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TC Ord. No. 1988-01V .0 ORDINANCE NO. 88-1 SERIES OF 1988 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO PUBLIC NUISANCES BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLOLOF.ADO, AS FOLLOWS: Section 1. Amendment. Chapter 8.24 Title 8 of the Municipal Code of the Town of Avon is amended by the addition of a new section as follows: "8.24.035 Certain Species--Nuisance defined. A. The following rodents are declared. to be detrimental and injurious to the public health, safety, and welfare of the inhabitants and property, both public and private, of the Town, and they are determined and declared a public nuisance. 1. Richardson's Ground Squirrel. B. Nothina contained in subsection A shall be construed or intended to include within the definition of a public nuisance any animal designated by a state or federal agency as an endangered animal under state or federal law. C. No owner of any lot, block, or parcel of ground within the Town, nor any tenant or accent in charge thereof, shall allow or permit said lot, block, parcel of around to become or remain infested with Richardson's Ground. Squirrels, or Richardson's Ground Squirrels nests or burrows. For the purpose of this.section, "infestion" shall mean the presence of more than one Richardson's Ground Squirrel burrow or nest per nine hundred square feet of around. D. Anv person, firm, business, or contractor undertaking to remove, eliminate, or abate any nuisance as provided under this section shall comply with all municipal, state, and federal regulations and laws governing the taking, tranpina, killing, and disposal of wildlife and wildlife nests or dens. E. In the event the health department identifies the presence of a communicable disease, abatement shall occur within the time limit specified by the health department. 0 0 Section 2. Severability. If any part, ssction, 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, irrespective of the fact that anv one or more parts, sections, sub-sections, sentences, clauses or phrases be declared invalid. INTRODUCED, PASSED ON FIRST RP7T.nINC,, APPROVED AND ORDERED POSTED, TLIIS 12th day of January,--.1988` and a' public hearing on this Ordinance shall be held at the regular meetina of the Town Council of the Town of Avon, Colorado, on the 26th day of January, 1988 at 7:30 p.m. in the Municipal Buildina of the Town of Avon, Colorado. LAD11an 1`lotti .,ham, mayor INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 26th day of January, 1988. Allan R. ttingh ' , Mayor -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 26TH DAY OF JANUARY, 1988, AT THE TOWN HALL FOR THE PURPOSE OF.CONSIDERING THE ADOPTION OF ORDINANCE NO. 88-1, SERIES OF 1988: AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO PUBLIC NUISANCES 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 reaular 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, Colorado. Dated this 12th day of January, 1988. B OV AVON, atricia V. Db -l-e, lerk i POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY 13, 1988: THE AVON POST OFFICE IN THE MAIN LOBBY THE CITY MARKET IN THE MAIN LOBBY THE PD QUIK STATION; AND THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY