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Home My WebLink About08316 ORDINANCE NO. 8316 AN ORDINANCE AMENDING CHAPTER 1, TITLE XV OF THE PUEBLO MUNICIPAL CODE PERTAINING TO BICYCLE EQUIPMENT, PEDESTRIANS IN CROSSWALKS AND THE OPERATION OF BICYCLES AND OTHER HUMAN-POWERED VEHICLES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted; underscoring indicates new matter being added) SECTION 1. Subsection (a) of Section 15-1-8, of Chapter 1, Title XV of the Pueblo Municipal Code, as amended, is hereby amended by the addition of new subsections (2.3) and (2.9) thereto, to read as follows: Sec. 15-1-8. Amendments and additions. (a) The following parts, sections or subsections of Article I of said Model Traffic Code are hereby repealed, added or amended to read as follows: . . . 221. Bicycle equipment (2.3). (1) Every bicycle in use at the times described in section 204 of the Model Traffic Code shall be equipped with a lamp on the front emitting a white light visible from a distance of at least five hundred feet to the front. (2) Every bicycle shall be equipped with a red reflector of a type approved by the department of revenue, which shall be visible for six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. (3) Every bicycle when in use at the times described in section 204 of the Model Traffic Code shall be equipped with reflective material of sufficient size and reflectivity to be visible from both sides for six hundred feet when directly in front of lawful lower beams of head lamps on a motor vehicle or, in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least five hundred feet. (4) A bicycle or its rider may be equipped with lights or reflectors in addition to those required by subsections (1) to (3) of this subsection. (5) A bicycle shall not be equipped with, nor shall any person use upon a bicycle, any siren or whistle. (6) Every bicycle shall be equipped with a brake or brakes which will enable its rider to stop the bicycle within twenty-five feet from a speed of ten . miles per hour on dry, level, clean pavement (7) 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. . . . 802. Pedestrians' right-of-way in crosswalks (2.9) . (1) When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. (2) Subsection (1) of this section shall not apply under the conditions stated in section 803. (3) No pedestrian shall suddenly leave a curb or other place of safety and ride a bicycle, walk, or run into the path of a moving vehicle which is so close as to constitute an immediate hazard. (4) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. . . . SECTION 2. Subsections (6)(a), (9)(a), (10) and (13) of Section 1412 of the Model Traffic Code, amended by subsection (a)(16) of Section 15-1-8, of Chapter 1, Title XV of the Pueblo Municipal Code, as amended, are hereby amended to read as follows: Sec. 15-1-8. Amendments and additions. (a) The following parts, sections or subsections of Article I of said Model Traffic Code are hereby repealed, added or amended to read as follows: 1412. Operation of bicycles and other human-powered vehicles; (16) license. . . . "(6)(a) Persons operating bicycles on roadways shall ride single file; except that riding no more than two 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 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 feet to ] the front and to the rear of the bicyclists; or “ (I) When riding two abreast will not impede the normal and reasonable movement of traffic; or . . . "(9)(a) Except as otherwise provided in this subsection (9), every person riding a bicycle shall signal his intention to turn or stop in accordance with the [] provisions of section 903.; except that a person riding a bicycle may signal a right turn with the right arm extended horizontally. . . . "(10)(a) 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. A person riding a bicycle in a crosswalk shall do so in a manner that is safe for pedestrians. "(b) A person shall not ride a bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk where such use of bicycles is prohibited by official traffic control devices or local ordinances. A person riding a bicycle shall dismount before entering any crosswalk where required by official traffic control devices or local ordinances. "(c) A person riding or walking a bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall have all the [] rights and duties applicable to a pedestrian under the same circumstances.; including, but not limited to, the rights and duties granted and required by section 802 of this Code. [ "(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. . . . (13)Every bicycle upon a highway within this local government, between sunset and sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of one thousand feet ahead, shall display lighted lamps and illuminating devices as required by this Code. . . . SECTION 3. Any person who commits a violation of this Ordinance or the provisions of the Model Traffic Code as amended by this Ordinance shall be guilty of a municipal offense and shall be punished and be subject to the imposition of fines, penalties, surcharges and costs as provided in Sections 15-1-6 and 1-6-10 of the Pueblo Municipal Code, as amended. SECTION 4. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: February 14, 2011 BY: Leroy Garcia COUNCILPERSON PASSED AND APROVED: February 28, 2011 Background Paper for Proposed O RDINANCE DATE: FEBRUARY 14, 2011 AGENDA ITEM # R-4 DEPARTMENT: PUBLIC WORKS DIRECTOR - EARL WILKINSON, P.E. TITLE AN ORDINANCE AMENDING CHAPTER 1, TITLE XV OF THE PUEBLO MUNICIPAL CODE PERTAINING TO BICYCLE EQUIPMENT, PEDESTRIANS IN CROSSWALKS AND THE OPERATION OF BICYCLES AND OTHER HUMAN-POWERED VEHICLES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should City Council approve an ordinance amending Chapter 1, Title XV of the Pueblo Municipal Code pertaining to bicycle equipment, pedestrians in crosswalks and the operation of bicycles? RECOMMENDATION Approval of this Ordinance BACKGROUND The approval of this ordinance brings the Pueblo Municipal Code (“PMC”) in line with the Colorado traffic statutory requirements as it relates to bicycle equipment, pedestrian crossings and the operation of bicycle or human powered vehicles. Providing consistency between the PMC and the Colorado statutes, with respect to these issues, allows residents from throughout Colorado operate under the same traffic laws. FINANCIAL IMPACT No financial impact.