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HomeMy WebLinkAbout016 - 02/18/2003 - ADOPTING AND SEPARATELY CODIFYING THE ''FORT COLLINS TRAFFIC CODE''; REPEALING ALL CONFLICTING ORDIN ORDINANCE NO. 016, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AND SEPARATELY CODIFYING THE "FORT COLLINS TRAFFIC CODE"; REPEALING ALL CONFLICTING ORDINANCES; AND MAKING CERTAIN RELATED AMENDMENTS TO CHAPTER 28 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS,the City of Fort Collins is a home-rule municipality,and is authorized by Article XX, Section 6 of the Colorado Constitution, the provisions of state statutes, and its City Charter to develop ordinances regulating vehicles and traffic within the City; and WHEREAS, the City has previously adopted the 1977 Model Traffic Code, including amendments thereto, as contained in Chapter 28 of the City Code; and WHEREAS,the 1977 Model Traffic Code has been out of print for ten years and is no longer available; and WHEREAS, the City has amended the 1977 Model Traffic Code numerous times since its adoption to reflect changing state laws and local needs of the City, which requires users (citizens, staff and law enforcement personnel) to consult two separate documents (the Model Traffic Code itself and the City Code); and WHEREAS,the City Council wishes to provide a comprehensive,single codification of the ordinances and laws regulating traffic for convenience and understanding by the community as well as for ease in interpretation and implementation by City staff, including law enforcement officers; and WHEREAS, the codification of the proposed Traffic Code encompasses recent changes in state law(including camera radar)and clarifies regulations pertaining to funeral escorts,parking and towing ordinances,rules for traffic control in natural areas and parks,license plates,and enforcement of restrictions on skateboarding, bikes, etc. where posted; and WHEREAS, over the past five years, representatives from affected City departments (Municipal Court,Traffic Engineering,Transportation Services,Parking Services, City Attorney's Office,Fort Collins Police Services), as well as representatives form the Colorado State University Police Department have met and provided input, and have reviewed and approved the proposed Traffic Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO as follows: Section 1. That the"Fort Collins Traffic Code",dated January 29,2003,a copy of which is on file in the office of the City Clerk and incorporated herein by this reference, is hereby adopted by the Council to be hereafter used by the City as the traffic control regulations within the City as specified therein. Section 2. That Section 28-16 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 28-16. Adoption of the Fort Collins Traffic Code. (a) Pursuant to the Charter and the laws of the state,there is hereby adopted the"Fort Collins Traffic Code." The subject matter of the Fort Collins Traffic Code relates primarily to comprehensive traffic control regulations for the city. (b) The purpose of this Article and the Fort Collins Traffic Code,as adopted herein and as subsequently amended, is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and the nation. (c) Three(3)copies of the Fort Collins Traffic Code adopted herein are filed in the office of the City Clerk and may be inspected during regular business hours. The Fort Collins Traffic Code,together with any subsequent amendments thereto,is adopted as if set out at length and the provisions thereof shall be controlling within the city. Section 3. That Section 28-17 of the Code of the City of Fort Collins is hereby repealed in its entirety. Section 4. That Section 28-18 of the Code of the City of Fort Collins is hereby renumbered and amended to read as follows: Sec. 28-17. Violations and penalties. (a) It is unlawful for any person to violate any of the provisions of the Fort Collins Traffic Code as adopted in this Article and as subsequently amended. (b) Every person convicted of a violation of any provision of the Fort Collins Traffic Code as adopted or amended shall be punished by a fine not exceeding one thousand dollars($1,000.00),or by imprisonment not exceeding one year(365)days, or by both such fine and imprisonment and as provided in Section 1-15. Section 5. That Section 28-19 of the Code of the City of Fort Collins is hereby renumbered and amended to read as follows: Sec. 28-18. Applicability. This Article shall apply to every street, alley, sidewalk area, driveway, park and to every other public way or public place or public parking area,either within or outside the corporate limits of this municipality, the use of which this municipality has jurisdiction and authority to regulate. The provisions of sections 606, 1211, 1401, 1402, 1409, 1413,and part 16 of the Fort Collins Traffic Code,as adopted and subsequently amended which refer,respectively to unauthorized devices,limitations on backing, reckless driving, careless driving, insurance compliance, eluding an officer and accident investigation,shall apply not only to public places and ways but throughout the city. Section 6. That Section 28-20 of the Code of the City of Fort Collins is hereby renumbered and amended to read as follows: Sec. 28-19. Construal of provisions. This Article shall be so interpreted and construed as to effectuate its general purpose to conform with the state's uniform system for the regulation of vehicles and traffic. Article and section headings of this Article and adopted Fort Collins Traffic Code shall not be deemed to govern, limit, modify or in any way affect the scope, meaning or extent of the provisions of any article or section thereof. Section 7. That Section 28-21 of the Code of the City of Fort Collins is hereby repealed in its entirety. Section 8. That,if any part or parts of this ordinance are for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. Section 9. That existing ordinances, or parts thereof that are inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance. Section 10. That the current codifier of the Code of the City of Fort Collins is hereby directed to amend all catchlines, history notes, and references and editor's notes, as well as all existing cross references in the Chapter 28, Article H of the City Code in accordance with the provisions of this ordinance. Section 11. The City Clerk shall certify to the passage of this Article and make three copies of the adopted Fort Collins Traffic Code available for inspection by the public during regular business hours. Section 12. The provisions of Sections 1 through 7 and Sections 9 through 11 of this Ordinance shall take effect as of 12:01 a.m. on April 1, 2003. Introduced, considered favorably on first reading and ordered published this 4th day of February, A.D. 2003, to be presented for final passage on the 18th day of February, A.D. 2003. Mayor ATTEST: 1A 'A L 4UL k City Clerk Passed and adopted after public hearing and on final reading this 18th day of February, A.D. 2003. Mayor ATTEST: \j'L�6' City Clerk