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hereby repealed, added or amended to read as follows: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.
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(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.
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(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.
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(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.
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(4)(5) A bicycle, electrical assisted bicycle, or EPAMD or its rider may be
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equipped with lights or reflectors in addition to those required by subsections (1)(2) to
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(3)(4) of this subsection.
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(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.
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(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)
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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
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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
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shall be punished by a fine of not less than .......fifty dollars nor more than .......one
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thousand dollars, or by imprisonment in the county jail for not less than ....ten days nor
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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
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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.
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(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
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shall ride single file; except that riding no more than two abreast is permitted in the
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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.
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(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