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TC Ord. No. 1979-23w ORDINANCE NO. 23 SERIES OF 1979 N AN ORDINANCE REGULATING THE OPERATION OF MOTORIZED VEHICLES WITHIN THE TOWN OF AVON; SETTING OUT DEFINITIONS OF TERMS USED HEREIN; SPECIFYING PROHIBITED ACTS HEREUNDER AND SETTING OUT THE PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR DEFENSES INVOLVING PRIOR PERMISSION OR THE PERFORMANCE OF CERTAIN AUTHORIZED ACTS AND SETTING OUT ADDITIONAL DETAILS IN RELATION THERETO. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL FOR THE TOWN OF AVON, COLORADO, THAT: -1- w w Section 1. Definitions. (A) "Restricted Use Area" shall mean all land and property, however owned, for which persons cited under the terms and provisions of this ordinance have not received permission from the owner or agent for the owner of said pro- perty, to engage in the act or acts for which said person was cited, and such permission, in order to constitute a defense to said citation, must have been given prior to the date on which such property owner or agent complained of such acts. Further, all property belonging to the Town of Avon shall also be considered "Restricted Use Area" and all land zoned OLD, PRM, SPG OR GPEH according to the Official zone District Map of The Town of Avon, regardless of ownership, shall be considered "Restricted Use Area". Roads, streets, alleys, highways, parking lots and parking structures, regardless of ownership, shall not be considered "Restricted Use Area". (B) "Motorized Vehicle" shall mean any device, which by means of any motor or engine, whether assisted by human effort or not, operates or is capable of being operated in such a manner as to propel itself and/or its operator across or upon land, water, ice or snow, and includes, but is not limited to: all trucks, vans, auto- mobiles, cars, dune buggies, motorcycles, motor- scooters, mopeds, snowmobiles, boats, jet-skis, airboats or hydrofoils. Section 2. Prohibited Acts No person shall park, drive, pilot or in any manner operate any Motorized Vehicle, as -2- N w defined in Section 1 of this Ordinance, upon or across any Restricted Use Area within The Town of Avon. Neither shall any person be a passenger upon, on or in any motorized vehicle or upon, on or in any conveyance parked, drawn, pulled, pushed or otherwise propelled by any Motorized Vehicle within The Town of Avon. Section 3. Exemptions - Maintenance - Construc- tion - Snow Removal - Mowing. The provisions of this Ordinance shall not apply to an operator or passenger of a Motorized Vehicle when such vehicle is operated in connec- tion with any activity involving maintenance, construction, snow removal or mowing, provided that such activity was authorized by the owner or agent for the owner of such Restricted Use Area: Section 4. Complaint by Property Owner or Agent - Affidavit. If the owner or agent for the owner of any land or property classified hereunder as Restricted Use Area wishes to complain of the acts of an- other in violation of the terms and conditions of this Ordinance, he shall so indicate by filling out and swearing or affirming to an Affidavit such as is set out below, when so requested by any member of the Avon Police Department. Such Affidavit shall be sworn to and signed in the presence of the Avon Town Clerk. -3- M N STATE OF COLORADO ) AFFIDAVIT PURSUANT COUNTY OF EAGLE ) SS TO ORDINPNCE NO. 23, TOWN OF AVON ) SERIES OF 1979. I, , a property owner or agent for a property owner within the Town of Avon, having been sworn upon oath hereby depose and state: 1. That I am the owner of or an agent for the owner of property located at within the Town of Avon, Eagle County, Colorado. 2. That pursuant to the terms of The Town of Avon Municipal Code, Ordinance No. 23, Series of 1979, I agree to have this Affidavit considered and treated as a formal Complaint, and I further agree to appear when and where requested by the Town Attorney for The Town of Avon, or his designee, for the purpose of giving testimony concerning a person who has been identified to me as 3. That the person identified to me as was observed by me operating, or as a pas- senger in or upon, a Motorized Vehicle upon property located at , Town of Avon, Eagle County, Colorado. 4. That I have given no permission whatsoever to the person identified to me as to enter, remain or trespass upon the said property, nor -4- C~ 0 has any other owner or agent of an owner of said property given any such similar permission. FURTHER affiant sayeth not. Dated this day of , 19 Signature of Affiant Address, including P.O. Box Phone number Subscribed and sworn to before me this day of , 19 , by Town Clerk, Town of Avon Section 5. Complaint by Citizen - Affidavit. If any person wishes to complain of the acts of another in violation of the terms and conditions of this ordinance, he shall so in- dicate by filling out and swearing to an,; Affidavit such as is set out below, when so requested by any member of the Avon Police Department. Such Affidavit shall be sworn to and signed in the presence of the Avon Town Clerk. -5- STATE OF COLORADO ) AFFIDAVIT PURSUANT COUNTY OF EAGLE ) SS TO ORDINANCE NO. 231 TOWN OF AVON ) SERIES OF 1979 upon oath deposes and states: having been sworn, 1. That pursuant to the terms of The Town of Avon Municipal Code, Ordinance No. 23, Series of 1979, I agree to have this Affidavit considered and treated as a formal Complaint, and I further agree to appear when and where requested by the Town Attorney for The Town of Avon, or his designee, for the purpose of giving testimony concerning a person who has been identified to me as 2. That the person identified to me as was observed by me operating, or as a passenger in or upon, a motorized Vehicle upon property located at Town of Avon, Eagle County, Colorado. FURTHER Affiant sayeth not. Dated this day of 19 Signature of Affiant Address, including P.O. Box Phone number 11 -6- Subscribed and sworn to before me this day of 19 Town Clerk, Town of Avon Section 6. Defenses - Prior Permission. It shall be a complete defense to any charge of a violation of this Ordinance that the person cited hereunder had obtained per- mission to engage in the act for which he was cited and that the permission was given by the owner or agent for the owner of the land upon which the act was alleged to have occurred. Such permission must have been given prior to the date on which such property owner or agent complained of such acts. Section 7. Notice - Posting Not Required - Presumption. It shall not be required in order to sus- tain a conviction for a violation of this Ordinance that the Restricted Use Area be posted in any manner whatsoever, nor need such area be identified in any manner. In all prosecutions hereunder it shall be pre- sumed that any person so cited had knowledge that any land or property not belonging to such person was, in fact, a Restricted Use Area. -7- Section 8. Penalties. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed three hundred dollars. Section 9. Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining por- tions of this Ordinance; and the Town Council hereby declares that it would have passed this ordinance, and each part, section, subsection, sentence, clause, or phrase thereof, regardless of the fact that any one or more parts, sections, sentences, clauses or phrases be declared in- valid. INTRODUCED, READ AND APPROVED AT THE FIRST READING, AND ORDERED PUBLISHED ONCE IN FULL THIS ~3,14eDAY OF 1979, AND A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT THE REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, ON THE 13 DAY OF~'/ ozwr~ ?.tl , 1979, AT 7:30 P.M. IN THE COUNCIL CHAMBERS AT THE TOWN OFFICES. A ge o V. Alpi, Ma or ATTEST: Patricia J. Do e, Town Clerk - 0 • INTRODUCED, READ AND APPROVED ON SECOND READING, AND ORDERED PUBLISHED THIS /AY Or'1979. ATTEST: Patricia J. Do e, Town Clerk -9- M ~ STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN OF A public hearing before the Town Council of the Town of Avon, Colcrado, at 7:30 P.M. on the 13th day of November,-1979 at-the Town-Hall for the_-purpose of considering the adoption of ORDINANCE NO. 23, Series of 1979: AN ORDINANCE REGULATING THE OPERATION OF MOTORIZED VEHICLES WITHIN THE TOWN OF AVON; SETTING OUT DEFINITIONS OF TERMS USED HEREIN; SPECIFYING PROHIBITED ACTS HEREUNDER AND SETTING OUT THE PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR DEFENSES INVOLVING PRIOR PERMISSION OR THE PERFORMANCE OF CERTAIN AUTHORIZED ACTS AND SETTING OUT ADDITIONAL DETAILS IN RELATION THERETO. A copy of said ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice given and published by order of the Town Council of the Town of Avon, Colorado. Dated this 23rd day of October, 1979. TOWN OF AVON, COLORADO By: Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON November 6, 1979. THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, (AVON POST OFFICE) THE MAIN ENTRANCE OF EAGLE VALLEY BOWL THE PESTER GAS STATION; AND THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER