TC Ord. No. 2010-11 Amending Chapter 5.12 of the Avon Muni Code Concerning Booting RegulationsTOWN OF AVON, COLORADO
ORDINANCE NO. 10 -11
SERIES OF 2010
AN ORDINANCE AMENDING CHAPTER 5.12 OF THE
AVON MUNICIPAL CODE CONCERNING BOOTING REGULATIONS
WHEREAS, the Avon Town Council adopted Ordinance No. 09 -10 which enacted
regulations concerning booting of vehicles on private property and the Town of Avon recently
reviewed various aspects of existing booting regulations to determine if amendments would
improve the effectiveness of booting regulations; and
WHEREAS, the use of booting by private parking enforcement companies is not currently
regulated by the State of Colorado and the District Attorney for the Fifth Judicial District in the
State of Colorado has issued an advisory opinion that booting of a vehicle by a private party
without the consent of the vehicle owner constitutes Second Degree Criminal Tampering
pursuant to C.R.S. §18 -4 -506 and criminal motor vehicle tampering pursuant to C.R.S. §42 -5 -03;
and
WHEREAS, pursuant to C.R.S. §31 -15 -103 and §31 -15 -104, and pursuant to 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, including the authority to
regulate parking enforcement companies that immobilize and boot motor vehicles without the
consent of the owner of the motor vehicle within the municipal limits of the Town; and
WHEREAS, the Town Council finds that amendment of regulations that license and permit
parking enforcement companies and permit the limited use of immobilization and booting of
motor vehicles will enhance the ability of private property owners to enforce parking regulations
on their property, which will thereby improve the function of private parking areas and
compliance with parking requirements for developed properties as approved and regulated by the
Town under the Town's land use regulations, and therefore the Town Council finds that passage
of this Ordinance will promote and preserve the health, safety and welfare of the Avon
community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of 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 this ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
SECTION 1. RECITALS INCORPORATED. The above and foregoing recitals are incorporated
herein by reference and adopted as findings and determinations of the Town Council.
SECTION 2. SECTION 5.12.110 AMENDED. The Avon Municipal Code, Section
5.12.110 Written notice of tow /immobilization rates and hours. sub - section (b)(1) is hereby
amended by repealing 5.12.110(b)(1) in its entirety and reenacting it to read as follows:
"(1) Provide a notice affixed to the vehicle in a conspicuous and obvious manner
containing the name, address, telephone number, and license number of the parking
enforcement company that placed the boot on the vehicle, the amount of the boot removal
fee, the right to have the boot removed within ninety (90) minutes of contacting the
parking enforcement company, the name and telephone number of the property owner or
manager authorizing the boot, the signature of the parking enforcement company operator
or designee, and a description of the right to request a post- seizure hearing under this
Chapter 5.12;"
SECTION 3. 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. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance, such corrections
may include spelling, reference, citation, enumeration, and grammatical errors.
SECTION 4. 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
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 5. 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 6. 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 7. 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
Page 2 of 4
Amendments to Booting Regulations 7 -27 -10 FINAL
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 H. 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]
Page 3 of 4
Amendments to Booting Regulations 7 -27 -10 FINAL
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 27`h day of July, 2010, at the Council Chambers af 1,he Avon Municipal Building, located at
400 BenShmarAvon,rl olorado, on the 13` day July, 2010.
Ronald C. Wolfe, Mayor
Publishet three public places in Town and posting at the office of the Town
Clerk at to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Lenny, To3waVlerk Eric Heil, Town Attorney
I RO UCE ,, FIN LY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PU ED BY POSTING on the 27`h day of July, 2010.
�o N OF AVpN /
:. S Ronald C. Wolfe, Mayor
p in at least three public places in Town and posting by title at the
office of the
Page 4 of 4
Amendments to Booting Regulations 7 -27 -10 FINAL
HEIL LAW
& PLANNING, LLC
0 MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: July 22, 2010
SUBJECT: Second Reading of Ordinance No. 10 -11 Amending Booting
Regulations
Summary: Ordinance No. 10 -11 amends Chapter 5.12 Vehicle Impoundment to
incorporate direction by the Town Council concerning vehicle booting practices.
Background: Town Council held a public hearing on June 8, 2010 concerning a one
year review of the booting regulations. Town Council passed first reading of Ordinance
No. 10 -11 on July 13, 2010. A public hearing must be held on second reading pursuant
to the Avon Home Rule Charter.
Amendments: The proposed amendments in Ordinance No. 10 -11 include: (1) a
amendment to require parking enforcement companies to accept payment by credit
card; and (2) a requirement to include the telephone number of the property owner or
• property manager who authorized vehicle impoundment on the notice that is placed on
the booted vehicle. The language of each amendment is set forth as follows:
First amendment: 5.12.080(4)e. The parking enforcement company shall accept
pavment by credit card of the boot removal fee in addition to acceotina Davment in cash
or by other means. The parking enforcement company shall obtain, carry and maintain
in working order such portable credit card payment equipment as may be necessary to
accept payment by credit card at the location of the placement and removal of a boot.
Second Amendment: 1) Provide a notice affixed to the vehicle in a conspicuous and
obvious manner containing the name, address, telephone number, and license number
of the parking enforcement company that placed the boot on the vehicle, the amount of
the boot removal fee, the right to have the boot removed within ninety (90) minutes of
contacting the parking enforcement company, the name and telephone number of the
property owner or manager authorizing the boot, the signature of the parking
enforcement company operator or designee, and a description of the right to request a
post- seizure hearing under this Chapter 5.12
Proposed Motion: "I move to approve second and final reading of Ordinance No. 10-
11 AN ORDINANCE AMENDING CHAPTER 5.12 OF THE AVON MUNICIPAL CODE
CONCERNING BOOTING REGULATIONS"
Thanks, Eric
•
Heil Law & Planning, LLC Eric Heil, Esq., A.i.C.P.
1499 Blake Street, Unit 1 -G Tel: 303.975.6120
Denver, CO 80202 eheil @avon.org
�4
TOWN OF AVON, COLORADO
ORDINANCE NO. 10 -11 •
SERIES OF 2010
AN ORDINANCE AMENDING CHAPTER 5.12 OF THE AVON MUNICIPAL CODE
CONCERNING BOOTING REGULATIONS
WHEREAS, the Avon Town Council adopted Ordinance No. 09 -10 which enacted
regulations concerning booting of vehicles on private property and the Town of Avon recently
reviewed various aspects of existing booting regulations to determine if amendments would
improve the effectiveness of booting regulations; and
WHEREAS, the use of booting by private parking enforcement companies is not currently
regulated by the State of Colorado and the District Attorney for the Fifth Judicial District in the
State of Colorado has issued an advisory opinion that booting of a vehicle by a private party
without the consent of the vehicle owner constitutes Second Degree Criminal Tampering
pursuant to C.R.S. § 18 -4 -506 and criminal motor vehicle tampering pursuant to C.R.S. §42 -5 -03;
and
WHEREAS, pursuant to C.R.S. §31 -15 -103 and §31 -15 -104, and pursuant to 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, including the authority to
regulate parking enforcement companies that immobilize and boot motor vehicles without the
consent of the owner of the motor vehicle within the municipal limits of the Town; and •
WHEREAS, the Town Council finds that amendment of regulations that license and permit
parking enforcement companies and permit the limited use of immobilization and booting of
motor vehicles will enhance the ability of private property owners to enforce parking regulations
on their property, which will thereby improve the function of private parking areas and
compliance with parking requirements for developed properties as approved and regulated by the
Town under the Town's land use regulations, and therefore the Town Council finds that passage
of this Ordinance will promote and preserve the health, safety and welfare of the Avon
community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of 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 this ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
SECTION 1. RECITALS INCORPORATED. The above and foregoing recitals are incorporated
herein by reference and adopted as findings and determinations of the Town Council. •
• SECTION 2. SECTION 5.12.080 AMENDED.
5.12.080 Rules and Regulations, subsection
additional language:
The Avon Municipal Code, Section
(4) is hereby amended to enact the following
"5.12.080(4)e. The parking enforcement company shall accept payment by credit card of
the boot removal fee in addition to accepting payment in cash or by other means. The
parking enforcement company shall obtain, carry and maintain in working order such
portable credit card payment equipment as may be necessary to accept payment by credit
card at the location of the placement and removal of a boot."
SECTION 3. SECTION 5.12.110 AMENDED. The Avon Municipal Code, Section
5.12.110 Written notice of tow /immobilization rates and hours. sub - section (b)(1) is hereby
amended by repealing 5.12.110(b)(1) in its entirety and reenacting it to read as follows:
"(1) Provide a notice affixed to the vehicle in a conspicuous and obvious manner
containing the name, address, telephone number, and license number of the
parking enforcement company that placed the boot on the vehicle, the amount of
the boot removal fee, the right to have the boot removed within ninety (90)
minutes of contacting the parking enforcement company, the name and telephone
number of the property owner or manager authorizing the boot, the signature of
the parking enforcement company operator or designee, and a description of the
right to request a post- seizure hearing under this Chapter 5.12;"
• SECTION 4. 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. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance, such corrections
may include spelling, reference, citation, enumeration, and grammatical errors.
•
SECTION 5. 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
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 6. 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.
Page 2 of 4
Amendments to Booting Regulations 7 -7 -10
SECTION 7. 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 8. 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 9. 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]
•
Page 3 of 4
Amendments to Booting Regulations 7 -7 -10
,l
• 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 27th day of July, 2010, at the Council Chambers of the Avon Municipal Building, located at
400 Benchmark Road, Avon, Colorado, on the 13th day of July, 2010.
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 27th day of July, 2010.
• 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
Amendments to Booting Regulations 7 -7 -10