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WORDS AND PHRASES DEFINED
Sections:
10.75.010 Meanings of certain words and phrases.
10.75.020 Definitions.
10.75.010 Meanings of certain words and phrases.
A. When used in this title the words and phrases defined in this chapter shall
for the purpose of this title have the meanings respectively ascribed to them
herein.
B. Whenever any words and phrases used in this title are not defined herein
but are defined in the state laws regulating the operation of vehicles, any
such definition therein shall be deemed to apply to such words and phrases used
in this title. (Ord. O-74-44 § 1 (part), 1974).
10.75.020 Definitions.
The following definitions shall apply to this title:
"Acceleration lane" means a speed-change lane, including tapered areas,
for the purpose of enabling a vehicle entering a roadway to increase its speed
to a rate at which it can more safely merge with through traffic.
"Accident" means any unintended event that results in death, injury
or any property damage attributable directly or indirectly to the motion of
a motor vehicle or its load.
"Agent" means every officer authorized to direct or regulate traffic
or make arrests for violations of traffic regulations.
"Alley" (or "alleyway") means a street or highway intended
to provide access to the rear or side of lots or buildings in urban areas and
not intended for the purpose of through vehicular traffic.
"Authorized emergency vehicle" means such vehicles of the fire department,
police vehicles, ambulances, and other special-purpose vehicles as are publicly
owned and operated by or for a governmental agency to protect and preserve life
and property in accordance with state laws regulating emergency vehicles; said
term also means such privately owned vehicles as are designated by the state
motor vehicle licensing agency, necessary to the preservation of life and property,
to be equipped and to operate as emergency vehicles in the manner prescribed
by state law.
"Authorized service vehicle" means such highway or traffic maintenance
vehicles as are publicly owned and operated on a highway by or for a governmental
agency the function of which requires the use of service vehicle warning lights
as prescribed by state law and such other vehicles having a public service function,
including, but not limited to, public utility vehicles and tow trucks as determined
by the Department of Transportation. Some vehicles may be designated as both
an authorized emergency vehicle and an authorized service vehicle.
"Barricade" means a portable or fixed barrier having object markings,
used to close all or a portion of the right-of-way to vehicular traffic.
"Bicycle" means every vehicle propelled solely by human power applied
to pedals upon which any person may ride having two tandem wheels or two parallel
wheels and one forward wheel, all of which are more than fourteen inches in
diameter.
"Bicyclist" means any person operating a bicycle anywhere within the
city.
"Bikeway-pedway" means that portion of an existing roadway surface
or special surface set aside which is designated by traffic-control signs and/or
pavement markings for exclusive use of bicycles and/or pedestrians.
"Bus" means every motor vehicle designed for carrying more than ten
passengers and used for the transportation of persons; and every motor vehicle,
other than a taxicab, designed and used for the transportation of persons for
compensation.
"Business district" means the territory contiguous to and including
a street or highway when within any six hundred feet along such street or highway
there are buildings in use for business or industrial purposes, including but
not limited to motels, banks, office buildings, railroad stations, and public
buildings which occupy at least three hundred feet of frontage on one side or
three hundred feet collectively on both sides of the street or highway.
"Bus stand or stop" means a designated area adjacent to a curb or
edge of the roadway assigned for the use of buses during the loading or unloading
of passengers.
"Centerline" means a line either marked or unmarked dividing the roadway
between traffic moving in opposite directions.
"Chief of Police" means the head of the Lakewood Police Department.
"Commercial carrier" means any owner of a motor vehicle, truck, truck
tractor or semi-trailer used in the business of transporting persons or property
over the public highways for profit, hire or otherwise in any business or commercial
enterprise.
"Commercial vehicle" means a vehicle used to transport cargo or passengers
for profit, hire, or otherwise to further the purposes of a business or commercial
enterprise.
"Controlled-access street or highway" means every highway, street
or roadway in respect to which owners or occupants of abutting lands and other
persons have no legal right of access to or from the same except at such points
only and in such manner as may be determined by the public authority having
jurisdiction over such highway, street or roadway.
"Council" means the governing body of this municipality.
"Crosswalk" means that portion of a roadway ordinarily included within
the prolongation or connection of the lateral lines of sidewalks at intersections,
or any portion of a roadway distinctly indicated for pedestrian crossing by
lines or other markings on the surface.
"Deceleration lane" means a speed-change lane, including tapered areas,
for the purpose of enabling a vehicle that is to make an exit to turn from a
roadway to slow to the safe speed on the ramp ahead after it has left the mainstream
of traffic.
"Divided highway" means a highway with separated roadways usually
for traffic moving in opposite directions, such separation being indicated by
depressed dividing strips, raised curbing, traffic islands, or other physical
barriers so constructed as to impede vehicular traffic or otherwise indicated
by standard pavement markings or other official traffic-control devices as prescribed
in the State Traffic Control Manual.
"Driver" means every person, including a minor driver under the age
of eighteen years and a provisional driver under the age of twenty-one years,
who drives or is in actual physical control of the vehicle.
"Farm tractor" means every motor vehicle designed and used primarily
as a farm implement for drawing plows, mowing machines and other implements
of husbandry.
"Freight or passenger loading zone" means a designated space for the
exclusive use of vehicles during the loading or unloading of freight or passengers.
"Holidays," where used in this title or on official signs, in addition
to Sundays, means New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day and such additional statutory holidays as may
by ordinance or state law be declared applicable.
"Implement of husbandry" means every vehicle that is designed, adapted,
or used for agricultural purposes and used by the owner thereof in conduct of
his agricultural operations. It also includes equipment used solely for the
application of liquid, gaseous, and dry fertilizers. Transportation of fertilizer,
in or on the equipment used for its application, shall be deemed a part of application
if it is incidental to such application. It also includes hay balers, hay stacking
equipment, combines, tillage and harvesting equipment, agricultural commodity
handling equipment, and other heavy movable farm equipment primarily used on
farms or in a livestock production facility and not on the highways. Trailers
specially designed to move such equipment on highways shall be considered as
component parts of such implements of husbandry.
"Intersection" means the area embraced within the prolongation of
the lateral curb lines or, if none, then the lateral boundary lines of the roadways
of two streets or highways which join one another at, or approximately at, right
angles, or the area within which vehicles traveling upon different streets or
highways joining at any other angle may come in conflict. Where a street or
highway includes two roadways thirty feet or more apart, every crossing of each
roadway of such divided street or highway by an intersecting street or highway
shall be regarded as a separate intersection. In the event such intersecting
street or highway also includes two roadways thirty feet or more apart, every
crossing of two roadways of such streets or highways shall be regarded as a
separate intersection. The junction of an alley with a street or highway does
not constitute an intersection.
"Lane" means the portion of a roadway for the movement of a single
line of vehicles.
"Lane-direction-control signal" means a traffic-control signal which
is erected to control the direction of vehicular traffic movement in an individual
lane.
"Laned street or highway" means a street or highway the roadway of
which is divided into two or more clearly marked lanes for vehicular traffic.
"Lane line" means a line other than a centerline separating two lanes
for traffic moving in the same direction.
"Litter" means all rubbish, waste material, refuse, garbage, trash,
debris or other foreign substance, solid or liquid, of every form, size, kind
and description.
"Loading zone" means a designated space reserved for the exclusive
use of vehicles during the loading or unloading of passengers or property.
"Markings" means all lines, patterns, words, colors or other devices,
except signs, set into the surface of, applied upon or attached to the pavement
or curbing or to objects within or adjacent to the roadway, conforming to the
state traffic control manual and officially placed for the purpose of regulating,
warning or guiding traffic.
"Median or central dividing strip" means that portion of a divided
street or highway separating the traveled ways for traffic in opposite directions.
"Motorcycle" means every motor vehicle designed to travel on not more
than three wheels in contact with the ground, except any such vehicle as may
be included within the term "farm tractor" and except a motorized
bicycle as defined in this section.
"Motor-driven cycle" means every motorcycle, including every motor
scooter, with a motor which produces not to exceed six brake horsepower and
every bicycle with motor attached, but not trail bikes, mini-bikes, go-carts,
golf carts, and similar vehicles which are not designed for or approved by the
State Highway Department for use on the public roads or highways and not motorized
bicycles as defined in this section.
"Motorized bicycle" means a vehicle having two or three wheels, a
cylinder capacity not exceeding 50 C.C., and an automatic transmission which
produces a maximum design speed of not more than thirty miles per hour on a
flat surface.
"Motor scooter" and "motor bicycle" mean every motor vehicle
designed to travel on not more than three wheels in contact with the ground,
except any such vehicles as may be included within the term "farm tractor"
and any motorized bicycle as defined in this section, which motor vehicle is
powered by an engine of not to exceed six brake horsepower.
"Motor vehicle" means any self-propelled vehicle which is designed
primarily for travel on the public highways and which is generally and commonly
used to transport persons and property over the public highways, but the term
does not include motorized bicycles as defined in this section, wheelchairs
as defined in this section, or vehicles moved solely by human power. "Motor
vehicle" includes a neighborhood electric vehicle operated pursuant to
Section 42-4-111(1)(aa), C.R.S. For the purpose of the offense of reckless driving,
for farm tractors and off-highway vehicles as defined in Section 33-14.5-101(3),
C.R.S., operated on streets and highways, "motor vehicle" includes
a farm tractor or an off-highway vehicle, which is not otherwise classified
as a motor vehicle.
"Municipality" means the City of Lakewood, Colorado.
"Neighborhood electric vehicle" means a self-propelled, electrically
powered motor vehicle that meets the equipment standards set forth in Part 2
of Article 4 of Title 42, C.R.S., and has a speed attainable in one mile that
does not exceed twenty-five miles per hour.
"Official time standard" means whenever certain hours are named herein,
they shall mean standard time or daylight saving time as may be in current use
in this municipality.
"Official traffic-control devices" means all signs, signals, markings
and devices not inconsistent with this title, placed or displayed by authority
of a public body or official having jurisdiction, for the purpose of regulating,
warning or guiding traffic.
"Official traffic-control signal" means any device, whether manually,
electrically or mechanically operated, by which traffic is alternately directed
to stop and to proceed.
"Owner" means a person who holds the legal title of a vehicle or in
the event a vehicle is the subject of any agreement for the conditional sale
or lease thereof with the right of purchase upon performance of the conditions
stated in the agreement and with the immediate right of possession vested in
the conditional vendee or lessee, or in the event a mortgagor of a vehicle is
entitled to possession, then such conditional vendee or lessee or mortgagor
shall be deemed the owner. The term also includes parties otherwise having lawful
use or control or the right to use or control a vehicle for a period of thirty
days or more.
"Park" or "parking" means the standing of a vehicle, whether
occupied or not, other than temporarily for the purpose of and while actually
engaged in loading or unloading merchandise or passengers.
"Pedestrian" means any person afoot or any person using a wheelchair.
"Pedestrian-control signal" means a traffic-control signal which is
erected for the purpose of directing pedestrian traffic at signalized locations.
"Person" means every natural person, firm, copartnership, association
or corporation.
"Police Department" means the Lakewood Police Department.
"Presiding Municipal Judge" means that officer vested with judicial
powers and in charge of the municipal courts of the city.
"Prima facie speed limit" means evidence which is sufficient proof
that the speed was not reasonable or prudent under the conditions then existing,
and will remain sufficient proof of such fact, unless contradicted and overcome
by evidence bearing upon the question of whether or not the speed was reasonable
and prudent under the conditions then existing.
"Private road" or "driveway" means every road or driveway
not open to the use of the public for purposes of vehicular travel.
"Railroad" means a carrier of persons or property upon cars, other
than streetcars, operated on stationary rails.
"Railroad sign or signal" means any sign, signal or device erected
by authority of a public body or official or by a railroad and intended to give
notice of the presence of railroad tracks or the approach of a railroad train.
"Railroad train" means a steam engine, electric or other motor, with
or without cars coupled thereto, operated upon rails, except streetcars.
"Ramp" means a turning or interconnecting roadway of a traffic interchange.
"Residence district" means the territory contiguous to and including
a street or highway not comprising a business district when the frontage on
such street or highway for a distance of three hundred feet or more is mainly
occupied by dwellings or by dwellings and buildings in use for business.
"Right-of-way" means the right of one vehicle operator or pedestrian
to proceed in a lawful manner in preference to another vehicle operator or pedestrian
approaching under such circumstances of direction, speed and proximity as to
give rise to danger of collision unless one grants precedence to the other.
"Road machinery" means those vehicles, self-propelled or otherwise,
which are not designed primarily for the transportation of persons or cargo
over the public highways, and those motor vehicles which may have originally
been designed for the transportation of persons but which have been redesigned
or modified by the mounting thereon of special equipment or machinery, and which
may be only incidentally operated or moved over the public highways. This definition
includes but is not limited to wheeled vehicles commonly used in the construction,
maintenance and repair of roadways and the digging of ditches.
"Road tractor" means every motor vehicle designed and used for drawing
other vehicles and not so constructed as to carry any load thereon independently
or any part of the weight of a vehicle or load so drawn.
"Roadway" means that portion of a highway improved, designed, or ordinarily
used for vehicular travel, exclusive of the sidewalk, berm or shoulder even
though such sidewalk, berm, or shoulder is used by persons riding bicycles or
other human-powered vehicles and exclusive of that portion of a highway designated
for exclusive use as a bicycle path or reserved for the exclusive use of bicycles,
human-powered vehicles, or pedestrians. In the event that a highway includes
two or more separate roadways, "roadway" refers to any such roadway
separately but not to all such roadways collectively.
"Safety zone" means the area or space officially set aside within
a street or highway for the exclusive use of pedestrians and which is so plainly
marked or indicated by proper signs as to be plainly visible at all times while
set apart as a safety zone.
"School bus" means every motor vehicle which is owned by or under
contract to a public or governmental agency and operated for the transportation
of children to or from school or any school-sponsored activities, or which is
privately owned and operated for compensation but it does not include informal
or intermittent arrangements, such as sharing of actual gasoline expense or
participation in a car pool, for the transportation of children to or from school
or any school-sponsored activities.
"Semi trailer" means any wheeled vehicle, without motive power, which
is designed to be used in conjunction with a truck tractor so that some part
of its own weight and that of its cargo load rests upon or is carried by such
truck tractor, and which is generally and commonly used to carry and transport
property over the public highways.
"Sidewalk" or "sidewalk area" means that portion of a street
between the curb lines, or the lateral lines of a roadway, and the adjacent
property lines, intended for the use of pedestrians.
"Snowmobile" means a self-propelled vehicle primarily designed for
travel on snow or ice, and supported in part by skis, belts or cleats.
"Stand" or "standing" means the halting of a vehicle, whether
occupied or not, other than temporarily for the purpose of and while actually
engaged in receiving or discharging passengers.
"Stop" or "stopping," when prohibited, means any halting
even momentarily of a vehicle, whether occupied or not, except when necessary
to avoid conflict with other traffic or in compliance with the directions of
a police agent or official traffic-control sign or signal.
"Stop," when required, means the complete cessation of movement.
"Stop line" (or "limit line") means a line which indicates
where drivers shall stop when directed by an official traffic-control device
or police agent.
"Street" or "highway" means the entire width between the
boundary lines of every way publicly maintained when any part thereof is open
to the use of the public for purposes of vehicular travel; or the entire width
of every way declared to be a public street or highway by any law of this state.
(Editor's note: By this definition, "street" and "highway"
are synonymous and interchangeable.)
"Taxi" and "taxicab" means a licensed public motor vehicle
for hire designed and constructed to seat not more than ten persons and operating
as a common carrier on call or demand.
"Through street or highway" means every street or highway or portion
thereof on which vehicular traffic is given preferential right-of-way and at
the entrances to which other vehicular traffic from intersecting streets or
highways is required by law to yield the right-of-way to vehicles on such through
street or highway in obedience to either a stop sign, a yield sign, or other
official traffic-control device, when such signs or devices are erected as provided
in this title.
"Traffic" means pedestrians, ridden or herded animals, vehicles, streetcars
and other conveyances either singly or together while using any street or highway
for the purposes of travel.
"Traffic accident" means any accident involving any motor vehicle
in motion while using a street or highway for the purpose of travel.
"Traffic-control signal" means any device whether manually, electrically
or mechanically operated by which traffic is alternately directed to stop and
permitted to proceed.
"Trailer" means any wheeled vehicle, without motive power and having
an empty weight of more than two thousand pounds, which is designed to be drawn
by a motor vehicle and to carry its cargo load wholly upon its own structure
and which is generally and commonly used to carry and transport property over
the public highways.
"Trailer coach" or "mobile home" means any wheeled vehicle
having an overall width not exceeding eight feet and an overall length, excluding
towing gear and bumpers, of not less than twenty-six feet and not more than
forty feet which is a single self-contained unit, without motive power, which
is designed and generally and commonly used for occupancy by persons for residential
purposes, in either temporary or permanent locations and which may occasionally
be drawn over the public highways by a motor vehicle and is licensed as a vehicle.
"Truck" means any motor vehicle equipped with a body designed to carry
property and which is generally and commonly used to carry and transport property
over the public highways.
"Truck tractor" means any motor vehicle which is generally and commonly
designed and used to draw a semi-trailer and its cargo load over the public
highways.
"Truck tractor- laden" or "laden truck tractor" means any
motor vehicle carrying cargo or designed to carry cargo that is generally and
commonly designed and used to draw a semi-trailer or trailer and its cargo load
over the public highways.
"Truck tractor - unladen" or "unladen truck tractor" means
any motor vehicle not carrying cargo that is generally and commonly designed
and used to draw a semi-trailer or trailer and its cargo load over the public
highways.
"Vehicle" means any device which is capable of moving itself, or of
being moved, from place to place upon wheels or endless tracks. "Vehicle"
includes any bicycle, but such term does not include any wheelchair, off-highway
vehicle, snowmobile, any farm tractor or any implement of husbandry designed
primarily or exclusively for use and used in agricultural operations or any
device moved by muscular power, or moved exclusively over stationary rails or
tracks or designed to move primarily through the air.
"Toy vehicle" means any vehicle, whether or not home-built by the
user, that has wheels with an outside diameter of not more than fourteen inches
includes and is not designed, approved, or intended for use on public roadways
or highways. "Toy vehicle" includes, but is not limited to, gas-powered
or electric-powered vehicles commonly known as mini bikes, "pocket"
bikes, kamikaze boards, go-peds, and stand-up scooters.
"Vessel" means every description of watercraft used or capable of
being used as a means of transportation of persons and property on water, other
than single-chambered air-inflated devices or seaplanes.
"Wheelchair" means a motorized or non-motorized wheeled device designed
for use by a person with a physical disability.
"Yield" means to take appropriate action to grant the right-of-way.
(Ord. O-2006-30 § 22, 2006; Ord. O-2001-35 § 3; 2001; Ord. O-2000-45
§ 6, 2000; Ord. O-97-62 § 58, 1997; Ord. O-94-34 §§ 43-45,
1994; Ord. O-89-75 § 3, 1989; Ord. O-89-32 § 6, 1989; Ord. O-87-87
§ 23, 1987; Ord. O-84-60 § 15, 1984; Ord. O-80-76 § 13, 1980;
Ord. O-78-79 §§ 18 and 19, 1978; Ord. O-77-86 § 39, 1977; Ord.
O-74-44 § 1 (part), 1974).
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