HomeMy WebLinkAbout016 - 02/18/2003 - ADOPTING AND SEPARATELY CODIFYING THE ''FORT COLLINS TRAFFIC CODE''; REPEALING ALL CONFLICTING ORDIN ORDINANCE NO. 016, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING AND SEPARATELY CODIFYING THE
"FORT COLLINS TRAFFIC CODE"; REPEALING ALL
CONFLICTING ORDINANCES; AND MAKING CERTAIN
RELATED AMENDMENTS TO CHAPTER 28
OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS,the City of Fort Collins is a home-rule municipality,and is authorized by Article
XX, Section 6 of the Colorado Constitution, the provisions of state statutes, and its City Charter to
develop ordinances regulating vehicles and traffic within the City; and
WHEREAS, the City has previously adopted the 1977 Model Traffic Code, including
amendments thereto, as contained in Chapter 28 of the City Code; and
WHEREAS,the 1977 Model Traffic Code has been out of print for ten years and is no longer
available; and
WHEREAS, the City has amended the 1977 Model Traffic Code numerous times since its
adoption to reflect changing state laws and local needs of the City, which requires users (citizens,
staff and law enforcement personnel) to consult two separate documents (the Model Traffic Code
itself and the City Code); and
WHEREAS,the City Council wishes to provide a comprehensive,single codification of the
ordinances and laws regulating traffic for convenience and understanding by the community as well
as for ease in interpretation and implementation by City staff, including law enforcement officers;
and
WHEREAS, the codification of the proposed Traffic Code encompasses recent changes in
state law(including camera radar)and clarifies regulations pertaining to funeral escorts,parking and
towing ordinances,rules for traffic control in natural areas and parks,license plates,and enforcement
of restrictions on skateboarding, bikes, etc. where posted; and
WHEREAS, over the past five years, representatives from affected City departments
(Municipal Court,Traffic Engineering,Transportation Services,Parking Services, City Attorney's
Office,Fort Collins Police Services), as well as representatives form the Colorado State University
Police Department have met and provided input, and have reviewed and approved the proposed
Traffic Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT COLLINS, COLORADO as follows:
Section 1. That the"Fort Collins Traffic Code",dated January 29,2003,a copy of which
is on file in the office of the City Clerk and incorporated herein by this reference, is hereby adopted
by the Council to be hereafter used by the City as the traffic control regulations within the City as
specified therein.
Section 2. That Section 28-16 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 28-16. Adoption of the Fort Collins Traffic Code.
(a) Pursuant to the Charter and the laws of the state,there is hereby adopted
the"Fort Collins Traffic Code." The subject matter of the Fort Collins Traffic Code
relates primarily to comprehensive traffic control regulations for the city.
(b) The purpose of this Article and the Fort Collins Traffic Code,as adopted
herein and as subsequently amended, is to provide a system of traffic regulations
consistent with state law and generally conforming to similar regulations throughout
the state and the nation.
(c) Three(3)copies of the Fort Collins Traffic Code adopted herein are filed
in the office of the City Clerk and may be inspected during regular business hours.
The Fort Collins Traffic Code,together with any subsequent amendments thereto,is
adopted as if set out at length and the provisions thereof shall be controlling within
the city.
Section 3. That Section 28-17 of the Code of the City of Fort Collins is hereby repealed
in its entirety.
Section 4. That Section 28-18 of the Code of the City of Fort Collins is hereby
renumbered and amended to read as follows:
Sec. 28-17. Violations and penalties.
(a) It is unlawful for any person to violate any of the provisions of the Fort
Collins Traffic Code as adopted in this Article and as subsequently amended.
(b) Every person convicted of a violation of any provision of the Fort Collins
Traffic Code as adopted or amended shall be punished by a fine not exceeding one
thousand dollars($1,000.00),or by imprisonment not exceeding one year(365)days,
or by both such fine and imprisonment and as provided in Section 1-15.
Section 5. That Section 28-19 of the Code of the City of Fort Collins is hereby
renumbered and amended to read as follows:
Sec. 28-18. Applicability.
This Article shall apply to every street, alley, sidewalk area, driveway, park
and to every other public way or public place or public parking area,either within or
outside the corporate limits of this municipality, the use of which this municipality
has jurisdiction and authority to regulate. The provisions of sections 606, 1211,
1401, 1402, 1409, 1413,and part 16 of the Fort Collins Traffic Code,as adopted and
subsequently amended which refer,respectively to unauthorized devices,limitations
on backing, reckless driving, careless driving, insurance compliance, eluding an
officer and accident investigation,shall apply not only to public places and ways but
throughout the city.
Section 6. That Section 28-20 of the Code of the City of Fort Collins is hereby
renumbered and amended to read as follows:
Sec. 28-19. Construal of provisions.
This Article shall be so interpreted and construed as to effectuate its general
purpose to conform with the state's uniform system for the regulation of vehicles and
traffic. Article and section headings of this Article and adopted Fort Collins Traffic
Code shall not be deemed to govern, limit, modify or in any way affect the scope,
meaning or extent of the provisions of any article or section thereof.
Section 7. That Section 28-21 of the Code of the City of Fort Collins is hereby repealed
in its entirety.
Section 8. That,if any part or parts of this ordinance are for any reason held to be invalid
such decision shall not affect the validity of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each part or parts thereof,
irrespective of the fact that any one part or parts be declared invalid.
Section 9. That existing ordinances, or parts thereof that are inconsistent with the
provisions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent
the prosecution or punishment of any person for any act done or committed in violation of any
ordinance hereby repealed prior to the taking effect of this ordinance.
Section 10. That the current codifier of the Code of the City of Fort Collins is hereby
directed to amend all catchlines, history notes, and references and editor's notes, as well as all
existing cross references in the Chapter 28, Article H of the City Code in accordance with the
provisions of this ordinance.
Section 11. The City Clerk shall certify to the passage of this Article and make three
copies of the adopted Fort Collins Traffic Code available for inspection by the public during regular
business hours.
Section 12. The provisions of Sections 1 through 7 and Sections 9 through 11 of this
Ordinance shall take effect as of 12:01 a.m. on April 1, 2003.
Introduced, considered favorably on first reading and ordered published this 4th day of
February, A.D. 2003, to be presented for final passage on the 18th day of February, A.D. 2003.
Mayor
ATTEST:
1A 'A L
4UL k
City Clerk
Passed and adopted after public hearing and on final reading this 18th day of February, A.D.
2003.
Mayor
ATTEST:
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City Clerk