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TC Ord. No. 1982-04'may ORDINANCE NO. #82-4 Series of 1982 IDENTIAL BUILDINGS,-, ADOPTED NOVEMBER, 977 AND PUBLISHED MARCH, 1978 BY THE STATE OF COLORADO OFFICE OF ENERGY CONSERVATION, AND TEF, COLORADO' RECOMMENDED ENERGY CONSERVATION "PERFORMANCE" CODE AN- ORDINANCE OF THE TOWN OF .AVON,- COLORADO ADOPTING BY REFERENCE A, CODIFICATION, OF THE EXISTING ORDINANCES OF THE TOWN OF A GENERAL AND PERMANENT NATURE, ENTITLED, "THE MUNICIPAL CODE. OF THE TOWN OF AVON,"-WHICH CODE ADOPTS BY REFERENCE THEREIN AS A SECONDARY CODE, THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES, 1977 EDITION, _PROMULGATED BY THE COLORADO STATE DEPARTMENT OF HIGHWAYS; READOPTING BY REFERENCE THE 'ICBO PLUMBING CODE, 1979 EDITION,, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM .MECHANICAL CODE, 1979 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE NATIONAL ELECTRICAL CODE, 1981 EDITION, PUBLISHED BY THE NATIONAL FIRE PROTECTION. ASSOCIATION; THE. UNIFORM FIRE CODE, 1979 EDITION, PUBLISHED BY THE, INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE NATIONAL FIRE CODE, 1979 EDITION, INCLUDING' THE NATIONAL LIFE SAFETY CODE, NFPA PUBLICATION No. 101, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION; THE UNIFORM BUILDING -CODE, 1979 EDITION, PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE COLORADO MODEL ENERGY EFFICIENCY CONSTRUCTION AND RENOVATION STANDARDS FOR NON-RES ' i i `JJ rUaL10nxL Vul-Ml:Ii, I!$ /U AND AMENDED IN 1,979L BY THE STATE OF COLORADO, DIVISION OF'HOUSING STATE HOUSING- BOARD; PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS CODE AND THIS ORDINANCE.; SETTING FORTH AMENDMENTS TO THE- PUBLISHED CODE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES; PROVIDING FOR THE MAINTENANCE OF OFFICIAL COPIES OF SUCH CODES; PROVIDING FOR THE REVISIONS TO THE CODE OF THE TOWN OF AVON; PROVIDING FOR THE SALE OF COPIES OF SUCH' CODES; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE AND THE CODES ADOPTED HEREIN BY REFERENCE. WHEREAS, the Town Council of the Town of Avon has determined that it is necessary and expedient that ordinances of the Town of a general and permanent nature be codified, and pursuant to such determination, has caused a codification of such ordinances, to be prepared, which codification is designated as-the Municipal Code of the Town of Avon; and WHEREAS, the Charter of the Town of Avon provides for adoption of such a codification by reference; therefore BE IT ORDAINED BY, THE BOARD OF TRUSTEES OF THE TOWN OF AVON, COLORADO: Section 1. Code Adopted. The Municipal Code of the Town of Avon as promulgated by the Town of Avon, Colorado, is hereby adopted and enacted by reference. The purpose of this code is to codify the ordinances 'of the Town which are of a general and permanent nature. Section 2. Secondary Code. The following secondary code as adopted by reference in the Municipal Code of the Town of Avon is hereby adopted and enacted by reference:. a. Articles I to XXVI of the- Model Traffic Code.for Colorado Municipalities,_197 Edition, promu gated and adopted, by the- Colorado State Department of Highways, 4201 EastjArkansas, Denver, Colorado, secondary codes as amended therein, are hereby readopted by reference thereto and made apart of the Code as Title 15 thereof.. Said Ordinances adopt by reference the following Section 3. Intervening .'Ordinances Adopting Codes. Ordinances Nos. 13 through 19, Series of 1981, and the secondary Codes: a. The ICBO,Plumbing,Code, 1979 Edition, published by the International Conference of Building Officials, 5360 South-Wokkman Mill Road, Whittier,' California. b. The Uniform Building Code,. 1979 Edition, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California. C. The Uni_form,Mechanical Code, 1979 Edition, published by the I Internationa Conference of. Building Officials,; 5360_South Workman Mill Road,, Whittier, California-. d. The Uniform Fire Code, 1979 Edition published by a International Conference of Building Officials and the Western Fire Chiefs' Association,.5360 South Workman Mill.Road, Whittier,.California and the National Fire Code, 1979 Edition,_ including the Natrona Life Safety Co a as contained in the Natrona Fire"Code,- 76 Edi it on, published by the National Fire- Proteco Association, 470 Atlantic Avenue, Boston, Massachusetts. e. The National Electrical Association,- 470 Atlantic Massachusetts. 1981 Edition, Fire Protection Avenue, Boston,- - 2 - f. The Colorado Model Energy-Efficiency Construction- and Renovation Standards or" - Non-restential Buildings, adopted November 197-7, and published March, 1978, by the State of Colorado, Office of Energy-Conservation, 1600 Downing, Second Floor, Denver, Colorado 80218, and The . Colorado Recommended Energ Conservation "Performance" Code or New Construction anREnovation o Residential Buildings, adopted November,, 1977, and, published March, 1978, and amended in 1979 by the State of Colorado, Division of Housing State Housing Board, 1313 Sherman Street,'Denver,. Colorado 80203. Section 4.- Repeal of Prior-ordinances. All ordinances of the Town of Avon, of a general and permanent nature which were finally adopted on or before December 31,- 1980, whether or not in .legal effect at-that date are hereby repealed, except as hereinafter provided, and except as the Municipal Code of the Town of Avon expressly saves any ordinance or part thereof from repeal. Section 5. Ordinances Passed Prior to Adoption of the Code. The last ordinance included in the original code is Ordinance 80-25 passed October- 211, 1980. All ordinances passed subsequent to Ordinance 80-25, but prior to adoption of this code, are hereby adopted and made a part of this Code, excepting only ordinance Nos. 81-11, 81-20, 81-23, 81-25, 81-27, 81-29, 81-31, 81-32, 81-33, 81-34, 81-35, 81-37 and 81-38. Section 6. Matters Not Affected by Repeal. The repeal of ordinances of a permanent or general nature by Section 4 of this ordinance shall not affect any offense committed or act done, any penalty or forfeiture incurred or any contract, right or obligation established prior to the time when said ordinances and parts of ordinances are repealed. Section 7. Ordinances Saved from Repeal. The repeal of ordinances of a general and permanent nature by Section 4 of this ordinance shall not repeal any ordinance or part . thereof saved from repeal specifically by the Municipal Code of 'the Town of Avon; nor shall such repeal affect any - 3 - ordinance: a. Promising, guaranteeing or authorizing the payment of money by or for the Town. b. Authorizing or relating to specific issuances of bonds or other evidences of indebtedness.' C. Granting a franchise. d. Establishing the compensation of Town officers or employees. e. Levying taxes, making appropriations or adopting a budget. f. Creating specific local improvement districts.. g. Making special assessments for local improvements. h. Vacating, accepting,-establishing,.:l.ocating, relocating or opening any.street"or publ-ic-'way. i. Affecting the corporate limits of'the Town_ or adopting a town plat. j. Which is of a special or temporary nature. k.. Establishing the Avon Center Mall or amending the agreement in regard thereto. ,1. Creation of any Trust Fund. Section 8. Severability,of Ordinance Provisions. Each section of'this ordinance is an independent section, and the holding of any section; or part thereof to be unconstitutional, void or ineffective for any cause shall -not be deemed to affect the validity or constitutionality of any other section or part thereof. Section 9. Severability of -Code Provisions. If any sections, section, subsection or provision of this code of ordinances or the application thereof to any person or .circumstance's is- declared unconstitutional or otherwise invalid by any competent court, such invalidity" shall not affect the other. sections, subsections, provisions or application of this code if they can be given effect without the invalid sections, section, subsection,- provision or application. - 4 - ~a • 0 Section 10. Codes Kept on File. a. At least three copies of the Municipal Code of of Avon, and of each secondary code adopted t eTi re , shall be kept on file in the office of the town clerk available for public inspection. One-copy of-each such code may be kept in the office of the chief enforcement officer thereof. b. The town clerk shall-prepare and publish revised sheets of every loose leaf page in need of revision by reason of amendment, addition or repeal. The town clerk shall distribute said revised loose leaf sheets for such fee as the Town Council may direct. C.- In addition to those copies of this Code specified in subsection (a) of this section-a copy of this Code shall be kept on file in the office of the town clerk in which it shall be the express duty of the town clerk to insert in-their designated places all amendments or ordinances which are intended to become a part of this Municipal.Code of the Town of Avon, when the same have been printed or reprinted in page form and to extract from such Code all provisions-'which may from time to time be repealed. This copy of the Munici al- Code of the Town of Avon shall be avails a to all person desiring ,to examine it.and shall be considered the official Municipal Code of;the'Town of Avon. Section 11." Sale of Code Copies. The town clerk shall maintain a reasonable supply of copies of this Code and of all secondary codes incorporated in it by reference to be available for purchase by the public at a moderate price. Section 12. Penalty Clauses. A. The following sections of th the Town of Avon, as hereby penalty clauses are herewith hereby enacted: e Municipal Code of amended, which contain set forth in full and "Chapter 1.08 GENERAL PENALTY Sections: 1.08.010 Designated. 1.08.020 Public work. 1.08.030 Minors 1.08.010- Designated. Any person violating any provisions or --ai i.ng to comply 'with any of the mandatory requirements of the ordinances of the Town :shall `be guilty of a misdemeanor. Unless otherwise specifically provided, any person convicted of a violation of any such ordinance shall be punished by a fine not exceeding five hundred - 5 - • • dollars, or by imprisonment not exceeding ninety days, or by both such -fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day.- during any portion of which any violation of any provision of the ordinances of the Town is committed,.continued or permitted by any such person,- and he may be punished accordingly. 1.08.020 Public work. In lieu of the penalties provided in Section 1.08.010, the municipal judge may require any person convicted of any offense to engage in public work for the Town or for any charity, the terms and conditions thereof to be set forth by the municipal judge. 1.08_.030 Minors. Any provision hereof to the contrary notwithstanding, any person who is convicted of a violation hereof and who has not attained the age of eighteen years at the time of such conviction shall not be imprisoned or, subjected to public work as punishment therefor, provided, a child under the age of eighteen yearn may be confined as provided in C.R.S. 13-10-113 (1973), as amended." Section 13. Violation. Conviction of a violation of any provision of this ordinance may be punished by fine of not more than $500.00 or imprisonment not to exceed 90 days, or by both such fine and imprisonment.. INTRODUCED, PAS D ON FIRST READING. APPROVED AND ORDERED POSTED,; -THIS day . of , 19r- and apublic he ring ' on ' this Ordinance s e e at. the regular meeting of the Town Counc' of a Town of Avon, Colorado, on the Z 4day of 19TA at 7:30,-P.M. in the Municipal Building of t Town of Avon, Colorado. Ange lpi, M yo vatricia J. Town Clerk INTRODUCED, PAS ED ON SECOND, READING, APPROVED AND ORDERED POSTED this daA of 19$a. A Patricia J. oyle Town Clerk - 6 - STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) E 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 23RD DAY OF FEBRUARY 1982 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE N0.082-4 SERIES OF 1982: AN ORDINANCE OF THE TOWN OF AVON, COLORADO ADOPTING BY REFERENCE A CODIFICATION OF THE EXISTING ORDINANCES OF THE TOWN OF A GENERAL AND PERMANENT.NATURE, ENTITLED, "THE MUNICIPAL CODE OF THE TOWN OF AVON", WHICH,CODE ADOPTS BY REFERENCE THEREIN AS A SECONDARY CODE, THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES, 1977 EDITION, PROMULGATED BY THE COLORADO STATE DEPARTMENT OF HIGHWAYS; READOPTING BY REFERENCE THE ICBO PLUMBING CODE, 1979 EDITION, PUBLISHED BY THE INTERNATIONAL CON-' FERENCE OF BUILDING OFFICIALS; THE UNIFORM MECHANICAL CODE, 1979 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE NATIONAL ELECTRICAL CODE, 1981 EDITION, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION; THE UNIFORM FIRE CODE, 1979 EDITION, PUBLISHED BY;THE INTERNATIONAL CONFERENCE OF BUILDING_.OFFICIALS; THE NATIONAL FIRE CODE, 1979 EDITION, INCLUDING THE NATIONAL LIFE SAFETY CODE, NFPA PUBLICATION NO. 101, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION: THE UNIFORM BUILDING CODE, 1979 EDITION, PROMULGATED; BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE COLORADO MODEL ENERGY EFFICIENCY CONSTRUCTION AND RENOVATION STANDARDS FOR NON-RESIDENTIAL BUILDINGS,- ADOPTED NOVEMBER, 1977 AND PUBLISHED MARCH,7;978 BY THE-STATE OF-COLORADO OFFICE OF ENERGY CONSERVATION,-AND THE COLORADO RECOMMENDED ENERGY CONSERVATION "PERFORMANCE" CODE FOR- NEW- -CONSTRUGTTOM— ANn--PPMO UA'PT(_1TT OP AND AMENDED'in 1979 BY THE`rSTATE*~:OF COLORADO,.DIVISION OF HOUSING STATE HOUSING'BOARD; PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS CODE AND THIS ORDINANCE; SETTING FORTH AMENDMENTS TO THE PUBLISHED CODE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES; PROVIDING FOR THE MAINTENANCE OF OFFICIAL COPIES OF SIICH,CODES; PROVIDING FOR THE"REVISIONS TO THE CODE OF THE TOWN OF AVON; PROVIDING FOR THE SALE OF COPIES OF SUCH CODES; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE AND THE CODES ADOPTED HEREIN BY REFERENCE. A copy of said Ordinance is attgched'hereto and is also on file at the office of the Town Clerk and may by inspected during regular business hours. Following this hearing, the Council may consider final passage of the Ordinance. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 10th day of February, 1982. TOWN JQT AVON, B atricia J. Doyle, To)Wn Cle POSTED AT THE -FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 11, 1982: THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST OFFICE, THE MAIN ENTRANCE OF CITY MARKET, THE PESTER'GAS STATION; AND THE MUNICIPAL BUILDING IN THE MAIN LOBBY