HomeMy WebLinkAbout039 - 05/07/1991 - AMENDING CITY CODE RELATING TO BICYCLE AND MOTORIZED BICYCLE VIOLATIONS UNDER MODEL TRAFFIC CODE ORDINANCE NO. 39, 1991
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 28-17 OF THE CODE OF THE CITY
OF FORT COLLINS RELATING TO BICYCLE AND MOTORIZED
BICYCLE VIOLATIONS UNDER THE "MODEL TRAFFIC CODE
FOR COLORADO MUNICIPALITIES, " 1977 EDITION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 28-17
of the Code of the City of Fort Collins is hereby amended to add or amend
sections or subsections of the "Model Traffic Code for Colorado Municipalities, "
1977 Edition, in numerical sequence with previous amendments and additions
contained in Section 28-17, to read as follows:
(1) Section 16-9, Driving on sidewalk, is hereby amended to read
as follows:
"Sec. 16-9. Driving on sidewalk -- No person shall drive any
vehicle other than a bicycle or other human-powered vehicle
upon a sidewalk or sidewalk area within this municipality,
except upon a permanent or duly authorized temporary
driveway. "
(2) Section 17-10, Traffic laws apply to bicycle and motorized
bicycle riders, is hereby amended to read as follows:
"Sec. 17-10. Traffic laws apply to bicycle and motorized
bicycle riders -- Every person riding a bicycle or a motorized
bicycle upon a roadway where 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 Code, except those provisions of this
Code which, by their very nature, can have no application.
Said riders shall also comply with special rules set forth in
this article. "
(3) Section 17-13, Riding on roadways and bicycle paths,
subsections (a) and (b) are hereby repealed and reenacted to
read as follows:
"Sec. 17-13. Riding on roadways and bicycle paths --
"(a) Any person riding a bicycle or motorized bicycle on a
roadway 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 or motorized bicycle
riding is present, persons operating bicycles or
motorized bicycles shall ride on the paved shoulder.
These provisions shall apply, except under any of the
following situations:
"(1) When overtaking and passing another bicycle,
motorized bicycle or vehicle proceeding in the
same direction;
"(2) When preparing for a left turn at an intersection
or into a private road or driveway;
" (3) 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. "
"(b) " (1) Persons operating bicycles or motorized
bicycles on roadways shall ride single file;
except that riding no more than two (2)
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 (300) 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 (300) 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 or motorized
bicycles. "
"(2) Persons riding two (2) abreast shall ride within
a single lane."
(4) Section 17-16, Carrying articles, is hereby re-titled, and
repealed and reenacted to read as follows:
"Sec. 17-16. Use of hands -- A person operating a bicycle or
motorized bicycle shall keep at least one hand on the
handlebars at all times."
(5) Section 17-17, Parking, subsections (a) and (b) are hereby
repealed and reenacted to read as follows and a new subsection
(c) is hereby added which reads as follows:
"Sec. 17-17. Parking --
"(a) A person may park a bicycle or motorized bicycle on a
sidewalk unless prohibited or restricted by an official
traffic control device.
"(b) A bicycle or motorized bicycle parked on a sidewalk
shall not impede the normal and reasonable movement of
pedestrian or other traffic.
"(c) A bicycle or motorized bicycle may be parked on the road
only in areas designated for parking of bicycles or
motorized bicycles. "
(6) Section 17-18, Riding on sidewalks, is hereby retitled,
subsection (a) is hereby repealed and reenacted to read as
follows, subsection (b) is hereby amended to read as follows,
subsection (c) is re-lettered to subsection (e) and new
subsections (c) and (d) are hereby added which read as
follows:
"Sec. 17-18. Riding on sidewalks and along crosswalks --
" (a) 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.
"(b) 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.
"(c) A person riding or walking 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 and
in doing so the bicyclist observes all the provisions
of this Section.
" (e) No motorized bicycle shall be operated on any sidewalk,
unless such operation is specifically designated."
(7) Section 17-19, Equipment on bicycles and motorized bicycles,
subsections (a) and (c) are hereby amended to read as follows,
subsection (b) is re-lettered to subsection (e) and new
subsections (b) , (d) and (f) are hereby added which read as
follows:
"Sec. 17-19. Equipment on bicycles and motorized bicycles
"(a) Every bicycle when in use on a street or highway between
sunset and sunrise and at any other time when, due to
insufficient light or unfavorable atmospheric
conditions, persons and vehicles on the street or
highway are not clearly discernible at a distance of
five hundred (500) feet ahead, shall be equipped with
a lamp on the front which shall emit a white light
visible from a distance of at least five hundred (500)
feet to the front and with a red reflector on the rear
of a type 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. Every bicycle
when in use at the times described above shall also be
equipped with reflective material of sufficient size and
reflectivity to be visible from both sides for a
distance of six hundred (600) feet when directly in
front of lawful lower beams of headlamps on a motor
vehicle. In lieu of such reflective material , the
bicycle may be equipped with a lighted lamp visible from
both sides from a distance of at least five hundred
(500) feet. A bicycle or its rider may be equipped with
lights or reflectors in addition to those required by
this subsection.
"(b) Every motorized bicycle when in use on a street or
highway between sunset and sunrise and at any other time
when, due to insufficient light or unfavorable
atmosphere conditions, persons and vehicles on the
street or highway are not clearly discernible at a
distance of five hundred (500) feet ahead, shall be
equipped with a lamp on the front, which shall emit a
white light visible from a distance of at least five
hundred (500) feet to the front and with a red reflector
on the rear, of a type approved by the Colorado
Department of Revenue, which shall be visible from all
distances from fifty (50) feet to three hundred (300)
feet to the rear when directly in front of lawful upper
beams of headlamps on a motor vehicle. A lamp emitting
a red light visible from a distance of five hundred
(500) feet to the rear may be used in addition to the
red reflector.
"(c) Every bicycle shall be equipped with a brake or brakes
which will enable the operator to stop the bicycle
within twenty-five (25) feet from a speed of ten (10)
miles per hour on dry, level , clean pavement.
"(d) 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.
" (e) No person shall operate a bicycle or motorized bicycle
unless it is equipped with a bell or other device
capable of giving a signal audible for a distance of at
least 100 feet, except that a bicycle or motorized
bicycle shall not be equipped with nor shall any person
use upon a bicycle or motorized bicycle any siren or
whistle.
"(f) 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."
(8) Section 17-22, Left turns, is hereby added which reads as follows:
"Sec. 17-22. Left Turns --
"(a) A person riding a bicycle or a motorized bicycle
intending to turn left shall follow a course described
in Article VI and Section 8-2 of this Code or may make
a left turn in the manner prescribed in subparagraph (b)
below.
" (b) A person riding a bicycle or a 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 corner of the curb or
intersection of the roadway edges, the rider shall stop,
as much as practicable, out of the way of traffic. After
stopping, the rider shall yield to any traffic
proceeding in either direction along the roadway that
the rider had been using. After yielding and complying
with any official traffic control device or police
officer regulating traffic on the highway along which
he intends to proceed, the rider may proceed in the new
direction.
"(c) Notwithstanding the provisions of subparagraphs (a) and
(b) of this Section, official traffic control devices
may be placed on roadways directing that a specific
course for left turns be traveled and operators of
bicycles and motorized bicycles shall obey the
directions of every such device. "
(9) Section 17-23, Signaling turns, is hereby added which reads as
follows:
"Sec. 17-23. Signaling Turns --
"(a) Except as otherwise provided in this Section, every
person riding a bicycle or a motorized bicycle shall
signal his intention to turn or stop in accordance with
the provisions of Article VI of this Code.
"(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 motorized bicycle before turning and shall
be given while the bicycle or motorized 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 motorized
bicycle. "
(10) Section 25-2, Definitions relating to vehicles and traffic,
subsections (e) , (1 ) , (o) and (nn) are hereby amended to read
as follows:
"Sec. 25-2. Definitions relating to vehicles and traffic --
"(e) Bicycle -- Every vehicle propelled solely by human power
applied to pedals upon which any person may ride, having
two (2) tandem wheels or two (2) parallel wheels and one
forward wheel , all of which are more than fourteen (14)
inches in diameter.
"(1 ) Motor vehicle -- Any self-propelled vehicle which is
designed primarily for 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 (o) or vehicles moved solely by human power.
For the purposes of the offenses described in Sections
42-4-1201 to 42-4-1203, 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.
"(o) Motorized bicycle -- Every vehicle having two (2) or
three (3) wheels, a cylinder capacity not exceeding
fifty (50) C.C. , and an automatic transmission which
produces a maximum design speed of not more than thirty
(30) miles per hour on a flat surface.
"(nn) Vehicle -- Any device which is capable of moving itself,
or of being moved, from place to place upon wheels or
endless tracks. "Vehicle" includes any bicycle or
motorized bicycle, but such term does not include 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 or motorized bicycle) , or
moved exclusively over stationary rails or tracks, or
designed to move primarily through the air."
(11) Section 25-3, Definitions relating to streets and highways,
subsection (p) is hereby amended to read as follows:
"Sec. 25-3. Definitions relating to streets and highways -
"(p) 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 that a street or highway
includes two or more separate roadways, "roadway" refers
to any such roadway separately but not to all such
roadways collectively."
Introduced, considered favorably on first reading, and ordered published
this 16th day of April , A.D. 1991, and to be presented for final passage on the
7th day of May, A.O. 1991 .
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Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of May, A.D. 1991 .
Mayor
ATTEST:
City Clerk