TC Ord. No. 2002-25 Amending title 9 of the muni code of the TOA realting to retraining order violations and providing penalties for the violation hereofTOWN OF AVON, COLORADO
ORDINANCE NO. 02- 25
SERIES OF 2002
AN ORDINANCE AMENDING TITLE 9 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON RELATING
TO RESTRAINING ORDER VIOLATIONS; AND
PROVIDING PENALTIES FOR THE VIOLATION
HEREOF.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,COLORADO:
Section 1. Title 9 of the Municipal Code of the Town of Avon is amended by the
addition of a Chapter 9.31 providing as follows:
"Chapter 9.31
VIOLATION OF RESTRAINING ORDER
9.31. Definitions. As used in this Chapter, unless the context otherwise requires;
(1) Protected person means the person or persons identified in the restraining
order as the person or persons for whose benefit the restraining order was issued.
(2) Restrained person means the person identified in the order as the person
prohibited from doing the specified act or acts.
(3) Restraining order means any order which prohibits the restrained person from
contacting, harassing, injuring, intimidating, molesting, threatening or touching any person, or
from entering or remaining on premises or from coming within a specified distance of a
protected person or premises which is issued by a court of this State or the Municipal Court, and
which is issued pursuant to C.R.S., Sections 14-4-101 to 14-4-105 C.R.S., Section 14-10-107
C.R.S., Section 14-10-108, C.R.S., Section 18-1-1001, Section 19-3-316, C.R.S., Section 19-4-
111, C.R.S. or Rule 365 of the Colorado Rules of County Court Civil Procedure, and orders
issued as part of the proceedings concerning criminal municipal ordinance violation or any other
order of a court which prohibits a person from contacting, harassing, injuring, intimidating,
molesting, threatening or touching any person or from entering or remaining on premises or from
coming within a specified distance of a protected person or premises.
(4) Subsequent order means an order which amends, modifies, supplements or
supersedes a restraining order.
9.31. Crime of violation of a restraining order; penalty; peace officers' duties.
(a) A person commits the crime of violation of a restraining order if such person com-
mits an act which is prohibited by any court pursuant to a valid order issued pursuant to Sections
14-4-101 to 14-4-104, C.R.S., Section 18-1-1001, 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 issue pursuant to Title 19, C.R.S., 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.
(b) A peace officer shall arrest, or,
circumstances, seek a warrant for the arrest of,
information amounting to probable cause that:
if an arrest would be impractical under the
a restrained person when the peace officer has
(1) The restrained person has violated or attempted to violate any provision of a
restraining order; and
(2) The restrained person has been properly served with a copy of the restraining
order or the restrained person had received actual notice of the existence and substance of such
order.
(c) Any sentence imposed for violation of this Section shall run consecutively and not
concurrently with any sentence imposed for any crime which gave rise to the issuing of the
restraining order.
(d) 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.
(e) No person charged with 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.
(f) A peace officer arresting a person for violating a restraining order or otherwise
enforcing a restraining order shall not he held criminally or civilly liable for such arrest or
enforcement unless the peace officer acts in bad faith and with malice or does not act in compli-
ance with rules adopted by the Colorado Supreme Court.
Section 2. Section 9.16.120 of Chapter 16, Title 9 of the Municipal Code of the
Town of Avon is repealed.
Section 3. 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 14th day of January, 2003, at
5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
C
mayor:'
ATTEST:
To Cl rk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 14th day of January, 2003.
4i"l - A
Mayor
ATTEST:
r'(~
To Cl rk
APPROVED AS T RM:
L
To Attorney
A
r~
Qry~ 'fir+1 try?
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:
PatK, 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: November 29, 2002
Re: Violation of Restraining Order
Summary: In cases of domestic violence and assault, judges typically issue a "Temporary
Restraining Order" upon the suspect's first appearance in court. This order restrains certain
conduct by the suspect. This ordinance makes it more likely that these violations will be written.
into Avon Municipal Court instead of Eagle County Court. Revenue collected in these cases
would then be deposited into the Town of Avon's General Fund rather than collected by the
county. We anticipate the revenue for one year to be approximately $2000 and the time spent by
the court at approximately eight hours.
Discussion: While researching revenue-producing ideas within the police department, we
discovered the current, seldom (if ever). used 9.16.120, Violation of Restraining Orders .
Prohibited. The new ordinance would enhance the old one by better defining terms, providing for
penalties and making it easier to write and prove in municipal court. These cases are currently
written into Eagle County Court. Given the high turnover of Deputy District Attorneys and the
heavy workload, these cases are among the first to reach lightweight plea agreements. We feel as
though the municipal court will treat these cases with the respect they deserve.
During the first 10 % months of 2002, the police department has made 13 arrests for this
violation. All of them have been charged in Eagle County Court.
Judge Buck Allen, prosecutor Inga Causey and Town Attorney John Dunn have all provided
counsel on this ordinance. Ms. Causey wrote the new ordinance.
Financial Implications: The time police officers spend on these cases would not be impacted.
When these suspects are arrested, they are transported to the county jail. This would not change.
Court personnel would spend time in the administrative processing of these charges. It is
anticipated that the court would spend approximately 30 minutes processing and adjudicating
each charge and the town would collect $160 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 and will provide a positive, albeit small,
revenue stream. It is likely that we will accomplish a more effective prosecution, as well.
Alternatives: This ordinance is clearly not of earth-shaking importance. Justice will continue
to be.served in the Eagle County Court should the council choose not to pass this ordinance.
Proposed motion: "I move to approve Ordinance Number 02-25."
Town Manager Comments:
TOWN OF AVON, COLORADO
ORDINANCE NO. 02- 25
SERIES OF 2002
AN ORDINANCE AMENDING TITLE 9 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON RELATING
TO RESTRAINING ORDER VIOLATIONS; AND
PROVIDING PENALTIES FOR THE VIOLATION
HEREOF.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,COLORADO:
Section 1. Title 9 of the Municipal Code of the Town of Avon is amended by the
addition of a Chapter 9.31 providing as follows:
"Chapter 9.31
VIOLATION OF RESTRAINING ORDER
9.31. Definitions. As used in this Chapter, unless the context otherwise requires;
(1) Protected person means the person or persons identified in the restraining
order as the person.or persons for whose benefit the restraining order was issued.
(2) Restrained person means the person identified in the order as the person
prohibited from doing the specified act or acts.
(3) Restraining order means any order which prohibits the restrained person from
contacting, harassing, injuring, intimidating, molesting, threatening or touching any person, or
from entering or remaining on premises or from coming within a specified distance of a
protected person or premises which is issued by a court of this State or the Municipal Court, and
which is issued pursuant to C.R.S., Sections 14-4-101 to 14-4-105 C.R.S., Section 14-10-107
C.R.S., Section 14-10-108, C.R.S., Section 18-1-1001, Section 19-3-316, C.R.S., Section 19-4-
111, C.R.S. or Rule 365 of the Colorado Rules of County Court Civil Procedure, and orders
issued as part of the proceedings concerning criminal municipal ordinance violation or any other
order of a court which prohibits a person from contacting, harassing, injuring, intimidating,
molesting, threatening or touching any person or from entering or remaining on premises or from
coming within a specified distance of a protected person or premises.
(4) Subsequent order means an order which amends, modifies, supplements or
supersedes a restraining order.
9.31. Crime of violation of a restraining order; penalty; peace officers' duties.
(a) A person commits the crime of violation of a restraining order if such person com-
mits an act which is prohibited by any court pursuant to a valid order issued pursuant to Sections
14-4-101 to 14-4-104, C.R.S., Section 18-1-1001, 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-