TC Minutes 08-14-1979r 46
MINUTES OF THE REGULAR MEETING
OF THE TOWN OF AVON, COUNCILMEMBERS
HELD AUGUST 14, 1979 - 8:00 P.M.
The Regular Meeting of the Town Councilmembers of the Town of Avon,
Colorado was held in the Town Office, second floor, Benchmark Shopping
Center, Avon, Colorado.
The meeting was called to order by Mayor Pro Tem Carol Richards at
8:00 P.M. following a meeting of the Local Liquor Licensing Authority
of the Town of Avon. A roll call was taken with the following Council-
members in attendance: William Doyle, Steven Erickson, Allan Nottingham,
Carol Richards and A.J. Wells. Also present were Jerrell Davis of
Rocky Mountain Cable Television, Nicky Kenney of Newman and Associates,
Morey Nottingham, Peter Gutting of Blair, Denton & Gutting, Planners,
Mark Donaldson of CJB Co., Police Chief Kenneth Sortland, Town Attorney
John Blish, as well as members of the press and public.
Resolution No. 18 was read, regarding the appointment of Jerre Sortland
as Acting Town Clerk of the Town of Avon, Colorado between and including
August 13, 1979 until August 2q, 1979 when Patricia Doyle, Town Clerk
will return from vacation. Allan Nottingham moved that Resolution No. 18
be adopted. William Doyle seconded the motion and it was unanimously
carried. A copy of Resolution No. 18 is attached to these minutes.
The minutes of July 24, 1979 were presented to the Council. Carol
Richards stated that the minutes were attested to and submitted by
the previous Town Clerk, Tonie Koonce. Allan Nottingham moved that
the minutes be approved as read. William Doyle seconded the motion
and it was unanimously carried.
Bi-monthly financial reports were next reviewed by the Council. After
discussion, William Doyle moved approval of the accounts payable with
the exception of the $6.60 for Rocky Mountain Police Supply. Police
Chief Kenneth Sortland asked that payment be withheld at this time.
Allan Nottingham seconded the motion and it was carried unanimously.
The Parks and Recreation account was discussed. William Doyle moved
approval of the accounts payable, A.J. Wells seconded the motion and
it was unanimously carried.
A discussion concerning a uniform allowance for the Police Department
was held. Kenneth Sortland proposed that a uniform allowance of
$100.00 per month be given to the police chief and each police officer.
The allowance is to offset the initial cost of equipment and uniforms
and the cost of cleaning, maintaining and replacing those items.
Steven Erickson moved in favor of the Police Department uniform al-
lowance. A.J. Wells seconded the motion and it was unanimously
carried.
Kenneth Sortland also requested additional police communication equip-
ment: one portable radio ($900.00+) and one pager ($223.25) at a
total cost of $1,123.25. Steven Erickson moved the additional com-
munication equipment be purchased, A.J. Wells seconded the motion and
it was unanimously carried.
Nicky Kenney from Newman and Associates municipal bond underwriters
approached the Council to explain her company and the services it
could provide the Town of Avon. A.J. Wells asked for the Company's
financial statement and further discussion by the Town Council will
ensue before a decision will be made.
Mark Donaldson of CJB Co. approached the Council for a variance on the zoning
setback for the Buck Creek Plaza. He stated that to meet the Life Safety
Code, a stairway has been altered and that it will intrude six to ten
square feet into a corner of the setback resulting in an _18-foot setback in-
stead of a 20-foot setback. Town Building Administrator Kenneth Richards
stated that he found no problem with the variance. Steven Erickson
moved the variance be approved and William Doyle seconded the motion.
The motion was carried, with A.J. Wells and Allan Nottingham abstained.
Morey Nottingham and Peter Gutting of Blair, Denton & Gutting Planners
approached the Council to ask concerning the annexation of 14 acres and that
it be zoned for multi-family dwellings. Peter Gutting explained
the property is adjacent to the southeast boundary of Avon with road
access through Frank Doll's property. Council asked for a concrete
development plan before approval and Carol Richards expressed concern
regarding the access road.
The second reading of Ordinance No. 79 - 17 (AN ORDINANCE ADOPTING BY
REFERENCE CERTAIN SPECIFIED TITLES AND CHAPTERS OF THE MUNICIPAL CODE
OF THE TOWN OF VAIL, COLORADO; SETTING FORTH THE PENALTIES FOR VIOLATION
THEREOF AND PROVIDING FOR ADDITIONAL DETAILS IN RELATION THERETO) was
held. After discussion, Steven Erickson moved the Ordinance be approved;
A.J. Wells seconded the motion and a roll call vote was taken with all
Councilmembers voting yes. A copy of Ordinance 79 - 17 is attached
to these minutes.
The second reading of Ordinance No. 79 - 18 (AN ORDINANCE PROVIDING
FOR COMPENSATION FOR THE MAYOR OF THE TOWN OF AVON, COLORADO WHILE HE
IS ACTING AS THE CHIEF EXECUTIVE AND ADMINISTRATIVE OFFICER PRIOR TO
THE APPOINTMENT OF A TOWN MANAGER; SETTING OUT THE DETAILS AND DUTIES
OF THE POSITION FOR WHICH COMPENSATION IS BEING.PAID; SETTING OUT THE
TERM DURING WHICH THE COMPENSATION WILL BE PAID AND SETTING FORTH DE-
TAILS IN RELATION THERETO) was presented to the Council. After dis-
cussion, A.J. Wells moved approval of the Ordinance; Steven Erickson
seconded the motion and a roll call vote was taken with all Council-
members voting yes. A copy of Ordinance No. 79 - 18 is attached to
these minutes.
The first reading of Ordinance 79 - 16 (AN ORDINANCE GRANTING A FRAN-
CHISE TO ROCKY MOUNTAIN CABLE TV, INC., ITS SUCCESSORS AND ASSIGNS,
TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE
TOWN OF AVON, COLORADO, AND SETTING FORTH CONDITIONS ACCOMPANYING
THE GRANT OF FRANCHISE AND PROVIDING FOR TOWN APPROVAL AND REGULATION
AND SETTING OUT ADDITIONAL DETAILS IN RELATION THERETO) was held.
John Blish suggested the following changes: Section 10 - "...permit
transfers which convey less than controlling interest in the grantee
corporation with the approval of the Town Council which shall not be
unreasonably withheld"; Section 11, Section 16 - requesting citizens'
complaints submitted in writing to be valid; Section 12 - rate changes
initiated by the FCC or federal government; Section 25 - be deleted
entirely. After discussion, Allan Nottingham moved the Ordinance with
the suggested changes be approved. William Doyle seconded the motion
and a roll call vote was taken with all Councilmembers voting yes.
A copy of Ordinance No. 79 - 16 as corrected is attached to these
minutes.
Ordinance 19, Series of 1979, (AN ORDINANCE A14ENDING ORDINANCE NO. 2,
SERIES OF 1979, BY CHANGING A REFERENCE TO A CERTAIN SECTION OF THE MODEL
TRAFFIC CODE FROM AN INCORRECT TO A CORRECT REFERENCE). Section 3,
incorrect reference 21 - 11 was changed to correct reference 21 - 13.
William Doyle moved the Ordinance be approved as corrected. Allan
Nottingham seconded the motion and a roll call vote was takesl with all
Councilmembers voting yes. A copy of Ordinance 19, Series of 1979 is
attached to these minutes.
Northwest Colorado Council of Governments (NWCOG) has requested support
from the Town of Avon and other western slope communities to stop
Colorado Springs and Aurora, Colorado from taking water from the Holy
Cross Wilderness Area. Allan Nottingham moved a letter be sent to
Governor Richard Lamm to block the attempt to construct water diversion
facilities from the Wilderness Area. Steven Erickson seconded the
motion and it was unanimously carried.
Carol Richards reported that on August 16, 1979 at 10:00 A.M. the meeting
of the CETA Advisary Board will be held. Since Carol Richards will be'
busy here in the Town office, John Blish was asked to attend in her
place.
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The planned meeting with Mr. Dale Andrus and staff of the Bureau of
Land Management (BLM) and Councilmembers on August 23, 1979 at 3:00 P.M.
in Denver was discussed. The topic will be the Buck Creek access to
Wildwood. Attending will be as many Councilmembers as possible, Town
Attorney John Blish, and Michael Blair and George Rosenberg of Bench-
mark Companies.
Resolution 19, Series of 1979 (A RESOLUTION AUTHORIZING THE REMOVAL
OF CERTAIN MATERIAL FROM THE TOWN OFFICES BY DEPARTMENT HEADS AND THEIR
DESIGNEES AND PROVIDING FOR CERTAIN DETAILS IN RELATION THERETO) was
read. Allan Nottingham asked that the wording be corrected from
"...should be returned" to "...shall be returned". Allan Nottingham
moved Resolution 19, Series of 1979 be approved as corrected. William
Doyle seconded the motion and it was unanimously carried. A copy of
Resolution 19 is attached to these minutes.
In other business, John Blish reported a general discussion he and
Mayor Al Alpi had with the State Highway Engineer from Grand Junction,
Richard Prosence regarding the railroad crossing and lighting and
landscaping along Avon Boulevard. It was Richard Prosence' opinion
that a grade separation at the railroad crossing is not practical.
There being no further business before the Council, Steven Erickson
moved the meeting be adjourned, seconded by Allan Nottingham and ad-
journed by the Mayor Pro Tem at 11:45 P.M.
Respectfully submitted,
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ORDINANCE NO. 79-18
SERIES OF 1979
AN ORDINANCE PROVIDING FOR COMPENSATION FOR THE MAYOR OF THE
TOWN OF AVON, COLORADO WHILE HE IS ACTING AS THE CHIEF EXECUTIVE
AND ADMINISTRATIVE OFFICER PRIOR TO THE APPOINTMENT OF A TOWN
MANAGER; SETTING OUT THE DETAILS AND DUTIES OF THE POSITION FOR
WHICH COMPENSATION IS BEING PAID; SETTING OUT THE TERM DURING
WHICH THE COMPENSATION WILL BE PAID AND SETTING FORTH DETAILS
IN RELATION THERETO.
WHEREAS, Section 8.1 of the Charter for the Town of
Avon, Colorado, provides that until such time as the Council
shall appoint a Town Manager, the Mayor shall be the Chief
Executive and Administrative Officer of the Town; and
WHEREAS, the provisions of Section 8.1 of the Town
Charter for the Town of Avon, Colorado, have been altered as
a result of the Special Municipal Referendum Election held in
the Town of Avon, Colorado on July 10, 1979; and
WHEREAS, Section 8.1 of the Charter for the Town of
Avon, Colorado, now additionally provides that "During such
period of time and prior to the appointment of a Town Manager,
the Mayor shall be compensated as the Town Council may determine
by Ordinance"; and
WHEREAS, the Town Council has negotiated with the
Mayor concerning the details of the position referred to;
NOW, THEREFORE, be it ordained by the Town Council of
the Town of Avon, Colorado, that:
Section 1. Term.
The provisions of this Ordinance shall expire at the
time of the call to order of the organizational meeting of the
Avon Town Council as referred to in Section 4.3 of the Town
Charter for the Town of Avon, Colorado, following the regular
Municipal Election to be held on the first Tuesday after the
first Monday in May in the year 1980. It is anticipated that
the date of this organizational meeting will be Tuesday, May 13,
1980. Nothing in this Ordinance shall be construed or inter-
preted to prevent the extension or modification of this Ordinance
to a period of time beyond this expiration date. However, any
such extension or modification must be specifically authorized
by Ordinance if it is intended to be effective beyond the date
herein set out.
Section 2. Time and Compensation.
While acting pursuant to this Ordinance and the provisions
contained herein, the Mayor shall spend an average of three normal
working days per week in pursuit of the duties, activities and
goals of this position as outlined herein and in the discussions
which he has had with the Town Council. The Mavor shall be
compensated at the rate of twelve hundred dollars per month to
be paid in increments of six hundred dollars twice monthly on
the normal pay days for Town employees. At such times as the
Mayor may forsee a need to spend additional time, especially in
connection with a specific project, such as the proposed municipal
building or the issue of bonds by the Town, he may apply to the
Council in advance for authorization for additional compensation,
which-shall be paid at the rate of $11.54 per hour or $92.31 per
day, which figures are based upon the rate of $24,000 per annum.
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Section 3. Additional Benefits.
The Mayor shall be eligible to receive the same benefits
as other Town employees, including, but not limited to: vacation,
paid holidays, sick leave, medical and hospitalization insurance
and life insurance.
Section 4. Mayoral Duties.
It is not the intention of the Council or the purpose
of this ordinance to compensate the Mayor for duties that would
normally have been performed by the Mayor, such as attendance
at Council Meetings, Study Sessions or Ceremonial Functions.
It is the intention of the Council and the purpose of this ordinance
to compensate the Mayor for those activities which he shall under-
take and perform because the Town is without a Town Manager.
The Mayor shall be responsible for general supervision
and coordination of all activities of the Town. This shall
include planning for and supervision of functions which are not
currently in existence, such as snow removal and road maintenance.
He shall also be available to handle and shall handle citizen
inquiries, suggestions and complaints and all other general
contacts and communications which.others may have with the Town.
He shall be responsible for the general management of the Town
and its various departments and functions on a day .to day basis.
He shall have the authority to supervise all employees. He shall
report to the Town Council as requested and upon such matters
as are requested.
Section 5. Authority.
The authority for the enactment of this Ordinance is
the Town Charter for the Town of Avon, Colorado, as amended.
The Town Council may, by this same authority, amend, modify,
repeal or re-enact this ordinance as it may determine.
Section 6. Saving Clause.
If any part, section, subsection, sentence, clause
or phrase of this Ordinance are for any reason held to be
invalid, such decisions shall not affect the validity of the
remaining Sections of the Ordinance; the Town Council hereby
declares that it would have passed this Ordinance in each part,
section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared to be
invalid.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED PUBLISHED ONCE IN FULL, this 24th day of July ,
1979 and a public hearing on this Ordinance shall be held at the
regular meeting of the Town Council of the Town of Avon,
Colorado, on the 14th day of August , 1979, at
7:30 P.M. in the Municipal Offices of the Town o Avon, Colorado.
ATTEST: /
Todn Clerk J
Mayor Pro-Tem
Councilmember f %
V~`~~~~ r,
Counc.i-l-m~Tber
Counci me er(
Coun,Cllmem L
guncilmember
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INTRODUCED, READ ON SECOND READING, APPROVED, PASSED, ENACTED
AND ORDERED PUBLISHED THIS Z day of
1979.
TOWN OF AVON
/
By: IA-el--e. ~O ✓C~,c ~~a c,~
Mayor Proem
ATTEST:
C~ccZ~~ Tow 1 Clerk /
Councilmember
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF A public hearing before the Town
Council of the Town of Avon, Colorado, at 7:30 on the 14th
day of August, 1979 at the Town Hall for the purpose of
considering the adoption of ORDIANCE NO. 79-18:
AN ORDINANCE PROVIDING FOR COMPENSATION FOR
THE MAYOR OF THE TOWN OF AVON, COLORADO WHILE HE IS ACTING
AS THE CHIEF EXECUTIVE AND ADMINISTRATIVE OFFICER PRIOR TO
THE APPOINTMENT OF A TOWN MANAGER; SETTING OUT THE DETAILS
AND DUTIES OF THE POSITION FOR WHICH COMPENSATION IS BEINC
PAID; SETTINC OUT THE TERM DURING WHICH THE COMPENSATION
WILL BE PAID AND SETTING FORTH DETAILS IN RELATION THERETO.
A copy of said ordinance is attached hereto and is also on
file at the office of the Town Clerk and may be inspected
during regular business hours.
Following this hearing, the Council may consider final
passage of this ordinance.
This notice given and published by order of the Town Council
of the Town of Avon, Colorado.
Dated this
TOWN OF AVON, COLORADO p
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
(1', l u.1 7, 9 y
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER; (AVON POST OFFICE)
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL
THE PESTER GAS STATION; AND
THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER
•
RESOLUTION NO. 18
SERIES OF 1979
A RESOLUTION APPOINTING AN ACTING TOWN CLERK; SPECIFYING THE TIME
DURING WHICH THE APPOINTMENT SHALL BE EFFECTIVE AND SETTING OUT A
SPECIFIC DATE ON WHICH THE APPOINTMENT SHALL TERMINATE
WHEREAS, the immediately previous Town Clerk has resigned;
and
WHEREAS, the person who will be the next Town Clerk is on
vacation and will not be available to assume and perform the
responsibilities and duties of the position until approximately
August 27, 1979;
NOW, THEREFORE, be it hereby resolved by the Town Council
of the Town of Avon, Colorado, that:
Section 1. Appointment - Time Period - Limitation of
Authority.
Jerre Sortland is hereby appointed to serve as
Acting Town Clerk of the Town of Avon, Colorado between and
including August 13, 1979, until August 27, 1979, on which
date this appointment shall automatically terminate without
further action by the Town Council. This appointment shall
include authorization to perform the routine duties and
functions of the position of Town Clerk, but does not include
authorization to initiate action or projects beyond routine
matters unless so specifically directed by the ?Mayor or Mayor
Pro Tem or the Town Council.
Section 2. If any part, section, subsection, sentence,
clause, or phrase of this Resolution is for any reason held
to be invalid, such decision shall not affect the validity of
the remaining portions of this Resolution, and the Town Council
hereby declares it would have passed this Resolution, and each
part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
INTRODUCED, PASSED, RESOLVED AND ADOPTED AND ORDERED PUBLISHED ONCE IN
FULL THIS 14th Day of August, 1979.
Mayor Pro Tem
ATTEST:
Ac ing To n Clerk
ORDINANCE No. 79-17
SERIES OF 1979
AN ORDINANCE ADOPTING BY REFERENCE CERTAIN SPECIFIED TITLES
AND CHAPTERS OF THE MUNICIPAL CODE OF THE TOWN OF VAIL, COLORADO;
SETTING OUT CERTAIN CHANGES, AMENDMENTS, OMISSIONS AND DELETIONS
IN THE MATERIAL BEING ADOPTED; SETTING FORTH THE PENALTIES FOR
VIOLATION THEREOF AND PROVIDING FOR ADDITIONAL DETAILS IN RELATION
THERETO.
WHEREAS, the preservation of the public peace, welfare
and safety within the Town of Avon necessitates the adoption
of certain Penal Ordinances; and
WHEREAS, Section 6.9 of the Charter for the Town of
Avon, Colorado, provides for the adoption by reference of certain
standard codes, including codes promulgated by another Municipality
within the State of Colorado; and
WHEREAS, the Town of Vail, Colorado, is such another
Municipality and has promulgated and enacted such a code, which
is known as the "Vail Municipal Code"; and
WHEREAS, the Town of Avon has a need for the adoption
of certain Penal Ordinances that are similar to some of the Penal
Ordinances which have been adopted by the Town of Vail;
NOW, THEREFORE, be it ordained by the Town Council of
the Town of Avon, Colorado, that:
Section A. Reference.
The Ordinances, chapters, titles, sections, and sub-
sections referred to by this ordinance are from the "Vail Municipal
Code" as published by Book Publishing Company, Seattle, Washington,
and the material so adopted by the Town of Avon is that material
in the "Vail Municipal Code" as it exists upon the date on which
this Ordinance becomes effective, that is, seven days after
public notice following final passage as set out in Section 6.4
of the Town Charter for the Town of Avon, Colorado.
Section B. Numerical Reference.
It is the intention of the Town of Avon to adopt the
titles, articles, chapters, sections and subsections which are
adopted by this Ordinance with the same numerical designations
as are used in the "Vail Municipal Code". Thus the title,
article, chapter, section and subsection designations set out in
the "Vail Municipal Code" will be the same as shall exist in the
"Avon Municipal Code". When a title, article, chapter, section,
or subsection is deleted and is not adopted by this Ordinance,
that numerical designation shall be considered to be and hereby
is reserved for future use.
Section C. Title
The material adopted hereby as well as all subsequent
amendments, additions and revisions is adopted pursuant to the
provisions of Sections 31-16-201 through 31-16-208, Colorado
Revised Statutes, 1973, as amended and shall be known and cited
as the "Avon Municipal Code".
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Section D. Citation-Reference.
It shall be sufficient to refer to this code as the
"Avon Municipal Code" in any prosecution for the violation there-
of or in any proceeding at law or equity. In citing alleged viola-
tors it shall be sufficient to refer to the numerical designation
as indicated by title, article, chapter, section, and subsection
involved.
Section E. Publication.
Within a reasonable time following the passage of this
Ordinance, the Mayor or Town Manager shall have a copy of the en-
tire adopted text prepared, reflecting the changes, amendments,
deletions and omissions made by this Ordinance. Following such
preparation the Town Attorney shall, as soon as is reasonable
cause this and other suitable Ordinances to be codified pursuant
to Section 6.8 of the Charter of the Town of Avon, Colorado.
Section F. Uniform Deletions.
In all of the material adopted by this Ordinance, the
references at the end of the each Section to the Ordinance of the
Town of Vail by which the preceeding material was enacted shall
be omitted from the "Avon Municipal Code" and from this Ordinance;
provided, that such omission and deletion shall not prevent re-
ference to such an Ordinance as part of the Legislative history
of this Avon Ordinance or to demonstrate intent of the Vail Town
Council at the time of the enactment of the Vail Ordinance.
Section G. Violations and Penalties.
It is unlawful for any person to violate any provision
or to fail to comply with any of the requirements of this code.
Any person who violates any provisions of this code shall be pun-
ished by a fine of not more than three hundred dollars or by im-
prisonment for a period of not more than ninety days or by both
such fine and imprisonment. Any such person shall be guilty of
a separate offense for each and every day during any portion of
which a violation of any provision of this code is committed, con-
tinued, or permitted by such person and shall be punished accord-
ingly. In addition to the penalty provided in this Section, any
condition caused or permitted to exist in violation of any of the
provisions of this code shall be deemed a public nuisance, and
may be by this Town summarily abated as such and each day that
such condition continues shall be regarded as a new and separate
offense.
The following sections of the code adopted by this
chapter are penalty sections, said penalty sections are set forth
in full in this Section and reenacted according to Section 31-16-
204, Colorado Revised Statutes 1979, as amended:
"8.08.070 Violation-Penalty.
It is unlawful for any person to violate
any provisions of this chapter. Every
person convicted of a violation of any
provision of this chapter shall be punished
by a fine not exceeding three hundred
dollars, or by imprisonment for a period
of not more than ninety days, or by both
such fine and imprisonment.
"8.12.050 Violation-Penalty
Any person violating any provision of this
chapter shall be guilty of a misdemeanor
and, upon conviction thereof, shall be pun-
ished by a fine not exceeding three hun-
dred dollars, or by imprisonment for a
period of not more than ninety days, or by
both such fine and imprisonment.
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"8.16.180 Violation-Penalty
Every person, upon conviction of violation of this
chapter, shall be fined not less than thirty-five
dollars nor more than three hundred dollars, plus
the cost of removal of the refuse; or shall be pun-
ished by imprisonment for not more than ten days.
"8.24.140 Violation-Penalty
Any person convicted of violating any of the provi-
sions of this chapter shall be punished by a fine
of not more than three hundred dollars; provided,
that each separate act in violation of the provi-
sions of this chapter, or each and every day or
portion thereof during which any separate act in
violation of this chapter is committed, continued
or permitted, shall be deemed a separate offense."
Section H. Text.
1. Title 8. Chapter 8.04 is hereby adopted in its
entirety, except as follows:
Section 8.04.010 shall be amended to read "Avon
Police Chief" in the ninth and eleventh lines of
the text, where the words "Town Marshall" appear,
which words shall be deleted.
2. Title 8, Chapter 8.08 is hereby deleted in its en-
tirety and the designation "Chapter 8.08" is hereby reserved for
future use.
3. Title 8, Chapter 8.12 is hereby adopted in its en-
tirety including Section 8.12.050 which sets out the penalties
for violation of the preceeding sections, which penalties are
also set out generally elsewhere in this Ordinance.
4. Title 8, Chapter 8.16 is hereby adopted in its
entirety except as follows:
Section 8.16.010, Subsection K, shall be amended
to read:
"'Town Manager' means the Town Manager or Mayor
of the Town of Avon, or his authorized representative."
Further Section 8.16.160 shall be amended to in-
clude the words "or Mayor" following the words
"Town Manager" in the first line of the text.
Further, Section 8.16.170, Subsections A. and B.,
shall be amended similarly to include the words
"or mayor" following the words "Town Manager" in
the first and sixth lines of the text of Subsec-
tion A. and the second and fifth lines of the text
of Subsection B.
5. Title 8, Chapter 8.20 is hereby adopted in its
entirety, except as follows:
Section 8.20.020 shall be amended to include the
words "Town Manager" following the word ",Mayor"
in the third line of the text.
6. Title 8, Chapter 8.24 is hereby adopted in its
entirety including the footnotes, except as follows:
Section 8.24.030 shall be amended to include
the words, "Provided that firing or the dis-
charging of such weapons was reasonable in light of
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all the attendant circumstances." following the
words "person or property." in the eighth line
of the text and the period at the end of that
line shall be changed to a comma.
Further, that Section 8.24.140 which sets out the
penalties for violations of the preceeding sections,
which penalties are also set out generally elsewhere
in this Ordinance.
7. Title 9, Article I, Chapter 9.02 is hereby adopted
in its entirety, except as follows:
Section 9.02.010 shall be amended to read "Avon
Police Chief" in the first line of the text where
the words, "Town Marshal" appear, which words
shall be deleted.
8. Title 9, Article I, Chapter 9.04, shall be adopted
in its entirety.
9. Title 9, Article I, Chapter 9.06, shall be adopted
in its entirety.
10. Title 9, Article I, Chapter 9.08, shall be adopted
in its entirety.
11. Title 9, Article I, Chapter 9.10, shall be adopted
in its entirety.
12. Title 9, Article I, Chapter 9.12, shall be adopted
in its entirety.
13. Title 9, Article I, Chapter 9.14, shall be adopted
in its entirety.
14. Title 9, Article I, Chapter 9.16, shall be adopted
in its entirety.
15. Title 9, Article I, Chapter 9.18, shall be adopted
in its entirety.
16. Title 9, Article II, Chapter 9.20, shall be adopted
in its entirety.
17. Title 9, Article II, Chapter 9.22, is hereby adopted
in its entirety, except as follows:
Section 9.22.010, subsection a shall be amended to
read "two hundred dollars" in the second line of the
text where the words "one hundred dollars" appear,
which words will be deleted.
Further, that Section 9.22.010, subsections c and d
are hereby deleted in. their entirety and the
designations "c" "d" are hereby reserved for future
use.
Further that Section 9.22.050 will be amended to
read "deceptive use recreational facilities." In
the title where the words "deceptive use of ski
facilities." appear, which words shall be deleted.
Further that Section 9.22.050 shall be amended by
the deletion of the words "skiing service or skiing
facility or other."
Section 9.22.060 shall be amended by the deletion
of the words "skiing service or skiing facility
or other" in both places where those words
appear.
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Further that Section 9.22.070 be amended by the
deletion of the words "Skiing service or skiing
facility or other" in both places where those words
appear.
18. Title 9, Article III, Chapter 9.24, shall be adopted
in its entirety.
19. Title 9, Article III, Chapter 9.26, shall be adopted
in its entirety.
20. Title 9, Article III, Chapter 9.28, shall be adopted
in its entirety.
21. Title 9, Article III, Chapter 9.32, is hereby deleted
in its entirety and the designation "Chapter 9.32"is hereby reserved
for future use.
22. Title 9, Article III, Chapter 9.34, is hereby adopted
in its entirety.
23. Title 9, Article IV, Chapter 9.36 is hereby adopted
in its entirety.
24. Title 9, Article IV, Chapter 9.38, is hereby adopted
in its entirety.
25. Title 9, Article IV, Chapter 9.40, is hereby adopted
in its entirety.
26. Title 9, Article IV, Chapter 9.42, is hereby adopted
in its entirety.
27. Title 9, Article V, Chapter 9.46, is hereby adopted
in its entirety.
28. Title 9, Article V, Chapter 9.48, is hereby adopted
in its entirety.
29. Title 9, Article V, Chapter 9.50, is hereby adopted
in its entirety.
30. Title 9, Article V, Chapter 9.52, is hereby adopted
in its entirety, except as follows:
Section 9.52.010 shall be amended to read "Avon
Police Chief" in the seventh line of the text, the
words "'Town MMarshal appear, which words will be
deleted.
Further that Section 9.52.030 shall amended by the
deletion of the words "except the main parking lot
at Vail/Liont Head, described as Lot 1, Block 2,
Vail/Lions Head first filing, according to the
recorded plat of same filed with the Town, which
shall be the only designated place for the temporary
parking of such parking of such vehicles referred
to in this Section. In no event shall any vehicle
trailer or camper be parked or stored in the
designated area for a period in access of seven
days" where that language appears in the text and
a :period shall appear after the word "Town" in the
third line in the text.
-5-
0 •
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF A public hearing before the Town
Council of the Town of Avon, Colorado, at 7:30 P.M. on the
14th day of August, 1979 at the Town Hall for the purpose
of considering the adoption of ORDINANCE NO. 79-1.7:
AN ORDINANCE ADOPTING BY REFERENCF
CERTAIN SPECIFIED TITLES AND CHAPTERS
OF THE MUNICIPAL CODE OF THE TOWN OF
VAIL, COLORADO; SETTING OUT CERTAIN
CHANGES, AMENDMENTS, OMISSIONS AND
DELETIONS IN THE MATERIAL BEING
ADOPTED; SETTING FORTH THE PENAL-
TIES FOR VIOLATION THEREOF AND
PROVIDING FOR ADDITIONAL DETAILS IN
RELATION THERETO.
A copy of said ordinance is attached hereto and is also on
file at the office of the Town Clerk and may be inspected
during regular business hours.
Following this hearing, the Council may consider final
passage of this Ordinance.
This notice given and published by order of the Town Council
of the Town of Avon, Colorado.
Dated this 30th day of July, 1979.
TOWN OF AVON, COLORADO
By order of the Town Council
By: Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JULY 30, 1979:
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, (AVON POST OFFICE
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL
THE PESTER GAS STATION; AND
THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER
0 0
Further that Section 9.52.040 shall be amended to read
"Avon. Police Chief" in the fifth line of the text, where
the words "Town Marshal appear, which words shall be
deleted.
31. Title 9, Article VI, is hereby reserved for future use.
32. Title 9, Article VII, Chapter 9.54, is hereby adopted
in its entirety.
33. Title 9, Article VIII,Chapter 9.56, is hereby adopted
in its entirety.
34. The Title 9 footnotes are hereby adopted in their
entirety.
INTRODUCED, PASSED ON FIRST READING, APP~OVED, AND ORDERED
PUBLISHED ONCE IN FULL, this 711 V~, day of 'j , 1979 and a
public hearing on this ordinance shall bq-'held at the regular
meeting of the Town Council of the Town of Avon, Colorado, on the
u~ .
~,L_day of ,«tr, , 1979, at 7:30 P.M. in the Municipal
O~fices of the Town.
Mayor. /
ATTEST:
L c,
Town Clerk
INTRODUCED, PASSED ON SECO14D READING, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL, this 14th day of August , 1979.
This Ordinance will become effective on August 22, 1979.
Mayor ProTe
ATTEST:
; r "
Acr/~ g Town 7 erk
Title 8
HEALTH AND SAFETY'
Chapters:
3.04
Explosives
8.03
Fire Lanes
5.12
Fireworks
8.16
Garbage and Refuse
8.20
Open Burning
8.24
Public Nuisances
NOTE: Footnotes are numbered throughout the text and are located at the end of
this title.
109
EXPLOSIVES
Chapter 8.04
EXPLOSIVES'
Srctio ns:
8.04.010 Storage restrictions.
8.04.010 Storage restrictions.
It is unlawful for any person to store within the town limits
or within one-half mile thereof any amount of gunpowder,
blasting powder, nitroglycerine, dynamite, or other high
explosive in excess of one fifty-pound box, or in excess of five
hundred caps, or other devices used for the detonation for such
high explosives; except, that primers and smokeless powder
used in the handloading of sporting ammunition shall be
exempt from the provisions of this chapter; and except, that the
town marshal may specifically authorize the storing of
explosives in excess of the quantity allowed in this chapter, if
they are stored in a place, shelter or manner which the town
marshal determines as meeting adequate safety standards. (Ord.
17(1966) Art. 3 1.)
IV
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h
1
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III:;ALT11 AND SAFETY
Chapter 8.08
FIRE LANES
Sections:
8.08.010
Definitions.
8.08.020
Established.
8.08.030
Map-Identification.
8.08.040
Map-Changes.
8.08.050
Parking prohibited.
8.08.060
Vehicle impoundment.
8.08.070
Violation-Penalty.
8.08.010 Definitions.
A. "Fire lane" means any public right-of-way, including streets,
alleys, and other thoroughfares, as well as privately owned
land, not otherwise dedicated to public use, which is
officially designated by the town council, as provided in this
chapter, as a fire lane. The purpose of such fire lanes
established in this chapter is to.provide access to strictures
in order to more effectively combat fires or deal with other
Hazards which may occur in such structures.
B. "Fire lane map" means the official map maintained by the
town clerk indicating the exact locations of the fire lanes
established by the town council, pursuant to the provisions
of this chapter.
(Ord. 8(1971) I.)
5.08.020 Established.
'Here are created within the town fire lanes, as defined in
Section 8.08.010, as shown and otherwise indicated in the
official fire lane map, which is referred to and incorporated in
this section by reference. The fire lane map is declared to be a
part of this chapter. (Ord. 8(1971) 2.)
8.08.030 Nlap-ldentification.
The official fire lane map shall be maintained by the town
112
ki P
• •
FIRE LANES
clerk and shall be located in the office of the town and sliall be
identified by the signature of the mayor, attested by the town
clerk, and shall bear the official seal of the town. The map sliall
also bear the certification that it is the official fire lane map and
shall refer to the ordinance codified in this chapter establishing
Fire lanes as indicated on the fire lane map. (Ord. 8(1971) § 3.)
8.08.040 Map-Changes.
From time to time after the adoption of the ordinance
codified in this chapter, the town council may alter or revise the
official fire lane map by adding, deleting or otherwise changing
the fire lanes indicated on the fire lane map by ordinance duly
enacted in accordance with the laws of the state. At such times
as the town council adopts changes in the official fire lane map,
the map shall immediately be changed to reflect the additions,
deletions or alterations adopted by the town council so that the
map shall at all times accurately portray and reflect the status
of fire lanes in accordance with this chapter. (Ord. 8(1971 § 4.)
8.08.050 Parking prohibited.
Upon the establishment of fire lanes, in accordance with
this chapter, signs shall be posted in all such fire lanes bearing
the words, "Fire lane - No parking at anytime." Parking of any
vehicle shall be prohibited in all fire lanes at all times, and
enforcement of this chapter shall be strictly administered by the
police department. No person shall stand or park any vehicle
within a fire lane as established by this chapter or in any way
obstruct the Fire lane. Enforcement of this chapter shall be
applied in order to implement provisions of the fire prevention
code for the town. (Ord. 8(1971) § 5.)
8.08.060 Vehicle impoundment.
Any police officer of the town upon finding a vehicle,
whether attended or unattended, standing or being parked
within a fire lane shall require such vehicle to be removed or
cause it to be removed and impounded, and the owner or
operator of the vehicle shall be liable for the cost of such
113
IIEALTH AND SAFETY
removal and impounding, in addition to any other penalties
imposed by this chapter. (Ord. 8(1971) § 6.)
8.08.070 Violation- Penalty.
It is Unlawful for any person to violate any provisions of
this chapter. Every person convicted of a violation of any
provision of this chapter shall be punished by a fine of not more
than three hundred dollars or by imprisonment of not more
than ninety days or both such fine and imprisonment. (Ord.
8(1971) 7.)
Chapter 8.12
FIREWORKS
Sections:
8.12.010
Definitions.
8.12.020
Sale unlawful.
8.12.030
Supervised public display permit.
8.12.040
Seizure of unlawful fireworks.
8.12.050
Violation-Penalty.
S'. 12.010 Definitions.
A. "Fireworks" means and includes any article, device or
substance prepared for the primary purpose of producing a
visual or auditory sensation by combustion, explosion,
deflagration, or detonation, including, without limitation,
the following articles and devices commonly known and
used as fireworks: toy cannons or toy canes in which
explosives are used, blank cartridges, the type of balloon
which requires fire underneath to propel the same,
firecrackers, torpedoes, skyrockets, Roman candles and
daygo bombs. The term "fireworks" shall not include toy
pistols, toy guns, sparklers or torches which do not contain
explosive charges or other devices in which paper caps
manufactured in accordance with the United States
i
114
•
FIREWORKS
Interstate Commerce Commission regulations for packing
and shipping of toy paper caps are used and toy pistol paper
caps manufactured as provided in this chapter.
13. "Person" means in individual, partnership, copartnership,
firm, company, association or corporation.
(Ord. 9(197 l ) § 1.)
8.12.020 Sale unlawful.
Except as provided in Section 8.12.030, it is unlawful for
any person to offer for sale, expose for sale, sell, or have in his
possession with intent to offer for sale or sell, or to use or
explode any fireworks in the town. (Ord. 9(1971) C 2.)
8.12.030 Supervised public display permit.
The town council has the power to grant permits, within the
town, for supervised public displays of fireworks by
municipalities and other organizations and groups, and to adopt
reasonable rules and regulations for the granting of such
permits. Application for a permit shall be made in writing at
least fifteen days in advance of the date of display. Every
display shall be handled by a competent operator and shall be
of such character and so located, discharged, and fired as not to
be hazardous to property or endanger any person. Before a
permit is granted, the operator and the location and handling of
the display shall be approved, after investigation by the town
council. No permit shall be transferable or assignable. (Ord.
9(1971) 3.)
8.12.040 Seizure of unlawful fireworks.
The police authorities shall seize, take and remove all
fireworks and combustibles offered for sale, stored, or held in
violation of this chapter. (Ord. 9(1971) 5 4.)
8.12.050 Violation-Penalty.
Any person violating any provision of this chapter shall be
guilty of' a misderneanor and, upon conviction thereof, shall be
115 (Vad 9-30-77)
0
HEALTH AND SAFETY
0
punished by a fine not exceeding three hundred dollars, or by
imprisonment not exceeding ninety days, or by both such fine
and imprisonment. (Ord. 9(1971) § 5.)
Chapter 8.16
GARBAGE AND REFUSE3
Sections:
8.16.010
Definitions.
8.16.020
Accumulation-Single-family residence.
8.16.030
Accumulation-Multiple-family residence.
8.16.040
Accumulation-Commercial establishment.
8.16.050
Refuse containers required-Single-family
residence.
8.16.060
Refuse containers required-Multiple-family
residence.
8.16.070
Refuse containers required-Commercial or
industrial establishment.
8.16.080
Refuse storage.
8.16.090
Rubble storage.
8.16.100
Garbage-Wrapping required
8.16.1 10
Building refuse.
8.16.120
Littering of public and private property
prohibited.
8.16.130
Burying garbage unlawful.
8.16.140
Deposit in sewage system unlawful.
8.16.150
Removal of dead animals.
8.16.160
Inspection.
8.16.170
Removal notice-Enforcement.
8.16.180
Violation-Penalty.
8.16.010 Definitions.
For the purpose of each and every provision of this chapter,
the following definitions of terms shall apply:
A. "Building department" means the building department of
the town.
B. "Fire chief" means the fire chief of the town, or his
authorized agent.
(Vail 9-30-77) 116
• •
f GAItI3AGf AND REFUSE
C. "Garbage" means putrescent animal or vegetable waste
resulting from the preparation, cooking and serving of food,
or the storage and sale of produce.
D. "Health officer" means the health officer of the town and
county, or his authorized agent.
I. "Refuse" means all solid wastes, garbage and rubbish,
whether combustible or noncombustible, including rubble.
F. "Refuse container" means a metal or nonabsorbent and
lire-resistant container, which shall be equipped with a
tightly fitting metal or nonabsorbent and fire-resistant cover
or lid.
G. "Refuse hauler" means any person engaged in the business
of' collecting, storing and transporting of refuse in the town
and who is licensed therefor by the town.
If. "Refuse storage. room" means a wholly enclosed area
approved by the town manager or his authorized agent for
tile storage of refuse which does not constitute, or tend to
create a fire or health hazard or any unsanitary condition.
1. "Ruhbish" means all nonputrescent solid wastes, consisting
of hoth combustible and noncombustible wastes, including,
but not limited to, paper, ashes, cardboard, tin cans, yard
clippings, wood, glass, rags, discarded clothes or wearing
apparel of any kind, or any other discarded object or thing,
not exceeding three feet in length.
J. "Rubble" means large brush wood, large and/or heavy yard
trimmings, discarded fenceposts, crates, motor vehicle tires,
junk motor vehicle bodies or parts thereof, scrap metal,
discarded furniture and all other household goods or items,
demolition materials, old lumber and any other discarded
similar object or thing which cannot conveniently be cut
into sizes of three feet in length.
R. "Town manager" means the town manager'of the town of
Vail, or his authorized agent.
(Ord. 4(1973) 5 I.)
8.16.020 Accumulation-Single-fvnily residence.
It is unlawful for any occupant or owner of any
single-family residence to accumulate, or permit or cause to be
accumulated, on the premises occupied or owned by him, any
117
7-
1 O •
IIIALT11 AND SAI,ETY
rcfusC, the accumulation Of WlliCll CO"Stitl.lteS, or may create, an
unsanitary condition or a health or tire hazard. (Ord. 4(1973)
2(a).)
8.16.030 Accumulation -Multiple-family residence.
It is unlawful for any owner, manager, or operator of any
multiple-family residence, apartment house, condominium,
boardinghouse, private club, or any other like premises to
accumulate or permit or cause to be accumulated on said
premises any refusC, the accumulation of which constitutes, or
may create, an unsanitary or unsightly condition or a health or
fire hazard. (Ord. 4(1973) § 2(b).)
8.16.040 Accunlullation-Commercial establishment. I
It is unlawful for any owner, operator or manager of any
commercial establishment to accumulate or permit or cause to
be accumulated on said premises any refuse, the accumulation
of which constitutes, or may create, an unsanitary and unsightly
condition or health or fire hazard. (Ord. 4(1973) § 2(c).)
8.16.0-50 Refuse containers required-Single-family residence.
It is unlawful for any occupant or owner of any
single-family dwelling to fail to provide or make available at all
times one or more refuse containers, as defined in Section
8.16.010, at the premises owned or occupied by him. (Ord.
4(1973) § 3(a).)
8.16.060 Refuse containers required-Multiple-family
residence.
It is unlawful for any owner, manager, or operator of any
multiple-family residence, apartment house, condominium,
boardinghouse, private club or any other like premises to fail to
provide or make available at all times one or more refuse
containers, as defined in Section 8.16.010, or refuse storage
rooms, as defined in Section 8.16.010, at the said premises
owned, operated or managed by him. (Ord. 4(1973) § 3(b).)
118
T
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GARBAGE AND REFUSE'
8.16.070 Refuse containers required-Commercial or
industrial establishment.
It is unlawful for any owner, operator or manager of any
commercial or industrial establishment to fail to provide or
make available at all times one or more refuse containers, as
defined in Section 8.16.010, or refuse storage rooms, as defined
in Section 8.16.010, at the premises owned, operated or
managed by him. (Ord. 4(1973) § 3(c).)
8.16.080 Refuse storage.
All refuse, except rubble, shall be stored either in refuse
containers, as defined in Section 8.16.010, or in refuse storage
rooms, as defined in Section 8.16.010, at a designated place on
the premises, either inside or outside, easily accessible to refuse
haulers within the town, and sliall be properly concealed so as
to not degrade the architectural and landscaping qualities of the
premises. Concealment facilities shall be approved by the
building department. (Ord. 4(1973) § 4(a).)
8.16.090 Rubble storage.
Rubble need not be stored in refuse containers or refuse
storage rooms, but shall not be allowed to accumulate and sliall
be stored in such a manner as not to constitute or create an
unsanitary or unsightly condition or a health or fire hazard.
(Ord. 4(1973) § 4(b).)
5.16.100 Garbage-Wrapping required.
It is unlawful for any person to place garbage or any other
putrescible material in any refuse container or refuse storage
room unless the garbage or putrescible material is wrapped in
paper or other material in such a manner as to prevent spillage
or leakage. (Ord. 4(1973) § 4(c).)
8.16.1 10 Building refuse.
Sections 8.16.080 through 8.16.100 shall not prohibit any
person from keeping building materials on any premises before
119 (Vail 9-30-77)
HEALTH AND SAFETY
or during the period of active construction, nor shall these
sections be construed to prohibit any person from storing any
materials used in the operation of a business which is located in
an area allowing such a use to be carried on. (Ord. 4(1973) §
4(d).)
8.16.120 Littering of public and private property prohibited.
It is unlawful for any person to deposit, throw or leave any
refuse on any public or private property or on any water or
watercourse.
A_ "Public or private property" as used in this section includes,
but is not limited to, the right-of-way of any road or
highway, a body of water or watercourse, any park,
playground, recreation area, building, parcel of property,
(publicly or privately owned), refuse container or receptacle
provided for private use.
B. It shall be an affirmative defense that:
I. The property where the refuse was deposited, thrown or
left in an area designated by law for the disposal of such
refuse and the person is authorized by the proper public
authority to so use the property; or,
2. The refuse is placed in a receptacle or container installed
on such property for that purpose; and the person is
authorized by the owner, provider, or maintainer of the
receptacle or container to use the same; or
3. Such person is the owner or tenant in lawful possession
of such property, or has obtained written consent of the
owner in lawful possession or the act is done under the
personal direction of said owner or tenant.
C. Whenever refuse is thrown, deposited, dropped or dumped
from any motor vehicle in violation of this section the
operator of said motor vehicle is presumed to have caused
or permitted the refuse to be so thrown or deposited,
dropped or dumped therefrom.
(Ord. 23(1977) § 1.)
8.16.130 Burying garbage unlawful.
It is unlawful for any person to bury or cause to be buried
(Vail 9-30-77) 1 20
0
•
(;AR13A(;I; AND RI;I°USf:
;inywhcrc within the town any gnrb;if,tc. (Ord. 40973) § S(b).)
8.16.140 Deposit in sewage system unlawful.
It is unlawful for any person to deposit or cause to be
deposited garbage in the town's scw;iix system, unless it is first
shredded by an approved mechanical grinder. (Ord. 4(1973) 5
S(c).)
8.l 6.150 Removal of dead animals.
It is unlawful for any person in possesion, charge or control
of any dead animals or of any premises upon which dead
animals may be located, to permit or allow such an animal to
remain thereon I-or a period longer than twenty-four hours, or
to ileposit or bury, or cause to be deposited or buried, the body
of any dead animal, or portion thereof, on any public street,
alley, sidewalk, park, stream, or any public ground. Removal
and disposal of dead animals shall be done in accordance with
the direction of' tile health ol'ficcr. (Ord. 4(1973 § 5(d).)
S. 16.160 Inspection.
The town manager, the health officer, or the lire chief, have
1 2O-I (Vail 9.30-77)
. . , i C'
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GARBAGE AND RFFUSI
the right to cnlcr upon and inspect vly and all premises within
the town at reasonable hours during the daytime for the
purpose of enforcing the provisions of this chapter. (Ord.
4(1973) 5 6.)
8.16.170 Removal notice-Enforcement.
A. It is the duty of the town manager, fhe health officer, or the
fire chief, to require the owner or agent of the owner of any
premises whereon is situated airy unlawful accumulation or
unlawful storage of refuse to remove it within a reasonable
time, which shall be no longer than three days, to be fixed
by the town manager, the health officer, or the fire chief, in
his written notice to the owner or agent of the owner.
Emergency situations will be given notice of not longer than
one (Illy.
13. In case the owner or agent of the owner fails to follow the
requirements of the notice, the town manager, the health
officer, or the fire chief shall cause the refuse to be removed
at the expense of the owner or agent of the owner. After
removal of the refuse, the town manager, the health officer,
or the fire chief shall issue a summons to the owner or agent
of the owner to appear in municipal court.
(Ord. 4(1973) § 7.)
8.16.180 Violation- Penalty.
[;very person, upon conviction of violation of this chapter,
shall be fined not less than thirty-five dollars nor more than
three hundred dollars, plus the cost of removal of the refuse; or
shall be pumslled by imprisonment for not more than ten days.
(Ord. 4(1973) § 8.)
121
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5
HEALTH AND SAFETY
Chapter 8.20
OPEN BURNING4
Sections:
8.20.010 Restrictions- Exceptions.
8.20.020 Burning permit.
8.20.010 Restrictions- Exceptions.
No person shall burn, nor permit to be burned, any trash,
paper, rubbish, wastepaper, wood, weeds, brush, plants or other
Ilammable. or combustible material, nor kindle or maintain any
bonfire on any open premises owned or controlled by him, or in
any public street, alley, park property or other land adjacent to
such premises except under the following conditions:
A. The burning is for the noncommercial cooking of food for
human beings or for recreational purposes;
B. When the burning is a smokeless flare or a safety flare used
to indicate some danger to the public.
(Ord. 5(1969) § l.)
8.20.020 Burning permit.
Open burning within the town shall be prohibited at all
time, except by special permit, which may be granted by the
mayor, upon written application of any person, providing such
burning may be done without hazard to the community. (Ord.
5(1969) § 2•)
122
PUBLIC NUISANCES
Chapter 8.24
PUBLIC NUISANCESS
Sections:
S. 24.010
Person clefinecl.
8.24.020
Designated generally.
8.24.030
Discharging firearms.
8. 24.040
Keeping junk.
S_24.00
Depositing waste material.
8.24.060
Loudspeakers and sound trucks.
8.24.070
Mufflers.
5.24.050
Ice and snow overhangs and lCCUlllUlat1U11S
S). 24.090
.
Ice on sidewalk or public passa
ewa
8.24.100
g
y.
Creation of nuisance prohibited.
5.24.1 10
Investigation-Abatement notice
8.24.120
.
Abatement procedure.
5.24.130
Civil remedy not precluded.
8.24.140
Violation-Penalty.
5.24.010 Person clefinerl.
"Person" as used in this chapter means a natural person,
corporation, business trust, estate, trust, partnership,
association, joint stock company, joint venture, two or more
persons having a joint or common interest, any other legal or
cornnnercial entity, or a receiver, executor trustee conservator
or other representative appointed by order of' any court. (Ord.
IS(1966) 1 I.)
8.24.020 Designated generally.
Each of tile actions or conditions set out in Sections
5.24.030 through 8.24.090 shall be deemed to be a public
nuisance and may be proceeded against according to the
provisions of this chapter. (Ord. I S( 1966) § 2 (part).)
8.24.030 Discharging firearms.
"lle discharging by any person, except a law enforcement
123 (Vail 9.15-78)
O
HEALTH AND SAFETY
11
officer in the performance ol' his duties, of any gun, pistol,
shotgun, rifle, air bun, gas-operated gun, spring gun, firearm or
weapon of any kind within the limits of the town, except upon
the express and specific authorization of the town marshal, shall
be deemed a public nuisance; provided, that nothing contained
in this section shall be construed to apply to persons firing or
discharging such weapons in defense of person or property.
(Ord. IS( 1966) j 2(a).)
8.24.040 Keeping junk.
The storing or keeping by any person within the town of
any old articles or materials which may be classified as junk,
adjacent to or in close proximity to any public building, public
park or grounds, business buildings or residences without first
providing fully enclosed buildings for the storage of the same,
shall be deemed a public nuisance. It is specifically provided
that trash, garbage and refuse and trash, garbage and refuse
containers, barrels and cans must be obscured from view and
not accessible to scavenging animals. It is further specifically
provided that ' junk" as referred to in this chapter shall be
expressly deemed to include, without limitation, any motor
vehicle that is incapable of operation under its own power. A
motor vehicle shall be presu ned incapable of operation if it has
remained in one location for a period in excess of thirty days.
(Ord. 16(1968) 1 (part); Ord. 150968) § I (part); Ord.
15(1966) 2(b).)
5.24.050 Depositing waste material.
The throwing, depositing, scattering by any person or the
permitting by any person of the throwing or scattering of any
waste or other material of any kind upon any sidewalk, street,
alley, public passageway, public park, open area or upon any
private property within the town shall be deemed a public
nuisance. (Ord. I S(366) 2(c).)
5.21060 Loudspeakers and sound trucks.
17he playing, operation or use by any person wlthln the
055 91518) 124
IY
PUBLIC NUISANCES
town of any loudspeaker, sound amplifier, radio or phonograph,
with loudspeaker or sound amplifier or any instrument of any
kind or character which emits loud and raucous noises and is
atiaciled to and upon any vehicle or upon or within any
building or structure shall be deemed a public nuisance, Unless
the owner or user thereof first applies to and receives
permission from the town council to operate any such device.
(Ord. 1 8(1966) § 2(d).)
8.24.070 Mufflers.
The operation of a motor vehicle within the town which is
not at all times equipped with a muffler in good working order
upon the exhaust thereof and in constant operation to prevent
excessive or unusual noise, or the use by any person operating a
motor vehicle within the town of a cutout, bypass or similar
muffler elimination appliance shall be deemed a public
nuisance. (Ord. 18(1966) § 2(e).)
5.24.080 Ice and snow overhangs and accunurlations.
A. No owner, occupant or mana-er of any real property or
improvement thereon shall allow or permit ice or snow to
project or overhang from any roof, Icdgc or other part of'
the structure or building owned, managed or occupied by
him where the projection or overhang constitutes a hazard
or rrasOlMhle possibility that the ice or snow projection or
overhan," (or water resulting therefrom) might fall, collapse
or drop onto ally sidewalk, street, alley, public way, park
or any other publicly used way.
13. No owner, occupant or manager of any real property or
improvement thereon shall allow or permit ice or snow to
accumulate on the roof or any other part of' the structure
or building, owned, occupied or man.wed by hill: where
the accumulated ice or snow constitutes a hazard or
reasonable possibility of sliding off the building onto any
sidewalk, street, alley, public way, park or any other
publicly used way.
(Ord. Q(I 97S) a 1.)
125 (Vail 9-15-78)
HF-ALTI1 AND SA LTY
8.24.090 Ice on sidewalk or public passageway.
No property owner shall allow or hermit dangerous ice
Conditions to occur or continue on any sidewalks or any public
pedestrian passageways that are located on his property. (Ord.
1(1968) § I (part): Ord. 18(1966) y 2(g).)
8.24.100 Creation of nuisance prohibited.
No person shall perform any act or acts constituting a
(Vail 9-IS-78) 126
PUBLIC NUISANCFIS
nuisance under Sections 8.24.020 through 8.24.090, nor shall
any person create, keep, maintain, or allow or cause to be
created, kept, maintained or to exist any nuis,ulce set forth in
Sections 8.24.020 through 8.24.090, within the town. (Ord.
18(1966) § 3.)
8.24.1 10 Investigation-Abatement i1wice.
The town council or any person specifically authorized by
the council shall investigate. into every public nuisance within
the town, and the town council shall hzive the power to deliver a
request for abatement to any person or persons in control of
any public nuisance. Any request for abatement delivered by
the town council shall be in writing and shall state the nature of
the, nuisance or nuisances which are to be abated and shall
specify a reasonable time within which such nuisance or
nuisances are to be abated. It is the duty of any person or
persons in control of any public nuisance within the town to
abate the nuisance upon receiving a request for abatement from
the town council within the time specified in the request. (Ord.
18(1966) § 4.)
8.24.120 Abatement procedure.
In addition to or in place of proceeding under Section
8.24.1 10 against any person who is believed to have violated or
to be violating any of the provisions of' this chapter, the town
council may direct the town attorney to bring an action in the
police court for the town to abate and restrain any nuisance set
forth in Sections 8.24.020 through 8.24.090 within the town;
provided, that any action to abate and restrain any such
nuisance shall operate as a bar to any subsequent proceedings
raider Section 8,24.1 10 for the violation of any of the
provisions of this chapter where the violation occurred prior to
the action to abate or restrain the nuisance, and no testimony
('iven by the defendant at any hearing in in action to abate or
restrain the nuisance shall be admissible against him in any
proceeding under Section 8.24.1 10 instituted for any violation
of the provisions of this chapter occurring subsequent to the
hearing. (Ord. 18(1966) 6.)
1 26- 1 i Vail 9-I5-78)
11'V
•
•
PUBLIC NUISANCES
8.24.130 Civil remedy not precluded.
No provision of this chapter shall be construed as
prohibiting any private person from bringing any action, seeking
any remedy or taking any step with respect to any nuisance set
forth in Sections 8.24.020 through 8.24.090 as that person may
he authorized or permitted to bring, seek, or take under state
hw. (Ord. 18(1966) § 7.)
8.24.140 Violation-Penalty.
Any person convicted of violating, any of' the provisions of
this chapter shall he punished by a fine of not more than three
hundred dollars; provide(l, that each separate act in violation of
the provisions of this chapter, or each and every day or portion
thereof during which any separate act in violation of this
chapter is committed, continued, or permitted, shall be deemed
a separate offense. (Ord. 18(1966) § 5.)
TITLE 8 FOOTNOTES
I. For provision concerning clog regulations, see Ch. 6.04 of
this code.
For statutory provisions authorizing towns and cities to
regulate explosives and lights, see C.R.S. 31-12-101(54); for
state regulations concerning explosives, see C.R.S. 1973
Title 9, Art. 6.
3. For statutory authority of cities and towns to do all acts
aril make all regulations which may be necessary or
expedient for the promotion of health or the suppression of
disease, see C.R.S. 1973 31-12-101(12).
For provisions concerning nuisances, see Ch. 8.24 of this
code..
4. For statutory provisions authorizing cities and towns to
protect against fire hazards, see C.R.S. 1973
31-12-101(44).
127
W
HEALTH AND SAI,-ETI'
•
or statutory provisions autllori,,,inb towns to declare and
abate nuisances, sce C.R.S. 1973§31-12-101(58).
128
T .I
Title 9
Chapte
9.02
9.04
9.06
9.08
9.10
9.12
9.14
9.16
9.18
9.20
9.22
1
9.24
9.26
9.28
9.32
9.34
9.36
9.38
9.40
9.42
9.46
9.48
9.50
9.52
PUBLIC PEACE, MORALS AND WELFARE'
rs:
1. OFFENSES BY OR AGAINST PUBLIC
OFFICERS AND GOVERNMENT
Definitions
Assisting an Officer
Aid in Escape
Aid to an Offense
Resisting an Officer
Impersonating an Officer
Furnishing Weapons to Prisoner
False Reports
False Alarms
11. OFFENSES AGAINST THE PERSON
Assault
Larceny, Fraud and Related Offenses
11. OFFENSES AGAINST PUBLIC DECENCY
Window Peeping
Indecent Exposure
Prostitution
Drinking in Streets
Sales to Intoxicated Persons
IV. OFFENSES AGAINST PUBLIC PEACE
Unlawful Assembly
Drunk and Disorderly Conduct
Riots
Disturbing the Peace
V. OFFENSES AGAINST PROPERTY
M:►licious Injury to Property
Trespassing
Posting Handbills
Restrictions on Use of Public Streets
129 (Vail 9-30-77)
{
PUBLIC PEACE, MORALS AND WELFARE
VI. CONSUMER PROTECTION
VII. OFFENSES BY OR AGAINST MINORS
9.54 Abandoned Iceboxes, Refrigerators and Containers
VIII. WEAPONS
9.56 Concealed Weapons
(Vail 9-30-77) 1 30
i
DEFINITIONS
Article I
OFFENSES 13Y OR AGAINST PUBLIC
OFFICERS AND GOVERNMENT
Chapter 9.02
DEFINITIONS
Sections:
9.02.010 Peace officer.
9.02.010 Peace officer.
"Peace officer" as used in this title means the town marshal,
any police officer, special policemen, or other member of the
police department of the town; any county sheriff; any member
of the state police; any federal law enforcement agent; and any
deputy or assistant of any of them. (Ord. 12(1968) § I (part):
Ord. 17(1966) Art. 7 § 1.)
Chapter 9.04
ASSISTING AN OFFICER'
Sections:
9.04.010 Required.
9.04.010 Required.
It is the duty of all persons within the town, when called
upon by any peace officer, to promptly aid and assist him in the
discharge of his duties. It is unlawfiIl for any person to refuse
such assistance when called upon. (Ord. 17(1966) Art. 7 § 2.)
131 (Vail 9-30-77)
PUBLIC PEACE, MORALS AND WELFARE
Chapter 9.06
AID IN ESCAPE3
Sections:
9.06.010 Unlawful.
9.06.010 Unlawful.
It is unlawful for any person to aid, abet, or assist any
person to escape or attempt to escape from lawful confinement
or from the custody of any peace officer within the town. (Ord.
17(1966) Art. 7 § 3.)
Chapter 9.08
AID TO AN OFFENSE4
Sections:
9.08.010 Aiding and abetting.
9.08.010 Aiding and abetting.
It is unlawful for any person, with the intent to promote or
facilitate the commission of an offense or violation of any
provision of the town code, to aid, abet, counsel, advise or
encourage any other person in planning or committing such
offense or violation. (Ord. 21(1977) § 1.)
(Vail 9-30-77)
132
RISISTING AN 01,'1=1CI,R
Chapter 9.10
RESISTING AN OFFICERS
Sections:
9.10.010 Resisting arrest.
9.10.020 Obstructing a peace officer.
9.10.010 Resisting arrest.
It is unlawful for any person within the town to
intentionally prevent or attempt to prevent any peace officer,
acting under color of his official authority, from effecting an
arrest of the person by the use or threat of physical force or
violence against the police officer or by the use of any other
means which creates a substantial risk of causing physical injury
to the peace office.r. (Ord. 21(1977) § 1)
9.10.020 Obstructing a peace officer.
It is unlawful for any person within the town to
intentionally use or threaten to use violence, force or physical
interference to obstruct, impair or hinder the enforcement of
the provisions of this code or the preservation of the peace by a
peak ol'liccr acting, under color of his official authority, or
intentionally obstruct, impair or hinder the prevention, control,
or abatement of fire by a fireman acting under color of his
official authority. (Ord. 21(1977) a 3.)
133 (Vail 9-30-77)
O Chapter 9.12 •
IMPERSONATING AN OFFICER6
Sections:
9.12.010 Impersonating an officer.
9.12.010 Impersonating an officer.
it is unlawful for any person to falsely pretend to be a peace
officer and perform an act in that pretended capacity. (Ord.
21(1977) § 4.)
Chapter 9.14
FURNISHING WEAPONS TO PRISONERS'
Sections: _
9.14.010 Unlawful.
9.14.010 Unlawful.
It is unlawful for any person to furnish or attempt to
furnish or take into jail or to deliver or attempt to deliver to
any prisoner confined therein, or in the custody of any officer,
any weapon, tool, intoxicating liquors, drug or other article
without the consent of the law enforcement officer in charge.
(Ord. 17(1966) Art. 7 § 7.)
(Vail 9-30.77) 134
V
FALSE REPORTS
Chapter 9.16
FALSE REPORTS"
Sections:
9.16.010 Unlawful.
9.16.010 Unlawful.
It is unlawful for any person wilfully to give or make, or
cause to be given or made, in any manner, any false report to
any police officer of the town or to any person authorized to
receive reports in behalf of the police of the town. (Ord.
10(1968) § 1 (part Ord. 17(1966) .Art. 7 § 8.)
Chapter 9.18
i FALSE ALARMS
Sections:
9.18.010 Unlawful.
9.18.010 Unlawful.
It is unlawful for any person to wilfully give or :Hake or
cause to be given or made in any manner a false alarm of fire,
avalanche, missing pe►-son or othcr emergency or disaster. (Ord.
17(1966) Art. 3 § 2.)
135 (Vail 9-30-77)
f.
7
PUBLIC PEACE, MORALS AND WELFARE
Article 11
OFFENSES AGAINST THE PERSON
Chapter 9.20
ASSAULT
Sections:
9.20.010 Assault and battery.
9.20.020 Reporting required.
9.20.010 Assault and battery.
It is unlawful for a person to purposely, knowingly or
recklessly cause or attempt to cause bodily injury to another
person. (Ord. 21(1977) § 5 (part).)
9.20.020 Reporting required.
It is the duty of the owner or manager of any premises
licensed by the town to serve, sell or dispense alcoholic
beverages or fermented malt beverages to report or cause to be
reported to the town police department all incidents involving
violations of Section 9.20.010 occurring within or upon their
premises within twenty-four hours of such incidents. (Ord. 21
(1977) § 5 (part).)
(Vail 9-30-77) 136
-ia
LARCENY, FRAUD AND RI:L.ATEn OFI`ENSES
Chapter 9.22
LARCENY, FRAUD AND RELATED OFFENSES9
Sections:
9.22.010
Definitions.
9.22.020
Larceny unlawful.
9.22.050
Deceptive use of ski facilities.
9.22.060
Using false ticket.
9.22.070
Making false ticket.
9.22.010 Definitions.
A. "Larceny" means to take or exercise control over property
of another having a value of less than one hundred dollars,
without authorization or by threat or deception, and:
1. With the intention to deprive the owner permanently of
the use or benefit of such property; or
2. To knowingly use, conceal or abandon such property in
a manner so as to deprive the Owner permanently of its
wse or benefit; or
3. To use, conceal or abandon such property intending
that such use, concealment or abandonment will deprive
the owner permanently of its use and benefit; or
4. To demand any consideration for which one is not
legally entitled as a condition of restoring such property
to the owner.
B. "Recreational facility" means any golf course, tennis court
or any recreational property or any related property,
facility or thing whatsoever.
C. "Skiing facility" means any ski tow, ski lift, gondola, or any
related property, facility or thing whatsoever.
D. "Skiing service" means service and instruction offered or
provided by any ski instructor or ski school, and any service
offered or provided in connection with any skiing facility.
(Ord. 21(1977) § 6.)
9.22.020 Larceny unlawful.
It is unlawful for any person to commit larceny in the town.
(Ord. 4(1967) Art. 1 1 (part).)
137 (Vail 9-30.77)
o •
PUBLIC PEACE, MORALS AND WELFARE
9.22.050 Deceptive use of ski facilities.
It is unlawful for any person within the town, knowingly to
obtain or attempt to obtain the use, benefit or enjoyment of
any skiing service or skiing facility or other recreational facility
by any false pretense, trick, or deceptive means, method or
device whatever. (Ord. 9(1968) § 1 (part): Ord. 4(1967) Art. 2
§ 1.)
9.22.060 Using false ticket.
It is unlawful for any person within the town knowingly to
possess, offer, use, present, sell or give away, any false,
simulated, bogus, spurious, sham, altered, forged, counterfeit,
defaced or mutilated ticket, token, pass, badge, pin or other
device which is not genuine and authorized for obtaining the
use, benefit, or enjoyment of any skiing service or skiing facility
or other recreational facility by the owner, proprietor, lessee,
Licensee or operator of such skiing service or facility or other
recreational facility. (Ord. 9(1968) § 1 (part): Ord. 4(1967)
Art. 2 § 2. )
9.22.070 Making false ticket.
It is unlawful for any person within the town to knowingly
falsify, alter, forge, counterfeit, deface or mutilate any ticket,
pass, badge, pin or other device entitling the holder thereof to
the use, benefit or enjoyment of any skiing service or skiing
facility or other recreational facility, or to make or manufacture
any simulated, bogus, spurious, or sham ticket, token, pass,
badge, pin or other device purporting to entitle the holder
thereof to the use, benefit or enjoyment of any skiing service or
facility or other recreational facility. (Ord. 9(1968) § l (part):
Ord. 4(1967) Art. 2 § 3.)
(Vail 9-30-77) 138
WV
WINDOW PEEPING
L
Article III
OFFENSES AGAINST PUBLIC DECENCY ~
Chapter 9.24
WINDOW PEEPING
Sections:
9.24.010 Unlawful.
9.24.010 Unlawful.
It is unlawful for any person to trespass upon the property
owned or occupied by another in the town for the purpose of
looking or peeping into any window, door, skylight or other
opening in a house, room or building, or to loiter in a public
place for the purpose of wrongfully observing the actions of the
occupants of a house, room or building. (Ord. 17(1966) Art. 4
4.)
Chapter 9.26
INDECENT EXPOSURE10
Sections:
9.26.010 Indecent exposure.
9.26.010 Indecent exposure.
It is unlawful for any person to intentionally expose his
genitals to the view of any person under circumstances in which
such conduct is likely to cause affront or alarm to the other
person. (Ord. 21(1977) 3 7.)
1 It) (Vail 9-10-77)
o •
PUBLIC PEACE, MORALS AND WELFARE
Chapter 9.28
PROSTITUTION"
Sections:
9.28.010 Prohibited conduct-Liquor licensed premises.
9.28.010 Prohibited conduct-Liquor licensed premises.
A. No licensee for the sale of spirituous, vinous or malt
beverages or 3.2 beer shall install, maintain or operate, or
permit the installation, maintenance or operation of, within
or upon the licensed premises, any gambling table,
establishment, device, machine, apparatus or other thing
contrary to this chapter or to the laws of this state or which
is kept or used for the purpose of gambling either directly
or indirectly. This chapter shall not be constnied to prohibit
the use of bona fide amusement devices which do not and
cannot be adjusted to pay anything of value, and which may
not be used for gambling, directly or indirectly, and for the
scoring, achievement, use or operation of which no prize, -
reward or thing of value is offered or paid by any person.
B. Each licensee shall conduct his establishment in a decent,
orderly and respectable manner, and shall not permit within
or upon the licensed premises lewd or indecent displays,
profanity, rowdiness, undue noise, or other disturbance or
activity offensive to the senses of the average citizen, or to
the residents of the neighborhood in which the
establishment is located.
C. No licensee, manager or agent shall employ or permit upon
any liquor licensed premises, for consumption on the
premises any employee, waiter, waitress, entertainer, host or
hostess to mingle with patrons and personally beg, procure,
or solicit the purchase or sale of drinks or beverages for the
use of the one begging, procuring or soliciting or for the use
of any other employee.
D. No licensee, manager or agent shall permit upon any liquor
licensed premises for consumption on the premises anyone
to loiter in or about said premises for the purpose of
begging and soliciting any patron or customer of, or visitor
(Vail 9-30-77) 140
r. .
PROSTITUTION
in, such premises to purchase any drinks or beverages of any
type or nature whatsoever, for the one soliciting or begging.
1 No licensee for retail sale by the drink of spirituous, vinous, •
or malt beverages or 3.2 beer shall permit any person or
persons to appear in a state of nudity or simulated nudity
within or upon the premises.
F. No licensee for retail sale by the drink of spirituous, vinous,
or malt beverages or 3.2 beer shall permit the showing of
film, still pictures, electronic reproduction, or other visual
reproductions depicting any act or live performance
prohibited by this section.
C. For purposes of this section, the following definitions shall
apply:
1. "Lewd or indecent displays" means performing acts of
or acts which simulate:
a. Sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation or any sexual
acts which are prohibited by law;
b. The touching, caressing or fondling on the breast,
buttocks, anus or genitals;
c. The displaying of the pubic hair, anus, vulva or
genitals;
d. The displaying of the post-pubertal human female
breast below a point immediately above the top of
the areola, or the displaying of the post-pubertal
human female breast where the nipple only or the
nipple and areola only are covered.
"Nudity" means uncovered, or Icss than opaquely
covered, post-pubertal human genitals, pubic areas, the
post-pubertal human female breast below a point
immediately above the top of the areola, or the covered
human male -enitals in a discernibly turgid state. For
purposes of this definition, a female breast is considered
uncovered if the nipple only or the nipple and the areola
only are covered.
(Ord. 21(1977) 5 S.)
141 (Vail 9-30-77)
PUBLIC PEACE, MORALS AND WELFARE
Chapter 9.32
DRINKING IN STREETS
Sections:
9.32.010 Prohibited.
9.32.010 Prohibited.
It is unlawful for any person to drink any malt, vinous, or
spirituous liquors upon any street, alley, sidewalk, or public
parking lot in the town or in any vehicle upon the street, alley,
sidewalk, or public parking lot in the town, except by written
authorization of the town council. (Ord. 17(1966) Art. 1 § 5.)
Chapter 9.34
SALES TO INTOXICATED PERSONS 12
Sectio ns:
9.34.010 Prohibited.
9.34.010 Prohibited.
It is unlawful for anyone to sell, give, or dispense any
intoxicating beverage of any kind, including fermented malt
beverages, commonly known as 3.2 beer, to any person who is
visibly intoxicated, and it is the responsibility of anyone
licensed by the town and state to dispense any malt, vinous, and
spirituous liquor, as well as fermented malt beverages,
commonly known as 3.2 beer, to determine if any such person
is visibly intoxicated before selling, serving or delivering such
beverages to any such person. (Ord. 19(1971) § 3.)
(Vail 9-30-77) 142
ti
UNLAWFUL ASSEMBLY
1
Article IV
OFFENSES AGAINST PUBLIC PEACE
Chapter 9.36
UNLAWFUL ASSEMBLY"
Sections:
9.36.010 Unlawful assembly.
9.36.010 Unlawful assembly.
It is unlawful for two or more persons to assemble together,
or being assembled together, to act in concert to commit, or
conspire to commit, any unlawful act. (Ord. 21(1977) § 9.)
Chapter 9.38
DRUNK AND DISORDERLY CONDUCT'''
Sections:
9.38.010 Disorderly conduct.
9.38.010 Disorderly conduct.
It is unlawful for a person to intentionally, knowingly or
recklessly:
A. Make a coarse and obviously offensive utterance in a public
place, and the language by its very utterance tends to incite
an immediate breach of the peace; or
13. Make a coarse and offensive gesture or display in a public
place, and the gesture or display tends to incite an
immediate breach of the peace; or
C. Fight with another in a public place, except in an amateur
or professional contest of athletic skill; or
D. Make an unreasonable noise in a public place or near a
143 (Vail 9-30-77)
IT.
M
PUBLIC PEACE, MORALS AND WELFARE
private residence that he has no right to occupy.
(Ord. 21(1977) § 10.)
Chapter 9.40
RIOTS15
Sections:
9.40.010 Tumultuous and violent conduct.
9.40.010 Tumultuous and violent conduct.
It is unlawful for a person to participate with two or more
others in tumultuous and violent conduct which creates grave
danger of damage or injury to property or persons or
substantially obstructs the performance of any governmental
function. (Ord. 21(1977) § 11.)
Chapter 9.42
DISTURBING THE PEACE
Sections:
9.42.010 Harassment.
9.42.010 Harassment.
A. It is unlawful for a person to intentionally harass, annoy or
alarm another person by:
1. Insults, taunts or challenges to another in a manner
likely to provoke a violent or disorderly response; or
2. Following a person in or about a public place; or
3. Engaging in conduct or repeatedly committing acts that
alarm or seriously annoy another person and that serve
no legitimate purpose; or
4. Initiating communication with a person, anonymously
(Vail 9-30-77) 144
17v
MALICIOUS INJURY TO PROPERTY
or otherwise by telephone, in a manner intended to
harass or threaten bodily harm or property damage, or
making any comment, request, suggestion, or proposal
by telephone which is obscene; or
5. Making a telephone call or causing a telephone to ring
repeatedly, whether or not a conservation ensiles, with
no legitimate conversation; or
6. Making repeated communications at inconvenient hours
or in offensively coarse language.
B. As used in this section, unless the context otherwise
requires, "obscene" means a patently offensive description
of ultimate sexual acts or solicitation to commit ultimate
sexual acts, whether or not said ultimate sexual acts are
normal or perverted, actual or simulated, including
masturbation, cunnilingus, fellatio, analingus, or excretory
functions.
C. Any act prohibited by subdivision 5 of subsection A of this
section may be deemed to have occurred or to have been
committed at the place at which the telephone call was
either made or received.
(Ord. 21(1977) § 12, 1977.)
Article V
OFFENSES AGAINST PROPERTY
Chapter 9.46
MALICIOUS INJURY TO PROPERTY 16
Sections:
9.46.010 Criminal injury to property.
9.46.010 Criminal injury to property.
It is unlawful for any person intentionally to injure, deface,
mutilate, rr.movc, pull down, break, or in any way interfere
145 (Vail 9-30-77)
PUBLIC PEACE, MORALS AND WELFARE
with, molest, desecrate or destroy any trees or real or personal
property belonging to or under control of the town or any
person within the limits of the town. (Ord. 21(1977) § 13.)
Chapter 9.48
TRESPASSING"
Sections:
9.48.010 Trespassing.
9.48.010 Trespassing.
It is unlawful for a person to enter upon any property
within the town owned or occupied by another without license
or privilege to do so, or to remain upon any such property after
having been requested to leave by the owner of the property or
by any person having charge of the property. (Ord. 21(1977) §
l4.)
Chapter 9.50
POSTING HANDBILLS
Sections:
9.50.010 Restrictions.
9.50.010 Restrictions.
It is unlawful for any person to stick, paint or post any
handbill, poster or placard of any description upon any private
property within the town without the permission of the owner
of or occupant of the property; or for any person to stick,
paint, or post any handbill, poster or placard upon any post,
pole or other premises located upon the public buildings,
streets, alleys or sidewalks of the town without the permission
of the town council. (Ord. 17(1966) Art. 5 § 3.)
(Vail 9-30-77) 146
0
•
RESTRICTIONS ON USE 017 PUBLIC STREETS
Chapter 9.52
Sections:
9.52.010
9.52.020
9.5 2.030
9.52.03S
9.5 2.040
1ZI-S'fKIC:'1'I0NS ON USE OF
PUBLIC STREETS's
Blocking streets.
Skimobiles.
Camping restrictions.
Camping--Prohibited,
Injuring street.
9.52.010 Blocking streets.
It is unlawful for any person or group of persons to obstruct
or impede public travel upon any public street, highway or
sidewalk or in any place of a public nature within the town, or
to interfere with the free and unobstructed use of a public
street, way, sidewalk or place by ;my other person or persons;
and it is the duty of any person or group of' persons to comply
with a request of the mayor, town marshal or any police officer
of' the town to disburse or to discontinue any obstruction or
intrrfrrrncc with the use of any public street, way, sidewalk or
place within the town. ('Ord. 17(l900) Art. 6 § I.)
9.5 2.020 Skiniobiles.
It is unlawful for any person or group of persons to operate
;r skinmbile, ski-horse, skidoo or other similar type of snow
vehicle upon ;rny public street, way or sidewalk within the
town, except upon the written authorization of the town
council and under the conditions set forth by the town council.
(Ord. 17(196(1 Art. 6 §
9.52.030 Camping restrictions.
It is unlawful for ;my person to sleep, spend the night, cook
or establish a place of' abode in any vehicle, trailer, or camper
on ;rny public street, way, sidewalk, or place within the town
except the main parking, lot at Vail/Lionsllead, described as Lot
140-1 (Vail 9-15-78)
i IV
RkS'l RICTIONS ON USIA 01-~ PUBLIC STREi:,TS
I, Block 2, Vail/Lionsl-lead First Filing, according to the
rCCOrded plat of same filed with the town, which shall be the
only designated place for the temporary parking of such
vehicles referred to in this section. In no event shall any vehicle,
trailer or camper be parked or stored in the designated area for
a period in excess of' ten days. (Ord. 17(1967) § I (part): Ord.
17( 1 1)0()) rt. 6 § 3.)
9.52.035 Camping-Prohibited.
It is unlawful for ;uly person to reside temporarily on any
parcel in the town not specifically designated therefor, for a
period longer than two nights in any tent, shelter, mobile home,
recreational vehicle, trailer, or any other temporary or movable
shchcr that has not been permanently attached to the land
:111d/or received appropriate approvals from the town. (_Ord.
19( 1975) § l.)
9.52.040 Injuring.; street.
It is unlawful for any person to operate tractors with lug
wheels, or any vehicle with wheels injurious to pavements, upon
the paved public streets in the town unless the operator first
makes adequate provision to protect the streets and receives
approval from the town marshal for the method of protection.
(Ord. 18(1971) § 1 (part): Ord. 17(1966) Art. 6 § 4.)
147 (Vad 9-15-78)
P,
o •
PUBLIC 1'1,,-ACL, MORALS AND WELFARE
Article VI
CONSUMER PROTECTION
(RESERVED)
Article VII
OFFENSES BY OR AGAINST MINORS
Chapter 9.54
ABANDONED ICEBOXES, REFRIGERATORS
AND CONTAINERS
Sections:
9.54.010 Restrictions.
9.54.010 Restrictions.
It is unlawful for any person to leave or permit to remain
outside of any dwelling, building, or other structure, or within
.uly unoccupied or abandoned building, structure or dwelling
under his control, within the town, in a place accessible to
children, any abandoned, unattended or discarded icebox,
refrigerator, or other container which has a door or lid,
snaplock or other locking device which may not be released
from the inside without first removing the door or lid, snaplock
or other locking device. (Ord. 17(1966) Art. 1 6.)
(Vail 9-15-78) 148
r
~f
0
WEAPONS
Article Vill
WEAPONS
Chapter 9.56
CONCEALED WL'APONS19
Sections:
9.56.010 Concealed weapon.
9.56.010 Concealed weapon.
It is unlawful for any person, without legal authority to do
so, to wear under his clothes or conceal about his person, or to
display in a threatening manner, any dangerous or deadly
weapon within the town. A town peace officer is autliorized
and empowered to conduct a limited search of a person for the
purpose of determining the existence of'such a weapon when he
has reasonable -rounds to believe. that the individual is armed
and dangerous and that such action is necessary in order to
protect himself or others. Any weapon so found shall be
confiscated and turned over to the chief of police for
disposition. (Ord. 21(1977) § 15.)
149 (Vail 9-30-77)
V
O
PUBLIC PEACE, MORALS AND WELFARE
TITLE 9 FOOTNOTES
1. For provisions concerning nuisances, see Ch. 8.24 of this
code.
2. For statutory provisions regarding refusal to aid a peace
officer, see C.R.S. 1973 § 18-8-107.
3. For statutory provisions regarding escape and offenses
relating to custody, see C.R.S. 1973 Title 18, Art. 8, Part 2.
4. For statutory provisions regarding accessories to crime, see
C.R.S. 1973 § 18-8-105.
5. For statutory provisions regarding resisting arrest, see C.R.S.
1973 § 18-8-103; for provisions regarding obstructing a
peace officer, see C.R.S. 1973 § 18-8-104.
6. For statutory provisions regarding impersonating a police
officer, see C.R.S. 1973 § 18-8-112.
7. For provisions regarding escape and offenses relating to
custody, see C.R.S. 1973 Title 18, Art. 8, Part 2.
8. For statutory provisions regarding false reports, see C.R.S.
1973 § 18-8-111.
9. For statutory provisions regarding fraud, see C.R.S. 1973
Title 18 Art. 5; for statutory provisions regarding theft, see
C.R.S. 1973 Title 18, Art. 4, Part 4.
10. For statutory provisions regarding public indecency, see
C.R.S. 1973, Title 18, Art. 7, Part 3.
11. For statutory provisions regarding prostitution, see C.R.S.
1973 I8-7-201 - 18-7-208; for statutory provisions
authorizing municipalities to suppress bawdy and disorderly
houses and houses of ill fame or assignation within the
limits of the city or town or within three miles beyond, see
C.R.S. 1973 § 31-21-101(52).
•
a
(Vail 9-30-77) 150
TITLE 9 FOOTNOTFIS
121. For statutory provisions concerning the sale of intoxicating
beverages to intoxicated persons, see C.R.S. 1973 §
12-47-124(6).
13. For statutory provisions regarding riots, see C.R.S. 1973
18-9-101 - 18-9-105.
14. For statutory provisions regarding disorderly conduct, see
C.R.S. 1973 § 18-9-106.
15. For statutory provisions regarding riots, see C.R.S. 1973 §
18-9-101 et seq.
16. For statutory provisions regarding trespass, tampering, and
criminal mischief, see C.R.S. 1973 Title 18, Art. 4, Part 5.
17. For statutory provisions regarding trespass, tampering, and
criminal mischief, see C.R.S. 1973 Title 18, Art. 4, Part 5.
I8. For statutory provisions concerning the power of cities and
towns to regulate :uul improve streets, alleys and avenues,
scc C.R.S. 1973 § 31-12-101(20).
19. 1701- statutory provisions relating to firearms and weapons,
see C.R.S. 1973 18-12-101 - IS-12-108.
151
•
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
11
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF A public hearing before the
Town Council of the Town of Avon, Colorado, at 7:30 on
the 28th day of August, 1979 at the Town Hall for the
purpose of considering the adoption of ORDINANCE NO.
19, Series of 1979:
AN ORDINANCE A1ENDING ORDINANCE NO. 2. SERIES OF 1978,
BY CHANGING A REFERENCE TO A CERTAIN SECTION OF THE MODEL
TRAFFIC CODE FROM AN INCORRECT TO A CORRECT REFERENCE.
A copy of said Ordinance is attached hereto and is also
on file at the office of the Town Clerk and may be in-
spected during regular business hours.
Following this hearing, the Council may consider final
passage of this Ordinance.
This notice given and published by order of the Town
Council of the Town of Avon, Colorado.
Dated this
TOWN OF AVON, COLORADO
By:
A ring Tow Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON AUGUST 16, 1979.
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, (AVON POST OFFICE)
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL
THE PESTER GAS STATION; AND
THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER
ORDINANCE NO. 19
SERIES OF 1979
AN ORDINANCE AMENDING ORDINANCE NO. 2. SERIES OF 1978, BY CHANGING
A REFERENCE TO A CERTAIN SECTION OF THE MODEL TRAFFIC CODE FROM AN
INCORRECT TO A CORRECT REFERENCE.
WHEREAS, a reference to a certain Section of the Model
Traffic Code has been inserted incorrectly into the Town of
Avon, Ordinance Number 2, Series of 1978;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
Section 1. Ordinance Number 2, Series of 1978, Section 3,
"Application", is hereby repealed and reenacted
to read as follows:
Section 3. Application. This Ordinance shall
apply to every street, alley, sidewalk area,
driveway, park, and to every other public way
or public place or public parking area, either
within or outside the corporate limits of the
municipality, the use of which this municipality
has jurisdiction and authority to regulate.
The provisions of Section 5-1, 5-2, 15-12, 21-13
and 23-3 of the Adopted "Model Traffic Code,"
respectively, concerning reckless driving,
careless driving, unauthorized devices, eluding
officer, and accident investigation shall apply
not only to public places and ways but also
throughout this municipality.
Section 2. If any part section, subsection, sentence, clause
or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect
the validity of the remaining portions of this
Ordinance; and the Town Council hereby declares it
would have passed this Ordinance, and each part,
section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
-1-
ONCE 114
hearing
Town Co
Section 3. The Council hereby finds, determines and declares
that this Ordinance is necessary and proper for
the health, safety and welfare of the. Town of
Avon and the inhabitants thereof.
INTRODUCED, READ ON
FULL THIS /
on this Ordinance s
sncil of the Town of
o~, , 1979.
FIRST READING, APPROVED AND ORDERED PUBLISHED
day of ,t cam , 19.79_, and a public
hall be held at the regular meeting of the_
Avon, Colorado, on the 2~z1_ day of
Mayor Pro Tem -r-
ATTEST:
"Y 4f " '4/
Ac ng Town Clerk
INTRODUCED; READ ON SECOND READING, APPROVED, AND ORDERED PUBLISHED
THIS day of , 1979.
Mayor
ATTEST:
Town Clerk
-2-
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF A public hearing before the
Town Council of the Town of Avon, Colorado, at 7:30 on
the 28th day of August, 1979 at the Town Hall for the
purpose of considering the adoption of ORDINANCE NO.
16, Series of 1979:
AN ORDINANCE GRANTING A FRANCHISE TO ROCKY MOUNTAIN CABLE
TV, INC., ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPER-
ATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE TOWN OF
AVON, COLORADO, AND SETTING FORTH CONDITIONS ACCOMPANYING
THE GRANT OF FRANCHISE AND PROVIDING FOR TOWN APPROVAL
AND REGULATION AND SETTING OUT ADDITIONAL DETAILS IN RE-
LATION THERETO.
A copy of said Ordinance is attached hereto and is also
on file at the office of the Town Clerk and may be in-
spected during regular business hours.
Following this hearing, the Council may consider final
passage of this Ordinance.
This notice given and published by order of the Town
Council of the Town of Avon, Colorado.
Dated this
TOWN OF AVON, COLORADO
i
By: j 2A
Ac ng Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON AUGUST 21, 1979.
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPINC CENTER,
(AVON POST OFFICE)
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL
THE PESTER GAS STATION; AND
THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER
ORDINANCE NO. 16
SERIES OF 197.9.
AN ORDINANCE GRANTING A FRANCHISE TO ROCKY MOUNTAIN CABLE TV, INC.,
ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE AND MAINTAIN A
CABLE TELEVISION SYSTEM IN THE TOWN OF AVON, COLORADO, AND SETTING
FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE AND PROVIDING
FOR TOWN APPROVAL AND REGULATION AND SETTING OUT ADDITIONAL DETAILS
IN RELATION THERETO.
WHEREAS, the provisions of Section 17.6 of the Town
Charter for the Town of Avon, Colorado, have been altered as a
result of the Special Municipal Referendum Election held in the
Town of Avon, Colorado on July 10, 1979; and
WHEREAS, the Town Council may now establish by Ordinance,
without further approval of the electorate, the terms, fees, compen-
sation, conditions, and any other matters related to the granting
of franchises; and
WHEREAS, the Town Council has determined that substantial
numbers of residents of the Town of Avon desire to receive Cable
TV service; and
WHEREAS, in order to permit the installation of a Cable
TV System within the Town of Avon, it is necessary for the Town to
authorize the use of certain easements and rights-of-way;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, THAT:
Section'l. Title.
This Ordinance shall be known as the "Ordinance
granting a CATV Franchise."
Section 2. Definitions.
For the purpose of this Ordinance, the following
terms, phrases, words, abbreviations and their derivations
shall have the meaning herein given. When not inconsistent
with the context, words used in the present tense include
-1-
the future tense, words in the plural number include
the singular number, and words in the singular number
include the plural number. The word "shall" is always
mandatory. The captions supplied herein for each
Section are for convenience only. Said captions have
no force of law, are not part of the Section, and are
not to be used in construing the language of the
Section. The following terms and phrases, as used
herein, shall be given the meaning set forth below:
A. "Town" is the Town of Avon, Colorado, a
home rule municipal corporation organized under
the laws of the State of Colorado.
B. "Grantee" is Rocky Mountain Cable TV, Inc.,
a corporation organized and existing under the laws
of the State of Colorado, and it is the grantee
of rights under this Ordinance and Franchise.
C. "Town Council" is the Town Council of the
Town of Avon, Colorado, or its designated repre-
sentative.
D. "Federal Communications Commission" or
"FCC" is the present federal agency of that name as
constituted by the Communications Act of 1934, or
any successor agency created by the United States
Congress.
E. "Person" is any individual, firm, partner-
ship, association, corporation, company or organi-
zation of any kind.
F. "Gross Subscriber Revenues" shall include
all compensation derived from periodic service
charges in connection with the carriage of broadcast
signals, but shall not include refunds or credits
made to subscribers, or taxes imposed upon the
-2-
services furnished by the Grantee. It shall also
include all revenue from "ancillary" or "auxiliary"
services, which include but are not limited to,
advertising, leased channels, and programming
supplied on a per program or per channel charge
basis, if any.
G. "Regular Subscriber Service" shall include
the carriage of broadcast signals, but shall not
include "ancillary" or "auxiliary" services, which
include, but are not limited to, advertising, leased
channels, and programming supplied on a per program
or per channel charge basis, if any.
Section 3. Grant of Authority-Exclusivity.
There is hereby granted by the Town to Grantee, the
right and privilege to construct, erect, operate and
maintain in, upon, along, across, above, over or under
the streets, alleys, easements, public ways and public
places now laid out or dedicated and all extensions
thereof and additions thereto in the Town, including
any future annexations, all poles, wires, cables, under-
ground conduits, manholes and other conductors and
fixtures necessary for the maintenance and operation in
the Town of a Cable Television System for the transmission
of television signals and all other signals permitted
by the FCC, with all of the necessary and desirable
appliances and appurtenances pertaining thereto. This
grant is subject to the requirements of Section 5, which
require that the Grantee shall place underground, to the
fullest extent possible, wires, cables and all other
fixtures necessary for the maintenance and operation of
its Cable Television System in the Town. Without limiting
the generality of the foregoing, this franchise and grant
shall and does hereby include the right in, over, under
and upon the streets, sidewalks, alleys, easements and
-3-
• •
public grounds and places in the Town to install, erect,
operate or in any way acquire the use of, as by leasing
or licensing, all lines and equipment necessary to a Cable
Television System and the right to make connections to
subscribers and the right to repair, replace, and enlarge
and extend said lines, and equipment connections.
The rights herein granted for the purposes herein
set forth shall be exclusive in the Grantee, and the Town
shall not grant a similar use of said streets, alleys,
easements, public ways and places to any person at any
time during the period of this franchise; provided,
however, the Grantee shall upon such terms and conditions
as may be dictated by the Town, and as are contained in
this Grant, meet and continue to meet its obligation to
the public to provide the fullest and best possible
programming and service consistant with a reasonable rate
structure and a reasonable return on investment.
Section 4. Indemnification.
Grantee shall indemnify and save the Town harmless
from all loss sustained by the Town on account of any
suit, judgment, execution, claim or demand whatsoever
against the Town resulting from any negligent act or
omission on the part of Grantee in the construction,
operation or maintenance of its Cable Television System
in the Town; and for this purpose, Grantee shall at all
times carry property damage and personal injury insurance
with a responsible insurance carrier qualified to do
business in the State of Colorado. The amounts of such
insurance to be carried for liability due to property
damage shall be fifty thousand dollars ($50,000) for
property damage in any one accident; and against liability
due to injury or death of a person, one hundred thousand
dollars ($100,000) to any one person in any one accident
and three hundred thousand dollars ($300,000) for personal
-4-
• 0
injuries or death to all persons in any one occurrence.
The Town shall notify Grantee in writing within a reason-
able amount of time after the presentation of any notice
of a claim or demand, either by suit or otherwise, made
against the Town on account of any alleged negligent act
or omission as aforesaid on the part of Grantee. Where
any such claim or demand against the Town is made by suit
or legal action written notice thereof will be given by
the Town to the Grantee not less than five (5) days prior
to the date upon which an answer to such legal action is
due or within ten (10) days after the claim or demand is
made upon the Town, whichever notice period yields Grantee
the larger amount of time within which to prepare an
Answer.
Section 5. Construction and Maintenance - Police Power.
A. Grantee shall place underground to the
fullest extent possible, wire, cables and all other
fixtures necessary for the maintenance and operation
of its Cable Teievision System in the'Town.
B. All structures, lines and equipment erected
or installed by Grantee within the Town shall be so
located as to cause no interference whatsoever with
the proper use of streets, alleys, easements and
other public ways and places and to cause minimum
interference with the rights and reasonable use and
convenience of property owners and Grantee shall
comply with all Ordinances of the Town now or here-
after in force. Additionally, Grantee shall at all
times be subject to all lawful exercises of the Police
Power of the Town. Existing conduits and other such
structures of any electric power system, telephone
company, or other public utility located in the Town
shall be made available to Grantee for leasing or
licensing upon reasonable terms and rates. Grantee
-5-
shall avoid any unnecessary duplication of such
facilities. The Town shall actively assist Grantee
to the fullest extent possible in obtaining reason- ,
able joint use agreements from the owners of such
existing equipment. To the extent that existing
conduits and other such structures are not available,
or not available under reasonable terms and conditions,
Grantee shall have the right to purchase, lease or
in some other manner acquire land or rights-of-way
upon or under which to erect and maintain its own
conduits and other structures as may be necessary
for the construction and maintenance of its Cable
Television System.
C. In case of any disturbance by Grantee of
any pavement, sidewalk, driveway, or other surfacing,
Grantee shall, at its own cost and expense and in a
manner approved by the Town, replace and restore
such paving, sidewalk, driveway, or surface so
disturbed and return it to as good condition as before
said work was commenced.
D. In the event that at any time during the
period of this franchise, the Town shall elect to
alter or change any street, alley, easement, or
other public way requiring the relocation of Grantee's
facilities, then Grantee, upon reasonable notice by
the Town, shall remove; re-lay and relocate the same,
and Grantee shall bear the entire cost of such
relocation; provided, however, that where public
funds are specifically available for such re-laying
or relocation, or where it is possible to share such
costs with other utilities whose facilities are also
being re-layed or relocated, Grantee shall bear only
a portion of the said relocation expense.
-6-
•
E. All poles, lines, conduits, structures and
other facilities of Grantee in, on,.over and under
the streets of the Town shall be kept by Grantee at %
all times in a safe and satisfactory condition.
Section 6. FCC Rules Applicable.
This Franchise is governed by and is subject to all
applicable rules, regulations and policies of the Govern-
ment of the United States, including the Federal Communi-
cations Commission, and the laws of the State of Colorado.
Should there be any modifications of the rules and
regulations of the Federal Communications Commission
that must by law be incorporated into this Franchise, the
Town and Grantee agree that such incorporation shall be
accomplished within one (1) year after the effective date
of the FCC's adoption of the modification or upon renewal
of this Franchise, whichever occurs first. This Franchise
shall take effect and be in full force from and after
acceptance by Grantee as provided in Section 15, and shall
continue in full force and effect for an initial term of
fifteen (15) years. The expiration date of the initial
fifteen (15) year Franchise is hereby stipulated to be
December 31, 1994.
Section 7. Renewal Procedure.
Grantee shall have the option to request a renewal
of this franchise for an additional period not to exceed
fifteen (15) years. Should Grantee desire to exercise
this option, it shall notify the Town, in writing, not
less than three (3) months prior to the expiration of
this Franchise. The expiration date of the initial
fifteen (15) year Franchise is hereby stipulated to be
December 31, 1994. Upon Grantee's request to exercise
this renewal option, the Town shall conduct a full, open,
public renewal inquiry proceeding and shall provide
notice thereof and an opportunity for all interested
-7-
•
to be heard. The renewal proceedings shall be held
to consider the Grantee's performance during the period
of this Franchise and to determine whether,or not to
renew this Franchise. Renewal shall not be unreasonably
denied, and shall be granted unless Grantee is found to
be unqualified to continue operation of this Cable
Television System or not operating in the public interest,
convenience and necessity.
If this Franchise is renewed by the Town, all the
terms and provisions contained herein shall be controlling
during the renewal period, except to the extent that said
terms and provisions are modified, amended, omitted,
deleted, or changed by the Town, or unless this Franchise
is superceded by a new Franchise. Should the Town, for
any reason, be unable to complete the renewal proceedings
prior to expiration of this Franchise, Grantee shall have
the right to continue operation of its Cable Television
System pursuant to the terms of this Franchise and until
such time as the renewal proceedings are concluded. Should
the Town deny renewal of this Franchise, such denial shall
be accompanied by a written statement setting forth the
reasons for the denial. Grantee shall have the right to
request review of any such denial by any court of
competent jurisdiction. Furthermore, in the event the
Town denies renewal, Grantee shall be afforded a period
of six (6) months following such denial within which to
sell, transfer, or convey this Cable Television System
to a qualified purchaser at a fair market value. During
the six (6) month period, which shall run from effective
date of the final order or decision denying renewal,
including any appeal, Grantee shall have the right to
operate its Cable Television System pursuant to the terms
of this Franchise.
-8-
• •
Section 8. Forfeiture.
If Grantee shall violate the terms, conditions, or
provisions of this Franchise or if Grantee should fail to
comply with any reasonable provisions of any Ordinances
of the Town regulating the use by Grantee of the streets,
alleys, easements or public ways of the Town, and should
Grantee further continue to violate or fail to comply
with the same for a period of thirty (30) days after
Grantee shall have been notified in writing by the Town
to cease and desist from any such violation or failure
to comply so specified, then Grantee may be deemed to have
forfeited and annulled and shall thereby forfeit and annul
the rights and privileges by this Franchise; provided,
however, that such forfeiture and annulment shall be
declared only by written decision of the Town Council and
after an appropriate public proceeding before the Town
Council affording Grantee due process and full opportunity
to be heard and to respond to any such notice of violation
or failure to comply; and provided further the Town Council
may, in its discretion and upon a finding of violation or
failure to comply, impose a lesser penalty than forfeiture
of this Franchise or excuse the violation or failure to
comply upon a showing by Grantee of mitigating circumstances.
Grantee shall have the right to appeal any finding of
violation or failure to comply and any resultant penalty
to any court of competent jurisdiction. In the event
that forfeiture is imposed upon Grantee, it shall be
afforded a period of six (6) months within which to sell,
transfer, or convey this Cable Television System to a
qualified purchaser at a fair market value. During the
six (6) month period, which shall run from the effective
date of the final order or decision imposing forfeiture,
including any appeal, Grantee shall have the right to
operate this Cable Television System pursuant to the
provisions of this Franchise.
-9-
Section 9. Payment to Town.
In consideration of the terms of this Franchise,
Grantee agrees to pay and shall pay, according to the %
following schedule, the specified percentage of its
Gross Subscriber Revenues:
Calendar
year,
1980
- - - - One Percent (1$)
Calendar
Year,
1981
- - - - Two Percent (2%)
Calendar
Year,
1982
- - - - Two Percent (2%)
Calendar
Year,
1983
and each succeeding
calendar year through the initial fifteen year
term of this Grant - - - - Three Percent (3%).
Should Grantee exercise:its renewal option as
described in Section 7 above, the payment to be made
during the second fifteen year term shall be as
determined by the Town Council at the time the renewal
is granted, but if no such determination is made, or
during any holdover period, Grantee shall pay to the
Town annually, three percent (3%) of its Gross Subscriber
Revenues.
Because it is understood by the Town that Grantee's
intention in charging for installation and hook-up is
simply to recoup its out of pocket expenses and to provide
for the varying needs and desires of its subscribers, the
Town will not impose any Franchise or other fee on the
revenue derived from those sources.
All fees and revenue due the Town under this Section
shall be computed using the Total Gross Subscriber
Revenues for the entire calendar year, which shall also
be known as the "operating year". Final and total,
complete payment of this Franchise Fee to the Town shall
be made not later than April 1 of the following year.
Nothing contained herein shall be construed as preventing
payment at some earlier date or partial payment during
-10-
the course of the operating year, which shall be at the
option of Grantee. Any amounts due, but unpaid as of
April 1 of any given year shall draw interest at the
rate of twelve percent (12%) per year.
Section 10. Sale or Transfer of Ownership Interest.
The Town has awarded this Franchise based on the
specific representations of the Owners and Agents of
Rocky Mountain Cable TV, Inc., regarding the nature and
quality of the services to be offered both in the present
and the future. This award has been made after considering
the proposals which have been made by others who offered
to provide similar services. While the grant of the
Franchise is not a personal one to the owners of the
Grantee Corporation, the award is, nevertheless, based
on representations made by those individuals.
The individuals who presently own, manage and direct
the Grantee Corporation are Darrell Davis and Jerrell
Davis. If these individuals at any time wish to dispose,
sell, transfer or convey any amount or percentage of
their jointly held ownership interest, which disposition,
sale, transfer or conveyance when completed would leave
the total amount of issued stock held by these individuals
at less than 510 ( a controlling interest), they must
seek and obtain the approval of the Town Council before
doing so. Such approval shall not be unreasonably withheld.
Other dispositions, sales, transfers and conveyances,
which do not amount to relinquishment of controlling
interest by Darrell Davis and Jerrell Davis may take place
without Council approval, but shall be called to Council's
attention by means of a Change of Ownership Statement
which shall be filed with the Town Clerk within ten days
of any such disposition, sale, transfer or conveyance.
Such Change of Ownership Statement shall include a specific
list of all ownership interests in the Grantee Corporation
-11-
•
•
including an accounting of any unissued stock, and an
indication of the specific percentage which each owner
holds, both prior to and following the subject disposition,
sale, transfer or conveyance.
Nothing in this agreement shall be deemed to prevent
or prohibit the assignment, pledge or hypothecation of
stock in the Grantee Corporation, including by Darrell
Davis and/or Jerrell Davis, when and only when such
assignment, pledge or hypothecation is in fact being used
as collateral for a loan to improve, upgrade or expand
the Cable TV System which is the subject of this Franchise.
This shall be permissible even when it results in Darrell
and Jerrell Davis being without unencumbered controlling
interest in the Grantee Corporation. Any such assignment,
pledge or hypothecation of stock shall be made )mown to
the Town Council by the filing of a copy of the document
under which such assignment, pledge or hypothecation was
achieved. A copy of such document shall be filed with the
Town Clerk within ten days of its effective date.
In any assignment, pledge or hypothecation of any
kind by Grantee Corporation or any of its owners, there
shall exist a provision under which the Town of Avon is
granted and assured a right of prior redemption in the
case of a default by Grantee Corporation. Evidence of
the existence of this right of prior redemption shall be
furnished and filed with the Town Clerk within ten days
of the effective date of the assignment, pledge or
hypothecation. Nothing in this agreement shall be deemed
to create in any way any obligation or duty of the Town
to exercise the Right of Prior Redemption granted herein.
Section 11. Annual Review and Consultation - Review
of Rates - Approval by Council.
Each year that this Franchise is in effect, including
any period of renewal or extension granted pursuant to
Section 7 of this Ordinance, there shall be an Annual
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Review. This shall consist of a meeting of the Town
Council, either a study session or regular or special
meeting or any combination of them, as the Council may
determine, at which stockholders, agents or representatives
of Grantee shall appear and provide, in as much detail as
requested by the Town Council, facts concerning the
history of the Grantee Corporation, both with respect to
financial matters and to operations. This annual Review
shall take place at the first regular meeting held during
the month of April of each year. Grantee shall also have
the opportunity to present, and may be requested to provide
information concerning future plans for expansion of its
system and/or additional services to be offered. It is
anticipated that this Annual Review will be a cooperative
sharing of ideas as well as a constructive review of any
problems or complaints which may have arisen during the
previous operating year. It is appropriate for Grantee
to raise the issue of rate changes at this Annual Review
although Grantee is hereby also specifically authorized'
to appear before the Town Council at any regular meeting,
by notifying the Town Clerk of its desire to be placed on
the Agenda at least one week in advance of the regular
meeting at which it wishes to appear, to present any rate
changes which it desires to make.
In the event that Grantee requests a rate change,
it shall present to the Town Council, at a regular or
special meeting of the Town Council, such evidence and
supporting material as it may desire. Grantee shall
also be prepared to respond to questions from the Town
Council and the Public. In considering a rate change,
the Council shall vote to either pass or not pass the
ordinance containing the new rate schedule, which
Ordinance shall be treated as other Avon Ordinances,
except that a new rate schedule change shall not be passed
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E
as an Emergency Ordinance.
•
If the Ordinance is not
passed, adopted and enacted by the Town Council, the rate
schedule shall remain as it existed previously.. The
Council may consider any factors which it deems relevant
in determining whether or not to adopt a proposed rate
schedule change.
Section 12. Rate Schedule.
The following rate schedule shall be in effect during
the term of this Franchise unless and until it is modified,
changed or amended by the Town
Council:
MONTHLY
RESIDENTIAL
INSTALLATION
CHARGE
New Installation (underground)
$ 40.00
$ 9..95
Prewire (per outlet)
15.00
Hookup for prewire (per unit)
25.00
9.95
Reconnection
15.00.
9.95
Relocation of Outlet
15.00.
9.95
Additional Outlet
15.00
2.50
FM Outlet
15.00
2.50
Pay TV (HBO)
15.00
9.00
COMMERCIAL RATES
Apartment - Condominium 10.0%
Long
term - per
unit
40,00.
12
units - 36
units
8.95
ov
er 36 units
7.95
HBO -
100% (per
unit)
5.00
8.00_
Lodges
- Motels (1
00%)
Short
term (per
unit).
25.,0.0.
6.95
HBO -
100% (per
unit)
5.00
7.00
Bars &
Lounges
40.00
9.95
Additio
nal Outlets
15.00
2.50
Pay TV
(HBO)
15.00
9.00
Payment of 1 full year in advance - 13th month - no charge.
Rocky Mountain Cable TV will continue to provide TV
service to all residences on the present system. Sub-
scribers now on the present system will not be required
to pay any hook-up or reconnect fees when full service is
initiated (does not include HBO).
Nothing in this Ordinance shall be deemed to prohibit
reasonable promotional rates, which may, from time to
time, be less than the rates set forth above.
Any action by the FCC or any other Federal Govern-
ment Agency which is also imposed on other similar Cable
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•
i
TV Systems, such as an increase in the copyright fee,
which results in a direct per subscriber expense to ,
Grantee, shall be passed on to all subscribers directly
at the time that such additional expense is incurred by
Grantee without further approval or authorization by the
Town Council. If such an event occurs, Grantee hereby
agrees to notify all subscribers of the increase within
thirty days of the additional fee being assessed and
such notice shall state the reason for the increase and
a statement that such rate increase has been auto-
matically assessed under the provisions of this Franchise
Aareement.
Section 13. Construction of System _ Extent of Service.
Grantee hereby agrees to construct its Cable TV
System as quickly as is reasonably practicable. Due to
the construction in the Town of Avon at the present time
and in light of the plans for additional development and
construction, including the installation of underground
utilities and construction of roads, all of which is
known to Grantee, Grantee hereby agrees to install its
cable as the opportunity presents itself and to provide
service as soon as possible in those areas where such
service is requested.
Although it is anticipated that Grantee intends to
provide and will provide service to all those eventually
located within the present Town Limits who request such
service, and it is desirable that Grantee shall provide.
service to all those located within any future Town
Limits, including any area later annexed by the Town,
nothing in this Franchise shall be interpreted to require
that Grantee provide service to any specific prospective
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subscriber, provided that providing such service would
constitute a financial burden or hardship on Grantee.
In the absence of a showing of such hardship or burden,
if requested, Grantee shall not refuse to provide service
to anyone who requests it. Additionally, in any situation
where the prospective subscriber is willing to pay the
difference between Grantee's normal installation expenses
and the actual installation expenses for the location at
which service is being requested, Grantee shall make such
installation and provide such service, and may require
that the estimated expense of such installation be paid
prior to the actual installation.
Section 14. Line Severing.
A. At any time the Grantee's cable and/or
other equipment is disturbed, damaged, or severed,
the cost of repair shall be paid by the party
responsible for said damage. The Company may charge
the responsible party for the time and materials
expended for repair of said damage. Further, the
Town will cooperate with the Company to assist it
in enforcing any charge or penalization arising
from cable severing or other damage to Grantee
property. The Grantee shall repair any damage to
its cable or other equipment and restore service
immediately if such is feasible or otherwise as
promptly as practicable, ordinarily prior to seeking
payment for the damage or repair from the responsible
party.
B. A person or entity planning an excavation
within the Town may request the Grantee to inform it
of the location of its cable or other equipment in
the vicinity of the planned excavation, and as
promptly as practicable after its receipt of the
request, the Grantee shall give said information to
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said person or entity; the Grantee shall furnish
said information within 48 hours, excluding Saturdays,.
Sundays, and Colorado legal holidays, unless unusual
circumstances preclude it from doing so; the willful
or negligent failure of the Grantee to furnish said
information shall relieve the person or entity which
requested it from the obligation to pay for the
damage or repair that it causes or necessitates to
the Grantee's cable or other equipment, provided that
said person or entity uses reasonable care in making
the planned excavation; provided, further, that where
there is sufficient time, the request for information
and the information furnished shall be in writing.
C. In the event any necessary repair is not
completed within 48 hours after the damage to the
cable or other property occurs, the Grantee shall
inform the Town thereof, in writing if feasible,
giving the reasons for the delay and the estimated
time when the repair will be completed.
Section 15. Safety Requirements.
A. The Grantee shall at all times use ordinary
care in the construction, operation, maintenance,
repair, and utilization of its cable and other
facilities and shall install, maintain, and use
commonly accepted methods and devices for preventing
failures and accidents which are likely to cause
damage, injuries, or nuisances to persons or property.
B. All structures and all lines, equipment,
and connections in, over, under, and upon the streets,
sidewalks, alleys, and public ways or places in the
Franchise area, wherever situated or located, shall
at all times be kept and maintained in a reasonable,
safe, and appropriate condition and in good order and
repair.
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Section 16. Local Office - Complaints.
The Grantee shall maintain an office in the Town
or the vicinity thereof which subscribers within the ,
Franchise area may telephone without incurring toll
charges. Except in the event of catastrophic failure,
no subscriber's complaint shall remain without investi-
gation by the Grantee for more than a 24 hour period.
Accurate records shall be kept by the Grantee summarizing
the nature, extent, time, and date by which the complaint
was resolved or sought to be resolved. The Grantee shall
promptly furnish each.present or future subscriber with
a letter of instruction explaining the importance and
the manner of reporting complaints and rules and regulations
governing the obligations of the Grantee to respond to
subscriber complaints. Should a subscriber have an
unresolved complaint regarding the quality of cable
television service, equipment malfunctions, or other
pertinent matters, the subscriber shall be entitled to
meet jointly with the Mayor or Town Manager and the
Grantee's System Manager to fully discuss and attempt to
resolve such matters, provided, that prior to such meeting,
the Subscriber shall clearly state, in writing, the
specific nature, frequency and extent of the alleged
problem and the dates on which the problem has occurred.
This written complaint shall be filed with the Mayor or
Town Manager, who shall cause a copy of such complaint
to be immediately forwarded,to Grantee's system manager.
Grantee shall then have five days after receivng the
compalint within which to correct the problem and file
a written response with the Mayor or Town Manager stating
specifically what has been done to correct the problem.
If the subscriber remains unsatisfied following this
procedure, he may then request that such a meeting with
the Mayor or Town Manager and Grantee's system manager
be held.
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Section 17. Preferential or Discriminatory Practices
Prohibited. %
The Grantee shall not as to rates, charges, service
facilities, rules, regulations, or in any other respect
make or grant any preference or advantage to any person
or entity nor subject any person or entity to any
prejudice or disadvantage; provided, however, that
connection and service charges may be waived or modified
during promotional campaigns of the Company..
Section 18. Privacy of Subscribers.
Grantee shall not sell or otherwise furnish.or make
available any list of the names and/or addresses of its
subscribers to any person or entity for any purpose what-
ever.
Section 19. Provision of Service to Agencies of the
Town._
The Grantee shall provide without charge one outlet
to each governmental office building, fire station, police
Station, public and non-profit private school building
in the Franchise area that is passed by its cable.. The
distribution of the cable facility inside such buildings
and the extent thereof shall be at the option, duty, and
expense of the building owner or occupant..
Section 20. Violations.
A. From and after the effective date of this
Ordinance, it shall be unlawful for any person or
entity to construct, install, or maintain within any
public street in the Town, or within any other public
property of the Town, or within any privately-owned
area within the Town which has not yet become a
public street but is designated or delineated as a
proposed public street on any tentative subdivision
map approved by the. Town, any equipment or facilities
for distributing any television signal or radio
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signal through a CATV system, unless a Franchise
authorizing such use of such street, property, or
area has first been obtained from the Town, unless
such Franchise is then in full force and effect.
B. It shall be unlawful for any person or
entity to make any unauthorized connection, whether
physically, electrically, acoustically, inductively,
or otherwise, with any part of the Franchised CATV
system within the Town for the purpose of enabling
himself or another person or entity to receive any
television signal, radio signal, picture, program,
or sound, without payment to the operator of said
cable system.
C. It shall be unlawful for any person,
without the consent of the Owner, to willfully or
negligently tamper with, remove, or injure any
cables, wires, or equipment used for distribution
of franchised television signals, radio signals,
pictures, programs or sound.
Section 21. Penalties.
Any person or entity violating or failing to
comply with any of the provisions of Section 20 of
this Ordinance shall be guilty of a misdemeanor and
for each day of violation or failure to comply-may be
punished by a fine not to exceed $30.0.00 or by imprison-
ment for a term not to exceed ninety (90) days or by
both such fine and imprisonment.
Section 22. Arbitration.
A. Disputes between the Town and the Grantee
arising from the failure of either party to comply
with the provisions of the Franchise Ordinance or
any collateral agreements which cannot be resolved
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by the parties may be submitted to binding arbi-
tration as hereinafter provided.
B. The Town and the Grantee shall endeavor
to resolve all disputes, except as otherwise provided
herein, by preliminary procedures to be agreed upon.
Disputes or complaints not resolved by the prelim-
inary procedures may be submitted to binding arbi-
tration.
C. The arbitration procedure shall be substan-
tially as follows:
1. The party demanding arbitration shall
serve notice on the other party of the nature
of the complaint, stating the facts and grounds
and relief sought in reasonable detail.
2. If a settlement is not reached within
30 days after service of the aforesaid notice,
the Town and the Grantee shall within 30 days
thereafter each appoint as an arbiter a person
knowledgeable of cable television who is not
connected or associated with either the Town
or the Grantee, its parent, or subsidiary
corporations, and these two arbiters shall then
appoint a third arbiter as promptly as practicable
and in any event within 30 days after their
appointments.
3. Within 30 days following the appointment
of the third arbiter, the arbitration board so
constituted shall meet, establish reasonable
procedures, conduct a public hearing, obtain
evidence from the Town, the Grantee, subscribers,
and any other interested person or entity, and,
based upon the admissible evidence, resolve
the dispute on a reasonable and equitable basis
and consistent with the Franchise and any
effective collateral agreements.
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• •
4. The decision of the arbitration board,
reached by a majority vote, shall be binding
upon the Town and the Grantee.
5. Costs for an arbitration shall be paid
by the parties equally or in some other equit-
able manner as determined by the arbitration
board.
Section 23. Surrender Right.
Grantee may surrender this Franchise at any time
upon filing with the Town Clerk of the Town of Avon a
written notice of its intention to do so at least three
(3) months before the surrender date. On the surrender
date specified in the notice, all of the rights and
privileges and all of the obligations, duties and
liabilities of Grantee in connection with this Franchise
shall terminate.
Section 24. Acceptance.
This ordinance shall become effective when accepted
by Grantee and shall then be and become a valid and
binding contract between the Town of Avon and Grantee;
provided, however, that this Ordinance shall be void
unless Grantee shall, within ninety (90) days after the
final passage of this Ordinance, file with the Town Clerk
of the Town a written acceptance of this Ordinance and
the Franchise herein granted, agreeing that it will
comply with all of the provisions and conditions hereof
and that it will refrain from doing all of the things
prohibited by this Ordinance.
Section 25. Effective Date.
This Ordinance shall become effective upon acceptance
by Grantee as provided in Section 24. The effective date
shall be the date upon which the written acceptance
provided for in Section 24 is received by the Town
Clerk.
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Section 26. Severability.
If any part, section, subsection, sentence, clause
or phrase of this Ordinance is for any reason held to
be invalid, such decision shall not affect the validity
of the remaining portions of this Ordinance; and the
Town Council hereby declares it would have passed this
Ordinance, and each part, section, subsection, sentence,
clause, or phrase thereof, regardless of the fact that
any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
INTRODUCED, READ ON THE FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL, THIS 14th DAY OF August , 1979,
AND A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT THE MEETING
OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, ON THE 28th
DAY OF August 1979, AT 7:30 P.M. IN THE MUNICIPAL OFFICES
OF THE TOWN.
czI'Lez
Mayor Pro Tem
ATTEST:
Act' g Town rk
INTRODUCED, READ ON SECOND READING, APPROVED, AND ORDERED PUBLISHED
THIS DAY OF 19-79..
ATTEST:
Town Cler
ayor
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