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.
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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.
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".
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(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
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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.
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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
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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