(1)
No person shall drive a vehicle when it is so loaded or when there
are in the front seat such number of persons, exceeding three, as
to obstruct the view of the driver to the front or sides of the vehicle
or as to interfere with the driver’s control over the driving
mechanism of the vehicle.
(2)
No person shall knowingly drive a vehicle while any passenger therein
is riding in any manner which endangers the safety of such passenger
or others.
(3)
A person shall not drive a motor vehicle equipped with a video display visible to the driver while the motor vehicle is in motion. This subsection (3) does not prohibit the usage of a computer, data terminal, or safety equipment in a motor vehicle so long as the computer, data terminal, or safety equipment is not used to display visual entertainment, including Internet browsing, social media, and e-mail, to the driver while the motor vehicle is in motion.
(4)
No vehicle shall be operated upon any highway unless the driver’s
vision through any required glass equipment is normal and unobstructed.
(5)
No passenger in a vehicle shall ride in such position as to create
a hazard for such passenger or others, or to interfere with the driver’s
view ahead or to the sides, or to interfere with the driver’s
control over the driving mechanism of the vehicle; nor shall the driver
of a vehicle permit any passenger therein to ride in such manner.
(6)
No person shall hang on or otherwise attach himself or herself to the outside, top, hood, or fenders of any vehicle, or to any other portion thereof, other than the specific enclosed portion of such vehicle intended for passengers or while in a sitting position in the cargo area of a vehicle if such area is fully or partially enclosed on all four sides, while the same is in motion; nor shall the operator knowingly permit any person to hang on or otherwise attach himself or herself to the outside, top, hood, or fenders of any vehicle, or any other portion thereof, other than the specific enclosed portion of such vehicle intended for passengers or while in a sitting position in the cargo area of a vehicle if such area is fully or partially enclosed on all four sides, while the same is in motion. This subsection (6) shall not apply to parades, caravans, or exhibitions which are officially authorized or otherwise permitted by law.
(7)
The provisions of subsection (6) of this section shall not apply to a vehicle owned by the United States government or any agency or instrumentality thereof, or to a vehicle owned by the State of Colorado or any of its political subdivisions, or to a privately owned vehicle when operating in a governmental capacity under contract with or permit from any governmental subdivision or under permit issued by the public utilities commission of the State of Colorado, when in the performance of their duties persons are required to stand or sit on the exterior of the vehicle and said vehicle is equipped with adequate handrails and safeguards.
(8)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
It is unlawful 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 combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this section and GJMC § 10.04.204 to 10.04.231 and §§ 42-4-204 to 42-4-231,
C.R.S., or which is equipped in any manner in violation of said sections
or for any person to do any act forbidden or fail to perform any act
required under said sections.
(3)
Nothing in this chapter shall be construed to prohibit the use of
additional parts and accessories on any vehicle, consistent with the
provisions of this chapter.
(4)
(a)
Any vehicle, motor vehicle, trailer, or item of special mobile machinery, or similar implement of equipment, used in any type of construction business which has an identification issued by the Colorado Department of Transportation shall, when said plate is affixed, exempt any such item of equipment, machinery, trailer, or vehicle from all or part of this section and GJMC § 10.04.204 to 10.04.231 and §§ 42-4-204 to 42-4-231,
C.R.S.
(b)
Reserved.
(c)
Each exempt item may be moved on the roads, streets, and highways
during daylight hours and at such time as vision is not less than
500 feet. No cargo or supplies shall be hauled upon such exempt item
except cargo and supplies used in normal operation of any such item.
(5)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
Uniformed police officers, at any time upon reasonable cause, may
require the driver of a vehicle to stop and submit such vehicle and
its equipment to an inspection and such test with reference thereto
as may be appropriate. The fact that a vehicle is an older model vehicle
shall not alone constitute reasonable cause. In the event such vehicle
is found to be in an unsafe condition or the required equipment is
not present or is not in proper repair and adjustment, the officer
may give a written notice and issue a summons to the driver. Said
notice shall require that such vehicle be placed in safe condition
and properly equipped or that its equipment be placed in proper repair
and adjustment, the particulars of which shall be specified on said
notice.
(2)
In the event any such vehicle is, in the reasonable judgment of such police officer, in such condition that further operation would be hazardous, the officer may require, in addition to the instructions set forth in subsection (1) of this section, that the vehicle be moved at the operator’s expense and not operated under its own power or that it be driven to the nearest garage or other place of safety.
(3)
Every owner or driver upon receiving the notice and summons issued pursuant to subsection (1) of this section or mailed pursuant to subsection (4)(b) of this section shall comply therewith and shall secure a certification upon such notice by a law enforcement officer that such vehicle is in safe condition and its equipment has been placed in proper repair and adjustment and otherwise made to conform to the requirements of this chapter. Said certification shall be returned to the owner or driver for presentation in court as provided for in subsection (4) of this section.
(4)
(a)
(I)
Except as provided for in subsection (4)(a)(II) or (III) of this
section, any owner receiving written notice and a summons pursuant
to this section is guilty of a misdemeanor offense and, upon conviction
thereof, shall be punished by a fine of $100.00, payable within 30
days after conviction.
(II)
If the owner repairs the unsafe condition or installs or adjusts
the required equipment within 30 days after issuance of the notice
and summons and presents the certification required in subsection
(3) of this section to the court, the owner shall be punished by a
fine of $5.00.
(III)
If the owner submits to the court within 30 days after the issuance
of the summons proof that the owner has disposed of the vehicle for
junk parts or immobilized the vehicle and also submits to the court
the registration and license plates for the vehicle, the owner shall
be punished by a fine of $5.00. If the owner wishes to relicense the
vehicle in the future, the owner must obtain the certification required
in subsection (3) of this section.
(b)
(I)
Except as provided for in subsection (4)(b)(II) of this section,
any nonowner driver receiving written notice and a summons pursuant
to this section is guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine of $100.00, payable within 30 days after
conviction.
(II)
If the driver submits to the court within 30 days after the
issuance of the summons proof that the driver was not the owner of
the car at the time the summons was issued and that the driver mailed,
within five days of issuance thereof, a copy of the notice and summons
by certified mail to the owner of the vehicle at the address on the
registration, the driver shall be punished by a fine of $5.00.
(c)
Upon a showing of good cause that the required repairs or adjustments
cannot be made within 30 days after issuance of the notice and summons,
the court may extend the period of time for installation or adjustment
of required equipment as may appear justified.
(d)
The owner may, in lieu of appearance, submit to the court, within
30 days after the issuance of the notice and summons, the certification
specified in subsection (3) of this section and the fine of $5.00.
(Ord. 4759, 9-6-17)
(1)
Every vehicle being operated upon a highway within the City limits, between sunset and sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1,000 feet ahead, shall display lighted lamps and illuminating devices as required by Title 42, Article 4, C.R.S., for different classes of vehicles, subject to exceptions with respect to parked vehicles.
(2)
Whenever requirement is declared by this chapter as to distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in subsection (1) of this section in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated.
(3)
Whenever requirement is declared by this chapter as to the mounted
height of lamps or devices, it shall mean from the center of such
lamp or device to the level ground upon which the vehicle stands when
such vehicle is without a load.
(4)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
While being operated on a road every motor vehicle other than a motorcycle shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in GJMC § 10.04.202 and 10.04.204 to 10.04.231.
(3)
While the vehicle is being operated on a road every head lamp upon every motor vehicle, including every motorcycle, shall be located at a height measured from the center of the head lamp of not more than 54 inches nor less than 24 inches, to be measured as set forth in GJMC § 10.04.204(3).
(4)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
While being operated on a road or being drawn by a vehicle being operated on a road, every motor vehicle, trailer, semitrailer, and pole trailer and any other vehicle that is being drawn at the end of a train of vehicles must be equipped with at least one tail lamp mounted on the rear, which, when lighted as required in GJMC § 10.04.204, emits a red light plainly visible from a distance of 500 feet to the rear; except that, in the case of a train of vehicles, only the tail lamp on the rear-most vehicle need actually be seen from the distance specified, except as provided in § 42-12-204, C.R.S. Furthermore, every vehicle registered in this State and manufactured or assembled after January 1, 1958, while being operated on a road, must be equipped with at least two tail lamps mounted on the rear, on the same level and as widely spaced laterally as practicable, which, when lighted as required in GJMC § 10.04.204, comply with this section.
(2)
Every tail lamp upon every vehicle being operated on the road shall be located at a height of not more than 72 inches nor less than 20 inches, to be measured as set forth in GJMC § 10.04.204(3).
(3)
Either a tail lamp or a separate lamp shall be so constructed and
placed as to illuminate with a white light the rear registration plate
of a motor vehicle being operated on the road and render it clearly
legible from a distance of 50 feet to the rear. Any tail lamp, together
with any separate lamp for illuminating the rear registration plate,
shall be so wired as to be lighted whenever the head lamps or auxiliary
driving lamps are lighted.
(4)
While being operated on a road, every motor vehicle must carry on the rear, either as part of a tail lamp or separately, one red reflector meeting the requirements of this section; except that vehicles of the type mentioned in GJMC § 10.04.207 must be equipped with reflectors as required by law unless otherwise provided in § 42-12-204, C.R.S.
(5)
Every new motor vehicle sold and operated on and after January 1, 1958, upon a highway shall carry on the rear, whether as a part of the tail lamps or separately, two red reflectors; except that every motorcycle shall carry at least one reflector meeting the requirements of this section, and vehicles of the type mentioned in GJMC § 10.04.207 shall be equipped with reflectors as required in those sections applicable thereto.
(6)
Every reflector shall be mounted on the vehicle being operated on a road at a height of not less than 20 inches nor more than 60 inches, measured as set forth in GJMC § 10.04.204(3) and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 350 feet to 100 feet from such vehicle when directly in front of lawful upper beams and head lamps; except that visibility from a greater distance is required by law of reflectors on certain types of vehicles.
(7)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
While being operated on a road every vehicle designed or used for the transportation of property or for the transportation of persons shall display lighted lamps at the times mentioned in GJMC § 10.04.204 when and as required in this section.
(2)
Clearance Lamps.
(a)
While being operated on a road every motor vehicle or motor-drawn
vehicle having a width at any part in excess of 80 inches shall be
equipped with four clearance lamps located as follows:
(I)
Two on the front and one at each side, displaying an amber light
visible from a distance of 500 feet to the front of the vehicle;
(b)
All clearance lamps required pursuant to subsection (2)(a) of this
section shall be placed on the extreme sides and located on the highest
stationary support; except that, when three or more identification
lamps are mounted on the rear of a vehicle on the vertical center
line and at the extreme height of the vehicle, rear clearance lamps
may be mounted at optional height.
(c)
Any trailer, when operated in conjunction with a vehicle which is
properly equipped with front clearance lamps as provided in this section,
may be, but is not required to be, equipped with front clearance lamps
if the towing vehicle is of equal or greater width than the towed
vehicle.
(d)
All clearance lamps required in this section shall be of a type approved
by the Department.
(3)
Side Marker Lamps.
(a)
While being operated on a road, every motor vehicle or motor-drawn
vehicle or combination of such vehicles which exceeds 30 feet in overall
length shall be equipped with four side marker lamps located as follows:
(I)
One on each side near the front displaying an amber light visible
from a distance of 500 feet to the side of the vehicle on which it
is located;
(II)
One on each side near the rear displaying a red light visible
from a distance of 500 feet to the side of the vehicle on which it
is located; but the rear marker light shall not be so placed as to
be visible from the front of the vehicle.
(b)
Each side marker lamp required pursuant to subsection (2)(a) of this
section shall be located not less than 15 inches above the level on
which the vehicle stands.
(c)
If the clearance lamps required by this section are of such a design
as to display lights visible from a distance of 500 feet at right
angles to the sides of the vehicles, they shall be deemed to meet
the requirements as to marker lamps in this subsection (3).
(d)
All marker lamps required in this section shall be of a type approved
by the Department.
(4)
Clearance Reflectors.
(a)
While being operated on a road every motor vehicle having a width
at any part in excess of 80 inches shall be equipped with clearance
reflectors located as follows:
(b)
One or both of the required rear red reflectors may be incorporated
within the tail lamp or tail lamps if any such tail lamps meet the
location limits specified for reflectors.
(c)
All such clearance reflectors shall be of a type approved by the
Department.
(5)
Side Marker Reflectors.
(a)
While being operated on a road every motor vehicle or motor-drawn
vehicle or combination of vehicles which exceeds 30 feet in overall
length shall be equipped with four side marker reflectors located
as follows:
(b)
Each side marker reflector required pursuant to subsection (5)(a)
of this section shall be located not more than 60 inches nor less
than 15 inches above the level on which the vehicle stands.
(c)
All such side marker reflectors shall be of a type approved by the
Department.
(6)
Any person who violates any provision of this section commits a traffic
infraction.
(7)
Nothing in this section shall be construed to supersede any federal
motor vehicle safety standard established pursuant to the “National
Traffic and Motor Vehicle Safety Act of 1966,” Public Law 89-563,
as amended.
(Ord. 4759, 9-6-17)
(1)
While being operated on a road every motor vehicle or motor-drawn
vehicle shall be equipped with a stop light in good working order
at all times and shall meet the requirements of § 42-4-215(1), C.R.S.
(2)
No person shall sell or offer for sale or operate on the highways
any motor vehicle registered in this State and manufactured or assembled
after January 1, 1958, unless it is equipped with at least two stop
lamps meeting the requirements of § 42-4-215(1), C.R.S.; except that a motorcycle manufactured or assembled after
said date shall be equipped with at least one stop lamp meeting the
requirements of § 42-4-215(1), C.R.S.
(3)
No person shall sell or offer for sale or operate on the highways
any motor vehicle, trailer, or semitrailer registered in this State
and manufactured or assembled after January 1, 1958, and no person
shall operate any motor vehicle, trailer, or semitrailer on the highways
when the distance from the center of the top of the steering post
to the left outside limit of the body, cab, or load of such motor
vehicle exceeds 24 inches, unless it is equipped with electrical turn
signals meeting the requirements of § 42-4-215(2), C.R.S. This subsection (3) shall not apply to any motorcycle or low-power scooter.
(4)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the time specified in GJMC § 10.04.204, a red light or lantern plainly visible from a distance of at least 500 feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time, there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. Any person who violates any provision of this section commits a traffic infraction.
(Ord. 4759, 9-6-17)
(1)
Whenever a vehicle is lawfully parked upon a highway during the hours
between sunset and sunrise and in the event there is sufficient light
to reveal any person or object within a distance of 1,000 feet upon
such highway, no lights need be displayed upon such parked vehicle.
(2)
Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between sunset and sunrise and there is not sufficient light to reveal any person or object within a distance of 1,000 feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more operating lamps meeting the following requirements: At least one lamp shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle, and the same lamp or at least one other lamp shall display a red light visible from a distance of 500 feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle that is closer to passing traffic. This subsection (2) shall not apply to a low-power scooter.
(3)
Any lighted head lamps upon a parked vehicle upon a road or shoulder
adjacent thereto shall be depressed or dimmed.
(4)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
While being operated on a road every farm tractor and every self-propelled farm equipment unit or implement of husbandry not equipped with an electric lighting system shall, at all times mentioned in GJMC § 10.04.204, be equipped with at least one lamp displaying a white light visible from a distance of not less than 500 feet to the front of such vehicle and shall also be equipped with at least one lamp displaying a red light visible from a distance of not less than 500 feet to the rear of such vehicle.
(2)
While being operated on a road every self-propelled unit of farm equipment not equipped with an electric lighting system shall, at all times mentioned in GJMC § 10.04.204, in addition to the lamps required in subsection (1) of this section, be equipped with two red reflectors visible from all distances within 600 feet to 100 feet to the rear when directly in front of lawful upper beams of head lamps.
(3)
Every combination of farm tractor and towed unit of farm equipment or implement of husbandry being operated on a road while not equipped with an electric lighting system shall, at all times mentioned in GJMC § 10.04.204, be equipped with the following lamps:
(a)
At least one lamp mounted to indicate as nearly as practicable to
the extreme left projection of said combination and displaying a white
light visible from a distance of not less than 500 feet to the front
of said combination;
(b)
Two lamps each displaying a red light visible when lighted from a
distance of not less than 500 feet to the rear of said combination
or, as an alternative, at least one lamp displaying a red light visible
from a distance of not less than 500 feet to the rear thereof and
two red reflectors visible from all distances within 600 feet to 100
feet to the rear thereof when illuminated by the upper beams of head
lamps.
(4)
Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry being operated on a road equipped with an electric lighting system shall, at all times mentioned in GJMC § 10.04.204, be equipped with two single-beam head lamps meeting the requirements of GJMC § 10.04.216 or 10.04.218, respectively, and at least one red lamp visible from a distance of not less than 500 feet to the rear; but every such self-propelled unit of farm equipment other than a farm tractor shall have two such red lamps or, as an alternative, one such red lamp and two red reflectors visible from all distances within 600 feet to 100 feet when directly in front of lawful upper beams of head lamps.
(5)
(a)
While being operated on a road every combination of farm tractor and towed farm equipment or towed implement of husbandry equipped with an electric lighting system shall, at all times mentioned in GJMC § 10.04.204, be equipped with lamps as follows:
(I)
The farm tractor element of every such combination shall be equipped
as required in subsection (4) of this section.
(II)
The towed unit of farm equipment or implement of husbandry element
of such combination shall be equipped with two red lamps visible from
a distance of not less than 500 feet to the rear or, as an alternative,
two red reflectors visible from all distances within 600 feet to the
rear when directly in front of lawful upper beams of head lamps.
(b)
Said combinations shall also be equipped with a lamp displaying a
white or amber light, or any shade of color between white and amber,
visible from a distance of not less than 500 feet to the front and
a lamp displaying a red light visible when lighted from a distance
of not less than 500 feet to the rear.
(6)
The lamps and reflectors required in this section shall be so positioned
as to show from front and rear as nearly as practicable the extreme
projection of the vehicle carrying them on the side of the roadway
used in passing such vehicle. If a farm tractor or a unit of farm
equipment, whether self-propelled or towed, is equipped with two or
more lamps or reflectors visible from the front or two or more lamps
or reflectors visible from the rear, such lamps or reflectors shall
be so positioned that the extreme projections, both to the right and
to the left of said vehicle, shall be indicated as nearly as practicable.
(7)
Every vehicle being operated on a road, including animal-drawn vehicles and vehicles referred to in GJMC § 10.04.202(2), not specifically required by the provisions of Title 42, Article 4, C.R.S., to be equipped with lamps or other lighting devices shall at all times specified in GJMC § 10.04.204 be equipped with at least one lamp displaying a white light visible from a distance of not less than 500 feet to the front of said vehicle and shall also be equipped with two lamps displaying red lights visible from a distance of not less than 500 feet to the rear of said vehicle or, as an alternative, one lamp displaying a red light visible from a distance of not less than 500 feet to the rear and two red reflectors visible for distances of 100 feet to 600 feet to the rear when illuminated by the upper beams of head lamps.
(8)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
While being operated on a road:
(1)
Any motor vehicle may be equipped with not more than two spot lamps,
and every lighted spot lamp shall be so aimed and used upon approaching
another vehicle that no part of the high-intensity portion of the
beam will be directed to the left of the prolongation of the extreme
left side of the vehicle nor more than 100 feet ahead of the vehicle.
(2)
Any motor vehicle may be equipped with not more than two fog lamps mounted on the front at a height of not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed that, when the vehicle is not loaded, none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of four inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the requirements of this subsection (2) may be used with lower head-lamp beams as specified in GJMC § 10.04.216(1)(b).
(3)
Any motor vehicle may be equipped with not more than two auxiliary passing lamps mounted on the front at a height of not less than 20 inches nor more than 42 inches above the level surface upon which the vehicle stands. The provisions of GJMC § 10.04.216 shall apply to any combination of head lamps and auxiliary passing lamps.
(4)
Any motor vehicle may be equipped with not more than two auxiliary driving lamps mounted on the front at a height of not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands. The provisions of GJMC § 10.04.216 shall apply to any combination of head lamps and auxiliary driving lamps.
(5)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
Except as otherwise provided in this section or in § 42-4-222, C.R.S., in the case of volunteer fire vehicles and volunteer ambulances, every authorized emergency vehicle being operated on the road shall, in addition to any other equipment and distinctive markings required by this chapter and Title 42, Article 4, C.R.S., be equipped as a minimum with a siren and a horn. Such devices shall be capable of emitting a sound audible under normal conditions from a distance of not less than 500 feet.
(2)
Every authorized emergency vehicle, except those used as undercover vehicles by governmental agencies, while being operated on a road shall, in addition to any other equipment and distinctive markings required by this chapter and Title 42, Article 4, C.R.S., be equipped with at least one signal lamp mounted as high as practicable, which shall be capable of displaying a flashing, oscillating, or rotating red light to the front and to the rear having sufficient intensity to be visible at 500 feet in normal sunlight. In addition to the required red light, flashing, oscillating, or rotating signal lights may be used which emit blue, white, or blue in combination with white.
(3)
A police vehicle, when used as an authorized emergency vehicle, may
but need not be equipped with the red lights specified in this section.
(4)
Any use of a green light by a vehicle being operated other than as
authorized by § 42-4-213,
C.R.S., shall constitute a violation of this section.
(5)
The use of either the audible or the visual signal equipment described in this section shall impose upon drivers of other vehicles the obligation to yield right-of-way and stop as prescribed in GJMC § 10.04.705.
(6)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
Except as otherwise provided in this section, every authorized service vehicle while being operated on a road shall, in addition to any other equipment required by this chapter and Title 42, Article 4, C.R.S., be equipped with one or more warning lamps mounted as high as practicable, which shall be capable of displaying in all directions one or more flashing, oscillating, or rotating yellow lights. Only yellow and no other color or combination of colors shall be used as a warning lamp on an authorized service vehicle; except that an authorized service vehicle snowplow operated by a general purpose government may also be equipped with and use no more than two flashing, oscillating, or rotating blue lights as warning lamps. Lighted directional signs used by police and highway departments to direct traffic need not be visible except to the front and rear. Such lights shall have sufficient intensity to be visible at 500 feet in normal sunlight.
(2)
The warning lamps authorized in this section shall be activated by
the operator of an authorized service vehicle only when the vehicle
is operating upon the roadway so as to create a hazard to other traffic.
The use of such lamps shall not relieve the operator from the duty
of using due care for the safety of others or from the obligation
of using any other safety equipment or protective devices that are
required by this chapter.
(3)
Whenever an authorized service vehicle is performing its service function and is displaying lights as authorized in this section, drivers of all other vehicles shall exercise more than ordinary care and caution in approaching, overtaking, or passing such service vehicle and, in the case of highway and traffic maintenance equipment engaged in work upon the highway, shall comply with the instructions of GJMC § 10.04.712.
(4)
Only authorized service vehicles shall be equipped with the warning lights authorized in subsection (1) of this section if operating on a road or parked on a road or the shoulder adjacent thereto.
(5)
Reserved.
(6)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
When operated on a road, any motor vehicle may be equipped, and when
required under the State statutes must be equipped, with a stop lamp
or lamps on the rear of the vehicle that, except as provided in § 42-12-204, C.R.S., display a red or amber light, or any shade of color between
red and amber, visible from a distance of not less than 100 feet to
the rear in normal sunlight, that are actuated upon application of
the service (foot) brake, and that may but need not be incorporated
with one or more other rear lamps. Such stop lamp or lamps may also
be automatically actuated by a mechanical device when the vehicle
is reducing speed or stopping.
(2)
The lamps showing to the front on any motor vehicle when in use must
display a white or amber light, or any shade of color between white
and amber, visible from a distance of not less than 100 feet to the
front in normal sunlight, and the lamps showing to the rear, except
as provided in § 42-12-204, C.R.S., when in use must display a red or amber light, or any shade
of color between red and amber, visible from a distance of not less
than 100 feet to the rear in normal sunlight. When actuated, the lamps
must indicate the intended direction of turning by flashing the light
showing to the front and rear on the side toward which the turn is
made.
(3)
No stop lamp or signal lamp shall project a glaring or dazzling light
while a vehicle is being operated.
(4)
Any motor vehicle may be equipped with not more than two side cowl
or fender lamps which shall emit an amber or white light without glare
while being operated.
(5)
Any motor vehicle may be equipped with not more than one runningboard
courtesy lamp on each side thereof, which shall emit a white or amber
light without glare while the vehicle is being operated.
(6)
No back-up lamp shall be lighted when a motor vehicle is in forward
motion.
(7)
Any vehicle may be equipped with lamps that may be used for the purpose
of warning the operators of other vehicles of the presence of a vehicular
traffic hazard requiring the exercise of unusual care in approaching,
overtaking, or passing and, when so equipped and when the vehicle
is not in motion or is being operated at a speed of 25 miles per hour
or less and at no other time, may display such warning in addition
to any other warning signals required by this chapter. These warning
lights must be visible from a distance of not less than 500 feet under
normal atmospheric conditions at night.
(8)
Any vehicle 80 inches or more in overall width may be equipped with
not more than three identification lamps showing to the front which
shall emit an amber light without glare and not more than three identification
lamps showing to the rear which shall emit a red light without glare.
Such lamps shall be mounted horizontally.
(9)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
Except as provided in this chapter, the head lamps or the auxiliary
driving lamp or the auxiliary passing lamp or combination thereof
on motor vehicles being operated on the road, other than motorcycles
or low-power scooters, shall be so arranged that the driver may select
at will between distributions of light projected to different elevations,
and such lamps may, in addition, be so arranged that such selection
can be made automatically, subject to the following limitations:
(a)
There shall be an uppermost distribution of light or composite beam
so aimed and of such intensity as to reveal persons and vehicles at
a distance of at least 350 feet ahead for all conditions of loading.
(b)
There shall be a lowermost distribution of light or composite beam
so aimed and of sufficient intensity to reveal persons and vehicles
at a distance of at least 100 feet ahead; and on a straight level
road under any condition of loading, none of the high-intensity portion
of the beam shall be directed to strike the eyes of an approaching
driver.
(1.5)
Head lamps arranged to provide a single distribution of light not supplemented by auxiliary driving lamps shall be permitted for low-speed electric vehicles operating on a road in lieu of multiple-beam, road-lighting equipment specified in this section if the single distribution of light complies with subsection (1)(b) of this section.
(2)
A new motor vehicle, other than a motorcycle or low-power scooter,
that has multiple-beam road-lighting equipment, while operating on
a road shall be equipped with a beam indicator, which shall be lighted
whenever the uppermost distribution of light from the head lamps is
in use and shall not otherwise be lighted. Said indicator shall be
so designed and located that when lighted it will be readily visible
without glare to the driver of the vehicle so equipped.
(3)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in GJMC § 10.04.204, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:
(a)
Whenever a driver of a vehicle approaches an oncoming vehicle within
500 feet, such driver shall use a distribution of light or composite
beam so aimed that the glaring rays are not projected into the eyes
of the oncoming driver. The lowermost distribution of light or composite
beam specified in § 42-4-216(1)(b), C.R.S, shall be deemed to avoid glare at all times, regardless
of road contour and loading.
(b)
Whenever the driver of a vehicle follows another vehicle within 200
feet to the rear, except when engaged in the act of overtaking and
passing, such driver shall use a distribution of light permissible
under this chapter other than the uppermost distribution of light
specified in § 42-4-216(1)(a), C.R.S.
(2)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
Head lamps arranged to provide a single distribution of light not supplemented by auxiliary driving lamps shall be permitted on motor vehicles manufactured and sold prior to July 15, 1936, while operating on a road, in lieu of multiple-beam road-lighting equipment specified in GJMC § 10.04.216 if the single distribution of light complies with the following requirements and limitations:
(a)
The head lamps shall be so aimed that when the vehicle is not loaded
none of the high-intensity portion of the light shall, at a distance
of 25 feet ahead, project higher than a level of five inches below
the level of the center of the lamp from which it comes and in no
case higher than 42 inches above the level on which the vehicle stands
at a distance of 75 feet ahead.
(b)
The intensity shall be sufficient to reveal persons and vehicles
at a distance of at least 200 feet.
(2)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
Whenever a motor vehicle equipped with head lamps as required
in this chapter is also equipped with any auxiliary lamps or a spot
lamp or any other lamp on the front thereof projecting a beam of an
intensity greater than 300 candlepower, not more than a total of four
of any such lamps on the front of a vehicle shall be lighted at any
one time when operating the vehicle upon a highway. Any person who
violates any provision of this section commits a traffic infraction.
(Ord. 4759, 9-6-17)
(1)
(a)
A low-power scooter when in use at the times specified in GJMC § 10.04.204 shall be equipped with a lamp on the front that shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear, of a type approved by the Department, that shall be visible from all distances from 50 feet to 300 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.
(b)
No person shall operate a low-power scooter unless it is equipped
with a bell or other device capable of giving a signal audible for
a distance of at least 100 feet; except that a low-power scooter shall
not be equipped with nor shall any person use upon a low-power scooter
a siren or whistle.
(c)
A low-power scooter shall be equipped with a brake that will enable
the operator while in operation to make the braked wheels skid on
dry, level, clean pavement.
(2)
Reserved.
(3)
(a)
Any lighted lamp or illuminating device upon a motor vehicle being
operated on a road, other than head lamps, spot lamps, auxiliary lamps,
flashing turn signals, emergency vehicle warning lamps, and school
bus warning lamps, which projects a beam of light of an intensity
greater than 300 candlepower shall be so directed that no part of
the high-intensity portion of the beam will strike the level of the
roadway on which the vehicle stands at a distance of more than 75
feet from the vehicle.
(b)
Reserved.
(c)
This subsection (3) shall not be construed to prohibit the use on
any vehicle of simultaneously flashing hazard warning lights as provided
by § 42-4-215(7), C.R.S.
(4)
No person shall have for sale, sell, or offer for sale, for use upon
or as a part of the equipment of a motor vehicle, trailer, or semitrailer
or for use upon any such vehicle, any head lamp, auxiliary or fog
lamp, rear lamp, signal lamp, or reflector, which reflector is required
under this chapter or parts of any of the foregoing which tend to
change the original design or performance thereof, unless of a type
which has been approved by the State Department of Transportation.
(5)
No person shall have for sale, sell, or offer for sale, for use upon
or as a part of the equipment of a motor vehicle, trailer, or semitrailer,
any lamp or device mentioned in this section which has been approved
by the State Department of Transportation unless such lamp or device
bears thereon the trademark or name under which it is approved so
as to be legible when installed.
(6)
No person shall use upon any motor vehicle, trailer, or semitrailer
any lamps mentioned in this section unless said lamps are mounted,
adjusted, and aimed in accordance with instructions of the State Department
of Transportation.
(7)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
No other provision of GJMC § 10.04.201 through 10.04.237 shall apply to a bicycle, electrical assisted bicycle, electric scooter, or EPAMD or to equipment for use on a bicycle, electrical assisted bicycle, electric scooter, or EPAMD except those provisions in this chapter made specifically applicable to such a vehicle.
(2)
Every bicycle, electrical assisted bicycle, electric scooter, or EPAMD in use at the times described in GJMC § 10.04.204 shall be equipped with a lamp on the front emitting a white light visible from a distance of at least 500 feet to the front.
(3)
While being operated every bicycle, electrical assisted bicycle,
electric scooter, or EPAMD shall be equipped with a red reflector
of a type approved by the Department, which shall be visible for 600
feet to the rear when directly in front of lawful lower beams of head
lamps on a motor vehicle.
(4)
Every bicycle, electrical assisted bicycle, electric scooter, or EPAMD when in use at the times described in GJMC § 10.04.204 shall be equipped with reflective material of sufficient size and reflectivity to be visible from both sides for 600 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 500 feet.
(6)
A bicycle, electric scooter, or electrical assisted bicycle shall
not be equipped with while in use, nor shall any person use upon a
bicycle, electric scooter, or electrical assisted bicycle, any siren
or whistle.
(7)
Every bicycle, electrical assisted bicycle, or electric scooter while
in use shall be equipped with a brake or brakes that will enable its
rider to stop the bicycle, electrical assisted bicycle, or electric
scooter within 25 feet from a speed of 10 miles per hour on dry, level,
clean pavement.
(8)
A person engaged in the business of selling bicycles, electrical
assisted bicycles, or electric scooters at retail shall not sell any
bicycle, electrical assisted bicycle, or electric scooter unless the
bicycle, electrical assisted bicycle, or electric scooter has an identifying
number permanently stamped or cast on its frame.
(9)
(a)
Every manufacturer or distributor of new electrical assisted bicycles
or electric scooters intended for sale or distribution in this State
shall permanently affix to each electrical assisted bicycle or electric
scooter, in a prominent location, a label that contains the classification
number, top assisted speed, and motor wattage of the electrical assisted
bicycle. The label must be printed in Arial font in at least nine-point
type.
(b)
A person shall not knowingly modify an electrical assisted bicycle
or electric scooter so as to change the speed capability or motor
engagement of the electrical assisted bicycle without also appropriately
replacing, or causing to be replaced, the label indicating the classification
required by subsection (9)(a) of this section.
(10)
(b)
A class 2 electrical assisted bicycle while in use must operate in
a manner so that the electric motor is disengaged or ceases to function
when the brakes are applied. While being operated class 1 and class
3 electrical assisted bicycles must be equipped with a mechanism or
circuit that cannot be bypassed and that causes the electric motor
to disengage or cease to function when the rider stops pedaling.
(c)
While being operated a class 3 electrical assisted bicycle must be
equipped with a speedometer that displays, in miles per hour, the
speed the electrical assisted bicycle is traveling.
(11)
A person who violates this section commits a traffic infraction.
(Ord. 5084, 7-20-22; Ord. 4759, 9-6-17)
(1)
(a)
All members of volunteer fire departments regularly attached to the
fire departments organized within incorporated towns, counties, cities,
and fire protection districts and all members of a volunteer ambulance
service regularly attached to a volunteer ambulance service within
an area that the ambulance service would be reasonably expected to
serve may while operating on a road or parked on a road or the shoulder
adjacent thereto have their private automobiles equipped with a signal
lamp or a combination of signal lamps capable of displaying flashing,
oscillating, or rotating red lights visible to the front and rear
at 500 feet in normal sunlight. In addition to the red light, flashing,
oscillating, or rotating signal lights may be used that emit white
or white in combination with red lights. At least one of such signal
lamps or combination of signal lamps shall be mounted on the top of
the automobile. Said automobiles may be equipped with audible signal
systems such as sirens, whistles, or bells. Said lights, together
with any signal systems authorized by this subsection (1), may be
used only as authorized by subsection (3) of this section or when
a member of a fire department is responding to or attending a fire
alarm or other emergency or when a member of an ambulance service
is responding to an emergency requiring the member’s services.
Except as authorized in subsection (3) of this section, neither such
lights nor such signals shall be used for any other purpose than those
set forth in this subsection (1). If used for any other purpose, such
use shall constitute a violation of this subsection (1), and the violator
commits a traffic infraction.
(b)
Notwithstanding the provisions of subsection (1)(a) of this section,
a member of a volunteer fire department or a volunteer ambulance service
may equip his or her private automobile with the equipment described
in subsection (1)(a) of this section only after receiving a permit
for the equipment from the Fire Chief of the Fire Department or chief
executive officer of the ambulance service through which the volunteer
serves.
(2)
Reserved.
(3)
A fire engine collector or member of a fire department may use the signal system authorized by subsection (1) of this section in a funeral, parade, or for other special purposes if the circumstances would not lead a reasonable person to believe that such vehicle is responding to an actual emergency.
(Ord. 4759, 9-6-17)
(1)
Brake Equipment Required.
(a)
Every motor vehicle, other than a motorcycle, when operated upon
a highway shall be equipped with brakes adequate to control the movement
of and to stop and hold such vehicle, including two separate means
of applying the brakes, each of which means shall be effective to
apply the brakes to at least two wheels. If these two separate means
of applying the brakes are connected in any way, they shall be so
constructed that failure of any one part of the operating mechanism
shall not leave the motor vehicle without brakes on at least two wheels.
(b)
Every motorcycle and low-power scooter, when operated upon a highway,
shall be equipped with at least one brake, which may be operated by
hand or foot.
(c)
Every trailer or semitrailer of a gross weight of 3,000 pounds or more, when operated upon a highway, shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from the cab, and said brakes shall be so designed and connected that in case of an accidental breakaway of the towed vehicle the brakes shall be automatically applied. The provisions of this subsection (1)(c) shall not be applicable to any trailer which does not meet the definition of “commercial vehicle” as that term is defined in GJMC § 10.04.235(1)(a) and which is owned by a farmer when transporting agricultural products produced on the owner’s farm or supplies back to the farm of the owner of the trailer, tank trailers not exceeding 10,000 pounds gross weight used solely for transporting liquid fertilizer or gaseous fertilizer under pressure, or distributor trailers not exceeding 10,000 pounds gross weight used solely for transporting and distributing dry fertilizer when hauled by a truck capable of stopping within the distance specified in subsection (2) of this section.
(d)
Every motor vehicle, trailer, or semitrailer constructed or sold
in this State or operated upon the highways shall be equipped with
service brakes upon all wheels of every such vehicle; except that:
(I)
Any trailer or semitrailer of less than 3,000 pounds gross weight, or any horse trailer of a capacity of two horses or less, or any trailer which does not meet the definition of “commercial vehicle” as that term is defined in GJMC § 10.04.235(1)(a) and which is owned by a farmer when transporting agricultural products produced on the owner’s farm or supplies back to the farm of the owner of the trailer, or tank trailers not exceeding 10,000 pounds gross weight used solely for transporting liquid fertilizer or gaseous fertilizer under pressure, or distributor trailers not exceeding 10,000 pounds gross weight used solely for transporting and distributing dry fertilizer when hauled by a truck capable of stopping with loaded trailer attached in the distance specified by subsection (2) of this section need not be equipped with brakes, and any two-wheel motor vehicle need have brakes on only one wheel.
(II)
Any truck or truck tractor, manufactured before July 25, 1980,
and having three or more axles, need not have brakes on the wheels
of the front or tandem steering axles if the brakes on the other wheels
meet the performance requirements of subsection (2) of this section.
(III)
Every trailer or semitrailer of 3,000 pounds or more gross weight
must have brakes on all wheels.
(e)
Provisions of this subsection (1) shall not apply to manufactured
homes.
(2)
Performance Ability of Brakes.
(a)
The service brakes upon any motor vehicle or combination of vehicles
shall be adequate to stop such vehicle when traveling 20 miles per
hour within a distance of 40 feet when upon dry asphalt or concrete
pavement surface free from loose material where the grade does not
exceed one percent.
(b)
Under the conditions stated in subsection (2)(a) of this section,
the hand brakes shall be adequate to stop such vehicle within a distance
of 55 feet, and said hand brake shall be adequate to hold such vehicle
stationary on any grade upon which operated.
(c)
Under the conditions stated in subsection (2)(a) of this section,
the service brakes upon a motor vehicle equipped with two-wheel brakes
only, when permitted under this section, shall be adequate to stop
the vehicle within a distance of 55 feet.
(d)
All braking distances specified in this section shall apply to all
vehicles mentioned, whether such vehicles are not loaded or are loaded
to the maximum capacity permitted under this title.
(e)
All brakes shall be maintained in good working order and shall be
so adjusted as to operate as equally as possible with respect to the
wheels on opposite sides of the vehicle.
(3)
Engine Retarding Brake.
(a)
It shall be unlawful on any public street or highway for the driver
of any vehicle to use or operate or cause to be used or operated within
the City any engine retarding brake, compression brake or mechanical
exhaust device designed to aid in the braking or deceleration of any
vehicle unless such use is necessary to avoid immediate physical harm
to persons or property.
(b)
Signage.
The City shall erect signs at such intervals
and locations as deemed appropriate by the City Manager, which signs
shall state “ENGINE RETARDING BRAKE ORDINANCE ENFORCED”
to advise drivers of the prohibitions established by this section.
No sign stating “ENGINE RETARDING BRAKE ORDINANCE ENFORCED”
shall be installed on a State highway without the approval from the
Colorado Department of Transportation.
(c)
Exceptions.
Emergency vehicles shall be exempt from
the application of the prohibition on use of an engine retarding brake.
(4)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 5075, 6-1-22; Ord. 4759, 9-6-17)
(1)
Every motor vehicle, when operated upon a highway, shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound, except as provided in GJMC § 10.04.213(1) in the case of authorized emergency vehicles or as provided in GJMC § 10.04.222. The driver of a motor vehicle, when reasonably necessary to ensure safe operation, shall give audible warning with the horn but shall not otherwise use such horn when upon a highway.
(2)
No vehicle while being operated shall be equipped with nor shall any person use upon a vehicle any audible device except as otherwise permitted in this section. It is permissible but not required that any vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as a warning signal unless the alarm device is a required part of the vehicle. Nothing in this section is meant to preclude the use of audible warning devices that are activated when the vehicle is backing. Any authorized emergency vehicle may be equipped with an audible signal device under GJMC § 10.04.213(1), but such device shall not be used except when such vehicle is operated in response to an emergency call or in the actual pursuit of a suspected violator of the law or for other special purposes, including, but not limited to, funerals, parades, and the escorting of dignitaries. Such device shall not be used for such special purposes unless the circumstances would not lead a reasonable person to believe that such vehicle is responding to an actual emergency.
(3)
While in use no bicycle, electrical assisted bicycle, electric scooter,
or low-power scooter shall be equipped with nor shall any person use
upon such vehicle a siren or whistle.
(4)
Snowplows and other snow-removal equipment shall display flashing yellow lights meeting the requirements of GJMC § 10.04.214 as a warning to drivers when such equipment is in service on the highway.
(5)
(a)
When any snowplow or other snow-removal equipment displaying flashing
yellow lights is engaged in snow and ice removal or control, drivers
of all other vehicles shall exercise more than ordinary care and caution
in approaching, overtaking, or passing such snowplow.
(b)
The driver of a snowplow, while engaged in the removal or control of snow and ice on any highway open to traffic and while displaying the required flashing yellow warning lights as provided by GJMC § 10.04.214, shall not be charged with any violation of the provisions of this chapter relating to parking or standing, turning, backing, or yielding the right-of-way. These exemptions shall not relieve the driver of a snowplow from the duty to drive with due regard for the safety of all persons, nor shall these exemptions protect the driver of a snowplow from the consequences of a reckless or careless disregard for the safety of others.
(6)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 5084, 7-20-22; Ord. 4759, 9-6-17)
(1)
Every motor vehicle subject to registration and operated on a highway
shall at all times be equipped with an adequate muffler in constant
operation and properly maintained to prevent any excessive or unusual
noise, and no such muffler or exhaust system shall be 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 the muffler originally installed on the vehicle, and such original
muffler shall comply with all of the requirements of this section.
(1.5)
Any commercial vehicle, as defined in GJMC § 10.04.235(1)(a), subject to registration and operated on a highway, that is equipped with an engine compression brake device is required to have a muffler.
(2)
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.
(3)
Any person who violates subsection (1) of this section commits a traffic infraction. Any person who violates subsection (1.5) of this section shall, upon conviction, be punished by a fine of $500.00.
(4)
This section shall not apply to electric motor vehicles.
(Ord. 4759, 9-6-17)
(1)
Every motor vehicle while being operated shall be equipped with a
mirror or mirrors so located and so constructed as to reflect to the
driver a free and unobstructed view of the highway for a distance
of at least 200 feet to the rear of such vehicle.
(2)
Whenever any motor vehicle is not equipped while being operated with a rear window and rear side windows or has a rear window and rear side windows composed of, covered by, or treated with any material or component that, when viewed from the position of the driver, obstructs the rear view of the driver or makes such window or windows nontransparent, or whenever any motor vehicle is towing another vehicle or trailer or carrying any load or cargo or object that obstructs the rear view of the driver, such vehicle shall be equipped with an exterior mirror on each side so located with respect to the position of the driver as to comply with the visual requirement of subsection (1) of this section.
(3)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
(a)
(I)
Except as otherwise provided in this subsection (1)(a), no person
shall operate a motor vehicle registered in Colorado on which any
window, except the windshield, is composed of, covered by, or treated
with any material or component that presents an opaque, nontransparent,
or metallic or mirrored appearance in such a way that it allows less
than 27 percent light transmittance. The windshield shall allow at
least 70 percent light transmittance.
(II)
Notwithstanding subsection (1)(a)(I) of this section, the windows
to the rear of the driver, including the rear window, may allow less
than 27 percent light transmittance if the front side windows and
the windshield on such vehicles allow at least 70 percent light transmittance.
(III)
A law enforcement vehicle may have its windows, except the windshield,
treated in such a manner so as to allow less than 27 percent light
transmittance only for the purpose of providing a valid law enforcement
service. A law enforcement vehicle with such window treatment shall
not be used for any traffic law enforcement operations, including
operations concerning any offense in this chapter. For purposes of
this subsection (1)(a)(III), “law enforcement vehicle”
means a vehicle owned or leased by a State or local law enforcement
agency. The treatment of the windshield of a law enforcement vehicle
is subject to the limits described in section (1)(b) of this section.
(b)
Notwithstanding any provision of subsection (1)(a) of this section,
nontransparent material may be applied, installed, or affixed to the
topmost portion of the windshield subject to the following:
(I)
The bottom edge of the material extends no more than four inches
measured from the top of the windshield down;
(II)
The material is not red or amber in color, nor does it affect
perception of primary colors or otherwise distort vision or contain
lettering that distorts or obstructs vision;
(III)
The material does not reflect sunlight or headlight glare into
the eyes of occupants of oncoming or preceding vehicles to any greater
extent than the windshield without the material.
(c)
Nothing in this subsection (1) shall be construed to prevent the
use of any window which is composed of, covered by, or treated with
any material or component in a manner approved by federal statute
or regulation if such window was included as a component part of a
vehicle at the time of the vehicle manufacture, or the replacement
of any such window by such covering which meets such guidelines.
(d)
Reserved.
(e)
Nothing in this subsection (1) shall be construed to deny or prevent
the use of certificates or other papers which do not obstruct the
view of the driver and which may be required by law to be displayed.
(2)
While being operated, the windshield on every motor vehicle shall
be equipped with a device for cleaning rain, snow, or other moisture
from the windshield, which device shall be so constructed as to be
controlled or operated by the driver of the vehicle.
(3)
(a)
Except as provided in subsection (3)(b) of this section, any person
who violates any provision of this section commits a traffic infraction.
(b)
Any person who installs, covers, or treats a windshield or window
so that the windshield or window does not meet the requirements of
subsection (1)(a) of this section is guilty of a misdemeanor and shall
be punished by a fine of not less than $500.00 nor more than $1,000.
(Ord. 4759, 9-6-17)
(1)
Every solid rubber tire on a vehicle shall have rubber on its entire
traction surface at least one inch thick above the edge of the flange
of the entire periphery while operated on the highway.
(2)
No person shall operate or move on any highway any motor vehicle,
trailer, or semitrailer having any metal tire in contact with the
roadway, and it is unlawful to operate upon the highways within the
City limits any motor vehicle, trailer, or semitrailer equipped with
solid rubber tires.
(3)
No tire on a vehicle moved on a highway shall have on its periphery
any block, stud, flange, cleat, or spike or any other protuberances
of any material other than rubber which projects beyond the tread
on the traction surface of the tire; except that, on single-tired
passenger vehicles and on other single-tired vehicles with rated capacities
up to and including three-fourths ton, it shall be permissible to
use tires containing studs or other protuberances which do not project
more than one-sixteenth of an inch beyond the tread of the traction
surface of the tire; and except that it shall be permissible to use
farm machinery with tires having protuberances which will not injure
the highway; and except also that it shall be permissible to use tire
chains of reasonable proportions upon any vehicle when required for
safety because of snow, ice, or other conditions tending to cause
a vehicle to skid.
(4)
Reserved.
(5)
(a)
No person shall drive or move a motor vehicle on any highway unless
such vehicle is equipped with tires in safe operating condition in
accordance with this subsection (5) and any supplemental rules and
regulations promulgated by the Executive Director of the State Department
of Transportation.
(b)
Reserved.
(c)
A tire shall be considered unsafe if it has:
(I)
Any bump, bulge, or knot affecting the tire structure;
(II)
A break which exposes a tire body cord or is repaired with a
boot or patch;
(III)
A tread depth of less than two thirty-seconds of an inch measured in any two tread grooves at three locations equally spaced around the circumference of the tire, or, on those tires with tread wear indicators, a tire shall be considered unsafe if it is worn to the point that the tread wear indicators contact the road in any two-tread grooves at three locations equally spaced around the circumference of the tire; except that this subsection (5)(c)(III) shall not apply to tires on a commercial vehicle as such term is defined in GJMC § 10.04.235(1)(a); or
(IV)
Such other conditions as may be reasonably demonstrated to render
it unsafe.
(6)
No passenger car tire shall be used on any motor vehicle which is
driven or moved on any highway if such tire was designed or manufactured
for nonhighway use.
(Ord. 4759, 9-6-17)
(1)
No person shall sell any new motor vehicle, unless such vehicle is
equipped with safety glazing material of a type approved by the State
Department of Transportation for any required front windshield and
wherever glazing material is used in doors and windows of said motor
vehicle. This section shall apply to all passenger-type motor vehicles,
including passenger buses and school vehicles, but, in respect to
camper coaches and trucks, including truck tractors, the requirements
as to safety glazing material shall apply only to all glazing material
used in required front windshields and that used in doors and windows
in the drivers’ compartments and such other compartments as
are lawfully occupied by passengers in said vehicles.
(2)
The term “safety glazing materials” means such glazing
materials as will reduce substantially, in comparison with ordinary
sheet glass or plate glass, the likelihood of injury to persons by
objects from exterior sources or by these safety glazing materials
when they may be cracked or broken.
(3)
Reserved.
(4)
A person shall not operate a motor vehicle on a highway unless the vehicle is equipped with a front windshield as provided in this section, except as provided in GJMC § 10.04.232(1) and except for motor vehicles registered as collector’s items under § 42-12-301 or 42-12-302, C.R.S.
(5)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
No motor vehicle carrying a truck license and weighing 6,000 pounds
or more and no passenger bus shall be operated over the highways within
the City limits at any time without carrying in an accessible place
inside or on the outside of the vehicle three bidirectional emergency
reflective triangles of a type approved by the State Department of
Transportation, but the use of such equipment is not required where
there are street lights within not more than 100 feet.
(2)
Whenever a motor vehicle referred to in subsection (1) of this section is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the bidirectional emergency reflective triangles as directed in subsection (3) of this section.
(3)
Except as provided in subsection (2) of this section, whenever a motor vehicle referred to in subsection (1) of this section is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within 10 minutes, place the bidirectional emergency reflective triangles in the following manner:
(a)
One at the traffic side of the stopped vehicle, within 10 feet of
the front or rear of the vehicle;
(b)
One at a distance of approximately 100 feet from the stopped vehicle
in the center of the traffic lane or shoulder occupied by the vehicle
and in the direction toward traffic approaching in that lane; and
(c)
One at a distance of approximately 100 feet from the stopped vehicle
in the opposite direction from those placed in accordance with subsections
(3)(a) and (b) of this section in the center of the traffic lane or
shoulder occupied by the vehicle; or
(d)
If the vehicle is stopped within 500 feet of a curve, crest of a
hill, or other obstruction to view, the driver shall place the emergency
equipment required by this subsection (3) in the direction of the
obstruction to view at a distance of 100 feet to 500 feet from the
stopped vehicle so as to afford ample warning to other users of the
highway; or
(e)
If the vehicle is stopped upon the traveled portion or the shoulder
of a divided or one-way highway, the driver shall place the emergency
equipment required by this subsection (3), one at a distance of 200
feet and one at a distance of 100 feet in a direction toward approaching
traffic in the center of the lane or shoulder occupied by the vehicle,
and one at the traffic side of the vehicle within 10 feet of the rear
of the vehicle.
(4)
No motor vehicle operating as a tow truck, as defined in § 40-10.1-101(21), C.R.S., at the scene of an accident shall move or attempt to move
any wrecked vehicle without first complying with those sections of
the law concerning emergency lighting.
(5)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
When lighted lamps are required by GJMC § 10.04.204 no vehicle shall be driven upon a highway with the parking lights lighted except when the lights are being used as signal lamps and except when the head lamps are lighted at the same time. Parking lights are those lights permitted by GJMC § 10.04.215 and any other lights mounted on the front of the vehicle, designed to be displayed primarily when the vehicle is parked. Any person who violates any provision of this section commits a traffic infraction.
(Ord. 4759, 9-6-17)
(1)
(a)
Except as provided in subsection (1)(b) of this section, a person
shall not drive a motorcycle or low-power scooter on a public highway
unless the person and any passenger thereon is wearing goggles or
eyeglasses with lenses made of safety glass or plastic; except that
this subsection (1) does not apply to a person wearing a helmet containing
eye protection made of safety glass or plastic.
(2)
The specification for the design of goggles and eyeglasses shall
be as set by the State Department of Transportation.
(3)
Any motorcycle carrying a passenger, other than in a sidecar or enclosed
cab, shall be equipped with footrests for such passengers.
(4)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 4759, 9-6-17)
(1)
No person shall operate a motor vehicle of a type required to be
registered under the laws of this State upon a public highway with
either the rear or front suspension system altered or changed from
the manufacturer’s original design except in accordance with
specifications permitting such alteration established by the State
Department of Transportation. Nothing contained in this section shall
prevent the installation of manufactured heavy duty equipment to include
shock absorbers and overload springs, nor shall anything contained
in this section prevent a person from operating a motor vehicle on
a public highway with normal wear of the suspension system if normal
wear shall not affect the control of the vehicle.
(2)
This section shall not apply to motor vehicles designed or modified
primarily for off-highway racing purposes, and such motor vehicles
may be lawfully towed on the highways of this State.
(3)
Any person who violates any provision of this section commits a misdemeanor.
(Ord. 4759, 9-6-17)
(1)
(a)
All machinery, equipment, and vehicles, except bicycles, electrical
assisted bicycles, electric scooters, and other human-powered vehicles,
designed to operate or normally operated at a speed of less than 25
miles per hour while operated on a public highway, shall display a
triangular slow-moving vehicle emblem on the rear.
(b)
Low-speed electrical vehicles while operated shall display on the
rear of the vehicle a triangular slow-moving emblem designed as specified
by the State Department of Transportation.
(c)
Bicycles, electrical assisted bicycles, electric scooters, and other
human-powered vehicles shall be permitted but not required to display
the emblem specified in this subsection (1).
(2)
Reserved.
(3)
The use of the emblem required under this section shall be restricted to the use specified in subsection (1) of this section, and its use on any other type of vehicle or stationary object shall be prohibited.
(4)
Any person who violates any provision of this section commits a traffic
infraction.
(Ord. 5084, 7-20-22; Ord. 4759, 9-6-17)
(1)
“Commercial vehicle”
(a)
(I)
(II)
(III)
(b)
(c)
“Motor carrier”
As used in this section, unless the context otherwise requires:
means:
A self-propelled or towed vehicle:
Bearing an apportioned plate;
Having a manufacturer’s gross vehicle weight rating or
gross combination rating of at least 16,001 pounds and used in commerce
on public highways; or
Having a manufacturer’s gross vehicle weight rating or
gross combination rating of at least 16,001 pounds and used to transport
16 or more passengers, including the driver, unless the vehicle is
a school bus regulated in accordance with § 42-4-1904, C.R.S., or a vehicle that does not have a gross vehicle weight
rating of 26,001 or more pounds and that is owned or operated by a
school district so long as the school district does not receive remuneration,
other than reimbursement of the school district’s costs, for
the use of the vehicle;
Any motor vehicle designed or equipped to transport other motor
vehicles from place to place by means of winches, cables, pulleys,
or other equipment for towing, pulling, or lifting, when such motor
vehicle is used in commerce on the public highways of this State;
and
means every person, lessee, receiver, or trustee appointed by any court whatsoever owning, controlling, operating, or managing any commercial vehicle as defined in subsection (1)(a) of this section.
(2)
Reserved.
(Ord. 4759, 9-6-17)
(1)
“Child care center”
“Child restraint system”
“Motor vehicle”
“Safety belt”
“Seating position”
As used in this section, unless the context otherwise requires:
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 § 49 CFR 571.213, as amended.
means a passenger car; a pickup truck; or a van, minivan,
or sport utility vehicle with a gross vehicle weight rating of less
than 10,000 pounds. “Motor vehicle” does not include motorcycles
that are not autocycles, low-power scooters, motorscooters, motorbicycles,
motorized bicycles, and farm tractors and implements of husbandry
designed primarily or exclusively for use in agricultural operations.
means a lap belt, a shoulder belt, or any other belt or combination
of belts installed in a motor vehicle to restrain drivers and passengers,
except any such belt 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. Proper use of a safety belt means the shoulder belt, if present,
crosses the shoulder and chest and the lap belt crosses the hips,
touching the thighs.
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)
(I)
Unless exempted pursuant to subsection (3) of this section and except
as otherwise provided in subsections (2)(a)(II) and (III) of this
section, every child who is under eight years of age and who is being
transported in this State in a motor vehicle or in a vehicle operated
by a child care center, shall be properly restrained in a child restraint
system, according to the manufacturer’s instructions.
(II)
If the child is less than one year of age and weighs less than
20 pounds, the child shall be properly restrained in a rear-facing
child restraint system in a rear seat of the vehicle.
(III)
If the child is one year of age or older, but less than four
years of age, and weighs less than 40 pounds, but at least 20 pounds,
the child shall be properly restrained in a rear-facing or forward-facing
child restraint system.
(b)
Unless excepted pursuant to subsection (3) of this section, every
child who is at least eight years of age but less than 16 years of
age who is being transported in this State in a motor vehicle or in
a vehicle operated by a child care center, shall be properly restrained
in a safety belt or child restraint system according to the manufacturer’s
instructions.
(c)
If a parent is in the motor vehicle, it is the responsibility of
the parent to ensure that his or her child or children are provided
with and that they properly use a child restraint system or safety
belt system. If a parent is not in the motor vehicle, it is the responsibility
of the driver transporting a child or 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 § 42-2-105.5(4), C.R.S., subsection (2) of this section does not apply to a child who:
(a)
Reserved.
(b)
Is less than eight years of age and is being transported in a motor
vehicle as a result of a medical or other life-threatening emergency
and a child restraint system is not available;
(c)
Is being transported in a commercial motor vehicle, as defined in
§ 42-2-402(4)(a), C.R.S., that is operated by a child care
center;
(d)
Is the driver of a motor vehicle and is subject to the safety belt requirements provided in GJMC § 10.04.237;
(e)
Reserved.
(f)
Is being transported in a motor vehicle that is operated in the business
of transporting persons for compensation or hire by or on behalf of
a common carrier or a contract carrier as those terms are defined
in § 40-10.1-101, C.R.S., or an operator of a luxury limousine
service as defined in § 40-10.1-301, C.R.S.
(4)
Reserved.
(5)
No person shall use a safety belt or child restraint system, whichever
is applicable under the provisions of this section, for children under
16 years of age in a motor vehicle unless it conforms to all applicable
federal motor vehicle safety standards.
(6)
Any violation of this section shall not constitute negligence per
se or contributory negligence per se.
(7)
(a)
Except as otherwise provided in subsection (7)(b) of this section,
any person who violates any provision of this section commits a traffic
infraction.
(b)
A minor driver under 18 years of age who violates this section shall
be punished in accordance with § 42-2-105.5(5)(b), C.R.S.
(8)
The fine may be waived if the defendant presents the court with satisfactory
evidence of proof of the acquisition, purchase, or rental of a child
restraint system by the time of the court appearance.
(Ord. 4759, 9-6-17)
(1)
“Motor vehicle”
“Safety belt system”
As used in this section:
means a self-propelled vehicle intended primarily for use
and operation on the public highways, including passenger cars, station
wagons, vans, taxicabs, ambulances, motor homes, and pickups. The
term does not include motorcycles, low-power scooters, passenger buses,
school buses, and farm tractors and implements of husbandry designed
primarily or exclusively for use in agricultural operations.
means a system utilizing a lap belt, a shoulder belt, or
any other belt or combination of belts installed in a motor vehicle
or an autocycle to restrain drivers and passengers, which system conforms
to federal motor vehicle safety standards.
(2)
Unless exempted pursuant to subsection (3) of this section, every driver of and every front seat passenger in a motor vehicle and every driver of and passenger in an autocycle equipped with a safety belt system shall wear a fastened safety belt while the motor vehicle is being operated on a street or highway in the City limits.
(3)
Except as provided in § 42-2-105.5, C.R.S., the requirement of subsection (2) of this section shall not apply to:
(b)
A member of an ambulance team, other than the driver, while involved
in patient care;
(c)
A peace officer as described in § 16-2.5-101, C.R.S., while performing official duties so long as the performance
of said duties is in accordance with rules and regulations applicable
to said officer which are at least as restrictive as subsection (2)
of this section and which only provide exceptions necessary to protect
the officer;
(d)
A person with a physically or psychologically disabling condition
whose physical or psychological disability prevents appropriate restraint
by a safety belt system if such person possesses a written statement
by a physician certifying the condition, as well as stating the reason
why such restraint is inappropriate;
(e)
A person driving or riding in a motor vehicle not equipped with a
safety belt system due to the fact that federal law does not require
such vehicle to be equipped with a safety belt system;
(f)
A rural letter carrier of the United States Postal Service while
performing duties as a rural letter carrier; and
(g)
A person operating a motor vehicle which does not meet the definition of “commercial vehicle” as that term is defined in GJMC § 10.04.235(1)(a) for commercial or residential delivery or pickup service; except that such person shall be required to wear a fastened safety belt during the time period prior to the first delivery or pickup of the day and during the time period following the last delivery or pickup of the day.
(4)
(a)
Except as otherwise provided in subsection (4)(b) of this section,
any person who operates a motor vehicle while such person or any passenger
is in violation of the requirement of subsection (2) of this section
commits a traffic infraction.
(b)
A minor driver under 18 years of age who violates this section shall
be punished in accordance with § 42-2-105.5(5)(b), C.R.S.
(5)
No driver in a motor vehicle shall be cited for a violation of subsection (2) of this section unless such driver was stopped by a law enforcement officer for an alleged violation of this chapter other than a violation of this section.
(6)
Testimony at a trial for a violation charged pursuant to subsection (4) of this section may include:
(a)
Testimony by a law enforcement officer that the officer observed
the person charged operating a motor vehicle while said operator or
any passenger was in violation of the requirement of subsection (2)
of this section; or
(b)
Evidence that the driver removed the safety belts or knowingly drove
a vehicle from which the safety belts had been removed.
(7)
Evidence of failure to comply with the requirement of subsection (2) of this section shall be admissible to mitigate damages with respect to any person who was involved in a motor vehicle accident and who seeks in any subsequent litigation to recover damages for injuries resulting from the accident. Such mitigation shall be limited to awards for pain and suffering and shall not be used for limiting recovery of economic loss and medical payments.
(Ord. 4759, 9-6-17)
(1)
A person shall not be in actual physical control of a vehicle, except
an authorized emergency vehicle as defined in § 42-1-102(6), C.R.S., that the person knows contains a lamp or device that is
designed to display, or that is capable of displaying if affixed or
attached to the vehicle, a red or blue light visible directly in front
of the center of the vehicle.
(2)
It shall be an affirmative defense that the defendant was:
(a)
A peace officer as described in § 16-2.5-101, C.R.S.; or
(b)
In actual physical control of a vehicle expressly authorized by a
Chief of Police or Sheriff to contain a lamp or device that is designed
to display, or that is capable of displaying if affixed or attached
to the vehicle, a red or blue light visible from directly in front
of the center of the vehicle; or
(c)
A member of a volunteer fire department or a volunteer ambulance
service who possesses a permit from the Fire Chief of the Fire Department
or chief executive officer of the ambulance service through which
the volunteer serves to operate a vehicle pursuant to § 42-4-222(1)(b), C.R.S.; or
(d)
A vendor who exhibits, sells, or offers for sale a lamp or device
designed to display, or that is capable of displaying, if affixed
or attached to the vehicle, a red or blue light; or
(e)
A collector of fire engines, fire suppression vehicles, or ambulances
and the vehicle to which the red or blue lamps were affixed is valued
for the vehicle’s historical interest or as a collector’s
item.
(3)
A violation of this section is a misdemeanor.
(Ord. 4759, 9-6-17)
(1)
“Emergency”
(a)
(b)
“Operating a motor vehicle”
“Use”
“Wireless telephone”
As used in this section, unless the context otherwise requires:
means a situation in which a person:
Has reason to fear for such person’s life or safety or
believes that a criminal act may be perpetrated against such person
or another person, requiring the use of a wireless telephone while
the car is moving; or
Reports a fire, a traffic accident in which one or more injuries
are apparent, a serious road hazard, a medical or hazardous materials
emergency, or a person who is driving in a reckless, careless, or
otherwise unsafe manner.
means driving a motor vehicle on a public highway, but “operating
a motor vehicle” shall not mean maintaining the instruments
of control while the motor vehicle is at rest in a shoulder lane or
lawfully parked.
means talking on or listening to a wireless telephone or
engaging the wireless telephone for text messaging or other similar
forms of manual data entry or transmission.
means a telephone that operates without a physical, wireline
connection to the provider’s equipment. The term includes, without
limitation, cellular and mobile telephones.
(3)
A person shall not use a wireless telephone for the purpose of engaging
in text messaging or other similar forms of manual data entry or transmission
while operating a motor vehicle.
(5)
(a)
A person who operates a motor vehicle in violation of subsection
(2) of this section commits a traffic infraction and the court shall
assess a fine of $50.00.
(b)
A second or subsequent violation of subsection (2) of this section
is a traffic infraction and the court shall assess a fine of $100.00.
(5.5)
(a)
Except as provided in subsections (5.5)(b) and (5.5)(c) of this section,
a person who operates a motor vehicle in violation of subsection (3)
of this section commits a misdemeanor, and the court shall assess
a fine of $300.00 and may issue up to 90 days in jail.
(b)
If the person’s actions are the proximate cause of bodily injury
to another, the person commits a misdemeanor and the penalty may be
a minimum of $300.00 fine up to $1,000 fine and/or a minimum of 10
days up to one year in jail.
(c)
If the person’s actions are the proximate cause of death to
another, the person commits a misdemeanor and the penalty may be a
minimum of $300.00 fine up to $1,000 fine and/or a minimum of 10 days
up to one year in jail.
(6)
(a)
An operator of a motor vehicle shall not be cited for a violation
of subsection (2) of this section unless the operator was under 18
years of age and a law enforcement officer saw the operator use, as
defined in subsection (1)(c) of this section, a wireless telephone.
(b)
An operator of a motor vehicle shall not be cited for a violation of subsection (3) of this section unless a law enforcement officer saw the operator use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission, in a manner that caused the operator to drive 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, as prohibited by GJMC § 10.04.1402.
(7)
The provisions of this section shall not be construed to authorize
the seizure and forfeiture of a wireless telephone, unless otherwise
provided by law.
(8)
This section does not restrict operation of an amateur radio station
by a person who holds a valid amateur radio operator license issued
by the Federal Communications Commission.
(Ord. 4759, 9-6-17)
A low-speed electric vehicle shall conform with applicable federal
manufacturing equipment standards. Any person who operates a low-speed
electric vehicle in violation of this section commits a traffic infraction.
(Ord. 4759, 9-6-17)
(1)
(a)
A person, other than a towing carrier or peace officer as described
in § 16-2.5-101, C.R.S., commits the crime of unlawful removal
of tow-truck signage if:
(I)
A towing carrier has placed a tow-truck warning sign on the driver-side
window of a vehicle to be towed or, if window placement is impracticable,
in another location on the driver-side of the vehicle; and
(II)
The vehicle to be towed is within 50 feet of the towing carrier
vehicle; and
(III)
The person removes the tow-truck warning sign from the vehicle
before the tow is completed.
(b)
A person commits the crime of unlawful usage of tow-truck signage
if the person places a tow-truck warning sign on a vehicle when the
vehicle is not in the process of being towed or when the vehicle is
occupied.
(c)
A towing carrier may permit an owner of the vehicle to be towed to
retrieve any personal items from the vehicle before the vehicle is
towed.
(3)
For purposes of this section, “tow-truck warning sign”
means a sign that is at least eight inches by eight inches, is either
yellow or orange, and states the following:
WARNING: This vehicle is in tow. Attempting to operate or operating
this vehicle may result in criminal prosecution and may lead to injury
or death to you or another person.
(Ord. 4759, 9-6-17)
