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MISCELLANEOUS ROAD RULES
Sections:
10.60.010 Obstruction of view or driving mechanism.
10.60.020 Unlawful riding.
10.60.030 Boarding or alighting from vehicles.
10.60.040 Riding in trailers.
10.60.050 Opening and closing vehicle doors.
10.60.060 Limitations on backing.
10.60.070 Coasting prohibited.
10.60.080 Following fire apparatus.
10.60.090 Crossing fire hose.
10.60.100 Foreign matter on street or highway prohibited.
10.60.110 When permits required for parades or processions.
10.60.120 Funeral processions.
10.60.130 Motorcycle rules.
10.60.140 Emblem for slow-moving vehicles.
10.60.150 Impeding traffic.
10.60.160 Use of multiple-beam headlights.
10.60.170 Driving on parklands.
10.60.175 Restrictions for minor drivers.
10.60.176 Permitting unauthorized minor to drive.
10.60.177 Permitting unauthorized person to drive.
10.60.180 Mandatory use of safety belt system.
10.60.190 Child restraint system required.
10.60.195 Seat belt restrictions on minor drivers under eighteen
years of age.
10.60.200 Horns and signaling devices.
10.60.210 Use of earphones while driving.
10.60.220 Compulsory insurance.
10.60.230 Radar jamming devices prohibited.
10.60.010 Obstruction of view or driving mechanism.
A. No person shall drive a vehicle when it is so loaded or when there are in
the front seat such number of persons, exceeding three, as to obstruct the view
of the driver to the front or sides of the vehicle or as to interfere with the
driver's control over the driving mechanism of the vehicle.
B. No person shall knowingly drive a vehicle while any passenger therein is
riding in any manner which endangers the safety of such passenger or others.
C. No person shall drive any motor vehicle equipped with any television viewer,
screen or other means of visually receiving a television broadcast which is
located in the motor vehicle at any point forward of the back of the driver's
seat or which is visible to the driver while operating the motor vehicle. The
provisions of this subsection C shall not be interpreted to prohibit the usage
of any computer, data terminal or other similar device in a motor vehicle.
D. No vehicle shall be operated upon any highway unless the driver's vision
through any required glass equipment is normal and unobstructed.
E. No passenger in a vehicle shall ride in such position as to create a hazard
for himself or others or to interfere with the driver's view ahead or to the
sides, or to interfere with the driver's control over the driving mechanism
of the vehicle; nor shall the driver of a vehicle permit any passenger therein
to ride in such manner.
F. Any person who violates any provision of this section commits a Class 3 traffic
offense. (Ord. O-97-62 § 46, 1997; Ord. O-75-96 § 113, 1975; Ord.
O-74-44 § 1 (part), 1974).
10.60.020 Unlawful riding.
A. No person shall hang on or otherwise attach himself to the outside, top,
hood or fenders of any vehicle, or to any other portion thereof, other than
the specific enclosed portion of such vehicle intended for passengers or while
in a sitting position in the cargo area of a vehicle if such area is fully or
partially enclosed on all four sides, while the same is in motion, nor shall
the operator knowingly permit any person to hang on or otherwise attach himself
to the outside, top, hood or fenders of any vehicle, or any other portion thereof,
other than the specific enclosed portion of such vehicle intended for passengers
or while in a sitting position in the cargo area of a vehicle if such area is
fully or partially enclosed on all four sides, while the same is in motion.
This subsection shall not apply to parades, caravans or exhibitions which are
officially authorized or otherwise permitted by law.
B. The provisions of subsection (A) of this section shall not apply to a vehicle
owned by the United States government or any agency or instrumentality thereof,
or to a vehicle owned by the state or any of its political subdivisions, or
to a privately owned vehicle when operating in a governmental capacity under
contract with or permit from any governmental subdivision or under permit issued
by the Public Utilities Commission of the state when, in the performance of
their duties, persons are required to stand or sit on the exterior of the vehicle
and the vehicle is equipped with adequate handrails and safeguards.
C. Any person who violates any provision of this section commits a Class 3 traffic
offense. (Ord. O-75-96 § 114, 1975; Ord. O-74-44 § 1 (part), 1974).
10.60.030 Boarding or alighting from vehicles.
No person shall board or alight from any vehicle while such vehicle is in motion.
Any person who violates any provision of this section commits a Class 4 traffic
offense. (Ord. O-75-96 § 115, 1975; Ord. O-74-44 § 1 (part), 1974).
10.60.040 Riding in trailers.
No person or persons shall occupy a trailer while it is being moved upon a street
or highway. Any person who violates any provision of this section commits a
Class 4 traffic offense. (Ord. O-75-96 § 116, 1975; Ord. O-74-44 §
1 (part), 1974).
10.60.050 Opening and closing vehicle doors.
No person shall open the door of a motor vehicle on the side available to moving
traffic unless and until it is reasonably safe to do so, and can be done without
interfering with the movement of other traffic, nor shall any person leave a
door open on the side of a vehicle available to moving traffic for a period
of time longer than necessary to load or unload passengers. Any person who violates
any provision of this section commits a Class 4 traffic offense. (Ord. O-75-96
§ 117, 1975; Ord. O-74-44 § 1 (part), 1974).
10.60.060 Limitations on backing.
A. The driver of a vehicle, whether on public property or private property which
is used by the general public for parking purposes, shall not back the same
unless such movement can be made with safety and without interfering with other
traffic.
B. The driver of a vehicle shall not back the same upon any shoulder or roadway
of any controlled-access highway.
C. Any person who violates any provision of this section commits a Class 3 traffic
offense. (Ord. O-87-87 § 16, 1987; Ord. O-75-96 § 118, 1975; Ord.
O-74-44 § 1 (part), 1974).
10.60.070 Coasting prohibited.
A. The driver of any motor vehicle when traveling upon a downgrade, shall not
coast with the gears of such vehicle in neutral.
B. The driver of a truck or bus when traveling upon a downgrade shall not coast
with the clutch disengaged.
C. Any person who violates any provision of this section commits a Class 3 traffic
offense. (Ord. O-77-86 § 31, 1977; Ord. O-75-96 § 119, 1975; Ord.
O-74-44 § 1 (part), 1974).
10.60.080 Following fire apparatus.
The driver of any vehicle other than an emergency vehicle shall not follow any
fire apparatus traveling in response to a fire alarm or other alarm closer than
five hundred feet or drive into or park such vehicle within the block where
fire apparatus has stopped in answer to a fire alarm or other alarm. Any person
who violates any provision of this section commits a Class 3 traffic offense.
(Ord. O-94-34 § 19, 1994; Ord. O-87-87 § 17, 1987; Ord. O-75-96 §
120, 1975; Ord. O-74-44 § 1 (part), 1974).
10.60.090 Crossing fire hose.
No vehicle shall be driven over any unprotected hose of the Fire Department
used at any fire, alarm of fire, or practice run laid down on any street, private
driveway or highway without the consent of the Fire Department official in command.
Any person who violates any provision of this section commits a Class 4 traffic
offense. (Ord. O-75-96 § 121, 1975; Ord. O-74-44 § 1 (part), 1974).
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, container of human
waste, or any other substance likely to injure any person, animal or vehicle
upon or along such highway.
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 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.
3. Any person who violates subsection (A) of this section by throwing or depositing
a container of human waste upon or along any highway shall be punished by a
fine of five hundred dollars.
F. As used in this section:
1. "Container" includes, but is not limited to, a bottle, a can, a
box or a diaper.
2. "Human waste" means urine or feces produced by a human. (Ord. O-2007-30
§ 14, 2006; Ord. O-2002-47 § 2, 2002; Ord. O-75-96 § 122, 1975;
Ord. O-74-44 § 1 (part), 1974).
10.60.110 When permits required for parades or processions.
No procession or parade, except funeral processions, forces of the United States
armed services, military forces of this state, and the forces of the Police
and Fire Departments, shall occupy, march or proceed along any street in the
municipality except in accordance with a permit issued by the City Clerk and
in compliance with such other regulations as are set forth in this title which
may apply. Any person who violates any provision of this section commits a Class
4 traffic offense. (Ord. O-75-96 § 123, 1975; Ord. O-74-44 § 1 (part),
1974).
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 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.
(Ord. O-2002-47 § 3, 2002; Ord. O-94-34 §§ 20, 21, 1994; Ord.
O-75-96 § 124, 1975; Ord. O-74-44 § 1 (part), 1974).
10.60.130 Motorcycle rules.
A. No person shall operate any motorcycle or motor-driven cycle on any street
or highway within this municipality unless such person and any passenger thereon
is wearing goggles or eyeglasses made of safety glass or plastic.
B. Any motorcycle carrying a passenger, other than in a sidecar or enclosed
cab, shall be equipped with footrests for such passengers.
C. Every person operating a motorcycle shall be granted all of the rights and
shall be subject to all of the duties applicable to the driver of any other
vehicle under this title, except as to special regulations herein and except
as to those provisions of this title which by their nature can have no application.
D. A person operating a motorcycle shall ride only upon the permanent and regular
seat attached thereto, and such operator shall not carry any other person nor
shall any other person ride on a motorcycle unless such motorcycle is designed
to carry more than one person, in which event a passenger may ride upon the
permanent seat if designed for two persons, or upon another seat firmly attached
to the motorcycle at the rear or side of the operator.
E. A person shall ride upon a motorcycle only while sitting astride the seat,
facing forward, with one leg on either side of the motorcycle.
F. No person shall operate a motorcycle while carrying packages, bundles or
other articles which prevent him from keeping both hands on the handlebars.
G. No person shall carry any person, nor shall any person ride, in a position
that will interfere with the operation or control of the motorcycle or the view
of the operator.
H. All motorcycles are entitled to full use of a traffic lane and no motor vehicle
shall be driven in such a manner as to deprive any motorcycle of the full use
of a traffic lane. This subsection shall not apply to motorcycles two abreast
in a single lane.
I. The operator of a motorcycle shall not overtake or pass in the same lane
occupied by the vehicle being overtaken.
J. No person shall operate a motorcycle between lanes of traffic, or between
adjacent lines or rows of vehicles.
K. Motorcycles shall not be operated more than two abreast in a single lane.
L. Subsections (I) and (J) of this section shall not apply to police officers
in the performance of their official duties.
M. No person riding upon a motorcycle shall attach himself or the motorcycle
to any other vehicle on a roadway.
N. Any person who violates any provision of this section commits a Class 3 traffic
offense. (Ord. O-77-86 § 33, 1977; Ord. O-75-96 § 125, 1975; Ord.
O-74-44 § 1 (part), 1974).
10.60.140 Emblem for slow-moving vehicles.
A. All machinery, equipment and vehicles, except bicycles and other human-powered
vehicles, designed to operate or normally be operated at a speed of less than
twenty-five miles per hour on a public highway shall display a triangular slow-moving
vehicle emblem on the rear. Bicycles, other human-powered vehicles, and neighborhood
electric vehicles shall be permitted but not required to display the emblem
specified in this subsection A.
B. Such emblem shall be of a type approved by the State Department of Revenue
and shall be mounted in accordance with regulations issued by the department.
C. The use of the emblem required under this section shall be restricted to
the use specified in subsection (A) of this section, and its use on any other
type of vehicle or stationary object is prohibited.
D. Any person who violates any provision of this section commits a Class 4 traffic
offense. (Ord. O-97-62 § 47, 1997; Ord. O-75-96 § 126, 1975; Ord.
O-74-44 § 1 (part), 1974).
10.60.150 Impeding traffic.
A. Notwithstanding any minimum speed that may be authorized and posted pursuant
to Section 10.15.050 of this title, if any person drives a motor vehicle on
any controlled-access highway at a speed less than the normal and reasonable
speed of traffic under the conditions then and there existing and by so driving
at such slower speed impedes or retards the normal and reasonable movement of
vehicular traffic following immediately behind, then such driver shall:
1. Where the width of the traveled way permits, drive in the right-hand lane
available to traffic or on the extreme right side of the roadway consistent
with the provisions of Section 10.24.010(B) of this title until such impeded
traffic has passed by; or
2. Pull off the roadway at the first available place where such movement can
safely and lawfully be made until such impeded traffic has passed by.
B. Any person who violates any provision of this section commits a Class 3 traffic
offense. (Ord. O-75-96 § 127, 1975; Ord. O-74-44 § 1 (part), 1974).
10.60.160 Use of multiple-beam headlights.
A. Whenever a motor vehicle is being operated on a roadway or shoulder adjacent
thereto during the time specified in Section 10.57.030 of this title, the driver
shall use a distribution of light, or composite beam, directed high enough and
of sufficient intensity to reveal persons and vehicles at a safe distance in
advance of the vehicle, subject to the following requirements and limitations:
1. Whenever a driver of a vehicle approaches an oncoming vehicle within five
hundred feet, such driver shall use a distribution of light, or composite beam,
so aimed that the glaring rays are not projected into the eyes of the oncoming
driver. The lowermost distribution of light, or composite beam, specified in
Section 42-4-216 (1)(b) C.R.S., shall be deemed to avoid glare at all times,
regardless of road contour and loading.
2. Whenever the driver of a vehicle follows another vehicle within two hundred
feet to the rear, except when engaged in the act of overtaking and passing,
such driver shall use a distribution of light other than the uppermost distribution
of light.
3. Headlamps arranged to provide a single distribution of light not supplement
by auxiliary driving lamps shall be permitted for neighborhood electric vehicles
in lieu of multiple-beam road lighting equipment specified in this section if
this single distribution of light complies with the requirements of subsection
(A)(2) of this section.
B. Any person who violates any provision of this section commits a Class 3 traffic
offense. (Ord. O-97-62 § 48, 1997; Ord. O-75-96 § 128, 1975; Ord.
O-74-44 § 1 (part), 1974).
10.60.170 Driving on parklands.
A. No person shall drive or park any motor vehicle, motorcycle or any self-propelled
vehicle of any nature whatever in or upon any park, parkland or public open
space within the city except on roadways or pathways specifically designed for
travel or parking within or upon any such park, parkland or public open space.
B. Notwithstanding the provisions of subsection (A) of this section, no person
shall drive or park any motor vehicle, motorcycle or any self-propelled vehicle
of any nature whatever on roadways and pathways within or upon any park, parkland
or public open space within the city when such roadways or pathways have been
designated or posted with an official sign as being closed to public vehicular
travel, or have been closed to public travel by a gate, chain barricade or any
similar device.
C. The provisions of subsections (A) and (B) of this section shall in no event
apply to persons or vehicles lawfully engaged in the maintenance, care or construction
of said parks or public open space.
D. Any person who violates any provision of this section commits a Class 3 traffic
offense. (Ord. O-75-96 § 129, 1975; Ord. O-74-44 § 1 (part), 1974).
10.60.175 Restrictions for minor drivers.
A. 1. Except as provided in paragraph (3) of this subsection (A), a minor driver
shall not operate a motor vehicle containing a passenger who is under twenty-one
years of age and who is not a member of the driver's immediate family until
such driver has held a driver's license for at least six months.
2. Except as provided in paragraph (3) of this subsection (A), a minor driver
shall not operate a motor vehicle containing more than one passenger who is
under twenty-one years of age and who is not a member of the driver's immediate
family until such driver has held a valid driver's license for at least one
year.
3. Paragraphs (1) and (2) shall not apply if:
a. The motor vehicle contains the minor's parent or legal guardian or other
responsible adult described in Section 42-2-108, C.R.S.
b. The motor vehicle contains an adult twenty-one years of age or older who
currently holds a valid driver's license and has held such license for at least
one year;
c. The passenger who is under twenty-one years of age is in the vehicle on account
of medical emergency;
d. All passengers who are under twenty-one years of age are members of the driver's
immediate family and all such passengers are wearing a seatbelt.
B. 1. Except as provided in paragraph (2) of this subsection (B), a minor driver
shall not operate a motor vehicle between 12 midnight and 5 a.m. until such
driver has held a driver's license for at least one year.
2. This subsection (B) shall not apply if:
a. The motor vehicle contains the minor's parent or legal guardian or other
responsible adult described in Section 42-2-108, C.R.S.
b. The motor vehicle contains an adult twenty-one years of age or older who
currently holds a valid driver's license and has held such license for at least
one year;
c. The minor is driving to school or a school-authorized activity when the school
does not provide adequate transportation, so long as the driver possess a signed
statement from the school official containing the date the activity will occur;
d. The minor is driving on account of a medical emergency; or
e. The minor is an emancipated minor.
C. Violation of this section is a Class 3 traffic offense.
D. For the purposes of this section:
1. "Emancipated minor" means an individual under eighteen years of
age whose parents or guardian has surrendered parental responsibilities, custody,
and the right to the care and earnings of such person, and are no longer under
a duty to support such person.
2. "Immediate family" means a person who is related by blood, marriage,
or adoption.
3. "Minor driver" means a person who is operating a motor vehicle
and who is under eighteen years of age.
E. No driver in a motor vehicle shall be cited for a violation of this section
unless such driver was stopped by a peace officer for an alleged traffic violation
other than a violation of this section. (O-2006-30 § 15, 2006).
10.60.176 Permitting unauthorized minor to drive.
A. No parent or guardian shall cause or knowingly permit his or her child or
ward under the age of eighteen years to drive a motor vehicle upon any highway
when such minor has not been issued a currently valid minor driver's license
or instruction permit or shall cause or knowingly permit such child or ward
to drive a motor vehicle upon any highway in violation of the conditions, limitations,
or restrictions contained in a license or permit which has been issued to such
child or ward.
B. Any person who violates any provision of this section commits a Class 4 traffic
offense. (Ord. O-2006-30 § 16, 2006).
10.60.177 Permitting unauthorized person to drive.
A. No person shall authorize or knowingly permit a motor vehicle owned by such
person or under such person's hire or control to be driven upon any highway
by any person who has not been issued a currently valid driver's or minor driver's
license or an instruction permit or shall cause or knowingly permit such person
to drive a motor vehicle upon any highway in violation of the conditions, limitations,
or restrictions contained in a license or permit which has been issued to such
other person.
B. Any person who violates any provision of this section commits a Class 4 traffic
offense.
(Ord. O-2006-30 § 17, 2006).
10.60.180 Mandatory use of safety belt system.
A. As used in this section:
1. "Motor vehicle" means a self-propelled vehicle intended primarily
for use and operation on the public highways including passenger cars, station
wagons, vans, taxicabs, ambulances, motor homes, and pickups. The term does
not include motorcycles, motor scooters, motor bicycles, motorized bicycles,
passenger buses, school buses, and farm tractors and implements of husbandry
designed primarily or exclusively for use in agricultural operations.
2. "Safety belt system" means a system utilizing a lap belt, a shoulder
belt, or any other belt or combination of belts installed in a motor vehicle
to restrain drivers and passengers, which system conforms to federal motor vehicle
safety standards.
B. Unless exempted pursuant to subsection (C) of this section, every driver
of and every front seat passenger in a motor vehicle equipped with a safety
belt system shall wear a fastened safety belt while the motor vehicle is being
operated on a street or highway in this state.
C. The requirement of subsection (B) of this section shall not apply to:
1. A child required by Section 10.60.190 of this chapter to be restrained by
a child restraint system;
2. A member of an ambulance team, other than the driver, while involved in patient
care;
3. A peace officer, level I, as defined in Section 18-1-901(3)(1)(I), C.R.S.,
while performing official duties so long as the performance of said duties is
in accordance with rules and regulations applicable to said officer which are
at least as restrictive as subsection (B) of this section and which only provide
exceptions necessary to protect the officer;
4. A person with a physically or psychologically disabling condition whose physical
or psychological disability prevents appropriate restraint by a safety belt
system if such person possesses a written statement by a physician certifying
the condition, as well as stating the reason why such restraint is inappropriate;
5. A person driving or riding in a motor vehicle not equipped with a safety
belt system due to the fact that federal law does not require such vehicle to
be equipped with a safety belt system;
6. A rural letter carrier of the United States Postal Service while performing
duties as a rural letter carrier; and
7. A person operating a motor vehicle for commercial or residential delivery
or pickup service, except that such person shall be required to wear a fastened
safety belt during the time period prior to the first delivery or pickup of
the day and during the time period following the last delivery or pickup of
the day.
D. Any person who operates a motor vehicle while he or any passenger is in violation
of the requirement of subsection (B) of this section commits a Class 4 traffic
offense.
E. No driver in a motor vehicle shall be cited for a violation of subsection
(B) of this section unless the driver was stopped for an alleged traffic violation
other than a violation of this section.
F. Testimony at a trial for a violation of this section may include:
1. Testimony by a law enforcement officer that he observed the person charged
operating a motor vehicle while said operator or any passenger was in violation
of the requirement of subsection (B) of this section: or
2. Evidence that the driver removed the safety belts, or knowingly drove a vehicle
from which the safety belts had been removed. (Ord. O-87-87 § 18, 1987).
10.60.190 Child restraint system required.
A. As used in this section, unless the context otherwise requires:
1. "Child booster seat" means a child passenger restraint system that
meets the federal motor vehicle safety standards set forth in Section 49 CFR
571.213, as amended, that is designed to elevate a child to properly sit in
a federally approved safety belt system.
2. "Child care center" means a facility required to be licensed under
the "Child Care Licensing Act," Article 6 of Title 26, C.R.S.
3. "Child restraint system" means a specially designed seating system
that is designed to protect, hold, or restrain a child in a motor vehicle in
such a way as to prevent or minimize injury to the child in the event of a motor
vehicle accident that is either permanently affixed to a motor vehicle or is
affixed to such vehicle by a safety belt or a universal attachment system, and
that meets the federal motor vehicle safety standards set forth in Section 49
CFR 571.213, as amended.
4. "Child safety belt-positioning device" Means a device that positions
a safety belt around a child in a manner that safely restrains such child in
a seating position that conforms to all applicable federal motor vehicle safety
standards.
5. "Safety belt" means a lap belt, a shoulder belt, or any other belt
or combination of belts installed in a motor vehicle to restrain drivers and
passengers, except any such belt which is physically a part of a child restraint
system. "Safety belt" includes the anchorages, the buckles and all
other equipment directly related to the operation of safety belts.
6. "Seating position" means any motor vehicle interior space intended
by the motor vehicle manufacturer to provide seating accommodations while the
motor vehicle is in motion.
B. 1. Unless exempted pursuant to subsection C of this section, every child,
who is under four years of age and weighs under forty pounds, being transported
in this city in a privately owned noncommercial passenger vehicle or in a vehicle
operated by a child care center, shall be provided with one of the following
child restraint systems suitable for the child's size and shall be properly
fastened into such child restraint system which is in a seating position and
which is equipped with a safety belt or other means to secure said system according
to the manufacturer's instructions:
a. If the child is less than one year of age and weighs less than twenty pounds,
the child shall be properly restrained in a rear-facing child restraint system.
b. If the child is one year of age or older, but less than four years of age,
and weighs less than forty pounds, but at least twenty pounds, the child shall
be properly restrained in a forward-facing child restraint system.
2. Unless excepted pursuant to subsection C of this section, every child, who
is at least four years of age or weighs forty pounds or more, being transported
in this city in a privately owned noncommercial vehicle or in a vehicle operated
by a child care center, shall be properly secured by one of the following safety
devices approved for a child of such age or weight by the United States Department
of Transportation, or in a safety belt, whichever is appropriate for the child:
a. Except as otherwise provided in Subparagraph (b) of this Paragraph (2), if
the child is at least four years of age but less than six years of age and is
less than fifty-five inches tall, the child shall be properly restrained in
a child booster seat or with a child safety belt-positioning device.
b. If the child is at least four years of age but less than six years of age
and is less than fifty-five inches tall, and if the child is being transported
in a vehicle equipped with only a two-point-lap-belt-only system available for
the child, the child shall be properly restrained with a lap belt.
c. If the child is six years of age or older or is fifty-five inches tall or
more, the child shall be properly restrained with the motor vehicle's safety
belt properly adjusted and fastened around the child's body.
3. It is the responsibility of the driver transporting children, subject to
the requirements of this section, to ensure that such children are provided
with and that they properly use a child restraint system or safety belt system.
C. Except as provided in Section 42-2-105.5(4), C.R.S., the requirement of subsection
B of this section shall not apply to a child who:
1. Is being transported in a motor vehicle as a result of a medical emergency;
2. Is being transported in a commercial motor vehicle as defined in Section
42-2-402(4)(a), C.R.S., that is operated by a child care center; or
3. Is the driver of a motor vehicle and is subject to the safety belt requirements
provided in Section 42-4-237, C.R.S.
D. No person shall use a safety belt or child restraint system, whichever is
applicable under the provisions of this section, for children under sixteen
years of age in a motor vehicle unless it conforms to all applicable federal
motor vehicle safety standards.
E. Any person who violates any provision of this section commits a Class 4 traffic
offense.
F. The fine shall be waived if the driver presents the court with satisfactory
evidence of the acquisition, purchase, or rental of an approved child restraint
system by the time of the court appearance.
G. No driver in a motor vehicle shall be cited for a violation of subparagraph
(a) of paragraph (2) of subsection (B) of this section unless such driver was
stopped by a law enforcement officer for an alleged violation of Articles 1
to 4 of Title 42, C.R.S. other than for a violation of Section 42-4-236, C.R.S.
or Section 42-4-237, C.R.S. (Ord. O-2005-11 § 8, 2005; Ord. O-2000-45 §
4, 2000; Ord. O-97-62 § 49, 1997; Ord. O-94-34 § 22, 1994; Ord. O-87-87
§ 19, 1987).
10.60.195 Seat belt restrictions on minor drivers under
eighteen years of age.
A. Occupants in motor vehicles driven by persons under eighteen years of age
shall be properly restrained or wear seat belts as required in Section 10.60.190
and in Section 10.60.180.
B. No more than one passenger shall occupy the front seat of the motor vehicle
driven by a person under eighteen years of age, and the number of passengers
in the back seat of such vehicle shall not exceed the number of seat belts.
C. Any person who operates a motor vehicle while he or any passenger is in violation
of any provision of this section commits a Class 4-traffic offense. (Ord. O-2006-30
§ 18, 2006; Ord. O-2000-45 § 5, 2000).
10.60.200 Horns and signaling devices.
No person shall sound any horn or signaling device on any truck, automobile,
motorcycle or other vehicle on any street or highway within this municipality,
except as a danger warning, and then only for a reasonable period of time. Any
person who violates any provision of this section commits a Class 4 traffic
offense. (Ord. O-75-96 § 132, 1975; Ord. O-74-44 § 1 (part), 1974).
10.60.210 Use of earphones while driving.
A. No person shall operate a motor vehicle while wearing earphones.
B. For purposes of subsection (A), "earphones" includes any headset,
radio, tape player, or other similar device, which provides the listener with
radio programs, music, or other recorded information through a device attached
to the head and which covers all of or a portion of the ears. "Earphones"
does not include speakers or other listening devices which are built into protective
headgear.
C. Any person who violates this section commits a Class 4 traffic offense. (Ord.
O-87-87 § 20, 1987).
10.60.220 Compulsory insurance.
A. No owner of a motor vehicle required to be registered in this state shall
operate the vehicle or permit it to be operated on a public street or highway
of this city when the owner has failed to have a complying policy or certificate
of self-insurance in full force and effect as required by law.
B. No person shall operate a motor vehicle on a public street or highway of
this city without a complying policy or certificate of self-insurance in full
force and effect as required by law.
C. When an accident occurs, or when requested to do so following any lawful
traffic contact or during any traffic investigation by a police agent, no owner
or operator of a motor vehicle shall fail to present to the requesting officer
immediate evidence of a complying policy or certificate of self-insurance in
full force and effect as required by law.
D. Any person who violates the provisions of subsection (A), (B), or (C) of
this section is guilty of a Class 2 traffic offense and, upon conviction thereof,
shall be punished by a fine of not less than five hundred dollars. The court
may suspend up to one half of the fine upon a showing that appropriate insurance
as required under Sections 10-4-619 and 10-4-624, C.R.S. has been obtained.
Nothing in this subsection shall be construed to prevent the court from imposing
a fine greater than five hundred dollars.
E. Upon a second or subsequent conviction under this section within a period
of five years following a prior conviction under this section, in addition to
any imprisonment imposed pursuant to Section 1.16.020(B), the defendant shall
be punished by a fine of not less than one thousand dollars. The court may establish
a payment schedule for a person convicted of the provisions of subsection (A),
(B), or (C) of this section. The court may suspend up to one half of the fine
upon a showing that appropriate insurance as required under Section 10-4-619
and 10-4-624, C.R.S., has been obtained.
F. Testimony of the failure of any owner or operator of a motor vehicle to present
immediate evidence of a complying policy or certificate of self-insurance in
full force and effect as required by law when requested to do so by a police
agent, shall constitute prima facie evidence, at a trial concerning a violation
charged under subsection (A) or (B) of this section, that such owner or operator
of a motor vehicle violated subsection (A) or (B) of this section.
G. No person charged with violating subsection (A), (B), or (C) of this section
shall be convicted if he produces in court a bona fide complying policy or certificate
of self-insurance which was in full force and effect, as required by law, at
the time of the alleged violation.
H. Of the moneys collected from fines pursuant to subsections (D) and (E) of
this section, fifty percent of these moneys shall be transferred to the general
fund in support of the Lakewood Police Department. (Ord. O-2005-11 § 9,
2005; Ord. O-92-62 § 1, 1992).
10.60.230 Radar jamming devices prohibited.
A. No person shall use, possess, or sell a radar jamming device.
B. No person shall operate a motor vehicle with a radar jamming device in the
motor vehicle.
C. 1. For the purposes of this section, "radar jamming device" means
any active or passive device, instrument, mechanism, or equipment that is designed
or intended to interfere with, disrupt, or scramble the radar or laser that
is used by law enforcement agencies and peace officers to measure the speed
of motor vehicles. "Radar jamming device" includes but is not limited
to devices commonly referred to as "jammers" or "scramblers."
2. For the purpose of this section, "radar jamming device" shall not
include equipment that is legal under FCC regulations, such as a citizens' band
radio, ham radio, or any other similar electronic equipment.
D. Any person who violates any provision of this section commits a Class 2 traffic
offense. (Ord. O-2006-30 § 19, 2006).
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