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Title 11

TRAFFIC

Chapters:
11.04 Model Traffic Code
11.06 Traffic Infractions
11.08 Cruising Prohibited
11.12 Impoundment and Abandoned or Junked Vehicles
11.16 Parking Assessments
11.24 Parade Permits
11.28 Recreational Use of Vehicles
11.32 Use of Streets by Trucks and Commercial Vehicles
11.36 Parking Permits
11.37 Pedestrian Malls
11.38 Solicitation In or Near Street or Highway




Chapter 11.04

MODEL TRAFFIC CODE

Sections:
11.04.010   Adopted--Deletions.
11.04.020   Application of provisions as to place.
11.04.030   Status of headings.
11.04.040   Additions and modifications--Applicability.
11.04.050   Part 1, “TRAFFIC REGULATION--GENERALLY” amended.
11.04.051   Part 1, “TRAFFIC REGULATION--GENERALLY” amended.
11.04.060   Part 2, “EQUIPMENT” amended.
11.04.061   Part 2, “EQUIPMENT” amended.
11.04.062   Part 2, “EQUIPMENT” amended.
11.04.070   Part 5, “SIZE--WEIGHT--LOAD” amended.
11.04.071   Part 5, “SIZE--WEIGHT--LOAD” amended.
11.04.072   Part 5, “SIZE--WEIGHT--LOAD” amended.
11.04.080   Part 6, “SIGNALS--SIGNS--MARKINGS” amended.
11.04.081   Part 6, “SIGNALS--SIGNS--MARKINGS” amended.
11.04.090   Part 7, “RIGHTS OF WAY” amended.
11.04.091   Part 7, “RIGHTS OF WAY” amended.
11.04.092   Part 7, “RIGHTS OF WAY” amended.
11.04.100   Part 11, “SPEED REGULATIONS” amended.
11.04.110   Part 12, “PARKING” amended.
11.04.111   Part 12, “PARKING” amended.
11.04.112   Part 12, “PARKING” amended.
11.04.113   Part 12, “PARKING” amended.
11.04.114   Part 12, “PARKING” amended.
11.04.115   Part 12, “PARKING” amended.
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11.04.116       Part 12, “PARKING” amended.
11.04.117       Part 12, “PARKING” amended.
11.04.118       Part 12, “PARKING” amended.
11.04.119       Part 12, “PARKING” amended.
11.04.120       Part 14, “OTHER OFFENSES” amended.
11.04.121       Part 14, “OTHER OFFENSES” amended.
11.04.122       Part 14, “OTHER OFFENSES” amended.
11.04.123       Part 14, “OTHER OFFENSES” amended.
11.04.124       Part 14, “OTHER OFFENSES” amended.
11.04.130       DEFINITIONS--Amended.
11.04.131       DEFINITIONS--Amended.
11.04.140       Traffic offenses.
11.04.150       Penalties for violations.
11.04.160       Offenses by person controlling vehicle.

11.04.010 Adopted--Deletions.1
       Pursuant to Parts 1 and 2 of Article 16 of Title 31 C.R.S., as amended, and Sections
4.9 and 4.10 of the Charter for the City of Longmont, Colorado, the Longmont city council
hereby adopts the 2003 edition of “The Model Traffic Code” promulgated and published by
the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201
East Arkansas Avenue, EP 700., Denver, CO 80222.
       A copy of the Model Traffic Code adopted in this section is now filed in the office of
the city clerk and may be inspected during regular business hours. The following articles
and/or sections are inapplicable to this city and are therefore deleted:
       A.     Part 1, “TRAFFIC REGULATION-GENERALLY,” Section 103;
       B.     Part 2, “EQUIPMENT,” Section 222;
       C.     Part 7, “RIGHTS OF WAY,” Section 711;
       D.     Part 10, “DRIVING-OVERTAKING-PASSING,” Sections 1011 and 1012;
       E.     Part 14, “OTHER OFFENSES,” Section 1412 (11) (b), (c), (d) and (e);
       F.     Part 17, “PENALTIES AND PROCEDURE,” in its entirety;
       E.     Part 19, “SCHOOL BUSES,” Sections 1901, 1902, and 1904.
(Code 1993, § 11.04.010; Ord. No. O-2005-01, § 1)

11.04.020 Application of provisions as to place.
       This chapter applies to every street, alley, sidewalk area, driveway, park and every
other public way, public place or public parking area, either within or outside the
corporate limits of this city, which this city has jurisdiction and authority to regulate. The
provisions of the Model Traffic Code Sections: 606, Display of unauthorized signs or
devices; 1204, Stopping, standing or parking prohibited in specified places; 1211,
Limitations on backing; 1401, Reckless driving; 1402, Careless driving; and 1413, Eluding
or attempting to elude a police officer, apply throughout the jurisdiction of this city.
(Code 1993, § 11.04.020; Ord. No. O-2005-01, § 1)

11.04.030 Status of headings.
       Part and section headings of this chapter and the Model Traffic Code do not govern,
limit, modify or in any manner affect the scope, meaning or extent of the provisions of



1
    Legal Analysis: Code 1993, § 1.04.010. Adopted--Deletions. Deleted reference to inapplicable
         statutes.
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any article or section.
(Code 1993, § 11.04.030; Ord. No. No. 0-2005-01, § 1)

11.04.040 Additions and modifications--Applicability.
       The adopted Model Traffic Code is subject to the additions or modifications in
Sections 11.04.050 through 11.04.160. All sections not deleted, added to or modified by
this chapter remain as if set out at length in their original form.
(Code 1993, § 11.04.040; Ord. No. O-2005-01, § 1)

11.04.050 Part 1, “TRAFFIC REGULATION--GENERALLY” amended.
      Section 109 of Part 1 of the Model Traffic Code is amended to read as follows:

        109. Motorized bicycles, motorized skateboards, animals, skis, skates, toy vehicles,
and all-terrain recreational vehicles on highways. (1) Every person riding a motorized
bicycle upon a roadway where motorized bicycle travel is permitted shall be granted all of
the rights and shall be subject to all of the duties and penalties applicable to the driver of
a vehicle as set forth in this Code, except those provisions of this Code which, by their
very nature, can have no application. Said riders shall also comply with special rules set
forth in this section and in section 220(l)(b) and (1)(c) and, when using streets and
highways within municipalities and counties, shall be subject to local ordinances regulating
the operation of motorized bicycles as provided in C.R.S. § 42-4-111. Whenever the word
“vehicle” is used in any of the driving rules set forth in this article that are applicable to
motorized bicycle riders, such term shall include motorized bicycles.
        (2) A person riding a motorized bicycle shall not ride other than upon or astride a
permanent and regular seat attached thereto.
        (3) No motorized bicycle shall be used to carry more persons at one time than the
number for which it is designed and equipped.
        (4) No person riding upon any motorized bicycle, motorized skateboard, coaster,
roller skates, sled, or toy vehicle shall attach the same or himself or herself to any vehicle
upon any roadway.
        (5) Every person operating a motorized bicycle upon a roadway shall ride as close
to the right side of the roadway as practicable, exercising due care when passing a
standing vehicle or one proceeding in the same direction.
        (6) 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 bicycles.
        (7) For the sake of uniformity and bicycle and motorized bicycle safety throughout
the state, the department of revenue in cooperation with the department of transportation
shall prepare and make available to all local jurisdictions for distribution to bicycle and
motorized bicycle riders therein a digest of state regulations explaining and illustrating the
rules of the road, equipment requirements, and traffic control devices that are applicable
to such riders and their bicycles or motorized bicycles. Local authorities may supplement
this digest with a leaflet describing any additional regulations of a local nature that are
applicable within their respective jurisdictions.
        (8) Persons riding or leading animals on or along any highway shall ride or lead
such animals on the left side of said highway, facing approaching traffic. This shall not
apply to persons driving herds of animals along highways.
        (9) No person shall use the highways for traveling on skis, toboggans, coasting on
sleds, skates, motorized skateboards, or similar devices. It is unlawful for any person to
use any roadway of this state as a sled or ski course for the purpose of coasting on sleds,
skis, or similar devices. It is unlawful for any person riding a motorized skateboard to go
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upon any roadway or street. It is also unlawful for any person upon roller skates or riding
in or by means of any coaster, toy vehicle, or similar device to go upon any roadway
except while crossing a highway in a crosswalk, and when so crossing such person shall
be granted all of the rights and shall be subject to all of the duties applicable to
pedestrians. This subsection (9) does not apply to any public way which is set aside by
proper authority as a play street and which is adequately roped off or otherwise marked
for such purpose.
        (10) Every person riding or leading an animal or driving any animal-drawn
conveyance upon a roadway shall be granted all of the rights and shall be subject to all of
the duties applicable to the driver of a vehicle by this Code, except those provisions of this
Code which by their very nature can have no application.
        (11) Where suitable bike paths, horseback trails, or other trails have been
established on the right-of-way or parallel to and within one-fourth mile of the right-of-
way of heavily traveled streets and highways, the department of transportation may,
subject to the provisions of C.R.S. § 43-2-135 by resolution or order entered in its
minutes, and local authorities may, where suitable bike paths, horseback trails, or other
trails have been established on the right-of-way or parallel to it within four hundred fifty
feet of the right-of-way of heavily traveled streets, by ordinance, determine and
designate, upon the basis of an engineering and traffic investigation, those heavily
traveled streets and highways upon which shall be prohibited any bicycle, animal rider,
animal-drawn conveyance, or other class or kind of non-motorized traffic which is found to
be incompatible with the normal and safe movement of traffic, and, upon such a
determination, the Department of Transportation or local authority shall erect appropriate
official signs giving notice thereof; except that with respect to controlled access highways
the provisions of C.R.S. § 42-4-1010(3) shall apply. When such official signs are so
erected, no person shall violate any of the instructions contained thereon.
        (12) The parent of any child or guardian of any ward shall not authorize or
knowingly permit any child or ward to violate any provision of this section.
(Code 1993, § 11.04.050; Ord. No. O-2005-01, § 1)
State law reference--Motorized bicycles, animals, skis, skates, and toy vehicles on
highways, C.R.S. § 42-4-109.

11.04.051 Part 1, “TRAFFIC REGULATION--GENERALLY” amended.
      Section 111 of Part 1 of the Model Traffic Code is amended to read as follows:

        111. Obedience to members of the fire department. Members of the fire
department, when at the scene of a fire, accident or matter involving the use of
firefighting equipment, may direct or assist the police in directing traffic in the immediate
vicinity. No person shall willfully fail or refuse to obey a lawful order or direction of a
member of the fire department so acting.

(Code 1993, § 11.04.051; Ord. No. O-2005-01, § 1)

11.04.060 Part 2, “EQUIPMENT” amended.
      Section 221 of Part 2 of the Model Traffic Code is amended to read as follows:

       221. Bicycle equipment. (1) No other provision of this part 2 of this Code shall
apply to bicycles or to equipment for use on bicycles except those provisions in this Code
made specifically applicable to bicyclists, bicycles, or their equipment.
       (2) Every bicycle in use at the times described in section 204 shall be equipped with
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a lamp on the front emitting a white light visible from a distance of at least five hundred
feet to the front.
        (3) Every bicycle shall be equipped with a red reflector 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 head lamps on a motor vehicle.
        (4) Every bicycle when in use at the times described in section 204 shall be
equipped with reflective material of sufficient size and reflectivity to be visible from both
sides for six hundred feet when directly in front of lawful lower beams of head lamps 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.
        (5) A bicycle or its rider may be equipped with lights or reflectors in addition to
those required by subsections (2) to (4) of this section.
        (6) A bicycle shall not be equipped with, nor shall any person use upon a bicycle,
any siren or whistle.
        (7) 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.
        (8) A person engaged in the business of selling bicycles at retail shall not sell any
bicycle unless the bicycle has an identifying number permanently stamped or cast on its
frame.
        (9) License Required. No city resident shall ride or propel a bicycle on any street or
on any public path set aside for the exclusive use of bicycles unless the bicycle has been
licensed in accordance with sections 221(10), 221(11) and 221(12) of this Code.
        (10) License application. Applications for bicycle licenses shall be made on forms
provided by this city and shall be made to the police chief or his designee, or a bicycle
dealer.
        (11) Issuance of license. (a) The police chief or other designated official, or bicycle
dealer designated by the police department and operating pursuant to a city sales and use
tax license, upon receiving a proper application, are authorized to issue bicycle licenses.
        (b) The police chief or other designated official, or bicycle dealer shall not issue a
license for any bicycle when he knows or has reasonable grounds to believe that the
applicant is not the owner of or entitled to the possession of such bicycle.
        (c) The police chief or other authorized official, or bicycle dealer shall keep a record
of the number of each license, the date issued, the name and address of the person to
whom issued, and the number on the frame of the bicycle for which it is issued.
        (12) Attachment of license identification sticker. (a) The police chief or other
authorized official, or bicycle dealer on issuing a bicycle license, shall also issue a license
identification sticker bearing the license number assigned to the bicycle and the name of
this city.
        (b) The owner or licensee shall attach the license identification sticker firmly to the
frame of the bicycle so it is plainly visible from the rear when the bicycle is being ridden.
        (c) No person shall remove a license identification sticker from a bicycle during the
period for which it is issued.
        (13) Transfer of ownership. On the sale or other transfer of ownership of the
bicycle, the registered owner shall notify the licensing agency of the transfer specifically
identifying the new owner by name and address.
        (14) Rental agencies. A rental agency shall not rent or offer any bicycle for rent
unless the bicycle is licensed and a license identification sticker is properly attached and
the bicycle is equipped with reflectors and other required equipment.
        (15) Bicycle Dealers. Every person engaged in the business of buying or selling new
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or second-hand bicycles shall make a report to the city of every bicycle purchased or sold
by the dealer, giving the name and address of the person from whom it was purchased or
to whom it was sold, a description of the bicycle by name or make, its frame number, and
the license identification sticker number, if any. The report shall be given to the police
chief by the tenth day of each month for all sales in the previous month.
(Code 1993, § 11.04.060; Ord. No. O-2005-01, § 1)
State law reference--Bicycle equipment, C.R.S. § 42-4-221; motorized bicycle
equipment, C.R.S. § 42-4-220; authority to license bicycles, C.R.S. § 43-4-111(1)(g)

11.04.061 Part 2, “EQUIPMENT” amended.
      Section 225, of Part 2 of the Model Traffic Code is amended to read as follows:

       225. Vehicle noise. (a) As used in this section:
       (1) “Motor vehicle” means motor vehicle, truck, truck-tractor or semitrailer,
motorcycle or off-highway vehicle as these are defined in Article II, Section 102 of this
Code, whether licensed or designated for street use or not.
       (2) “Decibel” means a logarithmic and dimensionless unit or measure often used in
describing the amplitude of sound and is denoted by the symbol “dBA.”
       (3) “Sound pressure level” means 20 times the logarithm to the base 10 of the ratio
of the root mean square (RMS) sound pressure to the reference pressure, which shall be
20 micropascals, denoted LP or SPL.
       (4) “A-weighted sound level” means the sound pressure level in decibels, as
measured on a sound level meter using the a-weighted network. The level so read shall
be as designated dBA.
       (b) Scope of Application: This section shall apply throughout this city, including
private areas as well as public streets, roads, parking areas or other public ways and
places.
       (c) Mufflers, Prevention of Noise: A muffler is a device consisting of a series of
chamber or baffle plates or other mechanical design for the purpose of receiving exhaust
gas from an internal combustion engine and effective in reducing noise. It is unlawful for
any person to operate, or for the owner to cause or knowingly permit the operation of any
vehicle or combination of vehicles, within this city, unless equipped with an adequate
muffler in constant operation and properly maintained to prevent any unnecessary noise.
No muffler or exhaust system shall be modified, used or equipped with a cut-off, bypass,
or similar device. No person shall modify the exhaust system of a motor vehicle in a
manner which will amplify or increase the noise emitted by the motor of such vehicle
above that emitted by a muffler of the type originally installed on the vehicle, and such
original muffler shall comply with all of the requirements of this section.
       (d) Vehicle Noise: It is unlawful for any person to drive or move, or for the owner to
cause or knowingly permit to be driven or moved, within this city, any motor vehicle or
minibike, dirtbike, snowmobile, amphibious craft on land, dune buggy or racing vehicle
which emits a sound pressure level in excess of the dBA established by Sections 225(e)
and 225(f) set forth here. Noise from such vehicles within the public right of way shall be
measured at a distance at least 25 feet from the near side of the nearest traffic lane being
monitored and at a height of at least four feet above the immediate surrounding surface
on a sound level meter of Type 2 or better, as specified in the American National
Standards Institute Publication S1-4-1971, or successor publications, and operated on the
“A” weighting network. Noise from such vehicles which are located other than within the
public right-of-way shall be measured at a distance at least 25 feet from the vehicle and
at a height of at least four feet above the immediate surrounding surface on a sound level
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meter of Type 2 or better, as specified in the American National Standards Institute
Publication 51-4-1971, or successor publications, and operated on the “A” weighting
network.
       (e) Vehicles Weighing Less than Ten Thousand Pounds, Manufacturers Gross Vehicle
Weight (GVW): Any motor vehicle or minibike, dirtbike, snowmobile, amphibious craft on
land, dune buggy or racing vehicle with a weight of less than 10,000 pounds,
manufacturer’s GVW, or any combination of such vehicles towed by any such vehicle, shall
not emit a sound pressure level in excess of 80 decibels (dBA) in the “A” weighting
network.
       (f) Vehicles Weighing Ten Thousand Pounds or More, Manufacturer’s GVW: Any
motor vehicle or minibike, dirtbike, snowmobile, amphibious craft on land, dune buggy or
racing vehicle which weighs 10,000 pounds or more, GVW or any combination of such
vehicles towed by any such vehicle, shall not emit a sound pressure level in excess of 90
decibels (dBA) in the “A” weighting network.
       (g) Speed Applications: Subsections (e) and (f) apply only to vehicles traveling at
speeds of 35 miles per hour or less, or traveling on streets with a posted speed limit of 35
miles per hour or less.
       (h) Emergency Exception: The provisions of this ordinance shall not apply to any
vehicle, such as an ambulance, police or fire vehicle, or other emergency vehicle used in
response to any emergency involving the immediate safety, health or welfare of the
community or individuals, or to restore property to a safe condition of public order
following any disaster or disruption. Nothing herein shall, however, be construed to permit
law enforcement, ambulance, fire or other emergency personnel to make prohibited noise
in the performance of their duties when such noise is not reasonably necessary to respond
to the emergency in question.
(Code 1993, § 11.04.061; Ord. No. O-2005-01, § 1)
State law reference--Mufflers, C.R.S. § 42-4-225.

11.04.062 Part 2, “EQUIPMENT” amended.
      Section 236 of Part 2 of the Model Traffic Code is amended to read as follows:

       236. Child restraint systems required--definitions--exemptions. (1) As used in this
section, unless the context otherwise requires:
       (a) “Child care center” means a facility required to be licensed under the Child Care
Licensing Act (C.R.S. § 26-6-101 et seq.).
       (a.3) “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.
       (a.5) “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 C.F.R. 571.213, as amended.
       (a.7) “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.
       (b) “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
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belt that 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.
        (c) “Seating position” means any motor vehicle interior space intended by the
motor vehicle manufacturer to provide seating accommodation while the motor vehicle is
in motion.
        (2)(a) Unless exempted pursuant to subsection (3) of this section, every child, who
is under four years of age and weighs under forty pounds, being transported in this state
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 which is equipped with a safety belt or other means to secure the
system according to the manufacturer’s instructions.
        (I) 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.
        (II) 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.
        (b) Unless exempted pursuant to subsection (3) of this section, every child, who is
at least four years of age but less than sixteen years of age and/or weighs forty pounds or
more, being transported in this state in a privately owned non-commercial 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:
        (I) Except as otherwise provided in subparagraph (I.5) of this paragraph (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, the child shall be properly restrained in a child booster seat or with a child
safety belt-positioning device.
        (I.5) 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 by a lap belt.
        (II) If the child is six years of age or older but less than sixteen years of age and/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.
        (c) 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.
        (3) Except as provided in section 42-2-105.5, C.R.S., the requirement of subsection
(2) of this section shall not apply to a child who:
        (a) Is being transported in a motor vehicle as a result of a medical emergency;
        (b) 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
        (c) Is the driver of a motor vehicle and is subject to the safety belt requirements
provided in section 237.
        (4) 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.
        (5) The fine may be waived if the driver presents the court with satisfactory
evidence of the acquisition, purchase, or rental of an approved child restraint system by
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the time of the court appearance.
       (6) No driver in a motor vehicle shall be cited for a violation of subparagraph (I) of
paragraph (b) of subsection (2) of this section unless such driver was stopped by a law
enforcement officer for an alleged violation of this Code or other than a violation of this
section or section 237.
(Code 1993, § 11.04.062; Ord. No. O-2005-01, § 1)
State law reference--Similar provisions, C.R.S. § 42-4-236.

11.04.070 Part 5, “SIZE--WEIGHT--LOAD” amended.
      Section 501 of Part 5 of the Model Traffic Code is amended to read as follows:

        501. Size and weight violations--penalty. Except as provided in section 509, it is a
traffic offense for any person to drive or move or for the owner to cause or knowingly
permit to be driven or moved on any highway any vehicle or vehicles of a size or weight
exceeding the limitations stated in sections 502 to 513 or otherwise in violation of said
sections or section 1407 except as permitted in section 510.
(Code 1993, § 11.04.070; Ord. No. O-2005-01, § 1)
State law reference--Vehicle size, weight and load, C.R.S. § 42-4-501 et seq.

11.04.071 Part 5, “SIZE--WEIGHT--LOAD” amended.
      Section 510(9)(b) of Part 5 of the Model Traffic Code is amended to read as follows:

       510. Permits for excess size and weight and for manufactured homes. (9)(b) This
city with regard to a local permit may, after a hearing under C.R.S. § 24-4-105, revoke,
suspend, or refuse to renew, any permit authorized by this section upon a finding that the
holder of the permit has violated the provisions of this section, any ordinance or resolution
of this city, or any standards or rules or regulations promulgated pursuant to this section.
(Code 1993, § 11.04.071; Ord. No. O-2005-01, § 1)
State law reference--Permits for manufactured homes, C.R.S. § 42-4-501 et seq.;

11.04.072 Part 5, “SIZE--WEIGHT--LOAD” amended.
      Section 513 of Part 5 of the Model Traffic Code is amended to read as follows:

      513. Weight limits on certain streets or parts thereof. When official signs are
erected giving notice thereof no person shall operate any vehicle with a weight limit in
excess of the amount specified on such signs at any time upon any of the streets or parts
thereof or upon any of the bridges or viaducts in this city.
(Code 1993, § 11.04.072; Ord. No. O-2005-01, § 1)
State law reference--Vehicle size, weight and load, C.R.S. § 42-4-501 et seq.

11.04.080 Part 6, “SIGNALS--SIGNS--MARKINGS” amended.
      Section 615 of Part 6 of the Model Traffic Code is amended to read as follows:

       615. School zones--increase in penalty for moving traffic violations. (1) Any person
who commits a moving traffic violation in a school zone is subject to the increased fines
imposed by section 11.04.150 F.
       (2) For the purposes of this section, “school zone” means an area that is marked by
signs as a school zone and has signs clearly stating that fines will be doubled.
       (3) This section does not apply if the fine has already been doubled pursuant to
section 614 of this Code because such violation also occurred within a highway
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maintenance, repair, or construction zone.
(Code 1993, § 11.04.080; Ord. No. O-2005-01, § 1)
State law reference--Speed limits, C.R.S. § 42-4-1101 et seq.; increase in penalties for
moving traffic violations in school zones, C.R.S. § 42-4-615.


11.04.081 Part 6, “SIGNALS--SIGNS--MARKINGS” amended.
      Section 616 of Part 6 of the Model Traffic Code is amended to read as follows:

        616. Barricades. Whenever barricades are erected to close off part or all of a
highway, as authorized by C.R.S. § 42-4-111, no person shall drive around, through, or
between such barricades or into the barricaded area except as directed or permitted by
official signs or in compliance with the directions of a police officer or other authorized
person.
(Code 1993, § 11.04.081; Ord. No. O-2005-01, § 1)

11.04.090 Part 7, “RIGHTS OF WAY” amended.
      Section 702 of Part 7 of the Model Traffic Code is amended to read as follows:

       702. Vehicle turning left. Unless there is an official traffic control arrow signal
regulating the left turn, the driver of a vehicle intending to turn left within an intersection
or into an alley, private road, or driveway shall yield the right-of-way to any vehicle
approaching from the opposite direction which is within the intersection or so close
thereto as to constitute an immediate hazard.
(Code 1993, § 11.04.090; Ord. No. O-2005-01, § 1)
State law reference--Vehicles turning left, C.R.S. § 42-4-702.

11.04.091 Part 7, “RIGHTS OF WAY” amended.
      Section 703(3) of Part 7 of the Model Traffic Code is amended to read as follows:

       703. Entering through highway--stop or yield intersection. (3) Except when directed
to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop
at a clearly marked stop line, but if none, before entering the crosswalk on the near side
of the intersection, or if none, then at the point nearest the intersecting roadway where
the driver has a view of approaching traffic on the intersecting roadway before entering it.
After having stopped, the driver shall yield the right-of-way to any vehicle in the
intersection or approaching on another roadway so closely as to constitute an immediate
hazard during the time when such driver is moving across or within the intersection or
junction of roadways; except that if the driver is involved in a collision with a vehicle, after
driving past a stop sign, such collision shall be deemed prima facie evidence of his or her
failure to yield the right-of-way.
(Code 1993, § 11.04.091; Ord. No. O-2005-01, § 1)
State law reference--Entering stop intersection, C.R.S. § 42-4-703.

11.04.092 Part 7, “RIGHTS OF WAY” amended.
      Section 710(3) of Part 7 of the Model Traffic Code is amended to read as follows:

       710. Emerging from or entering alley, driveway, or building. (3) No person shall
drive any vehicle or motorized skateboard other than a bicycle or any other human-
powered vehicle on a sidewalk or sidewalk area, except upon a permanent or duly
                                                                                  Page 11 of 43


authorized temporary driveway, and except that a United States postal employee driving
a Postal Service vehicle as required to deliver mail, an emergency vehicle involved in the
performance of their official duties, or a maintenance vehicle involved in the performance
of official maintenance duties may drive on a sidewalk area, and while so doing shall
exercise due care for the safety of any persons or property on or along the sidewalk area.
(Code 1993, § 11.04.092; Ord. No. O-2005-01, § 1)
State law reference--Emerging from or entering alley, driveway or building, C.R.S. §
42-4-710.

11.04.100 Part 11, “SPEED REGULATIONS” amended.
      Section 1101 of Part 11 of the Model Traffic Code is amended to read as follows:

       1101. Speed limits. (1) No person shall drive a vehicle on a traveled roadway or
highway within this city at a speed greater than the posted speed limit, and in no event
greater than 65 miles per hour.
       (2) Except when a special hazard exists that requires a lower speed, the following
speeds shall be lawful:
       (a) Twenty-five miles per hour on all streets in any district;
       (b) Twenty miles per hour in any alley;
       (c) Any speed not in excess of the speed limit designated by an official traffic
control device.
       (3) No driver of a vehicle shall fail to decrease the speed of such vehicle from an
otherwise lawful speed to a reasonable and prudent speed when a special hazard exists
with respect to pedestrians or other traffic or by reason of weather or highway conditions.
       (4) It shall not be a defense to prosecution for a violation of this section that:
       (a) The defendant’s conduct was not performed intentionally, knowingly, recklessly,
or with criminal negligence; or
       (b) The defendant’s conduct was performed under a mistaken belief of fact,
including, but not limited to, a mistaken belief of the defendant regarding the speed of the
defendant’s vehicle; or
       (c) The defendant’s vehicle has a greater operating or fuel-conserving efficiency at
speeds greater than the maximum lawful speed limit.
(Code 1993, § 11.04.100; Ord. No. O-2005-01, § 1)
State law reference--Speed limits, C.R.S. § 42-4-1101 et seq.


11.04.110 Part 12, “PARKING” amended.
      Section 1201 of Part 12 of the Model Traffic Code is amended to read as follows:

      1201. Moving a parked vehicle. No person shall move a vehicle which is stopped,
standing, or parked unless and until such movement can be made with reasonable safety.
(Code 1993, § 11.04.110; Ord. No. O-2005-01, § 1)
State law reference--Starting parked vehicle, C.R.S. § 42-4-1201.

11.04.111 Part 12, “PARKING” amended.
      Section 1202 of Part 12 of the Model Traffic Code is amended to read as follows:

      1202. Parking or abandonment of vehicles. No person shall stop, park, or leave
standing any vehicle, either attended or unattended, upon the paved or improved and
main-traveled part of the highway. Nothing contained in this section shall apply to the
                                                                                        Page 12 of 43


driver of any vehicle which is disabled while on the paved or improved and main-traveled
portion of a highway in such a manner and to such extent that it is impossible to avoid
stopping and temporarily leaving such disabled vehicle in such position, subject, when
applicable, to emergency lighting requirements set forth in section 230.
(Code 1993, § 11.04.111; Ord. No. O-2005-01, § 1)
State law reference--Parking or abandonment of vehicles, C.R.S. § 42-4-1202.

11.04.112 Part 12, “PARKING” amended.
      Section 1203 of Part 12 of the Model Traffic Code is amended to read as follows:

      1203. Parking for certain purposes prohibited. No person shall park a vehicle upon a
roadway for the principal purpose of:
      (a) Displaying such vehicle for sale;
      (b) Washing, greasing, painting, or repairing such vehicle except repairs
necessitated by an emergency;
      (c) Displaying advertising;
      (d) Selling from such vehicle or storing merchandise for sale or for any other
commercial use of any kind or nature, except as specifically allowed by Chapter 6.102 of
the Longmont Municipal Code.
(Code 1993, § 11.04.112; Ord. No. O-2005-01, § 1)

11.04.113 Part 12, “PARKING” amended.
      Section 1204 of Part 12 of the Model Traffic Code is amended to read as follows:

        1204. Stopping, standing, or parking prohibited in specified places. (1) No person
shall stop, stand, or park a vehicle; except when necessary to avoid conflict with other
traffic or in compliance with the directions of a police officer or other official traffic control
device in any of the following places:
        (a) On a sidewalk;
        (b) Within an intersection;
        (c) On a crosswalk;
        (d) Between a safety zone and the adjacent curb or within thirty feet of points on
the curb immediately opposite the ends of a safety zone, unless the authority indicates a
different length by signs or markings;
        (e) Alongside or opposite any street excavation or obstruction when stopping,
standing, or parking would obstruct traffic;
        (f) On the roadway side of any vehicle stopped or parked at the edge or curb of a
street;
        (g) Upon any bridge or other elevated structure upon a highway or within a
highway tunnel;
        (h) On any railroad tracks;
        (i) On any controlled-access highway;
        (j) In the area between roadways of a divided highway, including crossovers;
        (k) At any other place where official signs or traffic control devices prohibit such
stopping, standing, or parking;
        (l) On any portion of any public park not specifically designated and provided for
public parking, except when specifically authorized by the direction of a police officer.
        (2) In addition to the restrictions specified in subsection (1) of this section, no
person shall stand or park a vehicle, except when necessary to avoid a conflict with other
traffic or in compliance with the directions of a police officer or an official traffic control
                                                                                       Page 13 of 43


device, in any of the following places:
       (a) Within five feet of a public or private driveway;
       (b) Within fifteen feet of a fire hydrant;
       (c) Within twenty feet of a crosswalk at an intersection or within twenty feet of an
intersection where there is no crosswalk;
       (d) Within thirty feet upon the approach to any flashing beacon or signal, stop sign,
yield sign, or traffic control signal located at the side of the roadway;
       (e) Within twenty feet of the driveway entrance to any fire station or, on the side of
a street opposite the entrance to any fire station, within seventy-five feet of said entrance
when properly signposted;
       (f) At any other place where official signs or traffic control devices prohibit such
standing or parking;
       (g) Within thirty feet on approach and twenty feet beyond a crosswalk not an
intersection.
       (h) In a fire apparatus access road or fire lane, on public or private property,
properly marked according to Chapter 1632 of the Longmont Municipal Code.
       (3) In addition to the restrictions specified in subsections (1) and (2) of this section,
and except when necessary to avoid a conflict with other traffic or in compliance with the
directions of a police officer or official traffic control device, no person shall park a vehicle:
       (a) in any of the following places:
       (1) Within fifty feet of the nearest rail of a railroad crossing;
       (2) At any other place where official signs or traffic control devices prohibit such
parking; or
       (b) that is “junked”, according to Chapter 11, Longmont Municipal Code.
       (4) No person shall move a vehicle not lawfully under his control into any such
prohibited area or away from a curb such distance as is unlawful.
(Code 1993, § 11.04.113; Ord. No. O-2005-01, § 1)
State law reference--Stopping, standing and parking prohibited in specific places,
C.R.S. § 42-4-1204.

11.04.114 Part 12, “PARKING” amended.
      Section 1205 of Part 12 of the Model Traffic Code is amended to read as follows:

       1205. Parking at curb or edge of roadway. (1) Except as otherwise provided in this
section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or
parked with the right-hand wheels parallel to and within twelve inches of the right-hand
curb or as close as practicable to the right edge of the right-hand shoulder.
       (2) Every vehicle stopped or parked upon a one-way roadway shall be so stopped
or parked parallel to the curb or edge of the roadway in the direction of authorized traffic
movement, with its right-hand wheels within twelve inches of the right-hand curb or as
close as practicable to the right edge of the right-hand shoulder or with its left-hand
wheels within twelve inches of the left-hand curb or as close as practicable to the left edge
of the left-hand shoulder.
       (3) On those streets which have been approved and signed or marked for angle
parking, no person shall stop, stand or park a vehicle other than at an angle to the curb or
edge of the roadway indicated by such signs or markings.
(Code 1993, § 11.04.114; Ord. No. O-2005-01, § 1)
State law reference--Parallel parking and angle parking, C.R.S. § 42-4-1205.

11.04.115     Part 12, “PARKING” amended.
                                                                                     Page 14 of 43


      Section 1208 of Part 12 of the Model Traffic Code is amended to read as follows:

        1208. Parking privileges for persons with disabilities. (1) As used in this section,
        (a) “License plate or placard” means a license plate or placard issued pursuant to
C.R.S. § 42-3-121(2).
        (b) “Person with a disability” has the meaning provided for such term in C.R.S. §
42-3-121(1).
        (2) A vehicle with distinguishing license plates or an official identifying placard
indicating that the occupant of said vehicle is a person with a disability, may be parked
along public streets regardless of any time limitation imposed by official signs upon
parking in such area; except that such privilege shall not apply to zones in which:
        (a) Stopping, standing or parking of all vehicles is prohibited at all times;
        (b) Only special vehicles may be parked; or
        (c) Parking is not allowed during specific periods of the day to accommodate heavy
traffic.
        (3) A person with a disability may park in a parking space identified as being
reserved for use by persons with disabilities whether on public property or private
property available for public use. A placard or license plate issued to a person with a
disability shall be displayed on the vehicle while parked in such space.
        (4) 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 states.
        (5) No person shall park a vehicle without distinguishing license plates or an official
placard indicating that the occupant of the vehicle is a person with a disability in any
space which is posted with a clearly visible sign identifying the space as a handicapped
parking space.
(Code 1993, § 11.04.115; Ord. No. O-2005-01, § 1)
State law reference--Parking privileges for persons with disabilities, C.R.S. § 42-4-
1208.

11.04.116 Part 12, “PARKING” amended.
      Section 1210 of Part 12 of the Model Traffic Code is amended to read as follows:

      1210. Parking in alleys. No person shall park a vehicle within an alley except during
the necessary and expeditious loading and unloading of merchandise or freight.
(Code 1993, § 11.04.116; Ord. No. O-2005-01, § 1)

11.04.117 Part 12, “PARKING” amended.
      Section 1211 of Part 12 of the Model Traffic Code is amended to read as follows:

       1211. Limitations on backing. The driver of a vehicle may back the same anywhere
within this city, other than onto a controlled-access highway, only when such movement is
made without interfering with other traffic, persons or property which are so close as to
constitute an immediate hazard.
(Code 1993, § 11.04.117; Ord. No. O-2005-01, § 1)
State law reference--Limitations on backing, C.R.S. § 42-4-1211.

11.04.118 Part 12, “PARKING” amended.
      Section 1212 of Part 12 of the Model Traffic Code is amended to read as follows:
                                                                                    Page 15 of 43


        1212. Tampering with meter. (1) No person shall deface, injure, tamper with, open
or willfully break, destroy or impair the usefulness of any parking meter.
        (2) No person, firm or corporation shall place any sack or covering over, upon, or
around any parking meter head, or otherwise indicate or show that the said meter is
inoperative or inapplicable without proper authority to do so.
(Code 1993, § 11.04.118; Ord. No. O-2005-01, § 1)

11.04.119 Part 12, “PARKING” amended.
      Section 1213 of Part 12 of the Model Traffic Code is amended to read as follows:

       1213. Tire marks for parking enforcement--removing or obscuring. It is unlawful for
anyone to knowingly remove or obscure from any vehicle in a street or other public
parking space subject to a posted time restriction, any marking placed upon the tire of
such vehicle by a parking enforcement or police officer, the obscuring or removal done
without the complete removal of the vehicle from the parking space occupied by the
vehicle at the time the marking was placed on the tire.
(Code 1993, § 11.04.119; Ord. No. O-2005-01, § 1)

11.04.120 Part 14, “OTHER OFFENSES” amended.
      Section 1401 of Part 14 of the Model Traffic Code is amended to read as follows:

       1401. Reckless driving. Any person who drives any motor vehicle, bicycle, or
motorized bicycle anywhere within this city 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. A
person convicted of reckless driving of a bicycle or motorized bicycle shall not be subject
to the provisions of C.R.S. § 42-2-127.
(Code 1993, § 11.04.120; Ord. No. O-2005-01, § 1)
State law reference--Reckless driving, C.R.S. § 42-4-1401.

11.04.121 Part 14, “OTHER OFFENSES” amended.
      Section 1402 of Part 14 of the Model Traffic Code is amended to read as follows:

       1402. Careless driving. Any person who drives any motor vehicle, bicycle, or
motorized bicycle anywhere within this city 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. 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.
(Code 1993, § 11.04.121; Ord. No. O-2005-01, § 1)
State law reference--Careless driving, C.R.S. § 42-4-1402.

11.04.122 Part 14, “OTHER OFFENSES” amended.
      Section 1409 of Part 14 of the Model Traffic Code is amended to read as follows:

       1409. Compulsory insurance--noncompliance--penalty. (1) No owner of a motor
vehicle required to be registered in this state shall operate the vehicle or permit it to be
operated on the public highways of this city when such owner has failed to have a
complying policy or certificate of self-insurance in full force and effect as required by law.
       (2) No one shall operate a motor vehicle on the public streets of this city without a
complying policy or certificate of self-insurance in full force and effect as required by law.
                                                                                      Page 16 of 43


       (3) When an accident occurs, or when requested to do so following any lawful traffic
contact or during any traffic investigation by a peace officer, 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.
       (4)(a) Anyone violating subsection (1), (2), or (3) of this section is guilty of a traffic
offense. The court shall punish offenders by a fine of between one hundred dollars and
one thousand dollars. In addition, the court may impose imprisonment up to one year.
The fine imposed by this subsection is mandatory, and the court shall not suspend any
part of the fine unless it finds the defendant has obtained appropriate insurance as
required by law.
       (b) Upon a second or subsequent conviction under this section within two years, the
court shall fine the offender between two hundred dollars and one thousand dollars. In
addition, the court may impose imprisonment for up to one year. The fine imposed by this
subsection is mandatory, and the court shall not suspend the fine, in whole or in part,
unless it finds the defendant has obtained appropriate insurance as required by law.
       (5) 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 peace officer, is prima facie
evidence, at a trial concerning a violation charged under subsection (1) or (2) of this
section, that such owner or operator of a motor vehicle violated subsection (1) or (2) of
this section.
       (6) No one charged with violating subsection (1), (2), or (3) of this section shall be
convicted if he or she 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.
(Code 1993, § 11.04.122; Ord. No. O-2005-01, § 1)
State law reference--Compulsory insurance, C.R.S. § 43-4-1409.

11.04.123 Part 14, “OTHER OFFENSES” amended.
      Section 1412 Paragraphs (1), (3)(b), and (11) through (18) only of Part 14 of the
Model Traffic Code are amended to read as follows:

        1412. Operation of bicycles and other human powered vehicles. (1) Every person
riding a bicycle on a roadway where bicycle travel is permitted shall have all of-the rights
and duties applicable to the driver of any other vehicle under this Code, except as to
special regulations in this Code and except as to those provisions which by their nature
can have no application. Said riders shall comply with the rules set forth in this section
and section 221. Whenever “vehicle” or “driver” is used in the driving rules in this Code
that are applicable to bicycle riders, such term shall include bicycles and bicycle riders.

        (3)(b) No one shall ride other than astride a permanent and regular seat attached
to a bicycle.

        (11) No one shall stand or park a bicycle on a street other than on the roadway
against the curb, or on the sidewalk in a rack to support the bicycle or at the curb. Every
bicycle shall be parked in such a manner as to afford the least obstruction to pedestrian
traffic.
        (12) All bicycle riders shall obey the instructions of official traffic control devices
applicable to vehicles, unless otherwise directed by a police officer.
        (13) Wherever authorized signs are erected indicating that no right or left or U turn
                                                                                       Page 17 of 43


is permitted, a bicycle rider shall not disobey the sign, unless the rider first dismounts
from the bicycle to make the turn and obeys the regulations applicable to pedestrians.
        (14) Every bicycle rider on a roadway, or separate bicycle or pedestrian pathway,
shall obey all signs or other traffic control devices directed to bicycles.
        (15) No one shall ride a bicycle at a speed greater than reasonable and prudent
under the existing conditions.
        (16) A bicycle rider emerging from an alley, driveway or building shall yield the
right-of-way to all pedestrians approaching on the sidewalk or sidewalk area when
approaching a sidewalk or the sidewalk area extending across any alleyway, and on
entering the roadway shall yield the right-of-way to all vehicles approaching on the
roadway.
        (17) No bicycle rider shall carry any package, bundle or article which prevents the
rider from keeping at least one hand on the handlebars.
        (18) Wherever official signs prohibit bicycles, no bicycle rider shall disobey the
signs.
(Code 1993, § 11.04.123; Ord. No. O-2005-01, § 1)
State law reference--Motorized bicycles, animals, skis, skates, and toy vehicles on
highways, C.R.S. § 42-4-1412.

11.04.124 Part 14, “OTHER OFFENSES” amended.
      Section 1416 of Part 14 of the Model Traffic Code is amended to read as follows:

       1416. Driving on public park. No person shall drive or cause to be driven any
vehicle on any portion of a public park or golf course other than established roadways
specifically provided for public driving, unless specifically authorized to do so by a traffic
control officer.
(Code 1993, § 11.04.124; Ord. No. O-2005-01, § 1)

                                          2
11.04.130 DEFINITIONS--Amended.
      Section 101 of the “Definitions” section of the Model Traffic Code is amended to
read as follows:

        101. Meaning of words. Whenever any words and phrases used in this Code are not
defined but are defined in C.R.S. § 42-1-102, they shall have the meaning ascribed to
them in state law. In all cases where the definition or meaning of a word is not set forth
and its meaning is not sufficiently apparent in its connection with the subject, the
definition given in Webster’s Dictionary shall be taken as the true meaning.
(Code 1993, § 11.04.130; Ord. No. O-2005-01, § 1)

11.04.131 DEFINITIONS--Amended.
      Section 102 of the “Definitions” section of the Model Traffic Code is amended to add
and amend certain definitions, as stated below, retaining all other definitions in section
102:

         102 Definitions. As used in this Code unless the context otherwise requires:



2
    Legal Analysis: Code 1993, § 11.04.130. Definitions--Amended. Deleted the Webster's Dictionary
         reference as meaningless. Anyone can publish a dictionary bearing the designation
         Webster's.
                                                                                    Page 18 of 43



       (1.5) “Accident” means any event that results in unintended injury, either fatal or
nonfatal, or any property damage attributable directly or indirectly to the motion of a
motor vehicle or its load.

       (5.5) “Barricade” means a portable or fixed barrier having object markings,
including but not limited to traffic cones, used to close all or a portion of the right of way
to vehicular traffic.

       (14) “Convicted” and “conviction” mean conviction in any court of record or any
municipal court, or by any military authority or acceptance and payment of a penalty
assessment or a finding of liability for a civil traffic infraction.

       (20) “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,
operates or is in actual physical control of a vehicle.

       (29.5) “Holiday” means Sundays, New Year’s Day, Martin Luther King, Jr. Day,
Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day,
Christmas Day and such additional statutory holidays as the city adopts.

       (34) “Local authorities”, “Local government authorities” and “local road authorities”,
except as otherwise provided in this code, mean the City of Longmont Traffic Engineer.

       (42)(c) “Motorized skateboard” means any self-propelled device which has a motor
or engine, a deck designed to be stood or sat upon by the operator on which a person
may ride, which may or may not have handlebars and has at least two wheels in contact
with the ground. However, a wheel chair or other special motorized unit designed for and
used by any person(s) physically disabled to assist their mobility shall not be considered a
motorized skateboard.

       (43.5) “Neighborhood Electric Vehicle” means a self-propelled, electrically powered
vehicle that meets the equipment standards set forth in Part Two of this Code and has a
speed attainable in one mile that does not exceed twenty-five miles per hour.

       (45.5) “No Contest” accepted as a plea by the court, shall be considered a
conviction.
       (45.6) “No Parking Zone” shall include official yellow markings, paint, or official
signs indicating a no parking zone, or red markings, paint, or official signs indicating a fire
safety lane or zone where parking is prohibited, applied on the streets, highways, curbs or
at other places in this city where parking would otherwise be allowed. At such locations,
stopping, standing, or parking is expressly prohibited, except as otherwise provided in this
code.

       (51) “Pedestrian” means any person afoot or in a wheelchair.
(Code 1993, § 11.04.131; Ord. No. O-2005-01, § 1)

11.04.140 Traffic offenses.
      A.   Any defendant charged with any traffic offense directly punishable by
imprisonment shall have the right, upon proper demand, to a trial by jury.
                                                                                    Page 19 of 43


       B.     If a defendant is charged with more than one traffic violation arising from the
same incident and at least one of the charged offenses is a traffic offense, the defendant
shall have the right to demand a trial by jury as to all such violations, which shall be
consolidated for trial.
       C.     It is a traffic offense to violate any of the following provisions of the Model
Traffic Code:

  Sec. 107                    Obedience to police officers
  Sec. 109                    Motorized bicycles, motorized skateboards, animals, skis,
                              skates, toy vehicles, and all-terrain recreational vehicles on
                              highways
  Sec.   509                  Vehicles weighed--excess removed
  Sec.   607                  Interference with official devices
  Sec.   705                  Operation on approach of emergency vehicles
  Sec.   707                  Certain vehicles must stop at railroad grade crossings
  Sec.   1101                 Speed limits, only where the speed charged is greater than
                              twenty four miles per hour over the lawful speed limit
  Sec. 1105                   Speed contests
  Sec. 1212                   Tampering with meter
  Sec. 1401                   Reckless driving
  Sec. 1402                   Careless driving
  Sec. 1412                   Operation of bicycles
  Sec. 1413                   Eluding or attempting to elude police officer
  Sec. 1903                   School buses--stops--signs--passing
(Code 1993,     § 11.04.140; Ord. No. O-2005-01, § 1)

11.04.150 Penalties for violations.
       The following penalties shall apply to the Model Traffic Code:
       A.     The court shall fine every person convicted of a traffic infraction by a fine up
to five hundred dollars, but the minimum fine shall be ten dollars per point for each
infraction, computed on the basis of the state point system. For infractions carrying no
points, the fine shall be at least twenty dollars. The court may not suspend minimum
fines.
       B.     The court shall punish every person convicted of a traffic offense by a fine up
to five hundred dollars or by imprisonment up to one hundred eighty days, or by both
such fine and imprisonment. If the court imposes imprisonment, the minimum fine shall
be ten dollars per point, computed on the state point system.
       C.     Notwithstanding the schedule of fines and imprisonment, or fines for the
violation of the Model Traffic Code stated in subsections A and B of this section, the court
shall impose the following fines, without suspension and in addition to all applicable court
costs, upon every person convicted for a violation of Section 507 or 508 of the Model
Traffic Code:

Excess Weight Above the Maximum Permitted

  Weight (Pounds)                                Penalty
  1--3,000                                       $20.00
  3,001--4,250                                   $34.00
  4,251--4,500                                   $68.00
                                                                                  Page 20 of 43


  Weight (Pounds)                              Penalty
  4,501--4,750                                 $75.00
  4,751--5,000                                 $82.00
  5,001--5,250                                 $89.00
  5,251--5,500                                 $102.00
  5,501--5,750                                 $116.00
  5,751--6,000                                 $130.00
  6,001--6,250                                 $143.00
  6,251--6,500                                 $171.00
  6,501--6,750                                 $198.00
  6,751--7,000                                 $226.00
  7,001--7,250                                 $253.00
  7,251--7,500                                 $295.00
  7,501--7,750                                 $335.00
  7,751--8,000                                 $376.00
  8,001--8,250                                 $417.00
  8,251--8,500                                 $472.00
  8,501--8,750                                 $527.00
  8,751--9,000                                 $582.00
  9,001--9,250                                 $637.00
  9,251--9,500                                 $705.00
  9,501--9,750                                 $774.00
  9,751--10,000                                $842.00
  10,001--10,250                               $911.00
  Over 10,250                                  $999.00

       D.    Notwithstanding the maximum schedule of fines and imprisonment, or fines
set in subsections A, B and C of this section, the court shall impose the following fines,
without suspension and in addition to all applicable court costs, upon every person
convicted for a violation of Section 510 of the Model Traffic Code:

Excess Weight Above the Maximum Permitted

  Weight (Pounds)                              Penalty
  1--2,500                                     $68.00
  2,501--5,000                                 $137.00
  5,001--7,500                                 $274.00
  7,501--10,000                                $548.00
  Over 10,000                                  $999.00

       E.     Notwithstanding the maximum schedule of fines and imprisonment, or fines
for the violation of the Model Traffic Code set in subsections A, B, C and D of this section,
the court shall impose a fine of two hundred dollars, without suspension and in addition to
all applicable court costs, upon every person convicted for a violation of Section 513 of the
Model Traffic Code.
       F.     Notwithstanding the maximum schedule of fines for the violation of the Model
Traffic Code set in subsections A and B of this section, the court shall double the fine
normally imposed for any moving violation, whether traffic infraction or traffic offense,
that occurs in a school zone pursuant to Section 615 of the Model Traffic Code.
                                                                                          Page 21 of 43


(Code 1993, § 11.04.150; Ord. No. O-2005-01, § 1)

11.04.160 Offenses by person controlling vehicle.
       It is a traffic offense for the owner, or any other person, employing or otherwise
directing the driver of any vehicle to require or knowingly to permit the operation of such
vehicle on a street or highway in this city in any manner contrary to the Model Traffic
Code.
(Code 1993, § 11.04.160; Ord. No. O-2005-01, § 1)


Chapter 11.08

CRUISING PROHIBITED3

Sections:
11.08.010       Findings and legislative intent.
11.08.020       Definitions.
11.08.030       Temporary no-cruising zones.
11.08.040       Cruising prohibited, conditions on police enforcement.
11.08.050       Exceptions.
11.08.060       Penalty.
11.08.070       Sunset.

11.08.010 Findings and legislative intent.
       A.     The Longmont city council finds:
       1.     Unnecessary repetitive driving of motor vehicles, known as “cruising” has
directly resulted in crime, public safety and disorder problems, as summarized below, in
the following listed areas of the city:
       a.     100--2400 blocks of Main Street;
       b.     900--1200 blocks of Lashley Street;
       c.     300--400 blocks of Kimbark Street;
       d.     300--400 blocks of Coffman Street;
       e.     900--1200 blocks of South Pratt Parkway;
       f.     600 block of Collyer Street;
       g.     600 block of Atwood Street;
       h.     200 block of Longs Peak Avenue; and
       i.     200 block of 6th Avenue.
       2.     To a large extent, those who “cruise” in Longmont are from other parts of
Colorado and neighboring states. It is common for officers to contact people from
Laramie, Cheyenne, Fort Collins, Loveland, Greeley, Westminster, the Denver Metro area,
and unincorporated Boulder and Weld Counties. Officers addressing citizen “cruising”
concerns in two areas of the community recently noted that the majority of cars were
from Greeley and many of those were rival gang members.
       3.     In addition to Main Street over the last few years, “cruising” and its residual
effects have also impacted several residential areas, including, but not limited to,
Kanemoto Park, Collyer Park, and Centennial Park, all requiring commitment of significant



3
    Legal Analysis: Code 1993, ch. 11.08. Cruising. Deleted. Per C.R.S. § 11.08.070, this chapter has
         expired.
                                                                                  Page 22 of 43


police resources.
       4.     With “cruising” have come countless public safety, crime and disorder-related
issues the police department has been forced to deal with, including vandalism, assaults,
gang activity, menacing, ethnic intimidation, harassment, trespass, traffic accidents,
public alcohol consumption, unreasonably loud noise, disorderly conduct, and littering.
       5.     The police department and several other city departments have tried
numerous approaches and tactics to reduce or eradicate the problems associated with
“cruising.” Since the late 1980s, the police department has spent large sums of overtime
funds placing extra-duty officers along the Main Street corridor and around city parks
taking a zero-tolerance approach to the “cruisers,” and the problems which they create.
This tactic has proven unsuccessful, as “cruising” problems have remained at the same
level or have increased.
       6.     “Cruising” tends to increase the risk of motor vehicle accidents, pedestrian
accidents and moving traffic Code violations.
       7.     Motorist frustration associated with “cruising” has resulted in some violent
episodes, commonly called “road rage.”
       8.     Congregated “cruisers” have been involved in felony menacing and assaults
with such weapons as a baseball bat. Competing groups of “cruisers” have exchanged
ethnic and racial slurs, in attempts to intimidate or to provoke physical altercations,
producing confrontations approaching mob violence.
       9.     For the reasons stated above, and to promote and preserve public health,
safety and welfare of Longmont citizens and the traveling public, it is necessary to adopt
this chapter.
       10.    In addition to the specific areas this chapter designates, it is necessary to
permit city officials, according to prescribed standards and procedures, to designate
additional areas where the regulations of this chapter will apply, because enforcement in
areas this chapter designates may cause “cruising” activity to move to areas this chapter
does not designate, thereby frustrating effective enforcement and undermining the public
health, safety and welfare purposes the council intends to serve with this chapter.
       B.     By this chapter, the city council intends to address the public safety, crime
and disorder problems described above, which have been associated with “cruising.” It is
the intent of this chapter to authorize enforcement of this chapter at such times as the
police department can document the existence of some or all of those problems
associated with “cruising.” (Code 1993, § 11.08.010; Ord. No. O-2006-47, § 1)

11.08.020 Definitions.
       For the purposes of this chapter, the following terms, phrases, words and their
derivations shall have the meaning given in this section:
       “Cruising” means operating a motor vehicle, or as owner of a motor vehicle,
permitting its operation, on a street past a traffic control point, as designated by the
police department, more than three times in the same direction within any three-hour
period.
       “No-cruising zone” means:
       1.     The following specific areas, when clearly marked with permanent, fixed
signs according to this chapter:
       a.     100--2400 blocks of Main Street,
       b.     900--1200 blocks of Lashley Street,
       c.     300--400 blocks of Kimbark Street,
       d.     300--400 blocks of Coffman Street,
       e.     900--1200 blocks of South Pratt Parkway,
                                                                                   Page 23 of 43


       f.     600 block of Collyer Street,
       g.     600 block of Atwood Street,
       h.     200 block of Longs Peak Avenue,
       i.     200 block of 6th Avenue; and
       2.     Any additional area designated and marked with signs as a temporary no-
cruising area, according to this chapter. All signs under this chapter shall conform to the
requirements for traffic control devices, under Section 105 of the Model Traffic Code, as
adopted and locally amended at Chapter 11.04 of this Code, shall be sufficiently legible to
be seen by an ordinarily observant person, and shall advise the public that the area is
subject to regulation under the city of Longmont Cruising Ordinance.
       “Owner” means any person who is the owner of a motor vehicle, or has custody
thereof, and who is riding in the motor vehicle at the time of its operation.
       “Traffic control point” means a clearly identified reference point in a no-cruising
zone, as determined from time to time by the police department, for monitoring violations
of law.
(Code 1993, § 11.08.020; Ord. No. O-2006-47, § 1)

11.08.030 Temporary no-cruising zones.
       A.     A Longmont police officer, of the rank of sergeant or higher, may authorize a
temporary no-cruising zone by creating a dated and signed written plan describing:
       1.     A brief statement outlining all problems supporting the date, time and
location of the temporary no-cruising zone and explaining how the public health, safety
and welfare concerns listed earlier in this chapter also require temporary prohibition of
cruising in the temporary no-cruising zone;
       2.     The date, time, location and duration of the temporary no-cruising zone;
       3.     The location of the warning signs; and
       4.     Any instructions given to the enforcement officers concerning the temporary
no-cruising zone.
       B.     Within twenty-four hours after creating a temporary no-cruising zone plan
under this section, the authorizing officer shall file the plan with the city clerk, who shall
forward copies of each such plan to the city council, city manager, city attorney and police
chief. No plan for a temporary no-cruising zone shall authorize maintenance or
enforcement of a temporary no-cruising zone for more than fourteen consecutive days. No
subsequent plan for a temporary no-cruising zone shall authorize maintenance or
enforcement of a temporary no-cruising zone covering substantially the same area more
than twice in a three-month period. If the police department finds that conditions warrant
no-cruising restrictions beyond these limitations, it shall present the council a written and
supported recommendation for amendment of this chapter to add additional specific no-
cruising zones.
(Code 1993, § 11.08.030; Ord. No. O-2006-47, § 1)

11.08.040 Cruising prohibited, conditions on police enforcement.
       A.     No person shall engage in cruising, in any no-cruising zone.
       B.     Before the Longmont police department charges any person with violating
this prohibition, a Longmont police officer of the rank of sergeant or higher must either
authorize a temporary no-cruising zone plan under the preceding section, or make a
written, dated record of the need for enforcement in a no-cruising zone specifically
designated in this chapter, as follows:
       1.     The date, time, location and duration of enforcement;
       2.     A brief statement outlining all problems supporting the date, time and
                                                                                   Page 24 of 43


location and explaining how the public health, safety and welfare concerns listed earlier in
this chapter require enforcement of the “cruising” prohibition at that time and location;
and
       3.     Any instructions given to officers concerning enforcement.
       C.     Within twenty-four hours after making the enforcement record under this
section, the authorizing officer shall file the record with the city clerk, who shall forward
copies of each such record to the city council, city manager, city attorney and police chief.
No enforcement record shall authorize enforcement for more than twenty-four hours, but
subsequent enforcement records may cover substantially the same area.
(Code 1993, § 11.08.040; Ord. No. O-2006-47, § 1)

11.08.050 Exceptions.
      It shall be an affirmative defense to prosecution under Section 11.08.040 that the
defendant operated the subject vehicle in the following circumstances:
      A.      An authorized emergency vehicle, operated for emergency purposes;
      B.      A vehicle owned or operated by the city, when operated for official purposes;
      C.      A taxi cab, bus, or other legally authorized vehicle for hire, operated for
business purposes; or
      D.      Any vehicle:
      1.      To conduct legitimate business activities,
      2.      In an emergency situation involving the health or safety of the operator or
others in the vehicle, or
      3.      While the operator or passengers in the vehicle were traveling directly to or
from a religious service.
(Code 1993, § 11.08.050; Ord. No. O-2006-47, § 1)

11.08.060 Penalty.
       A.     A violation of Section 11.08.040 is a non-criminal traffic infraction,
punishable according to Section 11.06.020 of this Code and the following mandatory
minimum fines, which the municipal judge shall not suspend or reduce. Each successive
trip past a traffic-control point after a violation has occurred shall constitute a separate
violation.
       B.     Minimum Fines. For violations of Section 11.08.040, the municipal judge shall
impose the minimum fines listed below:
       1.     First offense--Fine of at least one hundred twenty-five dollars;
       2.     Second offense--Fine of at least two hundred fifty dollars;
       3.     Third and subsequent offenses--Fine of at least three hundred fifty dollars.
(Code 1993, § 11.08.060; Ord. No. O-2006-47, § 1)

11.08.070 Sunset.
       To ensure that the city council will review this Chapter 11.08, its effectiveness and
necessity within a reasonable time after its adoption, this Chapter 11.08 shall expire at
twelve a.m. on the 25th day of July, 2007, unless, by adopting an ordinance effective by
that time, the Longmont city council otherwise provides.
(Code 1993, § 11.08.070; Ord. No. O-2006-47, § 1)


Chapter 11.06
                                                                                            Page 25 of 43



                            4
TRAFFIC INFRACTIONS

Sections:
11.06.010       Definitions.
11.06.020       Civil traffic infractions.
11.06.030       Trial before court.
11.06.040       No jury trial for traffic infractions.
11.06.050       Judgment after final hearing.
11.06.060       Post-trial motions and appeal.
11.06.070       Default.
11.06.080       Collection of judgments.

11.06.010 Definitions.
      As used in this chapter:
      “Judgment” means the admission of guilt or liability for any traffic infraction, the
entry of judgment of guilt or liability, or the entry of default judgment as set forth in this
chapter against any person for the commission of a traffic infraction.
      “Referee” means any person appointed by the municipal judge as a referee
pursuant to this chapter, to determine matters under Chapter 11.16 of this code.
(Code 1993, § 11.06.010; Ord. No. O-93-17, § 2)

11.06.020 Civil traffic infractions.
        Notwithstanding any provision to the contrary in this municipal code, all violations
of any provisions of the Model Traffic Code, unless listed as traffic offenses in Section
11.04.140 C, are traffic infractions and shall be civil matters and not criminal violations.
The Colorado Municipal Court Rules shall apply to civil traffic infractions, except as stated
in this chapter.
(Code 1993, § 11.06.020; Ord. No. O-93-17, § 2; Ord. No. O-98-02, § 1)

11.06.030 Trial before court.
      Traffic infractions shall be tried only to the municipal judge or associate municipal
judge. The municipal judge may designate a referee to hold parking infraction hearings.
(Code 1993, § 11.06.030; Ord. No. O-93-17, § 2)

11.06.040 No jury trial for traffic infractions.
        A defendant brought to trial solely upon a traffic infraction or infractions shall have
no right to a trial by jury as contemplated by C.R.S. § 13-10-114, or Rule 223, Colorado
Municipal Court Rules, and trial of traffic infractions shall be to the court or, if the charge
contemplates a parking infraction, to the designated referee. No defendant found liable for
a traffic infraction shall be punished by imprisonment.
(Code 1993, § 11.06.040; Ord. No. O-93-17, § 2)

11.06.050 Judgment after final hearing.
       A.      If it finds all elements of a traffic infraction beyond a reasonable doubt, the
court shall find the defendant guilty or liable and enter appropriate judgment.



4
    Legal Analysis: Code 1993, ch. 11.06. Traffic infractions. If covered by the Model Traffic Code,
         delete.
                                                                                      Page 26 of 43


        B.     The judgment shall be satisfied upon payment to the clerk of the total
penalty and court costs.
        C.     If the defendant fails to satisfy the judgment upon the finding of guilt or
liability, or within the time of a reasonable extension granted upon a showing of good
cause by, and upon application of the defendant, then the court shall treat such
nonpayment, in the full amount of the penalty, fees and costs, as a default.
(Code 1993, § 11.06.050; Ord. No. O-93-17, § 2; Ord. No. O-94-61, § 9)

11.06.060 Post-trial motions and appeal.
      There shall be no post-trial motions except motions to set aside a default judgment.
(Code 1993, § 11.06.060; Ord. No. O-93-17, § 2)

11.06.070 Default.
       A.     If the defendant fails to appear for any hearing, the court shall enter
judgment against the defendant.
       B.     The amount of the judgment shall be the specified penalty assessed after a
finding of guilt or liability, fees and additional costs assessable to municipal violations
generally upon conviction of noncivil municipal charges. The court shall not add such fees
and additional costs to parking assessment default judgments.
       C.     The court may set aside a judgment entered under this rule on a showing of
good cause or excusable neglect by the defendant. The defendant may move to set aside
the judgment within seven calendar days after entry of judgment.
       D.     The defendant may satisfy a judgment entered under this rule by paying the
clerk.
       E.     No warrant shall issue for the arrest of a defendant who fails to appear at a
hearing or fails to satisfy a judgment.
(Code 1993, § 11.06.070; Ord. No. O-93-17, § 2; Ord. No. O-94-61, § 9)

11.06.080 Collection of judgments.
       Upon finality of a judgment under this chapter and in addition to all legal and
administrative enforcement or collection procedures and remedies otherwise available, the
city attorney is authorized to file a civil action with any state court having appropriate
jurisdiction, which filing shall include the record of the case certified by the clerk of the
municipal court, praying for judgment based thereon, and on the entry of a judgment, the
city attorney is authorized to proceed with a judgment execution and collection
procedures authorized by law for the amount of the judgment, costs and fees incurred in
the proceedings and legal interest.
(Code 1993, § 11.06.080; Ord. No. O-93-17, § 2)


Chapter 11.12

IMPOUNDMENT AND ABANDONED OR JUNKED VEHICLES5


I



5
    Legal Analysis: Code 1993, § Chapter 11.12. Impoundment & abandoned or junked vehicles. If
         covered by the Model Traffic Code, delete.
                                                                                  Page 27 of 43


Removal of Vehicles Generally
Sections:
11.12.010 Authorized when.
11.12.020 Storage and disposal.

II
Abandoned   or Junked Vehicles
Sections:
11.12.030    Definitions.
11.12.040    Abandonment prohibited.
11.12.050    Junked vehicles prohibited--Exceptions.
11.12.060    Restrictions on storage of vehicles--Ownership requirements.
11.12.070    Violation--Penalty.
11.12.080    Owner’s opportunity to request hearing--Public tow.

III
Tow List
Sections:
11.12.090    Police tow list establishment.
11.12.100    Tow list regulations--Police chief to establish.
11.12.110    Appeal procedures.

I
Removal of Vehicles Generally

11.12.010 Authorized when.
       A.     Members of the police department are authorized to remove or have
removed a vehicle to the nearest place of safety, or to a garage designated or maintained
by the police department, or by this municipality, under the circumstances listed here:
       1.     When any vehicle is left unattended upon any bridge, causeway or viaduct,
or in any subway or underpass, where the vehicle is an obstruction to traffic;
       2.     When a vehicle upon a street is so disabled as to be an obstruction to traffic,
or the person or persons in charge of the vehicle are, by reason of physical injury or
otherwise, incapacitated to such an extent as to be unable to provide for its custody and
removal;
       3.     When a vehicle is being driven upon the streets and is not in proper condition
to be driven;
       4.     When a vehicle is left unattended on a street and is parked illegally so as to
be a hazard or obstruction to the normal movement of traffic, or proper street or highway
maintenance, or the collection of trash or other items by any city sanitation or recycling
collection vehicle;
       5.     When a vehicle is in violation of this code under Section 11.12.040;
       6.     When the driver of the vehicle is taken into custody by the police department
and the vehicle would be left unattended, except on private property with the property
owner’s permission;
       7.     When removal is necessary in the interest of public safety because of fire,
flood, storm or other emergency reason;
       8.     When a vehicle is on public property and is in violation of this code under
Section 11.12.050;
       9.     Any vehicle failing to display number plates or failing to display the proper
                                                                                         Page 28 of 43


number plate or plates assigned to the vehicle under the provision of C.R.S. title 42, or
displaying number plates in a manner as to reasonably indicate a violation of any
provision C.R.S. title 42, or any other provision of state law with respect to motor vehicle
number plates, while parked, attended or unattended, or traveling on the streets,
highways or roadways of the city;
       10.    When a vehicle is parked in a tow-away zone;
       11.    When there is probable cause to believe that the driver of a vehicle has never
obtained an operator’s license;
       12.    When there is probable cause to believe that the operator’s license of the
driver is suspended, revoked, denied or cancelled;
       13.    When the officer has reason to believe that the driver is not in rightful
possession of the vehicle and the officer cannot verify ownership through readily available
methods;
       14.    When the law otherwise requires impoundment.
       B.     City parking enforcement officers, as authorized by the chief of police, can
remove or order the removal of a vehicle to a garage designated or maintained by the
police department, or by the city, under the circumstances set forth under subsections
(A)(5), (8) and (10) of this section.
(Code 1993, § 11.12.010; Ord. No. O-93-17, § 4; Ord. No. O-95-88, § 1; Ord. No. O-96-
74, § 1; Ord. No. O-99-77, § 1)

11.12.020 Storage and disposal.6
       Whenever an officer removes and impounds or stores a vehicle as authorized in
Section 11.12.010, such vehicle will be stored or disposed of in accordance with the
provisions of C.R.S. § 42-4-1103,
(Code 1993, § 11.12.020; Ord. No. O-93-17, § 4)

II
Abandoned or Junked Vehicles

11.12.030 Definitions.
       As used in this article:
       “Abandoned vehicle” means:
       1.     Any vehicle left unattended on private property for seventy-two hours
without the consent of the owner or lessee of such property or his or her legally
authorized agent;
       2.     Any vehicle left unattended on private property without the consent of the
owner or lessee of the property or his or her legally authorized agent when such private
property has been posted to give notice that any vehicles left on the private property
without permission may be towed at the owner’s expense. Such notice shall be posted
with signs visible to ordinarily observant persons on the property;
       3.     Any vehicle left unattended on public property, including any portion of a
highway, street, alley or other right-of-way for twenty-four hours or longer unless the
owner or driver has conspicuously affixed a dated notice stating his or her intention to
return or has otherwise notified the police department of his or her intention to remove it
within seventy-two hours.



6
    Legal Analysis: Code 1993, § 11.12.020. Storage and disposal, Deleted statutory reference as the
         statute was repealed with no director successor.
                                                                                   Page 29 of 43


       “Junked” means any vehicle which:
       1.     Does not bear valid, unexpired license plates, unless of a type specifically
exempted from motor vehicle licensing by the laws of the state of Colorado; or
       2.     Is wrecked, damaged or substantially dismantled to the extent that such
vehicle is inoperable; or
       3.     If designed to be capable of moving itself when in proper repair, is incapable
of being moved under its own power in its existing condition, or does not have all tires
inflated.
       “Property” means any real property within the city which is not a street or highway.
       “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.
       “Vehicle” means a machine propelled by power other than human power, and
includes campers, trailers and other equipment designed to be carried upon or towed
behind such powered vehicle, designed to travel along the ground by use of wheels,
treads, runners or slides, or upon such vehicle, and transport persons or property or pull
machinery, and shall include, without limitation, automobile, airplane, truck, trailer,
camper, motorcycle, motor scooter, recreational vehicle, tractor, buggy and wagon.
(Code 1993, § 11.12.030; amended during 1993 recodification; Ord. No. O-93-17, § 4)

11.12.040 Abandonment prohibited.
      It is unlawful to abandon any vehicle in the city.
(Code 1993, § 11.12.040; Ord. No. O-93-17, § 4)

11.12.050 Junked vehicles prohibited--Exceptions.
       It is unlawful for any person to permit any junked vehicle to be left upon any street,
highway, public property or, being the owner or tenant in possession of any real property
in the city, to cause or permit any junked vehicle to be put upon or kept upon any real
property in the city, except that this section shall not apply to the following conditions,
which shall constitute an affirmative defense:
       A.      The vehicle is located upon the premises of a lawfully zoned vehicle repair or
vehicle storage business; or
       B.      The vehicle is stored within a completely enclosed structure; or
       C.      A maximum of one vehicle per lot or parcel of real property shall be
permitted if said vehicle is entirely covered with a one-piece opaque heavy tarp or
commercial car cover, securely fastened at all times; or
       D.      In nonresidential areas, the vehicle is screened by a concealing fence not less
than six feet in height and otherwise complying with city ordinances applicable to such
fence, rendering the vehicle not visible to persons on adjacent private or public property
to the extent concealment can be reasonably obtained under the conditions of topography
and other attendant circumstances; or
       E.      A maximum of one vehicle per lot or parcel of real property is permitted if
the vehicle is currently undergoing repair or is awaiting the settlement of an insurance
claim, provided the vehicle is removed or brought into compliance within ninety days.
(Code 1993, § 11.12.050; Ord. No. O-93-17, § 4; Ord. No. O-95-60, § 1)

11.12.060 Restrictions on storage of vehicles--Ownership requirements.
       The storage of junked vehicles as authorized by subsections 11.12.050 C and E
shall be permitted only as to vehicles owned by the occupant of the premises upon which
such vehicle is located, or by members of the immediate family of the occupant.
                                                                                      Page 30 of 43


(Code 1993, § 11.12.060; Ord. No. O-93-17, § 4)

11.12.070 Violation--Penalty.7
       In addition to any other penalty, any vehicle found in violation of this chapter is a
public nuisance, and the city attorney may bring a civil action before any court of
competent jurisdiction for abatement. The court shall assess all costs incurred by the city
in securing the abatement, including impoundment and storage expenses, and reasonable
attorney’s fees, against the person or persons owning the vehicle and otherwise having
occupancy of the private property affected or custody of the junked or abandoned vehicle
involved.
(Code 1993, § 11.12.070; Ord. No. O-93-17, § 4; Ord. No. O-94-61, § 9)

11.12.080 Owner’s opportunity to request hearing--Public tow.8
       A.     When any vehicle is towed or removed pursuant to this chapter, the police
department shall, in addition to other notification requirements applicable to motor
vehicles under the laws of the state, within five regular business days of the city after
receipt of the report from the Colorado Department of Revenue, or ascertainment of
ownership of vehicles not subject to the Colorado reporting procedures, notify by certified
mail or personal service the owner of record, if ascertained, of the owner’s opportunity to
request a hearing concerning the legality of the towing or removal of the abandoned or
junked vehicle, and the responsible office of the police department to submit the request
for hearing. Such request shall be made in writing within ten days of the mailing of such
notice.
       B.     The department shall send each request for a hearing to the city manager or
designee, who shall act as hearing officer. The hearing officer shall schedule a hearing on
the matter within thirty days of the date of the request, and the hearing shall be
conducted according to due process standards applicable to administrative proceedings.
       C.     If it is determined at the hearing that the vehicle was illegally towed or
removed following the direction and authority of the police department in disregard of the
standards for junked and abandoned vehicles stated in this chapter, all towing and
removal charges and storage fees assessed against the vehicles shall be forgiven or paid
by the city; however, nothing shall relieve the owner of the obligation to mitigate the
costs involved by prompt retrieval or disposal of the property.
       D.     If the hearing officer sustains the legality of the towing or removal, an
administrative hearing fee of twenty-five dollars shall be assessed against the owner
requesting the hearing.
  E. All appeals of the decision of the hearing officer shall be prosecuted in conformance
       with Colorado Rule of Civil Procedure 106(a)(4).
(Code 1993, § 11.12.080; amended during 1993 recodification; Ord. No. O-93-17, § 4)

III
Tow List




7
  Legal Analysis: Code 1993, § 11.12.070. Violation--Penalty. Deleted as not needed or beyond the
       power of the city to provide.
8
  Legal Analysis: Code 1993, § 11.12.080. Owner’s opportunity to request hearing--Public tow.
       Please review the fee provided for herein and advise as to changes necessary to make same
       current.
                                                                                    Page 31 of 43


11.12.090 Police tow list establishment.
       The police chief shall have the authority to establish a list of qualified wrecker/tow
companies, with the approval of the city manager. The number of companies on the list
will be determined by the police chief with the following factors in mind:
       A.    Needs of the community for tow services;
       B.    To provide for tow services twenty-four hours a day, seven days a week;
       C.    To effectively manage the number of companies which the citizens and the
department travel to, communicate with, and conduct business with.
(Code 1993, § 11.12.090; Ord. No. O-88-77, § 1; amended during 1993 recodification;
Ord. No. O-95-88, § 2)

11.12.100 Tow list regulations--Police chief to establish.
       The police chief, with the approval of the city manager, shall establish
administrative regulations with which the companies on the tow list must comply. The
regulations shall include, but not be limited to, permits, response times, business and
equipment operation, and storage facilities. The director may require any company which
applies for a position on the tow list to pay a fee not to exceed fifty dollars per annum to
cover the administrative costs of inspection for compliance with the regulations and
application. The fee shall not be refundable for any reason.
(Code 1993, § 11.12.100; Ord. No. O-88-77, § 2; amended during 1993 recodification;
Ord. No. O-95-88, § 2)

11.12.110 Appeal procedures.
        Any decision, rule, regulation or action taken in accordance with Sections 11.12.090
and 11.12.100, in any instance, shall hereafter be referred to as the “action taken,” and
may be appealed according to the following procedure:
        A.     Any aggrieved party may request a regular hearing before the police chief by
filing a written appeal with the professional standards unit prior to twenty city business
days after the action taken that is being appealed. Such appeal must specify each and
every basis for the appeal. Unless an appeal is filed within the specified twenty-day
period, the action taken shall become final and absolute.
        If an appeal is filed, the hearing shall be held before the police chief not less than
ten city business days or more than thirty city business days after the receipt of the
appeal by the professional standards unit, and no continuance beyond such time shall be
permitted without the mutual consent of the city and the appellant. The hearing shall be
conducted in compliance with due process standards applicable to administrative hearings,
and the city shall have the burden of going forward with evidence and shall have the
burden of proving justification of the action taken, that is being appealed by a
preponderance of the evidence. The police chief shall make written findings of evidentiary
and ultimate fact, and may sustain, amend or reject the action taken that is being
appealed.
        B.     The decision of the police chief may be appealed to the district court,
pursuant to rule 106(a)(4), Colorado Rules of Civil Procedure.
(Code 1993, § 11.12.110; Ord. No. O-88-77, § 3; amended during 1993 recodification;
Ord. No. O-95-88, § 2)

Chapter 11.16

PARKING ASSESSMENTS
                                                                                        Page 32 of 43


Sections:
11.16.010 Parking bureau established--Responsibilities--Appointment of clerk--Clerk’s
duties.
11.16.020 Civil parking infractions.
11.16.030 Fines.
11.16.040 Violations--Police recording.
11.16.050 Payment within seven days and thirty days of notice--Delinquency and
impoundment assessments.
11.16.055 Scofflaw list--Impoundment.
11.16.060 Hearing--Judgment--Defenses--Default.

11.16.010 Parking bureau established--Responsibilities--Appointment of clerk--Clerk’s
duties.
       The parking bureau is created. The bureau is responsible for the processing of all
parking fines. The municipal judge shall appoint a parking clerk and such deputies as
required to carry out the responsibilities of that office. The parking clerk is subject to the
rules of the municipal judge. The parking clerk shall tender to the municipal treasury all
fines received at the end of each day.
(Code 1993, § 11.16.010; Ord. No. O-93-17, § 5; Ord. No. O-2000-06, § 1)

11.16.020 Civil parking infractions.
        Title owners are, jointly and severally, civilly liable for motor vehicles in violation of
the parking ordinances of the Model Traffic Code. Violations of the Model Traffic Code
listed in this chapter are civil parking infractions.
(Code 1993, § 11.16.020; Ord. No. O-93-17, § 5)

11.16.030 Fines.
       All violations listed in this section are civil parking infractions. The following
penalties apply:
       A.      The fine for each parking violation stated in the Model Traffic Code, except
those for which subsections B, C or D of this section specify a different fine, is ten dollars.
       B.      The fine for each of the following Model Traffic Code violations is fifteen
dollars:
       1.      Section 1206;
       2.      Section 1210;
       3.      Section 1204(4);
       4.      Section 1204(1)(b);
       5.      Section 1204(1)(e);
       6.      Section 1204(1)(f);
       7.      Section 1204(1)(g);
       8.      Section 1204(2)(b);
       9.      Section 1204(2)(e); and
       10.     Parking along a “yellow” no-parking zone.
       C.      The fine for each of the following violations is twenty-five dollars:
       1.      Stopping, standing or parking on railroad tracks, as stated by Section
1204(1)(h) of the Model Traffic Code;
       2.      Parking along a “red” no-parking zone; and
       3.      Violations of Section 11.32.030 of the Municipal Code.
       D.      The fine for each of the following Model Traffic Code violations is fifty dollars:
       1.      Restrictions on handicapped parking as stated in Section 1208;
                                                                                       Page 33 of 43


      2.     Parking of junked vehicles as stated in Section 1204(3)(a)(2)(B); and
      3.     Parking in a fire apparatus access road or fire lane as stated in Section
1204(2)(h).
(Code 1993, § 11.16.030; Ord. No. O-93-17, § 5; Ord. No. O-94-61, § 9; Ord. No. O-96-
37, § 3; Ord. No. O-98-02, § 2; Ord. No. O-2000-06, § 2; Ord. No. O-2005-68, § 1)

11.16.040 Violations--Police recording.
       A.     When a motor vehicle without a driver is found parked or stopped in violation
of any of the civil parking infractions, a peace officer finding such vehicle may take its
registration number and any other information displayed on the vehicle to determine its
ownership.
       B.     An officer may affix to the vehicle a ticket with a notice of parking infraction,
which shall contain the following information:
       1.     The date, time and location of violation;
       2.     The general nature of the violation and section of the Model Traffic Code;
       3.     The appropriate fine;
       4.     The name of the issuing officer;
       5.     Further notice as follows:
NOTICE OF PARKING FINE

      You have parked in violation of a City of Longmont parking ordinance. If you do not
contest the violation or pay the fine within seven days of issuance, an additional $10.00
charge will be added to the original fine. If the original fine and the additional $10.00 are
not contested or paid within thirty days of the date of the original ticket, an additional
delinquent charge, equal to the amount of the original fine, will also be added. If the
deadline for payment falls on a day that is not a city business day, you may pay on the
next day the city parking bureau is open.

      You may pay by placing the amount of the fine in this envelope and mailing it to the
address on the other side, or by bringing it to the parking bureau, located in the
Treasurer’s Office in the Finance Department Building at the Civic Center Complex, 350
Kimbark Street, Longmont, Colorado.

       IF YOU WISH TO CONTEST THE PARKING FINE, you or your legal counsel must file
a written request for a hearing with the parking bureau within thirty days after the date of
issuance of the ticket. It is an affirmative defense to a parking infraction that at the time
and location specified on the ticket, the vehicle was stolen and used without the consent
of the owners or persons having the right to possession.

      C.    The original of the parking ticket shall be filed with the parking bureau.
(Code 1993, § 11.16.040; Ord. No. O-93-17, § 5; Ord. No. O-2000-06, § 3)

11.16.050 Payment within seven days and thirty days of notice--Delinquency and
impoundment assessments.9
      A.  Parking infraction fines not paid to the city or contested within seven days of



9
    Legal Analysis: Code 1993, § 11.16.050. Payment within seven days and thirty days of notice--
         Delinquency and impoundment assessments. Please review the fee provided for herein and
         advise as to changes necessary to make same current.
                                                                                       Page 34 of 43


issuance of the ticket, are delinquent, and subject to the delinquency assessments in
subsection B of this section. If the seventh or thirtieth day, as appropriate, falls on a
Saturday, Sunday or holiday of the city, the period for payment extends to the next
business day.
       B.     To defray administrative expenses, the parking bureau shall assess ten
dollars for each fine not paid or contested within seven days of the ticket issuance. The
parking bureau shall assess an amount equaling the original fine, for each fine not paid or
contested within thirty days of the ticket issuance.
       C.     The parking bureau shall assess twenty-five dollars for every vehicle
impounded pursuant to Section 11.16.055 to defray administrative expenses.
(Code 1993, § 11.16.050; Ord. No. O-93-17, § 5; Ord. No. O-94-61, § 9; Ord. No. O-96-
37, § 4)

                                              10
11.16.055 Scofflaw list--Impoundment.
       A.     Scofflaw List. The parking bureau shall keep a current list of vehicles issued
four or more tickets which are unpaid for thirty or more days. The list shall be known as
the scofflaw list. Vehicles shall remain on the list until all the tickets have been paid, the
owner has contested the tickets and has posted a cash bond for the total amount due, or
the owner makes other arrangements approved by the parking bureau.
       B.     The parking bureau shall give notice by first class mail to the registered
owner of each vehicle on the scofflaw list, stating that the vehicle is on the list, and:
       1.     The date and nature of each ticket overdue and the amount due on each;
       2.     The total amount due;
       3.     A specific deadline for response, no less than ten days after the date of
mailing;
       4.     That the owner must, by the deadline, respond to the notice by paying the
total amount due, by posting a bond for the full amount due and arranging with the
parking bureau for contesting the tickets and assessments due, or make other
arrangements approved by the parking bureau;
       5.     That if the vehicle owner fails to respond within the time given, the listed
vehicle will be subject to immediate impoundment;
       6.     That the twenty-five dollars will be assessed for every vehicle impounded;
and
       7.     That if the vehicle is impounded, the owner must pay the costs of towing and
storage.
       C.     The notice is sufficient if mailed to the address provided by a government
vehicle registration office. If, after a reasonable effort, the parking bureau is unable to
discover any mailing address, then notice is sufficient if placed on the vehicle, personally
served or served by other means that provides due process.
       D.     If the date for response specified in subsection (B)(3) of this section passes
without payment of the fines and assessments, or posting of sufficient bond for a vehicle
on the scofflaw list, any parking enforcement, community service or police officer is
authorized to impound the vehicle.
       E.     When an owner pays the fines and assessments, or posts a bond for the full
amount of the fines and assessments of a vehicle on the scofflaw list, the parking bureau



10
     Legal Analysis: Code 1993, § 1.16.055. Scofflaw list--Impoundment. Please review the fee
         provided for herein and advise as to changes necessary to make same current. Also review
         the advisability of including in the Code.
                                                                                    Page 35 of 43


shall remove the vehicle from the list.
       F.      If an officer authorized to impound a vehicle comes into contact with the
owner or driver of a vehicle on the scofflaw list during the impoundment, the officer shall
advise the owner or driver he or she may pay the towing charge and accompany the
officer to the parking bureau to pay the fines or post bond to remove the vehicle from the
scofflaw list. If the owner or driver refuses, the officer shall impound the vehicle.
       G.      When the owner or agent of the owner of an impounded vehicle posts bond
or pays the fines and all related assessments at the parking bureau, the parking bureau
will authorize the towing company to release the vehicle. The owner or agent is
responsible for all towing and storage fees of any impounded vehicle.
(Code 1993, § 11.16.055; Ord. No. O-96-37, § 5)

11.16.060 Hearing--Judgment--Defenses--Default.
       A.      If a hearing is requested to contest the parking infraction, the listing of a
vehicle on the scofflaw list or impoundment of any vehicle, the municipal court, or a
referee appointed by the municipal court, shall conduct the hearing. If the parking
infraction is proven beyond a reasonable doubt, civil judgment for the fine and any
delinquency assessments shall be entered. The owner of the vehicle shall have the burden
of proof that the vehicle should not have been placed on the scofflaw list or that the
vehicle should not have been impounded.
       B.      Proof that the particular vehicle described on the ticket was parked in
violation of the ordinance, and proof of the identity of the registered owner of the vehicle,
shall constitute prima facie evidence that the registered owner of the vehicle was the
person who parked or placed the vehicle at the point where, and for the time during
which, the violation occurred.
       C.      It is an affirmative defense to any violation of one or more parking
infractions that the vehicle was stolen at the time of the assessment and used without the
consent of the owners or the persons having the right to possession.
       D.      If the owner or agent successfully contests a parking infraction and the
remaining unpaid tickets are less than four, the vehicle shall be removed from the
scofflaw list. It is not an affirmative defense and the owner shall not be relieved from
paying the impoundment assessment or the towing charges if the owner or agent of the
owner of the vehicle impounded has not paid the fines and assessments or contested
being placed on the scofflaw list before the time period specified in subsection (B)(3) of
Section 11.16.055.
       E.      If the parking assessment is not fully paid or contested within thirty days of
issuance, then in addition to being placed on the scofflaw list and the vehicle being
subject to impoundment, the municipal court or referee shall enter a default judgment
against the owner or owners in the amount of the fine and delinquent assessments.
       F.      No fees or costs generally applicable to traffic infractions shall be assessed
upon a finding of guilt or liability; however, all costs incurred and legal interest applicable
shall be recoverable by the city if the city begins collection of judgment.
(Code 1993, § 11.16.060; Ord. No. O-93-17, § 5; Ord. No. O-96-37, § 6; Ord. No. O-
2000-06, § 4)


Chapter 11.24

PARADE PERMITS
                                                                                       Page 36 of 43


Sections:
11.24.010      Permit required.
11.24.020      Application--Contents--Fees.
11.24.030      Issuance.
11.24.040      Modification for free passage considerations.
11.24.050      Denial.
11.24.060      Denial or modification--Appeal to city manager.

11.24.010 Permit required.
        No person shall parade, march or take part in any parade, march or performance of
like nature within or upon any street, highway or other public place within the city without
first having obtained a written parade permit from the police chief or deputy.
(Code 1981, § 5-9-1(a); Code 1993, § 11.24.010; Ord. No. O-80-26, § 1; amended
during 1993 recodification)

11.24.020 Application--Contents--Fees.11
       A written application for a parade permit shall be submitted at least twenty-four
hours prior to the taking place of the parade event, and shall be submitted to the office of
the police chief, or deputy, and shall contain information as to the object, time and place
of the parade, anticipated number of persons and vehicles, and the proposed route of the
parade, together with a processing fee of fifty dollars. (Code 1981, § 5-9-2; Code 1993, §
11.24.020; Ord. No. O-80-26, § 1; Ord. No. O-88-50, § 4; amended during 1993
recodification)

11.24.030 Issuance.*
      The police chief or deputy shall, within twelve hours of receipt of the application
provided for in Section 11.24.020, issue the parade permit and make same available at
the police chief’s office to the applicant, unless the police chief determines that the parade
would substantially interrupt the free passage of persons and traffic of the general public.
(Code 1981, § 5-9-3; Code 1993, § 11.24.030; Ord. No. O-80-26, § 1; amended during
1993 recodification)

11.24.040 Modification for free passage considerations.*
       In the event that it is determined by the police chief or deputy that the proposed
parade would substantially interrupt the free passage of persons or traffic of the general
public, the police chief shall issue, within twelve hours of application, a parade permit
modifying the time, place, route or the spacing of participants to the extent as may be
required to reasonably provide for the public access and travel along and across the
parade route. Such modified permit shall contain a statement of justification as to why the
permit requested has been modified.
(Code 1981, § 5-9-3; Code 1993, § 11.24.040; Ord. No. O-80-26, § 1; amended during
1993 recodification)

11.24.050 Denial.
      In the event that the police chief or deputy determines that in any event the



11
     Legal Analysis: Code 1993, § 11.24.020. Application--Contents--Fees. Please review the fee
         provided for herein and advise as to changes necessary to make same current. Also review
         the advisability of inclusion in the Code.
                                                                                    Page 37 of 43


issuance of the parade permit would irreconcilably conflict with public safety, result in riot
or civil disorder beyond the power of the Longmont police to reasonably control, then,
within twelve hours of the application, the police chief or deputy shall issue a written
statement of denial setting forth the basis for denial.
(Code 1981, § 5-9-4; Code 1993, § 11.24.050; Ord. No. O-80-26, § 1; amended during
1993 recodification)

11.24.060 Denial or modification--Appeal to city manager.
       Any person aggrieved by the terms of the modified parade permit or the denial of a
parade permit may, during regular business hours of the city, appeal the matter, in
writing, to the city manager. The appeal shall specify the basis for error, and shall be
signed and verified by the aggrieved party. The city manager shall review the modification
or denial of permit of the police chief and the appeal filed, and shall, within twelve hours
of receipt of the appeal, issue a ruling sustaining or further modifying, or overruling, the
decision of the police chief or deputy.
(Code 1981, § 5-9-5; Code 1993, § 11.24.060; Ord. No. O-80-26, § 1; amended during
1993 recodification)


Chapter 11.28

RECREATIONAL USE OF VEHICLES

Sections:
11.28.010    Definitions.
11.28.020    Restrictions.

11.28.010 Definitions.
       As used in this chapter:
       “Operate” means to ride in or on and control the operation of a recreational vehicle
while it is self-propelled.
       “Recreational vehicle” means a motorized, self-propelled, wheeled or track vehicle
primarily designed to be operated for recreational purposes on land or water, other than
roads or highways, and shall include those motorcycles more commonly known as dirt
bikes. “Recreational vehicle” does not apply to battery-operated children’s vehicles.
(Code 1993, § 11.28.010; Ord. No. O-93-17, § 7)

11.28.020 Restrictions.
       It is unlawful to:
       A.      Operate a recreational vehicle or a battery-operated children’s vehicle on any
public road or highway within the city unless it is properly licensed, registered and street
equipped;
       B.      Operate a recreational vehicle, except by sitting on a permanently attached
seat;
       C.      Operate a recreational vehicle with more people than there are permanently
attached seats for;
       D.      Operate a recreational vehicle in the city, except:
       1.      On one’s own property or that of another with the owner’s express
permission, for recreational purposes to the extent permitted by applicable zoning and
other ordinances, and
                                                                                  Page 38 of 43


        2.   Golf carts, operated exclusively on golf courses in regular and authorized
play;
      E.     Nothing in subsection D of this section shall permit any public or private
nuisance as the result of such use.
(Code 1993, § 11.28.020; Ord. No. O-93-17, § 7)


Chapter 11.32

USE OF STREETS BY TRUCKS AND COMMERCIAL VEHICLES

Sections:
11.32.010    Trucks and commercial vehicles restricted from local streets.
11.32.020    Business destination--Affirmative defense.
11.32.030    Trucks and trailers on streets.
11.32.040    Penalty.

11.32.010 Trucks and commercial vehicles restricted from local streets.
      It is unlawful to drive any truck or other commercial vehicle having a total empty
weight in excess of seven thousand pounds, on any public street within the city, unless
the roadway is specifically designated and posted as a truck route.
(Code 1993, § 11.32.010; Ord. No. O-93-17, § 8)

11.32.020 Business destination--Affirmative defense.
       It shall be an affirmative defense to Section 11.32.010 that the driver was in the
immediate process of delivering or picking up materials or merchandise, for providing
services, or for reaching the final business destination. Excluded trucks may leave the
truck route only at the point nearest the destination and must return to the truck route by
the shortest route.
(Code 1993, § 11.32.020; Ord. No. O-93-17, § 8)

11.32.030 Trucks and trailers on streets.
       A.     As used in this section:
       “Residential street” means those public streets whose primary function is to provide
access to immediately adjacent land used for single-family or multi-family residential
purposes.
       “Semitrailer” means any wheeled vehicle, without motive power, designed to be
used in conjunction with a truck-tractor so that some part of its own weight and that of its
cargo load rest upon, or is carried by such truck-tractor and which is commonly used to
carry and transport property over the public highways.
       “Truck” means any vehicle with a body designed to carry property and which is
generally used to carry and transport property over the public highways.
       “Truck-tractor” means any vehicle which is generally and commonly designed to
draw a semi-trailer and its cargo over the public highways.
       B.     It is unlawful to:
       1.     Leave or park any semitrailer and truck-tractor, or either of them, in or at
the side of any residential street or residential property, except during the expeditious
loading or unloading of property;
       2.     Leave any truck, truck-tractor or semitrailer in any nonresidential public
street or at the side of any street, or on any public property or thoroughfare for over
                                                                                  Page 39 of 43


seventy-two consecutive hours, except that pickup trucks rated at one ton or less shall be
subject to the parking regulation applicable to passenger motor vehicles.
      C.     Violations of subsection B of this section shall be parking infractions and the
procedures of parking infractions in Chapter 11.16 are fully applicable.
(Code 1993, § 11.32.030; Ord. No. O-93-17, § 8)

                        12
11.32.040 Penalty.
       Anyone violating the provisions of this chapter, upon conviction, shall be punished
by a fine of not less than two hundred dollars nor more than nine hundred ninety-nine
dollars for any single violation within a twelve-month period. Upon a second or
subsequent conviction under this section within such twelve-month period, the defendant
shall be punished by a fine of not less than five hundred dollars. The fines imposed by this
section are mandatory and the court shall not suspend the fine in whole or in part.
(Code 1993, § 11.32.040; Ord. No. O-93-59, § 1)


Chapter 11.36

PARKING PERMITS

Sections:
I. General Provisions
11.36.010 Use requirements--Two-hour parking lots.
11.36.020 Form requirements--Lots designated.
11.36.030 Issuance.
11.36.040 Sale procedure.
11.36.050 Numbering--Information required.
11.36.060 Fee.
11.36.070 Violation--Penalty.

I. General Provisions

11.36.010 Use requirements--Two-hour parking lots.
       Where official signs are placed within the area of any municipal parking lot
designated in Section 11.36.020 of this chapter restricting parking time to two hours, a
person issued a parking permit as herein specified may, during the term of validity, park a
vehicle in the lot designated in the permit. The vehicle shall prominently display such
permit within the windshield dashboard area during the hours of eight a.m. through five
p.m., Monday through Friday.
(Code 1993, § 11.36.010; Ord. No. O-84-68, § 1 (A); Ord. No. O-2006-2, § 1; Ord. No.
O-2006-37, § 1)

11.36.020 Form requirements--Lots designated.
       A maximum number of permits as established by resolution of the city council for
each lot herein below designated shall be available for public sale by the city manager or
designee. Such permits shall be coded by color or otherwise to indicate the parking lot
applicable, the period of validity and a code reference to the person purchasing the


12
     Legal Analysis: Code 1993, § 11.32.040. Penalty. Please review penalty.
                                                                                       Page 40 of 43


particular permit and vehicles subject to the permit:

     Lot Number                          Location
     1                                   500 Block   Coffman
     2                                   500 Block   Kimbark
     3                                   400 Block   Kimbark
     4                                   300 Block   Kimbark
     5                                   300 Block   Coffman

(Code 1993, § 11.36.020; Ord. No. O-84-68, § 1 (B); Ord. No. O-2006-2, § 1; Ord. No.
O-2006-37, § 1)

11.36.030 Issuance.
      The city manager or designee shall issue permits for the lots set forth in Section
11.36.020 of this chapter in numbers and for such terms as the city council may establish
by resolution.
(Code 1993, § 11.36.030; Ord. No. O-84-68, § 1 (C); Ord. No. O-2006-2, § 1; Ord. No.
O-2006-37, § 1)

11.36.040 Sale procedure.
      Newly issued permits shall become available for sale to the public on the first
business day of the term for which the permit is applicable and shall be available at any
time during the term, as established by the council, on a first-come, first-served basis. No
more than one permit shall be sold per person, per term. Nothing herein shall prohibit the
council from, by resolution, establishing a lottery system of permittee selection.
(Code 1993, § 11.36.040; Ord. No. O-84-68, § 1 (D); Ord. No. O-2006-2, § 1; Ord. No.
O-2006-37, § 1)

11.36.050 Numbering--Information required.
      Each permit shall be numbered and the applicant shall provide the city manager or
designee with information as follows:
      A.    The name and address of applicant;
      B.    Make, model, year and Colorado registration number of each vehicle of the
household intended for permit parking;
      C.    Parking lot for which the permit is applicable.
(Code 1993, § 11.36.050; Ord. No. O-84-68, § 1 (E); Ord. No. O-2006-2, § 1; Ord. No.
O-2006-37, § 1)

11.36.060 Fee.13
      Fee for permits shall be at rates established by resolution of and shall be paid in
advance of the time a permit is issued.
(Code 1993, § 11.36.060; Ord. No. O-84-68, § 1 (F); Ord. No. O-2006-2, § 1; Ord. No.
O-2006-37, § 1)

                                    14
11.36.070     Violation--Penalty.


13
   Legal Analysis: Code 1993, § 11.36.060. Fee. Under the charter it does not appear that fees can
       be established by resolution.
14
   Legal Analysis: Code 1993, § 11.36.070. Violation--Penalty. Please review penalty.
                                                                                  Page 41 of 43


       A.    It is unlawful for any person to display, or cause or permit another to display,
a forged, revoked or altered permit issued hereunder. The court shall fine offenders
between fifty dollars and five hundred dollars. Upon conviction, the issuer shall revoke the
permit and deny the person so convicted any permit for one year from conviction.
       B.    Vehicles displaying a permit for a parking lot not designated thereon or
having an expired permit shall be subject to the same time and day restrictions posted
otherwise applicable to vehicles using the facility.
(Code 1993, § 11.36.070; Ord. No. O-84-68, § 1 (G), (H); Ord. No. O-94-61, § 9; Ord.
No. O-2006-2, § 1; Ord. No. O-2006-37, § 1)


Chapter 11.37

PEDESTRIAN MALLS

Sections:
11.37.010    Definitions.
11.37.020    Stopping, standing and parking.
11.37.030    Rules and regulations.

11.37.010 Definitions.
       As used in this chapter: “Pedestrian mall” means any pedestrian mall created
pursuant to the provisions the Public Mall Act of 1970 (C.R.S. § 31-25-401 et seq.), and
shall specifically include the following:
       Sixth Avenue Plaza Pedestrian Mall, the total public right-of-way of Sixth Avenue
from Main Street west for a distance of one hundred feet.
(Code 1993, § 11.37.010; Ord. No. O-88-68, § 2)

11.37.020 Stopping, standing and parking.
      No person shall stop, stand, park or operate an automobile or other vehicle within a
pedestrian mall except as enumerated below:
      A.      Public, construction, maintenance, emergency and public utility vehicles,
when actually used for public, maintenance, emergency or public utility purposes,
respectively;
      B.      Vehicle loading and unloading for permitted mall uses.
(Code 1993, § 11.37.020; Ord. No. O-88-68, § 2)

11.37.030 Rules and regulations.
       The following additional rules and regulations shall govern the use, operation,
maintenance and control of pedestrian malls:
       A.     The malls shall be public, subject to regulations contained herein and other
applicable provisions of this code, including Chapter 13.37.
       B.     The following activities and uses are prohibited within the Sixth Avenue Plaza
Pedestrian Mall:
       1.     Unattended animals;
       2.     Installation of new aboveground utilities;
       3.     Except in designated driveways and parking areas and except for emergency
vehicles, the operation of automobiles, trucks, motorcycles, two-wheel motor-driven
vehicles or other motor-driven vehicles;
       4.     Except in designated driveways or if dismounted and walked, carried or
                                                                                    Page 42 of 43


parked, bicycles, skateboards, three-wheel vehicles, sleds or other riding vehicles, except
those used by handicapped persons;
       5.     Banners, kiosks, retail and wholesale or other merchandising, except as
allowed under Chapter 6.100;
       6.     Live entertainment, which does not meet all applicable codes of the city;
       7.     Carnival rides, water slides, sports activities and games, including golf,
volleyball, tennis, softball, soccer, football, Frisbee games and racing;
       8.     Except as otherwise permitted by this code, activities which use electronic
amplification of music, voice or other sounds;
       9.     Activities which are prohibited by this code, state law, federal law or court
order;
       10.    Activities which create an unreasonable physical hazard or nuisance to the
people using the mall or to people working or living adjacent to the mall or to people
using the public street adjacent to the mall;
       11.    Signs that do not comply with all otherwise applicable provisions of the
Longmont Municipal Code.
(Code 1993, § 11.37.030; Ord. No. O-88-68, § 2; Ord. No. O-89-29, § 1)


Chapter 11.38

SOLICITATION IN OR NEAR STREET
OR HIGHWAY
4652723HZJD
Sections:
11.38.010     Definitions.
11.38.020     Solicitation in or near street or highway.

11.38.010 Definitions.
        The following definitions shall apply in the interpretation and enforcement of this
chapter:
        “Median” means the area of a street, generally in the middle, which separates
traffic traveling in one direction from traffic traveling in another direction, or which, at
intersections, separates traffic turning left from traffic proceeding straight. Such an area is
physically defined by curbing, landscaping, or other physical obstacles, to the area’s use
by motor vehicles, or by traffic control markings which prohibit use of a portion of the
pavement of a street by motor vehicles other than to drive generally perpendicularly
across the markings or to wait there awaiting the opportunity to cross or merge with the
opposing lanes of traffic (also known as painted medians, which are wider than a double
yellow line); or
        The area of a street at an intersection between the streets and a right turn only
lane, roughly triangular in shape, and separated from the motor vehicular traffic lanes by
curbing, landscaping, or other physical obstacles to the area’s use by motor vehicles (also
known as a right turn island).
        “Street” or “highway” means the entire width between the boundary lines of every
way publicly maintained when any part thereon 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
highway by any law of this state, except the area intended for pedestrian travel, such as a
sidewalk.
(Code 1993, § 11.38.010; Ord. No. O-2003-82, § 1)
                                                                                Page 43 of 43



11.38.020 Solicitation in or near street or highway.
       A.    The purpose of this section is to prevent dangers to persons and property, to
prevent delays, and to avoid interference with the traffic flow. Roadways that have center
medians often are designed to deal with specific traffic flow problems. Any delay or
distraction may interfere with traffic planning. Sometimes persons stand near
intersections and near traffic lights to contact drivers or passengers in cars that are
passing or that are stopped temporarily due to traffic lights.
       B.    It shall be unlawful for any person to solicit employment, business,
contributions, or sales of any kind, or collect monies for the same, from the occupant of
any vehicle traveling upon any street or highway when the person performing the activity:
       1.    Enters onto the traveled portion of a street or highway; or
       2.    Is located upon any median; or
       3.    Is located such that vehicles cannot move into a legal parking area to safely
conduct the transaction.
       C.    For purposes of this section, the traveled portion of the street or highway
shall mean that portion of the road normally used by moving motor vehicle traffic.
(Code 1993, § 11.38.020; Ord. No. O-2003-82, § 1)

				
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