TC Ord. No. 1982-04'may
ORDINANCE NO. #82-4
Series of 1982
IDENTIAL BUILDINGS,-,
ADOPTED NOVEMBER, 977 AND PUBLISHED MARCH, 1978 BY THE
STATE OF COLORADO OFFICE OF ENERGY CONSERVATION, AND TEF,
COLORADO' RECOMMENDED ENERGY CONSERVATION "PERFORMANCE" CODE
AN- ORDINANCE OF THE TOWN OF .AVON,- COLORADO ADOPTING BY
REFERENCE A, CODIFICATION, OF THE EXISTING ORDINANCES OF THE
TOWN OF A GENERAL AND PERMANENT NATURE, ENTITLED, "THE
MUNICIPAL CODE. OF THE TOWN OF AVON,"-WHICH CODE ADOPTS BY
REFERENCE THEREIN AS A SECONDARY CODE, THE MODEL TRAFFIC
CODE FOR COLORADO MUNICIPALITIES, 1977 EDITION, _PROMULGATED
BY THE COLORADO STATE DEPARTMENT OF HIGHWAYS; READOPTING BY
REFERENCE THE 'ICBO PLUMBING CODE, 1979 EDITION,, PUBLISHED BY
THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE
UNIFORM .MECHANICAL CODE, 1979 EDITION, PUBLISHED BY THE
INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE NATIONAL
ELECTRICAL CODE, 1981 EDITION, PUBLISHED BY THE NATIONAL
FIRE PROTECTION. ASSOCIATION; THE. UNIFORM FIRE CODE, 1979
EDITION, PUBLISHED BY THE, INTERNATIONAL CONFERENCE OF
BUILDING OFFICIALS; THE NATIONAL FIRE CODE, 1979 EDITION,
INCLUDING' THE NATIONAL LIFE SAFETY CODE, NFPA PUBLICATION
No. 101, PUBLISHED BY THE NATIONAL FIRE PROTECTION
ASSOCIATION; THE UNIFORM BUILDING -CODE, 1979 EDITION,
PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING
OFFICIALS; THE COLORADO MODEL ENERGY EFFICIENCY CONSTRUCTION
AND RENOVATION STANDARDS FOR NON-RES
' i i `JJ rUaL10nxL Vul-Ml:Ii, I!$ /U AND AMENDED
IN 1,979L BY THE STATE OF COLORADO, DIVISION OF'HOUSING STATE
HOUSING- BOARD; PROVIDING PENALTIES FOR VIOLATIONS OF THE
PROVISIONS OF THIS CODE AND THIS ORDINANCE.; SETTING FORTH
AMENDMENTS TO THE- PUBLISHED CODE; PROVIDING FOR THE REPEAL
OF CERTAIN ORDINANCES; PROVIDING FOR THE MAINTENANCE OF
OFFICIAL COPIES OF SUCH CODES; PROVIDING FOR THE REVISIONS
TO THE CODE OF THE TOWN OF AVON; PROVIDING FOR THE SALE OF
COPIES OF SUCH' CODES; AND PROVIDING FOR THE EFFECTIVE DATE
OF THIS ORDINANCE AND THE CODES ADOPTED HEREIN BY REFERENCE.
WHEREAS, the Town Council of the Town of Avon has
determined that it is necessary and expedient that
ordinances of the Town of a general and permanent nature be
codified, and pursuant to such determination, has caused a
codification of such ordinances, to be prepared, which
codification is designated as-the Municipal Code of the Town
of Avon; and
WHEREAS, the Charter of the Town of Avon provides
for adoption of such a codification by reference; therefore
BE IT ORDAINED BY, THE BOARD OF TRUSTEES OF THE
TOWN OF AVON, COLORADO:
Section 1. Code Adopted. The Municipal Code of the Town of
Avon as promulgated by the Town of Avon, Colorado, is hereby
adopted and enacted by reference. The purpose of this code
is to codify the ordinances 'of the Town which are of a
general and permanent nature.
Section 2. Secondary Code. The following secondary code as
adopted by reference in the Municipal Code of the Town of
Avon is hereby adopted and enacted by reference:.
a. Articles I to XXVI of the- Model Traffic Code.for
Colorado Municipalities,_197 Edition, promu gated
and adopted, by the- Colorado State Department of
Highways, 4201 EastjArkansas, Denver, Colorado,
secondary codes as amended therein, are hereby readopted by
reference thereto and made apart of the Code as Title 15
thereof.. Said Ordinances adopt by reference the following
Section 3. Intervening .'Ordinances Adopting Codes.
Ordinances Nos. 13 through 19, Series of 1981, and the
secondary Codes:
a. The ICBO,Plumbing,Code, 1979 Edition, published by
the International Conference of Building
Officials, 5360 South-Wokkman Mill Road, Whittier,'
California.
b. The Uniform Building Code,. 1979 Edition, published
by the International Conference of Building
Officials, 5360 South Workman Mill Road, Whittier,
California.
C. The Uni_form,Mechanical Code, 1979 Edition,
published by the I Internationa Conference of.
Building Officials,; 5360_South Workman Mill Road,,
Whittier, California-.
d. The Uniform Fire Code, 1979 Edition
published
by a International Conference of Building
Officials and the Western Fire Chiefs'
Association,.5360 South Workman Mill.Road,
Whittier,.California and the National Fire Code,
1979 Edition,_ including the Natrona Life Safety
Co a as contained in the Natrona Fire"Code,- 76
Edi it on, published by the National Fire- Proteco
Association, 470 Atlantic Avenue, Boston,
Massachusetts.
e. The National Electrical
Association,- 470 Atlantic
Massachusetts.
1981 Edition,
Fire Protection
Avenue, Boston,-
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f. The Colorado Model Energy-Efficiency Construction-
and Renovation Standards or" - Non-restential
Buildings, adopted November 197-7, and published
March, 1978, by the State of Colorado, Office of
Energy-Conservation, 1600 Downing, Second Floor,
Denver, Colorado 80218, and The . Colorado
Recommended Energ Conservation "Performance" Code
or New Construction anREnovation o Residential
Buildings, adopted November,, 1977, and, published
March, 1978, and amended in 1979 by the State of
Colorado, Division of Housing State Housing Board,
1313 Sherman Street,'Denver,. Colorado 80203.
Section 4.- Repeal of Prior-ordinances. All ordinances of
the Town of Avon, of a general and permanent nature which
were finally adopted on or before December 31,- 1980, whether
or not in .legal effect at-that date are hereby repealed,
except as hereinafter provided, and except as the Municipal
Code of the Town of Avon expressly saves any ordinance or
part thereof from repeal.
Section 5. Ordinances Passed Prior to Adoption of the Code.
The last ordinance included in the original code is
Ordinance 80-25 passed October- 211, 1980. All ordinances
passed subsequent to Ordinance 80-25, but prior to adoption
of this code, are hereby adopted and made a part of this
Code, excepting only ordinance Nos. 81-11, 81-20, 81-23,
81-25, 81-27, 81-29, 81-31, 81-32, 81-33, 81-34, 81-35,
81-37 and 81-38.
Section 6. Matters Not Affected by Repeal. The repeal of
ordinances of a permanent or general nature by Section 4 of
this ordinance shall not affect any offense committed or act
done, any penalty or forfeiture incurred or any contract,
right or obligation established prior to the time when said
ordinances and parts of ordinances are repealed.
Section 7. Ordinances Saved from Repeal. The repeal of
ordinances of a general and permanent nature by Section 4 of
this ordinance shall not repeal any ordinance or part .
thereof saved from repeal specifically by the Municipal Code
of 'the Town of Avon; nor shall such repeal affect any
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ordinance:
a. Promising, guaranteeing or authorizing the
payment of money by or for the Town.
b. Authorizing or relating to specific issuances
of bonds or other evidences of indebtedness.'
C. Granting a franchise.
d. Establishing the compensation of Town officers
or employees.
e. Levying taxes, making appropriations or adopting
a budget.
f. Creating specific local improvement districts..
g. Making special assessments for local
improvements.
h. Vacating, accepting,-establishing,.:l.ocating,
relocating or opening any.street"or publ-ic-'way.
i. Affecting the corporate limits of'the Town_ or
adopting a town plat.
j. Which is of a special or temporary nature.
k.. Establishing the Avon Center Mall or amending
the agreement in regard thereto.
,1. Creation of any Trust Fund.
Section 8. Severability,of Ordinance Provisions. Each
section of'this ordinance is an independent section, and the
holding of any section; or part thereof to be
unconstitutional, void or ineffective for any cause shall
-not be deemed to affect the validity or constitutionality of
any other section or part thereof.
Section 9. Severability of -Code Provisions. If any
sections, section, subsection or provision of this code of
ordinances or the application thereof to any person or
.circumstance's is- declared unconstitutional or otherwise
invalid by any competent court, such invalidity" shall not
affect the other. sections, subsections, provisions or
application of this code if they can be given effect without
the invalid sections, section, subsection,- provision or
application.
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Section 10. Codes Kept on File.
a. At least three copies of the Municipal Code of
of Avon, and of each secondary code adopted
t eTi re , shall be kept on file in the office
of the town clerk available for public inspection.
One-copy of-each such code may be kept in the
office of the chief enforcement officer thereof.
b. The town clerk shall-prepare and publish revised
sheets of every loose leaf page in need of
revision by reason of amendment, addition or
repeal. The town clerk shall distribute said
revised loose leaf sheets for such fee as the Town
Council may direct.
C.- In addition to those copies of this Code specified
in subsection (a) of this section-a copy of this
Code shall be kept on file in the office of the
town clerk in which it shall be the express duty
of the town clerk to insert in-their designated
places all amendments or ordinances which are
intended to become a part of this Municipal.Code
of the Town of Avon, when the same have been
printed or reprinted in page form and to extract
from such Code all provisions-'which may from time
to time be repealed. This copy of the Munici al-
Code of the Town of Avon shall be avails a to all
person desiring ,to examine it.and shall be
considered the official Municipal Code of;the'Town
of Avon.
Section 11." Sale of Code Copies. The town clerk shall
maintain a reasonable supply of copies of this Code and of
all secondary codes incorporated in it by reference to be
available for purchase by the public at a moderate price.
Section 12. Penalty Clauses.
A. The following sections of th
the Town of Avon, as hereby
penalty clauses are herewith
hereby enacted:
e Municipal Code of
amended, which contain
set forth in full and
"Chapter 1.08
GENERAL PENALTY
Sections:
1.08.010 Designated.
1.08.020 Public work.
1.08.030 Minors
1.08.010- Designated. Any person violating any
provisions or --ai i.ng to comply 'with any of the mandatory
requirements of the ordinances of the Town :shall `be guilty
of a misdemeanor. Unless otherwise specifically provided,
any person convicted of a violation of any such ordinance
shall be punished by a fine not exceeding five hundred
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dollars, or by imprisonment not exceeding ninety days, or by
both such -fine and imprisonment. Each such person shall be
guilty of a separate offense for each and every day.- during
any portion of which any violation of any provision of the
ordinances of the Town is committed,.continued or permitted
by any such person,- and he may be punished accordingly.
1.08.020 Public work. In lieu of the penalties
provided in Section 1.08.010, the municipal judge may
require any person convicted of any offense to engage in
public work for the Town or for any charity, the terms and
conditions thereof to be set forth by the municipal judge.
1.08_.030 Minors. Any provision hereof to the
contrary notwithstanding, any person who is convicted of a
violation hereof and who has not attained the age of
eighteen years at the time of such conviction shall not be
imprisoned or, subjected to public work as punishment
therefor, provided, a child under the age of eighteen yearn
may be confined as provided in C.R.S. 13-10-113 (1973), as
amended."
Section 13. Violation. Conviction of a violation of any
provision of this ordinance may be punished by fine of not
more than $500.00 or imprisonment not to exceed 90 days, or
by both such fine and imprisonment..
INTRODUCED, PAS D ON FIRST READING. APPROVED AND ORDERED
POSTED,; -THIS day . of , 19r-
and apublic he ring ' on ' this Ordinance s e e at. the
regular meeting of the Town Counc' of a Town of Avon,
Colorado, on the Z 4day of 19TA at
7:30,-P.M. in the Municipal Building of t Town of Avon,
Colorado.
Ange lpi, M yo
vatricia J.
Town Clerk
INTRODUCED, PAS ED ON SECOND, READING, APPROVED AND
ORDERED POSTED this daA of 19$a.
A
Patricia J. oyle
Town Clerk
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
E
NOTICE IS HEREBY GIVEN OF A-PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 23RD DAY OF FEBRUARY
1982 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO
FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE N0.082-4
SERIES OF 1982:
AN ORDINANCE OF THE TOWN OF AVON, COLORADO ADOPTING BY REFERENCE A
CODIFICATION OF THE EXISTING ORDINANCES OF THE TOWN OF A GENERAL AND
PERMANENT.NATURE, ENTITLED, "THE MUNICIPAL CODE OF THE TOWN OF AVON",
WHICH,CODE ADOPTS BY REFERENCE THEREIN AS A SECONDARY CODE, THE MODEL
TRAFFIC CODE FOR COLORADO MUNICIPALITIES, 1977 EDITION, PROMULGATED BY
THE COLORADO STATE DEPARTMENT OF HIGHWAYS; READOPTING BY REFERENCE THE
ICBO PLUMBING CODE, 1979 EDITION, PUBLISHED BY THE INTERNATIONAL CON-'
FERENCE OF BUILDING OFFICIALS; THE UNIFORM MECHANICAL CODE, 1979 EDITION,
PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE
NATIONAL ELECTRICAL CODE, 1981 EDITION, PUBLISHED BY THE NATIONAL FIRE
PROTECTION ASSOCIATION; THE UNIFORM FIRE CODE, 1979 EDITION, PUBLISHED
BY;THE INTERNATIONAL CONFERENCE OF BUILDING_.OFFICIALS; THE NATIONAL FIRE
CODE, 1979 EDITION, INCLUDING THE NATIONAL LIFE SAFETY CODE, NFPA
PUBLICATION NO. 101, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION:
THE UNIFORM BUILDING CODE, 1979 EDITION, PROMULGATED; BY THE INTERNATIONAL
CONFERENCE OF BUILDING OFFICIALS; THE COLORADO MODEL ENERGY EFFICIENCY
CONSTRUCTION AND RENOVATION STANDARDS FOR NON-RESIDENTIAL BUILDINGS,-
ADOPTED NOVEMBER, 1977 AND PUBLISHED MARCH,7;978 BY THE-STATE OF-COLORADO
OFFICE OF ENERGY CONSERVATION,-AND THE COLORADO RECOMMENDED ENERGY
CONSERVATION "PERFORMANCE" CODE FOR- NEW- -CONSTRUGTTOM— ANn--PPMO UA'PT(_1TT OP
AND AMENDED'in 1979 BY THE`rSTATE*~:OF COLORADO,.DIVISION OF HOUSING STATE
HOUSING'BOARD; PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS
CODE AND THIS ORDINANCE; SETTING FORTH AMENDMENTS TO THE PUBLISHED CODE;
PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES; PROVIDING FOR THE
MAINTENANCE OF OFFICIAL COPIES OF SIICH,CODES; PROVIDING FOR THE"REVISIONS
TO THE CODE OF THE TOWN OF AVON; PROVIDING FOR THE SALE OF COPIES OF SUCH
CODES; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE AND THE CODES
ADOPTED HEREIN BY REFERENCE.
A copy of said Ordinance is attgched'hereto and is also on file at the
office of the Town Clerk and may by inspected during regular business
hours.
Following this hearing, the Council may consider final passage of the
Ordinance.
This notice given and passed by order of the Town Council of the Town
of Avon, Colorado.
Dated this 10th day of February, 1982.
TOWN JQT AVON,
B
atricia J. Doyle, To)Wn Cle
POSTED AT THE -FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY
11, 1982:
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST OFFICE,
THE MAIN ENTRANCE OF CITY MARKET,
THE PESTER'GAS STATION; AND THE MUNICIPAL BUILDING IN THE MAIN LOBBY