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TC Ord. No. 1981-06• TOWN OF AVON 0 ORDINANCE NO. #81-6 Series of 1981 AN ORDINANCE AMENDING ORDINANCES NO. 17, SERIES OF 1979, AND NO. 7,.SERIES OF 1980 TO DEFINE THE OFFENSES OF "FRAUD BY CHECK" AND "POSSESSION OF MARIJUANA" AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: Section 1. Amendment. Paragraph 17, Section H, "Text," of Ordinance No. 17, Series.:.of 1979, as amended by Section 2 of Ordinance No. 7, Series of 1980, is amended to read as follows: 1117. 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 lied of the text where the words "one hundred dollars" appear, which words will be deleted. Further, that subsection B shall be amended to read "Recreational Facility" means any golf course, tennis court, bowling alley or any recreational property or any related property, facility or thing whatsoever. Further, that Section 9.22.010, subsections C and D are hereby deleted in their entirety and the designations "C" and "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. rj • i 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. Further, that a Section 9.22.080 is added as follows: 9.22.080 Procuring Food or Accomodations with Intent to Defraud. Any person who, with intent to defraud, procures food, or accommodations in any public establishment without making payment therefor in accordance with his agreement with such public establishment is guilty of the offense of procuring food or accommodations with intent to defraud. Removal of baggage from the premises of a public establishment without having made payment for accom- modations constitutes prima facie evidence of intent to defraud. Further, that a Section 9.22.090 is added as follows: w._. 9.22.090 Fraud by Check - Definitions. (1) (a) "ChecW means a written, uncon- ditional order to pay a sum certain in money, drawn on a bank, payable on demand, and signed by the drawer. "Check", for the purposes of this section only, also includes a negotiable order of withdrawal and a share draft. (b) "Drawee" means the bank upon which a check is drawn or a bank, savings and loan association, industrial bank, or credit union on which a negotiable order of withdrawal or a share draft is drawn. (c) "Drawer" means a person, either real or fictitious, whose name appears on a check as the primary obligor, whether the actual signature be that of himself or of a person authorized to draw the check on himself. (d) "Insufficient funds" means a drawer has insufficient funds with the drawee, or has funds in a checking account with the drawee in an amount less than the amount of the check plus the amount of all other checks outstanding at the time of issuance; and a check dishonored for "no account" shall also be deemed to be dis- honored for "insufficient funds". -2- • i (e) "Issue". A person issues a check when he makes, draws, delivers, or passes it or causes it to be made, drawn, delivered, or passed. (f) "Negotiable order of withdrawal" and "share draft" mean negotiable or trans- ferable instruments drawn on a negotiable order of withdrawal account or a share draft account, as the case may be, for the purpose of making payments to third persons or other- wise. (g) "Negotiable order of withdrawal account" means an account in a bank, savings and loan association, or industrial bank, and "share draft account" means an account in a credit union, on which payment of interest or dividends may be made on a deposit with respect to which the bank, savings and loan association, or industrial bank or the credit union, as the case may be, may require the depositor to give notice of an intended with- drawal not less than thirty days before the withdrawal is made, even though in practice such notice is not required and the depositor is allowed to make withdrawal by negotiable order of withdrawal or share draft. (2) Any person, knowing he has insufficient funds with the drawee, who, with intent to defraud, issues a check for the payment of services, wages, salary, commissions, labor, rent, money, property, or other thing of value, commits fraud by check. Section 2. Amendment. Paragraph 26, Section H. Series of 1979, as amended by is amended to read as follows: "Text," of Ordinance No. 17, Ordinance No. 7, Series of 1980, "26. Title 9, Article IV, Chapter 9.42 is hereby adopted in its entirety and a Section 9.42.020 is added as follows: 9.42.020 Loitering. A. "Loiter" means to be dilatory, to stand idly around, to linger, delay or wander about, or to remain, abide, or tarry in a public place. B. A person commits loitering if he does any of the following: 1. Loiters for the purpose of begging; or -3- • • 2. Loiters for the purpose of unlawful gambling with cards, dice, or other gambling paraphernalia; or 3. Loiters for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual intercourse; or 4. Loiters in or about a school building or grounds, not having any reason or responsi- bility for, a pupil or any other specific legitimate reason for being there, and not having written permission from a school admin- istrator; or in or about a public building except in the exercise of the right of assembly, free speech, or peaceful petition; or 5. Loiters with one or more persons for the purpose of unlawfully using or possessing a narcotic or dangerous drug; or 6. Remains in or upon any private pre- mises or place of business after having been asked by the owner, lesee, or manager thereof to leave." Further, that a Section 9.42.030 is added as follows: V 9.42.030 Possession of Marijuana. A person commits possession of marijuana if he possesses on his person, within a motor vehicle used by him, or on premises occupied by him cannabis sativa L., com- monly known as marijuana. Section 3. Violations and Penalties. It is unlawful for any person to violate any provision hereof. Any person who violates any provision of this Ordinance shall be punished by a fine of not more than three hundred dollars or by imprisonment for a period of not more than ninety days or by both such fine and imprisonment: provided, no person under the age of eighteen years shall be punished by imprison- ment. 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, continued, or permitted by such person and shall be punished accordingly. Section 4. Severability. If any provision, clause, phrase of section of this Ordinance or the application thereof to any person or circum- stance is held invalid, such invalidity shall not affect other provisions, clauses, phrases or sections or applications of the Ordinance which can be given effect without the invalid provi- sions or applications and to this end the provisions or appli- cations of this Ordinance are declared to be severable. -4- 0 0 INTRODUCED, PASSED ON FIRST READING APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this day of azlll~y , 1981 and a public hearing on this Ordinance shall a held at the regular meeting o the To Council of the Town of Avon, Colorado, on the ea~ ay of , 1981, at 7:30 P.M. in the Municipal offices of th Town. TOWN OF AVON By 14 , - , VA, An elo Alpi, a o ATTEST: Patricia J. Do 1 , Town T lerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this ~ day of , 1981. This Ordinance will become effective on , 1981. TOWN OF AVON B A~' to . Al i, yor ATTEST: Patricia J. Do e, To Clerk ~5- STATE OF COLORADO COUNTY OF EAGLE TOWN OF AVON SS 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 28th DAY OF APRIL, 1981 AT THE TOWN HALL, 0082 EAST BEAVER CREEK.BOULEVARD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. #81-6, SERIES-OF 1981: AN ORDINANCE AMENDING ORDINANCES N0.#17, SERIES OF 1979,-AND-_NO,#7,SERIFS OF 1980 TO DEFINE THE OFFENSES OF "FRAUD,BY CHECK" AND "POSSESSION OF MARIJUANA" AND PROVIDING'PENALTIES FOR THE VIOLATION THEREOF. 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. Fbllowing,this hearing, the Council may consider final passage of this Ordinance. This notice given and published by order of the Town Council of the Towri..of'Avon ; Colorado. Dated this 15th Day of April-, 1981. TOWN OF AVON, COLORADO BY: Towri-Clerk POSTED AT THE FOLLOWING.PUBLIC PLACES WITHIN THE TOWN OF AVON ON- APRIL 15, 19$1: 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