TC Ord. No. 2011-16 Amending Section 12.04.040 of the Avon Muni Code Regarding Violations of Chapter 12.04 Construction Work...TOWN OF AVON, COLORADO
ORDINANCE NO. 11-16
SERIES OF 2011
AN ORDINANCE AMENDING SECTION 12.04.040 OF THE AVON MUNICIPAL
CODE REGARDING VIOLATIONS OF CHAPTER 12.04 CONSTRUCTION WORK
WITHIN PUBLIC WAYS
WHEREAS, the Town of Avon ("Town") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town has broad authority to regulate construction and work performed in
the public right-of-ways within the Town of Avon; and
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the
citizens of the Town of Avon would be enhanced and promoted by the adoption of this
ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence regarding the application and that approval of this Ordinance on first
reading does not constitute a representation that the Town Council, or any member of the Town
Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal
Code.
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. Revealed and Reenacted. Section 12.04.040 of the Avon Municipal Code is
hereby amended by repealing Section 12.04.040 in its entirety and re-enacting Section 12.04.040
to read as follows:
"12.04.040 Violation — penalty.
Any person, firm or corporation violating any of the provisions of this Chapter shall be
deemed to have committed a civil infraction for each and every day or portion thereof
during which any infraction is committed, continued or permitted and shall be subject to
the penalties contained in Chapter 1.09 of this Code."
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.
Ord 11-16 Amending 12.04
11.29.2011 mvh
Page 1 of 3
Section 5. 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.
Section 6. Effective Date. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. 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 S. 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 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Cleric during normal business hours.
[Signature Page Follow)
Ord 11-16 Amending 12.04
11.29.2011 mvh
Page 2 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for January 10,
2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on D 011. 7
S� p Ric Carroll, Mayor
Published by pos g 1n at leas O&W, is places in Town and posting at the office of the Town
Clerk at least seve ,prior to %ial tion by the Town Council.
ATTEST: � APPROVED AS TO FO
a c enny, To rk Eric J. H99
own Attorney
INT UCED, LY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on January I0, 2012.
Rich Carroll, yor
Published by posting by
office of the Town Clerk.
n
�� 3
Ord 11-16 Amending 12.04
11.29.2011 mvh
Page 3 of 3
places in Town and posting by title at the
MEMORANDUM
TO: Honorable Mayor Carroll and Town Council Members
CC: Larry Brooks, Town Manager and Eric Hell, Town Attorney
FROM: Meredith Van Horn, Assistant Town Attorney
RE: Second Reading, Ordinance No. 11-16 Repealing and Reenacting Public Works
Violations Provisions
DATE: January 6, 2012
Summary: On December 13, 2011 the Town Council passed on first reading Ordinance No. 11-16 AN
ORDINANCE AMENDING SECTION 12.04.040 OF THE AVON MUNICIPAL CODE REGARDING
VIOLATIONS OF CHAPTER 12.04 CONSTRUCTION WORK WITHIN PUBLIC WAYS. This ordinance
updates Avon Municipal Code §12.04.040 to de -criminalize the penalties for violations of the section.
Requested Action: Approval on second reading of Ordinance No. 11-16 AN ORDINANCE AMENDING
SECTION 12.04.040 OF THE AVON MUNICIPAL CODE REGARDING VIOLATIONS OF CHAPTER 12.04
CONSTRUCTION WORK WITHIN PUBLIC WAYS.
Thanks, Meredith
Heil Law & Planning, LLC Off ice: 303.993.4608
2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337
Denver, CO 80222 E -Mail: meredith@heillaw.com
MEMORANDUM
& Pldi vin�G iLIc
TO: Honorable Mayor Carroll and Town Council Members
CC: Larry Brooks, Town Manager and Eric Heil, Town Attorney
FROM: Meredith Van Horn, Assistant Town Attorney
RE: Ordinance No. 11-16 Repealing and Reenacting Public Works Violations
Provisions
DATE: December 13, 2011
Summary: As currently written, violations of Avon Municipal Code ("AMC") Chapter 12.04 Construction
Work Within Public Ways incur criminal penalties. The violations of other chapters in Title 12, such as
Chapter 12.12 Railroad Crossings and Chapter 12.16 Sidewalks, incur only civil penalties. The amendments
detailed in Ordinance 11-16 would change the penalty from the criminal penalties in AMC Chapter 1.08 to
the civil penalty in AMC Chapter 1.09.
Proposed Changes: As currently written AMC Section 12.04.040 reads as follows:
"12.04.040 Violation — penalty.
Any person, firm or corporation violating any of the provisions of this Chapter shall be
deemed guilty of a violation of this Chapter, and, upon conviction of any such violation,
such person, firm or corporation shall be punished in accordance with the provisions of
Section 1.08.010 of this Code."
Ordinance 11-16 repeals Section 12.04.040 and reenacts it with the following language:
12.04.040 Violation — penalty.
Any person, firm or corporation violating any of the provisions of this Chapter shall be
deemed to have committed a civil infraction for each and every day or portion thereof
during which any infraction is committed, continued or permitted and shall be subject to
the penalties contained in Chapter 1.09 of this Code."
The amendment would de -criminalize the penalty for a violation of the sections of Chapter 12.04
and imposes the same civil penalties as are found in Chapters 12.12 and 12.16 of Title 12.
Requested Action: Approval of first reading of Ordinance No. 11-16 AN ORDINANCE AMENDING
SECTION 12.04.040 OF THE AVON MUNICIPAL CODE REGARDING VIOLATIONS OF CHAPTER 12.04
CONSTRUCTION WORK WITHIN PUBLIC WAYS.
Thanks, Meredith
Heil Law do Planning, LLC Office: 303.993.4608
2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337
Denver, CO 80222 E -Mail: meredith@heillaw.com
TOWN OF AVON, COLORADO
ORDINANCE NO. 11-16
SERIES OF 2011
AN ORDINANCE AMENDING SECTION 12.04.040 OF THE AVON MUNICIPAL
CODE REGARDING VIOLATIONS OF CHAPTER 12.04 CONSTRUCTION WORK
WITHIN PUBLIC WAYS
WHEREAS, the Town of Avon ("Town") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town has broad authority to regulate construction and work performed in
the public right-of-ways within the Town of Avon; and
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the
citizens of the Town of Avon would be enhanced and promoted by the adoption of this
ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence regarding the application and that approval of this Ordinance on first
reading does not constitute a representation that the Town Council, or any member of the Town
Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal
Code.
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. Repealed and Reenacted. Section 12.04.040 of the Avon Municipal Code is
hereby amended by repealing Section 12.04.040 in its entirety and re-enacting Section 12.04.040
to read as follows:
"12.04.040 Violation — penalty.
Any person, firm or corporation violating any of the provisions of this Chapter shall be
deemed to have committed a civil infraction for each and every day or portion thereof
during which any infraction is committed, continued or permitted and shall be subject to
the penalties contained in Chapter 1.09 of this Code."
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.
Ord 11-16 Amending 12.04
11.29.2011 mvh
Page 1 of 3
Section 5. 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.
Section 6. Effective Date. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. 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 8. 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 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[Signature Page Follow]
Ord 11-16 Amending 12.04
11.29.2011 mvh
Page 2 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for January 10,
2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on December 13, 2011.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric J. Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on January 10, 2012.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 11-16 Amending 12.04
11.29.2011 mvh
Page 3 of 3