ORDINANCE NO. 96- 1

THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EL PASO, COLORADO AN ORDINANCE PERTAINING TO THE CONTROL AND REGULATION OF THE MOVEMENT AND PARKING OF MOTOR VEHICLES ON PUBLIC PROPERTY IN THE UNINCORPORATED TERRITORY OF EL PASO COUNTY

WHEREAS, section 30-15-401 (1)(h), C.R.S., authorizes a Board of County Commissioners to adopt ordinances which control and regulate the movement and parking of motor vehicles on public property; and

WHEREAS, sections 42-4-1 10 and 42-4-11 1, C.R.S., authorizes local authorities to enact and enforce traffic regulations on roads and streets within their jurisdiction; and

WHEREAS, the Board of County Commissioners finds that the adoption of a traffic ordinance is in the best interests of the public health, safety, and welfare of the citizens of El Paso County; NOW, THEREFORE,

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EL PASO AS FOLLOWS:

Section 1. This ordinance shall be known and referred to as the "El Paso County Traffic Code."

Section 2. Speed Contest

(A) No person shall engage, in any motor vehicle speed or acceleration contest or exhibition of speed or acceleration on a highway, and no person shall aid or abet in any such motor vehicle speed or acceleration contest or exhibition on any highway.

(B) No person shall, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed or acceleration contest upon a highway, in any manner obstruct or place any barricade or obstruction or assist or participate in placing any such barricade or obstruction upon any highway.

Cross Reference: Section 42-4-1105, C.R.S.

Section 3. Speed Limits

(A) No person shall drive a motor vehicle on a street or highway at a speed greater than is reasonable and prudent under the conditions then existing.

(B) Except when a special hazard exists that requires a lower speed, the following speeds shall be lawful:

(1) Twenty miles per hour on narrow, winding mountain highways or on blind curves; (2) Twenty-five miles per hour in any business district;

(3) Thirty miles per hour in any residence district;

(4) Forty miles per hour on open mountain highways;

(5) Forty-five miles per hour for all vehicles in the business of transporting trash, where higher speeds are posted, when the vehicle is loaded as an exempted vehicle pursuant to section 42-4-507(3), C.R.S.;

(6) 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.;

(7) Sixty-five miles per hour, or greater as approved by the State of Colorado, on surfaced, four-lane highways which are on the interstate system, as defined in section 43-2-101(2), C.R. S.

(8) Any speed not in excess of a speed limit designated by an official traffic control device.

(C) No driver of a motor 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.

(D) Any speed in excess of the lawful speeds set forth in subsection (B) 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 (D), "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.

(E) In every charge of violating subsection (A) 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.

(F) The conduct of a driver of a motor vehicle, which would otherwise constitute a violation of this section, is justifiable and not unlawful when:

(1) 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

(2) With respect to authorized emergency vehicles, the applicable conditions for exemption, as set forth in section 42-4-108, C.R.S., exist.

(G) The minimum requirement for commission of a traffic offense under this ordinance 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.

(H) It shall not be a defense to prosecution for a violation of this section that:

(1) The defendant's conduct was not performed intentionally, knowingly, recklessly, or with criminal negligence; or

(2) 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

(3) The defendant's vehicle has a greater operating or fuel-conserving efficiency at speeds greater than the reasonable and prudent speed under the conditions then existing or at speeds greater than the maximum lawful speed limit.

Cross Reference: Section 42-4-1 101, C.R.S.

Section 4. Minimum Speed Regulation

(A) No person shall drive a motor vehicle on any highway at such a slow speed as to impede or block the normal and reasonable forward movement of traffic, except when a reduced speed is necessary for safe operation of such vehicle or in compliance with law.

(B) Whenever it is determined that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, a minimum speed may be imposed, below which no person shall drive a motor vehicle, except when necessary for safe operation or in compliance with law.

(C) Notwithstanding any minimum speed that may be authorized and posted pursuant to this section, if any person drives a motor vehicle on a street or highway outside an incorporated area or on any controlled-access highway at a speed less than the normal and reasonable speed of traffic under the conditions then and there existing and by so driving at such slower speed impedes or retards the normal and reasonable movement of vehicular traffic flowing immediately behind, then such driver shall:

(1) Where the width of the traveled way permits, drive in the right-hand lane available to traffic or on the extreme right side of the roadway consistent with the provisions of section 15(B) until such impeded traffic has passed by, or

(2) Pull off the roadway at the first available place where such movement can safely and lawfully be made until such impeded traffic has passed by.

(D) Wherever special uphill traffic lanes or roadside turnouts are provided and posted, drivers of all motor vehicles proceeding at less than the normal and reasonable speed of traffic shall use such lanes or turnouts to allow other vehicles to pass or maintain normal traffic flow.

Cross Reference: Section 42-4-1103, C.R.S.

Section 5. Eluding Police

It shall be unlawful for any operator of a motor vehicle who the officer has reasonable grounds to believe has violated a state law or county ordinance, who has received a visual or audible signal such as a red light or a siren from a police officer driving a marked vehicle showing the same to be an official police, sheriff, or Colorado state patrol car directing the operator to bring his vehicle to a stop, to willfully increase his speed or extinguish his lights in an attempt to elude such police officer, or to willfully attempt in any other manner to elude the police officer, or to elude such police officer.

Cross Reference: Section 42-4-1413, C.R.S.

Section 6. Reckless Driving

Any person who drives any motor vehicle in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving.

Cross Reference: Section 42-4-1401, C.R.S.

Section 7. Careless Driving

Any person who drives any motor vehicle, in a careless and imprudent manner, without due regard for the width, grade, curves, comers, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving.

Cross Reference: Section 42-4-1402, C.R.S.

 

 

 

 

Section 8. Following Too Closely

(A) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

(B) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger; except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.

(C) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.

Cross Reference: Section 42-4-1008, C.R.S.

Section 9. Unsafe Backing

(A) (1) The driver of a motor vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.

(2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway.

Cross Reference: Section 42-4-1211, C.R.S.

Section 10. Passing Oncoming Vehicles

Drivers of motor vehicles proceeding in opposite directions shall pass each other to the right, and, upon roadways having width for not more than one lane of traffic in each direction, each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible.

Cross Reference: Section 42-4-1002, C.R.S.

Section 11. Overtaking a Vehicle on the Left

(A) The driver of a motor vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

(B) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

Cross Reference: Section 42-4-1003, C.R.S.

Section 12. When Overtaking on the Right is Permitted.

(A) The driver of a motor vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

(1) When the vehicle overtaken is making or giving indication of making a left turn;

(2) Upon a street or highway with unobstructed pavement not occupied by parked vehicles and marked for two or more lanes of moving vehicles in each direction; or

(3) Upon a one-way street or upon any roadway on which traffic is restricted to one direction of movement where the roadway is free from obstructions and marked for two or more lanes of moving vehicles.

(B) The driver of a motor vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

Cross Reference: Section 42-4-1004, C.R.S.

Section 13. Limitations on Overtaking on the Left

(A) No motor vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of this ordinance and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completed without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and, in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching vehicle.

(B) No motor vehicle shall be driven on the left side of the roadway under the following conditions:

(1) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

(2) When approaching within one hundred feet of or traversing any intersection or railroad grade crossing;

(3) When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, or tunnel.

(C) Where the County has determined that portions of any street or highway would be especially hazardous when overtaking and passing or driving on the left side of the roadway, appropriate signs or makings may be installed on the roadway to indicate the beginning and end of such zones. Where such signs or markings are in place to define a no-passing zone and such signs or markings are clearly visible to an ordinarily observant person, no driver shall drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designated to mark such no-passing zone throughout its length.

(D) The provisions of this section shall not apply upon a one-way roadway, nor under the conditions described in section 15(A)(2), nor to the driver of a motor vehicle turning left into or from an alley, private road, or driveway when such movement can be made in safety and without interfering with, impeding, or endangering other traffic lawfully using the highway.

Cross Reference: Section 42-4-1005, C.R.S.

Section 14. Driving on Roadways Laned for Traffic

(A) Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules in addition to all others consistent with this section shall apply:

(1) A motor vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

(2) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a motor vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where such center lane is at the time allocated exclusively to the traffic moving in the direction the vehicle is proceeding and is designated by official traffic control devices to give notice of such allocation. Under no condition shall an attempt be made to pass upon the shoulder or any portion of the roadway remaining to the right of the indicated right-hand traffic lane.

(3) Official traffic control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such device.

(4) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device.

Cross Reference: Section 42-4-1007, C.R.S.

Section 15. Drive on Right Side-Exceptions

(A) Upon all roadways of sufficient width, a motor vehicle shall be driven upon the light half of the roadway, except as follows:

(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

(2) When an obstruction exists making it necessary to drive to the left of the center of the highway; but any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;

(3) Upon a roadway divided into three lanes for traffic under the rules applicable thereon; or

(4) Upon a roadway restricted to one-way traffic as indicated by official traffic control devices.

(B) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

(C) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no motor vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such

lanes or except as permitted under subsection (A)(2) of this section. However, this subsection (C) does not prohibit the crossing of the center line in making a left turn into or from an alley, private road, or driveway when such movement can be made in safety and without interfering with, impeding, or endangering other traffic lawfully using the highway.

Cross Reference: Section 42-4-1001, C.R.S.

Section 16. Obedience to Official Traffic Control Devices

(A) No driver of a motor vehicle shall disobey the instructions of any official traffic control device including any official hand signal device placed or displayed in accordance with the provisions of this ordinance unless otherwise directed by a police officer subject to the exceptions in this ordinance granted the driver of an authorized emergency vehicle.

(B) No provision of this ordinance for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or on place.

(C) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this ordinance, such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary is established by competent evidence.

(D) Any official traffic control device placed pursuant to the provisions of this ordinance and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this ordinance unless the contrary is established by competent evidence.

Cross Reference: Section 42-4-603, C.R.S.

Section 17. Traffic Control Signal Legend

(A) If traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, yellow, and red shall be used, except for special pedestrian-control signals carrying a word or symbol legend as provided in section 42-4-802, C.R.S., and said lights, arrows, and combinations thereof shall indicate and apply to drivers of motor vehicles and pedestrians as follows:

(B) Green Indication.

(1) Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits such turn; but vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

(2) Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

(3) Unless otherwise directed by a pedestrian-control signal as provided in section

42-4-802, C.R.S., pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

(C) Steady Yellow Indication.

(1) Vehicular traffic facing circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter.

(2) Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian control signal as provided in section 42-4-802, C.R.S., are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the roadway.

(D) Steady Red Indication.

(1) Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown; except that:

(a) Such vehicular traffic, after coming to a stop and yielding the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection, may make a right turn, unless the state or the County has prohibited any such right turn and has erected an official sign at each intersection where such right turn is prohibited;

(b) Such vehicular traffic, when proceeding on a one-way street and after coming to a stop, may make a left turn onto a one-way street upon which traffic is moving to the left of the driver. Such turn shall be made only after yielding the right-of-way to pedestrians and other traffic proceeding as directed. No turn shall be made pursuant to this subparagraph

(b) where any official sign has been erected prohibiting such left turn.

(2) Pedestrians facing a steady circular red signal alone shall not enter the roadway, unless otherwise directed by a pedestrian-control signal as provided in section 42-4-802, C.R.S.

(3) Vehicular traffic facing a steady red arrow signal may not enter the intersection to make the movement indicated by such arrow and, unless entering the intersection to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side on the intersection or, if none, then before entering the intersection and shall remain standing until an indication to make the movement indicated by such arrow is shown.

(4) Pedestrians facing a steady red arrow signal shall not enter the roadway, unless otherwise directed by a pedestrian-control signal as provided in section 42-4-802, C.R.S.

(E) Non-intersection Signal.

(1) In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or pavement marking indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.

(F) Lane-use-control Signals.

(1) Whenever lane-use-control signals are placed over the individual lanes of a street or highway, such signals shall indicate and apply to drivers of vehicles as follows:

(a) Downward-pointing green arrow (steady): A driver facing such signal may drive in any lane over which said green arrow signal is located.

(b) Yellow "X" (steady): A driver facing such signal is warned that the related green arrow movement is being terminated and shall vacate in a safe manner the lane over which said steady yellow signal is located to avoid if possible occupying that lane when the steady red "X" signal is exhibited.

(c) Yellow "X" (flashing): A driver facing such signal may use the lane over which said flashing yellow signal is located for the purposes of making a left turn or a passing maneuver, using proper caution, but for no other purpose.

(d) Red "X" (steady): A driver facing such signal shall not drive in any lane over which said red signal is exhibited.

Cross Reference: Section 42-4-605, C.R.S.

Section 18. Position and Method of Turning at Intersections

(A) The driver of a motor vehicle intending to turn shall do so as follows:

(1) Right Turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

(2) Left Turns. The driver of a motor vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle. Whenever practicable, the left turn shall be made to the left of the center of the intersection so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as such vehicle on the roadway being entered.

(3) Two-way left-turn lanes. Where a special lane for making left turns by drivers proceeding in opposite directions has been indicated by official traffic control devices, a left tam shall not be made from any other lane, and a motor vehicle shall not be driven in said special lane except when preparing for or making a left turn from or into the roadway or when preparing for or making a U-turn when otherwise permitted by law.

(B) Official traffic control devices may be placed and thereby require and direct that a different course from that specified in this section be traveled by taming motor vehicles, and, when such devices are so placed, no driver shall tam a motor vehicle other than as directed and required by such devices.

Cross Reference: Section 42-4-901, C.R.S.

Section 19. Limitations on Turning Around

(A) No motor vehicle shall be turned so as to proceed in the opposite direction upon any curve or upon the approach to or near the crest of a grade where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within such distance as is necessary to avoid interfering with or endangering approaching traffic.

(B) The driver of any motor vehicle shall not turn such vehicle at an intersection or any other location so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with or endangering other traffic.

(C) Whenever "U-turn" prohibition or restriction signs are erected at intersections or other locations where such movements are deemed to be hazardous, and, whenever official signs are so erected, no driver of a vehicle shall disobey the instructions thereof.

Cross Reference: Section 42-4-902, C.R.S.

Section 20. Parking Vehicle on Paved Portion of Highway

No person shall stop, park, or leave standing any motor vehicle, either attended or unattended, outside of a business or a residential district, upon the paved or improved and main-traveled part of the highway. Nothing contained in this section shall apply to the driver of any motor vehicle which is disabled while on the paved or improved and main-traveled part of the highway in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position, subject, when applicable, to the emergency lighting requirements set forth in section 42-4-230, C.R.S.

Cross Reference: Section 42-4-1202, C.R.S.

 

Section 21. Stopping, Standing or Parking Prohibited in Specified Places

(A) No person shall stop, stand, or park a motor vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device, in any of the following places:

(1) On a sidewalk;

(2) Within an intersection;

(3) On a crosswalk;

(4) 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;

(5) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

(6) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

(7) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

(8) On any railroad tracks;

(9) On any controlled-access highway;

(10) In the area between roadways of a divided highway, including crossovers;

(I 1) At any other place where official signs prohibit stopping

(B) In addition to the restrictions specified in subsection (A) of this section, no person shall stand or park a motor vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device, in any of the following places:

(1) Within five feet of a public or private driveway;

(2) Within fifteen feet of a fire hydrant;

(3) Within twenty feet of a crosswalk at an intersection;

(4) Within thirty feet upon the approach to a flashing beacon or signal, stop sign, yield sign, or traffic control signal located at the side of a roadway;

(5) 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 sign posted;

(6) At any other place where official signs prohibit standing.

(C) In addition to the restrictions specified in subsections (A) and (B) 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:

(1) Within fifty feet of the nearest rail of a railroad crossing;

(2) At any other place where official signs prohibit parking.

(D) No person shall move a motor vehicle not lawfully under his control into any such prohibited area or away &from a curb such distance as is unlawful.

(E) Official traffic control devices may be installed to prohibit, limit, or restrict 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 motor vehicle in violation of the restrictions indicated by such devices.

Cross Reference: Section 42-4-1204, C.R.S.

Section 22. Parking - Physically Challenged or Disabled

(A) Definitions

(1) "Physically challenged or disabled person" means a person so severely impaired or handicapped that such 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 for the State of Colorado or a physician licensed to Practice medicine in this state that such impairment limits substantially the person's ability to move from place to place.

(2) "Distinguished vehicle license plate" means a handicapped license plate, which is issued by the Colorado Department of Motor Vehicles and is displayed as required by the Colorado Revised Statutes. The issuance of a special license plate to a person with a disability shall not preclude such person from obtaining an identifying placard.

(3) "Identifying placard means" a handicapped placard, which is issued by the Colorado Department of Motor Vehicles to individuals who meet the requirements as set forth in section 42-3-121, and is displayed as required by the Colorado Revised Statutes.

Cross Reference: Section 42-3-121, C.R.S.

(B) Designation of Physically Challenged or Disabled Parking Spaces

(1) A person with a disability as defined in Sub-section A(l) of this Section , may park in a parking space identified as being reserved for use by persons with disabilities whether on public or private property available for public use. A placard or license plate issued to a person with a disability shall be displayed on the vehicle while parked in such place.

(2) Each parking space reserved for use by persons with disabilities whether on public or private property shall be marked with an official upright sign, which sign may be stationary or portable, identifying such parking space as reserved for use by persons with disabilities.

(3) The owner of private property available for use may request and pay for the installation of official signs identifying parking spaces reserved for use by persons with disabilities.

(C) Parking Privileges for the Physically Challenged or Disabled

(1) A vehicle with distinguishing license plates or an identifying placard may be parked in public parking areas along public streets regardless of any time limitation imposed upon parking in such area; except that such privilege need not apply to zones in which:

(a) Stopping, standing, or parking of all vehicles is prohibited;

(b) Only special vehicles may be parked;

(c) Parking is not allowed during specific periods of the day in order to accommodate heavy traffic.

(2) Persons with disabilities from states other than Colorado shall be allowed to use parking spaces for persons with disabilities in Colorado so long as such persons have valid license plates or placards from their home state.

(3) Any agency, which transports persons with disabilities, may obtain a placard for persons with disabilities in the same manner provided in section A.(l)(2).

Cross Reference: Section 42-4-1208

(D) Violations

(1) It is unlawful for any person other than a person with a disability to park in a parking space on public or private property which is clearly identified by an official sign as being reserved for use by persons with disabilities unless such person is parking the vehicle for the benefit of a person with a disability.

(2) Any person who is not a person with a disability and who exercises the privilege defined in subsection (D-1) of this section or who violates the provisions of subsection (C-1) of this section commits a class 2 petty offence.

(3) Any person who is not a person with a disability and who uses a license plate or placard issued to a person with a disability pursuant to section 42-3-121(2), C.R.S., in order to receive the benefits or privileges available to a person with a disability under this section commits a class 2 petty offence.

(4) In the event that such a placard is used by any employee of such agency when not transporting persons with disabilities, the executive director of such agency shall be subject to a fine of fifty dollars.

(5) In the event that a person with a disability improperly uses the privilege as defined in section 42-4-1208(2), C.R.S., such improper use shall be reported to the Colorado Department of Motor Vehicle by way of a sworn statement from a law enforcement officer or authorized parking enforcement official.

(6) Any law enforcement officer or authorized parking enforcement official may check the identification of any person using a license plate or placard for persons with disabilities in order to determine whether such use is authorized.

Cross Reference: Sections 42-3-121 & 42-4-1208, C.R.S.

Section 23. Parking at Curb or Edge of Roadway

(A) Except as otherwise provided in this section, every motor 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.

(B) Except as otherwise provided by this ordinance, every motor 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 die 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.

Cross Reference: Section 42-4-1205, C.R.S.

 

 

Section 24. Stopping for School Buses

(A) The driver of a motor vehicle upon any highway, road, or street, upon meeting or overtaking from either direction any school bus which has stopped, shall stop his vehicle before reaching such school bus if there are in operation on said school bus visual signal lights as specified in section 42-4-1903(2), C.R.S., and said driver shall not proceed until the visual signal lights are no longer being actuated; but, in the case of small passenger-type vehicles operated as school buses having a seating capacity of not more than nine, no such visual signal lights need be displayed or actuated.

(B) The driver of a motor vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus, which is on a different roadway. For the purposes of this section, "highway with separate roadways" means a highway that is divided into two or more roadways by a depressed, raised, or painted median or other intervening space serving as a clearly indicated dividing section or island.

(C) Every school bus shall stop as far to the right off the highway, road, or street as possible before discharging or loading passengers and, when possible, shall not stop where the visibility is obscured for a distance of two hundred feet either way from the bus. The driver of a school bus which has stopped shall allow time for any vehicles which have stopped behind the school bus to pass the school bus, if such passing is legally permissible where the school bus is stopped after the school bus's visual signal lights, if any, are no longer being displayed or actuated and after all children who have embarked or disembarked from the bus are safe from traffic.

(D) The provisions of this section shall not apply in the case of public

transportation programs for pupil transportation under section 22-51-104(l)(c), C.R.S.

Cross Reference: Section 42-4-1903, C.R.S.

Section 25. Moving Parked Vehicle

No person shall move a motor vehicle, which is stopped, standing, or parked unless and until such movement can be made without interfering with any moving vehicle which is close enough to constitute an immediate hazard.

Cross Reference: Section 42-4-1201, C.R.S.

Section 26. When SignaI Required.

(A) No person shall turn a motor vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 18 of this ordinance or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety and then only after giving an appropriate signal in the manner provided in sections 27 and 28 of this ordinance.

(B) A signal of intention to turn right or left when required shall be given continuously during at least the last 100 feet traveled by the vehicle before turning, except that such signal shall be given continuously for at least 200 feet on all highways where the prima facie speed limit is more than 40 miles per hour. Such signals shall be given regardless of existing weather conditions.

(C) No person shall stop or suddenly decrease the speed of a motor vehicle without first giving a signal in the manner provided in sections 27 and 28 of this code to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

Cross Reference: Section 42-4-903, C.R.S.

Section 27. Signals by Hand and Arm or Signal Device.

(A) Any stop or turn signal required by section 26 of this ordinance shall be given either by means of the hand and arm or by a signal light or signal device of a type approved by the Colorado Department of Revenue, except as otherwise provided in paragraph (B) of this section.

(B) Any motor vehicle in use on a street in this County shall be equipped with, and required signals shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside of the body, cab or load of such motor vehicle exceeds 24 inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds 14 feet. The latter measurement shall apply to any single vehicle, and also to any combination of vehicles.

(C) The signals provided for in subsection (B) of this section shall be used to indicate an intention to turn, change lanes, or start from a parked position and shall not be flashed on one side only on a parked or disabled vehicle, or flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear.

Cross Reference: Sections 42-4-608, 42-4-609, and 42-4-903, C.R.S.

Section 28. Method of Giving Hand and Arm Signals.

All signals herein required to be given by hand and arm shall be given by the driver from the left side of the vehicle in the following manner and such signals shall indicate as follows:

(1) Left turn--hand and arm fully extended horizontally.

(2) Right turn--hand and arm fully extended upward.

(3) Stop or decrease of speed--hand and arm fully extended downward.

Cross-reference: Section 42-4-609, C.R.S.

Section 29. Spilling Loads on Highway

No motor vehicle shall be driven or moved on any street or highway unless such

vehicle is constructed or loaded or the load thereof securely covered to prevent any

of its load from dropping, shifting, leaking, or otherwise escaping therefrom; except that sand may be dropped for the purpose of securing traction or water or other substances may be sprinkled on a roadway in cleaning or maintaining such roadway.

Cross Reference: Section 42-4-1407, C.R.S.

Section 30. Stop when Traffic Obstructed.

No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains, notwithstanding the indication of any traffic control signal to proceed.

Cross Reference: Section 42-4-709, C.R.S.

Section 31. Driving on Mountain Highways.

(A) No driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold such motor vehicle under control and as near to the right-hand edge of the highway as reasonably possible and, except when driving entirely to the right of the center of the roadway, shall give audible warning with the horn of such motor vehicle upon approaching any curve where the view is obstructed within a distance of two hundred feet along the highway.

(B) On narrow mountain highways with turnouts having a grade of six percent or more, ascending vehicles shall have the right-of-way over descending vehicles, except where it is more practicable for the ascending vehicle to return to a turnout.

Cross Reference: Section 42-4-711, C.R.S.

Section 32. Driving on Roadways Laned for Traffic.

(A) Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules in addition to all others consistent with this section shall apply:

(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

(2) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where such center lane is at the time allocated exclusively to the traffic moving the direction the vehicle is proceeding and is designated by official traffic control devices to give notice of such allocation. Under no condition shall an attempt be made to pass upon the shoulder or any portion of the roadway remaining to the right of the indicated right-hand traffic lane.

(3) Official traffic control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every device.

(4) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device.

Cross Reference: Section 42-4-1007, C.R.S.

Section 33. Obstruction of View or Driving Mechanism - Hazardous Situation.

(A) No person shall drive a vehicle when it is so loaded or when they are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.

(B) No person shall knowingly drive a vehicle while any passenger therein is riding in any manner, which endangers the safety of such passenger or others.

(C) No person shall drive any motor vehicle equipped with any television viewer screen, or other means of visually receiving a television broadcast which is located in the motor vehicle at any point forward of the back of the driver's seat of which is visible to the driver while operating the motor vehicle. The provisions of the subsection (C) shall not be interpreted to prohibit the usage of any computer, data terminal, or other similar device in a motor vehicle.

(D) No vehicle shall be operated upon any highway unless the driver's vision through any required glass equipment is normal and unobstructed.

(E) No passenger in a vehicle shall ride in such position as to create a hazard for such passenger or others, or to interfere with the driver's view ahead or to the sides, or to interfere with the driver's control over the driving mechanism of the vehicle; nor shall the driver of a vehicle permit any passenger therein to ride in such a manner.

(F) No person shall hand on or otherwise attach himself or herself to the outside, top, hood, or fenders of any vehicle, or to any other portion thereof, other than the specific enclosed portion of such vehicle intended for passengers or while in a sitting position in the cargo area of a vehicle if such area is fully or partially enclosed on all four sides, while the same is in motion; nor shall the operator knowingly pern2it any person to hang on or otherwise attach himself or herself to the outside, top, hood, or fenders of any vehicle, or any other portion thereof, other than the specific enclosed portion of such vehicle intended for passengers or while in a sitting position in the cargo area of a vehicle if such area is fully or partially enclosed on all four sides, while the same in motion. This subsection (F) shall not apply to parades, caravans, or exhibitions, which are officially authorized or otherwise permitted by law.

(G) The provisions of subsection (f) of this section shall not apply to a vehicle owned by the United States government or any agency or instrumentality thereof, or to a vehicle owned by the state of Colorado or any of its political subdivisions, or to a privately owned vehicle when operating in a governmental capacity under contract with or permit from any governmental subdivision or under permit issued by the public utilities commission of the state of Colorado, when in the performance of their duties persons are required to stand or sit on the exterior of the vehicle and said vehicle is equipped with adequate handrails and safeguards.

Cross Reference: Section 42-4-201, C.R.S.

Section 34. Windows Unobstructed - Certain Materials Prohibited - Windshield Wiper

Requirements.

(A) (1) Except as provided in this paragraph (1), no person shall operate any

motor vehicle registered in Colorado on which any window, except the windshield, is composed of, covered by, or treated with any material or component which presents opaque, nontransparent, or metallic or mirrored appearance in such a way that it allows less than twenty-seven percent light transmittance. the windshield shall allow seventy percent light transmittance. The provisions of this paragraph (1) shall not apply to the windows to the rear of the driver, including the rear window, on any motor vehicle; however, if such windows allow less than twenty-seven percent light transmittance, the front side windows and the windshield on such vehicles shall allow seventy percent light transmittance.

(2) Notwithstanding any provision of paragraph (1) of this subsection (A), nontransparent material may be applied, installed, or affixed to the topmost portion of the windshield subject to the following:

(a) The bottom edge of the material extends no more than four inches measured from the top of the windshield down;

(b) The material is not read or amber in color, nor does it affect perception of primary colors or otherwise distort vision or contain lettering that distorts or obstructs vision;

(c) The material does not reflect sunlight or headlight gear into the eyes of occupants of oncoming or preceding vehicles to any greater extent than the windshield without the material.

(3) Nothing in this subsection (A) shall be construed to prevent the use of any windows which is composed of, covered by, or treated with any material or component in a manner approved by federal statute or regulation if such window was included as a component part of a vehicle at the time of the vehicle manufacture, or the replacement of any such window by such covering which meets such guidelines.

(4) No material shall be used on any window in the motor vehicle that presents a metallic or mirrored appearance.

(5) Nothing in this subsection (A) shall be construed to deny or prevent the use of certificates or other papers, which do not obstruct the view of the driver and which, may be required by law to be displayed.

(B) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so construed as to be controlled or operated by the driver of the vehicle.

Cross Reference: Section 42-4-227, C.R.S.

Section 35. Unattended Motor Vehicle.

No person driving or in charge of a motor vehicle shall permit it to stand unattended

without first stopping the engine, locking the ignition, removing the key from the ignition, and

effectively setting the brake thereon, and, when standing upon any grade, said person shall

turn the front wheels to the curb or side of the highway in such a matter as to prevent the vehicle from rolling onto the traveled way.

Cross Reference: Section 42-4-1206, C.R.S.

Section 36. Opening and Closing Vehicle Doors. 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 necessary to load or unload passengers.

Cross Reference: Section 42-4-1207, C.R.S.

Section 37. Entering Through Highway - Stop or Yield Intersection.

(A) The County Department of Transportation may erect and maintain stop signs, yield signs, or other official traffic control devices to designate though highways or to designate intersections or other roadway junctions at which vehicular traffic on one or more of the roadways is directed to yield or to stop and yield before entering the intersection or junction. In the case of state highways, such regulations shall be subject to the provisions of Sections

42-4-601(2); 42-4-602; and 43-2-135(l)(g), C.R.S.

(B) Every sign erected pursuant to subsection (A) of this section shall be a standard sign adopted by the department of transportation.

(C) Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways.

(D) The driver of a vehicle approaching a yield sign, in obedience to such sign, shall slow to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways; except that, if a driver is involved in a collision with a vehicle in the intersection or junction of roadways after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of the driver's failure to yield right-of-way.

Cross Reference: Section 42-4-703, C.R.S.

Section 38. Operation on Approach of Emergency Vehicles.

Upon the immediate approach of an authorized emergency vehicle making use of audible or

visual signals meeting the requirements of 42-4-213 or 42-4-222 C.R.S., the driver of every

other vehicle shall yield the right-of-way and where possible shall immediately clear the farthest

left-hand lane lawfully available to through traffic and shall drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a roadway clear of any intersection and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

Cross Reference: Section 42-4-705, C.R.S.

Section 39. Restraint Systems Required for Children Riding in Motor Vehicles.

(A) Definitions.

(1) Child restraint systems required - definitions - exemptions. As used in this section, unless the context otherwise requires:

(2) "Child Care Centex" means a facility required to be licensed under the 'ChildCare Act", Article 6 of Title 26, C.R.S.

(3) "Child Restraint System" means any device that is designed to protect, hold, or restrain a child in a motor vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident and that conforms to all applicable federal motor vehicle safety standards.

(4) "Safety Belt" means a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, and includes the anchorage’s, the buckles, and all other equipment directly related to the operation of safety belts.

(5) "Seating Position" means any motor vehicle interior space intended by the motor vehicle manufacturer to provide a seating accommodation while the motor vehicle is in motion.

(B) Requirements

(1) Requirements for Child Restraint System.

(2) Unless exempted pursuant to subsection (C) of this section, every child, who is under four years of age and weighs under forty pounds, being transported in this state in a privately owned noncommercial passenger vehicle or in a vehicle operated by a child care center, shall be provided with a child restraint system suitable for the child's size and shall be properly fastened into such child restraint system which is in a seating position which is equipped with a safety belt or other means to secure the system according to the manufacturer's instructions.

(3) Unless excepted pursuant to subsection (C) of this section, every child, who is at least four years of age but less than sixteen years of age or who is less than four years of age and weighs forty pounds or more, being transported in this state in a privately owned noncommercial vehicle or in a vehicle operated by a child care center, shall be provided with a safety belt system and shall be properly fastened into the safety belt system according to the manufacturer's instructions.

(4) It is the responsibility of the driver transporting children, subject to the requirements of this section to ensure that such children are provided with and that they properly use a child restraint system or safety belt system.

(C) Exemptions.

(1) The requirements of subsection (B) of this section shall not apply to a child who:

(2) Is being transported in a privately owned noncommercial motor vehicle in which all seating positions equipped with safety belts or child restraint systems are occupied;

(3) Is being transported in a motor vehicle as a result of a medical emergency;

(4) Is being transported in a commercial motor vehicle, as defined in Section 42-2-402(4)(a), C.R.S., that is operated by a child care center; or

(5) Is the driver of a motor vehicle and is subject to the safety belt requirements provided in Section 42-4-237, C.R.S.

(6) No person shall use a safety belt or child restraint system, whichever is applicable under the provisions of this section, for children less than sixteen years of age in a motor vehicle unless it conforms to all applicable federal motor vehicle safety standards.

(D) Violations

(1) Any violation of this section shall not constitute negligence per se or contributory negligence per se.

(2) The fine, established in Section 42 may be waived if the driver presents the court with satisfactory evidence of the acquisition, purchase, or rental of an approved child restraint system by the time of the court appearance.

Cross Reference: Section 42-4-236, C.R.S.

Section 40. Safety Belt Systems - Mandatory Use - Exemptions - Penalty.

(A) As used in this section:

(1) "Motor vehicle" means a self-propelled vehicle intended primarily for use and operation on the public highways, including passenger cars, station wagons, vans, taxicabs, ambulances, motor homes, and pickups. The term does not include motorcycles, motorscooters, motor bicycles, motorized bicycles, passenger buses, school buses, and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations.

(2) "Safety belt system" means a system utilizing a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, which system conforms to federal motor vehicle safety standards.

(B) Unless exempted pursuant to subsection (C) of this section, every driver of and every front seat passenger in a motor vehicle equipped with a safety belt system shall wear a fastened safety belt while the motor vehicle is being operated on a street or highway in this state.

(C) The requirement of subsection (B) of this section shall not apply to:

(1) A child required by Section 39 to be restrained by a child restraint system;

(2) A member of an ambulance team, other than the driver, while involved in patient care;

(3) A peace officer, level I, as defined in section 18-1-901(3)(1)(I), C.R.S., while performing official duties so long as the performance of said duties in accordance with rules and regulations applicable to said officer which are at least as restrictive as subsection (B) of this section and which only provide exceptions necessary to protect the officer;

(4) A person with a physically or psychological disability prevents appropriate restraint by a safety belt system if such person possesses a written statement by a physician certifying the condition, as well as stating the reason why such restraint is inappropriate;

(5) A person driving or riding in a motor vehicle not equipped with a safety belt system due to the fact that federal law down not require such vehicle to be equipped with a safety belt system;

(6) A rural letter carrier of the United States postal service while performing duties as a rural letter carrier; and

(7) A person operating a motor vehicle which does not meet the definition of "commercial vehicle" as that term is defined in section 42-4-235(l)(a) C.R.S. for commercial or residential delivery or pickup service; except that such person shall be required to wear a fastened safety belt during the time period prior to the first delivery or pickup of the day and during the time period following the last delivery or pickup of the day.

(D) No driver in a motor vehicle shall be cited for a violation of subsection (B) of this section unless such driver was stopped by a law enforcement officer for an alleged violation of this Ordinance other than a violation of this section.

(E) Testimony at a trial for a violation charged pursuant to this Section may

include:

(1) Testimony by a law enforcement officer that the officer observed the person charged operating a motor vehicle while said operator or any passenger was in violation of the requirement of subsection (B) of this section; or

(2) Evidence that the driver removed the safety belts or knowingly drove a vehicle from which the safety belts had been removed.

(F) Evidence of failure to comply with the requirement of subsection (B) of this section shall be admissible to mitigate damages with respect to any person who was involved in a motor vehicle accident and who seeks in any subsequent litigation to recover damages for injuries resulting from the accident. Such mitigation shall be limited to awards for pain and suffering and shall not be used for limiting recovery of economic loss and medical payments.

Cross Reference: Section 42-4-237, C.R.S.

 

 

 

Section 41. Obedience to Railroad Signal.

(A) Any driver of a motor vehicle approaching a railroad crossing sip shall slow down to a traffic speed that is reasonable and safe for the existing conditions. If required to stop for a traffic control device, flag-person, or safety before crossing the railroad grade crossing, the driver shall stop at the marked stop line, if any. If no such stop line exists, the driver shall:

(1) Stop not less that fifteen feet nor more than fifty feet from the nearest rail of the railroad grade crossing and shall not proceed until the railroad grade can be crossed safely; or

(2) In the event the driver would not have a reasonable view of approaching trains when stopped pursuant to paragraph (1) of this subsection (A), the driver shall stop before proceeding across the railroad grade crossing at the point nearest such crossing where the driver has a reasonable view of approaching trains and shall not proceed until the railroad grade can be crossed safely.

(B) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed, nor shall any pedestrian pass through, around over, or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being Opened or closed.

Section 42. Penalty Assessment Procedure and Penalty Schedule

(A) Any person who violates any of the provisions of this ordinance commits a class 2 Petty Offense. Except when otherwise prohibited herein, the penalty assessment procedure provided in section 16-2-201, C.R.S. may be followed by the arresting officer for any such violation of this ordinance.

(B) The penalty schedule set forth in Subsection (C) below shall apply whether the violator is issued a penalty assessment notice or a summons and complaint. If the penalty assessment procedure is not used, and the alleged offender is found guilty, court costs may be assessed in addition to the fine. The penalty assessment procedure shall not apply to:

(1) A violation of section 3(F)(1) of this ordinance, in which the defendant exceeded the maximum lawful speed limit of sixty-five miles per hour by more than nineteen miles per hour;

(2) A violation of section 3(A) or 3 (F)(2) of this ordinance, in which the defendant exceeded the reasonable and prudent speed or the maximum lawful speed of fifty-five miles per hour by more than twenty-four miles per hour;

(3) The alleged violation has caused, or contributed to the cause of, an accident resulting in appreciable damage to property of another or injury or death to any person.

(4) The Defendant violated section 2 - Speed Contest, section 5 Eluding Police, section 6 - Reckless Driving, or section 24 Stopping for School Buses of this ordinance.

(C) The penalties for violating specific sections of this ordinance shall be as follows and are subject to an additional $ 10.00 surcharge pursuant to C.R.S. 30-15-402(2).

(1) Section 3 (Speed Limits)

(a) 3(A), F(1), F(2) $15.00

(I to 4 miles per hour over the reasonable and prudent speed or over the maximum lawful speed of 55 or 65 miles per hour)

(b) 3(A), F(1), F(2) $35.00

(5 to 9 miles per hour over the reasonable and prudent speed or over the maximum lawful speed of 55 or 65 miles per hour)

(c) 3(A), F(2) $50.00

(10 to 19 miles per hour over the reasonable and prudent speed or over the maximum lawful speed of 55 miles per hour)

(d) 3(F)(1) $50.00

(10 to 14 miles per hour over maximum lawful speed of 65 miles per hour)

(e) 3(F)(1) $75.00

(15 to 19 miles per hour over the maximum lawful speed of 65 miles per hour)

(f) 3(A), F(2) $100.00

(20 to 24 miles per hour over the reasonable and prudent speed or over the maximum lawful speed of 55 miles per hour)

(2) Section 4 - Minimum Speed Regulation $20.00

(3) Section 7 - Careless Driving $50.00

(4) Section 8 - Following Too Closely $35.00

(5) Section 9 - Unsafe Backing $15.00

(6) Section 10 - Passing Oncoming Vehicles $35.00

(7) Section 11 - Overtaking Vehicle on the Left $35.00

(8) Section 12 - When Overtaking on the Right $35.00

is Permitted

(9) Section 13 - Limitations on Overtaking on the Left $35.00

(10) Section 14 - Driving on Roadways Laned for Traffic $35.00

(11) Section 15 - Driving on Right Side – Exceptions $35.00

(12) Section 16 - Obedience to Official Traffic Control $35.00

Devices

(13) Section 17 - Traffic Control Signal Legend $35.00

(14) Section 18 - Position and Method of Turning at $35.00

Intersections

(15) Section 19 - Limitations on Turning Around $35.00

(16) Section 20 - Parking Vehicle on Paved Portion of $15.00

Highway

(17) Section 21 - Stopping, Standing or Parking Prohibited $15.00

in Specified Places)

(18) Section 22 - Parking - Physically Challenged or $50.00

Disabled

(19) Section 23 - Parking at Curb or Edge of Roadway $15.00

(20) Section 25 - Moving Parked Vehicle $15.00

(21) Section 26 - When Signal Required $35.00

(22) Section 27 -Signals by Hand and Aim or Signal Device $15.00

(23) Section 28 - Method of Giving Hand and Arm Signals $15.00

(24) Section 29 - Spilling Loads on Highway $35.00

(25) Section 30 - Stop When Traffic Obstructed $35.00

(26) Section 31 - Driving on Mountain Highways $35.00

(27) Section 32 - Driving on Roadways Laned for Traffic $35.00

(28) Section 33 -Obstruction of View or Driving Mechanism- $35.00

Hazardous Situation (29) Section 34- Windows Unobstructed-Certain Materials $50.00

Prohibited-Windshield Wiper Requirements

(30) Section 35 - Unattended Motor Vehicle $15.00

(31) Section 36 - Opening & Closing Vehicle Door $15.00

(32) Section 37 - Entering Through Highway-Stop or Yield $35.00

Intersection

(33) Section 38 - Operation on Approach of Emergency $50.00

Vehicles

(34) Section 39 - Child Restraint Systems for Children $50.00

Riding in Motor Vehicles

(35) Section 40 - Safety Belt Systems- Mandatory Use- $15.00

Exemptions-Penalty

(36) Section 41 - Obedience to Railroad Signal $35.00

(37) Section 2 - Speed Contest, Section 3(A) - Exceeding the reasonable and prudent speed under the conditions then existing, Section 3(F)(1) - Exceeding the maximum lawful speed of sixty-five miles per hour by more than nineteen miles per hour, Section 3(F)(2) Exceeding the maximum lawful speed of fifty-five miles per hour by more than twenty-four miles per hour, Section 5 - Eluding Police and Section 6 - Reckless Driving shall be punishable by a fine of not less than ten dollars nor more than three hundred dollars for each separate violation.

(38) Section 24 - Stopping for School Buses shall be punishable by a fine of not less than ten dollars nor more than three hundred dollars for each separate violation. If any person violating section 24 of this ordinance has been convicted within the previous five years of a violation of this section, then such violator shall be punished by a fine not less than one hundred dollars nor more than three hundred dollars for each separate violation.

Section 43. Disposition of Fines and Forfeitures

All fines and forfeitures for the violation of this ordinance shall be paid into the general fund of El Paso County. All surcharges collected shall be paid to the Clerk of the Court and subsequently credited to the Victims and Witnesses Assistance and

Law Enforcement Fund pursuant to C.R.S. 30-15-402(2).

Section 44. Interpretation

This ordinance shall be so interpreted and construed as to effectuate its general purpose to conform to the State's uniform system for the regulation of vehicles and traffic. Section headings and cross-references of this ordinance shall not be deemed to govern, limit, modify or affect in any manner the scope, meaning or extent of the provisions of this ordinance or any section thereof.

Section 45. Application

This ordinance shall apply to every street, alley, sidewalk area, driveway, park or other public property within the unincorporated territory of El Paso County, the use of which the County of El Paso has jurisdiction and authority to regulate.

Section 46. Definitions

(A) As used in this ordinance, such words and phrases shall have the following meanings.

(B) Whenever any words and phrases used in this ordinance are not defined herein but are defined in the State laws regulating vehicles and traffic, any such definition therein shall be deemed to apply to such phrases used in this ordinance.

(C) Words and Phrases

(1) "Authorized emergency vehicle" means such vehicles of the fire department, police vehicles, ambulances, and other special purpose vehicles as are publicly owned and operated by or for a governmental agency to protect and preserve life and property in accordance with state laws regulating emergency vehicles; said term also means such privately owned vehicles as are designated by the State Motor Vehicle Licensing Agency, necessary to the preservation of life and property, to be equipped and to operate as emergency vehicles in the manner prescribed by state law.

(2) "Business District" means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to motels, banks, office buildings, railroad stations,

public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.

(3) "County" means the unincorporated areas of the County of El Paso, State of Colorado.

(4) "Driver" means every person who drives or is in actual physical control of a vehicle.

(5) "Intersection" means 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 into conflict. Where a highway includes two roadways 30 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 30 feet or more apart, every crossing of two roadways of such highway shall be regarded as a separate intersection. The junction of an alley with a street or highway does not constitute an intersection.

(6) "Lane" means the portion of the roadway for the movement of a single line of vehicles.

(7) "Laned highway 'means a highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic.

(8) "Motor vehicle" means any self-propelled vehicle which is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways, but the term does not include motorized bicycles as defined in section 42-1-102(47) C.R.S., or vehicles moved solely by human power.

(9) "Official traffic control devices" means all signs, signals, markings, and devices, not inconsistent with state law, placed or displayed by authority of a public body or official having jurisdiction, for the purposes of regulating, warning or guiding traffic.

(I 0) "Official traffic control signal" means any device whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.

(I 1) "Park or parking" means 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.

(12) "Police officer" means every officer or Sheriff s Deputy authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

(13) "Residence district 'means the territory contiguous to and including a highway not comprising a business district when the frontage on such highway for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business.

(14) "Right-of-way" means the right of one vehicle operator or pedestrian to proceed in a lawful manner in preference to another vehicle operator or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other.

(15) "Road" means any highway.

(16) "Roadway" means the portion of a highway improved, designed, or ordinarily used for vehicular traffic, exclusive of the berm or shoulder. in the event a highway includes two or more separated roadways, "roadway" refers to any such roadway separately but not to all such roadways collectively.

(17) "School bus" means every motor vehicle which is owned by a public or governmental agency and operated for the transportation of children to or from school or which is privately owned and operated for compensation, but it does not include informal or intermittent arrangements, such as sharing of actual gasoline expense or participation in a car pool, for the transportation of children to or from school.

(18) "Sidewalk" means 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.

(19) "Stand or standing" means the halting of a vehicle, whether occupied or not, other than momentarily for the purpose of or while actually engaged in receiving or discharging passengers.

(20) "Stop or stopping" means, 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 other official traffic control device.

(21) "Street" or "highway" means 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 the 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.

Section 47. Severability

If any section, clause, sentence or part of this ordinance is adjudged by any court of competent jurisdiction to be invalid, such invalidity shall not affect, impair or invalidate the other provisions of this ordinance which can be given effect without such invalid provision.

Section 48. Effective Date

This ordinance shall be effective thirty days after publication after adoption on second reading, and the Board of County Commissioners authorizes publication of this Ordinance in book or pamphlet form.

 

FIRST READING:

INTRODUCED, READ AND ADOPTED ON FIRST READING on February1, l996, and ordered published in the El Paso County Advertiser and News.

SECOND READING:

ADOPTED ON SECOND AND FINAL READING on February 26, 1996.