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TC Ord. 18-16 Enacting Chapter 10.36 Regulations for Bicycles Approaching IntersectionsTOWN OF AVON, COLORADO ORDINANCE 18-16 ENACTING A NEW CHAPTER 10.36 OF TITLE 10 OF THE AVON MUNICIPAL CODE ESTABLISHING REGULATIONS FOR BICYCLES APPROACHING INTERSECTIONS WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the Town's Home Rule Charter; and WHEREAS, it is the policy of the Town to encourage and support bicycle use as a safe and convenient mode of travel within the Town; and WHEREAS, the Colorado legislature enacted Senate Bill 18-144 Concerning the Regulation of Bicycles Approaching Intersections; and WHEREAS, the Town Council finds that the adoption of regulations authorized by Senate Bill 18-144 will promote the public health, safety, and welfare of the Avon community. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Enactment of Chapter 10.36 to Title 5 of the Avon Municipal Code. Title 10 of the Avon Municipal Code is hereby amended by the enactment of a new Chapter 10.36, to read as set forth in Exhibit A: Enactment of Chapter 10.36 to Title 10 of the Avon Municipal Code, attached hereto. Section 3. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Ord 18-16 FINAL READING —August 28, 2018 Page 1 of 2 Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on August 14, 2018 and setting such public hearing for August 28, 2018 at the Council Chambers of the Avon Municipal Building, located at One Lake Stree640,,�,, . Qrado. ATTEST: ie Fancher, Mayor ebbie Hoppe, T Clerk • SEAL* ADOPTED ON SECOND AND FINAL READING on August 28, 2018.�6�6AW6� B T S �oWN OFq.0 J ie Fancher, Mayor Debbie Hoppe, Town Cl rk APPROVED AS TO FO ' `S E A L c"LORADD. Eric . H ' , To n Attorney Ord 18-16 FINAL READING —August 28, 2018 Page 2 of 2 EXHIBIT A: Chapter 10.36 — Bicycles Approaching Intersections Chapter 10.36 — Bicycles Approaching Intersections 10.36.010 — Purpose. The purpose of this Chapter is to implement C.R.S. §42-4-1412.5. Local adoption of alternative regulation of bicycles approaching intersections. This Chapter shall be interpreted to comply with C.R.S. §42-4-1412.5. 10.36.020 — Definitions. As used in this Chapter, electrical assisted bicycle means the term as it is defined in C.R.S. §42- 1-102 (28.5). 10.36.030 — Regulations (a) A person riding a bicycle or electrical assisted bicycle and approaching an intersection of a roadway with a stop sign shall slow down and, if required for safety, stop before entering the intersection. If a stop is not required for safety, the person shall slow to a reasonable speed and yield the right-of-way to any traffic or pedestrian in or approaching the intersection. After the person has slowed to a reasonable speed and yielded the right-of- way if required, the person may cautiously make a turn or proceed through the intersection without stopping. For purposes of this subsection (a), a reasonable speed is fifteen miles per hour or less. (b) A person riding a bicycle or electrical assisted bicycle and approaching an intersection of a roadway with an illuminated red traffic control signal shall stop before entering the intersection and shall yield to all other traffic and pedestrians. Once the person has yielded, the person may cautiously proceed in the same direction through the intersection or make a right-hand turn. When a red traffic control signal is illuminated, a person shall not proceed through the intersection or turn right if an oncoming vehicle is turning or preparing to turn left in front of the person. (c) A person riding a bicycle or electrical assisted bicycle approaching an intersection of a roadway with an illuminated red traffic control signal may make a left-hand turn only if turning onto a one-way street and only after stopping and yielding to other traffic and pedestrians. However, a person shall not turn left if a vehicle is traveling in the same direction as the person and the vehicle is turning or preparing to turn left. If the person is not turning left onto a one-way street, the person shall not make a left-hand turn at an intersection while a red traffic control signal is illuminated. SENATE BILL 18-144 BY SENATOR(S) Kerr, Aguilar, Court, Crowder, Fenberg, Guzman, Hill, Kagan, Kefalas, Merrifield, Moreno, Williams A.; also REPRESENTATIVES) Willett and Hansen, Becker K., Foote, Hamner, Herod, Kennedy, McLachlan, Saine, Young. CONCERNING THE REGULATION OF BICYCLES APPROACHING INTERSECTIONS. Be it enacted by the General Assembly of the State of Colorado.- SECTION olorado: SECTION 1. In Colorado Revised Statutes, add 42-4-1412.5 as follows: 42-4-1412.5. Local adoption of alternative regulation of bicycles approaching intersections - alternative regulation described - validity of existing local resolution - definitions. (1) A COUNTY OR MUNICIPALITY MAY ADOPT AN ORDINANCE OR RESOLUTION IMPLEMENTING THIS SECTION. IF A COUNTY OR MUNICIPALITY ADOPTS AN ORDINANCE OR RESOLUTION PURSUANT TO THIS SECTION, THE ORDINANCE OR RESOLUTION MUST SPECIFY THE FOLLOWING: (a) A PERSON RIDING A BICYCLE OR ELECTRICAL ASSISTED BICYCLE AND APPROACHING AN INTERSECTION OF A ROADWAY WITH A STOP SIGN SHALL SLOW DOWN AND, IF REQUIRED FOR SAFETY, STOP BEFORE ENTERING Capital letters or bold & italic numbers indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. THE INTERSECTION. IF A STOP IS NOT REQUIRED FOR SAFETY, THE PERSON SHALL SLOW TO A REASONABLE SPEED AND YIELD THE RIGHT-OF-WAY TO ANY TRAFFIC OR PEDESTRIAN IN OR APPROACHING THE INTERSECTION. AFTER THE PERSON HAS SLOWED TO A REASONABLE SPEED AND YIELDED THE RIGHT-OF-WAY IF REQUIRED, THE PERSON MAY CAUTIOUSLY MAKE A TURN OR PROCEED THROUGH THE INTERSECTION WITHOUT STOPPING. (b) FOR PURPOSES OF THIS SUBSECTION (1), A REASONABLE SPEED IS FIFTEEN MILES PER HOUR OR LESS. A MUNICIPALITY, BY ORDINANCE, OR A COUNTY, BY RESOLUTION, MAY REDUCE THE MAXIMUM REASONABLE SPEED AT ANY INDIVIDUAL INTERSECTION TO TEN MILES PER HOUR OR RAISE THE MAXIMUM REASONABLE SPEED TO TWENTY MILES PER HOUR IF THE MUNICIPALITY OR COUNTY ALSO POSTS SIGNS AT THE INTERSECTION STATING THAT LOWER OR HIGHER SPEED LIMITATION. (c) A PERSON RIDING A BICYCLE OR ELECTRICAL ASSISTED BICYCLE AND APPROACHING AN INTERSECTION OF A ROADWAY WITH AN ILLUMINATED RED TRAFFIC CONTROL SIGNAL SHALL STOP BEFORE ENTERING THE INTERSECTION AND SHALL YIELD TO ALL OTHER TRAFFIC AND PEDESTRIANS. ONCE THE PERSON HA S YIELDED, THE PERSON MAY CAUTIOUSLY PROCEED IN THE SAME DIRECTION THROUGH THE INTERSECTION OR MAKE A RIGHT-HAND TURN. WHEN A RED TRAFFIC CONTROL SIGNAL IS ILLUMINATED, A PERSON SHALL NOT PROCEED THROUGH THE INTERSECTION OR TURN RIGHT IF AN ONCOMING VEHICLE IS TURNING OR PREPARING TO TURN LEFT IN FRONT OF THE PERSON. (d) A PERSON RIDING A BICYCLE OR ELECTRICAL ASSISTED BICYCLE APPROACHING AN INTERSECTION OF A ROADWAY WITH AN ILLUMINATED RED TRAFFIC CONTROL SIGNAL MAY MAKE A LEFT-HAND TURN ONLY IF TURNING ONTO A ONE-WAY STREET AND ONLY AFTER STOPPING AND YIELDING TO OTHER TRAFFIC AND PEDESTRIANS, HOWEVER, A PERSON SHALL NOT TURN LEFT IF A VEHICLE IS TRAVELING IN THE SAME DIRECTION AS THE PERSON AND THE VEHICLE IS TURNING OR PREPARING TO TURN LEFT. IF THE PERSON IS NOT TURNING LEFT ONTO A ONE-WAY STREET, THE PERSON SHALL NOT MAKE A LEFT-HAND TURN AT AN INTERSECTION WHILE A RED TRAFFIC CONTROL SIGNAL IS ILLUMINATED. (2) IF A COUNTY OR MUNICIPALITY ADOPTED A VALID ORDINANCE OR RESOLUTION THAT REGULATES BICYCLES OR ELECTRICAL ASSISTED BICYCLES SUBSTANTIALLY AS DESCRIBED IN SUBSECTION (1) OF THIS SECTION PRIOR TO PAGE 2 -SENATE BILL 18-144 THE EFFECTIVE DATE OF THIS SECTION, THAT ORDINANCE OR RESOLUTION REMAINS VALID. (3) THE ADOPTION OF AN ORDINANCE OR RESOLUTION IN ACCORDANCE WITH THIS SECTION DOES NOT DIMINISH OR ALTER THE AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION OR THE STATE TRANSPORTATION COMMISSION AS THOSE ENTITIES ARE DEFINED IN SECTION 43-1-102 REGARDING THE DEPARTMENT'S OR COMMISSION'S AUTHORITY TO REGULATE MOTOR VEHICLE TRAFFIC ON ANY PORTION OF THE STATE HIGHWAY SYSTEM AS DEFINED IN SECTION 43-2-101 (1). (4) AS USED IN THIS SECTION: (a) "ELECTRICAL ASSISTED BICYCLE" MEANS THE TERM AS IT IS DEFINED IN SECTION 42-1-102 (28.5). (b) "MUNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY, TOWN, OR CITY AND COUNTY. SECTION 2. In Colorado Revised Statutes, 42-4-1412, amend (1) as follows: 42-4-1412. Operation of bicycles and other human -powered vehicles. (1) Every A person riding a bicycle or electrical assisted bicycle shall have HAS all of the rights and duties applicable to the driver of any other vehicle under this article ARTICLE 4, except as to special regulations in this article ARTICLE 4, EXCEPT AS PROVIDED IN SECTION 42-4-1412.5, and except as to those provisions which by their nature can have no application. Said riders shall comply with the rules set forth in this section and section 42-4-221, and, when using streets and highways within incorporated cities and towns, shall be ARE subject to local ordinances regulating the operation of bicycles and electrical assisted bicycles as provided in section 42-4-111. NOTWITHSTANDING ANY CONTRARY PROVISION IN THIS ARTICLE 4, WHEN A COUNTY OR MUNICIPALITY HAS ADOPTED AN ORDINANCE OR RESOLUTION PURSUANT TO SECTION 42-4-1412.5, RIDERS ARE SUBJECT TO THE LOCAL ORDINANCE OR RESOLUTION. SECTION 3. Safety clause. The general assembly hereby finds, PAGE 3 -SENATE BILL 18-144 determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. Ke Grantham Crisanta Duran PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ���� • 11"I SECRETARY OF THE SENATE Marilyn Eddins CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES APPROVED tti ';jiNOR Hickenlooper GO OF THE STATE OF COLOR O PAGE 4 -SENATE BILL 18-144