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TC Ord. No. 2011-16 Amending Section 12.04.040 of the Avon Muni Code Regarding Violations of Chapter 12.04 Construction Work...TOWN OF AVON, COLORADO ORDINANCE NO. 11-16 SERIES OF 2011 AN ORDINANCE AMENDING SECTION 12.04.040 OF THE AVON MUNICIPAL CODE REGARDING VIOLATIONS OF CHAPTER 12.04 CONSTRUCTION WORK WITHIN PUBLIC WAYS WHEREAS, the Town of Avon ("Town") is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town has broad authority to regulate construction and work performed in the public right-of-ways within the Town of Avon; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Revealed and Reenacted. Section 12.04.040 of the Avon Municipal Code is hereby amended by repealing Section 12.04.040 in its entirety and re-enacting Section 12.04.040 to read as follows: "12.04.040 Violation — penalty. Any person, firm or corporation violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code." Section 3. Codification Amendments. The codifier of the Town'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 Avon Municipal 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. Ord 11-16 Amending 12.04 11.29.2011 mvh Page 1 of 3 Section 5. 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. The Town 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 the Town. Section 6. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town 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. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section S. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Cleric during normal business hours. [Signature Page Follow) Ord 11-16 Amending 12.04 11.29.2011 mvh Page 2 of 3 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for January 10, 2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on D 011. 7 S� p Ric Carroll, Mayor Published by pos g 1n at leas O&W, is places in Town and posting at the office of the Town Clerk at least seve ,prior to %ial tion by the Town Council. ATTEST: � APPROVED AS TO FO a c enny, To rk Eric J. H99 own Attorney INT UCED, LY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on January I0, 2012. Rich Carroll, yor Published by posting by office of the Town Clerk. n �� 3 Ord 11-16 Amending 12.04 11.29.2011 mvh Page 3 of 3 places in Town and posting by title at the MEMORANDUM TO: Honorable Mayor Carroll and Town Council Members CC: Larry Brooks, Town Manager and Eric Hell, Town Attorney FROM: Meredith Van Horn, Assistant Town Attorney RE: Second Reading, Ordinance No. 11-16 Repealing and Reenacting Public Works Violations Provisions DATE: January 6, 2012 Summary: On December 13, 2011 the Town Council passed on first reading Ordinance No. 11-16 AN ORDINANCE AMENDING SECTION 12.04.040 OF THE AVON MUNICIPAL CODE REGARDING VIOLATIONS OF CHAPTER 12.04 CONSTRUCTION WORK WITHIN PUBLIC WAYS. This ordinance updates Avon Municipal Code §12.04.040 to de -criminalize the penalties for violations of the section. Requested Action: Approval on second reading of Ordinance No. 11-16 AN ORDINANCE AMENDING SECTION 12.04.040 OF THE AVON MUNICIPAL CODE REGARDING VIOLATIONS OF CHAPTER 12.04 CONSTRUCTION WORK WITHIN PUBLIC WAYS. Thanks, Meredith Heil Law & Planning, LLC Off ice: 303.993.4608 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E -Mail: meredith@heillaw.com MEMORANDUM & Pldi vin�G iLIc TO: Honorable Mayor Carroll and Town Council Members CC: Larry Brooks, Town Manager and Eric Heil, Town Attorney FROM: Meredith Van Horn, Assistant Town Attorney RE: Ordinance No. 11-16 Repealing and Reenacting Public Works Violations Provisions DATE: December 13, 2011 Summary: As currently written, violations of Avon Municipal Code ("AMC") Chapter 12.04 Construction Work Within Public Ways incur criminal penalties. The violations of other chapters in Title 12, such as Chapter 12.12 Railroad Crossings and Chapter 12.16 Sidewalks, incur only civil penalties. The amendments detailed in Ordinance 11-16 would change the penalty from the criminal penalties in AMC Chapter 1.08 to the civil penalty in AMC Chapter 1.09. Proposed Changes: As currently written AMC Section 12.04.040 reads as follows: "12.04.040 Violation — penalty. Any person, firm or corporation violating any of the provisions of this Chapter shall be deemed guilty of a violation of this Chapter, and, upon conviction of any such violation, such person, firm or corporation shall be punished in accordance with the provisions of Section 1.08.010 of this Code." Ordinance 11-16 repeals Section 12.04.040 and reenacts it with the following language: 12.04.040 Violation — penalty. Any person, firm or corporation violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code." The amendment would de -criminalize the penalty for a violation of the sections of Chapter 12.04 and imposes the same civil penalties as are found in Chapters 12.12 and 12.16 of Title 12. Requested Action: Approval of first reading of Ordinance No. 11-16 AN ORDINANCE AMENDING SECTION 12.04.040 OF THE AVON MUNICIPAL CODE REGARDING VIOLATIONS OF CHAPTER 12.04 CONSTRUCTION WORK WITHIN PUBLIC WAYS. Thanks, Meredith Heil Law do Planning, LLC Office: 303.993.4608 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E -Mail: meredith@heillaw.com TOWN OF AVON, COLORADO ORDINANCE NO. 11-16 SERIES OF 2011 AN ORDINANCE AMENDING SECTION 12.04.040 OF THE AVON MUNICIPAL CODE REGARDING VIOLATIONS OF CHAPTER 12.04 CONSTRUCTION WORK WITHIN PUBLIC WAYS WHEREAS, the Town of Avon ("Town") is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town has broad authority to regulate construction and work performed in the public right-of-ways within the Town of Avon; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repealed and Reenacted. Section 12.04.040 of the Avon Municipal Code is hereby amended by repealing Section 12.04.040 in its entirety and re-enacting Section 12.04.040 to read as follows: "12.04.040 Violation — penalty. Any person, firm or corporation violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code." Section 3. Codification Amendments. The codifier of the Town'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 Avon Municipal 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. Ord 11-16 Amending 12.04 11.29.2011 mvh Page 1 of 3 Section 5. 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. The Town 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 the Town. Section 6. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town 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. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [Signature Page Follow] Ord 11-16 Amending 12.04 11.29.2011 mvh Page 2 of 3 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for January 10, 2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on December 13, 2011. Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric J. Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on January 10, 2012. Rich Carroll, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Ord 11-16 Amending 12.04 11.29.2011 mvh Page 3 of 3