TC Ord. No. 2006-11 Amending chapter 8.24 of the muni code for the TOA relating to public nuisancesTOWN OF AVON, COLORADO
ORDINANCE NO. 06- 11
SERIES OF 2006
AN ORDINANCE AMENDING CHAPTER 8.24 OF THE MUNICIPAL CODE OF THE
TOWN OF AVON RELATING TO PUBLIC NUISANCES
WHEREAS, the Town is bisected by the right-of-way of the Union Pacific .
Railroad; and
WHEREAS, there is development within the Town adjacent to such right-of=way;
and
WHEREAS, the right-of: way. for the railroad is inactive at this time; and
WHEREAS, the use of the right-of-way for purposes other than the movement of
trains, including but not limited to for purpose of the storage or parking of railroad cars, has the
effect of depreciating the value of property adjacent to the right-of-way; and
WHEREAS, the use of the right-of-way for such purposes attracts criminal
behavior and gang related activity including loitering and vandalism, creating an unacceptable
danger to the health, safety and welfare of residents of, and visitors to, the Town; and
WHEREAS, the use of the right-of-way for such purposes further would be
offensive to residents of, and visitors to, the Town;
NOW, THEREFORE, BE. IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. Chapter 8.24, Title 8 of the Municipal Code of the Town of Avon is
amended by the addition of a Section 8.24.042 to read as follows:
8.24.042 Storage of Railroad Cars.
The storing or parking of railroad cars on railroad tracks within the Town is determined
and declared to be a public nuisance. A railroad car shall be presumed to be stored or parked if it
has remained within the Town for a period in excess of forty-eight (48) consecutive hours.
Section 2. Chapter 8.24, Title 8 of the Municipal Code of the Town of Avon is
amended by the addition of a Section 8.24.145 to read as follows:
8.24.145 Filing complaint.
In addition to or in lieu of any procedure for abatement and without any prior
investigation or providing of notice of the existence of the nuisance, a direct complaint may be
filed by any person or. police officer against any person who violates any provision of this
Chapter.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 23rd day of May, 2006 and a public hearing on this ordinance shall
be held at the regular meeting of the Town Council on the 13th day of .tune, 2006, at 5:30 P.M.
in the Council Chambers, Avon Municipal Buildin 0 Benchmark Road, Avon Colorado.
it @8 OF A)'
R ald C. Wolfe, Mayor J
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S ~ A 1, y;.
ATTEST:
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Patty c enny, Town k
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND
READING AND ORDERED POSTED the 13th da of June, 2006.
= 11 Of
nald C. Wolfe, Mayor
ATTE T: y~
SEA L
Pat Mc envy, To Cl rk ~COnd®
APPROVED AS T
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Jo W. Dunn, Town Attorney
Ordinance No. 06-11 NUSiance
• MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: NUISANCE ORDINANCE (Ordinance No. 06-11)
DATE: May 17, 2006
Council is requested to adopt on first reading an ordinance which will amend the
Town's nuisance regulations. One part of the ordinance will cause the storing or parking of
railroad cars to be a public nuisance. The other part will clarify the nuisance regulations to the
effect that a complaint may be filed in municipal court without compliance with other procedural
requirements of the regulations.
The change with respect to railroad cars results from the announcement by the
Union Pacific Railroad that it will be storing rail cars in the Minturn rail yard in the future. Those
cars will be brought from western Colorado or Utah and therefore will have to be moved through
Avon to reach Minturn. Town staff is concerned that some of those cars may be parked in Avon
before they are moved to Minturn or that they may be stored on the passing track in Avon. The
• purpose of the proposed ordinance is to cause that practice to be a nuisance so that fines can be
imposed on the railroad.
The clarification of the nuisance regulations arises out of a recent ruling by the
municipal judge that the Town could not file a complaint for causing a nuisance without first
following abatement procedures contained in the nuisance regulations. The Town's prosecutor
disagrees with that ruling, but the easiest course of action is clarification of the regulations to make
it clear that exhaustion of other remedies is not necessary before a complaint is filed.
JWD:ipse
40
TOWN OF AVON, COLORADO
ORDINANCE NO.06-11
SERIES OF 2006
AN ORDINANCE AMENDING CHAPTER 8.24 OF THE MUNICIPAL CODE OF THE
TOWN OF AVON RELATING TO PUBLIC NUISANCES.
WHEREAS, the Town is bisected by the right-of-way of the Union Pacific
Railroad; and
WHEREAS, there is development within the Town adjacent to such right-of-way;
and
WHEREAS, the right-of-way for the railroad is inactive at this time; and
WHEREAS, the use of the right-of-way for purposes other than the movement of
trains, including but not limited to for purpose of the storage or parking of railroad cars, would
have the effect of depreciating the value of property adjacent to the right-of-way; and
WHEREAS, the use of the right-of-way for such purposes further would be
visually offensive to residents of, and visitors to, the Town;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. Chapter 8.24, Title 8 of the Municipal Code of the Town of Avon is
amended by the addition of a Section 8.24.042 to read as follows:
8.24.042 Storage of Railroad Cars.
The storing or parking of railroad cars on railroad tracks within the Town is determined
and declared to be a.public nuisance. A railroad car shall be presumed to be stored or parked if it
has remained within the Town for a period in excess of five days.
Section 1. Chapter 8.24, Title 8 of the Municipal Code of the Town of Avon is
amended by the addition of a Section 8.24.145 to read as follows:
8.24.145 Filing complaint.
In addition to or in lieu of any procedure for abatement and without any prior
investigation or providing of notice of the existence of the nuisance, a direct complaint may be
filed by any person or police officer against any person who violates any provision of this
Chapter.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED the day of , 2006 and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the _ day of , 2006, at
P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road,
Avon, Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKinny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND
READING AND ORDERED POSTED the day of , 2006.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
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