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ORDINANCE NO. 28, SERIES OF 1996
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, ADOPTING BY REFERENCE THE 1995 EDITION OF THE
"MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES,"
REPEALING ORDINANCE PROVISIONS IN CONFLICT THEREWITH, AND
PROVIDING PENALTIES FOR VIOLATION THEREOF.
WHEREAS, the City Council of the City of Aspen previously adopted the 1977
edition of the "Model Traffic Code for Colorado Municipalities," with additions and
modifications, and
WHEREAS, the Model Traffic Code of 1977, as amended, has been codified by
reference as Section 24,04,020 of the Municipal Code of the City of Aspen, and
WHEREAS, the City Council desires to adopt for the benefit of the City of Aspen
the 1995 edition of the "Model Traffic Code for Colorado Municipalities," to repeal
the 1977 edition of the "Model Traffic Code for Colorado Municipalities," as amended,
and implement recommended changes in the 1995 edition,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1. Adoption,
Pursuant to Parts 1 and 2 of Article 16 of Title 31, C,R,S" as amended, there is
hereby adopted by reference Articles I and II, inclusive, of the 1995 edition of the
"Model Traffic Code for Colorado Municipalities," promulgated and published as
such by the Colorado Department of Transportation, Staff Traffic and 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 herein is to provide
a system of traffic regulations consistent with state law and generally conforming to
.
similar regulations throughout the state and the nation, Three (3) copies of the
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.
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 business hours,
Section 2, Text of Amended Ordinance,
That Section 24,04,020, Model Traffic Code, of the Municipal Code of the City of
Aspen, Colorado, is hereby repealed and reenacted to read as follows:
24J14.010 Model Traffic Code.
(a) Adoption, Pursuant to Parts 1 and 2 of Article 16 of Title 31, CRS, as amended,
there is hereby adopted by reference Articles I and n, inclusive, of the 1995 edition of
the "Model Traffic Code for Colorado Municipalities," promulgated and published as
such by the Colorado Department of Transportation, Staff Traffic and 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 herein is to provide
a system of traffic regulations consistent with state law and generally conforming to
similar regulations throughout the state and nation, 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 business hours,
(b) Additions or modifications, The said adopted code is subject to the following
additions or modifications:
(1) Section 1205, Model Traffic Code Section 1205 is hereby amended by the
addition ofthe following subsections:
(4) Obedience to angle parking signs or markings, On those streets
which have been approved and signed or marked for angle parking, no person shall
stop, stand or park a vehicle other than at the angle to the curb or edge of the roadway
indicated by such signs or markings; and such vehicle shall be so parked with its front
wheel no more than six (6) inches from the curb,
(5) Parking not to obstruct traffic or maintenance, No person shall
park any vehicle upon a street or highway in such a manner or under such conditions as
to interfere with the free movement of vehicular traffic or proper street or highway
maintenance or to leave any vehicle parked at the same place, for a period of seventy-two
(72) hours,
(2) Section 1204(1), Model Traffic Code Section 1204(1) is hereby amended by the
addition of the following subsections:
(I), In alleyways except during the necessary and expeditious loading
and unloading of merchandise or freight;
(m), Within twenty (20) feet of the driveway entrance to any fire
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lit
station and on the side of a street opposite the entrance to any fire station within
seventy-five (75) feet of said entrance when properly posted;
(n), Within two (2) feet of a walkway leading to a residence where no
sidewalk exists,
(3) 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 section, in addition to the
restrictions specified in subsection (1) of this section, no person shall stand or park a
vehicle, except when necessary to avoid conflict with other traffic, or in compliance with
the directions of a duly authorized official or official traffic control
device or except for the purpose ofloading or unloading passengers when such standing
does not obstruct, impede or endanger any traffic, in any of the following places:
(a) Within five feet of a public or private driveway;
(b) Within fifteen feet of a fire hydrant;
(c) Within twenty feet of a crosswalk at an intersection;
(d) Within thirty feet upon the approach to any flashing beacon or signal, stop sign,
yield sign, or traffic control signal located at the side of a roadway;
( e) Within twenty feet of the driveway entrance to any fire station or, on the side of
a street opposite the entrance to any fire station, within seventy-five feet of said entrance
when properly signposted;
(f) At any other place where official signs prohibit standing,
(4) Section 1208(2), Model Traffic Code Section 1208(2) is hereby amended by
the addition of the following subsection:
(d) Parking is restricted to short-term parking of thirty minutes or less, as imposed
by official signs or meters,
(5) Section 1212, The Model Traffic Code is hereby amended by the addition of
Section 1212, which shall read as follows:
Parking meter zones, Wherever parking meter zones have been established on streets
or in parking areas regulated by this municipality, the parking of vehicles at places, streets
or parts of streets so designated shall be controlled by parking meters between the hours
and on the days specified on authorized parking meter signs or legends,
(6) 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
mechanically, upon the deposit therein of one or more coins or of United States currency
or authorized cards or tokens, for the full period oftime for which parking is lawfully
permitted in any such parking meter zone or, in lieu thereof, for an appropriate fractional
period oftime, Meters may, as indicated by authorized parking meter signs or legends,
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regulate parking in either individual parking spaces or multiple parking spaces,
(2) Individual space parking meters, Upon the expiration of the time period registered
by the deposit on one or more coins, tokens, or cards as provided herein, parking meters
for individual parking spaces shall indicate by an appropriate signal that the lawfiJI
parking meter period has expired, and during said period oftime and prior to the
expiration thereof, will indicate the interval oftime 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 parking meter shall bear thereon an authorized sign or message clearly
legible indicating the days and hours when the requirement to deposit coins, tokens or
cards shall apply, the value of the coins, tokens or cards to be deposited, and the limited
period oftime for which parking is lawfully permitted in the parking meter zone in which
such meter is located,
(5) The city may authOlize the use of portable, in-vehicle meters for use in multiple
space parking meter zones, Such portable meters, when properly operated, may be used
in lieu of receipts issued by multiple space parking meters, Portable meters, when used,
must be clearly visible, hanging from the rear view mirror of the vehicle for which the
meter is used, Unless otherwise authorized by the city, portable meters shall require
the same rate of payment per unit oftime as is applicable to the multiple space parking
meter zone in which the portable meter is used,
(7) Section 1214, The Model Traffic Code is hereby amended by the addition of
Section 1214, which shall read as follows:
Parking meter spaces,
(a) Individual parking meters, Parking meter spaces for individual space parking
meters shall be of appropriate length and width as determined by an engineering and
traffic investigation and 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 metered space, with the
front end or front 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 shall be parked wholly in the metered space, with either the front
end or front portion or the rear end or rear portion of such vehicle immediately adjacent
to the parking meter for such space,
(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 any portion 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 meter space shall be permitted to
occupy two adjoining parking 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
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of other vehicles in such spaces,
(8) Section 1215, The Model Traffic Code is hereby amended by the addition of
Section 1215, 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 along side of, next to, or adjacent to which an individual parking
space meter has been installed during the restricted and regulated time applicable to the
parking meter zone in which such meter is located unless a coin or coins of United States
currency or authorized tokens of the appropriate denomination as provided in this Code
shall have been deposited therein, or shall have been previously deposited therein for an
unexpired interval of time, and said meter has been placed in operation,
(b) Multiple space parking meters, No person shall park a vehicle in any multiple
space parking meter zone, as indicated by official signs, during the restricted and regulated
time applicable to the multiple space parking meter zone unless a coin or coins of United
States currency or authorized tokens or cards of the appropriate denominations as
provided in this Code shall have been deposited therein, a receipt therefor received from
the multiple space parking meter, and the receipt clearly displayed on the dashboard
indicating an unexpired interval oftime; or, such vehicle displays a validly issued and
properly operated portable, in-vehicle meter. No person shall display more than one
multiple space parking meter receipt on the dashboard of any vehicle at one time,
(c) No person shall permit a vehicle under the person's control to be parked in any
parking meter space or parking meter zone for a consecutive period oftime 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 person shall permit a vehicle within his control to be parked in any parking
meter space or zone during the restricted and regulated time applicable to the parking
meter space or zone while the parking meter for such space indicates 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 necessary time which is 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 detennined
from the parking meter sign or legend,
(f) The provisions ofthis section shall not relieve any person from the duty to observe
other and more restrictive provisions of this Code or official signs or parking meter
legends prohibiting or limiting the stopping, standing or parking of vehicles in specified
places, at specified times, or in a specified manner.
(g) No person shall deposit or attempt to deposit in any parking meter any slug,
button, or any other device or substance as substitutes for coins of United States currency,
authorized tokens or cards, and no person shall deposit any lawful coin, token or card
that is bent, cut, tom, battered, or otherwise misshapen,
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(9) Section 1216, The Model Traffic Code is hereby amended by the addition of
Section 1216, which shall read as follows:
Clearance between vehicles, No person shall stand or park a vehicle in such a maImer
as to leave available less than 2 feet clearance between vehicles when parked,
(10) Parking for certain purposes prohibited, No person shall parka vehicle upon a
roadway for the principal purpose of:
(a) Displaying such vehicle for sale;
(b ) Washing, greasing, painting, or repairing such vehicle except repairs necessitated
by an emergency;
(c) Displaying advertising,
(11) Section 601, Model Traffic 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 municipality as required by state law, The location, type and design of all parking
control signs shall be as determined by the director of the transportation department
for the City of Aspen,
(b) All traffic control devices so erected shall be official signs and official traffic
control devices,
(12) Section 202, The Model Traffic Code is hereby amended by the addition of
the following subsection, which shall read as follows:
(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 highway within this municipality
any vehicle or combination of vehicles which does not contain those parts or is not at
all times equipped with such lamps, reflectors, brakes, horn and other warning and
signaling devices, mirrors, safety glass, fenders, tires and other equipment, kept in
proper condition and adjustment as required in 42-4-202 through 42-2-228 and
42-2-230 and 42-4-301 through 42-4-306, C,R,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,
(13) Article II, Section 102, Model Traffic Code, Article II, Section 102, is hereby
amended by the addition of the following subsection, which shall read as follows:
(29,5) "Holidays," Where used in this ordinance or on official signs, "holidays"
shall 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,
(14) Section 1101(2)(c), Model Traffic Code Section 1101(2)(c) is hereby
repealed and reenacted to read as follows:
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Twenty-five miles per hour in any residence district, as defined in section
42-1-102(80), C.R.S,;
(c) Penalties, The following penalties, herewith set forth in full, shall apply to this
section,
(1) It is unlawful for any person to violate 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 ($1,000,00), or by
imprisonment not exceeding one year, or by both such fine and imprisonment.
(d) Application, This section shall apply to every street, alley, sidewalk area,
driveway, park, and to evelY other public way or public place or public parking area,
either within or outside the corporate limits of this municipality, the use of which this
municipality has jurisdiction and authority to regulate, The provisions of Sections
606, 1211, 1401, 1402, and 1413 of the adopted Model Traffic Code respectively
concerning unauthorized devices, limitations on backing, reckless driving, careless driving,
and eluding officer shall apply not only to public places and ways but also throughout
this municipality,
Section 3
This ordinance shall not have any effect on existing litigation and shall not operate
as an abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be constmed
and concluded under such prior ordinances,
Section 4
If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held invalid or unconstitutional in a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and shall
not affect the validity of the remaining portions thereof
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Section 5
A public hearing on the ordinance shall be held on the LR day of flu r '
1996, in the City Council Chambers, Aspen City Hall, Aspen, Colorado,
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law
by the City Council of the City of Aspen on the 22- day of T"'7J--- , 1996,
(LL, (}~~'-
JoI$S. Bennett, Mayor
ATTEST:
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FINALLY adopted, passed and approved this /~ day of aur
1996,
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John : Bennett, Mayor
ATTEST:
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STATE 0:8 COLORADO
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DEPARTMENT OF TRANSPORTATlO~.~
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Denver, Colorado 80222 ft~ \ ,\
(303) 757-9011 ,.; 'I'::,
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File No. 881.l5 N *"
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TRAFFIC
(Ordinances)
September l2, 1996
Hon. John S. Bennett
Mayor
City of Aspen
130 South Galena St.
Aspen, CO 81611
Dear Mayor Bennett:
We are pleased to send, for the City's records, the attached
approval, the exception notwithstanding, by the Colorado
Department of Transportation of Ordinance No. 28 series 1996 of
the Municipal Code adopting the 1995 Model Traffic Code for
Colorado Municipalities.
Thank you for the cooperation given our Department personnel.
Sincerely,
=..-..-~9-Sl D.h~
W~THEW' REAY
Staff Traffic Engineer
MR:hh
Attach.
cc:
David Hoefer, Assit,
R. Moston/J. Nall
File
w/attach. -'
City Attorney
w/attach.
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DEPARTMENT OF TRANSPORTATION
STATE OF COLORADO
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4201 East Arkansas Avenue
Denver, Colorado 80222
(303) 757,9011
Hon, John S. Bennett
Mayor, City of Aspen
Aspen, Colorado 816ll
Mayor Bennett:
In accordance with article 16 of title 31, Colorado Revised
Statutes and section 42-4-110 (l) (b) and (e), C.R.S., Ordinance
No. 28 series 1996 of the City Code dated August 12, 1996
adopting the 1995 Model Traffic Code for Colorado Municipalities,
with amendments, is hereby approved as to all traffic
restrictions contained therein, insofar as such traffic
restrictions pertain to streets within the City which are part of
the State Highway System.
Except for - page 6, (ll) Section 601 "Uniform specifications"
of Ordinance No. 28, 1996 series - is disapproved..
DATED this
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~fe-v../;c-'/ ,l996.
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tI JAMES E, SIEBELS
Chief Engineer
Engineering, Design, and
Construction
day of
ATTEST:
f::L<<J0/!lk~~
ROBERT B. MARUSIN
Chief Clerk
545