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(a) Generally. The Model Traffic Code adopted by section 134-1 is amended as provided in this section.

(b) Speed limits. Subsections 1101(1), (2), and (4) of Article I of the Model Traffic Code are amended to read as follows:

Section 1101. Speed limits.

(1) No person shall drive a vehicle on a street or highway within this municipality at a speed greater than is reasonable and prudent under the conditions existing, and in no event greater than 55 miles per hour or the posted limit, whichever is higher.

(2) Except when a special hazard exists that requires lower speed, and except as otherwise provided herein, the following speeds shall be lawful:

(A) Twenty-five miles per hour in any business district;

(B) Twenty-five miles per hour in any residence district;

(C) Twenty miles per hour on blind curves; or

(D) Any speed not in excess of a posted speed limit designated by an official traffic-control device.

(4) Unless otherwise declared by ordinance adopting this Code and so permitted by law, any speed in excess of said limits in subsection (2) of this section shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful, except that any and all 55 mile per hour or higher speed limits shall be considered maximum lawful speed limits and not prima facie speed limits.

(c) Stopping, standing or parking prohibited in specified places. Section 1204 of Article I of the Colorado Model Traffic Code is amended to read as follows:

Section 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 directions of a police officer or 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 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic 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 prohibit stopping;

(L) In any posted fire lane; or

(M) Upon any property owned or controlled by the City or any other governmental agency except for the rights-of-way of streets or highways and designated parking spaces. This prohibition does not apply to city maintenance or city patrol vehicles.

(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 conflict with other traffic or in compliance with the directions of a police officer or official traffic control device, in any of the following places:

(A) Within five feet of a public or private driveway;

(B) Within 15 feet of a fire hydrant;

(C) Within 20 feet of a crosswalk at an intersection;

(D) Within 30 feet upon the approach of any flashing beacon or signal, stop sign, yield sign or traffic control signal located in the side of a roadway;

(E) Within 20 feet of the driveway entrance to any fire station or on the side of a street opposite the entrance to any fire station, within 75 feet of said entrance when properly signposted;

(F) At any other place where official signs prohibit standing; or

(G) In a private driveway or on private property without the express or implied consent as evidenced by written, signed and notarized permission of the owner or person in lawful possession of such driveway or property.

(3) In addition to the restrictions specified in subsections (1) and (2) of this section, no person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device, in any of the following places:

(A) Within 50 feet of the nearest rail or a railroad crossing; or

(B) At any other place where official signs prohibit parking.

(4) No unlawful vehicle shall be kept, stored or parked on any roadway or public right-of-way within the City.

(a) For purposes of this subsection, an unlawful vehicle shall mean a vehicle which is legally inoperable on the streets due to the vehicle's condition that endangers the public or property, which includes but is not limited to, a lack of equipment as required by the Colorado Model Traffic Code, improperly inflated tires, inoperable lights, inoperable brakes, broken windows or windshield, having expired or no license plates if plates are required by law, is wrecked, dismantled, partially dismantled, discarded, or severely dilapidated, or is otherwise apparently inoperable.

(d) Definitions. Subsection 102(82) of Article II is hereby amended to read as follows:

(82) Trailer. Any wheeled vehicle, without motive power, which is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure and which is generally and commonly used to carry and transport property over the public highways.

(e) Paraplegic person or persons with disabilities—Distress flag. Subsection 611(2) of the Model Traffic Code is amended to read as follows:

Section 611. Paraplegic person or persons with disabilities—Distress flag.

(2) It shall be unlawful for any person who is not a paraplegic person or a person with a disability to use such flag as a signal or any other purpose.

(f) Wheel and axle loads. Subsections 507(2) and (3) of the Model Traffic Code are amended to read as follows:

(2) The gross weight upon any single axle, or tandem axle, of a vehicle shall not exceed the following:

(A) When the wheels attached to the axle are equipped with solid rubber or cushion tires, 16,000 pounds;

(B) When the wheels attached to the axle are equipped with pneumatic tires, 20,000 pounds;

(C) Except as otherwise provided in this Code, when the wheels are attached to a tandem axle and are equipped with pneumatic tires, 40,000 pounds for vehicles traveling on any street or highway within the city limits of Aurora;

(D) When the wheels are attached to a tandem axle and are equipped with pneumatic tires, 36,000 pounds for vehicles traveling on any highway of the "interstate" system, or any other street or highway for which such weight limit is posted within the City.

(3) One rear axle vehicles equipped with a self-compactor and used solely for the transporting of trash are exempted from the provisions of subsections (2)(A), (B), and (C) of this section when traveling on any state maintained, secondary state highway within the City.

(g) Vehicles weighed—Excess removed. Subsection 509(3) of Article I of the Model Traffic Code is amended to read as follows:

(3) It shall be unlawful for any driver of a vehicle, when directed by a police officer, port of entry officer, or any traffic control device, to fail or refuse to stop and submit the vehicle and load to a weighing or fail or refuse, when directed by a police officer or port of entry officer, to allow the unloading of the vehicle, to the gross weight of such vehicle or the weight upon any single axle or tandem axle of such vehicle, permitted by this chapter, or otherwise to fail or refuse to comply with the provisions of this section.

(h) Section 107 of Article I of the Model Traffic Code is amended to read as follows:

Section 107. Obedience to police and fire department officials.

No person shall fail or refuse to comply with any lawful order or direction of any police officer, or member of the fire department who is invested with authority to direct, control, or regulate traffic.

(i) Spilling loads on highways prohibited. Section 1407 of Article I of the Model Traffic Code is amended to add subsections 4 and 5 which shall read as follows:

Section 1407. Spilling loads on highways prohibited.

(4) A vehicle shall not be driven or moved on a highway if the vehicle is transporting trash or recyclables unless:

(A) The load is covered by a tarp or other cover in a manner that prevents the load from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle; or

(B) The vehicle utilizes other technology that prevents the load from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle; or

(C) The load is required to be secured under 49 CFR parts 392 and 393; or

(D) The motor vehicle is in the process of collecting trash or recyclables and is within a one-mile radius of the motor vehicle's last collection point.

(5) For the purpose of this section:

(A) "Recyclables" means material or objects that can be reused, reprocessed, remanufactured, reclaimed, or recycled.

(B) "Trash" means material or objects that have been or are in the process of being discarded or transported.

(j) Speed contest—Speed exhibitions—Aiding and facilitating. Section 1105 of Article I of the Model Traffic Code is amended to read as follows:

(1) (A) Except as otherwise provided in subsection (4) of this section, it is unlawful for a person to knowingly engage in a speed contest on a highway.

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

(2) (A) Except as otherwise provided in subsection (4) of this section, it is unlawful for a person to knowingly engage in a speed exhibition on a highway.

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

(3) (A) Except as otherwise provided in subsection (4) of this section, a person shall not, for the purpose of facilitating or aiding or as an incident to any speed contest or speed exhibition upon a highway, in any manner obstruct or place a barricade or obstruction, or assist or participate in placing any such barricade or obstruction, upon a highway.

(B) A person who violates any provision of this subsection (3) commits, pursuant to section 94-4, the offense that the person aided in or facilitated the commission of.

(4) The provisions of this section shall not apply to the operation of a motor vehicle in an organized competition according to accepted rules on a designated and duly authorized race track, race course, or drag strip.

(k) Parking privileges for persons with disability—Applicability. Subsection 1208(1) of the Model Traffic Code is amended to read as follows:

Section 1208. Parking privileges for persons with disabilities—Applicability.

(1) As used in this section:

(A) "License plate or placard" means a license plate or placard issued pursuant to state law.

(B) "Person with a disability" has the meaning provided for such term pursuant to state law.

(l) Minimum standards for commercial vehicles—Spot inspections. Section 235 of the Model Traffic Code is amended to read as follows:

(1) A peace officer may, at any time, require the driver of any commercial vehicle, as defined in section 42-4-235 C.R.S. to stop so that the peace officer may inspect the vehicle and all required documents for compliance with the rules and regulations promulgated by the Colorado Department of Public Safety, Colorado Code of Regulations Volume 8, 1507-1 "Minimum Standards for the Operation of Commercial Vehicles."

(2) A peace officer may immobilize, impound, or otherwise direct the disposition of a commercial vehicle when it is determined that the motor vehicle or the operation thereof is unsafe and when such immobilization, impoundment or disposition is appropriate under the rules and regulations promulgated by the Colorado Department of Public Safety, Colorado Code of Regulations Volume 8, 1507-1 "Minimum Standards for the Operation of Commercial Vehicles."

(m) Child restraint systems—Definitions—Exemptions. Section 236 of the Model Traffic Code is to read as follows:

(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", Article 6 of Title 26, C.R.S.

(B) "Child restraint system" means a specially designed seating system that is designed to protect, hold, or restrain a child in a motor vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident that is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system, and that meets the federal motor vehicle safety standards set forth in Section 49 CFR 571.213, as amended.

(C) "Motor vehicle" means a passenger car; a pickup truck; or a van, minivan, or sport utility vehicle with a gross vehicle weight rating of less than ten thousand pounds. "Motor vehicle" does not include motorcycles, low-power scooters, motorscooters, motorbicycles, motorized bicycles, and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations.

(D) "Safety belt" means a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, except any such belt 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 safety belt means the shoulder belt, if present, crosses the shoulder and the chest and the lap belt crosses the hips, touching the thighs.

(E) "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) (i) Unless exempted pursuant to subsection (3) of this section and except as otherwise provided in subparagraphs (ii) and (iii) of this paragraph (A), 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 Section 42-2-105.5(4) C.R.S, subsection (2) of this section does not apply to a child who:

(A) 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;

(B) Is being transported in a commercial motor vehicle, as defined in section 42-2-402(4)(a), that is operated by a child care center;

(C) Is the driver of a motor vehicle and is subject to the safety belt requirements provided in section 42-4-237;

(D) Weighs more than 40 pounds and is being transported in a motor vehicle in which the rear seat of the vehicle was not equipped at the time of manufacture with combination lap and shoulder belts:

(E) 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 section 40-10.1-101, C.R.S., or an operator of a luxury limousine service as defined in section 40-10.1-301, C.R.S.

(4) The division of highway safety may implement a program for public information and education concerning the use of child restraint systems and the provisions of this section.

(5) 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.

(n) Obstruction of view or driving mechanism—Hazardous situation. Subsection 201(3) of the Model Traffic Code is amended to read as follows:

(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.

(o) Parking at curb or edge of roadway. Section 1205 of Article I of the Model Traffic Code is amended to read as follows:

Section 1205. Parking at curb or edge of roadway.

(1) Angle parking. Upon those streets which have been signed or marked by the city for angle parking, it shall be unlawful for any person to stand or park a vehicle other than at the angle to the curb or edge of roadway indicated by such signs or markings. Angle parking shall not be established on any state highway without the prior approval of the Colorado Department of Transportation.

(2) Exception. 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 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, unless the roadway includes a bicycle lane adjacent to the curb with a buffer, followed by a parking lane. When there is a bicycle lane adjacent to the curb with a buffer, followed by a parking lane, a vehicle shall parallel-park headed in the direction of lawful traffic movement and the vehicle shall be entirely within the designated parking lane. A bicycle lane adjacent to a parking lane shall not be established on any state highway without the prior approval of the Colorado Department of Transportation. A vehicle may be stopped or parked within 12 inches of the left-hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting such stopping or standing.

(p) Official authority. Section 134 of Article I of the Model Traffic Code is amended to read as follows:

The city council has jurisdiction for the purpose of regulating the placement of traffic control devices and has named the traffic engineer for purposes of providing the engineering studies and the engineering judgment, and any other relevant information concerning the placement of traffic control devices. Council may also consider placement of traffic control devices by an official act through an alternative council resolution process that has been formally adopted by city council.

(Code 1979, § 37-2; Ord. No. 2023-46, § 1, 10-23-2023; Ord. No. 2017-06, § 1, 2-6-2017; Ord. No. 2016-34, § 1, 8-8-2016; Ord. No. 2013-30, §§ 3, 4, 9-9-2013; Ord. No. 2011-22, §§ 2—4, 8-8-2011; Ord. No. 2010-60, § 1, 1-10-2011; Ord. No. 2007-85, § 2, 12-17-2007; Ord. No. 2005-21, § 1, 5-16-2005; Ord. No. 2004-45, § 3, 8-9-2004; Ord. No. 2004-36, § 1, 7-12-2004; Ord. No. 2003-72, § 2, 11-17-2003; Ord. No. 99-70, § 1, 10-18-1999; Ord. No. 97-33, § 1, 8-4-1997; Ord. No. 97-12, §§ 1—3, 4-14-1997; Ord. No. 95-86, exhibit A (§ 37-2), 10-9-1995)