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HomeMy WebLinkAbout031 - 06/06/1995 - AMENDING CITY CODE RELATING TO CHANGES IN MISCELLANEOUS PROVISIONS OF THE MODEL TRAFFIC CODE FOR COL ORDINANCE NO. 31, 1995 OF THE COUNCIL OF TILE CITY OF FORT COLLINS AMENDING SECTION 28-17 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO CHANGES IN MISCELLANEOUS PROVISIONS OF 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, Senate Bill 94-001 also amended several provisions of Title 42 relating to defining persons using wheelchairs as "pedestrians," relating to obedience to railroad signals and stopping at railroad crossings, and concerning vehicles having a green light turning tight at an intersection yielding the right-of-way to pedestrians in adjacent crosswalks; and WHEREAS, it is in the best interest of the health, safely and welfare of the citizens of Fort Collins that such amendments be made to the 1977 edition of the Model Traffic Code for Colorado Municipalities as adopted and amended in the City Code. 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 (the "MTC"), in numerical sequence with previous amendments and additions contained in Section 28-17, to read as follows: Section 1. That Section 28-17 (29)Section 25-2, Definitions relating to vehicles and traffic, subsections (1) and (um) of the Code of the City are 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), wheelchairs as defined by subsection (oo) of this Section, 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. (nn) Vehicle. Any device which is capable of moving itself, or being moved, front place to place upon wheels or endless tracks. 'Vehicle' includes any bicycle or motorized bicycle, but such term does not include any wheelchair as defined by subsection (oo) of this section, or any off-highway vehicle (as defined in SW, ion 33-14.5-Ifll[3l,C'.R.S,),_uiy_snowinobile,<my_ftuin triwAor octury_impiciieall_ 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 novel exclusively over stationary rails or tracks, or designed to move primarily through the air. Section 2. That MTC Section 3.2, Obedience to railroad signal, is hereby amended to read as follows: Section 3-2. Obedience to railroad signal. (a) Any driver of a motor vehicle approaching a railroad crossing sign shall slow down to a speed that is reasonable and safe for the existing conditions. if required to stop for a traffic control device, flagperson, or safety before crossing the railroad grade crossing, the driver shall stop at the marked stop line, if any. K no such stop line exists, the following shall apply: (1) The driver steal I stop not less than fifteen feet nor more than fifty feet from the nearest rail of the railroad grade crossing and shall not proceed until the railroad grade can be crossed safely; or (2) In the event the driver would not have a reasonable view of approaching trains when slopped pursuant to subsection (1) of this subsection (a), the driver shall stop before proceeding across the railroad grade crossing at the point nearest such crossing where the driver has a reasonable view of approaching trains and shall not proceed until the railroad grade can be crossed safely. (b) No person shall drive any vehicle through,around,or under any crossing gate or barrier at a railroad crossing while such gate or harrier is closed or is being opened or closed, nor shall any pedestrian pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed. Section 3. That subsection (a) of MTC Section 3-3, Certain vehicles must slop at railroad grade crossings, is hereby amended to read as follows: (a) Except as otherwise provided in this section, the driver of any motor vehicle carrying more than six passengers for hire, or of any school bus carrying any schoolchild, or of any vehicle carrying hazardous materials which is required to be placarded in accordance with stale regulations issued pursuant to Section 42-4- 707(5), CURIS, before crossing at grade any tracks of a railroad, shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a pain and shall not proceed until the driver can do so safely. 2 Section 4. That subsection (a)(F) of NITC-Section 15-S, Traffic control signal legend, is hereby amended to read as follows: (a) Green indication: (1) Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn; but vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection and to pedestrians lawfully within an adjacent crosswalk at the time such signal is exhibited. Section 5. That subsections (a), (b) and (d)of MTC Section 16-7,Walking along roadways, hitchhiking, are hereby amended to read as follows: (a) Where sidewalks are provided it shall be unlawful for any pedestrian to walk or travel in a wheelchair along and upon an adjacent roadway. (b) Pedestrians walking or travelling in a wheelchair along and upon highways where sidewalks are not provided shall walk or travel only on a road shoulder, as far as practicable from the edge of the roadway. Where neither a sidewalk nor road shoulder is available, any pedestrian walking or travelling 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. (d) It is unlawful for any person who is under the influence of intoxicating liquor or any narcotic or stupefying drug to walk, travel in a wheelchair, or be upon that portion of any street or highway normally used by moving motor vehicular traffic Section 6. That under MTC Section 25-2, Definitions relating to vehicles and traffic, subsection (s) is hereby amended and subsection (oo) is hereby added to read as follows: (s) Pedestrian. Any person afoot or any person using a wheelchair. too) Wheelchair. A motorized or non-motorized wheeled vehicle designed for use by a person with a physical disability. 3 Introduced, considered favorably on first reading, and order ublished this 16th day of May, A.D. 1995, and to be presented for final play;orz: , A.D. . ATTEST: � o City Clerk Passed and adopted on final reading this 6t4dayuLn , .D. 1995. Mayor ATTEST: 1J® City Clerk 4