HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/06/2015 - ITEMS RELATING TO AMENDMENTS TO THE FORT COLLINS TAgenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY October 6, 2015
City Council
STAFF
Craig Horton, Police Lieutenant
Tessa Greegor, FCBikes Program Manager
SUBJECT
Items Relating to Amendments to the Fort Collins Traffic and City Code Regarding Bicycle Regulations.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 120, 2015, Amending the Fort Collins Traffic Code and Adding to it a
New Part 21 Regulating Bicycles.
B. Second Reading of Ordinance No. 121, 2015, Amending Section 1-15 of the Code of the City of Fort
Collins Regarding the Application of the Traffic Calming Surcharge to Bicycle Traffic Infractions.
These Ordinances, unanimously adopted on First Reading on September 15, 2015, reorganize the provisions
regulating bicycles in the Fort Collins Traffic Code to enhance citizen accessibility of the bicycle laws, to
increase citizen understanding of such laws, and to remove the $35 Traffic Calming Surcharge that is currently
assessed on bicycle tickets.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 15, 2015 (w/o attachments) (PDF)
2. Ordinance No. 120, 2015 (PDF)
3. Ordinance No. 121, 2015 (PDF)
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY September 15, 2015
City Council
STAFF
Craig Horton, Police Lieutenant
Tessa Greegor, FCBikes Program Manager
SUBJECT
Items Relating to Amendments to the Fort Collins Traffic and City Code Regarding Bicycle Regulations.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 120, 2015, Amending the Fort Collins Traffic Code and Adding to it a New
Part 21 Regulating Bicycles.
B. First Reading of Ordinance No. 121, 2015, Amending Section 1-15 of the Code of the City of Fort Collins
Regarding the Application of the Traffic Calming Surcharge to Bicycle Traffic Infractions.
The purpose of this item is to reorganize the provisions regulating bicycles in the Fort Collins Traffic Code (the
“FCTC”) to enhance citizen accessibility of the bicycle laws, to increase citizen understanding of such laws,
and to remove the $35 Traffic Calming Surcharge that is currently assessed on bicycle tickets.
Ordinance No. 120, 2015, is designed to increase bicycle safety, enforcement, and to further safety goals
established by Council through the 2014 Bicycle Master Plan. It incorporates all provisions regulating bicycles
that are currently dispersed sporadically throughout various sections of the FCTC into a new Part 21 of the
FCTC. Part 21 provides a common, easy to read reference both for bicycle riders and officers enforcing the
bicycle laws.
Ordinance No. 121, 2015, removes the $35 Traffic Calming Surcharge that is currently assessed on bicycle
tickets.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Building on the City’s designation as a Platinum-level Bicycle Friendly Community, the 2014 Bicycle Master
Plan developed a vision and a comprehensive set of recommendations for improving the safety and
accessibility of bicycling for people of all ages and abilities, across the community. The 2014 Bicycle Master
Plan recommends improved bicycle-related enforcement strategies as an integral component of increasing
bicycle safety. Following the adoption of the Bicycle Master Plan, FC Bikes and Police Services partnered to
further develop the recommended bicycle enforcement strategies including identifying improvements to the
FCTC to support bicycle enforcement and education needs. The proposed amendments to the FCTC were
developed by FC Bikes and Police Services and through stakeholder input.
ATTACHMENT 1
Agenda Item 13
Item # 13 Page 2
Current Ordinance
Police Services and FC Bikes currently refer to a complicated spreadsheet to educate and enforce provisions
of the FCTC that pertain to bicycles. Attachment 1 is the document police officers refer to when writing
citations into Municipal Court for bicycle violations. The spreadsheet is cumbersome and difficult to read and
therefore, it is difficult to educate officers and the public about its contents. The various citations for common
bike offenses are found in Sections 1412, 221, 224, 802, and by reference 603, 1401 and 1402 of the FCTC.
The fines are disparate, running from $25 to $100. Some charges carry a mandated $35 Traffic Calming
Surcharge but most do not. The most expensive tickets written for bicycle related violations can total $170 in
fines and costs. The least expensive bicycle tickets are $60 inclusive of costs. Aside from the difficulties in
navigating the FCTC’s bicycle provisions is the simple fact that police officers are reluctant to write bicyclists
$170 tickets. Consequently, police officers are less likely to regularly focus on bicycle enforcement efforts.
Attachment 2 is a brochure the FC Bikes Program uses to explain the bike laws when teaching bicycle safety
classes or distributing materials. The information is taken from the police officer’s enforcement manual. For
the same reasons stated above, a bicycle safety instructor or citizen has to parse out from the FCTC the most
important safety messages the City is trying to convey. The City should have a consistent and clear message
for bicycle education and enforcement; however, the materials provided highlight the confusing nature of the
Code as it relates to bicycles.
Proposed Ordinances
Ordinance No. 120, 2015-Amends various portions of Fort Collins Traffic Code and adds Part 21 exclusive to
bicycle provisions.
After careful review of the Traffic Code (FCTC), a new Part 21 is proposed for adoption. Part 21 brings
together all of the FCTC’s provisions specific to bicycles. It is ordered with headings so that the sections are
easy to follow. The new ordinance makes the law accessible to more citizens through its simple layout.
Importantly, the law is ordered to emphasize certain provisions of the FCTC that, when violated, lead to the
most common and most serious crashes involving people on bicycles. The crash information was provided by
the City’s Traffic Operations Department and was used to identify priorities for enforcement. Importantly, no
new language has been added to the FCTC; this is simply a reordering of the FCTC to highlight bicycle safety,
and simplify and streamline education and enforcement. Attachment 3 shows the proposed enforcement
section of the patrol officer’s manual.
The simple design of the new Part 21 allows for more intuitive coordination of the education and enforcement
messages as outlined below. The education message is listed first, followed by the supporting enforcement
section from Part 21:
1. Always stop at a Stop Sign or Red Light
a. FCTC 2101 – Disregarded a Traffic Control Device
2. Don’t ride carelessly or recklessly
a. FCTC 2102 – Reckless and Careless Riding
3. Never ride off of a sidewalk into an intersection or street without looking first and stopping for
cars
a. FCTC 2103 – Suddenly left a place of safety
4. Always ride in the direction of traffic
a. FCTC 2104 – Failed to ride as far right as safely possible
5. Always signal your intent to make a right or left turn
a. FCTC 2105 – Failed to signal a turn
Agenda Item 13
Item # 13 Page 3
6. Yield and give an audible signal to pedestrians on sidewalks and trails
a. FCTC 2106 – Failed to yield to pedestrian or sign on sidewalk or trail
7. Use a bike light or headlamp at night and have a rear red reflector
a. FCTC 2107 – Headlamp and reflectors required
Ordinance No. 121, 2015-Removes bicycle violations from the Traffic Calming Surcharge ordinance.
On June 15, 2010, Council amended Section 1-15(g) of the City Code to require the $35 Traffic Calming
Surcharge (TCS) be assessed on the small number of bicycle violations that carry a fine of $100 or more.
From 2010-2014, Municipal Court collected approximately $8,250 in Traffic Calming Surcharges (TCS) from
235 defendants, or an average of $1,645 per year. The financial impact of the fine collection is negligible;
however the TCS was only added to the violations that already carry $100 fines. With the addition of the TCS
and court costs, a defendant charged with running a stop sign on a bicycle can pay $170.
The goal of all traffic safety enforcement is to influence motorist and bicyclist behavior. When addressing
motorist violations, officers often receive a “Thank you” from a citizen, even when they have received a ticket.
Positive interactions are more difficult to yield when officers are enforcing bike laws and writing cyclists very
expensive tickets. Combined with the general leveling of the Municipal Court’s fine structure, removing the
TCS will further simplify and increase the fairness of and enforcement of the bike provisions in the Traffic
Code.
Further actions
Staff will recommend that the Municipal Court fine schedule for first offense bicycle violations be modified to a
uniform $50.
This requested action would raise the fine for almost all bicycle violations, which are currently set at $25, but
would lower the highest fines from $100. A flattened fine structure is easy to communicate to the bicycle
community and also to police officers.
Staff has requested that the City Prosecutor consider reduced fines and costs if a defendant timely completes
the City’s Bicycle Traffic Citation Course.
The Bicycle Traffic Citation Course was created in response to the 2011 Bicycle Safety Education Plan and
has proven successful, with documented positive learning outcomes. The class is an option for prosecutors to
offer to defendants receiving bicycle violations. In the event the class is offered and completed, an $85 citation
($50 fine, $35 court fee) can be reduced to $35.
CITY FINANCIAL IMPACTS
Revenues from TCS go directly into TCS dedicated reserves and do not go to the General Fund. Removing
the $35 bicycle violation surcharge will result in an average $1650 per year reduction in the TCS reserves per
year. The impact is very small considering the yearly additions to the reserve balance have averaged nearly
$350,000.
The overall goal of the City Council’s 2014 Bicycle Master Plan is to increase the number of people safely
riding bicycles in the City. Increasing the feeling of safety and security for bicyclists has a positive impact on
the environment through increased ridership and subsequently reduced carbon emissions from motor vehicles.
Consistent and effective education and enforcement pave the way to these goals. Additionally, by improving
the safety of bicycling in Fort Collins, more people will choose to adopt this mode of transportation and
recreation, thereby promoting a healthy community.
Agenda Item 13
Item # 13 Page 4
BOARD / COMMISSION RECOMMENDATION
Staff presented the enforcement initiative and proposed ordinance changes to the City’s Bicycle Advisory
Committee (BAC) on April 27 and August 24, 2015. The BAC was positive about the changes. A formal
endorsement was not requested from the committee.
PUBLIC OUTREACH
On April 21, 2015 the Coloradoan published a story headlined “Fort Collins bike code to increase enforcement,
safety.” The article highlighted the proposed changes to the FCTC in general terms and also discussed the
restructuring of the fines. The article was shared on Facebook 364 times, commented on 14 times and
retweeted six times.
On August 6, 2015, staff participated with Councilmember Cunniff in a Town Hall meeting about bicycle safety.
Lt. Horton introduced the FCTC ordinance change in general terms as a way to make the bicycle laws more
accessible to everyday people. Over 200 people attended this meeting.
In addition to the City’s BAC, staff met with the following Committees to introduce the ordinance change and
solicit feedback. Many of the suggestions received were worked into the proposal:
Bicycle and Pedestrian Education Coalition:
April 2, 2015 – Initial presentation and listening session
May 5, 2015 – Update
CSU Campus Bicycle Advisory Committee:
April 9, 2015 – Initial presentation and listening session
ATTACHMENTS
1. Police Officer's current reference material regarding bicycle laws (PDF)
2. Citizen's brochure regarding bicycle laws (PDF)
3. Proposed Police Officer reference material and Citizen brochure language (PDF)
4. Bicycle Advisory Committee, April 27 and August 24, 2015 (PDF)
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ORDINANCE NO. 120, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE FORT COLLINS TRAFFIC CODE AND ADDING TO IT
A NEW PART 21 REGULATING BICYCLES
WHEREAS, bicycles are vehicles pursuant to the Fort Collins Traffic Code and the State
of Colorado; and
WHEREAS, City staff has been tasked by the City of Fort Collins 2014 Bicycle Master
Plan to increase ridership and to improve the safety of bicycle use in the City; and
WHEREAS, the current bicycle provisions are dispersed throughout the Traffic Code
making the provisions difficult to find and potentially confusing; and
WHEREAS, City staff has recommended that the Fort Collins Traffic Code be amended
to include all bicycle laws in a separate part to make it easier both for the citizens and law
enforcement officers to locate such laws and better ensure the health, safety and welfare of the
citizens of Fort Collins; and
WHEREAS, the City Council has the authority to enact ordinances that are necessary and
proper to provide for the health, safety and welfare of the inhabitants of the City not inconsistent
with the laws of this State; and
WHEREAS, the City Council has determined that these proposed amendments to the
City Code are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS AS FOLLOWS:
Section 1. That Section 221 of the Fort Collins Traffic Code is hereby amended to
read as follows:
221. Personal mobility device equipment.
(1 ) No other provision of this Part 2 and no provision of Part 3 of this Traffic
Code shall apply to an EPAMD or to equipment for use on an EPAMD
except those provisions in this Traffic Code made specifically applicable
to such a vehicle.
(2) Every EPAMD in use at the times described in Section 204 shall be
equipped with a lamp on the front emitting a white light visible from a
distance of at least five hundred (500) feet to the front.
(3) Every EPAMD shall be equipped with a red reflector of a type approved
by the State Department of Revenue, which shall be visible for six
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hundred (600) feet to the rear when directly in front of lawful lower beams
of headlamps on a motor vehicle.
(4 ) Every EPAMD when in use at the times described in Section 204 shall be
equipped with reflective material of sufficient size and reflectivity to be
visible from both sides for six hundred (600) feet when directly in front of
lawful lower beams of head lamps on a motor vehicle or, in lieu of such
reflective material, with a lighted lamp visible from both sides from a
distance of at least five hundred (500) feet.
(5 ) An EPAMD or its rider may be equipped with lights or reflectors in
addition to those required by Subsections (2) to (4) of this Section.
Section 2. That Section 224 of the Fort Collins Traffic Code is hereby amended to
read as follows:
224. Horns or warning devices.
. . .
(3) No low-power scooter shall be equipped with, nor shall any person use
upon such a vehicle, a siren or whistle.
. . .
Section 3. That Subsection (3) of Section 802 of the Fort Collins Traffic Code is
hereby amended to read as follows:
802. Pedestrians right-of-way in crosswalks.
. . .
(3) No pedestrian shall suddenly leave a curb or other place of safety and walk or run
into the path of a moving vehicle that is so close as to constitute an immediate
hazard.
. . .
Section 4. That Section 1401 of the Fort Collins Traffic Code is hereby amended to
read as follows:
1401. Reckless driving.
A person who drives any motor vehicle or low-power scooter in such a manner as
to indicate either a wanton or a willful disregard for the safety of persons or
property is guilty of reckless driving.
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Section 5. That Section 1402 of the Fort Collins Traffic Code is hereby amended to
read as follows:
1402. Careless driving.
A person who drives a motor vehicle or low-power scooter in a careless and
imprudent manner, without due regard for the width, grade, curves, corners,
traffic and use of the streets and highways and all other attendant circumstances,
is guilty of careless driving.
Section 6. That Section 1412 of the Fort Collins Traffic Code is hereby deleted in its
entirety.
Section 7. That the Fort Collins Traffic Code is hereby amended by the addition of a
new Section 1505 which reads in its entirety as follows:
1505. Sidewalks Restricted.
Low-power scooters are restricted at all times from riding upon and along a sidewalk, or
across a highway or street upon or along a cross-walk, except when the low-power
scooter operator has dismounted the low-power scooter and is walking the low-power
scooter under human power.
Section 8. That the Fort Collins Traffic Code is hereby amended by the addition of a
new Part 21 which reads in its entirety as follows:
PART 21 – OPERATION OF BICYCLES, ELECTRIC ASSISTED
BICYCLES AND OTHER HUMAN-POWERED VEHICLES.
2101. General Provisions.
(1) Every person riding a bicycle or electrical assisted bicycle upon a roadway
where bicycle and electrical assisted bicycle travel is permitted shall be
granted all of the rights and shall be subject to all of the duties and
penalties applicable to the driver of a vehicle as set forth in this Traffic
Code, except those provisions of this Traffic Code that, by their very
nature, can have no application. Said riders shall also comply with special
rules set forth in this Part and when using streets and highways within the
City, shall be subject to local ordinances regulating the operation of
bicycles and electrical assisted bicycles as provided in Section 42-4-111,
C.R.S. Whenever the word vehicle is used in any of the driving rules set
forth in this Traffic Code that are applicable to bicycle or electrical
assisted bicycle riders, such term shall include bicycles and electrical
assisted bicycles.
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(a) These regulations not in conflict with the Rules and Regulations
promulgated by Colorado State University pursuant to Sections 23-
5-106 and 107, C.R.S. shall apply on the campus of the University.
(b) The parent of any child or guardian of any ward shall not authorize
or knowingly permit any child or ward to violate any provision of
this Part.
2102. Reckless and Careless Riding.
(1) A person who drives any bicycle or electrical assisted bicycle in such a
manner as to indicate either a wanton or a willful disregard for the safety
of persons or property is guilty of reckless riding. A person convicted of
reckless riding of a bicycle or electrical assisted bicycle shall not be
subject to the provisions of Section 42-2-127, C.R.S.
(2) A person who drives a bicycle or electrical assisted bicycle in a careless
and imprudent manner, without due regard for the width, grade, curves,
corners, traffic and use of the streets and highways and all other attendant
circumstances, is guilty of careless riding. A person convicted of careless
riding of a bicycle or electrical assisted bicycle shall not be subject to the
provisions of Section 42-2-127, C.R.S.
2103. Left Place of Safety
No person shall suddenly leave a curb or other place of safety and ride a bicycle
or electrical assisted bicycle into the path of a moving vehicle that is so close as to
constitute an immediate hazard.
2104. Lane Usage.
(1) (a) Persons riding bicycles upon a roadway shall not ride more than
two (2) abreast except on paths or parts of roadway set aside for
the exclusive use of bicycles.
(b) Persons riding bicycles two (2) abreast shall not impede the normal
and reasonable movement of traffic and, on a laned roadway, shall
ride within a single lane.
(2) (a) Any person operating a bicycle upon a roadway at less than the
normal speed of traffic shall ride in the right-hand lane, subject to
the following conditions:
(I) If the right-hand lane then available for traffic is wide
enough to be safely shared with overtaking vehicles, a
bicyclist shall ride far enough to the right as is reasonably
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prudent to facilitate the movement of such overtaking
vehicle unless other conditions make it unsafe to do so.
(II) A bicyclist may use a lane other than the right-hand lane
when:
(A) preparing for a left turn at an intersection or into a
private roadway or driveway;
(B) overtaking a slower vehicle; or
(C) taking reasonably necessary precautions to avoid
hazards or road conditions.
(III) Upon approaching an intersection where right turns are
permitted and there is a dedicated right-turn lane, a
bicyclist may ride on the left-hand portion of the dedicated
right-turn lane even if the bicyclist does not intend to turn
right.
(b) A bicyclist shall not be expected or required to:
(I) ride over or through hazards at the edge of a roadway,
including but not limited to fixed or moving objects, parked
or moving vehicles, bicycles, pedestrians, animals, surface
hazards or narrow lanes; or
(II) ride without a reasonable safety margin on the right-hand
side of the roadway.
(c) A person operating a bicycle upon a one-way roadway with two
(2) or more marked traffic lanes may ride as near to the left-hand
curb or edge of such roadway as is reasonably prudent, subject to
the following conditions:
(I) If the left-hand lane then available for traffic is wide
enough to be safely shared with overtaking vehicles, a
bicyclist shall ride as far to the left as is reasonably prudent
to facilitate the movement of such overtaking vehicles
unless other conditions make it unsafe to do so.
(II) A bicyclist shall not be expected or required to:
(A) ride over or through hazards at the edge of a
roadway, including but not limited to fixed or
moving objects, parked or moving vehicles,
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bicycles, pedestrians, animals, surface hazards or
narrow lanes; or
(B) ride without a reasonable safety margin on the left-
hand side of the roadway.
2105. Turns.
(1) (a) Except as otherwise provided in this Subsection (1), every person
riding a bicycle or electrical assisted bicycle shall signal his or her
intention to turn or stop in accordance with the provisions of
Section 903; except that a person riding a bicycle or electrical
assisted bicycle may signal a right turn with the right arm extended
horizontally.
(b) A signal of intention to turn right or left when required shall be
given continuously during not less than the last one hundred (100)
feet traveled by the bicycle or electrical assisted bicycle before
turning and shall be given while the bicycle or electrical assisted
bicycle is stopped waiting to turn. A signal by hand and arm need
not be given continuously if the hand is needed in the control or
operation of the bicycle or electrical assisted bicycle.
(2) (a) A person riding a bicycle or electrical assisted 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 (2).
(b) A person riding a bicycle or electrical assisted bicycle intending to
turn left shall approach the turn as closely as practicable to the
right-hand curb or edge of the roadway. After proceeding across
the intersecting roadway to the far corner of the curb or
intersection of the roadway edges, the bicyclist shall stop, as much
as practicable, out of the way of traffic. After stopping, the
bicyclist shall yield to any traffic proceeding in either direction
along the roadway that the bicyclist had been using. After yielding
and complying with any official traffic control device or police
officer regulating traffic on the highway along which the bicyclist
intends to proceed, the bicyclist may proceed in the new direction.
(c) Notwithstanding the provisions of Paragraphs (a) and (b) of this
Subsection (2), 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 or
electrical assisted bicycles shall obey the directions of every such
device.
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2106. Sidewalks and Trails.
(1) A person riding a bicycle or electrical assisted bicycle upon and along a
recreational trail 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.
(2) (a) A person riding a bicycle or electrical assisted bicycle upon and
along a sidewalk or pathway or across a roadway upon and along a
crosswalk shall yield the right-of-way to any pedestrian and shall
give an audible signal before overtaking and passing such
pedestrian. A person riding a bicycle in a crosswalk shall do so in a
manner that is safe for pedestrians.
(b) A person shall not ride a bicycle or electrical assisted bicycle upon
and along a sidewalk or across a roadway upon and along a
crosswalk where such use of bicycles or electrical assisted bicycles
is prohibited by official traffic control devices or local ordinances.
A person riding a bicycle or electrical assisted bicycle shall
dismount before entering any crosswalk where required by official
traffic control devices or ordinance.
(c) A person riding or walking a bicycle or electrical assisted bicycle
upon and along a sidewalk or across a roadway upon and along a
crosswalk shall have all the rights and duties applicable to a
pedestrian under the same circumstances, including but not limited
to the rights and duties granted and required by Section 802.
(d) Motorized 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.
(3) 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.
2107. Lights, Reflectors and Equipment.
(1) Every bicycle or electrical assisted 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 (500) feet to the front.
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(2) Every bicycle or electrical assisted 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 (600) feet to the rear when directly in front
of lawful lower beams of headlamps on a motor vehicle.
(3) Every bicycle or electrical assisted 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
(600) feet when directly in front of lawful lower beams of head lamps on a
motor vehicle or, in lieu of such reflective material, with a lighted lamp
visible from both sides from a distance of at least five hundred (500) feet.
(4) Every bicycle or electrical assisted bicycle shall be equipped with a brake
or brakes that will enable its rider to stop the bicycle or electrical assisted
bicycle within twenty-five (25) feet from a speed of ten (10) miles per
hour on dry, level, clean pavement.
(5) A bicycle or electrical assisted bicycle or its rider may be equipped with
lights or reflectors in addition to those required by Subsections (1) through
(3) of this Section.
(6) No bicycle or electrical assisted bicycle shall be equipped with, nor shall
any person use upon such a vehicle, a siren or whistle.
2108. Parking.
(1) (a) A person may park a bicycle or electrical assisted bicycle on a
sidewalk unless prohibited or restricted by an official traffic
control device or local ordinance.
(b) A bicycle or electrical assisted bicycle parked on a sidewalk shall
not impede the normal and reasonable movement of pedestrian or
other traffic.
(c) A bicycle or electrical assisted 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 or electrical assisted bicycle may be parked on the road
abreast of another such bicycle or electrical assisted bicycle 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.
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(e) In all other respects, bicycles or electrical assisted bicycles parked
anywhere on a highway shall conform to the provisions of Part 12
of this Traffic Code regulating the parking of vehicles.
2109. Riding Behavior.
(1) A person riding a bicycle or electrical assisted bicycle shall not ride other
than upon or astride a permanent and regular seat attached thereto.
(2) No bicycle or electrical assisted bicycle shall be used to carry more
persons at one (1) time than the number for which it is designed and
equipped.
(3) No person riding upon any bicycle or electrical assisted bicycle shall
attach the same or himself or herself to any motor vehicle upon a roadway.
(4) A bicycle or electrical assisted bicycle shall not be equipped with, nor
shall any person use upon a bicycle or electrical assisted bicycle, any siren
or whistle.
(5) A person operating a bicycle or electrical assisted bicycle shall keep at
least one (1) hand on the handlebars at all times.
2110. Regulatory.
(1) A person engaged in the business of selling bicycles or electrical assisted
bicycles at retail shall not sell any bicycle or electrical assisted bicycle
unless the bicycle or electrical assisted bicycle has an identifying number
permanently stamped or cast on its frame.
(2) For the sake of uniformity of bicycle or electrical assisted bicycle safety
rules throughout the State, the Colorado Department of Revenue, in
cooperation with the Colorado Department of Transportation, shall
prepare and make available to all local jurisdictions for distribution to
bicycle and electrical assisted 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 or electrical assisted bicycles. The City Traffic Engineer
may supplement this digest with a leaflet describing any additional
regulations of a local nature that apply within their respective
jurisdictions.
(3) Where suitable bike paths, horseback trails or other trails have been
established on the right-of-way or parallel to and within one-fourth (¼)
mile of the right-of-way of heavily traveled streets and highways, the
Colorado Department of Transportation may, subject to the provisions of
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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 four
hundred fifty (450) feet of the right-of-way of heavily traveled streets, by
ordinance, determine and designate, upon the basis of an engineering and
traffic investigation, those heavily traveled streets and highways upon
which shall be prohibited any bicycle, animal rider, animal-drawn
conveyance or other class or kind of nonmotorized traffic which is found
to be incompatible with the normal and safe movement of traffic, and,
upon such a determination, the Colorado Department of Transportation or
the City shall erect appropriate official signs giving notice thereof; except
that with respect to controlled access highways, the provisions of Section
42-4-1010(3), C.R.S., shall apply. When such official signs are so erected,
no person shall violate any of the instructions contained thereon.
Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D.
2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 6th day of October, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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ORDINANCE NO. 121, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 1-15 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING THE APPLICATION OF THE TRAFFIC CALMING SURCHARGE
TO BICYCLE TRAFFIC INFRACTIONS
WHEREAS, bicycles are motor vehicles pursuant to the Fort Collins Traffic Code and
the State of Colorado; and
WHEREAS, in 2005, City Council passed Ordinance No. 167, 2005, which created a
Traffic Calming Surcharge (“TCS”) on certain moving violations, to be used to fund the traffic
calming measures and programs developed and implemented by Transportation Services and
Police Services associated with the traffic calming program; and
WHEREAS, in 2009, City Council passed Ordinance No. 136, which extended the TCS
to bicyclists based on the increasing number of bicycle-involved accidents and bicycle-involved
moving violations, and the resulting increase in the use of the Traffic Enforcement Unit’s
resources; and
WHEREAS, City staff has been tasked by the City of Fort Collins 2014 Bicycle Master
Plan to increase ridership and to improve safety of bicycles in the City while also providing an
opportunity to take the City Bicycle Traffic Citation Course; and
WHEREAS, City staff has recommended the Fort Collins Municipal Court level all fines
for all first-time bicycle violations to $50; and
WHEREAS, the TCS has collected a minimal amount of revenue each year and is a cost
that cannot be eliminated by a municipal prosecutor during a plea bargaining process; and
WHEREAS, staff has concluded that the TCS has not had a positive impact on bicyclist
behaviors and compliance; and
WHEREAS, staff is seeking a more effective means to influence bicyclist behavior and to
increase the level of safety and compliance by bicyclists; and
WHEREAS, by leveling all of the bicycle violation fines and eliminating the TCS on
bicycle violations, the prosecutor in his or her discretion on a case-by-case basis will be able to
offer the City’s Bicycle Traffic Citation Course, when appropriate in lieu of the $50 fine, and in
that circumstance, the total cost will be $35 in court costs; and
WHEREAS, staff believes that the option to enter into this type of plea negotiation would
increase the incentives for bicyclists who receive bicycle violations to participate in the City’s
Bicycle Traffic Citation Course, which is expected to improve bicycle safety in the City; and
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WHEREAS, the City Council has determined that removing bicycles from the ambit of
the TCS is in the best interest of the City and will advance the health, safety and welfare of its
citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 1-15(g)(1) of the Code of the City of Fort Collins Fort Collins is
hereby amended to read as follows:
Sec. 1-15. General penalty and surcharges for misdemeanor offenses, traffic
offenses and traffic and civil infractions.
. . .
(g) Assessment of traffic calming surcharge. A surcharge of thirty-five dollars
($35.) shall be assessed by the Municipal Court as set forth in this Section and
shall be in addition to court fines, costs, other surcharges and fees. Said surcharge
shall be assessed against any person who:
(1) after a trial or hearing before the Court, a hearing officer, a referee or a
jury, is found guilty of operating a motor vehicle in violation of any
provision of the Fort Collins Traffic Code for which the Department of
Revenue has assigned a penalty of one (1) or more;
. . .
Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D.
2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 6th day of October, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk