TC Ord. No. 1987-20i
ORDINANCE NO. 87 20
SERIES OF 1987
AN ORDINANCE AMENDING SECTION 10.04.060(G) OF THE
TOWN OF AVON MUNICIPAL CODE AS IT RELATES TO
MAXIMUM SPEEDS WITHIN TOWN LIMITS AND BY THE
ADDITION OF SECTIONS 10.18..010 THROUGH 10:18.060
AS IT PERTAINS TO MANDATORY USE OF-SAFETY BELT
SYSTEMS,IN MOTOR VEHICLES AND PROVIDING PENALTIES_
FOR VIOLATION THEREOF.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO:
Section 1. Amendment. Subparagraph G of Section
10.04.060(G) of the Municipal Code of the Town of Avon is
amended,as follows:
"G. Hiway: West town limits to 65 mph both
I-70 East town limits directions"
Section-.2. Amendment. Title 10 of the Municipal
Code of the"'Town of Avon is amended by the addition of
Section 10.18.010 through Section 10-.18:060 as follows:
10.18.010 Defined.
(1) As used in this section:
(a) "Motor vehicle" means a self-propelled
vehicle intended primarily for use and operation
on the public highways including passenger cars,
station wagons, vans, taxicabs, ambulances, motor
homes,-and pickups. The term does not include
bicycles, passenger buses, school buses, and farm
tractors and implements of husbandry designed
primarily or exclusively for use in agricultural
operations; and
.(b) "Safety belt system" means a system
utilizing a lap belt, a shoulder belt, or any
other belt or combination of belts installed in a
motor vehicle to restrain drivers and passengers,
which system conforms to federal motor vehicle
safety standards.
10.18.020 Mandatory Use of Safety Belt Systems.
Unless exempted pursuant to section 10.18.030,
every driver of and every front seat passenger in
a motor vehicle equipped with a safety belt system
shall wear a fastened safety belt while the motor
vehicle is being operated on a.street or highway
in this state.
10.18.030 Exemptions to Mandatory Use.
(1) The requirement of 10.18.020 shall not apply
to:
(a) A child required by Section 42-4-235
C.R.S. to be restrained by a child restraint
system;
. (b) ' A member of an ambulance team, other
than the driver, while involved in patient care;
0 r
(c) A peace officer, level-I, as defined in
section 18-1-901(3)(1)(1), C.R.S., while perform-
ing official duties so long as the performance of
said duties is in accordance with rules and
regulations applicable to said officer which are
at least as restrictive as section -10.18.0_20" of -this
section and which only provide excepL-ons nece''s=
sary to protect the officer;
(d) A person with a physically or psycho-
logically disabling condition whose physical or
psychological disability prevents-appropriate
restraint by a safety belt-system if such person
possesses a written statement by a physician
certifying the condition, as well as stating the
reason why such restraint is inappropriate;
(e) A person driving or riding in a motor
vehicle not equipped with a safety belt system due
to the fact that federal law does not require such
vehicle to be equipped with a safety belt system;
(f) A rural letter carrier of the United
States postal service while performing duties as a
rural letter carrier; and
(g) A person operating a motor vehicle for
commercial or residential delivery or pickup
service; except that such person shall be required
to wear a fastened safety belt during the time
period prior to the first deliver or pickup of'the
day and during the time period following the last
delivery or pickup of the day.
10.18.040. Violations and Penalties. It is
unlawful for any person to violate any provision
hereof. Any person who violates any provision of
this ordinance shall be punished by a fine of Ten
Dollars.
10.18.050. No driver or passenger in a motor
vehicle shall be cited for a violation of this
ordinance unless the driver was stopped by a law
enforcement officer for an-alleged violation of
law other- than "a violation of this"section.
10.18.060. Testimony at Trial. Testimony at a
trial for a violation charged-pursuant to
10.18.040 may include: "
(a) Testimony by a law enforcement-officer
that he observed the person charged operating a
motor vehicle while said operator or any passenger
was in violation of the requirements of 10.18.020;
or
(b) Evidence that the driver removed the
safety belts or knowingly drove a vehicle from
which safety belts had been removed.
Section 3. Severability. If,any part, section,
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, irrespec-
tive of the fact that any one or more parts, sections,
sub-sections, sentences, clauses or phrases be declared
invalid.
W 0
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, THIS 11th day of August_ , 1-987-
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 25th day of August 1987 at
7:30 P.M. in the Municipal Building of-the Town of-Avon,
Colorado.
Al an R. Not ingham ayor
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED this 25th day of Atzcrust , 1987.
is j. i ff ie
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4.
Allan R. 7ottirigYi" ;-Mayor
ORDNC2
s 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
25TH DAY OF AUGUST, 1987, AT THE TOWN HALL FOR THE PURPOSE
OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 87-20, SERIES
OF 1987:
AN ORDINANCE AMENDING SECTION 10.04.060(G)OF THE TOWN OF
AVON MUNICIPAL CODE AS IT RELATES TO MAXIMUM SPEEDS WITHIN
TOWN LIMITS AND BY THE ADDITION OF SECTIONS 10.18.010.THROUGH
10.18.060 AS IT PERTAINS TO MANDATORY USE OF SAFETY BELT
SYSTEMS IN MOTOR VEHICLES 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 the Ordinance.
This notice is given and published by order of the Town Council
of the Town of Avon.
Dated this 11th day of August, 1987.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON August 1,2,1987:
THE AVON POST OFFICE IN THE MAIN LOBBY
THE CITY MARKET IN THE MAIN LOBBY
PESTER GAS STATION; AND
THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY