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PEDESTRIANS' RIGHTS AND DUTIES-DRIVERS TO EXERCISE DUE CARE
Sections:
10.48.010 Pedestrians to obey traffic-control devices.
10.48.020 Pedestrians' right-of-way in crosswalks.
10.48.030 Crossing at right angles.
10.48.050 Crossing and yielding at other than crosswalks.
10.48.060 Pedestrian obedience to railroad signal.
10.48.070 Pedestrians walking or traveling in a wheelchair
on highways.
10.48.080 Driving through safety zone prohibited.
10.48.090 Driving on sidewalk.
10.48.110 Drivers to exercise due care.
10.48.120 Drivers and pedestrians, other than persons in
wheelchairs, to yield to persons with disabilities.
10.48.010 Pedestrians to obey traffic-control devices.
A. A pedestrian shall obey the instructions of any official traffic-control
device specifically applicable to him, unless otherwise directed by a police
agent.
B. Pedestrians shall be subject to traffic and pedestrian-control signals as
provided in Sections 10.45.050, 10.45.080 and 10.45.090 of this title.
C. At all other places, pedestrians shall be accorded the privileges and shall
be subject to the restrictions stated in this title.
D. Any person who violates any provision of this section commits a Class 4 traffic
offense. (Ord. O-75-96 § 72, 1975; Ord. O-74-44 § 1 (part), 1974).
10.48.020 Pedestrians' right-of-way in crosswalks.
A. When traffic-control signals are not in place or not in operation, the driver
of a vehicle shall yield the right-of-way, slowing down or stopping if need
be to so yield, to a pedestrian crossing the roadway within a crosswalk when
the pedestrian is upon the half of the roadway upon which the vehicle is traveling,
or when the pedestrian is approaching so closely from the opposite half of the
roadway as to be in danger.
B. Subsection A of this section shall not apply under the conditions stated
in Section 10.48.050.
C. No pedestrian shall suddenly leave a curb or other place of safety and walk
or run into the path of a moving vehicle which is so close as to constitute
an immediate hazard.
D. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked
crosswalk at an intersection to permit a pedestrian to cross the roadway, the
driver of any other vehicle approaching from the rear shall not overtake and
pass such stopped vehicle.
E. Whenever special pedestrian-control signals exhibiting "Walk" or
"Don't Walk" word or symbol indications are in place, as declared
in the traffic control manual adopted by the department of transportation, such
signals shall indicate and require as follows:
1. "Walk" (steady): While the "Walk" indication is steadily
illuminated, pedestrians facing such signal may proceed across the roadway in
the direction of the signal indication and shall be given the right-of-way by
the drivers of all vehicles.
2. "Don't Walk" (steady): While the "Don't Walk" indication
is steadily illuminated, no pedestrian shall enter the roadway in the direction
of the signal indication.
3. "Don't Walk" (flashing): Whenever the "Don't Walk" indication
is flashing, no pedestrian shall start to cross the roadway in the direction
of such signal indication, but any pedestrian who has partly completed crossing
during the "Walk" indication shall proceed to a sidewalk or to a safety
island, and all drivers of vehicles shall yield to any such pedestrian.
F. Any person who violates any provision of this section commits a Class 3 traffic
offense. (Ord. O-97-62 § 23, 1997; Ord. O-80-76 § 7, 1980; Ord. O-77-86
§ 26, 1977; Ord. O-75-96 § 73, 1975; Ord. O-74-44 § 1 (part),
1974).
10.48.030 Crossing at right angles.
No pedestrian shall cross a roadway at any place other than by a route at right
angles to the curb or by the shortest route to the opposite curb, except in
a crosswalk or except where angle crossing is authorized as provided in Section
10.48.050. Any person who violates any provision of this section commits a Class
4 traffic offense. (Ord. O-75-96 § 74, 1975; Ord. O-74-44 § 1 (part),
1974).
10.48.050 Crossing and yielding at other than crosswalks.
A. Every pedestrian crossing a roadway at any point other than within a marked
crosswalk or within an unmarked crosswalk at an intersection shall yield the
right-of-way to all vehicles upon the roadway.
B. Between adjacent intersections at which traffic-control signals are in operation,
pedestrians shall not cross at any place except in a marked crosswalk.
C. No pedestrian shall cross a roadway intersection diagonally unless authorized
by official traffic-control devices; and, when authorized to cross diagonally,
pedestrians shall cross only in accordance with the official traffic-control
devices pertaining to such crossing movements.
D. Any person who violates any provision of this section commits a Class 4 traffic
offense. (Ord. O-75-96 § 76, 1975; Ord. O-74-44 § 1 (part), 1974).
10.48.060 Pedestrian obedience to railroad signal.
No pedestrian shall pass through, around, over or under any crossing gate or
barrier at a railroad grade crossing while such gate or barrier is being opened
or closed, or is closed. Any person who violates any provision of this section
commits a Class 4 traffic offense. (Ord. O-75-96 § 77, 1975; Ord. O-74-44
§ 1 (part), 1974).
10.48.070 Pedestrians walking or traveling in a wheelchair
on highways.
A. Where sidewalks are provided, it is unlawful for any pedestrian to walk or
travel in a wheelchair along and upon an adjacent roadway.
B. Pedestrians walking or traveling in a wheelchair along and upon highways
where sidewalks are not provided shall walk or travel only on a road shoulder,
as far as practicable from the edge of the roadway. Where neither a sidewalk
nor road shoulder is available, any pedestrian walking or traveling in a wheelchair
along and upon a highway shall walk as near as practicable to an outside edge
of the roadway, and, in the case of a two-way roadway, shall walk only on the
left side of the roadway facing traffic that may approach from the opposite
direction; except that any person lawfully soliciting a ride may stand on either
side of such two-way roadway where there is a view of traffic approaching from
both directions.
C. No person shall stand in a roadway for the purpose of soliciting a ride from
a private motor vehicle. For the purpose of this subsection, "roadway"
means that portion of the road normally used by motor vehicle traffic.
D. A person riding an animal shall ride such animal as far from the traveled
portion of any public roadway as practicable. This section applying to pedestrians
shall also be applicable to riders of animals. Nothing in this subsection shall
be construed to prohibit persons riding animals from participating in any officially
sanctioned parade or to prohibit any mounted police from performing any of their
duties.
E. No person shall solicit a ride on any highway included in the interstate
system except at an entrance to or exit from such highway or at places specifically
designated by the department of transportation; or, in an emergency affecting
a vehicle or its operation, a driver or passenger of a disabled vehicle may
solicit a ride on any highway.
F. Pedestrians shall only be picked up where there is adequate road space for
vehicles to pull off and not endanger and impede the flow of traffic.
G. It is unlawful for any person who is under the influence of alcohol or of
any controlled substance, as defined in Section 12-22-303(7), C.R.S., or of
any stupefying drug to walk or be upon that portion of any highway normally
used by moving motor vehicle traffic.
H. Upon the immediate approach of an authorized emergency vehicle making use
of audible and visual signals meeting the requirements of Section 42-4-213,
C.R.S., or of a police vehicle properly and lawfully making use of an audible
signal only, every pedestrian shall yield the right-of-way to the authorized
emergency vehicle and shall leave the roadway and remain off the same until
the authorized emergency vehicle has passed, except when otherwise directed
by a police officer. This subsection shall not relieve the driver of an authorized
emergency vehicle from the duty to use due care as provided in Sections 42-4-108(4)
and 42-4-807.
I. Any person who violates any provision of this section commits a Class 4 traffic
offense. (Ord. O-97-62 § 25, 1997; Ord. O-78-79 § 4, 1978; Ord. O-77-86
§ 27, 1977; Ord. O-75-96 § 78, 1975; Ord. O-74-44 § 1 (part),
1974).
10.48.080 Driving through safety zone prohibited.
No vehicle shall at any time be driven through or within a pedestrian safety
zone. Any person who violates any provision of this section commits a Class
3 traffic offense. (Ord. O-75-96 § 79, 1975; Ord. O-74-44 § 1 (part),
1974).
10.48.090 Driving on sidewalk.
The driver of a motor vehicle shall not drive within any sidewalk area within
this municipality except at a permanent or temporary driveway. Any person who
violates any provision of this section commits a Class 3 traffic offense. (Ord.
O-75-96 § 80, 1975; Ord. O-74-44 § 1 (part), 1974).
10.48.110 Drivers to exercise due care.
Notwithstanding the provisions of this chapter or other chapters of this title,
every driver of a vehicle shall exercise due care to avoid colliding with any
pedestrian upon any roadway and shall give warning by sounding the horn when
necessary and shall exercise proper precaution upon observing any child or any
obviously confused or incapacitated person upon a roadway. Any person who violates
any provision of this section commits a Class 3 traffic offense. (Ord. O-87-32
§ 3, 1987; Ord. O-75-96 § 82, 1975; Ord. O-74-44 § 1 (part),
1974).
10.48.120 Drivers and pedestrians, other than persons
in wheelchairs, to yield to persons with disabilities.
A. Any pedestrian, other than a person in a wheelchair, or any driver of a vehicle
who approaches a person who has an obviously apparent disability of blindness,
deafness, or mobility impairment shall immediately come to a full stop and take
such precautions before proceeding as are necessary to avoid
an accident or injury to said person. A disability shall be deemed to be obviously
apparent if, by way of example and without limitation, the person is using a
cane or crutches, is assisted by a guide dog, service dog, or a hearing dog,
is being assisted by another person, is in a wheelchair, or is walking with
an obvious physical impairment. Any person who violates any provision of this
section commits a Class 2 traffic offense.
B. The following definitions shall apply to this section:
1. "Guide dog" means a dog that has been or is being specially trained
to aid a particular blind or visually impaired person.
2. "Service dog" means a dog that has been or is being specially trained
to aid a particular physically disabled person with a physical disability other
than sight or hearing impairment.
3. "Hearing dog" means a dog that has been or is being specially trained
to aid a particular deaf or hearing impaired person. (Ord. O-97-62 § 27,
1997; Ord. O-94-34 § 15, 1994; Ord. O-87-32 § 4, 1987).
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