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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 0110 tu 4i 0 Co Lr —1 OMNI co E- ca (D o 0 M CD > !•�� /if 0 0 �a in > < 0 a) -S? 0 (1) CL rf fFCD • 70 r- 70 0 1 • .. 0 cxo 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. 2 —� CL CD �� �■r cu 1 n El �o. Q m • � EQm S Y mA; yo 0 a .��m 0 � o oo Q � � c O.J —� CL CD �� �■r cu 1 n El 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 Page 2 of 4 Ordinance No. 09 -17 Amending Sidewalk Regulations I1 -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 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. [remainder of page intentionally left blank — signature page follows] Page 3 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 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 Page 4 of 4 Ordinance No. 09 -17 Amending Sidewalk Regulations 11 -4 -09 ejh