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O-2005-11
AN ORDINANCE
ADDING SECTION 10.30.030 10.54.130, AND 10.57.090 AND AMENDING SECTIONS 10.15.010 (B)(4), 10.45.130, 10.54.050, 10.57.040, 10.60.190, AND 10.60.220 OF TITLE 10 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO VEHICLES AND TRAFFIC
BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Paragraph (4) of subsection 10.15.010 (B) is hereby amended and shall be as follows:
10.15.010 SPEED LIMITS
B.4. Forty-five miles per hour for all single rear axle vehicles in the business of transporting trash that exceed twenty thousand pounds, where higher speeds are posted, when said vehicle is loaded as an exempted vehicle pursuant to Section 42-4-507 (3), C.R.S.;
SECTION 2. Section 10.30.030 of the Lakewood Municipal Code is hereby added and shall be as follows:
10.30.030 ILLEGAL USE OF THE PASSING LANE - DEFINITIONS - PENALTY
A. A person shall not drive a motor vehicle in the passing lane of a highway if the speed limit is sixty-five miles per hour or more unless such person is passing other motor vehicles that are in a nonpassing lane or turning left, or unless the volume of traffic does not permit the motor vehicle to safely merge into a nonpassing lane.
B. For the purposes of this section:
1. "Nonpassing lane" means any lane that is to the right of the passing lane if there are two or more adjacent lanes of traffic moving in the same direction in one roadway.
2. "Passing lane" means the farthest to the left lane if there are two or more adjacent lanes of traffic moving in the same direction in one roadway, except that if such left lane is restricted to high occupancy vehicle use or is designed for left turns only, the passing lane shall be the lane immediately to the right of such high occupancy lane or left-turn lane.
C. A person who violates this section commits a Class 3 traffic offense.
SECTION 3. Section 10.45.130 of the Lakewood Municipal Code is hereby amended and shall be as follows:
10.45.130 INTERFERENCE WITH OFFICIAL DEVICES
A. No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, remove or interfere with the effective operation of any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof.
B. Using an electronic device, without lawful authority, that causes a traffic light to change shall constitute interference with a traffic control device for the purposes of this section.
C. Any person who violates any provision of this section commits a Class 4 traffic offense.
SECTION 4. Section 10.54.050 of the Lakewood Municipal Code is hereby amended and shall be as follows:
10.54.050 SPILLING LOADS ON STREETS OR HIGHWAYS - PREVENTION OF SPILLING AGGREGATE, TRASH, OR RECYCLEABLES.
A. No vehicle shall be driven or moved on any highway unless such vehicle is constructed or loaded or the load thereon securely covered to prevent any of its load from blowing, dropping, sifting, leaking or otherwise escaping there from, except that material may be dropped for the purpose of securing traction or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway.
B. 1. A vehicle shall not be driven or moved on a highway if the vehicle is transporting trash or recyclables unless:
a. The load is covered by a tarp or other cover in a manner that prevents the load from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle;
b. The vehicle utilizes other technology that prevents the load from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle, or
c. The load is required to be secured under 49 CFR Parts 392 and 393.
2. Paragraph (1) of this subsection (B) shall not apply to a motor vehicle in the process of collecting trash or recyclables within a one-mile radius of the motor vehicle's last collection point.
C. 1. No vehicle shall be driven or moved on any highway for a distance of more than two miles if the vehicle is transporting aggregate material with a diameter of one inch or less unless:
a. The load is covered by a tarp or other cover in a manner that prevents the aggregate material from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle, or
b. The vehicle utilizes other technology that prevents the aggregate material from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle.
2. Paragraph (1) of this subsection (C) shall not apply to a vehicle:
a. Operating entirely within a marked construction zone;
b. Involved in maintenance of public roads during snow or ice removal operations; or
c. Involved in emergency operations when requested by a law enforcement agency
or an emergency response authority designated in or pursuant to Section 29-22-102,
C.R.S.
D. For the purposes of this Section:
1. "Aggregate material" means any rock, clay, silts, gravel, limestone, dimension stone, marble, and shale, except that "Aggregate Material" does not include hot asphalt, including asphalt patching material, wet concrete, or other materials not susceptible to blowing.
2. "Recyclables" means material or objects that can be reused, reprocessed, remanufactured, reclaimed, or recycled.
3. "Trash" means material or objects that have been or are in the process of being discarded or transported.
E. 1. Except as otherwise provided in Paragraph (2) or (3) of 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 this section while driving or moving a car or pickup truck without causing bodily injury to another person commits a Class 3 traffic offense.
3. Any person who violates any provision of this section while driving or moving a car or pickup truck and thereby proximately causes bodily injury to another person commits a Class 2 Misdemeanor traffic offense.
SECTION 5. Section 10.54.130 of the Lakewood Municipal Code is hereby added and shall be as follows:
10.54.130 SPLASH GUARDS - WHEN REQUIRED.
A. As used in this section, unless the context otherwise requires:
1. "Splash guards" means mud flaps, rubber, plastic or fabric aprons, or other devices directly behind the rear-most wheels, designed to minimize the spray of water and other substances to the rear.
2. "Splash guards" must, at a minimum, be wide enough to cover the full tread of the tire or tires being protected, hang perpendicular from the vehicle not more than ten inches above the surface of the street or highway when the vehicle is empty, and generally maintain their perpendicular relationship under normal driving conditions.
B. Except as otherwise permitted in this section, no vehicle or motor vehicle shall be driven or moved on any street or highway unless the vehicle or motor vehicle is equipped with splash guards.
C. This section does not apply to:
1. Passenger carrying motor vehicles registered pursuant to Section 42-3-134(4), C.R.S.;
2. Trucks and truck tractors registered pursuant to Section 42-3-134(12) or (13), C.R.S. having an empty weight of ten thousand pounds or less;
3. Trailers equipped with fenders or utility pole trailers;
4. Vehicles while involved in chip and seal or paving operations or road widening equipment;
5. Truck tractors or converter dollies when used in combination with other vehicles;
6. Vehicles drawn by animals, or
7. Bicycles.
D. Any person who violates any provision of this section commits a Class 4 traffic offense.
SECTION 6. Section 10.57.040 of the Lakewood Municipal Code is hereby amended and shall be as follows:
10.57.040 WINDOWS UNOBSTRUCTED - CERTAIN MATERIALS PROHIBITED.
A. 1. Except as provided in this Paragraph (1); no person shall operate any motor vehicle registered in Colorado on which any window, except the windshield, is composed of, covered by, or treated with any material or component which presents an opaque, nontransparent or metallic or mirrored appearance in such a way that it allows less than twenty-seven percent light transmittance. The windshield shall allow seventy percent light transmittance. The provisions of this Paragraph (1) shall not apply to the windows to the rear of the driver, including the rear window, on any motor vehicle, however, if such windows allow less than twenty-seven percent light transmittance, then the front side windows and the windshield on such vehicles shall allow seventy percent light transmittance.
2. Notwithstanding any provision of Paragraph (1) of this subsection (A) nontransparent material may be applied, installed, or affixed to the topmost portion of the windshield subject to the following:
a. The material is not red or amber in color, nor does it affect perception of primary colors or otherwise distort vision or contain lettering that distorts or obstructs vision;
b. The bottom edge of the material extends no more than four inches measured from the top of the windshield down;
c. The material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or preceding vehicles to any greater extent than the windshield without the material.
3. Nothing in this subsection (A) shall be construed to prevent the use of any window when it is composed of, covered by, or treated with any material or component in a manner approved by federal statute or regulation if such window was included as a component part of a vehicle at the time of the vehicle manufacture, or the replacement of any such window by covering which meets such guidelines.
4. No materials shall be used on any window in the motor vehicle that presents a metallic or mirrored appearance.
5. Nothing in this subsection (A) shall be construed to deny or prevent the use of certificates or other papers which do not obstruct the view of the driver and which may be required by law to be displayed.
B. Any person who violates any provision of this section commits a Class 4 traffic offense.
C. This section shall apply to all motor vehicles.
SECTION 7. Section 10.57.090 of the Lakewood Municipal Code is hereby added and shall be as follows:
10.57.090 NUMBER PLATES TO BE ATTACHED
A. Number plates assigned to a self-propelled vehicle other than a motorcycle or street rod vehicle shall be attached thereto, one in the front and the other in the rear. The number plate assigned to a motorcycle, street rod vehicle, trailer, or semitrailer, any other vehicle drawn by a motor vehicle, or any item of mobile machinery or self-propelled construction equipment shall be attached to the rear thereof.
B. Every number plate shall at all times be securely fastened to the vehicle to which it is assigned, so as to prevent the plate from swinging, and shall be horizontal at a height not less than twelve inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, and shall be maintained free from foreign materials and in a condition to be clearly legible.
C. Any person who violates any provision of this section commits a Class 4 traffic offense.
SECTION 8. Section 10.60.190 of the Lakewood Municipal Code is hereby amended and shall be as follows:
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.
SECTION 9. Section 10.60.220 of the Lakewood Municipal Code is hereby amended and shall be as follows:
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.
SECTION 10. 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 28th day of February, 2005; published in full in the Lakewood Sentinel on the 3rd day of March, 2005; set for public hearing on the 28th day of March, 2005; read, finally passed and adopted by the City Council on the 28th day of March 2005; and, signed and approved by the Mayor on the 29th day of March, 2005.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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