TC Ord. No. 1979-17~ M
ORDINANCE No. 79-17
SERIES OF 1979
AN ORDINANCE ADOPTING BY REFERENCE CERTAIN SPECIFIED TITLES
AND CHAPTERS OF THE MUNICIPAL CODE OF THE TOWN OF VAIL, COLORADO;
SETTING OUT CERTAIN CHANGES, AMENDMENTS, OMISSIONS AND DELETIONS
IN THE MATERIAL BEING ADOPTED; SETTING FORTH THE PENALTIES FOR
VIOLATION THEREOF AND PROVIDING FOR ADDITIONAL DETAILS IN RELATION
THERETO.
WHEREAS, the preservation of the public peace, welfare
and safety within.- the Town of Avon necessitates the adoption
of certain Penal Ordinances; and
WHEREAS, Section 6.9 of the Charter for the Town of
Avon, Colorado, provides for the adoption by reference of certain
standard codes, including codes promulgated by another Municipality
within the State of Colorado; and
WHEREAS, the Town of Vail, Colorado, is such another
Municipality and has promulgated and enacted such a code, which
is known as the "Vail Municipal Code"; and
WHEREAS, the Town of Avon has a need for the adoption
of certain Penal Ordinances that are similar to some of the Penal
Ordinances which have been adopted by the Town of Vail;
NOW, THEREFORE, be it ordained by the Town Council of
the Town of Avon, Colorado, that:
Section A. Reference.
The Ordinances, Chapters, titles, sections, and sub-
sections referred to by this Ordinance are from the "Vail Municipal
Code" as published by Book Publishing Company, Seattle, Washington,
and the material so adopted by the Town of Avon is that material
in the "Vail Municipal Code" as it exists upon the date on which
this Ordinance becomes effective, that is, seven days after
public notice following final passage as set out in Section 6.4
of the Town Charter for the Town of Avon, Colorado.
Section B. Numerical Reference.
It is the intention of the Town of Avon to adopt the
titles, articles, chapters, sections and subsections which are
adopted by this Ordinance with the same numerical designations
as are used in the "Vail Municipal Code". Thus the title,
article, chapter, section and subsection designations set out in
the "Vail Municipal Code" will be the same as shall exist in the
"Avon Municipal Code". When a title, article, chapter, section,
or subsection is deleted and is not adopted by this Ordinance,
that numerical designation shall be considered to be and hereby
is reserved for future use.
Section C. Title
The material adopted hereby as well as all subsequent
amendments, additions and revisions is adopted pursuant to the
provisions of Sections 31-16-201 through 31-16-208, Colorado
Revised Statutes, 1973, as amended and shall be known and cited
as the "Avon Municipal Code".
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Section D. Citation-Reference.
It shall be sufficient to refer to this code as the
"Avon Municipal Code" in any prosecution for the violation there-
of or in any proceeding at law or equity. In citing alleged viola-
tors it shall be sufficient to refer to the numerical designation
as indicated by title, article, chapter, section, and subsection
involved.
Section E. Publication.
Within a reasonable time following the passage of this
Ordinance, the Mayor or Town Manager shall have a copy of the en-
tire adopted text prepared, reflecting the changes, amendments,
deletions and omissions made by this Ordinance. Following such
preparation the Town Attorney shall, as soon as is reasonable
cause this and other suitable Ordinances to be codified pursuant
to Section 6.8 of the Charter of the Town of Avon, Colorado.
Section F. Uniform Deletions.
In all of the material adopted by this Ordinance, the
references at the end of the each Section to the Ordinance of the
Town of Vail by which the preceeding material was enacted shall
be omitted from the "Avon Municipal Code" and from this Ordinance;
provided, that such omission and deletion shall not prevent re-
ference to such an Ordinance as part of the Legislative history
of this Avon Ordinance or to demonstrate intent of the Vail Town
Council at the time of the enactment of the Vail Ordinance.
Section G. Violations and Penalties.
It is unlawful for any person to violate any provision
or to fail to comply with any of the requirements of this code.
Any person who violates any provisions of this code shall be pun-
ished by a fine of not more than three hundred dollars or by im-
prisonment for a period of not more than ninety days or by both
such fine and imprisonment. Any such person shall be guilty of
a separate offense for each and every day during any portion of
which a violation of any provision of this code is committed, con-
tinued, or permitted by such person and shall be punished accord-
ingly. In addition to the penalty provided in this Section, any
condition caused or permitted to exist in violation of any of the
provisions of this code shall be deemed a public nuisance, and
may be by this Town summarily abated as such and each day that
such condition continues shall be regarded as a new and separate
offense.
The following sections of the code adopted by this
chapter are penalty sections, said penalty sections are set forth
in full in this Section and reenacted according to Section 31-16-
204, Colorado Revised Statutes 1979, as amended:
"8.08.070 Violation-Penalty.
It is unlawful for any person to violate
any provisions of this chapter. Every
person convicted of a violation of any
provision of this chapter shall be punished
by a fine not exceeding three hundred
dollars, or by imprisonment for a period
of not more than ninety days, or by both
such fine and imprisonment.
18.12.050 Violation-Penalty
Any person violating any provision of this
chapter shall be guilty of a misdemeanor
and, upon conviction thereof, shall be pun-
ished by a fine not exceeding three hun-
dred dollars, or by imprisonment for a
period of not more than ninety days, or by
both such fine and imprisonment.
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"8.16.180 Violation-Penalty
Every person, upon conviction of violation of this
chapter, shall be fined not less than thirty-five
dollars nor more than three hundred dollars, plus
the cost of removal of the refuse; or shall be pun-
ished by imprisonment for not more than ten days.
"8.24.140 Violation-Penalty
Any person convicted of violating any of the provi-
sions of this chapter shall be punished by a fine
of not more than three hundred dollars; provided,
that each separate act in violation of the provi-
sions of this chapter, or each and every day or
portion thereof during which any separate act in
violation of this chapter is committed, continued
or permitted, shall be deemed a separate offense."
Section H. Text.
1. Title 8. Chapter 8.04 is hereby adopted in its
entirety, except as follows:
Section 8.04.010 shall be amended to read "Avon
Police Chief" in the ninth and eleventh lines of
the text, where the words "Town Marshall" appear,
which words shall be deleted.
2. Title 8, Chapter 8.08 is hereby deleted in its en-
tirety and the designation "Chapter 8.08" is hereby reserved for
future use.
3. Title 8, Chapter 8.12 is hereby adopted in its en-
tirety including Section 8.12.050 which sets out the penalties
for violation of the preceeding sections, which penalties are
also set out generally elsewhere in this Ordinance.
4. Title 8, Chapter 8.16 is hereby adopted in its
entirety except as follows:
Section 8.16.010, Subsection K, shall be amended
to read:
"'Town Manager' means the Town Manager or Mayor
of the Town of Avon, or his authorized representative."
Further Section 8.16.160 shall be amended to in-
clude the words "or Mayor" following the words
"Town Manager" in the first line of the text.
Further, Section 8.16.170, Subsections A. and B.,
shall be amended similarly to include the words
"or Mayor" following the words "Town Manager" in
the first and sixth lines of the text of Subsec-
tion A. and the second and fifth lines of the text
of Subsection B.
5. Title 8, Chapter 8.20 is hereby adopted in its
entirety, except as follows:
Section 8.20.020 shall be amended to include the
words "Town Manager" following the word "Mayor"
in the third line of the text.
6. Title 8, Chapter 8.24 is hereby adopted in its
entirety including the footnotes, except as follows:
Section 8.24.030 shall be amended to include
the words, "Provided that firing or the dis-
charging of such weapons was reasonable in light of
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all the attendant circumstances." following the
words "person or property." in the eighth line
of the text and the period at the end of that
line shall be changed to a comma.
Further, that Section 8.24.140 which sets out the
penalties for violations of the preceeding sections,
which penalties are also set out generally elsewhere
in this Ordinance.
7. Title 9, Article I, Chapter 9.02 is hereby adopted
in its entirety, except as follows:
Section 9.02.010 shall be amended to read "Avon
Police Chief" in the first line of the text where
the words, "Town Marshal"_ appear, which words
shall be deleted.
8. Title 9, Article I, Chapter 9.04, shall be adopted
in its entirety.
9. Title 9, Article I, Chapter 9.06, shall be adopted
in its entirety.
10. Title 9, Article I, Chapter 9.08, shall be adopted
in its entirety.
11. Title 9, Article I, Chapter 9.10, shall be adopted
in its entirety.
12. Title 9, Article I, Chapter 9.12, shall be adopted
in its entirety.
13. Title 9, Article I, Chapter 9.14, shall be adopted
in its entirety.
14. Title 9, Article I, Chapter 9.16, shall be adopted
in its entirety.
15. Title 9, Article I, Chapter 9.18, shall be adopted
in its entirety.
16. Title 9, Article II, Chapter 9.20, shall be adopted
in its entirety.
17. Title 9, Article II, Chapter 9.22, is hereby adopted
in its entirety, except as follows:
Section 9.22.010, subsection a shall be amended to
read "two hundred dollars" in the second line of the
text where the words "one hundred dollars" appear,
which words will be deleted.
Further, that Section 9.22.010, subsections c and d
are hereby deleted in. their entirety and the
designations "c" "d" are hereby reserved for future
use.
Further that Section 9.22.050 will be amended to
read "deceptive use recreational facilities." In
the title where the words "deceptive use of ski
facilities." appear, which words shall be deleted.
Further that Section 9.22.050 shall be amended by
the deletion of the words "skiing service or skiing
facility or other."
Section 9.22.060 shall be amended by the deletion
of the words "skiing service or skiing facility
or other."' in both places where those words
appear.
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Further that Section 9.22.070 be amended by the
deletion of the words "Skiing service or skiing
facility or other" in both places where those words
appear.
18. Title 9, Article III, Chapter 9.24, shall be adopted
in its entirety.
19. Title 9, Article III, Chapter 9.26, shall be adopted
in its entirety.
20. Title 9, Article III, Chapter 9.28, shall be adopted
in its entirety.
21. Title 9, Article III, Chapter 9.32, is hereby deleted
in its entirety and the designation "Chapter 9.32"is hereby reserved
for future use.
22. Title 9, Article III, Chapter 9.34, is hereby adopted
in its entirety.
23. Title 9, Article IV, Chapter 9.36 is hereby adopted
in its entirety.
24. Title 9, Article IV, Chapter 9.38, is hereby adopted
in its entirety.
25. Title 9, Article IV, Chapter 9.40, is hereby adopted
in its entirety.
26. Title 9, Article IV, Chapter 9.42, is hereby adopted
in its entirety.
27. Title 9, Article V, Chapter 9.46, is hereby adopted
in its entirety.
28. Title 9, Article V, Chapter 9.48, is hereby adopted
in its entirety.
29. Title 9, Article V, Chapter 9.50, is hereby adopted
in its entirety.
30. Title 9, Article V, Chapter 9.52, is hereby adopted
in its entirety, except as follows:
Section 9.52.010 shall be amended to read "Avon
Police Chief" in the seventh line of the text, the
words -"'Town Marsha-1117 appear, which words will be
deleted.
Further that Section 9.52.030 shall amended by the
deletion of the words "except the main parking lot
at Vail/Liont Head, described as Lot 1, Block 2,
Vail/Lions Head first filing, according to the
recorded plat of same filed with the Town, which
shall be the only designated place for the temporary
parking of such parking of such vehicles referred
to in this Section. In no event shall any vehicle
trailer or camper be parked or stored in the
designated area for a period zn access of seven
days" where that language appears in the text and
a-period shall appear after the word "Town" in the
third line in the text.
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Further that Section 9.52.040 shall be amended to read
"Avon Police Chief" in the fifth line of the text, where
the words "Town Marshal"' appear, which words shall be
deleted.
31. Title 9, Article VI, is hereby reserved for future use.
32. Title 9, Article VII, Chapter 9.54, is hereby adopted
in its entirety.
33. Title 9, Article VI`II,Chapter 9.56, is hereby adopted
in its entirety.
34. The Title 9 footnotes are hereby adopted in their
entirety.
INTRODUCED, PASSED ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL, this2:~_,~day of , 1979 and a
public hearing on this ordinance shall b eld at the regular
meeting of the Town Council of the Town of Avon, Colorado, on the
A day of , 1979, at 7:30 P.M. in the Municipal
W=iices of the Town.
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ATTEST:
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL, this 14th day of August , 1979.
This Ordinance will become effective on August 22, 1979.
Mayor ProTe
ATTEST:
lc~z,
Act' g Town C erk
01 0't
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
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
14th day of August, 1979 at the Town Hall for the purpose
of considering the adoption of ORDINANCE NO. 79-17:
AN ORDINANCE ADOPTING BY REFERENCE
CERTAIN SPECIFIED TITLES AND CHAPTERS
OF THE MUNICIPAL CODE OF THE TOWN OF
VAIL, COLORADO; SETTING OUT CERTAIN
CHANGES, AMENDMENTS, OMISSIONS AND
DELETIONS IN THE MATERIAL BEING
ADOPTED; SETTING FORTH THE PENAL-
TIES FOR VIOLATION THEREOF AND
PROVIDING FOR ADDITIONAL DETAILS IN
RELATION THERETO.
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 given and published by order of the Town Council
of the Town of Avon, Colorado.
Dated this 30th day of July, 1979.
TOWN OF AVON, COLORADO
By order of the Town Council
By:
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JULY 30, 1979:
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPINC CENTER, (AVON POST OFFICE)
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL
THE PESTER GAS STATION; AND
THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER