4800 West 92nd Avenue Westminster, CO 80031

City Government

 

1. Traffic Code

PDF version 

09/12

 

CHAPTER 1

TRAFFIC CODE

10-1-1: ADOPTION
10-1-1.5: DEFINITIONS
10-1-2: DELETIONS
10-1-3: ADDITIONS OR MODIFICATIONS
10-1-4: PENALTIES
10-1-5: APPLICATION
10-1-6: VALIDITY
10-1-7: REPEAL
10-1-8: INTERPRETATION
10-1-9: CERTIFICATION
10-1-10: REPRINTING
10-1-11: REGULATION OF COMMERCIAL VEHICLES
10-1-12: PARKING RESTRICTIONS
10-1-13: OPERATION OF REGISTERED MOTOR VEHICLES
10-1-14: OPERATION OF UNLICENSED VEHICLES
10-1-15: DRIVING THROUGH PRIVATE PROPERTY OR DRIVEWAYS
10-1-16: PARKING PERMITS
10-1-17: IMPOUNDMENT OF VEHICLES; AUTHORITY; PROCEDURE
10-1-18: CRUISING


10-1-1: ADOPTION: (2432 3052 3594)

(A) Pursuant to parts 1 and 2 of Article 16 of Title 31 and Part 4 of Article 15 of Title 30, C.R.S., as amended, there is hereby adopted by reference Articles I and II, inclusive, of the 2010 edition of the "Model Traffic Code for Colorado," promulgated and published as such by the Colorado Department of Transportation, Safety, and Traffic Engineering Branch, 4201 East Arkansas Avenue EP700, Denver, CO 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the City of Westminster. The purpose of this Ordinance and the Code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and the nation. At least one copy of the Model Traffic Code adopted herein is now filed in the office of the City Clerk and may be inspected during regular business hours.

(B) Pursuant to Parts 1 and 2 of Article 16 of Title 31, C.R.S., as amended, there is hereby adopted by reference the "Manual on Uniform Traffic Control Devices for Streets and Highways" (the “Uniform Manual”), as adopted by the Colorado General Assembly at C.R.S. § 42-4-104, and as amended from time to time. At least one copy of the Uniform Manual adopted herein is now filed in the office of the City Clerk and may be inspected during regular business hours.

(C) Pursuant to Parts 1 and 2 of Article 16 of Title 31, C.R.S., as amended, there is hereby adopted by reference the "Colorado Supplement to Manual on Uniform Traffic Control Devices for Streets and Highways" (the “Supplement”), as adopted by the Colorado Department of Transportation, and as amended from time to time. At least one copy of the Supplement adopted herein is now filed in the office of the City Clerk and may be inspected during regular business hours.

 10-1-1.5: DEFINITIONS:(3594)

(A) The following terms shall have the meanings when used in this Title.

      (1) UNLICENSED VEHICLE means any motor vehicle required by state law to be registered pursuant to Article 3 of Title 42, C.R.S., that is not properly registered, and also includes toy vehicles, go-karts, all terrain vehicles, off-highway vehicles, snowmobiles, electric personal assistive mobility devices (“EPAMDs”), golf cars, low-power scooters, and any other vehicle or device powered by an electric motor or internal combustion engine that is not generally and commonly used to transport persons and property over streets and highways, but the term does not include wheelchairs or electric assisted bicycles.

     (2) When used in this Code, terms defined in C.R.S. § 42-1-102 shall have the meaning provided therein, as may be amended from time to time.

10-1-2: DELETIONS: (2432 3052 3594) The 2010 edition of the Model Traffic Code is adopted as if set out at length save and except the following sections that are expressly deleted:

Section 117. Personal mobility devices.
Section 615. School zones – increase in penalties for moving traffic violations.
Section 1202. Parking or abandonment of vehicles.
Section 1408. Operation of motor vehicles on property under control of or owned by parks and recreation districts.
Section 1701. Traffic offenses and infractions classified – penalties – penalty and surcharge schedule – repeal.
Section 1702. Counties – traffic offenses classified – schedule of fines.

10-1-3: ADDITIONS OR MODIFICATIONS: (2432 3052 3594) The 2010 edition of the Model Traffic Code is subject to the additions or modifications as set forth in this Chapter 1 of Title X of the Westminster Municipal Code, including the following:

(A) In Section 110, “Provisions uniform throughout jurisdiction,” subsection (4) is amended to read: “The Westminster Municipal Court shall have jurisdiction over violations of traffic regulations enacted or adopted by the City Council.”

(B) Section 221, “Bicycle and personal mobility device equipment,” is amended so that the title reads, “Bicycle equipment” and each reference to “EPAMD” in the body of the section is deleted.

(C) In Section 223, “Brakes,” all references to "section 235(1)(a)" in subsection (1), are modified to read "section 42-4-235(1)(a), C.R.S."

(D) Section 225, “Mufflers – prevention of noise,” in subsection (1.5), the reference to "section 235(1)(a)" is modified to read "section 42-4-235(1)(a), C.R.S."

(E) Section 225, “Mufflers – prevention of noise,” in subsection (3), the reference to "section 205(5.5)(a)" is modified to read "section 43-4-205(5.5)(a), C.R.S."

(F) Section 228, “Restrictions on tire equipment,” in subsection (5)(c)(III), the reference to "section 235(1)(a)" is modified to read "section 42-4-235(1)(a), C.R.S."

(G) Section 229, “Safety glazing material on motor vehicles,” in subsection (4), the reference to "section 219" is modified to read "section 42-3-219, C.R.S."

(H) Section 236, “Child restraint system required – definitions – exemptions,” in subsection (1)(a), the reference to "Code 6" is modified to read "Article 6."

(I) Section 237, “Safety belt systems – mandatory use – exemptions – penalty,” in subsection (3)(g), the reference to "section 235(1)(a)" is modified to read "section 42-4-235(1)(a), C.R.S."

11/(J) In Section 239, “Misuse of a wireless telephone – definitions – penalty – preemption,” subsections (5)(a) and (b) are omitted.

(K) Section 509, “Vehicles weighed – excess removed,” in subsection (2)(b), the reference to "section 102(32)" is modified to read "section 42-1-102(32), C.R.S."

(L) In Section 613, “Failure to pay toll established by regional transportation district,” the reference to "Code 4" is modified to read "Article 4."

(M) In Section 710, “Emerging from or entering ally, driveway, or building,” subsection (3) is modified to read as follows: 

(3) No person shall drive any vehicle other than a bicycle, electric assisted bicycle, or any other human-powered vehicle upon a sidewalk or sidewalk area, except upon a permanent or duly authorized temporary driveway and except as permitted in Sections 10-1-13 and 10-1-14, W.M.C.

(N) Section 805, “Pedestrians walking or traveling in a wheelchair on highways,” in subsection (5), the reference to "section 110" is modified to read "section 42-4-110, C.R.S." and the reference to "section 111" is modified to read "section 42-4-111, C.R.S."

(O) In Section 1010, “Driving on a divided or controlled access highway,” subsection (3) is modified to read as follows:

(3) Local authorities may by ordinance consistent with the provisions of section 43-2-135(1)(g), C.R.S, with respect to any controlled-access highway under their respective jurisdictions, prohibit the use of any such highway by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic. After adopting such prohibitory regulations, local authorities, or their designees, shall install official traffic control devices in conformity with the standards established by sections 601 and 602 at entrance points or along the highway on which such regulations are applicable. When such devices are so in place, giving notice thereof, no person shall disobey the restrictions made known by such devices.

(P) Section 1012, “High occupancy vehicle (HOV) and high occupancy toll (HOT) lanes,” in subsection (2.5)(c), the reference to September 1, 2003, is deleted.

(Q) Section 1012, “High occupancy vehicle (HOV) and high occupancy toll (HOT) lanes,” in subsection (3)(b), the reference to "section 1701(4)(a)(I)(K)" is modified to read "section 42-4-1701(4)(a)(I)(K), C.R.S."

(R) Section 1105, “Speed contests – speed exhibitions – aiding and facilitating – immobilization of motor vehicle – definitions,” subsection (7)(c) is modified to read as follows:

(c) The failure of the owner of the immobilized motor vehicle to request removal of the immobilization device and pay the fee within fourteen days after the end of the immobilization period ordered by the court or within the additional time granted by the court pursuant to paragraph (d) of this subsection (7), whichever is applicable, shall result in the motor vehicle being deemed an 'abandoned vehicle,' as defined in section 1802(1)(d) and section 42-4-2102(1)(d), C.R.S., and subject to the provisions of part 18 of this Code and part 21 of article 4 of Title 42, C.R.S., whichever is applicable. The law enforcement agency entitled to payment of the fee under this subsection (7) shall be eligible to recover the fee if the abandoned motor vehicle is sold, pursuant to section 1809(2)(b.5) or section 42-4-2108(2)(a.5), C.R.S.

(S) Section 1105, “Speed contests – speed exhibitions – aiding and facilitating – immobilization of motor vehicle – definitions,” subsection (8)(b) is modified to read as follows:

(b) No person may remove the immobilization device after the end of the immobilization period except the law enforcement agency that placed the immobilization device and that has been requested by the owner to remove the device and to which the owner has properly paid the fee required by subsection (7) of this Section. Nothing in this subsection (8) shall be construed to prevent the removal of an immobilization device in order to comply with the provisions of part 18 of this Code or Part 21 of Article 4 of Title 42, C.R.S.

(T) In Section 1204, “Stopping, standing, or parking prohibited in specified places,” subsection (2)(a) is amended to read as follows:

(a) within five feet (5’) of a public or private driveway; except this subsection shall not apply to Franklin Square Subdivision nor the bulb portion of a cul-de-sac anywhere in the City.

(U) In Section 1204, “Stopping, standing, or parking prohibited in specified places,” new subsections (4)(d) and (e) are added and read as follows:

(d) Subsection (1) shall not apply to official law enforcement or emergency vehicles in the course of performing law enforcement duties or providing emergency services.
(e) Paragraph (a) of subsection (1) shall not apply to authorized service vehicles parked by public employees or their agents in the course of providing public service functions.

(V) In Section 1208, “Parking privileges for persons with disabilities – applicability,” all references to "section 204(2)" are modified to read "section 42-3-204(2), C.R.S.;" all references to "section 204(1)" are modified to read "section 42-3-204(1), C.R.S.;" all references to "section 204(1)(b)" are modified to read "section 42-3-204(1)(b), C.R.S.;" all references to "section 204" are modified to read "section 42-3-204, C.R.S.;" and all references to "section 102(17)" are modified to read "section 42-1-102(17), C.R.S."

(W) In Section 1208, “Parking privileges for persons with disabilities – applicability,” subsection (6) is modified to read as follows:

(6) Any person who is not a person with a disability and who exercises the privilege defined in subsection (2) of this Section or who violates the provisions of subsection (5) or subsection (10) of this Section commits a class B traffic infraction and shall receive the maximum fine thereunder. Any person who violates this subsection (6) by parking a vehicle owned by a commercial carrier, as defined in section 42-1-102(17), C.R.S., shall be subject to an enhanced fine.

(X) In Section 1208, “Parking privileges for persons with disabilities – applicability,” subsection (7) is modified to read as follows:

(7) Any person who is not a person with a disability and who uses a license plate or placard issued pursuant to section 42-3-204, C.R.S., to receive the benefits or privileges available to a person with a disability under this Section commits a class B traffic infraction and shall be subject to an enhanced fine.

(Y) In Section 1208, “Parking privileges for persons with disabilities – applicability,” subsection (11) is modified to read as follows:

(11) Any person who knowingly and fraudulently obtains, possesses, uses, or transfers a placard issued to a person with a disability pursuant to section 42-3-204, C.R.S., is guilty of a misdemeanor. Any person who knowingly and willfully receives remuneration for committing a misdemeanor pursuant to this subsection (11) shall be subject to twice the civil and criminal fine that would otherwise be imposed.

(Z) Section 1401, “Reckless driving – penalty,” in subsection (1), the reference to "section 127" is modified to read "section 42-2-127, C.R.S.," and subsection (2) is deleted in its entirety.

(AA) Section 1402, “Careless driving – penalty,” in subsection (1), the reference to "section 127" is modified to read "section 42-2-127, C.R.S.," and subsection (2) is deleted in its entirety.

(BB) In Section 1406, “Foreign matter on highway prohibited,” subsection (5)(b)(II), specifying a $500 penalty, is deleted.

(CC) In Section 1409, “Compulsory insurance – penalty – legislative intent,” subsection (4)(a) is replaced and shall read in its entirety as follows: “Any person who violates the provisions of subsection (1), (2), or (3) of this Section commits a criminal traffic offense.” Subsections 4(b) and (c) are deleted.

(DD) In Section 1409, “Compulsory insurance – penalty – legislative intent,” subsection (9) is deleted in its entirety.

(EE) In Section 1412, “Operation of bicycles and other human powered vehicles,” all references to "section 111" are modified to read "section 42-4-111, C.R.S;." the reference to "Code 10" is modified to read "Article 10;" and all references to "section 127" are modified to read "section 42-2-127, C.R.S."

(FF) In Section 1805, “Appraisal of abandoned motor vehicles – sale,” the reference to "Part 1 of Code 6 of this Title" is modified to read "Part 1 of Article 6 of Title 42, C.R.S.;" and the reference to "Code 6 of Title 12, C.R.S." is modified to read "Article 6 of Title 12, C.R.S."

10-1-4: PENALTIES: (2432 3594)

(A) It shall be unlawful to violate any provision of this Chapter or any provision of the Model Traffic Code for Colorado Municipalities, as adopted or amended by this Code. Such violations are traffic infractions and are hereby deemed civil matters, except those violations stated in subsection (C) of this Section.

(B) Any violation of this Code that is a noncriminal traffic infraction shall be punishable by a fine of not more than five hundred dollars ($500). As authorized by Section 1-2-24 of the Westminster Municipal Code, the Municipal Court may, by order, establish a schedule of fines for violations eligible for payment through the Violations Bureau.

(C) Any violation of any of the following provisions of the Model Traffic Code for Colorado Municipalities, as adopted and amended by the City, and any violation of Section 10-1-11 of this Code, shall be a criminal traffic offense punishable by a fine or by imprisonment or by both as specified in Section 1-8-1 of this Code.

(1) Section 1101, Speed limits, but only when the speed alleged is greater than 24 miles per hour over the reasonable and prudent speed;

(2) Section 1105, Speed contests;

(3) Section 1401, Reckless driving;

(4) Section 1402, Careless driving;

(5) Section 1409, Compulsory insurance;

(6) Section 1413, Eluding or attempting to elude a police officer; and

(7) Section 1903, School buses – stops – signs – passing.

(D) In the event that a defendant is charged with more than one traffic offense arising out of the same incident and at least one of the charged offenses is listed in subsection (C) above, the defendant shall have the right to demand a trial by jury as to all such offenses, which shall be consolidated for purposes of trial.

10-1-5: APPLICATION: (2432) This ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public place or public parking area, either within or outside the corporate limits of this municipality, the use of which this municipality has jurisdiction and authority to regulate. The provisions of sections 1401, 1402, 1413, and part 16 of the adopted Model Traffic Code, respectively concerning reckless driving, careless driving, eluding a police officer, and accidents and accident reports shall apply not only to public places and ways but also throughout this municipality.

10-1-6: VALIDITY: (2432) If any part or parts of this ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. 

10-1-7: REPEAL: (2432) Existing or parts of ordinances covering the same matters as embraced in this ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance. 

10-1-8: INTERPRETATION: (2432) This ordinance shall be so interpreted and construed as to effectuate its general purpose to conform with the State's uniform system for the regulation of vehicles and traffic. Article and section headings of the ordinance and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof.

10-1-9: CERTIFICATION: (2432) The City Clerk shall certify to the passage of this ordinance and make not less than three copies of the adopted Code available for inspection by the public during regular business hours.

10-1-10: REPRINTING: (2432) Because the Model Traffic Code for Colorado Municipalities is published by an agency of the State of Colorado in a separate bound volume, the said Code shall not be reprinted at length and inserted in the existing loose leaf binder of the Municipal Code of the City of Westminster. Reference to the Model Traffic Code as printed and bound by the State of Colorado shall have the same force and effect as if said Model Traffic Code were set forth at length and inserted within the Official Code of the City of Westminster, subject to the amendments set forth herein.

10-1-11: REGULATION OF COMMERCIAL VEHICLES: (2432 3594)

(A) No person or motor carrier shall operate a commercial vehicle on any street within the City unless such vehicle is in compliance with C.R.S. § 42-4-235, as amended, and the rules and regulations promulgated thereunder.

(B) This Section may be enforced by any City Police Officer or Firefighter who meets the inspector qualifications set forth in C.R.S. § 42-4-235, as amended, and the rules and regulations promulgated thereunder.

(C) It shall be unlawful for any person to operate a motor vehicle in violation of subsection (A) of this Section. 

10-1-12: PARKING RESTRICTIONS: (2432)

(A) The following definitions shall be used in this Section:

      (1) BUS: A motor vehicle designed to seat more than ten (10) passengers and used for the transportation of persons, either for compensation or not, including but not limited to motor vehicles operated for profit by governmental agencies and motor vehicles used for the transportation of children to and from school.

      (2) CAMPER: A non-wheeled, detachable piece of vehicular equipment which weighs over 500 pounds, used for temporary or permanent habitation, which has no independent motor power and which is capable of being placed on a vehicle but which is not capable of being towed.

      (3) CONSTRUCTION EQUIPMENT: A vehicle, whether self-propelled or not, designed for the use in the construction, maintenance, or repair of roadways, structures, and ditches, or modified for use in the construction, maintenance, or repair of roadways, structures, and ditches, the use of which on public roadways is incidental to its primary use.

      (4) FRONT YARD OR SIDE YARD ON STREET: That part of a lot which exists between any lot line which runs parallel to a street and the extension of the nearest exterior wall of the building located upon that lot.

      (5) MOBILE HOME: Any vehicle used, or constructed so as to permit its use as a conveyance upon streets and highways, constructed in such a manner as to permit occupancy as a dwelling or sleeping place for one or more persons.

      (6) MOTOR HOME: A motorized vehicle designed or used as a conveyance upon streets and highways and constructed so as to provide temporary occupancy as a dwelling or sleeping place for one or more persons, but excluding pick-up trucks with attached campers.

      (7) RESIDENTIAL DISTRICT: Any area zoned RE, R1, RA, R2, R3, R4 or R5 under Title XI of this Code, or designated as a residential area in the Official Development Plan for any Planned Unit Development, along with all land within three hundred feet (300') of such area.

      (8) SEMI-TRACTOR: A motor vehicle with a manufacturer's gross combination weight rating (GCWR) in excess of 26,001 pounds, which is designed and commonly used to draw a semi-trailer and its cargo load over the public roadways.

      (9) TRAILER: Any wheeled vehicle without motor power which may be drawn over the roadway by a motor vehicle, including camping trailers and boat trailers.

      (10) TRUCK: A motor vehicle with a manufacturer's gross vehicle weight rating (GVWR) over 11,000 pounds, equipped with a body designed to carry cargo or special permanently mounted equipment.

      (11) TRUCK TRAILER: A wheeled vehicle, the empty weight of which is more than two thousand (2,000) pounds or the length of which is greater than twenty-five feet (25'), which has no motor power and is designed to be used in conjunction with a semi-tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such semi-tractor.

      (12) VEHICLE ASSOCIATED WITH A BUSINESS: Any vehicle which has a sign affixed to it referring to a business, or any vehicle displaying special tags or insignia identified with a particular occupation.

     (13) LOADING AND UNLOADING: The uninterrupted activity of continuously moving material, equipment, goods or other items of personal property from or to a vehicle during an eight (8) hour maximum period.

     (14) RECREATION VEHICLE (RV): A motor home, mobile home, or camping trailer.

     (15) CAMPING TRAILER: A trailer constructed so as to provide temporary occupancy as a dwelling or sleeping place for one or more persons.

(B) The following restrictions shall apply to the parking of vehicles on public streets within the City of Westminster:

      (1) It shall be unlawful to park any trailer, boat, mobile home or motor home which is less than thirty-five feet (35') long on any public street or highway within any residential district of the City.

(a) It shall be an affirmative defense to a violation of this subsection that the vehicle is a recreational vehicle (RV) which is being loaded or unloaded; loading and unloading of an RV includes trip preparation or post-trip clean up or minor maintenance, but loading and unloading shall not in any event exceed 72 hours.
(b) It shall be an affirmative defense to a violation of this subsection that the vehicle is a boat or trailer (other than a camping trailer) which is being loaded or unloaded as defined in subsection (A) 13 above, but such loading and unloading shall not in any event exceed 8 hours.

      (2) It shall be unlawful to park any vehicle, including but not limited to those listed in (1) above, which is thirty-five feet (35') or more long, on any public street or highway within any residential district of the City, except for the purpose of loading and unloading.

      (3) It shall be unlawful to park truck trailers, semi-tractors, trucks, buses and construction equipment on any public street or highway within any residential district of the City; provided, however, that parking next to a construction site for which a valid permit exists shall be allowed for the purpose of loading and unloading materials.

      (4) It shall be unlawful to park any vehicle upon any public street, highway, public right-of-way, or public property in the City for the principal purpose of: (a) displaying such vehicle for sale or lease; (b) washing, greasing, painting, or repairing such vehicle except repairs necessitated by an emergency; or (c) displaying advertising.

      (5) It shall be unlawful for any camper not mounted upon a vehicle to be left upon any street or highway within the City.

      (6) It shall be unlawful to park any vehicle which is required to be licensed by Colorado Statute upon any street or highway within the City unless a valid license is properly displayed on the vehicle.

      (7) It shall be unlawful to park any vehicle upon a street or highway in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance.

      (8) It shall be unlawful to park any vehicle in such a manner as to leave available less than two feet (2') clearance between vehicles when parked.

      (9) No person shall stop, stand or park a vehicle upon a street or highway in a manner as to block the driveway entrance to any property abutting the street or highway. 

     (10)   It shall be unlawful to park any vehicle on public right-of-way located between the curb and sidewalk.

(C) The following restrictions shall apply to the parking of vehicles on private property within the City of Westminster:

      (1) It shall be unlawful to park any vehicle which is thirty-five feet (35') or more in length on any private street within any residential district of the City, or upon any residential lot within the City, except for the purpose of loading and unloading.

     (2) It shall be unlawful to park trailers, boats, automobiles, mounted or unmounted campers, or any motor vehicle in any front yard or side yard on street, unless such vehicles are parked on a driveway paved with concrete, asphalt, rock or gravel, or in a side yard behind a lawfully constructed 6 foot privacy fence.

     (3) It shall be unlawful to park any vehicle or combination of vehicles on private property so that the public sidewalk is obstructed.

     (4) It shall be unlawful to park truck trailers, semi-tractors, trucks, buses and construction equipment on any private street in a residential district, on any driveway in a residential district, on a vacant lot in a residential district or in a front yard or side yard on street; provided, however, that parking on a construction site for which a valid building permit exists is allowed for the purpose of loading and unloading materials.

     (5) It shall be unlawful to park a vehicle on any private street or private property within the City displaying that vehicle for sale or lease, except that a property owner may display one vehicle per residential dwelling unit with a "For Sale" sign or a "For Lease" sign listing the owner's address in the driveway of his residence, provided that the vehicle does not violate the requirements contained in this Section. This subsection shall not apply to car sales lots approved for such use pursuant to this Code.

     (6) Churches located in a residential district may park one multi-passenger bus on the church parking lot. Said bus is to be locked when not in use. Additional buses owned by such church shall not be parked or stored on the church parking lot, but shall be parked or stored at a location having appropriate zoning to permit such use.

(D) It shall be unlawful to park more than one vehicle associated with a business in any residential district of the City where such vehicle is visible from public or private property.

(E) Any person who fails to comply with any provision of this Section shall be guilty of a misdemeanor and, on conviction thereof, shall be punished by a fine as specified in Section 1-8-1 of this Code.

(F) The parking of any vehicle in violation of this Section is declared to be a public nuisance which may be abated pursuant to the provisions of Chapter 4 of Title IX of this Code.

(G) It shall be unlawful to park any vehicle within a designated fire lane as approved by the Westminster Fire Department. 

10-1-13: OPERATION OF REGISTERED MOTOR VEHICLES: (2432 2786 3594)

(A) Motor vehicles properly registered pursuant to Article 3 of Title 42, C.R.S., may be operated within the City only on streets and highways; public ways and alleys; parking lots open to the public; and on private property, but only with the private property owner’s consent.

(B) Section (A) shall not apply to motor vehicles operated by public employees in the course of performing official law enforcement duties or providing emergency services. In addition, section (A) shall not prohibit operation of authorized service vehicles on public property by a public employee or agent for the purpose of maintaining, repairing, surveying, or patrolling the property.


10-1-14: OPERATION OF UNLICENSED VEHICLES: (2432 2901 3594)

It shall be unlawful for any person to operate an unlicensed vehicle in the City as follows:

(A) On highways, except that a person operating a toy vehicle or golf cart may go upon a highway when crossing the highway in a designated crosswalk and when so crossing shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians.

(B) Unless the property is posted by the owner to allow such use, use of unlicensed vehicles is prohibited in the following locations:

     (1) On City-owned property, including but not limited to City-owned parking lots, City-owned park property, and City bike or pedestrian paths and trails;

     (2) On publicly held or controlled park or recreational property;

     (3) On school district-owned property or any public school grounds or campus;

     (4) On private property, including privately owned parking lots open to public use.

     (5) It shall be an affirmative defense to an alleged violation of this Section (B) if written permission has been granted by the property owner to the specific person operating the unlicensed vehicle.

(C) On sidewalks, except that except that toy vehicles may be operated on a sidewalk adjacent to private property or on a sidewalk adjacent to any public street that is not a state highway.

10-1-15: DRIVING THROUGH PRIVATE PROPERTY OR DRIVEWAYS: (2432)

(A) It is unlawful for any person to drive from a public street or public way of this City over, across or through any private property or driveway to avoid traffic-control signals, stop signs, or other traffic-control devices or as a route or shortcut from one public street or public way to another.

(B) As used in Subsection (A) of this Section, "Private Property" includes but is not limited to any property not dedicated as a public street or public way, alley, right-of-way or easement.

(C) The following shall be affirmative defenses to a charge of violation of Subsection (A) of this Section:

     (1) That the person charged is the owner of the property or driveway through or across which the motor vehicle is driven or of leasehold or easement rights therein, or of the right to the possession or use thereof.

     (2) That at the time of the violation, the action was in response to an emergency which the driver reasonably perceived was necessary to avoid a risk of substantial harm to himself or others.

     (3) The vehicle came to a complete stop and the ignition was turned off prior to the reentry of the vehicle onto public right-of-way.

     (4) The action was in response to a mechanical failure or malfunction of the vehicle.


10-1-16: PARKING PERMITS: (2432)

(A) Parking Permits Authorized. The City Clerk is hereby authorized to issue parking permits in accordance with the provisions of this Section to allow the on-street parking of motor vehicles by residents of blocks designated by the Traffic Engineer as restricted parking areas.

(B) Description of Restriction.

      (1) In a block which has been designated as a restricted parking area and in which have been erected signs that conform to the requirements of law, on-street parking of motor vehicles shall be prohibited unless there is properly displayed in the vehicle the permit provided for in subsection (E). For purposes of this Section, such a permit is properly displayed only when it is located on the dashboard of the vehicle in front of the driver's seat and the date of expiration of the permit is clearly visible through the windshield of the vehicle.

      (2) The owner, driver, or both, of any vehicle that is parked in violation of this Section shall be subject to the penalty provided for in subsection (H).

     (3) Motorcycles, mopeds, and other two-wheeled vehicles shall be exempt from this Section.

     (4) The Traffic Engineer shall determine the dates and times of day that the restrictions are in effect based upon the dates and hours of operation of the senior high school in the neighborhood.

(C) Restricted Parking Area Defined. In order to qualify as a "restricted parking area," the block shall meet the following criteria:

     (1) The block or some part thereof shall fall within 1/2 mile of the closest property line of a senior high school; and

     (2) A written petition signed by the owners or residents of approximately two-thirds of the lots with frontage on the block shall be submitted to the City Clerk requesting that the block be designated as a restricted parking area; and

     (3) The block cannot be part of the state highway system as that term is defined in C.R.S. section 43-2-101, as amended.

If all of the above criteria are met, the Traffic Engineer may designate the block as a restricted parking area.

(D) Signs. Signs indicating the parking restrictions shall be erected in a block designated by the Traffic Engineer as a restricted parking area. The signs shall give notice that parking is prohibited unless there is properly displayed in the motor vehicle a permit that is issued pursuant to subsection (E) and shall indicate the dates and times of day that the restrictions apply.

(E) Permit Application and Fees.

     (1) Upon application to the City Clerk on forms provided by the City, the City Clerk shall issue no more than five (5) permits per residence when the address of the applicant is within a restricted parking area. The applicant shall on request provide a currently valid Colorado drivers license to establish that his or her residence is within the restricted parking area.

    (2) The first two (2) permits are free and a fee of $5.00 shall be charged for each permit thereafter up to five (5) permits.

(F) Removal of Designation as Restricted Parking Area. The Traffic Engineer shall have the discretion to remove the designation of a block as a restricted parking area if any one of the following conditions occurs:

      (1) By virtue of closure of the school or change in use of the property, the block or some part thereof is no longer located within 1/2 mile of the closest property line of a senior high school; or

      (2) A written petition signed by the owners or residents of approximately two-thirds of the lots with frontage on the block is submitted to the City Clerk requesting that designation of the block as a restricted parking area be removed; or

     (3) The block becomes part of the state highway system as that term is defined in C.R.S. section 43-2-101, as amended.

(G) Violation. Vehicles parked in violation of this Section shall be towed and impounded pursuant to section 10-1-17 of this Code. In any prosecution of the provisions of this Section, proof that the vehicle described in the complaint was parking or stopped in violation of this Section, together with proof that the defendant named in the complaint was at the time of such stopping or parking, the registered owner of the vehicle, shall constitute prima facie evidence that the defendant was the person who parked or stopped, or knowingly permitted to be parked or stopped, such unattended vehicle at the place where and for the time in which such violation occurred.

(H) Penalty. A violation of this Section shall be punishable by a fine not to exceed the limits established in section 1-8-1.

(I) Permit Cancellation. The City Clerk shall cancel permits held by residents who repeatedly allow a permit to be used by nonresidents. Occasional use of a permit by a resident's invited guests shall be allowed. 

10-1-17: IMPOUNDMENT OF VEHICLES; AUTHORITY; PROCEDURE: (2432)

(A) No person shall abandon any vehicle upon private property other than his own without the written consent of the owner or lessee thereof. The City may request that the property owner furnish a copy of the written consent. The following sign shall be posted prominently on commercial locations: Vehicles abandoned for 24 hours on this property, without the consent of the owner or lessee, will be towed away at the discretion of this property owner or lessee. (1585)

(B) Subject to the procedures specified in this Section, a police officer shall require a vehicle to be removed or cause it to be removed and placed in storage in a garage or other place of safety designated or maintained by this municipality when:

      (1) The vehicle is found, attended or unattended, standing or parked upon any portion of a street, highway, or public thoroughfare within this municipality in such manner as to constitute a violation of this Code or

      (2) The vehicle has been left unattended on any portion of a street, highway or public thoroughfare and is presumed to be abandoned; or

      (3) The vehicle has been left unattended on private property or City property, the vehicle is presumed to be abandoned, and the owner or lessee of such property has notified the Police Department about the vehicle.

     (4) For purposes of this subsection (B), a vehicle left unattended on any portion of a street, highway or public thoroughfare for a period of twenty-four hours or more shall be presumed abandoned unless the owner or operator thereof has conspicuously affixed thereto information indicating his intention to return to the vehicle or has otherwise notified the Police Department of his intention to remove the vehicle. Notwithstanding such notification of intent to return and to remove the vehicle, if the vehicle has been left unattended for longer than forty-eight hours it shall be presumed to be abandoned. A vehicle left unattended on property other than a street or public thoroughfare for a period longer than twenty-four (24) hours shall be presumed to be abandoned unless prior arrangements with the owner or lessee of the property have been made regarding the vehicle. A bona fide effort shall be made by the police officer to contact the owner or operator of the vehicle prior to towing or impoundment.

(C) Notice: Whenever a police officer orders the impoundment of a vehicle, and the police officer knows or is able to ascertain the name and address of the owner thereof, the police officer shall give or cause to be given notice in writing to the owner of the fact of the removal, the reasons therefor, and of the place to which the vehicle has been removed. In the event the vehicle is stored in a designated garage, a copy of the notice shall be given to the proprietor of the garage. The written notice shall also contain the following statement:

"A police officer has ordered the towing of your vehicle. If you believe that the impoundment was improper, you have seven (7) days from the date of this notice to file a written request with the Westminster Municipal Court located at 3030 Turnpike Drive, Westminster, Colorado 80030, for a hearing regarding the propriety of this impoundment. Such hearing shall be scheduled within three (3) days (excluding Saturday, Sunday and City holidays) of the date your written request is received by the Westminster Municipal Court. The court may waive the towing and storage fees if it is found that the impoundment was improper.
If you retrieve your vehicle from impoundment you still have the right to a subsequent hearing and reimbursement if you make a timely request. You are also encouraged to also contact the Watch Commander of the Westminster Police Department for purposes of resolving the dispute concerning the impoundment of your vehicle without the necessity of having a formal hearing".

The written notice shall either be deposited in the United States Mail within twenty-four (24) hours from the time of the impoundment of the vehicle, excluding Saturday, Sunday and holidays or personally handed to the owner.

(D) Hearing. A hearing shall be conducted before the Westminster Municipal Court within three (3) days of receipt of a written demand therefor from the person seeking the hearing, unless such person waives the right to a speedy hearing in writing. Saturdays, Sundays and city holidays are to be excluded from the calculation of the three-day period. The sole issue before the court shall be whether there was probable cause to impound the vehicle in question. "Probable cause to impound" shall mean such a state of facts as would lead a person of ordinary care and prudence to believe that there was sufficient breach of law to grant legal authority for the removal of the vehicle. The court shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The person demanding the hearing shall carry the burden of establishing that such person has the right to possession of the vehicle. The City of Westminster shall carry the burden of establishing that there was probable cause to impound the vehicle in question. The burden of proof shall be by a preponderance of the evidence. The decision shall be a final decision of the Westminster Municipal Court. Failure of the registered or legal owner, or their agent, to request or attend a scheduled post seizure hearing shall be deemed a waiver of the right to such hearing.

(E) Reimbursement for improper impoundment. Upon a determination by the court that the subject vehicle was improperly impounded, the City of Westminster shall either fully reimburse the owner of the impounded vehicle for all towing and storage fees paid by the owner, or directly pay the towing and storage company for accrued fees.

(F) The hearing and reimbursement provisions contained in this Section shall only be applicable to vehicles which have been impounded by order of a police officer.

(G) No impounded vehicle shall be released to its owner until all towing charges, storage charges and administrative fees have been paid to the City, or in the case of towing and storage charges, to such private person or firm as may have performed such services at the request of the City. The owner of the vehicle may also be issued a citation for a parking violation or abandoned vehicle violation.

(H) The requirements contained within this Section relating to compliance with time periods are directory in nature. Failure of the City to strictly comply with said time periods shall not cause an automatic forfeiture of the City's rights under the Code.

10-1-18: CRUISING: (2940)

(A) It shall be unlawful for any person to operate a motor vehicle, or as owner of a motor vehicle to permit its operation, past a traffic control point three (3) times in the same direction within any three-hour period between the hours of 9:00 p.m. and 4:00 a.m.

(B) A violation of Subsection (a) shall constitute a non-criminal traffic infraction, punishable by a fine as specified in Section 10-1-4 of this Code, subject to any mandatory minimum fines, which the Municipal Judge shall not have discretion to suspend or reduce. Each successive trip past a traffic-control point after a violation has occurred shall constitute a separate violation.

(C) Signs indicating that cruising is prohibited shall be posted immediately preceding the traffic control point.

(D) The provisions of this Section shall not be applicable to the operator of a police, fire, or rescue vehicle in the conduct of official duties, the operator of a common carrier, or the operator of any motor vehicle when such motor vehicle is being operated for legitimate business purposes.

(E) Definitions: the following terms shall have the meanings hereinafter set forth.

     (1) “Owner” means any person who is the owner of a motor vehicle, or has custody thereof, and who is riding therein at the time of its operation.

     (2) “Traffic-control point” means the location of any sign indicating that cruising is prohibited, or any point designated by the city, which is located between any such signs.

(F) Minimum Fines: Minimum fines upon conviction shall be imposed as listed below, and the municipal court judge shall not have discretion to suspend or reduce these fines:

     (1) First offense- Fine of not less than one hundred twenty-five dollars ($125).

     (2) Second offense- Fine of not less than two hundred fifty dollars ($250).

     (3) Third and subsequent offenses- Fine of not less than three hundred fifty dollars ($350).

  |