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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/20/2012 - FIRST READING OF ORDINANCE NO. 134, 2012, AMENDINGDATE: November 20, 2012 STAFF: Hal Dean Joe Olson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 22 SUBJECT First Reading of Ordinance No. 134, 2012, 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 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 modifications and clarifications to infractions such as obstruction of view, child seatbelt restraints, low-speed electric vehicles, longer vehicle combinations, and related definitions. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ORDINANCE NO. 134, 2012 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 City Council 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 obstruction of view, child restraint, low speed vehicles, and operation of longer vehicle combinations; and WHEREAS, City staff have made suggestions for clarifying the provisions of the Traffic Code related to parking and definition changes to be consistent with state law; 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 staff; 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 201(3) of the Fort Collins Traffic Code is hereby amended to read as follows: 201. Obstruction of view or driving mechanism - hazardous situation. . . . (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 devicesafety equipment in a motor vehicle as long as the computer, data terminal, or safety equipment is not used to display visual entertainment, including internet browsing, social media, and e-mail, to the driver while the motor vehicle is in motion. . . . Section 2. That Section 236(3) of the Fort Collins Traffic Code is hereby amended to read as follows: 236. Child restraint systems required - definitions - exceptions. . . . (3) Except as provided in Section 116(4) of this Traffic Code, the requirement of Subsection (2) of this Section shall not apply to a child who: (a) 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 (ed) 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)40-10.1- 101, 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)40-10.1-301, C.R.S. . . . Section 3. That Section 505(2)(b) of the Fort Collins Traffic Code is hereby amended to read as follows: -2- 505. Longer vehicle combinations. . . . (2) The permits shall allow operation, over designated highways, of the following vehicle combinations of not more than three (3) cargo units and neither fewer than six (6) axles nor more than nine (9) axles: . . . (b) An unladen truck tractor, semi-trailer and single trailer. A semi-trailer 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 (48) feet in length. Notwithstanding any other restriction set forth in this Section, such combination may have up to eleven (11) axles when used to transport empty trailers. . . . Section 4. That Section 1204(2)(g) of the Fort Collins Traffic Code is hereby amended to read as follows: 1204. Stopping, standing or parking prohibited in specified 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: . . . (g) At any other place where official signs or red curb markings are used to prohibit standing or parking. Section 5. That Section 1410.1 of the Fort Collins Traffic Code is hereby amended to read as follows: 1410.1 NeighborhoodLow-speed electric vehicles. (1) Except as provided in Section 42-4-111(1)(aa), C.R.S., no person shall operate a neighborhoodlow-speed electric vehicle on a highway. -3- (2) No person shall operate a neighborhoodlow-speed electric vehicle on a limited access highway. Section 6. That Section 2002 of the Fort Collins Traffic Code is hereby amended by the addition of a new definition “Low-speed electric vehicle” which reads in its entirety as follows: Low-speed electric vehicle. A vehicle that: (a) is self-propelled utilizing electricity as its primary propulsion method; (b) has at least three wheels in contact with the ground; (c) does not use handlebars to steer; and (d) exhibits the manufacturer's compliance with 49 CFR 565 or displays a seventeen-character vehicle identification number as provided in 49 CFR 565. Section 7. That the definition “Motor vehicle” contained in Section 2002 of the Fort Collins Traffic Code is hereby amended to read as follows: (15) Motor vehicle. Any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways, except that the term does not include low-power scooters, wheelchairs, or vehicles moved solely by human power. Motor vehicle includes a neighborhoodlow-speed electric vehicle. For the purposes of the offenses described in Section 42-4-1401, C.R.S., for farm tractors operated on streets and highways,1401 of the Traffic Code, motor vehicle includes a farm tractor, whichor an off-highway vehicle that is not otherwise classified as a motor vehicle. Introduced, considered favorably on first reading, and ordered published this 20th day of November, A.D. 2012, and to be presented for final passage on the 4th day of December, A.D. 2012. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk -4- Passed and adopted on final reading on the 4th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk -5-