HomeMy WebLinkAbout06487ORDINANCE NO. 6487
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XV OF
THE PUEBLO MUNICIPAL CODE RELATING TO THE
TRAFFIC CODE INCLUDING PARKING REQUIREMENTS,
AND MODIFICATIONS THERETO, AND PROVIDING
PENALTIES FOR THE VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter
being deleted; underscoring indicates new matter being added)
SECTION 1
Section 15 -1 -8 of Chapter 1, Title XV of the Pueblo Municipal Code, as amended, is hereby
amended by amending subsections (a), (a)(2), and (a)(23) thereof, and by adding new subsections
(a)(28) and (a)(29) thereto, to read as follows:
Sec. 15 -1 -8. Amendments and additions.
(a) The following parts, sections or subsections of Article I of said Model Traffic
Code are hereby repealed, added or amended to read as follows:
(2) 1205. Parking at curb or edge of roadway.
(1) Except as otherwise provided in this section, every vehicle stopped
or parked upon a two -way roadway shall be so stopped or parked with the right -hand
wheels parallel to and within twelve inches of the right -hand curb or as close as
practicable to the right edge of the right -hand shoulder.
(2) Except as otherwise provided by local ordinance, every vehicle
stopped or parked upon a one -way roadway shall be so stopped or parked parallel to
the curb or edge of the roadway in the direction of authorized traffic movement, with
its right -hand wheels within twelve inches of the right -hand curb or as close as
practicable to the right edge of the right -hand shoulder or with its left -hand wheels
within twelve inches of the left -hand curb or as close as practicable to the left edge
of the left -hand shoulder.
(3) On those streets which have been signed or marked by the Traffic
Engineer, or other person so authorized, for angle parking, no person shall stop or
park a vehicle other than at the angle to the curb or edge of the roadway indicated by
such signs or markings. Such parking shall be with the front end of the vehicle
nearest to and facing the curb or, in the event there is no curb, the enclosed end of the
parking space, unless otherwise expressly permitted by posted signs.
(4) On those streets which have been marked by the Traffic Engineer, or
other person so authorized, designating separate and distinct parking spaces indicated
by appropriate markings upon the curb and /or the pavement of the street, no person
shall park a vehicle in any such designated parking space so that any part of the
vehicle occupies more than one (1) space or protrudes beyond the markings
designating said space.
No person shall park a vehicle upon a roadway with the right -hand
wheels parallel to the right -hand curb or right edge of the right -hand shoulder in such
a manner as to leave available less than two (2) feet of clearance between any other
vehicle in front of or behind such vehicle when parked
(23) 1204. Stopping, Standing or Parking Prohibited in Specified Places.
(1) Except as otherwise provided in subsection (4) of this section, no
person shall stop, stand, or park a vehicle, except when necessary to avoid conflict
with other traffic or in compliance with the directions of a police officer or an official
traffic control device, in any of the following places:
(a) On a sidewalk, except that parking of noncommercial motor
vehicles and motorcycles shall be permitted on that portion of a street paved
or surfaced for parking between the curb lines or the lateral lines of a
roadway, and the adjacent property lines, not intended for the use of
pedestrians unless official signs prohibit parking or parking thereon would
interfere with the free movement of vehicular or pedestrian traffic or
constitute a hazard.
(b) Within an intersection;
(c) On a crosswalk;
(d) Between a safety zone and the adjacent curb or within thirty
feet of points on the curb immediately opposite the ends of a safety zone,
unless the traffic authority indicates a different length by signs or markings;
(e) Alongside or opposite any street excavation or obstruction
when stopping, standing, or parking would obstruct traffic;
(f) On the roadway side of any vehicle stopped or parked at the
edge or curb of a street; provided, however, that this subparagraph (f) shall
not prohibit the lawful parking or standing of any truck which has been
issued a special freight loading permit authorizing such parking or standing
pursuant to Section 1214 and 113(b)(25) of the Model Traffic Code.
(g) Upon any bridge or other elevated structure upon a highway
or within a highway tunnel;
(h) On any railroad tracks;
(i) On any controlled- access highway;
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0) In the area between roadways of a divided highway, including
crossovers;
(k) At any other place where official signs prohibit stopping;
0 In any restricted parking zone other than for the purpose
specified on official signs marking such restricted zone and during the period
of time for which the restrictions are effective, except that the driver of a
passenger vehicle may stop momentarily therein for the Vurpose of and while
actually engaged in the expeditious loading or unloading of passengers when
such standing or stopping does not interfere with the type of vehicle or use
for which the zone is reserved:
m Within an alley in such position as to block the driveway
entrance to any abutting property
(2) Except as otherwise provided in subsection (4) of this section, in
addition to the restrictions specified in subsection (1) of this section, no person shall
stand or park a vehicle, except when necessary to avoid conflict with other traffic or
in compliance with the directions of a police officer or an official traffic control
device, in any of the following places:
(a) Within five feet of a public or private driveway;
(b) Within fifteen feet of a fire hydrant;
(c) Within twenty feet of a crosswalk at an intersection;
(d) Within thirty feet upon the approach to any flashing beacon
or signal, stop sign, yield sign, or traffic control signal located at the side of
a roadway;
(e) Within twenty feet of the driveway entrance to any fire station
or, on the side of a street opposite the entrance to any fire station, within
seventy -five feet of said entrance when properly signposted;
(f) At any other place where official signs prohibit standing.
(3) In addition to the restrictions specified in subsections (1) and (2) of
this section, no person shall park a vehicle, except when necessary to avoid conflict
with other traffic or in compliance with the directions of a police officer or official
traffic control device, in any of the following places:
(a) Within fifty feet of the nearest rail of a railroad crossing;
(b) At any other place where official signs prohibit parking;
Lc) Within an alley except during the necessary and expeditious
loading and unloading of merchandise or freight
(4) (a) Paragraph (a) of subsection (1) of this section shall not
prohibit persons from parking bicycles on sidewalks in accordance with the
provisions of section 1412 (11)(a) and (11)(b).
(b) Paragraph (f) of subsection (1) of this section shall not
prohibit persons from parking two or more bicycles abreast in accordance
with the provisions of section 1412 (11)(d).
(c) Paragraphs (a), (c), and (d) of subsection (2) of this section
shall not apply to bicycles parked on sidewalks in accordance with section
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1412 (11)(a) and (11)(b).
(5) No person shall move a vehicle not lawfully under his control into any
such prohibited area or away from a curb such distance as is unlawful.
28 236. Child restraint systems required - definitions - exemptions (1) As used in
this section, unless the context otherwise requires:
(a) "Child care center" means a facility required to be licensed under the
"Child Care Act," Article 6, of Title 26, C.R.S.
(a.5) "Child restraint system" means any device which 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 which
conforms to all applicable federal motor vehicle safety standards.
(b) "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.
(c) "Seating position" means any motor vehicle interior space intended
by the motor vehicle manufacturer to provide seating accommodation while the
motor vehicle is in motion.
(2) (a) Unless exempted pursuant to subsection (3) of this section, every
child, who is under four years of age and weighs under forty pounds, being
transported in this state 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.
(b) Unless excepted pursuant to subsection (3) of this section, every child,
who is at least four years of age but less than sixteen years of age or who is less than
four years of age and weighs forty 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.
(c) It is the responsibility of the driver transporting children, subject to
the requirements of this section, to ensure that such children are provided with and
that they properly use a child restraint system.
(3) The requirements of subsection (2) of this section shall not apply to a child
who:
(a) [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;] (repealed) (Ed. Note: see HB99 -1360
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(b) Is being transported in a motor vehicle as a result of a medical
emergency.
(c) 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
(d) Is the driver of a motor vehicle and is subject to the safety belt
requirements provided in section 237.
(4) The division of highway safety shall implement a program for public
information and education concerning the use of child restraint systems and the provisions
of this section.
(5) No person shall use a safety belt or child restraint system, whichever is
applicable under the provisions of this section, for children under sixteen years of age
in a motor vehicle unless it conforms to all applicable federal motor vehicle safety
standards.
(6) Any violation of this section shall not constitute negligence per se or
contributory negligence per se.
(7) Any person who violates any provision of this section commits a
traffic offense.
(8) The fine may be waived if the driver presents the court with
satisfactory evidence of the acquisition, purchase, or rental of an approved child
restraint system by the time of the court appearance.
1409. [Compulsory insurance - penalty. (1) No owner of a motor vehicle required
to be registered in this state shall operate the vehicle or permit it to be operated on
the public highways of this municipality when the owner has failed to have a
complying policy or certificate of self - insurance in full force and effect as required
by sections 10 -4 -705 and 10 -4 -716, C.R.S.
(2) No person shall operate a motor vehicle on the public highways of this
municipality without a complying policy or certificate of self - insurance in full force
and effect as required by sections 10 -4 -705 and 10 -4 -716, C.R.S.
(3) When an accident occurs, or when requested to do so following any
lawful traffic contact or during any traffic investigation by a peace officer, no owner
or operator of a motor vehicle shall fail to present to the requesting officer immediate
evidence of a complying policy or certificate of self - insurance in full force and effect
as required by sections 10 -4 -705 and 10 -4 -716, C.R.S.
(4) Any person who violates the provisions of subsection (1), (2), or (3)
of this section commits a traffic offense.
(5) Testimony of the failure of any owner or operator of a motor vehicle
to present immediate evidence of a complying policy or certificate of self - insurance
in full force and effect as required by sections 10 -4 -705 and 10 -4 -716, C.R.S., when
requested to do so by a peace officer, shall constitute prima facie evidence, at a trial
concerning a violation charged under subsection (1) or (2) of this section, that such
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owner or operator of a motor vehicle violated subsection (1) or (2) of this section.
(6) No person charged with violating subsection (1), (2), or (3) of this
section shall be convicted if he produces in court a bona fide complying policy or
certificate of self- insurance which was in full force and effect, as required by sections
10 -4 -705 and 10 -4 -716, C.R.S., at the time of the alleged violation.]
(repealed) Editor's Note: MTC § 1409 concerning compulsory insurance is within
the exclusive -jurisdiction of the state and not a local and municipal matter.l
SECTION 2
Any person found guilty of violating any provision of this Ordinance or of any Model Traffic
Code section or provision adopted or amended by this Ordinance shall be punished as provided in
Section 15 -1 -6 of the Pueblo Municipal Code, as amended.
SECTION 3
This Ordinance shall become effective thirty (30) days after final passage and approval.
INTRODUCED: October 25, 1999
ATTES T 1 :
City rk
By Robert Schillin
Councilperson
APP VED:
President of the City Council
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