Loading...
TC Ord. No. 1994-03 Amending Chapter 9.16 of the Avon Muni Code relating to violation of restraining ordersORDINANCE NO. 94- 3 AN ORDINANCE AMENDING CHAPTER 9.16 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO VIOLATION OF RESTRAINING ORDERS; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 9.16.120 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: " 9.16.120 Violation of Restraining Orders Prohibited. A person commits the crime of violation of a restraining order if such person commits an act which is prohibited by any court pursuant to a valid order issued pursuant to section 13 -6 -107, C.R.S., sections 14 -4 -101 to 14 -4 -104, C.R.S., section 18 -1 -1001 C.R.S., rule 365 of the Colorado rules of County Court civil procedure, or an order issued by any district court, as provided for in section 14 -10 -108, C.R.S., which restrains and enjoins any person from threatening, beating, striking, or assaulting any other person or requires a person to leave certain premises and refrain from entering or remaining on such premises, or a municipal ordinance which provides for an order to issue which restrains any person from threatening, molesting, or injuring any person, or entering or remaining on the premises, or any protective order issued pursuant to C.R.S., Title 19 or if such person fails to perform any act mandated by any such order, after such person has been personally served with any such order or otherwise has acquired from the court actual knowledge of the contents of any such order." 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 not more than one hundred eighty days or both such fine and imprisonment; provided, no person under the age of eighteen years shall be punished by imprisonment. Any sentence imposed pursuant to this Subsection (3) shall run consecutively and not concurrently with any sentence imposed for any crime which gave rise to the issuing of the restraining order. Further, nothing in this section shall be construed to alter or diminish the inherent authority of the court to enforce its orders through civil or criminal contempt proceedings. No person charged with a violation of a restraining order pursuant to this section shall be permitted, in the criminal action resulting from such charge, to collaterally attack the validity of the order which such person is accused of violating. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 25th day of January , 1994 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 8t1-day of February , 1994 at 7:30 p.m. in the Municipal Building of the Town of Avon, Colo do. Mayor test: Cletk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 8th day of February , 1994. Mayor est: 1 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 -3, SERIES OF 1994: AN ORDINANCE AMENDING CHAPTER 9.16 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO VIOLATION OF RESTRAINING ORDERS; 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 Ne har 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