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TC Ord. No. 2005-07 Amending title 8 Avon muni code relating to regulations and standards regarding the protection of wildlife and providing penalties for the violation hereofTOWN OF AVON, COLORADO ORDINANCE NO. 05-07 SERIES OF 2005 AN ORDINANCE AMENDING TITLE 8, AVON MUNICIPAL CODE, RELATING TO REGULATIONS AND STANDARDS REGARDING THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR THE VIOLATION HEROF COLORADO: BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, Section .1. Amendment. Subsection B of Section 8.32.030, Chapter 8.32 of Title 8, Avon Municipal Code, is amended to provide as follows: 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, if wildlife resistant or wildlife-proof containers are used, they 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. Section 2. Amendment. Subsection A, Section 8.32.050, Chapter 8.32 of Title 8, Avon Municipal Code, is amended to provide as follows: 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 upgrading containers to be wildlife resistant or wildlife proof. 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. 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, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 10th day of May, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 24th day of May, 2005, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ordinance No. 05-07 Wildlife Revisions Page I of 2 ®FTo of on, Colorado S E, o Ronald C. Wolfe, Mayor i L ATTEST: Q 3 f\~' Patty c envy, Town erk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 24th day of May, 20 ¢r~ / ) 1 Ronald C. Wolfe, Mayor eI E A ~ 8 ATTEST: ~PIL'RN P, a„ tl, n' Patty c enny, Town C APPROVED AS TO FORM: 4ZV, //A - Jo W. unn, Town Attorney Ordinance No. 05-07 Wildlife Revisions Page 2 of 2 MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: TRASH CONTAINER REQUIREMENTS DATE: May 12, 2005 Ordinance 05-07, adopted on first reading at your last meeting, adopts amendments to Section 8.32.030(B) and Section 8.32.050(A), AMC, 1) causing the requirements for trash containers curbside to be consistent with the requirements for trash containers that are not curbside and 2) providing for upgrading of trash containers in connection with violations prosecuted in municipal court. The ordinance before you for final reading incorporates the following indicated change requested at first reading: 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, if wildlife resistant or wildlife-proof containers are used, they 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. Jwd: ipse r f MEMORANDUM TO: . TOWN COUNCIL FROM: TOWN ATTORNEY RE: TRASH CONTAINER REQUIREMENTS DATE: May 2, 2005 At your last meeting you requested amendments to Section 8.32.030(B) and Section 8.32.050(A); AMC, 1) causing the requirements for trash containers curbside to be consistent with the requirements for trash containers that are not curbside and 2) providing for upgrading of trash containers in connection with violations prosecuted in municipal court. The ordinance on your agenda makes the following changes: 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 resistant or 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. and: 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 bea resistant eentainer-s upgrading containers to be wildlife resistant or wildlife proof. 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. Jwd:ipse