Chapter 10.54
Chapter 10.54

REGULATING THE KINDS AND CLASSES OF TRAFFIC

Sections:
10.54.010 Restricted use of streets.
10.54.020 Size and weight restrictions-Applicability.
10.54.030 Height, width and length of vehicles and loads.
10.54.040 Projecting loads on vehicles.
10.54.050 Spilling loads on streets or highways-Prevention of spilling aggregate, trash, or recyclables.
10.54.060 Trailers and towed vehicles.
10.54.070 Wheel and axle loads.
10.54.080 Gross weight of vehicles and loads.
10.54.090 Weight limits on certain streets or parts thereof.
10.54.100 Vehicles weighed, excess removed.
10.54.110 Permits for excess size and weight.
10.54.120 Liability for damage to street or structure.
10.54.130 Splash guards-When required.

10.54.010 Restricted use of streets.
A. The use of certain streets and roadways by motor-driven cycles, trucks or other commercial vehicles, bicycles and horse-drawn vehicles or other nonmotorized traffic shall be restricted or prohibited when declared by the traffic engineer, and when official signs giving notice thereof are erected as authorized in Section 10.69.080.
B. For the purpose of road construction and maintenance any street or portion thereof may, by action of this municipality or by agreement with other concerned road agencies, be temporarily closed to through traffic or to all vehicular traffic during the work project, and the traffic affected shall be guided along appropriate detours or alternative routes by official traffic-control devices.
C. When signs are so erected giving notice of restrictions or prohibitions upon the use of streets, no person shall disobey the directions or instructions stated on such signs.
D. The provisions of subsection (A) of this section shall not be construed to prohibit the drivers of any excluded vehicles from traveling over such restricted or prohibited streets, other than controlled-access roadways, for the purpose of delivering or picking up materials or merchandise or reaching their destinations which occur on these particular streets, provided such excluded vehicles enter such streets at the intersection nearest the destination of the vehicle and proceed thereon no farther than the nearest intersection thereafter.
E. Any person who violates any provision of this section commits a Class 3 traffic offense. (Ord. O-75-96 § 94, 1975; Ord. O-74-44 § 1 (part), 1974).

10.54.020 Size and weight restrictions-Applicability.
A. It is unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any street or highway within this municipality any vehicle or vehicles of a size, weight and load exceeding the limitations described in this chapter and in Sections 42-4-502 through 42-4-512 of the Colorado Revised Statutes, as amended, or otherwise in violation of said sections or Section 42-4-1407 except as permitted in Section 10.54.110 of this chapter.
B. Any person who violates any provision of this section commits a Class 3 traffic offense. (Ord. O-97-62 § 28, 1997; Ord. O-81-14 § 1, 1981; Ord. O-77-86 § 28, 1977; Ord. O-75-96 § 95, 1975; Ord. O-74-44 § 1 (part), 1974).

10.54.030 Height, width and length of vehicles and loads.
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 or less may be operated on streets which are state highways when so designated by the State Department of Highways.
B. The total outside width of any vehicle or the load thereon shall not exceed one hundred two inches, except as otherwise provided in this section.
1. The total outside width of buses and coaches used for transportation or passengers shall not exceed eight feet six inches.
2. A load of loose hay, including loosely bound, round bales, whether horse drawn or by motor, shall not exceed twelve feet in width.
3. 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.
4. The total outside width of any vehicle, as required in this subsection, shall not be construed so as to prohibit the projection beyond such width of clearance lights, rear view mirrors or other accessories required by law.
C. No single motor vehicle shall exceed a length of forty-five feet extreme overall dimension, inclusive of front and rear bumpers. The length of vehicles used for the mass transportation of passengers wholly within the municipality or within a radius of fifteen miles thereof may extend to sixty feet. The length of school buses may also extend to forty feet.
D. Buses used for the transportation of passengers between towns, cities, and municipalities in the state of Colorado may be sixty feet extreme overall length, inclusive of front and rear bumpers but shall not exceed a height of thirteen feet six inches, if such buses are equipped to conform with the load and weight limitations set forth in Section 10.54.080; except that buses with a height of fourteen feet six inches which otherwise conform to the requirements of this subsection D shall be operated only on highways designated by the department of transportation.
E. 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. Said length limitation shall not apply to unladen truck tractor-semitrailer combinations when the semitrailer is fifty-seven feet four inches or less in length, or to unladen truck tractor-semitrailer-trailer combinations when both the semitrailer and the trailer are twenty-eight feet six inches or less in length. Said 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 10.54.110, 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. The limitations provided in this section shall be strictly construed and enforced.
F. Notwithstanding the provisions of subsection E of this section, the following combinations of vehicles shall not exceed seventy-five feet in total overall length:
1. Saddlemount combinations consisting of no more than four units;
2. Laden truck tractor-semitrailer combinations; and
3. Specialized equipment used in combination for transporting automobiles or boats. The overall length of such combination shall be exclusive of:
a. Safety devices; however, such safety devices shall not be designed or used for carrying cargo;
b. Automobiles or boats being transported;
c. Any extension device that may be used for loading beyond the extreme front or rear ends of a vehicle or combination of vehicles; except that the projection of a load, including any extension devices loaded to the front of the vehicle, shall not extend more than four feet beyond the extreme front of the grill of such vehicle and no load or extension device may extend more than six feet to the extreme rear of the vehicle.
G. The length limitations of vehicles and combinations of vehicles provided for in this section as they apply to vehicles being operated and utilized for the 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 Section 10.54.040(B) and no load shall project to the rear more than ten feet.
H. Any person who violates any provision of this section commits a Class 4 traffic offense. (Ord. O-97-62 § 29, 1997; Ord. O-94-34 § 17, 1994; Ord. O-87-87 § 2, 1987; Ord. O-87-32 § 5, 1987; Ord. O-80-76 § 8, 1980; Ord. O-75-96 § 97, 1975; Ord. O-74-44 § 1 (part), 1974).

10.54.040 Projecting loads on vehicles.
A. No passenger-type vehicle, except a motorcycle or bicycle, shall be operated on any highway with any load carried thereon extending beyond the line of the fenders on the left side of such vehicle nor extending more than six inches beyond the line of the fenders on the right side thereof.
B. 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 vehicles or vehicle or the headlamp lenses of such vehicle; provided, that a load may project not more than four feet beyond the front headlamp lenses 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 the driver's compartment is so loaded as not to obscure the vision of the driver to the front or to either side, except as otherwise provided in Section 10.54.030(D).
C. It is unlawful for any person to operate a 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.
D. Any person who violates any provision of this section commits a Class 4 traffic offense. (Ord. O-97-62 § 30, 1997; Ord. O-87-32 § 6, 1987; Ord. O-80-76 § 8, 1980; Ord. O-75-96 § 97, 1975; Ord. O-74-44 § 1 (part), 1974).

10.54.050 Spilling loads on streets or highways-Prevention of spilling aggregate, trash, or recyclables.
A. No vehicle shall be driven or moved on any highway unless such vehicle is constructed or loaded or the load thereon securely covered to prevent any of its load from blowing, dropping, sifting, leaking or otherwise escaping there from, except that material may be dropped for the purpose of securing traction or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway.
B. 1. A vehicle shall not be driven or moved on a highway if the vehicle transporting trash or recyclables unless at least one of the following conditions is met:
a. The load is covered by a tarp or other cover in a manner that prevents the load from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle;
b. The vehicle utilizes other technology that prevents the load from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle;
c. The load is required to be secured under and complies with 49 CPR 392 and 393;
d. The vehicle is loaded in such a manner or the load itself has physical characteristics such that the contents will not escape from the vehicle. Such a load may include, but is not limited to, heavy scrap metal or hydraulically compressed scrap recyclables.
2. Paragraph (1) of this subsection (B) shall not apply to a motor vehicle in the process of collecting trash or recyclables within a one-mile radius of the motor vehicle's last collection point.
C. 1. No vehicle shall be driven or moved on any highway for a distance of more than two miles if the vehicle is transporting aggregate material with a diameter of one inch or less unless:
a. The load is covered by a tarp or other cover in a manner that prevents the aggregate material from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle, or
b. The vehicle utilizes other technology that prevents the aggregate material from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle.
2. Paragraph (1) of this subsection (C) shall not apply to a vehicle:
a. Operating entirely within a marked construction zone;
b. Involved in maintenance of public roads during snow or ice removal operations; or
c. Involved in emergency operations when requested by a law enforcement agency or an emergency response authority designated in or pursuant to Section 29-22-102, C.R.S.
D. For the purposes of this Section:
1. "Aggregate material" means any rock, clay, silts, gravel, limestone, dimension stone, marble, and shale, except that "Aggregate Material" does not include hot asphalt, including asphalt patching material, wet concrete, or other materials not susceptible to blowing.
2. "Recyclables" means material or objects that can be reused, reprocessed, remanufactured, reclaimed, or recycled.
3. "Trash" means material or objects that have been or are in the process of being discarded or transported.
E. 1. Except as otherwise provided in Paragraph (2) or (3) of subsection (E), any person who violates any provision of this section commits a Class 4 traffic offense.
2. Any person who violates any provision of this section while driving or moving a car or pickup truck without causing bodily injury to another person commits a Class 3 traffic offense.
3. Any person who violates any provision of this section while driving or moving a car or pickup truck and thereby proximately causes bodily injury to another person commits a Class 2 Misdemeanor traffic offense. (Ord. O-2006-30 § 13, 2006; Ord. O-2005-11 § 4, 2005; Ord. O-97-62 § 31, 1997; Ord. O-75-96 § 98, 1975; Ord. O-74-44 § 1 (part), 1974).

10.54.060 Trailers and towed vehicles.
A. When one vehicle is towing another, the drawbar or other connection shall be of sufficient strength to pull all weight towed thereby, and the drawbar or other connection shall not exceed fifteen feet from one vehicle to the other, except the connection between any two vehicles transporting poles, pipe, machinery or other objects of a structural nature which cannot readily be dismembered, and except connections between vehicles in which the combined lengths of the vehicles and the connection does not exceed an overall length of fifty-five feet and the connection is of rigid construction included as part of the structural design of the towed vehicle.
B. When one vehicle is towing another with a chain, rope, cable or similar connection, there shall be displayed, as near the center of such connection as practical, a white flag or cloth not less than twelve inches square.
C. Whenever one vehicle is towing another, in addition to the drawbar or other connection, except a fifth-wheel connection meeting the requirements of the Interstate Commerce Commission, safety chains or cables arranged in such a way that it will be impossible for the vehicle being towed to break loose from the vehicle towing in the event the drawbar or other connection were to be broken, loosened or otherwise damaged, shall be used. This shall apply to all motor vehicles; all trailers, except semitrailers connected by a proper fifth wheel; and to any dolly used to convert a semitrailer to a full trailer.
D. Any person who violates any provision of this section commits a Class 4 traffic offense. (Ord. O-97-62 §§ 32, 33, 1997; Ord. O-87-32 § 7, 1987; Ord. O-75-96 § 99, 1975; Ord. O-74-44 § 1 (part), 1974).

10.54.070 Wheel and axle loads.
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 of a vehicle shall not exceed the following:
1. When the wheels attached to said axle are equipped with solid rubber or cushion tires, sixteen thousand pounds;
2. a. Except as provided in paragraph (2)(b) of this subsection B, when the wheels attached to a single axle are equipped with pneumatic tires, twenty thousand pounds;
b. When the wheels attached to a single axle are equipped with pneumatic tires and the vehicle is a digger derrick or bucket boom truck operated by an electric utility on a highway that is not on the interstate system as defined in Section 43-2-101, C.R.S., twenty-one thousand pounds;
3. Vehicles equipped with a self-compactor and used solely for the transporting of trash are exempted from the provisions of this subsection;
4. When the wheels attached to a tandem axle are equipped with pneumatic tires, forty thousand pounds for highways not on the interstate system and thirty-six thousand pounds for highways on the interstate system.
C. For the purposes of this section:
1. A single axle is defined as all wheels, whose centers may be included within two parallel transverse vertical planes not more than forty inches apart, extending across the full width of the vehicle;
2. A tandem axle is defined as two or more consecutive axles, the centers 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.
D. 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.
E. Any person who violates any provision of this section commits a Class 2 traffic offense. (Ord. O-97-62 § 34, 1997; Ord. O-89-75 § 2, 1989; Ord. O-87-87 § 3, 1987; Ord. O-87-32 § 8, 1987; Ord. O-80-76 § 9, 1980; Ord. O-75-96 § 100, 1975; Ord. O-74-44 § 1 (part), 1974).

10.54.080 Gross weight of vehicles and loads.
A. Except as provided in subsection B of this section, no vehicle or combination of vehicles shall be moved or operated on any highway or bridge when the gross weight thereof exceeds the limits specified below:
1. a. The gross weight upon any one axle of a vehicle shall not exceed the limits prescribed in Section 10.54.070.
b. Subject to the limitations prescribed in Section 10.54.070, the gross weight of a vehicle having two axles shall not exceed thirty-six thousand pounds.
c. Any person who violates any provision of this section commits a Class 2 traffic offense. Violators shall be subject to the penalties set forth in Section 1.16.020 of the Lakewood Municipal Code and for each axle and/or gross weight violation an additional penalty assessment fine according to the following schedule:

Excess weight in pounds Penalty assessment fine amount
1 to 3000 $50.00
3,001 to 4,250 65.00
4,251 to 4,500 80.00
4,501 to 4,750 95.00
4,751 to 5,000 110.00
5,001 to 5,250 125.00
5,251 to 5,500 140.00
5,501 to 5,750 155.00
5,751 to 6,000 170.00
6,001 to 6,250 185.00
6,251 to 6,500 210.00
6,501 to 6,750 235.00
6,751 to 7,000 260.00
7,001 to 7,250 285.00
7,251 to 7,500 325.00
7,501 to 7,750 365.00
7,751 to 8,000 405.00
8,001 to 8,250 445.00
8,251 to 8,500 495.00
8,501 to 8,750 545.00
8,751 to 9,000 595.00
9,001 to 9,250 645.00
9,251 to 9,500 705.00
9,501 to 9,750 765.00
9,751 to 10,000 825.00
Excess weight in pounds Penalty assessment fine amount
10,001 to 10,250 885.00
10,251 to 10,500 920.00
10,501 to 10,750 955.00
10,751 to 11,000 990.00
11,001 and over 999.00
2. Subject to the limitations prescribed in Section 10.54.070, the maximum gross weight of any vehicle or combination of vehicles shall not exceed that determined by the formula W equals 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, but in computation of this formula no gross vehicle weight shall exceed eighty-five thousand pounds. 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 of fixed public utilities whose axles 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. The gross weight limits provided in subsection A of this section are increased by one-thousand pounds for any vehicle or combination of vehicles if the vehicle or combination of vehicles contains an alternative fuel system and operates on alternative fuel or both alternative and conventional fuel. The provisions of this subsection B apply only when the vehicle or combination of vehicles is operated on a highway that is not on the interstate highway system as defined in Section 43-2-101(2), C.R.S. For the purposes of this subsection B, "alternative fuel" has the same meaning provided in Section 25-7-106.8(1)(a), C.R.S.
C. Any person who violates any provision of this section commits a Class 2 traffic offense. (Ord. O-2002-47 § 1, 2002; Ord. O-97-62 § 35, 1997; Ord. O-87-87 § 4, 1987; Ord. O-87-32 § 9, 1987; Ord. O-80-76 §§ 10, 11, 1980; Ord. O-75-96 § 101, 1975; Ord. O-74-44 § 1 (part), 1974).

10.54.090 Weight limits on certain streets or parts thereof.
When official signs are erected giving notice thereof, no person shall operate any vehicle with a weight limit in excess of the amount specified on such signs at any time upon the streets or parts thereof or upon any of the bridges or viaducts so designated by the Traffic Engineer. Any person who violates any provision of this section commits a Class 3 traffic offense. (Ord. O-75-96 § 102, 1975; Ord. 9-74-44 § 1 (part), 1974).

10.54.100 Vehicles weighed, excess removed.
A. Any police agent 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 or shall require that such vehicles be driven to the nearest public scales in the event such scales are within five miles.
B. Except as provided in subsection C of this section, whenever an agent upon weighing a vehicle and load, as above provided, 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 as may be necessary to reduce the gross weight of such vehicle to such limit as permitted under this chapter. All material as 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 as provided in subsection A of this section determines that the weight is unlawful and the load consists solely of either explosives or hazardous materials as defined in Section 42-1-102(32), C.R.S., such officer shall permit the driver of such vehicle to proceed to his destination without requiring him to unload the excess portion of such load.
D. It is unlawful for any driver of a vehicle when directed by a police agent to fail or refuse to stop and submit the vehicle and load to a weighing, or to fail or refuse when directed by an agent to allow the unloading of the vehicle to the gross weight of such vehicle permitted in this chapter, or otherwise to fail or refuse to comply with the provisions of this section.
E. Any person who violates any provision of this section commits a Class 2 traffic offense. (Ord. O-97-62 § 36, 1997; Ord. O-87-32 § 10, 1987; Ord. O-84-87 § 5, 1984; Ord. O-75-96 § 103, 1975; Ord. O-74-44 § 1 (part), 1974).

10.54.110 Permits for excess size and weight.
A. The Director of the Department of Planning, Permits and Public Works or his designee may, in his discretion, upon receiving application in writing and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this chapter or otherwise not in conformity with the provisions of this chapter.
B. The application for any such permit shall specifically describe the vehicle or vehicles and load to be operated or moved and the particular streets or highways for which the permit to operate is required, and the time of such movement.
C. In granting such permit the Director of the Department of Planning, Permits and Public Works or his designee may at his discretion limit the number of trips or establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated, or otherwise limit or prescribe conditions of operation of such vehicle or vehicles, when necessary to protect the safety of highway users, to protect the efficient movement of traffic from unreasonable interference, or to protect the highways from undue damage to the road foundations, surfaces or structures, and may require such other undertaking or other security as may be deemed necessary to compensate for any injury to any roadway or highway or road or highway structure.
D. Permits issued by the Colorado Department of Highways, authorizing the movement of vehicles under this section, on any of the connecting links of the state highway system within this municipality, shall be construed to have the joint approval of the street and highway authority.
E. Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police agent or authorized agent of any authority granting such permit, and no person shall violate any of the terms or conditions of such special permit.
F. No permit shall be necessary for the operation of authorized emergency vehicles, public transportation vehicles operated by municipalities or other political subdivisions of the state, implements of husbandry, and farm tractors temporarily moved upon the highway, including transportation of such tractors or implements by a person dealing therein to his place of business within the state or to the premises of a purchaser or prospective purchaser within the state, nor shall such vehicle be subject to the size and weight provisions of Section 10.54.020.
G. Any person who violates any provision of this section commits a Class 2 traffic offense. (Ord. O-91-59 § 15 (part), 1991; Ord. O-87-32 § 11, 1987; Ord. O-77-86 § 29, 1977; Ord. O-75-96 § 104, 1975; Ord. O-74-44 § 1 (part), 1974).

10.54.120 Liability for damage to street or structure.
A. No person shall drive, operate, or move upon or over any street or highway structure any vehicle, object, or contrivance in such a manner so as to cause damage to said street or highway structure or sign bridge within or suspended over the public right-of-way. When the damage sustained to said street or highway structure is the result of the operating, driving, or moving of such vehicle, object, or contrivance weighing in excess of the maximum weight allowable in this chapter, it shall be no defense to any action, either civil or criminal, brought against such person that the weight of the vehicle was authorized by special permit issued as provided in this chapter.
B. Every person violating the provisions of subsection (A) of this section shall be liable for all damage which said highway or highway structure may sustain as a result thereof. Whenever the driver of such vehicle, object, or contrivance is not the owner thereof but is operating, driving, or moving such vehicle, object, or contrivance with the express or implied consent of the owner thereof, then said owner or driver shall be jointly and severally liable for any such damage. The liability for damage sustained by any such highway or highway structure may be enforced by a civil action by the authorities in control of such highway or highway structure. No satisfaction of such civil liability, however, shall be deemed to be a release or satisfaction of any criminal liability for violation of the provisions of subsection (a) of this section.
C. Any person who violates any provision of this section commits a Class 3 traffic offense.

10.54.130 Splash guards-When required.
A. As used in this section, unless the context otherwise requires:
1. "Splash guards" means mud flaps, rubber, plastic or fabric aprons, or other devices directly behind the rear-most wheels, designed to minimize the spray of water and other substances to the rear.
2. "Splash guards" must, at a minimum, be wide enough to cover the full tread of the tire or tires being protected, hang perpendicular from the vehicle not more than ten inches above the surface of the street or highway when the vehicle is empty, and generally maintain their perpendicular relationship under normal driving conditions.
B. Except as otherwise permitted in this section, no vehicle or motor vehicle shall be driven or moved on any street or highway unless the vehicle or motor vehicle is equipped with splash guards.
C. This section does not apply to:
1. Passenger carrying motor vehicles registered pursuant to Section 42-3-134(4), C.R.S.;
2. Trucks and truck tractors registered pursuant to Section 42-3-134(12) or (13), C.R.S. having an empty weight of ten thousand pounds or less;
3. Trailers equipped with fenders or utility pole trailers;
4. Vehicles while involved in chip and seal or paving operations or road widening equipment;
5. Truck tractors or converter dollies when used in combination with other vehicles;
6. Vehicles drawn by animals, or
7. Bicycles.
D. Any person who violates any provision of this section commits a Class 4 traffic offense. (Ord. O-2005-11 § 5, 2005; Ord. O-97-62 § 38, 1997; Ord. O-87-32 § 12, 1987; Ord. O-74-44 § 1 (part), 1974).