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TC Ord. No. 21-07 Adopting New Chapter 10.40, Off-Highway VehiclesA Avon COI ORADO ORDINANCE NO.21-07 AN ORDINANCE PROVIDING FOR THE ADOPTION OF A NEW CHAPTER 10.40, OFF -HIGHWAY VEHICLES WHEREAS, the Town of Avon ("Avon") is a home rule municipality duly organized and existing under Articles XX of the Colorado Constitution, the Colorado Revised Statutes ("C.R.S."), and the Town's Home Rule Charter; and, WHEREAS, Title 10 of the Avon Municipal Code relates to vehicles and traffic; and, WHEREAS, pursuant to Article 14.5 of Title 33 of the C.R.S., Avon, by ordinance, may regulate the operation of off -highway vehicles on streets and roads within its boundaries; and, WHEREAS, the Town has heard and considered extensive public comment regarding the regulation of off -highway vehicles in Avon; and, WHEREAS, the Town desires to provide a designated route of travel for operators of off - highway vehicles to access certain recreation areas via Town streets and roads, and specifically for access to U.S. Forest Service Road 7-779 and 717.1B; and, WHEREAS, the Town Council finds that the regulation of off -highway vehicles within the Town of Avon boundaries will promote the health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence 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, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. 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. Addition of Chapter 10.40 to Title 10 of the Avon Municipal Code. Chapter 10.40, "Off -highway vehicle" is added to Title 10, "Vehicles and Traffic," of the Avon Municipal Code to read as set forth in Exhibit A: Addition of Chapter 10.40 to Title 10 of the Avon Municipal Code, attached hereto. Ord 21-07 Off -highway vehicles Page 1 of 3 Section 3. 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 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. 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 6. Codification of 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 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord 21-07 Off -highway vehicles Page 2 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on May 11, 2021 and setting such public hearing for May 25, 2021 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. Sarah Smith Hymes, Mayon ATTEST: Brenda Torres, Town ADOPTED ON SECOND AND FINAL READING on May 25, 2021. BY: Sarah Smith Hymes, May r APPRO ED TO FORM: Andrea Bryan, Assistant Town Attorney Ord 21-07 Off -highway vehicles Page 3 of 3 ATTEST: Brenda Torres, Town Clerk N OF ;SEAS,': EXHIBIT A: ADDITION OF CHAPTER 10.40 TO TITLE 10 OF THE AVON MUNICIPAL CODE CHAPTER 10.40 Off -Highway Vehicles 10.40.010 - Definitions. The following words, terms and phrases, when used in this chapter 10.40, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Off -highway vehicle means any self-propelled vehicle which is designed to travel on wheels in contact with the ground, which is designed primarily for use off of the public highways, and which is generally and commonly used to transport persons for recreational purposes. Except as described in subsection (c) of this section, "off -highway vehicle" includes surplus military vehicles as defined in section 42-6-102, C.R.S. "Off -highway vehicle" does not include the following: (a) Vehicles designed and used primarily for travel on, over, or in the water; (b) Snowmobiles as defined in section 33-14-101, C.R.S; (c) A surplus military vehicle, as defined in section 42-6-102 (20.5), C.R.S., that is owned or leased by a municipality, county, or fire protection district, as defined in section 32- 1-103(7), for the purpose of assisting with firefighting efforts, including mitigating the risk of wildfires. (d) Golf carts; (e) Vehicles designed and used to carry individuals with disabilities (f) Vehicles designed and used specifically for agricultural, logging, or mining purposes; (g) Vehicles registered pursuant to Article 3 of Title 42, C.R.S.; (h) Self -balancing motorized personal vehicles, including but not limited to hoverboards, kickscooters, e-scooters, self -balancing scooters, and self -balancing transporters; (i) Electrical -assisted bicycles as defined in the "Definitions" appendix of the Colorado Model Traffic Code for Colorado Municipalities as adopted by reference by the Town; or (j) Ride -on lawn mowers. Off -highway vehicle route means any road, trail, or other public way owned or managed by the Town and designated for off -highway vehicle travel pursuant to this chapter. Operator means any person having physical custody of or using an off -highway vehicle. Owner means any person, other than a lienholder, having a property interest in an off -highway vehicle and entitled to the use and possession thereof. 10.40.020 - Off -highway vehicle routes designated. In accordance with C.R.S. § 33-14.5-108, the following streets, roads, and alleys located within the Town are hereby designated as limited off -highway vehicle routes. Off -highway vehicles shall be permitted on such routes for the limited purpose of traveling to or from the owner's or operator's residence or place of storage directly to U.S. Forest Service Road 7-779 and June Creek Trail/U.S. Forest Service Road 717.113, provided that the U.S. Forest Service authorizes off -highway vehicles to travel on Road 7-779 and Roads and 717.1 B: (a) All Town roads and streets within Blocks 1 through 4 of the Wildridge Subdivision, beginning at the point 500 feet South of the intersection of Wildridge Road and Old Trail Road. A map of all Town roads and streets designated as limited off -highway vehicle routes shall be made available to the public on the Town of Avon website and at the Town of Avon Police Department. 10.40.030 - Regulations concerning the operation of off -highway vehicles within the town. No off -highway vehicle shall be operated on any off -highway vehicle route within the Town except in accordance with the following. This chapter shall not apply to use of off -highway vehicles during applicable emergency conditions declared by the Town or proper State authority, or to off -highway vehicles used solely on private property. (a) Every off -highway vehicle shall be currently registered with the State Division of Parks and Wildlife. (b) Every off -highway vehicle shall be covered by either an insurance policy complying with the State's requirements for motor vehicles or a certificate of self-insurance in full force and effect which complies with the State's requirements for motor vehicles. When an accident occurs, or when requested to do so following any lawful traffic contact, or during an investigation by a peace officer, no owner or operator of an off -highway vehicle shall fail to present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law. (c) No person shall operate an off -highway vehicle at a speed greater than is reasonable and prudent under the conditions than -existing, and in no event greater than 15 miles per hour. (d) Any person who drives an off -highway vehicle in such a manner as to indicate either a wanton or willful disregard for the safety of persons or property shall be deemed guilty of reckless operation of an off -highway vehicle, which may, at officer discretion, be charged as reckless driving pursuant to section 42-4-1401, C.R.S. (e) Any person who operates an off -highway vehicle in a careless and imprudent manner without due regard for the width, grade, curves, corners, traffic, pedestrians and use of the streets, and all other attendant circumstances, shall be deemed guilty of careless operation of an off -highway vehicle. (f) A person operating an off -highway vehicle shall observe all official traffic control devices, including signs and signals, as set forth in the Model Traffic Code for Colorado Municipalities, as adopted by reference by the Town. (g) No off -highway vehicle shall be operated between the hours of sunset and sunrise unless such off -highway vehicle is equipped with at least one lighted headlamp and one lighted tail lamp, each having at least the minimum candlepower prescribed by the regulations of the State. (h) No off -highway vehicle shall be operated unless such off -highway vehicle is equipped with brakes and a muffler and spark arrester which conform to the standards prescribed by the regulations of the State. (i) No person shall operate an off -highway vehicle unless such person has a current valid driver's license and is at least 16 years of age, unless supervised by an adult traveling on a separate off -highway vehicle who is riding immediately next to, in front of, or behind the minor operator. In no event shall any person younger than 10 years of age be permitted to operate an off -highway vehicle on Town streets or roads. (j) Any operator of an off -highway vehicle that is under the age of 18 years shall wear a safety helmet. (k) An off -highway vehicle shall not carry more people than such vehicle is designed to carry. (1) An off -highway vehicle shall not tow objects or people behind such vehicle. (m) No off -highway vehicle shall be operated on sidewalks, shoulders, designated pedestrian, or bicycle lanes within the Town. (n) Operators of off -highway vehicles shall use proper hand signals to warn other drivers of their intentions such as to turn or stop. (o) Operators of off -highway vehicles shall wear proper eye protection. 10.40.040 - Penalties. It shall be unlawful for any person to operate an off -highway vehicle outside of the off - highway vehicle route or to violate any provision or fail to comply with any of the requirements of this Chapter 10.40. Any person who violates any of the provisions of Sections 10.40.020 and 10.40.030 commits a municipal offense punishable in accordance with the provisions of Section 1.08.010 of this Code. The Municipal Judge is hereby authorized to promulgate a fine schedule for violations of this Chapter in accordance with Rule 210(b)(5) of the Colorado Municipal Court Rules of Procedure.