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TC Ord. No. 26-08 Amending Chapter 10.28 (Vehicle Registration) and Repealing Chapter 10.32 (Driver Licenses) of Title 10 of the Avon Municipal CodeA Avon COLORADO ORDINANCE 26-08 AMENDING CHAPTER 10.28, "VEHICLE REGISTRATION" AND REPEALING CHAPTER 10.32, "DRIVER LICENSES" OF THE AVON MUNICIPAL CODE WHEREAS, the Town of Avon, Colorado ("Town") has been duly organized and validly exists as a Home Rule municipality under Article XX, Section 6 of the Colorado Constitution and the Town Charter; and WHEREAS, the Colorado Legislature passed House Bill 25-1112 during the 2025 legislative session to allow municipalities to issue tickets for expired plates and unregistered vehicles into municipal courts for a more streamlined enforcement of these offenses; and WHEREAS, the Town currently regulates the driver's licenses under Chapter 10.32 of the Avon Municipal Code; however, under C.R.S. § 42-4-110, municipalities do not have the authority to regulate the licensing of drivers; and WHEREAS, under C.R.S. § 42-4-111, the Town may reasonably exercise its police power with respect to streets and highways within its jurisdiction; and WHEREAS, the Avon Town Council finds and determines that bringing the Town Code in line with State law 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 and C.R.S. § 42-4-111; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to amend Chapter 10.28 — "Vehicle Registration" ordinance — and to repeal Chapter 10.32 — "Drivers Licenses" — 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. Amending Chapter 10.28 and Repealing Chapter 10.32 of the Avon Municipal Code. Chapter 10.28, "Vehicle Registration" and Chapter 10.32 "Driver Licenses" of the Avon Municipal Code is hereby amended and repealed respectively to read as set forth in Exhibit A: Amending Chapter 10.28, "Vehicle Registration" and Repealing Chapter 10.32 "Driver Licenses" of Title 10, "Vehicles and Traffic" of the Avon Municipal Code, attached hereto. Ord 26-08—Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 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. 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 Existiniz 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 26-08 — Amending Chapter 10.28 and Repealing Chapter 10.32, 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 April 28, 2026 and setting such public hearing for May 12, 2026 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: amra N. Underwood, Mayor ATTEST: Miguel Jauregui,44anueva, Town °Faso -S A , ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on 2026. BY: 0___ V f ra N. Underwood, Mayor APPROVED O FORM: Nina Willia s own ttorney ATTEST: Miguel Jauregui Ord 26-08—Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 jTownr . S C _ EXHIBIT A AMENDING CHAPTER 10.28, "VEHICLE REGISTRATION" AND REPEALING CHAPTER 10.32, "DRIVER LICENSES" OF TITLE 10, "VEHICLES AND TRAFFIC" OF THE AVON MUNICIPAL CODE Chapter 10.28 — Vehicle Registration. 10.28.010 — Registration required. (a) It shall be unlawful for any person to drive, stop or nark any motor vehicle, trailer. semitrailer or vehicle or for the owner or person in charge of any motor vehicle. trailer, semitrailer or vehicle to cause or knowingly permit such vehicle on any street or highway within the town or any property owned by the town unless the vehicle's license plate or plates are for the current registration year are properly attached to and displayed on the vehicle in accordance with Colorado law is --an for- effense any per designed -son whe owns a meter- to be drawn > > semitrailer- or- vehiele whie highway, tr-a p6mar-ily operated or- upon it is any or- whe ewns a highway f9rty five eeaeh er- days fnebile fnaehifiefy the whether- of not to epef:a4ed fail to en a within (45) after pur-ehase of stieh vehiele apply and obtain r-egistr-ati ,. (b)This Section . f Section does 42- -103, C.R.Q. not apply to a bicycle, electrical assisted bicycle, electric scooter, r other human -powered vehicle, any vehicle specifically exempted by Section 42-3-104 f the Colorado Revised Statutes, or to any vehicle whose owner is permitted to operate it under provisions of this article concerning lienholders, manufacturers, dealers. nonresidents, and fleet is has owners. bee.1-4. duly for- the , epefa4of or- eeeupafA in of vehiele whieh e registered has been etiffent year- another sta4e or- eotinti=y to beeome this of whieh sueh State to owner-, fail to iw.,nediately epera4or or eeettpant for- a resident, a fesidefA ef fer- fe and State. apply and obtain r-egistr-mien sueh vehiele Lcl Upon proof that the owner of the motor vehicle, trailer, semitrailer, or vehicle was unregistered for no more than four months at the time of violation and that the motor vehicle. trailer, semitrailer, or vehicle registration has been renewed prior to the owner's first court date, the court may dismiss the citation if the owner nays a thirty-five dollar (S35.00) administrative dismissal fee to the municipal court. 10.28.020 — Registration card in vehicle. It is an offense for any person driving a motor vehicle to fail to have in his or her possession or carry in the vehicle a current registration card issued for the vehicle, available for inspection by any peace officer. Ord 26-08 —Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 10.28.030 — No number plates attached. } It is an offense for any person to fail to display the plates assigned to any motor vehicle, trailer, semitrailer, or vehicle operated on any street or highway within the town.: .,t« l of a self propelled fnet,,....ehiele t fail t attaeh to sueh fnetef vehiele number- plates dwing the eidfr-ef4 Fegistfation year-, one (1) in the front and the other in the -rear. The numvcfplate assigned to a motor-eyele t fa lo.. efnit,.,,:lerany other- vehiele drawn by a motef vehiele or- any item of mobile fnaehinefy of self - 01 .110 ............... ......... MR W­ M; Ord 26-08 —Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 10.28.040 — Expired number plates/temporary permit. (a) It is an offense for any person to display license plates other than those of the registration period to which they pertain on any motor vehicle, trailer, semitrailer, or vehicle operated n any street or highway within the town,whe owns,r^*es ^ nlr-o of ^n), fletef vehiele to fail to display lieense plates or- a te istr-ation pe it other- than these of t b) Upon proof that the owner of the motor vehicle, trailer, semitrailer, or vehicle was expired for no more than four months at the time of violation and that the motor vehicle. railer, semitrailer, or vehicle registration has been renewed prior to the owner's first court date, the court may dismiss the citation if the owner nays a thirty-five dollar ($35.001 administrative dismissal fee to the municipal court. Chapter 10.32 — Driver Licenses Repealej N WIN o ON ------ ...... Ord 26-08 —Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 1 �E►'.iS2SSi6� NOW I .............. f Milli I'. ➢Al�lg •■.���•.�:♦v�.♦:♦i�ffi�.ff�if. �'���fi�if n,_:i�i♦�♦�:�:♦. f�:f��'���•♦s�ini �f Ord 26-08—Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10 !!iflR!�Rl�!'i!�Tl�E01:FTi. �WHIN Ord 26-08 — Amending Chapter 10.28 and Repealing Chapter 10.32, of Title 10