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TC Ord. No. 1983-09TOWN OF AVON ORDINANCE NO. 83- 9 Series of 1983 AN ORDINANCE CONCERNED WITH ESTABLISHING OFFENSES OF THEFT BY RECEIVING, INTIMI- DATING A WITNESS, AND TAMPERING.WITH A WITNESS, AND PROVIDING PENALTY PROVI- SIONS THEREFOR. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, as follows: Section 1. Title 9, Chapter-8 of the Municipal Code of the Town-of Avon shall be amended-by the addition of a new-section, identified as Section 9.08.100, which section shall read as follows: Section 9.08.100 Theft by Receiving. No person shall receive, retain, loan money by pawn or pledge on, or dispose of anything of value of another, knowing or believing that said thing of.value has been stolen, intending to deprive the lawful owner perma- nently of the use bf benefit of.the thing of value. Section-2. Title 9, Chapter-4 of the Municipal- Code of the Town of Avon shall be amended by the addition of a new section, identified as Section-9.04.110, which section shall read as follows: Section 9.04.110 Intimidating a Witness. No person shall, by use of a threat or act of harm or injury to any person or property directed to or committed upon a witness or to a person he believes has been or is.to be called'as a witness in any official proceeding; inten- tionally attempt to do or do any of the following acts: (a) Influence him to testify falsely or to unlawfully withhold any testimony; or (b) Induce him to avoid legal process summoning him to testify; or (c) Induce him to absent. himself from an official proceeding `to which he has been legally summoned; or (d) "Inflict.such-harm or injury as retribu=tion for such testimony or expected testimony., Section 3. Title 9, Chapter 4 of. 'the Municipal code of the Town o Avon shall be amended by the addition of a new section,-identified as Section 9.04.120, which section shall read as follows: Section 9:04.120 Tampering with a Witness. No person shall intentionally attempt without threats to induce.a witness or a.person he believes is to be called as a witness in any official proceeding to: (a) Testify falsely or unlawfully withhold any testimony; or (b) Absent himself from any official proceeding to which he has been legally summoned; or testify. (c) Avoid legal process summoning him to Section 4. Violation and Penalties. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than $500.00 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. Section 5. Severability. If any part or parts hereof are for any reason held to be invalid, such shall not affect the remaining portions of this Ordinance. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS 22nd day of February , 1983 and a public hear on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 8th day of March , 1983 at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Allan R, of Ingham,.- ayor T: Patricia Doyle Town Cler INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 8 day of , 1983. Sheila R. Davis, Mayor Pro-Tem ATTEST: Patricia j. Town Clerk 0.2 2/9/83 - 2 - STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) 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 8TH DAY OF MARCH, 1983 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF'CONSIDERING THE ADOPTION OF ORDINANCE NO.483-9, SERIES OF 1983: AN yORDINANCE CONCERNED WITH ESTABLISHING OFFENSES OF THEFT BY RECEIVING,. IN'T'IMIDATING A WITNESS, AND TAMPERING, WITH A" WI'T'NESS, AND PROVIDING PENALTY PROVISIONS THEREFOR 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 passed by order of the Town Council of the Town-of Avon," Colorado. Dated this"o~J.I-j day,of February, 1983. POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARYa&jt t . , 1983:' THE MAIN ENTRANCE OF THE POST OFFICE, THE MAIN ENTRANCE TO CITY MARKET, THE PESTER GAS STATION;,AND THE MAIN LOBBY IN THE MUNICIPAL BUILDING