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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 " (3) Section 17-13, Riding on roadways and bicycle paths, subsections (a) and (b) are hereby repealed and reenacted to read as follows: "Sec. 17-13.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 . 1 9 Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of May, A.D. 1991 . Mayor ATTEST: City Clerk