TC Ord. No. 2006-05 Amending Chapter 8.32 Title 8 Avon Muni code relating to the protection of wildlife and providing penalties for the violation hereofTOWN OF AVON, COLORADO
ORDINANCE NO. 06-05
SERIES 2006
AN ORDINANCE AMENDING CHAPTER 8.32,TITLE 8, AVON MUNICIPAL CODE,
RELATING TO THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES
FOR THE VIOLATION HEROF
BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, as follows:
Section 1. Amendment. The definition of "Wildlife-proof refuse container" contained in
Section 8.32.020, Chapter 8.32, Title 8, Avon Municipal Code, is amended to provide as follows:
Wildlife-Proof Refuse Container means any refuse container which has been certified to
be wildlife proof by the Colorado Division of Wildlife, the U.S. Park Service or the U.S.
Forest Service. The container must be secured by the actuation of a mechanical latching
device; any container not so secured shall not be deemed wild-life proof.
Section 2. Amendment. Paragraph (b) of Section 8.32.030, Chapter 8.32, Title 8, Avon
Municipal Code, is amended to provide as follows:
(a) Residents shall place their refuse containers out for pick-up at or after 6:00
a.m. of the morning of the pickup; provided, if wildlife resistant or wildlife-proof
containers are used, they may be placed out for pick-up after 6:00 a.m. of the day before.
After pickup, the containers must be re-secured in an appropriate manner before the end
of the same day.
Section 3. Amendment. Section 8.32.030, Chapter 8.32, Title 8, Avon Municipal Code,
is amended by the addition of a paragraph (c) to provide as follows:
(c) All residential refuse containers shall have the premises address and unit
designation permanently affixed thereon and clearly visible when the container is in an
upright position. The digits and letters shall be no smaller than two inches in height.
Section 4. Repeal. Paragraph (a) of Section 8.32.050, Chapter 8.32, Title 8, Avon
Municipal Code, is repealed.
Section 5. Amendment. Paragraph (1) of Section 8.32.070, Chapter 8.32, Title 8, Avon
Municipal Code, is amended to provide as follows:
(1) First Violation: The first violation of the Chapter will result in a notice of
violation to an offender. The offender will be warned and informed of the proper
precautions necessary to prevent the feeding of wildlife and the necessary actions to
meet the provisions of this Chapter, which may include but are not limited to: removal
of wildlife attractants, time limits for the placement of refuse containers, marking of
containers with address and unit information and use of wildlife-resistant containers.
Said notice shall include a reasonable time schedule for compliance. An offender who
timely complies with the first Notice of Violation will not be subject to the penalty
provisions of this Chapter.
Section 6. Penalties. 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, READ, APPROVED, AND ORDERED POSTED this I Ith day of
April, 2006 and a public hearing shall be held on this Ordinance o - the 25th day of April, 2006
at 5:30 p.m. in the Council Chambers of the, vo Municipal Buildit g, Avon, Colorado.
,T
REA ND APPROVED ON
of l , 2006
C v Ir
e, Mayor
i
' =SEA
y-
ECOND G AND ORDERED POSTED the a5 day
C - -
Ronald C. Wolfe, Mayor
ATTEST: l
is y M enny, Clerk
PPRO ED TO F RM:
Joht W. Dunn, Town Attorney
<~u OF Abe
SEA r
Ordinance No. 06-05 Wildlife Amendments Final
Page 2 of 2
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MEMORANDUM
TO: TOWN COUNCIL
C6 C6
FROM: TOWN ATTORNEY
RE: AMENDMENTS TO WILDLIFE ORDINANCE
DATE: April 17, 2006
The following changes have been made to the wildlife ordinance for
consideration on second reading:
1. References to "curb" or other specific location has been removed and the
language "put out for pick up" used instead:
2. 8.32.050(a) has been. repealed. This section, part of "Construction Site
Refuse Disposal," is a "First Violation" paragraph and duplicates 8.32.070(1), the "First
Violation" paragraph of the general violations section. I had not notice the duplication
before.
• 3. 8.32.070(1) is amended to include marking containers with an address as
part of the warning-and-informing language.
A copy of the ordinance, marked to show all changes, is included with this
memorandum.
Jwd:ipse
ORDINANCE NO. 06-05
\ SERIES 2006
A ORDINANCE AMENDING CHAPTER 8.32,TITLE 8, AV
MU CIPAL CODE, RELATING TO THE PROTECTION
WILD FE AND PROVIDING PENALTIES FOR THE
VIOLAT N HEROF
BE IT ORDA D by the Town Council of the Town of von, Colorado, as
follows:
Section 1. Amendme The. definition of "Wildlif proof refuse container"
contained in Section 8.32.020, apter 8.32, Title 8, Avo Municipal Code, is amended
to provide as follows:
Wildlife-Proof Refuse Contai r means any fuse container which has been
certified to be wildlife proof by e Colora o Division of Wildlife, the U.S. Park
Service or the U.S. Forest Service Che jntainer must be secured by the
actuation of a mechanical latching ev' e. any container not so secured shall not
be deemed wild-life proof.
Section 2. Amendment. Paragra (b) o Section 8.32.030, Chapter 8.32, Title 8,
El as lows:
p sha place their refuse containers out
E19t the et", all.-y- . , 0- Of - forick u~at or after 6:00 a.m. of the
morning of the pickup; pr vided, if wildlife resista t or wildlife-proof containers
are used, they may be p ced out for pick-uUeti - : ' after 6:00 m. of the day
before. After pickup, a containers must be re-secure in an. ap ropriate manner
before the end of th same day.
Avon ( Municipal a) Code, is Residents amended to p its- vide,
Section 3. Ame ment. Section 8.32.030, Chapter 8.32, T le 8, Avon Municipal
Code, is amended by t addition of a paragraph (c) to provide as fo ws:
, die shall
c All residential refuse containers
have the mises address and unit designation permanently affixe thereon and
clearly v' ible when the container is in an upright position. The di i and letters
shall be/no smaller than two inches in height.
Sec 'on 4:3. Repeal. Paragraph (a) of Section 8.32.050, Chapter 8.32\Tie 8,
Avon Mu icipal Code, is repealed.
A ection 54. Amendment. Paragraph (1) of Section 8.32.070, Chapter 8.32, T le
8, Avon Municipal Code, is amended to provide as follows:
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