HomeMy WebLinkAboutordinance.council.049-03 ORDINANCE NO./-~"], SERIES OF 2003
AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE CITY
COUNCIL OF ASPEN, COLORADO, ADOPTING By RE~NCE THE 2003
EDITION OF THE "MODEL TRAFFIC CODE," REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH, AMENDING AND ADDING
SUBSECTIONS THERETO, AND PROVIDING PENALTIES FOR VIOLATION
THEREOF.
WHEREAS, the City Council of the City of Aspen by Ordinance 28, Series of 1996,
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 Ordinance 34, Series of 1997,
adopted further additions and modifications to the 1995 edition of the "Model Traffic
Code for Colorado Municipalities," and
WHEREAS, the City Council of the City of Aspen by Ordinance 5, Series of 1998,
amended the 1995 Edition of the "Model Traffic Code for Colorado Municipalities" by
the reo~:ganization of subsections, and
WHEREAS, the Model Traffic Code 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, the City Council desires to adopt for the benefit of the City of Aspen the
2003 edition of the "Model Traffic Code for Colorado," to repeal the 1995 edition of the
"Model Traffic Code for Colorado Municipalities," as amended, and implement
recommended changes in the 2003 edition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE
CITY OF ASPEN, COLORADO, THAT:
Section 1. Adoption.
Pursuant to Parts 1 and 2 of Article 16 of Title 31, and Part 4 of Article 15 of Title 30,
C.R.S., there is hereby adopted by reference Articles I and II, inclusive, of the 2003
edition of the ,Model Traffic Code" promulgated and published as such by the Colorado
Department of Transportation, Safe~y and Traffic Engineering Branch, 4201 East
Arkansas Avenue, Ep 700, Denver, 'Colorado 80222. The subject matter of the Model
Traffic Code relates primarily to comprehensive traffic control regulations for the City.
The purpose of this 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
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 reguiar 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:
24.04.020 Model Traffic Code.
(a) Adoption. Pursuant to Parts 1 and 2 of Article 16 of Title 31 and Part 4 of Article 15
of Title 30, C.R.S., there is hereby adopted by reference Articles ! and II, inclusive o£the
2003 edition of the "Model Traffic Code" promulgated and published as such by the
Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201
East Arkansas Avenue, EP 700, 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 confon,aing to
similar regulations throughout the state and nation. Three (3) copies of the Model
Traffic Code adopted herein are now flied in the Office of the Clerk of the City
of Aspen, Colorado, and may be inspected during regular business hours.
(b) Deletions. The 2003 edition of the Model Traffic Code is adopted as if set out at
length save and except the following articles and/or sections which are declared to be
inapplicable to this municipality and are therefore expressly deleted:
Please see the section on additions and modifications immediately following.
(c) Additions or modifications. The said adopted Code is subject to the following
additions or modifications:
ARTICLE I
Section 202. Model Traffic Code Section 202 is hereby amended by the addition of
the following subsection, which shall read as follows:
(4) It is unlawful for any perso~ 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.
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 Gty of Aspen.
(b) All traffic control devices so erected shall be official signs and official traffic
control devices.
(Errata) Section 614(2). At Section 614(2) in the fourth sentence that begins with the
words "Local authorities," the ninth word "sing" should be "sign."
(Errata) Section 615(3). At Section 615(3) in the first line insert the word "apply"
between the words "not" and "if." To wit, "This section does not apply if..."
Section 616. Model Traffic Code Section 616 is hereby created by the addition of the
following section, which shall read as follows:
Obedience to stopping, standing, or parking regulations. On any street or at anyplace
within the municipality where official signs are posted giving notice of stopping,
standing, or parh'ng restrictions or prohibitions, n operson shall stop, stand, or park a
vehicle in any manner in violation of the provisions contained on such sign or signs
except when necessary to avoid conflict with other traffic, or in compliance with the
directions 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)(e). Model Traffic Code Section 1101(2)(c) is hereby repealed and
reenacted to read as follows:
Twenty-five 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 hereby amended by the
repeal and reenactment of subsection (k) and the addition of subsections (1), (m), and
(n), which shall read as follows:
Except as otherwise provided in subsection (4) of this section, no person shall stop,
stand, or park a vehicle, except when necessary to avoid conflict with other traffic
or in compliance with the directions ora police officer or an official traffic control
device, in any of the following places:
(7c) At any other place where official signs prohibit stopping, standing, or parking,
(l) In alleyways, truck loading zones, and passenger loading zones except during
the necessary and expeditious loading and unloading of merchandise, freight, or
passengers.
(m). Within twenty (20)feet of the driveway entrance to any fire 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 poste&
(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 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 of loading 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 or alleyway;
(b) Within fifleen feet of afire 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 anyfire station, within seventy-five feet of said entrance
when properly signposted;
(/) At any other place where official signs prohibit standing.
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Section 1205. Model Traffic Code Section 1205 is hereby amended by the
addition of the following subsections, which shall read as follows:
(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 or substantially the same place for a period of
seventy-two(72) hours.
Section 1208(2). Model Traffic Code Section 1208(2) is hereby amended 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 identifying placard may be parked in public parking areas along public
streets regardless of any time limitation imposed upon parking in such area; except
thqt the privilege need not apply to zones in which:
Parking is restricted to short-term parking of thirty minutes or less, as imposed
by official signs or meters.
Section 1212. Model Traffic Code Section 1212 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.
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 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 by authorized parMng meter signs or legends,
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 lawful
parking meter period has expired, and during said period of time and prior to the
expiration thereof, will indicate the interval of time which remains of such period.
(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 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, 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 of time as is applicable to the multiple space parking
meter zone in which the portable meter is used.
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
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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 beparked within a singleparking meter space shall bepermitted to
occupy two adjoiningparking 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 such spaces.
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 of time; 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 orparking 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 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
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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, a~ determ#ied
from the parking meter sign or legend.
~ Theprovisions of this section shall not relieve anypersonfrom 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 parldng 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 devi~e 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, torn, battered, or otherwise misshapen.
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 manner
as to leave available less than 2feet clearance between vehicles when parked.
Section 1217. The Model Traffic Code is hereby 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.
Section 1218. The Model Traffic Code is hereby amended by the addition of Section
1218, which shall read as follows:
Fraudulent use of parking resources. No person shall park a vehicle upon a street or in
an alley of the City of Aspen using action or actions intended to circumvent the
enforcement of the 1995 edition of the "Model Traffic Code for Colorado Municipalities"
as amended by ordinances of the City of Aspen.
Section 1416. The Model Traffic Code is hereby amended by the addition of Section
1416, which shall read as follows:
Violation of registration provisions. It is unlawful for anyperson:
To park, or for the owner or operator thereof knowingly to permit the parking
upon a street or property of the Ci(y of Aspen, of any vehicle or trailer coach
subject to registration under the laws of the State of Colorado or the laws of any
other jurisdiction, which is not registered pursuant to Colorado law or which
does not have attached thereto and displayed thereon the number pIate or plates
assigned thereto by the department for the current registration year. This section
does not apply to vehicles or trailer coaches with dealer plates 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 hereby
amended by the addition of the following subsection, which shall read as £ollows:
(29.5) "Holidays." Where 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, fndependence Day, ]Labor Day, Columbus Day, Thanksgiving Day,
Christmas Day and any such additional statutory holidays as may by ordinance be
declared applicable.
(d) 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 adopted in this
ordinance.
(2) Every person convicted of a violation of any provision adopted in this ordinance 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.
(e) Application. Tl~is ordinance shall apply to every street, alley, sidewalk area,
driveway, park, and to every other public way or public place or public park'mg 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
1401, 1402, 1413, and part 16 of the adopted Model Traffic Code, respectively
concerning reckless driving, careless driving, eluding a police officer, and accidents and
accident reports shall apply not only to public places and ways but also throughout this
municipality.
(f) Validity. If any part or parts of this ordinance are for any reason held to be invalid
such decision shall not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this ordinance and each pan
or pans thereof, irrespective of the fact that any one pan or parts be declared invalid.
(g) Repeal. Existing or parts of the ordinance identified as Section 24.04.020, Model
Traffic Code, of the Aspen Municipal Code of the City of Aspen, Colorado, covering the
same matters as embraced in this ordinance are hereby repealed and all ordinances or
parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed,
except that his repeal shall not affect or prevent the prosecution ar punishment of any
person for any act done or committed in violation of any ordinance hereby repealed prior
ro the taking effect of this ordinance.
(h) Interpretation. This ordinance shall be so interpreted and constructed as to
effectuate its general purpose to conform with the State's uniform system for the
regulation of vehicles and traffic. Article and section headings of the ordinance and
adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any
manner affect the scope, meaning or extent of the provisions of any article or section
thereof.
(i) Certification. The City Clerk shall certify to the passage of this ordinance and make
not less than three (3) copies of the adopted Code available for inspection by the public
during regular business hours.
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 construed
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.
on the ordinance shall be held on the ,/~ day of
A
public
hearing
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 ,qO~ day of~2003.
ATTEST:
Kath .ryn S. Iff6ch, City Clerk
FINALLY adopted, passed and approved thisff/~' ~ay of ~
2003.
ATTEST:
Kathryn S. Kogfi,'~it3'~- Clerk
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