TC Ord. No. 2008-11 Amending title 10 of the avon municipal code to enact a schedule of fines for parking violations enact authority to boot and impound vehicles with parking violations and establish a commerical core for increased parking finesTOWN OF AVON, COLORADO
ORDINANCE NO. 08-11
SERIES OF 2008
AN ORDINANCE AMENDING TITLE 10 OF THE AVON MUNICIPAL CODE TO
ENACT A SCHEDULE OF FINES FOR PARKING VIOLATIONS, ENACT
AUTHORITY TO BOOT AND IMPOUND VEHICLES WITH PARKING VIOLATIONS,
AND ESTABLISH A COMMERCIAL CORE FOR INCREASED PARKING FINES
WHEREAS, pursuant to § 31-15-103, et. seq., C.R.S., and the home rule powers of the
Town of Avon (the "Town"), the Town Council has the power to adopt ordinances for promotion
and preservation of public health, safety, and welfare; and
WHEREAS, pursuant to § 31-15-702(1)(a)(VII), et. seq., C.R.S., and the home rule
powers of the Town, the Town Council has the authority to regulate traffic upon the streets
within the Town; and
WHEREAS, the Town has previously adopted Title 10 of the Municipal Code for the
Town of Avon (the "Code") concerning the regulation of vehicles and traffic; and
WHEREAS, the Town Council desires to designate a commercial core ("Commercial
Core") as the area of town where significant commercial activity occurs; and
WHEREAS, the Town Council finds that vehicles parked in violation of official posted
signs providing notice of stopping or standing restrictions or prohibitions potentially endanger
the safety of citizens and impede the efficient movement of traffic; and
WHEREAS, the Town Council recognizes that the Commercial Core area of Avon have
more vehicle traffic and that illegally parked vehicles increase congestion, interfere with
commercial activity, inhibit emergency vehicle access, impede pedestrian movement and have a
greater negative impact to public and safety and economic health of the community; and
WHEREAS, such illegally parked vehicles also cause or risk causing a negative impact
on the commercial operations of the Commercial Core; and
WHEREAS, the Town Council desires to proscribe the negative effects of illegally
parked vehicles within the Town by establishing penalty assessments for parking violations; and
WHEREAS, the Town Council desires to proscribe the negative or potentially negative
impacts of illegally parked vehicles on the commercial operations of the Commercial Core by the
imposition of increased penalty assessments for parking violations within the Commercial Core;
and
WHEREAS, the Town Council desires to amend Title 10 of the Code by defining the
Town's Commercial Core and by establishing penalty assessments for parking violations; and
WHEREAS, the Town Council finds that the passage of this Ordinance will promote and
preserve the health, safety and welfare of the Avon community.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. Repealed and Reenacted. Chapter 10.04.040 of the Municipal Code for the
Town of Avon is hereby repealed and re-enacted to read as follows:
10.04.040 Violation - penalty.
The following penalties shall apply to this Title 10:
(1) It is unlawful for any person to violate any provision adopted in Title 10
of the Municipal Code for the Town of Avon.
(2) Any person violating any provision of this Title 10 shall be guilty of a
misdemeanor, and upon conviction thereof, shall be subject to a fine set forth in
Chapter 10.06, or where punishment by a fine is not set forth in Chapter 10.06,
shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished
in accordance with the provisions of Section 1.08.010 of this Code.
(3) The Municipal Court reserves the authority to order a schedule of fines in
accordance with Colorado Municipal Court Rules of Procedure Rule 210(b)(5)
provided that such schedule of fines is not inconsistent with any specific fine set
forth in Chapter 10.06.
(4) In the event that a Complaint is signed by the owner, tenant or person in
possession of the private parking lot or property under Section 10.04.060 and then
such person subsequently withdraws the Complaint, the Municipal Court may
charge a ten dollar ($10.00) fee.
Section 2. Enacted. Chapter 10.06 of the Municipal Code for the Town of Avon is
hereby enacted to read as follows:
Chapter 10.06
Fines for Violations
10.06.010 Schedule of fines.
(a) The fines listed in the following schedule are the minimum fines that may
be imposed for violations of the Sections of the Avon Municipal Code or Adopted
Model Traffic Code for Colorado Municipalities listed therein. Any vehicle
parked in violation of a Town ordinance or other provision of this Code other than
those in the following schedule shall cause the person or persons liable for the
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Ord. No. 08-11 Parking Violations v8
violation to be assessed a minimum fine of fifteen dollars ($15.00).
(b) Schedule of fines if paid by twenty (20) days after the date of issuance of
the citation:
Code
Description
Sanction
Unlawful parking on private
parking lots; violation of
10.04.060
posted signs
(anywhere in Town)
$35
Unlawful parking in restricted
10.08.020
use area
(anywhere in Town)
$35
10.10.060
Double Parking
$35
Emergency lane parking
10.12.060
(anywhere in Town)
$35
MTC
Parking on the main-traveled
1202
portion of the roadway
Or
(non-Commercial Core area)
$15
10.14.010
(Commercial Core)
$35
Stopping, Standing, or Parking
MTC
Prohibited in specified places.
1204
(non-Commercial Core area)
$15
(Commercial Core)
$35
Where permitted, parking with
right-hand wheels in excess of
MTC
12 inches from curb
1205
(non-Commercial Core area)
$15
(Commercial Core)
$35
MTC
1208
Or
Disabled Parking
10.16.010
(anywhere in Town)
$100
10.06.020 Automatic fine increase.
The amount of a fine set forth in 10.06. 10 (b) shall automatically increase by
thirty-five dollars ($35.00) if not paid by twenty (20) days after the date of the
issuance of the citation. The date of payment for this Section 10.06.020 shall be
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Ord. No. 08-11 Parking Violations v8
the date the payment is delivered to the Municipal Court or, if mailed, the date the
payment is postmarked if properly addressed to the Municipal Court.
10.06.030 Default judgment; Fee.
If the fine has not been paid by sixty (60) days after the date of the issuance of
the citation and the defendant has not requested a court hearing on the citation, a
default judgment shall be automatically entered and a fee of fifty dollars ($50.00)
shall be added to the fine amount. The date of payment for this Section
10.06.030 shall be the date that payment is actually received by the Municipal
Court.
10.06.040 Mailed notice of default judgment.
The Town shall send a mailed notice of the entry of a default judgment for the
parking citation to the registered owner of the vehicle within five (5) business
days of the entry of the default judgment. The Town's failure to provide such
notice shall not render the Town liable for booting, towing or impounding
vehicles for outstanding and unpaid parking citations in accordance with the
provisions of Chapter 10.10.
10.06.50 Calculation of time.
If the last day is a Saturday, Sunday or Legal Holiday, then the applicable day
shall the next day that is not a Saturday, Sunday, or Legal Holiday.
Section 3. Repealed and Reenacted. Chapter 10.08.080 Violation - penalty of the
Municipal Code for the Town of Avon is hereby repealed and re-enacted to read as follows:
10.08.080 Violation - penalty.
Any person violating any provision of this Chapter 10.08 shall be guilty of a
misdemeanor, and upon conviction thereof, shall be subject to a fine set forth in
Chapter 10.06 and shall also be subject to restitution for any property damage
resulting from violation of this Chapter.
Section 4. Enacted. Chapter 10.10 of the Municipal Code for the Town of Avon is
hereby enacted to read as follows:
Chapter 10.10
General Parking Regulations
10.10.010 Parking Violation Notice; Issuance.
(a) A copy of the citation for unlawful parking need not be personally served
upon the owner or operator of the vehicle but may be served by attaching a copy
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Ord. No. 08-11 Parking Violations v8
of such notice or citation to the vehicle. Citations may be issued by Police
Officers, a municipally hired police parking monitor or authorized private
contractor approved by the Chief of Police.
(b) The citation shall include the date, time, and location of the violation; the
state license number of the vehicle unlawfully parked; reference to the Town
ordinance or Code provision violated; a notice that (1) within twenty (20)
calendar days after the date that the citation is issued the stated fine for the
violation must be paid and received by the Town, (2) the fine amount shall
automatically increase in accordance with 10.06.020 after twenty (20) calendar
days, and (3) a request made for a hearing to the contest the alleged violation must
be made and received by the Town by thirty (30) days after the date of the
citation.
(c) The citation, or copy thereof, shall constitute prima facie evidence of the
parking infraction.
(d) The Town may contract with a private person or entity for the collection
of civil judgments in parking cases.
10.10.020 Request for hearing.
The person or persons liable for the parking violation may request a hearing
for consideration of the citation by one of the following methods:
(a) By contacting the Town in person, by representation, by telephone, or by
mail, within the thirty (30) calendar day period from the date on which the
citation was issued and requesting a hearing to contest the alleged violation. A
request for a hearing will be considered received by the Town if it is actually
received by the Municipal Court within thirty (30) calendar days after the date the
citation was issued. A request for a hearing made by telephone will be considered
received the day it is made if it is received by a Municipal Court employee
between the hours of eight (8:00) A.M. and five (5:00) P.M. of any day, except on
Saturday, Sunday, or a Town holiday.
(b) By appearing in person at the Municipal Court within the thirty (30)
calendar day period from the date on which the citation was issued and requesting
an initial appearance before a Hearing Officer to explain the circumstances of the
alleged violation.
10.10.030 Parking violation hearings and trials.
(a) A civil traffic hearing for a parking violation may be heard by the
municipal judge pursuant to applicable State statutes and the Colorado Supreme
Court Rules of Procedure in Traffic Violation Cases. The municipal judge may
make such orders as may be necessary and proper to dispose of such cases,
including reduction or increase of fine amounts notwithstanding the schedule of
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Ord. No. 08-11 Parking Violations v8
fines set forth in Chapter 10.06.
(b) The municipal judge at the initial appearance may accept the defendant's
explanation and dismiss the citation or the municipal judge shall inform the
defendant that the fine must be paid or a request must be made for a civil traffic
hearing or trial to contest the alleged violation.
(c) Failure to request a civil traffic hearing or trial for a parking violation will
result in a default judgment for the amount of the civil sanction.
10.10.040 Booting, towing and impoundment of vehicles for outstanding
citations.
(a) Whenever any police officer finds a vehicle, attended or unattended,
standing upon any portion of a street or upon any place within this municipality in
violation of the provisions of this Chapter, the Town may cause a boot to be
placed upon the vehicle or may cause the vehicle to be towed and impounded if
the registered owner of the vehicle has two (2) or more outstanding parking
citations that have gone unpaid and have resulted in default judgments.
(b) The Town shall cause the boot to be released upon payment of the
outstanding parking citations and fees in addition to a seventy-five dollar ($75.00)
booting charge.
(c) If the boot is not released within 72 hours (which does not include the
day the vehicle was booted, nor weekends or holidays), the officer shall require
the vehicle to be removed or cause it to be removed and placed in storage in the
nearest garage or other place of safety designated or maintained by this
municipality in accordance with the impoundment provisions of Chapter 10.14.
(d) The vehicle shall be released to the registered owner upon payment of the
outstanding parking citations and the charges for towing and storage of the
vehicle in addition to any impoundment charges.
(e) Impoundment of vehicles for unpaid parking citation default judgments
shall be in accordance with the authority and procedures for impoundment, notice
and sale set forth in Chapter 10.14 Parking and Impoundment.
10.10.050 Commercial Core
The Commercial Core of the Town of Avon shall include the streets, right-of-
ways and areas of Town as approved by the Municipal Court by published order
and prominently posted in a place where fines are to be paid. The Commercial
Core area may be amended from time to time by the Municipal Court.
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Ord. No. 08-11 Parking Violations v8
10.10.060 Double Parking Prohibited
(a) No person shall park in a manner so as to occupy, or partially occupy,
more than one designated parking stall area per vehicle. It shall be a defense to
any violation that snow accumulations obscured parking stall designations or
striping.
(b) Any person violating any provision of this Chapter 10.12 shall be guilty
of a misdemeanor, and upon conviction thereof, shall be subject to a fine set forth
in Chapter 10.06.
Section 5. Repealed and Reenacted. Chapter 10.12.060(b) of the Municipal Code for the
Town of Avon is hereby repealed and re-enacted to read as follows:
(b) Any person violating any provision of this Chapter 10.12 shall be guilty
of a misdemeanor, and upon conviction thereof, shall be subject to a fine set forth
in Chapter 10.06.
Section 6. Enacted. Chapter 10.14 of the Municipal Code for the Town of Avon is
hereby amended to enact Section 10. 14.025 to read as follows:
10.14.25 Violation - penalty.
Any person violating any provision of this Chapter 10.14 shall be guilty of a
misdemeanor, and upon conviction thereof, shall be subject to a fine set forth in
Chapter 10.06.
Section 7. Repealed and Reenacted. Chapter 10.16.020 Violation - penalty of the
Municipal Code for the Town of Avon is hereby repealed and re-enacted to read as follows:
10.16.020 Violation - penalty.
Any person violating any provision of this Chapter 10.16 shall be guilty of a
misdemeanor, and upon conviction thereof, shall be subject to a fine set forth in
Chapter 10.06.
Section 8. Codification Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code.
Section 9. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
Page 7 of 9
Ord. No. 08-11 Parking Violations v8
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 10. Effective Date. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 11. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 12. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right and
for the enforcement of such penalty, liability, or right and for the purpose of sustaining any
judgment, decree or order which can or may be rendered, entered or made in such actions, suits
or proceedings, or prosecutions imposing, inflicting or declaring such penalty or liability or
enforcing such right, and shall be treated and held as remaining in force for the purpose of
sustaining any and all proceedings, actions, hearings and appeals pending before any court or
administrative tribunal.
Section 13. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[remainder of page intentional left blank - signature page, follows]
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Ord. No. 08-11 Parking Violations v8
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 p.m. on
the 9-L-4' day of gEZ- , 2008, at the Council Chambers of the Avon Municipal
Building, located at 400 Benchmark Road, Avon, C ra on the 11 th day of November, 2008.
CYYA,~.§!p F:ARonald C. Wolfe, Mayor
Published by dt~least- t e public places in Town and posting at the office of the Town
Clerk at least nal action by the Town Council.
.
ATTEST:
2~7
Pat M I
INTROD
ORDER1
:enny, w Clerk
~FF11p Y APPROVED, AND PASSED ON SECOND READING, AND
D..PUBLISHlRp Y POSTING on the 9l~day ofl) t~iW 8.
o C
onald C. Wolfe, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
AT T:
3
Patty Kenny, Jerk
('~j ~
Page 9 of 9
Ord. No. 08-11 Parking Violations v8
• Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Brian Kozak, Chief of Police
Dube November 5, 2008
AVON
C O L O R A D O
Re: AN ORDINANCE AMENDING TITLE 10 OF THE AVON MUNICIPAL
CODE TO ENACT A SCHEDULE OF FINES FOR PARKING
VIOLATIONS, ENACT AUTHORITY TO BOOT AND IMPOUND
VEHICLES WITH PARKING VIOLATIONS, AND ESTABLISH A
COMMERCIAL CORE FOR INCREASED PARKING FINES
Introduction and Background:
Ordinance 08-11 amends Title 10 of the Avon Municipal Code. The Town desires to
establish an ordinance regulating parking to prevent congestion, allow for emergency
• vehicle access and allow commercial operations. Thus, there is a desire to establish a
commercial core, where penalty assessments for parking violations are increased. In
addition, the ordinance specifies enhanced penalties for non payment of parking citations in
an effort to increase voluntary payment.
Discussion:
Approval of the Ordinance No 08-11 will clean up Chapter 10 and cause the following:
■ Establish a minimum penalty assessment of $15 for parking violations.
■ Establish a minimum penalty assessment of $35 for violations occurring in a
designated commercial core, to deter long-term and skier parking.
■ Establish a $35 late fee for violations that are not paid in twenty (20) days after the
date of the issuance of the citation, to increase voluntary payment.
■ Establish an additional $50 default judgment fee if the violation is not paid within sixty
(60) days, to recover the cost of fine management and collection. Prior to this fee
being assessed the Court will send a warning letter to the registered vehicle owner.
■ Establish a procedure to require the Court to notify the registered vehicle owner of
default judgments.
■ Establish a procedure for parking violation hearings, if requested by the defendant.
® ■ Allow the Police Department to tow or boot repeat violators who have two (2) or more
outstanding and unpaid violations.
■ Allow the Police Department to recover the cost of booting a vehicle, which is
designated at $75. •
■ Allow the Court to designate a commercial core area
■ Establish guidelines for issuing of parking citations
■ Permit the Court to collect a $10 fee from a property owner who requests that a
parking citation be issued and then later dismissed.
■ Clean up the chapter by placing all penalty requirements into one section.
Recommendation:
Staff recommends adoption of Ordinance 08-11 as written.
Recommended Motion:
move to adopt Ordinance 08-11, an ordinance amending Title 10 of the Avon Municipal
Code.
Town Manager Comments:
Attachments:
Exhibit A: Ordinance No 08-11
Exhibit B: Map of the commercial core area
0
Ill
• Memo .__AV ON
C O L 0 R A ll 0
To: Honorable Mayor and Town Council
Thru: Lary Brooks, Town Manager
Fran: Brian Kozak, Chief of Police
Date December 4, 2008
Re: Second Reading of Amendment to Title 10 of the Avon Municipal Code
(Ordinance #08-11)
Introduction:
Ordinance 08-11 amends Title 10 of the Avon Municipal Code.
Background:
The Town desires to establish an ordinance regulating parking to prevent congestion, allow
for emergency vehicle access and allow commercial operations. Thus, there is a desire to
• establish a commercial core, where penalty assessments for parking violations are
increased. In addition, the ordinance specifies enhanced penalties for non payment of
parking citations in an effort to increase voluntary payment.
Discussion:
Approval of the Ordinance No 08-11 will clean up Chapter 10 and cause the following:
■ Establish a minimum penalty assessment of $15 for parking violations.
■ Establish a minimum penalty assessment of $35 for violations occurring in a
designated commercial core, to deter long-term and skier parking. (Commercial core
area map is attached and has been expanded based on comments from the 1St
reading of the ordinance)
■ Establish a $35 late fee for violations that are not paid in twenty (20) days after the
date of the issuance of the citation, to increase voluntary payment.
■ Establish an additional $50 default judgment fee if the violation is not paid within sixty
(60) days, to recover the cost of fine management and collection. Prior to this fee
being assessed the Court will send a warning letter to the registered vehicle owner.
■ Establish a procedure to require the Court to notify the registered vehicle owner of
default judgments.
■ Establish a procedure for parking violation hearings, if requested by the defendant.
0
■ Allow the Police Department to tow or boot repeat violators who have two (2) or more
outstanding and unpaid violations. •
■ Allow the Police Department to recover the cost of booting a vehicle, which is
designated at $75. (The PD completed a survey of 15 municipalities - most charged
$25 and the highest fee was in Aspen at $80 for a boot removal fee)
■ Allow the Court to designate a commercial core area
■ Establish guidelines for issuing of parking citations
■ Permit the Court to collect a $10 fee from a property owner who requests that a
parking citation be issued and then later dismissed.
■ Clean up the chapter by placing all penalty requirements into one section.
■ Based on recommendations from the 1St reading section 10.10.060 was added to
address the double parking issue.
Recommendation:
Staff recommends adoption of Ordinance 08-11 as written.
Recommended Motion:
I move,to adopt Ordinance 08-11, an ordinance amending Title 10 of the Avon Municipal
Code. •
Town Manager Comments:
Attachments:
Exhibit A: Ordinance No 08-11
Exhibit B: Map of the commercial core area
is