HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/06/2011 - FIRST READING OF ORDINANCE NO. 119, 2011 AMENDINGDATE: September 6, 2011
STAFF: Hal Dean, Joe Olson
Randy Hensley
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 19
SUBJECT
First Reading of Ordinance No. 119, 2011 Amending Various Provisions of the Fort Collins Traffic Code.
EXECUTIVE SUMMARY
The Colorado General Assembly amended certain statutory provisions this legislative session relating to state traffic
laws. This Ordinance ensures that the Fort Collins Traffic Code (the “Traffic Code”) is consistent with state traffic laws.
During a review of the statutory changes, staff identified additional amendments that would make the Traffic Code
more consistent and provide more effective and efficient local enforcement.
BACKGROUND / DISCUSSION
The Colorado General Assembly regularly amends certain statutory provisions relating to traffic laws. At the time of
the most recent adoption of the Traffic Code, it was the understanding of staff and Council that the Traffic Code would
most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also
to ensure that the Traffic Code remains consistent with state traffic laws.
This Ordinance reflects proposed changes to the Fort Collins Traffic Code to maintain consistency with state law and
also includes changes recommended by City Traffic, Parking, and Police Services staff intended to make the Traffic
Code more consistent and to provide more effective and efficient traffic and parking enforcement.
The changes recommended by staff involve providing flexibility for fines in work zones, improving crosswalk safety
and clarifying parking regulations within the City as well as the immobilization and impounding of vehicles.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
ORDINANCE NO. 119, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING VARIOUS PROVISIONS OF THE
FORT COLLINS TRAFFIC CODE
WHEREAS, on February 18, 2003, by Ordinance No. 016, 2003, the Council of the City of
Fort Collins adopted the Fort Collins Traffic Code (the "Traffic Code"); and
WHEREAS, at the time of the adoption of the Traffic Code, it was the expectation of staff
and the City Council that the Traffic Code would likely be subject to future amendments, not only
for the purposes of clarification and correction of errors, but also to ensure that the Traffic Code
remains consistent with State law; and
WHEREAS, the Colorado General Assembly has amended certain statutory provisions
relating to child restraint and seat belt use, and school bus operation; and
WHEREAS, the City Traffic Engineer and Parking Services have made suggestions for
clarifying the provisions of the Traffic Code related to traffic turns, parking, and immobilization of
vehicles; and
WHEREAS, it is the City Council’s desire to amend the Fort Collins Traffic Code to reflect
the changes made by the General Assembly and adopt clarifying modifications proposed by the City
Traffic Engineer and Parking Services; and
WHEREAS, the City Council has determined that the Traffic Code amendments which have
been proposed are in the best interest of the City and are necessary for the health, safety and welfare
of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 116(5)(c) of the Fort Collins Traffic Code is hereby amended
to read as follows:
116. Restrictions for minor drivers.
. . .
(5) A violation of this Section is a traffic infraction, and, upon
conviction, the violator may be punished as follows:
. . .
(c) By an assessment of two (2) license suspension points
pursuant to Section 42-2-127(5)(hh)(kk), C.R.S.
Section 2. That Section 229 of the Fort Collins Traffic Code is hereby amended to read
as follows:
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,vehicles 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.
. . .
(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. pursuant to state law.
Section 3. That Section 236 of the Fort Collins Traffic Code is hereby amended to read
as follows:
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”, Section
26.6.102(1.5)Article 6 of Title 26, C.R.S.
(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) Motor vehicle means a passenger car; a pickup truck; or a
van, minivan, or sport utility vehicle with a gross vehicle
weight rating of less than ten thousand (10,000) pounds.
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Motor vehicle does not include motorcycles, low-power
scooters, motorscooters, motorbicycles, motorized bicycles,
and farm tractors and implements of husbandry designed
primarily or exclusively for use in agricultural operations.
(cd) Properly restrained means, for a child safety restraint system,
restrained according to the manufacturer’s instructions and
with any shoulder belt, if present, crossing the shoulder and
chest, and the lap belt crossing the hips and touching the
thighs.
(cd) Safety belt means a lap belt, 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, buckles and all other equipment
directly related to the operation of safety belts.
(de) 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) (I) Unless exempted pursuant to Subsection (3) of this
Section and except as otherwise provided in
subparagraphs (II) and (III) of this paragraph (a),
every child who is under four (4) eight (8) years of
age and weighs under forty (40) pounds, who is being
transported in the City in a privately owned
noncommercial passenger motor 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 shall be properly restrained in a child
restraint system.
(II) If a child is less than one (1) year of age and weighs
less than twenty (20) pounds, the child shall be
properly restrained in a rear-facing child restraint
system in a rear seat of the vehicle.
(III) If a child is one (1) year of age or older, but less than
four (4) years of age, and weighs less than forty (40)
pounds but at least twenty (20) pounds, the child shall
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be properly restrained in a rear-facing or forward-
facing child restraint system.
(b) Unless excepted pursuant to Subsection (3) of this Section,
every child, who is at least four (4) eight (8) years of age but
less than sixteen (16) years of age, or who is less than four (4)
years of age and weighs forty (40) pounds or more, being
transported in this State City in a privately owned
noncommercial motor 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 properly
restrained in a safety belt or child restraint system.
(c) If a parent is in a motor vehicle, it is the responsibility of the
parent to ensure that his or her child or children are provided
with, and properly restrained in, a child restraint system or
safety belt system. If a parent is not in the motor vehicle, Iit
is the responsibility of the driver transporting a child or
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.116(4) of this
Traffic Code, 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;
(ba) Is less than eight (8) years of age and is being transported in
a motor vehicle as a result of a medical or other life-
threatening emergency and a child restraint system is not
available; or
(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.; or
(d) Weighs more than forty (40) pounds and is being transported
in a motor vehicle in which the rear seat of the vehicle was
not equipped at the time of manufacture with combination lap
and shoulder belts; or
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(e) Is being transported in a motor vehicle that is operated in the
business of transporting persons for compensation or hire by
or on behalf of a motor vehicle carrier as defined in Section
40-10-101(4)(a), C.R.S., a contract carrier by motor vehicle
as defined in Section 40-11-101(3), C.R.S., or an operator of
a luxury limousine service as defined in Section 40-16-
101(3.3), C.R.S.
(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 (16) years of age in a motor vehicle unless it conforms to all
applicable federal motor vehicle safety standards.
(5) The fine may be waived if the driver defendant presents the court
with satisfactory evidence of proof of the acquisition, purchase or
rental of an approved a child restraint system by the time of the court
appearance.
(6) A minor driver who violates this Section shall be punished in
accordance with Section 116(5) of this Traffic Code.
Section 4. That Section 601 of the Fort Collins Traffic Code is hereby amended to read
as follows:
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 specificationsstate
traffic control manual and specifications for statewide uniformity as provided
in Section 42-4-104, C.R.S., upon streets and highways as it deems necessary
to indicate and to carry out the provisions of this Traffic Code or to regulate,
warn or guide traffic.
Section 5. That Section 606 of the Fort Collins Traffic Code is hereby amended to read
as follows:
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
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(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. The provisions of this section shall not
be deemed to prohibit the use of signs providing motorist services
information of a general nature on official highway guide signs if
such signs do not indicate the brand, trademark, or name of any
private business or commercial enterprise offering the service, nor
shall this section be deemed to prohibit the erection upon private
property adjacent to highways of signs giving useful direction
information and of a type that cannot be mistaken for official signs.
(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. Every such
prohibited sign, signal, or marking is declared to be a public
nuisance, and the City Engineer is empowered to remove the same or
cause it to be removed without notice.
(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.Any person who violates any provision of this Section
commits a Class A traffic infraction.
(5) The provisions of this Section shall not be applicable to informational
sites authorized under Section 43-1-405, C.R.S.
(6) The provisions of this section shall not be applicable to specific
information signs authorized under Section 43-1-420, C.R.S..
Section 6. That Section 802(6) of the Fort Collins Traffic Code is hereby amended to
read as follows:
802. Pedestrians right-of-way in crosswalks.
. . .
(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 Colorado 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
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and shall be given the right-of-way by the drivers of all
vehicles.
(b) “Walk” (flashing): Whenever the “Walk” indication 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.
(cb) “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.
(dc) “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 or her 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.
Section 7. That Section 901(1) of the Fort Collins Traffic Code is hereby amended to
read as follows:
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.
(b) Left turns. Where there is no left turn lane indicated by any
pavement marking or other official traffic control device, tThe 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 making a 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
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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.Two-way left-
turn lanes. Where a special lane for making left turns 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 left turn shall not be made from any other lane, and
a vehicle shall not be driven in said special lane except when
preparing for or making a left 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-turn 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-turn lanes 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.
Section 8. That Section 1013 of the Fort Collins Traffic Code is hereby amended to read
as follows:
1013. Driving on roadways with designated bicycle lanes or recreational trails.
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.
Section 9. That Section 1107(2) of the Fort Collins Traffic Code is hereby amended to
read as follows:
1107. Designation of highway maintenance, repair or construction zone signs -
increase in penalties for speeding violations.
. . .
(2) The City Traffic Engineer shall may designate by erecting or placing
an appropriate signs that a maintenance, repair or construction
activity is taking place or will be taking place within four (4) hours.
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
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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.
. . .
Section 10. That Section 1204(1) and (2) of the Fort Collins Traffic Code is hereby
amended to read as follows:
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:
. . .
(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:
. . .
(c) Within twenty (20) feet of a crosswalk at an intersection;
. . .
(g) At any other place where official signs or red curb markings
are used to prohibit standing.
Section 11. That Section 1205.5 of the Fort Collins Traffic Code is hereby amended to
read as follows:
1205.5 Obedience to angle parking sign or markings.
On those streets which have beenthe City Traffic Engineer has approved and
has 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, and within lined markings, with the vehicle's
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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.
Section 12. That Section 1208 of the Fort Collins Traffic Code is hereby amended to read
as follows:
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.SState law.
(b) Person with a disability has the meaning provided for such
term in Section 42-3-121(1), C.R.Spursuant to State law.
(2) A vehicle with a license plate or a placard obtained pursuant to
Section 42-3-121204, 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 42-3-121204, C.R.S., or as otherwise
authorized by Subsection (4) of this Section shall be
displayed at all times on the vehicle while parked in such
space.
. . .
(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
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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 42-3-
121204, C.R.S., or as otherwise authorized by Subsection (4)
of this Section is displayed in such vehicle.
. . .
(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)204, C.R.S., in order to receive the benefits or
privileges available to a person with a disability under this Section,
commits a traffic offense.
. . .
Section 13. That Section 1214(1) of the Fort Collins Traffic Code is hereby amended to
read as follows:
1214. Parking certain vehicles in a residential zone prohibited.
(1) No motor vehicle exceeding twenty (20) feet in length, or any trailer
coach, recreational vehicle, 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 Residential District, R-P Planned Residential District or R-
M-P Medium Density Planned Residential District Urban Estate
District (U-E); Residential Foothills District (R-F); Low Density
Residential District (R-L); Low Density Mixed-Use Neighborhood
District (L-M-N); Medium Density Mixed-Use Neighborhood
District (M-M-N); Neighborhood Conservation Low Density district
(N-C-L); Neighborhood Conservation Medium Density District (N-
C-M); Neighborhood Conservation Buffer District (N-C-B); or High
Density Mixed-Use Neighborhood District (H-M-N), except:
. . .
Section 14. That Section 1408 of the Fort Collins Traffic Code is hereby amended to read
as follows:
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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.
(21) 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
Sectionunless otherwise authorized by City Code.
(32) A vehicle owner's liability for violation of Subsection (21) of this
Section pertaining to any parking restrictions shall be the same as set
forth in Section 1209 of this Traffic Code.
Section 15. That Section 1412 of the Fort Collins Traffic Code is hereby amended to read
as follows:
1412. Operation of bicycles, motorized bicycles and other human-powered
vehicles.
. . .
(14) A person riding a bicycle or electrical assisted bicycle upon and
along a recreational trail, as defined in Section 23-3 of the City Code,
shall yield the right-of-way to any pedestrian using the recreational
trail and shall give an audible signal or verbal warning before
overtaking and passing any such pedestrian.
(15) The rider of an electrical assisted bicycle shall not use the electrical
motor on a bike or pedestrian path or on a recreational trail unless
otherwise authorized by the City Code.
Section 16. That Section 1503 of the Fort Collins Traffic Code is hereby amended to read
as follows:
1503. Operating motorcycles or low-power scooters on roadways laned for
traffic.
(1) AllA person operating a motorcycles or low-power scooters are is
entitled to full use of a traffic lane, and no motor vehicle shall be
driven in such a manner as to deprive any motorcycle or low-power
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scooter of the full use of a traffic lane. This Subsection (1) shall not
apply to motorcycles or low-power scooters operatedoperating two
(2) abreast in a single lane.
(2) A person operating a low-power scooter upon a roadway shall ride as
close to the right side of the roadway as practicable, exercising due
care when passing a standing vehicle or one proceeding in the same
direction.
(23) The operator of a motorcycle or low-power scooter shall not overtake
or pass in the same lane occupied by the vehicle being overtaken.
(34) No person shall operate a motorcycle or low-power scooter between
lanes of traffic or between adjacent lines or rows of vehicles.
(45) Motorcycles or low-power scooters shall not be operated more than
two (2) abreast in a single lane.
(56) Subsections (23) and (34) of this Section shall not apply to police
officers in the performance of their official duties.
Section 17. That Section 1801 of the Fort Collins Traffic Code is hereby amended to read
as follows:
1801. Authority to impound and immobilize.
. . .
(4) If the owner of a motor vehicle does not respond to a notice sent to
him or her by the Clerk of the Court, or Municipal Court Clerk’s
Office, or Parking Services pursuant to this Traffic Code and any
Parking Services personnel, code enforcement officer, community
service officer or police officer finds such vehicle standing upon any
portion of a street or highway right-of-way or other public property
within the City, then such employeeofficer is 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 In such event, personnel or officer the employee
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 previous notice regarding illegal parking
alleged violation(s) of the Traffic Code. and that Said notice shall
also include information regarding the procedure for releaseing the
vehicle from such immobilization or impoundment, which may be
obtained by contacting the Office of Parking Services. or Office of
Police Services. and arranging for payment of Arrangements for
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release must be made within seventy-two (72) hours of
immobilization. If no arrangements are made within that time period,
an immobilized vehicle may be impounded. Before a vehicle may be
released from immobilization or impoundment, all fines, fees and or
other penalties applicable to such vehicle, including the chargefees
established for immobilizing and impounding the vehicle, must be
paid in fulland arranging for a trial before the Parking Services
Referee. Arrangements for release must be made within seventy-two
(72) hours of immobilization. If no arrangements are made within
that time period, the vehicle may be impounded.
(5) The owner of a motor vehicle may request an administrative hearing
to contest whether, at the time the vehicle was immobilized or
impounded, reasonable grounds existed to immobilize or impound the
vehicle by:
(a) Paying the total amount of the fines, fees, and penalties,
including fees for immobilization and impoundment, to
Parking Services within seventy-two (72) hours of
immobilization; and
(b) Filing a motion with the Municipal Court Parking Referee to
contest the reasonable grounds within forty-eight (48) hours
after payment, on a form approved by the court.
Failure to timely pay said fines, fees, and penalties and file the
motion required under this provision will constitute a waiver of the
administrative hearing.
(6) The Municipal Court Parking Referee shall hold an administrative
hearing only on the following questions:
(a) Whether the Municipal Court Parking Referee has
jurisdiction;
(b) Whether the claimant is the owner of the motor vehicle, or
presently entitled to possession; and
(c) Whether probable cause existed to immobilize or impound
the vehicle.
The Municipal Court Parking Referee shall not enter orders or
findings on any other issue of fact or law, including but not limited
to, the validity of the charges, the amount charged, or the
constitutionality of ordinances or statutes.
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(57) 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.
(68) Any person who violates Subsection (57) of this Section is guilty of
a misdemeanor punishable under Section 1-15(a) of the City Code.
(9) Subsections (7) and (8) of this Section shall not apply to city
employees acting in the performance of their official duties.
Section 18. That Section 1903 of the Fort Collins Traffic Code are hereby amended to
read as follows:
1903. School buses - stops - signs - passing.
. . .
(2) (a) Every school bus as defined in Section 42-1-102(88), C.R.S.,
other than a small passenger-type vehicle having a seating
capacity of not more than fifteen (15), used for the
transportation of school children shall:
(I) Bear upon the front and rear of such school bus
plainly visible and legible signs containing the words
"SCHOOL BUS" in letters not less than eight (8)
inches in height; and
(II) Be exempt from the provisions of Subparagraph (I) of
this Paragraph (a) when stopped for the purpose of
discharging or loading passengers, who require the
assistance of a lift device only when no passenger is
required to cross the roadway. Such buses shall stop
as far to the right of the roadway as possible to reduce
obstruction to traffic.
(b) The alternating flashing yellow lights shall be actuated at
least two hundred (200) feet prior to the point where the bus
is to be stopped for the purpose of receiving or discharging
school children, and the red lights shall be actuated only at
the time the bus is actually stopped.
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(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 (2) alternately flashing red lamps 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.
(42) 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 (2) 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 (200) 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.
Section 19. That Section 2002 of the Fort Collins Traffic Code is hereby amended by the
addition of a new definition “School Vehicle” which reads in its entirety as follows with all
subsequent definitions being renumbered accordingly:
2002. Definitions.
. . .
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(28) School Vehicle. A motor vehicle, including but not limited to a
school bus, that is owned by or under contract to a public or private
school and operated for the purpose of transporting school children
to or from school or a school-related activity; provided, however, that
such transportation shall not include informal or intermittent
arrangements such as the 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, or motor vehicles owned by
or under contract to a child care center, as defined in section 26-6-
102(1.5), C.R.S., and used for the transportation of children who are
served by the child care center.
Introduced, considered favorably on first reading, and ordered published this 6th day of
September, A.D. 2011, and to be presented for final passage on the 20th day of September, A.D.
2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on the 20th day of September, A.D. 2011.
_________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
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