HomeMy WebLinkAbout188 - 11/03/1998 - AMENDING CITY CODE (MODEL TRAFFIC CODE) RELATING TO WHEN AUTHORIZED EMERGENCY VEHICLES ARE REQUIRED ORDINANCE NO. 188, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 28-17 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO WHEN AUTHORIZED EMERGENCY VEHICLES
ARE REQUIRED TO USE FLASHING LIGHTS AND SIREN IN ORDER TO BE
EXEMPT FROM CERTAIN TRAFFIC REGULATIONS AS PROVIDED
IN THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES,"
1977 EDITION
WHEREAS, Section 4-8 of the City's Model Traffic Code currently provides that when an
authorized emergency vehicle is responding to an emergency call it may exceed the speed limit if
it is making use of both its visual and audible signals at the time; and
WHEREAS, Section 21-7 of the City's Model Traffic Code currently provides that an
authorized emergency vehicle when responding to an emergency is exempt from traffic regulations
relating to proceeding past a red or stop signal or stop sign, exceeding the speed limit and
disregarding traffic regulations governing direction of movement or turning by motor vehicles,
provided that the emergency vehicle is operating both its visual and audible signals at the time;and
WHEREAS,the State's Traffic Code at C.R.S. Section 42-4-108(3)currently provides that
authorized emergency vehicles,when responding to emergency calls,only need to make use of either
audible or visual signals in order to be exempt from complying with traffic regulations relating to
proceeding past a red or stop signal or stop sign, exceeding the lawful speed limit or disregarding
regulations governing directions in movement or turning in specified directions by motor vehicles;
and
WHEREAS, there are many circumstances when for emergency response and law
enforcement purposes it is beneficial for authorized emergency vehicles to be able to use only their
flashing lights rather than both flashing lights and siren, and therefore it would be in the best
interests of the public's health, safety and welfare for the City's Model Traffic Code to be amended
to provide,as State law does,that authorized emergency vehicles responding to emergency calls can
use either flashing lights or siren,rather than being required to use both,in order to be exempt from
certain traffic regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 28-17 of the Code of the City of Fort Collins is hereby amended to
add a new subsection(2.1) for the purpose of amending Section 4-8(a) of the "Model Traffic Code
for Colorado Municipalities", 1977 Edition, to read as follows:
Sec. 28-17. Amendments to the adopted code.
(2.1) Section 4-8, Emergency vehicles not subject to speed limits,
subsection (a) is amended to read as follows:
"(a) The speed limitations set forth in this ordinance shall not
apply to an authorized emergency vehicle when the driver is
responding to an emergency call and is making use of visual or
audible signals as prescribed by law, nor shall said speed limitations
apply to a police vehicle while in actual pursuit of a suspected
violator of any provision of this Code so long as such pursuit is being
made to obtain verification of or evidence of the guilt of the
suspected violator."
Section 2. That Section 28-17(24.2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 28-17. Amendments to the adopted code.
(24.2) Section 21-7,Authorized emergency vehicles,subsection(c)is hereby
amended,and subsection(f)is hereby added,each of which is to read
as follows:
"(c) The exemptions herein granted to an authorized emergency
vehicle shall apply only when such vehicle is making use of audible
or visual signals meeting the requirements of State law, except that
an authorized emergency vehicle being operated as a police vehicle
while in actual pursuit of a suspected violator of any provision of this
Code or any provision of State law applicable to drivers and vehicles
in this municipality need not display or make use of audible and
visual signals so long as such pursuit is being made to obtain
verification of or evidence of the guilt of the suspected violator.
"(f) In addition to the foregoing provisions of this Section, the
parking requirements of Sections 10-1, 10-2, 10-5, 10-6, 10-8, 11-1,
11-3, 11-4, 11-5, 12-2, 12-3, 12-4, 12-5, 13-1, 13-2, 13-6, 14-1, 14-3
and 14-4 of this code shall not apply to the driver of a city motor
vehicle using camera radar to detect speeding violations under
Section 4-10 of this code or to the driver of an authorized emergency
vehicle, provided that such vehicles, at the time they are being
parked, are being used for any law enforcement purpose. Further,
nothing in this paragraph shall relieve such drivers from the duty to
park their vehicles with due regard for the safety of all persons, nor
shall this paragraph protect such drivers from the consequences of
their reckless disregard for the safety of others."
Introduced and considered favorably on first reading and ordered published this 20th day of
October, A.D. 1998,and to be presented for final passage on the 3r ay` f November,A H 998.
ATTEST:�OAA- a
City Clerk
Passed and adopted on final reading this 3rd day of November, D. 1998.
Mayor
ATTEST:
JF
City Clerk