CHAPTER 7
AUTOMOBILES AND TRAFFIC

ARTICLE 5
COMMERCIAL VEHICLES

Section 7-5-1. Commercial Vehicles; Code Adopted.

(a)

The "Rules and Regulations Concerning the Minimum Standards for the Operation of Commercial Vehicles," as promulgated by the Colorado Department of Public Safety at Colorado Code of Regulation Sec. 1507-1, and as the same may be amended from time to time, are hereby adopted. Copies of said rules and regulations are available for inspection at the Office of the City Clerk.

(b)

It shall be unlawful for any person to move or operate, or permit to be moved or operated, a commercial vehicle, on any street within the City, which is not in compliance with the rules and regulations adopted in subsection (a) above.

(c)

For the purpose of this Article 5, commercial vehicle means any self-propelled or towed vehicle bearing an apportioned plate or having a manufacturer's recommended gross vehicle weight of 10,001 pounds or more, which vehicle is used in commerce on the streets of the City or is used to transport sixteen or more passengers, including the vehicle's operator.

[Source: Ord. 1108, 1994]

Section 7-5-2. Height, Width and Length of Commercial Vehicles and Loads. Section 18-3 of the Model Traffic Code is amended to read as follows:

(a)

No vehicle unladen or with load shall exceed a height of thirteen feet; except that vehicles with a height of fourteen feet six inches may be operated on streets which are state highways when so designated by the state department of transportation.

(b)

The total outside width of any vehicle or the load thereon shall not exceed one hundred two inches except as follows:

(1)

A load of loose hay, including loosely bound round bales, whether horse-drawn or by motor, shall not exceed twelve feet in width.

(2)

A vehicle used only as a single unit may transport a load of small rectangular hay bales if such vehicle and load do not exceed one hundred twenty-six inches in width and thirty feet in length.

(3)

The total outside width of buses and coaches used for the transportation of passengers shall not exceed eight feet six inches.

(4)

The total outside width of any vehicle, as required in this subsection (b), shall not be construed so as to prohibit the projection beyond such width of clearance lights, rear view mirror, or other accessories required by law.

(5)

It shall be unlawful for any person to operate a vehicle or motor vehicle which has attached thereto in any manner any chain, rope, wire, or other equipment which drags, swings or projects in any manner so as to endanger the person or property of another.

(c)

No single motor vehicle shall exceed a length of forty-five feet extreme overall dimension, inclusive of front and rear bumpers, except that a vehicle used for the mass transportation of passengers wholly within this municipality or within a radius of fifteen miles thereof may extend to a length of sixty feet.

(d)

No combination of vehicles coupled together shall consist of more than four units, and no such combination of vehicles shall exceed a total overall length of seventy feet.

(1)

Said length limitation shall not apply to truck tractor-semitrailer combination when the semitrailer is fifty-seven feet four inches or less in length, or to truck tractor-semitrailer-trailer combinations when both the semitrailer and the trailer are twenty-eight feet six inches or less in length.

(2)

Said length limitation shall also not apply to saddlemount combinations, which shall not exceed seventy-five feet in total overall length.

(3)

Said length limitations shall not apply to vehicles operated by a public utility when required for emergency repair of public service facilities or properties, or when operated under special permit as provided in section 18-11 of the Model Traffic Code for Colorado Municipalities, but in respect to night transportation every such vehicle and the load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of such load.

(4)

Said length limitations shall also not apply to specialized equipment used in combination for transporting automobiles or boats when such specialized equipment is stinger-steered, as defined in section 42-1-102(76.8), C.R.S., and the combination does not exceed seventy-five feet in length exclusive of safety devices, which safety devices shall not be designed or used for carrying cargo.

(e)

The load upon any vehicle operated alone or the load upon the front vehicle of a combination of vehicles shall not extend beyond the front wheels of such vehicle or vehicles or the front-most point of the grill of such vehicle; but a load may project more than four feet beyond the front-most point of the grill assembly of the vehicle engine compartment of such a vehicle at a point above the cab of the driver's compartment so long as that part of any load projecting ahead of the rear of the cab or drive's compartment shall be so loaded as not to obscure the vision of the driver to the front or to either side, except for the provisions of subsection (d) of this section.

(f)

The length limitations of vehicles and combinations of vehicles provided for in this section as they apply to vehicles being operated and utilized for transportation of steel, fabricated beams, trusses, utility poles, pipes, and automobiles shall be determined without regard to the projection of said commodities beyond the extreme front or rear of the vehicle or combination of vehicles; except that the projection of a load to the front shall be governed by the provisions of subsection 18-4(b) of the Model Traffic Code for Colorado Municipalities, and no load shall project to the rear more than ten feet.

(g)

Except as provided in Section 7-2-8.5, it shall be unlawful for any person to park or allow to be parked:

(1)

A truck exceeding ten thousand (10,000) pounds empty weight or twenty-two (22) feet in length, an automobile trailer and/or boat trailer not attached to a licensed vehicles, a truck-tractor or semitrailer, or a disabled or inoperative vehicle for a period of time longer than two (2) hours during any given week on a public right-of-way adjacent to any property which has been designated as a residential zone district or which contains a single-unit or multiple-unit dwelling; except where such vehicles are engaged in rendering services in the immediate area, or where such vehicles are parked adjacent to a lot on which is located a motel or hotel being used by the operator of such a vehicle.

(2)

A truck containing an attached camper with a combined overall length exceeding twenty-two (22) feet, a recreation vehicle exceeding twenty two (22) feet in length, or an automobile trailer and/or boat trailer attached to a licensed vehicle, for a period of time longer than forty-eight (48) hours during any given week on a public right-of-way adjacent to any property which has been designated as a residential zone district or which contains a single-unit or multiple-unit dwelling; except where such vehicles are engaged in rendering services in the immediate area, or where such vehicles are parked adjacent to a zone lot on which is located a motel or hotel being used by the operator of such vehicle.

(3)

It shall be unlawful for any person to relocate or otherwise move a vehicle described in subsections (1) and (2) above to a new location from the vehicle's original parked location in an attempt to circumvent or evade the provisions of this section.

[Source: Ord. 1108, 1994; 1734, 2017; 1765, 2019]

Section 7-5-2.5. Jake Brakes Prohibited.

(a)

It shall be unlawful for the operator of a vehicle driven upon any public or private street within the City to use, or employ the use of jake brake.

(b)

For purposes of this Section, a jake brake means any device mounted on or adjacent to the engine of a commercial motor vehicle which, when employed, reduces engine speed and causes the vehicle to slow without use of the vehicle's braking system.

[Source: Ord. 1199, 1998]

Section 7-5-3. Wheel and Axle Loads of Commercial Vehicles. Section 18-7 of the Model Traffic Code is amended to read as follows:

(a)

The gross weight upon any wheel of a vehicle shall not exceed the following:

(1)

When the wheel is equipped with a solid rubber or cushion tire, eight thousand pounds;

(2)

When the wheel is equipped with a pneumatic tire, nine thousand pounds.

(b)

The gross weight upon any single axle, or tandem axle or a vehicle, shall not exceed the following:

(1)

When the wheels attached to the axle are equipped with solid rubber or cushion tires, sixteen thousand pounds.

(2)

When the wheels attached to the axle are equipped with pneumatic tires, twenty thousand pounds.

(3)

When the wheels are attached to a tandem axle, and are equipped with pneumatic tires, thirty-six thousand pounds for vehicles traveling on any street or highway, within the City limits of Northglenn, including the highways of the "interstate" system.

(4)

When the wheels are attached to a tandem axle, and are equipped with pneumatic tires, forty thousand pounds for vehicles traveling on any state-maintained secondary state highways within the City.

(5)

One-rear axle vehicles equipped with a self-compactor and used solely for the transporting of trash are exempted from the provisions of subsections (b) (2), (3), and (4) of this section when traveling on any state or county maintained, secondary state highway within the City.

(c)

For the purposes of this section, an axle shall be defined as a total load on all wheels whose centers are included within two parallel transverse vertical planes not more than forty inches apart.

(d)

For the purposes of this section, a tandem axle shall be defined as the total load on all wheels of two or more consecutive axles, the center of which may be included between parallel vertical planes spaced more than forty inches and not more than ninety-six inches apart, extending across the full width of the vehicle.

(e)

The gross weight upon any one wheel of a steel-tired vehicle shall not exceed five hundred pounds per inch of cross-sectional width of tire.

(f)

For the purposes of this section, axle scales and the method of weighing vehicles that is commonly referred to as a "split weighing" or "fore and aft draft weighing," for obtaining a vehicle's axle weights and gross weight, shall be authorized as an acceptable and accurate method of weighing for law enforcement purposes and statistical data gathering.

[Source: Ord. 1108, 1994]

Section 7-5-4. Gross Weight of Commercial Vehicles and Loads.

Section 18-8 of the Model Traffic Code is amended to read as follows:

(a)

No vehicle or combination of vehicles shall be moved or operated, or be permitted to be moved or operated, on any street, highway, or bridge when the gross weight thereon exceeds any of the limits specified below:

(1)

The gross weight upon any one axle of a vehicle shall not exceed the limits prescribed in the Northglenn Municipal Code.

(2)

Subject to the limitations prescribed in said Section 7-5-3, the gross weight of a vehicle having two axles shall not exceed thirty-six thousand pounds.

(3)

Subject to the limitations prescribed in said Section 7-5-3, the gross weight of a vehicle having three or more axles shall not exceed fifty-four thousand pounds.

(4)

Subject to the limitations prescribed in said Section 7-5-3, the maximum gross weight of any vehicle, or combination of vehicles, shall not exceed that determined by the formula:

W = 1,000 (L plus 40)

W = The gross weight in pounds

L = The length in feet between the centers of the first and last axles of such vehicle or combination of vehicles.

In computation of this formula, no gross vehicle weight shall exceed eighty thousand pounds on any street or highway within the City limits, except that on state-maintained secondary state highways within the City, eighty-five thousand pounds shall be the lawful maximum gross weight of such vehicle or combination of vehicles, unless otherwise posted with a specific lower maximum limit. For the purposes of this section, where a combination of vehicles is used, no vehicle shall carry a gross weight of less than ten percent of the overall gross weight of the combination of vehicles except that these limitations shall not apply to specialized trailers or fixed public utilities whose axle may carry less than ten percent of the weight of the combination. The limitations provided in this section shall be strictly construed and enforced.

(b)

Notwithstanding any other provisions of this section, except as may be authorized under section 18-11 of the Model Traffic Code for Colorado Municipalities, no vehicle or combination of vehicles shall be moved or operated, or be permitted to be moved or operated, on any highway or bridge which is part of the national system of interstate and defense highways, also known as the "interstate system," when the gross weight of such vehicle or combination of vehicles exceeds any of the following specified limits:

(1)

Subject to the limitations prescribed in Section 7-5-3, the gross weight of a vehicle having two axles shall not exceed thirty-six thousand pounds.

(2)

Subject to the limitations prescribed in said Section 7-5-3, the gross weight of a single vehicle having three or more axles shall not exceed fifty-four thousand pounds.

(3)

Subject to the limitations prescribed in said Section 7-5-3, the maximum gross weight of any vehicle or combination of vehicles shall not exceed that determined by the formula:

W = 500 (LN/N-1) + 12N + 36

W = Overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds.

L = Distance in feet between first and last axles of such vehicle or combination of vehicles.

N = Number of axles.

But in computations of this formula, no gross vehicle weight shall exceed eighty thousand pounds, except as may be authorized under section 18-11 of the Model Traffic Code for Colorado Municipalities.

(4)

For the purposes of this section, where a combination of vehicles is used, no vehicle shall carry a gross weight of less than ten percent of the overall gross weight of the combination of vehicles; except that this limitation shall not apply to specialized trailers whose specific use is to haul poles and whose axles may carry less than ten percent of the weight of the combination.

(c)

Notwithstanding any other provision of this article, no vehicle or combination of vehicles shall be moved or operated, or be permitted to be moved or operated, on any street, bridge, or highway within this municipality when the gross weight thereof exceeds any posted weight limit for such street, bridge, or highway. Such vehicles shall not be stored or parked on any public or private property except while making normal deliveries.

(d)

For the purposes of this section, axle scales and the method of weighing vehicles that is commonly referred to as "split weighing" or "fore and aft draft weighing," shall be authorized as an acceptable and accurate method of weighing, for law enforcement purposes and statistical data gathering.

[Source: Ord. 1108, 1994; 1734, 2017]

Section 7-5-5. Commercial Vehicles Weighed; Excess Removed.

Section 18-10 of the Model Traffic Code is amended to read as follows:

(a)

Any police officer who has stopped a vehicle for inspection under this article, or has reason to believe that the weight of a vehicle or load is unlawful, is authorized to require the driver to stop and submit to a weighing of the same, either by requiring that such vehicle be driven to the nearest certified public scales, in the event such scales are within a five-mile radius of the location of such stop, or by requiring that such vehicle be driven to the nearest portable or stationary scales operated by the port-of-entry or the City.

(b)

Except as provided in paragraph (c) of this section, whenever an officer, upon weighing a vehicle and load, determines that the weight is unlawful, such officer shall require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed or shifted as may be necessary to reduce the gross weight of such vehicle or the weight upon a single axle or tandem axle of such vehicle, to such limit as permitted under this article. All material so unloaded shall be cared for by the owner or operator of such vehicle at the risk of such owner or operator.

(c)

Whenever an officer, upon weighing a vehicle and load, determines that the weight is unlawful and the load consists of either explosives or hazardous materials, as defined in the Colorado Hazardous Substance Act, C.R.S. Section 25-5-501, et seq., as amended, such officer shall permit the driver of such vehicle to proceed to his destination without requiring the driver to unload the excess portion of such load.

(d)

It shall be unlawful for any driver of a vehicle, when directed by a police officer, to fail or refuse to stop and submit the vehicle and load to a weighing or to fail or refuse when directed by an officer to allow the unloading of the vehicle to the gross weight of such vehicle or the weight upon any single axle or tandem axle of such vehicle, permitted in this article, or other wise, to fail or refuse to comply with the provisions of this section.

[Source: Ord. 1108, 1994]

Section 7-5-6. Immobilization of Commercial Vehicles. Police officers are hereby authorized to immobilize, impound, or otherwise direct the disposition of commercial vehicles when it is determined that the motor vehicle or operation thereof is unsafe and when such immobilization, impoundment or disposition is appropriate under the "Rules and Regulations Concerning the Minimum Standards for the Operation of Commercial Vehicles," as promulgated by the Colorado Department of Safety, and as the same may be amended from time to time.

[Source: Ord. 1108, 1994]

Section 7-5-7. Continuing Violation--Penalty. Each and every event for which there is a violation of this Article 5 of Chapter 7, or title 18 of the Model Traffic Code for Colorado Municipalities, as amended, shall constitute a separate and distinct offense, punishable in accordance with this Chapter 7, except as otherwise set forth below:

(a)

Section 7-5-1: minimum mandatory $75.00.

(b)

Model Traffic Code 18-3(a): minimum mandatory $75.00.

(c)

Model Traffic Code 18-3(b): minimum mandatory $75.00.

(d)

Model Traffic Code 18-3(c): minimum mandatory $75.00.

(e)

Model Traffic Code 18-3(d): minimum mandatory $30.00.

(f)

Model Traffic Code 18-3(e): minimum mandatory $75.00.

(g)

Model Traffic Code 18-7: minimum mandatory $50.00 for each 1,000 pounds in violation or fraction thereof.

(h)

Model Traffic Code 18-8: minimum mandatory $50.00 for each 1,000 pounds in violation or fraction thereof.

(i)

Model Traffic Code 18-10(d): minimum mandatory $75.00.

Nothing in this section shall be construed to prevent the court from imposing a fine greater than the minimum mandatory fine.

[Source: Ord. 1108, 1994]