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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 lerk V 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