§ 54-1. Definitions.

Words and phrases used in this chapter shall have the following meaning respectively ascribed to them:

(1)

Acceleration lane shall mean a speed-change lane, including tapered areas, for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can more safely merge with through traffic.

(2)

Accident shall mean a collision between a vehicle and a vehicle, person, stationary object or other thing which results in property damage, personal injury or death; or an entry into or emerging from a moving vehicle by a person which results in personal injury or death to such person or some other person, or which results in property damage.

(3)

Alley shall mean a narrow minor street, usually without sidewalks on which the rears of buildings customarily adjoin.

(4)

Arterial street shall mean a street which has the primary function of carrying through traffic, but which also provides access to abutting property. An arterial street is also a through street.

(5)

Authorized emergency vehicle shall mean such vehicles of the fire department, police vehicles and ambulances as are publicly owned, and such other publicly or privately owned vehicles as are designated as such by written authorization of the manager of safety.

(5.5)

Automated vehicle identification system shall mean photographic equipment linked to a violation detection system that synchronizes the taking of a photograph with the occurrence of a traffic violation. Such a system may include, but is not limited to, devices which combine a Doppler radar instrument, camera, and computer, alone or in combination with other devices, to measure the speed of a motor vehicle or other object and to photograph the motor vehicle, its occupants, or other objects. Such a system may also include, but is not limited to, devices which link a camera, computer, and traffic signal, alone or in combination with other devices, to detect vehicles which have violated the traffic signal and to photograph the motor vehicle, its occupants, or other objects. The results of an automated vehicle identification system mean the photograph, speed measurement, and any other data or information produced by an automated vehicle identification system.

(6)

Bicycle means a vehicle propelled by human power applied to pedals upon which a person may ride having two (2) wheels in tandem or two (2) parallel wheels and one (1) forward wheel, all of which are more than fourteen (14) inches in diameter.

(7)

Bicycle lane shall mean a lane on a roadway reserved for the exclusive use of bicycles and Class 1 and Class 2 electrical assisted bicycles and electric mobility scooters ("EMSs") as defined in chapter 54, article 1.

(7.5)

Buffer shall mean a pattern of standard longitudinal pavement markings that is wider than a normal lane line marking. The buffer area may include channelizing devices such as tubular markings, curb, or planters.

(8)

Bus shall mean every motor vehicle designed for carrying more than seven (7) passengers and used for the transportation of persons for compensation.

(9)

Bus lane shall mean a lane on a roadway reserved for the exclusive use of buses.

(10)

Bus stop shall mean an area adjacent to the curb reserved for the exclusive use of buses during layover in schedule or while loading or unloading passengers.

(11)

Carpool shall mean a motor vehicle carrying two (2) or more persons, including the driver.

(12)

Carpool lane shall mean a lane on a roadway reserved for the exclusive use of carpools.

(13)

Centerline shall mean a line painted or marked upon a roadway for the purpose of separating opposing traffic, or, where not painted or marked, an imaginary line an equal distance between the opposite curb lines or lateral lines of a roadway.

(14)

Collector street shall mean a street which has the primary function of providing for the distribution of traffic within neighborhoods, and which carries through traffic and provides access to abutting property. A collector street is also a through street.

(14.5)

Construction zone shall mean any portion of the street or highway designated as such by the city traffic engineer, where traffic signs, traffic control devices, or both are in place to indicate the start and end of the zone, and that the penalty for a violation within the zone is doubled.

(15)

Controlled-access highway shall mean every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.

(15.5)

Criminal violation shall mean the violation of any provision defined by either section 54-3 or by state traffic laws as a criminal matter. The penalties in subsection 1-13(a) shall apply to criminal violations of this chapter.

(16)

Crosswalk shall mean that portion of a roadway included within the prolongation or connection of the lateral lines of sidewalks at intersections, or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other marking on the surface.

(17)

Deceleration lane shall mean a speed-change lane, including tapered areas, for the purpose of enabling a vehicle that is to make an exit turn from a roadway to slow to the safe speed on the ramp ahead after it has left the main stream of faster-moving traffic.

(17.5)

Designated criminal violation shall mean any criminal violation designated by the county court pursuant to section 54-749 as a violation for which payment of a fine may be accepted by the traffic violations bureau in lieu of a court appearance.

(18)

Divided highway shall mean a highway with separated roadways for traffic in opposite directions, such separation being indicated by depressed divided strips, raised curbings, traffic islands or other physical separations, or indicated by standard pavement markings, or other official traffic control devices.

(19)

Driver shall mean every person who drives or is in actual physical control of a vehicle.

(19.5)

Electrical assisted bicycle shall mean a vehicle having two (2) or three (3) wheels, fully operable pedals, and an electric motor not exceeding seven hundred fifty (750) watts of power. Electrical assisted bicycles are further required to conform to one (1) of three (3) classes as follows:

a.

"Class 1 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour.

b.

"Class 2 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour.

c.

"Class 3 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight (28) miles per hour.

(19.6)

Electric personal assistive mobility device or EPAMD shall mean a self-balancing, nontandem two-wheeled device, designed to transport only one (1) person, that is powered solely by an electric propulsion system producing an average power output of no more than seven hundred fifty (750) watts.

(19.8)

Electric mobility scooter or EMS means a stand-up scooter with two (2) tandem wheels, designed to transport only one (1) person, and that is powered by an electric propulsion system having a top speed of no more than twenty (20) miles per hour.

(20)

Emergency access lane shall mean that portion of a public roadway or private property, including a fire lane, providing access for authorized emergency vehicles, with horizontal and vertical clearances determined by the fire department, which is designated as such by the city traffic engineer, and which is posted with signs, authorized or installed by the city traffic engineer, prohibiting the parking or stopping of vehicles other than authorized emergency vehicles.

(21)

Freeway shall mean a controlled-access highway designed solely for the expeditious movement of motor vehicles with physical separation of all opposing and intersecting vehicular traffic and excluding pedestrian traffic.

(22)

Gore area is defined as a triangular shaped area at the convergence or divergence of two (2) or more adjoining lanes, beginning at the apex of the triangle formed by such lane edges and extending along the legs of such triangle.

(23)

Holidays, where used in this chapter or on official signs, shall mean the following days:

a.

New Year's Day (January 1);

b.

Martin Luther King, Jr. Day (third Monday in January);

c.

Presidents' Day (third Monday in February);

d.

Cesar Chavez Day (last Monday in March);

e.

Memorial Day (last Monday in May);

f.

Independence Day (July 4);

g.

Labor Day (first Monday in September);

h.

Veteran's Day (November 11);

i.

Thanksgiving Day (fourth Thursday in November); and

j.

Christmas Day (December 25).

If any of the holidays enumerated above shall fall upon a Sunday, then the Monday following shall be considered as the holiday. If any of the holidays so enumerated above shall fall upon a Saturday, then the preceding Friday shall be considered as the holiday.

(24)

Intersection shall mean the area embraced within the prolongation of the lateral curb lines or, if none, then the lateral boundary lines of two (2) or more highways which join one another at an angle, whether or not one (1) such highway crosses the other. Where a street includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided street by an intersecting street shall be regarded as a separate intersection. If such intersecting street also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such streets shall be regarded as a separate intersection.

(25)

Island shall mean an area or space officially set aside within a highway as prohibited for use by motor vehicles and which is marked or indicated by construction, pavement marking or proper signs as to be plainly visible at all times.

(26)

Lane shall mean the portion of a roadway for the movement of a single line of vehicles.

(27)

Lane line shall mean a line painted or marked upon a roadway for the purpose of separating traffic traveling in the same direction.

(28)

Laned highway shall mean a highway the roadway of which is divided into two (2) or more clearly marked lanes for vehicular traffic.

(29)

Loading zone shall mean an area adjacent to the curb reserved for the exclusive use of vehicles during the actual loading or unloading of passengers or goods.

(30)

Local delivery shall mean, where used in this chapter or on official signs, delivery of or loading of merchandise or any other service rendered by a motor vehicle in any neighborhood within the city.

(31)

Local street shall mean a street which has the primary function of providing access to abutting property, and which does not normally carry through traffic.

(31.5)

Low-power scooter shall mean a self-propelled vehicle designed primarily for use on the roadways with not more than three (3) wheels in contact with the ground, no manual clutch, and either of the following: (I) A cylinder capacity not exceeding fifty cubic centimeters if powered by internal combustion; or (II) A wattage not exceeding four thousand four hundred seventy-six (4,476) if powered by electricity. Low-power scooter shall not include a toy vehicle, bicycle, electrical assisted bicycle, wheelchair, or any device designed to assist mobility impaired people who use pedestrian rights-of-way.

(32)

Markings shall mean all lines, patterns, words, colors or other devices, except signs, set into the surface of, applied upon or attached to the pavement or curbing or to objects within or adjacent to the roadway and placed for the purpose of regulating, warning or guiding traffic.

(33)

Median shall mean an area marked or constructed upon a roadway, or between two (2) adjacent roadways, for the purpose of separating opposing traffic, other than a standard centerline.

(34)

Motorcycle shall mean every motor vehicle that uses handlebars to steer and is designed to travel on not more than three (3) wheels in contact with the ground except that the term does not include a "farm tractor" or low-power scooter as defined in subsection (31.5) of this section.

(35)

Reserved.

(36)

Motor home shall mean any wheeled vehicle that is self-powered and self-contained unit designed and generally and commonly used for occupancy by persons for residential use, recreational purposes or family transportation and is not used to transport cargo or passengers for profit, hire or otherwise in any business or commercial enterprise.

(37)

Reserved.

(38)

Motor vehicle shall mean any self-propelled vehicle that is designed primarily for travel on the public highways or roadways and that is generally and commonly used to transport persons and property over the public highway or roadway; except that the term does not include low-power scooters, wheelchairs, or vehicles moved solely by human power. "Motor vehicle" includes a neighborhood electric vehicle operated pursuant to section 54-660 of this chapter.

(39)

Multipurpose vehicle shall mean a motor vehicle with motive power, except trailers, designed to carry ten (10) persons or less, which is constructed either on a truck chassis or with special features for occasional off-road operation.

(39.5)

Neighborhood electric vehicle or low-speed electric vehicle shall mean a self-propelled, electrically powered motor vehicle that:

a.

Has a speed attainable in one (1) mile that does not exceed thirty-five (35) miles per hour.

b.

Meets the equipment standards established by the State of Colorado and by sections 54-70, 54-71, 54-73, 54-75(b), and 54-76 of this Code.

c.

Has at least three (3) wheels in contact with the ground.

d.

Does not use handlebars to steer.

e.

Exhibits the manufacturer's compliance with 49 CFR 565 or displays a seventeen-character vehicle identification number as provided in 49 CFR 565.

(40)

No stopping shall mean any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.

(40.5)

Notice of violation shall mean a notice mailed to the registered owner of a vehicle involved in any traffic infraction or criminal violation detected by an automated vehicle identification system advising that the violation has been detected, or a similar notice mailed to the operator of the vehicle identified by the registered owner of said vehicle.

(41)

Official time standard. Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in the city.

(42)

Official traffic control devices shall mean all signs, signals, markings and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.

(43)

Official traffic control signal shall mean any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.

(44)

Other human-powered device means any type of solely human-powered wheeled device not qualifying as a bicycle, but primarily designed for operation on a highway, including but not limited to single and multi-wheeled, collapsible and multiple rider devices.

(45)

Owner shall mean a person who holds the legal title of a vehicle or in event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with the immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter, or parties otherwise having lawful use or control or the right to use or control a vehicle for a period of thirty (30) days or more.

(46)

Park or parking shall mean the standing of a vehicle whether occupied or not.

(46.5)

Parking lane is the dedicated portion of a roadway reserved for parallel parking of vehicles.

(47)

Parking meter shall mean a mechanical or electronic device used for the timing, payment or regulation of parking.

(48)

Passenger loading zone shall mean an area adjacent to a curb reserved for the exclusive use of vehicles during the actual loading or unloading of passengers.

(49)

Pedestrian shall mean any person afoot.

(50)

Penalty assessment shall mean a penalty assessed pursuant to the schedule contained in section 54-821 for traffic infractions and for designated criminal violations.

(51)

Person with a mobility handicap shall mean any person so severely handicapped that the person is unable to move from place to place without the aid of a mechanical device.

(52)

Police officer shall mean every officer of the police department, or any other peace officer, or other person designated and authorized in writing by the manager of safety to direct or regulate traffic, or make arrest, pursuant to such powers.

(53)

Private road or driveway shall mean every road or driveway not open to the use of the public for purposes of vehicular travel.

(54)

Railroad shall mean a carrier of persons or property upon cars, other than street cars, operated upon stationary rails.

(55)

Railroad sign or signal shall mean any sign, signal or device, erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

(56)

Railroad train shall mean a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except street cars.

(57)

Right-of-way shall mean the privilege of the immediate use of the highway.

(58)

Roadway shall mean that portion of a highway, improved, designed or ordinarily used for vehicular travel.

(59)

Roadway edge shall mean on a paved street or highway, the edge of the pavement, or the face of a curb, or a pavement marking delineating the edge of the way authorized for vehicular travel.

(59.5)

Safety zone shall mean any portion of the street or highway designated as such pursuant to section 54-43(b)(17) of this chapter where traffic signs, traffic control devices, or both are in place to indicate the start and end of the zone, the times that the location is deemed to be a safety zone, and that the penalty for a violation within the zone is doubled. Any location where traffic signs, traffic control devices, or both, indicate the area is a "school zone," shall also be a safety zone.

(60)

School bus shall mean every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school.

(61)

School holidays shall mean, where used in this chapter, or on official signs, days on which classes are not in session, but the term "school holiday" does not include days in which classes are delayed due to weather or on a delayed or late-start schedule.

(61.5)

School zone shall mean any portion of the street or highway designated as such by the city traffic engineer, where traffic signs, traffic control devices, or both are in place to indicate the start and end of the zone, the times that the location is deemed to be a school zone, and that the penalty for a violation within the zone is doubled.

(62)

Semitrailer shall mean every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rest upon or is carried by another vehicle.

(63)

Sidewalk shall mean that portion of the sidewalk area which is paved.

(64)

Sidewalk area shall mean that portion of a street between the curb lines, or the lateral lines of a roadway, and the lateral property lines intended for the use of pedestrians.

(65)

Snow tire shall mean a tire which has a tread with ribs, lugs, blocks or buttons, a tread depth of more than two-thirty-seconds of an inch measured in any two (2) tread grooves at three (3) locations equally spaced around the circumference of the tire, and the following markings and characteristics when inflated:

a.

On tires manufactured after January 1, 1976, permanent labeling on one (1) sidewall with the words "mud and snow" or any contraction using the letters M and S (e.g., MS, M/S, M-S, M&S, etc.); or

b.

A substantial portion of the lug, block or rib edges in the tread design are at an angle greater than thirty (30) degrees to the tire circumferential center line; or

c.

On at least one (1) side of the tread design, the shoulder lugs protrude at least one-half inch in a direction generally perpendicular to the direction of travel.

(66)

Stop shall mean the complete cessation of movement.

(67)

Stop line shall mean a line which indicates where drivers shall stop when directed by an official traffic control device or a police officer.

(68)

Street or highways shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, or the entire width of every way declared to be a public highway by any law of this state.

(69)

Taxicab or taxi shall mean a licensed public motor vehicle for hire designated and constructed to seat not more than seven (7) persons and operating as a common carrier on call or demand.

(70)

Taxicab stand shall mean an area adjacent to the curb reserved for the exclusive use of taxicabs awaiting passengers.

(70.5)

Toy vehicle shall mean any vehicle that has wheels and is not designed for use on public highways or for off-road use.

a.

Toy vehicle includes, but is not limited to, gas-powered or electric-powered vehicles commonly known as minibikes, "pocket bikes," kamikaze boards, go-peds, and stand-up scooters except for EMSs as defined in subsection (19.8) of this section.

b.

Toy vehicle does not include off-highway vehicles or snowmobiles.

(71)

Through highway shall mean every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on such through highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in this chapter.

(72)

Traffic shall mean pedestrian, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purposes of travel.

(73)

Traffic infraction shall mean a violation of any section listed in section 54-4 which shall constitute a civil matter under subsection 1-13(c) for which arrest is prohibited and for which a jury trial is unavailable.

(74)

Trailer shall mean every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.

(75)

Trailer coach or mobile home shall mean any wheeled vehicle which is a single self-contained unit, without motive power, which is designed and generally and commonly used for occupancy by persons for residential purposes, in either temporary or permanent locations, and which may occasionally be drawn over the public highways by a motor vehicle.

(76)

Truck shall mean any motor vehicle which is used for the transportation or delivery of goods with a body built and designed for that purpose.

(77)

Truck loading zone shall mean an area adjacent to the curb reserved for the exclusive use of trucks during the actual loading or unloading of goods. For the purpose of use of truck loading zones, trucks are defined as all vehicles bearing truck registration plates or a permit issued by the manager of safety.

(78)

Truck tractor shall mean every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

(79)

Vehicle shall mean every device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. Vehicle includes, without limitation, a motor vehicle, a motorcycle, a bicycle, electrical assisted bicycle, or EPAMD, but does not include a wheelchair, off-highway vehicle, snowmobile, farm tractor, or implement of husbandry designed primarily or exclusively for use and used in agricultural operations or any device moved exclusively over stationary rails or tracks or designed to move primarily through the air.

(80)

Wheel chair shall mean a wheeled device designed for use by a person with a mobility handicap.

(81)

Yield shall mean to grant right-of-way.

(Code 1950, §§ 501.1—501.4; Ord. No. 458-80, § 1, 9-15-80; Ord. No. 541-80, § 1, 10-27-80; Ord. No. 224-81, § 1, 4-27-81; Ord. No. 363-83, § 1, 6-20-83; Ord. No. 480-85, § 1, 9-16-85; Ord. No. 756-89, § 16, 12-18-89; Ord. No. 143-92, §§ 1, 2, 3-19-92; Ord. No. 629-98, § 1, 9-8-98; Ord. No. 902-98, § 1, 12-14-98; Ord. No. 753-99, §§ 1, 2, 10-4-99; Ord. No. 771-00, §§ 1, 2, 10-2-00; Ord. No. 176-02, § 1, 3-4-02; Ord. No. 1082-02, §§ 1, 2, 12-23-02; Ord. No. 685-09, § 1, 11-23-09; Ord. No. 686-09, § 1, 11-23-09; Ord. No. 692-15, § 1, 10-26-15; Ord. No. 1476-18, § 1, 1-7-19; Ord. No. 8-19, § 1, 2-11-19)

State law reference

Similar definitions, C.R.S. 1973, 42-1-102.

Cross reference

Definitions and rules of construction generally, § 1-2.