HomeMy WebLinkAbout09836ORDINANCE NO. 9836
AN ORDINANCE AMENDING TITLE XV, CHAPTER 1 OF THE
PUEBLO MUNICIPAL CODE AND ADOPTING THE COLORADO
MODEL TRAFFIC CODE AS REVISED IN 2020
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
being deleted, underscoring indicates new matter being added)
SECTION 1.
Chapter 1 of Title XV of the Pueblo Municipal Code, as amended, is hereby amended to
read as follows:
TITLE XV – Traffic
CHAPTER 1 - Model Traffic Code
Sec. 15-1-1. - Adoption of Model Traffic Code; deletions.
There is hereby adopted by reference for the purpose of regulating vehicular and pedestrian
traffic within the City, including permits, procedures and penalties, that certain code known as
the Model Traffic Code for Colorado Municipalities, officially approved, adopted and published
as the Revised \[1995\]2020 Edition by the Colorado Department of Transportation, \[4201 East
Arkansas Avenue\]2829 West Howard Place, Denver, Colorado, \[80222\]80204 (hereinafter
referred to in this Chapter as the "Model Traffic Code"), of which three (3) copies are now filed
in the office of the City Clerk and may be inspected during regular business hours, the same
being hereby referred to, adopted and incorporated herein as fully as if set out at length,
pursuant to the authority conferred by the laws of the State and the Charter of the City, save
and except those portions of the Model Traffic Code which are hereinafter amended by any
\[other\] ordinance\[s\] of the City; and provided, however, that the Foreword thereto, Sections 511
and 602 and Appendixes A through H, inclusive, are not adopted and are expressly deleted.
Sec. 15-1-2. - Applicability of Chapter in Pueblo Memorial Airport.
This Chapter and the Model Traffic Code herein adopted are expressly declared to be
applicable to and in full force and effect in and upon that area in the County of Pueblo and State
of Colorado in Sections 17, 18, 19, 20, 29 and 30, Township 20 South, Range 63 West, and
Sections 13, 24, 25 and 26, Township 20 South, Range 64 West of the 6th Principal Meridian,
commonly known as Pueblo Memorial Airport, and shall constitute the rules and regulations
covering all means of transportation within such airport other than air transportation.
Sec. 15-1-3. - Applicability of Chapter in Pueblo Mountain Park.
This Chapter and the Model Traffic Code herein adopted are expressly declared to be
applicable to and in full force and effect in and upon that area in the County of Pueblo and State
of Colorado in Section 16 and 21, Township 23 South, Range 68 West of the 6th Principal
Meridian, commonly known as Pueblo Mountain Park, and shall constitute the rules and
regulations covering all means of transportation within such park.
Sec. 15-1-4. - Airport traffic; enforcement of laws; section added.
It shall be the duty of the Chief of Police, with such aid as may be rendered by other members
of the Police Department and such other members of the Department of Aviation as he or she
shall specially commission by and with the advice and written consent of the Director of the
Department of Aviation, to enforce the provisions of the Model Traffic Code and the state
vehicle laws applicable to traffic in and upon the Pueblo Memorial Airport, to make arrests for
traffic violations thereon, to assist in the prosecution of persons charged with such violations, to
investigate accidents, to cooperate with the Traffic Engineer and officials of the Pueblo
Memorial Airport in the administration of the traffic regulations thereon and in developing ways
and means to improve traffic conditions and to carry out those duties specially imposed by the
Model Traffic Code and the traffic ordinances of the City insofar as the same shall relate to the
Pueblo Memorial Airport.
Sec. 15-1-5. - Park traffic; enforcement of laws.
It shall be the duty of the Chief of Police, with such aid as may be rendered by other members
of the Police Department and such other members of the Department of Parks as he or she
shall specially commission by and with the advice and written consent of the Director of the
Department of Parks, to enforce the provisions of the Model Traffic Code, the traffic ordinances
of the City and the state vehicle laws applicable to traffic in and upon Pueblo Mountain Park, to
make arrests for traffic violations thereon, to assist in the prosecution of persons charged with
such violations, to investigate accidents, to cooperate with the Traffic Engineer and officials of
Pueblo Mountain Park in the administration of the traffic regulations thereon and in developing
ways and means to improve traffic conditions, and to carry out those duties specially imposed
by the Model Traffic Code and the traffic ordinances of the City insofar as the same shall relate
to Pueblo Mountain Park.
Sec. 15-1-6. - Penalties for violations of this Chapter.
The following penalties shall apply to a violation of any of the provisions of the Model Traffic
Code herein adopted and to the provisions of this Chapter:
(1) It is unlawful for any person to violate any of the provisions of the Model Traffic
Code or any of the provisions of this Chapter.
(2) Notwithstanding any other provision in this Chapter and the Model Traffic Code,
every offense under the Model Traffic Code, as adopted by the City of Pueblo, shall constitute a
civil traffic infraction punishable by a civil penalty only, not to exceed one thousand dollars
($1,000), except for the following offenses, which shall constitute municipal offenses subject to a
civil penalty of not more than one thousand dollars ($1,000), or imprisonment not to exceed one
(1) year, or both:
a. Section 1401, Model Traffic Code, Reckless driving;
b. Section 1413, Model Traffic Code, Eluding or attempting to elude a police
officer;
\[c. Section 107, Model Traffic Code, Obedience to police officers;\]
\[d.\]c. Section 1105, Model Traffic Code, Speed contests;
\[e.\]d. Driving twenty (20) or more miles per hour in excess of the reasonable
and prudent speed or twenty (20) or more miles per hour in excess of the maximum
lawful speed limit of seventy-five (75) miles per hour; and
\[f.\]e. Any offense that is a counterpart of a state offense that has not been
decriminalized under state law.
(3) No person shall be arrested for any civil traffic infraction. The Municipal Court
shall not imprison any person for any civil traffic infraction and shall not issue any warrant for the
arrest of any person accused of or found liable for a civil traffic infraction, except that the Court
may issue arrest warrants for and imprison any such person for contempt of court. The Court
shall have the authority to order persons found liable for civil traffic infractions to pay civil
penalties, costs and surcharges for such infractions. No person accused of a civil traffic
infraction shall be granted a jury trial. The Municipal Court shall apply the Colorado Rules for
Traffic Infractions in every case involving a civil traffic infraction. The Municipal Court Judge
shall act as the referee in all such cases. The Municipal Court shall communicate all outstanding
judgments in civil traffic infraction cases, including all defaults, judgments, civil penalties, costs
and surcharges, and failure to pay the same, to the Colorado Department of Revenue, Division
of Motor Vehicles. The Municipal Court may also send unpaid defaults, judgments, civil
penalties, costs, and surcharges to a collection agency.
(4) Every person found liable for a civil traffic infraction under Sections 1412\[, 1415\]
or 221 of the Model Traffic Code shall be punished by a civil penalty of not more than twenty-
five dollars ($25), by removal and detention of the license plate from such person's bicycle for a
period not to exceed ninety (90) days, or by impounding such person's bicycle for a period not
to exceed ninety (90) days.
(5) Notwithstanding Title 1701 or any provision of the Colorado Model Traffic
Code the Municipal Judge is empowered to set designated civil penalties. The presiding
Municipal Judge shall at least annually review the schedule of designated civil penalties of \[the
Traffic Violations Bureau\]this traffic code and adopt on or before January 15 of each year a
schedule of designated civil penalties for the Municipal Court, provided that failure to so
annually adopt such a schedule of designated civil penalties shall not invalidate any such
schedule previously adopted.
(6) In addition to the penalties provided herein, any person convicted of a municipal
traffic violation or found liable for a civil traffic infraction for which points may be assessed by the
Colorado Department of Revenue, other than violations of the provisions of Section 1412\[,
1415\] or 221 of the Model Traffic Code, shall be assessed a fee, to be known as the school
crossing guard surcharge, in the amount of ten dollars ($10); provided, however, that any
person found liable for a parking violation shall, in addition to the penalties provided herein, be
assessed a fee, to be known as the school crossing guard surcharge, in the amount of four
dollars ($4). The school crossing guard surcharge shall be imposed at the time the defendant is
found liable and may not be suspended or waived by the Court. For purposes of this
Subsection, conviction shall include guilty pleas, no contest pleas, findings of guilt and deferred
sentences entered on any such traffic violation or parking violation. The school crossing guard
surcharge shall be collected by the Municipal Court and paid into the City's general fund.
Sec. 15-1-7. - Parking on private property; burden of proof.
(a) It shall be unlawful for any person to park, leave or cause to be parked or
left any automobile or other motor vehicle on the premises of another after having been
warned not to do so by word of mouth, sign or otherwise.
(b) On those areas of private property available for public use where
designated parking areas or individual spaces have been clearly identified \[by signs,
markings or otherwise\], it shall be unlawful and a class two municipal offense for any
person to park any automobile or other motor vehicle other than completely within the
area or individual space designated for parking. It shall be an affirmative defense to any
such violation that the automobile or other motor vehicle was parked, contrary to the
requirements of this Subsection, with the consent of the owner or person in lawful
possession of the private property.
(c) The presence of an unattended automobile or other motor vehicle on the
premises of one who is not the owner or in control of such vehicle shall create a prima
facie presumption that the registered owner of such vehicle did then and there park,
leave or cause to be parked or left the vehicle on such premises, and the burden of proof
shall be upon the registered owner to show otherwise.
(d) This Section shall not apply to employees of the City in the discharge of
their official duties.
Sec. 15-1-8. - Amendments and additions.
(a) The following parts, sections or subsections of \[Article I of said\]the Model Traffic
Code are hereby repealed, added or amended to read as follows:
(1) \[111.\]113. Office of the traffic engineer.
(1) The office of the traffic engineer shall be a civil service
appointment and an employee of the department of transportation. The traffic
engineer shall exercise the powers and duties provided in this Code. At such
times as the traffic engineer may be absent from the municipality or incapable of
performing his duties, the duties and powers of the traffic engineer shall be
vested in the director of \[the department of transportation\]public works or their
designee, or if the director of \[transportation\]public works or their designee is
absent from the municipality or incapable of performing his duties, the duties
shall be vested in a municipal official as determined and authorized by the
mayor.
(2) In the absence of such appointment or at such times as the traffic
engineer and director of \[transportation\]public works or their designee may
both be absent from the municipality or unable to perform his duties, said duties
shall be vested in the chief of police or other municipal official as determined and
authorized by the mayor.
(2) \[113.\]115. Authority of traffic engineer.
(1) The traffic engineer is hereby authorized to determine the
installation and proper timing and maintenance of official traffic control devices,
to conduct analyses of traffic accidents and to devise remedial or corrective
measures, to conduct investigation of traffic conditions, to plan the operation of
traffic on the streets and highways of this municipality, and to cooperate with
other municipal officials in the development of ways and means to improve traffic
conditions, and to exercise such additional powers as are granted by this Code.
(2) By way of example, but not by way of limitation, the traffic
engineer or other official vested with the office as provided herein is hereby
empowered and authorized, consistent with the provisions of this Code, to act as
follows:
(a) Direct the placement of all traffic control devices;
(b) Designate and mark medians and traffic islands;
(c) Conduct speed zoning studies and post speed limits as
permitted by law;
(d) Designate minimum speed as provided by law;
(e) Regulate speed and traffic movement by traffic signals and
provide for the synchronization of such signals wherever practicable;
(f) Designate one-way streets and roadways;
(g) Designate through streets or roadways and control
entrances thereto;
(h) Designate stop or yield intersections and erect stop or yield
signs thereat;
(i) Establish restrictions, prohibitions, and regulations for the
parking, standing, or stopping of vehicles;
(j) Designate special parking zones for taxicabs, buses, and
the like;
(k) Designate parking meter zones and establish time
limitations thereon based on an engineering and traffic investigation;
(l) Establish tow-away zones;
(m) Designate upon what streets, if any, angle parking shall be
permitted;
(n) Designate and sign intersections at which drivers shall not
make a right or left turn, a U-turn, or any turn at all times or during certain
times;
(o) Designate and sign intersections where multiple turns shall
be allowed;
(p) Mark centerlines and lane lines and place other pavement
markings necessary for the regulation and control of traffic;
(q) Install and maintain crosswalks at intersections or other
places where there is particular danger to pedestrians crossing the
roadway;
(r) Establish safety zones at such places where necessary for
pedestrian protection;
(s) Install pedestrian-control signals and designate those
crossings where angle crossing by pedestrians shall be permitted;
(t) Establish play streets;
(u)(I) Establish truck routes and truck loading zones; establish bus
stops and taxicab stands;
(II) Establish special freight loading zones upon
designated streets within the City of Pueblo downtown business
district, the Union Avenue business district, the Mesa-Junction
business district and the Minnequa business district for which
special permits may be issued to allow permit holders to park or
stand a truck upon said City streets in said districts which are not
part of the state highway system, within that lane of travel nearest
to the curbline, for a period of time not to exceed fifteen minutes,
for the expeditious loading or unloading of merchandise or
materials. Such permits shall only authorize temporary parking or
standing in such lane of travel where the following requirements
are also observed by the person in control of the permitted truck:
(i) that the truck may be safely parked or stopped in such manner
that there remains at that location one or more additional
unobstructed travel lanes for safe vehicle movement; (ii) that the
standing or parking is not located adjacent to any fire hydrant, fire
lane, driveway, alley or within fifty feet of any intersecting street;
(iii) that during the temporary parking or standing, the truck is
marked by operating emergency four-way flashing lights; (iv) that
the truck is stopped or parked in such manner that vehicles
lawfully parked between it and the curb may safely move from
their parked location to a lane of travel without unnecessary
obstruction or undue delay and (v) that, in any event, upon
request from the person in control of any vehicle blocked by the
truck, the truck shall be immediately moved to permit egress by
the blocked vehicle;
(v) Designate and sign those streets and roadways where
pedestrians, bicyclists or other nonmotorized traffic, or persons operating
a motor-driven cycle shall be excluded as provided by law;
(w) Designate and sign those streets upon which vehicles or
loads of a certain weight shall be prohibited;
(x) Provide for temporary street or alley closures by the
erection of official traffic control devices or barricades;
(y) Issue special permits for curb or special freight loading
operations, for the movement of vehicles having excess size or weight.
(3) Nothing in this section is intended, nor shall it be construed, to
create a legal duty or obligation upon the traffic engineer to act in any particular
manner or to exercise any of the powers granted herein.
\[(2.1) 114. Removal of traffic hazards. - Repealed.
(2.2) 117. Personal mobility devices.
(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.
(2.2.5) 204. When lighted lamps are required.
(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.
(2.3) 221. Bicycle and electric personal assisted mobility device (EPAMD)
equipment.
(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.
(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.
(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.
(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.
(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 (2)
to (4) of this subsection.
(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.
(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.
(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.
(2.4) 224. Horns or warning devices.
(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.
(2.4.5) 234. Slow-moving vehicles - display of emblem.
(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.
(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.
(2.5) 236. Child restraint systems required - definitions - exemptions.
(1) As used in this section, unless the context otherwise requires:
(a) Child care center means a facility required to be licensed
under the 'Child Care Licensing Act,' Article 6, of Title 26, C.R.S.
(b) Child booster seat means a child passenger restraint
system that meets the federal motor vehicle safety standards set forth in
Section 49 CFR 571.213, as amended, that is designed to elevate a child
to properly sit in a federally approved safety belt system.
(c) Child restraint system means a specially designed seating
system that is designed to protect, hold, or restrain a child in a motor
vehicle in such a way as to prevent or minimize injury to the child in the
event of a motor vehicle accident that is either permanently affixed to a
motor vehicle or is affixed to such vehicle by a safety belt or a universal
attachment system, and that meets the federal motor vehicle safety
standards set forth in Section 49 CFR 571.213, as amended.
(d) Child safety belt positioning device means a device that
positions a safety belt around a child in a manner that safely restrains
such child in a seating position that conforms to all applicable federal
motor vehicle safety standards.
(e) Safety belt means a lap belt, a shoulder belt, or any other
belt or combination of belts installed in a motor vehicle to restrain drivers
and passengers, except any such belt that is physically a part of a child
restraint system. Safety belt includes the anchorages, the buckles, and all
other equipment directly related to the operation of safety belts.
(f) Seating position means any motor vehicle interior space
intended by the motor vehicle manufacturer to provide seating
accommodation while the motor vehicle is in motion.
(2)(a) Unless exempted pursuant to subsection (3) of this section, every
child who is under four years of age and weighs under forty pounds, being
transported in this City in a privately owned noncommercial passenger vehicle or
in a vehicle operated by a child care center, shall be provided with one of the
following child restraint systems suitable for the child's size and shall be properly
fastened into such child restraint system which is in a seating position which is
equipped with a safety belt or other means to secure the system according to the
manufacturer's instructions.
(i) If the child is less than one year of age or weighs
less than twenty pounds, the child shall be properly restrained in a
rear-facing child restraint system.
(ii) If the child is one year of age or older, but less than
four years of age, and weighs less than forty pounds, but at least
twenty pounds, the child shall be properly restrained in a forward-
facing child restraint system.
(b) Unless excepted pursuant to subsection (3) of this section,
every child who is at least four years of age or weighs forty pounds or
more, being transported in this City in a privately owned noncommercial
vehicle or in a vehicle operated by a child care center, shall be properly
secured by one of the following safety devices approved for a child of
such age or weight by the United States Department of Transportation, or
in a safety belt, whichever is appropriate for the child:
(i) Except as otherwise provided in subparagraph (i.5)
of this paragraph (b), if the child is at least four years of age but
less than six years of age and is less than fifty-five inches tall, the
child shall be properly restrained in a child booster seat or with a
child safety belt positioning device.
(i.5) If the child is at least four years of age but less than
six years of age and is less than fifty-five inches tall, and if the
child is being transported in a vehicle equipped with only a two-
point-lap-belt-only system available for the child, the child shall be
properly restrained with a lap belt.
(ii) If the child is six years of age or older or is fifty-five
inches tall or more, the child shall be properly restrained with the
motor vehicle's safety belt properly adjusted and fastened around
the child's body.
(c) It is the responsibility of the driver transporting children,
subject to the requirements of this section, to ensure that such children
are provided with and that they properly use a child restraint system or
safety belt system.
(3) The requirements of subsection (2) of this section shall not apply
to a child who:
(a) Is being transported in a motor vehicle as a result of a
medical emergency;
(b) Is being transported in a commercial motor vehicle, as
defined in section 42-2-402(4)(a), C.R.S., that is operated by a child care
center; or
(c) Is the driver of a motor vehicle and is subject to the safety
belt requirements provided in section 237.
(4) No person shall use a safety belt or child restraint system,
whichever is applicable under the provisions of this section, for children under
sixteen years of age in a motor vehicle unless it conforms to all applicable federal
motor vehicle safety standards.
(5) Any violation of this section shall not constitute negligence per se
or contributory negligence per se.
(6) It is unlawful and a municipal offense for any person to violate any
provision of this section.
(7) Any fine imposed for a violation of this section may be waived if
the driver presents the court with satisfactory evidence of the acquisition,
purchase, or rental of an approved child restraint system by the time of the court
appearance.
(8) No driver in a motor vehicle shall be cited for a violation of
subparagraph (i) of paragraph (b) of subsection (2) of this section unless such
driver was stopped by a law enforcement officer for an alleged violation of the
Model Traffic Code, as adopted with amendments pursuant to Title XV of the
Pueblo Municipal Code, other than a violation of this section or section 237.
(9) With respect to a violation of subparagraph (i) of paragraph (b) of
subsection (2) of this section which occurs prior to August 1, 2004, the police
officer shall not cite the driver for such violation but shall notify and warn the
driver that such violation is a municipal offense."
(2.6) 503. Projecting loads on passenger vehicles.
No passenger-type vehicle, except a motorcycle, 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."
(2.7) 710. Emerging from or entering alley, driveway, or building.
(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.
. . .
(2.9) 802. Pedestrians' right-of-way in crosswalks.
(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.
. . .
(3) 803. Crossing at other than crosswalks.
(1) Every pedestrian crossing a roadway at any point other than
within a marked crosswalk or within an unmarked crosswalk at an intersection
shall yield the right-of-way to all vehicles upon the roadway.
(2) Any pedestrian crossing a roadway at a point where a pedestrian
tunnel or overhead pedestrian crossing has been provided shall yield the right-of-
way to all vehicles upon the roadway.
(3) Between adjacent intersections at which traffic control signals are
in operation, pedestrians shall not cross at any place except in a marked
crosswalk.
(4) No pedestrian shall cross a roadway intersection diagonally
unless authorized by official traffic control devices; and, when authorized to cross
diagonally, pedestrians shall cross only in accordance with the official traffic
control devices pertaining to such crossing movements.
(5) For the purpose of this section, the term 'intersection' shall not
include the area within the prolongation of lateral curb lines or lateral boundary
lines where a street or highway joins at an angle with an alley, alleyway, public or
private driveway, entrance to a parking lot or exit from a parking lot.\]
\[(4)\](3) 1101. Speed limits.
(1) No person shall drive a vehicle on a highway at a speed greater
than is reasonable and prudent under the conditions then existing.
(2) Except when a special hazard exists that requires a lower speed,
the following speeds shall be lawful:
(a) Twenty miles per hour in all parks;
(b) Twenty-five miles per hour in any business district, as
defined in section 42-1-102 (11), C.R.S.;
(c) Thirty miles per hour in any residence district, as defined in
section 42-1-102 (80), C.R.S.;
(d) Fifteen miles per hour in all alleys;
(e) Forty-five miles per hour for all vehicles in the business of
transporting trash, where higher speeds are posted, when said vehicle is
loaded as an exempted vehicle pursuant to section 507(3);
(f) Fifty-five miles per hour on other open highways which are
not on the interstate system, as defined in section 43-2-101 (2), C.R.S.
and are not surfaced four-lane freeways or expressways;
(g) Sixty-five miles per hour on surfaced, four-lane highways
which are on the interstate system, as defined in section 43-2-101 (2),
C.R.S., \[where authorized by a majority of the members of the
transportation commission and such speed has been so designated by
official traffic control devices\]; or are freeways or expressways;
(h) Twenty miles per hour in all school zones and at school
crossings when posted;
(i) Any speed not in excess of a speed limit designated by an
official traffic control device.
(3) No driver of a vehicle shall fail to decrease the speed of such
vehicle from an otherwise lawful speed to a reasonable and prudent speed when
a special hazard exists with respect to pedestrians or other traffic or by reason of
weather or highway conditions.
(4) Except as otherwise provided in paragraph (c) of subsection (8) of
this section, any speed in excess of the lawful speeds set forth in subsection (2)
of this section shall be prima facie evidence that such speed was not reasonable
or prudent under the conditions then existing. As used in this subsection (4),
'prima facie evidence' means evidence which is sufficient proof that the speed
was not reasonable or prudent under the conditions then existing, and which will
remain sufficient proof of such fact, unless contradicted and overcome by
evidence bearing upon the question of whether or not the speed was reasonable
and prudent under the conditions then existing.
(5) In every charge of violating subsection (1) of this section, the
complaint, summons and complaint, or penalty assessment notice shall specify
the speed at which the defendant is alleged to have driven and also the alleged
reasonable and prudent speed applicable at the specified time and location of the
alleged violation.
(6) The provisions of this section shall not be construed to relieve the
party alleging negligence under this section in any civil action for damages from
the burden of proving that such negligence was the proximate cause of an
accident.
(7) Notwithstanding paragraphs (a), (b) and (c) of subsection (2) of
this section, this municipality may by ordinance adopt absolute speed limits as
the maximum lawful speed limits in its jurisdiction, and such speed limits shall not
be subject to the provisions of subsection (4) of this section.
\[(8)(a) Notwithstanding any other provisions of this section, no person
shall drive a vehicle on a highway which is on the interstate system, as defined in
section 43-2-101 (2), C.R.S., at a speed in excess of a maximum lawful speed
limit of sixty-five miles per hour.
(b) Notwithstanding any other provisions of this section, no
person shall drive a vehicle on a highway which is not on the interstate
system, as defined in section 43-2-101 (2), C.R.S., at a speed in excess
of a maximum lawful speed limit of fifty-five miles per hour.
(c) The speed limits set forth in paragraphs (a) and (b) of this
subsection (8) are maximum lawful speed limits and are not subject to the
provisions of subsection (4) of this section.
(d) In every charge of a violation of paragraph (a) or (b) of this
subsection (8), the complaint, summons and complaint, or penalty
assessment notice shall specify the speed at which the defendant is
alleged to have driven and also the maximum lawful speed limit of fifty-
five miles per hour or sixty-five miles per hour, whichever is applicable.\]
(8)(a) (Deleted by amendment, L. 96, p. 578, § 2, effective May 25,
1996.)
(b) Notwithstanding any other provisions of this section,
no person shall drive a vehicle on a highway at a speed in excess of
a maximum lawful speed limit of seventy-five miles per hour.
(c) The speed limit set forth in paragraph (b) of this
subsection (8) is the maximum lawful speed limit and is not subject
to the provisions of subsection (4) of this section.
(d) Local authorities within their respective jurisdictions
shall not authorize any speed limit which exceeds seventy-five miles
per hour on any highway.
(e) The provisions of this subsection (8) are declared to
be matters of both local and statewide concern requiring uniform
compliance throughout the state.
(f) In every charge of a violation of paragraph (b) of this
subsection (8), the complaint, summons and complaint, or penalty
assessment notice shall specify the speed at which the defendant is
alleged to have driven and also the maximum lawful speed limit of
seventy-five miles per hour.
(g) Notwithstanding any other provision of this section,
no person shall drive a low-power scooter on a roadway at a speed
in excess of forty miles per hour. Local authorities shall not
authorize low-power scooters to exceed forty miles per hour on a
roadway.
(9) The conduct of a driver of a vehicle which would otherwise
constitute a violation of this section is justifiable and not unlawful when:
(a) It is necessary as an emergency measure to avoid an
imminent public or private injury which is about to occur by reason of
a situation occasioned or developed through no conduct of said driver
and which is of sufficient gravity that, according to ordinary standards
of intelligence and morality, the desirability and urgency of avoiding
the injury clearly outweigh the desirability of avoiding the
consequences sought to be prevented by this section; or
(b) With respect to authorized emergency vehicles, the
applicable conditions for exemption, as set forth in section \[105\]108,
exist.
(10) The minimum requirement for commission of a traffic infraction or
misdemeanor traffic offense under this section is the performance by a driver of
prohibited conduct, which includes a voluntary act or the omission to perform an
act which said driver is physically capable of performing.
(11) It shall not be a defense to prosecution for a violation of this
section that:
(a) The defendant's conduct was not performed intentionally,
knowingly, recklessly or with criminal negligence; or
(b) The defendant's conduct was performed under a mistaken
belief of fact, including, but not limited to, a mistaken belief of the
defendant regarding the speed of the defendant's vehicle; or
(c) The defendant's vehicle has a greater operating or fuel-
conserving efficiency at speeds greater than the reasonable and prudent
speed under the conditions then existing or at speeds greater than the
maximum lawful speed limit.
\[(4.1) 1002. Passing oncoming vehicles.
(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."
(4.2) 1003. Overtaking a vehicle on the left.
(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.
(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.
(4.3) 1004. When overtaking on the right is permitted.
(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.
(4.4) 1005. Limitations on overtaking on the left.
(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.
. . .
(4.7) 1008.5. Crowding or threatening bicyclist.
(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.
. . . \]
\[(5)\](4) 1203. Parking of heavy and unlicensed vehicles.
(1) No person shall park any vehicle carrying or designed to carry a
load of one ton or more or any trailer or semitrailer whatsoever on any street in a
residential district for a period of time longer than thirty minutes between the
hours of 8:00 p.m. and 7:00 a.m.
(2) It shall be unlawful for any person to park or cause to be parked
an unlicensed vehicle on any public property, including any portion of a street or
highway right-of-way.
(3) An unlicensed vehicle left on public property, including any portion
of a street or highway right-of-way, for a period longer than seventy-two hours,
shall be removed and sold in accordance with the procedures set forth in
Sections 1801 and 1802 of this Code.
(4) 'Unlicensed vehicle' means a vehicle which does not have
displayed thereon license plates of the registration period to which they pertain
and includes a vehicle without license plates as well as a vehicle with expired
license plates."
\[(6)\](5) 1204. Stopping, standing or parking prohibited in specified places.
(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 \[1214\]1215 \[and 113(2)(y)\] of the Model
Traffic Code, as amended by this section;
(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."
\[(7)\](6) 1205. Parking at curb or edge of roadway.
(1) Except as otherwise provided in this section, every vehicle
stopped or parked upon a two-way roadway shall be so stopped or parked with
the right-hand wheels parallel to and within twelve inches of the right-hand curb
or as close as practicable to the right edge of the right-hand shoulder.
(2) Except as otherwise provided by local ordinance, every vehicle
stopped or parked upon a one-way roadway shall be so stopped or parked
parallel to the curb or edge of the roadway in the direction of authorized traffic
movement, with its right-hand wheels within twelve inches of the right-hand curb
or as close as practicable to the right edge of the right-hand shoulder or with its
left-hand wheels within twelve inches of the left-hand curb or as close as
practicable to the left edge of the left-hand shoulder.
(3) On those streets which have been signed or marked by the traffic
engineer, or other person so authorized, for angle parking, no person shall stop
or park a vehicle other than at the angle to the curb or edge of the roadway
indicated by such signs or markings. Such parking shall be with the front end of
the vehicle nearest to and facing the curb or, in the event there is no curb, the
enclosed end of the parking space, unless otherwise expressly permitted by
posted signs.
(4) On those streets which have been marked by the traffic engineer,
or other person so authorized, designating separate and distinct parking spaces
indicated by appropriate markings upon the curb and/or the pavement of the
street, no person shall park a vehicle in any such designated parking space so
that any part of the vehicle occupies more than one space or protrudes beyond
the markings designating said space.
(5) No person shall park a vehicle upon a roadway with the right-hand
wheels parallel to the right-hand curb or right edge of the right-hand shoulder in
such a manner as to leave available less than two feet of clearance between any
other vehicle in front of or behind such vehicle when parked.
\[(7.5)\]7 1207. Opening and closing vehicle doors.
(1) No person shall open the door of a motor vehicle on the side
available to moving traffic unless and until it is reasonably safe to do so and can
be done without interfering with the movement of other traffic; nor shall any
person leave a door open on the side of a vehicle available to moving traffic for a
period of time longer than reasonably necessary to load or unload passengers.
(2) No person shall open the door of a motor vehicle that is located on
private property used by the general public for parking purposes unless and until
such action can be done safely and without interfering with movement or
passage of another vehicle.
\[(8) 1208. Parking privilege for persons with disabilities.
(1) As used in this section, 'person with a disability' has the meaning
provided for such term in section 42-3-121 (1), C.R.S., and 'distinguishing license
plate or placard' means a license plate or placard issued pursuant to section 42-
3-121 (2), C.R.S.
(2) Reserved.
(3)(a) A person with a disability may park in a parking space identified as
being reserved for use by persons with disabilities whether on public property or
private property available for public use. A distinguishing license plate or placard
obtained pursuant to section 42-3-121, C.R.S., or as otherwise authorized by
subsection (4) of this section 1208 shall be displayed at all times on the vehicle
while parked in such space.
(b) The owner of private property available for public use may
request the installation of official signs identifying parking spaces
reserved for use by persons with disabilities. Such a request shall be a
waiver of any objection the owner may assert concerning enforcement of
this section by peace officers of any political subdivision of this state, and
such officers are hereby authorized and empowered to so enforce this
section, provisions of law to the contrary notwithstanding.
(c) Each parking space reserved for use by persons with
disabilities whether on public property or private property shall be marked
with an official upright sign, which sign may be stationary or portable,
identifying such parking space as reserved for use by persons with
disabilities.
(4) Persons with disabilities from states other than Colorado shall be
allowed to use parking spaces for persons with disabilities in Colorado so long as
such persons have valid license plates or placards from their home state that are
also valid pursuant to 23 C.F.R. Part 1235.
(5) It is unlawful for any person other than a person with a disability to
park in a parking space on public or private property that is clearly identified by
an official sign as being reserved for use by persons with disabilities unless: (a)
such person is parking the vehicle for the direct benefit of a person with a
disability to enter or exit the vehicle while it is parked in the space reserved for
use by persons with disabilities, and (b) a distinguishing license plate or placard
is displayed upon such vehicle.
(6) Any person who is not a person with a disability who violates the
provisions of subsection (5) of this section commits a traffic offense.
(7) Any person who is not a person with a disability and who uses a
license plate or placard issued pursuant to section 42-3-121, C.R.S. in order to
receive the benefits or privileges available to a person with a disability under this
section commits a traffic offense.
(8) Any law enforcement officer or authorized parking enforcement
official may check the identification of any person using a license plate or placard
for persons with disabilities in order to determine whether such use is authorized.
(9) Any vehicle properly parked in a space so designated as reserved
for vehicles of persons with disabilities shall be subject to and shall at all times
comply with all other parking regulations, including maximum time limitations,
properly posted and applicable to said parking space.
(10) It is unlawful and a municipal offense for any person to park a
vehicle so as to block reasonable access to curb ramps or passenger loading
zones, as identified in 28 C.F.R. Part 36 (Appendix A), that are clearly identified
and are adjacent to a parking space reserved for use by persons with disabilities
unless such person is loading or unloading a person with a disability.\]
\[(9)\](8) \[1212.\]1214. Standing, parking or storing of major recreational
equipment prohibited.
(1) It shall be unlawful for any person to stand or park any major
recreational equipment on any street or street right-of-way in a residential district
anywhere within the City other than for the loading or unloading thereof.
(2) Notwithstanding any other ordinance it shall be unlawful to
park any major recreational equipment on any street or street right-of-way
for more than 24 hours in any seven-day period. This amount of time shall
be cumulative and need not be consecutive and shall apply to all streets,
highways or roadways within the city whether or not the vehicle is moved
from one location to another during that seven-day period.”
\[(2)\](3)It shall be unlawful for any person to stand, park or store any major
recreational equipment anywhere within the City in such a manner as to obstruct
or interfere with the view of any intersection or official traffic control device.
\[(3)\](4)Major recreational equipment shall be defined as recreational
equipment including boats and boat trailers, travel trailers, pickup campers or
coaches (designed to be mounted on automotive vehicles), motorized dwellings,
tent trailers and the like, and cases or boxes used for transporting recreational
equipment, whether occupied by such equipment or not."
\[(10)\](9) \[1213.\]1215. Standing in freight curb loading zone; permits.
(1) No person shall stop, stand or park a vehicle for any purpose or
length of time in any place marked as a freight curb loading zone, during the
hours designated other than a vehicle regularly licensed as a truck by the State
of Colorado, except on procurement of a freight curb loading zone permit as
provided below. Such zone shall be occupied only for the expeditious loading
and unloading of materials and in no case shall the stop exceed fifteen minutes
except upon written permission from the chief of police or his authorized
representative.
(2) The chief of police is authorized to issue special permits to permit
the backing of a vehicle at right angles to the curb for the purpose of loading or
unloading of merchandise or material subject to the terms and conditions of such
permit. The chief of police is also authorized to issue special freight loading
permits in accordance with the provisions and limitations of section 113(b)(21) of
this Code.
(3) The chief of police is hereby authorized to issue a freight curb
loading permit or special freight loading permit specific to identified vehicles,
employed by any person operating a business, the nature of which requires the
use of such zones for loading and unloading, delivering and picking up of
materials or merchandise. A twenty-five-dollar fee shall be charged for each such
permit, which permit shall expire at the end of each calendar year but which may
be reissued for the ensuing year.
(4) Application for such permit shall be in writing and contain such
information as the chief of police may require.
(5) Permits issued pursuant to this section shall be carried in the
vehicle at all times and displayed in the left portion of the windshield when such
vehicle is occupying a freight curb loading zone or parking or standing pursuant
to a special freight loading permit."
\[(11)\](10) \[1214.\]1216. Permits for loading zones.
Whenever special permits are issued, as authorized in section \[1215\]1217, to
establish or control the use of loading zones or to allow the backing, parking or
standing of a vehicle for the purpose of loading or unloading merchandise or
materials subject to certain conditions, no permittee or other person shall violate
any of the special terms of any such permit."
\[(12)\](11) \[1215.\]1217 Parking permits for metered and limited time parking
zones.
(1) It shall be unlawful for any person to park any vehicle in a metered
zone without first having deposited the proper coin therein or without displaying a
permit to park without the deposit of such coin.
(2) It shall be unlawful for any person to park any vehicle for a period
in excess of the permitted parking time allowed in any limited time parking zone
without displaying a permit to park without regard to the permitted parking time in
said zone.
(3) The chief of police or his authorized representative is hereby
authorized to issue a permit to park in a metered parking area without placing a
coin in said meter, and to issue a permit to park in a limited time parking zone
without regard to the permitted parking time in said zone, upon the payment of
such fee and upon such terms and conditions as shall hereinafter be set forth.
(4) Such permit shall be in such form as shall be determined by the
chief of police or his authorized representative, and he shall maintain a record of
the persons to whom such permit is issued, the amount of the fee paid, the
amount of deposit received and the date the permit shall be surrendered and the
deposit refunded.
(5) The following persons or classes of persons shall be authorized
by the chief of police or his authorized representative to obtain and use parking
permits for the purposes herein stated:
(a) Any building contractor licensed as such by the City of
Pueblo while in the performance of construction, demolition or
remodeling.
(b) Emergency service vehicles while in the performance of
emergency service.
(c) Curbside displays or public promotions for special
occasions including religious, charitable, civic and festive occurrences or
celebration of or promoting some event of religious, national, state or civic
significance; provided, however, that no advertising of a commercial
nature shall be permitted in any curbside display or public promotion.
(d) Members of the press employed by a radio or television
news department, or newspaper of general circulation while in the
performance of their duties.
(6) Before such permit shall be issued, the applicant therefor shall
pay a deposit of the amount sufficient to replace the permit in the event the same
shall be lost or stolen, but in no event shall such deposit be less than ten dollars.
Such deposit shall be refunded upon return of the permit to the chief of police
within the time stated in the same condition as issued, reasonable wear and tear
excepted. Such deposit shall not be required in the event a paper permit,
stamped with the effective date or dates, shall be issued.
(7) No permit shall be issued for less than one calendar day. The fees
for such permit shall be payable in advance as follows:
(a) For one calendar day or fraction thereof: Three dollars per
day.
(b) For one calendar week or fraction thereof: Five dollars per
week.
(c) For one calendar month or fraction thereof: Ten dollars per
month.
(d) For one (1) calendar year or fraction thereof: Forty dollars
per year.
Such fee shall be in lieu of all other parking fee revenues payable by the holder
of such permit for one vehicle owned or operated by the holder of such permit
and parked in a metered or zoned parking area for the purpose for which such
permit is issued; provided, however, that this Code shall at all times be construed
as a regulatory measure and not as a rental or revenue-producing measure for
use of the public street. It shall be unlawful for any person to use such permit
upon any date not expressly authorized at the time of issuance thereof, or in any
parking area specifically prohibited in writing at the time of issuance thereof or
prohibited by appropriate signs properly posted, in such parking area or without
having first paid the required fee therefor.
(8) Elected officials of the City and of the County of Pueblo, the mayor
of the City of Pueblo and the county manager of Pueblo County shall be issued
parking permits for use only while in the performance of their official duties.
There shall be no fee for permits issued as provided by this subsection; however,
all other requirements of this section shall apply.
(9) It shall be unlawful for any person to use such permit other than
as provided herein or for an automobile, equipment or vehicle other than that
used in his business. Upon conviction of any violation of this section, the permit
issued hereunder shall be declared void and shall be surrendered to the chief of
police or his authorized representative, and all unused fees and deposits paid for
the use of such permit shall be forfeited without further notice or action. The
applicant shall not thereafter be eligible for a new permit for a period of thirty
days after the first con-viction, ninety days after the second conviction, and
twelve months after the third and all subsequent convictions.
\[(13)\](12) \[1216.\]1218. Parking for certain purposes prohibited.
No person shall park a vehicle upon a roadway, street or highway for the
principal purpose of:
(1) Displaying such vehicle for sale;
(2) Washing, greasing, painting or repairing such vehicle except
repairs necessitated by an emergency; or
(3) Displaying advertising.
\[(14)\](13) Part 13, Parades and Funerals.
PART 13
PARADES AND FUNERALS
1301. \[Permits required for parades and races; conduct.
Subsection 1301-1.\] Definitions.
For this \[Subsection 1301\]Part 13, the following definitions shall apply, unless
the context clearly indicates otherwise:
(1) Chief of police shall mean the Chief of Police of the Pueblo Police
Department or his designated representative.
(2) Mayor shall mean the Mayor of the City of Pueblo or his
designated representative.
(3) First Amendment activity shall mean all expressive and
associative activity that is protected by the United States and Colorado
Constitutions, including speech, press, assembly, and the right to petition, but not
including commercial advertising.
(4) First Amendment parade shall mean a parade, the sole or
principal object of which is First Amendment activity.
(5) Non-First Amendment parade shall mean a parade the sole or
principal object of which is not First Amendment activity.
(6) Organize shall mean to arrange systematically as an individual or
with a committee or group for harmonious or united action.
(7) Permit holder shall mean a person issued a parade permit
pursuant to the article.
(8) Parade shall mean a group of persons moving along, by whatever
means, in an orderly, formal manner on any street, alley, or public thoroughfare
from a point of origin to a point of termination or a group of persons moving
along, by whatever means, in an orderly, formal manner anywhere else in the
City from a point of origin to a point of termination in such a way as to impede the
normal flow or regulation of pedestrian or vehicular traffic.
(9) Parade permit shall mean the parade permit required by this
subsection.
(10) Parade unit shall mean any vehicle, animal or object used to
transport a person who is participating in a parade.
(11) Traffic control personnel shall mean certified peace officers or
other persons assigned by the Chief of Police engaged to provide control of the
flow of both non-participant and participant pedestrians and vehicles so as to
minimize the traffic congestion and to maintain traffic flow at permitted events.
Subsection 130\[1-\]2. Permit required.
No person shall organize any parade without having first obtained a parade
permit.
Subsection 130\[1-\]3. Exceptions to application.
This subsection shall not apply to:
(1) The movement of persons in an orderly, formal manner from a
point of origin to a point of termination on a sidewalk, so long as the movement
does not impede the normal flow of pedestrian or vehicular traffic; or
(2) A public assemblage that does not involve the movement of
persons in an orderly, formal manner from a point of origin to a point of
termination.
Subsection 130\[1-\]4. Application for permit.
\[(a)\](1) A person seeking issuance of a parade permit shall file an
application with the Chief of Police on forms provided by such officer.
\[(b)\](2) First Amendment parade permits.
\[(1)\](a) An application for a First Amendment parade permit shall
be filed with the Chief of Police not less than thirty (30) calendar days nor
more than one hundred fifty (150) calendar days before the proposed
parade date;
\[(2)\](b) Where the planning and organization of a First
Amendment parade, however, begins within thirty (30) calendar days of
the proposed parade date, an application for a First Amendment parade
permit shall be filed with the Chief of Police within three (3) calendar days
of the date on which planning and organization of the parade begins, but
not less than one (1) calendar day before the proposed parade date.
\[(3)\](c) The Chief of Police, may consider a First Amendment
application filed less than thirty (30) calendar days, but not less than one
(1) calendar day before the proposed parade date so long as there is
adequate time for the Pueblo Police Department to process the
application and plan for the parade.
\[(c)\](3) Non-First Amendment parade.
\[(1)\](a) An application for a non-First Amendment parade permit
shall be filed with the Chief of Police not less than forty-five (45) calendar
days nor more than one hundred fifty (150) calendar days before the
proposed parade date.
\[(2)\](b) The Chief of Police may consider a non-First Amendment
parade application filed less than forty-five (45) calendar days before the
proposed parade date, but not less than thirty (30) calendar days, before
the proposed parade date so long as there is adequate time for the
Pueblo Police Department to process the application and plan for the
parade.
\[(d)\](4) The permit holder for a parade actually held during a prior year
may receive advance approval of the route, date, and time not more than thirteen
(13) months in advance of the scheduled date of the parade. The Chief of Police
may give advance approval after receiving a written request from a permit holder.
The permit holder shall receive the right of first refusal as to the route, date, and
time of the parade that may be exercised until ninety (90) calendar days prior to
the approved date of the parade.
\[(e)\](5) The application shall include the following:
\[(1)\](a) The name, address, and telephone number of the person
seeking to conduct the parade;
\[(2)\](b) Where the parade is to be held for or by an entity, rather
than an individual, the name, address, telephone number of the entity and
the name, address, and telephone number of the head of the entity;
\[(3)\](c) Where the parade is to be held by or for any person other
than the applicant, documentation evidencing authority to make the
application;
\[(4)\](d) The name, address, and telephone number of the person
who will be the parade chairman and who will be responsible for its
conduct;
\[(5)\](e) The date the parade will be conducted;
\[(6)\](f) The location of the assembly area, the starting point of the
parade, the route of the parade, the ending point of the parade, and the
location of the disbanding area;
\[(7)\](g) The approximate number of persons who will participate in
the parade;
\[(8)\](h) The approximate number of parade units that will be
included in the parade and a description of those parade units;
\[(9)\](i) The approximate number of animals and the type of
animals that will be included in the parade;
\[(10)\](j) The time when the parade will begin and end;
\[(11)\](k) A statement as to whether the parade will occupy all or
only a portion of the width of the streets proposed to be used;
\[(12)\](l) The time at which units of the parade will arrive at the
assembly area;
\[(13)\](m) The purpose of the parade;
\[(14)\](n) Any other information which the Chief of Police finds
necessary to an evaluation of the request under the standards for
issuance set forth in Subsection 130\[1-\]5.
\[(f)\](6) The application shall be accompanied by a fee of seventy-five
dollars ($75.00). In the event the organizers of an event cannot provide payment
with the application, an organizer may submit an affidavit attesting that he or she
will provide payment within fifteen (15) business days of the date of the
submission of the application. Failure to provide payment will trigger the surety
bond requirement in Subsection 130\[1-\]7 for future parade events by the
organizers and the organizer signing the affidavit shall become personally
responsible for payment. The application fee shall be waived by the Chief of
Police upon receipt of a verified statement from the permit holder that the
parade's purpose is First Amendment expression and that the payment of the
application fee is so financially burdensome that it would constitute an
unreasonable restraint on the right of First Amendment expression.
Subsection 130\[1-\]5. Standards for issuance.
The Chief of Police shall uniformly treat each application in a just, fair, and
nondiscriminatory manner bearing in mind that the time, place, duration, and manner of
use of the public street, parks, and other public ways and places for parades shall be
subordinated to the public safety, comfort and convenience, the maintenance of order,
and avoidance of congestion. The Chief of Police shall issue a permit when, from a
consideration of the application, he finds that:
(1) The conduct of the parade will not substantially interrupt the safe
and orderly movement of other traffic near its route.
(2) The conduct of the parade will not require the diversion of so
great a number of police officers of the City to properly police the line of
movement and the areas near there as to prevent normal police protection of the
City;
(3) The conduct of such parade will not require the diversion of so
great a number of ambulances as to prevent normal ambulance service to
portions of the City other than that to be occupied by the proposed line of march
and areas near there;
(4) The concentration of persons, animals and parade units at
assembly and disbanding points of the parade will not unduly interfere with
proper fire and police protection of, or ambulance service to, areas near such
assembly or disbanding areas;
(5) The conduct of such parade will not interfere with the movement
of fire fighting equipment en route to a fire;
(6) The parade is scheduled to move from its point of origin to its
point of termination without unreasonable delays en route;
(7) The applicant has fulfilled the requirements of this subsection; and
(8) The event does not conflict with a previously scheduled event that
is scheduled to:
(a)\[.\] Occur at the same time and place; or
(b)\[.\] Occur at the same time, though at a different location or
along a route that crosses over or conflicts with previously scheduled
events.
Subsection 130\[1-\]6. Notice of rejection; appeal.
The Chief of Police shall act upon the application for a First Amendment parade
permit within five (5) calendar days after it has been filed. If an application for a First
Amendment parade permit has been filed under Subsections \[1301-4(b)(2) or
(3)\]1304(2)(b) or (c), or under \[1301-4(c)(2)\]1304(3)(b) for an event which will take
place within five (5) days of the submission of the application, the Chief of Police shall
act upon the application as soon as is practicably possible. The Chief of Police shall
act upon the application for a non-First Amendment parade permit within thirty (30)
calendar days after it has been filed. If the Chief of Police does not approve any
application for a parade permit, he shall immediately mail, by certified mail/return
receipt requested, to the applicant, a notice of his action, stating the reason for his
denial of a permit. The applicant shall have the right to appeal a denial of a parade
permit to the Mayor by filing notice of appeal with the City Clerk, within seven (7)
calendar days after receipt of the notice provided above. The appeal shall be heard
within ten (10) calendar days of the filing of the appeal by the Mayor or the \[Mayor's\]
designee. For denials of First Amendment parade permits, the Mayor or his designee
shall hear the appeal as soon as practicable. The decision of the Mayor or his or her
designee is final.
Subsection 130\[1-\]7. Duties of and costs to be paid by permit holder.
\[(a)\](1) Each permit holder shall comply with all requirements of this
subsection, the permit directions and conditions, and with all applicable laws and
ordinances.
\[(b)\](2) Each permit holder is responsible for the costs of:
\[(1)\](a) Providing traffic control devices for the parade route;
\[(2)\](b) Providing traffic control personnel, whether on duty or on
overtime, for the parade route; and
\[(3)\](c) Cleaning up the parade route.
\[(c)\](3) In reviewing the application for parade permit, the Chief of Police
or his or her designee shall determine the number of traffic control personnel and
traffic control devices reasonably necessary to control traffic in the area of the
requested parade. The chief or designee will consider the following factors and
identify the effect of each factor in assessing the estimated traffic control costs:
\[(1)\](a) The route and the identification of roadways that cross
through or feed into the street of the proposed route;
\[(2)\](b) The number of anticipated participants and vehicles in the
event;
\[(3)\](c) Identification of other roadways, or public transportation
and emergency vehicle routes that may be affected by the event;
\[(4)\](d) Length of the route and the identification of the number of
intersections along the route that will require barricades or traffic control
personnel;
\[(5)\](e) Whether intersections must be individually barricaded or
whether traffic control personnel can be assigned to move along with the
event;
\[(6)\](f) The date and time of the event;
\[(7)\](g) Volume of vehicular and pedestrian traffic typical on and
along the route for the time of day, day of the week and time of year for
the proposed route.
(4) The cost for each City Police Department officer shall be set in
accordance with the collective bargaining agreement. The cost for traffic control
devices will be set in accordance with the prices set in the City's annual contract
for traffic control devices. The permittee may choose to contract directly with a
traffic control provider.
(5) For First Amendment events, the City shall absorb the cost of the
traffic control devices and traffic control personnel costs upon receipt of a verified
statement of the permit holder that the parade's purpose is First Amendment
expression and that the payment of the cost of the traffic control devices and
traffic control personnel costs is so financially burdensome that it would
constitute an unreasonable restraint on the right of First Amendment expression.
(6) Traffic control personnel shall be in a number sufficient to
adequately safeguard the flow of both participant and non-participant traffic in
order to minimize congestion, as determined by the Chief of Police. Any
additional costs for Police Department personnel deemed necessary to provide
security due to the nature of the event will not be assessed to the permit holder.
(7) The permit holder shall obtain approval of the traffic control plan
described by the Chief of Police, including a barricade plan and an estimate of
the traffic control costs. The permit holder shall receive from the City an invoice
for the required costs within fifteen (15) calendar days after the parade. The
payment for these costs shall be due to the City within thirty (30) calendar days
after the date of the parade. If the applicant disputes the costs assessed by the
Police Department, the applicant may file an appeal with the office of the Mayor
within seven (7) business days of receipt of the invoice. The appeal must identify
the specific costs in dispute. The Mayor or his or her designee will review the
assessed costs based on the criteria required to be used by the Chief of Police
and render a final decision regarding the costs to be paid by the permittee within
fifteen (15) business days of receiving the appeal. No costs shall be owed during
the appeal until the office of the Mayor has rendered its decision.
\[(d)\](8) Because of their broad appeal, historic tradition, cultural
significance, and other public benefits provided by the State Fair Parade, Fiesta
Day Parade and Kid's Day Parade, the City shall cover the costs of traffic control
personnel and traffic control devices. Because of its broad appeal, historic
tradition, cultural significance, association with a national holiday or a day given
statewide recognition, and other public benefits provided by the Veterans Day
Parade, the City shall cover the costs of traffic control personnel and traffic
control devices.
\[(e)\](9) If an applicant owes fees not timely paid in connection with a
parade previously approved and conducted or is the estimated costs to the City
under this section are greater than ten thousand dollars ($10,000), the applicant
shall, prior to approval of the application for a parade permit, file a surety bond in
the amount of the estimated costs.
\[(f)\](10) Prior to approval of the application for a parade permit, the
applicant shall submit to the Chief of Police a certificate of insurance and
endorsement evidencing commercial general liability coverage, including
premises/operations, independent contractors, personal injury, and contractual
liability, at a combined single limit of one million dollars ($1,000,000.00) per
occurrence, with the City being named as the additional insured by endorsement.
The applicant shall provide at least thirty (30) days' advance notice of
cancellation or material alteration of the insurance policy. The City recommends
and encourages, but does not require the organizers of First Amendment
parades to also obtain insurance for their events.
\[(g)\](11) At least twenty-four (24) hours before the scheduled start of the
event, the permit holder for a "non-First Amendment parade" shall make a
reasonable effort to notify the businesses and residences located around the
assembly area, along the parade route, and around the disbanding area of the
scheduled parade. A copy of any flyer or handout used in making the notification
shall be provided to the Chief of Police at least twenty-four (24) hours prior to the
beginning of the parade. It is recommended, but not required, that the permit
holder for a "First Amendment Parade" provide the same notices.
Subsection 130\[1-\]8. Revocation of permit.
The Chief of Police shall have the authority to revoke a parade permit issued
pursuant to this subsection when the conditions supporting the findings made by the
Chief of Police pursuant to Subsection 130\[1-\]5 change in such a way, prior to the date
on which the parade is to be held, that a parade permit would not otherwise be issued.
The Chief of Police shall have the authority to revoke a parade permit if the permit holder
does not comply with Subsection 130\[1-\]7.
Subsection 130\[1-\]9. Public conduct during parades.
\[(a)\](1) Interference. It shall be unlawful for any person to hamper,
obstruct or impede, or interfere with any parade or parade assembly or with any
person, vehicle, or animal participating or used in a parade.
\[(b)\](2) Driving through parades. It shall be unlawful for any driver of a
vehicle to drive between the vehicles or persons comprising a parade when such
vehicles or persons are in motion and are conspicuously designated as a parade
unless directed to do so by a police officer.
\[(c)\](3) Parking on parade route. The Chief of Police shall have the
authority, when reasonably necessary, to prohibit or restrict the parking of
vehicles along a street or highway or part thereof constituting a part of the route,
forming area, disbanding area, or buffer zone of a parade. The Chief of Police
shall post signs to such effect, and it shall be unlawful for any person to park or
leave unattended any vehicle in violation thereof.
\[(d)\](4) Prohibited substances. It shall be unlawful for any person to sell,
possess, or use a pressurized container of any substance commonly known as
"liquid string," "silly string," or "super string," or any quantity of the small
explosive devices commonly known as "snapper," "throw downs," "pop pops," or
"popping match sticks," which are paper-wrapped wads of sand coated with a
minute quantity of explosive powder and adhesive, producing a small report upon
impact with hard surfaces, in any public place or private property.
\[(e)\](5) Control of parade; restrictions. Upon initiation of a parade the
Chief of Police shall take over control of the movement of the parade. All
participants shall be required to maintain a forward progress. No participant shall
throw or give away candy, gifts, tokens, advertisements, or any other objects
from any participant or parade unit while the unit is on the parade route. This
provision is not intended to prohibit the distribution of expressive material
protected under the First Amendment, including leaflets, provided the distribution
is not from a parade unit that is on the parade route. Failure to observe these
requirements shall constitute a violation of this subsection and the Chief of Police
is empowered to remove parade unit from the parade immediately.
Subsection 13\[01-\]10. Criminal penalties.
\[(a)\](1) It shall be unlawful to fail to obtain a permit required under this
subsection for any parade. Any such violation committed intentionally, knowingly
or recklessly is a Class 2 municipal offense.
\[(b)\](2) The intentional, knowing or reckless commission of any act made
unlawful by Subsection 130\[1-\]9 is a Class 2 municipal offense."
\[1302\]1311. Funeral processions.
(1) Identification. All vehicles in a funeral procession shall keep their
headlights burning from the church, funeral parlor, mortuary, private residence or
other place where the services are held, to the place of interment.
(2) Drivers in procession. Each driver in a funeral procession shall
follow the vehicle ahead as close as is practicable for prudent and safe driving
and vehicle operation.
(3) Escorts. Each funeral procession may be accompanied by a
police escort, and such police escort shall be considered an emergency vehicle
within the meaning of section 102(3) of article II of this Code. Each escort shall
constitute a part of such procession.
(4) Every procession shall proceed at speeds within the applicable
speed limits then presently in force, consistent with traffic conditions, and the
escort officer may, if in his best judgment, reduce this speed or bring the
procession to a complete stop.
(5) Processions in all instances shall yield the right-of-way to other
authorized emergency vehicles pursuant to the provisions of section 705 of this
Code.
(6) Right-of-way. Each vehicle comprising any funeral procession
when identified by lighted headlights and if immediately behind another properly
identified procession vehicle or if immediately behind the police escort and only
in those circumstances, may proceed regardless of official traffic control devices,
and shall have the right-of-way over any other vehicle, and the operator of any
such other vehicle shall yield the right-of-way regardless of directions indicated
on official control devices. This provision shall not apply at intersections where
traffic and the movement of such procession is controlled by a police officer.
(7) Such procession shall not proceed against traffic on one-way
streets or on one-way highways except at the direction of a police officer and
such procession shall drive as close to the right-hand edge of the roadway as is
practicable, except that where there is more than one lane of traffic in the
direction traveled by the procession, such procession may then occupy any one
lane of such traffic and other traffic may then pass such procession consistent
with section 1004 of this Code.
(8) No driver of a nonfuneral procession vehicle shall drive between
the vehicles comprising a funeral procession while said vehicles are in motion
and when said procession vehicles are conspicuously identified as required in
this Code.
(9) Each funeral parlor or mortuary shall have copies of the above
funeral procession road rules of this Code available to all drivers of vehicles
comprising their funeral processions.
. . .
\[(14.5) 1401. Reckless driving - penalty.
(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."
(14.6) 1402. Careless driving - penalty.
(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 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."
(14.7) 1407.5. Splash guards - when required.
(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.\]
. . .
\[(15)\](14) 1407. Spilling loads on streets or highways.
(1) No vehicle shall be driven or moved on any street or highway in
the City unless such vehicle is so constructed or loaded or the load thereon
securely covered to prevent any of the vehicle's load from dropping, spilling,
sifting, leaking or otherwise escaping therefrom, except that sand may be
dropped for the purpose of securing traction, or water or other substance may be
sprinkled on a roadway in cleaning or maintaining such roadway.
(2) No person shall operate on any street or highway in the City any
vehicle with any load unless such load and covering is thereon securely fastened
so as to prevent said covering or load from becoming loose, detached or in any
manner a hazard to other users of the highway and to prevent said load from
spilling, dropping, leaking or otherwise escaping therefrom.
(3) It shall be unlawful to spill, leak, drop, deposit, throw or dump any
litter from any vehicle being driven or moved on any street or highway in the City.
The term 'litter' as used herein means all rubbish, waste material, refuse,
garbage, trash or other foreign substances, solids or liquid, of every form, size,
kind and description.
(4) Whenever any load or litter is spilled, leaked, dropped, deposited,
thrown or dumped from any vehicle in violation of subsection (1), (2) or (3)
above, the operator of said vehicle is presumed to have caused or permitted the
load or litter to be so spilled, leaked, dropped, deposited, thrown or dumped
therefrom.
(5) Every person convicted of a violation of subsections (1), (2) or (3)
of this section 1407 shall be punished by a minimum fine of not less than twenty-
five dollars.
\[(15.5)\]15 Section 1409, Compulsory Insurance.
\[(a)\](1) No owner of a motor vehicle or low-powered scooter required to
be registered in the State of Colorado shall operate the vehicle or permit it to be
operated on the highways within the City when the owner has failed to have a
complying policy or certificate of self-insurance in full force and effect as required
by law.
\[(b)\](2) No person shall operate a motor vehicle or low-powered scooter
on the highways within the City without a complying policy or certificate of self-
insurance in full force and effect as required by law.
\[(c)\](3)(a) When an accident occurs, or when requested to do so following
any lawful traffic contact or during any traffic investigation by a peace officer, no
owner or operator of a motor vehicle or low-powered scooter shall fail to
present to the requesting officer immediate evidence of a complying policy or
certificate of self-insurance in full force and effect as required by law.
(b) As used in this section, “evidence of a complying
policy or certificate of self-insurance in full force and effect”
includes the presentation of such a policy or certificate upon a cell
phone or other electronic device.
\[(d)\](4) Penalties:
\[(1)\](a) Any person who violates the provisions of Subsection (a),
(b) or (c) of this Section commits a Class 2 municipal offense. The
Municipal Court shall impose a fine of not less than \[one hundred dollars
($100.00)\] three-hundred dollars ($300.00) and the Municipal Court
shall not suspend such minimum fine. Nothing herein shall be construed
to prevent the court from imposing a jail sentence or fine greater than the
minimum mandatory fine. The court may suspend up to one half of the
fine upon a showing that appropriate insurance as required
pursuant to section 10-4-619 or 10-4-624, C.R.S., has been obtained.
\[(2)\](b) Upon a second or subsequent conviction under this
Section within a period of \[two (2)\]five (5) years following a prior
conviction under this section or under Section 42-4-1409, C.R.S., the
defendant shall be punished by a minimum mandatory fine of not less
than \[two hundred dollars ($200.00)\]six-hundred dollars ($600), and the
Municipal Court shall not suspend such minimum fine. Nothing herein
shall be construed to prevent the court from imposing a jail sentence or a
fine greater than the minimum mandatory fine. The court may suspend
up to one half of the fine upon a showing that appropriate insurance
as required pursuant to section 10-4-619 or 10-4-624, C.R.S., has
been obtained.
\[(e)\](5) Testimony of the failure of any owner or operator of a motor
vehicle or low-powered scooter to present immediate evidence of a complying
policy or certificate of self-insurance in full force and effect as required by law,
when requested to do so by a peace officer, shall constitute prima facie
evidence, at a trial concerning a violation charged under subsection \[(a) or (b)\]
(1) or (2) of this section, that such owner or operator of a motor vehicle violated
subsection \[(a) or (b)\](1) or (2) of this section.
\[(f)\](6) No person charged with violating subsection \[(a), (b) or (c)\](1), (2),
or (3) of this section shall be convicted if the person produces in court a bona
fide complying policy or certificate of self-insurance that was in full force and
effect as required by law at the time of the alleged violation.
\[(g)\](7) The owner of a motor vehicle, upon receipt of an affirmation of
insurance as described in Section 42-3-112(2) and (3), C.R.S., shall sign and
date such affirmation in the space provided."
(8) If an operator of a motor vehicle or low-power scooter uses a
cell phone or other electronic device to present evidence of a complying
policy or certificate of self-insurance in full force and effect, as described in
paragraph (b) of subsection (3) of this section:
(a) The law enforcement officer to whom the operator
presents the device shall not explore the contents of the cell phone
or other electronic device other than to examine the operator's
policy or certificate of self-insurance; and
(b) The law enforcement officer to whom the operator
presents the device and any law enforcement agency that employs
the officer are immune from any civil damages resulting from the
officer dropping or otherwise unintentionally damaging the cell
phone or other electronic device.
\[(16) 1412. Operation of bicycles and other human-powered vehicles; license.
(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)(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 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 12
of this Code regulating the parking of vehicles.
(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.
(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.\]
\[(17) 1415)\](16) 1417. Skateboard use, on sidewalks.
(1) No person shall ride or use a skateboard, or similar device, on a
sidewalk, or in a sidewalk area, within a business district anywhere in this
municipality.
(2) When signs are erected giving notice thereof, no person shall ride
or use a skateboard or similar device upon a sidewalk.
(3) Whenever any person is riding or using a skateboard or similar
device upon a sidewalk, such person shall yield the right-of-way to any
pedestrian.
\[(18) 1416\](17) 1418. Obstruction of the public way.
(1) A person commits the offense of obstruction of a public way if
without legal privilege he intentionally, knowingly or recklessly obstructs a street,
highway, sidewalk or sidewalk area.
(2) For the purpose of this subsection, 'obstruct' means to render
impassable or to render passage or use unreasonably inconvenient or
hazardous. Any object of sufficient size to pose any degree of danger
whatsoever to the travelling public which occupies a street, highway, sidewalk or
sidewalk area between the hours of sunset and sunrise is deemed to be
hazardous if the object or any barricade surrounding the object does not have
adequate illumination or adequate retroreflective material so as to make the
object or barricade visible from all directions at night.
\[(18.05) 1417\](18) 1419. Driving under restraint for an outstanding judgment.
It shall be unlawful for any person to drive a motor vehicle or off-highway vehicle
upon any highway or street, with knowledge that the person's driver's license or privilege
to drive, either as a resident or nonresident of the State of Colorado, is under restraint
for an outstanding judgment. Each such instance shall be punishable by a fine of not
more than one hundred dollars ($100.00). A penalty of three (3) points shall be assessed
against the person's license for each such infraction. Said penalty shall not be waived or
reduced for any reason.
\[(18.1) 1707\](19) 1707. Summons and complaint or penalty assessment
notice for traffic offenses - release - registration.
(1) Whenever a person commits a violation of this Code other than a
violation for which a penalty assessment notice may be issued in accordance
with the provisions of section 1701 and C.M.C.R., and such person is not
required by the provisions of section 1705 to be arrested and taken without
unnecessary delay before a municipal judge, the peace officer may issue and
serve upon the defendant a summons and complaint which shall contain the
name and address of the defendant, the license number of the vehicle involved, if
any, the number of the defendant's driver's license, if any, a citation of the code
alleged to have been violated, a brief description of the offense, the date and
approximate location thereof, and the date the summons and complaint is served
on the defendant; shall direct the defendant to appear in a specified court at a
specified time and place; shall be signed by the peace officer, either handwritten
or by way of printed, stamped or typed last name and badge number of the
peace officer; and shall contain a place for the defendant to execute a written
promise to appear at the time and place specified in the summons portion of the
summons and complaint.
\[(18.5) 1715. Convictions, judgments, and charges recorded - public
intersection.
(1) Every judge of a court not of record and every clerk of a court of
record shall keep a full record of every case in which a person is charged with
any violation of this Code or any other law regulating the operation of vehicles on
highways.
(2)(a) Subject to paragraph (b) of this Subsection (2), within ten days
after the entry of a judgment, conviction, or forfeiture of bail of a person upon a
charge of violating this code or other law regulating the operation of vehicles on
highways, the judge or clerk of the court in which the entry of a judgment was
made, the conviction was had or bail was forfeited shall prepare and forward to
the motor vehicle division of the department of revenue an abstract of the record
of the court covering every case in which the person had a judgment entered
against him or her, was so convicted, or forfeited bail, which abstract must be
certified by the preparer to be true and correct. For purposes herein 'conviction'
does not include a deferred sentence.
(b) For the holder of a commercial driver's license as defined
in Section 42-2-402, C.R.S., or an offense committed by a person
operating a commercial motor vehicle as defined in Section 42-2-402,
C.R.S., within five days after conviction, as such term is defined in
Section 42-1-102(19), C.R.S., of a person upon a charge of violating this
code or other law regulating the operation of vehicles on highways, the
judge or clerk of the court in which the person was convicted shall
prepare and forward to the department an abstract of the record of the
court covering every case in which the person was convicted, which
abstract shall be certified by the preparer to be true and correct.\]
\[(19) 1718.\](20) 1720. Notice on illegally parked vehicle.
Whenever any motor vehicle without a driver is found parked or stopped in
violation of any of the restrictions imposed by the ordinances of this municipality, the
officer finding such vehicle shall take its registration number and may take any other
information displayed on the vehicle which may identify its user, and shall conspicuously
affix to such vehicle a penalty assessment notice, on the form authorized in section
\[1719\]1721 of this Code, directing the driver thereof to respond to and answer the
charge against him at a place and at a time specified in said notice.
\[(20) 1719.\](21) 1721. Forms and notices to appear involving unattended
vehicles.
The municipality shall provide multiple copies of serially numbered forms,
approved by the municipal court, for notifying the owners of motor vehicles which are
unattended and found to be parked or stopped in violation of any of the restrictions
imposed by this Code or any ordinance of the City, to respond or appear in answer to
the charge of violating said Code or ordinance."
\[(21) 1720.\](22) 1722. Failure to comply with notice on parked vehicle.
(1) If the driver or owner of an unattended motor vehicle charged with
an apparent violation of the restrictions on stopping, standing or parking under
the traffic ordinance of this municipality does not respond within the time
specified to a penalty assessment notice affixed to such vehicle, as provided in
section \[1718\]1720, by appearance and payment at the \[traffic violations bureau
or \]court having jurisdiction, or by mailing payment by means of the United States
mail, or by other disposition of the charge as provided by law, the clerk of said
court \[or traffic violations bureau \]shall send another notice by mail to the
registered owner of the vehicle to which the original notice was affixed, warning
him that in the event such notice is disregarded for a period of \[five\]ten (10) days
from date of mailing \[a warrant of arrest will be issued \]default will be entered
for the full amount of the penalty assessment plus late fees, all unpaid fees
may be sent to collections and the \[vehicle to which the original notice was
affixed \]registered owner’s vehicle may be immobilized.
(2) No person shall tear, cut, damage, mutilate, destroy or otherwise
tamper with a penalty assessment notice issued pursuant to section 1718 if the
intent thereby is to avoid the payment of the fine assessed on the face of said
notice. Nor shall any person send a penalty assessment notice through the
United States mail in such a torn, damaged, deteriorated or mutilated condition if
the intent thereby is to avoid payment of or otherwise defraud the City of the fine
assessed on the face of said notice.
\[(22) 1721.\](23) 1723. Presumption in reference to illegal parking.
In any prosecution charging a violation of any provision of this Code governing
the stopping, standing or parking of a vehicle, proof that the particular vehicle described
in the complaint was parked in violation of any such regulation, together with proof that
the defendant named in the complaint was at the time of such parking the registered
owner of such vehicle, shall constitute in evidence a prima facie presumption that the
registered owner of such vehicle was the person who parked or placed such vehicle at
the point where, and for the time during which, such violation occurred."
\[(23) 1722.\](24) 1724. Authority of police and fire department officials.
Persons specially trained by the chief of police or his authorized representative
may be designated and empowered by the chief of police to issue and affix to an illegally
parked vehicle a penalty assessment notice under section 1718 of the Model Traffic
Code."
\[(23.5) 1723. Violations — commercial driver's licenses — compliance with
federal regulation.
With respect to a holder of a commercial driver's license as defined in section 42-
2-402, C.R.S., or the operator of a commercial motor vehicle as defined in section 42-2-
402, C.R.S., a court shall not defer imposition of judgment or allow a person to enter into
a diversion program that would prevent a driver's conviction, as such term is defined in
section 42-1-102(19), C.R.S., for any violation, in any type of motor vehicle, of a traffic
control law from appearing on the driver's record.\]
\[(24)\](25) 1801. Abandoned and impounded vehicles.
(1) Whenever any police officer finds a vehicle, attended or
unattended, standing upon any portion of a street or highway right-of-way within
the City in such a manner as to interfere with the free movement of vehicular
traffic or street or highway maintenance, or the vehicle is an abandoned vehicle
as defined within section \[15-1-8(a) (25)\]1802 of the \[Pueblo Municipal
Code\]Model Traffic Code, such officer shall require such vehicle to be removed
or cause the same to be removed and placed in storage in the nearest garage or
other place of safety designated or maintained by this municipality.
(2) In the event of abandonment of a vehicle on the property within
the City other than a public right-of-way, the owner of such property shall notify
the police department, and the police department shall after a period of seventy-
two hours cause the abandoned vehicle to be removed and placed in storage in
the nearest garage or other place of safety designated or maintained by the
municipality.
(3) Immobilization. When a driver, owner or person in charge of a
motor vehicle has received a notice or citation to answer to a charge against him
for violation of this Model Traffic Code, and such driver, owner or person in
charge of such vehicle has failed to appear and answer such charge, members
of the police department or employees of the City acting in their official capacity
may, and they are hereby authorized to, temporarily immobilize such vehicle by
installing on or attaching to such vehicle a device designed to restrict the normal
movement of such vehicle, and if such vehicle is so immobilized, the member of
the police department or employee of the City so installing or attaching such
device shall conspicuously affix to such vehicle a notice in writing, on a form to
be provided by the chief of police, advising the driver, owner or other person in
charge of such vehicle that said vehicle has been immobilized by the City for
violation of the Model Traffic Code, that release of such immobilization may be
obtained from the clerk of municipal court, that unless arrangements are made
for the release of the vehicle within three (3) business days the vehicle will be
removed by the police department, and that removing the device before a
release is obtained is unlawful, and containing such other information as the chief
of police shall deem proper. It shall be unlawful for any person to remove such
device or to move such vehicle before the same is released by the clerk of the
municipal court; and where such vehicle has been properly immobilized in said
manner, a fee of twenty-five dollars ($25.00) shall be charged by the clerk of the
municipal court before releasing such vehicle; and the parking restriction, if any,
otherwise applicable shall not apply while such vehicle is so immobilized. Any
person may secure the release of an immobilized vehicle by either: (a) paying the
amount of unpaid fines and court costs owing for which the vehicle was
immobilized together with the immobilization fee above indicated, or (b) posting
an appearance bond in the amount of one-half of the unpaid fines and court
costs owing or two hundred fifty dollars ($250.00), whichever is greater and
agreeing in writing to appear in court on a date certain to answer or respond to all
pending notices, citations and traffic charges against such person or involving the
vehicle.
\[(25) 1802. Sale of abandoned and impounded vehicles.
(1) Definitions. As used in this section:
(a) 'Abandoned motor vehicle' means:
(I) Any motor vehicle which is left unattended on
private property for a period of seventy-two hours or longer
without the consent of the owner or lessee of such property or the
owner's or lessee's legally authorized agent and which is towed
pursuant to the provisions of Section 15-1-8(a)(24);
(II) Any motor vehicle left unattended on public
property, including any portion of a highway right-of-way, within
the limits of the City for a period of seventy-two hours or longer;
(III) Any motor vehicle stored in an impound lot at the
request of the police department and not removed from the
impound lot within seventy-two hours of the time the law
enforcement agency notifies the owner or agent that the vehicle is
available for release upon payment of any applicable charges or
fees;
(IV) Any motor vehicle which is towed pursuant to the
provisions of Section 15-1-8(a)(24).
(b) 'Appraisal' means a bona fide estimate of reasonable
market value made by any motor vehicle dealer licensed in this state or
by a police officer designated by the chief of police who shall have ability
to make such estimates and whose name shall have been reported by the
chief of police to the executive director of the Colorado department of
revenue.
(c) 'Impound lot' means a parcel of real property which is
owned or leased by an operator at which motor vehicles are stored under
appropriate protection.
(d) 'Operator' means a person licensed by the Colorado public
utilities commission as a towing carrier.
(e) 'Private property' means any real property which is not
public property.
(f) 'Private tow' means any tow of an abandoned motor
vehicle other than a public tow.
(g) 'Public tow' means any tow of an abandoned motor vehicle
requested by a police officer employed by the City. The term does not
include tows requested by an owner or driver of a motor vehicle even
though the tow was arranged with the assistance of a City police officer.
Private tows arranged with the assistance of a City police officer include
but are not limited to tows requested by an owner or driver of a motor
vehicle which has been involved in an automobile accident.
(2) Any police officer employed by the City who finds a motor vehicle
which he has reasonable grounds to believe has been abandoned may cause
such motor vehicle to be removed and stored at any public or private impound
lot. Any police officer employed by the City who finds a motor vehicle, attended
or unattended, standing on any portion of a highway right-of-way in such manner
as to constitute an obstruction to traffic, safety hazard or obstruction to highway
maintenance, is authorized to cause the motor vehicle to be moved to eliminate
any such obstruction or hazard, and neither the officer nor the City shall be liable
for any damages to such motor vehicle occasioned by such removal.
(3)(a) Upon public tow of an abandoned motor vehicle, the chief of
police or his designee shall ascertain, if possible, whether or not the motor
vehicle has been reported stolen and, if so reported, shall recover and secure the
motor vehicle and notify its rightful owner and terminate abandonment
proceedings under this section. The City shall have the right to recover from the
owner its reasonable costs to recover and secure the motor vehicle.
(b) As soon as possible, but in no event later than ten (10)
working days after having an abandoned motor vehicle towed, the chief of
police or his designee shall report the same to the Colorado department
of revenue by first class mail, or by internet communication, which report
shall be on a form prescribed and supplied by the Colorado department of
revenue.
(c) The report shall contain the following information:
(I) The fact of possession, including the date
possession was taken, the location of storage of the abandoned
motor vehicle and the location from which it was towed, and the
address, telephone number, name and signature of the chief of
police or his designee.
(II) If applicable, the identity of the operator possessing
the abandoned motor vehicle, together with his business address
and telephone number and the carrier number assigned by the
public utilities commission; and
(III) A description of the abandoned motor vehicle,
including the make, model, color and year, the number, issuing
state and expiration date of the license plate, and the vehicle
identification number.
(4) Upon receipt of a return report from the Colorado department of
revenue as provided by section 42-4-1804(2), C.R.S., the chief of police or his
designee shall determine, from all available information and after reasonable
inquiry, whether or not the abandoned motor vehicle has been reported stolen
and, if so reported, the chief of police shall recover and secure the motor vehicle
and notify its rightful owner and terminate the abandonment proceedings. The
City shall have the right to recover from the owner its costs to recover and secure
the motor vehicle, and such costs shall constitute a lien upon the vehicle prior
and superior to all other liens of any nature.
(5) Within ten (10) working days of receipt of the return report from
the Colorado department of revenue as provided by section 42-4-1804(2),
C.R.S., the chief of police or his designee shall notify by certified mail the owner
of record, if ascertained, and any lienholder, if ascertained, of the fact of such
report and of any liens, claims or charges against the vehicle imposed pursuant
to this section and section 42-4-1806, C.R.S., and shall send a copy of such
notice to the operator. The notice shall state that the identified motor vehicle has
been reported abandoned to the Colorado department of revenue, the present
location of the vehicle and location from which it was towed, and that, unless
claimed within thirty calendar days from the date the notice was mailed, the
motor vehicle is subject to sale. Such notice shall also inform the owner and
lienholders of record of their opportunity to request a hearing concerning the
legality of the towing by making a request for such a hearing in writing filed with
the municipal court and the chief of police within such thirty days. If a request for
hearing has been timely made as provided herein, the municipal court shall
conduct the hearing as provided for quasi-judicial hearings in Chapter 7 of Title I
of the Pueblo Municipal Code. In the event the municipal court determines on the
basis of the evidence that the motor vehicle was not legally towed, all towing
charges and storage fees shall be forgiven.
(6) Public tow abandoned motor vehicles including motor vehicles
abandoned in an impound lot subsequent to a public tow shall be appraised and
sold by the City. The sale shall be held not less than thirty nor more than ninety
days after the mailing of notice provided in paragraph (5) of this section, except
that if such motor vehicle is a registered collector's item as defined in section 42-
12-101(2), C.R.S., the sale shall not be held for at least ninety (90) days after the
mailing of the notice.
(a) If the appraised value of the vehicle is three hundred fifty
dollars ($350.00) or less, the sale shall be made by private sale upon at
least two sealed bids and only for the purpose of junking, scrapping or
dismantling such vehicle, and the purchaser thereof shall not be entitled
to a Colorado certificate of title. A bill of sale and report shall be provided
to the purchaser in accordance with the requirements of section 42-4-
1805(2), C.R.S.
(b) If the appraised value of the vehicle is more than three
hundred fifty dollars ($350.00), the vehicle shall be sold by public sale or
by private sale upon at least two sealed bids. For every public sale, a
notice of the sale shall be published once in a newspaper of general
circulation within the City and shall describe the vehicle to be sold and
state where and when the sale will take place. A public sale shall be held
not less than ten days from the date of publication of the notice. The sale
may be made for any intended use by the purchaser thereof. A bill of
sale, report and application for title shall be provided to the purchaser in
accordance with the requirements of section 42-4-1805(2), C.R.S.
(c) If the sale of the motor vehicle is a private sale, the amount
of the highest sealed bid must be greater than the amount of charges
incurred by the operator as authorized in paragraph (7)(b)(I) of this
Section. If the amount of the highest sealed bid is less than the amount of
such charges, the operator may retain the vehicle as the purchaser in full
satisfaction of such charges.
(7) Proceeds of sale.
(a) If the sale of any motor vehicle and its attached
accessories or equipment under the provisions of this Section produces
an amount less than or equal to the sum of all charges of any operator
who has perfected a lien as provided by law, then the operator shall have
a valid claim against the owner for the full amount of such charges, less
the amount received upon the sale of such motor vehicle. Said charges
shall be assessed in the manner and amount provided for in paragraph
7(b)(I) of this section. No such claim shall exist where the operator elects
to retain the vehicle in satisfaction of such charges pursuant to paragraph
6(c) of this section.
(b) If the sale of any motor vehicle and its attached
accessories or equipment under the provisions of this section produces
an amount greater than the sum of all charges of any operator who has
perfected his lien:
(I) The proceeds shall first satisfy the operator's
commercially reasonable charges which shall not exceed the rates
established by the Colorado Public Utilities Commission for public
tow and storage of abandoned vehicles.
(II) Any balance then remaining shall be paid to the
City to satisfy the cost of mailing notices, making an appraisal,
advertising and selling the motor vehicle, and any other costs of
the City, including administrative costs, taxes, fines and penalties
due.
(III) Any balance then remaining shall be forwarded to
the Colorado department of revenue for distribution pursuant to
section 42-4-1809(2), C.R.S.
(8) This Section does not apply to private tows, and does not alter or
amend an operator's obligations under sections 42-4-1801, et seq., and
specifically section 42-4-1804(6).
(9) There shall be no right of redemption from any sale made
pursuant to the terms of this section, and after a vehicle has been sold pursuant
to such terms, neither the City nor any officer, agent or employee thereof shall be
liable for a failure to deliver such vehicle to anyone other than the purchaser or
purchasers at such sale.
(10) The operator shall release the motor vehicle to the purchaser
upon payment of the purchase price by the purchaser.\]
(26) Part 20, Parking Meter Regulations.
PART 20
PARKING METER REGULATIONS
2001. Parking meter zones. Whenever parking meter zones have been
established on streets or in parking areas regulated by this municipality, as authorized in
section 113, the parking of vehicles at places, streets or parts of streets so designated
shall be controlled by parking meters between the hours and on the days declared in
schedules adopted by the traffic engineer and specified on authorized parking meter
signs or legends.
2002. Parking meters. Parking meters installed in parking meter zones
established as provided in this Code shall be so designed, constructed, installed and set
as to meet the following conditions:
(1) Said meters shall be capable of being operated either
automatically or mechanically, upon the deposit therein of \[one or more coins of
the\]United States currency or \[authorized tokens\]upon authorization of a credit
card, debit card, or smart card transaction\[,\]; for the full period of time for
which parking is lawfully permitted in any such parking meter zone or, in lieu
thereof, for an appropriate fractional period of time.
(2) Upon the expiration of the time period registered by the deposit of
one or more coins or authorized tokens as provided herein, said meters will
indicate by an appropriate signal that the lawful parking meter period has
expired, and during said period of time and prior to the expiration thereof, will
indicate the interval of time which remains of such period.
(3) Each parking meter shall bear thereon an authorized sign or
message clearly legible indicating the days and hours when the requirement to
deposit coins or tokens therein shall apply, the value of the coins or tokens to be
deposited, and the limited period of time for which parking is lawfully permitted in
the parking meter zone in which such meter is located.
2003. Parking meter spaces.
(1) Parking meter spaces shall be of appropriate length and width as
determined by an engineering and traffic investigation and may be designated by
appropriate markings upon the curb and/or pavement of the street.
(2) Every vehicle shall be parked wholly within the metered parking
space for which the meter shows parking privilege has been granted.
(3) Except where prohibited by other provisions of this Code, a
vehicle which is of a size too large to be parked within a single parking meter
space shall be permitted to occupy two adjoining parking meter spaces when
coins or tokens shall have been deposited in the parking meter for each space so
occupied as is required in this Code for the parking of other vehicles in such
space.
2004. Deposit of coins or tokens and time limits.
(1) No person shall park a vehicle in any parking space upon a street
alongside of and next to which a parking meter has been installed during the
restricted and regulated time applicable to the parking meter zone in which such
meter is located unless a coin or coins of United States currency or authorized
tokens of the appropriate denomination as provided in this Code shall have been
deposited therein, or shall have been previously deposited therein for an
unexpired interval of time, and said meter has been placed in operation.
(2) No person shall deposit or attempt to deposit in any parking
meter any slug, button or any other device or substance as substitutes for coins
of United States currency or authorized tokens, and no person shall deposit any
lawful coin or authorized token that is bent, cut, torn, battered or otherwise
misshapen.
(3) No person shall permit a vehicle within his control to be parked in
any such parking meter space during the restricted and regulated time applicable
to the parking meter zone in which such meter is located while the parking meter
for such space indicates by signal that the lawful parking time in such space is
expired. This provision shall not apply to the act of parking or the necessary time
which is required to deposit immediately thereafter a coin(s) or token(s) in such
meter.
(4) No person shall park a vehicle in any such parking meter space
for a consecutive period of time longer than that limited period of time for which
parking is lawfully permitted in the parking meter zone in which such meter is
located, irrespective of the number or amount of the coins or tokens deposited in
such meter.
(5) A vehicle may be parked in a parking meter space without
operation of the meter on Sundays, on holidays as defined in this Code, and
during those hours of the day when the requirement to deposit coins or tokens
does not apply as determined from the parking meter sign or legend.
(6) The provisions of this section shall not relieve any person from the
duty to observe other and more restrictive provisions of this Code prohibiting or
limiting the stopping, standing or parking of vehicles in specified places, at
specified times, or in a specified manner.
2005. Tampering with meter.
(1) No person shall deface, injure, tamper with, open or willfully break,
destroy or impair the usefulness of any parking meter.
(2) No person, firm or corporation shall place any sack or covering
over, upon or around any parking meter head, remove any parking meter head,
or otherwise indicate or show that the said meter is inoperative or inapplicable
without proper authority to do so.
(b) Proper designation on any citation, summons or complaint of the Section
number of the Model Traffic Code herein adopted shall incorporate by reference any of
the above amendments or additions contained in this Section.
(c) Application of Model Traffic Code. The provisions of the Model Traffic
Code and this Chapter shall apply to every street, alley, sidewalk area, driveway, park
and every other public way or public parking area, either within or outside the corporate
limits of the City, the use of which the City has jurisdiction to regulate. The provisions of
Sections 1401, 1402, 1206 and 1211 of the adopted Model Traffic Code concerning
careless driving, reckless driving, unattended motor vehicle and improper backing shall
apply not only to public places and ways but also throughout the City.
Sec. 15-1-9. - Drag racing; speed or acceleration exhibit.
(a) It shall be unlawful for any person to use any street for a drag or acceleration
contest under circumstances where said contest presents a hazard to persons or property, or
under circumstances where no hazard to the drivers or other condition requires such speed or
acceleration. For purposes of this Section, such contest shall mean any circumstances where
two (2) or more drivers shall, while approximately side by side, rapidly accelerate from a
stopped or moving position with intent to race.
(b) It shall be unlawful for any person to use any street for a speed or acceleration
exhibit to himself, herself or another under circumstances where such exhibit presents a hazard
to persons or property, or under circumstances where no hazard to the driver or other condition
requires such speed or acceleration. For purposes of this Section, such exhibit shall mean
where any driver rapidly accelerates from a stopped or moving position with intent to exhibit to
himself, herself or another the speed or acceleration of a vehicle.
(c) In any prosecution for a violation of Subsections (a) or (b) above, the intent to
engage in a speed or acceleration contest or to exhibit the speed or acceleration of a vehicle
may be shown from the surrounding circumstances, which circumstances may include but shall
not be limited to spinning of tires, excessive acceleration of the motor of a vehicle, squealing of
tires, pavement markings left by sudden changes in the speed of tires, or rapid and abrupt
changes in the speed of a vehicle, or from the admissions of the driver or drivers, or from both
such circumstances and admissions.
(d) The subsections set forth above shall not apply to authorized and licensed race
courses, or other areas specifically set aside and supervised by the Police Department for
racing or exhibits.
Sec. 15-1-10. - Motorized vehicles in certain areas.
(a) As used in this Section, the term motorized vehicle shall mean any self-propelled
device capable of transporting persons or property, except that such term shall not include
motorized wheelchairs used by persons with mobility handicaps.
(b) Except as otherwise provided in Subsection (c) of this Section, it shall be
unlawful for any motorized vehicle to be driven or operated in any City-owned park or recreation
area or upon any area designated or posted as part of river trail or bike path system within the
City unless the operator has first obtained a permit for operation from the Director.
(c) This Section shall not apply to the operation of a motor vehicle upon any
designated street or highway which passes through a City-owned park or recreation area and
upon which the operation of motorized vehicles is not expressly prohibited by posted signs or by
the provisions of this or any other ordinance of the City.
\[Sec. 15-1-11. - Parking meter tokens; sale; distribution.
The Mayor shall acquire tokens appropriate for use in parking meters within the City.
Said tokens shall be the property of the City and may be resold for use only in the City parking
meters at such prices and upon such terms and conditions as the City Council by resolution
shall determine.\]
Sec. 15-1-12. - Usage of medians.
(a) It shall be unlawful for any person to access, use, occupy, congregate, or
assemble on or about any median that has been posted with a sign pursuant to this section
prohibiting such access, use, or occupancy.
(b) Determination and Signage:
(1) The Traffic Engineer may prohibit pedestrian access to or use or
occupancy of any median that is not designed or suitable for pedestrian use, by erecting
and posting a sign on such median prohibiting such access, use, or occupancy.
(2) Signage must be reasonably posted to provide notice, but is not required to
be visible from every position on the median.
(c) Definitions. For purposes of this section:
(1) "Median that is not designed or suitable for pedestrian use" shall mean
any median that is located on any higher speed and higher volume roadway within the
City, and that does not possess a flat area of at least four (4) feet in width the length of
the median from one median-endpoint to the opposite-median endpoint. The width is
measured from face-of-curb to face-of-curb if a raised median, or edge-of-asphalt to
edge-of-asphalt if a depressed median.
(2) "Flat" shall mean having a cross slope of eight (8) percent or less,
consistently from one median-endpoint to the opposite median-endpoint. Such surfaces
must be uniform, and will not include surfaces composed of loose river stones,
cobblestones, or other substances that make tripping or injury more likely.
(3) "Higher speed roadway" shall mean a roadway with a speed limit of thirty-
five (35) miles per hour or greater.
(4) "Higher volume roadway" shall mean a roadway classified as a Freeway,
Expressway, Principal Arterial, or Minor Arterial on the Pueblo Roadway Development
Plan.
(5) "Median" shall mean the area between two (2) roadways of a divided
street or highway, measured from the edge of the traveled way to the edge of the
traveled way, including areas between traffic lanes for control of vehicular movements.
Such an area may be physically defined by curbing, landscaping, or other physical
obstacle to vehicle use of the area, or by traffic control markings (also known as a
painted median).
(d) Affirmative Defenses. It is an affirmative defense to a violation of this section if a
person:
(1) Is waiting to cross the roadway at the next pedestrian signal, or in the
absence of a pedestrian signal, when traffic has cleared or yielded.
(2) Obtained a permit or license from the City to access the median, including
a special use permit for use of the street.
(3) Was authorized by the City or State to access the median for
maintenance, repair, or building purposes.
(4) Was a local, state or federal officer engaged in the performance of their
official duties.
(e) A violation of this Section is strict liability in nature. No culpability or mens rea of
any type or degree shall be required for a violation of this Section.
(f) It shall be unlawful and a Class 2 municipal offense for any person to access,
use, occupy, congregate, or assemble on or about any median that has been posted with a sign
pursuant to this Section. However, a first offense under this Section will only be liable for a
maximum fine of fifty dollars ($50.00). Subsequent fines and penalties for violations under this
Section will be at the discretion of the Court.
Sec. 15-1-13. - School crossing guard program.
The Mayor shall annually recommend to the City Council, as part of the City budget
process, any fees that may be assessed under Section 15-1-6(5), and the appropriation of such
fees to fund any pedestrian safety program for school crossing guards.
Sec. 15-1-14. – Reserved
Sec. 15-1-15. - Owner liability for traffic signal camera violations.
(a) As used in this Section:
(1) Traffic signal camera shall mean a type of automatic vehicle identification
device operated under the general supervision of a police officer, that is placed in a fixed
location at a signalized intersection within the City and which is wired and programmed
to automatically photograph or digitally record the intersection and vehicles entering said
intersection after a steady circular red signal or a steady red arrow signal has been
displayed to such vehicles, and to record and accurately depict the vehicle's location
within the intersection, the vehicle's license plate, the driver of the vehicle, the date and
time of the event depicted and the elapsed time from the display of said signal.
(2) Owner shall have the meaning provided in Section 102(49) of Article II of
the Model Traffic Code.
(3) Person shall mean natural persons, corporations, partnerships, limited
partnerships and limited liability companies.
(b) The Chief of Police and the Traffic Engineer are authorized and directed to
deploy traffic signal cameras at one (1) or more intersections within the City for the purpose of
detecting noncompliance with traffic control devices at such intersections. Traffic signal cameras
shall not be used until and unless there is posted an appropriate sign in a conspicuous place not
less than a reasonable distance before the area where the traffic signal camera is to be used,
notifying the public that an automated vehicle identification device is in use ahead. The
intersections at which traffic signal cameras are deployed may be changed from time to time
among signalized intersections within the City which have high traffic volume, have above-
average accident experience and have experienced injury-producing accidents.
(c) The owner of a vehicle shall be liable for a civil penalty imposed as provided in
this Section if such vehicle was used or operated with the permission of the owner, express or
implied, in violation of Section 604(1)(c) of the Model Traffic Code, and such violation is
evidenced by information obtained from a traffic signal camera; provided, however, that no
owner of a vehicle shall be liable for a penalty imposed pursuant to this Section where the
operator of such vehicle has been convicted of the underlying violation of Section 604(1)(c) of
the Model Traffic Code.
(d) Proof that a particular vehicle, identified by its license plate tag or tags in a
photograph or digitally recorded image produced by a traffic signal camera, is registered to a
person, as shown in records of the Colorado Department of Revenue, Motor Vehicle Division, or
of the County Clerk and Recorder, or of the vehicle registration authority for any other state in
which a vehicle is found to be registered, shall constitute prima facie evidence that said person
is the owner of said vehicle.
(e) Neither payment of the civil penalty assessed pursuant to a civil penalty
assessment notice issued under this Section, imposition of liability under this Section by
appearance and payment before the Traffic Violations Bureau, nor imposition of liability under
this Section determined upon hearing before a Judge or Magistrate of the Municipal Court shall
be deemed a conviction as an operator or driver. A record relating to the same shall not be
transmitted to the Colorado Department of Revenue as any matter bearing upon the driving
record of the person upon whom such liability is imposed, nor shall it be used for insurance
purposes in the provision of motor vehicle insurance coverage or determination of the premium
therefor.
(f) The following procedures shall be followed with respect to imposition of civil
penalties under this Section:
(1) A civil penalty assessment notice shall be sent by first class mail to each
person alleged to be liable as an owner for a violation recorded by a traffic signal camera
of Section 604(1)(c) of the Model Traffic Code. The notice shall be addressed to the
registered owner of the vehicle, shall state the name and address of the person alleged
to be liable as an owner pursuant to this Section, the registration number of the vehicle
involved in the violation, the location where the violation occurred, the date and time of
such violation and the identification of the traffic signal camera which recorded the
violation, and shall be signed by a police officer or reserve police officer who has
reviewed the photographic and other information recorded by the traffic signal camera
and examined appropriate vehicle registration records and, based thereon, has
reasonable grounds for believing that said owner is liable for the civil penalty
assessment as provided by this Section. The notice shall state the amount of the penalty
assessment and shall advise the alleged owner that the alleged owner must respond to
the notice by either appearance before the Traffic Violations Bureau on or before a date
stated in the notice to pay the assessment or request an adjudicatory hearing to contest
the liability alleged in the notice, or by mailing payment of the penalty assessment
amount to the Traffic Violations Bureau on or before said date. The notice shall advise
the alleged owner of the provisions of Subsections (c) and (e) of this Section. The notice
shall also contain a warning to advise the person charged that failure to contest in the
manner and time provided shall be deemed an admission of civil liability and that a
default judgment may be entered thereon.
(2) If the person to whom the civil penalty assessment notice has been
mailed fails to pay the civil penalty assessment or respond to the notice by timely
seeking a hearing, the Clerk of the Municipal Court or Traffic Violations Bureau shall
send another notice by certified mail, return receipt requested, to such person, warning
him or her that in the event such notice is disregarded for a period of twenty (20) days
from date of mailing, default judgment will be entered.
(3) If a hearing is timely requested to contest liability under this Section,
adjudication of the liability imposed upon owners by this Section shall be by the
Municipal Judge, or one (1) of the Assistant Municipal Judges, sitting as an
administrative hearing officer for the Traffic Violations Bureau. In hearings to determine
liability under this Section, it shall be the City's burden to prove liability by a
preponderance of evidence. The proceedings shall be conducted informally without strict
adherence to the rules of evidence, provided that testimony and exhibits received and
considered shall have sufficient indicia of authenticity and reliability so as to constitute
competent evidence.
(4) If an owner receives a civil penalty assessment notice pursuant to this
Section for any time period during which the vehicle was reported to the Police
Department as having been stolen, it shall be a valid defense to an allegation of liability
for a violation of Section 604(1)(c) of the Model Traffic Code pursuant to this Section that
the vehicle had been reported to the police as stolen prior to the time the violation
occurred and had not been recovered by such time. For purposes of asserting the
defense provided by this Subparagraph (4), it shall be sufficient that a certified copy of
the police report on the stolen vehicle be sent by first class mail to the Traffic Violations
Bureau or Municipal Court.
(5) An owner who is a lessor of a vehicle to which a civil penalty assessment
notice was issued pursuant to this Section shall not be found liable, provided that he or
she sends to the Traffic Violations Bureau or Municipal Court a copy of the rental, lease
or other such contract document covering such vehicle on the date of the violation, with
the name and address of the lessee clearly legible, within thirty (30) days after receiving
the first civil penalty assessment notice of the date and time of such violation, together
with the other information contained in the civil penalty assessment notice. Failure to
send such information within such thirty-day time period shall render the owner liable for
the penalty prescribed by this Section. Where the lessor complies with the provisions of
this Subparagraph (5), the lessee of such vehicle on the date of such violation shall be
deemed to be the owner of such vehicle for the purposes of this Section, shall be subject
to liability for the violation of Section 604(1)(c) of the Model Traffic Code pursuant to this
Section and shall be sent a civil penalty assessment notice pursuant to Subparagraph
(f)(1) of this Section.
(6) In the event a person to whom a civil penalty assessment notice has been
sent pursuant to Subparagraph (2) above fails to pay the assessment or otherwise
respond, the Clerk of the Municipal Court shall enter default judgment which identifies
the vehicle involved in the violation and transmit the same to the Police Department.
(g) Nothing in this Section shall be construed to limit the liability of an operator or
driver of a vehicle for any violation of Section 604(1)(c) of the Model Traffic Code.
(h) The civil penalty assessed to owners under this Section shall be an amount of
not less than fifty dollars ($50.00) nor more than seventy-five dollars ($75.00) for each violation.
The presiding Municipal Judge shall adopt and include with the schedule of designated fines
adopted under Section 15-1-6 of this Chapter a designated schedule for civil penalty
assessments imposed under this Section; provided that, until the first such adoption of a
designated schedule for civil penalty assessments imposed under this Section, the scheduled
assessment shall be seventy-five ($75.00) for each violation, and provided further that any
failure of the presiding judge thereafter to annually adopt such a schedule of designated civil
penalty assessments shall not in any way invalidate the civil penalty established herein or in any
such schedule previously adopted.
(i) In order to implement this Section, the Purchasing Agent is authorized to solicit
and award an annual contract to a vendor of traffic signal camera systems for equipment,
installation, maintenance, film development and preliminary processing of penalty assessments;
provided, however, that the following requirements shall apply:
(1) No portion of any fine or civil penalty collected through the use of the
system may be paid to any manufacturer or vendor of the automated vehicle
identification system equipment;
(2) The selection of a vendor shall be by competitive proposal process;
(3) No penalty assessment notice prepared by any vendor shall be mailed or
served upon an owner until the notice and information upon which it has been based has
been individually reviewed and approved by a City peace officer who signs his or her
name upon the notice.
SECTION 2.
Section 11-1-210 of the Pueblo Municipal Code, as amended, is hereby amended to
read as follows:
Sec. 11-1-210. - Vehicles; nuisance; abatement; violation.
. . .
(3) Any vehicle which is the subject matter of a final notice and order shall not
be released to the record owner except upon the following conditions:
. . .
c. Any vehicle which remains unclaimed after the six-month period set
forth in the notice and order may be sold by the City pursuant to the procedure
set forth in \[Paragraph 15-1-8(a) (25) of this Code\]section 1802 through 1814
of the Colorado 2020 Model Traffic Code as adopted by Chapter 1 of Title
XV of this code, for sale of abandoned and impounded vehicles. All unpaid
storage fees owed pursuant to Subparagraph b. above shall constitute a lien
upon the vehicle and superior to all other liens of any nature.
. . .
SECTION 3.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures described
herein.
SECTION 4.
Before taking final action, the Mayor shall seek the approval by the Department of
Transportation of this ordinance pursuant to Section 44-4-110(1)(b) of the Colorado Revised
Statutes. This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on November 23, 2020 .
Final adoption of Ordinance by City Council on December 14, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on December 16, 2020 .
☐ Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
☐ Council did not act to override the Mayor's veto.
☐ Ordinance re-adopted on a vote of , on
☐ Council action on __________________failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-5
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 23, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, City Clerk
FROM: Kyle Aber, Assistant City Attorney
SUBJECT: AN ORDINANCE AMENDING TITLE XV, CHAPTER 1 OF THE PUEBLO
MUNICIPAL CODE AND ADOPTING THE COLORADO MODEL TRAFFIC
CODE AS REVISED IN 2020
SUMMARY:
Attached is an Ordinance which adopts the 2020 Colorado Model Traffic Code and amends the
Pueblo Traffic Code as codified in chapter 1 of Title XV of the Pueblo Municipal code to more
closely track the rules and regulations as set out in the 2020 Model Traffic Code.
PREVIOUS COUNCIL ACTION:
The City of Pueblo has not adopted the revisions in the Model Traffic Code since 1995.
Amendments have subsequently been made to the Pueblo Traffic Code in order to adopt some
language of the updated Model Traffic Code but have not fully adopted the updated rules and
regulations.
BACKGROUND:
This Ordinance substantially adopts the 2020 Model Traffic Code. Certain language that the city
of Pueblo has adopted in lieu of the language in the Model traffic code will remain as that
language addresses traffic rules specific to Pueblo. Some Language in the Pueblo Traffic Code
will be deleted as it will be redundant, unenforceable, or conflict with the updated rules and
regulations in the 2020 Model Traffic Code.
FINANCIAL IMPLICATIONS:
The City will not expend any money in adopting this traffic code. The new rules will have some
effect on the fines collected by the municipal court, any effect is expected to be minimal.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
City staff dealing with traffic offenses have had the opportunity to comment on the proposed
changes, those comments have been taken into account in the proposed ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the City will continue to operate under the 1995 version of the
Model Traffic Code. Some changes will be necessary in order to comply with State Laws and
Regulations.
RECOMMENDATION:
Approve the Ordinance.
Attachments: Proposed Ordinance