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TC Ord. No. 2006-15 Amending chapter 8.32 title 8 Avon Muni code realting to the protection of wildlifeand providing penalties for the violation hereofTOWN OF AVON, COLORADO ORDINANCE NO. 06-15 SERIES 2006 AN ORDINANCE AMENDING CHAPTER 8.32,TITLE 8, AVON MUNICIPAL CODE, RELATING TO 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 Section 8.32.070, Chapter 8.32, Title 8, Avon Municipal Code, is repealed Section 2. Amendment. The graduated fine schedule contained in Paragraph (a) of Section 8.32.080, Chapter 8.32, Title 8, Avon Municipal Code, is amended to provide as follows: Penal $100 to $250 fine $250 to $1,000 fine Violation First violation. Each successive violation within twelve (12) months of the previous violation. 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 AND ORDERED POSTED this 8th day of August, 2006 and a public hearing shall be held on this Ordinance on the 22nd day of August, 2006 at 5:30 p.m. in the Council Chambers of the Municipal Building, Avon, Colorado. =fi ; 4°~o~''^ Ronald C. Wolfe, Mayor ATT ILE (f P Patty c nny, ` 7 REA AND APPROVED ON SECOND READING AND ORDERED POSTED the 2:2 ,may of vA , Ronald C. Wolfe, Mayor ATTEST: 1 ` Patt c envy, Town Cl k APPROVED AS TO FORM: ~ V Jo W. Dunn, Town Attorney MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: . AMENDMENT TO WILDLIFE ORDINANCE DATE: August 22, 2006 It is the recommendation of staff that the ordinance on your agenda, amending the wildlife ordinance, be adopted.on final reading. The amendment would eliminate the warning procedure in the present ordinance and eliminate a warning citation in connection with the first violation. At time of first reading Council reduced the minimum fine for first violation to $1.00. It is also the recommendation of staff that the new Paragraph 3 be included in the ordinance on second reading. The amendment contained in that paragraph changes "person" to "resident." "Resident" is a defined term ("any person, firm, corporation or organization within the Town or on Town-controlled land") whereas "person" is not defined. The change will clarify and broaden the effect of the ordinance. Before the Avon Bear Summit on August 15, there had been some discussion of making other changes to the amendment which would address problems arising from multiplex and commercial dumpsters. However, it is now the view of staff that dumpsters should first be addressed on the county level. The county does have licensing power over trash haulers although it is unclear whether it is exetcising'that power at the present time. The county is considering the adoption of a wildlife ordinance modeled on Avon's ordinance. Staff will also press the county to address some issues as part of their regulatory power. --Jwd:ipse - - ORDINANCE NO. 06-15 SERIES 2006 1 , AVON ORDINANCE AMENDING CHAPTER 8.32,T/TE NICIPAL CODE, RELATING TO THE PROTN OF .DLIFE AND PROVIDING PENALTIES FORâ–ºLATION H EROF _BE I~ ORDAINED by the Town Council of the Tq~vn of Avon, Colorado, as follows: \ - Section 8.32.070, Chapte/8.32, Title 8, Avon Municipal. Code, is repeal Section 2. mendment. The graduate me schedule contained in Paragraph (a) of Section 8.32.080, Chapter 8.32, Title 8, A n Municipal Code, is amended to provide as follows: Penal Violation $1 to $250 fine First violation. $250 to $1,000 fine Each successive violation within X twelve (12) months of the previous violation. Section 3. Amend ent. Par raphs (a) and (b), Section 8.32.060, Chapter 8.32, Title 8, Avon Municipal ode, are am ded to provide as follows: (a) No res' ent shall intentiona or unintentionally feed or provide food in any manner for wild fe on public or private operty within the Town. Residents will be considered to be i iolation of this Chapter if ey leave or store any garbage, refuse or food product in a anner that would create an att ction for wildlife. (b) o resident shall leave or store any re e, food product, pet food, grain.or salt in a ma er which would constitute a lure, attractio or enticement for wildlife. S ction 4. Penalties. It is unlawful for any person to iolate any of the provisions of this rdinance. Every person convicted of a violation of an of the provisions of this Ordi nce shall be punished by a fine not exceeding one thousan dollars or by im isonmeni not exceeding one year or by both such fine and imp 'sonment. INTRODUCED, READ AND ORDERED POSTED this 8th da of August, 2006 and a public hearing shall be held on this Ordinance on the 22nd day of ugust, 2006 at 5:30 p.m. in the Council Chambers of the Avon Municipal Building, Avon, Colorado.