TC Ord. No. 2009-17 Amending Chapter 12.16 of the Avon Muni CodeTOWN OF AVON, COLORADO
ORDINANCE NO. 09-17
SERIES OF 2009
AN ORDINANCE AMENDING CHAPTER 12.16 OF THE AVON MUNICIPAL CODE
WHEREAS, Section 31- 15- 702(1)(a)(III) of the Colorado Revised Statutes authorizes
municipalities to regulate the use of sidewalks and require the owner or occupant of any
premises to keep sidewalks free from snow and other obstructions;
WHEREAS, the Town of Avon as a home rule charter community has broad authority to
regulate public right -of -ways and sidewalks with public access within the Town of Avon;
WHEREAS, the Town Council of the Town of Avon held a public hearing on November 10,
2009, after posting notice as required by law, considered all comments, testimony, evidence and
staff reports provided by the Town staff prior to adopting this Ordinance on final reading;
WHEREAS, the Town Council finds that the maintenance and removal of snow from
sidewalks will promote the health, safety and public welfare; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence regarding the application and that approval of this Ordinance on first
reading does not constitute a representation that the Town Council, or any member of the Town
Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal
Code.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, the following:
Section 1. Amendment to Chapter 12.16 of the Avon Municipal Code. The Avon
Municipal Code is hereby amended as follows:
A. Section 12.16.010 Definitions of the Avon Municipal Code is hereby amended by repealing
and reenacting the definition of Abutting property owner in its entirety to read as follows:
"Abutting property owner means the owner of property abutting a public
right -of -way or easement area which contains (1) a sidewalk with the right of
access for the general public, (2) an open storm drainage ditch, or (3) a
driveway culvert which serves such property."
B. Section 12.16.010 Definitions of the Avon Municipal Code is hereby amended by enacting
the definition of Sidewalk to read as follows:
Page 1 of 4
Ordinance No. 09 -17 Amending Sidewalk Regulations
11 -4 -09 ejh
"Sidewalk means any improved pedestrian sidewalk, trail, path or route
located along a street, road, alley or other public way."
C. Section 12.16.020 of the Avon Municipal Code is hereby repealed and reenacted to read as
follows:
"12.16.020 Repair and maintenance.
All storm drainage ditches, driveway culverts and sidewalks located
within a public right -of -way or easement area shall be maintained and
repaired by the abutting property owner. The Town may adopt an official
Town Maintenance and Repair map indicating any storm drainage ditches,
driveway culverts or sidewalks which shall be maintained and /or repaired by
the Town and indicating any sidewalks which shall be exempt from snow
removal maintenance requirements. The official Town Maintenance and
Repair Map may be amended by the Town Council by motion. The abutting
property owner shall be exempt from maintenance and /or repair
responsibilities under this Chapter 12.16 if the official Town Maintenance and
Repair map indicates that the Town shall assume maintenance and /or repair
responsibility. In the event snow and ice on a sidewalk has become so hard
that it cannot be removed without likelihood of damage to the sidewalk, the
person or entity charged with snow removal shall cause enough sand or other
abrasive to be applied on the sidewalk to render pedestrian travel reasonably
safe, and shall then, as soon thereafter as conditions permit, cause such
sidewalk to be thoroughly cleaned. Any repair or reconstruction in a public
right -of -way or easement area shall be done pursuant to Chapter 12.04 of this
Code and in accordance with standards, policies and guidelines duly adopted
by the Town."
D. Section 12.16. 100 of the Avon Municipal Code is hereby enacted to read as follows:
"12.16.100 No Civil Liability.
Violation of these sidewalk snow removal regulations is not intended .to
create any civil liability on any owner, agent of owner, occupant of the Town
on the basis of negligence per se."
Section 2. Codification. 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 3. 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 2 of 4
Ordinance No. 09 -17 Amending Sidewalk Regulations
11 -4 -09 ejh
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 10th day of November, 2009, at the Council Chambers of the von Municipal Building,
located at One Lake Street, Avon, Colorado, on e day of October, 009.
�.
Ronald C. Wolfe, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
APPROVED AS TO FORM:
�Pa Kenny, Clerk Eric Heilolorrown Attorney
INTRODUCED, ALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the 10th day of November, 2009.
i�9 -
Z4;�'u c-
Ronald 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.
Page 4 of 4
Ordinance No. 09 -17 Amending Sidewalk Regulations
II -4 -09 ejh
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 4. 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 5. 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 6. Publication by Postinla. 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 intentionally left blank — signature page follows]
Page 3 of 4
Ordinance No. 09 -17 Amending Sidewalk Regulations
11 -4 -09 ejh
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, Town Engineer, off
Date: October 23, 2009
Re: Ordinance No. 09 -17, An Ordinance Amending Chapter 12.16 of the Avon
Municipal Code
Summary: Attached to this Memorandum is Ordinance 09 -17, an Ordinance amending Chapter
12.16 of the Avon Municipal Code (AMC), Sidewalks (Exhibit A). Chapter 12.16 of the Avon
Municipal Code was last amended in 2007 to state that property owners are responsible for
maintenance of sidewalks that abut their property. Ordinance 09 -17 will clarify the definition of
abutting property owner, define the term sidewalk, require that the Town adopt an official Town
Maintenance and Repair map for storm drainage ditches, driveway culverts and sidewalks that will be
maintained and /or repaired by the Town, and add Section 12.16.100 "No Civil Liability." The goal of
this ordinance is not to change or modify the current maintenance responsibilities of the Town and
private property owners but to clarify those requirements.
Discussion: Ordinance 09 -17 will clarify several definitions in Section 12.16 to make them easier to
enforce and modify Chapter 12.16.020 to outline the maintenance responsibilities of property owners
and the Town for sidewalks, storm drainage ditches, and driveway culverts.
The current definition in Section 12.16.010 of the AMC of abutting property owner is:
"Abutting property owner means an entity holding title to land located beyond the "back of
sidewalk" for areas with sidewalks or to the "back of ditch crest" for areas without sidewalks. In
cases where this title is held by the Town itself, the Town would be the abutting property owner
and would bear maintenance and repair responsibilities as described herein."
This definition needs to be clarified because it currently uses the terms "back of sidewalk" and "back
of ditch crest" which are vague and difficult to define. The ordinance will replace the abutting property
owner definition with:
"Abutting properly owner means the owner of property abutting a public right -of -way or
easement area which contains a sidewalk with the right of access for the general public, a storm
drainage ditch, or a driveway culvert which serves the abutting property."
Chapter 12.16, "Sidewalks" does not include a definition for the term sidewalk. This discrepancy will
be corrected by adding a definition for sidewalk:
"Sidewalk means any improved pedestrian sidewalk, trail, path or route located along a
street, road, alley or other public way for vehicular travel."
Currently, private property owners are responsible for maintaining and removing snow on the
sidewalks abutting their property except for certain exceptions. These exceptions include the
sidewalks along Avon Road, Union Pacific Railroad and the Colorado Department of Transportation
right -of -way. These inconsistencies have made it confusing while attempting to enforce the
ordinance. Section 12.16.020 of the AMC will be amended to eliminate the confusion by having the
Town adopt an official Town Maintenance and Repair Map:
"12.16.020 Repair and maintenance.
All storm drainage ditches, driveway culverts and sidewalks located within a
public right -of -way or easement area shall be maintained and repaired by the
abutting property owner. The Town may adopt an official Town Maintenance and
Repair map indicating any storm drainage ditches, driveway culverts or sidewalks
which shall be maintained and /or repaired by the Town and indicating any
sidewalks which shall be exempt from snow removal maintenance requirements.
The abutting property owner shall be exempt from maintenance and /or repair
responsibilities under this Chapter 12.16 if the official Town Maintenance and
Repair map indicates that the Town shall assume maintenance and /or repair
responsibility. In the event snow and ice on a sidewalk has become so hard that
it cannot be removed without likelihood of damage to the sidewalk, the person or
entity charged with snow removal shall cause enough sand or other abrasive to
be applied on the sidewalk to render pedestrian travel reasonably safe, and shall
then, as soon thereafter as conditions permit, cause such sidewalk to be
thoroughly cleaned. Any repair or reconstruction in a public right -of -way or
easement area shall be done pursuant to Chapter 12.04 of this Code and in
accordance with standards, policies and guidelines duly adopted by the Town."
A new section, 12.16. 100 will be added to the AMC that add a civil liability clause:
"12.16.100 No Civil Liability.
Violation of these sidewalk snow removal regulations is not intended to create
any civil liability on any owner, agent of owner, occupant or the Town on the basis
of negligence per se."
Financial Implications: There are no financial implications in adopting Ordinance 09 -17.
Recommendation: Staff recommends adopting Ordinance No 09 -17, Series 2009, An Ordinance
Amending Chapter 12.16 of the Avon Municipal Code on first reading.
Proposed Motion: I move to approve Ordinance No. 09 -17, Series 2009, An Ordinance Amending
Chapter 12.16 of the Avon Municipal Code on first reading.
Town Manager Comments:
Exhibits:
Exhibits A: Ordinance 09 -17, Series of 2009
• Page 2
Memo
To: The Honorable Mayor and Town Council
Through: Larry Brooks, Town Manager
From: Jennifer Strehler, Director of Public Works and Transportation
Justin Hildreth, Town Engineer
Date: November 10, 2009
Re: Ordinance No. 09 -17 Amending Chapter 12.16 of the Avon Municipal
Code; adoption of the "Town of Avon Sidewalk Maintenance and
Repair Map"
Summary:
This is the second reading for Ordinance 09 -17 which will amend the town code
regarding Sidewalks. A map depicting the sidewalks and trails maintained and
repaired by the town is attached and is requested for adopted by Town Council
motion.
Previous Council Action:
First Reading, October 23, 2009
Discussion:
Ordinance 9 -17 clarifies Section 12.16 for the benefit of the town and property
owners. As described in more detail in the October 23, 2009 memorandum from
Justin Hildreth to Town Council (from first reading, copy attached), the updated
code language adds missing definitions (e.g., "sidewalks "), clarifies definitions
which are currently ambiguous (e.g., "abutting property "), and makes it easier to
enforce code violations.
The Town Attorney prepared the ordinance and resolution language. He included
edits proposed by Town Council at the meeting on October 23, 2009. A copy of the
Ordinance showing the edits from first reading is attached.
In addition, a map, entitled "Town of Avon Sidewalk Maintenance and Repair Map"
and dated 10/29/2009 is requested to be approved by motion. This map identifies
the locations of sidewalk and trail which the town's forces will maintain. Future
updates to the map, showing possible future changes to the geographical areas
which are maintained by the town for example, would require re- adoption of the
map by motion.
Both the map and the revised ordinance have been posted for public viewing as
required.
Financial Implications:
None.
Recommendation:
Staff recommends passage of Ordinance 09 -17.
Motion:
1. I move to approve Ordinance 09 -17, Series 2009, an ordinance amending
Chapter 12.16 of the Avon Municipal Code, on second reading.
2. I move to adopt the "Town of Avon Sidewalk Maintenance and Repair Map"
dated 10/29/2009 as the graphical depiction of which sidewalks and trails
within the Avon town limits are maintained and repaired by the Town.
Town Manager Comments:
Exhibits:
• Ordinance 09 -17
• "Town of Avon Sidewalk Maintenance and Repair Map" dated 10/29/2009.
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TOWN OF AVON, COLORADO
ORDINANCE NO. 09 -17
SERIES OF 2009
AN ORDINANCE AMENDING CHAPTER 12.16 OF THE AVON MUNICIPAL CODE
WHEREAS, Section 31- 15- 702(1)(a)(I11) of the Colorado Revised Statutes authorizes
municipalities to regulate the use of sidewalks and require the owner or occupant of any
premises to keep sidewalks free from snow and other obstructions;
WHEREAS, the Town of Avon as a home rule charter community has broad authority to
regulate public right -of -ways and sidewalks with public access within the Town of Avon;
WHEREAS, the Town Council of the Town of Avon held a public hearing on November 10,
2009, after posting notice as required by law, considered all comments, testimony, evidence and
staff reports provided by the Town staff prior to adopting this Ordinance on final reading;
WHEREAS, the Town Council finds that the maintenance and removal of snow from
sidewalks will promote the health, safety and public welfare; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and the AA4EAvon
Home Rule Charter by setting a public hearing in order to provide the public an opportunity to
present testimony and evidence regarding the application and that approval of this Ordinance on
first reading does not constitute a representation that the Town Council, or any member of the
Town Council, supports, approves, rejects, or denies the proposed amendment to the
Avon Municipal Code.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, the following:
Section 1. Amendment to Chapter 12.16 of the Avon Municipal Code. The Avon
Municipal Code is hereby amended as follows:
A. Section 12.16.010 Definitions of the Avon Municipal Code is hereby amended by repealing
and reenacting the definition of Abutting property owner in its entirety to read as follows:
"Abutting property owner means the owner of property abutting a public
right -of -way or easement area which contains (ta sidewalk with the right of
access for the general public, a(2) an open storm drainage ditch, or (Da
driveway culvert which serves *?'°such property."
B. Section 12.16.010 Definitions of the Avon Municipal Code is hereby amended by enacting
the definition of Sidewalk to read as follows:
Page 1 of 4
Ordinance No. 09 ----17 Amending Sidewalk Regulations
10 2211 -4 -09 ejh
"Sidewalk means any improved pedestrian sidewalk, trail, path or route
located along a street, road, alley or other public way & r v���""
C. Section 12.16.020 of the Avon Municipal Code is hereby repealed and reenacted to read as
follows:
"12.16.020 Repair and maintenance.
All storm drainage ditches, driveway culverts and sidewalks located
within a public right -of -way or easement area shall be maintained and
repaired by the abutting property owner. The Town may adopt an official
Town Maintenance and Repair map indicating any storm drainage ditches,
driveway culverts or sidewalks which shall be maintained and /or repaired by
the Town and indicating any sidewalks which shall be exempt from snow
removal maintenance requirements. The official Town Maintenance and
Repair Map may be amended by the Town Council by motion. The abutting
property owner shall be exempt from maintenance and /or repair
responsibilities under this Chapter 12.16 if the official Town Maintenance and
Repair map indicates that the Town shall assume maintenance and /or repair
responsibility. In the event snow and ice on a sidewalk has become so hard
that it cannot be removed without likelihood of damage to the sidewalk, the
person or entity charged with snow removal shall cause enough sand or other
abrasive to be applied on the sidewalk to render pedestrian travel reasonably
safe, and shall then, as soon thereafter as conditions permit, cause such
sidewalk to be thoroughly cleaned. Any repair or reconstruction in a public
right -of -way or easement area shall be done pursuant to Chapter 12.04 of this
Code and in accordance with standards, policies and guidelines duly adopted
by the Town."
D. Section 12.16.100 of the Avon Municipal Code is hereby enacted to read as follows:
"12.16.100 No Civil Liability.
Violation of these sidewalk snow removal regulations is not intended to
create any civil liability on any owner, agent of owner, occupant or the Town
on the basis of negligence per se."
Section 2. Codification. The codifier of the Town's Municipal Code, Colorado Code
Publishing, is hereby authorized to snake such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code.
Section 3. 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 2 of 4
Ordinance No. 09 ---17 Amending Sidewalk Regulations
10 2211 -4.09 ejh
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 4. 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 5. 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 6. 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 intentionally left blank — signature page follows]
Page 3 of 4
Ordinance No. 09--17 Amending Sidewalk Regulations
10 - 211 -4 -09 ejh
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 10th day of November, 2009, at the Council Chambers of the Avon Municipal Building,
located at One Lake Street, Avon, Colorado, on the 27th day of October, 2009.
Ronald C. Wolfe, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the 10th day of November, 2009.
Ronald 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.
ATTEST:
Patty McKenny, Town Clerk
Page 4 of 4
Ordinance No. 09 ----17 Amending Sidewalk Regulations
10 2211 -4 -09 ejh
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, Town Engineer�vff
Date: October 23, 2009
Re: Ordinance No. 09 -17, An Ordinance Amending Chapter 12.16 of the Avon
Municipal Code
Summary: Attached to this Memorandum is Ordinance 09 -17, an Ordinance amending Chapter
12.16 of the Avon Municipal Code (AMC), Sidewalks (Exhibit A). Chapter 12.16 of the Avon
Municipal Code was last amended in 2007 to state that property owners are responsible for
maintenance of sidewalks that abut their property. Ordinance 09 -17 will clarify the definition of
abutting property owner, define the term sidewalk, require that the Town adopt an official Town
Maintenance and Repair map for storm drainage ditches, driveway culverts and sidewalks that will be
maintained and /or repaired by the Town, and add Section 12.16.100 "No Civil Liability." The goal of
this ordinance is not to change or modify the current maintenance responsibilities of the Town and
private property owners but to clarify those requirements.
Discussion: Ordinance 09 -17 will clarify several definitions in Section 12.16 to make them easier to
enforce and modify Chapter 12.16.020 to outline the maintenance responsibilities of property owners
and the Town for sidewalks, storm drainage ditches, and driveway culverts.
The current definition in Section 12.16. 010 of the AMC of abutting property owner is:
"Abutting property owner means an entity holding title to land located beyond the "back of
sidewalk" for areas with sidewalks or to the "back of ditch crest" for areas without sidewalks. In
cases where this title is held by the Town itself, the Town would be the abutting property owner
and would bear maintenance and repair responsibilities as described herein."
This definition needs to be clarified because it currently uses the terms "back of sidewalk" and "back
of ditch crest' which are vague and difficult to define. The ordinance will replace the abutting property
owner definition with:
"Abutting property owner means the owner of property abutting a public right -of -way or
easement area which contains a sidewalk with the right of access for the general public, a storm
drainage ditch, or a driveway culvert which serves the abutting property."
Chapter 12.16, "Sidewalks" does not include a definition for the term sidewalk. This discrepancy will
be corrected by adding a definition for sidewalk:
"Sidewalk means any improved pedestrian sidewalk, trail, path or route located along a
street, road, alley or other public way for vehicular travel."
Currently, private property owners are responsible for maintaining and removing snow on the
sidewalks abutting their property except for certain exceptions. These exceptions include the
sidewalks along Avon Road, Union Pacific Railroad and the Colorado Department of Transportation
right -of -way. These inconsistencies have made it confusing while attempting to enforce the
ordinance. Section 12.16.020 of the AMC will be amended to eliminate the confusion by having the
Town adopt an official Town Maintenance and Repair Map:
"12.16.020 Repair and maintenance.
All storm drainage ditches, driveway culverts and sidewalks located within a
public right -of -way or easement area shall be maintained and repaired by the
abutting property owner. The Town may adopt an official Town Maintenance and
Repair map indicating any storm drainage ditches, driveway culverts or sidewalks
which shall be maintained and /or repaired by the Town and indicating any
sidewalks which shall be exempt from snow removal maintenance requirements.
The abutting property owner shall be exempt from maintenance and/or repair
responsibilities under this Chapter 12.16 if the official Town Maintenance and
Repair map indicates that the Town shall assume maintenance and/or repair
responsibility. In the event snow and ice on a sidewalk has become so hard that
it cannot be removed without likelihood of damage to the sidewalk, the person or
entity charged with snow removal shall cause enough sand or other abrasive to
be applied on the sidewalk to render pedestrian travel reasonably safe, and shall
then, as soon thereafter as conditions permit, cause such sidewalk to be
thoroughly cleaned. Any repair or reconstruction in a public right -of -way or
easement area shall be done pursuant to Chapter 12.04 of this Code and in
accordance with standards, policies and guidelines duly adopted by the Town."
A new section, 12.16. 100 will be added to the AMC that add a civil liability clause:
"12.16.100 No Civil Liability.
Violation of these sidewalk snow removal regulations is not intended to create
any civil liability on any owner, agent of owner, occupant or the Town on the basis
of negligence per se."
Financial Implications: There are no financial implications in adopting Ordinance 09 -17.
Recommendation: Staff recommends adopting Ordinance No 09 -17, Series 2009, An Ordinance
Amending Chapter 12.16 of the Avon Municipal Code on first reading.
Proposed Motion: I move to approve Ordinance No. 09-17, Series 2009, An Ordinance Amending
Chapter 12.16 of the Avon Municipal Code on first reading.
Town Manager Comments:
Exhibits:
Exhibits A: Ordinance 09 -17, Series of 2009
• Page 2
TOWN OF AVON, COLORADO
ORDINANCE NO. 09 -17
SERIES OF 2009
AN ORDINANCE AMENDING CHAPTER 12.16 OF THE AVON MUNICIPAL CODE
WHEREAS, Section 31- 15- 702(1)(a)(IIl) of the Colorado Revised Statutes authorizes
municipalities to regulate the use of sidewalks and require the owner or occupant of any
premises to keep sidewalks free from snow and other obstructions;
WHEREAS, the Town of Avon as a home rule charter community has broad authority to
regulate public right -of -ways and sidewalks with public access within the Town of Avon;
WHEREAS, the Town Council of the Town of Avon held a public hearing on November 10,
2009, after posting notice as required by law, considered all comments, testimony, evidence and
staff reports provided by the Town staff prior to adopting this Ordinance on final reading;
WHEREAS, the Town Council finds that the maintenance and removal of snow from
sidewalks will promote the health, safety and public welfare; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence regarding the application and that approval of this Ordinance on first
reading does not constitute a representation that the Town Council, or any member of the Town
Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal
Code.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, the following:
Section 1. Amendment to Chapter 12.16 of the Avon Municipal Code. The Avon
Municipal Code is hereby amended as follows:
A. Section 12.16.010 Definitions of the Avon Municipal Code is hereby amended by repealing
and reenacting the definition of Abutting property owner in its entirety to read as follows:
"Abutting property owner means the owner of property abutting a public
right -of -way or easement area which contains (1) a sidewalk with the right of
access for the general public, (2) an open storm drainage ditch, or (3) a
driveway culvert which serves such property."
B. Section 12.16.010 Definitions of the Avon Municipal Code is hereby amended by enacting
the definition of Sidewalk to read as follows:
Page 1 of 4
Ordinance No. 09 -17 Amending Sidewalk Regulations
11 -4 -09 ejh
"Sidewalk means any improved pedestrian sidewalk, trail, path or route
located along a street, road, alley or other public way."
C. Section 12.16.020 of the Avon Municipal Code is hereby repealed and reenacted to read as
follows:
"12.16.020 Repair and maintenance.
All storm drainage ditches, driveway culverts and sidewalks located
within a public right -of -way or easement area shall be maintained and
repaired by the abutting property owner. The Town may adopt an official
Town Maintenance and Repair map indicating any storm drainage ditches,
driveway culverts or sidewalks which shall be maintained and /or repaired by
the Town and indicating any sidewalks which shall be exempt from snow
removal maintenance requirements. The official Town Maintenance and
Repair Map may be amended by the Town Council by motion. The abutting
property owner shall be exempt from maintenance and /or repair
responsibilities under this Chapter 12.16 if the official Town Maintenance and
Repair map indicates that the Town shall assume maintenance and /or repair
responsibility. In the event snow and ice on a sidewalk has become so hard
that it cannot be removed without likelihood of damage to the sidewalk, the
person or entity charged with snow removal shall cause enough sand or other
abrasive to be applied on the sidewalk to render pedestrian travel reasonably
safe, and shall then, as soon thereafter as conditions permit, cause such
sidewalk to be thoroughly cleaned. Any repair or reconstruction in a public
right -of -way or easement area shall be done pursuant to Chapter 12.04 of this
Code and in accordance with standards, policies and guidelines duly adopted
by the Town."
D. Section 12.16. 100 of the Avon Municipal Code is hereby enacted to read as follows:
"12.16.100 No Civil Liability.
Violation of these sidewalk snow removal regulations is not intended to
create any civil liability on any owner, agent of owner, occupant or the Town
on the basis of negligence per se."
Section 2. Codification. 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 3. 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
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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 4. 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 5. 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 6. 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 tlne T own 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.
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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 10th day of November, 2009, at the Council Chambers of the Avon Municipal Building,
located at One Lake Street, Avon, Colorado, on the 27th day of October, 2009.
Ronald C. Wolfe, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the 10th day of November, 2009.
Ronald 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.
ATTEST:
Patty McKenny, Town Clerk
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