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TC Ord. No. 1986-01• ORDINANCE NO. 86-1 SERIES OF 1986 AN ORDINANCE AMENDING TITLE 10 OF THE MUNICIPAL CODE OF THE TOWN OF AVON BY THE ADDITION OF CHAPTER 10.13, PARKING PRIVILEGES FOR THE HANDICAPPED NOW, THEREFORE, be it ordained by the Town Council of the Town of Avon, Colorado, as follows: Section 1. Title 10 of the Municipal Code of the Town of Avon is hereby amended by the addition of Chapter 10.13, Parking Privileges for the Handicapped, to read as follows: 10.13 Parking Privileges for the Handicapped. As used in this section, a "handicapped person" means a person so severely handicapped that he is unable to move from place to place without the aid of a mechanical device or who has a physical impairment verified, in writing, by the Director of the Division of Rehabilitation or a physician licensed to practice medicine in this state that such impairment limits substantially his ability to move from place td place. A handicapped person may park in a parking space identified as being reserved for use by the handicapped whether on public property or private property available for public use. The owner of private property available for public use may request the installation of official signs identifying parking spaces reserved for use by the handicapped. Such a request shall be a waiver of any objection the owner may assert concerning enforcement of this section by peace officers of the Town of Avon, and such officers are hereby authorized and empowered to so enforce this section, provisions of the law to the contrary notwithstanding. 1. A placket or wheelchair license plate issued to a handicapped person by the State Motor Vehicle Division shall be displayed on the vehicle while parked in such space; • • 2. It is unlawful for any person other than a handicapped person to park in a parking space on public or private property which is clearly identified by an official sign as being reserved for use by the handicapped unless such person is parking the vehicle for the benefit of a handicapped person. Section 2. Violation - Penalty. Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars. Section 3. 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 portions of this Ordinance; and the Town Council hereby declares 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, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Avon and the inhabitants thereof. Section 5. The repeal or the repeal and reenactment of any provision of the Avon Municipal Code as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or pro- ceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. i 0 INTRODUCED, READ AND APPROVED ON FIRST READING THIS 14thday of January 1986, and a public hearing shall be held on this ordinance on the 28th day of January , 1986, at 7:30 p.m. in the Council Chambers.of the Avon Municipal Building, Avon, Colorado. Ordered published in full this 14th day of January , 1986. Allan R. ottingh Mayor ATTEST: tricia J. X l I C2 Town C/i6r INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED 1986. this 28thday of January , cam.. Allan R, otti.h , Mayor 0 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 28TH DAY OF JANUARY, 1986, AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO, FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 86-1, SERIES OF 1986: AN ORDINANCE AMENDING TITLE 10 OF THE MUNICIPAL CODE OF THE TOWN OF AVON BY THE ADDITION OF CHAPTER 10.13, PARKING PRIVILEGES FOR THE HANDICAPPED 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 14th day of January , 1986. POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY 14th , 1986. THE MAIN ENTRANCE OF THE POST OFFICE THE MAIN ENTRANCE TO CITY MARKET THE PESTER GAS STATION; AND THE MUNICIPAL BUILDING IN THE MAIN LOBBY