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City Clerk's Office Item # S3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: December 8, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Elizabeth Drake, Assistant City Attorney
Andrew Hayes, Public Works Director
SUBJECT: AN ORDINANCE REPEALING CHAPTER 1 OF TITLE 15 OF THE
PUEBLO MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 1 OF
TITLE 15 WITH THE COLORADO MODEL TRAFFIC CODE AS REVISED
IN 2024 REVISION 1.0
SUMMARY:
Attached is an Ordinance which adopts the 2024 Colorado Model Traffic Code Revision
1.0. It repeals the current Pueblo Traffic Code as codified in chapter 1 of Title XV of the
Pueblo Municipal code and replaces it with a new chapter to more closely track the rules
and regulations as set out in the 2024 Model Traffic Code, Revision 1.0.
PREVIOUS COUNCIL ACTION:
Council adopted the Model Traffic Code originally in 1957, with the most recent revision
version of the Model Traffic Code in 2020. Amendments and Additions have made
several revisions to individual ordinances within the chapter over the years; the most
recent revision was to Sec. 15-1-10 (Motorized vehicles in certain areas) in 2022.
BACKGROUND:
The first Model Traffic Code was released by the State of Colorado in 1952 by the
Department of Transportation. Prior to 2024, it was last updated in 2020. It provides
consistent traffic regulations across the state while allowing municipalities to enforce
regulations within their boundaries. Additionally, it gives the Public Works Department
a resource for planning traffic.
The most recent Model Traffic Code was released in 2024 and has received one revision.
It can be found at: http://www.codot.gov/safety/assets/documents/model-traffic-code-
for-colorado.pdf
Sec. 15-1-8 has been modified some 39 times since it was passed originally. It has
swelled to be long, difficult to navigate and often confusing even to those who use it
regularly. The revisions have come to a point where it is more effective, precise, and
clear to repeal the current version of Chapter 1 of Title XV of the PMC and replace it with
a new version, than to continue with additions and deletions.
While the majority of Chapter 1, Title XV language would remain the same or similar,
there are a few bigger changes (after discussions with Traffic Division of the Police
Municipal Court, and Transit):
authorities that they exercise such as determining which medians are dangerous
for pedestrians;
Overhaling the procedure for parade permits to align with current case law and
practices at the Police Department;
Updating fees and surcharges;
Adding a penalty for parking in a bus stop;
Reorganizing and streamlining the structure of the chapter i.e. some ordinances
were consolidated and some were separated for clarity;
Changing subsection designation (letters/numbers) to be consistent with the
remainder of the P.M.C.;
Fixing some of the antiquated language such as depositing coin in parking meters
which are now credit cards.
FINANCIAL IMPLICATIONS:
Adopting the code has no cost to City. The new rules will have some effect on the fines
collected by the municipal court. The modification of the surcharges are calculated with
the intent of covering the costs of those programs and cover costs associated with
booting vehicles for unpaid parking tickets.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
City staff dealing with traffic offenses have had the opportunity to comment on the
proposed changes, those comments have been taken into account in the proposed
ordinance. Public Works, Parking Enforcement, Code Enforcement, Municipal Court,
Finance and Police Departments were all consulted.
ALTERNATIVES:
If this Ordinance is not approved, City will continue to operate under the older version of
the Model Traffic Code. Some changes may be necessary to comply with State Laws
and Regulations.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Model Traffic Code Ordinance
ORDINANCE NO. 11086
AN ORDINANCE REPEALING CHAPTER 1 OF TITLE 15 OF THE
PUEBLO MUNICIPAL CODE AND ADOPTING A NEW CHAPTER
1 OF TITLE 15 WITH THE COLORADO MODEL TRAFFIC CODE
AS REVISED IN 2024 REVISION 1.0
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Title XV of the Pueblo Municipal Code is hereby amended by the repeal of the current
Chapter 1 and the enactment of the following new Chapter 1:
CHAPTER 1 Model Traffic Code
Sec. 15-1-1. Adoption of Model Traffic Code.
(a) There is hereby adopted by reference for the purpose of regulating vehicular and
pedestrian traffic within the City, including permits, procedures and penalties, that certain code
known as the Model Traffic Code for Colorado Municipalities, officially approved, adopted and
published as the Revised November 2024 Revision 1.0 Edition by the Colorado Department of
Transportation, (hereinafter referred to in this Chapter as the "Model Traffic Code"), of which one
copy is 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
ordinance of the City; and provided, however, that the Foreword thereto, Sections 511 and 602
and Appendixes A through H, inclusive, are not adopted and are expressly deleted.
(b) Application of Model Traffic Code. The provisions of the Model Traffic Code and
this Chapter shall apply to every street, alley, sidewalk area, driveway, park and every other public
way or public parking area, either within or outside the corporate limits of the City, the use of which
the City has jurisdiction to regulate. The provisions of Sections 1401, 1402, 1206 and 1211 of the
adopted Model Traffic Code concerning careless driving, reckless driving, unattended motor
vehicle and improper backing shall apply not only to public places and ways but also throughout
the City.
(c) Pueblo Memorial Airport:
(1) This Chapter and the Model Traffic Code herein adopted are expressly
declared to be applicable to and in full force and effect in and upon that area in the
County of Pueblo and State of Colorado in Sections 17, 18, 19, 20, 29 and 30, Township
20 South, Range 63 West, and Sections 13, 24, 25 and 26, Township 20 South, Range
64 West of the 6th Principal Meridian, commonly known as Pueblo Memorial Airport, and
shall constitute the rules and regulations covering all means of transportation within such
airport other than air transportation.
(2) 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.
(d) Pueblo Mountain Park:
(1) This Chapter and the Model Traffic Code herein adopted are expressly
declared to be applicable to and in full force and effect in and upon that area in the
County of Pueblo and State of Colorado in Section 16 and 21, Township 23 South,
Range 68 West of the 6th Principal Meridian, commonly known as Pueblo Mountain
Park, and shall constitute the rules and regulations covering all means of transportation
within such park.
(2) It shall be the duty of the Chief of Police, with such aid as may be rendered
by other members of the Police Department and such other members of the Department
of Parks as he or she shall specially commission by and with the advice and written
consent of the Director of the Department of Parks, to enforce the provisions of the
Model Traffic Code, the traffic ordinances of the City and the state vehicle laws
applicable to traffic in and upon Pueblo Mountain Park, to make arrests for traffic
violations thereon, to assist in the prosecution of persons charged with such violations,
to investigate accidents, to cooperate with the Traffic Engineer and officials of Pueblo
Mountain Park in the administration of the traffic regulations thereon and in developing
ways and means to improve traffic conditions, and to carry out those duties specially
imposed by the Model Traffic Code and the traffic ordinances of the City insofar as the
same shall relate to Pueblo Mountain Park.
Sec. 15-1-2. 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:
(a) 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.
(b) Notwithstanding any other provision in this Chapter and the Model Traffic Code,
every offense under the Model Traffic Code, as adopted by the City of Pueblo, shall constitute a
civil traffic infraction punishable by a civil penalty only, not to exceed one thousand dollars
($1,000.00), except for the following offenses, which shall constitute municipal offenses subject
to a civil penalty of not more than one thousand dollars ($1,000.00), or imprisonment not to exceed
three hundred sixty-four (364) days, or both:
1. Section 1401, Model Traffic Code, Reckless driving;
2. Section 1413, Model Traffic Code, Eluding or attempting to elude a police officer;
3. Section 1105, Model Traffic Code, Speed contests;
4. Driving twenty-four (24) or more miles per hour in excess of the reasonable and
prudent speed or twenty-four (24) or more miles per hour in excess of the maximum
lawful speed limit of seventy-five (75) miles per hour; and
5. Any offense that is a counterpart of a state offense that has not been decriminalized
under state law.
(c) No person shall be arrested for any civil traffic infraction. The Municipal Court shall
not imprison any person for any civil traffic infraction and shall not issue any warrant for the arrest
of any person accused of or found liable for a civil traffic infraction, except that the Court may
issue arrest warrants for and imprison any such person for contempt of court whichh may include
failure to appear. The Court shall have the authority to order persons found liable for civil traffic
infractions to pay civil penalties, costs and surcharges for such infractions. No person accused of
a civil traffic infraction shall be granted a jury trial. The Municipal Court shall apply the Colorado
Rules for Traffic Infractions in every case involving a civil traffic infraction. The Municipal Court
Judge shall act as the referee in all such cases. The Municipal Court shall communicate all
outstanding judgments in civil traffic infraction cases, including all defaults, judgments, civil
penalties, costs and surcharges, and failure to pay the same, to the Colorado Department of
Revenue, Division of Motor Vehicles. The Municipal Court may also send unpaid defaults,
judgments, civil penalties, costs and surcharges to a collection agency.
(d) Every person found liable for a civil traffic infraction under Sections 1412 or 221 of
the Model Traffic Code shall be punished by a civil penalty of not more than one hundred dollars
($100.00), 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.
(e) Notwithstanding Title 1701 or any provision of the Colorado Model Traffic Code
the Municipal Judge is empowered to set designated civil penalties. The presiding Municipal
Judge shall at least annually review the schedule of designated civil penalties of this traffic code
and adopt on or before January 15 of each year a schedule of designated civil penalties for the
Municipal Court, provided that failure to so annually adopt such a schedule of designated civil
penalties shall not invalidate any such schedule previously adopted.
(f) In addition to the penalties provided herein, any person convicted of a municipal
traffic violation or found liable for a civil traffic infraction for which points may be assessed by the
Colorado Department of Revenue, other than violations of the provisions of Section 1412 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 twenty dollars ($20.00); provided, however, that any person found
liable for a parking violation shall, in addition to the penalties provided herein, be assessed a fee,
to be known as the school crossing guard surcharge, in the amount of eight dollars ($8.00). The
school crossing guard surcharge shall be imposed at the time the defendant is found liable and
may not be suspended or waived by the Court. For purposes of this Subsection, conviction shall
include guilty pleas, no contest pleas, findings of guilt and deferred sentences entered on any
such traffic violation or parking violation. The school crossing guard surcharge shall be collected
by the Municipal Court and paid into the City's general fund.
Sec. 15-1-3. Parking on private property; burden of proof.
(a) It shall be unlawful for any person to park, leave or cause to be parked or leave
any automobile or other motor vehicle on the premises of another after having been warned not
to do so by word of mouth, sign or otherwise.
(b) On those areas of private property available for public use where designated
parking areas or individual spaces have been clearly identified, it shall be unlawful and a class 2
municipal offense for any person to park any automobile or other motor vehicle other than
completely within the area or individual space designated for parking. It shall be an affirmative
defense to any such violation that the automobile or other motor vehicle was parked, contrary to
the requirements of this Subsection, with the consent of the owner or person in lawful possession
of the private property.
(c) The presence of an unattended automobile or other motor vehicle on the premises
of one who is not the owner or in control of such vehicle shall create a prima facie presumption
that the registered owner of such vehicle did then and there park, leave or cause to be parked or
left the vehicle on such premises, and the burden of proof shall be upon the registered owner to
show otherwise.
(d) This Section shall not apply to employees of the City in the discharge of their official
duties.
Sec. 15-1-4. Amendments.
For the purposes of this section of the P.M.C., the subsection, parens, labeling, and overall
organization is based upon that of the Model Traffic Code, and not that of the P.M.C. Bold
numbers and title at the beginning of each subsection refer to those of the Model Traffic Code
and shall be sufficient citation on a summons or complaint.
The following parts, sections or subsections of the Model Traffic Code are hereby repealed, or
amended to read as follows:
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 than existing.
(2) Except when a special hazard exists that requires a lower speed, the following speeds
shall be lawful:
(a) Twenty miles per hour in all parks;
(b) Twenty-five miles per hour in any business district, as defined in section 42-1-
102(11), C.R.S.;
(c) Thirty miles per hour in any residence district, as defined in section 42-1-102(80),
C.R.S.;
(d) Fifteen miles per hour in all alleys;
(e) Forty-five miles per hour for all vehicles in the business of transporting trash, where
higher speeds are posted, when said vehicle is loaded as an exempted vehicle
pursuant to section 507(3);
(f) Fifty-five miles per hour on other open highways which are not on the interstate
system, as defined in section 43-2-101(2), C.R.S. and are not surfaced four-lane
freeways or expressways;
(g) Sixty-five miles per hour on surfaced, four-lane highways which are on the
interstate system, as defined in section 43-2-101(2), C.R.S.; or are freeways or
expressways;
(h) Twenty miles per hour in all school zones and at school crossings when posted;
(i) Any speed not in excess of a speed limit designated by an official traffic control
device.
(3) No driver of a vehicle shall fail to decrease the speed of such vehicle from an otherwise
lawful speed to a reasonable and prudent speed when a special hazard exists with respect
to pedestrians or other traffic or by reason of weather or highway conditions.
(4) Except as otherwise provided in paragraph (c) of subsection (8) of this section, any
speed in excess of the lawful speeds set forth in subsection (2) of this section shall be
prima facie evidence that such speed was not reasonable or prudent under the conditions
then existing. As used in this subsection (4), 'prima facie evidence' means evidence which
is sufficient proof that the speed was not reasonable or prudent under the conditions then
existing, and which will remain sufficient proof of such fact, unless contradicted and
overcome by evidence bearing upon the question of whether or not the speed was
reasonable and prudent under the conditions then existing.
(5) In every charge of violating subsection (1) of this section, the complaint, summons and
complaint, or penalty assessment notice shall specify the speed at which the defendant is
alleged to have driven and also the alleged reasonable and prudent speed applicable at
the specified time and location of the alleged violation.
(6) The provisions of this section shall not be construed to relieve the party alleging
negligence under this section in any civil action for damages from the burden of proving
that such negligence was the proximate cause of an accident.
(7) Notwithstanding paragraphs (a), (b) and (c) of subsection (2) of this section, this
municipality may by ordinance adopt absolute speed limits as the maximum lawful speed
limits in its jurisdiction, and such speed limits shall not be subject to the provisions of
subsection (4) of this section.
(8)(a) (Deleted by amendment, L. 96, p. 578 §2, effective May 25, 1996.)
(b) Notwithstanding any other provisions of this section, no person shall drive a vehicle
on a highway at a speed in excess of a maximum lawful speed limit of seventy-five
miles per hour.
(c) The speed limit set forth in paragraph (b) of this subsection (8) is the maximum
lawful speed limit and is not subject to the provisions of subsection (4) of this section.
(d) Local authorities within their respective jurisdictions shall not authorize any speed
limit which exceeds seventy-five miles per hour on any highway.
(e) The provisions of this subsection (8) are declared to be matters of both local and
statewide concern requiring uniform compliance throughout the state.
(f) In every charge of a violation of paragraph (b) of this subsection (8), the complaint,
summons and complaint, or penalty assessment notice shall specify the speed at
which the defendant is alleged to have driven and also the maximum lawful speed limit
of seventy-five miles per hour.
(g) Notwithstanding any other provision of this section, no person shall drive a low-
power scooter on a roadway at a speed in excess of forty miles per hour. Local
authorities shall not authorize low-power scooters to exceed forty miles per hour on a
roadway.
(9) The conduct of a driver of a vehicle which would otherwise constitute a violation of this
section is justifiable and not unlawful when:
(a) It is necessary as an emergency measure to avoid an imminent public or private
injury which is about to occur by reason of a situation occasioned or developed through
no conduct of said driver and which is of sufficient gravity that, according to ordinary
standards of intelligence and morality, the desirability and urgency of avoiding the
injury clearly outweigh the desirability of avoiding the consequences sought to be
prevented by this section; or
(b) With respect to authorized emergency vehicles, the applicable conditions for
exemption, as set forth in section 108, exist.
(10) The minimum requirement for commission of a traffic infraction or misdemeanor traffic
offense under this section is the performance by a driver of prohibited conduct, which
includes a voluntary act or the omission to perform an act which said driver is physically
capable of performing.
(11) It shall not be a defense to prosecution for a violation of this section that:
(a) The defendant's conduct was not performed intentionally, knowingly, recklessly or
with criminal negligence; or
(b) The defendant's conduct was performed under a mistaken belief of fact, including,
but not limited to, a mistaken belief of the defendant regarding the speed of the
defendant's vehicle; or
(c) The defendant's vehicle has a greater operating or fuel-conserving efficiency at
speeds greater than the reasonable and prudent speed under the conditions than
existing or at speeds greater than the maximum lawful speed limit.
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 P.M.C. 15-1-10.
(g) Upon any bridge or other elevated structure upon a highway or within a highway
tunnel;
(h) On any railroad tracks;
(i) On any controlled-access highway;
(j) In the area between roadways of a divided highway, including crossovers;
(k) At any other place where official signs prohibit stopping;
(l) In any restricted parking zone other than for the purpose specified on official signs
marking such restricted zone and during the period of time for which the restrictions
are effective, except that the driver of a passenger vehicle may stop momentarily
therein for the purpose of and while actually engaged in the expeditious loading or
unloading of passengers when such standing or stopping does not interfere with the
type of vehicle or use for which the zone is reserved;
(m) Within an alley in such position as to block the driveway entrance to any abutting
property;
(n) Within a bus stop or taxicab stand, if such violation impedes the business of any
City Transit business such as, but not limited to, preventing buses from dropping off
or picking up passengers or stopping on their routes, than the fine shall be no less
than triple that of fines for this subsection.
(2) Except as otherwise provided in subsection (4) of this section, in addition to the
restrictions specified in subsection (1) of this section, no person shall stand or park a
vehicle, except when necessary to avoid conflict with other traffic or in compliance with
the directions of a police officer or an official traffic control device, in any of the following
places:
(a) Within five feet of a public or private driveway;
(b) Within fifteen feet of a fire hydrant;
(c) Within twenty feet of a crosswalk at an intersection;
(d) Within thirty feet upon the approach to any flashing beacon or signal, stop sign,
yield sign, or traffic control signal located at the side of a roadway;
(e) Within twenty feet of the driveway entrance to any fire station or, on the side of a
street opposite the entrance to any fire station, within seventy-five feet of said entrance
when properly signposted;
(f) At any other place where official signs prohibit standing.
(3) In addition to the restrictions specified in subsections (1) and (2) of this section, no
person shall park a vehicle, except when necessary to avoid conflict with other traffic or in
compliance with the directions of a police officer or official traffic control device, in any of
the following places:
(a) Within fifty feet of the nearest rail of a railroad crossing;
(b) At any other place where official signs prohibit parking.
(c) Within an alley except during the necessary and expeditious loading and unloading
of merchandise or freight.
(4)(a) Paragraph (a) of subsection (1) of this section shall not prohibit persons from parking
bicycles or electrical assisted bicycles on sidewalks in accordance with the provisions of
section 1412(11)(a) and (11)(b).
(b) Paragraph (f) of subsection (1) of this section shall not prohibit persons from
parking two or more bicycles or electrical assisted bicycles abreast in accordance with
the provisions of section 1412(11)(d).
(c) Subsections 2(a), 2(c), and 2(d) of this section shall not apply to bicycles or
electrical assisted bicycles parked on sidewalks in accordance with section
1412(11)(a) and (11)(b).
(5) No person shall move a vehicle not lawfully under his control into any such prohibited
area or away from a curb such distance as is unlawful.
(6) This local authority, with respect to highways under its jurisdiction, may place official
traffic control devices prohibiting, limiting, or restricting the stopping, standing, or parking
of vehicles on any highway where it is determined, upon the basis of a traffic investigation
or study, that such stopping, standing, or parking is dangerous to those using the highway
or where the stopping, standing, or parking of vehicles would unduly interfere with the free
movement of traffic thereon. No person shall stop, stand, or park any vehicle in violation
of the restrictions indicated by such devices.
(7) Any person who violates any provision of this section commits a class B traffic
infraction.
(8) A political subdivision may not adopt or enforce an ordinance or regulation that
prohibits the parking of more than one motorcycle within a space served by a single
parking meter.
1205. Parking at curb or edge of roadway.
(1) Except as otherwise provided in this section, every vehicle stopped or parked upon a
two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and
within twelve inches of the right-hand curb or as close as practicable to the right edge of
the right-hand shoulder.
(2) Except as otherwise provided by local ordinance, every vehicle stopped or parked upon
a one-way roadway shall be so stopped or parked parallel to the curb or edge of the
roadway in the direction of authorized traffic movement, with its right-hand wheels within
twelve inches of the right-hand curb or as close as practicable to the right edge of the
right-hand shoulder or with its left-hand wheels within twelve inches of the left-hand curb
or as close as practicable to the left edge of the left-hand shoulder.
(3) On those streets which have been signed or marked by the traffic engineer, or other
person so authorized, for angle parking, no person shall stop or park a vehicle other than
at the angle to the curb or edge of the roadway indicated by such signs or markings. Such
parking shall be with the front end of the vehicle nearest to and facing the curb or, in the
event there is no curb, the enclosed end of the parking space, unless otherwise expressly
permitted by posted signs.
(4) On those streets which have been marked by the traffic engineer, or other person so
authorized, designating separate and distinct parking spaces indicated by appropriate
markings upon the curb and/or the pavement of the street, no person shall park a vehicle
in any such designated parking space so that any part of the vehicle occupies more than
one space or protrudes beyond the markings designating said space.
(5) No person shall park a vehicle upon a roadway with the right-hand wheels parallel to
the right-hand curb or right edge of the right-hand shoulder in such a manner as to leave
available less than two feet of clearance between any other vehicle in front of or behind
such vehicle when parked.
1207. Opening and closing vehicle doors.
(1) No person shall open the door of a motor vehicle on the side available to moving traffic
unless and until it is reasonably safe to do so and can be done without interfering with the
movement of other traffic; nor shall any person leave a door open on the side of a vehicle
available to moving traffic for a period of time longer than reasonably necessary to load or
unload passengers.
(2) No person shall open the door of a motor vehicle that is located on private property
used by the general public for parking purposes unless and until such action can be done
safely and without interfering with movement or passage of another vehicle.
1407. Spilling loads on highways prohibited prevention of spilling of aggregate, trash, or
recyclables.
(1) No vehicle shall be driven or moved on any street or highway in the City unless such
vehicle is so constructed or loaded or the load thereon securely covered to prevent any of
the vehicle's load from blowing, dropping, spilling, sifting, leaking or otherwise escaping
therefrom, except that sand may be dropped for the purpose of securing traction, or water
or other substance may be sprinkled on a roadway in cleaning or maintaining such
roadway.
(2.4) (a) A vehicle shall not be driven or oved on a highway if the vehicl is transporting
trash or recyclables unless at least one of the following conditions is met:
(I) The load is ocvered by a tarp or other cover in a manner that prevents the load
from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle;
(II) The vehicle utilized other technology that prevents the load from blowing,
(III) The load is required to be secured under and complies with 49 CFR parts 329
and 393; or
(IV) The vehicle is loaded in such a manner or the load itself has physcial
characteristics such that the contents will not escape from the vehicle. Such a load
may include, but is not limited to, heavy scrap metal or hydraulically compressed
scrap recyclables.
(b) Paragraph (a) of this subsection (2.4) shall not apply to a motor vehicle in the
process of collecting trash or recyclables within a one-
last collection point.
(2.5) (a) No vehicle shall be driven or moved on any highway for a distance of more than
one (1) mile if the vehicle is transporting aggregate material with a diameter of one inch
or less unless:
(I) The load is covered by a tarp or other cover in a manner that prevents the
aggregate material from blowing, dropping, sifting, leaking, or otherwise escaping
from the vehicle; or
(II) The vehicle utilizes other technology that prevents the aggregate material from
blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle.
(b) Nothing in this subsection (2.5) shall apply to a vehicle:
(I) Operating entirely within a marked construction zone;
(II) Involved in maintenance of public roads during snow or ice removal operations;
or
(III) Involved in emergency operations when requested by a law enforcement agency
or an emergency response authority designated in or pursuant to section 29-22-102.
(2.7) For the purposes of this section:
(a)
asphalt, including asphalt patching material, wet concrete, or other materials not
susceptible to blowing.
(b)
remanufactured, reclaimed, or recycled.
(c)
discarded or transported.
(3)(a) Except as otherwise provided in paragraph (b) or (c) of this subsection (3), any
person who violates any provision of this section commits a class B traffic infraction.
(b) Any person who violates any provision of this section while driving or moving a car
or pickup truck without causing bodily injury to another person commits a class A traffic
infraction.
(c) Any person who violates any provision of this section while driving or moving a car
or pickup truck and thereby proximately causes bodily injury to another person
commits a class 2 misdemeanor traffic offense.
(4) 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.
(5) Whenever any load or litter is spilled, leaked, dropped, deposited, thrown or dumped
from any vehicle in violation of subsection (1), (2) or (3) above, the operator of said vehicle
is presumed to have caused or permitted the load or litter to be so spilled, leaked, dropped,
deposited, thrown or dumped therefrom.
(6) Every person convicted of a violation of subsections (1), (2) or (3) of this section 1407
shall be punished by a minimum fine of not less than two hundred dollars ($200.00).
(7) Every person convicted of a violation of this section 1408 is required to pay any cost
of cleanup, abatement, disposal, and the like including catagorizing and disposing of
materials as required by law and plus twenty-five percent (25%) for incidental costs such
as time, equipment (including equipement that is not available for other City funcitons) and
administrative costs.
1409. Compulsory Insurance.
(1) No owner of a motor vehicle or low-powered scooter required to be registered in the
State of Colorado shall operate the vehicle or permit it to be operated on the highways
within the City when the owner has failed to have a complying policy or certificate of self-
insurance in full force and effect as required by law.
(2) No person shall operate a motor vehicle or low-powered scooter on the highways within
the City without a complying policy or certificate of self-insurance in full force and effect
as required by law.
(3)(a) When an accident occurs, or when requested to do so following any lawful traffic
contact or during any traffic investigation by a peace officer, no owner or operator of a
motor vehicle or low-powered scooter shall fail to present to the requesting officer
immediate evidence of a complying policy or certificate of self-insurance in full force and
effect as required by law.
(b) As used in this section, "evidence of a complying policy or certificate of self-
insurance in full force and effect" includes the presentation of such a policy or
certificate upon a cell phone or other electronic device.
(4) Penalties:
(a) Any person who violates the provisions of Subsection (a), (b) or (c) of this Section
commits a Class 2 municipal offense. The Municipal Court shall impose a fine of not
less than three hundred dollars ($300.00) and the Municipal Court. The court may
suspend up to one half of the fine upon a showing that appropriate insurance as
required pursuant to Section 10-4-619 or 10-4-624, C.R.S., has been obtained.
Nothing herein shall be construed to prevent the court from imposing a jail sentence
or fine greater than the minimum mandatory fine.
(b) Upon a second or subsequent conviction under this Section within a period of five
(5) years following a prior conviction under this section or under Section 42-4-1701
(3)(a)(II)(A), C.R.S., the defendant shall be punished by a minimum mandatory fine of
not less than six hundred dollars ($600.00), and the Municipal Court shall not suspend
such minimum fine. Nothing herein shall be construed to prevent the court from
imposing a jail sentence or a fine greater than the minimum mandatory fine. The court
or
convicted of the provisions of subsection (1), (2), or (3) of this section, and the
provisions of section 16-11-101.6, shall apply. The court may suspend up to one half
of the fine upon a showing that appropriate insurance as required pursuant to Section
10-4-619 or 10-4-624, C.R.S., has been obtained.
(5) Testimony of the failure of any owner or operator of a motor vehicle or low-powered
scooter to present immediate evidence of a complying policy or certificate of self-insurance
in full force and effect as required by law, when requested to do so by a peace officer,
shall constitute prima facie evidence, at a trial concerning a violation charged under
subsection (1) or (2) of this section, that such owner or operator of a motor vehicle violated
subsection (1) or (2) of this section.
(6) A person charged with violating subsection (1), (2), or (3) of this section shall not be
convicted if the person produces in court a bona fide complying policy or certificate of self-
insurance that was in full force and effect as required by law at the time of the alleged
a valid policy in effect at the time of the alleged violation using the uninsured motorist
identification database created in section 42-7-602.
(8.5) If an operator of a motor vehicle or low-power scooter uses a cell phone or other
electronic device to present evidence of a complying policy or certificate of self-insurance
in full force and effect, as described in paragraph (b) of subsection (3) of this section:
(a) The law enforcement officer to whom the operator presents the device shall not
explore the contents of the cell phone or other electronic device other than to examine
the operator's policy or certificate of self-insurance; and
(b) The law enforcement officer to whom the operator presents the device and any law
enforcement agency that employs the officer are immune from any civil damages
resulting from the officer dropping or otherwise unintentionally damaging the cell
phone or other electronic device.
1417. Skateboard use, on sidewalks.
(1) No person shall ride or use a skateboard, or similar device, on a sidewalk, or in a
sidewalk area, within a business district anywhere in this municipality.
(2) When signs are erected giving notice thereof, no person shall ride or use a skateboard
or similar device upon a sidewalk.
(3) Whenever any person is riding or using a skateboard or similar device upon a sidewalk,
such person shall yield the right-of-way to any pedestrian.
1418. Obstruction of the public way.
(1) A person commits the offense of obstruction of a public way if without legal privilege
he intentionally, knowingly or recklessly obstructs a street, highway, sidewalk or sidewalk
area.
(2) For the purpose of this subsection, 'obstruct' means to render impassable or to render
passage or use unreasonably inconvenient or hazardous. Any object of sufficient size to
pose any degree of danger whatsoever to the travelling public which occupies a street,
highway, sidewalk or sidewalk area between the hours of sunset and sunrise is deemed
to be hazardous if the object or any barricade surrounding the object does not have
adequate illumination or adequate retroreflective material so as to make the object or
barricade visible from all directions at night.
1707. Summons and complaint or penalty assessment notice for traffic offenses - release
- registration.
(1) Whenever a person commits a violation of this Code other than a violation for which a
penalty assessment notice may be issued in accordance with the provisions of section
1701 and the Coloraod Municpal Court Rules of Procedure, and such person is not
required by the provisions of section 1705(5)(a), and such person is not required by the
provisions of section 42.4.1705, to be arrested and taken without unnecessary delay
before a municipal judge, the peace officer may issue and serve upon the defendant a
summons and complaint which shall contain the name and address of the defendant, the
license number of the vehicle involved, if any, the number of the defendant's driver's
license, if any, a citation of the code alleged to have been violated, a brief description of
the offense, the date and approximate location thereof, and the date the summons and
complaint is served on the defendant; shall direct the defendant to appear in a specified
court at a specified time and place; shall be signed by the peace officer, either handwritten
or by way of printed, stamped or typed last name and badge number of the peace officer;
and shall contain a place for the defendant to execute a written promise to appear at the
time and place specified in the summons portion of the summons and complaint.
(2) If a peace officer issues and serves a summons and complaint to appear in any court
upon the defendant as described in subsection (1) of this section, any defect in form in
such summons and complaint regarding the name and address of the defendant, the
license number of the vehicle involved, if any, the number of the defendant's driver's
license, if any, the date and approximate location thereof, and the date the summons and
complaint is served on the defendant may be cured by amendment at any time prior to
trial or any time before verdict or findings upon an oral motion by the prosecuting attorney
after notice to the defendant and an opportunity for a hearing. No such amendment shall
be permitted if substantial rights of the defendant are prejudiced. No summons and
complaint shall be considered defective so as to be cause for dismissal solely because of
a defect in form in such summons and complaint as described in this subsection (2).
(3)(a) Whenever a penalty assessment notice for a misdemeanor, petty offense, or
misdemeanor traffic offense is issued pursuant to section 42-4-1701(5)(a), the penalty
assessment notice that the peace officer serves upon the defendant must contain the
name and address of the defendant, the license number of the vehicle involved, if any, the
number of the defendant's driver's license, if any, a citation of the statute alleged to have
been violated, a brief description of the offense, the date and approximate location of the
offense, the amount of the penalty prescribed for the offense, the amount of the
surcharges pursuant to sections 24-4.1-119(1)(f), 24-4.2-104(1), and 24-33.5-415.6, the
number of points, if any, prescribed for the offense pursuant to section 42-2127, and the
date the penalty assessment notice is served on the defendant; must direct the defendant
to appear in a specified municipal court at a specified time and place in the event the
penalty and surcharges are not paid; must be signed by the peace officer; and must
contain other information as may be required by law to constitute the penalty assessment
notice to be a summons and complaint if the prescribed penalty and surcharges are not
paid within the time allowed in section 42-4-1701.
(a.5) A penalty assessment notice issued and served pursuant to paragraph (a) of this
subsection (3) on a minor under the age of eighteen years shall also contain or be
accompanied by a document containing:
(I) A preprinted declaration stating that the minor's parent or legal guardian has
reviewed the contents of the penalty assessment notice with the minor;
(II) Preprinted signature lines following the declaration on which the reviewing
person described in subparagraph (I) of this paragraph (a.5) shall affix his or her
signature and for a notary public to duly acknowledge the reviewing person's
signature; and
(III) An advisement to the minor that:
(A) The minor shall, within seventy-two hours after service of the penalty
assessment notice, inform his or her parent or legal guardian that the minor has
received a penalty assessment notice;
(B) The parent or legal guardian of the minor is required by law to review and sign
the penalty assessment notice and to have his or her signature duly acknowledged
by a notary public; and
(C) Noncompliance with the requirement set forth in sub-subparagraph (B) of this
subparagraph (III) shall result in the minor and the parent or legal guardian of the
minor being required to appear in court pursuant to sections 42-4-1710(1) (b), 42-
4-1710(1.5), and 42-4-1716(4).
(b) One copy of said penalty assessment notice shall be served upon the defendant
by the peace officer and one copy sent to the supervisor within the department and
such other copies sent as may be required by rule of the department to govern the
internal administration of this article between the department and the Colorado state
patrol.
(4)(a) The time specified in the summons portion of said summons and complaint must be
at least twenty days after the date such summons and complaint is served, unless the
defendant shall demand an earlier court appearance date.
(b) The time specified in the summons portion of said penalty assessment notice shall
be at least thirty days but not more than ninety days after the date such penalty
assessment notice is served, unless the defendant shall demand an earlier court
appearance date.
(5) The place specified in the summons portion of said summons and complaint or of the
penalty assessment notice shall be the Pueblo Municipal Court.
(6) If the defendant is otherwise eligible to be issued a summons and complaint or a
penalty assessment notice for a violation of this title 42 punishable as a misdemeanor,
petty offense, or misdemeanor traffic offense and if the defendant does not possess a
valid Colorado driver's license, the defendant, in order to secure release, must receive
information on the penalty assessment notice or summons and complaint that directs the
defendant to appear at a specified municipal court at a specified time and place in the
event the penalty and surcharges are not paid, and other information that may be required
by law to constitute the penalty assessment to be a summons and complaint if the
prescribed penalty and surcharges are not paid within the time allowed in section 42-4-
1701. If the defendant does possess a valid Colorado driver's license, the defendant must
not be required to execute a promise to appear on the penalty assessment notice or on
the summons and complaint. The peace officer shall not require any person who is eligible
to be issued a summons and complaint or a penalty assessment notice for a violation of
this title 42 to produce or divulge such person's social security number.
(7) Any officer violating any of the provisions of this section is guilty of misconduct in office
and shall be subject to removal from office.
Sec. 15-1-5. Drag racing; speed or acceleration exhibit.
(a) It shall be unlawful for any person to use any street for a drag or acceleration
contest under circumstances where said contest presents a hazard to persons or property, or
under circumstances where no hazard to the drivers or other condition requires such speed or
acceleration. For purposes of this Section, such contest shall mean any circumstances where two
(2) or more drivers shall, while approximately side by side, rapidly accelerate from a stopped or
moving position with intent to race.
(b) It shall be unlawful for any person to use any street for a speed or acceleration
exhibit to himself, herself or another under circumstances where such exhibit presents a hazard
to persons or property, or under circumstances where no hazard to the driver or other condition
requires such speed or acceleration. For purposes of this Section, such exhibit shall mean where
any driver rapidly accelerates from a stopped or moving position with intent to exhibit to himself,
herself or another the speed or acceleration of a vehicle.
(c) In any prosecution for a violation of Subsections (a) or (b) above, the intent to
engage in a speed or acceleration contest or to exhibit the speed or acceleration of a vehicle may
be shown from the surrounding circumstances, which circumstances may include but shall not be
limited to spinning of tires, excessive acceleration of the motor of a vehicle, squealing of tires,
pavement markings left by sudden changes in the speed of tires, or rapid and abrupt changes in
the speed of a vehicle, or from the admissions of the driver or drivers, or from both such
circumstances and admissions.
(d) The subsections set forth above shall not apply to authorized and licensed
racecourses, or other areas specifically set aside and supervised by the Police Department for
racing or exhibits.
Sec. 15-1-6. 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, including but not limited to electric and gas
vehicles, except that such term shall not include motorized wheelchairs or mobility assisting
devices 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.
(d) It is lawful for electrical assisted bicycles, electrical assisted scooters, segways, or
other human powered vehicles to be driven or operated in any City-owned park or recreation area
or upon any area designated or posted as part of the river trail or bike path system in accordance
with City Code Section 10-1-13(a)(3).
(e) It is unlawful for persons operating electrical assisted bicycles, electrical assisted
scooters, segways, or other human powered vehicles to exceed twenty (20) miles per hour or any
posted speed limits in any City-owned Park or recreation area or upon any area designated or
posted as part of the river trail or bike path system.
(f) It shall be unlawful for any Class 3 electrical assisted bicycle, as defined by the
November 2024 Revision 1.0 Model Traffic Code incorporated by City Code Section 15-1-1, 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. For the avoidance of doubt, a "Class 3 electrical assisted
bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only
when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a
speed of twenty-eight (28) miles per hour.
Sec. 15-1-7. Usage of medians.
(a) It shall be unlawful for any person to access, use, occupy, congregate, or assemble
on or about any median that has been posted with a sign pursuant to this section prohibiting such
access, use, or occupancy.
(b) Determination and Signage:
(1) The Traffic Engineer may prohibit pedestrian access to or use or
occupancy of any median that is not designed or suitable for pedestrian use, by erecting
and posting a sign on such median prohibiting such access, use, or occupancy.
(2) Signage must be reasonably posted to provide notice, but is not required
to, be visible from every position on the median.
(c) Definitions. For purposes of this section:
(1) "Median that is not designed or suitable for pedestrian use" shall mean any
median that is located on any higher speed and higher volume roadway within the City,
and that does not possess a flat area of at least four (4) feet in width the length of the
median from one median-endpoint to the opposite-median endpoint. The width is
measured from face-of-curb to face-of-curb if a raised median, or edge-of-asphalt to edge-
of-asphalt if a depressed median.
(2) "Flat" shall mean having a cross slope of eight (8) percent or less,
consistently from one median-endpoint to the opposite median-endpoint. Such surfaces
must be uniform, and will not include surfaces composed of loose river stones,
cobblestones, or other substances that make tripping or injury more likely.
(3) "Higher speed roadway" shall mean a roadway with a speed limit of thirty-
five (35) miles per hour or greater.
(4) "Higher volume roadway" shall mean a roadway classified as a Freeway,
Expressway, Principal Arterial, or Minor Arterial on the Pueblo Roadway Development
Plan.
(5) "Median" shall mean the area between two (2) roadways of a divided street
or highway, measured from the edge of the traveled way to the edge of the traveled way,
including areas between traffic lanes for control of vehicular movements. Such an area
may be physically defined by curbing, landscaping, or other physical obstacle to vehicle
use of the area, or by traffic control markings (also known as a painted median).
(d) Affirmative Defenses. It is an affirmative defense to a violation of this section if a
person:
(1) Is waiting to cross the roadway at the next pedestrian signal, or in the
absence of a pedestrian signal, when traffic has cleared or yielded.
(2) Obtained a permit or license from the City to access the median, including
a special use permit for use of the street.
(3) Was authorized by the City or State to access the median for maintenance,
repair, or building purposes.
(4) Was a local, state or federal officer engaged in the performance of their
official duties.
(e) A violation of this Section is strict liability in nature. No culpability or mens rea of
any type or degree shall be required for a violation of this Section.
(f) It shall be unlawful and a Class 2 municipal offense for any person to access, use,
occupy, congregate, or assemble on or about any median that has been posted with a sign
pursuant to this Section. However, a first offense under this Section will only be liable for a
maximum fine of fifty dollars ($50.00). Subsequent fines and penalties for violations under this
Section will be at the discretion of the Court.
Sec. 15-1-8. School crossing guard program.
The Mayor shall annually recommend to the City Council, as part of the City budget process, any
fees that may be assessed under Section 15-1-2(f), and the appropriation of such fees to fund
any pedestrian safety program for school crossing guards.
Sec. 15-1-9. Parking of heavy and unlicensed vehicles.
(a) No person shall park any vehicle carrying or designed to carry a load of one ton or
more or any trailer or semitrailer whatsoever on any street in a residential district for a period of
time longer than thirty minutes between the hours of 8:00 p.m. and 7:00 a.m.
(b) 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.
(c) An unlicensed vehicle left on public property, including any portion of a street or
highway right-of-way, for a period longer than seventy-two hours, shall be removed and sold in
accordance with the procedures set forth in Sections 1801 and 1802 of this Code.
(d) '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.
Sec. 15-1-10. Owner liability for traffic signal camera violations.
(a) As used in this Section:
(1) Traffic signal camera shall mean a type of automatic vehicle identification
device operated under the general supervision of a police officer, that is placed in a fixed
location at a signalized intersection within the City and which is wired and programmed to
automatically photograph or digitally record the intersection and vehicles entering said
intersection after a steady circular red signal or a steady red arrow signal has been
displayed to such vehicles, and to record and accurately depict the vehicle's location within
the intersection, the vehicle's license plate, the driver of the vehicle, the date and time of
the event depicted and the elapsed time from the display of said signal.
(2) Owner shall have the meaning provided in the Model Traffic Code
November 2024 revision 1.0 Appendices Definitions (66).
(3) Person shall mean natural persons, corporations, partnerships, limited
partnerships and limited liability companies.
(b) The Chief of Police and the Traffic Engineer are authorized and directed to deploy
traffic signal cameras at one (1) or more intersections within the City for the purpose of detecting
noncompliance with traffic control devices at such intersections. Traffic signal cameras shall not
be used until and unless there is posted an appropriate sign in a conspicuous place not less than
a reasonable distance before the area where the traffic signal camera is to be used, notifying the
public that an automated vehicle identification device is in use ahead. The intersections at which
traffic signal cameras are deployed may be changed from time to time among signalized
intersections within the City which have high traffic volume, have above-average accident
experience and have experienced injury-producing accidents.
(c) The owner of a vehicle shall be liable for a civil penalty imposed as provided in this
Section if such vehicle was used or operated with the permission of the owner, express or implied,
in violation of Section 604(1)(c) of the Model Traffic Code, and such violation is evidenced by
information obtained from a traffic signal camera; provided, however, that no owner of a vehicle
shall be liable for a penalty imposed pursuant to this Section where the operator of such vehicle
has been convicted of the underlying violation of Section 604(1)(c) of the Model Traffic Code.
(d) Proof that a particular vehicle, identified by its license plate tag or tags in a
photograph or digitally recorded image produced by a traffic signal camera, is registered to a
person, as shown in records of the Colorado Department of Revenue, Motor Vehicle Division, or
of the County Clerk and Recorder, or of the vehicle registration authority for any other state in
which a vehicle is found to be registered, shall constitute prima facie evidence that said person is
the owner of said vehicle.
(e) Neither payment of the civil penalty assessed pursuant to a civil penalty
assessment notice issued under this Section, imposition of liability under this Section by
appearance and payment before the Pueblo Municipal Court, nor imposition of liability under this
Section determined upon hearing before a Judge or Magistrate of the Municipal Court shall be
deemed a conviction as an operator or driver. A record relating to the same shall not be
transmitted to the Colorado Department of Revenue as any matter bearing upon the driving record
of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in
the provision of motor vehicle insurance coverage or determination of the premium therefor.
(f) The following procedures shall be followed with respect to imposition of civil
penalties under this Section:
(1) A civil penalty assessment notice shall be sent by first class mail to each
person alleged to be liable as an owner for a violation recorded by a traffic signal camera
of Section 604(1)(c) of the Model Traffic Code. The notice shall be addressed to the
registered owner of the vehicle, shall state the name and address of the person alleged to
be liable as an owner pursuant to this Section, the registration number of the vehicle
involved in the violation, the location where the violation occurred, the date and time of
such violation and the identification of the traffic signal camera which recorded the
violation, and shall be signed by a police officer or reserve police officer who has reviewed
the photographic and other information recorded by the traffic signal camera and
examined appropriate vehicle registration records and, based thereon, has reasonable
grounds for believing that said owner is liable for the civil penalty assessment as provided
by this Section. The notice shall state the amount of the penalty assessment and shall
advise the alleged owner that the alleged owner must respond to the notice by either
appearance before the Traffic Violations Bureau on or before a date stated in the notice
to pay the assessment or request an adjudicatory hearing to contest the liability alleged in
the notice, or by mailing payment of the penalty assessment amount to the Traffic
Violations Bureau on or before said date. The notice shall advise the alleged owner of the
provisions of Subsections (c) and (e) of this Section. The notice shall also contain a
warning to advise the person charged that failure to contest in the manner and time
provided shall be deemed an admission of civil liability and that a default judgment may
be entered thereon.
(2) If the person to whom the civil penalty assessment notice has been mailed
fails to pay the civil penalty assessment or respond to the notice by timely seeking a
hearing, the Clerk of the Municipal Court or Traffic Violations Bureau shall send another
notice by certified mail, return receipt requested, to such person, warning him or her that
in the event such notice is disregarded for a period of twenty (20) days from date of
mailing, default judgment will be entered.
(3) If a hearing is timely requested to contest liability under this Section,
adjudication of the liability imposed upon owners by this Section shall be by the Municipal
Judge, or one (1) of the Assistant Municipal Judges, sitting as an administrative hearing
officer for the Traffic Violations Bureau. In hearings to determine liability under this
Section, it shall be the City's burden to prove liability by a preponderance of evidence. The
proceedings shall be conducted informally without strict adherence to the rules of
evidence, provided that testimony and exhibits received and considered shall have
sufficient indicia of authenticity and reliability so as to constitute competent evidence.
(4) If an owner receives a civil penalty assessment notice pursuant to this
Section for any time period during which the vehicle was reported to the Police Department
as having been stolen, it shall be a valid defense to an allegation of liability for a violation
of Section 604(1)(c) of the Model Traffic Code pursuant to this Section that the vehicle
had been reported to the police as stolen prior to the time the violation occurred and had
not been recovered by such time. For purposes of asserting the defense provided by this
Subparagraph (4), it shall be sufficient that a certified copy of the police report on the
stolen vehicle be sent by first class mail to the Traffic Violations Bureau or Municipal Court.
(5) An owner who is a lessor of a vehicle to which a civil penalty assessment
notice was issued pursuant to this Section shall not be found liable, provided that he or
she sends to the Traffic Violations Bureau or Municipal Court a copy of the rental, lease
or other such contract document covering such vehicle on the date of the violation, with
the name and address of the lessee clearly legible, within thirty (30) days after receiving
the first civil penalty assessment notice of the date and time of such violation, together
with the other information contained in the civil penalty assessment notice. Failure to send
such information within such thirty-day time period shall render the owner liable for the
penalty prescribed by this Section. Where the lessor complies with the provisions of this
Subparagraph (5), the lessee of such vehicle on the date of such violation shall be deemed
to be the owner of such vehicle for the purposes of this Section, shall be subject to liability
for the violation of Section 604(1)(c) of the Model Traffic Code pursuant to this Section
and shall be sent a civil penalty assessment notice pursuant to Subparagraph (f)(1) of this
Section.
(6) In the event a person to whom a civil penalty assessment notice has been
sent pursuant to Subparagraph (2) above fails to pay the assessment or otherwise
respond, the Clerk of the Municipal Court shall enter default judgment which identifies the
vehicle involved in the violation and transmit the same to the Police Department.
(g) Nothing in this Section shall be construed to limit the liability of an operator or driver
of a vehicle for any violation of Section 604(1)(c) of the Model Traffic Code.
(h) The civil penalty assessed to owners under this Section shall be an amount of not
less than fifty dollars ($50.00) nor more than seventy-five dollars ($75.00) for each violation. The
presiding Municipal Judge shall adopt and include with the schedule of designated fines adopted
under Section 15-1-2 of this Chapter a designated schedule for civil penalty assessments
imposed under this Section; provided that, until the first such adoption of a designated schedule
for civil penalty assessments imposed under this Section, the scheduled assessment shall be
seventy-five ($75.00) for each violation, and provided further that any failure of the presiding judge
thereafter to annually adopt such a schedule of designated civil penalty assessments shall not in
any way invalidate the civil penalty established herein or in any such schedule previously adopted.
(i) In order to implement this Section, the Purchasing Agent is authorized to solicit
and award an annual contract to a vendor of traffic signal camera systems for equipment,
installation, maintenance, film development and preliminary processing of penalty assessments;
provided, however, that the following requirements shall apply:
(1) No portion of any fine or civil penalty collected through the use of the
system may be paid to any manufacturer or vendor of the automated vehicle identification
system equipment;
(2) The selection of a vendor shall be by competitive proposal process;
(3) No penalty assessment notice prepared by any vendor shall be mailed or
served upon an owner until the notice and information upon which it has been based has
been individually reviewed and approved by a City peace officer who signs his or her name
upon the notice.
Sec. 15-1-11. 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) Notwithstanding any other ordinance it shall be unlawful to park any major
recreational equipment on any street or street right-of-way for more than 24 hours in any seven-
day period. This amount of time shall be cumulative and need not be consecutive and shall apply
to all streets, highways or roadways within the City whether or not the vehicle is moved from one
location to another during that seven-day period.
(c) It shall be unlawful for any person to stand, park or store any major recreational
equipment anywhere within the City in such a manner as to obstruct or interfere with the view of
any intersection or official traffic control device.
(d) 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.
Sec. 15-1-12. 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 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 limitations of this
Code.
(c) The chief of police is hereby authorized to issue a freight-curb loading permit or
special freight loading permit specific to identified vehicles, employed by any person operating a
business, the nature of which requires the use of such zones for loading and unloading, delivering
and picking up of materials or merchandise. A twenty-five-dollar fee shall be charged for each
such permit, which permit shall expire at the end of each calendar year but which may be reissued
for the ensuing year.
(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.
Sec. 15-1-13. Permits for loading zones.
Whenever special permits are issued, as authorized in P.M.C. 15-1-13, to establish or control the
use of loading zones or to allow the backing, parking or standing of a vehicle for the purpose of
loading or unloading merchandise or materials subject to certain conditions, no permittee or other
person shall violate any of the special terms of any such permit.
Sec. 15-1-14. 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 payment therein or without displaying a permit to park without
the deposit of such payment.
(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 Director of Public Works or his or her authorized representative is hereby
authorized to issue a permit to park in a metered parking area without placing a payment 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 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. Such deposit shall be refunded upon return of
the permit to the chief of police within the time stated in the same condition as issued, reasonable
wear and tear excepted. Such deposit shall not be required in the event a paper permit, stamped
with the effective date or dates, shall be issued.
(g) No permit shall be issued for less than one calendar day. The fees for such permit
shall be payable in advance as follows:
(1) For one calendar day or fraction thereof: not to exceed Three dollars per
day.
(2) For one calendar week or fraction thereof: not to exceed Five dollars per
week.
(3) For one calendar month or fraction thereof: not to exceed Ten dollars per
month.
(4) For one calendar year or fraction thereof: not to exceed Forty dollars per
year.
(5) Such fee shall be in lieu of all other parking fee revenues payable by the
holder of such permit for one vehicle owned or operated by the holder of such permit and
parked in a metered or zoned parking area for the purpose for which such permit is issued;
provided, however, that this Code shall at all times be construed as a regulatory measure
and not as a rental or revenue-producing measure for use of the public street. It shall be
unlawful for any person to use such permit upon any date not expressly authorized at the
time of issuance thereof, or in any parking area specifically prohibited in writing at the time
of issuance thereof or prohibited by appropriate signs properly posted, in such parking
area or without having first paid the required fee therefor.
(h) Elected officials of the City and of the County of Pueblo, the Mayor of the City of
Pueblo and the county manager of Pueblo County shall be issued parking permits for use only
while in the performance of their official duties. There shall be no fee for permits issued as
provided by this subsection; however, all other requirements of this section shall apply.
(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 for a period of thirty days after the first
conviction, ninety days after the second conviction, and twelve months after the third and all
subsequent convictions.
Sec. 15-1-15. 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.
Sec. 15-1-16. Parades.
(a) Purpose and Legislative Intent. Free speech is a fundamental right of the
American people, and the provisions of this section shall be broadly interpreted to support this
right. The purpose of this ordinance is to place reasonable and necessary time, place and manner
welfare. The City official or officials responsible for issuance of a permit under this section shall
be authorized to suspend the application of any particular section of this chapter or waive
compliance with any of the stated requirements, including payment of fees or provision of
insurance where such requirements potentially inhibit the exercise of Constitutional Rights.
(b) Definitions. As used in this chapter:
a.
viewing an exhibition, theatrical presentation, dance or other public, political or religious
event, held on any public street, highway, alley, sidewalk or publicly owned parking lot.
b.
Department or his or her designated representative.
c. Mayor of the City of Pueblo or his designated
representative.
d.
vehicles, except funeral processions, upon any public street, highway, sidewalk, alley, or
publicly owned parking lot.
e.
committee or group for harmonious or united action.
f.
bicycles, vehicles, or any combination thereof except funeral processions, upon any public
street, highway, sidewalk, alley or publicly owned parking lot which does not comply with
normal and usual traffic regulations or controls
g.
h.
person who is participating in a parade.
i.
article.
j. officers or other
persons assigned by the Chief of Police engaged to provide control of the flow of both
non-participant and participant pedestrians and vehicles so as to minimize the traffic
congestion and to maintain traffic flow at permitted events.
k.
on foot, bicycles, wheelchairs, beds, or any other nonmotorized vehicles or combinations
thereof upon a public street, highway, sidewalk, alley or publicly owned parking lot.
(c) This subsection shall not apply to:
a. The movement of persons in an orderly, formal manner from a point of
origin to a point of termination on a sidewalk, so long as the movement does not impede
the normal flow of pedestrian or vehicular traffic; or
b. A public assemblage that does not involve the movement of persons in an
orderly, formal manner from a point of origin to a point of termination.
(d) This subsection shall not apply to:
a. The movement of persons in an orderly, formal manner from a point of
origin to a point of termination on a sidewalk, so long as the movement does not impede
the normal flow of pedestrian or vehicular traffic; or
b. A public assemblage that does not involve the movement of persons in an
orderly, formal manner from a point of origin to a point of termination.
(e) No person shall organize any parade without having first obtained a parade permit.
(f) Application for permit.
a. A person seeking issuance of a parade permit shall file an application with
the Chief of Police on forms provided by such officer.
b. The permit application shall be submitted no less than 30 days prior to the
start of the event unless the 30-day time period is reduced or waived by the Mayor or
designee. The application shall be on a form provided by the City and shall include, but
not be limited to, the following:
i. The name, address, and telephone number of the person seeking
to conduct the parade;
ii. Where the parade is to be held for or by an entity, rather than an
individual, the name, address, telephone number of the entity and the name,
address, and telephone number of the head of the entity;
iii. Where the parade is to be held by or for any person other than the
applicant, documentation evidencing authority to make the application;
iv. The name, address, and telephone number of the person who will
be the parade chairman and who will be responsible for its conduct;
v. The date the parade will be conducted;
vi. The location of the assembly area, the starting point of the parade,
the route of the parade, the ending point of the parade, and the location of the
disbanding area;
vii. The approximate number of persons who will participate in the
parade;
viii. The approximate number of parade units that will be included in the
parade and a description of those parade units;
ix. The approximate number of animals and the type of animals that
will be included in the parade;
x. The time when the parade will begin and end;
xi. A statement as to whether the parade will occupy all or only a
portion of the width of the streets proposed to be used;
xii. The time at which units of the parade will arrive at the assembly
area;
xiii. The purpose of the parade;
xiv. Any other information which the Chief of Police finds necessary for
an evaluation of the request under the standards for issuance set forth in the
Pueblo Municipal Code.
xv. The application shall be accompanied by a fee of one hundred fifty
dollars ($150.00). In the event the organizers of an event cannot provide payment
with the application, an organizer may submit an affidavit attesting that he or she
will provide payment within fifteen (15) business days of the date of the submission
of the application. Failure to provide payment will trigger the surety bond
requirement in Subsection 1307 for future parade events by the organizers and the
organizer signing the affidavit shall become personally responsible for payment.
The application fee shall be waived by the Chief of Police upon receipt of a verified
statement from the permit holder that the parade's purpose is First Amendment
expression and that the payment of the application fee is so financially
burdensome that it would constitute an unreasonable restraint on the right of First
Amendment expression.
(g) Standards for issuance
a. The Chief of Police shall uniformly treat each application in a just, fair, and
nondiscriminatory manner bearing in mind that the time, place, duration, and manner of
use of the public street, parks, and other public ways and places for parades shall be
subordinated to the public safety, comfort and convenience, the maintenance of order,
and avoidance of congestion. The Chief of Police shall issue a permit when, from
consideration of the application, he finds that:
i. The conduct of the parade will not substantially interrupt the safe
and orderly movement of other traffic near its route;
ii. The conduct of the parade will not require the diversion of so great
a number of police officers of the City to properly police the line of movement and
the areas near there as to prevent normal police protection of the City;
iii. The conduct of such parade will not require the diversion of so great
a number of ambulances as to prevent normal ambulance service to portions of
the City other than that to be occupied by the proposed line of march and areas
near there;
iv. The concentration of persons, animals and parade units at
assembly and disbanding points of the parade will not unduly interfere with proper
fire and police protection of, or ambulance service to, areas near such assembly
or disbanding areas;
v. The conduct of such parade will not interfere with the movement of
firefighting equipment en route to a fire;
vi. The parade is scheduled to move from its point of origin to its point
of termination without unreasonable delays en route;
vii. The proposed parade, motorcade, run or assembly will not
jeopardize life and/or property;
viii. The applicant has fulfilled the requirements of this subsection; and
ix. The event does not conflict with a previously scheduled event that
is scheduled to:
1. Occur at the same time and place; or
2. Occur at the same time, though at a different location or
along a route that crosses over or conflicts with previously
scheduled events.
(h) The Chief of Police or designee shall approve, approve as amended, or disapprove
all applications not less than fifteen (15) days prior to the proposed event, with any disapprovals
or conditions placed upon a permit being provided to the applicant in writing. Decisions on
approvals or conditions placed upon permits under this section shall be made without regard to
the message, purpose or content of speech presented at the event.
(i) Denial Procedure.
a. A permit may be conditioned, amended or denied upon written findings
that:
i. The time, route and size of the assembly, motorcade, parade or run
will unreasonably and unsafely disrupt the movement of other vehicular or
pedestrian traffic;
ii. The assembly, motorcade, parade or run is of a size or nature that
requires the diversion of so great a number of law enforcement officers of the City
to properly police the line of movement and the areas contiguous thereto that
allowing the assembly, motorcade, parade or run would deny reasonable law
enforcement protection to the City;
iii. Such assembly, motorcade, parade or run will interfere with another
assembly, motorcade, parade or run for which a permit has been issued; or
iv. The assembly, motorcade, parade or run will impact principal
arterial streets or minor arterial streets, as defined in this code, so that the arterial
streets may become congested, so that police response or emergency vehicle
access will be delayed, or so that entrances or exits to interstate highways would
be blocked or congested.
b. Based upon the factors stated in this section, it is within the discretion of
the Chief of Police or designee to require amendments to the time, date, location or route
proposed in the application for an assembly, motorcade, parade or run permit. A permit
under this section shall be denied only upon specific findings of fact that state that no other
reasonable alternative venue, time or location could safely accommodate the permit as
requested.
c. If the Chief of Police does not approve any application for a parade permit,
he or she shall immediately mail, by certified mail/return receipt requested, to the
applicant, a notice of his action, stating the reason for his denial of a permit. The applicant
shall have the right to appeal a denial of a parade permit to the Mayor by filing notice of
appeal with the City Clerk, within seven (7) calendar days after receipt of the notice
provided above. The appeal shall be heard within ten (10) calendar days of the filing of
the appeal by the Mayor or the designee. The decision of the Mayor or his or her designee
is final.
(j) Duties of and costs to be paid by permit holder.
a. Each permit holder shall comply with all requirements of this subsection,
the permit directions and conditions, and with all applicable laws and ordinances.
b. Each permit holder is responsible for the costs of:
i. Providing traffic control devices for the parade route;
ii. Providing traffic control personnel, whether on duty or on overtime,
for the parade route; and
iii. Cleaning up the parade route.
c. In reviewing the application for parade permit, the Chief of Police or his or
her designee shall determine the number of traffic control personnel and traffic control
devices reasonably necessary to control traffic in the area of the requested parade. The
Chief or designee will consider the following factors and identify the effect of each factor
in assessing the estimated traffic control costs:
i. The route and the identification of roadways that cross through or
feed into the street of the proposed route;
ii. The number of anticipated participants and vehicles in the event;
iii. Identification of other roadways, or public transportation and
emergency vehicle routes that may be affected by the event;
iv. Length of the route and the identification of the number of
intersections along the route that will require barricades or traffic control personnel;
v. Whether intersections must be individually barricaded or whether
traffic control personnel can be assigned to move along with the event;
vi. The date and time of the event;
vii. Volume of vehicular and pedestrian traffic typical on and along the
route for the time of day, day of the week and time of year for the proposed route.
d. The cost for each City Police Department officer shall be set in accordance
with the collective bargaining agreement. The cost for traffic control devices will be set in
accordance with the prices set in the City's annual contract for traffic control devices. The
permittee may choose to contract directly with a traffic control provider.
e. Traffic control personnel shall be in a number sufficient to adequately
safeguard the flow of both participant and non-participant traffic in order to minimize
congestion, as determined by the Chief of Police. Any additional costs for Police
Department personnel deemed necessary to provide security due to the nature of the
event will not be assessed to the permit holder.
f. The permit holder shall obtain approval of the traffic control plan described
by the Chief of Police, including a barricade plan and an estimate of the traffic control
costs. The permit holder shall receive from the City an invoice for the required costs within
fifteen (15) calendar days after the parade. The payment for these costs shall be due to
the City within thirty (30) calendar days after the date of the parade. If the applicant
disputes the costs assessed by the Police Department, the applicant may file an appeal
with the office of the Mayor within seven (7) business days of receipt of the invoice. The
appeal must identify the specific costs in dispute. The Mayor or his or her designee will
review the assessed costs based on the criteria required to be used by the Chief of Police
and render a final decision regarding the costs to be paid by the permittee within fifteen
(15) business days of receiving the appeal. No costs shall be owed during the appeal until
the office of the Mayor has rendered its decision.
g. Because of their broad appeal, historic tradition, cultural significance, and
other public benefits provided by the State Fair Parade, Fiesta Day Parade and Kid's Day
Parade, the City shall cover the costs of traffic control personnel and traffic control devices.
Because of its broad appeal, historic tradition, cultural significance, association with a
national holiday or a day given statewide recognition, and other public benefits provided
by the Veterans Day Parade, the City shall cover the costs of traffic control personnel and
traffic control devices.
h. If an applicant owes fees not timely paid in connection with a parade
previously approved and conducted or is the estimated costs to the City under this section
are greater than ten thousand dollars ($10,000.00), the applicant shall, prior to approval
of the application for a parade permit, file a surety bond in the amount of the estimated
costs.
i. Prior to approval of the application for a parade permit, the applicant shall
submit to the Chief of Police a certificate of insurance and endorsement evidencing
commercial general liability coverage, including premises/operations, independent
contractors, personal injury, and contractual liability, at a combined single limit of one
million dollars ($1,000,000.00) per occurrence, with the City being named as the additional
insured by endorsement. The applicant shall provide at least thirty (30) days' advance
notice of cancellation or material alteration of the insurance policy.
j. At least twenty-four (24) hours before the scheduled start of the event, the
permit holder shall make a reasonable effort to notify the businesses and residences
located around the assembly area, along the parade route, and around the disbanding
area of the scheduled parade. A copy of any flyer or handout used in making the
notification shall be provided to the Chief of Police at least twenty-four (24) hours prior to
the beginning of the parade.
(k) Revocation of permit. The Chief of Police shall have the authority to revoke a
parade permit issued pursuant to this subsection when the conditions supporting the findings
a way, prior to the date on which the parade is to be held, that a parade permit would not otherwise
be issued. The Chief of Police shall have the authority to revoke a parade permit if the permit
holder does not comply with Subsection (j) Duties of and costs to be paid by permit holder.
(l) Public conduct during parades.
a. Interference. It shall be unlawful for any person to hamper, obstruct or
impede, or interfere with any parade or parade assembly or with any person, vehicle, or
animal participating or used in a parade.
b. Driving through parades. It shall be unlawful for any driver of a vehicle to
drive between the vehicles or persons comprising a parade when such vehicles or persons
are in motion and are conspicuously designated as a parade unless directed to do so by
a police officer.
c. Parking on parade route. The Chief of Police shall have the authority, when
reasonably necessary, to prohibit or restrict the parking of vehicles along a street or
highway or part thereof constituting a part of the route, forming area, disbanding area, or
buffer zone of a parade. The Chief of Police shall post signs to such effect, and it shall be
unlawful for any person to park or leave unattended any vehicle in violation thereof.
d. Prohibited substances. It shall be unlawful for any person to sell, possess,
or use a pressurized container of any substance commonly known as "liquid string," "silly
string," or "super string," or any quantity of the small explosive devices commonly known
as "snapper," "throw downs," "pop pops," or "popping match sticks," which are paper-
wrapped wads of sand coated with a minute quantity of explosive powder and adhesive,
producing a small report upon impact with hard surfaces, in any public place or private
property.
e. Control of parade; restrictions. Upon initiation of a parade the Chief of
Police or his or her designee shall take over control of the movement of the parade. All
participants shall be required to maintain a forward progress. No participant shall throw or
give away candy, gifts, tokens, advertisements, or any other objects from any participant
or parade unit while the unit is on the parade route. This provision is not intended to
prohibit the distribution of expressive material protected under the First Amendment,
including leaflets, provided the distribution is not from a parade unit that is on the parade
route. Failure to observe these requirements shall constitute a violation of this subsection
and the Chief of Police is empowered to remove parade unit from the parade immediately.
(m) Criminal penalties.
a. It shall be unlawful to fail to obtain a permit required under this subsection
for any parade. Any such violation committed intentionally, knowingly or recklessly is a
Class 2 municipal offense.
b. The intentional, knowing or reckless commission of any act made unlawful
by Subsection (l)Public conduct during parades is a Class 2 municipal offense.
Sec. 15-1-17. 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 the Model
Traffic 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 705 of the Model Traffic 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
lane of traffic in the direction traveled by the procession, such procession may then occupy any
one lane of such traffic and other traffic may then pass such procession consistent with section
1004 of the Model Traffic Code.
(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.
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.
Sec. 15-1-18. Notice on illegally parked vehicle.
Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the
restrictions imposed by the ordinances of this municipality, the officer finding such vehicle shall
take its registration number and may take any other information displayed on the vehicle which
may identify its user, and shall conspicuously affix to such vehicle a penalty assessment notice,
on the form authorized in section 18 of this Title (Forms and notices to appear involving
unattended vehicles) of this Code, directing the driver thereof to respond to and answer the charge
against him at a place and at a time specified in said notice.
Sec. 15-1-19. Forms and notices to appear involving unattended vehicles.
The municipality shall provide multiple copies of serially numbered forms, approved by the
municipal court, for notifying the owners of motor vehicles which are unattended and found to be
parked or stopped in violation of any of the restrictions imposed by this Code or any ordinance of
the City, to respond or appear in answer to the charge of violating said code or ordinance.
Sec. 15-1-20. 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 15-1-17, by appearance and payment at the 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 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 ten (10) days from date of mailing default will be
entered for the full amount of the penalty assessment plus late fees, all unpaid fees may be sent
to collections and the registered owner's vehicle may be immobilized.
(b) No person shall tear, cut, damage, mutilate, destroy or otherwise tamper with a
penalty assessment notice issued pursuant to section 15-1-17 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.
Sec. 15-1-21. Presumption in reference to illegal parking.
In any prosecution charging a violation of any provision of this Code governing the stopping,
standing or parking of a vehicle, proof that the particular vehicle described in the complaint was
parked in violation of any such regulation, together with proof that the defendant named in the
complaint was at the time of such parking the registered owner of such vehicle, shall constitute in
evidence a prima facie presumption that the registered owner of such vehicle was the person who
parked or placed such vehicle at the point where, and for the time during which, such violation
occurred.
Sec. 15-1-22. Authority of police and fire department officials.
To I think Persons specially trained by the Chief of Police or his or her 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 P.M.C. 15-1-17.
Sec. 15-1-23. 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 interfere with
the free movement of vehicular traffic or street or highway maintenance, or the vehicle is an
abandoned vehicle as defined within section 1802 of the Model Traffic Code, such officer shall
require such vehicle to be removed or cause the same to be removed and placed in storage in
the nearest garage or other place of safety designated or maintained by this municipality.
(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 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 from the clerk of
municipal court, that unless arrangements are made for the release of the vehicle within three (3)
business days the vehicle will be removed by the police department, and that removing the device
before a release is obtained is unlawful, and containing such other information as the Chief of
Police shall deem proper. It shall be unlawful for any person to remove such device or to move
such vehicle before the same is released by the clerk of the municipal court; and where such
vehicle has been properly immobilized in said manner, a fee of one hundred and sixty dollars
($160.00) shall be charged by the clerk of the municipal court before releasing such vehicle; and
the parking restriction, if any, otherwise applicable shall not apply while such vehicle is so
immobilized. Any person may secure the release of an immobilized vehicle by either: (a) paying
the amount of unpaid fines and court costs owing for which the vehicle was immobilized together
with the immobilization fee above indicated, or (b) posting an appearance bond in the amount of
one-half of the unpaid fines and court costs owing or two hundred fifty dollars ($250.00),
whichever is greater and agreeing in writing to appear in court on a date certain to answer or
respond to all pending notices, citations and traffic charges against such person or involving the
vehicle.
Sec. 15-1-24. Parking Meter Regulations
(a) Parking meter zones. Whenever parking meter zones have been established on
streets or in parking areas regulated by this municipality, 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.
(b) Parking meters. Parking meters installed in parking meter zones established as
provided in this Code shall be so designed, constructed, installed and set as to meet the following
conditions:
a. Said meters shall be capable of being operated either automatically or
mechanically, upon the deposit therein of United States currency or upon authorization of
a credit card, debit card, or smart card transaction; for the full period of time for which
parking is lawfully permitted in any such parking meter zone or, in lieu thereof, for an
appropriate fractional period of time.
b. Upon the expiration of the time period registered by the deposit of one or
more coins, payment, or authorized tokens as provided herein, said meters will indicate
by an appropriate signal that the lawful parking meter period has expired, and during said
period of time and prior to the expiration thereof, will indicate the interval of time which
remains of such period.
c. Each parking meter shall bear thereon an authorized sign or message
clearly legible indicating the days and hours when the requirement to deposit coins or
tokens therein shall apply, the value of the coins or tokens to be deposited, and the limited
period of time for which parking is lawfully permitted in the parking meter zone in which
such meter is located.
(c) Parking meter spaces.
a. 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.
b. Every vehicle shall be parked wholly within the metered parking space for
which the meter shows parking privilege has been granted.
c. Except where prohibited by other provisions of this Code, a vehicle which
is of a size too large to be parked within a single parking meter space shall be permitted
to occupy two adjoining parking meter spaces when coins, tokens or payment shall have
been deposited in the parking meter for each space so occupied as is required in this
Code for the parking of other vehicles in such space.
(d) Deposit of coins or tokens and time limits.
a. No person shall park a vehicle in any parking space upon a street alongside
of and next to which a parking meter has been installed during the restricted and regulated
time applicable to the parking meter zone in which such meter is located unless a coin or
coins of United States currency or authorized tokens of the appropriate denomination as
provided in this Code shall have been deposited therein, or shall have been previously
deposited therein for an unexpired interval of time, or appropriate payment is made and
said meter has been placed in operation.
b. No person shall deposit or attempt to deposit in any parking meter any slug,
button or any other device or substance as substitutes for coins of United States currency
or authorized tokens, and no person shall deposit any lawful coin or authorized token that
is bent, cut, torn, battered or otherwise misshapen.
c. No person shall permit a vehicle within his control to be parked in any such
parking meter space during the restricted and regulated time applicable to the parking
meter zone in which such meter is located while the parking meter for such space indicates
by signal that the lawful parking time in such space is expired. This provision shall not
apply to the act of parking or the necessary time which is required to deposit immediately
thereafter a coin(s) or token(s) or monies in such meter.
d. No person shall park a vehicle in any such parking meter space for a
consecutive period of time longer than that limited period of time for which parking is
lawfully permitted in the parking meter zone in which such meter is located, regardless of
the number or amount of the coins or tokens deposited in such meter.
e. 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.
f. 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.
(e) Tampering with meter.
a. No person shall deface, injure, tamper with, open or willfully break, destroy
or impair the usefulness of any parking meter.
b. No person, firm or corporation shall place any sack or covering over, upon
or around any parking meter head, remove any parking meter head, or otherwise indicate
or show that the said meter is inoperative or inapplicable without proper authority to do so.
SECTION 2.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures described
herein.
SECTION 3.
This Ordinance shall become effective thirty (30) days following final passage.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on November 24, 2025.
Final adoption of Ordinance by City Council on December 08, 2025.
President of City Council
Action by the Mayor:
Approved on .
Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
Council did not act to override the Mayor's veto.
Ordinance re-adopted on a vote of , on
Council action on _______
President of City Council
ATTEST
City Clerk