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