HomeMy WebLinkAboutordinance.council.005-98 OROINANCE NO. ST, SEInES OF i998
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO,
AMENDING THE 1995 EDITION OF THE
"MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES,"
BY THE REORGANIZATION OF SUBSECTIONS.
WHEREAS, the City Council of the City of Aspen by Ordinance 28, Series of 1.996,
adopted the 1995 edition of the "Model Traffic Code for Colorado Municipalities"
with additions, modifications, and penalties, and
WHEREAS, the City Council of the City of Aspen by O~dinance 34, Series of 1997,
adopted further additions and modifications to the 1995 edition of the "Model Traffic
Code for Colorado Municipalities," and
W'HEREAS, the Model Traffic Co& of 1995, as amended, has been codified by
reference as SectiOn 24.04.020 of the Municipal Code of the City of Aspen, and
WHEREAS, folc purposes of clarity, it is desirable to have the additions, modifications,
and penalties re&ganized (in n~un~cal order), and
WHEREAS, the City Council desires to adopt for the benefit of the City of Aspen
-the following reorganized text of the previously referenced amendments to the ModelI
Traffic Code of 1995.
. NOW, THEREFORE, BE IT ORDMNED BY THE CITY COUNCIL OF.THE
CITY OF ASPEN, COLORADO, THAT: '
Section 1. Adoption.
The 1995 edition of the "Model Traffic Code for ~Colorado Municipalities,:' as amended,
was Mopted by the Aspen City' Council as Ordinance No. 28~ Series o~ 1996, on
Augus~12, 1996. The "Model Traffic COde for Colorado Municipalitids" was further
amended by the Aspen City Council through OrdinanCe No. 34, Series of 1997. The
subject matter of the Model Traffic Code relates primarily tq comprehensive traffic
control regulations for the City. 'The p~rpose of the previously adopted amendments
was to further provide a system of traffic regulations consistent with state law and
,generally conforming to similar regulatioris throughout the state and the nation.
The purpose of the reorganization adopted herein is to makeit easier for the Citizens
of Aspen and other interested parties to review and understand the.previOusly adopted
amendments: .Three (3) copies of the Model Traffic Code are filed in the office of the
Clerk of the City of Aspen, Colorado, and may b~ inspected' during regular business .
,hours.
Section 2. Text ofAmended Ordinan~e.
That Section 24.04.020, Model Traffic Code, of the MunicipalI Code .of~_e City of
Aspen, Colorado, is hereby repealed in its lentirety and reenacted to read as followd:
24.04.020 Model Traffic Code. ' '
(a) Adoption. Parsuant tO Parts 1 and 2 dfArticle i6 of Title 31; C.R,S. as amended,
there is hereby adopted, by reference.Articles land II, inclusive, of the 1995 edition Gf
th~ "Model Traffic Code for COlorado Municipalities;" promulgated and published as
' such by the Colorado Department of Tran~por-tation, Staff'Traffic ea~d Safety Projects
Branch, 4201 East Arkansas Avenue, Denver, Colorado 80222. The subject matter of
· the Model Traffic Code relates primarily to comprehensive traffic control. regulations
for the City. The purpose of the Ordinance and the Code adopted h'erein is to provide
a system of traffic regulations consistent with state law and gene. rally Conforming to
similar regulations,throughout the state and i!tion. Three (3) copies of the Model
'-Traffic Code adopted herein are now filed in the office of the Clerk of the City
of Aspen, Colorado, and may be inspected during regular b~siness hours.
(b) Additions or modifications. The said adopted code is subject to the following
additions or modifications: '
ARTICLE r '
Section 102.' Model Traffic Qode Section 202 is hereby mended by the addition of
the following subsection, which shall read as follows:
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(4) It is unlawful for any person to drive_or move or for the owner to cause or
knowingly permit to be driven or moved On any street or high. way within this municipality
arty vehicle or combination of vehicles which does not contain those parts or is not at all
times equipped with such lamps, reflectors, brakes horn anal other warning and l
signaling devices,,m'irro, rs, safety glass, cinders tires and other equipment, kept in.
proper condition and adjustment as r~qUired in 42-4-202 through 42-2-228 and
42-2-230 and 4)r4z301 through 42-4:306, CR.S. 1973, as amended or which is
equipped in'any manner in violation of said sections, or for any person to.do any act
forbidden or fail to perform any act required by and under said sections.
Section 601. Model Traffm Code, Section 601 is hereby repealed and reenacted
to read as follows:
Uniform specifications.
(a). All signs, markings, and signals required hereunder for a particular purpose, .
except signs regulating parking, shall be uniform' as' to type and location throughout
the municipa[ity as required by state law. The location, type and design of all parking
cOr~trol signs shal! be as determined by the director of the transpbrtation,department
for the City of Aspen.
(b) A~l traffic control devices ~o erected shall be official signs and official traffic
,control devices.
Section 613. Model Traffic Code SectiOn 613 i~ hereby mended by the addition oftlle
following section~ which shall read as follows: '
Obedience to stopping standing, or parking regulations. On a(zy ~treet or at any pla.~e
. within the municipality where official signs are posted giving notice of stripping,
standing, or parking restrictions or prohibitions, no person shall stop, stand or park a
vehicle in any manner in violation of the provisions contained on such sign or signs
except w. hen necessary to avoid conflict with other traffic, 'or in compliance ,vith the
dir&ctions of a police officer or official traffic Control device or except for the purpose of
loading or unloading passengers when such standing does not obstruct, impede or
endanger any 'traffic.
Section 1101(2)(c). Model Traffic Code Section 1101(2)(c) is hereby
repealed and reenacted to read as follows: :
-~'wenty-~ve miles per hour in any residence district, as defined in section
42-1-102(80), C.R.S.;
Section 1204(1). Model Traffic Code Section 1204(1) is heraby amended by the
repeal and ieenactment of sixbsegtion (k) and the addition of subsections (1), (m), and
(n), which shall read as follows:
Except as otherwis~ provided in subsection (4) of this section, no person shall stop,
stand, or park a vehicle, except when necessary to avo!d conflict with ottter traffic
or in compliance. with the directions of a police officer or an official traffic'control
device, in any of the following places: -
(k) At any other place,wher~ official signs prohibit stopping, standing or parking.
(l) In alleyways, tru~k loading zones, and passenger .loading zonFs except during
the necessary and expeditious loading and unloading of merchandise, freight, or '
passengers.
(m). Within twenty (20)feet of the driveway entrance ~o any fire station and on the side
of a ~treet opposite the entrance to any fire station within seventy-~i~e (75)feet' of }aid
entrance when properly posted.'
t'n). Within two (2)feet of a .walkway leading to a residence where no sidewalk exists.
Section 1204(2). Model Traffic Code Section 1204(2) is hereby repealed
and reenacted to read as follows:
Except as otherwise provided to subsection (4) of this secti6n. in addition to the
restrictions specified in subsection (t) of this section. no person shall stand or park i~
vehicle. except when necessar), to avoid conflict with other traffic, or_ in compliance with
the directions of a duly authorized official or official traffic contrbl device or except for
the purpose of loading or unloadingpassengers when such standing does not obstruct.
impede or endanger any traffic, in any of the following places:
(a) Within ~ve feet of a public or prtvate driveway or alleyway;
(b) Within ~fieen Jket of a ~re hydrant;
(c) Within twenty feet of a crosswalk at an intersection,'
(d) Within thirty feet upon the approach to any flashing beacon or signal, stop stgn,
yield sign, or traffic control signal located at the side of a roadway'
(e) Within twenty feet of the driveway entrance to any fire .startion or, on the side of
a street opposite the entrance to any fire station, within seventy-five.[bet of said entrance
when properly signposted,'
69 At any oth~r pl~ce where official signs prohibit standing.
Section 1205. Model Traffic Code Section 1205 is hereby amended by the
addition of'.the following subsections, which shall read as follows:
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(4) Obedience to angle parking szgns or markings. On those streets
which have been approved and signed or marked for angle parking, no person shrill
stop, stand or park a vehicle other than at the angle to the 'curb or edge of the_ rc;adway
indicated by such signs or markings.' and such vehicle shall be so parked with its pont
wheel no more than six (6) inches fi'om the curb
{5) Parking not to obstruct traffic or maintenance. No person shall parlc any vehicle
upon a street or highway in such a mann'er or under such conditions as to interfere with
the fi'ee movement of vehicular traffic or proper street or highway maintenance or to
leave any vehicle parked at the same place or substantially the same place for a period of
seventy-two(72) hours.
Section 1208(2). Model Traffic Code Section 1208(2) is hereby mended by
the addition of the following subsection, which shall read as follows:
In a jurisdiction recognizing the privilege ("parking privileges for persons with
disabilities '~ defined by this subsection (2), a vehicle with distinguishing license
plates or an identiJS;ing placard may be parked in public parking are.as along public
streets regardless of any time limitation imposed upon parking in such area.' except
that the privilege need not apply to zones in which'
(d) Parking zs restricted to short-t_erm parking of thirty minutes or less, as imposed'
by official s~gns or meters.
SeCtion 1212. Model Traffic Code Section 1212 is hereby amended by the addition of
Section 12t2, which shall read as follows:
Parking meter zones. Wherever parking meter zones have been established on streets
or m parking areas regulated by this municipality, the parking of vehicles at places;
streets i~r parts of streets so designated shall be controlled b2, parking meters between the
hours and on the days specified on authorized parking meter signs Or legends.
Section 1213. The Model Traffic Code is hereby amended by the addition of
Section 1213, which shall read as follows:
Parking meters. Parking meters 'installed in parking meter zones established in this
municipality shall be so designed constructed installed and set as to meet the following
Conditions: -
(1) Said meters shall be capable of being operated either automatically or mechanic'ally,
upon the deposit therein of one or more coins or of United States currency
or authorized cards or tokens, for the fu~'~ period of time for which parking is lawfully
permitted in any such parking meter'zone or. in lieu thereof, for an appropriate fractional
period of time. Meters may, as indicated b2v authorized parking meter signs or legends.
regulate parking !n either individual parking spaces or multiple parking spaces.
(~) Individual space parking meters. Upon the expiration-of the time pkriod registered '
by the deposit on one br more coins. tokens. or cards as provided herein. parking meters
for individual parking spaces shall indicate by an appropriate signal that the lawful
parking meter?eriod has expired and during said perio. d of time 'and prior to the
expiration thereof, will indicate the interval of time which remains of such period
(3) Multiple space parking meters. Upon the deposit of one or more coins tokens,
or cards as provided herein, parking meters regulating multiple parking spaces shall
issue a printed receipt indicating the date of issuance, and expiration time of the interval
of authorized parking.
(4), Each parkilng mete~; shall bear thereon an authorized sign or message clearly
legible indicating the days'and hours when the requiremknt to deposit coins. tokens or
cards shall apply, the value of the coins. tokens or cards to be deposited and the limited
period of time for which parking is lawfully permitted in the parking meter zone in which
such meter is located
(,5). The city may authorize the use of portable. in-vehicle meters for use in multiple
space parking meter zones. Such portable meters. whenproperly.operated may be used
in lieu of receipts issued by multiple ~pace parking meters. Portable meters. when used
must be clearly visible, hangingJ?om the rear view mirrorof the vehicle for which the
meter is used Unless otherwise 'authorized by the city, pbrtable meters shall require
thb samd rate of payment per unit of time as is applicable to the multiple space parking
meter zone in which the portable meter is used
Section!214. The Model Traffic Code is hereby amended by the addition of
Section 1214, which shall read as follows:
Parking meter spaces.
(a) Individual pa,rking meters. Pdrking meter spaces for individual space parking
meters shall be of appropriate length and width as determin&d by an engineering and
traffic investigation zmd may.be designated by appropriate markings on the curb and/or
pavement of the street. Every vehicle parked in an angle parking space regulated by an
individual space parking meter shall be parked wholly in the me. tered space, with the
pont end or~'ont portion of such vehicle immediately adjacent to the parking meter for
such space. Every vehicle parked in a parallel parking space regulated by an individual
space parking meter sha~l be parked wholly in the metered space, with either thepont
end or J~ont portiol~ or the rear endor rear portion of such vehicle immediately adjacent
to the parking meter for Such space. ' ' '
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(b) Multiple space parking meters. In zones regulated by multiple space parking
meters. vehicles shall be parked either parallel or diagonal to the curb, as may be
indicated by official signs. Vehicles parked in a manner so that anyportion of the
' vehicle is within the zone regulated by the .multiple space meter shall be required to pay
the amount indicated. by the meter for parking in that zone.
(c) Except where prohibited by other provisions of this Code. a vehicle which is of
a size too large to be parked within a single parking meteF space shall be permitted to
occupy two adjoining parlring meter spaces when coins tokens or cards have been
deposited in the parking meter for each space so occupied as is required for the parking
of other vehicles in sudh spaces.
Section-1215. The Model Traffic Code is hereby amended by the addition of
Section 12f5, which shall read as follows:
Deposit of coins. tokens or cards. time 'limits.
(a) Individual space parking meters. No person shall, park a vehicle in any parking
space upon a street alon, g side of. next to. or adjacent to which an individual parking
space meter has been installed during th_e restricted and regulated time applicable to the
parking meter zone in which such meter is located unless a coin or coins of United States
currency or authorized tokens of the. appropriate denomination as provided in this Code
shall have been depositrid therein, or shall have been previously deposited therein for an
unexpi~:ed interval of time, and said meter has been placed in operation.
(b) Multiple space pa~king meters. ~Vo person shall pa~k a vehicle in any multiple
space parking meter zone, as indicated by official signs, during th~ restricted and
regulated (ime applicable to the multiple space parking meter zone unless a coin o~ coins
of United States currency or authorized tokens or cards of the appropriate denominations
as provided in this Code shall have be~n deposited therein, a receipt therefor received
J~om the multiple space parking meter, and the receipt clearly displayed on the
dashboard indicating an unexpired interval of time,' i~r, such vehicle displays a validly
issued and properly operated portable, in-vehicle meter. No p~rson shall display more
than one multiple space parking meter receipt on the dashboard ofany ~,ehicle at one
time.
(c) No person shall permit a Vehicle under the person's contro~ to be parked in a,~y
parking meter ipace or parking meter zone for a consecutive period of time longer than
that limited period of time for which parking is lawfully permitted in the parking meter
space or zone, irrespective of the number or amount of coins, tokens or cards deposited
in the meter regulating such space or zone.
(d) No perso;~ shall permit a vehicle within his control to be parked in any parking
meter .space or zone during the restricte'dand regulated time applicable to the parking
meter space or zone while the'parking meter for su.ch space i;zdicates by signal that the
lawful parking time in such space is expired or in multiple space parking meter zones,
without displaying a valid multiple space parking meter receipt. This provision shall not
apply to the act of parking Or the hecessary time which 4s required to deposit immediately
thereafter coins, tokens or'cards in such meter.
(e) ,A vehicle may'be parked in'a parking meter space or zone without operation of
the meter on Sundays, on holidays as defined by this Code, and during those hours of the
day when the requirement to deposit coins, tokens or cards does not apply, as determined
fi'om the parking meter sign or legend
09 The provisions of this section shall not relieve any person J?om the duty to observe
other and more restrictive provisions of this Code OP. official signs or parking meter
, legends prohibiting or limiting the stopping, standing orparking of vehicles in specified
places, at specified times, or in' a specified manner.
(g) No person shall deposit or attempt to deposit in anypar, king meter any slug, button~
or any other device or s. ub}taiwe as substitutes for coins of United States .currency,'
authorized tokens or cards, and no person sh~ll deposit any lawful coin, token or card.
that is bent, cut, torn, battered or otherwise misshapen.
Section 1216. The Model Traffic Code is hereby ameiided by the addition of
Section 1216, which shall read ils follows:
Clearance between vehicles. No person shall stand or park a Vehicle in such a manner as
to leave available less than 2feet clearance between vehicles When parked
Section 1217. The Model Traffic Code is here6y amended by the addition of
Section 1217, which shall read as follows':
Parking for certain purposes prohibited No person shall park a vehicle upon
a roadway for the principalpurpose of.'
(a) Displaying such vehicle for sale; ,
(b) Washing, greasing, painting, or repairing such vehicle except repairs necessitated
by an emergency,' '
(c) Displaying advertising.
Secti. on 1218. The Model T~affic Code is hereby amended by the addition of Section
1218, which shall read as follows:
Fraudulent use of parking resources. No pers~on shah park a vehicle upon a 8tree. t or in
azi alley of the City of Aspen using action or actions intended to circumvent the
enforcement of the 1995 edition of the "Model Traffic Co&for Colorado
· Municipalities" as-amended by ordinances of the City of ASpen.
Section 1415. The Model Traffic Code is hereby amended by the addition of Section
1415, which shall read as follows:
Violation of registr, ation provisions. It is unlawful for any person:
To park, or for the owner or operator thereof knowingly to permit the parking
upon a street or property of the Ciej of Aspen, of an2v vehicle or trailer coach
subject to registration under the laws of the State of Colorado or the laws 6f any
other jurisdiction, which is not registered pursuant to Colorado law or which
does not have attached thereto and displayed thereon the number plate or plates
assigned thereto by the department for the current registration year. This sectio
' does not apply to vehicles or trailer coaches with dealerpieties or depot tags
displayed in accordance with laws applicable to such use for motor vehicle
dealers and manufacturers.
ARTICLE II
Section 102. Model Traffic Code, Article II, Section 102, is h~reby
amended by the addition of the following subsection, which ~hall read as follows:
(29.5) "Holidays." ~Vhere used in this ordinance or on official signs, "holidays"
shaH in addition.to Sundays mean New Year's Day. Martin Luther King, ,Jr. Day~
Presidents.' Day,' Independence Day, Labor Day, Columbus Day, Thanksgiving Day,
Christmas Day and any such additional statutory holidays as may by ordinance be
declared applicable.
(c) Penalties. The following p~nalties, herewith set forth in full, shall apply to this
section.
(1) It is unlawful for any person to violaie any of the provisions stated or adopted in
this section.
(2) Every person convicted of a violation of any provision stated or adopted in this
section shall be punished by a fine not exceeding one thousand dollars ($1,000.00), or by
imprisonment not exceeding one year, or by both such~fifie and imprisonment.
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(d) Appiication.. This ~ection shall apply to eve .ry street, alley, side~valk area, driveway,
park, and 'to every other public way or public place or public parking area,
either within or outside the c,orporate limits of this municipality, the use of which this
municipality has jurisdiction and authority 16 regulate. The provisions of Sections
606, 1211, 1401, 1402, and ~1413 ofthe/~doptedModel Traffic Code respectively
concerning unauthorized devices, limitations on backing, reckless driving, careless
driving~ and eluding officer shall apply not only to publi~ places and ways' but also
thri>ughout this municipality.
Section 3.
This ordinance shall not have any effect on existing litigation and shall not operate
as an abatement of any action or procee~ng now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall ~be construed
and concluded under such prior ordinanceS.
gection 4.
,If any section, ~ubsecti0n, sentence, clause, phrase or portion 6fthis ordinance is
for any reason held inva'lid Or unconitit~tional in a coirt of competent jurisdiction, · '
such portion shall be 'deemed a separate, distinct, and independent provision and shall
not affect the Validity of the remaining portions thereof.
Section 5.
A public hearing on the' ordinance shall be held on the ,day of ,1998,
i,n.the City CounCil Chambers, Aspen Cit~ Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law
by the fAspen on. e ay o,f~'~~,(1998.
· johS.~Bennett
,,,MayOr
ATTEST:
~ath~.n S~oeh,'City Clerk x
1998.
John tt, Mayor
ATTEg~:
~C Clerk
· ~ i~~
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