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HomeMy WebLinkAboutordinance.council.012-04AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ADDING A SECTION 713, YIELDING TO TRANSIT VEHICLE, TO THE MODEL TRAFFIC 'CODE, REQUIRING A VEHICLE TO YIELD THE ........ ~., oa,.J±NALED AND IS REENTERING THE TRAFFIC FLOW. 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 M .... " umc~pallt~es 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 Mun~clpaht~es" by the reorganization of subsections, and WHEREAS, the City Council of the City of Aspen by Ordinance 49, Series of 2003, repealed the 1995 Edition of the "Model Traffic Code for Colorado Mumclpahtles" in its entirety and adopted the 2003 Edition of the "Model Traffic Code for Colorado" with additions, modifications, and penalties, and WHEREAS, the Model Traffic Code of 2003, 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 of the City of Aspen determines that it is in the best interests of public health, safety, and welfare to add a Section 713, entitled"Y'lem~ng'-' to Transit Vehicle," to the Model Traffic Code, thereby requiring a vehicle to yield the right of way to a transit vehicle traveling in the same' direction that has signaled and is reentering the traffic flow. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: .Section 1. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a Section 713 to the Model Traffic Code, Section 24.04.020, which shall read as follows: 713. Yielding to Transit Vehicle. (1) The driver ora vehicle shall yield the right of Way t° a transit vehicle traveling in the same direction that has signaled and is reentering the traffie flow. (2) Nothing in this section shall operate to relieve the driver ora transit vehicle from the duty to drive with due regard for the safety of all perSons using the roadway. Section 2. This ordinance shall not h'ave 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 amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3. 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. Section 4. A public hearing on the ordinance shall be held on the/dj>day of~,~ ,2004, in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the/_?__~day of ,2004. 2 ATTEST: FINALLY adopted, passed, and approved this/D day of. ~~.~. 2004. ATTEST: