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TC Ord. No. 1987-22ORDINANCE NO. 87-22 SERIES OF 1987 0 AN ORDINANCE AMENDING CHAPTER 2.12 OF THE AVON MUNICIPAL CODE OF THE TOWN OF AVON, AND ESTABLISHING A DEPARTMENT OF PUBLIC SAFETY FOR THE TOWN OF AVON; DEFINING THE DUTIES OF THE DEPARTMENT OF PUBLIC SAFETY AND ITS PERSONNEL, INCLUDING THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE PUBLIC SAFETY DIRECTOR, AND SETTING FORTH VARIOUS OTHER PROVISIONS RELATING THERETO WHEREAS, the preservation of the public peace, order, safety and dignity within the Town of Avon is both a major priority and constitutional mandate of the Town Council of the Town of Avon, Colorado; and WHEREAS, the Town Manager of the Town of Avon, is required, by Charter, to recommend to the Town Council by Ordinance, administrative departments necessary to complete the administrative functions of the Town; and WHEREAS, the Town Manager has determined that the Town of Avon, Colorado, is in need of the services to be provided by the Department of Public Safety, and that such need is likely to continue to exist into the future; and WHEREAS, the Town Manager has officially recommended that the Town Council establish a Department of Public Safety for the Town of Avon, Colorado; and WHEREAS, doing so would be in the best interest of the inhabitants of the Town of Avon, Colorado. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 2.12.010 of Chapter 2.12, Title 2 of the Town Code of the Town of Avon is amended to read as follows: "2.12.010 Establishment. There is created and established a Public Safety Department of the town which shall be known and referred to as "The Avon Public Safety Department." The department shall consist of the public safety director, who shall be the supervisor and head of the department for both the police and fire functions, and such other personnel as the town council may authorize through the adoption of its annual budget. E C The Public Safety Department is specifically established pursuant to the provisions of the Town Charter and the relevant provisions thereof, including Section 8.8." Section 2. Amendment. Section 2.12.02.0 of Chapter 2.12, Title 2, of the Town Code of the Town of Avon is amended to read as follows: "2.12.020 Duties of the Public Safety Department. The Department of Public Safety shall consist of Public Safety Officers who are trained and certified as either Police Officers, Fire Fighters, Emergency Medical Technicians, or any combination of the above. A) Those Public Safety officers acting in the role commonly associated with police duties, will be authorized to: 1. To enforce the laws and ordinances of the town and the state, employing their powers as "peace officers" as defined in Colorado Revised Statutes, 1973, 18-1-901(3)(1), as amended, and the powers and duties granted by the Constitution of the United States of America, the Constitution of the State of Colorado and this chapter; 2. To maintain the public peace, order, safety and dignity within the Town; 3. To perform such other acts, functions and duties as may be authorized by the town council, the mayor or the town manager pursuant to the Town Charter. B) Those Public Safety officers acting in the position commonly associated with fire fighter duties, will be authorized to: 1. Engage in the suppression of fires and attendant life saving areas, provide first aid as needed to the level of their ability, and engage in fire inspections so as to minimize personal and public hazards within the Town of Avon, Colorado; 2. Participates and assists in the design of applicable fire prevention programs; 3. To assist in maintaining the public peace, order, safety and dignity within the Town of Avon, Colorado. -2- 0 C) Those Public Safety officers who are cross- trained in the roleg commonly associated with police and fire duties, will be authorized to: 1. Perform all the duties described above that are commonly associated with police and fire fighting. D) Those Public Safety officers acting in the roles commonly associated with fire fighting and Emergency Medical Technician duties will be authorized to: 1. Perform all the duties associated with fire fighting as described above and to further provide the Town of Avon, Colorado, with the life saving and first aid functions associated with the State Certified Emergency Medical Technician Program." Section 3. Amendment. Section 2.12.030 of Chapter 2.12, Title 2 of the Town Code of the Town of Avon is amended to read as follows: "2.12.030 Duties of the Public Safety Director. The following acts shall be performed as necessary by the Public Safety Director and by others designated by him, subject and pursuant to the approval of the Town Council, which approval may be granted in a form of a resolution or ordinance by the Town Council: A. Recommend the purchase and other acquisition of certain items and pieces of equipment needed by the Public Safety Department; B. Recommend the hiring and termination of certain employees of the Public Safety Department and recommend the salary and other compensation to be paid to the employees of the Public Safety Department; C. Draft such rules, regulations and procedures as may be required for the proper operation of the Public Safety Department to be approved by the Town Manager." Section 4. Amendment. Section 2.12.050 of Chapter 2.12,Title 2 of the Town Code of the Town of Avon is amended to read as follows: "2.12.050 Oath of Office. Every Public Safety Officer acting in a police capacity of the Town, before entering upon the duties of his office, shall take an oath or affirmation of office that he -3- 0 • will support the Constitution and the laws of the United States and of the State of Colorado, and the Town Charter and the ordinances for the Town, and that he will faithfully perform the duties of the office which he is about to enter." INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 8th day of September, 1987, and a public hearing on this rdinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 22nd day of September, 1987 at 7:30 p.m. in the municipal building of the Town of Avon, Colorado. All n R. of ing 7 Mayor ATTEST! it INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this 22nd day of September , 1987. r Allan R Nottin m, Mayor -4- 0 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) U 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 22ND DAY OF SEPTEMBER, 1987, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 87-22, SERIES OF 1987: AN ORDINANCE AMENDING CHAPTER 2.12 OF THE AVON MUNICIPAL CODE OF THE TOWN OF AVON, AND ESTABLISHING A DEPARTMENT OF PUBLIC SAFETY FOR THE TOWN OF AVON; DEFINING THE DUTIES OF THE DEPARTMENT OF PUBLIC SAFETY AND ITS PERSONNEL, INCLUDING THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE PUBLIC SAFETY DIRECTOR, AND SETTING FORTH VARIOUS OTHER PROVISIONS RELATING THERETO 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 the Ordinance. This notice is given and published by order of the Town Council of the Town of Avon. Dated this 8th day of September 1987. OF AVON, COLORADO BY: A atricia J. Irclyle,- Tow) Cler POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON September 9, ,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