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Chapter 7-4: Operation of Vehicles

7-4-1.  Obedience to Green Signal Required. Go to the top

(a)  A driver facing a circular green traffic control signal indication may proceed straight through or make any otherwise legal turning movement.

(b)  A driver facing a green arrow traffic control signal indication, shown alone or in combination with another indication, shall enter the intersection only to make the movement indicated by such arrow or any otherwise legal turning movement.

(c)  A driver proceeding on a circular green or green arrow traffic control signal indication shall yield the right of way to all traffic within the intersection or any adjacent crosswalk at the time such signal is displayed.

Ordinance No. 5241 (1989)

7-4-2.  Steady Yellow Signal. Go to the top

A driver facing a steady circular yellow or yellow arrow traffic control signal indication is thereby warned that the related green movement is being terminated and that a red indication will be exhibited immediately thereafter.

7-4-3.  Obedience to Red Signal Required. Go to the top

(a)  A driver facing a steady circular red traffic control signal indication alone shall stop at a clearly marked stop line or, if none, then before entering the crosswalk on the near side of the intersection, or, if none, then before entering the intersection and shall remain stopped until an indication to proceed is shown. Under no circumstances shall any driver wherever located cross the curb line at the near side of an intersection while facing such red signal. But:

(1)  Such a driver, after coming to a stop and yielding the right of way to pedestrians within or approaching any adjacent crosswalk and to other traffic within or approaching the intersection, may make a right turn unless a traffic control sign or other provision of this title prohibits such turn.

(2)  Such a driver, while on a one-way street and after coming to a stop, may make a left turn onto a one-way street upon which the direction of traffic is to the left of the driver after yielding to pedestrians within or approaching any adjacent crosswalk and to other traffic within or approaching the intersection, unless a traffic control sign prohibits such turn.

(b)  A driver facing a steady red arrow signal indication shall not enter the intersection to make the movement indicated by such arrow and, unless entering such intersection to make any otherwise legal movement, shall stop and remain stopped as provided in subsection (a) of this section, without exceptions (1) and (2).

7-4-4.  Non-Intersection Signal. Go to the top

(a)  If a traffic control signal is in place other than at an intersection, the provisions of this section and all other sections dealing with traffic control signals are applicable except those which by their nature can have no application.

(b)  But where a traffic control signal controls traffic at the junction of a street with a private drive, parking lot entrance, alley or the mall, the same shall be considered an intersection for the purposes of this and all other sections dealing with traffic control signals, and the prolongation of each side of the curb cut defines the intersection.

7-4-5.  Obedience to Lane Use Signal Required. Go to the top

Lane use control signals placed over individual lanes of a street apply as follows:

(a)  Downward-pointing green arrow (steady): A driver facing such signal may enter or travel in any lane over which the signal is exhibited.

(b)  Yellow "X" (steady): A driver facing such signal is thereby warned that the related green arrow movement is being terminated and shall vacate in safety the lane over which the signal is located.

(c)  Yellow "X" (flashing): A driver facing such signal may enter or travel in the lane over which the signal is located for the purpose of making a left turn or a passing maneuver, in safety, but for no other purpose.

(d)  Red "X" (steady): No driver shall enter or travel in any lane over which such signal is exhibited.

7-4-6.  Stop and Yield for Flashing Red Signal Required. Go to the top

(a)  A driver facing a traffic control signal while the red lens of the signal is illuminated with rapid intermittent flashes shall stop at a clearly marked stop line or, if none, then before entering the crosswalk on the near side of the intersection, or, if none, then before entering the intersection, before proceeding into the intersection. A driver so required to stop shall yield the right of way to pedestrians within or approaching any adjacent crosswalk and to any vehicle within or approaching the intersection on another roadway.

(b)  This section does not apply to railroad signs or signals.

Sec. 7-4-7.  Flashing Yellow Signal.Go to the top

(a)  A driver facing a traffic control signal when the circular yellow lens of the signal is illuminated with rapid intermittent flashes is thereby warned:

(1)  At an intersection, that cross traffic has a flashing red light.

(2)  At any other location, that a special hazard exists, and drivers of all vehicles shall proceed past such signal and through the hazardous location only with caution.

(b)  A driver facing a traffic control signal when the yellow arrow lens of the signal is illuminated with rapid intermittent flashes is thereby warned that opposing traffic has the right of way and the driver should proceed with caution.

(c)  This section does not apply to railroad signs or signals.

Ordinance Nos. 7824 (2012); 7996 (2014)

7-4-8.  Malfunctioning Traffic Control Signal. Go to the top

(a)  If a driver approaches or is stopped at an intersection while a malfunctioning traffic control signal is in place:

(1)  If no uncovered signal lens facing the driver is illuminated, the signal shall be considered a flashing red signal as described in section 7-4-6, "Stop and Yield for Flashing Red Signal Required," B.R.C. 1981, and no driver shall disobey the rules for flashing red signals;

(2)  A driver stopped at the required position for stopping facing a steady red traffic control signal indication may proceed in accordance with the rules for stop signs if portions of the traffic signal system at the intersection governing other lanes of travel are observed by the driver to go through two complete cycles while remaining steady red for such driver or if the lens governing the driver remains steadily red for more than four minutes; or

(3)  A driver facing a steady yellow traffic control signal indication that remains yellow for more than ten seconds shall follow the rules prescribed by paragraph (a)(1) of this section.

(b)  The defense of malfunctioning traffic control signal is a specific defense.

7-4-9.  Avoiding Traffic Control Device Prohibited. Go to the top

No driver shall turn from a street onto a private drive, parking lot, gas station or other non-street area and reenter the same street beyond a specified traffic control device or enter an intersecting street where a specified traffic control device would have controlled the movement through the intersection or past the device had the vehicle remained on the first street, without making a stop off of the street in addition to and before the stop required by section 7-4-15, "Stop Before Entering Street Required," B.R.C. 1981. The specified traffic control devices are stop signs, yield signs, traffic control signals of any color and otherwise applicable turn prohibition or regulation signs.

7-4-10.  Stop When Traffic Obstructed. Go to the top

No driver shall enter a crosswalk, intersection, or railroad grade crossing unless there is sufficient space beyond the crosswalk, intersection, or grade crossing to accommodate the vehicle without interfering with or obstructing the passage of pedestrians, vehicles, or railroad trains, notwithstanding the indication of any traffic control device to proceed.

7-4-11.  Stop at Stop Sign Required. Go to the top

A driver approaching a stop sign shall stop at a clearly marked stop line, or if none, at the stop sign.

7-4-12.  Yield Required at Stop Sign. Go to the top

(a)  A driver required to stop at a stop sign shall yield the right of way to all vehicles within the intersection or approaching on an intersecting roadway and not required to stop.

(b)  At an all-way stop intersection, a driver required to stop in obedience to a stop sign shall yield the right of way to all other vehicles that have previously executed the required stop. But as between vehicles executing the required stop simultaneously, a driver turning left shall yield to an opposing vehicle as prescribed by Section 7-4-22, "Vehicle Turning Left to Yield," B.R.C. 1981, and other drivers shall yield to vehicles on the right, as prescribed by Section 7-4-14, "Driver on Left to Yield at Uncontrolled Intersection," B.R.C. 1981.

7-4-13.  Obedience to Yield Sign Required. Go to the top

A driver approaching a "yield" sign at an intersection shall yield the right of way to all vehicles within the intersection or approaching on an intersecting roadway, slowing or stopping as may be necessary so to yield.

7-4-14.  Driver on Left to Yield at Uncontrolled Intersection. Go to the top

When two vehicles approach an intersection on different streets, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, unless a traffic control device indicates otherwise.

7-4-15.  Stop Before Entering Street Required. Go to the top

A driver about to enter a street at any place other than an intersection shall stop at the near edge of a sidewalk and a path or its prolongation, but if none, at the curb.

Ordinance No. 5241 (1989)

7-4-16.  Yield Required Before Entering or Leaving Street. Go to the top

(a)  A driver entering a street at any place other than an intersection shall yield the right of way to any pedestrian or bicycle approaching on a sidewalk or path, to any electric assisted bicycle approaching on a multi-use path where such vehicles are permitted, and to any vehicle approaching on a roadway of the street.

(b)  A driver leaving a street at any place other than an intersection shall yield the right of way to any pedestrian or bicycle approaching on a sidewalk or path, and to any electric assisted bicycle approaching in a multi-use path where such vehicles are permitted.

Ordinance Nos. 5241 (1989); 5920 (1997); 7941 (2013)

7-4-17.  Improper Starting of a Parked Vehicle. Go to the top

No driver shall move a stopped or parked vehicle unless and until such movement can be made in safety, and, except where legally angle parked, after first signaling the intention to enter the stream of traffic by the appropriate signal described in Section 7-4-29, "Method of Signaling," B.R.C. 1981, for at least five seconds.

7-4-18.  Improper Backing. Go to the top

(a)  No driver shall back a vehicle unless such movement can be made in safety.

(b)  No driver shall back a vehicle upon the roadway or shoulder of a controlled access street.

Ordinance No. 5462 (1992)

7-4-19.  Obedience to Turn Requirement Device Required. Go to the top

Where a traffic control device is in place requiring a right turn or a left turn, no driver shall disobey the requirements of such device.

7-4-20.  Obedience to Turn Prohibition Sign Required. Go to the top

Where a traffic control sign is in place prohibiting or restricting a right, left, or all turns, no driver shall disobey the directions of such sign.

7-4-21.  U-Turn Prohibited. Go to the top

(a)  No driver shall make a U-turn:

(1)  If a traffic control sign is in place prohibiting U-turns or left turns;

(2)  Upon any curve or upon the approach to or near the crest of a grade, where the turning vehicle cannot be seen for three hundred feet by the driver of any other vehicle that might approach from either direction; or

(3)  Unless such movement can be made in safety.

(b)  "U-turn" means the movement of a vehicle on a street or within an intersection or junction so as to proceed in approximately the opposite direction from that in which the vehicle was originally proceeding.

7-4-22.  Vehicle Turning Left to Yield. Go to the top

(a)  A driver turning to the left shall yield the right of way to any vehicle approaching from the opposite direction.

(b)  Vehicles stopped for a traffic control signal or stop signs facing each other at an intersection are considered to be approaching each other.

(c)  A driver intending to turn left from a lane governed by a circular green signal light at an intersection shall not enter any oncoming lane of traffic until all oncoming vehicles stopped in that lane at the intersection at the time the green signal was last displayed and not displaying a left turn signal have proceeded through the intersection. It is a specific defense that the oncoming vehicle was disabled for at least ten seconds or that the driver thereof voluntarily relinquished the right of way and gave an unambiguous signal of such intent. But nothing in this subsection shall be deemed to limit any other provision of this code.

7-4-23.  Yield to Pedestrian Required. Go to the top

A driver shall yield the right of way to every pedestrian on a sidewalk or approaching or within a crosswalk.1

Ordinance Nos. 5241 (1989); 5920 (1997)

7-4-24.  Yield to Blind Pedestrian Required. Go to the top

A driver shall yield the right-of-way to any blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog.

7-4-25.  Improper Turn Prohibited. Go to the top

(a)  A driver turning from a roadway shall do so only after giving the signal required by section 7-4-26, "Turn Signal Required," B.R.C. 1981, and in the following manner:

(1)  Right turn: The approach for the turn, the turn itself and the finish of the turn shall be made as close as practicable to the right-hand curb without driving over such curb.

(2)  Left turn: Both the approach and the finish of a left turn shall be made immediately to the right of the left-hand edge of the farthest left lane lawfully available to vehicular traffic moving in the direction of travel of such vehicle. If practicable, the turn itself shall be made to the left of the center of the intersection.

(3)  Double turn lanes: Where a traffic control sign is in place permitting a right or left turn to be made from two or more lanes, the driver of a vehicle in the lane farthest from any lane not permitted so to turn shall turn as required above and vehicles in each successive lane shall turn into the corresponding lane on the new roadway, following lane markings through the turn if present, and otherwise following a course reasonably calculated to reach that goal and to avoid interfering with vehicles turning from other lanes. No driver of a vehicle in any such turn lane shall fail to make the indicated turn, except vehicles in the lane nearest to any lane not permitted so to turn when a traffic control sign indicates that such option is permitted.

(4)  Definitions: For the purposes of this section, "approach" means the last one hundred feet, or two hundred feet where the speed limit is more than forty miles per hour, traveled on the roadway before the place at which the turn is made, and "finish" means the first one hundred or two hundred feet as calculated above traveled on the new roadway.

(b)  Two-Way Left Turn Lanes: Where a special lane for making left turns between intersections by vehicles proceeding in opposite directions has been indicated by a traffic control device, no driver shall turn left from any other lane, and no vehicle shall be driven in such special lane except while preparing for or making a left turn from or into the roadway, or while preparing for or making a U-turn when otherwise permitted by law.

7-4-26.  Turn Signal Required. Go to the top

(a)  No driver shall turn a vehicle at an intersection or junction, change lanes or otherwise turn a vehicle from a direct course, or move right or left upon a roadway, without first displaying a signal of such intention in the manner described in section 7-4-29, "Method of Signaling," B.R.C. 1981, continuously for at least the last one hundred feet traveled before making the movement where the speed limit is forty miles per hour or less and for two hundred feet upon portions of streets with higher speed limits.

(b)  Where the turning vehicle is stopped or slowed in obedience to a stop sign or signal or because of a traffic obstruction, five seconds of signal may be substituted for the one hundred or two hundred feet required by this section.

(c)  For the purposes of this section, each lane change or turn is considered, without limitation, a separate movement.

7-4-27.  Improper Use of Turn Signal. Go to the top

The turn signals described in section 7-4-29, "Method of Signaling," B.R.C. 1981, shall not be displayed by any driver except when signaling a turn, lane change or start from a parked position, and then not for a time or distance greater than is reasonable. Four-way flashers shall not be displayed by any driver except while stopped to indicate a hazard or while disabled.

7-4-28.  Braking Signal Required. Go to the top

No driver of a motor vehicle or moped shall stop or suddenly decrease speed substantially without displaying a stop signal described in section 7-4-29, "Method of Signaling," B.R.C. 1981, while so doing.

7-4-29.  Method of Signaling. Go to the top

Stop or turn signals as required by this title shall be given only as follows:

(a)  By signal lamps or signal devices of a type approved by the Colorado Department of Revenue, or

(b)  Except as provided by subsection (c) of this section, by hand and arm from the left side of the vehicle:

(1)  Left turn, extended horizontally;

(2)  Right turn, extended upward;

(3)  Stop or slow, extended downward.

(c)  Where the distance from the center of the top of the steering post of a motor vehicle in use on a street exceeds two feet to the left outside limit of the body, cab or load or fourteen feet to the rear limit of the body or load, the vehicle shall be equipped with signal lamps, and the required signals shall be given only by such lamps.

7-4-30.  Defense to Turning or Signaling Violation. Go to the top

Where a driver turns a vehicle at an intersection and turns again at or before the next intersection but at least one hundred feet from the first, it is a specific defense to a charge of violating the requirements of subsection 7-4-25(a), B.R.C. 1981, or section 7-4-26, "Turn Signal Required," B.R.C. 1981, concerning the position of finishing a turn or the length of signaling before a lane change or the next turn, that:

(a)  The distance involved between turns was too short to permit compliance with both sections, and

(b)  The otherwise prohibited maneuver was completed in safety.

7-4-31.  Vehicles Proceeding in Opposite Directions Must Pass to Right. Go to the top

Drivers proceeding legally in opposite directions upon the roadway of a street or on a sidewalk or path shall pass each other to the right.

Ordinance No. 5241 (1989)

7-4-32.  Driving on Right Side of Roadway Required. Go to the top

Upon all roadways of sufficient width, no person shall drive to the left of the centerline thereof, except as follows:

(a)  While overtaking and passing another vehicle proceeding in the same direction in conformance with all the rules governing such movement;

(b)  Where an obstruction exists making it necessary to drive to the left of the centerline of the roadway, but any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway;

(c)  Where proceeding in the proper direction upon a roadway restricted to one-way traffic as indicated by traffic control devices; or

(d)  While turning left within an intersection or junction in conformance with all the rules governing such movement.

7-4-33.  Passing on the Left Prohibited. Go to the top

(a)  No driver shall overtake or pass or attempt to overtake or pass upon the left of another vehicle proceeding in the same direction unless:

(1)  The left side of the roadway is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be, and the same shall be, made only under all of the following conditions:

(A)  The overtaking and passing is completed in safety and before coming within two hundred feet of any approaching vehicle; and

(B)  The passing is made at a safe distance to the left of any overtaken vehicle, and the overtaking vehicle is not moved back to the right until it is safely clear of any overtaken vehicles;

(2)  And none of the following conditions exists:

(A)  Approaching the crest of a grade or curve in the street within a distance that would create a hazard if another vehicle approached from the opposite direction;

(B)  Approaching within one hundred feet of or traversing any intersection or railroad grade crossing;

(C)  Any overtaken vehicle is in the process of executing a left turn from a proper lane after exhibiting a sufficient signal;

(D)  The overtaking vehicle is to the left of the centerline of a roadway with two or more lanes of travel in the direction of the vehicle's travel;

(E)  A traffic control sign or marking is in place to define a no passing zone; or

(F)  Any overtaken vehicle is stopped or slowed for a pedestrian in a crosswalk.

(b)  The prohibitions of this section except subparagraphs (a)(1)(B), (a)(2)(C) and (a)(2)(F) of this section do not apply to one-way streets. The prohibitions of this section except subparagraphs (a)(1)(B), (a)(2)(C), (a)(2)(D) and (a)(2)(F) of this section do not apply to roadways marked for two or more lanes of travel in the direction of the overtaking vehicle.

7-4-34.  Passing on the Right Prohibited. Go to the top

No driver shall overtake or pass or attempt to overtake or pass upon the right of another vehicle proceeding in the same direction upon a roadway unless:

(a)  The overtaking and passing is completed in safety on unobstructed paved roadway of sufficient width; and

(1)  It is done entirely within an unoccupied and marked driving lane on a roadway marked for two or more lanes of moving motor vehicles in the direction of the vehicle's travel;

(2)  The overtaking vehicle is turning right and overtakes or passes a single stopped vehicle that is not signaling a right turn;

(3)  A single overtaken vehicle is signaling a left turn;

(4)  The overtaking vehicle is a bicycle or electric assisted bicycle in a bike lane; or

(5)  The overtaking vehicle is a bicycle or electric assisted bicycle that is traveling to the right of vehicles stopped or moving in the right-hand lane of traffic, but:

(A)  The bicycle shall not overtake or pass the first vehicle stopped at an intersection unless the bicycle or electric assisted bicycle is preparing to turn right and the vehicle is not signaling a right turn;

(B)  The bicycle or electric assisted bicycle shall not overtake or pass a moving vehicle signaling a right turn; and

(C)  The bicycle or electric assisted bicycle shall not overtake or pass a vehicle within an intersection except as authorized by paragraph (a)(3) of this section; and

(b)  The overtaken vehicle is not stopped or slowed for a pedestrian.

Ordinance Nos. 5241 (1989); 7021 (1999)

7-4-35.  Passing Within Lane Prohibited. Go to the top

Subject to special rules applicable to motorcycles, mopeds, electric assisted bicycles or bicycles and rules permitting passing on the right, no driver of any vehicle shall pass another vehicle within the same lane. But any vehicle may pass to the left of a bicycle, electric assisted bicycle or moped within the same lane if it is done in safety and if the overtaking vehicle does not come within three feet of the bicycle or moped.

Ordinance No. 7021 (1999)

7-4-36.  Improper Lane Change. Go to the top

Where any roadway has been divided into two or more clearly marked lanes for vehicular travel in the same direction, no person shall drive a vehicle other than entirely within a single lane, and no person shall move a vehicle from a lane until such movement can be made in safety, and then only after displaying the signal required by section 7-4-26, "Turn Signal Required," B.R.C. 1981.

7-4-37.  Following Too Closely Prohibited. Go to the top

The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having regard for the speed of both vehicles and the traffic upon and condition of the street, and in no event at a distance of less than one and one-half feet per mile per hour of speed of a motor vehicle following any vehicle.

Ordinance No. 5241 (1989)

7-4-38.  Changing Lanes Prohibited. Go to the top

Whenever a traffic control device is in place prohibiting the changing of lanes, no driver shall disobey the instruction of such device.

7-4-39.  Slow Moving Vehicle Must Keep to Right. Go to the top

A driver proceeding at less than the normal and legal speed of traffic then existing upon a roadway shall drive in the lane farthest to the right then available to that class of vehicle and as close as practicable to the right-hand curb except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or junction, subject to specific rules for that class of vehicle that may provide otherwise.

7-4-40.  Cycles Not to Pass in or Between Lanes. Go to the top

Except for the special rule for bicycles described at paragraph 7-4-34(a)(5), B.R.C. 1981, the driver of a motorcycle, moped, electric-assisted bicycle or bicycle shall not overtake or pass in the same lane occupied by a four-, or more, wheeled vehicle being overtaken, nor shall any person operate a motorcycle, moped, electric-assisted bicycle or bicycle between lanes of traffic or between adjacent lines or rows of vehicles. The prohibitions of this section shall not apply to police officers in the performance of their official duties.

Ordinance Nos. 7021 (1999); 7572 (2008)

7-4-41.  When Cycles May Pass Within a Lane. Go to the top

The driver of a motorcycle, moped, electric assisted bicycle or bicycle may pass another such vehicle within a single lane, but only if it may be done in safety.

Ordinance No. 7021 (1999)

7-4-42.  Cycles Not to Ride More Than Two Abreast. Go to the top

No person shall drive a motorcycle, moped, electric assisted bicycle or bicycle adjacent to more than one other such vehicle within the same lane.

Ordinance No. 7021 (1999)

7-4-43.  Driving Wrong Way on One-Way Roadway Prohibited. Go to the top

(a)  No person shall drive the wrong way on a roadway restricted to one-way traffic.

(b)  A roadway is restricted to one-way traffic when so indicated by traffic control devices, including, without limitation, a "one-way," "do not enter," or "wrong way" sign or when the provisions of section 7-4-45, "Driving On Wrong Side of Divided Street Prohibited," B.R.C. 1981, apply. This section also applies where, had the driver obeyed a traffic control device requiring or prohibiting a turn, no violation would have occurred.

7-4-44.  Rotary Traffic Islands and Traffic Circles. Go to the top

(a)  No person shall drive past a rotary traffic island except to the right of such island.

(b)  Where yield signs are in place indicating that a traffic circle is a four-way-yield or an all-way-yield intersection, no driver entering the traffic circle shall fail to yield the right-of-way to any driver whose vehicle is already entirely or partially within the traffic circle.

(c)  Drivers entering or leaving a traffic circle are excused from the signaling requirements of section 7-4-26, "Turn Signal Required," B.R.C. 1981.

(d)  No driver of a vehicle shall overtake or pass or attempt to overtake or pass any other vehicle proceeding in the same direction within a traffic circle.

Ordinance No. 5920 (1997)

7-4-45.  Driving on Wrong Side of Divided Street Prohibited. Go to the top

Where any street has been divided into separate one-way roadways by leaving an intervening space or by a physical barrier, curb or other clearly indicated dividing section so constructed as to impede vehicular traffic, no person shall drive other than on the right-hand roadway.

7-4-46.  Driving on Median Prohibited. Go to the top

(a)  Where any street has been divided into separate roadways by leaving an intervening space or by a physical barrier, curb or other clearly indicated dividing space so constructed as to impede vehicular traffic, no person shall drive over, across or within such median space, except at a crossover or intersection established across such space if not otherwise prohibited.

(b)  This section does not prohibit a left turn across a median island formed solely by traffic control markings where such movement is not otherwise prohibited and can be made in safety.

7-4-47.  Restricted Access. Go to the top

No person shall drive onto or from the roadway of any controlled access street except at entrances and exits established or authorized by a public authority.

7-4-48.  Driving on Restricted Street Prohibited. Go to the top

Where a traffic control sign indicates that a street is prohibited to or restricted to a particular class or classes of vehicle or to particular vehicle occupancies, no driver shall disobey the direction of any such sign.

7-4-49.  Driving in Restricted Lane Prohibited. Go to the top

Where a traffic control device indicates that a lane is restricted to a particular class or classes of vehicle or to particular vehicle occupancies, no driver shall disobey the direction of any such device. Where traffic control devices restrict the lane to bicycles, such lane may also be used by electric assisted bicycles.

Ordinance No. 7021 (1999)

7-4-50.  Driving on Sidewalk Prohibited. Go to the top

(a)  No person shall drive a moped or a motor vehicle upon or within any sidewalk area or upon any sidewalk located therein or upon any path, except to cross it upon a permanent or duly authorized temporary driveway, or drive such vehicle upon any other public or private sidewalk, except with the permission of the manager or owner thereof.

(b)  This prohibition shall not apply to a City employee operating a motor vehicle owned or leased by the City of Boulder in the performance of the duties of that employment, except for the provisions regulating unattended parking, backing, speed or inattentive or reckless driving, as may be reasonably necessary to carry out the employee's assigned tasks while on the property of the city other than on the traveled portion of streets. This subsection does not exempt such an employee from obeying any of the provisions of this title applicable to roadways and streets or from compliance with otherwise applicable City regulations or policies.

(c)  This prohibition shall not apply to a private employee operating pursuant to an operating agreement or contract of service with the City and operating an authorized service vehicle in the performance of the duties of that operating agreement or contract of service, except for the provisions regulating unattended parking, backing, speed or inattentive or reckless driving, as may be reasonably necessary to carry out the employee's assigned tasks while on the property of the City other than on the traveled portion of streets. This subsection does not exempt such an employee from obeying any of the provisions of this title applicable to roadways and streets or from compliance with otherwise applicable City regulations or policies.

(d)  Notwithstanding the provisions of subsections (b) and (c), motorized vehicles shall yield to nonmotorized vehicles and pedestrians who have the right-of-way on sidewalks and paths.

Ordinance Nos. 5241 (1989); 7572 (2008)

7-4-51.  Vehicle on Mall Prohibited. Go to the top

(a)  No person shall drive or operate any motor vehicle, moped or animal-drawn vehicle on the mall except:

(1)  Authorized emergency vehicles responding to an emergency or on other official business;

(2)  Vehicles making deliveries to properties abutting the mall that cannot accept delivery in any other reasonable manner, but no such deliveries shall be made between the hours of 10:00 a.m. and 4:00 p.m.;

(3)  Vehicles used in the construction, operation or maintenance of the mall; or

(4)  Vehicles that have a permit issued by the city manager, who is authorized to issue the same for a period not to exceed forty-eight hours if the presence of the applicant's vehicle is reasonable and necessary for a special activity authorized under chapter 4-11, "Mall Permits and Leases," B.R.C. 1981.

(b)  No driver excepted from the prohibition of subsection (a) of this section shall drive on the mall unless:

(1)  The speed does not exceed five miles per hour;

(2)  The vehicle is operated in a manner that is careful and prudent for an area that is primarily for pedestrians; and

(3)  Authorized emergency vehicles responding to emergencies have emergency lights or sirens in use in accordance with subsection 7-2-12(c), B.R.C. 1981, maintenance vehicles with special warning lights display them, and all other motor vehicles have emergency flashers in use.

Sec. 7-4-52.  Careless Driving.Go to the top

(a)  No person shall drive:

(1)  In a careless, inattentive, negligent, or imprudent manner without due regard for the width, grade, curves, corners, traffic, and use of the streets or other places, or any other attendant circumstances; or

(2)  In such a manner as to violate two or more of the specific sections of this title regulating the driving of vehicles for which penalty points are assessed against the driving privilege under the statutes of the state in a single driving episode. This paragraph does not limit the application of paragraph (a)(1) of this section.

(b)  Any person who violates any provision of this section commits the offense of careless driving, and upon conviction thereof shall be punished by a fine of no more than $1,000, jail of no more than ninety days, or both such fine and jail.

Ordinance Nos. 7409 (2005); 7996 (2014)

7-4-53.  Driving on Roadway Required. Go to the top

(a)  No driver proceeding on a roadway shall drive off the roadway except at an intersection or junction in accordance with the rules governing such movement.

(b)  It is a specific defense to a charge of violating this section and sections 7-4-47, "Restricted Access," and 7-4-50, "Driving On Sidewalk Prohibited," B.R.C. 1981, that the driver was engaged in a construction project that necessitated the conduct and was acting with the permission of the owner of the property adjacent to the street.

7-4-54.  Colliding With Parked Vehicle Prohibited. Go to the top

No driver shall fail to prevent a collision between the driver's vehicle and any vehicle that is parked at a place where vehicles may legally be parked.

7-4-55.  Failure to Avoid Interfering With Vehicle Ahead. Go to the top

No driver of a vehicle to the rear shall fail to avoid colliding or otherwise interfering with any vehicle ahead that is proceeding in the same direction as the driver's vehicle or that is stopped facing the same direction as the driver's vehicle. It is an affirmative defense to a charge of violating this section that the driver of the other vehicle violated any section of this title governing right-of-way, turning, lane use, passing or parking and that such violation was the proximate cause of the collision or interference.

7-4-56.  Reckless Driving. Go to the top

(a)  No person shall drive a vehicle in such a manner as to:

(1)  Indicate either a willful or wanton disregard for the safety of persons or property;

(2)  Exceed by thirty or more miles per hour the applicable speed limit; or

(3)  In a single driving episode, violate four or more of the specific sections of this title regulating the driving of vehicles for which penalty points are assessed against the driving privilege under the statutes of the state.

(4)  Neither paragraph (a)(2) nor paragraph (a)(3) of this section limits the application of paragraph (a)(1) of this section.

(b)  Any person who violates any provision of this section commits the offense of reckless driving, 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; but on a second or subsequent conviction such person shall be punished by a fine of not less than $50.00 nor more than $1,000.00, jail of no less than ten days nor more than six months, or both such fine and jail.

Ordinance Nos. 5241 (1989); 5333 (1990); 7409 (2005)

7-4-57.  Speed Contest Prohibited.2 Go to the top

(a)  No person shall race or engage in any motor vehicle speed or acceleration contest or exhibition of speed or acceleration upon a street.

(b)  Any person who violates any provision of this section commits the offense of speed contest, 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 No. 7409 (2005)

7-4-58.  Speeding. Go to the top

(a)  No person shall drive:

(1)  Upon any street, alley, parking lot, sidewalk or path in excess of the speed limit posted thereon;

(2)  In excess of fifteen miles per hour on any alley, parking lot, sidewalk or path upon which no speed limit is posted; or

(3)  In excess of twenty-five miles per hour on any street upon which no speed limit is posted or in any other place.

(b)  Every complaint of violation of this section shall allege the speed at which the driver traveled and the speed limit applicable at the specified location of the violation. For increased penalties under paragraph (b)(5) of this section to be applicable, the complaint shall also indicate that the offense occurred in a school zone or construction zone. The trier of fact shall determine the applicable speed limit and shall determine in which of the following categories, if any, the speed fell:

(1)  Exceeding the speed limit by one through four miles per hour. This infraction carries a penalty of not more than $500.00;

(2)  Exceeding the speed limit by five through nine miles per hour. This infraction carries a penalty of not more than $500.00;

(3)  Exceeding the speed limit by ten through nineteen miles per hour. This infraction carries a penalty of not more than $500.00;

(4)  Exceeding the speed limit by twenty or more miles per hour. Any person who commits this offense is subject to punishment by a fine of no more than $1,000.00, jail of no more than ninety days or both such fine and jail; or

(5)  If alleged in the complaint, whether the offense occurred in a school zone or a posted construction zone, in which case the maximum fine for the infraction or offense shall be doubled.3

(c)  No complaint shall be dismissed if the applicable speed limit differs from that alleged, but the court may not impose a sentence for a category of speeding infraction greater than the category alleged in the complaint.

Ordinance Nos. 5333 (1990); 6033 (1998); 7409 (2005)

7-4-59.  Driving Too Fast for Conditions Prohibited. Go to the top

The fact that the speed of a vehicle is not in violation of section 7-4-58, "Speeding," B.R.C. 1981, does not relieve its driver from the duty to decrease speed to less than those limits where special hazard exists because of the presence of a pedestrian or other traffic or by reason of weather or roadway conditions, and no driver shall fail to reduce speed to a speed that permits the vehicle to be operated in compliance with all applicable requirements of this title.

7-4-60.  Driving Too Slowly Prohibited. Go to the top

No person shall drive a motor vehicle on any roadway at such a slow speed as to impede or block the normal and legal forward movement of traffic or below any posted minimum speed, except when a reduced speed is necessary for safe operation of such vehicle or in compliance with law.

7-4-61.  Obstructing Traffic Prohibited. Go to the top

No driver shall stop any vehicle upon a roadway in such a manner or under such conditions as to interfere with or obstruct the free movement of vehicular traffic, block a traffic lane or create a traffic hazard, but this section does not apply to a driver:

(a)  Engaged in the process of legally parking;

(b)  Stopped so as to avoid conflict with other traffic;

(c)  Acting in compliance with the directions of a peace officer, firefighter, flagger or traffic control sign or signal;

(d)  Stopping a vehicle because it is involved in a collision or suffers a disabling mechanical failure or because of other similar matters beyond the driver's control or remedy when such stopping is reasonable under the circumstances; or

(e)  Stopping a bus at a bus stop.

7-4-62.  Obedience to Railroad Signal Required. Go to the top

A driver approaching a railroad grade crossing shall stop within fifty feet but no fewer than fifteen feet from the nearest rail and shall not proceed unless it can be done in safety, if:

(a)  A clearly visible railroad signal gives warning of the approach or passing of a train;

(b)  A railroad employee or flagger gives or displays a signal of the approach or passage of a train;

(c)  An approaching train gives an audible signal at a reasonable distance not more than one thousand five hundred feet from the railroad grade crossing; or

(d)  An approaching or passing train is plainly visible and is in hazardous proximity to the railroad grade crossing.

7-4-63.  Certain Vehicles Must Stop at Railroad Grade Crossings. Go to the top

(a)  Before crossing at grade any tracks of a railroad, the driver of any vehicle carrying more than six passengers for hire, of any school bus carrying any school child, of any vehicle carrying explosives or hazardous materials as a cargo or part of a cargo, or of any vehicle designed to carry flammable liquids, whether empty or loaded, shall stop such vehicle within fifty feet but no fewer than fifteen feet from the nearest rail, while so stopped shall listen and look in all directions along all tracks for any approaching train and for signals indicating the approach of a train, and shall not proceed until it can be done in safety. The driver of a vehicle so required to stop shall cross only in a gear that will not require changing gears while traversing such railroad grade crossing, and the driver shall not manually shift gears while crossing the tracks.

(b)  For the purposes of this section, "hazardous materials" means any material that is a hazardous material for purposes of the federal Hazardous Materials Transportation Act, 49 U.S.C. 1801 through 1812 and regulations promulgated thereunder that is transported in the city.

(c)  This section does not apply at any railroad grade crossing:

(1)  Protected by crossing gates or an alternately flashing light intended to give warning of the approach of a train;

(2)  At which traffic is regulated by a traffic control signal;

(3)  At which traffic is controlled by a police officer or flagger; or

(4)  Where a traffic control sign carrying the legend "exempt" is erected.

(d)  Any person who violates any provision of this section commits the offense of failure to stop at railroad grade crossing 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. 5462 (1992); 6054 (1999); 7409 (2005)

Sec. 7-4-64.  Stop for School Bus Required.Go to the top

(a)  A driver meeting or overtaking from either direction a school bus stopped upon a street shall stop before reaching the school bus, if there is displayed on the school bus two or more alternately flashing red lights, and shall not proceed until the school bus resumes motion or the flashing red lights are no longer displayed. But the driver of a vehicle that is on a different roadway of a divided street than the school bus is not required by this section to stop upon meeting or passing a school bus. For the purposes of this section, divided street includes division by a painted median serving as a clearly indicated dividing island.

(b)  Any person who violates any provision of this section commits the offense of failure to stop for school bus and upon conviction thereof shall be punished by a fine of no more than $1,000, jail of no more than ninety days. or both such fine and jail.

Ordinance Nos. 7409 (2005); 7996 (2014)

7-4-65.  Method of Stopping School Bus. Go to the top

(a)  The driver of a school bus shall activate the flashing red lights and stop arm required by 42-4-1903, C.R.S., as amended, whenever stopped for the purpose of receiving or discharging a school child and at no other time. But these signals need not be activated when the school bus is stopped at a location where the traffic engineer has by prior written designation declared such activation unnecessary.

(b)  Any person who violates any provision of this section commits the offense of failure to follow method of stopping school bus 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. 5848 (1996); 7409 (2005)

Sec. 7-4-66.  Operation of Vehicle on Approach of Authorized Emergency Vehicle.Go to the top

(a)  Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the requirements of § 42-4-213 or 42-4-222, C.R.S., as amended, the driver of every other vehicle shall yield the right of way and where possible shall immediately clear the farthest left-hand lane lawfully available to through traffic, shall drive to a position parallel to and as close as possible to the right-hand curb of a roadway clear of any intersection, and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer or firefighter or the driver of the authorized emergency vehicle.

(b)  A driver in a vehicle that is approaching or passing a stationary authorized emergency vehicle that is giving a visual signal by means of flashing, rotating, or oscillating red, blue, or white lights as permitted by § 42-4-213 or 42-2-222, C.R.S., or a stationary towing carrier vehicle that is giving a visual signal by means of flashing, rotating or oscillating yellow lights shall exhibit due care and caution and proceed as described in Paragraphs (1) and (2) of this subsection.

(1)  On a highway with at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary authorized emergency vehicle or stationary towing carrier vehicle is located, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right of way by moving into a lane at least one moving lane apart from the stationary authorized emergency vehicle or stationary towing carrier vehicle, unless directed otherwise by a peace officer or other authorized emergency personnel. If movement to an adjacent moving lane is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic, the driver of the approaching vehicle shall proceed in the manner described in Paragraph (2) of this subsection.

(2)  On a highway that does not have at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary authorized emergency vehicle or stationary towing carrier vehicle is located, or if movement by the driver of the approaching vehicle into an adjacent moving lane, as described in Paragraph (1) of this subsection, is not possible, the driver of an approaching vehicle shall reduce and maintain a safe speed with regard to the location of the stationary authorized emergency vehicle or stationary towing carrier vehicle, weather conditions, road conditions, and vehicular or pedestrian traffic and proceed with due care and caution, or as directed by a peace officer or other authorized emergency personnel.

(c)  A driver in a vehicle that is approaching or passing a maintenance, repair, or construction vehicle that is moving at less than twenty miles per hour shall exhibit due care and caution and proceed as described in Paragraphs (1) and (2) of this subsection.

(1)  On a highway with at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary or slow-moving maintenance, repair, or construction vehicle is located, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right of way by moving into a lane at least one moving lane apart from the vehicle, unless directed otherwise by a peace officer or other authorized emergency personnel. If movement to an adjacent moving lane is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic, the driver of the approaching vehicle shall proceed in the manner described in Paragraph (2) of this subsection.

(2)  On a highway that does not have at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary or slow-moving maintenance, repair, or construction vehicle is located, or if movement by the driver of the approaching vehicle into an adjacent moving lane, as described in Paragraph (1) of this subsection, is not possible, the driver of an approaching vehicle shall reduce and maintain a safe speed with regard to the location of the stationary or slow-moving maintenance, repair, or construction vehicle, weather conditions, road conditions, and vehicular or pedestrian traffic, and shall proceed with due care and caution, or as directed by a peace officer or other authorized emergency personnel.

(d)  A driver in a vehicle that is approaching or passing a motor vehicle where the tires are being equipped with chains on the side of the highway shall exhibit due care and caution and proceed as described in Paragraphs (1) and (2) of this subsection.

(1)  On a highway with at least two adjacent lanes proceeding in the same direction on the same side of the highway where chains are being applied to the tires of a motor vehicle, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right of way by moving into a lane at least one moving lane apart from the vehicle, unless directed otherwise by a peace officer or other authorized emergency personnel. If movement to an adjacent moving lane is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic, the driver of the approaching vehicle shall proceed in the manner described in Paragraph (2) of this subsection.

(2)  On a highway that does not have at least two adjacent lanes proceeding in the same direction on the same side of the highway where chains are being applied to the tires of a motor vehicle, or if movement by the driver of the approaching vehicle into an adjacent moving lane, as described in Paragraph (1) of this subsection, is not possible, the driver of an approaching vehicle shall reduce and maintain a safe speed with regard to the location of the motor vehicle where chains are being applied to the tires, weather conditions, road conditions, and vehicular or pedestrian traffic, and shall proceed with due care and caution, or as directed by a peace officer or other authorized emergency personnel.

(e)  Any person who violates any provision of this section commits the offense of interference with an emergency vehicle and upon conviction thereof shall be punished by a fine of no more than $1,000, jail of no more than ninety days, or both such fine and jail.

Ordinance Nos. 5848 (1996); 7409 (2005); 7996 (2014)

7-4-67.  Eluding. Go to the top

(a)  No driver who has received or reasonably should have received a visual or audible signal, including, without limitation, a red light or siren from a peace officer driving a vehicle marked as a police, park ranger, environmental protection officer, sheriff or Colorado State Patrol car or an order given by a police officer directing the driver to stop, shall knowingly increase speed, extinguish lights in an attempt to elude such peace officer, or knowingly attempt in any other manner to elude the peace officer.

(b)  Any person who violates any provision of this section commits the offense of eluding, 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. 5241 (1989); 7409 (2005)

7-4-68.  Following or Parking Near Fire Truck Prohibited. Go to the top

No driver of any vehicle, other than an authorized emergency vehicle on official business, shall follow any fire apparatus that is using a siren or displaying any emergency lighting closer than five hundred feet or drive into or park within the block where any fire apparatus is stopped displaying emergency lighting.

7-4-69.  Crossing Fire Hose Prohibited. Go to the top

No person shall drive over any unprotected fire hose unless so directed by a peace officer or firefighter.

7-4-70.  Obedience to Peace Officers and Firefighters Directing Traffic Required. Go to the top

(a)  No person shall fail to comply with any traffic direction given by voice, hand or other signal by any peace officer or firefighter.

(b)  Any person who violates any provision of this section commits the offense of disobeying a peace officer or firefighter 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 No. 7409 (2005)

7-4-71.  Obedience to Flagger Required. Go to the top

No driver shall unreasonably disobey any visible instruction or signal of an official hand signal device of a type prescribed in the state traffic control manual when displayed to such driver by a flagger in the manner prescribed in the manual.

7-4-72.  Yield to Maintenance Worker or Vehicle Required. Go to the top

Every driver shall yield the right-of-way to any vehicle or pedestrian engaged in street work upon a street within any street construction or maintenance area indicated by a traffic control device and shall also yield the right-of-way to any authorized service vehicle engaged in work upon a street and displaying flashing lights that substantially comply with the requirements of 42-4-214, C.R.S., as amended.

Ordinance No. 5848 (1996)

7-4-73.  Neighborhood Electric Vehicle Not to be Operated on Limited Access Highway. Go to the top

No person shall drive a neighborhood electric vehicle upon or along any limited access highway. For the purposes of this section, "limited access highway" means U.S. Highway 36 from the south city limits to Colorado Avenue, Colorado Highway 157 and any other limited access highway within the meaning of that term in the Uniform Safety Code of 1935, as amended, of the state.

Ordinance No. 5920 (1997)

7-4-74.  Automated Enforcement Systems. Go to the top

(a)  The city manager is authorized to use red-light cameras to detect violations of section 7-4-3, "Obedience to Red Signal Required," B.R.C. 1981, and to use camera radar to detect violations of section 7-4-58, "Speeding," B.R.C. 1981.

(b)  As used in this section:

"Camera" means a device capable of capturing visual images, and includes, without limitation, cameras which capture images by the effect of light on chemicals on a film and cameras which capture images by converting light into electromagnetic or optical data which are stored on magnetic tape, computer memory disks or other storage media.

"Camera radar" means a device used for speed enforcement consisting of a camera and a radar unit or other speed measurement device that can be programmed to produce an image which depicts a vehicle, and which also indicates the vehicle's speed and the date and approximate time of day.

"Red-light camera" means a device adapted for use at a signalized intersection or crosswalk and that is programmed to produce an image which depicts a vehicle, the driver of which has violated the provisions of section 7-4-3, "Obedience to Red Signal Required," B.R.C. 1981, at the intersection or crosswalk, and which also indicates the vehicle's location before entering and within the intersection or crosswalk and the date and approximate time of day and the status of the applicable traffic signal. Red-light camera also includes a device which will also use sensors, camera and other equipment used to detect red-light violations to compute the speed of vehicles by recording the time the vehicle takes to activate two or more sensors set at known distances.

(c)  When a peace officer, based on evidence obtained in whole or in part by means of camera radar or red-light camera, has probable cause to believe that a vehicle has been driven in violation of section 7-4-58, "Speeding," B.R.C. 1981, or has violated the provisions of section 7-4-3, "Obedience to Red Signal Required," B.R.C. 1981, the peace officer may issue, or cause to be issued through a contractor designated by the city manager, a summons and complaint charging the person in whose name the vehicle is registered based on the license plate or any other identification of the vehicle with violation of the applicable section. If, however, the vehicle is registered in more than one person's name, the summons and complaint shall be issued to the registrant whom the issuing peace officer determines, under all the facts and circumstances, was the person most likely depicted in the image produced by the camera. The summons and complaint shall contain the signature, or a reasonable facsimile thereof, of the peace officer issuing the summons and complaint.

(d)  Proof that a particular vehicle was exceeding the legal speed limit in violation of section 7-4-58, "Speeding," B.R.C. 1981, as detected by camera radar or red-light camera, together with proof that the particular vehicle is registered in the charged person's name, shall raise the evidentiary presumption and constitute prima facie evidence in any prosecution of a violation of that section of the fact that the charged person was the person driving the vehicle depicted. However, such evidence and presumption may be rebutted by presentation of probative and competent evidence that the charged person was not the driver shown. And if the image is not of sufficient quality to permit reasonable identification of the driver of the vehicle, the presumption shall not arise.

(e)  In any proceeding in municipal court to prosecute a violation of section 7-4-58, "Speeding," B.R.C. 1981:

(1)  The image and related data produced by camera radar concerning the violation shall be admissible in court as prima facie evidence of the speed of the vehicle depicted in the image, provided that the person who activated the camera radar prior to the image being taken testifies as to the placement of the camera radar and the accuracy of the scene depicted, and further testifies that the person tested the radar unit of the camera radar for proper calibration within a reasonable period of time both before and after the taking of the image.

(2)  The image and related data produced by a red-light camera concerning the violation shall be admissible in court as prima facie evidence of the speed of the vehicle depicted in the image, provided that the person who activated and tested the red-light camera prior to the image being taken testifies as to the placement of the red-light camera and the accuracy of the scene depicted in the image, and further testifies that the person tested the red-light camera for proper operation within a reasonable period of time both before and after the taking of the image.

(3)  It shall not be necessary that the same person who did the testing before the taking of the image be the person who testifies concerning the testing which occurs thereafter. Testing and operation in accordance with the manufacturer's specifications shall be, without limitation, sufficient foundation for introduction of the evidence.

(f)  Proof that a particular vehicle entered an intersection in violation of section 7-4-3, "Obedience to Red Signal Required," B.R.C. 1981, as detected by a red-light camera, together with proof that the particular vehicle is registered in the charged person's name, shall raise the evidentiary presumption and constitute prima facie evidence in any prosecution of a violation of that section of the fact that the charged person was the person driving the vehicle depicted in the image. However, such evidence and presumption may be rebutted by presentation of probative and competent evidence that the charged person was not the driver shown. And if the image is not of sufficient quality to permit reasonable identification of the driver of the vehicle, the presumption shall not arise.

(g)  In any proceeding in municipal court to prosecute a violation of section 7-4-3, "Obedience to Red Signal Required," B.R.C. 1981, the image and related data produced by a red-light camera concerning the violation shall be admissible in court as prima facie evidence of a violation of such section, provided that the person who activated and tested the red-light camera prior to the image being taken testifies as to the placement of the red-light camera and the accuracy of the scene depicted in the image, and further testifies that the person tested the red-light camera for proper operation within a reasonable period of time both before and after the taking of the image. It shall not be necessary that the same person who did the testing before the taking of the image be the person who testifies concerning the testing which occurs thereafter. Testing and operation in accordance with the manufacturer's specifications shall be, without limitation, sufficient foundation for introduction of the evidence.

(h)  The penalty for speeding less than twenty-five miles per hour over the applicable speed limit in violation of section 7-4-58, "Speeding," B.R.C. 1981, if evidence produced by camera radar or red-light camera constituted an indispensable element of the proof, shall be $40.00.4 The penalty for violation of section 7-4-3, "Obedience to Red Signal Required," B.R.C. 1981, if evidence produced by red-light camera constituted an indispensable element of the proof, shall be $75.00. The fine doubling provisions of subsection 7-2-4(b), B.R.C. 1981, concerning traffic infractions in school zones and construction zones shall also apply to fines imposed under this subsection.

(i)  In addition to other court costs, there shall be imposed in the manner specified in section 2-6-35, "Court Costs," B.R.C. 1981, upon any defendant who did not waive service of process the additional court cost amount for service of process specified in section 4-20-55, "Court and Vehicle Impoundment Costs, Fees and Civil Penalties," B.R.C. 1981.

(j)  Because the city council, acting pursuant to its home rule authority, has adopted by ordinance an absolute speed limit system, and not a prima facie system, with respect to any warning or any other matter purportedly required under state law for automated vehicle identification systems, the reasonable and prudent speed shall be the posted speed. The city manager may cause letters concerning violations detected by automated vehicle identification systems to be sent by first class mail to the owner of the vehicle involved, informing the owner of the event and of the steps the City may take subsequently, so long as it is clear that such letters are not the formal process of the municipal court. Because nothing in this section or in 42-4-110.5, C.R.S., changes any element of the offenses of speeding or disobeying a signal light, no failure of compliance shall constitute grounds for dismissal of the charge, nor shall it preclude conviction if the underlying elements are proven.

(k)  The city manager shall not release or permit the inspection or copying of images that are evidence required to prove a violation taken by license plate recognition technology, camera radar or red-light camera for other than law enforcement purposes, unless directed to do so by subpoena from a court of competent jurisdiction, or as part of litigation or threatened litigation involving the City. But such images shall be available to the owner of any vehicle and to the driver of any vehicle depicted in any such image. Images taken by license plate recognition technology that are determined to not be evidence required to prove a parking violation shall not be released or be permitted to be inspected or copied and shall be purged on a regular schedule adopted by the city manager.

Ordinance Nos. 5954 (1997); 6033 (1998); 6073 (1999); 7143 (2001); 7394 (2004); 7409 (2005); 7445 (2005); 7778 (2011); 7824 (2012)

7-4-75.  Valid License Plate Required. Go to the top

No motorized vehicle authorized to operate on city roadways shall be operated upon any street without displaying a valid, current license plate required by the laws of the state, and without displaying the valid, current license plate or plates in the location or locations required by the laws of the state, territory or country which issued the license plate or plates displayed.

Ordinance No. 7572 (2008)

7-4-76.  Compulsory Insurance. Go to the top

(a)  No owner of a motor vehicle required to be registered in the state of Colorado shall operate the vehicle or permit it to be operated within the City when the owner has failed to have a complying policy or certificate of self-insurance in full force and effect as required by law.

(b)  No person shall operate a motor vehicle on the streets or public highways within the City without a complying policy or certificate of self-insurance in full force and effect as required by law.

(c)  When an accident occurs, or when requested to do so following any lawful traffic contact or during any traffic investigation by a peace officer, no owner or operator of a motor vehicle shall fail to present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law.

(d)  Evidence of the failure of any owner or operator of a motor vehicle to present immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law, when requested to do so by a peace officer, shall constitute prima facie evidence, at a trial concerning a violation charged under this section, that such owner or operator of a motor vehicle violated the provisions of this section.

(e)  No person charged with violating subsection (a), (b) or (c) above shall be convicted if the person produces in court a bona fide complying policy or certificate of self-insurance that was in full force and effect as required by law at the time of the alleged violation.

(f)  Any person who violates any provision of this section shall be guilty of a traffic offense and, upon conviction, shall be punished by a fine of not less than $100.00 nor more than $1,000.00, jail of no more than ninety days, or both such fine and jail. On any second or subsequent conviction under this section within a period of two years following a prior conviction under this section, such person shall be punished by a fine of not less than $200.00 nor more than $1,000.00, jail of no more than ninety days, or both such fine and jail.

Ordinance No. 7654 (2009)

7-4-77.  Stop at Crosswalk Required. Go to the top

Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

Ordinance No. 7824 (2012)

Sec. 7-4-78.  Misuse of a Wireless Telephone.Go to the top

(a)  As used in this section, unless the context otherwise requires:

(1)  "Emergency" means a situation in which a person:

(A)  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

(B)  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.

(2)  "Operating a motor vehicle" 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.

(3)  "Use" 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.

(4)  "Wireless telephone" means a telephone that operates without a physical, wireline connection to the provider's equipment. The term includes, without limitation, cellular and mobile telephones.

(b)  A person under eighteen years of age shall not use a wireless telephone while operating a motor vehicle. An operator of a motor vehicle shall not be cited for a violation of this subsection unless a law enforcement officer saw the operator use, as defined in this section, a wireless telephone.

(c)  A person eighteen years of age or older 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. An operator of a motor vehicle shall not be cited for a violation of this subsection 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.

(d)  Subsection (b) or (c) of this section shall not apply to a person who is using the wireless telephone:

(1)  To contact a public safety entity; or

(2)  During an emergency.

(e)  A person who operates a motor vehicle in violation of Subsection (b) or (c) of this section commits a traffic infraction, and the court shall assess a fine of $50. A second or subsequent violation of Subsection (b) or (c) of this section shall be a traffic infraction, and the court shall assess a fine of $100.

(f)  The provisions of this section shall not be construed to authorize the seizure and forfeiture of a wireless telephone, unless otherwise provided by law.

(g)  This section shall not apply to peace officers as defined in this code or in § 16-2.5-101, C.R.S., as amended, in the performance of their official duties.

Ordinance No. 7996 (2014)


1 Pursuant to Section 7-5-5, "Use of Crosswalk," B.R.C. 1981, a bicyclist has the rights of a pedestrian over a motorist in a crosswalk only if the approach and entry into the roadway are made at a speed no greater than a reasonable crossing speed so that other drivers may anticipate the necessity to yield when required. Pursuant to Section 7-4-16, "Yield Required Before Entering or Leaving Street," B.R.C. 1981, a bicyclist on a sidewalk or path has the right-of-way over a motorist entering or leaving an alley or driveway.

2 People v. Heckard, 431 P.2d 1014 (1967).

3 See Subsection7-2-4(b), B.R.C. 1981, concerning penalties generally for the limitation of doubled infraction fines to $500.00.

4 Paragraph 7-4-58(b)(4), B.R.C. 1981, provides for a penalty of up to a $1,000.00 fine and ninety days in jail for exceeding the speed limit by twenty or more miles per hour, so a conviction based on camera radar evidence for going twenty-five or more miles per hour over the limit would carry that potential penalty.