TC Ord. No. 1986-260 0
ORDINANCE NO. 86-26
SERIES OF 1986
AN ORDINANCE AMENDING SECTION 10.04.010 OF
THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT
RELATES TO OBEDIENCE TO RAILROAD SIGNALS AND
PROVIDING PENALTIES FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO, as follows:
Section 1. Amendment. Section 3-2 of the
Model Traffic Code as contained in Title 10, Chapter
10.04.010 of the Municipal Code of the Town of Avon is
amended to read in its entirety as follows:
"Obedience To Railroad Signal.
(1) Whenever any person driving a vehicle ap-
proaches a railroad grade crossing under any of
the circumstances stated in this section, the
driver of such vehicle shall stop within fifty
feet but not less than fifteen feet from the
nearest rail of such railroad and shall not
proceed until he can do so safely. Such require-
ments shall apply when:
(a) A clearly visible electric or mechanical
signal device gives warning of the immediate
approach of a railroad train;
(b) A crossing gate is lowered or when a
human flagman gives or continues to give a
signal of the approach or passage of a
railroad train;
(c) A railroad train approaching within
approximately fifteen hundred feet of the
highway crossing emits a signal audible from
such distance, and such railroad train, by
reason of its speed or nearness to such
crossing, is an immediate hazard;
(d) An approaching railroad train is plainly
visible and is in hazardous proximity to such
crossing.
(2) No person shall drive any vehicle through,
around, or under any crossing gate or barrier at a
railroad crossing while such gate or barrier is
closed or is being opened or closed, nor shall any
pedestrian pass through, around, over, or under
any crossing gate or barrier at a railroad grade
crossing while such gate or barrier is closed or
is being opened or closed.
Section 2. Severability. If any part, sec-
tion, 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 for the Town of Avon hereby
declares it would have passed this Ordinance and each part,
section, sub-section, sentence, clause or phrase thereof,
irrespective of the fact that any one or more parts,
sections, sub-sections, sentences, clauses or phrases be
declared invalid.
• •
Section 3. Penalty for Violation. Any person,
firm or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a violation of this
Ordinance and any such person, firm or corporation shall be
deemed guilty of a separate offense for each and every day
or portion thereof during which any violation is committed,
continued or permitted, and upon conviction of any such
violation, such person, firm or corporation shall be pun-
ished by a fine of not more than $500.00 or by imprisonment
for not more than 90 days, or by both such fine and impris-
onment.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, THIS 25th day of November , 1986 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 9th da_y of December , 1986 at
7:30 P.M. in the Municipal Building of the Town of Avon,
Colorado.
Allan R Notting m, Mayor
ATTEST: j
P tricia J. Do le
Totzn_, Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED this 9th day of December , 1986.
Allan R. Nottingh Mayor
ATTEST:
Barbara R. Joseph'
Deputy Town Clerk
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 9TH DAY OF
DECEMBER, 1986 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE
ADOPTION OF ORDINANCE NO. 86-26, SERIES OF 1986:
AN ORDINANCE AMENDING SECTION 10.04.010 OF THE MUNICIPAL CODE OF
THE TOWN OF AVON AS IT RELATES TO OBEDIENCE TO RAILROAD SIGNALS AND
PROVIDING PENALTIES FOR VIOLATION THEREOF
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.
Dated this 26th day of November, 1986.
TO /N' OF"AVON, COLORADO
BY:
atricia J./)30yl~e,__ Towr}"Cler
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON NOVEMBER 26th , 1986:
THE MAIN ENTRANCE TO THE POST OFFICE
THE MAIN ENTRANCE TO CITY MARKET
THE PESTER GAS STATION: AND
THE MAIN ENTRANCE TO THE MUNICIPAL BUILDING LOBBY