Search
Help & SupportChapter 7-2: General Provisions
The purpose of this title is to protect the health, safety, welfare, and convenience of the public by regulating the movement and stopping of pedestrians and ridden or herded animals on streets and the equipment, movement, stopping, parking, storage, and towing of vehicles.
This title may be referred to as the "Boulder Traffic Ordinance."
(a) Regulation of vehicles under this title applies everywhere to the maximum extent of the jurisdiction of the city, except for those provisions, sections, or chapters that by their terms apply only to certain areas.
(b) Regulation of pedestrians and ridden or herded animals under this title applies to streets, including, without limitation, sidewalks and sidewalk areas.
(a) Violations of any of the provisions of those sections of this title for which no specific penalty has been provided are traffic infractions. Every person who is convicted of a traffic infraction, who admits liability for a traffic infraction, or against whom a judgment is entered for a traffic infraction is subject to a fine or penalty of at least $10.00 but not more than $500.00.
(b) The minimum and maximum fine or monetary penalty for any moving traffic infraction committed in a school zone shall be double that otherwise provided in this section, but not to exceed $500.00. If the school zone was also a construction zone for which speeding fines are doubled, and the person is convicted of, admits liability for, or against whom a judgment is entered for both a speeding infraction and some other moving traffic infraction, only the fine for the speeding infraction shall be doubled.
(Ordinance Nos. 6033 (1998); 7409 (2005))
7-2-5 Overlapping Prohibitions.
Certain traffic misconduct is prohibited under more than one section of this title. The fact that the section a defendant is charged with violating is less specific, carries a greater maximum penalty, or carries greater collateral consequences than some other section is not a basis for dismissal or acquittal as long as the elements of the section cited are proven. If the judge finds that the sole basis for the finding of guilt of or liability for a more general charge, one that carries a greater maximum penalty, or one that carries greater penalty point collateral consequences against the driving privilege under the statutes of the state was conduct that satisfied the elements of the other charge and no more, the sentence may not exceed the maximum applicable to the other charge, and upon application of a convicted defendant at the time of sentencing, the judge shall amend the judgment to reflect the other charge. Inattentive driving and reckless driving are never "other" charges within the meaning of this section, nor is paragraph 7-4-58(b)(4), B.R.C. 1981, such an other charge of paragraph 7-4-56(a)(2), B.R.C. 1981.
(Ordinance No. 7424 (2005))
(a) Conduct that would otherwise constitute a violation of this title is justifiable and not a violation when:
(1) It is a reasonable emergency response compelled by the necessity of avoiding an imminent traffic hazard that is about to occur by reason of a traffic situation occasioned or developed through no misconduct, fault, or omission of the driver;
(2) The driver had been obeying all relevant traffic laws prior to the time such driver discovered or reasonably should have discovered the hazard; and
(3) The hazard was of sufficient gravity that, according to all ordinary standards of careful driving, the desirability and urgency of avoiding the hazard through violating the traffic law by the means employed clearly outweigh the desirability of avoiding the hazard through lawful driving alternatives.
(b) Before evidence relating to a defense under this section is presented to a jury, the defendant shall first make a detailed offer of proof to the judge, who shall rule as a matter of law whether the claimed facts or circumstances would, if established, establish the defense. If the judge admits such evidence, the judge shall again rule as a matter of law on the sufficiency of the evidence that if believed by the jury would establish the defense.
(c) A defense under this section is a specific defense.
7-2-7 Mechanical Failure No Defense.
The driver of a vehicle has a responsibility to the public to guarantee that the vehicle is at all times in proper mechanical condition so that the driver is able to steer, start, proceed, stop, signal, see, and be seen properly, and otherwise to comply with the traffic law. Consequently, mechanical failure, however unexpected, is no defense to a charge of violation of this title except insofar as it serves to negate a reckless, knowing, or intentional mental state where such is an element of the violation.
7-2-8 Bicycle School for Children.
Before the judge accepts a plea from a child under the age of sixteen years for a bicycle infraction, the judge shall afford the child a reasonable opportunity to attend a free bicycle safety class, and if the child attends such class, the judge shall dismiss the charge unless the judge finds that dismissal is not in the best interests of the child.
7-2-9 Driving, Stopping, or Parking in Space.
If any provision of this title prohibits driving, stopping, or parking a vehicle in any space, a violation occurs if any part of the vehicle is in such space. If any provision of this title requires that driving, stopping, or parking occur within any space, a violation occurs if any part of the vehicle is not in such space.
7-2-10 Traffic Control Device Required.
(a) Every provision of this title for which a traffic control device is required shall be enforced against an alleged violator if, at the time and place of the alleged violation, the device was of the proper type, in proper position, sufficiently legible to be seen by an ordinarily observant person, and placed by a public authority. Whenever a particular section does not state that a device is required, such section is effective even though no device was in place.
(b) Any traffic control device placed in substantial compliance with the position required by the state traffic control manual is in proper position. Where no position is required, any position recommended by the state traffic control manual and any other reasonable position is a proper position.
(c) Every traffic control device on a street or other land in which a public authority has an interest shall be presumed to be an official traffic control device of proper type and in proper position and sufficiently legible to be seen by an ordinarily observant person and placed by a public authority unless the contrary is established by a preponderance of credible evidence.
(d) Every traffic control device alongside of or on a sidewalk or path intended to regulate bicycle, pedestrian or any other traffic thereon is in proper position and of the proper type if, at the time and place of the alleged violation, it was in a reasonable position, its command was clear, it was sufficiently legible to be seen by an ordinarily observant person, and it was placed by a public authority.
(Ordinance No. 5241 (1989))
7-2-11 Public Employees to Obey Traffic Regulations.
The provisions of this title apply to all persons regardless of their public or private employment or the public or private ownership of any vehicle involved, subject only to any specific exceptions set forth in this title.
7-2-12 Exemptions for Authorized Emergency Vehicles.
(a) The driver of an authorized emergency vehicle, while responding to an emergency call, while in pursuit of an actual or suspected violator of the law, or while responding to but not returning from a fire alarm may exercise the privileges set forth in this section. The driver of any authorized emergency vehicle may:
(1) Park or stop, irrespective of the provisions of this title;
(2) Proceed past a red or stop traffic control signal or sign, but only after slowing down as may be necessary for reasonably safe operation;
(3) Exceed a speed limit so long as life or property is not unreasonably endangered thereby; and
(4) Disregard regulations governing direction of movement, turning in specified directions, or driving in a particular place.
(b) The provisions of this section and section 7-2-13, "Exemptions for Maintenance Vehicles," B.R.C. 1981, do not relieve the privileged driver of the duty to drive with due regard for the safety of all persons, nor do such provisions protect the driver from the consequences of such driver's reckless disregard for the safety of others.
(c) The exemptions granted in this section apply only while the authorized emergency vehicle, other than a bicycle, is making use of audible or visible signals meeting the requirements of section 42-4-213 or 42-4-222, C.R.S., as amended. But an authorized emergency vehicle being operated as a police vehicle while in actual pursuit of a suspected violator of any provision of this title need not display or make use of audible or visual signals as long as such pursuit is being made to obtain verification of or evidence of the guilt of the suspected violator. Where paragraph (a)(1) of this section is concerned, only such lights or other measures need to be taken as are reasonably necessary to warn of the special hazard, if any, presented by such parking or stopping.
(Ordinance Nos. 5848 (1996); 5920 (1997))
7-2-13 Exemptions for Maintenance Vehicles.
Drivers of authorized service vehicles and vehicles engaged in the construction or maintenance of public streets or traffic control devices or authorized to work in the right-of-way under chapter 4-18, "Street, Sidewalk, and Public Property Use Permits," B.R.C. 1981, may, when and where reasonably necessary for such purposes, disregard the provisions of this title concerning parking and stopping, driving too slowly, direction of movement, turning in specified directions, lane usage, and similar provisions as long as life or property is not unreasonably endangered thereby.
7-2-14 Permit Required for Parades, Processions, and Sound Trucks.
(a) No person in a funeral or other procession or a parade, except the military, police, or fire forces of the city, the state, or the United States, shall occupy, march, drive, or proceed upon or along any street except in accordance with a permit issued under this section.
(b) No sound truck or other vehicle equipped with an amplifier or loudspeaker shall use such equipment while upon a street for the purpose of selling, offering for sale, or advertising in any fashion except in accordance with a permit issued under this section.
(c) Upon application the city manager shall issue a funeral, procession, parade, or sound truck permit if the manager finds that:
(1) Such activity will not violate chapter 5-9, "Noise," B.R.C. 1981;
(2) There is no reason to believe that such activity cannot be carried out in safety;
(3) Such activity will not unreasonably interfere with the efficient movement of traffic; and
(4) The activity is not for an illegal purpose.
The manager may prescribe the form of the application and may require information reasonably necessary to make the required findings. The manager may place in the permit such restrictions on the time, place, and manner of carrying out the activity as the manager finds reasonably necessary to meet the requirements of this section.
7-2-15 Certain Devices Banned From Roadway and Required to Yield to Pedestrians.
(a) No person upon any roller skate, in-line skate, skateboard, roller ski, ski, coaster, sled, toboggan, toy vehicle, child's tricycle, or any similar device shall go upon a roadway except while crossing the roadway on a crosswalk in conformance with the rules applicable to pedestrians. When so crossing, persons have the rights and duties of pedestrians. This subsection does not apply on any roadway set aside as a play street as provided by section 7-4-48, "Driving on Restricted Street Prohibited," B.R.C. 1981, and so designated by signs.
(b) No person shall ride or operate a snowmobile on any street except upon specific request of a public authority in a time of emergency.
(c) It is a specific defense to a charge of violating any of the provisions of this section that the person was on skis or roller skis, was skiing or roller skiing in safety on a roadway in a residential, public or industrial district zoned RR-1, RR-2, RE, RL, MH, RM, RMX, RH-1, RH-2, RH-4, RH-5, MU-1, MU-3, P, IM, IG, IS, or IMS and was not on a roadway that was part of a state highway, a divided street, or a street with four or more lanes for moving motor vehicular traffic.
(d) A person upon any of the devices listed in subsection (a) of this section shall yield the right-of-way to any pedestrian upon a sidewalk, in a crosswalk, or on a path.
(Ordinance Nos. 5039 (1987); 5241 (1989); 5920 (1997); 5930 (1997); 7522 (2007))
7-2-16 Method of Riding on Motorcycle or Moped.
(a) A person driving a motorcycle or moped shall ride only upon the permanent and regular seat attached thereto. Such driver shall not carry any other person; nor shall any other person ride on a motorcycle or moped unless it is designed to carry more than one person, in which event a passenger may ride upon the permanent seat, if designed for two persons, or upon another permanent or regular seat firmly attached to the motorcycle or moped at the rear or side of the driver.
(b) A person shall ride upon a motorcycle or moped only while sitting astride the seat, facing forward, with one leg on either side of the motorcycle or moped.
(c) No person shall drive a motorcycle or moped while carrying packages, bundles, or other articles that prevent such person from keeping both hands on the handlebars.
(d) No person shall drive a motorcycle or moped while carrying a passenger in a position that will interfere with the operation or control of the motorcycle or moped or the view of the operator, and no person shall ride in such a position.
(e) No person shall drive a motorcycle while carrying a passenger unless the motorcycle is equipped with footrests for the passenger or the passenger is riding in a sidecar or enclosed cab.
7-2-17 Clinging to Vehicles Prohibited.
(a) No person riding upon any motorcycle, moped, bicycle, roller skates, skateboard, roller ski, ski, coaster, sled, toboggan, toy vehicle, child's tricycle, or any similar device shall attach the device or the person's self to any vehicle moving on a street.
(b) It is a specific defense to a charge of violating this section that the device was a bicycle trailer attached to a bicycle and designed for such attachment.
(Ordinance No. 5241 (1989))
7-2-18 Permitting Clinging Prohibited.
No person shall drive a vehicle on a street while he or she knows or reasonably should know that acts in violation of section 7-2-17, "Clinging to Vehicles Prohibited," B.R.C. 1981, are occurring with respect thereto.
7-2-19 Riding on Portion of Motor Vehicle Not Designed for Passengers Prohibited.
No person shall sit, ride, hang on, or otherwise attach him or herself to the outside, top, hood, or fender, or to any other portion of a motor vehicle in motion on a street, other than on a seat in the specific enclosed portion of such motor vehicle intended for passengers or while in a sitting position in the cargo area of a motor vehicle if such area is fully or partially enclosed on all four sides. Employees while engaged in the necessary discharge of the duties of their lawful employment and persons riding in parades or processions for which a permit has been issued under section 7-2-14, "Permit Required for Parades, Processions, and Sound Trucks," B.R.C. 1981, are exempted from the prohibitions of this section and sections 7-2-20, "Riding in Trailers Prohibited," and 7-2-21, "Permitting Illegal Riding Prohibited," B.R.C. 1981.
(Ordinance No. 5241 (1989))
7-2-20 Riding in Trailers Prohibited.
No person shall occupy a trailer while it is being moved on a street by a motor vehicle.
7-2-21 Permitting Illegal Riding Prohibited.
No person shall drive a vehicle while he or she knows or reasonably should know that acts which are in violation of section 7-2-19, "Riding on Portion of Motor Vehicle Not Designed for Passengers Prohibited," or 7-2-20, "Riding in Trailers Prohibited," B.R.C. 1981, are occurring on or about the vehicle.
7-2-22 Boarding or Alighting From Moving Vehicles Prohibited.
No person shall board or alight from any motor vehicle while such vehicle is in motion on a street.
7-2-23 Opening and Closing Vehicle Doors.
No person shall open any door on a vehicle unless it is done in safety, nor shall any person leave a door open on a side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
7-2-24 Spilling Load on Street Prohibited.
No person shall drive, move, stop, or park any vehicle on any street unless such vehicle is constructed and loaded and the load thereof securely covered to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom. This section does not apply to the operation of equipment for street maintenance.
7-2-25 Removal of Injurious Material From Street Required.
(a) Any person who drops, throws, or deposits upon a street any glass bottle, glass, nail, tack, wire, flammable or burning substance, or any other substance or object likely to injure or damage other traffic or permits the same to be done shall immediately remove the same or cause it to be removed.
(b) Any person removing a wrecked or damaged vehicle from a highway shall remove from the street any glass or other injurious substance dropped from the vehicle.
7-2-26 Display of Unauthorized Sign, Signal, or Marking Prohibited.
(a) No person shall place, maintain, or display upon or in view of any street, at a place where it could be mistaken for or confused with a traffic control device governing such street, any unauthorized sign, signal, marking, or device that purports to be, is an imitation of, or resembles a traffic control device or railroad sign or signal; that attempts to direct the movement of traffic; except for official government notices, uses any words, phrases, symbols, or characters implying the existence of danger or the need for stopping or maneuvering of a vehicle; or creates any other unsafe distraction for vehicle operators; that obstructs the view of or interferes with the effectiveness of any traffic control device or any railroad sign or signal; or that obstructs the view of vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley, or other thoroughfare.
(b) No person shall place or maintain upon any traffic control sign or signal or parking meter any advertising.
(c) This section shall not be deemed to prohibit the use of motorist services information of a general nature on official highway guide signs if such signs do not indicate the brand, trademark, or name of any private business or commercial enterprise offering the service, nor shall this section be deemed to prohibit the erection upon private property adjacent to streets of signs permitted under section 9-9-21, "Signs," B.R.C. 1981, giving useful directional information and of a type that cannot be mistaken for traffic control signs.
(d) Every such sign, signal, marking, or device prohibited by this section constitutes a public nuisance, and the city manager is empowered to remove the same or cause it to be removed without notice, after which the manager shall afford to the owner the opportunity for a hearing to contest the removal, under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981.
(Ordinance No. 6017 (1998))
7-2-27 Interference With Traffic Control Device.
(a) No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, change signal timing, or remove any traffic control device, any railroad sign or signal, or any inscription, shield, or insignia thereon or any part thereof.
(b) Any person who violates any provision of this section commits the offense of interference with a traffic control device and upon conviction thereof shall be punished by a fine of no more than $1,000.00, jail for no more than ninety days, or both such fine and jail.
(Ordinance No. 7409 (2005))
7-2-28 Obedience to Traffic Control Device.
No person shall disobey the instructions of any traffic control device.
7-2-29 Meter Tampering Prohibited.
(a) No person shall:
(1) Deposit in any parking meter anything other than a token approved by the city manager or a lawful coin of the United States;
(2) Deposit in any parking meter any token or coin that is bent, torn, cut, battered, or otherwise misshapen;
(3) Tamper with or open a parking meter; or
(4) Knowingly manipulate a parking meter in such a way as to cause it to fail to show the correct amount of unexpired time.
(b) The provisions of this section do not apply to public employees on official business repairing or maintaining the meters.
7-2-30 Misuse of Handicapped Parking.
No person shall display the placard or license mentioned in subsection 7-6-22(a), B.R.C. 1981, if such person does not then have an impairment that substantially limits such person's ability to move from place to place and a valid license or placard issued by the Colorado Department of Revenue with respect thereto.
7-2-31 Driver to Exercise Due Care.
No provision of this title relieves a driver from the duty to exercise due care to avoid colliding with a pedestrian on a roadway or to sound the horn when necessary and exercise proper precaution upon observing any child or any apparently intoxicated, handicapped, or incapacitated person upon a roadway.
7-2-32 Use of Seatbelt Required.
(a) Unless exempted pursuant to subsection (b) of this section, every driver in a motor vehicle shall wear a fastened safety belt while the motor vehicle is being operated on a street, and no such driver shall fail to ensure that every front seat passenger in such vehicle is wearing a fastened safety belt.
(b) The requirement of subsection (a) of this section shall not apply to:
(1) A child required by section 7-2-33, "Child Restraint System Required," B.R.C. 1981, to be restrained by a child restraint system;
(2) A member of an ambulance team, other than the driver, while involved in patient care;
(3) A police officer exempted under regulations issued by the chief of police pursuant to subsection 2-4-4(b), B.R.C. 1981;
(4) 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;
(5) 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;
(6) A rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier;
(7) A person operating a noncommercial motor vehicle 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; and
(8) The driver and passengers of a motorcycle, a public or private bus, or on any motor vehicle not required to be licensed for travel on public roads under the laws of this state.
(c) No driver of a motor vehicle shall be cited for a violation of this section unless the driver was stopped by a peace officer for an alleged violation of law other than a violation of this section.
(Ordinance Nos. 5058 (1987); 5920 (1997))
7-2-33 Child Restraint System Required.
(a) Every child who is less than four years of age, weighs less than forty pounds, and is being transported in a privately owned, noncommercial passenger vehicle or in a vehicle operated by a child care center shall be provided with a child restraint system suitable for the child's size and shall be properly fastened into such child restraint system in a seating position equipped with a safety belt or other means to secure said system according to the manufacturer's instructions.
(b) Every child, who is at least four years of age but less than sixteen years of age or who is less than four years of age and weighs forty pounds or more, being transported in a privately owned noncommercial vehicle or in a vehicle operated by a child care center, shall be provided with a safety belt system and shall be properly fastened into the safety belt system according to the manufacturer's instructions.
(c) No person shall use a safety belt or child restraint system, whichever is applicable under the provisions of this section, for children less than sixteen years of age in a motor vehicle unless it conforms to all applicable federal motor vehicle safety standards.
(d) No driver transporting children subject to the requirements of this section shall fail to ensure that such children are provided with and that they properly use the required child restraint or safety belt system.
(e) The requirements of this section shall not apply to a child that:
(1) Is being transported in a privately owned noncommercial motor vehicle in which all seating positions equipped with safety belts or child restraint systems are occupied;
(2) Is being transported in a motor vehicle as a result of a medical emergency;
(3) Is being transported in a commercial motor vehicle that is operated by a child care center; or
(4) Is the driver of a motor vehicle and is subject to the safety belt requirements provided in section 7-2-32, "Use of Seatbelt Required," B.R.C. 1981.
(Ordinance Nos. 5058 (1987); 5920 (1997))
7-2-34 Use of Earphones Prohibited.
No person shall drive a vehicle while wearing earphones.
(Ordinance No. 5241 (1989))