TC Ord. No. 22-05 Amending Section 10.40.030 to Establish the Speed Limit for Off-Highway Vehicles on Wildridge Road as 25 MPHA
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C U I C R A 1) )
ORDINANCE 22-05
AMENDING SECTION 10.40.030 OF THE AVON MUNICIPAL CODE
TO ESTABLISH THE SPEED LIMIT FOR OFF -HIGHWAY
VEHICLES ON WILDRIDGE ROAD AS 25 MILES PER HOUR
WHEREAS, the Town of Avon, Colorado ("Town") is a home rule municipality and political
subdivision of the State of Colorado ("State") organized and existing under a home rule charter
Charter") pursuant to Article XX of the Constitution of the State; and
WHEREAS, § 6 of Art. XX, Colo. Const. authorizes home -rule cities and towns to regulate
traffic speeds; and
WHEREAS, § 42-4-111, C.R.S., does not prevent local authorities from regulating the speed of
vehicles with respect to streets and highways under their jurisdiction and within the reasonable
exercise of the police power; and
WHEREAS, the Town Council of the Town of Avon fmds that a maximum lawful speed of 25
miles per hour while operating an off -highway vehicle is reasonable and prudent; and
WHEREAS, the Town Council of the Town of Avon finds that it is in the best interest of the
Town of Avon to adopt an ordinance codifying a local amendment at Avon Municipal Code §
10.40.030 to increase the maximum lawful speed while operating an Off -Highway Vehicle from
15 miles per hour to 25 miles per hour so that the operation of Off -Highway Vehicles does not
impede the flow of traffic; and
WHEREAS, the Town Council of the Town of Avon finds and declares that the amendment to
Section 10.40.030 as set forth in this Ordinance will promote the health, safety and general
welfare of the Avon community; and
WHEREAS, 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:
Ordinance 22-05 OHV Speed Limits
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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. Amendment to Section 10.40.030. Section 10.40.030 is hereby amended to read
as follows with strike -out indicating language to be deleted and underline indicating language to
be adopted:
town.
10.40.030 — Regulations concerning the operation of off -highway vehicles within the
c) No person shall operate an off -highway vehicle at a speed greater than is
reasonable and prudent under the conditions then existing, and in no event greater than 25
miles per hour.
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. 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,
Ordinance 22-05 OHV Speed Limits
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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 7. Codification of Amendments. The codifier of the Town's Municipal Code,
MuniCode 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 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on April 12, 2022, and setting such public hearing for April 26, 2022, at 5:00 pm, or
as soon thereafter as possible, at the Council Chambers of the Avon Municipal Building, located
at 100 Mikaela Way, Avon, Colorado.
BY: ATTEST:
A i,44t*, ') Wt4 0----QNA
Sar h Smit Hymes, May r Br da Torres, Deputy Town
ADOPTED ON SECOND AND FINAL READING on April 26, 2022.
BY:
i vl '" I M-0
Sarah Smith Hymes, Ma I or
APPROVED AS TO FORM:
5r1 J. Ha , To Attorney
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ATTEST:
Torres, Deputy Town
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