TC Ord. No. 1980-03• 0
TOWN OF AVON
ORDINANCE ITO. 3,
SERIES OF 1980
AN ORDINANCE PERTAINING TO THE DESIGNATION OF EMERGENCY LANES
WITHIN THE TOWN OF AVON; DEFINING CERTAIN TERMS AS USED HEREIN;
PROVIDING FOR THE DESIGNATION OF EMERGENCY LANES BY THE FIRF CHIEF
AND POLICE CHIEF AND THE ERECTION OF EMERGENCY LANE SIGNS AT THE
EXPENSE OF THE OWNER OF THE PROPERTY ON T17HICH THE SIGNS ARE ERECTED;
PROHIBITING THE STOPPING, STANDING OR PARKING OF A VEHICLE WITHIN
THE DESIGNATED AREAS; PROVIDING FOR A FINE FOR THE VIOLATION OF
THAT PROHIBITION AND SETTING OUT FURTHER DETAILS IN RELATION THERETO.
Section 1. Title
This ordinance shall be known and may be cited as "The Avon
Emergency Lane Parking Restriction Ordinance."
Section 2. Definitions
The definitions from the Model Traffic Code, Part D,
Section XXV, shall apply to this Ordinance and are hereby in-
corporated herein by reference thereto. In addition, the follow-
ing definitions shall apply:
A. Fire Chief. "Fire Chief" shall mean the Chief of any
Fire Protection District serving the Town of Avon or any portion
of the Town of Avon, or any member of any such Fire Department who
has been designated by the Chief of any such Department or District
to perform certain specific tasks pursuant to this Ordinance.
B. Emergency Lane. "Emergency Lane" shall mean certain
areas which are set aside for the use of fire fighting or other
emergency equipment and in which it is prohibited to stop, stand,
or park a vehicle. Unless otherwise specifically authorized by the
Fire Chief or the Avon Police Chief for reasons consistent with
the purpose of this Ordinance, all emergency lanes shall be des-
ignated portions of roadways, parking areas or other public areas
-1-
• 0
on private property. Such emergency lanes may be marked by
striping or other appropriate boundary markers.
C. No Parking, Emergency Lane Signs. "No Parking,
Emergency Lane" Signs shall be those signs approved by the Avon
Town Council for the designation of emergency lanes within the
Town of Avon.
Section 3. Emergency Lanes - Fire Chief To Designate -
Description - Record Keeping - Notice To Property Owners - Posting
Pursuant to this Ordinance and at such times as they may
determine, the Fire Chief, acting jointly with the Avon Police
Chief, shall conduct a survey within the Town of Avon to det-
ermine the need for the location and designation of emergency
lanes. When such a need has been identified, the Fire Chief shall
describe in words on a form appropriate for the task the location
of the emergency lane with respect to buildings and other fixed
objects. The Fire Chief shall retain a copy of the description of
the location of the emergency lane and other copies shall be for-
warded to the Avon Police Chief, the Town Manager, and the owner of
the property on which the emergency lane is located.
The Town Manager shall cause all such descriptions of
emergency lanes as received from the Fire Chief to be maintained
as a permanemt Town record in such a way that, from that record,
a property owner or citizen can determine the location of all the
emergency lanes so designated within the Towm. Such signs shall
be considered to be official traffic control devices.
At such time that the Fire Chief forwards to the property
owner the description of the location of the emergency lanes, he
shall also cause a copy of the following Notice to be transmitted
to the property owner:
-2-
0 •
Notice
Following an inspection of your property located at
(give street address or legal description of property),
in the Town of Avon, Colorado, it has been determined, pur-
suant to Ordinance No. 3, Series of 1980, that there is a need
for the designation of emergency lanes in the following loc-
ations:
(Give entire description
of location of emergency lanes, such
as "along entire south side of building
for a distance of feet from building"
or whatever is appropriate).
You are hereby notified that, upon the filing of a copy
of this Notice of Designation of emergency lane with the Avon
Town manager, these emergency lanes will have official, legal,
status under Ordinance No. 3, Series of 1980. You are further
notified that, as the owner of property upon which emergency
lanes have been located and designated, you will be required to
have Town Council approved "No Parking, Emergency Lane" signs
erected as required by Ordinance No. 3, Series of 1980, at your
expense. You will be contacted by me or a member of my department
within the near future.
Avon Fire Chief
Within sixty days following the mailing of the above
Notice the Fire Chief shall cause to be erected in appropriate
locations certain signs bearing the words "No Parking, Emergency
Lane, Tow Away Zone," on the property involved. These signs
shall be erected in location of maximum visibility and may be
placed on existing objects such as buildings and other fixed
objects or upon poles or standards placed for the purpose of
holding such signs.
-3-
•
0
Section 4. Payment For Signs - Penalty For Failure - Lien
It is hereby determined that erection of the emergency lane
signs is of special benefit to the property owner on whose pro-
perty the signs are to be erected. Following the erection of
such signs, the Fire Chief shall submit to the Town Manager an
itemization of expenses incurred in the erection of such signs.
Separate itemizations shall be submitted for each lot or parcel
of property on which signs were erected. The itemization shall
include the costs incurred for labor and materials as well as
the cost of the signs erected. The Town Manager shall then sub-
mit a statement of costs to the property owner on whose property
the signs have been erected. Included with this statement of
expenses shall be a statement that any unpaid statement shall
accrue interest at the rate of one and one-half Dercent of the
unpaid balance per month, the accrual of interest to begin 30
days after the mailing of the notice. The amount of such ex-
pense, together with any penalty and interest, if not paid when
due, shall further constitute a lien on the property benefitted,
which lien shall continue in effect until paid or otherwise dis-
charged.
Section 5. Violation - Penalty - Authorization To Tow -
Owner To Pay Before Release of Vehicle
No person shall stop, stand or park a vehicle within any
emergency lane designated pursuant to this Ordinance, except when
necessary to avoid a conflict with other traffic, or in compliance
with the directions of a police officer or official traffic con-
trol device or except for the purpose of loading or unloading
passengers when such standing does not obstruct, impede or en-
danger any traffic.
-4-
•
Every person convicted of a violation of this Section shall
be punished by a fine up to $300.
In addition to issuing a Summons and Complaint for a
violation of this Section, any Avon police officer may order
any offending vehicle towed and impounded. Before the owner or
agent for the owner of any vehicle impounded pursuant to this
ordinance is permitted to retake possession of the impounded
vehicle, he shall pay the actual costs of the towing and the
daily storage rate, computed on the basis of the number of days
for which the vehicle was stored, to the Town of Avon or its
designated representative.
Section 6. Severability
If any provision, clause, phrase or section of this
Ordinance or the application thereof to any person or cir-
cumstance is held invalid, such invalidity shall not affect
other provisions, clauses, phrases or sections or applications
of the Ordinance which can be given effect without the invalid
provisions or applications and to this end the provisions or
applications of this Ordinance are declared to be severable.
-5-
CJ
INTRODUCED, READ AND PASSED ON THE FIRST READING, AP ROVED, AND ORDERED
PUBLISHED ONCE IN FULL, THIS , DAY OF , 1980, AND A
PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT THE MEETING OF THE
TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, ON THE j~' DAY OF ,~iL.e~
1980, AT 7:30 P.M. IN THE MUNICIPAL OFFICES OF THE TOWN.
l
'Oct.,- "d-ell
Ang to V. Alpi, May
r
ATTEST:
Patricia J. DoyYe, Town Clerk
INTRODUCED, READ AND PASSED ON SECOND READING, APPROVED, AND
ORDERED PUBLISHED THIS 5`-tL DAY O1980.
I ~ v a6 v, #L'
F r V . 71
ATTEST:
Patricia J. Doyle, Town Clerk
-5-
0 0
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, COLORADO, AT 7:30 P.M. ON THE 25th DAY OF
MARCH, 1980 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE
ADOPTION OF ORDINANCE NO.#80-3, SERIES OF 1980:
AN ORDINANCE PERTAINING TO THE DESIGNATION OF EMERGENCY LANES
WITHIN THE TOWN OF AVON; DEFINING CERTAIN TERMS AS USED HEREIN;
PROVIDING FOR THE DESIGNATION OF EMERGENCY LANES BY THE FIRE CHIEF
AND POLICE CHIEF AND THE ERECTION OF EMERGENCY LANE SIGNS AT THE
EXPENSE OF THE OWNER OF THE PROPERTY ON WHICH THE SIGNS ARE ERECTED;
PROHIBITING THE STOPPING, STANDING OR PARKING OF A VEHICLE WITHIN
THE DESIGNATED AREAS; PROVIDING FOR A FINE FOR THE VIOLATION OF
THAT PROHIBITION AND SETTING OUT FURTHER 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 13th day of March, 1980
TOWN OF AVON, COLORADO
By:
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON MARCH 13, 1980.
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