HomeMy WebLinkAbout098 - 10/20/2009 - AMENDING SECTION 805 OF THE FORT COLLINS TRAFFIC CODE RELATED TO PEDESTRIANS WALKING OR TRAVELING IN ORDINANCE NO. 098, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 805 OF THE FORT COLLINS TRAFFIC CODE
RELATED TO PEDESTRIANS WALKING OR TRAVELING IN A WHEELCHAIR
ON A HIGHWAY
WHEREAS, the Fort Collins Traffic Code prohibits pedestrian use of a bike lane or road
shoulder when sidewalks are available; and
WHEREAS, although the intent of the existing law is to promote safe travel by pedestrians,
it is apparent that there is a need to provide some flexibility to allow pedestrians to use the streets
when the condition of sidewalks deters safe travel; and
WHEREAS, several citizens have requested changes to the Traffic Code that would allow
wheelchair users the option to use on-street bike lanes in lieu of a sidewalk when the condition of
sidewalks is such that travel by wheelchair is difficult or even impossible; and
WHEREAS,pedestrians would have to return to the sidewalk as soon as the condition which
interfered with their travel is no longer present; and
WHEREAS, the City Council finds that the proposed amendments are in the best interests
of the health, safety and welfare of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 805 of the Fort Collins Traffic Code is hereby amended to read as follows:
805. Pedestrians walking or traveling in a wheelchair on highways.
(1) When a pedestrian intends to walk or travel in a wheelchair along or upon a
highway and a sidewalk is provided on the same side of the highway as the
pedestrian, it shall be unlawful for the pedestrian to walk or travel along and
upon the roadway, rather than the sidewalk, except to the extent that a
pedestrian's departure from the sidewalk is reasonably necessary to avoid
sidewalk conditions that would, in the judgment of a reasonably prudent
person having the same abilities and disabilities as the pedestrian and using
the same mode of travel, substantially interfere with the pedestrian's mode
of travel. Such conditions may include but are not limited to the absence of
pavement, the presence of snow or ice, or the presence of uneven or broken
pavement.
(a) Pedestrians walking or traveling in a wheelchair along and upon a
highway where a sidewalk is not provided on the same side of the
highway as the pedestrian or where the sidewalk provided is in a
condition that substantially interferes with the mode of travel used by
the pedestrian, the pedestrian shall walk or travel only within a bike
lane or on a road shoulder, as far as practicable from the edge of the
roadway. Pedestrians must return to the sidewalk as soon as the
condition which substantially interfered with the pedestrian's mode
of travel is no longer present.
(b) Where neither a sidewalk,bike lane or road shoulder is provided,any
pedestrian walking or traveling 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.
(2) No person shall stand in a roadway for the purpose of soliciting a ride from
the driver of any private vehicle. For the purposes of this Subsection (2),
"roadway" means that portion of the road normally used by moving motor
vehicle traffic.
(3) It is unlawful for any person who is under the influence of alcohol or of any
controlled substance, as defined in Section 12-22-303 (7), C.R.S., or of any
stupefying drug to walk or be upon that portion of any highway normally
used by moving motor vehicle traffic, including bike lanes.
(4) This Section applying to pedestrians shall also be applicable to riders of
animals.
(5) The City may, by ordinance, regulate the use by pedestrians of streets and
highways under its jurisdiction to the extent authorized under Subsection(6)
of this Section and Sections 42-4-110 and 42-4-1 I L C.R.S.,but no ordinance
regulating such use of streets and highways in a manner differing from this
Section shall be effective until official signs or devices giving notice thereof
have been placed as required by Section 42-4-111 (2), C.R.S.
(6) No person shall solicit a ride on any highway included in the interstate
system, as defined in Section 43-2-101 (2), C.R.S., except at an entrance to
or exit from such highway or at places specifically designated by the
Colorado Department of Transportation; or, in an emergency affecting a
vehicle or its operation,a driver or passenger of a disabled vehicle may solicit
a ride on any highway.
(7) Pedestrians shall only be picked up where there is adequate road space for
J vehicles to pull off and not endanger and impede the flow of traffic.
(8) Upon the immediate approach of an authorized emergency vehicle making
use of audible and visual signals meeting the requirements of Section 213 or
of a police vehicle properly and lawfully making use of an audible signal
only, every pedestrian shall yield the right-of-way to the authorized
emergency vehicle and shall leave the roadway and remain off the same until
the authorized emergency vehicle has passed,except when otherwise directed
by a police officer. This Subsection (8) shall not relieve the driver of an
authorized emergency vehicle from the duty to use due care as provided in
Sections 107(4) and 807.
Introduced, considered favorably on first reading, and ordered published this 6th day of
October, A.D. 2009, and to be presented for final passage on t t day of October, A.D. 2009.
Mayor
"ATTEST:
City Clerk
Passed and adopted on final reading on the 20th day of Oct A.D. 2009.
Mayo
ATTEST:
City Clerk