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TC Ord. No. 2008-05 Amending chapter 9.04 of the muni code of the TOA relating to hindering public transportationTOWN OF AVON, COLORADO ORDINANCE NO. 08-05 SERIES OF 2008 AN ORDINANCE AMENDING CHAPTER 9.04 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO HINDERING PUBLIC TRANSPORTATION BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Chapter 9.04, Title 9 of the Municipal Code of the Town of Avon is amended by the addition of a Section 9.04.150, Hindering Public Transportation, to read as follows: A person commits the offense of hindering transportation if he or she intentionally or recklessly and without lawful authority stops, hinders or in any way interferes with the operation of any vehicle used in providing transportation services of any kind to the public. Every person convicted of a violation of any of the provisions of this Section 9.04.150 shall be punished by a fine not exceeding two 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 25th day of March, 2008, and a public hearing on this ordinance shall be held at the regular meeting of the Town Counc' n the (6-da of March, 2008, at 5:30 P.M. in the Council Chambers, Avon Mu ' ipal uilding, 400B nchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATT T: a,ci,J ~c Pa M Kenn o n Clerk ODUCED, FINALLY APP READING AND ORDERED POSTED the n/ ~/C Clerk APPROVEDAS-TO FORM: A-1 Jo W. Dunn, Town Attorney D, PASSED QAI,SECOND y March, 2008. " Wolfe, Mayor • Memo VON C O L O R A D O To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Brian Kozak, Chief of Police Date March 19, 2008 Re: Amendment to Municipal Code, Hindering Public Transportation (2nd Reading) Introduction: This ordinance will allow persons who recklessly or intentionally hinder the operation of public transportation to be charged with a misdemeanor under the municipal code. Background: Recently, bus drivers have been victimized by disorderly passengers. This law will allow those people who force the bus driver to stop or hinder their operation to be charged with a • crime if their actions are reckless or intentional in nature. Discussion: Colorado Revised Statute 18-9-115 designates the crime of endangering public transportation a felony when there is an intentional assault or use of weapon on the bus. The municipal code will be enforced for more minor situations where disorderly passengers hinder the operation of the bus. Recommendation: Staff recommends adoption of the ordinance as written. There were no recommended changes to the first reading. Recommended Motion: I move to adopt Ordinance 08-05, an ordinance enacting section 9.04.150 of the Avon Municipal Code, as written. Town Manager Comments: Attachments: Exhibit A: Proposed ordinance 08-05 regarding Avon Municipal Code section 9.04.150. 0 TOWN OF AVON, COLORADO ORDINANCE NO. 08-05 SERIES OF 2008 AN ORDINANCE AMENDING CHAPTER 9.04 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO HINDERING PUBLIC TRANSPORTATION BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Chapter 9.04, Title 9 of the Municipal Code of the Town of Avon is amended by the addition of a Section 9.04.150, Hindering Public Transportation, to read as follows: A person commits the offense of hindering transportation if he or she intentionally or recklessly and without lawful authority stops, hinders or in any way interferes with the operation of any vehicle used in providing transportation services of any kind to the public. Every person convicted of a violation of any of the provisions of this Section 9.04.150 shall be punished by a fine not exceeding two thousand dollars or by imprisonment not exceeding one year or by both such fine and imprisonment. 0 INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 25th day of March, 2008, and.a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the day of March, 2008, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of March, 2008. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney U