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TC Ord. No. 1988-12• i ORDINANCE NO. 88-12 AN ORDINANCE AMENDING CHAPTER 1.08 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE GENERAL PENALTY FOR VIOLATIONS OF SAID CODE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. 111.08.010 Designated. "A. With the exception of those special penalties provided for certain offenses set out in paragraph B hereinbelow, whenever in any section of this Code or any section of a rule or regu- lation promulgated hereunder the doing of any act is required, prohibited or declared to be unlaw- ful, any person who shall be convicted of, or plead guilty or no contest to a violation of any such section shall, for each offense, be fined in a sum not more then $500.00 or imprisoned not to exceed 90 days, or both such fine and imprison- ment. Each day an offense continues shall consti- tute a separate offense. "B. The violation of certain sections of this code have been determined by the Town Council to be of sufficient gravity so as to be punishable by a fine in a sum not more than $999 or imprison- ment not to exceed 180 days or both such fine and imprisonment. Those sections are as follows: Section 9.04.050 Resisting Arrest Section 9.08.010 Assault and Battery Section 9.08.040 Larceny Section 9.08.090 Fraud by Check Section 9.12.020 Indecent Exposure Section 9.16.020 Disorderly Conduct Section 9.16.040 Harrassment Section 9.20.010 Criminal Injury to Property Section 9.20.020 Trespassing Section 9.28.010 Concealed Weapon Should the final judgment of a court of competent jurisdiction invalidate the maximum monetary penalty relating to the violation of these crimi- nal offenses in this code, the penalty for these sections shall revert to the general penalties found in paragraph A hereinabove." Section 2. 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, r P • • d 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. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS 12 day of July , 1988 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 26 day of July , 1988 at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. 1 an R. Not ing m, Mayor INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 26th day of July , 1988. Allan R. ottingh Mayor Patricia J, oy Town Clerk 02070688 - 2 - i i STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN 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 26TH DAY OF JULY, 1988, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 88-12, SERIES OF 1988: AN ORDINANCE AMENDING CHAPTER 1.8 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE GENERAL PENALTY FOR VIOLATIONS OF SAID CODE 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 the Ordinance. This notice is given and published by order of the Town Council of the Town of Avon, Colorado. Dated this 12th day of July, 1988. BY OF 4VON, COLORADO atricia J// Doyle, T,6wn Cler POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JULY 14, 1988: THE AVON POST OFFICE IN THE MAIN LOBBY THE CITY MARKET IN THE MAIN LOBBY THE PD QUIK STATION; AND THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY