HomeMy WebLinkAbout06461Rev. 6/8/99
ORDINANCE NO. 6461
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XV OF
THE PUEBLO MUNICIPAL CODE RELATING TO THE
TRAFFIC CODE, ADOPTING WITH MODIFICATIONS THE
MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES,
REVISED 1995 EDITION, PUBLISHED BY THE COLORADO
DEPARTMENT OF TRANSPORTATION, 4201 EAST
ARKANSAS AVENUE, DENVER, COLORADO, 80222,
PROVIDING PENALTIES FOR THE VIOLATION OF SAID
CHAPTER AND MODEL TRAFFIC CODE, AND PROVIDING
FOR A PUBLIC HEARING IN RELATION THERETO
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter
being deleted; underscoring indicates new matter being added.)
SECTION 1
Section 15 -1 -1 of Chapter 1, Title XV of the Pueblo Municipal Code, as amended, is hereby
amended to read as follows:
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 [in 1977 as such] as the Revised 1995 Edition by the [State] Colorado
Department of Transportation [Highways (Division of Highways)], 4201 East Arkansas
Avenue, Denver, Colorado 80222 (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 ordinances of the City; and
provided, however, that [Sections 22 -5 and 22 -7] the Forward thereto, Sections 511 and 602.
and Appendixes A through H. inclusive are not adopted and are expressly deleted.
SECTION 2
Sections 15 -1 -2 through 15 -1 -7, inclusive, of Chapter 1, Title XV of the Pueblo Municipal
Code, as amended, are hereby reenacted with amendments to read as follows:
Sec. 154-2. 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 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, 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.
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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) Every person convicted of a violation of any of the provisions of the
Model Traffic Code or of this Chapter shall be punished by a fine not exceeding three
hundred dollars ($300.00) or by imprisonment not exceeding ninety (90) days, or both
by such fine and imprisonment, except as provided by Subsection (3) below.
(3) Every person found guilty of a violation of any of the provisions of
[Article XVII] sections 1412 1415 or 221 of the Model Traffic Code shall be
punished by a fine of not more than twenty -five dollars ($25.00), 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.
(4) The presiding Municipal Judge shall at least annually review the
schedule of designated fines of the Traffic Violations Bureau and adopt on or before
January 15 of each year a schedule of designated fines for the Municipal Court,
provided that failure to so annually adopt such a schedule of designated fines shall not
invalidate any such schedule previously adopted.
(5) In addition to the penalties provided herein, any person convicted of
a municipal traffic violation for which points may be assessed by the Colorado
Department of Revenue, other than a parking violation and violations of the
provisions of [Article XVII] sections 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 four dollars ($4.00). The school crossing guard surcharge shall be imposed
at the time of conviction and may not be suspended or waived by the Court. For
purposes of this Subsection, conviction shall include all guilty pleas, findings of guilt
and deferred sentences entered on any traffic 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; provided that this Section shall not apply
to employees of the City in the discharge of their official duties.
(b) 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.
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SECTION 3
Section 15 -1 -8 of Chapter 1, Title XV of the Pueblo Municipal Code, as amended, is hereby
amended to read as follows:
Sec. 15 -1 -8. Amendments and additions.
(a) The following parts• sections or subsections of Article I of said Model Traffic
Code are hereby added or amended to read as follows:
[(I) Section 4- 1 -(b). Basic Rule
"Except when a special hazard exists that requires lower speed, and
except as otherwise provided herein, the following speeds shall be lawful:
"(1) Twenty -five (25) miles per hour in any business district;
"(2) Twenty -five (25) miles per hour in any residence district;
"(3) Fifteen (15) miles per hour in all alleys;
"(4) Twenty (20) miles per hour in all parks;
"(5) Twenty (20) miles per hour in school zones and at school
crossings when posted;
"(6) Any speed not in excess of a posted speed limit as established
pursuant to the provisions of Section 4 -2 or Section 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 [on narrow, winding
mountain highways or on blind curves];
(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) [Forty miles per hour on open mountain highways]
Fifteen miles ter 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);
(0 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.;
(g) Sixty -five miles per hour on surfaced, four -lane
highways which are on the interstate system, as defined in section
W
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;
(W Twenty miles per hour in all school zones and at school
crossings when posted;
[(h)] ()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.
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(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) This municipality shall not authorize any speed limit
which exceeds fifty -five miles per hour on any highway which is not
on the interstate system, as defined in section 43 -2 -101 (2), C.R.S.,
and shall not authorize any speed limit which exceeds sixty -five miles
per hour on any highway which is on the interstate system, as defined
in section 43 -2 -101 (2), C.R.S.
(e) The provisions of this subsection (8) are declared to be
matters of both local and statewide concern requiring uniform
compliance throughout the state.]
[(O]Ld� 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.
(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, exist.
(10) The minimum requirement for commission of a 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
IZ
than the maximum lawful speed limit.
1(2) Section 10 -2. Obedience to Angle/Parallel Parkin; Signs or
Markings
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) Local authorities may by ordinance permit angle parking on
any roadway; except that angle parking shall not be permitted on any state
highway unless the department of transportation has determined by resolution
or order entered in its minutes that the roadway is of sufficient width to permit
angle parking without interfering with the free movement of traffic.]
[ "(a)]W 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.
[ "(b)]W 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 (1) space
or protrudes beyond the markings designating said space.
(3) [Section 11 -51 1212. Standing, Parking or Storing of Major
Recreational Equipment Prohibited
(a) 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.
(b) It shall be unlawful for any person to stand, park or store any
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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.
(c) 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.
(4) [Section 12 -3.1 1208. Parking Privilege for [the Handicap"ed�
Persons with Disabilities
[ "(a) No vehicle may be parked on any public street, or upon any
public or private parking lot, in any space designated by posted sign or
otherwise as reserved for vehicles of handicapped persons unless said vehicle
prominently displays either distinguishing license plates or an identifying
placard, issued by the Motor Vehicle Division of the Colorado Department of
Revenue for vehicles owned or used by persons with mobility handicaps, or
until March 1, 1982, an official decal or sticker issued by any agency
approved and authorized by the City. Any said decal or sticker which may be
valid until March 1, 1982, shall indicate by recognized design or symbol that
the driver of said vehicle is a'person with a mobility handicap,' as the phrase
is defined in Section 25 -5(h) of this Code.]
(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) [In a jurisdiction recognizing the privilege defined by this
subsection (2), a vehicle with distinguishing license plates or an identifying
placard may be parked in public parking areas along public streets regardless
of any time limitation imposed upon parking in such area; except that such
privilege need not apply to zones in which:
(a) Stopping, standing, or parking of all vehicles is
prohibited;
(b) Only special vehicles may be parked;
(c) Parking is not allowed during specific periods of the
day in order to accommodate heavy traffic.) "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 placard or license plate issued to a person with a disability
shall be displayed on the vehicle while parked in such space.] A
distinmuishing license plate or placard obtained pursuant to section 42-
3 -121 or as otherwise authorized by subsection (4) of this section
531
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 [which] that
is clearly identified by an official sign as being reserved for use by persons
with disabilities unlessLUa 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 [and who
exercises the privilege defined in subsection (2) of this section or] 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 [to a person with a disability] pursuant to
section 42 -3 -121 [(2)], C.R.S. in order to receive the benefits or privileges
available to a person with a disability under this section commits a traffic
[infraction] 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.
[ "(b)](Z Any vehicle properly parked in a space so designated as
reserved for vehicles of [handicapped] 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
M
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 (&pendix 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.
(5) [ Section 12 -4(b). All Night Parking 1203. Parking of Heavy and
Unlicensed Vehicles
[ "(b)] U No person shall park any vehicle carrying or designed to
carry a load of one (1) ton or more or any trailer or semitrailer whatsoever on
any street in a residential district for a period of time longer than thirty (30)
minutes between the hours of 8:00 p.m. and 7:00 a.m.
[(5.1) Section 12 -6. Parking of Unlicensed Vehicles
[ "(a)] (W 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.
[ "(b)] U 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 (72) hours, shall be removed and sold in accordance with the procedures
set forth in Sections [15- 1- 8(a)(22) and (23)] 1801 and 1802 of the Model
Traffic Code
[ "(c)] W 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) [ Section 13 -2.1 1213. Standing in Freight Curb Loading Zone,
Permits
(a) 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 (15) minutes except upon written permission from the Chief of
Police or his authorized representative.
(b) 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
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limitations of Section [23- 9(b)(21)] 113(b)(21) of the Model Traffic Code
(c) The [City License Officer, upon recommendation of the] Chief
of Police [or his authorized representative] 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.
(d) Application for such permit shall be in writing and contain such
information as the Chief of Police may require.
(e) 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.
(7) [Section 14 -3(b). Parking Meter Spaces.
"(b) Every vehicle shall be parked wholly within the metered
parking space for which the meter shows parking privilege has been granted.]
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 eter
zones established as provided in this Code shall be so designed, constructed
installed and set as to meet the following conditions:
W 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, 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.
Q Ubon 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 aid period of
time and prior to the expiration thereof, will indicate the interval of
time which remains of such period.
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(3j Each parking meter shall bear thereon an authorized
sign or messa eg clearly legible indicating the dUs 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.
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.
Every vehicle shall be parked wholly within the metered
parking, space for which the meter shows parking privilege has been rag_ nted.
Ccj Except where prohibited by other provisions of this Code, a
vehicle which is of a size too large parked within a single parkin
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 ordinance for the parking of other vehicles
in such space.
2004. Deposit of coins or tokens and time limits.
U No person shall park a vehicle in any parking pace 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.
No person shall deposit or attempt to deposit in any parking
meter any sfmL 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.
Lcj, 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 parkin time
ime
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.
W 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
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meter is located, irrespective of the number or amount of the coins or tokens
deposited in such meter.
Le� 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.
fD 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.
(al No person shall deface, injure, tamper with, open or willfully
break, destroy or impair the usefulness of any parkin
No person, firm or corporation shall place any sack or covering
over, upon or around any parking meter head, remove any parkin
head, or otherwise indicate or show that the said meter is inoperative or
inapplicable without proper authority to do so.
(8) [ Section 16- 5(e).l 803. Crossing [and Yielding] 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.
[ "(e)] W For the purpose of this Section, [16 -5, ]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.
(9) [ Section 17 -2. Bicycle License Required, Authority to Impound
1412. Operation of bicycles and other human - powered vehicles License
(1) Every person riding a bicycle shall have all of the rights and
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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 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 subdivision to sign or
maintain highways or sidewalks or to affect or increase the liability of the state
of Colorado or any political subdivision under the "Colorado Governmental
Immunity Act ", article 10 of title 24, C.R. S.
(3) No 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 shall attach the same or
himself or herself to any motor vehicle upon a roadway.
(5) Any person riding a bicycle shall ride in the right -hand lane.
When being overtaken by another vehicle, such person shall ride as close to
the right -hand side as practicable. Where a paved shoulder suitable for bicycle
riding is present, persons operating bicycles shall ride on the paved shoulder.
These provisions shall apply, except under any of the following situations:
(a) When overtaking and passing another bicycle or vehicle
proceeding in the same direction;
(b) When preparing for a left turn at an intersection or into
a private road or driveway;
(c) When reasonably necessary to avoid hazardous
conditions, including, but not limited to, fixed or moving objects,
parked or moving vehicles, pedestrians, animals, or surface hazards.
(6) (a) Persons operating bicycles on roadways shall ride
single file; except that riding no more than two abreast is permitted in
the following circumstances:
(I) When there is no motor vehicle traffic
approaching from the rear within a distance of three hundred
feet and the sight distance on the roadway at the time and
place and under the conditions then existing is a minimum of
three hundred feet to the front and to the rear of the bicyclists;
or
(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 shall keep at least one hand on
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the handlebars at all times.
(8) (a) A person riding a 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 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), 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 shall signal his intention to turn or stop
in accordance with the provisions of section 903.
(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 before turning and shall be given while the
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.
(10) (a) A person riding a bicycle upon and along a sidewalk or
across a roadway upon and along a crosswalk shall yield the
right -of -way to any pedestrian and shall give an audible signal before
overtaking and passing such pedestrian.
(b) A person shall not ride a bicycle upon and along a
sidewalk or across a roadway upon and along a crosswalk where such
use of bicycles is prohibited by official traffic control devices or local
ordinances.
(c) A person riding or walking a bicycle upon and along
a sidewalk or across a roadway upon and along a crosswalk shall have
all the rights and duties applicable to a pedestrian under the same
circumstances.
(d) A person riding a bicycle upon and along a sidewalk
shall dismount before entering any roadway and, when crossing any
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such roadway, shall observe all the rules and regulations applicable to
pedestrians.
(11) (a) A person may park a bicycle on a sidewalk unless
prohibited or restricted by an official traffic control device or local
ordinance.
(b) A bicycle parked on a sidewalk shall not impede the
normal and reasonable movement of pedestrian or other traffic.
(c) A 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 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 parked anywhere on a
highway shall conform to the provisions of part 11 of this Code
regulating the parking of vehicles.
12 (a� It shall be unlawful for any person to operate or use
any bicycle upon any of the streets, alleys, parkways or public places,
including sidewalks, in the City without having first procured a license
therefor from the Chief of Police or other authorized official, and
without having a valid license tag firmly attached to the frame of such
bicycle. Any police officer is hereby authorized to impound any
bicycle upon the public streets and ways which does not have such
license tag firmly attached to the frame of such bicycle. Any bicycle
so impounded may be redeemed by the owner thereof from the
custodian of stolen goods upon proof of ownership and upon
application for and issuance of a license if one has not been previously
issued, plus a recovery fee of five dollars ($5.00). The recovery fee
shall not be payable if a license shall have been previously issued to
and attached to such bicycle and such tag shall have been removed by
one other than the owner.
[(10) Section 17 -3. License Applications. Replacements
Such license shall be issued by the Chief of Police or
other authorized official upon application being made to him in such
form as he shall prescribe. The Chief of Police or other authorized
official shall, upon issuing the license, furnish a license tag with such
numbers and inscriptions that the same may be readily identified and,
upon satisfactory proof that a license tag has been lost or stolen,
furnish a replacement tag. No fee shall be charged for issuance of a
bicycle license or replacement of a lost or stolen bicycle license.
[(11)] L 10 [ Section 18 -5.1 1407. Spilling Loads on Streets or
M
Highways.
(a) 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.
(b) 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.
(c) 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.
(d) Whenever any load or litter is spilled, leaked, dropped,
deposited, thrown or dumped from any vehicle in violation of Subsection (a),
(b) or (c) 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.
(e) Every person convicted of a violation of subsections (a), (b)
or (c) of this Section [18 -5] 1407 shall be punished by a minimum fine of not
less than twenty -five dollars ($25.00).
1(12) Section 20 -6. Limitations on Backing
"The driver of a vehicle may back the same anywhere within this
municipality, other than on a controlled- access roadway, only when such
movement can be made with safety."]
1(13) Section 20 -11. Permits Required for Parades and Races, Prohibited
Conduct
11 PART 13
[ALCOHOL AND DRUG OFFENSES]
PARADES AND FUNERALS
1301 Permits Required for Parades and Races: Conduct
(a) No person shall engage in, participate in, aid, form or start any
parade, marathon, foot race, bicycle race, walkathon or any other event which
may create similar safety hazards or hinder or impede the general use of
streets, sidewalks and intersections unless a parade permit shall have been first
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obtained from the Chief of Police.
(b) Any person seeking issuance of a parade permit shall file an
application for said permit with the Chief of Police not less than five (5) days
prior to the date of the proposed parade and shall pay an application fee of
twenty -five dollars ($25.00) at the time of filing.
(c) The Chief of Police shall issue a parade permit when, from a
consideration of the application, he finds that:
(1) The conduct of the parade, marathon, foot race,
bicycle race, walkathon or other event will not substantially interrupt
the safe and orderly movement of other traffic contiguous of its route;
(2) The conduct of the event 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 contiguous thereto as to prevent
normal police protection to the City;
(3) The concentration of persons, animals and vehicles at
assembly points of the event will not unduly interfere with proper fire
and police protection of or ambulance service to, areas contiguous to
such assembly areas;
(4) The conduct of such event will not interfere with the
movement of firefighting equipment en route to a fire;
(5) The conduct of the event is not reasonably likely to
cause injury to persons or property, to provoke disorderly conduct or
create a disturbance;
(6) The event is not to be held for the sole purpose of
advertising any product or goods.
(d) If the Chief of Police disapproves the application, he shall
notify the applicant in writing within two (2) days from the date when the
application was filed. Said notice shall state the reasons for the denial of the
permit. Any person aggrieved shall have the right to appeal the denial of a
parade permit to the City Council within ten (10) days after the notice of
denial is received.
(e) The applicant hereunder shall comply with all permit conditions
and with the applicable laws and ordinances and shall carry the parade permit
upon his person during the conduct of the event.
(f) No person who is not a participant in the event shall
intentionally by physical conduct obstruct or hinder the line of movement of
the event or create or maintain an unreasonable risk to the safety of persons
or property. The following conduct is expressly prohibited and shall be
presumed to create an unreasonable risk to the safety of persons or property:
(1) Throwing objects or projectiles at parade participants
or into the line of movement of the parade or event;
(2) Use or possession of fireworks, sparklers, cap guns,
explosives, toy cannons, bullhorns or other loud noisemaking devices,
SM
whether otherwise lawful or not, within, along, adjacent to or in the
vicinity of the parade route during any event in which horses or other
animals are used in the event or are otherwise present.
(3) Driving any vehicle into or across the line of movement
of the event unless authorized or directed to do so by the holder of the
parade permit or his agent or by a peace officer.
(4) Breaking or crossing any police line or barricade unless
authorized to do so by a peace officer.
[(14)] 12 [ Section 20 -12.1 1302. Funeral Processions
(a) 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.
(b) 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.
(c) 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 [25 -2(b)] 102 (3) of Article 11 of this Code.
Each escort shall constitute a part of such procession.
(d) 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.
(e) Processions in all instances shall yield the right -of -way to other
authorized emergency vehicles pursuant to the provisions of Section [21 -8]
705 of this Code.
(f) 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.
(g) 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 (1) lane of traffic in
the direction traveled by the procession, such procession may then occupy any
one (1) lane of such traffic and other traffic may then pass such procession
consistent with Section [7 -4] 1004 of this Code.
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(h) 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.
(i) 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.
[(15)] 13 [ Section 20 -18.1 1415. Skateboard Use, on Sidewalks
(a) 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.
(b) When signs are erected giving notice thereof, no person shall
ride or use a skateboard or similar device upon a sidewalk;
(c) 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.
[(16) Section 21 -5(a). Restricted Use of Snowmobiles. Skis, Toboggans,
Coasters, Skates. Skateboards and Similar Devices
(a) No person shall use any street or highway within this
municipality for traveling on skis, toboggans, coasting sleds, skates,
skateboards or similar devices, except as otherwise provided in subsections
(b) and (d) of this Section, and it shall be unlawful for any person to use any
roadway within this municipality as a sled or ski course for the purpose of
coasting on sleds, skis or similar devices. "]
[(17) Section 22 -2. Forms and Notices of Arrest or Appearance
(a) The municipality shall provide multiple copies of serially
numbered forms for notifying alleged violators to appear in answer to charges
of violating traffic ordinances. "]
[(18) Section 22 -6. When Person Arrested May Be Taken Into Custody and
Detained
(a) A person arrested for a violation of this Code may be taken
into custody and immediately taken before the Magistrate upon his demand.
An arrested person may be taken before the Magistrate by direction of a
police officer in any of the following cases:
(1) When the person arrested refuses to give his or her
written promise to appear in court as provided in Section 22 -9,
(2) When the person arrested does not furnish satisfactory
evidence of identity; or
(3) When the officer has reasonable and probable grounds
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to believe that the person will disregard the notice or summons to
appear. The fact that such person is not a resident of the City of
Pueblo or of Pueblo County is prima facie grounds to believe that said
person will disregard the notice or summons to appear.
(b) In every case of arrest and detention as provided in Subsection
(a), said person shall have the right to be taken before the Municipal Court or
Judge thereof, or the Chief of Police, or a police officer designated by the
Chief of Police, and to give good and sufficient bond for this appearance to
answer for the offense charged, such bond to be in form and amount
determined by the Judge or said designated officer. Cash may be deposited
with the Judge or said designated officer in lieu of such bond. In the event
that said person shall fail to appear according to the terms, requirements and
conditions of his bond for appearance, the bond shall automatically be
forfeited."]
1(19) Section 22 -8(c). When Person Charged May Elect to Appear at
Bureau or Before Court
(c) The officer shall advise the person to whom the penalty
assessment notice is tendered of the points to be assessed in the event of a
conviction for the offense stated in such notice. In the event the officer issues
a summons and complaint instead of a penalty assessment notice, the
advisement of the points to be assessed upon a conviction shall be made by
the authorized personnel at the Pueblo Police Department at the time the
arrested party posts bond, or by the personnel at the Traffic Violations Bureau
prior to the time the defendant enters a plea of guilty or pays his fine." I
[(20) Section 22 -9. Notice to Appear in Court
Except when authorized or directed to take a person before a
magistrate or other court, as provided in Section 22 -5 or otherwise pursuant
to law, any police officer, upon making an arrest for any violations of this
Code punishable as an offense, shall take the name, address and operator's
license number of said person, the registration number of the motor vehicle
involved, and such other pertinent information as may be necessary, and shall
prepare and issue to him in writing on the form authorized in Section 22 -2 of
this Code a notice or summons to respond and answer to the charge against
him at a place and at a time to be specified in the notice or summons, and if
the arrested person does not possess a valid Colorado driver's license, such
arrested person, in order to secure release, must give his written promise to
appear in court at the time and place indicated on the notice or summons by
signing said notice or summons. Notwithstanding anything contained in
Section 11 -1 -801 of the Pueblo Municipal Code to the contrary, if the
arrested person does possess a valid Colorado driver's license, the person shall
not be required to give his written acknowledgment or promise to appear on
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FRW
the penalty assessment notice or summons. "]
14 1718. Notice on illegally narked 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 [22 -2] 1719 of this
[ordinance] 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.
15 1719. Forms and Notices to Annear Involving Unattended
Vehicles
The municipalit shall hall 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 a1212ear in answer to the charge of violating said Code or
ordinance.
[(21)] 16 [ Section 22 -131 1720. Failure to Comply with Notice on
Parked Vehicle
(a) 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 [22 -12] 1718 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 (5) days from date of mailing a complaint will
be filed and a warrant of arrest will be issued.
(b) No person shall tear, cut, damage, mutilate, destroy or
otherwise tamper with a penalty assessment notice issued pursuant to Section
[22 -12] 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."
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(17) 1721. Presumption in reference to illegal parkin
In any prosecution charging a violation of any provision of this
ordinance ove�rnin 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, such violation
occurred.
[(22)] LU8 [ Section 22 -20] 1801. Abandoned and Impounded
Vehicles
(a) 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 [constitute a violation of Section 10 -5
of the Model Traffic Code] 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(23)] 15- 1- 8(a)(19) of the Pueblo
Municipal 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.
(b) 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 (72) 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.
(c) 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 at a designated
office of the Police Department which shall be open twenty -four (24) hours
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every day or from the Clerk of the Municipal Court, that unless arrangements
are made for the release of the vehicle within seventy -two (72) hours 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 Police Department or the Clerk of the Municipal Court, and
where such vehicle has been properly immobilized in said manner, a fee of ten
dollars ($10.00) shall be charged by the Police Department or 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: (1)
paying the amount of unpaid fines and court costs owing for which the vehicle
was immobilized together with the immobilization fee above indicated, or (2)
posting a bond in the amount of twenty -five dollars ($25.00) 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.
[(23)] 19 [Section 22-2111802. Sale of Abandoned and Impounded
Vehicles
(a) Definitions. As used in this Section:
(1) Abandoned motor vehicle means:
(A) Any motor vehicle left unattended on private
property for a period of seventy -two (72) hours or longer
without the consent of the owner or lessee of such property or
the owner's or lessee's legally authorized agent;
(B) 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 (72)
hours or longer;
(C) 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 (72) 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.
(2) 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.
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(3) 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.
(4) Operator means a person licensed by the Colorado
Public Utilities Commission as a towing carrier.
(5) Private property means any real property which is not
public property.
(6) 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.
(7) Private tow means any tow of an abandoned motor
vehicle other than a public tow.
(b) 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.
(c) (1) Upon having an abandoned motor vehicle towed, 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.
(2) As soon as possible, but in no event later than five (5)
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, which report shall be on a
form prescribed and supplied by the Colorado Department of
Revenue.
(3) The report shall contain the following information:
(A) The fact of possession, including the date
possession was taken, the location of storage of the
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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.
(B) 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
(C) 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 and a list of the names and addresses of
any known drivers.
(d) Upon receipt of a return report from the Colorado Department
of Revenue as provided by C.R.S. 42 -4- 1804(2), 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.
(e) Within five (5) working days of receipt of the return report
from the Colorado Department of Revenue as provided by C.R.S. 42 -4-
1804(2), 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 C.R.S. 42 -4 -1807, 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 (30) 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 (30) 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.
(f) Public tow abandoned motor vehicles or motor vehicles
abandoned in an impound lot subsequent to a public tow shall be appraised
-26-
and sold by the City. The sale shall be held not less than thirty (3 0) nor more
than ninety (90) days after the mailing of notice provided in Subsection (e) of
this Section.
(1) If the appraised value of the vehicle is two hundred
dollars ($200.00) or less, the sale shall be made by private sale upon
at least two (2) 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 C.R.S. Section 42- 4- 1806(3).
(2) If the appraised value of the vehicle is more than two
hundred dollars ($200.00), the vehicle shall be sold by public sale or
by private sale upon at least two (2) 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 (10) 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
C.R.S. 42- 4- 1806(4).
(3) 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 Section [15-1 -
8(23)(g)(2)(A)] paragraph (g)(2)(A) of this section 1802 and C.R.S.
42 -4- 1810(2). 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 satisfaction of such charges.
(g) Proceeds of sale.
(1) 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 of record for the
full amount of such charges, less the amount received upon the sale of
such motor vehicle.
(2) 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:
(A) The proceeds shall first satisfy the operator's
charges as follows: The cost of towing the abandoned motor
vehicle with a maximum charge of fifty dollars ($50.00); the
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mileage for tows of greater than twenty -five (25) miles one -
way, to be computed at the rate of one dollar ($1.00) per mile
for each mile in excess of twenty -five (25) miles one -way; and
the storage of the abandoned motor vehicle to be charged at
the rate of four dollars ($4.00) per day for a maximum of
ninety (90) days. In the case of an abandoned motor vehicle
weighing in excess of ten thousand (10,000) pounds, the
provisions of this subparagraph (A) shall not apply and the
operator's charges shall be those charges which are
commercially reasonable.
(B) 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.
(C) Any balance then remaining shall be paid by the
Police Department: first to any lienholder of record as the
lienholder's interest may appear upon the records of the
Colorado Department of Revenue; second to any owner of
record as the owner's interest may so appear; and then to any
person submitting proof of such person's interest in such
motor vehicle upon application of such lienholder, owner or
person. If such payments are not requested within one
hundred twenty (120) days of the sale of the abandoned
vehicle, the balance shall be transferred to the general fund of
the City.
(h) This Section does not apply to private tows.
(i) 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.
0) The operator shall release the motor vehicle to the purchaser
upon payment of the purchase price by the purchaser.
[(24)] (20) [ ection 23 -8] 111. Office of the Traffic Engineer
(a) 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
or if the Director of Transportation is absent from the municipality or
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incapable of performing his duties, the duties shall be vested in a municipal
official as determined and authorized by the City Manager.
(b) In the absence of such appointment or at such times as the
Traffic Engineer and Director of Transportation 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
City Manager.
[(25)] (21) [Section 23 -131 1215. Parking Permits for Metered and
Limited Time Parking Zones
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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:
(1) Any building contractor licensed as such by the City of
Pueblo while in the performance of construction, demolition or
remodeling.
(2) Emergency service vehicles while in the performance
of emergency service.
(3) 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.
(4) Members of the press employed by a radio or television
-29-
news department, or newspaper of general circulation while in the
performance of their duties.
(f) 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 ($10.00). Such deposit shall be refunded upon return of the permit to
the Chief of Police [or his authorized representative] 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.
(g) No permit shall be issued for less than one (1) calendar day.
The fees for such permit shall be payable in advance as follows:
(1) For one (1) calendar day or fraction thereof: Three
dollars ($3.00) per day.
(2) For one (1) calendar week or fraction thereof: Five
dollars ($5.00) per week.
(3) For one (1) calendar month or fraction thereof: Ten
dollars ($10.00) per month.
(4) For one (1) calendar year or fraction thereof: Forty
dollars ($40.00) per year.
Such fee shall be in lieu of all other parking fee revenues payable by
the holder of such permit for one (1) 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.
(h) Elected officials of the City and of the County of Pueblo, the
City Manager 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.
(i) 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
-30-
for a period of thirty (30) days after the first conviction, ninety (90) days after
the second conviction, and twelve (12) months after the third and all
subsequent convictions.
1(26) Section 25 -2(e). Bicycle
Every device having one (1) or more wheels propelled by human
power upon which one (1) or more persons may ride. "]
[(27) Section 22 -10. Failure to Obey Summons or Notice
For the purposes of this Code, tender by an arresting officer of the
summons or penalty assessment notice shall constitute notice to the violator
to appear in Court at the time specified on such summons or to pay the
required fine. It shall be unlawful for any person to fail to appear to answer
any offense charged under this Code. "]
[(28)] (22) [Section 21 -11 1722. Authority of Police and Fire Department
Officials
(d) 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 [22 -12] 1718 of the Model Traffic Code.
[(29)] (23) 1Section 11- I- (a)(1)] 1204. Stopping. Standing or Parking
Prohibited in Specified Places
W 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:
[ "(1)] U On a sidewalk, except that parking of noncom-
mercial 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.
Within an intersection_
On a crosswalk:
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:
U Alongside or opposite any street excavation or
obstruction when stopping standing or parking would obstruct
-31-
Fi ll 01111 IIIh IAII#IM
traffic:
f�' On the roadway side of any vehicle stopped or parked
at the edge or curb of a street: provided, however, that this
subparagraph (f) shall not prohibit the lawful parking or standing of
any truck which has been issued a special freight loading permit
authorizing such parking or standing pursuant to Section 1214 and
113(b)(25) of the Model Traffic Code.
Wg Upon any bridge or other elevated structure upon a
highway or within a highway tunnel;
(W On any railroad tracks:
Q On any controlled - access highway;
W In the area between roadways of a divided highway,
including crossovers;
U At any other place where official signs prohibit
stopping_
Q 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:
U Within five feet of a public or private driveway;
Within fifteen feet of a fire hydrant:
�c) Within twenty feet of a crosswalk at an intersection,
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:
�ej 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.
W In addition to the restrictions specified in subsections (1) and
(2) of this section no person shall park a vehicle, except when necessar�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:
Within fifty feet of the nearest rail of a railroad
crossing:
At any other glace where official signs prohibit
parking.
W U Paragraph (a) of subsection (1) of this section shall not
prohibit persons from parking bicycles on sidewalks in accordance
with the provisions of section 1412 (11)(a ) and (11)(b).
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(b) Paragraph (fl of subsection (1) of this section shall not
prohibit persons from parking two or more bicycles abreast in
accordance with the provisions of section 1412 (11)(d).
LcJ Paragraphs (a ),(c). and (d) of subsection (2) of this
section shall not apply to bicycles parked on sidewalks in accordance
with section 1412 (11)(a) and (11)(b).
W 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.
[(30)] (24) [Section 11 -2] 1216. 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.
[(31)] (25) [Section 20 -191 1416. Obstruction of the Public Way
(a) 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.
(b) 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 traveling 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.
[(32) Section 11-1(a)(6). Stopping. Standing or Parking Prohibited in
Specified Places.
(6) On the roadway side of any vehicle stopped or parked at the
edge or curb of a street; provided, however, that this subparagraph (6) 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 Sections 13 -3 and 23- 9(b)(25) of the Model Traffic Code. "]
[(33)] (26) [Section 13 -3] 1214. Permits for Loading Zones.
Whenever special permits are issued, as authorized in Section [23 -9]
1215 to establish or control the use of loading zones or to allow the backing
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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.
[(34)] 27 [ Section 23- 9(b)(21)]. 113 [Duties and Powers] Authority of
Traffic Engineer [or Other Designated Traffic Official.
ial 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 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.
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:
CU Direct the placement of all traffic control devices:
Designate and mark medians and traffic islands:
Conduct speed zoning studies and post speed limits as
permitted by law:
Designate minimum speed as provided by law:
Regulate speed and traffic movement by traffic signals
and provide for the synchronization of such signals wherever
practicable:
Designate one -way streets and roadways:
Designate through streets or roadways and control
entrances thereto:
W Designate stop or ield intersections and erect stop or
yield signs thereat:
Establish restrictions. prohibitions, and regulations for
the parking, standing. stopping of vehicles
10 Designate special parking zones for taxicabs, buses,
and the like:
11 Designate parking meter zones and establish time
limitations thereon based on an en ing eerina and traffic investigation:
12 Establish tow -away zones
13 Designate upon what streets, if any, angle parking shall
be permitted
14 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:
-34-
NO
15 Designate and sign intersections where multiple turns
shall be allowed:
16 Mark centerlines and lane lines and place other
pavement markings necessary for the regulation and control of traffic:
17 Install and maintain crosswalks at intersections or other
places where there is particular danger to pedestrians crossing the
roadway:
18 Establish safety zones at such places where necessary
for pedestrian protection:
19 Install pedestrian- control signals and designate those
crossings where angle crossing by pedestrians shall be permitted:
20 Establish play streets;
(21) (A) Establish truck routes and truck loading zones;
establish bus stops and taxicab stands;
(B) 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 (15) 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 50 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 safety 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.
22 Designate and sign those streets and roadways where
pedestrians bicyclists or other nonmotorized traffic. or persons
-35-
W
operating a motor - driven cycle shall be excluded as provided by law;
23 Designate and sign those streets upon which vehicles
or loads of a certain weight shall be prohibited:
24 Provide for temporary street or alley closures by the
erection of official traffic control devices or barricades;
O Nothing in this section is intended, nor shall it be construed,
to create a le ag 1 duty or obligation upon the traffic engineer to act in any
particular manner or to exercise any of the powers granted herein.
[(3 5) Section 23- 9(b)(25). Duties and Powers of Traffic Engineer or Other
Designated Traffic Official.
(b) 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:]
(25) Issue special permits for curb or special freight loading
operations, for the movement of vehicles having excess size or
weight[, for parades or processions, etc].
(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 [5 -1,
5 -2, 10 -4, 15 -12, 20 -6 and 23 -31 1401, 1402. 1206. and 1211 of the adopted Model Traffic
Code [respectively] concerning careless driving, reckless driving, unattended motor vehicle,
[unauthorized devices] and improper backing [and accident investigation] shall apply not only
to public places and ways but also throughout the City.
SECTION 4
Sections 15 -1 -9 through 15 -1 -11, inclusive, and Section 15 -1 -13, of Chapter 1, Title XV of
the Pueblo Municipal Code, as amended, are hereby reenacted in their entirety, with amendments, to
read as follows:
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
-36-
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 City Manager 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 -13. School crossing guard program.
The City Manager 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 [crosswalk] crossing guards.
-37-
SECTION 5
Sections 15 -1 -12 and 15 -1 -14 of Chapter 1, Title XV of the Pueblo Municipal Code are
hereby repealed in their entirety.
[Sec. 15 -1 -12. Mandatory seat belt use.
(a) Unless otherwise exempted pursuant to Subsection (b) of this Section, every
driver of and every front seat passenger in a motor vehicle equipped with a safety belt system
shall wear a fastened safety belt while the motor vehicle is being operated on a street or
highway within the City.
(b) The requirement of Subsection (a) of this Section shall not apply to:
(1) A child required to be restrained by a child restraint system;
(2) A member of an ambulance team, other than the driver, while involved
in patient care;
(3) A peace officer in performance of his or her official duties;
(4) A person with a physically or psychologically disabling condition
whose physical or psychological disability pre -vents appropriate restraint by a safety
belt system if such person possesses a written statement by a physician certifying the
condition, as well as stating the reason why such restraint is inappropriate;
(5) A person driving or riding in a motor vehicle not equipped with a
safety belt system because federal laws and regulations do not require such vehicle to
be equipped with such a system;
(6) A driver or front seat passenger riding in a vehicle equipped with a
federally approved passive restraint system designed to protect the driver or front seat
passenger, respectively;
(7) A letter carrier of the United States postal service while engaged in the
delivery of mail;
(8) A person operating a motor vehicle for commercial or residential
delivery or pickup service; except that such person shall be required to wear a
fastened belt during the time period prior to the first delivery or pickup of the day and
during the time period following the last delivery or pickup of the day.
(c) Any person who violates the provisions of this Section commits a municipal
offense and, upon conviction thereof, shall be punished by a fine of not more than one
hundred dollars ($100.00).
(d) No driver in a motor vehicle shall be stopped and cited for a violation of
Subsection (a) of this Section unless such driver was stopped by a law enforcement officer
for an alleged violation of a provision of Chapter 1 of this Title XV, the Model Traffic Code
as adopted therein, or of Articles 1 through 4 of Title 42, C.R.S., other than the violation of
this Section or its counterpart under state law.]
[Sec. 15 -1 -14. Use of child restraint systems.
(a) As used in this Section:
an
(1) Child care center means a facility required to be licensed under the
"Child Care Act," Article 6 of Title 26, C.R.S., or pursuant to any similar or successor
statute enacted subsequent thereto.
(2) Child restraint system means any device 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 and that conforms to all
applicable federal motor vehicle safety standards.
(3) 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 which 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.
(4) Seating position means any motor vehicle interior space intended by
the motor vehicle manufacturer to provide seating accommodations while the motor
vehicle is in motion.
(b) Restraint during transportation.
(1) Except as provided in Subsection (c) of this Section, every child, who
is under four (4) years of age and weighs less than forty (40) pounds, being
transported anywhere within the City in a privately owned noncommercial passenger
vehicle or in a vehicle operated by a child care center, shall be provided with a child
restraint system 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.
(2) Except as provided in Subsection (c) of this Section, every child, who
is at least four (4) years of age but less than sixteen (16) years of age or who is less
than four (4) years of age and weighs forty (40) pounds or more, being transported
in this State in a privately owned noncommercial vehicle or in a vehicle operated by
a child care center, shall be provided with a safety belt system and shall be properly
fastened into the safety belt system according to the manufacturer's instructions.
(3) 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.
(c) The requirements of Subsection (b) of this Section shall not apply to a child
who:
(1) Is being transported in a privately owned noncommercial motor vehicle
in which all seating positions equipped with safety belts or child restraint systems are
occupied;
(2) Is being transported in a motor vehicle as a result of a medical
emergency;
(3) 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
(4) Is the driver of a motor vehicle and is subject to the safety belt
requirements provided in Section 15 -1 -12 of this Chapter.
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(d) No person shall use a safety belt or child restraint system, whichever is
applicable under the provisions of this Section, for children under sixteen (16) years of age
in a motor vehicle unless it conforms to all applicable federal motor vehicle safety standards.
(e) Any violation of this Section shall not constitute negligence per se or
contributory negligence per se.
(f) Any person who violates the provisions of this Section commits a municipal
offense and upon conviction thereof shall be punished by a fine of not more than one hundred
dollars ($100.00).1
SECTION 6
Section 15 -1 -15 of Chapter 1, Title XV of the Pueblo Municipal Code is hereby amended to
read as follows:
Sec. 15 -1 -15. Owner liability for traffic signal camera violations.
(a) As used in this Section:
(1) Traffic signal camera shall mean a 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
one (1) or more seconds 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 [25 -2] 102 49 of
Article 11 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. 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 [15 -5(c)] 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 [15 -5(c)] 604 1 c of the Model Traffic Code.
.E
(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 [15 -5(c)] 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,
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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 and the vehicle
involved in the violation will be subject to immobilization in accordance with Section
[22- 20(c)] 1801(c) of the Model Traffic Code, as amended by Section [15- 1- 8(a)(22)]
15- 1- 8(a)(18) of this Chapter.
(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 [15 -5(c)] 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 15 -5(c)] 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. Thereafter, members of the Police Department or other employees of
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the City acting in their official capacity may subject the vehicle to immobilization in
accordance with Section [22- 20(c)] 1801 c of the Model Traffic Code, as amended
by Section [15- 1- 8(a)(22)] 15 -1 -8 (a)(181 of this Chapter.
(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 [15 -5(c)] 604 a 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 one hundred fifty dollars ($150.00) 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 fifty dollars ($50.00) 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.
SECTION 7
A public hearing to consider the adoption of the Model Traffic Code for Colorado
Municipalities, Revised 1995 Edition, with modifications, shall be held in the Council Chambers, City
Hall, 1 City Hall Place, Pueblo, Colorado at 7:30 p.m. on August 9 , 1999.
The City Clerk is directed to publish notice of such hearing pursuant to Section 31 -16 -203 of the
Colorado Revised Statutes.
SECTION 8
The adoption of this Ordinance and of the Model Traffic Code shall not create any duty to
any person, firm, corporation, or other entity with regard to the enforcement or nonenforcement of
this Ordinance or said Code. No person, firm, corporation, or other entity shall have any private right
of action, claim or civil liability remedy against the City of Pueblo or the Pueblo Police Department
or Transportation Department, or their officers, employees or agents, for any damage arising out of
or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or said
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,,� ;,,VIIIWIVIII®LLI l�il II{ II . I. I
Code. Nothing in this Ordinance or in said Code shall be construed to create any liability, or to waive
any of the immunities, limitations on liability, or other provisions of the Governmental Immunity Act,
§24 -10 -101 et se ., C.R.S., or to waive any immunities or limitations on liability otherwise available
to the City of Pueblo or the Pueblo Police Department or Transportation Department, or their
officers, employees or agents.
SECTION 9
If any part, section, subsection, sentence, clause or phrase of this Ordinance or the adopted
Model Traffic Code is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this Ordinance or of the Model Traffic Code.
SECTION 10
The Council finds and declares that a certified true copy of the Model Traffic Code for
Colorado Municipalities, Revised 1995 Edition, has been on file in the office of the City Clerk of the
City of Pueblo for not less than 15 days preceding the public hearing referred to in Section 7 of this
Ordinance, and shall remain in said office for public inspection. After adoption of this Ordinance,
three copies of the Model Traffic Code shall be kept in the office of the City Clerk at 1 City Hall
Place, Pueblo, Colorado, 81003. Copies of the Model Traffic Code shall also be available through
the City Clerk for purchase by the public at a moderate price.
SECTION 11
This Ordinance, and the Model Traffic Code as adopted and amended hereunder, shall become
effective 30 days after final passage and approval, and shall apply with respect to, and govern conduct
and all municipal court proceedings concerning violations occurring on and after its effective date;
provided, however, that this Ordinance is not intended, and shall not be construed, to repeal, amend
..
or otherwise affect Chapter 1 of Title XV of the Pueblo Municipal Code or the Model Traffic Code
as adopted therein as it existed on the day preceding the effective date of this Ordinance, with respect
to any violations thereof occurring prior to the effective date of this Ordinance. It is the express
intent of the City Council that Chapter 1 of Title XV of the Pueblo Municipal Code, as it existed on
the day preceding the effective date of this Ordinance, shall remain in effect and apply with respect
to all conduct and all violations thereof which occur prior to the effective date of this Ordinance.
INTRODUCED: July 12, 1999
By Cathy Garcia
Councilperson
ATTEST:
City rk
APPR D:
President of the City Council
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