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HomeMy WebLinkAbout08906ORDINANCE NO. 8906 AN ORDINANCE AMENDING CHAPTER 1, TITLE XV OF THE PUEBLO MUNICIPAL CODE PERTAINING TO THE OPERATION OF BICYCLES AND ELECTRIC ASSISTED BICYCLES 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 revision and/or addition of subsections (2.2), (2.2.5), (2.3), (2.4), (2.4.5), (2.6), (2.7) (2.9), (4.1) (4.2), (4.3), (4.4) (4.7), (6), (14.5), (14.6), (14.7) and (16) 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 (a) The following parts, sections or subsections of Article I of said Model Traffic Code are hereby repealed, added or amended to read as follows: . . . 110. Provisions uniform throughout municipality. (1) The provisions of this Code shall be applicable and uniform throughout this municipality. (2) This municipality shall regulate and enforce all traffic and parking restrictions on streets which are state highways as provided in sections 42-4-110 (1)(e) and 43-2- 135 (1)(g), C.R.S. (3) This municipality may enact, adopt, or enforce traffic regulations which cover the same subject matter as the various sections of this Code or state law and such additional regulations as are included in section 42-4-111, C.R.S. (4) The municipal court shall have jurisdiction over violations of traffic regulations enacted or adopted by City Council. . . . 117. Personal mobility devices. (2.2) (1) A rider of an EPAMD shall have all the same rights and duties as an operator of any other vehicle under this Code, except as to those provisions that by their nature have no application. (2) Unless otherwise prohibited, an EPAMD may be operated on a roadway in conformity with vehicle use. (3) An EPAMD shall not be operated: (a) On a limited-access highway; (b) On a bike or pedestrian path; or (c) At a speed of greater than twelve and one-half miles per hour. (4) A person who violates this section commits a class B traffic infraction. . . . 204. When lighted lamps are required (2.2.5) . (1) Every vehicle upon a highway within this municipality, 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 for different classes of vehicles, subject to exceptions with respect to parked vehicles. (2) Whenever requirement is declared by this Code as to distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in subsection (1) of this section in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated. (3) Whenever requirement is declared by this Code as to the mounted height of lamps or devices, it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load. (4) Any person who violates any provision of this section commits a class A traffic infraction. . . . 221. Bicycle and electric personal assisted mobility device (EPAMD) equipment (2.3). (1) No other provision of this part 2 and no provision of part 3 of this Code shall apply to a bicycle, electrical assisted bicycle, or EPAMD or to equipment for use on a bicycle, electrical assisted bicycle, or EPAMD except those provisions in this Code made specifically applicable to such a vehicle. \[\] (1)(2) Every bicycle, electrical assisted bicycle, or EPAMD in use at the times described in section 204 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)(3) Every bicycle, electrical assisted bicycle, or EPAMD 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)(4) Every bicycle, electrical assisted bicycle, or EPAMD when in use at the times described in section 204 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)(5) A bicycle, electrical assisted bicycle, or EPAMD or its rider may be \[\] equipped with lights or reflectors in addition to those required by subsections (1)(2) to \[\] (3)(4) of this subsection. \[\] (5)(6) A bicycle or electrical assisted bicycle shall not be equipped with, nor shall any person use upon a bicycle or electrical assisted bicycle, any siren or whistle. \[\] (6)(7) Every bicycle or electrical assisted bicycle shall be equipped with a brake or brakes which will enable its rider to stop the bicycle or electrical assisted bicycle within twenty-five feet from a speed of ten miles per hour on dry, level, clean pavement. \[\] (7)(8) A person engaged in the business of selling bicycles or electrical assisted bicycles at retail shall not sell any bicycle or electrical assisted bicycle unless the bicycle or electrical assisted bicycle has an identifying number permanently stamped or cast on its frame. (9) Any person who violates any provision of this section commits a class B traffic infraction. . . . 224. Horns or warning devices (2.4). (1) Every motor vehicle, when operated upon a highway, shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound, except as provided in section 213 (1) in the case of authorized emergency vehicles. The driver of a motor vehicle, when reasonably necessary to insure safe operation, shall give audible warning with the horn but shall not otherwise use such horn when upon a highway. (2) No vehicle shall be equipped with nor shall any person use upon a vehicle any audible device except as otherwise permitted in this section. It is permissible but not required that any vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as a warning signal unless the alarm device is a required part of the vehicle. Nothing in this section is meant to preclude the use of audible warning devices which are activated when the vehicle is backing. Any authorized emergency vehicle may be equipped with an audible signal device under section 213 (1), but such device shall not be used except when such vehicle is operated in response to an emergency call or in the actual pursuit of a suspected violator of the law or for other special purposes, including, but not limited to, funerals, parades, and the escorting of dignitaries. Such device shall not be used for such special purposes unless the circumstances would not lead a reasonable person to believe that such vehicle is responding to an actual emergency. , (3) No bicycle electrical assisted bicycle,or motorized bicycle shall be equipped with nor shall any person use upon a bicycle or motorized bicycle any siren or whistle. (4) Snowplows and other snow-removal equipment shall display flashing yellow lights meeting the requirements of section 214 as a warning to drivers when such equipment is in service on the highway. (5)(a) When any snowplow or other snow-removal equipment displaying flashing yellow lights is engaged in snow and ice removal or control, drivers of all other vehicles shall exercise more than ordinary care and caution in approaching, overtaking, or passing such snowplow. (b) The driver of a snowplow, while engaged in the removal or control of snow and ice on any highway open to traffic and while displaying the required flashing yellow warning lights as provided by section 214, shall not be charged with any violation of the provisions of this Code relating to parking or standing, turning, backing, or yielding the right-of-way. These exemptions shall not relieve the driver of a snowplow from the duty to drive with due regard for the safety of all persons, nor shall these exemptions protect the driver of a snowplow from the consequences of a reckless or careless disregard for the safety of others. (6) Any person who violates any provision of this section commits a class B traffic infraction. . . . 234. Slow-moving vehicles - display of emblem. (2.4.5) (1)(a) All machinery, equipment, and vehicles, except bicycles, electrical assisted bicycles, and other human-powered vehicles, designed to operate or normally operated at a speed of less than twenty-five miles per hour on a public highway shall display a \[ triangular slow-moving vehicle emblem on the rear. Bicycles and other human-powered vehicles shall be permitted but not required to display the emblem specified in this \] subsection (1). (b) The department shall set standards for a triangular slow-moving emblem for use on low-speed electric vehicles. (c) Bicycles, electrical assisted bicycles, and other human-powered vehicles shall be permitted but not required to display the emblem specified in this subsection (1). (2) The executive director of the department shall adopt standards and specifications for such emblem, position of the mounting thereof, and requirements for certification of conformance with the standards and specifications adopted by the American society of agricultural engineers concerning such emblems. The requirements of such emblem shall be in addition to any lighting device required by law. (3) The use of the emblem required under this section shall be restricted to the use specified in subsection (1) of this section, and its use on any other type of vehicle or stationary object shall be prohibited. (4) Any person who violates any provision of this section commits a class B traffic infraction. . . . 503. Projecting loads on passenger vehicles. (2.6) \[\] No passenger-type vehicle, except a motorcycle or, a bicycle, or an electrical assisted bicycle shall be operated on any highway with any load carried thereon extending beyond the line of the fenders on the left side of such vehicle nor extending more than six inches beyond the line of the fenders on the right side thereof. Any person who violates this section commits a class B traffic infraction. . . . 710. Emerging from or entering alley, driveway, or building. (2.7) (1) The driver of a vehicle emerging from an alley, driveway, building, parking lot, or other place, immediately prior to driving onto a sidewalk or into the sidewalk area extending across any such alleyway, driveway, or entranceway, shall yield the right-of- way to any pedestrian upon or about to enter such sidewalk or sidewalk area extending across such alleyway, driveway, or entranceway, as may be necessary to avoid collision, and when entering the roadway shall comply with the provisions of section 704. (2) The driver of a vehicle entering an alley, driveway, or entranceway shall yield the right of way to any pedestrian within or about to enter the sidewalk or sidewalk area extending across such alleyway, driveway, or entranceway. (3) No person shall drive any vehicle other than a bicycle, electric assisted bicycle, or any other human-powered vehicle upon a sidewalk or sidewalk area, except upon a permanent or duly authorized temporary driveway. (4) Any person who violates any provision of this section commits a class B traffic infraction. . . . 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, ride an electric assisted 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. (5) Whenever special pedestrian-control signals exhibiting “Walk” or “Don’t Walk” word or symbol indications are in place, as declared in the traffic control manual adopted by the department of transportation, such signals shall indicate and require as follows: (a) “Walk” (steady): While the “Walk” indication is steadily illuminated, pedestrians facing such signal may proceed across the roadway in the direction of the signal indication and shall be given the right-of-way by the drivers of all vehicles. (b) “Don’t Walk” (steady): While the “Don’t Walk” indication is steadily illuminated, no pedestrian shall enter the roadway in the direction of the signal indication. (c) “Don’t Walk” (flashing): Whenever the “Don’t Walk” indication is flashing, no pedestrian shall start to cross the roadway in the direction of such signal indication, but any pedestrian who has partly completed crossing during the “Walk” indication shall proceed to a sidewalk or to a safety island, and all drivers of vehicles shall yield to any such pedestrian. (d) Whenever a signal system provides for the stopping of all vehicular traffic and the exclusive movement of pedestrians and “Walk” and “Don’t Walk” signal indications control such pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection while the “Walk” indication is exhibited, if signals and other official devices direct pedestrian movement in such manner consistent with section 803 (4). (6) Any person who violates any provision of this section commits a class B traffic infraction. . . . 1002. Passing oncoming vehicles (4.1). (1) Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and, upon roadways having width for not more than one lane of traffic in each direction, each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible. (2) A driver shall not pass a bicyclist moving in the same direction and in the same lane when there is oncoming traffic unless the driver can simultaneously: (a) Allow oncoming vehicles at least one-half of the main-traveled portion of the roadway in accordance with subsection (1) of this section; and (b) Allow the bicyclist at least a three-foot separation between the right side of the driver’s vehicle, including all mirrors or other projections, and the left side of the bicyclist at all times. (3) Any person who violates any provision of this section commits a class A traffic infraction. . . . 1003. Overtaking a vehicle on the left (4.2) . (1) The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations, exceptions, and special rules stated in this section and sections 1004 to 1008: (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. (b) The driver of a motor vehicle overtaking a bicyclist proceeding in the same direction shall allow the bicyclist at least a three-foot separation between the right side of the driver’s vehicle, including all mirrors or other projections, and the left side of the bicyclist at all time. \[(b)\] (c) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of the driver's vehicle until completely passed by the overtaking vehicle. (d) Any person who violates any provision of this section commits a class A traffic infraction. . . . 1004. When overtaking on the right is permitted (4.3) . (1) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (a) When the vehicle overtaken is making or giving indication of making a left turn; (b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles and marked for two or more lanes of moving vehicles in each direction; or (c) Upon a one-way street or upon any roadway on which traffic is restricted to one direction of movement where the roadway is free from obstructions and marked for two or more lanes of moving vehicles. (1.5) The driver of a motor vehicle upon a one-way roadway with two or more marked traffic lanes, when overtaking a bicyclist proceeding in the same direction and riding on the left-hand side of the road, shall allow the bicyclist at least a three-foot separation between the left side of the driver’s vehicle, including all mirrors or other projections, and the right side of the bicyclist at all times. (2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway. (3) Any person who violates any provision of this section commits a class A traffic infraction. . . . 1005. Limitations on overtaking on the left (4.4) . (1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of this Code and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completed without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and, in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching vehicle. (2) No vehicle shall be driven on the left side of the roadway under the following conditions: (a) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction; (b) When approaching within one hundred feet of or traversing any intersection or railroad grade crossing; or (c) When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, or tunnel. (3) Local authorities are authorized to determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving on the left side of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones. Where such signs or markings are in place to define a no-passing zone and such signs or markings are clearly visible to an ordinarily observant person, no driver shall drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length. (4) The provisions of this section shall not apply: (a) Upon a one-way roadway; (b) Under the conditions described in section 1001 (1)(b); or (c) To the driver of a vehicle turning left into or from an alley, private road, or driveway when such movement can be made in safety and without interfering \[\] with, impeding, or endangering other traffic lawfully using the highway.; or (d) To the driver of a vehicle passing a bicyclist moving the same direction and in the same lane when such movement can be made in safety and without interfering with, impeding, or endangering other traffic lawfully using the highway. (5) Any person who violates any provision of this section commits a class A traffic infraction. . . . 1008.5. Crowding or threatening bicyclist. (4.7) (1) The driver of a motor vehicle shall not, in a careless and imprudent manner, drive the vehicle unnecessarily close to, toward, or near a bicyclist. (2) Any person who violates subsection (1) of this section commits careless driving as described in section 1402. . . . 1204. Stopping, standing, or parking prohibited in specified places. (6) (1) Except as otherwise provided in subsection (4) of this section, no person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device, in any of the following places: (a) On a sidewalk, except that parking of noncommercial motor vehicles and motorcycles shall be permitted on that portion of a street paved or surfaced for parking between the curb lines or the lateral lines of a roadway, and the adjacent property lines, not intended for the use of pedestrians unless official signs prohibit parking or parking thereon would interfere with the free movement of vehicular or pedestrian traffic or constitute a hazard; (b) Within an intersection; (c) On a crosswalk; (d) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings; (e) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; (f) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; provided, however, that this subparagraph (f) shall not prohibit the lawful parking or standing of any truck which has been issued a special freight loading permit authorizing such parking or standing pursuant to section 1214 and 113 (2)(y) of the Model Traffic Code; (g) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (h) On any railroad tracks; (i) On any controlled-access highway; (j) In the area between roadways of a divided highway, including crossovers; (k) At any other place where official signs prohibit stopping; (l) In any restricted parking zone other than for the purpose specified on official signs marking such restricted zone and during the period of time for which the restrictions are effective, except that the driver of a passenger vehicle may stop momentarily therein for the purpose of and while actually engaged in the expeditious loading or unloading of passengers when such standing or stopping does not interfere with the type of vehicle or use for which the zone is reserved; (m) Within an alley in such position as to block the driveway entrance to any abutting property. (2) Except as otherwise provided in subsection (4) of this section, in addition to the restrictions specified in subsection (1) of this section, no person shall stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device, in any of the following places: (a) Within five feet of a public or private driveway; (b) Within fifteen feet of a fire hydrant; (c) Within twenty feet of a crosswalk at an intersection; (d) Within thirty feet upon the approach to any flashing beacon or signal, stop sign, yield sign, or traffic control signal located at the side of a roadway; (e) Within twenty feet of the driveway entrance to any fire station or, on the side of a street opposite the entrance to any fire station, within seventy-five feet of said entrance when properly signposted; (f) At any other place where official signs prohibit standing. (3) In addition to the restrictions specified in subsections (1) and (2) of this section, no person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device, in any of the following places: (a) Within fifty feet of the nearest rail of a railroad crossing; (b) At any other place where official signs prohibit parking. (c) Within an alley except during the necessary and expeditious loading and unloading of merchandise or freight. (4)(a) Paragraph (a) of subsection (1) of this section shall not prohibit persons from parking bicycles or electrical assisted bicycles on sidewalks in accordance with the provisions of section 1412 (11)(a) and (11)(b). (b) Paragraph (f) of subsection (1) of this section shall not prohibit persons from parking two or more bicycles or electrical assisted bicycles abreast in accordance with the provisions of section 1412 (11)(d). (c) Paragraphs (a), (c), and (d) of subsection (2) of this section shall not apply to bicycles or electrical assisted bicycles parked on sidewalks in accordance with section 1412 (11)(a) and (11)(b). (5) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. (6) This local authority, with respect to highways under its jurisdiction, may place official traffic control devices prohibiting, limiting, or restricting the stopping, standing, or parking of vehicles on any highway where it is determined, upon the basis of a traffic investigation or study, that such stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic thereon. No person shall stop, stand, or park any vehicle in violation of the restrictions indicated by such devices. (7) Any person who violates any provision of this section commits a class B traffic infraction. (8) A political subdivision may not adopt or enforce an ordinance or regulation that prohibits the parking of more than one motorcycle within a space served by a single parking meter. . . . 1401. Reckless driving - penalty (14.5) . (1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle or motorized bicycle shall not be subject to the provisions of section 42-2-127, C.R.S. (2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. Upon a second or subsequent conviction, such person \[\]\[\] shall be punished by a fine of not less than .......fifty dollars nor more than .......one \[\] thousand dollars, or by imprisonment in the county jail for not less than ....ten days nor \[\] more than .....six months, or by both such fine and imprisonment. . . . 1402. Careless driving - penalty (14.6) . (1) Any person who drives any motor vehicle, bicycle, electrical assisted bicycle, or motorized bicycle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless \[\] driving of a bicycle or electrical assisted bicyclemotorized bicycle shall not be subject to the provisions of section 42-2-127, C.R.S. (2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense, but, if the person's actions are the proximate cause of bodily injury or death to another, such person commits a class 1 misdemeanor traffic offense. . . . 1407.5. Splash guards - when required. (14.7) (1) As used in this section, unless the context otherwise requires: (a) “Splash guards” means mud flaps, rubber, plastic or fabric aprons, or other devices directly behind the rear-most wheels, designed to minimize the spray of water and other substances to the rear. (b) “Splash guards” must, at a minimum, be wide enough to cover the full tread of the tire or tires being protected, hang perpendicular from the vehicle not more than ten inches above the surface of the street or highway when the vehicle is empty, and generally maintain their perpendicular relationship under normal driving conditions. (2) Except as otherwise permitted in this section, no vehicle or motor vehicle shall be driven or moved on any street or highway unless the vehicle or motor vehicle is equipped with splash guards. However, vehicles and motor vehicles with splash guards that violate this section shall be allowed to remain in service for the time necessary to continue to a place where the deficient splash guards will be replaced. Such replacement shall occur at the first reasonable opportunity. (3) This section does not apply to: (a) Passenger-carrying motor vehicles registered pursuant to section 42- 3-305 (2) CRS; (b) Trucks and truck tractors registered pursuant to section 42-3-305 (4) or (5) CRS having an empty weight of ten thousand pounds or less; (c) Trailers equipped with fenders or utility pole trailers; (d) Vehicles while involved in chip and seal or paving operations or road widening equipment; (e) Truck tractors or converter dollies when used in combination with other vehicles; (f) Vehicles drawn by animals; or (g) Bicycles or electrical assisted bicycles. (4) Any person who violates any provision of this section commits a class B traffic infraction. . . . 1412. Operation of bicycles and other human-powered vehicles; license. (16) (1) Every person riding a bicycle or electrical assisted bicycle shall have all of the rights and duties applicable to the driver of any other vehicle under this Code, except as to special regulations in this Code and except as to those provisions which by their nature can have no application. Said riders shall comply with the rules set forth in this section and section 221, and, when using streets and highways within this municipality, shall be subject to local ordinances regulating the operation of bicycles and electrical assisted bicycles as provided in section 42-4-111, C.R.S. (2) It is the intent of the general assembly that nothing contained in House Bill No. 1246, enacted at the second regular session of the fifty-sixth general assembly, shall in any way be construed to modify or increase the duty of the department of transportation or any political subdivstate of Colorado or any political subdivision under the "Colorado Governmental Immunity Act," article 10 of title 24, C.R.S. (3) No bicycle or electrical assisted bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped. (4) No person riding upon any bicycle or electrical assisted bicycle shall attach the same or himself or herself to any motor vehicle upon a roadway. \[ (5) Any person riding a bicycle shall ride in the right-hand lane. When being overtaken by another vehicle, such person shall ride as close to the right-hand side as practicable. Where a paved shoulder suitable for bicycle riding is present, persons operating bicycles shall ride on the paved shoulder. These provisions shall apply, except under any of the following situations: (a) When overtaking and passing another bicycle or vehicle proceeding in the same direction; (b) When preparing for a left turn at an intersection or into a private road or driveway; (c) When reasonably necessary to avoid hazardous conditions, including, but not limited to, fixed or moving objects, parked or moving vehicles, \] pedestrians, animals, or surface hazards. (5)(a) Any person operating a bicycle or an electrical assisted bicycle upon a roadway at less than the normal speed of traffic shall ride in the right-hand lane, subject to the following conditions: (I) If the right-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the right as judged safe by the bicyclist to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so. (II) A bicyclist may use a lane other than the right-hand lane when: (A) Preparing for a left turn at an intersection or into a private roadway or driveway; (B) Overtaking a slower vehicle; or (C) Taking reasonably necessary precautions to avoid hazards or road conditions. (III) Upon approaching an intersection where right turns are permitted and there is a dedicated right-turn lane, a bicyclist may ride on the left-hand portion of the dedicated right-turn lane even if the bicyclist does not intend to turn right. (b) A bicyclist shall not be expected or required to: (I) Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes; or (II) Ride without a reasonable safety margin on the right-hand side of the roadway. (c) A person operating a bicycle or an electrical assisted bicycle upon a one-way roadway with two or more marked traffic lanes may ride as near to the left-hand curb or edge of such roadway as judged safe by the bicyclist, subject to the following conditions: (I) If the left-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the left as judged safe by the bicyclist to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so. (II) A bicyclist shall not be expected or required to: (A) Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes; or (B) Ride without a reasonable safety margin on the left- hand side of the roadway. (6)(a) Persons operating bicycles or electrical assisted bicycles on roadways \[ shall ride single file; except that riding no more than two abreast is permitted in the \] following circumstances: not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Riding no more than two abreast is permitted in the following circumstances: (I) When riding two abreast will not impede the normal and reasonable movement of traffic; or (II) When riding on paths or parts of roadways set aside for the exclusive use of bicycles. (b) Persons riding two abreast shall ride within a single lane. (7) A person operating a bicycle or electrical assisted bicycle shall keep at least one hand on the handlebars at all times. (8)(a) A person riding a bicycle or electrical assisted bicycle intending to turn left shall follow a course described in sections 901 (1), 903, and 1007 or may make a left turn in the manner prescribed in paragraph (b) of this subsection (8). (b) A person riding a bicycle or electrical assisted bicycle intending to turn left shall approach the turn as closely as practicable to the right-hand curb or edge of the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway edges, the bicyclist shall stop, as much as practicable, out of the way of traffic. After stopping, the bicyclist shall yield to any traffic proceeding in either direction along the roadway that the bicyclist had been using. After yielding and complying with any official traffic control device or police officer regulating traffic on the highway along which the bicyclist intends to proceed, the bicyclist may proceed in the new direction. (c) Notwithstanding the provisions of paragraphs (a) and (b) of this subsection (8), the transportation commission and local authorities may cause official traffic control devices to be placed on roadways and thereby require and direct that a specific course be traveled. (9)(a) Except as otherwise provided in this subsection (9), every person riding a bicycle or electrical assisted bicycle shall signal his intention to turn or stop in accordance with the provisions of section 903; except that a person riding a bicycle or electrical assisted bicycle may signal a right turn with the right arm extended horizontally. (b) A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the bicycle or electrical assisted bicycle before turning and shall be given while the bicycle or electrical assisted bicycle is stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle or electrical assisted bicycle. (10)(a) A person riding a bicycle or electrical assisted 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 or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk where such use of bicycles or electrical assisted bicycles is prohibited by official traffic control devices or local ordinances. A person riding a bicycle or electrical assisted 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 or electrical assisted 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. (11)(a) A person may park a bicycle or electrical assisted bicycle on a sidewalk unless prohibited or restricted by an official traffic control device or local ordinance. (b) A bicycle or electrical assisted bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic. (c) A bicycle or electrical assisted bicycle may be parked on the road at any angle to the curb or edge of the road at any location where parking is allowed. (d) A bicycle or electrical assisted bicycle may be parked on the road abreast of another bicycle or bicycles near the side of the road or any location where parking is allowed in such a manner as does not impede the normal and reasonable movement of traffic. (e) In all other respects, bicycles or electrical assisted bicycles parked \[\] anywhere on a highway shall conform to the provisions of part 1112 of this Code regulating the parking of vehicles. \[ (12)(a) It shall be unlawful for any person to operate or use any bicycle upon any of the streets, alleys, parkways or public places, including sidewalks, in the City without having first procured a license therefore from the chief of police or other authorized official, and without having a valid license tag firmly attached to the frame of such bicycle. Any police officer is hereby authorized to impound any bicycle upon the public streets and ways which does not have such license tag firmly attached to the frame of such bicycle. Any bicycle so impounded may be redeemed by the owner thereof from the custodian of stolen goods upon proof of ownership and upon application for and issuance of a license if one has not been previously issued, plus a recpreviously issued to and attached to such bicycle and such tag shall have been removed by one other than the owner. (b) Such license shall be issued by the chief of police or other authorized official upon application being made to him in such form as he shall prescribe. The chief of police or other authorized official shall, upon issuing the license, furnish a license tag with such numbers and inscriptions that the same may be readily identified and, upon satisfactory proof that a license tag has been lost or stolen, furnish a replacement tag. No fee shall be charged for issuance of a \] bicycle license or replacement of a lost or stolen bicycle license. (12) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. (13) Upon request, the police department shall complete a report concerning an injury or death incident that involves a bicycle or electrical assisted bicycle on the roadways of the City, even if such accident does not involve a motor vehicle. (14) Except as authorized by section 111, the rider of an electrical assisted bicycle shall not use the electrical motor on a bike or pedestrian path. \[\] (13) (15) 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 2. 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 3. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: July 27, 2015 BY: Robert Schilling PASSED AND APPROVED: August 10, 2015 City Clerk’s Office Item # R-5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 27, 2015 TO: President Stephen G. Nawrockiand Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, Director of Public Works SUBJECT:AN ORDINANCE AMENDING CHAPTER 1, TITLE XV OF THE PUEBLO MUNICIPAL CODE PERTAINING TO THE OPERATION OF BICYCLES AND ELECTRIC ASSISTED BICYCLES SUMMARY The proposed ordinance will amend the Pueblo Traffic Code to bring the regulations pertaining to the operation of bicycle and electric assisted bicycle in line with the State of Colorado’s Model Traffic Code. This change seeks to make bike laws consistent from community to community. PREVIOUS COUNCIL ACTION: The last update to the Pueblo Traffic Code relative to the operation of a bicycle was approved by Ordinance No. 8316 in February 2011. BACKGROUND The approval of this ordinance brings the Pueblo Municipal Code (“PMC”) in line with the State of 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 State Statutes, with respect to these issues, allows residents from throughout Colorado operate under the same traffic laws. FINANCIAL IMPACT No financial impact. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: Proposed changes to the Pueblo Traffic Code relating to the operation of bicycle has been reviewed by PACE, Pueblo Active Community Environments. ALTERNATIVES: None. Attachments: None