TC Ord. No. 23-05 Amending Title 10 of the Avon Municipal Code to Establish Parking Fee RegulationsA
Avon
C O L OR A 00
ORDINANCE NO.23-05
AMENDING TITLE 10 OF THE AVON MUNICIPAL CODE
TO ESTABLISH PARKING FEE REGULATIONS
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon ("Avon"), the Avon Town Council ("Council") has the power to
make and publish ordinances necessary and proper to provide for the safety, preserve the health,
promote the prosperity, and improve the morals, order, comfort, and convenience of its
inhabitants; and
WHEREAS, pursuant to C.R.S. §43-2-135 and the Avon's home rule authority, Avon is
authorized to regulate the use of streets; and
WHEREAS, Council finds and determines it is in the best interest of the Avon to adopt this
Ordinance amending Title 10 of the Municipal Code of the Town to promote the public health,
safety, prosperity, security, and general welfare of the Town's inhabitants; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that
Council desires to comply with the requirement of Section 6.5(d) of the Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
and that approval of this Ordinance on first reading does not constitute a representation that
Council, or any member of the Council, has determined to take final action on this Ordinance
prior to concluding the public hearing on second reading.
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 Council.
Section 2. Amendment to Chapter 10.10. Chapter 10.10 is hereby amended as set forth on
Exhibit A: AMENDING TITLE 10 OF THE AVON MUNICIPAL CODE, and attached
hereto, with strike -out indicating language to be deleted and underline indicating language to be
adopted:
Section 3. 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. 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
Ord 23-05 Amending Vehicles and Traffic
Page 1 of 4
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 Avon.
Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power 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. Council further
determines that the Ordinance bears a rational relation to the proper legislative object sought to
be obtained.
Section 6. No Existine 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 7. Codification of Amendments. The codifier of the Avon'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 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[EXECUTION PAGE FOLLOWS]
Ord 23-05 Amending Vehicles and Traffic
Page 2 of 4
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on September 26, 2023, and setting such public hearing
for October 10, 2023, at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado. --<!�
14 OFq�02
ATTEST—, _
Miguel Jaureg asanueva, T Cler j'
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council
2023.
A
Miguel Jauregfui fCasanueva,
�pr1 N OFq�
O,y
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Ord 23-05 Amending Vehicles and Traffic
Page 3 of 4
EXHIBIT A: AMENDING TITLE 10 OF THE AVON MUNICIPAL CODE
Indicates language that is deleted,
Underline indicates language that is added and enacted.
CHAPTER 10.06 Fines for Violations
CHAPTER 10.10 General Parking Regulations
CHAPTER 10.06 - Fines for Violations
10.06.010 - Schedule of fines.
(a) The fines listed in the following schedule are the minimum fines that may be imposed for violations
of the Sections of this Code or the adopted Model Traffic Code for Colorado Municipalities listed
therein. Any vehicle parked in violation of a Town ordinance or other provision of this Code other
than those in the following schedule shall cause the person or persons liable for the violation to be
assessed a minimum fine of fifteen detlaFS($15.0 Mhirty-five ($35,00).
(b) (b)Schedule of fines if paid by tweRty{20) on or before forty-five (45) days after the date of
issuance of the citation:
Code
Description
Sanction
10.04.090
Unlawful parking on private parking lots; violation of posted signs
(anywhere in Town)
$ 35.00
10.08.020
Unlawful parking in restricted -use area
(anywhere in Town)
$ 35.00
10.10.050
Parking without Paving Parking Fee
$35.00
10.10.060
Double parking
$ 35.00
10.12.060
Emergency lane parking
(anywhere in Town)
$ 35.00
MTC 1202
or
10.14.010
Parking on the main -traveled portion of the roadway
$35.00
$ 1
/r',,.....,...eFGi-,I G C
$45-A9
MTC 1204
Stopping, standing or parking prohibited in specified places
35.00
c,
c
MTC 1205
Where permitted, parking with right-hand wheels in excess of 12 inches
from curb
$35.00
C
MTC 1208
or
10.16.010
Diissabled parking
(anywhere in Town)
$100.00
Exhibit A: Amending Title 10 of the Avon Municipal Code
Page 1 of 3
10.06.020 - Automatic fine increase.
The amount of a fine set forth in Subsection 10.06.10(b) above shall automatically increase by thirty five
fifty ($50.00) if not paid by twre"+forty-five (45) days after the date of the issuance of
the citation. The date of payment for this Section shall be the date the payment is delivered to the Municipal
Court or, if mailed, the date the payment is postmarked if properly addressed to the Municipal Court.
10.06.030 - Default judgment; fee.
If the fine has not been paid by s')d forty-five (45) days after the date of the issuance of the citation
and the defendant has not requested a court hearing on the citation, a default judgment shall be
automatically entered, . The date of
payment for this Section shall be the date that payment is actually received by the Municipal Court. The
default judgment amount includes the thirty-five dollar ($35.00) parking fine plus the fifty dollar ($50.00)
increased fine amount. Avon may ser4collect this amount plus costs of collection and an administrative
fee tethrough a collection agency.
CHAPTER 10.10 - General Parking Regulations
10.10.010 - Parking violation notice; issuance.
(a) A copy of the citation for unlawful parking need not be personally served upon the owner or
operator of the vehicle but may be served by attaching a copy of such notice or citation to the
vehicle. Citations may be issued by police officers, police code enforcement officers, a municipally
hired police parking monitor or authorized private contractor approved by the Chief of Police.
(b)The citation shall include: (1) The date, time and location of the violation;(2) The state license
number of the vehicle unlawfully parked; (3) Reference to the Town ordinance or Code provision
violated; and (4)A notice that: a. Within twenty (20) calendar days after the date that the citation is
issued, the stated fine for the violation must be paid and received by the Town; b. The fine amount
shall automatically increase in accordance with Section 10.06.020 after twenty (20) calendar days;
and c. A request made for a hearing to contest the alleged violation must be made and received by
the Town by thirty (30) days after the date of the citation.(c)The citation, or copy thereof, shall
constitute prima facie evidence of the parking infraction.(d)The Town may contract with a private
person or entity for the collection of civil judgments in parking cases,
10.10.050 - Paid Parking Regulations
(a) The Town Manager has administrative authority to establish paid parking regulations on any Town
property and Town rights -of -way, including the authority to set hours for complimentary, free
parking; set the parking fee rate per hour and by fixed rate; and establish times when parking is
prohibited.
b) Notice of parking fee rates and pavment instructions shall be provided by a visible sian within 75
feet of the parking stall.
(c) The provisions of this section shall not relieve any person from the duty to observe other and more
restrictive provisions of this Code or official signs or parking legends prohibiting or limiting the
stopping, standing, or parking of vehicles in specified places at specified times or in a specified
manner.
(d) The Avon Police Department has authority to monitor, administer and enforce these paid parking
regulations, including the authority to appoint an independent contractor to serve as a parking
enforcement officer for the Town pursuant to a written contract, which contract shall set forth the
general duties, responsibilities, and requirements of the parking enforcement officer. Members of
an independent contractor shall not be considered employees of the Town. The parking
enforcement officer shall have the authority to enforce the provisions of this Section, to issue
penalty assessment notices, and to collect fines in accordance with generally accepted lawful
collection procedures. Such penalty assessment notices may be appealed to the Avon Municipal
Court in accordance with that certain edition of the Model Traffic Code for Colorado as is currently
adopted and enforced by the Town.
(e) The following methods of service shall be deemed to provide a defendant with full and adequate
notice of the contents of a penalty assessment for a violation of this Section, including, but not
limited to, the date by which the defendant must pay the penalty stated in the assessment or
appear in Municipal Court:
(1) Any method of service permitted under that certain edition of the Model Traffic Code for
Colorado as is currently adopted by and enforced within the Town; or
(2) Placement or affixing of the penalty assessment on the vehicle alleged to be in violation of
this Section.
(f) Failure to pay for parking in accordance with established and posted paid parking regulations
excess is subject to a parking fine as stated in 10.06.010. An Avon Police G fGef-ef-Code
Enforcement 90fficer or Parking Enforcement Officer will place the violation citation on the vehicle.
The citation will include instructions regarding the method and manner of paving the citation.