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