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TC Ord. No. 23-05 Amending Title 10 of the Avon Municipal Code to Establish Parking Fee RegulationsA Avon C O L OR A 00 ORDINANCE NO.23-05 AMENDING TITLE 10 OF THE AVON MUNICIPAL CODE TO ESTABLISH PARKING FEE REGULATIONS 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 ("Avon"), the Avon Town Council ("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, pursuant to C.R.S. §43-2-135 and the Avon's home rule authority, Avon is authorized to regulate the use of streets; and WHEREAS, Council finds and determines it is in the best interest of the Avon to adopt this Ordinance amending Title 10 of the Municipal Code of the Town to promote the public health, safety, prosperity, security, and general welfare of the Town's inhabitants; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that Council desires to comply with the requirement of Section 6.5(d) of the 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 Council, or any member of the 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 Council. Section 2. Amendment to Chapter 10.10. Chapter 10.10 is hereby amended as set forth on Exhibit A: AMENDING TITLE 10 OF THE AVON MUNICIPAL CODE, and attached hereto, with strike -out indicating language to be deleted and underline indicating language to be adopted: 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. 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 Ord 23-05 Amending Vehicles and Traffic Page 1 of 4 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 Avon. 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. Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power 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. Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existine 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 7. Codification of Amendments. The codifier of the Avon'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 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Ord 23-05 Amending Vehicles and Traffic Page 2 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on September 26, 2023, and setting such public hearing for October 10, 2023, at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. --<!� 14 OFq�02 ATTEST—, _ Miguel Jaureg asanueva, T Cler j' ADOPTED ON SECOND AND FINAL READING by the Avon Town Council 2023. A Miguel Jauregfui fCasanueva, �pr1 N OFq� O,y ���ORADO� Ord 23-05 Amending Vehicles and Traffic Page 3 of 4 EXHIBIT A: AMENDING TITLE 10 OF THE AVON MUNICIPAL CODE Indicates language that is deleted, Underline indicates language that is added and enacted. CHAPTER 10.06 Fines for Violations CHAPTER 10.10 General Parking Regulations CHAPTER 10.06 - Fines for Violations 10.06.010 - Schedule of fines. (a) The fines listed in the following schedule are the minimum fines that may be imposed for violations of the Sections of this Code or the adopted Model Traffic Code for Colorado Municipalities listed therein. Any vehicle parked in violation of a Town ordinance or other provision of this Code other than those in the following schedule shall cause the person or persons liable for the violation to be assessed a minimum fine of fifteen detlaFS($15.0 Mhirty-five ($35,00). (b) (b)Schedule of fines if paid by tweRty{20) on or before forty-five (45) days after the date of issuance of the citation: Code Description Sanction 10.04.090 Unlawful parking on private parking lots; violation of posted signs (anywhere in Town) $ 35.00 10.08.020 Unlawful parking in restricted -use area (anywhere in Town) $ 35.00 10.10.050 Parking without Paving Parking Fee $35.00 10.10.060 Double parking $ 35.00 10.12.060 Emergency lane parking (anywhere in Town) $ 35.00 MTC 1202 or 10.14.010 Parking on the main -traveled portion of the roadway $35.00 $ 1 /r',,.....,...eFGi-,I G C $45-A9 MTC 1204 Stopping, standing or parking prohibited in specified places 35.00 c, c MTC 1205 Where permitted, parking with right-hand wheels in excess of 12 inches from curb $35.00 C MTC 1208 or 10.16.010 Diissabled parking (anywhere in Town) $100.00 Exhibit A: Amending Title 10 of the Avon Municipal Code Page 1 of 3 10.06.020 - Automatic fine increase. The amount of a fine set forth in Subsection 10.06.10(b) above shall automatically increase by thirty five fifty ($50.00) if not paid by twre"+forty-five (45) days after the date of the issuance of the citation. The date of payment for this Section shall be the date the payment is delivered to the Municipal Court or, if mailed, the date the payment is postmarked if properly addressed to the Municipal Court. 10.06.030 - Default judgment; fee. If the fine has not been paid by s')d forty-five (45) days after the date of the issuance of the citation and the defendant has not requested a court hearing on the citation, a default judgment shall be automatically entered, . The date of payment for this Section shall be the date that payment is actually received by the Municipal Court. The default judgment amount includes the thirty-five dollar ($35.00) parking fine plus the fifty dollar ($50.00) increased fine amount. Avon may ser4collect this amount plus costs of collection and an administrative fee tethrough a collection agency. CHAPTER 10.10 - General Parking Regulations 10.10.010 - Parking violation notice; issuance. (a) A copy of the citation for unlawful parking need not be personally served upon the owner or operator of the vehicle but may be served by attaching a copy of such notice or citation to the vehicle. Citations may be issued by police officers, police code enforcement officers, a municipally hired police parking monitor or authorized private contractor approved by the Chief of Police. (b)The citation shall include: (1) The date, time and location of the violation;(2) The state license number of the vehicle unlawfully parked; (3) Reference to the Town ordinance or Code provision violated; and (4)A notice that: a. Within twenty (20) calendar days after the date that the citation is issued, the stated fine for the violation must be paid and received by the Town; b. The fine amount shall automatically increase in accordance with Section 10.06.020 after twenty (20) calendar days; and c. A request made for a hearing to contest the alleged violation must be made and received by the Town by thirty (30) days after the date of the citation.(c)The citation, or copy thereof, shall constitute prima facie evidence of the parking infraction.(d)The Town may contract with a private person or entity for the collection of civil judgments in parking cases, 10.10.050 - Paid Parking Regulations (a) The Town Manager has administrative authority to establish paid parking regulations on any Town property and Town rights -of -way, including the authority to set hours for complimentary, free parking; set the parking fee rate per hour and by fixed rate; and establish times when parking is prohibited. b) Notice of parking fee rates and pavment instructions shall be provided by a visible sian within 75 feet of the parking stall. (c) The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of this Code or official signs or parking legends prohibiting or limiting the stopping, standing, or parking of vehicles in specified places at specified times or in a specified manner. (d) The Avon Police Department has authority to monitor, administer and enforce these paid parking regulations, including the authority to appoint an independent contractor to serve as a parking enforcement officer for the Town pursuant to a written contract, which contract shall set forth the general duties, responsibilities, and requirements of the parking enforcement officer. Members of an independent contractor shall not be considered employees of the Town. The parking enforcement officer shall have the authority to enforce the provisions of this Section, to issue penalty assessment notices, and to collect fines in accordance with generally accepted lawful collection procedures. Such penalty assessment notices may be appealed to the Avon Municipal Court in accordance with that certain edition of the Model Traffic Code for Colorado as is currently adopted and enforced by the Town. (e) The following methods of service shall be deemed to provide a defendant with full and adequate notice of the contents of a penalty assessment for a violation of this Section, including, but not limited to, the date by which the defendant must pay the penalty stated in the assessment or appear in Municipal Court: (1) Any method of service permitted under that certain edition of the Model Traffic Code for Colorado as is currently adopted by and enforced within the Town; or (2) Placement or affixing of the penalty assessment on the vehicle alleged to be in violation of this Section. (f) Failure to pay for parking in accordance with established and posted paid parking regulations excess is subject to a parking fine as stated in 10.06.010. An Avon Police G fGef-ef-Code Enforcement 90fficer or Parking Enforcement Officer will place the violation citation on the vehicle. The citation will include instructions regarding the method and manner of paving the citation.