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SPEED REGULATIONS
Sections:
10.15.010 Speed limits.
10.15.015 Designation of highway maintenance, repair, or
construction zones-signs- increase in penalties for certain violations.
10.15.020 Decrease of speed limits in certain zones.
10.15.030 Increase of speed limits in certain zones.
10.15.040 Special hazards.
10.15.050 Minimum speed regulation.
10.15.060 Speed contests-speed exhibitions-aiding and facilitating.
10.15.070 Regulation of speed by traffic signals.
10.15.080 Emergency vehicles not subject to speed limits.
10.15.010 Speed limits.
A. No person shall drive a vehicle on a street or highway within this municipality
at a speed greater than is reasonable and prudent under the conditions then
existing.
B. Except when a special hazard exists that requires lower speed, the following
speeds shall be lawful:
1. Twenty-five miles per hour in any business district;
2. Thirty miles per hour in any residence district;
3. Fifteen miles per hour on any alley or alleyway:
4. Forty-five miles per hour for all vehicles in the business of transporting
trash, where higher speeds are posted, when said vehicle is loaded as an exempted
vehicle pursuant to Section 42-4-507(3)(a), C.R.S.;
5. Any speed not in excess of a speed limit designated by an official traffic
control device.
C. Notwithstanding any other provision of this section, no person shall drive
a vehicle on a street or highway within this municipality in excess of a maximum
lawful speed of sixty-five miles per hour. No speed limit shall be authorized
above sixty-five miles per hour, and all sixty-five mile per hour speed limits
shall be considered maximum lawful speed limits and not prima facie speed limits.
D. Except as otherwise provided in subsection (C) of this section, any speed
in excess of the lawful speeds set forth in subsection (B) of this section shall
be prima facie evidence that such speed was not reasonable or prudent under
the conditions then existing.
E. The conduct of a driver of a vehicle which would otherwise constitute a violation
of this section is justifiable and not unlawful when:
1. It is necessary as an emergency measure to avoid an imminent public or private
injury which is about to occur by reason of a situation occasioned or developed
through no conduct of said driver and which is of sufficient gravity that, according
to ordinary standards of intelligence and morality, the desirability and urgency
of avoiding the injury clearly outweigh the desirability of avoiding the consequences
sought to be prevented by this section; or
2. With respect to authorized emergency vehicles, the applicable conditions
for exemption, as set forth in Section 10.63.070, exist.
F. The minimum requirement for the commission of a violation of this section
is the performance by a driver of prohibited conduct, which includes a voluntary
act or the omission to perform an act which said driver is physically capable
of performing.
G. It shall not be a defense to prosecution for a violation of this section
that:
1. The defendant's conduct was not performed intentionally, knowingly, recklessly,
or with criminal negligence; or
2. The defendant's conduct was performed under a mistaken belief of fact, including,
but not limited to, a mistaken belief of the defendant regarding the speed of
the defendant's vehicle; or
3. The defendant's vehicle has a greater operating or fuel-conserving efficiency
at speeds greater than the reasonable and prudent speed under the conditions
then existing or at speeds greater than the maximum lawful speed limit.
H. A violation of driving one to twenty-four miles per hour in excess of reasonable
and prudent speed or in excess of the maximum lawful speed limit of fifty-five
miles per hour is a Class 3 traffic offense; a violation of driving twenty-five
or more miles per hour in excess of the reasonable and prudent speed or in excess
of the maximum lawful speed limit of fifty-five miles per hour is a Class 2
traffic offense.
I. A violation of driving in excess of the speed limit set forth in a maintenance,
repair, or construction zone shall be subject to the increased penalties and
surcharges as set forth in Section 10.15.015. (Ord. O-2005-11 § 1, 2005;
Ord. O-97-62 §§ 8, 9, 1997; Ord. O-96-29 § 1, 1996; Ord. O-87-87
§ 1, 1987; Ord. O-77-86 § 12, 1977; Ord. O-75-96 § 12, 1975;
Ord. O-74-100 § 1, 1974; Ord. O-74-44 § 1 (part), 1974).
10.15.015 Designation of highway maintenance, repair,
or construction zones-signs-increase in penalties for certain violations.
A. If maintenance, repair, or construction activities are occurring or will
be occurring within four hours on a state highway or municipal street, the department
of transportation or the City of Lakewood may designate such portion of the
highway as a highway maintenance, repair, or construction zone. Any person who
commits a violation of any provision of Chapters 10.06, 10.09, 10.18, 10.21,
10.24, 10.27, 10.30, 10.45, 10.54, or 10.57 or Section 10.60.100 or Section
10.60.130 of the Lakewood Municipal Code in a maintenance, repair, or construction
zone that is designated pursuant to the provisions of this section is subject
to increased penalties and surcharges.
B. The department of transportation or the City of Lakewood shall designate
a maintenance, repair, or construction zone by erecting or placing an appropriate
sign in a conspicuous place before the area where the maintenance, repair, or
construction activity is taking place or will be taking place within four hours.
Such sign shall notify the public that increased penalties for certain traffic
violations are in effect in such zone. The department of transportation or the
City of Lakewood shall erect or place a second sign after such zone indicating
that the increased penalties for certain traffic violations are no longer in
effect. A maintenance, repair, or construction zone begins at the location of
the sign indicating that increased penalties are in effect and ends at the location
of the sign indicating that the increased penalties are no longer in effect.
C. Signs used for designating the beginning and end of a maintenance, construction,
or repair zone shall conform to the department of transportation requirements.
The department of transportation or the City of Lakewood may display such signs
on any fixed, variable, or moveable stand. The department of transportation
or the City of Lakewood may place such a sign on a moving vehicle if required
for certain activities, including, but not limited to, highway painting work.
D. The penalties and surcharges imposed for traffic violations set forth in
subsection (A) of this section are doubled if said traffic violation occurs
within a maintenance, repair, or construction zone that is designated pursuant
to the requirements of this section. (Ord. O-2006-30 § 3, 2006; Ord. O-97-62
§ 10, 1997).
10.15.020 Decrease of speed limits in certain zones.
Whenever it is determined by the Traffic Engineer, after a traffic survey, that
the speed heretofore set as the prima facie speed limit on any portion of any
street within the city is greater than that speed which is reasonable and prudent
under the conditions shown by the traffic survey, the Traffic Engineer shall
be empowered to declare a lower prima facie speed limit which will take effect
upon posting of official signs giving notice of the new speed limit; provided,
however, that decreased speed limits on streets which are part of the state
highway system shall be subject to approval by the State Highway Department
as specified in Section 10.69.090. (Ord. O-94-34 § 4, 1994; Ord. O-77-86
§ 13, 1977; Ord. O-75-96 § 13, 1975; Ord. O-74-44 § 1 (part),
1974).
10.15.030 Increase of speed limits in certain zones.
Whenever it is determined by the Traffic Engineer, after a traffic survey, that
the speed heretofore set as the prima facie speed limit on any portion of any
street within the city is less than necessary for the safe operation of vehicles,
the Traffic Engineer shall be empowered to declare a higher prima facie speed
limit which will take effect upon posting of official signs giving notice of
the new speed limit; provided, however, that increased speed limits on streets
which are part of the state highway system shall be subject to approval by the
State Highway Department as specified in Section 10.69.090. (Ord. O-94-34 §
4, 1994; Ord. O-77-86 § 14, 1977; Ord. O-74-44 § 1 (part), 1974).
10.15.040 Special hazards.
A. The driver of a motor vehicle shall decrease his or her speed when a special
hazard exists with respect to pedestrians or other traffic or by reason of weather
or highway conditions, and such speed shall be decreased as may be necessary
to avoid colliding with any person, vehicle or other conveyance, or object on
or entering the street in compliance with legal requirements and with the duty
of all persons to use due care.
B. It is no defense to subsection (A) of this section that the driver's speed
was lower than the speed limit established by law.
C. Any person who violates any provision of this section commits a Class 3 traffic
offense. (Ord. O-85-53 § 1, 1985; Ord. O-80-76 § 2, 1980; Ord. O-78-79
§ 1, 1978; Ord. O-77-86 § 15, 1977; Ord. O-75-96 § 14, 1975;
Ord. O-74-44 § 1 (part), 1974).
10.15.050 Minimum speed regulation.
A. No person shall drive a motor vehicle on any street at such a slow speed
as to impede or block the normal and reasonable forward movement of traffic,
except when a reduced speed is necessary for safe operation of such vehicle
or in compliance with law.
B. Whenever it is determined upon the basis of an engineering and traffic investigation
that slow speeds on certain streets consistently impede the normal and reasonable
movement of traffic on such facilities, the Traffic Engineer may establish minimum
speeds on such streets and those speeds so established shall be effective when
signs are erected giving notice thereof; provided, however, that the minimum
speed limits on streets or expressways which are a part of the state highway
system shall be subject to the approval of the State Department of Highways.
C. Any person who violates any provision of this section commits a Class 3 traffic
offense. (Ord. O-75-96 § 15, 1975; Ord. O-74-44 § 1 (part), 1974).
10.15.060 Speed contests-speed exhibitions-aiding and
facilitating.
A. 1. Except as otherwise provided in subsection (D) of this section, it is
unlawful for any person to engage in a speed contest on a highway.
2. For the purposes of this section, "speed contest" means the operation
of one or more motor vehicles to conduct a race or a time trial, including but
not limited to rapid acceleration, exceeding reasonable and prudent speeds for
highways and existing traffic conditions, vying for position, or performing
one or more lane changes in an attempt to gain advantage over one or more of
the other race participants.
B. 1. Except as otherwise provided in subsection (D) of this section, it is
unlawful for a person to knowingly engage in a speed exhibition on a highway.
2. For the purpose of this section, "speed exhibition" means the operation
of a motor vehicle to present a display of speed or power. "Speed exhibition"
includes, but is not limited to, squealing the tires of a motor vehicle while
it is stationary or in motion, rapid acceleration, rapid swerving or weaving
in and out of traffic, producing smoke from tire slippage, or leaving visible
tire acceleration marks on the surface of the highway or ground.
C. 1. Except as otherwise provided in subsection (D) of this section, a person
shall not, for the purpose of facilitating or aiding or an as incident to any
speed contest or speed exhibition upon a highway, in any manner obstruct or
place a barricade or obstruction, or assist or participate in placing any such
barricade or obstruction, upon a highway.
2. A person who violates any provision of this subsection (C) commits, the offense
that the person aided in or facilitated the commission of. Nothing in this subsection
(C) shall be construed to preclude charging a person for otherwise being a party
to the crime of engaging in a speed contest or engaging in a speed exhibition.
D. The provisions of this section shall not apply to the operation of a motor
vehicle in an organized competition according to accepted rules on a designated
and duly authorized racetrack, racecourse, or drag strip.
E. Any person who violates any provision of this section commits a Class 2 traffic
offense. (Ord. O-2006-30 § 4, 2006; Ord. O-84-63 § 1, 1984; Ord. O-75-96
§ 16, 1975; Ord. O-74-44 § 1 (part), 1974).
10.15.070 Regulation of speed by traffic signals.
Traffic signals may be timed, as authorized in Section 10.69.080 of this title,
so as to permit the movement of traffic in an orderly and safe manner at speeds
slightly at variance from the prima facie speed limit otherwise applicable to
the street or area. (Ord. O-74-44 § 1 (part), 1974).
10.15.080 Emergency vehicles not subject to speed limits.
A. The speed limitations set forth in this title shall not apply to an authorized
emergency vehicle when the driver is responding to an emergency call and is
making use of visual and audible signals as prescribed by law, nor shall said
speed limits apply to a police vehicle while in actual pursuit of a suspected
violator of any law so long as such pursuit is being made to obtain verification
of or evidence of the guilt of the suspected violator.
B. The provisions of subsection (A) of this section shall not relieve the driver
of an authorized emergency vehicle from the duty to drive with due regard for
the safety of all persons using the street, nor shall said provisions protect
the driver of any such vehicle from the consequences of a reckless disregard
for the safety of others. (Ord. O-94-34 § 5, 1994; Ord. O-74-44 §
1 (part), 1974).
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