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TC Ord. No. 1987-140 J9 ORDINANCE NO. 87 - 14 AN ORDINANCE AMENDING CHAPTER 9.16.060 OF THE TOWN OF AVON MUNICIPAL CODE AS IT RELATES TO CANNABIS, POSSESSION OF CANNABIS, PUBLIC DISPLAY OR CONSUMPTION OF CANNABIS AND PROVIDING PENALTIES FOR POSSESSION THEREOF. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Section 9.16.060 of the Municipal Code of.the Town of Avon is repealed and re-enacted as follows: 9.16.060 Defined. "Cannabis" includes all parts of the plant Cannabis, Sativa L. whether growing or not; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative,.mixture, or preparation of such plant or resin, but shall not include-the stalks of said plant, fiber produced from its stalks, oil or cake made from the seeds of said plant, or any-other compound or manufacture,' salt, derivative, mixture, or preparation of its stalks, except the resin extracted therefrom, fiber, oil, or cake, or seed-of such plant. 9.16.070 Unlawful acts designated. It is unlawful to possess, use or attempt to obtain or procure less than one ounce of cannabis. 9.16.080 Penalty for possession. Any person who possesses not more than one ounce of cannabis shall be guilty of a misdemeanor and upon con- viction thereof shall be punished by a fine of not more than one hundred dollars. 9.16.090 Summons and complaint issuance and contents. Whenever a person is arrested or detained for a violation of Section 9.16.070 the arresting or detaining officer shall prepare a written notice or summons to appear in court, which written notice or summons shall contain the name and address of such arrested or detained person, the time and place where such person shall appear and a place for such person to execute his or her promise to appear at the time and place indicated on the summons or notice. The time specified in such notice to appear or summons must be at least five days after such arrest or de- tention unless the arrested or detained person demands an earlier hearing, and the town is able to provide such an earlier hearing. The place specified in said notice to appear must be before the municipal judge. The arrested or detained person must give his or her written promise to appear in court by signing the notice or summons prepared by the arresting or detaining officer. 0 0 9.16.100 Penalty for public display or consumption. Any person who openly and publicly displays or consumes not more than one ounce of cannabis is guilty of a misdemeanor and upon conviction thereof shallbe punished, by a fine of not more' than one hundred dollars,..-, Section 2. Severability. If any part, section, sentence, clause or phrase of this Ordinance is.-for any reason held.-to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, sub-section, sentence, clause or phrase thereof, irrespec- tive of the fact that any one or more parts, sections, sub-sections, sentences, clauses or phrases be declared invalid. INTRODUCED, PASSED ON FIRST READING, K POSTED, THIS 23rd day of June and a public hearing on this Ordinance regular meeting of the Town Council of Colorado, on-the 14th day of July 7:30.P.M. in the Municipal Building of Colorado. , ATTEST : Pat icia J. D(671e Town Clerk V PPROVED AND ORDERED , 1987 shall be held at the the Town of Avon, 1987 at the Town of Avon, Allan R. N ttingha Mayor INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 14th day of July _ , 1987. / ev-_ A I 11)") xc ~e' -p- ~ Allan R. N tingh71/Mayor ORDNC2 0 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) 0 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 JULY, 1987 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 87-14, SERIES OF 1987: AN ORDINANCE AMENDING CHAPTER 9.16.060 OF THE TOWN OF AVON MUNICIPAL CODE AS IT RELATES TO CANNABIS, POSSESSION OF CANNABIS, PUBLIC DISPLAY OR CONSUMPTION OF CANNABIS AND PROVIDING PENALTIES FOR POSSESSION THEREOF A copy of said ordinance is attached thereto, 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 is given and published by order of the Town Council of the Town of Avon. Dated this 24th day of June, 1987. , COLORADO BY atricla J. Doyle, POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 25, 1987: THE AVON POST OFFICE IN THE MAIN LOBBY THE CITY MARKET IN THE MAIN LOBBY PESTER GAS STATION; AND THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY