TC Ord. No. 1992-14 Amending Chapter 8.24 of the Muni CodeORDINANCE NO. 92-14
AN ORDINANCE AMENDING CHAPTER 8.24 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO
CONTROL OF UNDESIRABLE PLANTS; AND PROVIDING
PENALTIES FOR THE VIOLATION HEREOF
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. A new Section 8.24.046 of Chapter
8.24 of Title 8 of the Municipal Code of the Town of Avon is added
to read as follows:
8.24.046 Undesirable Plants.
A. Undesirable Plants: Russian, Spotted and Diffuse Knapweed,
Canada Thistle, Musk Thistle, and Leafy Spurge are declared to be
undesirable plants to be controlled in accordance with this
Ordinance.
B. Declaration of Nuisance: Leafy Spurge, Russian, Spotted and
Diffuse Knapweed, and all other plants designated "undesirable
plants" by the Town of Avon are declared to be a public nuisance.
Such action may be taken as is available for nuisance abatement
under the laws of this State and the Town of Avon, and as the Town
Council, in their sole discretion, deem necessary.
C. Removal of Undesirable Plants Required by Property Owner:
Property Owners within the Town of Avon shall be responsible for
the control and prevention of undesirable plants from their
property within ten (10) days after the effective date of this
Ordinance. Such removal shall be accomplished in an ecologically
feasible and environmentally safe manner in accordance with all
applicable laws, ordinances, rules and regulations.
D. Enforcement: The Town shall have the right to enter upon
the premises, lands, or places, whether public or private, during
reasonable business hours or upon proper notice for the purpose of
inspecting for the existence of undesirable plants, and shall have
the right to propose, implement or enforce the management of
undesirable plants upon such lands in accordance with the
provisions of Colorado Revised Statute, Section 35-5.5-109.
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, irrespective of the fact that any one or more parts,
sections, sub-sections, sentences, clauses or phrases be declared
invalid.
Section 3. Penalty. It is unlawful for any person to
violate any provision of, or to fail to comply with any of the
requirements of, this Ordinance. Any person who violates any
provisions of this Ordinance shall be punished by a fine of not
more than five 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 imprisonment.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
this 12th day of May , 1992 and a public hearing on this
Ordinance shall be held at the regular meeting of the Town Council
of the Town of Avon, Colorado on the 26thday of May 1992
at 7:30 P.M. in the Municipal Building of the Town of Avon,
Colorado.
Mayor
Attest:
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED
this 26th day of May , 1992.
C1 0 NA,
Mayor
Attest:
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 MAY, 1992, AT THE TOWN HALL FOR THE PURPOSE
OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 92-14, SERIES OF
1992:
AN ORDINANCE AMENDING CHAPTER 8.24 OF MUNICIPAL CODE OF THE
TOWN OF AVON RELATING TO CONTROL OF UNDESIRABLE PLANTS; AND
PROVIDING PENALTIES FOR THE VIOLATION HEREOF
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 is given and posted by order of the Town Council
of the Town of Avon, Colorado.
Dated this 14th day of May, 1992.
TOWN OF AVON, COLORADO
BY:
Patty Neyh rt
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON MAY 14, 1992:
AVON POST OFFICE IN THE MAIN LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY