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Help & SupportChapter 7-3: Condition of Vehicles
No person shall drive or move upon a street any vehicle or combination of vehicles with brakes, steering, or a suspension whose condition is so unsafe as to endanger any person or property or that fails to comply with any state statute or regulation, including, without limitation, the Rules and Regulations Governing the Safety Standards and Specifications of All Commercial Vehicles, Volume 8, Colorado Code of Regulations 1507-1, as promulgated by the Colorado Department of Safety as the same may be amended from time to time, governing such equipment.
(Ordinance No. 5638 (1994))
7-3-2 Required and Prohibited Equipment.
No person shall drive or move upon a street any motor vehicle or moped or combination of vehicles:
(a) That lacks any equipment, including, without limitation, head lamps, turn signals and lamps, projecting load flag or light, stop lights, tail lamps, identification lamps, clearance lights, reflectors, horns, mirrors, windshield wipers, tires, safety glazing material, windshield, emergency lighting equipment, fire extinguishers, suspension system, and slow moving vehicle identification emblem, as required by parts 2, 3, or 4 of article 4, title 42, C.R.S., as amended, or by section 42-4-1903, C.R.S., as amended, or any state regulation governing such equipment.
(b) While required equipment as set forth in subsection (a) of this section does not otherwise comply with such statutes or regulations; or
(c) With equipment prohibited by such statutes or regulations.
(Ordinance Nos. 4817 (1984); 5546 (1993); 5848 (1996); 7334 (2004))
7-3-3 Height, Length, and Weight of Vehicles.
(a) No person shall drive, move, stop, or park on any street any vehicle or vehicles of a size, weight, or load that exceeds that permitted for such vehicle or vehicles under sections 42-4-502 through 42-4-509, C.R.S., as amended.
(b) It is a specific defense to a charge of violating this section that the driving, moving, stopping, and parking was on a state highway and in compliance with the terms of a permit issued in accordance with section 42-4-510, C.R.S., as amended.
(c) It is a specific defense to a charge of violating this section that the driving, moving, stopping, and parking occurred on a street that was not a state highway, and
(1) Was in compliance with a permit issued under the provisions of subsection (d) of this section; or
(2) Was in compliance with a permit or exclusion under section 42-4-510, C.R.S., as amended.
(d) The city manager shall issue a one time permit allowing a vehicle or vehicles that are, when loaded, oversize or overweight or both to travel so loaded over city streets upon application therefor if the manager finds that:
(1) The trip can be accomplished in reasonable safety;
(2) The trip can be accomplished without unreasonable interference with the efficient movement of traffic;
(3) The trip can be accomplished without damage to street foundations, surfaces, structures, and utilities under and over streets and without undue damage to trees; and
(4) The oversize or overweight load cannot reasonably be moved other than in an oversize or overweight condition over city streets.
The manager may prescribe the form of the application and may require information that the manager determines is reasonably necessary to make the required findings. The manager may place such restrictions on the time and route and impose such other requirements that the manager finds reasonably necessary to meet the requirements of this section and may require the posting of a reasonable bond when the manager finds there is a reasonable possibility of damage.
(e) This section does not apply to the operation of authorized emergency vehicles, buses, implements of husbandry, and farm tractors temporarily moved upon a street, vehicles operated by a public utility when required for emergency repair of public service facilities or properties, fire apparatus, self-propelled construction equipment, or highway maintenance equipment. Nothing in this section shall be deemed to relieve any person from civil liability for damage done.
(Ordinance No. 5848 (1996))
7-3-4 Adequate Muffling of Noise Required.
(a) Every motor vehicle or moped driven upon a street and propelled by a combustion engine shall be equipped with a muffler and exhaust system in constant operation and properly maintained to prevent any noise:
(1) In excess of that emitted by the exhaust system of such vehicle as originally installed by the manufacturer of such vehicle; or
(2) That is excessive or unusual.
(b) No motor vehicle or moped driven on a street shall be equipped with any muffler cut off or bypass.
(c) No motor vehicle or moped driven on a street shall emit sound in excess of that allowed in chapter 5-9, "Noise," B.R.C. 1981.
(d) No person shall own and no person shall drive any motor vehicle or moped that is in violation of any of the provisions of this section.
7-3-5 Visible Emissions Prohibited.
(a) No driver and no owner of any motor vehicle, moped, or diesel-fueled locomotive for switching and railroad yard use shall fail to prevent the emission into the atmosphere from such vehicle of any visible air pollutant in excess of that specified below:
(1) Vehicles powered by any fuel except diesel: no emissions permitted.
(2) Vehicles powered by diesel fuel: ten consecutive seconds at thirty percent opacity or greater.
(3) Locomotives: ten consecutive seconds at forty percent opacity or greater.
(b) Visible air pollutants that are the direct result of cold engine startup are excepted from the prohibitions of this section.
(c) For the purposes of this section, the following terms have the meanings specified:
"Air pollutant" means any fume, smoke, particulate matter, vapor, or gas or any combination thereof, but does not include water vapor or steam condensate.
"Cold engine startup" means the operation of any engine before it reaches its normal operating temperature while the vehicle is stationary at a location where the vehicle and its engine has been stopped for at least one hour immediately prior to the emission.
"Opacity" means the degree to which an air pollutant emission obscures the view of an observer or reduces the transmission of light. Any person certified by the Colorado Department of Health after completion of a course in observing and grading visible emissions in terms of opacity is competent to express an opinion on degree of opacity in any proceeding.
(d) Only one complaint may be filed under this section against a vehicle for any calendar day.
(e) Any person served with a summons and complaint for a violation of this section may, before the date set for arraignment, report to an environmental protection officer designated by the city manager and demonstrate that the engine in question is in compliance with this section. If the environmental protection officer finds such compliance, the officer shall direct the municipal court to dismiss the complaint. The environmental protection officer may, upon timely request in specific cases, continue the arraignment date by thirty days after notifying the municipal court if the officer finds that such time is necessary to achieve compliance and that compliance will probably be achieved within the thirty day period.
(f) The penalty for violation of any provision of this section is a fine of no more than $500.00.
(Ordinance No. 7409 (2005))
Between sunset and sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the street are not clearly discernable at a distance of one thousand feet ahead, no person shall drive a motor vehicle or moped upon a street unless the vehicle displays the lighted headlights and other illuminated lights required by part 2, article 4, title 42, C.R.S., as amended. Such lamps shall be displayed while the vehicle is being driven or is stopped but need not be displayed while the vehicle is parked in a legal parking space. Failure to display at least one headlight and one tail light constitutes a violation of this section without need to refer to the above-mentioned statutes. But a moped need not display a tail light if it is equipped with a reflector at the rear meeting the requirements of section 7-5-11, "Bicycle Headlight and Reflector Required," B.R.C. 1981.
7-3-7 Headlights Must be Dimmed.
(a) While a driver of a vehicle approaches an oncoming vehicle within five hundred feet on a roadway, such driver shall use low beams only, as these are prescribed in part 2, article 4, of title 42, C.R.S., as amended, for the type of vehicle involved.
(b) While following another vehicle within two hundred feet in the rear, a driver shall use such low beams only.
(c) The driver of a parked vehicle shall use such low beams only.
7-3-8 Lights on Parked Vehicles.
While a vehicle equipped with all reflectors required by law is parked in a place where vehicles may lawfully be parked, no lights need be displayed upon such vehicle.
7-3-9 Obstruction to Driver's View or Driving Mechanism Prohibited.
(a) No person shall drive a vehicle while it is so loaded or while there are in the front seat or seats such number of persons so situated as to obstruct the view of the driver to the front or to the sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
(b) No passenger in a vehicle shall ride in such position as to interfere with the driver's view to the front or to the sides or as to interfere with the driver's control over the driving mechanism of the vehicle, nor shall any passenger in a bus stand forward of any safety line on the floor of the bus.
(c) No person shall drive any vehicle upon a street unless the driver's vision is normal through the windshield, front right, front left, and rear windows, and any required mirrors. Vision is normal if the swept area of the windshield, and all other windows and mirrors, are clear of snow, ice, frost, condensation, dirt, and any other material that inhibits vision and if such windshield, windows, and mirrors are free of any sign, poster, or other nontransparent material that obstructs the driver's view, other than a certificate required to be so displayed by law.
7-3-10 Television Screen in Front Seat Prohibited.
No person shall drive any vehicle equipped with any television viewer, screen, or other means of visually receiving a television broadcast that is located in the vehicle at any point forward of the back of the driver's seat or that is visible to the driver while operating the vehicle.
7-3-11 Protective Eyecover Required.
No person shall drive any motorcycle on any street unless such person, and any passenger on the motorcycle, is wearing goggles, eyeglasses, or a face shield with a lens of safety glass or plastic.
7-3-12 Unauthorized Display of Public Insignia Prohibited.
No vehicle shall display any official designation, sign, insignia, or counterfeit thereof of any public authority without the permission of such authority, and no person shall own or drive any vehicle with such unauthorized marking.
(a) No person shall move or operate any vehicle, and no owner of any vehicle shall fail to prevent the movement or operation of any vehicle, on any street if the gross weight upon any wheel of the vehicle exceeds any of the following:
(1) When the wheel is equipped with a steel-tire, five hundred pounds per inch of cross-sectional width of tire.
(2) When the wheel is equipped with a solid rubber or cushion tire, eight thousand pounds.
(3) When the wheel is equipped with a pneumatic tire, nine thousand pounds.
(b) No person shall move or operate any vehicle, and no owner of any vehicle shall fail to prevent the movement or operation of any vehicle, on any street if the gross weight upon any single axle of a vehicle exceeds either of the following:
(1) When the wheels attached to the axle are equipped with solid rubber or cushion tires, sixteen thousand pounds.
(2) When the wheels attached to the axle are equipped with pneumatic tires, twenty thousand pounds. But this paragraph does not apply to vehicles equipped with a self-compactor which is used solely for transporting trash.
(c) No person shall move or operate any vehicle, and no owner of any vehicle shall fail to prevent the movement or operation of any vehicle, on any street if the gross weight upon any tandem axle equipped with pneumatic tires exceeds forty thousand pounds.
(d) For the purposes of this section, a single axle is defined as all wheels whose centers are included within two parallel transverse vertical planes not more than forty inches apart, extending across the full width of the vehicle.
(e) For the purposes of this section, a tandem axle is defined as two or more consecutive axles, the centers of which may be included between parallel vertical planes spaced more than forty inches and not more than ninety-six inches apart, extending across the full width of the vehicle.
(f) For the purposes of this section and section 7-3-14, "Gross Weight of Vehicles and Loads," B.R.C. 1981, axle scales and the method of weighing vehicles that is commonly referred to as "split weighing" or "fore and aft draft weighing," for obtaining a vehicle's axle weights and gross weight, is authorized as an acceptable and accurate method of weighing for law enforcement purposes and statistical data gathering.
(Ordinance No. 5638 (1994))
7-3-14 Gross Weight of Vehicles and Loads.
(a) No person shall move or operate any vehicle, and no owner of any vehicle shall fail to prevent the movement or operation of any vehicle, on any street if the gross weight thereof exceeds any of the limits specified below:
(1) The gross weight of a single vehicle having two axles shall not exceed thirty-six thousand pounds.
(2) The gross weight of a single vehicle having three or more axles shall not exceed fifty-four thousand pounds.
(3) The maximum gross weight of any vehicle, or combination of vehicles, shall not exceed the lesser of eighty-five thousand pounds or that determined by the formula:
W = 1,000 (L plus 40)
W = The gross weight in pounds
L = The length in feet between the centers of the first and last axles of such vehicle or combination of vehicles
For the purpose of calculating the maximum allowable gross weight of any combination of vehicles, the length of any vehicle in the combination which has a gross weight of less than ten percent of the overall gross weight of the combination of vehicles shall not be included in calculating "L," but this provision concerning weight calculation shall not apply to specialized trailers of fixed public utilities.
(4) Notwithstanding any other provision of this title, no vehicle or combination of vehicles shall be moved or operated, or be permitted to be moved or operated, on any street or bridge when the gross weight thereof exceeds any posted weight limit for such street or bridge, unless the vehicle is operating in accordance with a valid permit issued by the Colorado Department of Transportation or Colorado State Patrol pursuant to section 42-4-510, C.R.S., or by the city manager pursuant to subsection 7-3-3(d), B.R.C. 1981.
(b) No person shall move or operate any vehicle, and no owner of any vehicle shall fail to prevent the movement or operation of any vehicle, on any street if it exceeds the maximum weight allowed pursuant to a valid permit issued by the Colorado Department of Transportation or Colorado State Patrol pursuant to section 42-4-510, C.R.S., or by the city manager pursuant to subsection 7-3-3(d), B.R.C. 1981. If the vehicle exceeds its permit weight, the penalty shall be calculated as if no permit had been issued.
(c) The limitations provided in this section shall be strictly construed and enforced.
(Ordinance Nos. 5638 (1994); 5848 (1996))
7-3-15 Vehicles Weighed, Excess Removed.
(a) Any police officer who reasonably suspects that the weight of a vehicle and load is unlawful is authorized to require the driver to stop, and upon probable cause may require the driver to submit to a weighing of the same, either by requiring that such vehicle be driven to the nearest certified public scales, or by requiring that such vehicle be driven to the nearest portable or stationary scales operated by the port-of-entry, the Colorado State Patrol, or the city, in the event such scales are within a five-mile radius of the location of such stop.
(b) Except as provided in subsection (c) of this section, whenever an officer, upon weighing a vehicle and load, determines that the weight is unlawful, such officer may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed or shifted as may be necessary to reduce the gross weight of such vehicle or the weight upon a wheel or a single axle or a tandem axle of such vehicle, to limits permitted under this chapter. All material so unloaded shall be cared for by the owner or operator of such vehicle at the risk of such owner or operator.
(c) Whenever an officer, upon weighing a vehicle and load, determines that the weight is unlawful and the load consists of either explosives or hazardous materials, as defined in section 42-1-102, C.R.S., such officer shall permit the driver of such vehicle to proceed to its destination without requiring the driver to unload or shift the excess portion of such load, unless non-explosive and non-hazardous materials may be removed or shifted to cure the illegality.
(d) No driver of a vehicle, when directed by a police officer, shall fail or refuse to stop and submit the vehicle and load to a weighing or fail or refuse when directed by an officer to allow the unloading or shifting of the load of the vehicle to the gross weight of such vehicle or the weight upon any wheel or single axle or tandem axle of such vehicle permitted in this chapter, or otherwise fail or refuse to comply with the provisions of this section.
(e) Any person who violates any provision of this section commits the offense of aggravated excess weight, and upon conviction thereof shall be punished by a fine of no more than $1,000.00, jail of no more than ninety days, or both such fine and jail.
(Ordinance Nos. 5638 (1994); 7409 (2005))
7-3-16 Inspection of Unsafe Vehicles.
(a) Uniformed police officers, at any time upon reasonable suspicion, may require the driver of any vehicle other than a commercial vehicle to stop, and upon probable cause may require the driver to 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 suspicion.
(b) 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 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.
(Ordinance No. 5638 (1994))
7-3-17 Inspection and Immobilization of Commercial Vehicles.
(a) A police officer may, at any time, require the driver of any commercial vehicle to stop so that the officer may inspect the vehicle and all required documents for compliance with the Rules and Regulations Governing the Safety Standards and Specifications of All Commercial Vehicles, Volume 8, Colorado Code of Regulations 1507-1, as promulgated by the Colorado Department of Safety, and as the same may be amended from time to time.
(b) A police officer may immobilize, impound, or otherwise direct the disposition of a commercial vehicle when it is determined that the motor vehicle or operation thereof is unsafe and when such immobilization, impoundment, or disposition is appropriate under the Rules and Regulations Governing the Safety Standards and Specifications of All Commercial Vehicles, Volume 8, Colorado Code of Regulations 1507-1, as promulgated by the Colorado Department of Safety, and as the same may be amended from time to time.
(Ordinance No. 5638 (1994))
7-3-18 Overweight Vehicle Penalty.
(a) The penalty for exceeding the wheel or axle load limits of section 7-3-13, "Wheel and Axle Loads," B.R.C. 1981, or the gross weight limits of section 7-3-14, "Gross Weight of Vehicles and Loads," B.R.C. 1981, shall be as follows:
| Excess Weight - Pounds | Penalty |
Surcharge |
|---|---|---|
| 1 - 3,000 | $ 15.00 | $ 5.00 |
| 3,001 - 4,250 | 25.00 | 9.00 |
| 4,251 - 4,500 | 50.00 | 18.00 |
| 4,501 - 4,750 | 55.00 | 20.00 |
| 4,751 - 5,000 | 60.00 | 22.00 |
| 5,001 - 5,250 | 65.00 | 24.00 |
| 5,251 - 5,500 | 75.00 | 27.00 |
| 5,501 - 5,750 | 85.00 | 31.00 |
| 5,751 - 6,000 | 95.00 | 35.00 |
| 6,001 - 6,250 | 105.00 | 38.00 |
| 6,251 - 6,500 | 125.00 | 46.00 |
| 6,501 - 6,750 | 145.00 | 53.00 |
| 6,751 - 7,000 | 165.00 | 61.00 |
| 7,001 - 7,250 | 185.00 | 68.00 |
| 7,251 - 7,500 | 215.00 | 80.00 |
| 7,501 - 7,750 | 245.00 | 90.00 |
| 7,751 - 8,000 | 275.00 | 101.00 |
| 8,001 - 8,250 | 305.00 | 112.00 |
| 8,251 - 8,500 | 345.00 | 127.00 |
| 8,501 - 8,750 | 385.00 | 142.00 |
| 8,751 - 9,000 | 425.00 | 157.00 |
| 9,001 - 9,250 | 465.00 | 172.00 |
| 9,251 - 9,500 | 515.00 | 190.00 |
| 9,501 - 9,750 | 565.00 | 209.00 |
| 9,751 - 10,000 | 615.00 | 227.00 |
| 10,001 - 10,250 | 665.00 | 246.00 |
| Over 10,250 | $30.00 for each 250 pounds additional overweight, plus $665.00 |
$11.00 for each 250 pounds additional overweight, plus $246.00 |
If one vehicle or combination of vehicles exceeds more than one weight limit in any one occurrence, only the penalty for the greatest violation may be imposed.
(b) The clerk of the municipal court shall separately account for the surcharge, and shall remit it periodically to the court administrator for the 20th Judicial District for credit to the victims and witness assistance and law enforcement fund established pursuant to state law.3
3 See 24-4.2-101 et seq., C.R.S.