TC Ord. No. 1982-23TOWN OF AVON
ORDINANCE NO. 82-23
Series of 1982
AN ORDINANCE REQUIRING ANY PERSON, BUSINESS OR
CORPORATION WHO PLOWS, REMOVES OR STRIPS SNOW OR
ICE FROM PRIVATE PROPERTY FOR A FEE OR CHARGE OF
ANY KIND TO OBTAIN A PERMIT FROM THE TOWN; SETTING
FORTH CERTAIN INFORMATION TO BE PROVIDED THE TOWN
BY A PERMITTEE; SETTING FORTH REQUIREMENTS FOR
PERMITTEES; AND PROVIDING PENALTIES FOR THE
VIOLATION OF THIS ORDINANCE.
WHEREAS, the Town of Avon has encountered numerous
problems as a result of the methods and activities of
snowplow operators within the Town; and
WHEREAS, the Town Council believes that the public
health, safety and welfare would best be served by requiring
the licensing of persons, businesses or corporations who
plow, remove or strip snow or ice from private property for
a fee or a charge within the Town;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, THAT:
Section 1.
Title 5 of the Avon Municipal Code is amended
by the addition of a new Chapter 5.20 to read as follows:
Chapter 5.20
SNOWPLOW ORDINANCE
Section 5.20.010 Permit Required
It shall be unlawful for any person, business or
corporation to plow, remove or strip snow or ice
from private property anywhere within the Town for
a fee or charge of any kind without first obtain-
ing a permit from the Town for such activity.
Section 5.20.020 Application for Permit
Application for such permits shall be on forms
provided by the Town. Forms shall be made avail-
able from the Building Department.
Section 5.20.030 Permits - Requirements
A. The following information shall be
provided by applicants for the permit required
under this chapter.
1. Name, home address, business
address, State Driver's License number, and
telephone number.
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2. Make, model, serial number, and
State license plate number of any vehicle or
machine to be used for snow plowing.
3. A list of the driveways and/or
parking lots which the applicant services.
B. The application for a permit provided
for under this chapter shall be accompanied by a
fee of Thirty-five Dollars ($35.00) unless the
applicant holds a valid contractor's license.
Section 5.20.040
Permit - Period of Validity
All permits shall be valid for a period of one (1)
winter season, which shall be defined as beginning
on July 1 of each year and ending on June 30 of
the succeeding year. A permit issued for such
time period shall not be valid for a subsequent
winter season.
Section 5.20.050 Insurance
A. Every person issued a permit under the
provisions of this chapter shall be required to
maintain the following types and amounts of
insurance at all times: Employees Liability,
Workmen's Compensation, if required by state
statute Public Liability with minimum limits of
not less than $100,000 for any one person and any
one accident, and Public Property Damage with a
minimum limit of not less than $100,000 for any
one accident.
1. At the time the application for a
license is made and before a permit can be
issued, the applicants shall file with the
Building Official, a certificate issued by an
insurance company qualified stating that the
insurance policies required by the chapter
have been issued to the applicant, listing
the minimum limits of each, effective policy
numbers, the name of the company, the effec-
tive date of the policies and the expiration
dates.
Section 5.20.060 Identification Number
At the time a permit is issued the permittee shall
also be issued a Vehicle Identification number
provided by the Building Department for any
vehicle or machine to be used in the permitted
activities which shall be placed and kept on a
visible portion of the exterior of the vehicle or
machine whenever it is being used to plow snow.
Section 5.20.070 Requirements of Permittee
A. Snow shall not be pushed, deposited or
left on any public street, way, park, or green
belt area unless approved by the Director of
Public Works prior thereto.
B. Snow shall not be deposited in any area
where such deposit would impede the vision of
anyone driving a motor vehicle on a public or
private street or right-of-way.
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C. Vehicles engaged in snow removal activi-
ties shall have a flashing yellow light on the
roof of the vehicle when they are engaged in
plowing snow.
Section 5.20.080 Suspension of Revocation of
Permit
A. In addition to any other penalties
herein provided, the permit issued hereunder may
be suspended or revoked by the Director of Public
Works or his designated representative for cause
at any time. Such cause shall exist whenever any
permittee fails or refuses to comply with the
provisions of this chapter which may now or
hereafter be in force. Such shall extend to and
include suspension if the insurance required
hereby is cancelled for any reason.
B. In the event a permit is suspended or
revoked the permittee may, within three days of
such suspension or revokation, request in writing,
delivered to the Town Manager or to the Town
Clerk, a hearing before the Board of Building
Appeals, which hearing shall be held not sooner
than three days from the request for hearing. The
permittee shall be given an opportunity to be
heard at said hearing and to show cause why his
permit should not be suspended or revoked. If,
after such hearing, the Board of Building Appeals
finds that the permittee has failed or refused to
comply with the provisions of this article, which
may now or hereinafter be in force without having
shown good cause therefor, he may either suspend
any permit for a period not to exceed ninety days
or revoke the same. For such cause, the Board of
Building Appeals may also direct the Town Clerk to
deny any application for the renewal of said
permit for a period not to exceed ninety days.
Whenever any permit is suspended or revoked, no
part of the fee or fees paid therefor shall be
returned or refunded to the holder of such permit.
C. The Director of Public Works or his
designated representative may summarily suspend
any permit issued hereunder pending the outcome of
the hearing to be held as provided in paragraph
(B) hereof.
D. The permit shall not be deemed to have
exhausted his administrative remedies unless he
first appeals the decision of the Director of
Public Works or his designated representative to
the Board of Building Appeals as provided in
paragraph (B) hereof.
Section 5.20.090 Appeal
Appeal of any action of the board of Building
Appeals, in connection with the revocation,
suspension or denial of issuance of a permit
issued or requested under this Article permit may
be filed within thirty (30) days following such
action with the court having jurisdiction of such
appeals.
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Section 2. Violations - Penalty
A complaint may be filed in the Municipal
Court for the Town charging a violation of this chapter.
Upon conviction thereof, the permittee, agent or representa-
tive therefore may be punished by fine of not more that
$500.00 or imprisonment of not more than ninety (90) days or
both such fine and imprisonment. Each day such violation is
committed or permitted to continue constitutes a separate
offense and shall be punishable as such under this chapter.
Section 3. Severability
If any part, section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to
be invalid, such decisions shall not affect the validity of
the remaining portions 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 hereof regardless of the fact that any one
or more parts, sections, subsections, sentences, or clauses
or phrases be declared invalid.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL THIS 14th DAY OF December ,
1982. A public hearing shall be held hereon on the 11th
day of January, 1983 at the regular meeting of the Town
Council of the Town of Avon, Colorado, in the Municipal
Building of the Town.
Mayor
ATTEST: `
e
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED THIS 11th DAY OF Januar-r , 198 3
00,
ATTEST: Allan R. Nottingham, yor
cia J. DoyX4~, Town ¢ler
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON - )
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 11TH DAY OF
JANUARY, 1983 AT THE MUNICIPAL BUILDING, 400.BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE
N0.#82-23, SERIES OF 1982:
AN ORDINANCE REQUIRING ANY PERSON, BUSINESS OR CORPORATION WHO
PLOWS, REMOVES OR STRIPS SNOW OR ICE FROM PRIVATE PROPERTY FOR A
FEE OR'CHARGE OF ANY KIND TO OBTAINA PERMIT FROM THE TOWN; SETTING''
FORTH CERTAIN INFORMATION TO BE PROVIDED THE TOWN BY A PERMITTEE;
SETTING FORTH REQUIREMENTS FOR PERMITTEES; AND_PROVIDING PENALTIES FOR
THE VIOLATION OF THIS ORDINANCE
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
the Ordinance.
This notice given and passed by order of the Town Council of the
Town of-Avon, Colorado.
Dated this 15th day of December, 1982.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON.
ON THE 16-TH DAY OF DECEMBER, 1982.
THE MAIN ENTRANCE OF THE POST OFFICE,
.,THE MAIN ENTRANCE TO CITY MARKET,
THE PESTER GAS STATION; AND
THE MAIN'LOBBY OF THE MUNICIPAL BUILDING