HomeMy WebLinkAbout082 - 07/02/2019 - AMENDING THE TRAFFIC CODE RELATING TO ELECTRIC SCOOTERSORDINANCE NO. 082, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE FORT COLLINS TRAFFIC CODE
RELATING TO ELECTRIC SCOOTERS
WHEREAS, at the time of the adoption of the Traffic Code, it was the understanding of
staff and the City Council that the Traffic Code would most likely be subject to future amendments;
not only for the purposes of clarification and correction of errors,but also to ensure that the Traffic
Code remains consistent with state law; and
WHEREAS, during the 2019 legislative session, the Colorado General Assembly passed
House Bill 19-1221, which amends Colorado's Uniform Motor Vehicle Law to add a definition
for the term"electric scooter"and sets forth provisions relating to the operation of electric scooters
on streets and highways;and
WHEREAS, the City Council wishes to make amendments to the City of Fort Collins
Traffic Code consistent with House Bill 19-1221,except where the City has determined that it is
in the public interest, and promotes the health, safety and welfare of the citizens of the City of Fort
Collins to make local amendments to how electric scooters may operate or park on streets and
highways within the City.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 223 of the Traffic Code is hereby amended to read as follows:
223..- Brakes.
1) Brake equipment required:
a) Every motor vehicle, other than a motorcycle, electrical assisted bicycle,
electric scooter or low-power scooter, when operated upon a highway shall
be equipped with brakes adequate to control the movement of and to stop
and hold such vehicle, including two (2) separate means of applying the
brakes, each of which means shall be effective to apply the brakes to at least
two (2) Wheels. If these two (2) separate means of applying the brakes are
connected in any way, they shall be so constructed that failure of any one
1) part of the operating mechanism shall not leave the motor vehicle
without brakes on at least two (2) wheels.
i
1-
b) Every motorcycle and low-power scooter, when operated upon a highway,
shall be equipped with at least one (1) brake, which may be operated by
hand or foot.
c) Every trailer or semi-trailer of a gross weight of three thousand (3,000)
pounds or more, when operated upon a highway, shall be equipped with
brakes adequate to control the movement of and to stop and to hold such
vehicle and so designed as to be applied by the driver of the towing motor
vehicle from the cab, and said brakes shall be so designed and connected
that, in case of an accidental breakaway of the towed vehicle, the brakes
shall be automatically applied. The provisions of this Paragraph (c) shall
not be applicable to any trailer which does not meet the definition of
commercial vehicle" as that term is defined Paragraph 235(l)(a)and which
is owned by a farmer when transporting agricultural products produced on
the owner's farm or supplies back to the farm of the owner of the trailer,
tank trailers not exceeding ten thousand (10,000)pounds gross weight used
solely for transporting liquid fertilizer or gaseous fertilizer under pressure,
or distributor trailers not exceeding ten thousand (10,000) pounds gross
Weight used solely for transporting and distributing dry fertilizer when
hauled by a truck capable of stopping within the distance specified in
Subsection (2) of this Section.
d) Every motor vehicle, trailer or semi-trailer constructed or sold in this state
or operated upon the highways shall be equipped with service brakes upon
all wheels of every such vehicle; except that:
I) Any trailer or semi-trailer of less than three thousand(3,000)pounds
gross weight, or any horse trailer of a capacity of two (2) horses or
less, or any trailer which does not meet the definition of
commercial vehicle" as that term is defined in Section 235.(1)(a)and
which is owned by a farmer when transporting agricultural products
produced on the owner's farm or supplies back to the farm of the
owner of the trailer, or tank trailers not exceeding ten thousand
10,000) pounds gross weight used solely for transporting liquid
fertilizer or gaseous fertilizer under pressure, or distributor trailers
not exceeding ten thousand (10,000) pounds gross weight used
solely for transporting and distributing dry fertilizer when hauled by
a truck capable of stopping with a loaded trailer attached in the
distance specified by Subsection (2) of this Section need not be
equipped with brakes, and-any two-wheel motor vehicle need have
brakes on only one (1) wheel.
11) Any truck or truck tractor manufactured before July 25, 1980, and
having three (3) or more axles, need not have brakes on the wheels
of the front or tandem steering axles if the brakes on the other wheels
2-
meet the performance requirements of Subsection (2) of this
Section.
lII) Every trailer or semi-trailer of three thousand (3,000) pounds or
more gross weight must have brakes on all wheels.
e) Provisions of this Subsection (1) shall not apply to manufactured homes.
2) Performance ability of brakes:
a) The service brakes upon any motor vehicle or combination of vehicles shall
be adequate to stop such vehicle when traveling twenty(20)miles per hour
within a distance of forty (40) feet when upon dry asphalt or concrete
pavement surface free from loose material where the grade does not exceed
one (1)percent.
b) Under the conditions stated in Paragraph(a)of this Subsection (2),the hand
brakes shall be adequate to stop such vehicle within a distance of fifty-five
55) feet, and said hand brake shall be adequate to hold such vehicle
stationary on any grade upon which operated.
c) Under the conditions stated in Paragraph (a) of this Subsection (2), the
service brakes upon a motor vehicle equipped with two-wheel brakes only,
when permitted under this Section, shall be adequate to stop the vehicle
within a distance of fifty-five (55) feet.
d) All braking distances specified in this Section shall apply to all vehicles
mentioned, whether such vehicles are not loaded or are loaded to the
maximum capacity permitted under this Title.
e) All brakes shall be maintained in good working order and shall be so
adjusted as to operate as equally as possible with respect to the wheels on
opposite sides of the vehicle.
Section 3. That Section 234 of the Traffic Code is hereby amended to read as follows:
234. - Slow-moving vehicles display of emblem.
1) (a) All machinery, equipment and vehicles, except bicycles, electrical assisted
bicycles, electric scooters and other human-powered vehicles, designed to
operate or normally operated at a speed of less than twenty-five (25) miles
per hour on a public highway shall display a triangular slow-moving vehicle
emblem on the rear..
3-
b) Bicycles, electrical assisted bicycles, electric scooters and other human-
powered vehicles and neighborhood electric vehicles shall be permitted but
not required to display the emblem specified in this Subsection (1).
2) The Executive Director of the State Department of Revenue shall adopt standards
and specifications for such emblem, position of the mounting thereof and
requirements for certification of conformance with the standards and sPecif cations
adopted by She American Society of Agricultural Engineers concerning such
emblems. The requirements of such emblem shall be in addition to any lighting
device required by law.
3) The use of the emblem required under this Section shall be restricted to the use
specified in Subsection (1) of this Section, and its use on any other type of
he
or stationary object shall be prohibited.
Section 4. That Section 503 of the Traffic Code is hereby amended to read as follows:
503. -Projecting loads on vehicles.
1) No passenger type vehicle, except a motorcycle, bicycle, electrical assisted bicycle
or electric scooter, shall be operated on any highway with any load carried thereon
extending beyond the line of the fenders on the left side of such vehicle nor
extending more than six (6) inches beyond the line of the fenders on the right side
thereof.
2) The load upon any vehicle operated alone or the load upon the front vehicle of a
combination of vehicles shall not extend beyond the front wheels of such vehicles
or vehicle or the front most point of the grill of such vehicle;but a load may project
not more than four (4) feet beyond the front most point of the grill assembly of the
vehicle engine compartment of such a vehicle at a point above the cab of the driver's
compartment so long as that part of any load projecting ahead of the rear of the cab
or driver's compartment shall be so loaded as not to obscure the vision of the driver
to the front or to either side.
3) It is unlawful for any person to operate a vehicle or a motor vehicle which has
attached thereto in any manner any chain, rope, wire or other equipment which
drags, swings or projects in any manner so as to endanger the person or property of
another.
Section 5. That Section 710 of the Traffic Code is hereby amended to read as follows:
710. Emerging from or entering alley, driveway or building.
1) The driver of a vehicle emerging from an alley, driveway, building, parking lot or
otherplace, immediately prior to driving onto a sidewalk or into the sidewalk area
extending across any such alleyway,driveway or entranceway, shall yield the right-
4-
of-way to any pedestrian upon or about to enter such sidewalk or sidewalk area
extending across such alleyway, driveway or entranceway, as may be necessary to
avoid collision,and when entering the roadway shall comply with the provisions of
Section 704.
2) The, driver of a vehicle entering an alley, driveway or entranceway shall yield the
right-of-way to any pedestrian within or about to enter the sidewalk or sidewalk
area extending across such alleyway, driveway or entranceway.
3) No person shall drive any vehicle other than a bicycle, electrical assisted bicycle,
electric scooter or any other human-powered vehicle upon a sidewalk orrsidewalk
area, except upon a permanent or duly authorized temporary driveway:
Section 6. That Section 1204 of the Traffic Code is hereby amended to read as follows:
1204.- Stopping,standing or parking prohibited in specified places,.
1) Except as otherwise provided in Subsection(4)of this Section,no personshall stop,
stand or park a vehicle except when necessary to avoid conflict with other traffic,
or in compliance with the directions of a police officer, emergency services
personnel or official traffic control device, in any of the following places:
a) On a sidewalk;
b) Within an intersection;
c) On a crosswalk;
d) Between a safety zone and the adjacent curb or within thirty (30) feet of
points on the curb immediately opposite the ends of a safety zone, unless
the traffic authority indicates a different length by signs or markings
e) Alongside or opposite any street excavation or obstruction when stopping,
standing or parking would obstruct traffic;
f) On the roadway side of any vehicle stopped or parked at the edge or curb of
a street;
g) Upon any bridge or other elevated structure upon a highway or within a
highway tunnel;
h) On any railroad tracks;
i) On any controlled-access highway;
j) In the area between roadways of a divided highway, including crossovers;
5
k) At any other place where official signs prohibit stopping.
1) Upon any part of any sidewalk,grass strip, median or any other street right-
of-way between the curb and the property line, except law enforcement,
emergency services personnel or utility vehicles in the course of their
official duties.
2) Except as otherwise provided in Subsection (4) of this Section, in addition to the
restrictions specified in Subsection(1)of this Section, no person shall.stand or park
a vehicle; except when necessary to avoid conflict with other traffic or in
compliance with the directions of a police officer, emergency services personnel,
or an official traffic control device, in any of the following places:
a). Within five (5)feet of a public or private driveway; except
I) Buses engaged as common carriers, school busses or taxicabs may
stop in such locations to load and unload passengers.
Il) Vehicles being expeditiously loaded and unloaded,provided that the
vehicle's flashing emergency lights are activated and the vehicle is
not obstructing traffic.
b) Within fifteen (15) feet of a fire hydrant;
c) Within twenty (20) feet of a crosswalk;
d) Within thirty (30) feet upon the.approach to any flashing beacon or signal,
stop sign, yield sign or traffic control signal located at the side of a roadway;
e) Within twenty (20) feet of the driveway entrance to any fire station or on
the side of a street opposite the entrance to any fire station, within seventy-
five (75) feet of said entrance when properly signposted;
f) With less than two (2) feet of clearance between vehicles;
g) At any other place where official signs or red curb markings are used to
prohibit standing or parking.
For purposes of this Subsection (2) and the following Subsection (3), all
measurements shall be calculated laterally along the curb or edge of the roadway.
3) In addition to the restrictions specified in Subsections (1) and (2) of this Section,
no person shall park a vehicle, except when necessary to avoid conflict with other
traffic or in compliance with the directions of a police officer or official traffic
control device, in any of the following places:.
6-
a) Within fifty (50) feet of the nearest rail of a railroad crossing.
b) At any other place where official signs prohibit parking.
c) To park any vehicle other than an authorized vehicle in any area designated
and marked for such use.
d) Where t lane has been established on a roadway as a bicycle lane pursuant
to Subsection 1013.
4) (a) Paragraph (a) of Subsection (1) of this Section shall not prohibit persons
from.parking bicycles, electrical assisted bicycles or electric scooters on
sidewalks in accordance with the provisions of Section 2106.
b) Paragraph (f) of Subsection (1) of this Section shall not prohibit persons
from parking two(2)or more bicycles,electrical assisted bicycles or electric
scooters abreast in accordance with the provisions of Section 2104(1)(a)and
1)(b).
c) Paragraphs (a), (c) and (d) of Subsection(2) of this Section shall not apply
to bicycles, electrical assisted bicycles or electric scooters parked on
sidewalks in accordance with Section 2108.
5) No person shall move a vehicle not lawfully under his or her control into any such
prohibited area or away from a curb such distance as is unlawful.
6) (a) No person shall park or direct another person to park a vehicle in a block
face or a public parking lot for a period in excess of any time restriction
established for parking in the block face or public parking.
b) Unless permission from the Parking Services Manager or designee has been
granted, no person shall, after having vacated a time-restricted parking
space in a lot or block face,return and park or direct another person to return
and park the same vehicle in the same lot or block face within a four-hour
period thereafter,regardless of whether or not the maximum time restriction
has elapsed.
Section 7.. That Section 1407.5 of the Traffic Code is hereby amended to read as
follows:
14075 - Splash guards -when required.
1) As used in this Section, unless the context otherwise requires:
7
a) Splash guard means mud flaps, rubber, plastic or fabric aprons, or other
devices directly behind the rear-most wheels, designed to minimize the
spray of water and other substances to the rear.
b) Splash guards must, at a minimum, be wide enough to cover the full tread
of the tires being protected, hang perpendicular from the vehicle not more
than ten (10) inches above the surface to the street or highway when the
vehicle is empty, and generally maintain their perpendicular relationship
under normal driving conditions.
2) Except as otherwise permitted in this Section, no vehicle or motor vehicle shall be
driven or moved on any street or highway unless the vehicle is equipped with splash
guards.
3) This Section does not apply to:
a) Passenger-carrying motor vehicles registered pursuant to Section 42-3-
134(4), C.R,S.;
b) Trucks and truck tractors registered pursuant to Section 42-3-134(12) or
13), C.R.S., having an empty weight of ten thousand (10,000) pounds or
less;
c) Trailers equipped with fenders or utility pole trailers;
d) Vehicles while involved in chip and seal or paving operations or road
widening equipment;
e) Truck tractors or converter dollies when used in combination with other
vehicles;
f) Vehicles drawn by animals; or
g) Bicycles, electrical assisted bicycles or electric scooters.
Section 8. That Section 2002 of the Traffic Code is hereby amended by the addition of
a new definition "electric scooter" which reads in its entirety as follows and all subsequent
definitions renumbered accordingly:
11) Electric scooter, A device weighing less than one hundred (100). pounds with
handlebars and an electric motor that is powered by an electric motor and that has
a maximum speed of twenty (20) miles per hour on a paved level surface when
powered solely by the electric motion. Electric scooter does not include an
electrical assisted bicycle, electric personal assistance mobility device(EPAMD),
motorcycle, or loiv-power scooter.
8-
Section 9. That the definition of "Low-power scooter" contained in Section 2002 of
the Traffic Code is hereby amended to read as follows:
14) Low-power scooter. A self-propelled vehicle designed primarily for use on the
roadways with not more than three(3)wheels in contact with the ground,no manual
clutch and either of the following:
a) a cylinder capacity not exceeding fifty (50) cubic centimeters if powered by
internal combustion; or
b) a wattage not exceeding four thousand four hundred seventy-six (4,476) if
powered by electricity.
Low-power scooter does not include a toy vehicle, bicycle, electrical assisted
bicycle, electric scooter, wheelchair or any device designed to assist people with
mobility impairments who use pedestrian rights-of-way.
Section 10: That the definition"Motor vehicle"contained in Section 2002 of the Traffic
Code is hereby amended to read as follows:
16) Motor vehicle. Any self-propelled vehicle that is designed primarily for travel on
the public highways and that is generally and commonly used to transport persons
and property over the public highways or a low-speed electric vehicle; except that
the term does not include electrical assisted bicycles, electric scooter, low-power
scooters, wheelchairs or vehicles moved solely by human power. For purposes of
the offense described in section 1401 of this Traffic Code, motor vehicle includes
a farm tractor or an off-highway vehicle that is not otherwise classified as a motor
vehicle.
Section 11. That the definition "Toy vehicle" contained in Section 2002 of the Traffic
Code is hereby amended to read as follows:
38) Toy vehicle. Any vehicle, whether or not home-built by the user, that has wheels
with an outside diameter of not more than fourteen (14)inches and is not designed,
approved or intended for use on public roadways or highways or for off-road use..
Toy vehicle includes, but is not limited to, gas-powered or electric-powered
vehicles, commonly known-as mini bikes, "pocket" bikes, kamikaze boards, go-
peds and stand-tip scooters. Toy vehicle does not include electric scooters, off-
highway vehicles or snowmobiles.
Section 12. That the definition"Vehicle"contained in Section 2002 of the Traffic Code
is hereby amended to read as follows:
44) Vehicle. A device that is capable of moving itself, or being moved, from place to
place upon wheels or endless tracks. Vehicle includes a bicycle, electrical assisted
bicycle, electric scooter, or electric personal assistance mobility device (EPAMD),
but does not include a wheelchair, off-highway vehicle, snowmobile, farm tractor
9-
l
or implement of husbandry designed.primarily or exclusively for use and used in
agricultural operations-, or any device moved exclusively over stationary rails or
tracks, or designed to move primarily through the air.
Section 13. That Section 2101 of the Traffic Code is hereby amended to read as follows:
2101. - General provisions.
1) Every person riding a bicycle, electrical assisted bicycle or electric scooter upon a
roadway where bicycle, electrical assisted bicycle and electric scooter 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 bicycle, electrical assisted bicycle and electric
scooter 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; electrical assisted bicycle or electric scooter riders, such term shall include
bicycles, electrical assisted bicycles and electric scooters.
a) These regulations not in conflict with the Rules and Regulations
promulgated by Colorado State University pursuant to Sections 23-5-106
and 101, 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.
2) All persons are prohibited from riding electrical assisted bicycles while the motor
is engaged, or riding an electric scooter, on a bike or pedestrian path or on a
recreational trail unless otherwise authorized by the City Code.
3) Persons prohibited from operating or riding a class 3 electrical assisted bicycle upon
roadways:
a) A person under sixteen (16) years of age shall not ride a class 3 electrical
assisted bicycle upon any street or highway; except that such person may
ride as a passenger on a class 3 electrical assisted bicycle that is designed to
accommodate passengers.
b) A person shall not operate or ride as a passenger on a class 3 electrical
assisted bicycle unless:
1) each person under eighteen (18) years of age is wearing a protective
helmet of a type and design manufactured for use by operators of
bicycles;
10-
II) the protective helmet conforms to the design and specifications set
forth by the United States Consumer Product Safety Commission or
the American Society for Testing and Materials; and
III) the protective helmet is secured properly on the person's head with
a chin strap while the class 3 electrical assisted bicycle is in motion.
Section 14. That Section 2102 of the Traffic Code is hereby amended to read as follows:
2102:,- Reckless and.careless riding.
1) A person who drives any bicycle, electrical assisted bicycle or electric 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 riding. A person convicted of reckless
riding of a bicycle, electrical assisted bicycle or electric scooter shall not be subject
to the provisions of Section 42-2-127, C.R.S.
2) A person who drives a bicycle, electrical assisted bicycle or electric 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 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.
Section 15.. That Section 2103 of the Traffic Code is hereby amended to read as follows:
2103. - Left place of safety.
No person shall suddenly leave a curb or other place of safety and ride a bicycle, electrical
assisted bicycle or electric scooter into the path of a moving vehicle that is so close as to
constitute an immediate hazard.
Section 16. That Section 2104 of the Traffic Code is hereby amended to read as follows:
2104. - Lane usage.
1) (a) Persons riding a bicycle, electrical assisted bicycle or electric scooter 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 a bicycle, electrical assisted bicycle or electric scooter two
2) abreast shall not impede the normal and reasonable movement of traffic
and, on a laned roadway, shall ride within a single lane.
11-
2) (a) Any person operating a bicycle,electrical assisted bicycle or electric scooter
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 or operator of an
electric scooter shall ride far enough to the right as is reasonably
prudent to facilitate the movement of such overtaking vehicle unless
other conditions make it unsafe to do so.
II) A bicyclist or operator of an electric scooter 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 or operator of an
electric scooter may ride on the left-hand portion of the dedicated
right-turn lane even if the bicyclist or operator of an electric scooter
does not intend to turn right.
b) A bicyclist or operator of an electric scooter 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 or operator of an electric scooter 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 or operator of an
electric scooter shall ride as far to the left as is reasonably prudent
12-
to facilitate the movement of such overtaking vehicles unless other
conditions make it unsafe to do so.
II) A bicyclist or operator of an electric scooter 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, bicycles, pedestrians, animals, surface
hazards or narrow lanes; or
B) Ride without a reasonable safety margin on the left-hand
side of the roadway.
Section 17. That Section 2105 of the Traffic Code is hereby amended to read as follows.
21.05. - 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, electrical assisted bicycle or electric scooter 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, electrical assisted bicycle or electric scooter before turning
and shall be given while the bicycle, electrical assisted bicycle or electric
scooter 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, electrical assisted bicycle or electric scooter
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, electrical assisted bicycle or electric scooter
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 or operator of an electric scooter shall stop, as
much as practicable, out of the way of traffic. After stopping, the bicyclist
or operator of an electric scooter 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
13-
officer regulating traffic on the highway :along which the bicyclist or
operator of an electric scooter intends to proceed, the bicyclist or operator
of an electric scooter 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, electrical assisted bicycles or electric
scooters shall obey the directions"of every such device.
Section 18. That Section.2106 of the Traffic Code is hereby amended to read as follows:
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,electrical assisted bicycle,shared mobility,as that
term is defined in City Code Section 24-178,device or electric scooter 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,electrical assisted bicycle, shared mobility
device, or electric scooter upon and along a sidewalk or across a roadway
upon and along a crosswalk where such use of a bicycles,electrical assisted
bicycle or electric scooter is prohibited by official traffic control devices,
signs designating a dismount zone, or local ordinances. A person riding a
bicycle or electric assisted bicycle shall dismount before entering any
crosswalk where required by official traffic control devices or ordinance. A
person riding a shared mobility device, toy vehicle or electric scooter shall
dismount before entering any crosswalk.
c) A person riding or walking a bicycle, electrical assisted bicycle or electric
scooter 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) 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 crosswalk, except
14-
When the low-power scooter operator has dismounted the low-power
scooter and is walking the low-power scooter under human power.
3) The rider of an electrical assisted bicycle shall not use the electrical motor on bike
or pedestrian path or on a recreational trail unless otherwise authorized by the City
Code.
Section 19. That Section 2107 of the Traffic Code is hereby amended to read as follows:
2107. - Lights,reflectors and equipment.
1) Every bicycle, electrical assisted bicycle or electric scooter 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.
2) Every bicycle, electrical assisted bicycle or electric scooter 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,electrical assisted bicycle or electric scooter 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, electrical assisted bicycle or electric scooter shall be equipped with
a brake or brakes that will enable its rider to stop the bicycle, electrical assisted
bicycle or electric scooter within twenty-five (25) feet from a speed of ten (10)
miles per hour:oir dry, level, clean pavement..
5) A bicycle, electrical assisted bicycle or electric scooter 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,electrical assisted bicycle or electric scooter shall be equipped with,nor
shall any person use upon such a vehicle, a siren or whistle.
7) A person shall not knowingly modify an electrical assisted bicycle or electric
scooter so as to change the speed capability or motorengagemem of the electrical
assisted bicycle or electric scooter without also appropriately replacing, or causing
to be replaced, the manufacturer or distributor label;which is required after January
1, 2018, that contains the classification number, top assisted speed, and motor
wattage of the electrical assisted bicycle or electric scooter.
15-
8) An electrical assisted bicycle must comply with the equipment and manufacturing
requirements for bicycles adopted by the United States Consumer Safety
Commission and Codified at 16 CFR 1512 or its successor regulation.
9) A class 2 electrical assisted bicycle must operate in a manner so that the electric
motor is disengaged or ceases to function when the brakes are applied. Class 1 and
Class 3 electrical assisted bicycles must be equipped with a mechanism or circuit
that cannot be bypassed and that causes the electric motor to disengage or cease to
function when the rider stops pedaling.
10) A class 3; electrical assisted bicycle must be equipped with a speedometer that
displays, in miles per hour, the speed the electrical assisted bicycle is traveling.
Section W. That Section 2108 of the Traffic Code is hereby amended to read as follows:.
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.
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.
f) Electric scooters may park only in conformance with Section 24-179 of the
City Code.
Section 21. That Section 2109 of the Traffic Code is hereby amended to read as follows:
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.
16-
2) No bicycle, electrical assisted bicycle or electric scooter 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, electrical assisted bicycle or electric scooter
shall attach the same or himself or herself to any motor vehicle upon a roadway.
4) A bicycle, electrical assisted bicycle or electric scooter shall not be equipped with,
nor shall any person use upon a bicycle, electrical assisted bicycle or electric
scooter, any siren or whistle..
5) A person operating a bicycle, electrical assisted bicycle or electric scooter shall
keep at least one(1)hand.on the handlebars at all times.
Section 22. That Section 2110 of the Traffic Code is hereby amended to read as follows:
2110.-Regulatory.
1) A person engaged in the business of selling bicycles, electrical assisted bicycles or
electric scooters at retail shall not sell any bicycle, electrical assisted bicycle or
electric scooter unless the bicycle, electrical assisted bicycle or electric scooter has
an identifying number permanently stamped or,cast on its frame.
2) For the sake of uniformity of bicycle, electrical assisted bicycle or electric scooter
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,electrical assisted
bicycle and electric scooter 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, electrical assisted
bicycles or electric scooters. 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 (1/a) mile of the right-of-way
of heavily traveled streets and highways, the Colorado Department of
Transportation may, subject to the provisions of 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, electric scooter, animal rider, animal-drawn
conveyance or other class or kind of nonmotoiized traffic which is found to be
incompatible with the normal and safe movement of traffic, and, upon such a
17-
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 4th day of
June, A.D. 2019, and to be presented for final passage on the 2nd day of July, A.D. 2019.
Mayor Pro Tern
ATTEST:
O FO......
j 5A
VityCl
Passed and adopted on final reading on the 2nd day of July, A.D. 2019.
Mayor
ATTEST:
OF FORT.
f
City CjVkSEAL .'•`"
CO[ORP O
18-