TC Ord. No. 26-04 Enacting Chapter 5.14 Private Parking Lots, Adopted as Necessary to the Immediate Preservation of Public SafetyAvon
COLORADO
ORDINANCE 26-04
ENACTING AVON MUNICIPAL CODE
CHAPTER 5.14 - PRIVATE PARKING LOTS
ADOPTED AS NECESSARY TO THE IMMEDIATE
PRESERVATION OF PUBLIC HEALTH AND SAFETY
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, Colorado ("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 such authority, the Town has previously adopted Title 5 of the Avon
Municipal Code ("Code"), which governs "Business Taxes, Licenses and Regulations" within the
Town; and
WHEREAS, based upon business, community, resident property owner, customer and visitor
input and impact, as well as thorough analysis and recommendation by Avon staff and appointed
officials, Council recommends that private parking lots are added to Title 5 of the Code, to be
incorporated as a business that warrants inclusion for specified regulation and licensing; and
WHEREAS, Council finds that enacting a new Chapter 5.14 regulating and providing a licensing
framework for private parking lots will promote the health, safety and general welfare of the Avon
community; and
WHEREAS, Council finds that numerous comments from regional residents, visitors and business
owners indicate significant confusion, frustration and antipathy for private parking lot
management practices and parking violation fines and fees that have been imposed on patrons of
Avon businesses, and that such sentiment decreases patronage of Avon businesses and harms
Avon's economy and reputation, and creates conditions for which the adoption of these regulations
is necessary the immediate preservation of public health and safety of the Avon community; 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 Avon Home Rule 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 the
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:
Ord 26-04 — Enacting Chapter 5.14 — Private Parking Lots
June 9, 2026
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Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of Council.
Section 2. Enacting Chapter 5.14 of the Avon Municipal Code. A new Chapter 5.14,
"Private Parking Lots," of the Avon Municipal Code is hereby enacted and added to read as set
forth in Exhibit A: Enacting Chapter 5.14, "Private Parking Lots," of Title 5, "Business
Taxers, Licenses and Regulations" 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
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 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 May 9, 2026.
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. 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 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 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Code.
Ord 26-04 — Enacting Chapter 5.14 — Private Parking Lots
June 9, 2026
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INTRODUCED AND ADOPTED ON FIRST READING AND FINAL READING AFTER
CONDUCTING A PUBLIC HEARING BY THE CONCURRING VOTE OF FIVE
COUNCIL MEMBERS by the Avon Town Council on June 9, 2025.
BY• ATTEST:
amra N. Underwood, Mayor Miguel Jaureg asanueva, Town Clerk
APPROVED AS TO FORM:
Nina P. Willia s, Town Attorney
Ord 26-04 — Enacting Chapter 5.14 — Private Parking Lots
June 9, 2026
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EXHIBIT A
Enacting Chapter 5.14, "Private Parking Lots,"
of Title 5, "Business Taxes, Licenses and Regulations"
of the Avon Municipal Code
Chapter 5.14 — Private Parking Lots
5.14.010 — Purpose
The purpose of Chapter 5.14 Private Parking Lots is to establish regulations which allow for the
operation of private parking lots open to the general public which charge a fee for use while
requiring a business license specific to this commercial activity and setting minimum standards
that benefit and protect the general public.
5.14.020 — Applicability
The requirements of this Chapter 5.14 Private Parking Lots shall apply to any parking lot within
the Town that:
(a) is not on property or right-of-way owned or controlled by the Town or another
governmental entity;
(b) allows parking by the general public; and,
(c) charges a fee, fine or penalty in any amount for the privilege of parking in such Parking
Lot.
5.14.030 — Definitions
As used in this Chapter, the following word(s) and term(s) shall be defined as follows:
Parking Lot means any private place, lot, parcel, yard, structure, building or enclosure used in
whole or in part for the storing of parking three (3) or more motor vehicles where a storage or
parking fee is charged by a private business, corporation, entity or person.
5.14.040 — Exemptions from chapter provisions.
The following shall be exempt from the requirements of this Chapter:
(a) All repair or service garages and other places where motor vehicles are stored while
awaiting only repair or servicing and when no fee for storage or parking is charged.
(b) Special event parking lots for which a temporary use permit has been obtained in
accordance with the provisions of Section 7.24.080.
Ord 26-04 — Enacting Chapter 5.14 — Private Parking Lots
June 9, 2026
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(c) Any paid parking lots or areas owned or managed by the Town or any other local
government.
5.14.050 — License - required.
No person shall conduct, operate or maintain a Parking Lot without first obtaining a license
therefore from the Finance Division of the General Government Department.
5.14.060 — License — application and requirements.
(a) Application for a license to operate a private Parking Lot for a charge shall be made to
the Finance Division of the General Government Department.
(b) No license shall be issued under this Chapter until satisfactory proof has been made to
that the Parking Lot is laid out and constructed and will be maintained in accordance
with this Code, this Chapter and the ordinances and regulations of the Town, as well as
all requirements set forth in the applicable license and application.
(c) Application for Parking Lot licenses shall set forth the following: the name and address
of the applicant, and if a partnership, the names and addresses of all partners, and, if a
corporation, the name, date and state under which incorporated, and the names and
addresses of the officers, and, if a limited liability corporation, the name, date and state
where formed and the names and addresses of the members, officers and managers.
(d) It is the duty of each licensee to ensure that all of the information provided in a license
application is kept up to date at all times, and it shall be unlawful for a licensee to fail
to provide updated information to the Town within fifteen (15) days after the date upon
which any information provided is no longer accurate.
(e) Each license issued under this Chapter shall be issued on an annual basis.
(f) No license issued under this Chapter shall be transferable and no license is valid as to
any person or entity other than the person or entity named thereon.
(g) There shall be a representative or agent who is on call full-time to manage the Parking
Lot during any period which the licensed premises is utilized as a paid Parking Lot. The
representative or agent shall be required to respond to a complaint or dispute within
twenty-four (24) hours by phone, online, or in -person. Said representative or agent
must be a live human being, and not a computer or Al chat bot.
(h) Compliance with this Chapter, the Code and other applicable ordinances and
regulations of the Town is required in order to issue a license to operate a Parking Lot.
Ord 26-04 — Enacting Chapter 5.14 — Private Parking Lots
June 9, 2026
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5.14.070 — License — application and renewal — fees.
Application and license fees under this Chapter, as well as annual renewal license fees, shall be
as provided by Council within the Town's Fee Schedule, adopted by Resolution and as may be
amended from time to time.
5.14.080 — Signage.
(a) Each licensee under this Chapter shall install and maintain required Parking Lot signs
with at least the minimum information set forth in this Section in such format and with
such additional information may be prescribed by the Avon Community Development
Department.
(b) The required Parking Lot signage shall include the minimum following information:
(1) Parking Lot Sign Title. Signage must include a top line title reading "Parking Lot
Rules".
(2) Licensee Name and Contact Information.
(3) Contact information for appeal or dispute of charge, fee, penalty or fine.
(4) Hours. The hours of the day or night during which the Parking Lot is open for
business and/or charging customers and visitors.
(5) Rates. The rates charged for parking of motor vehicles.
(6) Maximum Rate, Fee, Penalty or Fine. The maximum dollar amount that can, may or
will be charged or assessed during a singular visit must be clearly posted and
identified by numerical value. This includes any total amount charged to a customer
or individual, whether such dollar amount is called a rate, charge, cost, fee, penalty,
fine, assessment, failure to register penalty, or the like.
(7) Separate rates for parking at different times of the day. Separate rates, if any, that
are charged for parking at different times of the day.
(8) Payment instructions. Detailed instructions as to methods of payment for Parking
Lots that are not attended.
(c) The Avon Community Development Department is authorized to adopt Private Parking
Lot Signage Policies in writing which set forth additional sign requirements, including
but not limited to: additional required information, multiple signs where appropriate,
letter size, color and contrast, English and Spanish language, locations and maximum
spacing for signs within a private parking lot and procedures for reviewing sign content
and private parking lot sign location plans.
Ord 26-04 — Enacting Chapter 5.14 — Private Parking Lots
June 9, 2026
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(d) Any amendments or updates to the required Parking Lot signs shall be presented to the
Avon Community Development Department for review and approval and shall be
posted before any change in the rules, rates or contact information takes effect.
5.14.90 — Violations by operator.
It shall be unlawful for any licensee under this Chapter to:
(1) Charge any greater sum for parking a motor vehicle or for any purpose or reason than is
provided for on the sign placed at the entrance of or within the Parking Lot;
(2) Park or allow any motor vehicle to be parked on or within six (6) inches of the property
line;
(3) Park, or allow to be parked, any motor vehicle on private property outside the approved
and designated parking area as shown on the site development plan approved by the
Town;
(4) Park, or allow to be parked, any motor vehicle on any public sidewalks, pedestrian
ways, streets, other public rights -of -way or other public property;
(5) Use any motor vehicle parked on the Parking Lot for any purpose whatsoever unless
authorized in writing by the owner or operator of such vehicle and in compliance with
the Code and other applicable ordinances, laws and regulations; or,
(6) Tow away or immobilize a vehicle in a manner that fails to comply with the Code and
other applicable ordinances, laws and regulations.
5.14.100 — License — application — decision — appeal.
Town shall approve or deny the license within thirty-five (35) days of receipt of a complete
application for a Parking Lot license. The approval or denial of a license shall be in writing.
The applicant for a Parking Lot license may appeal a decision to deny a license to the Town
Council. A request for appeal shall be provided in writing to the Town Clerk within ten (10)
days of the date of denial of the license application. The Town Council shall consider an appeal
of the Town decision to deny the license within forty-five (45) days of receipt of a proper and
timely written request to appeal a denial decision. The decision of the Town Council shall be
final.
5.14.110 — Suspension or revocation of license.
(a) Any license issued pursuant to this Chapter may be suspended or revoked by the Town
Council after conducting a public hearing, with at least ten (10) days' written notice of
such public hearing. The licensee may waive in writing the minimum ten (10) day
notice period. The notice of public hearing must be sent via United States Postal
Service to the licensee or their designated agent, sent to the business address of the
Ord 26-04 — Enacting Chapter 5.14 — Private Parking Lots
June 9, 2026
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operator or agent as shown on their license. The public hearing notice shall state the
contemplated action and the grounds therefor, which may include one or more of the
following reasons:
(1) Violation of this Chapter or of any provision of the Avon Municipal Code or of any
law or regulation that pertains to the requirements of the application, the licensed
property, or terms of the license;
(2) Violation of any of the terms of the license issued under this Chapter;
(3) Violation of any requirements of, or terms of agreement with, the Colorado
Attorney General's office or similar consumer protection organization with legal
and governmental jurisdiction and authority over the licensee;
(4) Violation of any provision of the Colorado Privacy Act (CRS 6-1-1301 et seq.) or
of the Colorado Privacy Act Rules (4 CCR 904-3);
(5) Failure to pay any applicable taxes pursuant to this Code, or the annual license fee
established by Town;
(6) False statement of material fact contained in the application or knowingly providing
false information to the Town in conjunction with an application for license;
(7) Failure to file any report or provide or furnish any other information that may be
required by the provisions relating to this Chapter; or
(8) The occurrence or disclosure of any fact or condition after the license is granted
which, if such fact or condition had been existed or had been known to exist at the
time of the application for such license, would have warranted the refusal of the
issuance of such license.
(b) The decision of the Town Council shall be final.
(c) If a license is suspended pursuant to this Section, such suspension shall be in effect for
a minimum of one (1) month and a maximum of one (1) year, and shall apply to
subsidiaries, affiliates, assigns, successors or entities controlled by the same individuals
as who controlled the revoked licensee.
(d) If a license is revoked pursuant to this Section, such revocation shall be in effect for one
(1) year from the date of revocation, and shall apply to subsidiaries, affiliates, assigns,
successors or entities controlled by the same individuals as who controlled the revoked
licensee.
Ord 26-04 — Enacting Chapter 5.14 — Private Parking Lots
June 9, 2026
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5.14.120 — Compliance required.
It shall be unlawful for any private property owner, lessee, person, or entity to operate a private
Parking Lot without first obtaining a license from the Town pursuant to the provisions of this
Chapter, or to operate private Parking Lot when such license is suspended or revoked, or operate
a Parking Lot without complying with this Chapter or any conditions of an approved Parking Lot
license and, upon conviction, shall be guilty of a misdemeanor and shall be punished in
accordance with the provisions of Section 1.08.010 of this Code.
5.14.130 — Lot maintenance.
Each Parking Lot subject to this Chapter shall be maintained in accordance with Section
7.28.020(k) of this Code.
Ord 26-04 — Enacting Chapter 5.14 — Private Parking Lots
June 9, 2026
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