Excess weight in pounds Penalty assessment fine amount

1 to 3000 $50.00

3,001 to 4,250 65.00

4,251 to 4,500 80.00

4,501 to 4,750 95.00

4,751 to 5,000 110.00

5,001 to 5,250 125.00

5,251 to 5,500 140.00

5,501 to 5,750 155.00

5,751 to 6,000 170.00

6,001 to 6,250 185.00

6,251 to 6,500 210.00

6,501 to 6,750 235.00

6,751 to 7,000 260.00

7,001 to 7,250 285.00

7,251 to 7,500 325.00

7,501 to 7,750 365.00

7,751 to 8,000 405.00

8,001 to 8,250 445.00

8,251 to 8,500 495.00

8,501 to 8,750 545.00

8,751 to 9,000 595.00

9,001 to 9,250 645.00

9,251 to 9,500 705.00

9,501 to 9,750 765.00

9,751 to 10,000 825.00

Excess weight in pounds Penalty assessment fine amount

10,001 to 10,250 885.00

10,251 to 10,500 920.00

10,501 to 10,750 955.00

10,751 to 11,000 990.00

11,001 and over 999.00

SECTION 2. Section 10.60.100 of the Lakewood Municipal Code is hereby amended to be as follows:

10.60.100 FOREIGN MATTER ON STREET OR HIGHWAY PROHIBITED.

A. No person shall throw or deposit upon any street or highway within this municipality any glass bottle, glass, stones, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle; nor shall any person dump, deposit, throw or leave any litter on any public or private property in this municipality except in a receptacle or container provided for such purpose.

B. No person shall throw, drop, or otherwise expel a lighted cigarette, cigar, match, or other burning material from a motor vehicle upon any highway.

C. Any person who drops, or permits to be dropped or thrown, upon any street or highway or structure within this municipality any destructive or injurious material or lighted or burning substance shall immediately remove the same or cause it to be removed.

D. Any person removing a wrecked or damaged vehicle from a street or highway within this municipality shall remove any glass or injurious substance dropped upon the street or highway from such vehicle.

E. 1. Except as provided in paragraph (2) of this subsection (E), any person who violates any provision of this section commits a Class 4 traffic offense.

2. Any person who violates any provision of subsection (B) of this section commits a Class 2 traffic offense.

SECTION 3. Section 10.60.120 of the Lakewood Municipal Code is hereby amended to be as follows:

10.60.120 FUNERAL PROCESSIONS

A. No permit is or shall be required for any funeral procession to occupy or proceed along the streets of this municipality.

B. Funeral processions which are escorted by escorts e shall be permitted to occupy and proceed through stop signs without stopping, through red traffic-control lights without stopping, and through streets controlled by yield signs without yielding, and shall have the right-of-way, all as hereinafter provided, subject to and only upon compliance with the following terms, provisions and conditions:

1. Such funeral processions shall be identified by display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be required by the Police Department of this municipality, by order of its chief. Vehicles in such a procession shall also have their headlights lighted at all times.

2. Each driver in such a procession shall drive as near to the right-hand edge of the roadway as practicable and shall follow the vehicle ahead as close as practicable and safe.

3. Traffic at each intersection controlled by a signal light, stop or yield sign, during the occupancy of such intersection by such procession, shall be controlled by a uniformed escort upon or having descended from an emergency vehicle equipped with a flashing or rotating red light, which shall be placed in operation during the occupancy of such intersection by such procession. The flashing or rotating red light on such an emergency vehicle shall be extended vertically above the vehicle so that the same may be seen by vehicles approaching the intersection from all directions, despite intervening traffic between the escort vehicle and approaching vehicles.

4. All funeral processions traveling in the city shall have a minimum of two uniformed motorcycle escorts. If the procession consists of thirty or more vehicles, the procession must be escorted by three uniformed motorcycle escorts. In addition, if any procession consists of forty-five or more vehicles, the procession must be escorted by one uniformed motorcycle escort for each fifteen vehicles.

5. Whenever traffic is controlled by traffic-control signals exhibiting colored lights, or colored arrows, successively, one at a time, or in combination, no funeral procession shall initially enter any such intersection, or make any turn therein, contrary to the provisions of the Lakewood traffic code; provided, however, that after a procession has lawfully entered such intersection or commenced a turn therein, the procession may, in its entirety, proceed through the same, so long as there is an escort in the intersection whose vehicle shall be plainly marked by a flashing or rotating red light which can be plainly seen from a distance of five hundred feet in all directions during daylight hours. Such escort shall remain in the intersection until the last car in the procession has proceeded through the same.

6. If an intersection is controlled by a stop or yield sign, the lead vehicle in the procession shall come to a stop, or yield the right-of-way, as may be required, and shall proceed only in compliance with the provisions of the Lakewood traffic code. When a funeral procession has entered an intersection controlled by a stop or yield sign, it shall not be necessary for following vehicles to stop or yield, if the intersection is controlled by at least one uniformed motorcycle escort whose vehicle shall be plainly marked by a flashing or rotating red light that can be plainly seen from a distance of five hundred feet in all directions during daylight hours, which escort shall remain within the intersection until all vehicles within the procession have completely passed through.

7. The lead vehicle in a funeral procession shall not at any time proceed at a speed in excess of posted speed limits; and no vehicle within the procession, including escort vehicles, shall proceed in excess of the speed limit prescribed in the Lakewood traffic code.

8. All persons not in the procession shall yield the right-of-way to any funeral procession lawfully entering or within an intersection in accordance with the terms of this title. It is unlawful to enter that portion of any lane of traffic occupied by a funeral procession or to cross an intersection between vehicles in a procession that has lawfully taken the right-of-way in an intersection; provided, however, that authorized emergency vehicles shall have the right-of-way over funeral processions.

9. All funeral processions shall obey all traffic laws and ordinances, subject only to the exceptions heretofore set forth under the circumstances where such exceptions are permitted; provided, however, that such processions shall yield the right-of-way to authorized emergency vehicles.

10. In no event shall any funeral procession be allowed to take the right-of-way through any intersection, red stop light, stop sign or yield the right-of-way sign between the hours of seven-thirty a.m. and nine a.m. and between four-thirty p.m. and six p.m. During such hours all such processions shall obey all traffic regulations.

11. Nothing herein contained shall relieve any escort or driver of any vehicle within a funeral procession from the duty to proceed with due regard for the safety of all persons; nor shall any of the provisions hereof be a legal defense for any such escort or any such driver from the consequences of a careless or reckless disregard for the safety of others.

C. Any person who violates any provision for this section commits a Class 3 traffic offense.

SECTION 4. Section 10.63.010 of the Lakewood Municipal Code is hereby amended to be as follows:

10.63.010 AUTHORITY OF POLICE AND FIRE DEPARTMENT OFFICIALS.

A. Agents of the Police Department or such officers as are assigned by the Chief of Police are authorized to enforce all street traffic regulations of this municipality and all of the state laws applicable to street and highway traffic in this municipality.

B. Agents of the Police Department or such special officers as are assigned by the Chief of Police are authorized to direct traffic by voice, hand or signal in conformance with state traffic laws and this title; provided that, in the event of fire or other emergency or to expedite traffic or to safeguard pedestrians, agents of the Police Department and other special officers as are assigned by the Chief of Police may direct traffic as conditions may require notwithstanding the provisions of the state traffic laws and the provisions of this title.

C. Members of a fire department, when at the scene of a fire or other emergency or disaster, may direct or assist the police in directing traffic there at or in the immediate vicinity.

D. Officers of the Red Rocks Community College Campus Police Department shall have the nonexclusive power and authority to enforce all provisions of the Lakewood Traffic Code within the boundaries of the Red Rocks Community College, which are located within the City of Lakewood.

SECTION 5. The Lakewood Municipal Code is hereby amended by the adoption of a new Chapter 10.68 as follows:

CHAPTER 10.68 MINIMUN STANDARDS FOR COMMERCIAL VEHICLES

10.68.100. DEFINITIONS.

As used in this chapter:

“Commercial vehicle” means:

A. Any self-propelled or towed vehicle bearing an apportioned plate or having a manufacturer’s gross vehicle weight rating or gross combination rating often thousand one pounds or more, which vehicle is used in commerce on the public highways of this state or is designed to transport sixteen or more passengers, including the driver, unless such vehicle is a school bus regulated pursuant to Section 42-4-1904, C.R.S. or any vehicle that does not have a gross vehicle weight rating of twenty-six thousand one or more pounds and that is owned or operated by a school district so long as such school district does not receive remuneration for the use of such vehicle. Not including reimbursement for the use of such vehicle; and

B. Any motor vehicle designed or equipped to transport other motor vehicles from place to place by means of winches, cables, pulleys, or other equipment for towing, pulling, or lifting, when such motor vehicle is used in commerce on the public highways of this state.

“Department” shall mean the Colorado Department of Public Safety.

“Motor Carrier” means every person, lessee, receiver, or trustee appointed by any court whatsoever owning, controlling, operating, or managing any commercial vehicle as defined in this section.

SECTION 10.68.110. RULES AND REGULATIONS OF THE COLORADO DEPARTMENT OF PUBLIC SAFETY PERTAINING TO THE OPERATION OF A COMMERCIAL VEHICLE, ADOPTED BY REFERENCE, GENERALLY.

No person shall operate a commercial vehicle on any public highway unless such vehicle is in compliance with the rules and regulations governing the safety standards and specifications of all commercial vehicles as promulgated by the Colorado Department of Public Safety, as the same may from time to time be amended, which are adopted by reference pursuant to Title 31, Article 16, of the Colorado Revised Statutes, subject to the deletions, amendments, and additions contained in this chapter.

SECTION 10.68.120. IMMOBILIZATON OF UNSAFE VEHICLES.

Police agents shall have the power to immobilize, impound, or otherwise direct the disposition of commercial vehicles when any police agent deems that the motor vehicle or operation thereof is unsafe and when such immobilization, impoundment or disposition is appropriate under or required by the rules and regulation of the Colorado Department of Public Safety.

SECTION 10.68.130. PENALTIES.

Any person who violates a rule or regulation promulgated by the Department or who fails to comply with this chapter commits a class 2 traffic offense.

SECTION 6. This ordinance shall take effect thirty (30) days after final publication.

I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 25thday of November, 2002; published in full in the Lakewood Sentinel on the 28th day of November, 2002; set for public hearing on the 9th day of December, 2002; read, finally passed and adopted by the City Council on the 9th day of December, 2002; and signed and approved by the Mayor on the 10th day of December, 2002.

Stephen A. Burkholder, Mayor

ATTESTED AND CERTIFIED:

Margy Greer, City Clerk

Approved as to form:

City Attorney


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