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ORDINANCE 112-47
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PEDESTrWN:ny person afoot. DRIVER OR OPERATOR:.ny person who is in actual physical control of a vehicle. TPFFIC:Pedestrians,ridden or herded animals,vehicles and other conveyances,either singly or together,while usi any street for purposes of travel. RIGHT-OF-WAY:The rivilege of the inmediate use of the street or Ii:1iVy. PgRNING-:The standing of a vehicle,whether occ upied or not,uponaroadway,otherwise than temporarily for the purpose of and whileactuallyenadIloadingorunloading,or in obedience to traf fic regulations or traffic igns or sinls. OFFICIiL TFFIC SIGNS:ll signs,markings and devices other than signals,not inconsistent itic this C’rdinance,placed or erected byauthorityoftheTownBoard,for the purnose of guiding,directing, warning,or regulating traffic. OFFICIL TR’FIC SIGNLS:.tll signs not inconsistent with tIis Ordinance,placed or erected by authority of the Town Board for thepurposeofguiding,directing,warning or regulating traffic. TRAFFIC CONTROL SIGiLL:riy device whether manually,electrically or mech..nically operated,by v.hich traffic is alternately directedtostopandproceed. POLICE OFFICER:Every officer of the Police Department,or any officer or person autharized to direct or regulate traffic forviolationsoftrafficregulations. BUSIIS5 DISTRICT:The business district as referred to in thisOrdinanceScllbedefinedasfollows:E]Jhorn venue froni ProspectDrivetotheintersectiunwiththeSt.Vram hihwy at the oridgeacrosstheBigThomnsonRiver;Park venue;MacGregor Lane from ParkvenuetoElkhornvenue;nderson Lana from Prospect Drive to Elk-horn -veriue,Moraine Drive from ElkIyorn .ivenue to the interscction with the Moraine Park road;VJest Riverside Parkway;East RiversideParkwayfromElichornvenuetothebridgeacrosstheBigThomsonRiver. RESIDENCE DISTRICT:Shall be all thit part of the Town of EstesParknotincludedintheBusinessListct. V ©9 :hTICIE II. EORCNT PUBLIC CFFIC2d D iLOh To C3Y CT -EC2I-- TIOPS 1RC2LC7 ZICLS. Section 1.That it shall be the duty of the Police Department to enforce the provisions of this Ordin nce.Officers of the Police Department are hereby authorized o direct all trffi a,either in person cr by means of visi ble or .uuible sianals,in conformance vith the provisions of this oroinatce,provided tLt in the event of a fire or other eraergency or to expedite traffic or safeguard pedestrians,officers of the Police or ire Department may direct traffic us conditions may require,notvitl1standiu the provisions of this Crdiince. Section 2.That the Tovn Marshul is hereby empoered to make and enforce rer;ulations necessary to make effective the provisions of this Ordinance,to make ond enforce temporury regulations to cover emergencies or specil conditions. SectIon 3.Po person sall wilfully fail or refuse to comply with any lawful order or directLon of any police officer invested by ls’ with authority to direct,control or regulate traffic. Section 4 (a)The rrovisions of this Ordinance applicable to dri vers of vehicles upon the highways shli apply to the drivers of all vehicles ovned or operstod by the United States,tis State or any County,City,Town,histrict,or any other political subdi-ision of the Stte,subject to such’specific e:ceptions as are set forth in tuis Ordinance with refererlce to autluri:ed emerenc vehicles. to)The driver of any authorized emergency vehicle when responding to an emergency call upon ap)roacLin,a red or siop signal or any stop sgn shall slow down us neceasary for safety but may proceed cauious±y past such red or stop SiJi or signal if using an sutnor ized errergency signalling device such as -eirer,bell or exhaust iistle.t other times drivers of auti;oried emergency vehicles shall stop in obedience to a stop si or signal. (c)The provisions of this Urdinance shall not apply to persons, teams,motor vehicles and other equipment while octully engaged in work upon the surfaces of a 1;ihwuy but shall apply to such persons and vehicles when travolling to or froL,such work. Section 5.That the provisions of this ardinonce regulating the movement,parking and standing of vehicles shall not apply to authorized emergency vchiclcs as defined in this braLiance while the driver of such vehicle is operatin0 the sa±ze in on emergency in the necessary performance of duty.This exemption shall not,however, protect the driver of any such vehicle froLl the consequences of an unnecessary and reckless disre0ard of the safety of others. —3— Section 6.That every person propelliag any push-cart or riding a bicycle or an aninal upon a roadvay,and every person driving any apimal,shall be subject to the provisions of this Ordinance applicable to the operator of any vehicle,except those prov sions iith reference to the equi.-sent of vehicles,and except those provisiona hich by their very nature can have no applica tion. RTICLE III. TRFFIC SIGNS -SIGNLS Section i.(a)That the Town Board shall determine and designate the character and type of all official signs and signals and shall cause the same to be placed and maintai:ed.ll signs and sianals for a particular purpose shall,so far as practicable,be uniform as to type and location,and shall be in accordance vJth the speci fications aS may be adopted by the State ighay Department of the State of Colorado. (b)Tht no provisions of this Ordinance for hich signs are re quired shall be enforced against an alleged violator,ir at the time and place of the alleged violation,the sign herein required or authorized is not j proper position and sufficiently legible to be seen by an ordinarily observnt person.henevcr a particu lar section does not state that signs are required or authorized, such section shall be effective without signs being erected. Section 2.‘henever traffic is controlled by traffic-control signals exhibitinL.the ‘ords “CaUTION”,or “STOP”,or exhibiting diffe rent colored lights successively one at a time,the folloing colors only shall be used and said terms and lights shall indicate as follows: (a)Green alone or “GO.” 1.Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn.But vehicular traffic shall yield the right-of-ay to other vehicles and to pedestrians lafully vithin the intersection at the time such signal is exhibited. 2.PedestriAns fucin:the signal may proceed across the roadvuy within any marked or unmarked crosmalk. (b)Yello alone or “5 UTION when shon followin the green or “GO” signal. 1.Vehicular traffic facing the sia:al shall stop before entering the nearest crosswalk at the intersection,but if such stop cannot be made in safety a vehicle may be driven cautiously through the inter— s e c ion. 2.Pedestrians facing such signal are thereby advised t ut there is insufficient tLr.:e to cross the roadway,and any pedestrian then starting to cross shall yield the right-of-vay to all vehicles. 3.Yellow alone or ttCaUTIC!Nt shall be used only foiloving a green or “GO”aignal. (c)Red alone or “TOP” 1.Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intSection or at such other points as may be indicated by a clearly visible line and shall remain stand ing until green or “GO”is shown alone. 2.iTo pedestrian facing such siLnal shall enter the roadway un less he can do so safely and aithout interfering with any vehicular traffic. fd)henever flashing red or yellow signals are used they shall re quire obedience by vehicular traffic as follows: 1.Flashing red (stop signal).lien a red lense is illuminated by rpid intermittent flushes,drivers of vehicles shall stop before entering the nearest crosswalk at an intersecion or at a limit line when marked and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. 2.Flashing yeluw (caution ignl).when a yellow lens illumi nated with rapid intermittent flashes,drivers of vehicles may pro ceed through the intersection or past such signal only with caution, arid in no event at a speed greater than 15 miles per hour. Section 3.o person shall ‘ithout lawful authority utternt to or in fact alter,deface,injure,knock down,or remove any official traff c-control device or any railroad sign or signal or any inscrip tion,shield,or insigniO thereon,or any other part thereof. Section 4.That the Town ayor is hereby authorized to establish, designate and maintain crosswalks,by appropriate devices,marks,or lines upon the surface of the roe:aay,at intersections where in his opinion there is particular danger to pedestrians crossing the road way,and at such other places as he nay deem necessary. SecLion 5.That the Town Mayor is authorized to monk lanes for traf fic on street pavements at such places as lie may deen advisable,con sistent with the provisions of this Ordinance,and may indicate lanes for left turns. Section 6.That the Town Mayor is hereby authorized and required to place and maintain,or cause to be placed and maint;ined,on each and every street intersectina a “Stop”or “Through Street,”and at or near the property line of the “Stop”or “Through Street,”appropriate signs upon the street (and,in addition thereto,may place and maintain any aptropriate devices or marks in the roadway),such signs,devices,or marks to bear the word “Stop”and to be located in such position and to be provided with letters of a size to be cleari legible from a uistance of at least 100 feet alon.the street Thtersecting the tStOo?? or “Through Street.”such signs shall be illuminated at night or so placed as to be illuminated by the headlights of an approaching motor vehicle or by strcet lights. —5— R1IGL IV. ACCII iffIS Section 1.The driver of any vehicle directly involved in en ac cident resulting in injury to or death of any person or any property damage to on apparent extent of lO.OO or more,shell t once make report of such accident to the iolice headquarters of the Town of stes irh,and shell rerrwin at the niece of the accident until a member of t1e Police Dewnrtment shall have an opportunity to investi gate such accident;said driver shcll give such information as ay be demanded by the merber of the Police Ldepertment,and in such form as may be required. Section 2.‘thenever the driver of a vehicle involved in an accident is physically incapable of oaing report thereof to the }olice Depart ment and there tmas another occupant in the vehicle at the time of the accident capable of maing a report,such occupant shall make such reort and shall remain at the place of the accident until a member of the Police Lepartment Las hod an opportunity to investigate the same. JiCLE V. LhIVIhC IL INIu {U..JW,ThLIf.II’iELUi OF LTGS Oh OThER I1CAPCfldf ZCi LESS LJVING Section 1.That it shell be unlawful for any person who is an habitual user of narcotic drugs,or any person who is under the influence of intoxicating liquor or any narcotic drug,to drive any vehicle upon any street or other puhlic way. Section 2.(a)It shall be unlawful for any person to (nyc or operate any vehicle upon any street or highway in a careless or reck less anner. (b)Any person who drives any vehicle in such a manner as to indicate either a willful or a wanton disregard for the safety of persons or property shall be guilty of reckless driving. Section 3.(a)That it shall be unlawful for any person under the age of 16 years,or for any person physically or mentally disabled or incapacitated in any particular,te porarily or permanently,to operate or drive a motor vehicle upon the streets of the Town of Estes Park,provided such disability or incapacity is such as to interfere with the ready and safe operation of same. (b)That it shall be unlawful for the owner,or any person having charge or control of any motor vehicle,to eriit any prohibited nerson, as in subsection (a)to operate or drive the sane. L1ICLL VI. 1m•L 1ES±CTIOiS Section 1.(a)It shall be unlawful for any person to drive a / — 3 F’1r ))L. vehicle on the streets end hihways DI the Town of at a speed greater than is reasonable and prudent under the circumstances then existing. (b)There no special hazard exists the folloving speed shall be lawful, and any speed in excess of said limits &all be unlawful. 1.-—miles per hour in any business district; 2.ii]es per hour in any residence district. (c)The fact that the speed of a vehicle is lower than the fore going limits shall not relieve the driver Iron tIe duty to decrease speed when ap1roaching or crossing an intersection,or when special hazard exists with res:ect to pedestrians or other traffic or by reason of weather or iiihway conditions,and speed shall be decreased as may be necessary to avoio colliding with any person,vehicle,or other conveyance on or entering the highway in compli-nce with leal re quirements and the duty of all persons to use due care. (d)henever the Town hoard shall determine upon the a sis of an engineering and traffic investigation that the speed permitted under this Ordinance on any street or part of street is greater than reason able or safe under the conditions found to exist on such street or part of street,the Town 3oard may,by resolution,declare a speed limit thereat which shall be effective when appropriate signs giving notice t’ereoI are erected on such street or part of street,or upon the approaches thereto. fe)In every charge of violation of this section the complaint,also the sunI ens or notice to anpear,shall specify he speed et which the defendant is alleged to have driven,also tie siDeed applicable within the district or at the location. (I)The foregoing provisions of this section shall not be construed to relieve the ulaintiff in any civil action from the burden of proving negligence upon the nart of the defendant as the proximate cause of an accident. Section 2.(a)iO person shall drive a motor vehicle at such a low speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. (b)Police officers are hereby authorized to enforce this rovision by directions to drivers,and in the event of arnarent rillful dis obedience of this provision and refusal to comply nith direction of an officer in accordance herewith the continued slow operation by a driver shall he a isdemeanor. Section 3.The speed limitations set forth in this Ordinance shall not an1y to authorized emergency vehicles when responding to seergency calls and the drivers thereof soune audible sinal oy dell,siren,or exhaust whistle.This provision shall not relieve the driver of an authorized e ergency vehicle from the duty to drive with due regard —7— to the safety of afl persons using the street nor shall it protect the driver of any such vehicle from the consequences of a reckless disregard of the safety of others. i i lOLL VII. LhIVIIG Oi IGLT gIbE.Z.lLL IG, P.SdING,biG. Section 1.(a)That upon all highaavs of sufficient width,a vehicle shall be driven upon the right half of the highwaV e:cept when the right half is out of repair and for such reason impassable, or when overtaking and passim another vehicle,subject to the limitetiors set forth in Section three. (b).t’hat in drivin upon the right half of the highway,the driver shall drive as closely as practicable to the right hand edge or curb of the highway except when overtaking or passing another vehicle, or when nlacing a vehicle in position to make a left turn. (c)That in crossing an intersection oï a street or highway,the driver of a vehicle sbll at all times cause such vehicle to travel on the right half of the highmaT unless such right half is out of repair and for such reason impassable. Section 2.That whenever any street or hihv’ay has been divided into clearly mared lanes of traffic,vehicles shall normally be driven in the lane nearest the right-hand edge or curb of the highway when said lane is available for travel,except then overtal:1mg another vehicle or in preparation for a left turn. Section 3.That except as dthervise provided in this section,the following rules shall govern the overtaking and passing of vehicles: (a)That the driver of a vehicle overtaking another vehicle proceed ing in the same direction,shall pass to the left thereof at a safe distance and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle;but no vehicle shall pass another vehicle ithi a stret intersection. (b)That the driver of an overtaken vehicle shall give way to the right in favor of an overtaking vehicle on suitable and aucible signal,and shall not increase the speed of his vehicle until com pletely passed by the overtaking vehicle. (c)The provisions of subdivisions (a)and (h)of this section shall not he construed to prohibit a driver overtaking and passing upon the right of another vehicle which is making or about to make a left turn. (d)That the driver of an overtaking motor vehicle,then traveling under conditions necessary to insure safe operation,shell give audible warning with his horn or other device before passing or attempting to pass a vehicle proceeding in the sse direction. 1 r1-VT.1 L’.eL V I C’Tfl T .LCJ..L Z.I.DJ.jILJ.LIJLL’J iLb .L section 1.It shall be -unlawful for the operator ol any vehicle to turn any vehicle so as to proceed in the opaosite direction (U Turn)except at a street intersectioz (which shall not he constured to mean an intersection of a street and alley)and then not unless such movement can be made in safety and without backing or otherwise interfering with other traffic,and provided that suci turnin shall not be made at any intersection so designated by resolution of the Town bo;rd and clearly marked by appropriate signs. section 2.That the operator of a vehicle emerging from an alley or private orivenay or from any garage,filling station or building shall completely stop such vehicle immediately prior to driving onto a side walk or onto the sidewalk area extending across such alley or private arage,and before proceeding,shall give an audible signal of lis inten;ion to so proceed. Section 3.(a)The Town Vayor may at such intersections as he nay deem necessary for proper direction of traffic,paint directional lines of travel and place buttons,markers or signs at such inter sections indicating the proper direction of traffic. (b)That the driver of a vehicle inteflding to turn at an intersection shall do so as follows,u less a different mctbod of tirnine is directed by an of.icor or by buttons,markers,directional lines of travel or signs at intersections,in which event turns shall be made in accordance with the directions ol such officer,w.rkers, buttons,directional lines of travel or signs: 1.That auproaci for a right turn shall be made in t1e lane or position for traffic nearest to the right hand side of the highway, and the right turn shall be made as closely as nracticsble to the riht hand curb or edge of the highway. 2.That approach icr a loft turn shall be made in the lane or po sition for t:aific to the right of and nearest to the center line of the highway,and the left turn sPell ‘e made by passing to the right of such center line vfiere it enters the intersection,and.upon leavin, the intersection by passing to the right of the center line of the highway,then entered.ITo left hand turn shall be made from or into any alley or private driveway in the business district. Section ±.(a)ho person shall turn a vehicle from a direct course upon a highway unless and until such movement can lie made with reason able fety and then only after giving a clearly audille signal by sounding the horn if any pedestrians may he affected by such move ment or after-giving an appropriate signal in the manner hereinafter provided in the event any other vehicle may be affected by such move ment. (b)1 signal of intention to turn right or left shall be given con tinuously during not less than the last 50 feet traveled by the vehicle before ti rning,regardless of tile weather. Q (c)No person shall stop or suddenly decrase the speed of a vehicle without first giving an anpropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear. Section 5.The si:nals herein requied shall be given either by means of the hand and ar signal or by a signal lamp or signal device of a type approved by the Town ayor,but when a vehicle is so constructed or loaded tlit a ha.1d rvd arm si:nal would not be visible both to the front and rear of such vehicle then said si!al must he given by such a lamp or device. section 6.All si;nals herein required given by hand and arm shall be ivan from1 the left side of the vehicle in the following rmnner and such sigials shall indicate as follows: 1.Left Turn--Hand and arm extended horizontally. 2.hiç;ht Lurn-—Eand and arm extended upward. 3.Stop or Lecrease of 3peed——Hand and arm extended downward. Tr9Tt’.j.U RIU+IT OF iAY Section 1.(a)That every driver of a vehicle approaching the inter section of a street shall yield the right—of—way at such intersection to any ‘nhicle approaching from the riht,and when two vehicles aporoach the same intersection at the sae time,the river of the vehicle on the left shall decrease the speed to 10 miles per hour and have his vehicle under control before crossing such intersection, and it shall be his duty to yield to the vehicle an the right;ro— vided,however,that at intersections vtere traffic oflicers are stationed,or traffic control signals are installed and operating, traffic shall move in conformity with the directions given by said traffic officers or the signals given by said traffic control signals. (b)That the rvei’of any vehicle who has stopped as required by law at the entrance to a “Stop”or “ihirogh Street”nay then proceed into or across said “Stop’or “Through Streettt and shall have the sane intersectional right-of—wa and duties as nrovided in paragraph (a)of this section. (c)That the driver of a vehicle within an intersection intending to turn to the left,shall yield to any vehicle enproaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard,but said driver having so yielded end having iven a visible sinal when and as proTided by law,may make such left turn,and other vehicles a’proncY:ing the intersection from said opnosite direction shall yield to the driver making the left turn. (d)That any driver or operator,while exceeding the speed limit or violating any other provision of this Ordinance,shall have no right- 01-way whatsoever. -10- PhLhS1itI1i$,hIGH$AD DTTT LS Section 1.edestrians shall be subject to traffic control signals at inersections as heretofore declared Ln this Ordinance,but at all other places pedestrians shall he accorded the privilees end shall be subject to the restrictions stated in this Ordinance. Section 2.(a)There traffic control siLnals are not in piece or in operation the driver of a vehicle shall yield the ri ].to:way, sloing doui or stopping if need be to so yield,to a pedestrian, crossin!the roedway within any marked crossv.-alk at an intersection, excent as otherwise provided in this Ordinance. (b)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 overta]e and pass such stopped vehicle. Section 3.(a)Lvery pedestrian crossing a roadway at any point other than.within a marked crosswalk or within an unmaried cross— aalk at an inbersection shall yield the right—of—way to all vehicles upon the roadway. (b)hetween adjacent intersections at which traffic control signals are in operation pedestrians shall not cross at any place excent in a mared crosswalk. (c)Notwithstanding the provisions of this section every river of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any street or hi hvay and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon any street or highway. iection +.Pedestrians shall move,whenever practicable,upon the right half of crosswalks. Section 5.(a)Pedestrians walking along the highways where side walks are not provided,shall walk on the left side of tiie highway facing approaching traffic. (b)do person shall stand in any street or highway for the purpose of soliciting a ride from the driver of any privfie vehicle. -.iL±JJ.J .. SPi.CI.L STLI-o--oQPPILg-,HA.DING .b section 1.(a)That Elkhorn avenue throughout its entire length except at intersections where traffic control signals are placed, is hereby declared to be a “iThrough Street. -11- S a S ••i;q%t (b)That the Town ‘3oard may b;resolution designate such other streets or ports thereof “Stop”or “Throuch Jtreets”as it may deem nece s se ry. Cc)That ever;’operator of a vehicle or other conveyance traveling upon any street intersecting any ‘Stop Street”or “Through Street” so desinated shall completely stop such vehicle or conveyance at the plece irhere such street neets the prolon ation of tile nec rest property line of such “Stop”or “Through Street”;subject,however,to the direction of any traffic control sign or signal or any police officer at such intersection. Section 2.That upon the appronch of any authorized emergency vehicle or vehicles giving audible signal by bell,siren or exhaust whistle, the operator of every other vehicle shall in ediately drive the sane to a position as near as possible and prrallel to the right hand edge or curb of the street,clar of any.intersection,and shrll stop and renain in such position until the authorized emercenc:’vehicle or vehicles shall have passed,unless otherv:ise directed lay a police officer. Section 3.That it shell be unlawful for the opcretor of a vehicle to stand or park such vehicle in any of the followin places except ten necessary to rvoid conflict uith other traffic,or in compliance utth the directions of a police officer or trrffic control sirn or signrl: Cl)Within an intersection. C2)Within 10 feet of lot lines projected at t’ie corners of street intorsections,unless nerl:ings indicate othenise. C3)On a crosswelk. (4)Within 10 feet of any flashing beacon,stop sign or traffic control signal located at the side of the roadwa;:. (5).V,ithin 10 feet of the driveway entrance to any Lire station. (6)3ithin 10 feet of any fire hydrant. C?)Di front of an alley or a private driveway used as such. (8)On a sidewalk or sidewalk parking. C9)aongsido or opposite any street excavation or obstruction then such stcntdne or parkinr roulo obstruct traffic. (10)On the roadway side of any vehicle stopped or parked at the riLht hand edj;e or curb of a street (double paiting),except when necessary for the loading or unloading of merchandise where there is no alley entrance to the premises. (11)At any place v!ere official traffic signs have been erected prohibiting stn:ding or parking. -12- (12)In front 01 or adjacent to such portions of schools,school huil(ins and school playgrounds as may be designated and marked by the Town knyor,on school days from 3 o’clock A...to i-i OtC1OCk F.L. (13)In front of theatre entrances during public use where designated and marked. (i’-i-)In front of entrances and exits of hotels of thirty (30) guestrooms or more where designated and wrked by anproprinte signs. (l)In front of the ent;a:ce to any uiLing where there is a public assemblage of one hundred (100)persons or more,tere designated and marked. Section +.whenever any police officer finds a vehicle stand ing upon a street or highway in violation of any of the pro visions of this Ordinarn e such officer is hereby authorized to move such vehicle,or require the driver or other person to eove ti—c same. Section .(a)That the Town Thyor,with the consent of the Thwn board,shall designate the i,lace and width of space recuired to be designated w ere parking is prohibited in this Ordinance, and it shall he unlawful for any person,or persons,co—partner ships,firm or corporation,other than the Town Mayor,to mark, paint,designate,or by sign,or signs,to attempt to prohibit pc ricing. (b)That no vehicle shall be left standing in such a manner as to obstruct any crnsswalk,and no renairs shall he done to any vehicle on any sidewalk,street or alley,except for necessary e ergency repairs. (c)That it shall be unlawful to lock any parked vehicle while such parked vehicle is set in any gear other than neutral,or to secure any such vehicle in such a manner as to prevent the towing or moving of the same when necessar by the Police or lire Depart:ient. (d)±hat no unauthorized person shall interfere ith or molest any vehicle,and the mere touching of a vehicle by an unauthor ized person s}all be considered prima facie evidence of molest ing te same provided,however,that for the purnose of getting away from the place of standing or parking,a driver may move another vehicle which is so placed that he cannot get his own vehicle out. Section 6.That the Town Zayor is hereby authorized to establish bus stops,ad every such stop shall be designated by appropriate signs. Section 7.That it shall be unlawful for the operator of any -13 - Fm vehicle,other than a bue,to stand or park in an officially designated bus stop,except that the operator of any passenger vehicle may temporarily stop in such stop for the purpose of, and while actually engaged in the loading or unloading of passengers. Section 8.(a)That it shall be unlawful for any operator to stop,stand or park any vehicle upon a street,other than an alley,in such manner OT under such conditions as to leave available less than twenty (20)feet of the width of the road way for free movement of vehicular traffic,except that an operator may stop temporarily during the actual loading or unloading of oassengers or when necessary in obedience to traffic regularions or traffic signs or signals of a police officer. Cb)That parking in alleys shall be unlawful excepting during the necessary and expeditious loading and unloading of merchandise. In no case shal.l any vehicle be parked in an alley so as to interfere with the free movement of traffic through the alley. Section 9.C a)xcept when necessary in obedience to traffic regulation signs,signals or markings upon the highway,the operator of a vehicle shall not stop,stand or park such vehicle in a roadway other than as hereinafter provided. (b)Parallel parking shall be permitted at such places as the Town Mayor may by appropriate signs designate;such parking shall be parallel to and within twelve inches of the curb line. Cc)The Town Mayor,by and with the approval of the Town Board, shall have the right and authority to limit the time of parking in certain parking spaces as hereinbefore provided for,and to establish the hours during which such limited parking shall be required,by plainly marking the curb in front thereof with the time limit permitted for parking in said space,and it shall be unlawful for any person to perk a vehicle in any such space so designated for a longer period than is so designated. Cd)That it shall be unlawful for any vehicle,or vehicles having an extended load or trailer attached thereto,the length of which vehicle,or vehicle with extended load or with a trailer attached,shall exceed 20 feet,to be parked in the business district of the Town except on the following streets or alleys: Park Avenue MacGreagor Lane. The police officers are hereby authorized to refuse to allow such vehicles to park within any part of the business district if in the officer’s opinion,such parking constitutes &traffic hazard. —14- (e)Under special circumstances the Town ayor may per-ut the stopping or parking of a vehicle in te business district iraliel to the curb and to occupy more than one parking space. (f)The owner or occupant of any premises may be granted a special per:it to have vehicles backed against the curb or side of the street in front of his pr’ises when and only as long as unavoidably necessary for the loading or unloading of merchandise. Such periits may be issued by the Town Mayor in special instances where,in his opinion,such permit or privilege is necessary in the conduct of business end will not seriously interfere with traffic or the rights of others,and may be revoked by him at any time,provided however,that no perit shell he necessary for the unloading of coal into manholes or basement chutes where the same are located in the sitewalk. Section 10.(a)That it shall be unlawful for any person to park upon a street or parking,any vehicle displayed for sale. (b)That no owner or occupant of any place of business shall suffer any wagon,cart,carriage,dray or other vehicle,whether left for safekeeping,repair or otherwise,to be or remain on the sidewalk,roadway or alley adjoining or in front of any such place,or upon any part of a dedicated street or avenue where the same may cause any traffic hazard. Section 11.The Town Mayor shall have the right and authority to place temnorary stop signs at such places as ‘nay be necessary for the protection of school students or when a large number of persons are apt to be on a street,and v-hen such stop sign hs been so placed it shall be unlawful for any person to drive pest such stop sign without firstcoming to a complete stop and then proceeding cautiously as long as any special hazard may be evident. Section 12.That if any vehicle is found upon a street or high way in violation of any provisions of this Ordinance regulating the stopping,standing,or parking of vehicles,and the identity of the operator cannot be readily determined,the owner or person in those name such ve’icle is registered shall be held prima facie responsible for such violation. Section 13.That no operator with his vehicle parked as uro vided in this Ordinauce shall enter or re-enter traffic there— with without first giving an adequate signal of his intention so to do,and any vehicle backing from a parking place,or otherwise,into the line of traffic is doing so at his own risk. ARTICLE XII. MISCELLANEOUS RULES Section 1.That it shall be unlawful for any person to board or alight from any vehicle while such vehicle is in motion. -15— 0 Section 2.That it shall be unlawful for any person to ride,or for the driver or operator to permit the same to e done,on any vehicle upon any portion thereof not designed or intended for the use of passengers.This provision shall not apply to employees engaged in the necessary discharge or duty or riding within truck bodies in space intended for merchandise. Section 3.No vehicles shall be diven over any unprotected hose of a Fire Department when laid down in any street,or pri vate driveway,to be used at any fire or alarm of fire,or practice run,without the consent of the Fire Department official in command. Section ÷.(a)No person shall throw or deposit upon any street or highway any glass bottle,glass,stones,nails,taxks,wire, cans,or any other substance likely to injure any person,animal or vehicle upon such street or highway. (b)Any person who drops,or permits to be dropped or thrown, upon any highway or structure any destructive or injurious material or lighted or burning substances shall immediately remove the same or cause it to be removed. (c)Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substances dropped upon the highway from such vehicle. Section 5.That it shall be unlawful for the operator of any vehicle to drive between the vehicles comprising,a funeral or other authorized procession while they are in motion. Section 6.That the operator of a vehicle shall not drive within or upon any sidewalk area except at a permanent or temporary driveway.Riding bicycles upon or along sidewalks shall be unlawful,except by newsboys and United States Postal employees while actually engaged in the delivery of newspapers and mail; provided,that the rider of such bicycle shall yield the right of way on sidewalks to pedestrians. Section 7.(a)That it shall be dnlawful for the operator of any vehicle to drive the same when such vehicle is so loaded, or when there is in the front seat of such vehicle such a number of persons exceeding three,as to obstruct the view of the operator to the front and sides,or to interfere with the operator’s free and ready control over the driving mechanism of the vehicle,or his ability to signal with his arm. C b)That it shall be unlawful for any passenger in a vehicle to ride in such position as to interfere with the operator’s view ahead,or to the sides,or to interfere with the operator’s free and ready control over the driving mechanism of the vehicle, or to obstruct the view of others or signals given by the operator. (c)That it shall be unlawful for any operator to drive any vehicle with any sign,poster,streamer,or other non-trans parent material upon or across the front windshield,side—wings -16— 0 Q front,side or rear windows of such vehicles,other than such as required by law. Section 8.That it shall be unlawful for any person traveling upon any bicycle,motorcycle,coaster,sled,roller skates,or any toy vehicle,to cling to or attach himself or his vehicle to any moving vehicle upon any roadway. Section 9.That it shall be unlawful for the operator of any bicycle or motorcycle,when riding upon any street,to carry any other person upon the handle bars,frame or tank of any such vehicle,or for any other person so to ride upon any such vehicle,except when provided with a tandem seat.Fancy and stunt riding thereon shall be unlawful. Section 10.That it shall be unlawful for any person upon roller skates,or riding in or by means of any coaster,toy vehicle or similar device,to go upon any roadway except while necessarily crossing a street on a crosswalk. Section 11.The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. Section 12.(a)No vehicle shall travel upon any street,or part of street which is closed to such vehicle by order of the Town Board or Town Mayor when appropriate signs showing such street,or part of street,has been closed to traffic. (b)No vehicle having lugs or spikes upon any wheel shall be propelled along any part of the paved or oiled street without special written permission of the Town Mayor. Section 13.(a)It shall be unlawful for any person to drive or move or for the owner thereof to cause to be driven or moved on any street or highway,any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person,or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper conditions and adjustment as required by the laws of the State of Colorado, or which is equipped in any manner in violation of such laws, or for any person to do any act forbidden,or fail to perform any act required under such laws. (b)That it shall be unlawful to use,operate or drive any vehicle emitting excessive smoke or fumes,or that is in such a state of repair as to be unnecessarily noisy in its operation, nor shall any vehicle be used or operated with any unnecessary noise or with any noise whatever likely to disturb the public. (c)That no vehicle shall be used or operated while so loaded with material that the load shall be unnecessarily noisy. -17- G. Cd)That no vehicles,unless confined to tracks,shall tow more than one other disabled vehicle.The connection shall not be longer than 16 feet. Section i’-i-.No vehicle having thereon an offensive load to the sight or smell shall be permitted to stand or park in the business section. Section 15.No vehicle shall be permitted to be used,operated or travel upon the streets of the Town of Estes Park which shall have a loud speaker or other amplifying device for the purpose of advertising or broadcasting to the general public upon the streets while said vehicle is either parked or in motion. Section 16.(a)All horses being ridden upon the streets of the Town of Estes Park shall keep to the right hand side of the road and shall not be ridden more than two abreast. (b)It shall be unlawful to hitch horses at any parking space upon the streets of the Town of Estes Park. Cc)It shall be unlawful for any person or persons riding or leading horses to permit the same to congregate in such a manner as to obstruct traffic. ARTICLE XIII. EQUIPMENT Section 1.That every motor vehicle shall be equipped with a rear vision mirror. Section 2.(a)That during the period between one-half hour after sunset and one-half hour before sunrise,and during a fog or storm,and at all other times and places when and where there is not sufficient light to clearly reveal persons or objects 300 feet distant,all motor vehicles shall display one red light visible 300 feet from the rear,and two white side or head lights located on opposite sides of the car visible 300 feet ahead;except that motorcycles and bicycles shall be required to display only one headlight;and,in addition,vehicles with bodies or loads 80 inches or more in width shall carry clearance lights on both sides plainly visible from front and rear;and all other vehicles on wheels or runners including horsedrawn, motorcycles,and bicycles,shall display one red light at the rear.It shall be a violation of this section to drive with only one headlight in operation excepting as herein otherwise permitted. All headlights shall be of white or amber light or intermediate shades.Only authorized emergency vehicles may carry on the front two red side lights or red headlights.Vehicles other than motor vehicles may,in lieu of red lights in the rear,display any kind of reflective type of signals that may be approved by the Town Mayor as being equivalent to red lights.The Town Mayor shall have the authority to designate proper times and -18- 0 0 places for the inspection of all such lights and signals.In all cases where a reflector type or red tail light is required by State Law,it shall be required under this Ordinance. Section 3.(a)That the operator of every motor vehicle shall have a brake and light certificate conforming to State Law in his possession while such motor vehicle is being operated in the Town of Estes Park. (b)That every motor vehicle shall be provided with adequate brakes in good working order,sufficient to control such motor vehicle at all times. Section +.(a)That every motor vehicle when operated upon a highway shall be equipped with a horn or sound warning device in good working order,capable of emitting sound audible under normal conditions from a distance of 200 feet or more;and it shall be unlawful,except as otherwise provided in this section, for any vehicle to be equipped with,or for any person to use upon a vehicle,any siren or any compression or sparkplug whistle, or any exhaust horn or whistle,which does not produce an harmonious sound;or for any person at any time to use a horn or sound-warning device otherwise than as a necessary warning,or to make any unnecessary or unreasonable loud or harsh sound. (b)That every authorized emergency vehicle shall be equipped with a bell,siren or exhaust whistle of the type authorized and approved by the Town Mayor. Cc)That it shall be unlawful for any vehicle,except an author ized emergency vehicle,to be equipped with any sound-warning device or for the operator to use the same,which is authorized for use on any authorized emergency vehicle or which is similar thereto. Section 5.(a)That no person shall rive a motor vehicle on a highway unless such motor vehicle is equipped with an adequate muffler in good working order and repair and in constant opera tion to prevent excessive or unusual noise. (b)That it shall be unlawful to use a “muffler cut-out”on any vehicle on a highway or other place,except in a garage,repair shop or other enclosure when necessary for adjusting or repairs. Cc)That no vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent its contents from dropping,sifting,leaking or otherwise escaping therefrom. Section 6.That whenever the load on any vehicle shall extend more than +feet beyond the rear of the bed or body thereof, exclusive of the end gate,there shall be displayed at the end —19— 0 of such load,in such position as to be clearly visible at all times from the rear of such vehicle,an opened red flag not less than 12 inches both in length and width,except that between one-half hour after sunset and one-half hour before sunrise there shall be displayed at the end of such load a red light plainly visible under normal atmospheric conditions at least 200 feet from the rear of such vehicle. ARTICLE XIV. SIZE,WEIGHT KD LOAD Section 1.It shall be unlawful for any pers.on to drive or move or for the owner to cause or knowingly permit to be driven or moved on any street in the Town of Estes Park any vehicle or vehicles of a size or weight exceeding the limitations as fixed in Article XVI,Part IV,Uniform Safety Code of 193%of the State of Colordo. Section 2.(a)Any police officer having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same either by means of portable or stationary scales and may require that such vehicle be driven to the nearest public scales. (b)Whenever an officer upon weighing a vehicle and load as above provided,determines that the weight is unlawful,such officer may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of such vehicle to such limit as permitted under this Ordinance.All material so unloaded shall be cared for by the owner or operator of such vehicle at the risk of such owner or operator. Cc)Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to weighing,or who fails or refuses when directed by an officer upon a weighing of the vehicle to stop the vehicle and otherwise comply with the provisions of this section,shall be guilty of a violation of this Ordinance. Section 3.The Town Mayor may,in his discretion,upon applica tion in writing and good cause being shown therefor,issue a special permit in writing authorizing applicant to operate or move a vehicle or combination of vehicles of a size and weight of vehicle or load exceeding the maximum specified in said Uniform Safety Code of 193%over the streets or some particular street. ARTICLE XV. PENALTIES Section 1.(a)That any person who shall violate any provision of this Ordinance,or any rule or regulation made and promulgated -20- by the Town Mayor pursuant thereto,shall be guilty of a viola tion of this Ordinance and,upon conviction thereof,shall be punished by a fine of not to exceed $300.00,or by imprisonment for not more than 90 days,i-d imp4- ,in the discretion of the Court,and if in the opinion of the Police Magistrate he deems it advisable,the right to drive a vehicle uvon the streets of the may be revoked for a period not to exceed six months.P’ic.. (b)That upon conviction in the Police Court for the violation of any provision of this Ordinance,where such violation is a cause for the suspension or revocation of an operator’s or chauffeur’s license under the laws of this State,it shall be the duty of the Judge of said Court to communicate the name of the violator,nature and date of the violation,disposition of the case,and such other information as may be pertinent,to the office of the Secretary of State,together with the recommenda tion of said Judge as to the suspension or revocation of the operator’s or chauffeur’s license. ARTICLE XVI. REPEALING CLAUSE--EMERGENCY CLAUSE Section 1.All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 2.That in the opinion of the Town Board of the Town of Estes Park,this Ordinance is deemed necessary to control traffic on the streets of the Town of Estes Park and the public welfare of the Town requires an immediate change in the traffic regula tions as in this Ordinance provided,and it is therefore declared to be necessary for the immediate preservation of the public safety and welfare and this Ordinance shall take effect and be in force immediately after its final passage and publication. Passed and adopted this _________ day of ____________ A.D,19+7. Approved Mayor Attest: Cit-e1ek -21—