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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 Section 8.24.080 of Chapter 8.24 and Chapter 8.32, Title 8, Avon Municipal Code, are repealed.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