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TC Ord. No. 2004-04 TOA adopting by reference and reenacting the muni code for the TOA providing for the repeal of certian ordinances not included therein, providing a penalty for the violation thereof, providing for the manner of amending such code and pTOWN OF AVON, COLORADO ORDINANCE NO. 04-04 SERIES OF 2004 AN ORDINANCE OF THE TOWN OF AVON, ADOPTING BY REFERENCE AND REENACTING THE MUNICIPAL CODE FOR THE TOWN OF AVON; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. Be It Ordained by the Town Council of the Town of Avon, Colorado: Section 1. The Code entitled The Avon Municipal Code published by Colorado Code Publishing Company, consisting of Chapters 1 through 17, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before the adoption date of this Ordinance, which are inconsistent with the provisions of the Avon Municipal Code, to the extent of such inconsistency, are hereby repealed. The repeal established in this Section shall not be construed to revive any ordinance or part thereof that had been previously repealed by any ordinance which is repealed by this Ordinance. Section 3. The following codes were adopted by reference and incorporated in the Avon Municipal Code. One (1) copy of each is on file in the Town Clerk's office: (1) The Model Traffic Code for Colorado Municipalities, 1995 edition, published by the Colorado Department of Transportation, as adopted and amended in Section 10.04.010 et seq.; (2) The Uniform Building Code, 1997 edition, published by the International Conference of Building Officials, as adopted and amended in Section 15.08.010 et seq.; (3) The National Electrical Code, 1999 edition, published by the National Fire Protection Association, as adopted and amended in Section 15.12.010 et seq.; (4) The Uniform Plumbing Code, 1997 edition, published by the International Association of Plumbing and Mechanical Officials, as adopted and amended in Section 15.20.010 et seq.; (5) The International Mechanical Code, 1997 edition, published by the International Code Council, as adopted and amended in Section 15.24.010 et seq.; (6) The Uniform Fire Code, 1997 edition, published by the International Fire Code Institute, as adopted and amended in Section 15.32.010 et seq.; and (7) The Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, published by the International Conference of Building Officials, as adopted and amended in Section 15.44. 010 et seq. Section 4. The penalties provided by the Municipal Code of the Town of Avon are hereby adopted as follows: (1) 1.08.010. Designated. (Chapter 1.08, General Penalty) With the exception of traffic offenses and the possession of cannabis under Section 9.16.080, whenever in any section of this Code or any section of a rule or regulation promulgated hereunder the doing of any act is required, prohibited or declared to be unlawful, any person who shall be convicted of, or plead guilty or no contest to a violation of any such section shall, for each offense, be fined in a sum not more than one thousand dollars ($1,000.00) or imprisoned not to exceed one (1) year, or both such fine and imprisonment. Each day an offense continues shall constitute a separate offense. (2) 1.08.020 Public work. (Chapter 1.08, General Penalty) 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 works for the Town or for any charity, the terms and conditions thereof to be set forth by the Municipal Judge. (3) 1.08.030 Minors. (Chapter 1.08, General Penalty) 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 (18) 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 (18) years may be confined as provided in Section 13-10-113, C.R.S. (1973), as amended. (4) 2.08.040 Jurisdiction, powers and procedures. (Chapter 2.08, Municipal Court) The Municipal Court shall have original jurisdiction of all cases arising under the Municipal Code and other ordinances of the Town with the authority to punish violators thereof by the imposition of fines and penalties not to exceed one thousand dollars ($1,000.00) and one (1) year imprisonment as stated in the Municipal Code section or ordinance involved, together with court costs in the amount of fifteen dollars ($15.00). The procedures of the Court shall be in accordance with the Municipal Court Rules of Procedure as promulgated by the Colorado Supreme Court. (5) 2.08.110 Schedule of fines. (Chapter 2.08, Municipal Court) The Municipal Court is authorized to establish a schedule of fines to be imposed for the following violations: -2- 8.24.040 Keeping junk 8.24.042 Parking and driving in designated areas 8.24.045 Weeds 8.24.050 Depositing waste material 8.24.065 Driveways must be paved 8.24.070 Spilling loads on highways prohibited 8.24.085 Limitation of construction activity 8.24.100 Ice and snow overhangs and accumulations 8.24.110 Ice and snow on sidewalk, public passageway or parking area 10.04.040 Violations-Penalties 15.08.025 Cleanup during construction 15.08.300 Violations 15.12.060 Violations 15.20.110 Violation 15.24.110 Violation 17.12.030 Permit requirement 17.12.07013 Violations-Penalties and remedies (6) 2.30.150 Penalties and remedies. (Chapter 2.30, Town Code of Ethics) (a) It is unlawful for any person to violate any provision of, or to fail to comply with any of the requirements of this Chapter. Any person who violates any provisions of this Chapter shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a period of not more than ninety (90) days or by both such fine and imprisonment. Additionally, upon conviction such person shall be liable to the Town for such damages as may have been suffered or incurred as a result of such violation. (b) Upon conviction for any violation of this Chapter such officer shall immediately forfeit his or her office or position. Nothing in this Chapter shall be construed to prohibit such public officer from being reelected, reappointed or otherwise rehired to any position forfeited under the provisions of this Chapter. (c) Any court of competent jurisdiction called upon to enforce the provisions of this Chapter may, with the consent of the Town Council, exempt from the provisions of this Chapter any conduct of a Town officer upon the finding that the enforcement of this Chapter with respect to such officer's conduct would not be in the public interest. (7) 3.08.140 Penalty - disregard for rules. (Chapter 3.08, Sales Tax) If any part of the deficiency is due to negligence or intentional disregard of authorized rules and regulations with knowledge thereof, but without intent to defraud, there shall be added ten percent (10%) of the total amount of the deficiency; and in such case, interest shall be collected at the rate of one and one-half percent (1'/z%) per month on the amount of the deficiency from the time the return was due, from the person required to file the return, which interest and addition shall become due and payable within fifteen (15) days after written notice and demand by the Director of Finance. -3- (8) 3.08.150 Penalty - fraud. (Chapter 3.08, Sales Tax) If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added fifty percent (50%) of the total amount of the deficiency, and in such case the whole amount of the tax unpaid, including the additions, shall become due and payable fifteen (15) days after written notice and demand by the Director of Finance, and an additional one and one-half percent (1'/2%) per month on said amounts shall be added from the date the return was due until paid. (9) 3.08.210 Estimated taxes and assessment thereof. (Chapter 3.08, Sales Tax) (a) If any person neglects or refuses to make a return for, or payment of any of the taxes levied by this Chapter when the same become due, the Director of Finance shall, at some date subsequent to five (5) days after the date for the making of such return or the payment of such taxes, give written notice to the person responsible for making the return or paying the taxes or the lack of the filing of such return or payment of said taxes, which notice shall notify the taxpayer, or other person responsible for the return of the tax, that the same must be paid within five (5) days from the date of the receipt of said notice. (b) If the. return is not filed, or the taxes are not paid, within five (5) days after receipt of such notice, the Director may make an estimate, based upon such information as may be available to him or her, of the amount of taxes due for the period or periods for which taxpayer is delinquent and shall add thereto a penalty in an amount equal to ten percent (10%) of the estimated tax, together with interest on the estimated tax at the rate of one and one-half percent (1'/2%) per month from the due date thereof, and may assess said amount against the delinquent taxpayer by giving the taxpayer written notice thereof, which notice shall require the taxpayer either to pay the amount assessed by the Director of Finance or to petition him or her for a correction of the estimate within a period of ten (10) days thereafter. Any such petition for correction shall be in writing, and any facts or figures in support thereof shall be submitted upon the oath of the taxpayer. The Director shall consider the matters submitted by the taxpayer, and shall make a decision as to the proper amount of taxes, penalty and interest due, which decision shall be final and binding. (10) 3.08.310 Penalties. (Chapter 3.08, Sales Tax) Any person, firm or corporation violating any of the provisions of this Chapter shall be deemed guilty of a violation of this Chapter, and any such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued or permitted; and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than ninety (90) days, or by both such fine and imprisonment. (11) 3.08.350 Sales tax - neglect or refusal to make return or to pay. (Chapter 3.08, Sales Tax) If a person neglects or refuses to make a return in payment of the sales tax or to pay any sales tax as required, the Director of Finance shall. make an estimate, based upon such information as may be available, of the amount of taxes due for the period for which the taxpayer is delinquent and shall add thereto a penalty equal to the sum of fifteen dollars ($15.00) for such failure or ten percent (10%) thereof and interest on such delinquent taxes at the rate imposed under Section 3.08.353 plus one-half percent (0.5%) per month from the date when due, not exceeding eighteen percent (18%) in the aggregate. -4- (12) 3.12.090 Due dates, delinquencies, penalties and interest. (Chapter 3.12, Real Properly Transfer Tax) The tax imposed under this Chapter is due and payable at the time the deed, instrument or writing effecting a transfer subject to the tax is delivered, and is delinquent if unpaid within thirty (30) days thereafter. In the event that the tax is not paid prior to becoming delinquent, a delinquency penalty of ten percent (10%) of the amount of tax due shall accrue. In the event a portion of the tax is unpaid prior to becoming delinquent, the penalty shall only accrue as to the portion remaining unpaid. Interest shall accrue at the rate of one percent (1%) per month, or fraction thereof, on the amount of tax, exclusive of penalties, from the date the tax becomes delinquent to the date of payment. Interest and penalty accrued shall become part of the tax. (13) 3.12.130 Penalty for violations - remedies not exclusive. (Chapter 3.12, Real Property Transfer Tax) (a) Any person who fails or refuses to pay any tax due under this Chapter may be punished by a fine not exceeding three hundred dollars ($300.00) or imprisonment for a period of not more than ninety (90) days, or both such fine and imprisonment. (b) Any remedies provided for in this Chapter shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. (14) 3.16.060 Failure to pay or file - penalty. (Chapter 3.16, Telephone Utility Tax) (a) If any telephone utility subject to this Chapter fails to pay the taxes as provided herein, the full amount thereof shall be due and collected from each company and the same, together with an addition of ten percent (10%) of the amount of taxes due, shall be and is declared to be a debt due and owing from such utility to the Town. (b) If any officer, agent or manager of a telephone utility which is subject to the provisions of this Chapter fails, neglects or refuses to file any statement required by this Chapter within the time herein prescribed, such officer, agent or manager shall be punished, on conviction thereof, by a fine of not less than twenty-five dollars ($25.00), nor more than three hundred dollars ($300.00); provided, that each day after such statement becomes delinquent, during which said officer, agent or manager so fails, neglects or refuses to file such statement, shall be considered a separate offense. (15) 3.28.080 Interest penalties. (Chapter 3.28, Public Accommodations Tax) If remittances and reports are not received on the due dates specified in Section 3.28.070, a penalty shall be imposed in the amount of ten percent (10%) of the tax liability, and the total amount due, including tax and penalty, will bear interest at the rate of one and one-half percent (1'/2%) per month or fraction thereof until such reports and remittances are received by the Town Manager. (16) 3.28.090 Violation - penalty. (Chapter 3.28, Public Accommodations Tax) Any person, firm or corporation violating any of the provisions of this Chapter shall be deemed guilty of a violation of this Chapter and any such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than three hundred dollars -5- ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (17) 5.04.050 Violation - penalty. (Chapter 5.04, Business Registration) It is unlawful for any person to violate any provision of this Chapter. Any person who violates any provision of this Chapter shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a period of not more than ninety (90) days or by both such fine and imprisonment; provided, no person under the age of eighteen (18) years shall be punished by imprisonment. Any such person shall be guilty of a separate offense for each and every day during any portion of which a violation of any provision of this Code is committed, continued or permitted by such person and shall be punished accordingly. (18) 5.08.160 Suspension and revocation - written complaints. (Chapter 5.08. Liquor Licenses) (a) The Local Liquor Licensing Authority has the power and authority upon its own motion or complaint to: (3) Fine in lieu of suspension. . a. Whenever a decision suspending a retail license for fourteen (14) days or less becomes final, whether by failure of the retail licensee to appeal the decision or by exhaustion of all appeals and judicial review, the retail licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having his or her retail license suspended for all or part of the suspension period. Upon the receipt of the petition the Local Liquor Licensing Authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made which it deems desirable and may, in its sole discretion, grant the petition if it is satisfied: 1. That the public welfare and morals would not be impaired by permitting the retail licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; 2. That the books and records of the retail licensee are kept in such a manner that the loss of sales of alcoholic beverages which the retail licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy therefrom; and 3. That the retail licensee has not had his or her license suspended or revoked, nor had any suspension stayed by payment of a fine, during the two (2) years immediately preceding the date of the motion or complaint which has resulted in a final decision to suspend the retail license. b. The fine accepted shall be the equivalent to twenty percent (20%) of the retail licensee's estimated gross revenues from sales of alcoholic beverages during the period of the proposed suspension; except that the fine shall be not less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00). -6- c. Payment of any fine pursuant to the provisions of this Subsection shall be in the form of cash or in the form of a certified check or cashier's check made payable to the Local Liquor Licensing Authority. (19) 5.16.080 Violation - penalty. (Chapter 5.16, Peddlers and Solicitors) Any person violating any of the provisions of this Chapter shall be deemed guilty of a violation of this Chapter, and any such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued or permitted, and, upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (20) 5.20.100 Violations - penalty. (Chapter 5.20, Snowplows) A complaint may be filed in the Municipal Court for the Town charging a violation of this Chapter. Upon conviction thereof, the permittee, agent or representative therefor may be punished by fine of not more than five hundred dollars ($500.00) or imprisonment of not more than ninety (90) days or both such fine and imprisonment. Each day such violation is committed or permitted to continue constitutes a separate offense and shall be punishable as such under this Chapter. (21) 6.04.160 Violations and penalty assessments. (Chapter 6.04, Animal Control) (a) Any person who violates any provisions of this Chapter, upon conviction thereof, shall be punished for such offense by imprisonment for not more than one hundred eighty (180) days or by a fine of not more than one thousand dollars ($1,000.00) or by both such imprisonment and fine, plus the customary court costs as applicable. (b) The Municipal Court may establish a penalty assessment procedure and make provision for a schedule of penalty assessments. (c) For purposes of determining the proper fine (penalty assessment) for violations of this Chapter which do not result in bodily injury to any person, only those convictions (admissions of guilt) occurring within twelve (12) months of the date of the offense for which the fine (penalty assessment) is now being imposed shall be considered. This twelve-month limitation shall not apply to what evidence may be introduced in aggravation of any sentencing for any violation of this Chapter which does result in bodily injury to any person nor shall any time limitation apply to the provisions of Section 6.04.140 of this Chapter. (22) 6.04.180 Destruction of dangerous dogs. (Chapter 6.04, Animal Control) (a) In addition to any other penalty, if it is found by the court or a jury that any dog complained of is a dangerous dog, the court may, if it finds it is in the best interest of the public, order the dog destroyed at the owner's expense. Such destruction shall not occur prior to the completion of observation of the dog for rabies when necessary. (b) In the event the dog owner is twice convicted of an offense relating to the same dog, the court may order the dog destroyed and require that the owner, as a condition of probation, refrain from owning or harboring any dog at any premise for a period of one (1) year. -7- (23) 8.08.050 Violation - penalty. (Chapter 8.08, Fireworks) Any person violating any provision of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. (24) 8.12.180 Violation - penalty. (Chapter 8.12, Garbage and Refuse) Every person, upon conviction of violation of this Chapter, shall be fined not less than thirty- five dollars ($35.00) nor more than five hundred dollars ($500.00), plus the cost of removal of the refuse; or shall be punished by imprisonment for not more than ten (10) days. (25) 8.18.020 Violation - penalty. (Chapter 8.18, Nuclear Free Zone) Any person, firm or corporation violating the terms of this provision shall be guilty of a misdemeanor, and shall be punished by sixty (60) days in jail, or a fine of five hundred dollars ($500.00), or by both such fine and imprisonment. (26) 8.24.160 Violation - penalty. (Chapter 8.24, Public Nuisances) Any person convicted of violating any of the provisions of this Chapter shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not to exceed one (1) year, or by both such fine and imprisonment; provided, that each separate act in violation of the provisions of this Chapter, or each and every day or portion thereof during which any separate act in violation of this Chapter is committed, continued or permitted, shall be deemed a separate offense. (27) 8.26.090 Penalty. (Chapter 8.26, Nude Entertainment Establishments) It is unlawful for any person to violate any provision of, or to fail to comply with any of the requirements of, this Chapter. Any person who violates any provisions of this Chapter shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not more than one hundred eighty (180) days or by both such fine and imprisonment; provided, no person under the age of eighteen (18) years shall be punished by imprisonment. (28) 8.28.030 Violation - penalties. (Chapter 8.28, Fire Safety Inspections) (a) Any owner, lessee, agent or occupant of any building or premises maintaining any condition likely to cause fire or to constitute an additional fire hazard or any condition which impedes or prevents the egress of persons from such building or premises in violation of the provisions of this Chapter shall be deemed to be maintaining a fire hazard and shall be guilty of a misdemeanor. (b) Any person, firm or corporation violating any of the provisions of this Chapter shall be guilty of a misdemeanor, and any such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this Chapter is committed, continued or permitted, and, upon conviction of such violation, such person, firm or corporation shall be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. -8- (29) 8.32.010 Violations and penalties - nuisance declared. (Chapter 8.32, Penalty) (a) It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Title. Any person who violates any provisions of this Title shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not more than ninety (90) days, or by both such fine and imprisonment; provided, no person under the age of eighteen (18) years shall be punished by imprisonment. (b) Any such person shall be guilty of a separate offense for each and every day during any portion of which a violation of any provision of this title is committed, continued or permitted by such person and shall be punished accordingly. (c) In addition to the penalty provided in this Section, any condition caused or permitted to exist in violation of any of the provisions of this title shall be deemed a public nuisance and may be summarily abated by the Town as such, and each day that such condition continues shall be regarded as a new and separate offense. (d) Notwithstanding the foregoing penalty provisions of Subsections 8.32.010(a)-(c), and in accordance with Section 25-7-128(8), C.R.S., any person who is guilty of an odor violation as set forth in Section 8.31.030 of this Code shall be subject to a penalty of not more than three hundred dollars ($300.00). Each day during which such a violation occurs shall be deemed a separate offense. (30) 9.16.080 Penalty for possession. (Chapter 9.16, Offenses Against Public Peace) Any person who possesses not more than one (1) ounce of cannabis shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one hundred dollars ($100.00). (31) 9.16.100 Penalty for public display or consumption. (Chapter 9.16, Offenses Against Public Peace) Any person who openly and publicly displays or consumes not more than one (1) ounce of cannabis is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one hundred dollars ($100.00). (32) 9.32.010 Violations and penalties - nuisance declared. (Chapter 9.32, Penalty) (a) It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Title. Any person who violates any provisions of this Title shall be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for a period of not more than ninety (90) days or by both such fine and imprisonment; provided, no person under the age of eighteen (18) years shall be punished by imprisonment. (b) Any such person shall be guilty of a separate offense for each and every day during any portion of which a violation of any provision of this Title is committed, continued or permitted by such person and shall be punished accordingly. (c) In addition to the penalty provided in this Section, any condition caused or permitted to exist in violation of any of the provisions of this Title shall be deemed a public nuisance, and may be summarily abated by the Town as such and each day that such condition continues shall be regarded as a new and separate offense. -9- (33) 10.04.040 Violation - penalties. (Chapter 10.04, Model Traffic Code) The following penalties, herewith set forth in full, shall apply to this Chapter: (1) It is unlawful for any person to violate any of the provisions adopted in this Chapter. (2) Every person convicted of a violation of any provision adopted in this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not to exceed one (1) year, or by both such fine and imprisonment. (34) 10.04.090 Section 1709 amended - penalty assessment notice for traffic offenses. (Chapter 10.04, Model Traffic Code) Section 1709 of the Model Traffic Code is amended by the addition of the following language: "1709(5.5). If a person receives a penalty assessment notice for a violation under Section 1709 and such person pays the fine and surcharge for the violation on or before the date the payment is due, the points assessed for the violation are reduced as follows: "(a) For a violation having an assessment of three (3) or more points under Section 42- 4-1701 (5), Colorado Revised Statutes, the points are reduced by two (2) points; "(b) For a violation having the assessment of two (2) points under Section 42-4- 1701(5), Colorado Revised Statutes, the points are reduced by one (1) point. "1709(6). Whenever the Town of Avon reduces a traffic offense the reduced offense and the points assessed for such reduced offense shall conform to the point assessment schedule under Section 42-2-127(5), Colorado Revised Statutes." (35) 10.04.120 Section 1701 amended - traffic offenses and infractions classified - penalties - penalty and surcharge schedule. (Chapter 10.04, Model Traffic Code) Section 1701 of the Model Traffic Code is amended by the addition of the following language: "1701(5). The penalty and surcharge schedule imposed for any moving traffic violation under subparagraph 3 of Section 1701 are doubled if the violation occurs within a school zone pursuant to Section 1415 or if a violation of Section 1903(1)(a) occurs. "1701(6). The penalty and surcharge schedule imposed for any moving violation under subsection 3 of Section 1701 are doubled if the violation occurs within any of the residential areas as designated pursuant to Section 1416." (36) 10.08.080 Violation - penalty. (Chapter 10.08, Restricted Use Areas) Any person violating any provision of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed three hundred dollars ($300.00). -10- (37) 10.12.060 Violation - penalty - impoundment. (Chapter 10.12, Emergency Lane Parking Restrictions (a) No person shall stop, stand or park a vehicle within any emergency lane designated pursuant to this Chapter, except when necessary to avoid a conflict with other traffic, or in compliance with the directions of a police officer or official traffic control device, or except for the purpose of loading or unloading passengers when such standing does not obstruct, impede or endanger any traffic. (b) Every person convicted of a violation of this Section shall be punished by a fine up to three hundred dollars ($300.00). (c) In addition to issuing a summons and complaint for a violation of this Section, any Town police officer may order any offending vehicle towed and impounded. Before the owner or agent for the owner of any vehicle impounded pursuant to this Chapter is permitted to retake possession of the impounded vehicle, he or she shall pay the actual costs of the towing and the daily storage rate, computed on the basis of the number of days for which the vehicle was stored, to the Town or its designated representative. (38) 10.16.020 Violation - penalty. (Chapter 10.16, Parking Privileges for the Handicapped) Any person violating any provision of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500.00). (39) 10.18.040 Violation and penalties. (Chapter 10.18, Safety Belt Systems) It is unlawful for any person to violate any provision hereof. Any person who violates any provision of this Chapter shall be punished by a fine of ten dollars ($10.00). (40) 10.24.030 Violation - penalty. (Chapter 10.24, Vehicles Prohibited) It is unlawful for any person to violate any of the provisions of this Chapter. Every person convicted of a violation of any of the provisions of this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding one hundred eighty (180) days or by both such fine and imprisonment. (41) 12.04.040 Violation - penalty. (Chapter 12.04, Construction Work Within Public Ways) Any person, firm or corporation violating any of the provisions of this Chapter shall be deemed guilty of a violation of this Chapter, and any such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued or permitted, and, upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (42) 12.12.050 Violation. (Chapter 12.12, Railroad Crossings) It is unlawful for any person or corporation to violate any provision of this Chapter or to fail to comply with any duty imposed by this Chapter. Any person or corporation violating any provision -11- of this Chapter or failing to comply with any duty imposed by this Chapter shall be deemed guilty of a violation hereof and shall, upon conviction, be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a period of not more than ninety (90) days or by both such fine and imprisonment. (43) 12.16.080 Violation - penalty. (Chapter 12.16, Sidewalks) It is unlawful for any person to violate any provision of, or to fail to comply with any of the requirements of, this Chapter. Any person who violates any provisions of this Chapter shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not more than one hundred eighty (180) days or by both such fine and imprisonment; provided no person under the age of eighteen (18) years shall be punished by imprisonment. (44) 13.04.010 Unauthorized tampering with systems. (Chapter 13.04, Use of Water System) (a) Unauthorized use. No unauthorized person shall uncover, use, alter, disturb or make any connection with the water system without first obtaining a written permit from the Town. Unauthorized uses of or tampering with the Town's systems include, but are not limited to, change in customer's equipment, service or use of property, as defined in Section 13.05.110, an unauthorized turn-on or turn-off of water service, burying valve boxes, and modifying any water meter even though the same may be performed on a privately owned and maintained service line. (b) Malicious damage to system. No person shall maliciously, willfully or negligently break, damage, destroy, cover, uncover, deface or tamper with any portion of the Town's system. (c) Violators prosecuted. Any person who shall violate the provisions of this Section shall be deemed guilty of a violation of this Title. (d) Violators fined. Any person violating any of the provisions of these rules and regulations shall, upon conviction, be subject to a fine not to exceed the amount of one thousand dollars ($1,000.00) or to imprisonment in the county jail for not to exceed ninety (90) days or to both such fine and imprisonment. Such fine and costs shall also constitute a perpetual lien upon the violator's property, or upon the property concerning which the violator was providing services at the time of the violation in question, whichever the Town Manager deems appropriate. See Section 13.05.150 regarding unauthorized connections. (45) 13.04.150 Water restrictions - penalties for violation. (Chapter 13.04, Use of Water System) Any person using water in violation of Sections 13.04.120 through 13.04.140 shall be fined in accordance with Subsection 13.04.010(d) and shall be charged at triple the ordinary rate for the applicable billing period. Upon a second violation, the property shall be disconnected from service. (46) 13.08.100 Penalty for late payment. (Chapter 13.08, Rates and Charges) (a) At any time the customer is thirty (30) days past due in payment of charges due the Town, the Town shall assess an interest rate of one percent (1%) per month on the unpaid balance including accrued interest, but not to exceed the maximum effective interest rate permitted by state law. Customers will be notified on their bills when they are thirty (30) days past due. If the charges become sixty (60) days past due, the customers will be notified on their bill and notice will -12- be mailed by first class mail and posted on the premise that they have twenty (20) days from the date of notice to pay the bill in full, including current, past due, penalty and interest charges or their service will be terminated, a fee will be assessed in accordance with Section 13.05.180 and all charges due the Town must be paid in full to return water service to the customer. (b) The Town shall assess to any customer who is past due in payment of his or her account, all legal, court, disconnection and other costs necessary to or incidental to the collection of said account. (47) 15.08.310 Penalty. (Chapter 15.08, Uniform Building Code) Any person, firm or corporation violating any of the provisions of this Chapter or of the provisions of the Uniform Building Code, Volumes 1, 2 and 3 named in the title of this Chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for one (1) year, or by both such fine and imprisonment. (48) 15.12.070 Penalty. (Chapter 15.12, National Electrical Code) Any person, firm or corporation violating any of the provisions of this Chapter, or of the National Electrical Code named in the title of this Chapter, shall be deemed guilty of a misdemeanor, and such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be guilty of a misdemeanor and punishable by a fine of not more than one thousand dollars ($1,000.00) or ninety (90) days in jail or both. (49) 15.20.120 Penalty. (Chapter 15.20, Uniform Plumbing Code) Any person, firm or corporation violating any of the provisions of this Chapter or of the provisions of the Uniform Plumbing Code named in the title of this Chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for one (1) year, or by both such fine and imprisonment. (50) 15.24.120 Penalty. (Chapter 15.24, International Mechanical Code) Any person, firm or corporation violating any of the provisions of this Chapter or of the provisions of the International Mechanical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one -13- thousand dollars ($1,000.00) or imprisonment for one (1) year, or by both such fine and imprisonment. (51) 15.28.090 Maintenance, variances, construction code. (Chapter 15.28, Sign Code) (a) Sign maintenance, repair and removal. (1) Violation - notice. If the sign administrator finds that any sign is maintained in violation of the provisions of this Code, said administrator shall given written notice of the violation, by certified mail, to the owner or person entitled to possession of the sign, or the owner of the property where the sign is located. (2) Failure to comply - Town abatement. If the person fails to alter or remove the sign so as to comply with this Code within fifteen (15) days after receipt of the notice, the sign administrator may cause the sign to be altered or removed at the expense of the owner or person entitled to possession of the property or sign, and shall, upon determination of the expenses, certify them to the Town Clerk. (3) Lien. The Town Clerk shall notify the owner or person entitled to possession of the sign or property of the total costs incurred for the alteration or removal of the sign. If that person fails, within thirty (30) days after the date of notification, to pay the entire costs and expenses of the repair, alteration or removal, then the costs and expenses shall become a lien against the property, and the Town Clerk shall certify them to the County Treasurer for collection in the same manner as general property taxes are collected. (4) Costs. The amount certified by the Town Clerk to the County Treasurer for collection shall include the actual cost of repair or removal of the sign plus fifteen percent (15%), and, in addition thereto, shall include an amount equal to ten percent (10%) representing penalty and interest for the cost of collection. (5) Maintenance required - enforcement. All signs in the Town shall be properly maintained, to the satisfaction of the Planning and Zoning Commission, at all times. The Commission shall have the authority to order the painting, repair or removal of a sign, and accompanying landscaping, that constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. Their decision shall be subject to review by the Town Council, in accordance with the provisions of Chapter 2.16. Notification shall be by certified mail. If, within fifteen (15) days, the maintenance orders are not complied with, the sign administrator may order the sign removed, at the owner's expense, under the provisions of Subparagraphs (1) through (4) of this Subsection. (52) 15.28.110 Penalty. (Chapter 15.28, Sign Code) Any person, firm or corporation violating any of the provisions of this Chapter or of the provisions of this Code shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not -14- more than one thousand dollars ($1,000.00) or imprisonment for one (1) year, or by both such fine and imprisonment. (53) 15.32.260 Penalty. (Chapter 15.32, Uniform Fire Code) Any person, firm or corporation violating any of the provisions of the Uniform Fire Code or Uniform Fire Code Standards named in the title of this Chapter shall be deemed guilty of a misdemeanor, and any such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (54) 15.44.050 Penalty. (Chapter 15.44, Uniform Code for the Abatement of Dangerous Buildings) Any person, firm or corporation violating any of the provisions of this Chapter or of the provisions of the Uniform Code for the Abatement of Dangerous Buildings named in the title of this Chapter shall be deemed guilty of a misdemeanor, and any such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be guilty of a misdemeanor and punishable by a fine of not more than one thousand dollars ($1,000.00) or ninety (90) days imprisonment, or by both. (55) 17.12.070 Violations - penalties and remedies. (Chapter 17.12, Administrative Provisions) (a) The erection, construction, reconstruction, alteration, moving, conversion or maintenance of any building or structure and the use of any land, structure or building which is continued, operated or maintained contrary to any provisions of this zoning code is declared to be a violation of this zoning code and unlawful. (b) Any person or corporation, whether as principal, agent or employee, who violates any provision of this zoning code shall be, for each offense, punished by a fine of not exceeding one thousand dollars ($1,000.00) or imprisonment for a period of not more than one (1) year, or by both such fine and imprisonment. Each day any violation of this zoning code continues will constitute a separate offense. (c) The Town Attorney shall, immediately upon such violation being called to his or her attention, institute injunctive, abatement or other appropriate action to prevent, enjoin, abate or remove such violation. Such right of action shall also accrue to any property owner who may be especially damaged by any violation of this zoning code. (d) The imposition of any penalty under this zoning code shall not preclude the Town or affected property owner from instituting any appropriate action or proceeding to require compliance with the provisions of this zoning code. (e) Any remedies provided for in this Section shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. -15- Section S. Additions or amendments to the Code, when passed in the form as to indicate the intention of the Town to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6 Ordinances adopted after this Ordinance that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to those provisions of the Code. Section 7. This Ordinance shall become effective seven (7) days after public notice following final passage. INTRODUCED this 23rd day of March, 2004. ATT T: Patty c enny, T c!erk (SEA TO OF AVO , COL DO G. Ib . Reynolds, Mayor-11 ADOPTED AND ORDERED PUBLISHED on this day of , 2004. ATTEST: TOWN OF AVON, COLORADO Albert D., Reynolds, Mayor Patty McKenny, Town Clerk (SEAL) APPROVED AS TO FORM: John Dunn, Town Attorney -16-