TC Ord. No. 1978-060 •
ORDINANCE NUMBER 78-6
Series of 1978
AN, ORDINANCE PROVIDING FOR THE CONTROL,
LICENSING, IMPOUNDING AND DISPOSITION
OF DOGS WITHIN THE TOWN OF AVON
Whereas, the Town Council of the Town of Avon
has the legal authority pursuant to Section 6.9 of
Chapter 6 of the Charter for the Town of Avon, Colorado;
Section 31-16-201 et seq, C,:RpS. 1973, as amended;
and Section 31-15-401 (m) (I), C.R.S. 1973, as amended,
-to adopt by reference thereto,.the "Eagle County Dog
Control Resolution of 1977,` and any and all amendments
thereto, as enacted by,the County of Eagle, State of
Colorado.
!gher.eas, the-Town of Avon has determined that
the matter of dog control, licensing, impounding,
disposition,' and related problems thereto public health,
safety and welfare of the citizens of the Town of Avon,
County of Eagle, State of Colorado.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,COLORADO:
Section 1. Adoption.
Pursuant to Section 6.9 of'Chapter 6 of the Charter
for the Town of Avon, Colorado; Section 31-16-201,
et seq. C.R.S. 1973 as amended; Section 31-15-401 (m)
(I), C.R.S. 1973, as amended;. and Section 30-15-101
(2), C.R.S. 1973 as amended, there is hereby adopted
as the ordinance for the Control. licensing, Impounding
and Disposition of Dogs within the Town,of Avon,.by
reference thereto, the "Eagle County Dog Resolution
of 1977," and any and all amendments thereto, as enacted
by the County of Eagle, Colorado. The subject matter
of the adopted Resolution includes comprehensive regu-
lations and provisions for the control and licensing of
dogs, precedures, fees,and penalties for the,purpose
of protecting the public health, safety and'general
welfare.
Section 2. Resolution copies.
At least three (3) copies of the "Eagle County
Ord.78-6
Page 2
Dog Control Resolution of 1977, As Amended," all
certified to be true copies, have been and are now
on file in the office of the Town Clerk, and may be
inspected by any interested person between the hours
of DO a.m and O p.m. Monday through
Friday, holidays excepted. The "Dog Ordinance" as
finally adopted shall be available for sale to the
public through the office of the Town Clerk at a moderate
price.
Section 3 Delegation of Authority to the County
of Eagle Animal Control Officer.
The Town Council may, upon proper Resolution of
the Council, pursuant to Section 16.2 of Chapter 16,
of the Charter for the Town of Avon, Colorado; Section
29-1-201, et seq. C.R.S. 1973, as amended; and Section
30-15-101 (2), C.R.S. 1973, as amended, contract and
agrees that the Eagle County Animal Control Officer
and his deputies shall have authority to apprehend,
control, license, impound, dispose of and any matters
related thereto, any dog in violation of this
Ordinance, within the limits of the Town of Avon, and
that the "Eagle County Dog Control Resolution of
1977," as amended, shall be the regulations prescribed
once a dog is taken into custody of such Eagle County
Animal Control Officer or his deputies.
Section 4. Penalties.
(a) The following penalty clause as contained
in the "Eagle County Dog Resolution of 1977, as Amended,"
is herewith set forth in full and adopted:
Section 21.
A. A dog owner found violating any provision
of this Resolution shall be guilty of a misdemeanor
and opon conviction thereof shall be punished for
such offense by imprisonment for not more than ninety
days or by a fine of not more than $300.00 or by
both such imprisonment and fine.
(b) The following minimum fines shall apply
9 •
Ord 78-6 Page 3
to said violation:
1. First conviction - $25.00
2. Second conviction - $50.00
3. Third and each conviction thereafter - $100.00.
Section 5. Savings Clause.
If any part, section, subsection, sentence, clause,
or phrase of this ordinance or of the Eagle County Dog
Control Resolution of 1977, as Amended; adopted hereby,
is for any reason held to be invalid, such decisions
shall not affect the validity of the remaining sections
of this ordinance or of said "Eagle County Dog Control
Resolution of 1977, As Amended;" The Town Council
hereby declares that it would have passed this Ordinance
and adopted said "Eagle County Dog Control Resolution
of 1977, as Amended," in each part, section, subsection,
sentence, clause, or phrase thereof, irrespective of the
fact that any one or more parts, sections, subsections,
sentence, clause, or phrase thereof, irrespective of
the fact that any one or more parts, sections, subsections
sentences, clauses or phrases be declared invalid.
Section 6. Repeal and Effective Date.
Any or all ordinances or parts of ordinances of the
Town of Avon, in conflict or inconsistent herewith
are hereby repealed upon the effective date of this
Ordinance which shall be the completion of publication
as provided by the Charter for the Town of Avon.
INTRODUCED, READ, ADOPTED, AND ORDERED PUBLISHED THIS
26TH DAY OF SEPTEMBER 1978.
ATTEST:
BY fT31 jjL ~M tElk..
Town Clerk
By
ayor
•
INTER-GOVEP,NNENTAL CONTRACT
CONCERNING CONTROL OF DOGS
THIS CONTRACT entered into by and between the County of Eagle, State of Colorado,
a body corporate and politic, by and through it's Board of County Commissioners,
hereinafter referred to as "County", and the Town of Avon, State of Colorado,
a municipal corporation, hereinafter referred to as"Town".
WHEREAS, the County and the Town have the legal authority pursuant to the provisions
of Part 2, of Article 1, of Title 29, C.R.S. 1973, as amended, and Section 30-15-101
(2)-, C.R.S. 1973, as amended, to enter into an Inter-Governmental Contract to pro-
vide for the control, licensing, impoundment or disposition of dogs or to provide
for the accomplishment of any other aspect of the County or Town Dog Control or
Licensing Resolution and Ordinance respectively; and
WHEREAS, the County and the Town have determined that the matter of don control and
licensing and related problems thereto are matters of common interest and concern
to both parties hereto; and
WHEREAS, the Town is desirous of contracting with the County for the rendition of
such services; and
WHEREAS, the parties hereto desire to enter into a contract providing said services,
specifing the nature and extent thereof and establishinn compensation to be paid
therefore;
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and
promises contained herein, the parties hereto anree hereby as follows:
I. Dog Control, Licensing, impounding 4 and Disposition of Dogs.
A. Within the corporate limits of the Town of Avon, the County.of
Eagle shall provide for the control, licensing, impounding or
disposition of dogs pursuant to the Eagle County Dog Control
P.esoultion of 1979, as amended, through the Eaqle County Animal
Control Department, hereinafter referred to as "Department", as
may be required by the Town and as within the capability of the
Department to provide. Services to be performed under this para-
graph I include providing regular patrols within the Town of Avon,
responses to citizen calls/or calls from the Town law er`orcement
or other Town officials, licensing of dons residin.nl within the
Town of Avon, impoundment and disposition of impounded animals
and such other services related to doo control licensing, impound-
ment and disposition.
B. The rendition of such services, the standards of performance,
personnel policies and other matters incident to the performances
of such services shall remain at +he discretion of the Board of
County Commissioners of the County of Eagle, State of Colorado,
` • •
hereinafter referred to as "Board", or it's duly appointed
agent or representative, including such matters which may be
from time to time delegated to the Eagle County Animal Control
Officer.
C. In the event of a disagreement as to the performance of the
services to be provided pursuant to this paragraph I, the
Board or it's designate shall meet with the representative (s)
of the Town to review the manner of performance of such services.
II. Compensation.
A. The Town hereby transfers and assigns all right and interest to
any sums of money which would have or could have been collected
by the Town through licensing, impoundment or other administrative
fees and fines for ordinance violations had the Town not entered
into this contract; provided, however, this provision shall not
limit the specific amounts of said sums for licensing, impoundment
and other administrative fees and criminal penalties which the
County may from time to time collect pursuant to it's Dog Control
Resolution and State statute.
III. Adoption of County Dog Control Resolution.
A. Upon execution of this contract, the Town shall, pursuant to it's
Charter, State statute or it's Ordinance, as may be applicable,
and as soon as legally possible, adopt'(said adoption may be by
reference) the Eagle County Don Control Resolution of 1979, as
amended. Upon adoption of said County Resolution, said Resolution
shall have the same force and effect at law within the boundaries
of the Town of Avon as any ordinance relating to the same subject
matter which the Town could legally adopt within it's ,jurisdiction.
IV. Insurance and Liability.
A. Each party-to this contract shall provide it's own insurance coverage
as it may deem necessary for any potential liability arising from
this contract.
Further, the Town expressly agrees hereby to.hold the County harmless
from any and all liability arising from the performance of the
County pursuant to this contract. County agrees to hold the Town
harmless from any liability arising from the neglinent or intentional
acts of any County employees or officials.
V. Personnel.
A. The Town shall not be called upon to assume any liability for the
direct payment of any salaries, wanes or other compensation to any
County personnel performing services hereunder for the Town.
Except as herein otherwise specified, the Town shall not be liable
for compensation or indemnity to any County employee for injury or
sickness arising out of his/her employment.
All persons employed in the performance of the services and
functions referred to in this contract for the Town shall be
County employees and no Town employee as such shall be taken
over by County, and no person employed hereunder shall have any
Town pension, civil service or other status or right.
For the purpose of performing the services and functions referred
to in this contract and for the purpose of giving- official status
to the performance thereof, each County official and employee
engaged in performing such services or functions shall be deemed
to be an officer or employee of the Town while performing a
service or function for the Town within the scope of and pursuant
to this contract.
VI. Terms of Contract.
A. This contract shall be effective on f(y-\ mf 02c~, I. ISR~
1980, and may be terminated for any reason by either party upon
the giving of sixty (60) days prior written notice of such term-
ination to the other party. Notice shall be deemed to have been
given upon the mailing of said notice by United States Certified,
first class mail, postage prepaid, and addressed to the parties
at the respective addresses as shall appear herein or upon a
change of address pursuant to this notice provision. In the ab-
sence of such notice of termination, this contract shall be effect-
ive from year to year.
VII. Revocation of Prior Contract.
A. All prior contracts and/or agreements between the parties hereto
providing for the furnishing of Doq Control and related matters
thereto by the County, if any, shall cease to be effective upon the
execution of this contract by the parties hereto.
IN WITNESS WHEREOF the parties have hereunto set their hands and affixed their seals,
in counterpart, on the dates indicated to be effective the day and year first above
written, pursuant to a resolution or ordinance as appropriate, of their respective
governing bodies duly entered on the minutes thereof.
' • J a.
COUNTY OF EAGLE, STATE OF COLORADO
By and Through it's
BOARD OF COUNTY C011MISSIONERS
By
Dale F. ;rant, Chai man
ATTEST:
Clerk of the 6 of
County Commissioners
Address: P. 0. Box 850
Earle Colorado 81631
Telephone: 328-8311
TOWN OF AVON
ATTEST:
1
Town Clerk
By: 1 C~
Play
Address:
Ro o,, , C,ot~o r gl~ a0
Telephone: 94 5 - yd gam,
RESOLUTION
78-1
BE IT RESOLVED by the Town Council of the Town of Avon, Colorado,
pursuant to Section 16.2 of Chapter 16 of the Charter for the Town of
Avon, Colorado; Section 29-1-201, et seq.C.R.S. 1973, as amended; and
Section 30-15-101 (2), C.R.S. 1973, as amended, that the Town of Avon
deems it in the best interests of the residents of the Town of Avon to
protect the public health, safety and general welfare that the Town and
the'County of Eagle enter into a contract for the control, licensing.,
impounding and disposition of dogs within the Town of Avon.
BE IF FURTHER RESOLVED that the Town enter into a written
contract with the County of Eagle for the extension of services by the
Eagle County Animal Control Officer within the Town of Avon, and as
set forth in specific detail in the Intergovernmenta//l Contract Concerning
1978, which
Control of Dogs, dated the_ W4 _day of
is herein authorized to be executed by the Mayor of the Town.
READ, APPROVED, PASSED and ADOPTED,/ by the Town Council of the
Town of Avon, this a?~ day of e,.~ , 1978.
ATTEST: TOWN COUNCIL
TOWN OF AVON
B By
Ate 'X4 - fty ' - -
Town Clerk M or