TC Ord. No. 25-15 Enacting Chapter 10.50 of the Avon Municipal Code Authorizing the Use of Automated Vehicle Identification Systemsn
Avon
COLORn00
ORDINANCE 25-15
ENACTING CHAPTER 10.50, "AUTOMATED VEHICLE IDENTIFICATION SYSTEMS"
OF THE AVON MUNICIPAL CODE AUTHORIZING THE USE OF AUTOMATED
VEHICLE IDENTIFICATION SYSTEMS
WHEREAS, the Town of Avon, Colorado ("Town") has been duly organized and validly exists as
a Home Rule Town under Article XX, Section 6 of the Colorado Constitution and the Town
Charter; and
WHEREAS, pursuant to C.R.S. § 42-4-110.5, the Town is authorized to utilize automated vehicle
identifications systems ("AVIS") to detect violations of traffic regulations adopted by the Town,
subject to certain conditions and limitations; and
WHEREAS, the Town of Avon Police Department desires to install AVIS to ensure more robust
enforcement of the Town's traffic laws; and
WHEREAS, the Avon Town Council finds and determines that the authorization or use of AVIS
is necessary for the immediate preservation of public health, welfare, peace, and safety; and
WHEREAS, in furtherance of the above -recited compelling interests, the Town Council desires to
enact this ordinance, as authorized by C.R.S. § 42-4-110.5, to authorize the use of AVIS within
specified Town streets and roads; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town
Council desires to add Chapter 10.50 — Use of Automated Vehicle Identification Systems of the
Avon Municipal Code 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 the Town Council, or any member of the Town 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 Council.
Section 2. Addina Chapter 10.50 of the Avon Municipal Code. Chapter 10.50, "Use of
Automated Vehicle Identification System" of the Avon Municipal Code is hereby added to read as
set forth in Exhibit A: Enacting Chapter 10.50, "Automated Vehicle Identification Systems"
of Title 10 , "Vehicles and Traffic" of the Avon Municipal Code, attached hereto.
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
Ord 25-15 — Adding Chapter 10.50, of Title 10
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 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 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. Council further
determines that the Ordinance bears a rational relation to the proper legislative objective sought to
be obtained.
Section 6. 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 7. Codification of 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 25-15 — Adding Chapter 10.50, of Title 10
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on August 12, 2025 and setting such public hearing for
2.F
at the Council Chambers of the Avon Municipal Building, located at One
Hundreaela Way, Avon, Colorado.
RV -
ATTEST:
Miguel Jauregui
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SECOND AND FINAL READING by the Avon Town Council on
BY•
1 b�j
mra nderwood, Mayor
APPROVED AS TO FORM:
Nina Williams, Town Attorney
Ord 25-15 — Enacting Chapter 10.50, of Title 10
ATTEST:
Miguel Jauregui
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WOW�._
EXHIBIT A
ENACTING CHAPTER 10.50, "AUTOMATED VEHICLE IDENTIFICATION
SYSTEMS" OF TITLE 10, "VEHICLES AND TRAFFIC" OF THE AVON MUNICIPAL
CODE
Chapter 10.50 - Automated Vehicle Identification Systems.
10.50.010. — Definitions.
(a) As used within this Chapter the following words and terms shall have the following
meaning except where otherwise specified:
Automated vehicle identification system includes a system to detect traffic violations
imposed by traffic signals or traffic signs, and/or a system used to detect violations of a
bus lane or bicycle lane restrictions. The term includes a system whereby:
(1) A machine is used to automatically detect a violation of a traffic regulation
and simultaneously record a photograph of the vehicle and the license plate of the
vehicle; and
(2) A notice of violation or civil penalty assessment notice may be issued to the
registered owner of the motor vehicle.
Civil penalty assessment notice shall mean a notice mailed via first class mail or
personally served to a registered owner of a vehicle involved in any traffic violation that
has previously received a notice of violation.
Notice of violation shall mean a notice mailed via first class mail or personally served to
a registered owner of a vehicle involved in any traffic violation detected by
an automated vehicle identification system advising that the violation has been detected,
or a similar notice mailed to the operator of the vehicle identified by a registered owner
of said vehicle.
Residential neighborhood means any block on which a majority of the improvements
along both sides of the street are residential dwellings and the speed limit is thirty-five
(35) miles per hour or less.
10.50.020. - Notices of Violation in General
(a) If the Town detects any alleged violation of a County or municipal traffic regulation or
traffic violation under State law through the use of an automated vehicle identification
system, then the Town shall issue, or cause its vendor to issue, to the registered owner of
the motor vehicle involved in the alleged violation, by first class mail or personal service,
a notice of violation.
Ord 25-15 — Enacting Chapter 10.50, of Title 10
(b) The Town may only issue a notice of violation for violations that occur:
(1) Within a school zone as defined in C.R.S. § 42-4-615;
(2) Within a residential neighborhood;
(3) Within a maintenance, construction, or repair zone designated pursuant to
C.R.S.§42-4-614;
(4) Along a street that borders a Town park; or
(5) Along a street, or portions of a street, which the Town designated as an
automated vehicle identification system corridor as set forth in Section
10.50.040.
(c) The notice of violation shall be served:
(1) Within thirty (30) days after the alleged violation if the motor vehicle
involved in the alleged violation is registered in the State; or
(2) Within sixty (60) days after the alleged violation if the motor vehicle involved
in the alleged violation is registered out the State.
(d) The notice of violation shall contain:
(1) The name and address of the registered owner of the motor vehicle involved
in the alleged violation;
(2) The license plate number of the motor vehicle involved in the alleged
violation;
(3) The date, time, and location of the alleged violation;
(4) The amount of the civil penalty prescribed for the alleged violation;
(5) The deadline for payment of the prescribed civil penalty and for disrupting
the alleged violation; and
(6) Information on how the registered owner may either dispute the alleged
violation at a hearing or pay the prescribed penalty.
(e) To protest a notice of violation, the registered owner shall request, in writing, a hearing
to dispute the alleged violation. The deadline to request a hearing to dispute the notice of
violation shall be at least forty-five (45) days after the date of the notice of violation. At
the hearing, the Town may not require the registered owner to disclose the identity of the
driver of the vehicle who is detected through the use of the automated vehicle
Ord 25-15 — Enacting Chapter 10.50, of Title 10
identification system, but may require the registered owner to submit evidence that the
owner was not the driver at the time of the alleged violation.
10.50.030. - Speeding and Traffic Violations
(a) Speeding Violations
(1) For a speeding violation of less than ten (10) miles per hour over the reasonable
and prudent speed under a County or Town traffic regulation or under State law
through the use of an automated vehicle identification system, the violation may
be cited as follows:
a.For the registered owner's first offense, a written warning with no
penalty or surcharge; and
b.For the registered owner's second or subsequent offense, a notice of
violation.
(2) For a speeding violation of more than ten (10) miles per hour over the reasonable
and prudent speed under a County or Town traffic regulation or under State law
through the use of an automated vehicle identification system, the Town shall
issue the registered owner a notice of violation.
(b) Civil Penalty. The maximum civil penalty for a speeding violation or traffic control signal
violation under this Section, including any surcharge is forty dollars ($40) unless the
violation is in a school zone, in which case the maximum penalty shall be eighty dollars
($80) or within the maintenance, construction, or repair zone designated pursuant to
C.R.S. § 424-614, in which case the maximum penalty shall be eighty dollars ($80).
Notwithstanding the foregoing, the penalty for speeding shall not exceed any penalty
provided by the applicable provision of the Colorado Revised Statutes.
(c) Signage. The Town shall place an appropriate temporary or permanent sign in a
conspicuous place not fewer than three hundred (300) feet before the area in which
the automated vehicle identification system is to be used to notify the public that
an automated vehicle identification system is in use immediately ahead.
10.50.040. - Automated Vehicle Identification System Corridors.
(a) Pursuant to C.R.S. § 424-110.5(2)(g)(I), the Town identifies the following corridors
as automated vehicle identification system corridors:
(1) North and Southbound Avon Road, between roundabout 4 and roundabout 5.
(2) East and Westbound U.S. Highway 6, between Stonebridge Drive and Avon
Road.
(3) East and Westbound West Beaver Creek Blvd, between Lake Street and Millies
Ord 25-15 — Enacting Chapter 10.50, of Title 10
Lane.
(4) East and Westbound Nottingham Road, between Avon Road and Metcalf Road.
(b) Prior to using an automated vehicle identification system on an automated vehicle
identification system corridor, the Town shall post a permanent sign not fewer than three
hundred (300) feet before the beginning of such corridor and a permanent sign not fewer
than three hundred (300) feet before each camera within the corridor or a temporary sign
fewer than three hundred (300) feet before any mobile camera.
(c) The Town shall illustrate, through data collected within the past five (5) years, incidents
of crashes, speeding, reckless driving, or community complaints on the streets designated
as an automated vehicle identification system corridor.
(d) The Town will coordinate with the Department of Transportation and Colorado State
Patrol in designated corridors.
(e) The Town may publish a report on its website disclosing the number of citations and
revenue generated by the automated vehicle identification system corridor.
(f) The Town shall not locate an automated vehicle identification system corridor on any
highway that is part of the federal interstate highway system.
10.50.050. - Civil Penalty Assessment Notice.
(a) If the Town has not received the prescribed civil penalty or written notice requesting a
hearing to dispute the alleged violation by the deadline provided in the notice of hearing,
then the Town shall issue, or cause its vendor to issue, a civil penalty assessment notice
to be served on the registered owner either by first class mail or personal service.
(b) The civil penalty assessment notice shall contain:
(1) The name and address of the registered owner of the motor vehicle involved in
the alleged violation;
(2) The license plate of the motor vehicle involved in the alleged violation;
(3) The date, time, and location of the alleged violation;
(4) The amount of the civil penalty prescribed for the alleged violation;
(5) The deadline for payment of the prescribed civil penalty; and
(6) Information on how to pay the prescribed civil penalty.
(c) If the registered owner fails to pay the full prescribed civil penalty by the deadline stated
in the civil penalty assessment notice, a final order of liability shall be entered against
the registered owner of the vehicle. The final order shall be personally served to the
Ord 25-15 — Enacting Chapter 10.50, of Title 10
registered owner. Final orders of liability may be appealed as to matters of law and fact
to the Eagle County Court.
(d) The Town may initiate or pursue a collection action against the registered owner of a
motor vehicle for debt resulting from the final order of liability.
(e) The Town shall not report to the Department of Transportation any conviction or entry
of judgment against a defendant fora violation of a municipal traffic regulation or traffic
violation under State law, if the violation was detected through the use of
an automated vehicle identification system.
(f) If the registered owner fails to pay the full prescribed civil penalty, the Town shall not
attempt to enforce the penalty by immobilizing the registered vehicle owner's vehicle.
10.50.060. - Vendors.
(a) No portion of any fine collected through the use of an automated vehicle identification
system may be paid to the manufacturer or vendor of the automatic vehicle identification
system equipment. The compensation to such vendor by the Town shall be based on the
value of such equipment and the value of any services provided and may not be based on
the number of traffic citations issued or the revenue generated by such equipment or
services.
10.50.070. - Data Retention.
(a) The Town shall:
(1) Program the automated vehicle identification system to retain data only when a
violation of a County or municipal traffic regulation or traffic violation under
State law occurs;
(2) Treat all photographs and video collected by the automated vehicle identification
system as confidential and exempt from disclosure and inspection pursuant to the
"Colorado Open Records Act" Part 2 of Article 72, Title 24, C.R.S.
(3) Not use, disclose, sell, or permit access to photographs, video, or personal
identifiable data collected by the automated vehicle identification system except
to the extent necessary to operate the program, including for purposes of
processing violations, for other law enforcement purposes, for transferring data
to a new vendor or operating system, or, pursuant to a court order, for use in
unrelated legal proceedings; and
(4) Destroy any photographs and video of a violation collected by
the automated vehicle identification system within three (3) years after the final
disposition of the violation, unless the photographs or video are maintained in a
separate system for other purposes allowed by law.
Ord 25-15 — Enacting Chapter 10.50, of Title 10