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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