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TC Ord. No. 1994-02 Amending Chapter 9.16 of the Avon Muni Code of relating to abuse of toxic vaporsORDINANCE NO. 94 - 2 AN ORDINANCE AMENDING CHAPTER 9.16 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO ABUSE OF TOXIC VAPORS; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, 1616MO ZMAISM Section 1. Amendment. Section 9.16.110 of Chapter 9.16 of Title 9 of the Municipal Code of the Town of Avon is amended with the addition of a new section as follows: if 9.16.110 Abuse of Toxic Vapors Prohibited. No person shall knowingly smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefication, or dulled senses of the nervous system. No person shall knowingly possess, buy, or use any such substance for the purposes described herein, nor shall any person knowingly aid any other person to use any such substance for the purposes described herein. This section shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes. "(a) For purposes of this section, the term 'toxic vapors' means the following substances or products containing such substances: Alcohols including methyl, isopropyl, propyl, or butyl; Aliphatic acetates including ethyl, methyl, propyl, or methyl cellosolve acetate; Acetone; Benzene; Carbon tetrachloride; Cyclohexane; Freons including freon 11 and freon 12; Hexane; Methyl ethyl ketone; Methyl isobutyl ketone; Naptha; Perchlorethylene; Toluene; Trichlorethane or Xylene. "(b) In prosecution of a violation evidence that a container lists one or more of described in subsection (a) of this section as ingredients shall be prima facie evidence that such container contains toxic vapors and emits thereof." Df this section, the substances one of its the substance in the fumes 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, 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 3. 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 of the provisions of this Ordinance shall be punished by a fine of not more than one thousand dollars or by imprisonment for a period of not more than one hundred eighty days or by both such fine and imprisonment; provided, no person under the age of eighteen years shall be punished by imprisonment. INTRODUCED, PASSED ORDERED POSTED, this 25t]7day hearing on this Ordinance sh the Town Council of the Town February , 1994 at 7:30 the Town of Avon, Colorado. ON of 311 of p.1 FIRST READING, January , be held at the Avon, Colorado n. in the Munic Ma or APPROVED AND 1994 and a public regular meeting of on the 8th day of ipal Building of ttest: Town Cle k INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 8th day of February , 1994. /,/,J, /' �' -, i ()/ May r Attest: / (7 Town Cler Town Attorney: 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 8TH DAY OF FEBRUARY, 1994, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 94 -2, SERIES OF 1994: AN ORDINANCE AMENDING CHAPTER 9.16 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO ABUSE OF TOXIC VAPORS; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF 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 posted by order of the Town Council of the Town of Avon, Colorado Dated this 26th day of January, 1994. TOWN OF AVON, COLORADO BY Patty Ney art Town Cler} POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY 26, 1994; AVON POST OFFICE IN THE MAIN LOBBY CITY MARKET IN THE MAIN LOBBY COASTAL MART, INC.; AND AVON MUNICIPAL BUILDING IN THE MAIN LOBBY