HomeMy WebLinkAbout031 - 06/06/1995 - AMENDING CITY CODE RELATING TO CHANGES IN MISCELLANEOUS PROVISIONS OF THE MODEL TRAFFIC CODE FOR COL ORDINANCE NO. 31, 1995
OF THE COUNCIL OF TILE CITY OF FORT COLLINS
AMENDING SECTION 28-17 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO CHANGES IN MISCELLANEOUS
PROVISIONS OF THE "MODEL TRAFFIC CODE FOR COLORADO
MUNICIPALITIES," 1977 EDITION
WHEREAS, in its 1994 legislative session, the Colorado General Assembly adopted Senate
Bill 94-001 which recodified the laws pertaining to vehicles and traffic in Title 42 of the Colorado
Revised Statutes resulting in the renumbering of most statutory citations; and
WHEREAS, Senate Bill 94-001 also amended several provisions of Title 42 relating to
defining persons using wheelchairs as "pedestrians," relating to obedience to railroad signals and
stopping at railroad crossings, and concerning vehicles having a green light turning tight at an
intersection yielding the right-of-way to pedestrians in adjacent crosswalks; and
WHEREAS, it is in the best interest of the health, safely and welfare of the citizens of Fort
Collins that such amendments be made to the 1977 edition of the Model Traffic Code for Colorado
Municipalities as adopted and amended in the City Code.
NOW, THEREFORE, 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 (the "MTC"), in numerical sequence with previous amendments and additions contained in
Section 28-17, to read as follows:
Section 1. That Section 28-17 (29)Section 25-2, Definitions relating to vehicles and traffic,
subsections (1) and (um) of the Code of the City are hereby amended to read as follows:
"(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), wheelchairs as defined by subsection
(oo) of this Section, or vehicles moved solely by human power. For the purposes of
the offenses described in Sections 42-2-128, 42-4-1301, and 42-4-1401, C.R.S., for
farm tractors operated on streets and highways, 'motor vehicle' includes a farm tractor
which is not otherwise classified as a motor vehicle.
(nn) Vehicle. Any device which is capable of moving itself, or being
moved, front place to place upon wheels or endless tracks. 'Vehicle' includes any
bicycle or motorized bicycle, but such term does not include any wheelchair as
defined by subsection (oo) of this section, or any off-highway vehicle (as defined in
SW, ion 33-14.5-Ifll[3l,C'.R.S,),_uiy_snowinobile,<my_ftuin triwAor octury_impiciieall_
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 novel exclusively over stationary rails or tracks, or designed
to move primarily through the air.
Section 2. That MTC Section 3.2, Obedience to railroad signal, is hereby amended to read
as follows:
Section 3-2. Obedience to railroad signal. (a) Any driver of a motor vehicle
approaching a railroad crossing sign shall slow down to a speed that is reasonable
and safe for the existing conditions. if required to stop for a traffic control device,
flagperson, or safety before crossing the railroad grade crossing, the driver shall stop
at the marked stop line, if any. K no such stop line exists, the following shall apply:
(1) The driver steal I stop not less than fifteen feet nor more than
fifty feet from the nearest rail of the railroad grade crossing and shall
not proceed until the railroad grade can be crossed safely; or
(2) In the event the driver would not have a reasonable view of
approaching trains when slopped pursuant to subsection (1) of this
subsection (a), the driver shall stop before proceeding across the
railroad grade crossing at the point nearest such crossing where the
driver has a reasonable view of approaching trains and shall not
proceed until the railroad grade can be crossed safely.
(b) No person shall drive any vehicle through,around,or under any crossing gate
or barrier at a railroad crossing while such gate or harrier is closed or is being opened
or closed, nor shall any pedestrian pass through, around, over, or under any crossing
gate or barrier at a railroad grade crossing while such gate or barrier is closed or is
being opened or closed.
Section 3. That subsection (a) of MTC Section 3-3, Certain vehicles must slop at railroad
grade crossings, is hereby amended to read as follows:
(a) Except as otherwise provided in this section, the driver of any motor
vehicle carrying more than six passengers for hire, or of any school bus carrying any
schoolchild, or of any vehicle carrying hazardous materials which is required to be
placarded in accordance with stale regulations issued pursuant to Section 42-4-
707(5), CURIS, before crossing at grade any tracks of a railroad, shall stop such
vehicle within fifty feet but not less than fifteen feet from the nearest rail of such
railroad and while so stopped shall listen and look in both directions along such track
for any approaching train and for signals indicating the approach of a pain and shall
not proceed until the driver can do so safely.
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Section 4. That subsection (a)(F) of NITC-Section 15-S, Traffic control signal legend, is
hereby amended to read as follows:
(a) Green indication:
(1) Vehicular traffic facing a circular green signal may proceed straight
through or turn right or left unless a sign at such place prohibits either such turn; but
vehicular traffic, including vehicles turning right or left, shall yield the right-of-way
to other vehicles and to pedestrians lawfully within the intersection and to pedestrians
lawfully within an adjacent crosswalk at the time such signal is exhibited.
Section 5. That subsections (a), (b) and (d)of MTC Section 16-7,Walking along roadways,
hitchhiking, are hereby amended to read as follows:
(a) Where sidewalks are provided it shall be unlawful for any pedestrian
to walk or travel in a wheelchair along and upon an adjacent roadway.
(b) Pedestrians walking or travelling in a wheelchair along and upon
highways where sidewalks are not provided shall walk or travel only on a road
shoulder, as far as practicable from the edge of the roadway. Where neither a
sidewalk nor road shoulder is available, any pedestrian walking or travelling in a
wheelchair along and upon a highway shall walk or travel as near as practicable to
an outside edge of the roadway, and, in the case of a two-way roadway, shall walk
or travel only on the left side of the roadway facing traffic that may approach from
the opposite direction; except that any person lawfully soliciting a ride may stand on
either side of such two-way roadway where there is a view of traffic approaching
from both directions.
(d) It is unlawful for any person who is under the influence of intoxicating
liquor or any narcotic or stupefying drug to walk, travel in a wheelchair, or be upon
that portion of any street or highway normally used by moving motor vehicular traffic
Section 6. That under MTC Section 25-2, Definitions relating to vehicles and traffic,
subsection (s) is hereby amended and subsection (oo) is hereby added to read as follows:
(s) Pedestrian. Any person afoot or any person using a wheelchair.
too) Wheelchair. A motorized or non-motorized wheeled vehicle designed
for use by a person with a physical disability.
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Introduced, considered favorably on first reading, and order ublished this 16th day of
May, A.D. 1995, and to be presented for final play;orz:
, A.D. .
ATTEST:
� o
City Clerk
Passed and adopted on final reading this 6t4dayuLn , .D. 1995.
Mayor
ATTEST:
1J®
City Clerk
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