TC Ord. No. 1996-06 Repealing Ord. No. 95-23TOWN OF AVON
ORDINANCE NO. 95 -6
AN ORDINANCE REPEALING ORDINANCE NO. 95 -23
AND REENACTING CHAPTER 10.04 OF TITLE 10 OF
THE AVON muNICIPAL CODE
NOW, 'THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVOW, STATE OF COLORADO, That:
Section I.. Ordinance 95 -23 is hereby repealed and
Chapter 10.04 of_Title 10 of the Avon Municipal Code of the Town
of Avon is hereby reenacted to read as follows:
Sections_.:
Chapter 10.04
MODEL TRAFFIC CODE
ARTICLE I. GENERAL PROVISIONS
10.04.010 Adoption -- Copies on file.
10.04.020 Application.
10.04.030 Interpretation.
10.04.040 Violation -- Penalty.
ARTICLE II. TRAFFIC CONTROL SCHEDULES
( 10.04.050 Decreased and Increased Speed Limits.
ARTICLE III. AMENDMENTS
10.04.060 Section 1212 added to Article I, Part 12 --
Parking on private property.
10.04.070 Section 1801 added to Article I, Part 18 --
Authority to Impound Vehicles.
10.04.080 Section 706 amended -- Obedience to railroad
signal.
ARTICLE I. GENERAL PROVISIONS
10.04.010 Adoption--Copies on File. A. Pursuant to
Section 6.9 of Chapter -6 of the Town Charter and Title 31,
Article 16, Parts 1 and 2, C.R.S., as amended, there is adopted
by reference Articles I and II, inclusive, of the 1995 edition of
the Model Traffic Code for Colorado Municipalities, promulgated
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and published as such by the Colorado Department of
Transportation, Staff Traffic and Safety Projects Branch, 4201
East Arkansas Ave., Denver, Co. 50222. The subject matter of the
Model Traffic Code relates primarily to comprehensive traffic
control regulations for the town. The purpose of the ordinance
codified in this chapter and the code adopted herein is to
provide a system of traffic regulations consistent with state law
generally conforming to similar regulations throughout the state
and nation.
B. Three copies of the Model Traffic Code, adopted
herein,, are now filed in the office of the clerk of the town and
may be inspected during business hours. The Model Traffic Code,
as finally adopted, shall be available for sale to the public
through the office of the town clerk at a moderate price.
10.04.020.. Application. This chapter shall apply to
every street, alley„ sidewalk area, driveway, park and to every
other public way or public place or public parking area, either
within or outside the corporate limits of this municipality, the
use of which this municipality has jurisdiction and authority to
regulate. The provisions of Sections 1401, 1402, 1413, and Part
16 of the adopted Model Traffic Code, respectively concerning
reckless driving, careless driving, eluding a police officer, and
accidents and accident reports, shall apply not only to public
places and ways but also throughout this municipality.
10.04.030 Interpretation. This ordinance shall be so
interpreted and constructed as to effectuate its general purpose
and conform with the state's uniform system for the regulation of
vehicles and traffic. Article and section headings of this
chapter and adopted Model Traffic Code shall not be deemed to
govern, limit, modify or in any manner-affect the scope, meaning
or extent of the provisions of any article or section thereof.
10.04.040 Violation -- Penalties. The following
penalties, herewith set forth in full, shall apply to this
chapter:
A. It is unlawful for any person to violate any of the
provisions adopted in this chapter.
B. Every person convicted of a violation of any
provision adopted in this chapter shall be punished by a fine not
exceeding one thousand dollars or by imprisonment not exceeding
one hundred eighty days, or both such fine and imprisonment.
ARTICLE II. TRAFFIC CONTROL SCHEDULES
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10.04.050 Decreased and .increased Speed Limits. In
accordance with the provisions of suctions 1101 and. 3.102 of the
Model Traffic Code, and when official signs are erected giving
notice thereof, the speed limit for specified intersections or
approaches thereto and upon streets or portions thereof shall be
designated in resolutions duly adopted by the Avon Town Council.
10.04.060
the-Model Traffic C
Part 12 is amended
read as follows:
ARTICLE III. AMENDMENTS
tion_1212 added to Article I, Part 12 of
__Parking on Private-Property. Article I,
he addition of section 1212, which shall
Section-1212. Unlawful Parking on Private Parking Lots
or_Private Property.
It shall be'unlawful for any person to park or cause to
be parked any vehicle upon any private parking lot or any other
private property with the 'Town of Avon, without the consent of
the owner thereof or the tenant or person in possession or
control of said private parking lot or private property.
(a) Posting of Sign
Any, owner, tenant or person in possession or control
of a private parking lot or private property wishing to avail
himself of the provision of this section shall post at each and'
every entrance to a private parking lot or private property a
sign containing essentially the following words:
Private Parking Lot
Parking is reserved for persons having permission
of the owner and any other person may be-subject to the penalties
imposed by Ordinance No. 96-6 (Series 1996). Violating vehicles
may be impounded.
All signs must be approved by the Chief of Police, who
shall have the authority to determine size, shape and lettering
of such signs.
(b) Signing of Complaints
No complaint shall be issued for any violation of this
section unless the same is signed by the owner, tenant or person
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in possession or control of the private parking lot or private
property within or Upon which a violation of this section may
have occurred or the agent of such person or entity.
10.04.070 Section 1801 added to Article IL Part 18 of
the Model Traffic Code -- Author it to I ound vehicles. Article
I, Past 18 is amended by the addition of Section 1801 which shall
read as follows:
Section 18 :01. Authority to Impound vehicles. (a)
Whenever any police officer finds a vehicle, attended or
unattended, standing, upon any portion of a street or highway
right of way within this municipality in such a manner as to
constitute a violation of sections 1202 and 1204 of this Code, or
left unattended, for a period of 24 hours or more and presumed to
be abandoned under the conditions prescribed by 42 -4 -1802 et.
SO,. C.R.S., such officer shall require such vehicle to be
removed or cause the same to be removed and placed in storage at
the nearest garage or other place of safety designated or
maintained by this municipality.
(b) In the event of abandonment of a vehicle on
Property within this municipality other than public rights -of -way
the owner of such property shall notify the police department,
and said police after a period of 72 hours cause the abandoned
vehicle to be removed and placed in storage in the nearest garage
or other place of safety designated or maintained by the
municipality.
(c) Whenever any police officer finds a vehicle parked
on any street or at any place within this municipality in
violation of any provision of this code or in violation of,a
Provision contained on any official sign, such officer may
require such vehicle to be removed or cause the same to be
removed and placed in storage.
(d) A vehicle illegally parked on private property
shall not be impounded pursuant to section 1801(c) hereof unless
a complaint for said violation is signed by the owner, lessee,
tenant, or authorized agent, who is legally in possession or
control of said property.
(e) In the event a vehicle is impounded pursuant to
sub- section (a), (b) or (c) of section 1801 hereof, the owner or
driver of the vehicle shall pay as a fine a reasonable amount for
said removal or removal and storage in addition to the penalty
imposed for illegal parking or any other violation of any of the
provisions hereof.
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(f) whenever the police officer or any other employee
of the Town of Avon. so authorized removes the vehicle and causes
it to be impounded as authorized by law, and the officer or other
employee knows or is able to ascertain from the registration, or
other records in the vehicle or otherwise, the name of the owner
and address of the owner, the officer or employee shall
immediately give or cause to be given notice in writing to the
owner of the fact of the removal, the reason for it and the place
to which the vehicle has been removed.
(g) Whenever an officer or employee of the Town
removes a vehicle from a public way or from public or private
Property and does not know or is not able to ascertain the name
of the owner thereof, or for any other reason is unable to give
the notice to the owner as provided in section 1801(f), and in
the event the vehicle is not returned to the owner with a period
of three days, the Chief of Police or other employee of the Town
designated by the Chief of Police shall immediately send or cause
to be sent a written report of the removal by *
ail to the state
department whose duty it is to register motor vehicles. The
notice shall include a complete description of -the vehicle, the
date, time and place of removal, the reasons for the removal, and
the name of the garage or other place where the Vehicle is
stored, with a request that the owner of the vehicle be notified
immediately.
(h) Whenever, pursuant to the terms of this chapter, a
vehicle has been impounded by the Town for period of thirty days
and no claim of ownership or right to possession thereof has been
made, or when a claim has been made but not established to the
satisfaction of the town manager, and no suit or action to
determine the claim has been instituted, the Town may dispose of
the vehicle in the manner set out in subsection (i).
(1) The Chief of Police or other employee of the Town
designated by the Chief of Police shall cause written notice to
be given to all persons known by him to claim an interest in the
vehicle. The notice shall be given by delivery in person, or by
certified mail, addressed to the last known address of the
business or residence of the person to be notified. The notice
shall contain the following:
1. An itemized
Town for removal of and storag e
due at the time of notice;
statement of the amount due to the
of the vehicle showing the amount
2. A description of the vehicle.
3. A demand that the amount due the mown, as
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stated in the notice, and such further claims as shall accrue,
shall be paid and the right to the possession of the vehicle be
established to the satisfaction of the Chief of Police on or
before the date mentionedi being not less than ten days from the
delivery of the notice if it is personally delivered, or from the
date or registration of the letter, unless the person notified
chooses to appear before the Chief of Police or his designee
within such ten =day period and establishes that (1) the
impounding of the vehicle was improper or (2) the amount demanded
is unreasonable, and the statement that unless the amount due the
Town is paid or determined not to be required and the right to
the possession of the vehicle is established to the satisfaction
of the Chief of Police within the time specified, the vehicle
will be advertised for sale and sold by auction at a specified
time and place.
(j) In accordance with the terms of the notice
provided for in section 1801(i)(3), a sale of the vehicle by
auction may be had to satisfy the claim of the Town for the
storage and removal of the vehicle and to discharge the Town from
further responsibility in connection with the vehicle and from
any duty to further retain or store the vehicle. The sale shall
be held at the place where the vehicle is stored or impounded or,
if it is manifestly unsuitable for the purpose, at the nearest
suitable place and shall be made to the highest bidder of a price
at least as great as the estimated value of the vehicle. After
the time for the payment of the claim and the establishment to
the satisfaction of the Chief of Police of the right to
possession of the vehicle has elapsed and notice was given as
required, an advertisement of the sale, describing the vehicle
to be sold and stating the names of all person known by the Chief
of Police to claim an interest in the vehicle, if any, and the
time and place of the sale, shall be published once a week for
two consecutive weeks in a newspaper published in the county.
The sale shall be held not less than fifteen days from the date
of the first publication. The Chief of Police shall execute and
deliver a bill of sale, together with any report required by the
Colorado Department of Revenue, evidencing transfer of title to
the vehicle to any purchaser.
(k) From the proceeds of the sale provided for in
section 1801(j), the Chief of Police shall satisfy the claim of
the Town for the charges for removal and storage of the vehicle,
and for the reasonable charges or expenses for or of the notice,
advertising and sale. The balance, if any, of the proceeds will
be paid into the treasury of the Town and deposited to the
general fund. No claim for refund shall be made by any person
entitled to it except if the claim is made within one year from
the date of any sale resulting in the payment of any such
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proceeds into the treasury. A claim, or refund shall be made to
the town manager, Torho shall make a thorough examination of the
claim. The failure on the part of any person to request the
initiation of a refund to him within one year from the date of
sale shall be conclusive of the fact that he has no meritorious
Claim for the refund within the set period of one year from the
date of sale and he shall not thereafter commence any action,
suit or proceeding whatsoever to obtain the refund and the Town
shall be under no liability to him whatsoever by reason of the
sale for the payment of any part of the proceeds of the sale or
the entire proceeds of the sale in the treasury of the Town.
(1) When any vehicle is offered for sale at auction
pursuant to the terms of this chapter and there is'no bid for the
vehicle, the Chief of Police shall declare the vehicle to be sold
to the Town for the amount of the charges for the removal and
storage of the vehicle, and the charges and expenses of notice,
advertisement, and sale, and shall place the vehicle in the
custody of such department of the Town as he in his sole
discretion may determine, for the sole benefit and use of the
Town.
(m) There shall be no right of redemption from any
sale made pursuant to the terms of this section and after a
vehicle has been sold pursuant to such terms, neither the Town
nor any officer, agent or employee of the Town shall be liable
for failure to deliver the vehicle to anyone other than the
purchaser or purchasers at the sale.
(n) Nothing contained herein shall be construed as
imposing any obligation or liability on the Town for any
negligence in the towing or storage of any vehicle or with
respect the quality of title to any vehicle.
10.04.080 Section 706 amended ---Obedience to Railroad
Signal. Section 706 of the Model Traffic Code is amended to read
as follows:
Section 706. Obedience to Railroad Signal.
(1) Whenever any person driving a motor vehicle
approaches a railroad grade crossing under any circumstances
stated in this section, the driver of such vehicle shall stop
within fifty feet but not less than fifteen feet from the nearest
rail of such railroad and shall not proceed until he can do so
safely. Such requirements shall apply when:
(a) A clearly visible electric or mechanical
signal device gives warning of the immediate approach of a
railroad train.
(b)- A crossing gate is lowered or -when a human
flagman gives or continues to give a signal of the approach or
passage of a railroad train;
(c) A railroad train approaching within
approximately fifteen hundred feet of the highway crossing emits
a signal audible from such distance, and such railroad train, by
reason of its speed or nearness to such crossing, is an immediate
hazard;
(d) An approaching railroad train is plainly
visible and is in hazardous proximity to such crossing.
(2) No person shall drive any vehicle through, around,
or under any crossing gate or barrier at a railroad crossing
while such gate or barrier is closed or is being opened or
closed, nor shall any pedestrian pass through, around, over, or
under any crossing gate or barrier at a railroad crossing while
such gate or barrier is closed or is being opened or closed.
_Section 2. Severability. If any part, section,
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 portions of this Ordinance; and the Town
Council for the Town of Avon hereby declares it would have passed
this Ordinance and each part, section, sub- section, sentence,
clause or phrase thereof, irrespective of the fact that any one
or more parts, sections, sub - sections, sentences, clauses or
phrases be declared invalid.
Section 3. Effective Date. The reenactment of Chapter_
10.04 as accomplished by the passing of this Ordinance, shall be
effective retroactively, from November 28, 1995. The repeal of
Ordinance 95 -23 shall be effective seven days following posting
of this Ordinance after its final adoption.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED, this 9th day of April, 1996, and a public
hearing shall be held at the regular meeting of the town council
of the Town of Avon, Colorado on the 23rd day of April, 1996, at
7:30 p.m. in the Municipal Building of the Town of Avon,
Colorado.
TOWN OF AVON, COLORADO
T COUNCIL
7/' /TZ. iA.4 -, f, �'
Albert �T! Remolds, Mayor
8 / v
erk
INTROiDUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED
this 23rd day of April , 1996.
Attest:
Patty Neyh , CPC
Town Clerk
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Approved as to fiorm:
John' W. Dunn, Town Attorney
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TOWN OF ASTON, COLORADO
Z
STATE OF COLORADO �
COUNTY OF EAGLE .SS
TOWN OF AVONN t
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 23RI)
DAY OF APRIL, 1996, AT THE TOWN MIMMICIPAL, BUILD! -VG FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 96-6,
SERIES OF 1996:
AN ORDINANCE REPEALING ORDINANCE NO. 95 -23 AND REENACTING_
CHAPTER 10.04 OF TITLE 10 OF THE AVON MUNICIPAL CODE
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 is given and posted by order of the Town Council of
the Town of Avon, Colorado
Dated this 10th day of April, 1996.
TOWN- OE_AVON, COLORADO
BY:
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Patty Ney art,
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
APRIL 10, 1996;
WAL -MART IN THE LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY