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TC Ord. No. 21-08 Adopting 2020 Model Traffic Code by Reference and Repealing and Reenacting Sections of Title 10 of Municipal CodeAvon COLORADO TOWN OF AVON, COLORADO ORDINANCE NO. 21-08 AN ORDINANCE ADOPTING THE 2020 MODEL TRAFFIC CODE BY REFERENCE AND REPEALING AND REENACTING SECTIONS OF TITLE 10 OF THE AVON MUNICIPAL CODE WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality and political subdivision of the State of Colorado (the "State") organized and existing under a home rule charter (the "Charter") pursuant to Article XX of the Constitution of the State; and WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon ("Town"), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, the Town Council finds that the adoption of the 2020 Model Traffic Code will improve the standards for road safety and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, pursuant to Avon Town Charter §6.9 and Title 31, Article 16, Parts 1 and 2, Colorado Revised Statutes, the Town Council may adopt by reference any statute, rule, regulation, model code, or standard that is promulgated by the federal government, the State of Colorado, an agency of either the federal government or the State, or another municipality; and WHEREAS, Section 110 of the 2020 Model Traffic Code states that Town Council may enact, adopt and enforce traffic regulations which address the same subject matter as the various sections of the Model Traffic Code, state law or additional regulations included in C.R.S. §42-4-111; and WHEREAS, the Town Council desires to adopt by reference the 2020 Model Traffic Code for Colorado, also referred to as Model Traffic Code or 2020 Model Traffic Code, with certain amendments as described in this Ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing 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 this ordinance; Ord. 21-08 Adopting 2020 MTC [6/22/211 Page I of 12 WHEREAS, the Town Council conducted a public hearing on June 8, 2021, after properly posting notice of such hearing, and considered all public comments and other information presented prior to taking any final action to adopt this ordinance. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 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. 2010 Edition of Model Traffic Code Repealed. The 2010 edition of the Model Traffic Code is hereby repealed. Section 3. 2020 Edition of Model Traffic Code Adopted by Reference. The 2020 edition of the Model Traffic Code is hereby adopted by reference. All amendments to the Model Traffic Code as set forth in Article III Amendments of Chapter 10.04 are hereby readopted as amendments to the 2020 Model Traffic Code except as provided in this Ordinance. Section 4. Repealed and Reenacted. Avon Municipal Code Section 10.04.010(a) is hereby repealed and reenacted in its entirety to read as follows: "10.04.010 Adoption --Copies on File. (a) Pursuant to § 6.9 of Chapter 6 of the Town Charter and C.R.S. Title 31, Article 16, Parts 1 and 2, as amended, there is adopted by reference Articles I and II, inclusive, and with deletions and additions noted below the 2020 edition of the Model Traffic Code for Colorado Municipalities, promulgated by and published as such by the Colorado Department of Transportation, 4201 East Arkansas Ave., Denver, CO 80222, which shall be referred to as the Model Traffic Code or MTC in this Chapter 10.04. 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. Any conflict between the MTC and local regulation shall be resolved in favor of the local regulation as may be permitted by law." Section 5. Amended. Avon Municipal Code Section 10.04.040 is hereby repealed and reenacted in its entirety to read as follows: "10.04.040 — Violation — penalties. The following penalties shall apply to this Title: Ord. 21-08 Adopting 2020 MTC 16/22/211 Page 2 of 12 (1) It is unlawful for any person to violate any provision adopted in this Title. (2) Any person violating any provision of this Title may be found guilty of committing a traffic offense or traffic infraction and sentenced by the Municipal Court as set out below. (a) Traffic offenses shall be punished in accordance with the provisions of Section 1.08.010 of this Code, including the possibility of jail. Such offenses shall be deemed misdemeanors and may be tried by a jury. Traffic offenses are the following: traffic violations resulting in an accident causing personal injury, death, or appreciable damage to the property of another; reckless driving; driving 25 mph or more over the speed limit; exhibition of speed or speed contest; eluding or attempting to elude a police officer; disobeying a police officer or fire department member; driving without insurance; failure to stop for school bus with flashing lights; school bus failing to use flashing lights; and use of altered or fictious driving license. (b) Traffic infractions shall be punished by a fine only. Any violation of this Title other than a traffic offense shall constitute a traffic infraction. The Municipal Court shall order a schedule of fines for traffic infractions consistent with this Title. The Municipal Court is further authorized to order individualized fines consistent with this Title for any unscheduled traffic infraction. (c) References in the 2020 Model Traffic Code purporting to penalize traffic offenses and traffic infractions on the basis of different classes are hereby repealed. There shall be a single class of traffic offense and a single class of traffic infraction. (3) Penalties for violations for which points may not be assessed pursuant to Section 42- 2-127, C.R.S., shall be not less than $40.00. Penalties for violations for which points may be assessed pursuant to Section 42-2-127, C.R.S., shall be as follows: (a) Three or fewer points — not less than $50.00 (b) Four or five points — not less than $100.00 (c) More than five points — not less than $150.00 (4) References in the 2020 Model Traffic Code purporting to characterize traffic violations as misdemeanor or petty offenses are hereby repealed. Misdemeanor characterizations shall be governed solely by AMC 10.04.040(2)(a). (5) The Municipal Court reserves the authority to order a schedule of fines in accordance with Colorado Municipal Court Rules of Procedure Rule 210(b)(5), provided that such schedule of fines is not inconsistent with any specific fine set forth in Chapter 10.06. (6) All fines for violations of this Title shall be paid to the Town, unless otherwise specified in this Code. Ord. 21-08 Adopting 2020 MTC [6/22/211 Page 3 of 12 Section 6. Repealed. Avon Municipal Code Sections 10.04.060, 10.04.070, 10.04.080, 10.04.090, 10.04.100, 10.04.110, 10.04.120, 10.04.130, 10.04.140, 10.04.150, 10.04.160, 10.04.170, and 10.04.180 are hereby repealed in their entirety. Section 7. Enacted. Avon Municipal Code Sections 10.04.060 through 10.04.170 are hereby enacted to read as follows: "10.04.060 MTC Section 107.5 enacted — obedience to members of fire department. Section 107.5 of the Model Traffic Code is hereby enacted to read as follows: "Section 107.5. Obedience to members of the fire department. Members of the fire department, when at the scene of a fire, accident or matter involving the use of firefighting equipment, may direct, or assist the police in directing, traffic in the immediate vicinity. No person shall willfully fail or refuse to obey a lawful order or direction of a member of the fire department so acting." 10.04.070 - Section 706(1) amended — obedience to railroad signal. Section 706(1) of the Model Traffic Code is amended in its entirety to read as follows: "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; or (d) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing." 10.04.080 - MTC Section 712(3) amended — Driving in highway work area. Section 712(3) of the Model Traffic Code is amended in its entirety to read as follows: "Section 712. Driving in highway work area. Ord. 21-08 Adopting 2020 MTC [6/22/21] Page 4 of 12 (3) Local road authorities, within their respective jurisdictions and in cooperation with law enforcement agencies, may train and appoint adult civilian personnel for special traffic duty as highway flaggers within any highway maintenance or construction work area. Whenever such duly authorized flaggers are wearing the badge, insignia, or uniform of their office, are engaged in the performance of their respective dues, and are displaying any official hand signal device of a type and in the manner prescribed in the adopted state traffic control manual or supplement thereto for signaling traffic in such areas to stop or to proceed, no person shall willfully fail or refuse to obey the visible instructions or signals so displayed by such flaggers. Any alleged willful failure or refusal of a driver to comply with such instructions or signals, including information as to the identity of the driver and the license plate number of the vehicle alleged to have been so driven in violation, shall be reported by the work area supervisor in charge at the location to the district attorney for appropriate penalizing action in a court of competent jurisdiction. Any person who violates any provision of this section commits a traffic infraction." 10.04.090 - MTC Section 1214 enacted — Parking on private property. Section 1214 of the Model Traffic Code is hereby enacted to read as follows: "1214. 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 within 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. 21- 08. 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. The Chief of Police may approve signs which combine the requirements of this section with the requirements of Section 5.12.100(4) concerning the booting or towing of unauthorized vehicles. (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 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." 10.04.110 - MTC Section 1417 enacted —School Safety Sensitive Zones — increase of penalties for moving traffic violations. Ord. 21-08 Adopting 2020 MTC [6/22/211 Page 5 of 12 Section 1417 of the Model Traffic Code is hereby enacted to read as follows: "1417. School zones— increase of penalties for moving traffic violations. (1) Any person who commits a moving traffic violation in a school zone is subject to double penalties and surcharges. (2) For purposes of this section, `school zone' means an area that is designated as a school zone and has appropriate signs posted indicating that the penalties and surcharges will be doubled. The state or local government having jurisdiction over the placement of traffic signs and traffic control devices in the school zone area shall designate when the area will be deemed a school zone for the purposes of this section. In making such designation, the state or local government shall consider when increased penalties are necessary to protect the safety of school children. Such zones shall be designated Safety Sensitive." 10.04.120 - MTC Section 1418 enacted— Residential Area Safety Sensitive Zones — increase of penalties for moving traffic violations. Section 1418 of the Model Traffic Code is hereby enacted to read as follows: "1418. Residential Area Safety Sensitive Zones — increase of penalties for moving traffic violations. (1) Any person who commits a moving traffic violation in a Residential Area Safety Sensitive Zone area as defined herein is subject to double penalties and surcharges. (2) For purposes of this section, the following are designated `residential area safety sensitive zones' and will be marked with appropriate signage: Wildridge Subdivision; Wildwood Subdivision; on Hurd Lane east of Avon Road; on Stonebridge Drive; on Eaglebend Drive; on West Beaver Creek Boulevard, from Highway 6 to Lake Street; on Swift Gulch Road, from the 800 block to the 1270 block; on East Beaver Creek Blvd, from Post Blvd to the 4000 block; and on Nottingham Road, from Buck Creek Rd to the 730 block." 10.04.130 - MTC Section 1419 enacted — Driving on Public Park. Section 1419 of the Model Traffic Code is hereby enacted to read as follows: "1419. Driving on public park. No person shall drive or cause to be driven any vehicle on any portion of a public park or other public property other than established roadways specifically provided for public driving, unless specifically authorized so to do by a traffic control officer." 10.04.140 - MTC Sections 1701, 1705, and 1707 deleted Ord. 21-08 Adopting 2020 MTC [6/22/21 [ Page 6 of 12 Sections 1701, 1705, and 1707 of the Model Traffic Code are inapplicable to municipalities and are each hereby deleted in its entirety. 10.04.150 - MTC Section 1709 Amended — Penalty assessment notice for traffic offenses. Section 1709 of the Model Traffic Code is amended by enactment of the following language: "(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 201h day following the date of citation, 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 42-2-127, C.R.S., the points are reduced by two (2) points; (b) For a violation having the assessment of two (2) points under Section 42-2-127, C.R.S., the points are reduced by one (1) point. (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), C.R.S." 10.04.160 - MTC Section 1801 Amended — Authority to impound vehicles. Section 1801 of the Model Traffic Code is hereby amended to read in its entirety as follows: "Section 1801. 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 seq., 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, shall 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. Ord. 21-08 Adopting 2020 MTC [6/22/211 Page 7 of 12 (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 subsection (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. (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 within 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 mail 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). (i) 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 statement of the amount due to the Town for removal of and storage of the vehicle showing the amount due at the time of notice; (2) A description of the vehicle. (3) A demand that the amount due the Town, as 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 mentioned, being not less than ten days Ord. 21-08 Adopting 2020 MTC [6/22/211 Page 8 of 12 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. 0) 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 persons 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 18010), 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 proceeds into the treasury. A claim or refund shall be made to the town manager, who 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 Ord. 21-08 Adopting 2020 MTC [6/22/211 Page 9 of 12 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 to the quality of title to any vehicle." 10.04.170 - MTC Section 1903 amended — school bus violations — increase of penalties for traffic violations. Section 1903 of the Model Traffic Code is amended by enactment of the following language: "1903(6)(c). Any person who violates the provisions of paragraph (a) of subsection (1) of this section is subject to doubled penalties and surcharges." Section 8. 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 9. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 10. 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 11. 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. Section 12. 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 Ord. 21-08 Adopting 2020 MTC [6/22/21 ] Page 10 of 12 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 13. Publication. 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 and a statement that a complete copies of the 2020 Model Traffic Code adopted by reference are available for inspection for public inspection in the office of the Town Clerk during normal business hours and which notice shall contain the penalty clauses in full. [SIGNATURE PAGE FOLLOWS] Ord. 21-08 Adopting 2020 MTC [6/22/21] Page 11 of 12 INTRODUCED AND ADOPTED ON SECOND READING AND REFERRED TO PUBLIC HEARING on June 8, 2021 and setting such public hearing for June 22, 2021 at the Council Chambers of the Avon Municipal Building, located at 100 Mikaela Way, Avon,(�plorado. ATTEST: OF A�p� r rah Smi h Hymes, ay Brenda Torres, Town Cle ADOPTED ON SECOND AND FINAL READING on June 22, 2021 Y: ATTEST: N �OFq�O� arah Smith Hymes, Ma r Brenda Torres, Town Clerk E A L APPROVED AS TO FORM Wisor, Town Attorney Ord. 21-08 Adopting 2020 MTC [6/22/211 Page 12 of 12 4201 E Arkansas Avenue, 3rd Floor, Denver, Colorado 80222 P 303.757.9654 F 303.757.9219 www.coloradodot.info June 20, 2016 Traffic Safety and Engineering Services 2829 W Howard Pl Denver, Colorado 80204 (303) 757-9654 Voice (303) 757-9219 Fax June 30, 2021 City of Avon Elizabeth Pierce-Durance, Esq. 30 Benchmark Road, Ste. 207 P.O. Box 4154 Avon, CO 81620 Dear Ms. Pierce-Durance, We are in receipt of your submittal of Ordinance Number 21-08, “An ordinance adopting the 2020 Model Traffic Code by reference and repealing and reenacting sections of Title 10 of the Avon Municipal Code”, in an email dated June 29, 2021 for Colorado Department of Transportation (CDOT) approval. In accordance with §42-4-110(1)(e) and §43-2-135(1)(g), C.R.S., CDOT hereby approves the proposed Ordinance insofar as such traffic regulation pertains to streets and highways within the Town which are part of the State Highway System. If you have any concerns, please contact Ted Spaid on my staff at (303) 512-5108 or by email at Ted.spaid@state.co.us Sincerely, San Lee, P.E. State Traffic Engineer Traffic Safety and Engineering Services Colorado Department of Transportation San Lee Digitally signed by San Lee Date: 2021.07.01 09:49:59 -06'00'