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TC Ord. No. 2002-24 Amending title 10 of the muni code of the TOA relating to driver licenses and providing penalties for the violations hereofTOWN OF AVON, COLORADO ORDINANCE NO. 02- 24 SERIES OF 2002 AN ORDINANCE AMENDING TITLE 10 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO DRIVER LICENSES; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Title 10 of the Municipal Code of the Town of Avon is amended by the addition of a Chapter 10.32 providing as follows: "Chapter 10.32 DRIVER LICENSES 10.32.010. Driving without valid license. No person shall drive any motor vehicle unless such person has been issued a currently valid driver, minor driver or provisional driver license, or an instruction permit, unless such person is classified as being exempt from obtaining a license pursuant to Section 42-2-102, C.R.S. 10.32.020 Resident more than 30 days. No person shall drive any motor vehicle without a valid Colorado driver license or instruction permit after 30 days of becoming a resident of the State. 10.32.030. License expire one year or less. No person shall drive any motor vehicle if such person's driver license has been expired for one year or less and such person has not been issued another such license by the State or another state or country subsequent to such expiration. 10.32.040. Proper class driver license required. No person who has been issued a currently valid driver license or instruction permit shall drive a type or general class of motor vehicle for which such person has not been issued the correct type or general class of license or permit. 10.32.050. Valid license on person required. No person who has been issued a currently valid driver license or instruction permit shall operate a motor vehicle without having such license or permit in such person's immediate possession. 10.32.060 Motorized bicycles. An operator of a motorized bicycle shall possess a valid driver's license. Motorized bicycles may be operated in bicycle lanes included within roadways. No motorized bicycles may be operated on any sidewalk, pathway or upn any public lands unless such operation is specifically designated. 10.32.070. Special restrictions. (a) No person under the age of eighteen years shall drive any motor vehicle used to transport explosives or inflammable material or as a school bus for the transportation of pupils to or from school; nor shall any person under the age of eighteen years drive a motor vehicle used as a commercial, private or common carrier of persons or property unless such person has experience in operating motor vehicles and has been examined on such person's qualifications in operating such vehicles. The examination shall include safety regulations of commodity hauling and the driver shall be licensed as a driver or provisional driver. (b) Notwithstanding the provsions of subsection (a) above, no person under the age of 21 years shall drive a commercial motor vehicle as defined in Section 42-2-402(4), C.R.S., except as provided in Section 42-2-404(4), C.R.S. 10.32.080. Refusal to give license on demand. No person who operates a motor vehicle and has been issued a driver license or instruction permit or State identification card and who has the same in his immediate possession shall refuse to remove it from any billfold, purse, cover or other container and to hand it to any peace officer who has requested the person to do so if such peace officer reasonably suspects that such person is committing, has committed or was about to commit an offense. 10.32.090. License restrictions. No person shall operate a motor vehicle in any manner which violates restrictions, limitations or conditions imposed in a driver license or instruction permit issued to the person by the State or another state or country. 10.32.010. Notification of change of name or address. It is a violation of this Chapter to fail to notify the Colorado Department of Revenue of any change in name or address within ten days of such change. 10.32.011. Altered or fictitious license. (a) No person shall have in his possession a lawfully issued driver license, instruction permit or identification card that has been altered by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter or any other means so that the same as altered falsely appears or purports to be an authentic and lawfully issued license, permit or identification card. (b) No person shall have in his possession a paper, document or other instrument which falsely appears or purports to be a lawfully issued and authentic driver license, instruction permit or identification card, knowing that the same was falsely made and was not lawfully issued. (c) No person shall knowingly display or represent as being such person's own any driver license, instruction permit or identification card which was issued to another person. (d) No person shall knowingly permit any unlawful use of a driver license, instruction permit or identification card. 10.32.012. Permitting unlicensed person to drive. (a) No person shall knowingly permit any child under. the age of eighteen to drive a motor vehicle when such child has not been issued a currently valid driver license or instruction permit or knowingly permit a child under the age of eighteen to drive a motor vehicle in a manner violating any conditions, limitations or restrictions contained in a license or permit issued to such child. (b) No person shall knowingly authorize or permit a motor vehicle owned by such person or under such person's control to be driven by any person who has not been issued a currently valid driver license or instruction permit or knowingly permit such person to drive a motor vehicle in a manner violating any conditions, limitations or restrictions contained in the same." Section 2. It is unlawful for any person to violate any of the provisions of this Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year or by both such fine and imprisonment. The municipal court is authorized to establish a schedule of fines to be imposed for violations of this Ordinance. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 10th day of December, 2002, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 14th day of January, 2003, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. ATTEST? Mayor INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 14th day of January, 2003. Mayor ATTEST: Q,l Tow Cle k APPROVED AS TO FORM:` -v-w_IL- Town ttorney STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 14TH DAY OF JANUARY 2003, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF THE FOLLOWING ORDINANCES: Ordinance No. 02-23, Series of 2002 - Amending Title 9 of the Municipal Code of the Town of Avon relating to Bail Bond Condition Violations; and Providing Penalties for the Violation Hereof. Ordinance No. 02-24, Series of 2002 - Amending Title 10 of the, Municipal Code of the Town of Avon Relating to Driver Licenses; and Providing Penalties for the Violation Hereof. Ordinance No. 02-25, Series of 2002 - Amending Title 9 of the Municipal Code of the Town of Avon Relating to Restraining Order Violations; and Providing Penalties for the Violation Hereof. Ordinance No. 02-26, Series of 2002 - Amending Title 10 of the Municipal Code of the Town of Avon Relating to Vehicle Registration; and Providing for the Violation Hereof. A copy of said Ordinances are attached hereto, and are 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 is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 13th day of December 2002. TOWN OF AVON, COLORADO BY: N'' Pa M Kenny Town -Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON DECEMBER 13, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY MEMORANDUM To: Honorable Mayor and Council Thru; Larry Brooks, Town Manager From: Jeff Layman, Chief of Police Date: December 4, 2002 Re: Drivers License Violations Summary: All driver's license violations are currently written into Eagle County Court. This ordinance provides the opportunity for officers to write them into municipal court. Revenue collected in these cases would then be deposited into the Town of Avon's General Fund rather than collected by the county. We anticipate the revenue for one year to be approximately $1500 and the time spent by the court at approximately seven hours. Discussion: While researching revenue-producing ideas within the police department, it was suggested that we create a new town ordinance allowing officers to write driver's license violations into municipal court. This would allow the town to collect any revenue generated by fines and fees, with a negligible amount of effort expended. Judge Buck Allen, prosecutor Inga Causey and Town Attorney John Dunn have all provided counsel in the development of this ordinance. Mr. Dunn wrote the ordinance. Over the last year, the police department has written 35 citations for this violation. All of them have been charged in Eagle County Court. We estimate the fines and fees for each violation to average $30 to $60. Financial Implications: The time police officers spend on these cases would not be impacted. It is anticipated that the court would spend approximately 10 minutes processing each charge. Although extremely unlikely, a court challenge would add a considerable amount of time to this figure. The town would collect fines and fees of approximately $30 to $60 on each charge. Recommendation: It is recommended that the council approve this ordinance. It will make it possible for driver's license violations to be written into municipal court and will provide a positive, albeit small, revenue stream. Alternatives: Like the other ordinances in this series, this one is not imperative. The alternative is to continue as we are doing now, with all driver's license violations written into county court. Proposed motion: "I move to approve Ordinance Number 02-24." Town Manager Comments: TOWN OF AVON, COLORADO ORDINANCE NO. 02- 24 SERIES OF 2002 AN ORDINANCE AMENDING TITLE 10 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO DRIVER LICENSES; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: . Section 1. Title 10 of the Municipal Code of the Town of Avon is amended by the addition of a Chapter 10.32 providing as follows: "Chapter 10.32 DRIVER LICENSES .10.32.010. Driving without valid license. No person shall drive any motor vehicle unless such person has been issued a currently valid driver, minor driver or provisional driver license, or an instruction permit, unless such person is classified as being exempt from obtaining a license pursuant to Section 42-2-102, C.R.S. 10.32.020 Resident more than 30 days. No person shall drive any motor vehicle without a valid Colorado driver license or instruction permit after 30 days of becoming a resident of the State. 10 32 030. License expire one year or less. No person shall drive any motor vehicle if such person's driver license has been expired for one year or less and such person has not been issued another such license by the State or another state or country subsequent to such expiration. 10 32.040. Proper class driver license required. No person who has been issued a currently valid driver license or instruction permit shall drive a type or general class of motor vehicle for which such person has not been issued the correct type or general class of license or permit. 10 32 050. Valid license on person required. No person who has been issued a currently valid driver license or instruction permit shall operate a motor vehicle without having such license or permit in such person's immediate possession. 10.32.060 Motorized bicycles. An operator of a motorized bicycle shall possess a valid driver's license. Motorized bicycles may be operated in bicycle lanes included within roadways. No motorized bicycles may be operated on any sidewalk, pathway or upn any public lands unless such operation is specifically designated. 10.32.070. Special restrictions. (a) No person under the age of eighteen years shall drive any motor vehicle used to transport explosives or inflammable material or as a school bus