HomeMy WebLinkAbout006 - 02/07/1995 - AMENDING CITY CODE RELATING TO CHANGES IN THE STATUTORY CITATION NUMBERS IN THE MODEL TRAFFIC CODE F ORDINANCE NO. 6, 1995
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 28-17 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO CHANGES IN THE STATUTORY CITATION NUMBERS
IN 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, it is therefore necessary to amend the 1977 edition of the Model Traffic Code
for Colorado Municipalities (the "MTC") that has been adopted by reference into the City Code,
pursuant to Section 28-16 of the Code of the City of Fort Collins, in order to change the numbering
of the various statutory citations found in the MTC.
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, in numerical sequence with previous amendments and additions contained in Section 28-17,
to read as follows:
Section 1. That(27)Section 22-20, Authority to impound or immobilize vehicles;prohibited
acts, subsections (a)(1) c., (b)and(c) of the Code of the City are hereby amended to read as follows:
"c. Any vehicle left unattended on public property,
including any portion of a street or highway right-of-
way, within the municipality that is not registered or
does not have a license plate with a current
registration sticker attached thereto in violation of
Section 42-3-133, C.R.S., except as provided for in
Section 42-3-128, C.R.S.; or
"(b) No person shall abandon any vehicle upon public property or
upon private property other than his or her own. Abandoned vehicles
may be towed and impounded in accordance with the provisions of
Title 42, Article 4, Part 18, C.R.S.
"(c) Whenever any police officer finds a vehicle, attended or
unattended,standing upon any portion of a street or highway right-of-
way within this municipality in such a manner as to constitute a
violation of section 10-5 of this code, such officer is authorized to
cause the vehicle to be moved to eliminate any such obstruction or to
tow and impound the vehicle in accordance with the provisions of
Title 42, Article 4, Part-18, C.R.S.
Section 2. That(28)Section 22-21, Disposal of abandoned vehicle, of the Code of the City
is hereby amended to read as follows:
"Sec. 22-21. Storage and disposal of abandoned and illegally parked vehicles. -
Vehicles removed from public or private property within this municipality and placed
in storage as provided in section 22-20 of this code shall be stored and disposed of
in accordance with the provisions of Title 42, Article 4, Part 18, C.R.S."
Section 3. That(29)Section 25-2, Definitions relating to vehicles and traffic, subsection(1)
of the Code of the City is 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) 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.
Section 4. That subsection(e) of MTC Sec. 15-12,Unauthorized signs, signals or markings,
is hereby amended to read as follows:
(e) The provisions of this section shall not be applicable to
informational sites authorized under section 43-1-405, C.R.S.1973 as
amended.
Section 5. That subsection(a)of MTC Sec. 18-2, Size and weight restrictions-applicability,
is hereby amended to read as follows:
Sec. 18-2. Size and weight restrictions - applicability. -(a)It is unlawful for
any person to drive or move or for the owner to cause or knowingly permit to be
driven or moved on any street or highway within this municipality any vehicle or
vehicles of a size, weight, and load exceeding the limitations described in this article
and in sections 42-4-501 through 42-4-512, 42-4-106, and 42-4-1407 C.R.S. 1973
as amended, or otherwise in violation of said sections, except as permitted in section
42-4-510 C.R.S. 1973 as amended.
Section 6. That subsection (g) of MTC Sec. 18-11, Permits for excess size and weight, is
hereby amended to read as follows:
(g) No permit shall be necessary for the operation of authorized emergency
vehicles,public transportation vehicles operated by municipalities or other political
subdivisions of the state, implements of husbandry, and farm tractors temporarily
2
moved upon the highway,including transportation of such tractors or implements by
a person dealing therein to his place of business within the state or to the premises
of a purchaser or prospective purchaser within the state, nor shall such vehicle be
subject to the size and weight provisions of Title 42, Article 4, Part 5, C.R.S. as
amended.
Section 7. That subsections(a)and(b) of MTC Sec. 19-2,Lights,brakes, and other required
equipment, are hereby amended to read as follows:
(a) It is unlawful for any person to drive or move or for the owner to
cause or knowingly permit to be driven or moved on any street or highway within
this municipality any vehicle or combination of vehicles which does not contain
those parts or is not at all times equipped with such lamps, reflectors,brakes, horn
and other warning and signaling devices,mirrors, safety glass,mufflers,fenders,tires
and other equipment,kept in proper condition and adjustment as required in 42-4-202
and 42-4-204 through 42-4-230 C.R.S. 1973 as amended or which is equipped in
any manner in violation of said sections, or for any person to do any act forbidden
or fail to perform any act required by and under said sections.
(b) The provisions of 42-4-202 and 42-4-204 through 42-4-230 C.R.S.
1973 as amended with respect to equipment on vehicles shall not apply to
implements of husbandry or farm tractors except as therein made applicable or to
certain road machinery exempted by the Colorado Department of Revenue as
provided by the laws of the State of Colorado.
Section 8. That subsection (b) of MTC Sec. 21-12, Operation of vehicles in street or
highway work areas, is hereby amended to read as follows:
(b) The driver of a vehicle shall yield the right-of-way to any authorized
service vehicle engaged in work upon a street or highway whenever such vehicle
displays flashing lights meeting the requirements of section 42-4-214 C.R.S. 1973
as amended.
Section 9. That subsections (a)and(b)of MTC Sec. 22-22,Records of traffic cases, are
hereby amended to read as follows:
(a) Pursuant to 42-4-1715 C.R.S. 1973 every magistrate or other court
shall keep or cause to be kept a full record of every case in which a person is charged
with any violation of any of the traffic ordinances of this municipality.
(b) Pursuant to 42-2-124 and 42-4-1715 C.R.S. 1973 as amended, every
court having jurisdiction over offenses committed under the traffic ordinances of this
municipality shall forward to the State Department of Revenue a record of the
3
conviction of any person in said court for a violation of any said laws or ordinances
after such conviction provided that report need not be made of any conviction
involving illegal parking or standing of a vehicle.
Section 10. That subsection(3) of MTC Sec. 24-2,Duties of Traffic Violations Bureau,
is hereby amended to read as follows:
(3) They shall,in behalf of the court, forward to the State Department of
Revenue as required by 42-2-124 C.R.S. 1973 as amended,a record of the conviction
of any person in said court for a violation of any of the traffic ordinances of this
municipality or any of the traffic laws of the State subject to the point system
schedule provided by law.
Introduced,considered favorably on first reading, and ordered published this 17th day of January,
A.D. 1995, and to be presented for final passage on the 7th day Pary, A.D.
n
ayor
ATTEST:
{� City Cler
Passed and adopted on final reading this 7th day of Febru 1995.
L-Kfayor �-
ATTEST:
City Clerk
4