TC Ord. No. 1980-05i •
TOWN OF AVON
ORDINANCE NO. 5
SERIFS OF 1980
AN ORDINANCE PROVIDING, FOR THE CONTROL, LICENSING, IMPOUNDING
AND DISPOSITION OF DOGS WITHIN THE TOWN OF AVON.
WHEREAS, the Town Council of the Town of Avon has the
legal authority pursuant to Section 6.9 of Chapter 6 of the
Charter for the Town of Avon, Colorado;
Section 31-16-201 et sea, C.R.S. 1973, as amended; and
Section 31-15-401 (m) (I), C.R.S. 1973, as amended, to adopt
by reference thereto, the "Eagle County Dog Control Resolution
of 1979," and any and all amendments'thereto, as enacted by
the County of Eagle, State of Colorado.
WHEREAS, the Town of Avon has determined that the matter
of dog control, licensing, impounding, disposition, and re-
lated problems thereto public health, safety and welfare of the
citizens of the Town of Avon, County of Fagle, State of Colorado.
BE IT ORDAINED BY THE TO[,1N COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1. Adoption
Pursuant to Section 6.9 of Chapter 6 of the Charter
for the Town of Avon, Colorado; Section 31-16-201, et seg.
C.R.S. 1973 as amended; Section 31-15-401 (m) (I), C.R.S.
1973 as amended; and 3action 30-15-101 (2), C.R.S. 1973 as
amended, there is hereby adopted as the ordinance for the
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control, licensing, impounding and Oisposition of dogs within
the Town of Avon, by reference thereto, the "Eagle County Dog
Resolution of 1979," and any and all amendments thereto, as
enacted by the County of Fagle, Colorado. The subject matter
of the adopted Resolution includes comprehensive regulations
and orovisions for the control and licensing of dogs, procedures,
fees and penalties for the purpose of protection of the public
health, safety and general welfare.
Section 2. Resolution Copies.
At least three (3) copies of the "Eacrle County Dog Control
Resolution of 1979," all certified to be true copies, have been
and are now on file in the office of the Town Clerk, and may be
inspected by any interested person between the hours of 9:00 A.M.
and 4:30 P.M. Monday through Friday, holidays excepted. The
"Dog Ordinance" as finally adopted shall be available for sale
to the public through the office of the Town Clerk at a moderate
price.
Section 3. Deleaation of Authority to the County of
Eagle Animal Control Officer.
The Town Council may, upon proper Resolution of the
Council, pursuant to Section 16.2 of Chapter 16, of the Charter
for the Town of Avon, Colorado; Section 29-1-201, et seq. C.R.S.
1973, as amended; and Section 30-15-101 (2), C.R.S. 1973, as
amended, contract and said Council does hereby contract and
agree that the Eagle County Animal Control Officer and his
deputies shall have authority to apprehend, control, license,
impound, dispose of and perform all matters related thereto,
any dog in violation of this Ordinance, within the limits of
the Town of Avon, and that the "Eagle County Dog Control
Resolution of 1979," shall be the regulation prescribed once
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a dog is taken into custody of such Eagle County Animal
Control Officer or his deputies.
Section 4. Penalties.
(a) The following penalty clause as contained in the
"Eagle County Dog Control of 1979," is herewith set forth
in full and adopted:
A. Any violation of any provisions of this
Resolution which does not result in bodilv
injury to any person shall be a Class Two
petty offense and upon conviction thereof
shall be punished for such offense by im-
prisonment for not more then ninety days or
by a fine of not more than three hundred
Dollars ($300.00) or by both such imprisonment
and fine, plus the customary court costs as
applicable. The following minimum fines shall
apply to any such violation:
First Conviction: $ 25.00
Second Conviction: $ 25.00
Third and Each
Conviction Thereafter: $100.00
The penalty assessment procedures contained in
Section 16-2-201 C.R.S. 1973, as amended shall
be followed by any peace officer and/or animal
control officer enforcing the provisions of the
Resolution.
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B. Any violation of any provisions of this
Resolution which results in bodily injury to
any person caused by a dog shall be a Class
Two misdemeanor and upon conviction thereof
shall be punished for such offense by a fine
of two hundred fifty dollars ($250.00) to one
thousand dollars ($1,000.00) or by imprisonment
in the County Jail for three (3) to twelve (12)
months, or by both such fine and imprisonment.
Section 5. Savings Clause.
If any part, section, subsection, sentence, clause, or
phrase of this ordinance or of the Fagle County Doq Control
Resolution of 1979, adopted hereby, is for any reason held to
be invalid, such sections of this Ordinance or of said "Eagle
County Dog Control Resolution of 1979," the Town Council hereby
declares that it would have passed this Ordinance and adopted
said "Eagle County Dog Control Resolution of 1979," in each
part, section, subsection, sentence, clause, or phrase thereof,
irrespective of the fact that any one or more parts, sections,
subsections, sentence, clause, or phrase thereof, irrespective
of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 6. Repeal and Effective Date.
Ordinance No. 78-6, Series of 1978, and any or all
Ordinances or parts of Ordinances of the Town of Avon, in
conflict or inconsistent herewith are hereby repealed upon
the effective date of this ordinance which shall be the
completion of publication as provided by the Charter for the
Town of Avon.
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INTRODUCED, READ AND PASSED ON THE FIRST READING, APPROVED,
AND ORDERED PUBLISHED ONCE IN FULL, THISAY OF ,
1980, AND A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT
THE MEETING OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO,
ON THE .2S-Z~4DAY OF' , 1980,AT 7:30 P.M. IN THE MUNICIPAL
OFFICES OF THE TOWN.
ATTEST:
Patricia J. Do e, Town erk
INTRODUCED, READ AND PASSED ON SECOND READING, APPROVED, AND
ORDERED PUBLISHED THIS 46'-C4 DAY OF-27) a'Lt~ , 1980.
4g to V. Alp , ayor
ATTEST:
Patricia J. Doyle, Town Clerk
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
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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 25th DAY OF
MARCH, 1980 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE
ADOPTION OF ORDINANCE N0.#80-5, SERIES OF 1980:
AN ORDINANCE PROVIDING FOR THE CONTROL, LICENSING, IMPOUNDING AND
DISPOSITION OF DOGS WITHIN THE TOWN OF AVON.
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 13th day of March, 1980.
TO'
By
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MARCH 14, 1980.
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST
OFFICE
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL
THE PESTER GAS STATION; AND
THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER