TC Ord. No. 1991-01TOWN OF AVON
ORDINANCE NO. 91-1
SERIES OF 1991
AN ORDINANCE AMENDING CHAPTER 6.04 OF THE MUNICIPAL
CODE OF THE TOWN OF AVON, RELATING TO DOG CONTROL
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON
AS FOLLOWS:
Section 1. Amendment. Paragraphs B and N of Section
6.04.020 (entitled "Definitions") of Chapter 6.04, Title 6 of the
Municipal Code of the Town of Avon is amended to read as follows:
B. "Control of a dog" means (except when the dog is
actually assisting law enforcement officers and except as
otherwise provided in Section 6.04.070) physical control of a dog
by means of a durable leash, rope or chain no longer than twelve
feet in length, or by voice or electronic control which is
exercised by a person who is physically present, and able to see
and vocally communicate with the dog.
N. "Running at Large" means a dog that is not:
1. Under the control of the dog owner or keeper or a
responsible member of the owner's family or an employee of agent
of the owner, either by durable leash, rope or chain no longer
than twelve feet in length, or by voice or electronic control
which is exercised by a person who is physically present, and
able to see, and vocally communicate with, the dog; or
2. Within the yard of the owner or other person
responsible for the dog, or confined in a suitable enclosure."
Section 2. Amendment. Section 6.04.070 B. (entitled
"Control") of Chapter 6.04, Title 6 of the municipal Code of the
Town of Avon is amended to read as follows:
B. A dog shall further be deemed not under control
when:
1. Whether or not said dog is on a leash, rope,
chain, or under voice control, said dog inflicts injury or damage
to the person or property of anyone other than the dog owner;
2. A female dog, during its period of estrus, is not
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securely confined on the property or premises of the dog owner;
3. A dog within the open portion of a vehicle parked
on public property, whether restrained or not, is creating a
danger to persons and/or property in the immediate vicinity
thereto.
4. A dog which is on Tract G, Block 2, Benchmark at
Beaver Creek Subdivision (including Nottingham Park and the Avon
Town Center Mall), except for certain portions thereof as
otherwise provided in this Code for which no dogs are allowed
under any circumstances, is nevertheless not on a durable leash,
rope, or chain.
Section 3. 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, irrespective of the fact that any one or more
parts, sections, sub-sections, sentences, clauses or phrases be
declared invalid.
Section 4. Penalty. It is unlawful for any person to
violate any provision of, or to fail to comply with any of the
requirements of, this Ordinance. Any person who violates any
provisions 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.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
this 26th day of February, 1991 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 12th day of March,
1991 at 7;30 P.M. in the Municipal Building of the Town of Avon,
Colorado.
/s/
Mayor
At
own C erk
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INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED
this --?2th day of March , 1991,
Attest:
J~
rd-2-~
~-Cler
3
Ii
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 12th DAY OF MARCH,
1991, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION
OF ORDINANCE NO. 91-1, SERIES OF 1991:
AN ORDINANCE AMENDING CHAPTER 6.04 AND CHAPTER 8.24 OF THE MUNICIPAL
CODE OF THE TOWN OF AVON, RELATING TO DOG CONTROL AND PUBLIC NUISANCES
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 is given and published by order of the Town Council of the
Town of Avon, Colorado.
Dated this 26th day of February, 1991.
TO j0FVON, COLORA 0
B C2 z,
Patricia Doyle, T n Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN
OF AVON ON FEBRUARY 27, 1991:
THE AVON POST OFFICE IN THE MAIN LOBBY
THE CITY MARKET IN THE MAIN LOBBY
THE COASTAL MART, INC.; and
THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY