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Chapter 10.12
Chapter 10.12

SPECIAL STOPS AT RAILROAD CROSSINGS, DRIVEWAYS, ETC.

Sections:
10.12.020 Obedience to railroad signal.
10.12.030 Certain vehicles to stop at railroad grade crossings.
10.12.040 Moving heavy equipment at railroad crossing.
10.12.050 Emerging from or entering alley, driveway or building.
10.12.060 Stopping for school buses.
10.12.070 Stop when traffic obstructed.
10.12.080 Driving in a road or highway work area.

10.12.020 Obedience to railroad signal.
A. Any driver of a motor vehicle approaching a railroad crossing sign shall slow down to a speed that is reasonable and safe for the existing conditions. If required to stop for a traffic control device, flag person, or safety before crossing the railroad grade crossing, the driver shall stop at the marked stop line, if any. If no such stop line exists, the driver shall:
1. Stop not less than fifty feet from the nearest rail of the railroad grade crossing and shall not proceed until the railroad grade can be crossed safely; or
2. In the event the driver would not have a reasonable view of approaching trains when stopped pursuant to paragraph (1) of this subsection (A), stop before proceeding across the railroad grade crossing at the point nearest such crossing where the driver has a reasonable view of approaching trains and not proceed until the railroad grade can be crossed safely.
3. No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed, nor shall any pedestrian pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed.
4. Any person who violates any provision of this section commits a class 3 traffic offense. (Ord. O-97-62 § 2, 1997; Ord. O-77-86 §§ 5, 6, 1977; Ord. O-75-96 § 6, 1975; Ord. O-74-44 § 1 (part), 1974).

10.12.030 Certain vehicles to stop at railroad grade crossings.
A. Except as otherwise provided in this section, the driver of a school bus carrying any school child, the driver of a vehicle carrying hazardous materials that is required to be placarded in accordance with the regulations issued pursuant to Section 42-20-108, C.R.S., or the driver of a commercial vehicle, as defined in Section 42-4-235, C.R.S., that is transporting passengers, before crossing at grade any tracks of a railroad shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train and shall not proceed until he can do so safely.
B. After stopping as required in this section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not manually shift gears while crossing the tracks.
C. When stopping is required at such railroad crossing the driver shall keep as far to the right of the roadway as possible and shall not form two lanes of traffic unless the street or roadway is marked for four or more lanes of traffic.
D. Subsections (A) and (B) of this section shall not apply at:
1. Any railroad grade crossing at which traffic is regulated by a traffic-control signal;
2. Any railroad grade crossing at which traffic is controlled by a law enforcement officer or human flagman;
3. Any railroad crossing where state or local road authorities within their respective jurisdictions have determined that trains are not operating during certain periods or seasons of the year and have erected an official sign carrying the legend "exempt crossing," which shall give notice when so posted that such crossing is exempt from the stopping requirement provided for in this section;
4. Street railway grade crossing within a business district.
E. Any person who violates any provision of this section commits a Class 3 traffic offense. (Ord. O-2006-30 § 2, 2006; Ord. O-97-62 § 3, 1997; Ord. O-77-86 § 7, 1977; Ord. O-75-96 § 7, 1975; Ord. O-74-44 § 1 (part), 1974).

10.12.040 Moving heavy equipment at railroad crossing.
A. No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than nine inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without first complying with this section.
B. Notice of any such intended crossing shall be given to a superintendent of such railroad and a reasonable time shall be given to such railroad to provide proper protection at such crossing.
C. Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
D. No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car.
E. Subsection (C) of this section shall not apply where it has been determined by this municipality or the state that trains are not operating during certain periods or seasons of the year and an official sign carrying the legend "exempt crossing" has been erected giving notice when so posted that such crossing is exempt from the stopping requirement.
F. Any person who violates any provision of this section commits a Class 3 traffic offense. (Ord. O-75-96 § 8, 1975; Ord. O-74-44 § 1 (part), 1974).

10.12.050 Emerging from or entering alley, driveway or building.
A. The driver of a vehicle emerging from an alley, driveway, building, parking lot, or other place, immediately prior to driving onto a sidewalk or into the sidewalk area extending across any such alleyway, or entranceway, shall yield the right-of-way to a pedestrian upon or about to enter such sidewalk or sidewalk area extending across such alleyway, driveway, or entranceway, as may be necessary to avoid collision, and when entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway, which are close enough to constitute an immediate hazard.
B. The driver of a vehicle entering an alley, driveway or entranceway shall yield the right-of-way to any pedestrian within or about to enter the sidewalk or sidewalk area extending across such alleyway, driveway or entranceway.
C. No person shall drive any vehicle, other than a bicycle or any other human-powered vehicle, upon a sidewalk or sidewalk area, except upon the permanent or duly authorized temporary driveway.
D. Any person who violates any provision of this section commits a Class 3 traffic offense. (Ord. O-97-62 § 4, 1997; Ord. O-77-86 § 8, 1977; Ord. O-75-96 § 9, 1975; Ord. O-74-44 § 1 (part), 1974).

10.12.060 Stopping for school buses.
A. The driver of a vehicle upon any street or highway, upon meeting or overtaking from either direction any school bus which has stopped, shall stop his vehicle before reaching such school bus if there are in operation on the school bus visual signal lights as specified in Section 10.57.060 of this title, and said driver shall not proceed until the visual signal lights are no longer being actuated; but in the case of small passenger-type vehicles operated as school buses having a seating capacity of not more than fifteen, no such visual signal lights need be displayed or actuated.
B. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway. For the purposes of this section, "highway with separate roadways" means a highway which is divided into two or more roadways by a depressed, raised, or painted median or other intervening space serving as a clearly indicated dividing section or island.
C. A driver of any school bus who observes a violation of subsection (A) of this section shall notify his school district transportation dispatcher. The school bus driver shall provide the school district transportation dispatcher with the color, basic description, and license plate number of the vehicle involved in the violation, information pertaining to the identity of the alleged violator, and the time and the approximate location at which the violation occurred. Any school district transportation dispatcher who has received information by a school bus driver concerning a violation of subsection (A) of this section shall provide such information to the appropriate law enforcement agency or agencies. A Lakewood police agent or officer may issue a citation on the basis of such information to the driver of the vehicle involved in the violation.
D. Every school bus shall stop as far to the right of the roadway as possible before discharging or loading passengers and, when possible, shall not stop where the visibility is obscured for a distance of two hundred feet either way from the bus. The driver of a school bus which has stopped shall allow time for any vehicles which have stopped behind the school bus to pass the school bus, if such passing is legally permissible where the school bus is stopped, after the visual signal lights, if any, are no longer being displayed or actuated and after all children who have embarked or disembarked from the bus are safe from traffic.
E. Any person who violates any provision of subsection (A) of this section commits a Class 2 traffic offense. (Ord. O-97-62 §§ 5, 6, 1997; Ord. O-89-75 § 1, 1989; Ord. O-77-86 § 9, 1977; Ord. O-75-96 § 10, 1975; Ord. O-74-44 § 1 (part), 1974).

10.12.070 Stop when traffic obstructed.
No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on either side of the intersection, crosswalk or railroad grade crossing to accommodate the vehicle he is operating without obstructing the passage of other vehicles, pedestrians or railroad trains, notwithstanding the indication of any traffic-control indication to proceed. Any person who violates any provision of this section commits a Class 3 traffic offense. (Ord. O-77-86 § 10, 1977; Ord. O-75-96 § 11, 1975; Ord. O-74-44 § 1 (part), 1974).

10.12.080 Driving in a road or highway work area.
A. The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian engaged in work upon a road or highway within any road or highway construction or maintenance work area indicated by official traffic-control devices.
B. The driver of a vehicle shall yield the right-of-way to any authorized vehicle engaged in work upon a road or highway whenever such vehicle displays flashing lights meeting the requirements of Section 42-4-214, C.R.S., as amended.
C. Any person who violates any provision of this section commits a Class 3 traffic offense. (Ord. O-97-62 § 7, 1997; Ord. O-77-86 § 11, 1977).