TC Ord. No. 1983-23e
AVON:
TOWN OF AVON
ORDINANCE NO. #83-23
Series of 1983
ti
AN ORDINANCE CONCERNED WITH THE OFFENSES OF
ILLEGAL USE OF PUBLIC WAYS FOR COMMUNICATIONS
SYSTEM, THEFT OF COMMUNICATIONS SIGNALS, AND
CRIMINAL TAMPERING WITH COMMUNICATIONS EQUIP-
MENT AND PROVIDING PENALTIES FOR THE VIOLATION
THEREOF.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
Section 1.
There is hereby added to the Municipal
Code of the Town of Avon a new section identified as Section
9.20.090, which is to read as follows:
119.20.090. Illegal Use of Public Ways for
Communications Systems. 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 subdivi-
sion map approved by the Town, any equipment or
facilities for distributing any television signal
or radio signal through a cable communications
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."
Section 2. There is hereby added to the Municipal
Code of the Town of Avon a new section identified as Section
9.08.110 which is to read as follows:
"9.08.110. Theft of Communications Signals.
It is unlawful for any person or entity to make or
to maintain any unauthorized connection, whether
physically, electrically, acoustically, inductive-
ly, or otherwise, with any part of a franchised
cable television or other cable communications
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 television or communications system."
Section 3. There is hereby added to the Municipal
Code of the Town of Avon a new section identified as Section
9.20.100, which is to read as follows:
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"9.20.100. Criminal Tampering with
Communications Equipment. It is unlawful for any
person, without the consent of the owner of a
cable television or communications system, 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 4. Severability. If any part, section,
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 for the Town of Avon hereby declares it
would have passed this Ordinance and each part, section,
sub-section, sentence, clause or phrase thereof, irrespec-
tive of the fact that any one or more parts, sections,
sub-sections, sentences, clauses or phrases be declared
invalid.
Section 5. 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
five 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 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.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, THIS 10th day of May, 1983 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
24th day of May, 1983 at 7:30 P.M. in the Municipal
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Building of the Town of Avon, Colorado
Shei a R. Davis, Mayor Pro-Tem
ATTEST:
J !pzuty ny Bel
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED this ?4t_ day of May , 1983.
Allan R. Nottingham, ayor
ATTEST:
Jenny L. Bell
Deputy Town Clerk
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TaW OF AVON )
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 24th DAY OF MAY,
1983, AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO
FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. #83-23
SERIES OF 1983:
AN ORDINANCE CONCERNED WITH THE OFFENSES OF ILLEGAL USE OF PUBLIC
WAYS FOR COMMUNICATIONS SYSTEM, THEFT OF COMMUNICATIONS SIGNALS, AND
CRIMINAL TAMPERING WITH COMMUNICATIONS EQUIPMENT 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 passed by order of the Town Council of the
Town of Avon, Colorado.
Dated this 12th day of May, 1983
TO VON, COLORADO
Y
Patricia J. yle, Town erk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MAY 12 , 1983
THE MAIN ENTRANCE OF THE POST OFFICE,
THE MAIN ENTRANCE TO CITY MARKET,
THE PESTER GAS STATION: AND
THE MAIN LOBBY IN THE MUNICIPAL BUILDING