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The person in charge of any towing service by which any motor vehicle is towed at the request of any person other than the registered owner or a police officer, shall immediately report to the Police Department the name and address of the person requesting the tow, along with a general description of the motor vehicle being towed including the vehicle identification number (VIN), the make, model, color and year of the motor vehicle, as well as the number, issuing state and expiration date of the license plate. (1968 Code §6-1-17; Ord. 75-86; Ord. 94-138; Ord. 01-42)
Whenever any police officer finds a vehicle standing upon a street, highway or restricted parking area in violation of the provisions prohibiting the standing of the vehicle in the place, the officer is authorized to move the vehicle, require the driver or other person in charge of the vehicle to move the same to a legal standing position, or to have the vehicle removed in accord with the procedures set forth in article 25 of this chapter. (1968 Code §6-1-18; Ord. 75-86; Ord. 01-42)
A. Authorization: The Police Department is hereby authorized to use automated vehicle identification systems within the City to detect violations of subsection 10.5.104F, "Exceeding Posted Speed Limit- AVIS Violations" and subsection 10.17.105C5 "Traffic Control Signal Legend- AVIS Violations," of this chapter.
1. Colorado Revised Statute section 42-4-110.5 "Automated Vehicle Identification Systems" contains uniform standards for the use of AVIS within the state, and this ordinance is to be read in coordination and in compliance therewith.
B. Procedure:
1. Notice Of Violation: If a violation of a City traffic ordinance is detected through the use of an automated vehicle identification system the City shall issue, or cause its vendor to issue, to the registered owner of the motor vehicle involved in the alleged violation, by first-class mail, personal service, or by any mail delivery service offered by an entity other than the United States postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, a Notice of Violation.
a. The Notice Of Violation Must Be Sent:
(1) Within thirty (30) days after the alleged violation occurred if the motor vehicle involved in the alleged violation is registered in the state; or
(2) Within sixty (60) days after the alleged violation occurred if the motor vehicle involved in the alleged violation is registered out of state.
b. The Notice Of Violation Must Contain:
(1) The name and address of the registered owner of the motor vehicle involved in the alleged violation;
(2) The license plate number of the motor vehicle involved in the alleged violation;
(3) The date, time, and location of the alleged violation;
(4) The amount of the civil penalty prescribed for the alleged violation;
(5) The deadline for payment of the prescribed civil penalty and for disputing the alleged violation; and
(6) Information on how the registered owner may either dispute the alleged violation in a hearing or pay the prescribed civil penalty.
2. Civil Penalty Assessment: If the City does not receive the prescribed civil penalty or a written notice requesting a hearing to dispute the alleged violation by the deadline stated on the Notice of Violation, which deadline must not be less than forty-five (45) days after the issuance date on the Notice of Violation, the City shall issue, or cause its vendor to issue, by first-class mail, personal service, or by any mail delivery service offered by an entity other than the United States postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, a Civil Penalty Assessment Notice for the alleged violation to the registered owner of the motor vehicle involved in the alleged violation.
a. The Civil Penalty Assessment must be sent no later than thirty (30) days after the deadline on the Notice of Violation.
b. The Civil Penalty Assessment must contain:
(1) The name and address of the registered owner of the motor vehicle involved in the alleged violation;
(2) The license plate number of the motor vehicle involved in the alleged violation;
(3) The date, time, and location of the alleged violation;
(4) The amount of the civil penalty prescribed for the alleged violation;
(5) The deadline for payment of the prescribed civil penalty; and
(6) Information on how to pay the prescribed civil penalty.
3. Waiver Of Right To Contest: If the registered owner of the motor vehicle fails to request a hearing to dispute the alleged violation by the deadline stated in the Notice of Violation, the registered owner waives any right to contest the violation or the amount of the prescribed civil penalty.
4. Final Order Of Liability: If the registered owner of the motor vehicle fails to pay in full the prescribed civil penalty by the deadline stated in the Civil Penalty Assessment Notice, a Final Order of Liability shall be entered by the Municipal Court against the registered owner of the vehicle.
5. Appeals: Final Orders may be appealed as to matters of law and fact to the county court in the county where the alleged violation occurred or the municipal court. The registered owner of the motor vehicle may assert in an appeal that a Notice of Violation served by first-class mail or other mail delivery service was not actually delivered. The appeal shall be a de novo hearing.
6. Collections: The City shall not initiate or pursue a collection action against a registered owner of a motor vehicle for a debt resulting from an unpaid penalty assessed pursuant to this section unless the registered owner is personally served either the Notice of Violation or the Final Order of Liability.
C. Reporting Of Conviction, Points:
1. The City shall not report to the department of revenue any conviction or entry of judgment against a defendant for violation of a traffic ordinance detected through the use of an automated vehicle identification system as detailed in this section.
2. No points shall be assessed against a license under C.R.S. section 42-2-127 for any violation detected through the use of an automated vehicle identification system as detailed in this section.
D. Signage Required; Warning Required:
1. Signage For Violation Of Exceeding Posted Speed Limit- AVIS Violations: An automated vehicle identification system shall not be used to detect violations of Exceeding Posted Speed Limit pursuant to subsection 10.5.104F unless there is posted an appropriate temporary or permanent sign notifying the public that an AVIS is in use immediately ahead. The sign shall:
a. Be placed in a conspicuous place not fewer than three hundred feet (300') before the area in which the AVIS is to be used; and
b. This requirement is not met by the posting of a permanent sign at the borders of the City, nor the relative area in which an AVIS is used.
2. Signage For Violation Of Traffic Control Signal Legend- AVIS Violations: An automated vehicle identification system shall not be used to detect violations of Traffic Control Signal Legend pursuant to subsection 10.17.105C5 unless the City has conspicuously posted a sign notifying the public that an AVIS is in use immediately ahead. The sign shall:
a. Be placed in a conspicuous location not fewer than two hundred feet (200') nor more than five hundred feet (500') before the AVIS; and
b. Use lettering that is at least four inches (4") high for upper case letters and two and nine-tenths inches high for lower case letters.
3. Warnings Required:
a. If the City implements a new AVIS after July 1, 2023 that is not a replacement of a prior AVIS, the following is required:
(1) The Police Department shall publicly announce the implementation of the system through its website for at least thirty (30) days prior to the use of the system; and
(2) For the first thirty (30) days after the system is installed or deployed, only warnings may be issued for violations detected by the individual system.
E. Permissible Locations For Detecting Violation Of Exceeding Posted Speed Limit- AVIS Violations:
1. The City shall not issue a Notice of Violation for a speeding violation detected by AVIS unless the violation occurred:
a. Within a school zone as defined by C.R.S. section 42-4-615;
b. Within a residential neighborhood;
c. Within a maintenance, construction, or repair zone as defined by C.R.S. section 42-4-614;
d. Along a street that borders a municipal park; or
e. Along a street or portion of a street that has designated by ordinance as an "Automated Vehicle Identification Corridor."
2. For subsection (E), the following definitions apply:
a. A school zone is an area that is designated by sign as a school zone and has appropriate signs posted indicating that the penalties and surcharges will be doubled.
b. A residential neighborhood is defined as any block on which a majority of the improvements along both sides of the street are residential dwellings and the speed limit is thirty-five (35) miles per hour or less.
c. A maintenance, construction or repair zone is an area where maintenance, repair or construction activities are occurring or will occur within four (4) hours, and has been designated by the placing of appropriate signs in conspicuous places before and after the maintenance, repair or construction zone starts and ends, that indicates that increased penalties are in effect.
3. An "Automated Vehicle Identification Corridor" is a street or portion of a street that is designated by ordinance as an area where AVIS can be used outside of other acceptable locations. Such areas are subject to the following requirements and limitations:
a. AVIS corridors may not be located on any highway that is a part of a federal interstate highway system.
b. Prior to the designation and operation of an AVIS corridor, which must be done through the passage of an ordinance, there must be:
(1) Illustration, through data collected within the past five (5) years, of incidents of crashes, speeding, reckless driving, or community complaints on the specific street(s);
(2) Properly posted permanent signage in a conspicuous place not fewer than three hundred feet (300') before the beginning of the corridor and a permanent sign no fewer than three hundred feet (300') before each permanent camera within the corridor thereafter, or a temporary sign not fewer than three hundred feet (300') before any mobile camera; and
(3) Coordination between the local jurisdiction, the Department of Transportation, and the Colorado State Patrol.
c. After implementing an AVIS Corridor, the City must publish a report on its website disclosing the number of citations and revenue generated by the AVIS Corridor.
F. Penalties:
1. Exceeding Posted Speed Limit- AVIS Violation: When the City detects a violation of section 10.5.104F through the use of AVIS:
a. If the speeding violation is less than ten (10) miles per hour over the posted speed limit and the violation is the first violation by the registered owner, then the City may mail a warning regarding the violation but shall not impose any penalty or surcharge for such first violation.
(1) If a second or subsequent speeding violation of less than ten (10) miles per hour is detected, then the maximum penalty, including any surcharge, shall be forty dollars ($40.00).
(2) If the speeding violation is ten (10) miles per hour or more over the posted speed limit, the maximum civil penalty that may be imposed, including any surcharge, is forty dollars ($40.00).
(3) If the speeding violation occurs within a school zone, the maximum civil penalty shall be doubled and shall be eighty dollars ($80.00).
(4) If the speeding violation occurs within a maintenance, construction, or repair zone, the maximum civil penalty shall be doubled and shall be eighty dollars ($80.00).
2. Traffic Control Signal Legend- AVIS Violations: If the City detects a violation of section 10.17.105C5 through the use of AVIS, the maximum civil penalty, including any surcharge, that may be assessed is seventy-five dollars ($75.00).
3. If a registered owner fails to pay a penalty imposed through the AVIS program, the City shall not attempt to enforce such a penalty by immobilizing the registered owner's vehicle.
4. Municipal court judges shall have no authority to alter or reduce the penalty for AVIS violations.
G. Additional Requirements:
1. No portion of any fine collected through the use of the AVIS system may be paid to the vendor or manufacturer of the AVIS equipment. The compensation paid by the City for such equipment shall be based on the value of the equipment and services to the City, and may not be based upon the number of traffic citations issued or the revenue generated by such equipment services.
2. The City and any contracted AVIS vendor shall:
a. Program the AVIS to retain data only when a violation of a county or municipal traffic regulation or traffic violation under state law occurs;
b. Treat all photographs and video collected by the AVIS as confidential and exempt from disclosure and inspection pursuant to the "Colorado Open Records Act," part 2 of article 72 of title 24 of the Colorado Revised Statutes.
c. Not use, disclose, sell or permit access to photographs, video, or personal identifiable data collected by the AVIS except to the extent necessary to operate the program, including for purposes of processing violations, for other law enforcement purposes, for transferring data to a new vendor or operating system, or, pursuant to a court order, for use in unrelated legal proceedings;
d. Destroy any photographs and video of a violation collected by the AVIS within three years after the final disposition of the violation unless the photographs or video are maintained in a separate system for other purposes allowed by law; and
e. Shall not require a registered owner of a vehicle to disclose the identity of a driver of the vehicle who is detected though the use of AVIS. However, a registered owner may be required to submit evidence that the owner was not the driver at the time of the alleged violation. (Ord. 10-47; amd. Ord. 21-17; Ord. 24-33)
A. The following terms shall have the meanings as stated, unless the context specifically indicates otherwise, or unless the meaning is excluded by express provision, any State law shall apply to the words and phrases.
Notes
| 1 | 1. Title 42, CRS. |
ACCELERATION LANE: A speed change lane, including tapered areas, for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can more safely merge with through traffic.
ACCESS AISLE: An accessible pedestrian space between disabled parking spaces that provides clearance appropriate for the use of the disabled parking space.
ACCIDENT: Any event that results in unintended injury, either fatal or nonfatal, or any property damage attributable directly or indirectly to the motion of a motor vehicle or its load.
ALLEY OR ALLEYWAY: A street or highway intended to provide access to the rear or side of lots or buildings in urban areas and not intended for the purpose of through vehicular traffic.
APPURTENANCE: A piece of equipment that is affixed or attached to a motor vehicle or trailer and is used for a specific purpose or task, including awnings, support hardware, and extractable equipment. "Appurtenance"
does not include any item or equipment that is temporarily affixed or attached to the exterior of a motor vehicle for the purpose of transporting such vehicle.
AUTHORIZED EMERGENCY VEHICLE: Vehicles of the Fire Department, police vehicles, ambulances, and other special-purpose vehicles as are publicly owned and operated by or for a government agency to protect and preserve life and property in accordance with state laws regulating emergency vehicles, and other publicly or privately owned vehicles as are designated by the State motor vehicle licensing agency as provided under Colorado Revised Statutes section 42-4-108(5).
AUTHORIZED SERVICE VEHICLE: Such highway or traffic maintenance vehicles as are publicly owned and operated on a highway by or for a governmental agency the function of which requires the use of service vehicle warning lights as prescribed by state law and such other vehicles having a public service function, including, but not limited to, public utility vehicles and tow trucks, as determined by the department of transportation under Colorado Revised Statutes section 42-4-214(5). Some vehicles may be designated as both an authorized emergency vehicle and an authorized service vehicle.
AUTOCYCLE: A three-wheeled motorcycle that does not use handlebars or any other device that is directly connected to a single front wheel to steer and in which the driver and each passenger ride in a fully or partly enclosed seating area that is equipped with safety belts for all occupants that constitute a safety belt system, as defined in Colorado Revised Statutes section 42-4-237(1)(b). For purposes of this definition, "partly enclosed seating area" means a seating area that is entirely or partly surrounded on the sides by the frame or body of a vehicle but is not fully enclosed.
AUTOMATED DRIVING SYSTEM: Hardware and software that are collectively capable, without any intervention or supervision by a human operator, of performing all aspects of the dynamic driving task for a vehicle on a part-time or full-time basis, described as levels 4 and 5 automation in SAE International's standard J3016, as it existed in September 2016.
AUTOMATED VEHICLE IDENTIFICATION SYSTEM (OR AVIS): A system whereby a machine is used to automatically detect a violation of a traffic regulation and simultaneously record a photograph of the vehicle, the operator of the vehicle, and the license plate of the vehicle, and a notice of violation or civil penalty assessment notice may be issued to the registered owner of the motor vehicle. AVIS includes a system used to detect violations of speed ordinances, or violations of ordinances imposing restrictions on actions at official traffic control devices/signals.
AUTOMOBILE: Any motor vehicle.
BARRICADE: A portable or fixed device, including but not limited to cones, vertical panels and drums with appropriate markings, physical obstacles, and authorized emergency vehicles, used to control traffic by closing, restricting, or delineating all or a portion of the right of way to traffic.
BICYCLE: A vehicle propelled by human power applied to pedals upon which a person may ride having two tandem wheels or two parallel wheels and one forward wheel, all of which are more than fourteen inches in diameter.
BICYCLE BOULEVARD: A low speed street that has been optimized for bicycles, and/or electrical assisted bicycles, and/or electric scooters, and/or low-power scooters, and/or EPAMDs travel, allows local motor vehicle travel, but gives priority to bicycles, and/or electrical assisted bicycles, and/or electric scooters, and/or low-power scooters, and/or EPAMDs at intersections.
BIKE BOX: Designated locations at the edge of intersections where the operator of bicycles, and/or electrical assisted bicycles, and/or electric scooters, and/or low-power scooters, and/or EPAMDs can safely wait for the duration of the traffic signal.
BICYCLE LANE: Portion of roadway or shoulder designated for preferential or exclusive use by bicycles, and/or electrical assisted bicycles, and/or electric scooters, and/or low-power scooters, and/or EPAMDs and other authorized users of bicycle lanes. It is distinguished from the portion of the roadway for motor vehicle traffic by a paint stripe, and marking, curb or other devices.
BIKE ROUTE: A system of bikeways designating preferred routes for bicycles, and/or electrical assisted bicycles, and/or electric scooters, and/or low-power scooters, and/or EPAMDs use by signing with appropriate direction and informational route makers.
BIKE SIGNALS: A traffic control device that is exclusively for bicycles, and/or electrical assisted bicycles, and/or electric scooters, and/or low-power scooters, and/or EPAMDs, represented with a bicycle symbol and a red, yellow, and green color indication.
BIKEWAY: A generic term for any road, street, path, or way which, in some manner, is designated as being available for bicycles, and/or electrical assisted bicycles,
and/or electric scooters, and/or low-power scooters, and/or EPAMDs travel, regardless of whether such facilities are designated for the exclusive use of bicycles, and/or electrical assisted bicycles, and/or electric scooters, and/or low-power scooters, and/or EPAMDs or are to be shared with other transportation modes.
BODILY INJURY: Physical pain, illness or any impairment of physical or mental condition.
BUS: Every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle other than a taxicab, designed and used for the transportation of persons for compensation.
BUS STAND OR STOP: A designated area adjacent to a curb or edge of the roadway assigned for the use of buses during the loading or unloading of passengers.
BUSINESS DISTRICT: The territory contiguous to a street or highway when fifty percent (50%) or more of the frontage for a distance of three hundred feet (300') or more is occupied by buildings in use for business.
CAMPER COACH: An item of mounted equipment, weighing more than five hundred pounds, which when temporarily or permanently mounted on a motor vehicle adapts such vehicle for use as temporary living or sleeping accommodations.
CAMPER TRAILER: A wheeled vehicle having an overall length of less than twenty-six feet, without motive power, which is designed to be drawn by a motor vehicle over the public highways and which is generally and commonly used for temporary living or sleeping accommodations.
CENTERLINE: A line either marked or unmarked dividing the roadway between traffic moving in opposite directions.
CIVIL PENALTY ASSESSMENT: A written notice issued by the City or its AVIS vendor to the registered owner of a motor vehicle after failure to timely pay the civil penalty or request a hearing on a violation of an AVIS ordinance, as detailed in a Notice of Violation.
COMMERCIAL CARRIER: Any owner of a motor vehicle, truck, laden or unladen truck tractor, trailer, or semitrailer used in the business of transporting persons or property over the public highways for profit, hire, or otherwise in any business or commercial enterprise.
CONTROLLED ACCESS STREET OR HIGHWAY: Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at the points only and in a manner as may be determined by the public authority having jurisdiction over the highway, street or roadway.
COURT: The Municipal Court of the City.
CROSSWALK: That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections or any portion of a roadway distinctly indicated for pedestrian crossing by lines or markings on the surface.
DECELERATION LANE: A speed change lane, including tapered areas, for the purpose of enabling a vehicle that is to make an exit turn from a roadway to slow to the safe speed on the ramp ahead after it has left the mainstream of faster moving traffic.
DECLARED GROSS VEHICLE WEIGHT: The combined weight of the vehicle or combination vehicle and its cargo when operated on the public highways of this state. Such weight shall be declared by the vehicle owner at the time the vehicle is registered. Accurate records shall be kept of all miles operated by each vehicle over the public highways of this state by the owner of each vehicle.
DESIGNATED TRUCK ROUTE: A street or roadway designated as the official truck route system by the Traffic Engineer on which through travel by trucks is permitted.
DISABLED PERSON: A person so severely disabled that the person is unable to move from place to place without the aid of a mechanical device or who has a physical impairment verified, in writing, by the Director of the Division of Rehabilitation or a physician licensed to practice medicine in this State that the impairment limits substantially the person's ability to move from place to place.
DIVIDED HIGHWAY: A highway with separated roadways usually for traffic moving in opposite directions, such separation being indicated by depressed dividing strips, raised curbings, traffic islands, or other physical separations so constructed as to impede vehicular traffic, or otherwise indicated by standard pavement markings or other official traffic control devices as prescribed in the state traffic control manual.
DRIVE-AWAY TRANSPORTER or TOW-AWAY TRANSPORTER: Every person engaged in the transporting of vehicles which are sold or to be sold and not owned by such transporter, by the drive-away or tow-away methods, where such vehicles are driven, towed, or transported singly, or by saddlemount, towbar, or fullmount methods, or by any lawful combination thereof.
DRIVER: Every person, including a minor driver under the age of twenty-one years old, who drives or is in actual physical control of a vehicle.
ELDERLY PERSON: A person who has reached the age of sixty five (65).
ELECTRICAL ASSISTED BICYCLE: A vehicle having two or three wheels, fully operable pedals, and an electric motor not exceeding seven hundred fifty watts of power. Electrical assisted bicycles are further required to conform to one of three classes as follows:
A. CLASS 1 ELECTRICAL ASSISTED BICYCLE: 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 miles per hour.
B. CLASS 2 ELECTRICAL ASSISTED BICYCLE: An electrical assisted bicycle equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour.
C. CLASS 3 ELECTRICAL ASSISTED BICYCLE: 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 miles per hour.
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE or EPAMD: A self-balancing, nontandem two-wheeled device, designed to transport only one person that is powered solely by an electric propulsion system producing an average power output of no more than seven hundred fifty watts.
ELECTRIC SCOOTER: A device:
A. Weighing less than one hundred pounds;
B. With or without handlebars;
C. That is powered by an electric motor; and
D. That has a maximum speed of twenty miles per hour on a paved level surface when powered solely by the electric motor.
ELECTRIC SCOOTER does not include an electrical assisted bicycle, EPAMD, motorcycle, or low-power scooter.
EMPTY WEIGHT: The weight of any motor vehicle or trailer or any combination thereof, including the operating body and accessories, as determined by weighing on a scale approved by the department.
ESSENTIAL PARTS: All integral parts and body parts, the removal, alteration, or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.
EXCLUDED ROUTE: A street or roadway upon which the use of a certain class of traffic is not allowed.
FARM TRACTOR: Every implement of husbandry designed and used primarily as a farm implement for drawing plows and mowing machines and other implements of husbandry.
FINAL ORDER OF LIABILITY: Order entered by the Municipal Court against the registered owner of a motor vehicle after failure to comply with a Civil Penalty Assessment in cases involving AVIS violations.
FREIGHT OR PASSENGER LOADING ZONE: A designated space for the exclusive use of vehicles during the loading or unloading of freight or passengers.
GOLF CAR: A self-propelled vehicle not designed primarily for operation on roadways and that has:
A. A design speed of less than twenty miles per hour;
B. At least three wheels in contact with the ground;
C. An empty weight of not more than one thousand three hundred pounds; and
D. A carrying capacity of not more than four persons.
HIGH INTENSITY ACTIVATED CROSSWALK (HAWK) PEDESTRIAN SIGNAL: A signal device consisting of two (2) red signal indications above a yellow signal indication forming a beacon signal that remains dark until activated by a pedestrian. Once activated, the signal initiates a flashing yellow indication to warn approaching drivers, followed by a solid yellow identical to a normal signal to warn of impending requirement to stop. The solid yellow is followed by a brief solid red indication, which is followed by a wigwag flashing red signal requiring drivers to stop before proceeding.
HOLIDAYS: For purposes of this chapter, holidays are defined to include those days listed in subsection 1.1.105B of this Code.
HUMAN OPERATOR: A natural person in the vehicle with immediate access to controls for steering, braking, and acceleration.
IMPLEMENT OF HUSBANDRY: Every vehicle which is designed, adapted, or used for agricultural purposes. It also includes equipment used solely for the application of liquid, gaseous and dry fertilizers. Transportation of fertilizer, in or on the equipment used for its application, shall be deemed a part of application if it is incidental to the application. It also includes hay balers, hay stacking equipment, combines, tillage and harvesting equipment, agricultural commodity handling equipment, and other heavy movable farm equipment primarily used on farms and not on the highways. Trailers specially designed to move such equipment on highways shall, for the purposes of section 10.20.102 of this code, be considered as component parts of such implements of husbandry.
INTERSECTION: The area embraced within the prolongation of the lateral curb lines or, if none, then the
lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two roadways thirty feet or more apart, every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, every crossing of two roadways of such highways shall be regarded as a separate intersection. The junction of an alley with a street or highway does not constitute an intersection.
JUDGE: A Judge of the Municipal Court of the City.
LANE: The portion of a roadway for the movement of a single line of vehicles.
LANE DIRECTION CONTROL SIGNAL: A traffic control signal which is erected to control the direction of vehicular traffic movement in an individual lane.
LANE LINE: A line other than a centerline separating two (2) lanes of traffic moving in the same direction.
LANED STREET OR HIGHWAY: A street or highway, the roadway of which is divided into two (2) or more clearly marked lanes for vehicular traffic.
LICENSE PLATE or PLATE: Signage affixed to a vehicle displaying a series of letters, numbers, or letters and numbers indicating that the vehicle has been registered with the state, territory, or country from which it was issued. License plate shall include a temporary license plate or permit issued by the state or a state-authorized dealer.
LITTER: All rubbish, waste material, refuse, garbage, trash, debris or other foreign substance, solid or liquid, of every form, size, kind and description.
LOADING ZONE: A designated space reserved for the exclusive use of vehicles during the loading or unloading of passengers or property.
LOW-POWER SCOOTER: A self-propelled vehicle designed primarily for use on the roadways with not more than three wheels in contact with the ground, no manual clutch, and either of the following:
A. A cylinder capacity not exceeding fifty cubic centimeters if powered by internal combustion; or
B. A wattage not exceeding four thousand four hundred seventy-six if powered by electricity.
”Low-power scooter” does not include a toy vehicle, bicycle, electrical assisted bicycle, wheelchair, or any device designed to assist people with mobility impairments who use pedestrian rights-of-way.
LOW-SPEED ELECTRIC VEHICLE: Vehicle that:
A. Is self-propelled utilizing electricity as its primary propulsion method;
B. Has at least three wheels in contact with the ground;
C. Does not use handlebars to steer; and
D. Exhibits the manufacturer's compliance with 49 CFR 565 or displays a seventeen-character vehicle identification number as provided in 49 CFR 565.
MARKINGS: All lines, patterns, words, colors or other devices, except signs, set into the surface of, applied upon or attached to the pavement or curbing or to objects within or adjacent to the roadway, conforming to State standards as required by law and officially placed for the purpose of regulating, warning or guiding traffic.
MEDIAN OR CENTRAL DIVIDING STRIP: That portion of a divided street or highway separating the traveled ways for traffic in opposite directions.
MOTOR VEHICLE: Any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and/or property over the public highways or a low-speed electric vehicle; except that the term does not include electrical assisted bicycles, electric scooters, low-power scooters, wheelchairs, or vehicles moved solely by human power. This term shall include "recreational vehicle" as defined in this section. For the purpose of the offense described in section 10.6.101 of this code, for farm tractors and off-highway vehicles, operated on streets and highways, "motor vehicle" includes a farm tractor or an off-highway vehicle that is not otherwise classified as a motor vehicle.
MOTORCYCLE: An autocycle or a motor vehicle that uses handlebars or any other device connected to the front wheel to steer and that is designed to travel on not more than three wheels in contact with the ground; except that the term does not include a farm tractor, low-speed electric vehicle, or low-power scooter.
MOTOR HOME: A vehicle designed to provide temporary living quarters and which is built into, as an integral part of or a permanent attachment to, a motor vehicle chassis or van.
MULTIPURPOSE TRAILER: A wheeled vehicle, without motive power, that is designed to be drawn by a motor vehicle over the public highways. A "multipurpose trailer" is generally and commonly used for temporary living or sleeping accommodation and transporting property wholly upon its own structure and is registered as a vehicle.
MUNICIPAL COURT CLERK: The Clerk of the Municipal Court of the City.
NOTICE OF VIOLATION: A written notice issued by the City or its AVIS vendor to the registered owner of a motor vehicle alleging a violation of an AVIS ordinance.
OFF-HIGHWAY VEHICLE: Any self-propelled vehicle which is designed to travel on wheels or tracks in contact with the ground, which is designed primarily for use off of the public highways, and which is generally and commonly used to transport persons for recreational purposes. "Off-highway vehicle" does not include the following:
A. Vehicles designed and used primarily for travel on, over, or in the water;
B. Snowmobiles;
C. Military vehicles;
D. Golf carts;
E. Vehicles designed and used to carry individuals with disabilities;
F. Vehicles designed and used specifically for agricultural, logging, or mining purposes; or
G. Vehicles registered pursuant to article 3 of title 42, C.R.S.
OFFICIAL TIME STANDARD: Whenever certain hours are named herein, they shall mean the standard time or daylight saving time as may be in current use in the City.
OFFICIAL TRAFFIC CONTROL DEVICES: All signs, signals, markings and devices, not inconsistent with statute or this chapter, placed or displayed by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
OFFICIAL TRAFFIC CONTROL SIGNAL: Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.
OWNER: A person who holds the legal title of a vehicle or, in the event a vehicle is the subject of any agreement for the conditional sale or lease thereof, a person with the right of purchase upon performance of the conditions stated in the agreement and with the immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner, or parties otherwise having lawful use or control or the right to use or control a vehicle for a period of thirty (30) days or more.
PARK or PARKING: The standing of a vehicle, whether occupied or not, other than very briefly for the purpose of and while actually engaged in loading or unloading property or passengers.
PARKING METER: A mechanical or electrical time measuring device authorized by this City to be used for the purpose of regulating parking.
PEDESTRIAN: Any person afoot or any person using a wheelchair.
PEDESTRIAN CONTROL SIGNAL: A traffic control signal which is erected for the exclusive purpose of directing pedestrian traffic at that location.
PLAY STREET: Any street or part of a street set apart and properly designated for recreation purposes.
POLICE OFFICER: Every officer authorized to direct or regulate traffic or to make arrest for violations of traffic regulations.
PRESIDING JUDGE: The Municipal Judge appointed by the City Council to serve as the executive head of the Municipal Court.
PRIVATE ROAD OR DRIVEWAY: Every road or driveway not open to the use of the public for purposes of vehicular travel.
PROHIBITED ROUTES: A street or roadway that is not a designated truck route.
PROTECTED BIKE LANE: Also known as separated bike lane or cycle track, these lanes are separated from motorized traffic in various ways including special striping, bollards, parked cars and other devices for the purposes of creating a safer environment for bicycles, and/or electrical assisted bicycles, and/or electric scooters, and/or low-power scooters, and/or EPAMDs operators.
PUBLIC PLACE: A place to which the public or a substantial part of the public has access, including streets, highways, transportation facilities, schools, places of amusement, parks, playgrounds and the common areas of public and private buildings and facilities, including parking lots or any other area intended for use by the public.
RAILROAD: A carrier of persons or property upon cars, operated on stationary rails.
RAILROAD SIGN OR SIGNAL: Any official sign, signal or device intended to give notice of the presence of railroad tracks or the approach of a railroad train.
RAILROAD TRAIN: A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails.
RAMP: A turning or interconnecting roadway of a traffic interchange.
RECREATIONAL VEHICLE: A vehicle designed to be used primarily as temporary living quarters for recreational, camping, travel or seasonal use that either has its own motor power or is mounted on or towed by another vehicle. "Recreational vehicle" includes camping trailers, fifth wheel trailers, motor homes, travel trailers, truck campers, watercraft and snowmobiles.
REGISTERED OWNER: Any owner(s) of a vehicle who registers the vehicle with the Department of Revenue as required by state law.
RESTRICTED ROUTE: A street or roadway upon which travel is limited to vehicles or loads of certain weight or size.
RIGHT OF WAY: The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under the circumstances or direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
ROAD MACHINERY AND CONSTRUCTION EQUIPMENT: Those vehicles, self-propelled or otherwise, which are not designed primarily for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons but which have been redesigned or modified by the mounting thereon of special equipment or machinery, and which may be only incidentally operated or moved over the public highways. This definition includes, but is not limited to, wheeled vehicles commonly used in the construction, maintenance and repair of roadways and the digging of ditches.
ROAD TRACTOR: Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. May also be referred to as "truck tractor".
ROADWAY: That portion of a highway improved, designed or ordinarily used for vehicular travel exclusive of the sidewalk, berm, or shoulder even though such sidewalk, berm, or shoulder is used by persons riding bicycles or other human-powered vehicles and exclusive of that portion of a highway designated for exclusive use as a bicycle path or reserved for the exclusive use of bicycles, human-powered vehicles, or pedestrians. In the event a street or highway includes two (2) or more separate roadways, the term "roadway" shall refer to any roadway separately but not to all roadways collectively.
SAFETY ZONE: The area or space officially set aside within a street or highway for the exclusive use of pedestrians or bicycles and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone.
SCHOOL BUS: A motor vehicle that is designed and used specifically for the transportation of school children to or from a public or private school or a school-related activity, whether the activity occurs within or without the territorial limits of any district and whether or not the activity occurs during school hours. "School bus" does not include informal or intermittent arrangements, such as sharing of actual gasoline expense or participation in a car pool, for the transportation of school children to or from a public or private school or a school-related activity.
SCHOOL VEHICLE: A motor vehicle, including but not limited to a school bus that is owned by or under contract to a public or private school and operated for the transportation of school children to or from school or a school-related activity. "School vehicle" does not include:
A. Informal or intermittent arrangements, such as sharing of actual gasoline expense or participation in a car pool, for the transportation of school children to or from a public or private school or a school-related activity; or
B. A motor vehicle that is owned by or under contract to a child care center, as defined in section 26-6-102(5), C.R.S., and that is used for the transportation of children who are served by the child care center.
SCHOOL ZONES: The area or space along a street or highway adjacent to or near a public, elementary or private school, and which is plainly marked by proper signs to indicate that the area is a school zone.
SEMITRAILER: Any wheeled vehicle, without motive power, which is designed to be used in conjunction with a laden or unladen truck tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such laden or unladen truck tractor and that is generally and commonly used to carry and transport property over the public highways.
SHARED-USE PATHS: A bikeway physically separated from motorized vehicular traffic by an open space or barrier. Shared-use paths may also be used by pedestrians, skaters, joggers or other non-motorized users.
SIDEWALK OR SIDEWALK AREA: That portion of a street between the curb lines or the lateral lines of a
roadway, and the adjacent property lines, intended for the use of pedestrians.
SNOWMOBILE: A self-propelled vehicle primarily designed for travel on snow or ice, and supported in part by skis, belts or cleats.
SPECIAL MOBILE MACHINERY: Machinery that is pulled, hauled, or driven over a highway and is either; a vehicle or equipment that is not designed primarily for the transportation of persons or cargo over the public highways; or a motor vehicle that may have been originally designed for the transportation of persons or cargo over the public highways, and has been redesigned or modified by the addition of mounted equipment or machinery, and is only incidentally operated or moved over the public highways. Special mobile machinery includes vehicles commonly used in the construction, maintenance, and repair of roadways, the drilling of wells, and the digging of ditches.
STAND OR STANDING; PARK OR PARKING: The halting of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
STOP or STOPPING: When prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.
STOP LINE OR LIMIT LINE: A line which indicates where drivers shall stop when directed by an official traffic control device or a police officer.
STREET OR HIGHWAY: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel; or the entire width of every way declared to be a public street or highway by any law of this State. The terms "street" and "highway" are synonymous and interchangeable.
TAXI AND TAXICAB: A licensed public motor vehicle for hire, designed and constructed to seat not more than ten (10) persons and operating as a common carrier on call or demand.
TAXI STAND, TAXICAB STAND: A designated area adjacent to the curb set aside and assigned for taxicabs to stand or wait for passengers.
THROUGH STREET OR HIGHWAY: Every street or highway or portion thereof on which vehicular traffic is given preferential right of way at the entrances to which vehicular traffic from intersecting streets or highways is required by law to yield right of way to vehicles on a through street or highway in obedience to either a stop sign or a yield sign, when the signs are erected as provided in this chapter.
TOY VEHICLE: Any vehicle that has wheels and is not designed for use on public highways or for off-road use. "Toy vehicle" includes, but is not limited to, gas-powered or electric-powered vehicles commonly known as mini bikes, "pocket" bikes, kamikaze boards, go-peds, and stand-up scooters. "Toy vehicle" does not include electric scooters, off-highway vehicles or snowmobiles.
TRAFFIC: Pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or together while using any street or highway for the purpose of travel.
TRAFFIC CONTROL SIGNAL: Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
TRAFFIC ENGINEER: The City Traffic Engineer appointed pursuant to section 10.1.308 of this article, or the Traffic Engineer's designee. The terms "City Traffic Engineer" and "Traffic Engineer" are synonymous and interchangeable.
TRAILER: Any wheeled vehicle, without motive power that is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure and that is generally and commonly used to carry and transport property over the public highways. The term includes, but is not limited to, multipurpose trailers as defined in this section.
TRAILER COACH OR MOBILE HOME: Any wheeled vehicle which is a single, self- contained unit, without motive power, which is designed and generally and commonly used for occupancy by persons for residential purposes, in either temporary or permanent locations, and which may occasionally be drawn over the public highways by a motor vehicle.
TRUCK: Any motor vehicle equipped with a body designed to carry property and which is generally and commonly used to carry and transport property over the public highways, when the gross vehicle weight rating (GVWR) is in excess of ten thousand (10,000) pounds. This term shall also include commercial vehicles, road machinery, construction equipment, road tractors and truck-tractors, when the gross vehicle weight rating exceeds ten thousand (10,000) pounds.
TRUCK-TRACTOR: Any motor vehicle which is generally and commonly designed to draw a semitrailer and its cargo load over the public highways. May also be referred to as "road tractor".
VEHICLE: Any device which is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. This term shall include a bicycle, electrical assisted bicycle, electric scooter, or EPAMD, but does not include a wheelchair, off-highway vehicle, snowmobile, farm tractor or any implement of husbandry designed primarily or exclusively for use and used in agricultural operations, or any device moved exclusively over stationary rails or tracks, or designed to move primarily through the air. This term shall include "recreational vehicle" as defined in this section.
YIELD: To take appropriate action to grant the right of way. (Ord. 85-263; Ord. 87-95; Ord. 88-151; Ord. 95-201; Ord. 01-42; Ord. 03-124; Ord. 04-264; Ord. 05-124; Ord. 10-47; Ord. 10-92; Ord. 14-68; Ord. 21-23; Ord. 24-21; Ord. 24-22; Ord. 24-33)
PART 3 ADMINISTRATION
SECTION:
10.1.301: Traffic Duties Of The Police Department
10.1.302: Records Of Traffic Violations
10.1.303: Investigation Of Traffic Accidents
10.1.304: Traffic Accident Studies
10.1.305: Traffic Accident Reports
10.1.306: Drivers' Records Maintained And Studied
10.1.307: Annual Traffic Safety Report
10.1.308: Office Of Traffic Engineer
10.1.309: Duties And Powers Of Traffic Engineer
10.1.310: Division Of Authority Over State Highways
10.1.311: Uniform Standards For Traffic Control Devices
10.1.312: Official Traffic Control Records
10.1.313: Emergency And Experimental Regulations; Revocable Permits
10.1.314: Prohibited Driveways
10.1.315: Work Zone Traffic Controls
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