TC Ord. No. 1979-23w
ORDINANCE NO. 23
SERIES OF 1979
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AN ORDINANCE REGULATING THE OPERATION OF MOTORIZED VEHICLES
WITHIN THE TOWN OF AVON; SETTING OUT DEFINITIONS OF TERMS
USED HEREIN; SPECIFYING PROHIBITED ACTS HEREUNDER AND
SETTING OUT THE PENALTIES FOR VIOLATION HEREOF; PROVIDING
FOR DEFENSES INVOLVING PRIOR PERMISSION OR THE PERFORMANCE
OF CERTAIN AUTHORIZED ACTS AND SETTING OUT ADDITIONAL DETAILS
IN RELATION THERETO.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
FOR THE TOWN OF AVON, COLORADO, THAT:
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Section 1. Definitions.
(A) "Restricted Use Area" shall mean all
land and property, however owned, for which
persons cited under the terms and provisions of
this ordinance have not received permission from
the owner or agent for the owner of said pro-
perty, to engage in the act or acts for which
said person was cited, and such permission, in
order to constitute a defense to said citation,
must have been given prior to the date on which
such property owner or agent complained of such
acts. Further, all property belonging to the
Town of Avon shall also be considered "Restricted
Use Area" and all land zoned OLD, PRM, SPG OR
GPEH according to the Official zone District Map
of The Town of Avon, regardless of ownership,
shall be considered "Restricted Use Area".
Roads, streets, alleys, highways, parking lots
and parking structures, regardless of ownership,
shall not be considered "Restricted Use Area".
(B) "Motorized Vehicle" shall mean any
device, which by means of any motor or engine,
whether assisted by human effort or not, operates
or is capable of being operated in such a manner
as to propel itself and/or its operator across
or upon land, water, ice or snow, and includes,
but is not limited to: all trucks, vans, auto-
mobiles, cars, dune buggies, motorcycles, motor-
scooters, mopeds, snowmobiles, boats, jet-skis,
airboats or hydrofoils.
Section 2. Prohibited Acts
No person shall park, drive, pilot or in
any manner operate any Motorized Vehicle, as
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defined in Section 1 of this Ordinance, upon or
across any Restricted Use Area within The Town
of Avon. Neither shall any person be a passenger
upon, on or in any motorized vehicle or upon, on
or in any conveyance parked, drawn, pulled, pushed
or otherwise propelled by any Motorized Vehicle
within The Town of Avon.
Section 3. Exemptions - Maintenance - Construc-
tion - Snow Removal - Mowing.
The provisions of this Ordinance shall not
apply to an operator or passenger of a Motorized
Vehicle when such vehicle is operated in connec-
tion with any activity involving maintenance,
construction, snow removal or mowing, provided
that such activity was authorized by the owner or
agent for the owner of such Restricted Use Area:
Section 4. Complaint by Property Owner or
Agent - Affidavit.
If the owner or agent for the owner of any
land or property classified hereunder as Restricted
Use Area wishes to complain of the acts of an-
other in violation of the terms and conditions
of this Ordinance, he shall so indicate by filling
out and swearing or affirming to an Affidavit
such as is set out below, when so requested by
any member of the Avon Police Department. Such
Affidavit shall be sworn to and signed in the
presence of the Avon Town Clerk.
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STATE OF COLORADO ) AFFIDAVIT PURSUANT
COUNTY OF EAGLE ) SS TO ORDINPNCE NO. 23,
TOWN OF AVON ) SERIES OF 1979.
I, , a property owner or
agent for a property owner within the Town of Avon, having
been sworn upon oath hereby depose and state:
1. That I am the owner of or an agent for the
owner of property located at within
the Town of Avon, Eagle County, Colorado.
2. That pursuant to the terms of The Town of
Avon Municipal Code, Ordinance No. 23, Series of 1979,
I agree to have this Affidavit considered and treated as
a formal Complaint, and I further agree to appear when
and where requested by the Town Attorney for The Town of
Avon, or his designee, for the purpose of giving testimony
concerning a person who has been identified to me as
3. That the person identified to me as
was observed by me operating, or as a pas-
senger in or upon, a Motorized Vehicle upon property located
at , Town of Avon, Eagle County,
Colorado.
4. That I have given no permission whatsoever
to the person identified to me as
to enter, remain or trespass upon the said property, nor
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has any other owner or agent of an owner of said property
given any such similar permission.
FURTHER affiant sayeth not.
Dated this day of
, 19
Signature of Affiant
Address, including P.O. Box
Phone number
Subscribed and sworn to before me this
day of
, 19 , by
Town Clerk,
Town of Avon
Section 5. Complaint by Citizen - Affidavit.
If any person wishes to complain of the
acts of another in violation of the terms and
conditions of this ordinance, he shall so in-
dicate by filling out and swearing to an,;
Affidavit such as is set out below, when so
requested by any member of the Avon Police
Department. Such Affidavit shall be sworn to
and signed in the presence of the Avon Town
Clerk.
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STATE OF COLORADO ) AFFIDAVIT PURSUANT
COUNTY OF EAGLE ) SS TO ORDINANCE NO. 231
TOWN OF AVON ) SERIES OF 1979
upon oath deposes and states:
having been sworn,
1. That pursuant to the terms of The Town of
Avon Municipal Code, Ordinance No. 23, Series of 1979,
I agree to have this Affidavit considered and treated as
a formal Complaint, and I further agree to appear when
and where requested by the Town Attorney for The Town of
Avon, or his designee, for the purpose of giving testimony
concerning a person who has been identified to me as
2. That the person identified to me as
was observed by me operating, or as a
passenger in or upon, a motorized Vehicle upon property
located at
Town of Avon, Eagle County, Colorado.
FURTHER Affiant sayeth not.
Dated this day of 19
Signature of Affiant
Address, including P.O. Box
Phone number
11
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Subscribed and sworn to before me this
day of
19
Town Clerk,
Town of Avon
Section 6. Defenses - Prior Permission.
It shall be a complete defense to any
charge of a violation of this Ordinance that
the person cited hereunder had obtained per-
mission to engage in the act for which he was
cited and that the permission was given by
the owner or agent for the owner of the land
upon which the act was alleged to have occurred.
Such permission must have been given prior to
the date on which such property owner or agent
complained of such acts.
Section 7. Notice - Posting Not Required -
Presumption.
It shall not be required in order to sus-
tain a conviction for a violation of this
Ordinance that the Restricted Use Area be
posted in any manner whatsoever, nor need
such area be identified in any manner. In
all prosecutions hereunder it shall be pre-
sumed that any person so cited had knowledge
that any land or property not belonging to
such person was, in fact, a Restricted Use
Area.
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Section 8. Penalties.
Any person violating any provision of
this ordinance shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished
by a fine not to exceed three hundred dollars.
Section 9. Severability.
If any part, section, subsection, sentence,
clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall
not affect the validity of the remaining por-
tions of this Ordinance; and the Town Council
hereby declares that it would have passed this
ordinance, and each part, section, subsection,
sentence, clause, or phrase thereof, regardless
of the fact that any one or more parts, sections,
sentences, clauses or phrases be declared in-
valid.
INTRODUCED, READ AND APPROVED AT THE FIRST READING, AND
ORDERED PUBLISHED ONCE IN FULL THIS ~3,14eDAY OF
1979, AND A PUBLIC HEARING ON THIS ORDINANCE SHALL BE
HELD AT THE REGULAR MEETING OF THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, ON THE 13 DAY OF~'/ ozwr~ ?.tl ,
1979, AT 7:30 P.M. IN THE COUNCIL CHAMBERS AT THE TOWN
OFFICES.
A ge o V. Alpi, Ma or
ATTEST:
Patricia J. Do e, Town Clerk
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INTRODUCED, READ AND APPROVED ON SECOND READING, AND
ORDERED PUBLISHED THIS /AY Or'1979.
ATTEST:
Patricia J. Do e, Town Clerk
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF A public hearing before the Town
Council of the Town of Avon, Colcrado, at 7:30 P.M. on the
13th day of November,-1979 at-the Town-Hall for the_-purpose
of considering the adoption of ORDINANCE NO. 23, Series of
1979:
AN ORDINANCE REGULATING THE OPERATION OF MOTORIZED VEHICLES
WITHIN THE TOWN OF AVON; SETTING OUT DEFINITIONS OF TERMS
USED HEREIN; SPECIFYING PROHIBITED ACTS HEREUNDER AND
SETTING OUT THE PENALTIES FOR VIOLATION HEREOF; PROVIDING
FOR DEFENSES INVOLVING PRIOR PERMISSION OR THE PERFORMANCE
OF CERTAIN AUTHORIZED ACTS AND SETTING OUT ADDITIONAL DETAILS
IN RELATION THERETO.
A copy of said ordinance is attached hereto and is also on
file at the office of the Town Clerk and may be inspected
during regular business hours.
Following this hearing, the Council may consider final
passage of this Ordinance.
This notice given and published by order of the Town Council
of the Town of Avon, Colorado.
Dated this 23rd day of October, 1979.
TOWN OF AVON, COLORADO
By:
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON November 6, 1979.
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, (AVON
POST OFFICE)
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL
THE PESTER GAS STATION; AND
THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER