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ORDINANCE: O-2006-30
SUBJECT: Amending Title 1 of the Lakewood Municipal Code pertaining to code adoption and amending Title 10 of the Lakewood Municipal Code pertaining to vehicles and traffic.
RECOMMENDATION: Mayor and City Council approve the proposed ordinance.
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The traffic provisions contained in Title 10 of the Lakewood Municipal Code are periodically updated in order to reflect the legislative changes made to the state traffic laws. The proposed ordinance amends Title 1 pertaining to code adoption and Title 10, pertaining to vehicles and traffic, by making the following changes:
•Adoption by reference of the Manual on Uniform Traffic Control Devices. The proposed amendment updates the federal and state supplement to the Manual on Uniform Traffic Control Devices for Streets and Highways to adopt the most recent edition, 2003, being currently used by traffic engineering. The last manuals that were adopted by reference were dated 1988 and 1989.
• Stopping at Railroad Crossings. The proposed amendment updates the municipal
provision to reflect the changes made to the state counterpart of this provision
by the legislature. Commercial vehicles are added to the list of vehicles that
must stop at railroad crossings. (The definition applies only to vehicles designed
to carry 16 people or more.) The exception to the stopping requirement for railroad
crossings protected by a gate or flashing light has been removed.
• Increase in Penalties for Violations in Highway Maintenance, Repair,
or Construction Zones. The proposed amendment mirrors the change in state law
that doubled certain driving-violation fines within construction zones. The
state law now doubles the fines applicable to traffic violations such as passing
violations and offenses such as following too closely. Previously, work-zone
fines were doubled only for speeding. The change in state law was known as the
Lopez-Forster Act, named in honor of two Colorado Department of Transportation
maintenance employees killed in 2004 by a drunken driver.
• Speed Contests - Speed Exhibitions - Aiding and Facilitating. The state traffic provisions banning speed contests and speed exhibitions were recently rewritten by the state legislature. The proposed amendment mirrors these changes to include a definition of speed contest and speed exhibition as well as creating the offense of aiding or facilitating a speed contest or speed exhibition.
• Reckless and Careless Driving. The proposed amendments makes minor changes to these two traffic offenses to update the statutory references to state traffic laws and mirror the exact language in state law.
• Rotary Traffic Islands. Previously the municipal traffic code did not contain any provision that regulated driving in a rotary traffic island. Since the City now has several traffic islands, the police department requested that the municipal traffic code be updated to add such a provision.
• Parking Privileges for Persons with Disabilities. The proposed amendment updates the disabled parking law to reflect changes to state law.
• Interference with Official Devices. This proposed amendment creates a new traffic infraction for anyone who possesses or sells (without lawful authority) an electronic device that is designed to cause traffic lights to change. This new traffic infraction was recently created by the state legislature.
• Riding on Roadways and Bicycle Paths. The proposed amendment mirrors changes made to the state bicycle traffic laws to allow bicycles to ride two abreast (but not more) when that will not impede the normal and reasonable flow of traffic. Also the proposal will require bicyclists on a bike path to yield the right-of-way to pedestrians and give an audible signal before passing a pedestrian and requires a person riding a bicycle in a crosswalk to do so in a manner that is safe for pedestrians.
• Equipment on Bicycles and Motorized Bicycles. The proposed changes update the equipment requirements for both bicycles and motorized bicycles to reflect the mandates of state traffic law.
• Spilling Loads and Foreign Matter on Street or Highway Prohibited. The proposed amendments to these two traffic provisions mirror changes made by the legislature to the state counterpart of these provisions. The proposal adds human waste to items that are prohibited from being thrown or deposited on or along a highway.
• Restrictions on Minor Drivers Under Eighteen Years of Age. The proposed addition to the municipal traffic code mirrors restrictions passed last year by the legislature to increase the safety of newly licensed minor drivers. The new provision makes it a traffic infraction for a minor driver (under age 18) who has had a driver's license for less than six months to operate a motor vehicle containing a passenger who is under 21 and who is not an immediate family member. A minor driver who has been licensed for six months but less than one year is prohibited from operating a motor vehicle containing more than one passenger under 21 years old and who is not an immediate family member. Immediate family member is defined as a person who is related by blood, marriage, or adoption. Several exceptions to this prohibition are included.
The proposed addition also prohibits a minor driver from driving from 12:00 midnight to 5:00 a.m. until having a valid driver's license for at least one year. Exceptions are created for certain situations.
• Permitting Unauthorized Minor to Drive. The proposed addition to the municipal traffic code makes it illegal to cause or knowingly permit a minor to drive a motor vehicle upon any highway when the minor has not been issued a currently valid minor driver's license or instruction permit or to cause or knowingly permit a violation of the conditions, limitations, or restrictions contained in the minor driver's license or instruction permit.
• Permitting Unauthorized Person to Drive. This proposed addition to the municipal traffic code makes it illegal to authorize or knowingly permit a motor vehicle owned or under one's control to be driven upon any highway by any person who has not been issued a valid driver's license or instruction permit or in violation of the conditions, limitations, or restrictions contained in said license or instruction permit.
• Seat Belt Restrictions on Minor Drivers Under Eighteen Years of Age. This proposed amendment mirrors the changes made to state law that increased from 17 to 18 the age at which restrictions are lifted on a minor driver. The new language requires all occupants in a vehicle driven by a minor to be properly restrained or wear seat belts. It also restricts the number of passengers allowed to occupy the front seat to one passenger when the driver is less than 18 years of age.
• Radar Jamming Devices Prohibited. This new addition mirrors a state traffic provision that prohibits using, possessing or selling a radar jamming device. It also prohibits operating a motor vehicle, which contains a radar jamming device. Such a device does not include legal radio equipment such as a CB or a ham radio.
• Right of Way for Stationary Emergency Vehicles. This proposed amendment imposes the requirement now contained in state law mandating that drivers approaching or passing a stationary emergency vehicle that is displaying flashing, rotating, or oscillating red, blue, or white lights: on highways with two through lanes in the direction of travel, the driver must move into a lane at least one lane apart from the emergency vehicle; or on highways with one lane in the direction of travel, or where there is only one available lane, the driver must reduce to a safe speed and proceed with due care and caution. Violating the stationary emergency vehicle provisions constitutes careless driving.
• Authority to Impound Vehicles. This proposed amendment was requested by patrol agents who have been frustrated by their inability to tow vehicles or trailers that block, overhang, or otherwise obstruct the free movement of pedestrians or other traffic upon a sidewalk.
• Definition of "toy vehicle." The proposed definition of toy vehicle was passed last year by the state legislature. It defines a toy vehicle as any vehicle, whether or not homemade, that has wheels with an outside diameter of not more than fourteen inches 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 such as mini bikes, pocket bikes, kamikaze boards, go-peds, and stand-up scooters. It is illegal to operate toy vehicles on the public streets. They may be operated on the sidewalks in Lakewood unless operated in a careless manner.
DATE OF FIRST READING: November 13, 2006
DATE OF SECOND READING: November 27, 2006
ORIGINATED BY: Police Department
STAFF PERSON RESPONSIBLE: Janet Young, Deputy City Attorney, 303-987-7102
DOCUMENTS ATTACHED: Ordinance
O-2006-30
Redline Version
SUBMITTED BY:
Ronald R. Burns, Chief of Police
REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager
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