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O-2006-30

AN ORDINANCE

AMENDING SECTION 1.01.130 OF CHAPTER 1.01 PERTAINING TO CODE ADOPTION AND ADDING SECTIONS 10.51.115, 10.60.175, 10.60.176, 10.60.177, AND 10.60.230 AND AMENDING SECTIONS 10.12.030, 10.15.015, 10.15.060, 10.18.010, 10.18.020, 10.27.010, 10.36.030, 10.45.120, 10.51.050, 10.51.110, 10.54.050, 10.60.100, 10.60.195, 10.63.080, 10.66.190, AND 10.75.020 OF TITLE 1O 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. Section 1.01.130 of the Lakewood Municipal Code is hereby amended and shall be as follows:

1.01.130 ADOPTION OF SECONDARY CODES - TRAFFIC CONTROL DEVICES.

Pursuant to Title 31, Article 16, of the Colorado Revised Statutes, there are adopted by reference in this chapter the following, as secondary codes together with such amendments and modifications as may be adopted by the publishing agencies:

A. The Manual on Uniform Traffic Control Devices for Streets and Highways, as amended by official changes, developed with the cooperation of the American Association of State Highway Officials and the National Joint Committee on Uniform Traffic Control Devices and published by the U.S. Department of Transportation, Federal Highway Administration, 2003 Edition and available from the Superintendent of Documents, U.S. Government Printing Office, Washington D.C. 20402; and

B. The Colorado Supplement to Manual on Uniform Traffic Control Devices for Streets and Highways, adopted in subsection (A) of this section, issued by the Colorado State Department of Highways, Division of Highways, 2003 Edition.

C. The two manuals referred to in this section are adopted by reference as secondary codes supplementing the primary code adopted in this chapter. While the primary code adopted herein contains comprehensive traffic-control regulations within the City of Lakewood, the two codes adopted by reference in this section provide for and contain standards and specifications for uniform traffic-control devices. At least one copy of each said secondary code is now on file in the office of the clerk of the City of Lakewood, Colorado, and may be inspected during regular business hours the same being adopted as if set out at length.

SECTION 2. Section 10.12.030 of the Lakewood Municipal Code is hereby amended and shall be as follows:

10.12.030 CERTAIN VEHICLES MUST STOP AT RAILROAD GRADE CROSSINGS.

A. Except as otherwise provided in this section, the driver of a school bus carrying any school child, the driver of a vehicle carrying hazardous materials that is required to be placarded in accordance with the regulations issued pursuant to Section 42-20-108, C.R.S., or the driver of a commercial vehicle, as defined in Section 42-4-235, C.R.S., that is transporting passengers, before crossing at grade any tracks of a railroad shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train and shall not proceed until he can do so safely.

B. After stopping as required in this section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not manually shift gears while crossing the tracks.

C. When stopping is required at such railroad crossing the driver shall keep as far to the right of the roadway as possible and shall not form two lanes of traffic unless the street or roadway is marked for four or more lanes of traffic.

D. Subsections (A) and (B) of this section shall not apply at:

1. Any railroad grade crossing at which traffic is regulated by a traffic-control signal;

2. Any railroad grade crossing at which traffic is controlled by a law enforcement officer or human flagman;

3. Any railroad crossing where state or local road authorities within their respective jurisdictions have determined that trains are not operating during certain periods or seasons of the year and have erected an official sign carrying the legend "exempt crossing," which shall give notice when so posted that such crossing is exempt from the stopping requirement provided for in this section;

4. Street railway grade crossing within a business district.

E. Any person who violates any provision of this section commits a Class 3 traffic offense.

SECTION 3. Section 10.15.015 of the Lakewood Municipal Code is hereby amended and shall be as follows:

10.15.015 DESIGNATION OF HIGHWAY MAINTENANCE, REPAIR, OR CONSTRUCTION ZONES - SIGNS - INCREASE IN PENALTIES FOR CERTAIN VIOLATIONS.

A. If maintenance, repair, or construction activities are occurring or will be occurring within four hours on a state highway or municipal street, the department of transportation or the City of Lakewood may designate such portion of the highway as a highway maintenance, repair, or construction zone. Any person who commits a violation of any provision of Chapters 10.06, 10.09, 10.18, 10.21, 10.24, 10.27, 10.30, 10.45, 10.54, or 10.57 or Section 10.60.100 or Section 10.60.130 of the Lakewood Municipal Code in a maintenance, repair, or construction zone that is designated pursuant to the provisions of this section is subject to increased penalties and surcharges.

B. The department of transportation or the City of Lakewood shall designate a maintenance, repair, or construction zone by erecting or placing an appropriate sign in a conspicuous place before the area where the maintenance, repair, or construction activity is taking place or will be taking place within four hours. Such sign shall notify the public that increased penalties for certain traffic violations are in effect in such zone. The department of transportation or the City of Lakewood shall erect or place a second sign after such zone indicating that the increased penalties for certain traffic violations are no longer in effect. A maintenance, repair, or construction zone begins at the location of the sign indicating that increased penalties are in effect and ends at the location of the sign indicating that the increased penalties are no longer in effect.

C. Signs used for designating the beginning and end of a maintenance, construction, or repair zone shall conform to the department of transportation requirements. The department of transportation or the City of Lakewood may display such signs on any fixed, variable, or moveable stand. The department of transportation or the City of Lakewood may place such a sign on a moving vehicle if required for certain activities, including, but not limited to, highway painting work.

D. The penalties and surcharges imposed for traffic violations set forth in subsection (A) of this section are doubled if said traffic violation occurs within a maintenance, repair, or construction zone that is designated pursuant to the requirements of this section.

SECTION 4. Section 10.15.060 of the Lakewood Municipal Code is hereby amended and shall be as follows:

10.15.060 SPEED CONTESTS - SPEED EXHIBITIONS - AIDING AND FACILITATING.

A. 1. Except as otherwise provided in subsection (D) of this section, it is unlawful for any person to engage in a speed contest on a highway.

2. For the purposes of this section, "speed contest" means the operation of one or more motor vehicles to conduct a race or a time trial, including but not limited to rapid acceleration, exceeding reasonable and prudent speeds for highways and existing traffic conditions, vying for position, or performing one or more lane changes in an attempt to gain advantage over one or more of the other race participants.

B. 1. Except as otherwise provided in subsection (D) of this section, it is unlawful for a person to knowingly engage in a speed exhibition on a highway.

2. For the purpose of this section, "speed exhibition" means the operation of a motor vehicle to present a display of speed or power. "Speed exhibition" includes, but is not limited to, squealing the tires of a motor vehicle while it is stationary or in motion, rapid acceleration, rapid swerving or weaving in and out of traffic, producing smoke from tire slippage, or leaving visible tire acceleration marks on the surface of the highway or ground.

C. 1. Except as otherwise provided in subsection (D) of this section, a person shall not, for the purpose of facilitating or aiding or an as incident to any speed contest or speed exhibition upon a highway, in any manner obstruct or place a barricade or obstruction, or assist or participate in placing any such barricade or obstruction, upon a highway.

2. A person who violates any provision of this subsection (C) commits, the offense that the person aided in or facilitated the commission of. Nothing in this subsection (C) shall be construed to preclude charging a person for otherwise being a party to the crime of engaging in a speed contest or engaging in a speed exhibition.

D. The provisions of this section shall not apply to the operation of a motor vehicle in an organized competition according to accepted rules on a designated and duly authorized racetrack, racecourse, or drag strip.

E. Any person who violates any provision of this section commits a Class 2 traffic offense.

SECTION 5. Section 10.18.010 of the Lakewood Municipal Code is hereby amended and shall be as follows:

10.18.010 RECKLESS DRIVING

Any person who drives any motor vehicle, bicycle, or motorized bicycle anywhere within this municipality in such a manner as to indicate either a willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Any person who violates this section commits a Class 2 traffic offense. A person convicted of reckless driving of a bicycle or motorized bicycle shall not be subject to the provisions of Section 42-2-127, C.R.S.

SECTION 6. Section 10.18.020 of the Lakewood Municipal Code is hereby amended and shall be as follows:

10.18.020 CARELESS DRIVING

Any person who drives any motor vehicle, bicycle, or motorized bicycle anywhere within this municipality in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. Any person who violates any provision of this section commits a Class 2 traffic offense. A person convicted of careless driving of a bicycle or motorized bicycle shall not be subject to the provisions of Section 42-2-127, C.R.S.

SECTION 7. Section 10.27.010 of the Lakewood Municipal Code is hereby amended and shall be as follows:

10.27.010 ONE-WAY ROADWAYS AND ROTARY TRAFFIC ISLANDS.

A. Upon a roadway restricted to one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices.

B. A vehicle passing around a rotary traffic island shall be driven only to the right of such island.

C. Any person who violates any provision of this section commits a Class 3 traffic offense.

SECTION 8. Section 10.36.030 of the Lakewood Municipal Code is hereby amended and shall be as follows:

10.36.030 PARKING PRIVILEGES FOR PERSONS WITH DISABILITIES.

A. Only a vehicle with distinguishing license plates or an identifying placard issued by the Department of Motor Vehicles or otherwise authorized by subsection (D) of this section, which indicates that the occupant of said vehicle is a person with disability, may be parked in any parking space identified as being reserved for use by persons with disabilities whether on public property or private property available for public use, or along any public street regardless of any time limitations imposed by official signs upon parking in such area; except that a time limitation to park on any public street shall not be limited to less four hours. The time limits in such area shall be clearly posted. Such privilege shall not apply to zones in which:

1. Stopping, standing or parking of all vehicles is prohibited at all times;

2. Only special vehicles may be parked; or

3. Parking is not allowed during special periods of the day in order to accommodate heavy traffic.

B. The owner of private property available for public use may install signs which clearly identify certain parking spaces as reserved for use by persons with disabilities. The installation of such signs shall be a waiver of any objection the owner of private property may assert concerning enforcement of this section by peace officers or authorized parking enforcement volunteers.

C. It is unlawful for any person other than a person with a disability to park in a parking space on public or private property which is clearly identified as being reserved for use by persons with disabilities unless such person is parking the vehicle for the direct benefit of a person with a disability to enter or exit the vehicle while it is parked in the space reserved for use by persons with disabilities and the vehicle displays a placard or a license plate issued to a person with a disability. Such placard or license plate shall be displayed at all times on the vehicle while parked in such space.

D. Any person who is not a person with a disability and who uses a license plate or placard issued by the Department of Motor Vehicles in order to receive the benefits or privileges available to a person with disability commits a Class 4 traffic offense and shall be subject to a fine of up to twice the maximum penalty identified for a Class 4 traffic offense.

E. It is unlawful for any person to park a vehicle as to block reasonable access to curb ramps or passenger loading zones that are clearly identified and are adjacent to a parking space reserved for use by persons with disabilities unless such person is loading or unloading a person with a disability.

F. Persons with disabilities from states other than Colorado shall be allowed to use parking spaces for persons with disabilities in Colorado so long as such persons have valid license plates or placards from their home state.

G. Each parking space reserved for use by persons with disabilities whether on public property or private property shall be marked with an upright sign, which sign may be stationary or portable, identifying such parking space as reserved for use by persons with disabilities.

H. For the purposes of this section, a parking enforcement volunteer is defined as any person designated by the chief of police, who is not a police agent, as having the authority to enforce the provisions of this section. A parking enforcement volunteer shall have the power and authority to issue and serve summonses and complaints in the municipal court for violations of this section. Nothing contained in this subsection shall vest or be taken to vest in parking enforcement volunteers other powers, duties, rights, and emoluments of sworn police agents of the City of Lakewood.

I. Any person who violates any provision of this section commits a Class 4 traffic offense.

SECTION 9. 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. No person shall use an electronic device, without lawful authority, that causes a traffic light to change.

C. No person shall possess or sell, without lawful authority, an electronic device that is designed to cause a traffic light to change.

D. Any person who violates any provision of this section commits a Class 4 traffic offense.

SECTION 10. Section 10.51.050 of the Lakewood Municipal Code is hereby amended and shall be as follows:

10.51.050 RIDING ON ROADWAYS AND BICYCLE PATHS.

A. Every bicyclist and motorized bicycle rider using a roadway shall ride as near to the right side of the roadway as practicable, always moving in the same direction as other vehicular traffic except where a designated two-way bikeway is provided, exercising care when passing a standing vehicle or one proceeding in the same direction. On paved roadways where no adjacent or contiguous space for the bicyclist or motorized bicycle rider has been designated, the bicyclist has a nonexclusive right to use the right-most portion of the paved roadway necessary for safe travel except where such use is prohibited.

B. 1. Persons riding bicycles upon a roadway shall ride single file; except that riding no more than two abreast is permitted in the following circumstances:

a. When riding two abreast will not impede the normal and reasonable movement of traffic; or

b. When riding on paths or part of roadways set aside for the exclusive use of bicycles.

2. Persons riding bicycles two abreast shall ride within a single lane.

3. Persons riding motorized bicycles upon a roadway shall not ride more than two abreast except on lanes or parts of roadways set aside for the exclusive use of bicycle.

C. Except as otherwise provided in this subsection, every person riding a bicycle shall signal the intention to turn or stop in accordance with the provisions of Section 42-4-903, C.R.S.; except that a person riding a bicycle may signal a right turn with the right arm extended horizontally. A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the bicycle before turning and shall be given while the bicycle is stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in control or operation of the bicycle.

D. On off-street bikeways, all bicyclists shall ride on the right side of the bikeway.

E. A person riding a bicycle upon and along a sidewalk or pathway or across a roadway and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. A person riding a bicycle in a crosswalk shall do so in a manner that is safe for pedestrians.

F. 1. When traffic-control signals are not in place or not in operation, the driver of a vehicle approaching on that street shall yield the right-of-way, slowing down or stopping, if need be to so yield, to a bicyclist crossing the roadway in the marked pedestrian crosswalk.

2. No bicyclist or motorized bicycle rider shall suddenly leave a curb or other place of safety and ride, walk, or run into the path of a moving vehicle which is so close as to constitute an immediate hazard.

G. Whenever special pedestrian-control signals exhibiting the words "Walk" or "Don't Walk" are in place, such signal shall control the actions of bicyclists using the pedestrian crosswalks as follows:

1. "Walk." While the "Walk" indication is illuminated, the bicyclists facing such signal may proceed across the roadway in the direction of the signal indication.

2. "Don't Walk" (flashing). Whenever the "Don't Walk" indication is flashing, no bicyclist shall start to cross the roadway in the direction of the indication, but any bicyclist who has partially completed his 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 bicyclist.

3. "Don't Walk" (steady). While the "Don't Walk" indication is steadily illuminated, no bicyclist shall enter the roadway to cross that roadway in a pedestrian crosswalk in the direction of the signal indication.

4. Whenever the signal system provides for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and "Walk" and "Don't Walk" signal indications control such pedestrian movement, bicyclists may cross in any direction between the corners of the intersection offering the shortest route within the boundaries of the intersection or the "Walk" indication exhibited, if signals and other official devices direct pedestrian movement in such a manner consistent with Section 10.45.050(A)(3)(d).

H. Any person who violates any provision of this section commits a Class 4 traffic offense.

SECTION 11. Subsection 10.51.110 of the Lakewood Municipal Code is hereby amended and shall be as follows:

10.51.110 EQUIPMENT ON BICYCLES.

A. Every bicycle, when in use on a street or highway between sunset and sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, person and vehicles on the street or highway are not clearly discernible at a distance of one thousand feet ahead, shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front.

B. Every bicycle shall be equipped with a red reflector on the rear of a type approved by the department of revenue, which shall be visible for six hundred feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle or, in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least five hundred feet.

C. No bicycle shall be equipped with, nor shall any person use upon a bicycle, any siren or whistle.

D Every bicycle shall be equipped with a brake or brakes which will enable its rider to stop the bicycle within twenty-five feet from a speed of ten miles per hour on dry, level, clean pavement.

E. Any person who violates any provision of this section commits a Class 4 traffic offense.

SECTION 12. Section 10.51.115 of the Lakewood Municipal Code is hereby added and shall be as follows:

10.51.115 EQUIPMENT ON MOTORIZED BICYCLES.

A. Every motorized bicycle when in use on a street or highway between sunset and sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, person and vehicles on the street or highway are not clearly discernible at a distance of one thousand feet ahead shall be equipped with a lamp on the front, which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear, of a type approved by the
department, which shall be visible from all distances from fifty to three hundred feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector.

B. No person shall operate a motorized bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet; except that a motorized bicycle shall not be equipped with nor shall any person use upon a motorized bicycle a siren or whistle.

C. Every motorized bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement.

D. Any person who violates any provision of this section commits a Class 4 traffic offense.

SECTION 13. Subsection 10.54.050(B) 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 RECYCLABLES.

B. 1. A vehicle shall not be driven or moved on a highway if the vehicle transporting trash or recyclables unless at least one of the following conditions is met:

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;

c. The load is required to be secured under and complies with 49 CPR 392 and 393;

d. The vehicle is loaded in such a manner or the load itself has physical characteristics such that the contents will not escape from the vehicle. Such a load may include, but is not limited to, heavy scrap metal or hydraulically compressed scrap recyclables.

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.

SECTION 14. Section 10.60.100 of the Lakewood Municipal Code is hereby amended and shall be as follows:

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.

SECTION 15. Section 10.60.175 of the Lakewood Municipal Code is hereby added and shall be as follows:

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.

SECTION 16. Section 10.60.176 of the Lakewood Municipal Code is hereby added and shall be as follows:

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.

SECTION 17. Section 10.60.177 of the Lakewood Municipal Code is hereby added and shall be as follows:

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.

SECTION 18. Section 10.60.195 of the Lakewood Municipal Code is hereby amended and shall read as follows:

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.

SECTION 19. Section 10.60.230 of the Lakewood Municipal Code is hereby added and shall be as follows:

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.

SECTION 20. Section 10.63.080 of the Lakewood Municipal Code is hereby amended and shall be as follows:

10.63.080 OPERATION OF VEHICLES AND ACTIONS OF PEDESTRIANS ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES.

A. Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the requirements of state law, the driver of every other vehicle shall yield the right-of-way and where possible shall immediately clear the farthest left-hand lane lawfully available to through traffic and shall drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a roadway clear of any intersection, and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

B. 1. A driver in a vehicle that is approaching or passing a stationary authorized emergency vehicle that is giving a visual signal by means of flashing, rotating, or oscillating emergency red, blue, or white lights as permitted by state law, shall exhibit due care and caution and proceed as described in paragraphs (2) and (3) of this subsection (B).

2. On a highway with at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary authorized emergency vehicle is located, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right-of- way by moving into a lane at least one moving lane apart from the stationary authorized emergency vehicle, unless directed otherwise by a peace officer or other authorized emergency personnel. If movement to an adjacent moving lane is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic, the driver of the approaching vehicle shall proceed in the manner described in paragraph (3) of this subsection (B).

3. On a highway that does not have at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary authorized emergency vehicle is located, or if movement by the driver of the approaching vehicle into an adjacent moving lane, as described in paragraph (2) of this subsection (B), is not possible, the driver of the approaching vehicle shall reduce and maintain a safe speed with regard to the location of the stationary authorized vehicle, weather conditions, road conditions, and vehicular or pedestrian traffic and proceed with due care and caution, or as directed by a peace officer or other authorized emergency personnel.

C. Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the requirements of the state law, 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.

D. Any person who violates any provision of subsection A of this section commits a Class 3 traffic offense. Any person who violates subsection (B) of this section commits careless driving as described in Section 10.18.020. Any person who violates any provision of subsection (C) of this section commits a Class 4 traffic offense.

SECTION 21. Section 10.66.190 of the Lakewood Municipal Code is hereby amended and shall be as follows:

10.66.190 AUTHORITY TO IMPOUND VEHICLES.

A. Whenever a police agent finds any vehicle parked upon any public street or public right of way in violation of the parking restrictions or prohibitions contained on any official sign or signs or when any vehicle obstructs or interferes with the free flow of traffic, street maintenance, or access of emergency vehicles or equipment, or when any item, article, object, or vehicle which causes or tends to obstruct the free movement of pedestrians or other traffic upon a sidewalk, a police agent may order the vehicle towed to an impound lot or the item, article, or object removed.

B. Nothing in this section shall prohibit the towing of a vehicle to the impound lot pursuant to another section of this title.

SECTION 22. Section 10.75.020 of the Lakewood Municipal Code is hereby amended by the addition of the following definition:

10.75.020 DEFINITIONS.

"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.

SECTION 23. 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 13th day of November, 2006; published by title in the Rocky Mountain News and in full on the City of Lakewood's website, www.lakewood.org, on the 16th day of November, 2006; set for public hearing on the 27th day of November, 2006, read, finally passed and adopted by the City Council on the 27th day of November, 2006, and, signed and approved by the Mayor on the 28th day of November, 2006.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

APPROVED AS TO FORM:
Roger Noonan, City Attorney

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