TC Ord. No. 2002-23 Amending title 9 of the muni code of the TOA relating to bail bond condition violations and providing penalties for the violation hereofTOWN OF AVON, COLORADO
ORDINANCE NO. 02- 23
SERIES OF 2002
AN ORDINANCE AMENDING TITLE 9 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON RELATING
TO BAIL BOND CONDITION VIOLATIONS; AND
PROVIDING PENALTIES FOR THE VIOLATION
HEREOF.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,COLORADO:
Section 1. Section 9.04.140 of Chapter 4, Title 9 of the Municipal Code of the
Town of Avon is repealed and reenacted as follows:
"9.04.140 Crime of Violation of Bail Bond Conditions. (a) It shall be unlawful for any
person released on bail bond of whatever kind to knowingly fail to appear for trial or other
proceedings in the case in which the bond was filed or to knowingly violate any condition of the
bail bond.
(b) Penalty: Any violation of this section shall be deemed a violation of this Code,
punishable by a fine or imprisonment or both in accordance with the general penalty provisions
of this Code."
Section 2. It is unlawful for any person to violate any of the provisions of this
Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance
shall be punished by a fine not exceeding one thousand dollars or by imprisonment not
exceeding one year or by both such fine and imprisonment.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND .
ORDERED POSTED the 10th day of December, 2002, and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council on the 141" day of January, 2003, at 5:30
P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
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Mayor
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 14th day of January, 2003.
Mayor
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO ADOPTED ON THE 14TH DAY OF JANUARY 2003 THE FOLLOWING
ORDINANCES:
Ordinance No. 02-23, Series of 2002 - Amending Title 9 of the Municipal Code of
the Town of Avon relating to Bail Bond Condition Violations; and Providing
Penalties for the Violation Hereof.
Ordinance No. 02-24, Series of 2002 - Amending Title 10 of the Municipal Code of
the Town of Avon Relating to Driver Licenses; and Providing Penalties for the
Violation Hereof.
Ordinance No. 02-25, Series of 2002 - Amending Title 9 of the Municipal Code of
the Town of Avon Relating to Restraining Order Violations; and Providing
Penalties for the Violation Hereof.
Ordinance No. 02-26, Series of 2002 - Amending Title 10 of the Municipal Code of the
Town of Avon Relating to Vehicle Registration; and Providing for the Violation Hereof.
A copy of said Ordinances are attached hereto, and are also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 16th day of January 2003.
TOWN OF AVON, COLORADO
BY: 1q.
Pa M Kenny
To Jerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JANUARY 16,2003:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
MEMORANDUM
To: Honorable Mayor and Council
Thru: Larry Brooks, Town Manager
From: Jeff Layman, Chief of Police
Date: December 4, 2002
Re: Bail Bond Condition Violations
Summary: In some criminal cases, judges will order police officers releasing the
alleged offenders to attach bail bond conditions. Typically, these conditions restrain
certain conduct by the suspect immediately upon release, rather than waiting for the
initial court appearance. This ordinance replaces the current municipal ordinance with
the language of the state statute. The old ordinance will be repealed.
These cases are rare. We have not written this charge within the last year.
Discussion: While researching revenue-producing ideas within the police department,
Judge Buck Allen suggested that we replace the old bond conditions ordinance with a
clearer, more precise ordinance. The new ordinance criminalizes the pre-restraining
order condition. With its companion "Restraining Order Violation" ordinance, this one
allows us to capture every angle of restraining order violations. The previous language
was not clear as to the criminal nature of the violation.
These cases would currently be written into Eagle County Court. As municipal ordinance
violations, penalties range from 0-180 days in jail and 0-$999 in fines.
After conferring with Town Attorney John Dunn and Judge Allen, prosecutor Inga
Causey wrote this ordinance.
Financial Implications: It is anticipated that the court would spend approximately 20
minutes processing and adjudicating each charge and the town would collect $50 in fines
and fees on each case.
Recommendation: It is recommended that the council approve this ordinance. It will
make it possible for violations to be written into municipal court.
Alternatives: Like its companion `Restraining Order Violation', this ordinance is not
required for the police to continue fulfilling its mission. An alternative is for us to use
Eagle County Court.
Proposed motion: "I move to approve Ordinance Number 02-23."
Town Manager 774f=::=1
TOWN OF AVON, COLORADO
ORDINANCE NO. 02- 23
SERIES OF 2002
AN ORDINANCE AMENDING TITLE 9 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON RELATING
TO BAIL BOND CONDITION VIOLATIONS; AND
PROVIDING PENALTIES FOR THE VIOLATION
HEREOF.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,COLORADO:
Section 1. Section 9.04.140 of Chapter 4, Title 9 of the Municipal Code of the
Town of Avon is repealed and reenacted as follows:
"9.04.140 Crime of Violation of Bail Bond Conditions. (a) It shall be unlawful for any
person released on bail bond of whatever kind to knowingly fail to appear for trial or other
proceedings in the case in which the bond was filed or to knowingly violate any condition of the
bail bond.
(b) Penalty: Any violation of this section shall be deemed a violation of this Code,
punishable by a fine or imprisonment or both in accordance with the general penalty provisions
of this Code."
Section 2. It is unlawful for any person to violate any of the provisions of this
Ordinance. Every. person convicted of a violation of any of the provisions of this Ordinance
shall be punished by. a fine not exceeding one thousand dollars or by imprisonment not
exceeding one year or by both such fine and imprisonment.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 10th day of December, 2002, and a public hearing on this ordinance
shall be held at the regular. meeting of the Town Council on the 14' day of January, 2003, at 5:30
P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
Mayor
ATTEST:
Town Clerk