Loading...
TC Ord. No. 1980-070 0 TOWN OF AVON ORDINANCE NO. 7 SERIES OF 1980 AN ORDINANCE AMENDING ORDINANCE NO. 17, SERIES OF 1979, TO PROHIBIT IMPOSITION OF IMPRISONMENT IN THE CASE OF PERSONS UNDER THE AGE OF EIGHTEEN YEARS; TO CHANGE THE DEFINITION OF "REC- REATIONAL FACILITY" AS THE SAME RELATES TO THE DEFINITION OF "LARCENY;" TO DEFINE THE OFFENSES OF "LOITERING" AND "PROCURING FOOD OR ACCOMMODATIONS WITH INTENT TO DEFRAUD;" AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: 1. Amendment. Section G., "Violations and Penalties," of Ordinance No. 17, Series of 1979, is amended to read as follows: "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; provided, no person under the age of eighteen years shall be punished by 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, continued, or permitted by such person and shall be punished accordingly. In addition to the penalty provided in this Section, any condition caused or permitted to exist in violation of -1- 0 0 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 Statures 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; provided no person under the age of eighteen years shall be punished by im- prisonment.' '8.12.050 Violation-Penalty. Any person violating any provision of this chapter shall be guilty of a mis- demeanor and, upon conviction thereof 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; provided, no person under the age of eight- een years shall be punished by imprisonment.' '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 punished by imprisonment for not more than ten days; provided, no per- son under the age of eighteen years shall be punished by imprisonment.' '8.24.140 Violation-Penalty. Any person convicted of violating any of the provisions 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 provisions of this chapter or each and every day or portion thereof dur- ing which any separate act in violation of this chapter is committed, continued or per- mitted, shall be deemed a separate offense.' -2- 9 0 Section 2. Amendment. Paragraph 17, Section H., "Text," of Ordinance No. 17, Series of 1979, is amended to read as follows: "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 subsection B shall be amended to read "Recreational Facility" means any golf course, tennis court, bowling alley or any recreational property or any related property, facility or thing whatsoever. Further, that Section 9.22.010, subsections C and D are hereby deleted in their entirety and the des- ignations "C" and "D" are hereby reserved for fut- ure 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 fac- ilities" 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." -3- • • 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. 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. Further, that a Section 9.22.080 is added as follows: 9.22.080 Procuring Food or Accommodations With Intent to Defraud. Any person who, with intent to defraud, procures food or accommodations in any public establishment without making pay- ment therefor in accordance with his ag- reement with such public establishment is guilty of the offense of procuring food or accommodations with intent to defraud. Removal of baggage from the premises of a public establishment with- out having made payment for accommodations constitutes prima facie evidence of intent to defraud. Section 3. Amendment. Paragraph 26, Section H., "Text," of Ordinance No. 17, Series of 1979, is amended to read as follows: "26. Title 9, Article IV, Chapter 9.42 is hereby adopted in its entirety and a Section 9.42.020 is added as follows: 9.42.020 Loitering. A. "Loiter" means to be dilatory, to stand idly around, to linger, delay or wander about, or to remain, abide, or tarry in a public place. B. A person commits loitering if he does any of the following: -4- 0 0 1. Loiters for the purpose of begging; or 2. Loiters for the purpose of unlawful gambling with cards, dice, or other gambling paraphernalia; or 3. Loiters for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual inter- course; or 4. Loiters in or about a school building or grounds, not having any reason or re- sponsibility for, a pupil or any other specific legitimate reason for being there, and not having written permission from a school administrator; or in or about a public building except in the exercise of the right of assembly, free speech, or peaceful petition; or 5. Loiters with one or more persons for the purpose of unlawfully using or possessing a narcotic or dangerous drug; or 6. Remains in or upon any private premises or place of business after having been asked by the owner, lesee, or manager thereof to leave." Section 4. Violations and Penalties. It is unlawful for any person to violate any provision hereof. Any person who violates any provision of this Ordinance shall be punished by a fine of not more than three hundred dollars or by imprisonment for a period of not more than ninety days or by both such fine and impri age of eighteen years shall person shall be guilty of a during any portion of which is committed, continued, or punished accordingly. sonment: provided, no person under the be punished by imprisonment. Any such separate offense for each and every day a violation of any provision of this code permitted by such person and shall be Section 5. Severability. If any provision, clause, phrase of section of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions, clauses, -5- ~ r phrases or sections or applications of the Ordinance which can be given effect without the invalid provisions or applications and to this end the provisions or applications of this Ordinance are de- clared to be severable. INTRODUCED, PASSED ON FIRST READING, APPROVED, AND ORDERED PUB- LISHED ONCE IN FULL, this ,_,277~4Ldav of , 1980 and a public hearing on this Ordinance shall be eld at the reg- ular meeting of the Town Council of the Town of Avon, Colorado, on the /D~ day of , 1980, at 7:30 P.M. in the Municipal Offices of he Town. r Angelo V. Alpi, Mayor Patricia J. Doy Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED PUB- LISHED ONCE IN FULL, this &'----day of 1980. This Ordinance will become effective on TIC,- 6~2, , 1980. 61 n el V. Alpi, ayor ATTEST: i Patricia J. DoyNe, Town Clerk -6 STATE OF COLORADO ) COUNTY, OF EAGLE ) SS TOWN OF AVON ) NOTICE OF PUBLIC HEARING rj 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 10th DAY OF JUNE, 1980 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.#80-7, SERIES OF 1980: AN ORDINANCE AMENDING ORDINANCE NO. 17, SERIES OF 1979, TO PROHIBIT IMPOSITION OF IMPRISONMENT IN THE CASE OF PERSONS UNDER THE AGE OF EIGHTEEN YEARS; TO CHANGE THE DEFINITION OF "RECREATIONAL FACILITY" AS THE SAME RELATES TO THE DEFINITION OF "LARCENY;" TO DEFINE THE OFFENSES OF "LOITERING" AND "PROCURING FOOD OR ACCOMMODATIONS WITH INTENT'TO DEFRAUD;" AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. 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 28th day of May, 1980. POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MAY 29, 1980. 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. TOWN OF AVON, COLORADO