TC Ord. No. 2004-11 Amending Title 8 Avon mUni Code to Establish regulations and standards reagarding the protection of wildlife and providing penalties for the violation herofTOWN OF AVON, COLORADO
ORDINANCE NO. 04-11
SERIES 2004
AN ORDINANCE AMENDING TITLE 8, AVON MUNICIPAL
CODE, TO ESTABLISH REGULATIONS AND STANDARDS
REGARDING THE PROTECTION OF WILDLIFE AND
PROVIDING PENALTIES FOR THE VIOLATION HEROF
BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, as
follows:
Section 1. Repeal. Section 8.24.080 of Chapter 8.24 and Chapter 8.32, Title 8,
Avon Municipal Code, are repealed.
Section 2. Amendment. Title 8, Avon Municipal Code, is amended by the
addition of a new Chapter 8.32 to provide as follows:
8.32.010 Purpose
The purpose of this Chapter 8.32 is to protect and maintain wildlife in the Town
of Avon and surrounding areas and to minimize the risk of dangerous interaction
between humans and wildlife.
8.32.020 Definitions
A. Wildlife Any undomesticated animal, including but not limited to elk,
deer, sheep, lynx, skunks, bears, raccoons, coyotes, beavers, porcupines,
mountain lions, bobcats and foxes.
B. Resident Any person, firm, corporation or organization within the Towm
of Avon or on Town controlled land.
C. Wildlife-Resistant Refuse Container A fully enclosed metal or plastic
container or dumpster with a metal or plastic lid. The lid must have a
latching mechanism which prevents access to the contents by wildlife.
D. Wildlife-Proof Refuse Container Any refuse container which has been
certified to be wildlife proof by the Colorado Division of Wildlife, the
U.S. Park Service or the U.S. Forest Service.
8.32.030 Residential Refuse Disposal
A. All residential refuse containers that receive garbage and/or refuse edible
by wildlife must either be wildlife resistant or wildlife proof or be kept
within a fully enclosed and secured structure.
B. Residents with curbside pickup shall place their refuse containers at the
curb, alley, or public right-of-way at or after 6:00 a.m. of the morning of
the pickup; provided, wildlife-proof containers may be placed curbside
after 6:00 a.m. of the day before. After pickup, the containers must be re-
secured in an appropriate manner before the end of the same day.
8.32.040 Special Event Refuse Disposal
Outdoor special event sites shall be kept free from the accumulation of refuse
edible by wildlife. Refuse must be collected from the grounds at the close of each
day's activities and shall be deposited into appropriate containers or enclosures
secured in a manner to prevent access by wildlife or shall be removed to a
disposal site.
8.32.050 Construction Site Refuse Disposal
All construction sites must have a designated container that receives refuse edible
by wildlife, or such refuse shall be removed from the site by the end of each day.
Such container shall be a wildlife-proof container.
8.32.040 Feeding Wildlife Prohibited
A. No person shall intentionally or unintentionally feed or provide food in
any manner for wildlife on public or private property within the Town of
Avon. Persons will be considered to be in violation of this chapter if they
leave or store any garbage, refuse or food product in a manner that would
create an attraction for wildlife.
B. No person shall leave or store any refuse, food product, pet food, grain or
salt in a manner which would constitute a lure, attraction or enticement for
wildlife.
C. Between the dates of April 15t1' and November 15t", all bird feeders must
be suspended on a cable or other device so that they are inaccessible to
bears, and the area below the feeders must be kept free from the
accumulation of seed debris.
D. This Section 8.32.040 shall not apply to: 1) Any individual, company or
corporation that is duly licensed by the State of Colorado or otherwise
entitled under law to possess a wildlife species; 2) Any action that is
officially sanctioned by the State of Colorado that would require feeding,
baiting or luring of wildlife. (An example of one such action would be
Ordinance No. 04-11 Wildlife Protection
Page 2 of 5
scientific projects dealing with capturing and tagging wildlife); 3) the
feeding of wild birds, unless the bird feeder begins to attract other forms
of wildlife.
8.32.050 Penalty Assessment
Violation of any provision of this chapter by any person, firm or
corporation, whether as owner or occupant, shall be handled in the
following manner:
A. First Violation: The first violation of the Chapter will result in a Notice
of Violation to an alleged offender. The alleged offender will be warned
and informed of the proper precautions necessary to prevent the feeding
of wildlife and the necessary actions to meet the provisions of this
Chapter, which may include but are not limited to: removal of wildlife
attractants, time limits for the placement of curbside refuse containers
and use of bear resistant containers. Said notice shall include a
reasonable time schedule for compliance. An alleged offended who
timely complies with the first Notice of Violation will not be subject to
the penalty provisions of this Chapter.
B. Second Violation: The second violation of this Chapter will result in
another Notice of Violation, as well as a Summons and Complaint. Two
Notices of Violation within a twelve (12) month period will subject the
violator to the penalty provisions of this Chapter. Failure to comply
with the first Notice of Violation within the designated time frame may
be deemed a second violation. The second Notice of Violation shall
include a compliance schedule when applicable.
C. Subsequent Violation(s): Offenders who have violated this Chapter more
than two times within a twelve (12) month period or continue to fail in
achieving timely compliance with a previous notice will be subject to a
graduated fine schedule as set forth herein.
8.32.060 Penalties
A. The graduated fine schedule for the penalty assessment procedure is as
follows:
Warning for the first violation
$100 to $250 fine for the second violation within the twelve (12)
months of the first violation, or failure to comply
with the designated compliance schedule associated
with the first violation.
Ordinance No. 04-11 Wildlife Protection
Page 3 of 5
$250 to $1000 fine for each successive violation within twelve (12)
months of the previous violation, or failure to
comply with the designated compliance schedule
associated with the second or subsequent violation.
B. In addition to the criminal enforcement set forth above, The Town of
Avon may seek an injunction or other appropriate civil relief to enforce
the provisions of this Chapter.
8.32.070 Violator's Responsibilities
In addition to the penalties outlined herein, upon order of the police department,
violators will be required to perform all necessary actions to remove or abate
attractions of wildlife. This may include, but shall not be limited to: the removal
of bird feeders or pet food, cleaning or appropriate storage of barbeque grills,
and/or the required use of wildlife resistant containers and/or wildlife proof
containers.
8.32.080 Notice of Violation
A resident shall be deemed to have been issued an appropriate Notice of Violation
if it is personally served upon the resident, posted on the resident's premises or
placed in the U.S. Mail, postage prepaid and addressed to the resident according
to the last known address given by the resident to any Town of Avon or Eagle
County government department. If the identity of the resident is not known, the
entity responsible for payment of the garbage removal services for the subject
location will be held responsible for complying with this Chapter and for any
penalties assessed pursuant to the same.
Section 3. Penalties. It is unlawful for any person to violate any of the provisions
of this Ordinance. Every person convicted of a violation of any of the provisions of this
Ordinance shall be punished by a fine not exceeding one thousand dollars or by
imprisonment not exceeding one year or by both such fine and imprisonment.
INTRODUCED, READ, APPROVED, AND ORDERED POSTED this 27th day
of July, 2004 and a public hearing shall be held on this Ordinance on the IDS day of
August, 2004 at 5:30 p.m. in the Council Chambers of the Avon Municipal Building,
Avon, Colorado.
Albert D. Reynolds, M or
Ordinance No. 04-11 Wildlife Protection
Page 4 of 5
AT ST:
'-S, P
ON SECOND READING AND ORDERED POSTED
Albert D. Reynolds, May
ATTEST:
Patty cI enny, Clerk
J, 114, `
n
APPROVED AS TO FORM:
11 . 1~
Jt W. Dunn, Town Attorney
Ordinance No. 04-11 Wildlife Protection
Page 5of5
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 5:30 P.M. ON THE 10T" DAY OF AUGUST
2004, AT THE WILDRIDGE FIRE STATION, 2120 SADDLE RIDGE LOOP, AVON,
COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF THE
FOLLOWING ORDINANCES:
Ordinance No. 04-11, Series of 2004, Ordinance Amending Title 8, Avon Municipal
Code, to Establish Regulations and Standards Regarding the Protection of Wildlife
and Providing Penalties for the Violation Hereof (John Dunn) -Addresses concerns
with wildlife and refuse containers
Ordinance No. 04-12, Series of 2004, An Ordinance Amending Title 16 and 17 of
the Avon Municipal Code of the Town of Avon as it relates to review of Planned Unit
Development Zone Districts, Definition of Building Height, and Parking (Tambi
Katieb) - Ordinance proposes several revisions to both the Zoning and Subdivision
Codes
Ordinance No. 04-13, Series of 2004, Ordinance Amending Section 8.24.085 of
the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour
Limitations Under Certain Conditions (Norm Wood) - Ordinance that addresses the
Exception to Construction Hour Limitations Under Certain Conditions.
A copy of said Ordinances are attached hereto, and are also on file at the office of the
Town Clerk, and may be inspected during regular business hours, Monday through Friday,
8AM-5 PM.
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
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JULY 28, 2004.
✓ AVON MUNICIPAL BUILDING, MAIN LOBBY
✓ ALPINE BANK, MAIN LOBBY
✓ AVON RECREATION CENTER, MAIN LOBBY
✓ CITY MARKET, MAIN LOBBY
STATE OF COLORADO)
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO ADOPTED ON THE 27TH DAY OF JULY 2004 THE
FOLLOWING ORDINANCES:
Ordinance No. 04-11, Series of 2004, Ordinance Amending Title 8, Avon Municipal
Code, to Establish Regulations and Standards Regarding the Protection of Wildlife and
Providing Penalties for the Violation Hereof
Ordinance No. 04-12, Series of 2004, Proposed Revisions to Chapter 16 (Subdivision)
and Chapter 17 (Zoning) of the Avon Municipal Code, An Ordinance Amending Title 16
and 17 of the Avon Municipal Code of the Town of Avon as it relates to review of
Planned Unit Development Zone Districts, Definition of Building Height, and Parking
Ordinance No. 04-13, Series of 2004, Ordinance Amending Section 8.24.085 of the
Avon Municipal Code to Allow the Grant of an Exception to Construction Hour
Limitations Under Certain Conditions
A copy of said Ordinances are attached hereto, and are also on file at the
office of the Town Clerk, and may be inspected during regular business hours,
Monday.through Friday, 8 AM - 5 PM.
This notice is given and posted by order of the Town Council of the Town of
Avon, Colorado
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON. ON AUGUST 12, 2004
✓ AVON MUNICIPAL BUILDING, MAIN LOBBY
✓ ALPINE BANK, MAIN LOBBY
✓ AVON RECREATION CENTER, MAIN LOBBY
✓ CITY MARKET, MAIN LOBBY
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: WILDLIFE ORDINANCE
DATE: JULY 219 2004
With this memorandum is an ordinance which will address the concerns raised by
the Police Chief and Bill Andree at your last meeting. The ordinance is based on ordinances
adopted in Vail and Blue River. Bill Andree recommended the Vail ordinance, and I used the
Town of Blue River ordinance because I am familiar with it as the Blue River attorney. It is
similar, and one gets the impression that a common form is in use.
The language included for certified wildlife-proof containers was provided to me by
Bill Andree. He tells me that both Waste Management and Honey Wagon have containers with
latches, which are wildlife resistant and steel containers, which have been certified by the Division
of Wildlife to be wildlife proof. The latter are more expensive.
It is unclear to me why trash containers must be re-secured by 7:00 p.m., but that
requirement appears in both ordinances. You may want to discuss that requirement. I also ask that
you carefully review the construction site language and provide me with any input.
JWD: ipse
TOWN OF AVON, COLORADO
ORDINANCE NO. 04-11
SERIES 2004
AN ORDINANCE AMENDING TITLE 8, AVON MUNICIPAL
CODE, TO ESTABLISH REGULATIONS AND STANDARDS
REGARDING THE PROTECTION OF WILDLIFE AND
PROVIDING PENALTIES FOR THE VIOLATION HEROF
BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, as
follows:
Section 1. Repeal. Section 8.24.080 of Chapter 8.24 and Chapter 8.32, Title 8,
Avon Municipal Code, are repealed.
Section 2. Amendment. Title 8, Avon Municipal Code, is amended by the
addition of a new Chapter 8.32 to provide as follows:
8.32.010 Purpose
The purpose of this Chapter 8.32 is to protect and maintain wildlife in the Town
of Avon and surrounding areas and to minimize the risk of dangerous interaction
between humans and wildlife.
8.32.020 Definitions
A. Wildlife Any undomesticated animal, including but not limited to elk,
deer, sheep, lynx, skunks, bears, raccoons, coyotes, beavers, porcupines,
mountain lions, bobcats and foxes.
B. Resident Any person, firm, corporation or organization within the Towm
of Avon or on Town controlled land.
C. Wildlife-Resistant Refuse Container A fully enclosed metal or plastic
container or dumpster with a metal or plastic lid. The lid must have a
latching mechanism which prevents access to the contents by wildlife.
D. Wildlife-Proof Refuse Container Any refuse container which has been
certified to be wildlife proof by the Colorado Division of Wildlife.
8.32.030 Residential Refuse Disposal
A. All residential refuse containers that receive garbage and/or refuse edible
by wildlife must either be wildlife resistant or wildlife proof or be kept
within a home, garage, shed or other enclosed structure.
B. Residents with curbside pickup shall place.their refuse containers at the
curb, alley, or public right-of-way at or after 6:00 am. of the morning of
the pickup; provided, wildlife-proof containers may be placed curbside
after 6:00 a.m. of the day before. After pickup, the containers must be re-
secured in an appropriate manner by 7:00 p.m.
8.32.040 Special Event Refuse Disposal
Outdoor special event sites shall be kept free from the accumulation of refuse
edible by wildlife. Refuse must be collected from the grounds at the close of each
day's activities and shall be deposited into appropriate containers or enclosures
secured in a manner to prevent access by wildlife or shall be removed to a
disposal site.
8.32.050 Construction Site Refuse Disposal
All construction sites must have a designated container that receives refuse edible
by wildlife. Such container shall either be a wildlife-resistant or wildlife-proof
container or a container that is emptied at the end of each workday and the
contents of which are deposited into appropriate containers or enclosures secured
in a manner to prevent access by wildlife or removed to a disposal site.
8.32.040 Feeding Wildlife Prohibited
A. No person shall intentionally or unintentionally feed or provide food in
any manner for wildlife on public or private property within the Town of
Avon. Persons will be considered to be in violation of this chapter if they
leave or store any garbage, refuse or food product in a manner that would
create an attraction for wildlife.
B. No person shall leave or store any refuse, food product, pet lood, grain or
salt in a manner which would constitute a lure, attraction or enticement for
wildlife.
C. Between the dates of April 15th and November 15th, all bird seeders must
be suspended on a cable or other device so that they are inaccessible to
bears, and the area below the feeders must be kept free from the
accumulation of seed debris.
D. This Section 8.32.040 shall not apply to: 1) Any individual, company or
corporation that is duly licensed by the State of Colorado or otherwise
entitled under law to possess a wildlife species; 2) Any action that is
officially sanctioned by the State of Colorado that would require feeding,
baiting or luring of wildlife. (An example of one such action would be
scientific projects dealing with capturing and tagging wildlife;); 3) the
feeding of wild birds, unless the bird feeder begins to attract other forms
of wildlife.
8.32.050 Penalty Assessment
Violation of any provision of this chapter by any person, firm or
corporation, whether as owner or occupant, shall be handled in the
following manner:
A. First Violation: The first violation of the Chapter will result in a Notice
of Violation to an alleged offender. The alleged offender will be warned
and informed of the proper precautions necessary to prevent the feeding
of wildlife and the necessary actions to meet the provisions of this
Chapter, which may include but are not limited to: removal of wildlife
attractants, time limits for the placement of curbside refuse containers
and use of bear resistant containers. Said notice shall include a
reasonable time schedule for compliance. An alleged offended who
timely complies with the first Notice of Violation will not be subject to
the penalty provisions of this Chapter.
B. Second Violation: The second violation of this Chapter will result in
another Notice of Violation, as well as a Summons and Complaint. Two
Notices of Violation within a twelve (12) month period will subject the
violator to the penalty provisions of this Chapter. Failure to comply
with the first Notice of Violation within the designated time frame may
be deemed a second violation. The second Notice of Violation shall
include a compliance schedule when applicable.
C. Subsequent Violation(s): Offenders who have violated this Chapter more
than two times within a twelve (12) month period or continue to fail in
achieving timely compliance with a previous notice will be subject to a
graduated fine schedule as set forth herein.
8.32.060 Penalties
A. The graduated fine schedule for the penalty assessment procedure is as
follows:
Warning for the first violation
$100 to $250 fine for the second violation within the twelve (12)
months of the first violation, or failure to comply
with the designated compliance schedule associated
with the first violation.
$250 to $1000 fine for each successive violation within twelve (12)
months of the previous violation, or failure to
comply with the designated compliance schedule
associated with the second or subsequent violation.
B. In addition to the criminal enforcement set forth above, The Town of
Avon may seek an injunction or other appropriate civil relief to enforce
the provisions of this Chapter.
8.32.070 Violator's Responsibilities
In addition to the penalties outlined herein, upon order of the police: department,
violators will be required to perform all necessary actions to remove or abate
attractions of wildlife. This may include, but shall not be limited to: the removal
of bird feeders or pet food, cleaning or appropriate storage of barbeque grills,
and/or the required use of wildlife resistant containers and/or wildlife proof
containers.
8.32.080 Notice of Violation
A resident shall be deemed to have been issued an appropriate Notice of Violation
if it is personally served upon the resident, posted on the resident's ;premises or
placed in the U.S. Mail, postage prepaid and addressed to the resident according
to the last known address given by the resident to any Town of Avon or Eagle
County government department. If the identity of the resident is not known, the
entity responsible for payment of the garbage removal services for the subject
location will be held responsible for complying with this Chapter and for any
penalties assessed pursuant to the same.
Section 3. Penalties. It is unlawful for any person to violate any of the provisions
of this Ordinance. Every person convicted of a violation of any of the provisions of this
Ordinance shall be punished by a fine not exceeding one thousand dollars or by
imprisonment not exceeding one year or by both such fine and imprisonment.
INTRODUCED, READ, APPROVED,, AND ORDERED POSTED this 27th day
of July, 2004 and a public hearing shall be held on this Ordinance on the _ day of
August, 2004 at 5:30 p.m. in the Council Chambers of the Avon Municipal Building,
Avon, Colorado.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED POSTED
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
• MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: WILDLIFE ORDINANCE
DATE: JULY 28, 2004
With this memorandum is a revised ordinance which contains the revisions included
in the motion adopting the ordinance on first reading. I have blacklined the changes for easy
reference.
JWD:ipse
•
0
• TOWN OF AVON, COLORADO
ORDINANCE NO. 04-11
SERIES 2004
AN ORDINANCE AMENDING TITLE 8, AVON MUNICIPAL
CODE, TO ESTABLISH REGULATIONS AND STANDARDS
REGARDING THE PROTECTION OF WILDLIFE AND
PROVIDING PENALTIES FOR THE VIOLATION HEROF
BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, as
follows:
Section 1. Repeal. Section 8.24.080 of Chapter 8.24 and Chapter 8.32, Title 8,
Avon Municipal Code, are repealed..
Section 2. Amendment. Title 8, Avon Municipal Code, is amended by the
addition of a new Chapter 8.32 to provide as follows:
8.32.010 Purpose
The purpose of this Chapter 8.32 is to protect and maintain wildlife in the Town
of Avon and surrounding areas and to minimize the risk of dangerolls interaction
between humans and wildlife.
8.32.020 Definitions
A. Wildlife Any undomesticated animal, including but not limited to elk,
deer, sheep, lynx, skunks, bears, raccoons, coyotes, beavers, porcupines,
mountain lions, bobcats and foxes.
B. Resident Any person, firm, corporation or organization within the Towm
of Avon or on Town controlled land.
C. Wildlife-Resistant Refuse Container A fully enclosed metal or plastic
container or dumpster with a metal or plastic lid. The lid must have a
latching mechanism which prevents access to the contents by wildlife.
D. Wildlife-Proof Refuse Container Any refuse container which has been
certified to be wildlife proof by the Colorado Division of Wildlife, the
U.S. Park Service or the U.S. Forest Service.
8.32.030 Residential Refuse Disposal
0
A. All residential refuse containers that receive garbage and/or refuse edible •
by wildlife must either be wildlife resistant or wildlife proof or be kept
within a'me, gar-age, shed or-ether fully enclosed and secured structure.
B. Residents with curbside pickup shall place their refuse containers at the
curb, alley, or public right-of-way at or after 6:00 a.m. of the morning of
the pickup; provided, wildlife-proof containers may be placed curbside
after 6:00 a.m. of the day before. After pickup, the containers must be re-
secured in an appropriate manner by 7:00 before the end of the same
day.
8.32.040 Special Event Refuse Disposal
Outdoor special event sites shall be kept free from the accumulation of refuse
edible by wildlife. Refuse must be collected from the grounds at the close of each
day's activities and shall be deposited into appropriate, containers or enclosures
secured in a manner to prevent access by wildlife or shall be removed to a
disposal site.
8.32.050 Construction Site Refuse Disposal
All construction sites must have a designated container that receives refuse edible
by wildlife, or such refuse shall be removed from the site by the ends of each day.
Such container shall eithe be a wil,lli fe resistant „r wildlife-proof container. er-a
co tn'.-or that ; emptiedat the en of each ` or-kd y an the co t°" s of which are-
deposited into n priate eonl iner-s o nlem.ron n red in a mgr meF to pr-event
aeeess by wildlife o.a to a disposal site.
8.32.040 Feeding Wildlife Prohibited
A. No person shall intentionally or unintentionally feed or. provide food in
any manner for wildlife on public or private property within the Town of
Avon. Persons will be considered to be in violation of this chapter if they
leave or store any garbage, refuse or food product in a manner that would
create an attraction for wildlife.
B. No person shall leave or store any refuse, food product, pet food, grain or
salt in a manner which would constitute a lure, attraction or enticement for
wildlife.
C. Between the dates of April 15t1i and November 15t1i, all bird feeders must
be suspended on a cable or other device so that they are inaccessible to
bears, and the area below the feeders must be kept free from the
accumulation of seed debris.
40
C]
D. This Section 8.32.040 shall not apply to: 1) Any individual, company or
corporation that is duly licensed by the State of Colorado or otherwise
entitled under law to possess a wildlife species; 2) Any action that is
officially sanctioned by the State of Colorado that would require feeding,
baiting or luring of wildlife. (An example of one such action would be
scientific projects dealing with capturing and tagging wildlife); 3) the
feeding of wild birds, unless the bird feeder begins to attract other forms
of wildlife.
8.32.050 Penalty Assessment
Violation of any provision of this chapter by any person, firm or
corporation, whether as owner or occupant, shall be handled in the
following manner:
0
A. First Violation: The first violation of the Chapter will result in a Notice
of Violation to an alleged offender. The alleged offender will be warned
and informed of the proper precautions necessary to prevent the feeding
of wildlife and the necessary actions to meet the provisions of this
Chapter, which may include but are not limited to: removal of wildlife
attractants, time limits for the placement of curbside refuse containers
and use of bear resistant containers. Said notice shall include a
reasonable time schedule for compliance. An alleged offended who
timely complies with the first Notice of Violation will not be subject to
the penalty provisions of this Chapter.
B. Second Violation: The second violation of this Chapter will result in
another Notice of Violation, as well as a Summons and Complaint. Two
Notices of Violation within a twelve (12) month period will subject the
violator to the penalty provisions of this Chapter. Failure to comply
with the first Notice of Violation within the designated time frame may
be deemed a second violation. The second Notice of Violation shall
include a compliance schedule when applicable.
C. Subsequent Violation(s): Offenders who have violated this Chapter more
than two times within a twelve (12) month period or continue to fail in
achieving timely compliance with a previous notice will be subject to a
graduated fine schedule as set forth herein.
8.32.060 Penalties
A. The graduated fine schedule for the penalty assessment procedure is as
follows:
0 Warning for the first violation
$100 to $250 fine for the second violation within the twelve (12) •
months of the first violation, or failure to comply
with the designated compliance schedule associated
with the first violation.
$250 to $1000 fine for each successive violation within twelve (12)
months of the previous violation, or failure to
comply with the designated compliance schedule
associated with the second or subsequent violation.
B. In addition to the criminal enforcement set forth above, The Town of
Avon may seek an injunction or other appropriate civil relief to enforce
the provisions of this Chapter.
8.32.070 Violator's Responsibilities
In addition to the penalties outlined herein, upon order of the police department,
violators will be required to perform all necessary actions to remove or abate
attractions of wildlife. This may include, but shall not be limited to: the removal
of bird feeders or pet food, cleaning or appropriate storage of barbeque grills,
and/or the required use of wildlife resistant containers and/or wildlife proof
containers.
8.32.080 Notice of Violation
A resident shall be deemed to have been issued an appropriate Notice of Violation
if it is personally served upon the resident, posted on the resident's premises or
placed in the U.S. Mail, postage prepaid and addressed to the resident according
to the last known address given by the resident to any Town of Avon. or Eagle
County government department. If the identity of the resident is not known, the
entity responsible for payment of the garbage removal services for the subject
location will be held responsible for complying with this Chapter and for any
penalties assessed pursuant to the same.
Section 3. Penalties. It is unlawful for any person to violate any of the provisions
of this Ordinance. Every person convicted of a violation of any of the provisions of this
Ordinance shall be punished by a fine not exceeding one thousand dollars or by
imprisonment not exceeding one year or by both such fine and imprisonment.
INTRODUCED, READ, APPROVED, AND ORDERED POSTED this 27th day
of July, 2004 and a public hearing shall be held on this Ordinance on the day of
August, 2004 at 5:30 p.m. in the Council Chambers of the Avon Municipal Building,
Avon, Colorado.
U
•
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED POSTED
Albert D. Reynolds, Mayor
•
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
0