (1) City. The City of Fort Collins. (2) Council. The governing body of a city,or city and county. (3) Holidays. Where used in this ordinance or on official signs shall in addition to Sundays mean New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day; Christmas Day and such additional statutory holidays as may by ordinance be declared applicable. (4) Litter. All rubbish, waste material,refuse, garbage, trash, debris, or other foreign substance, solid or liquid,of every form,size,kind,and description. (5) Parking Referee. A public civil officer invested with judicial power to determine violations of the parking provisions of this code. (6) Official time standard. Whenever certain hours are named herein they shall mean standard time or daylight-saving time as may be in current use in the City. (7) Person with a disability. A person so severely impaired that such person is unable to move from place to place without the aid of a mechanical device or who has a physical impairment, which substantially limits that person's ability to move from place to place. i 99 FORT COLLINS TRAFFIC CODE...........................................................ERROR!BOOKMARK NOT DEFINED. PART1 -TRAFFIC REGULATION-GENERALLY...........................................................................................2 101. REQUIRED OBEDIENCE TO TRAFFIC CODE....................................................................................2 102. APPLICABILITY.........................................................................................................................................2 103. SCOPE AND EFFECT OF MODEL TRAFFIC CODE-EXCEPTIONS TO PROVISIONS..............2 104. CONSTRUAL OF PROVISIONS...............................................................................................................2 105. LOCAL TRAFFIC CONTROL DEVICES................................................................................................2 106. CERTIFICATION BY CITY CLERK; COPIES TO BE RETAINED.................................:.................2 107. PUBLIC OFFICERS TO OBEY PROVISIONS-EXCEPTIONS FOR EMERGENCY VEHICLES.3 108 PROVISIONS UNIFORM THROUGHOUT THE JURISDICTION.....................................................2 109. RESERVED..................................................................................................................................................3 110. RESERVED.................................................................................................................................................3 111. RESERVED..................................................................................................................................................4 112. NONINTERFERENCE WITH THE RIGHTS OF OWNERS OF REALTY.........................................4 113. RESERVED........................................................................................................................................I.........4 114. REMOVAL OF TRAFFIC HAZARDS......................................................................................................4 PART2-EQUIPMENT.............................................................................................................................................4 201. OBSTRUCTION OF VIEW OR DRIVING MECHANISM-HAZARDOUS SITUATION.................4 202. UNSAFE VEHICLES-PENALTY.............................................................................................................5 203. UNSAFE VEHICLES-SPOT INSPECTIONS..........................................................................................6 204. WHEN LIGHTED LAMPS ARE REQUIRED..........................................................................................7 205. HEADLAMPS ON MOTOR VEHICLES..................................................................................................7 206. TAIL LAMPS AND REFLECTORS..........................................................................................................7 207. CLEARANCE AND IDENTIFICATION...................................................................................................8 208. STOP LAMPS AND TURN SIGNALS.....................................................................................................10 209. LAMP OR FLAG ON PROJECTING LOAD...........................................................................I...I.........10 210. LAMPS ON PARKED VEHICLES..........................................................................................................10 too • 211. LAMPS ON FARM EQUIPMENT AND OTHER VEHICLES AND EQUIPMENT..........................10 212. SPOT LAMPS AND AUXILIARY LAMPS.............................................................................................12 213. AUDIBLE AND VISUAL SIGNALS ON EMERGENCY VEHICLES.................................................12 214. VISUAL SIGNALS ON SERVICE VEHICLES........................................................................I.............13 215. SIGNAL LAMPS AND DEVICES-ADDITIONAL LIGHTING EQUIPMENT................................13 215.5 SIGNAL LAMPS AND DEVICES-STREET ROD VEHICLES AND CUSTOM MOTOR VEHICLES................................................................................................................................................................14 216. MULTIPLE-BEAM ROAD LIGHTS.......................................................................................................15 217. USE OF MULTIPLE-BEAM LIGHTS.....................................................................................................15 218. SINGLE-BEAM ROAD-LIGHTING EQUIPMENT..............................................................................15 219. NUMBER OF LAMPS PERMITTED......................................................................................................16 220. MOTORIZED BICYCLES-MOTOR DRIVEN CYCLES-LIGHTING EQUIPMENT- DEPARTMENT CONTROL-USE AND OPERATION......................................................................................16 221. BICYCLE EQUIPMENT...........................................................................................................................17 222. VOLUNTEER FIREMEN-VOLUNTEER AMBULANCE ATTENDANTS-SPECIAL LIGHTS • AND ALARM SYSTEMS.........................................................................................................................................18 223. BRAKES..................................................................................................................................:...................18 224. HORNS OR WARNING DEVICES..........................................................................................................19 225. MUFFLERS-PREVENTION OF NOISE...............................................................................................20 226. MIRRORS-EXTERIOR PLACEMENTS..............................................................................................20 227. WINDOWS UNOBSTRUCTED-CERTAIN MATERIALS PROHIBITED WINDSHIELD WIPER REQUIREMENTS....................................................................................................................................................21 228. RESTRICTIONS ON TIRE EQUIPMENT.............................................................................................22 230. EMERGENCY LIGHTING EQUIPMENT-WHO MUST CARRY....................................................23 231. PARKING LIGHTS....................................................................................................................................24 232. MINIMUM SAFETY STANDARDS FOR MOTORCYCLE AND MOTOR DRIVEN CYCLES.....24 233. ALTERATION OF SUSPENSION SYSTEM..........................................................................................24 234. SLOW-MOVING VEHICLES-DISPLAY OF EMBLEM....................................................................25 235. MINIMUM STANDARDS FOR COMMERCIAL VEHICLES............................................................25 • 236. CHILD RESTRAINT SYSTEMS REQUIRED-DEFINITIONS-EXEMPTIONS............................26 101 237. SAFETY BELT SYSTEMS-MANDATORY USE-EXEMPTIONS-PENALTY.............................27 238. LICENSE PLATES.....................................................................................................................................28 PART3-EMISSIONS INSPECTION....................................................................................................................28 301. CERTIFICATE OF EMISSIONS.............................................................................................................28 302. VISIBLE EMISSIONS FROM NON-DIESEL POWERED MOTOR VEHICLES.............................29 PART4-DIESEL EMISSIONS PROGRAM........................................................................................................29 PART5-SIZE-WEIGHT-LOAD........................................................................................................................29 501. SIZE AND WEIGHT VIOLATIONS-PENALTY.................................................................................29 502. WIDTH OF VEHICLES............................................................................................................................30 503. PROJECTING LOADS ON PASSENGER VEHICLES............................................................I............30 504. HEIGHT AND LENGTH OF VEHICLES...............................................................................................31 505. LONGER VEHICLE COMBINATIONS.................................................................................................32 506. TRAILERS AND TOWED VEHICLES...................................................................................................32 507. WHEEL AND AXLE LOADS...................................................................................................................33 508. GROSS WEIGHT OF VEHICLES AND LOADS...................................................................................33 509. VEHICLES WEIGHED-EXCESS REMOVED.....................................................................................35 510. PERMITS FOR EXCESS SIZE AND WEIGHT AND FOR MANUFACTURED HOMES...............35 511. PERMIT STANDARDS-LOCAL............................................................................................................37 512. LIABILITY FOR DAMAGE TO HIGHWAY.........................................................................................37 513. WHO MAY RESTRICT RIGHT TO USE OF STREETS AND HIGHWAYS....................................37 514. RESTRICTED USE OF STREETS OR HIGHWAYS ...........................................................................38 PART6-SIGNALS-SIGNS-MARIQNGS.........................................................................................................38 601. LOCAL GOVERNMENTS TO SIGN HIGHWAYS,WHERE..............................................................38 602. LOCAL TRAFFIC CONTROL DEVICES..............................................................................................38 603. OBEDIENCE TO OFFICIAL TRAFFIC CONTROL DEVICES.........................................................38 604. TRAFFIC CONTROL SIGNAL LEGEND..............................................................................................38 605. FLASHING SIGNALS...............................................................................................................................40 606. DISPLAY OF UNAUTHORIZED SIGNS OR DEVICES......................................................................41 102 607. INTERFERENCE WITH OFFICIAL DEVICES....................................................................................41 608. SIGNALS BY HAND OR SIGNAL DEVICE..........................................................................................41 609. METHOD OF GIVING HAND AND ARM SIGNALS...........................................................................42 610. UNAUTHORIZED INSIGNIA........................................................................:.........................................42 611. PARAPLEGIC PERSONS OR PERSONS WITH DISABILITIES-DISTRESS FLAG....................42 612. WHEN SIGNALS ARE INOPERATIVE OR MALFUNCTIONING...................................................42 613. FAILURE TO PAY TOLL ESTABLISHED BY RURAL TRANSPORTATION AUTHORITY......42 614. DESIGNATION OF HIGHWAY MAINTENANCE,REPAIR,OR CONSTRUCTION,ZONES SIGNS-INCREASE IN PENALTIES FOR SPEEDING VIOLATIONS...........................................................43 615. SCHOOL ZONES-INCREASE IN PENALTIES FOR SPEEDING VIOLATIONS.........................43 616. BARRICADES AND TEMPORARY REGULATIONS FOR EMERGENCY OR SPECIAL CONDITIONS...........................................................................................................................................................43 617. USE OF RED-LIGHT CAMERA..............................................................................................................44 PART7-RIGHTS-OF-WAY..................................................................................................................................45 701. VEHICLES APPROACHING OR ENTERING INTERSECTION......................................................45 0 702. VEHICLE TURNING LEFT.....................................................................................................................45 703. ENTERING THROUGH HIGHWAY-STOP OR YIELD INTERSECTION....................................45 704. VEHICLE ENTERING ROADWAY........................................................................................................46 705. OPERATION ON APPROACH OF EMERGENCY VEHICLES.........................................................46 706. OBEDIENCE BY DRIVERS AND PEDESTRIANS TO RAILROAD SIGNAL................................46 707. CERTAIN VEHICLES MUST STOP AT RAILROAD GRADE CROSSINGS..................................47 708. MOVING HEAVY EQUIPMENT AT RAILROAD GRADE CROSSING..........................................47 709. STOP WHEN TRAFFIC OBSTRUCTED................................................................................................47 710. EMERGING FROM OR ENTERING ALLEY,DRIVEWAY,OR BUILDING..................................48 711. DRIVING ON MOUNTAIN HIGHWAYS...............................................................................................48 712. DRIVING IN HIGHWAY WORK AREA................................................................................................48 PART8-PEDESTRIANS........................................................................................................................................49 801. PEDESTRIAN OBEDIENCE TO TRAFFIC CONTROL DEVICES AND TRAFFIC REGULATIONS.......................................................................................................................................................49 103 802. PEDESTRIANS RIGHT-OF-WAY IN CROSSWALKS........................................................................49 803. CROSSING AT OTHER THAN CROSSWALKS..................................................................................50 804. RESERVED.................................................................................................................................................50 805. PEDESTRIANS WALKING OR TRAVELING IN A WHEELCHAIR ON HIGHWAYS.................56 806. DRIVING THROUGH SAFETY ZONE OR PLAY STREET PROHIBITED....................................51 807. DRIVERS TO EXERCISE DUE CARE...................................................................................................51 808. DRIVERS AND PEDESTRIANS,OTHER THAN PERSONS IN WHEELCHAIRS,TO YIELD TO PERSONSWITH DISABILITIES...............................................................................................I..........................51 PART9-TURNING-STOPPING.........................................................................................................................51 901. REQUIRED POSITION AND METHOD OF TURNING......................................................................51 902. LIMITATIONS ON TURNING AROUND........................................................................................I.....52 903. TURNING MOVEMENTS AND REQUIRED SIGNALS......................................................................52 PART 10-DRIVING OVERTAKING-PASSING.............................................................................................53 1001. DRIVE ON RIGHT SIDE EXCEPTIONS...............................................................................................53 1002. PASSING ONCOMING VEHICLES........................................................................................................53 1003. OVERTAKING A VEHICLE ON THE LEFT...........................................................I........:...................54 1004. WHEN OVERTAKING ON THE RIGHT IS PERMITTED.................................................................54 1005. LIMITATIONS ON OVERTAKING ON THE LEFT............................................................................54 1006. ONE-WAY ROADWAYS AND ROTARY TRAFFIC ISLANDS..........................................................55 1007. DRIVING ON ROADWAYS LANED FOR TRAFFIC..........................................................................55 1008. FOLLOWING TOO CLOSELY..................................................................................I............................56 1009. COASTING PROHIBITED.......................................................................................................................56 1010. DRIVING ON DIVIDED OR CONTROLLED-ACCESS HIGHWAYS...............................................56 1011. USE OF RUNAWAY VEHICLE RAMPS................................................................................................57 1012. HIGH OCCUPANCY VEHICLE LANES................................................................................................57 1013. DRIVING ON ROADWAYS WITH DESIGNATED BICYCLE LANES OR RECREATIONAL TRAILS......................................................................................................................................................................57 PART11 -SPEED REGULATIONS.......................................................................................................................57 1101. SPEED LIMITS..........................................................................................................................................57 104 1102. ALTERING OF SPEED LIMITS-WHEN................................................................................»....»......59 1103. MINIMUM SPEED REGULATION.........................................................................................................60 1104. SPEED LIMITS ON ELEVATED STRUCTURES.................................................................................60 1105. SPEED CONTESTS....................................................................................................................................61 1106. CAMERA-RADAR SPEED ENFORCEMENT.......................................................................................62 PART 12-PARKING,STOPPING,AND STANDING REGULATIONS.........................................................63 1201. STARTING PARKED VEHICLE.............................................................................................................63 1202. PARKING OR ABANDONMENT OF VEHICLES................................................................................63 1203. PARKED NOT TO OBSTRUCT TRAFFIC MAINTENANCE.............................................................63 1203.5 WAITING FOR PARKING SPACE BEING CLEARED........................................................................64 1204. STOPPING,STANDING,OR PARKING PROHIBITED IN SPECIFIED PLACES.........................64 1205. PARKING AT CURB OR EDGE OF ROADWAY.................................................................................65 1205.5 OBEDIENCE TO ANGLE PARKING SIGN OR MARKINGS..............................................................66 1206. UNATTENDED MOTOR VEHICLE.......................................................................................................66 1207. OPENING AND CLOSING VEHICLE DOORS.....................................................................................66 1208. PARKING PRIVILEGES FOR PERSONS WITH DISABILITIES.....................................................66 1209. OWNER LIABILITY FOR PARKING VIOLATIONS..........................................................................68 1211. LIMITATIONS ON BACKING................................................................................................................69 1212. PARKING IN ALLEYS.............................................................................................................................69 1213. PARKING FOR CERTAIN PURPOSES PROHIBITED.......................................................................69 1214. PARKING CERTAIN VEHICLES IN A RESIDENTIAL ZONE PROHIBITED...............................69 1215. ALL-NIGHT PARKING......................................................................................................................I.....70 1216. STANDING IN A PASSENGER-LOADING ZONE...............................................................................70 1217. STANDING IN FREIGHT LOADING ZONE.........................................................................................70 1218. PERMITS FOR LOADING ZONES.........................................................................................................70 1219. BUS STOPS REGULATED.......................................................................................................................70 1220. TAXICAB STANDS REGULATED.........................................................................................................71 1221. PARKING METER ZONES......................................................................................................................71 105 1222. PARKING METERS..................................................................................................................................71 1223. PARKING METER SPACES....................................................................................................................71 1224. DEPOSIT OF COINS OR TOKENS AND TIME LIMITS....................................................................72 1225. TAMPERING WITH PARKING METER.............................................................................................72 PART14-OTHER OFFENSES..............................................................................................................................72 1401. RECKLESS DRIVING-PENALTY........................................................................................................72 1402. CARELESS DRIVING-PENALTY.........................................................................................................73 1403. FOLLOWING FIRE APPARATUS PROHIBITED...............................................................................73 1404. CROSSING FIRE HOSE...........................................................................................................................73 1405. RIDING IN TRAILERS.............................................................................................................................73 1406. FOREIGN MATTER ON HIGHWAY PROHIBITED...........................................................................73 1407. SPILLING LOADS ON HIGHWAYS PROHIBITED............................................................................74 1407.5 SPLASH GUARDS-WHEN REQUIRED..........................................................................................74 1408. OPERATION OF MOTOR VEHICLES ON PROPERTY DESIGNATED AS NATURAL,PARK OR RECREATION AREAS UNDER THE CONTROL OF OR OWNED BY THE CITY.............................75 1409. COMPULSORY INSURANCE-PENALTY...........................................................................................75 1410. USE ON HIGHWAYS FOR TRAVELING ON SNOWMOBILES,SKIS,TOBOGGANS, COASTING SLEDS,SKATES,OR SIMILAR DEVICES...................................................................................76 1410.4 NEIGHBORHOOD ELECTRIC VEHICLES.....................................................................................76 14105. ANIMAL OR ANIMAL DRAWN CONVEYANCES ON STREETS OR HIGHWAYS................77 1411. USE OF EARPHONES WHILE DRIVING.............................................................................................77 1412. OPERATION OF BICYCLES,MOTORIZED BICYCLE AND OTHER HUMAN-POWERED VEHICLES................................................................................................................................................................77 1413. OBEDIENCE TO,OR ATTEMPTING TO,OR ELUDING A POLICE OFFICER...........................80 1413.5. AUTHORITY OF POLICE AND EMERGENCY SERVICES PERSONNEL................................80 1414. MOVING CONSTRUCTION RELATED EQUIPMENT......................................................................80 1415. USE OF DYED FUEL ON HIGHWAYS PROHIBITED..............................................................I........81 PART 15-MOTORCYCLES OR MOTOR DRIVEN CYCLES........................................................................81 1501. TRAFFIC LAWS APPLY TO PERSONS OPERATING MOTORCYCLE OR MOTOR DRIVEN CYCLES-SPECIAL PERMITS.............................................................................................................................81 106 • 1502. RIDING ON MOTORCYCLE OR MOTOR DRIVEN CYCLES, 1503. OPERATING MOTORCYCLE OR MOTOR DRIVEN CYCLE ON ROADWAYS LAMED FOR TRAFFIC...................................................................................................................................................................81 1504. CLINGING TO OTHER VEHICLES......................................................................................................82 1505. FUNERAL PROCESSIONS......................................................................................................................82 PART 16-ACCIDENTS AND ACCIDENT REPORTS......................................................................................83 1601. INVESTIGATION OF TRAFFIC ACCIDENTS.....................................................................................93 1602. TRAFFIC ACCIDENT REPORTS...........................................................................................................83 1603. AUTHORITY OF OFFICER AT SCENE OF ACCIDENT...................................................................83 1604. TRAFFIC ACCIDENT STUDIES.............................................................................................................83 PART 17-PENALTIES AND PROCEDURE.......................................................................................................83 1701. MUNICIPALITIES-TRAFFIC OFFENSES CLASSIFIED-SCHEDULE OF FINES.....................83 1702. MUNICIPAL COURT CLERK'S OFFICE.............................................................................................84 1703. PARTIES TO A CRIME............................................................................................................................84 1704. OFFENSES BY PERSONS CONTROLLING VEHICLES...................................................................85 1705. PERSON ARRESTED TO BE TAKEN BEFORE THE PROPER COURT........................................85 1706. JUVENILES-CONVICTED-ARRESTED AND INCARCERATED PROVISIONS FOR CONFINEMENT.......................................................................................................................................................85 1707. SUMMONS AND COMPLAINT OR PENALTY ASSESSMENT NOTICE FOR TRAFFIC OFFENSES-RELEASE-REGISTRATION........................................................................................................86 1708. BURDEN OF PROOF-APPEALS...........................................................................................................87 1709. PENALTY ASSESSMENT NOTICE FOR TRAFFIC OFFENSES-VIOLATIONS OF PROVISIONS BY OFFICER-DRIVER'S LICENSE..........................................................................................87 1709.5 WHEN A PERSON MAY ELECT TO APPEAR AT MUNICIPAL COURT CLERK'S OFFICE ORBEFORE THE COURT.....................................................................................................................................87 1710. FAILURE TO PAY PENALTY FOR TRAFFIC OFFENSES-PROCEDURES.................................88 1711. COMPLIANCE WITH PROMISE TO APPEAR...................................................................................88 1712. PROCEDURE PRESCRIBED NOT EXCLUSIVE.................................................................................88 1713. CONVICTION RECORD INADMISSIBLE IN CIVIL ACTION.........................................................88 1714. TRAFFIC VIOLATION NOT TO AFFECT CREDIBILITY OF WITNESS,__.......__........*,*,****,*88 107 1715. CONVICTIONS,JUDGMENTS,AND CHARGES RECORDED-PUBLIC INSPECTION............88 1716. NOTICE TO APPEAR OR PAY FINE;FAILURE TO COMPLY.......................................................89 PART 18-TOWING AND STORAGE..................................................................................................................89 1801. AUTHORITY TO IMPOUND AND IMMOBILIZE;PROHIBITED ACTS.......................................89 1802. STORAGE AND DISPOSAL OF ABANDONED AND ILLEGALLY PARKED VEHICLES..........90 PART19-SCHOOL BUSES...................................................................................................................................90 1901. SCHOOL BUSES-EQUIPPED WITH SUPPLEMENTARY BRAKE RETARDERS.......................90 1902. SCHOOL BUS DRIVERS-SPECIAL TRAINING REQUIRED..........................................................91 1903. SCHOOL BUSES-STOPS-SIGNS PASSING....................................................................I...............91 1904. REGULATIONS FOR SCHOOL BUSES-REGULATIONS ON DISCHARGE OF PASSENGERS- PENALTY-EXCEPTION.......................................................................................................................................92 PART20-DEFINITIONS.......................................................................................................................................92 2001. MEANING OF CERTAIN WORDS AND PHRASES............................................................................92 2002. DEFINITIONS............................................................................................................................................92 2003. DEFINITIONS RELATING TO STREETS AND HIGHWAYS...........................................................96 2004. DEFINITIONS RELATING TO TRAFFIC CONTROL DEVICES.....................................................98 2005. MISCELLANEOUS DEFINITIONS........................................................................................................99 108