TC Ord. No. 2017-04 Amending Avon Municipal Code Sections 3.08.010; 3.08.040. 3.28.020; 5.04.010; and 9.16.050Avo n
c oi.. or nD0
TOWN OF AVON, COLORADO
ORDINANCE 17-04
AMENDING AVON MUNICIPAL CODE SECTIONS 3.08.010; 3.08.040;
3.28.020; 5.04.010; AND 9.16.050
WHEREAS, the Colorado legislature has encouraged the establishment and adoption of
uniform definitions for sales tax regulations and has asked the Colorado Municipal League to
facilitate and lead a statewide effort to develop such uniform definitions; and
WHEREAS, the Colorado Municipal League has proposed uniform definitions for sales tax
regulations; and
WHEREAS, the Town of Avon finds that the amend to the applicability of business licenses
will improve the efficiency of the Town's administration and enforcement of business licensing;
and
WHEREAS, the Town of Avon finds that updating its loitering regulations is necessary to
reflect current laws; and
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon (the "Town"), the Town Council has the power to adopt ordinances
for promotion and preservation of public health, safety, and welfare; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that
the Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application and that approval of this Ordinance on First Reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this Ordinance.
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Avon Municipal Code Section 3.08.010. Avon Municipal Code
Section 3.08.010 is hereby amended, with strike otit indicating words which are deleted and
underline indicating words which are added, to read as set forth in Exhibit A: Amendments to
Avon Municipal Code Section 3.08.010 Words and phrases defined, attached hereto.
Ord 17-03 Amending Avon Municipal Code Sections 3.08.010, 5.04.010 and 9.16.050
FINAL — March 28, 2017
Page 1 of 4
Section 3. Amendment to Avon Municipal Code Section 3.08.040. Avon Municipal Code
Sections 3.08.040 is hereby amended to amend sub -sections (4) and (8) and to add a new sub-
section (9) to read as follows:
(4) Medical supplies, prosthetic devices for humans, and therapeutic devices;
(8) Commercial packaging materials;
(9) Newspapers, as defined by Section 24-70-102, C.R.S., 1973.
Section 4. Amendment to Avon Municipal Code Section 3.28.020. Avon Municipal Code
section 3.28.020 is hereby amended to repeal and re-enact the definition of Hotel room,
condominium unit, or other accommodation to read as follows.
Hotel room, condominium unit, or other accommodation means providing
"Lodging services" as defined in 3.08.010.
Section 5. Amendment to Avon Municipal Code Section 5.04.010. Avon Municipal Code
Section 5.04.010 is hereby amended by repealing and re-enacting in its entirety to read as
follows:
5.04.010. - Applicability.
Any person, as defined in AMC Section 1.04.010 definitions, shall first have applied for and
received a business license issued by the finance director if such person,
(a) is engaged in business in the Town, as defined in AMC Section 3.08.010. Engaged in
business in Town, sub -sections a., c., d., or e.;
(b) advertises for "lodging services", as defined in AMC Sections 3.08.010 Lodging services,
of a property in the Town of Avon; or
(c) is a "Contractor", as defined in AMC Sections 3.08.010 Contractor.
The Town Manager may agree to exempt individual vendors for special events in the terms
of a special event agreement if the event producer or other party agrees to obtain a business
license and oversee such individual vendors.
Section 6. Amendment to Avon Municipal Code Section 9.16.050. Avon Municipal Code
Section 9.16.050 Loitering, sub -section (b)(1) is hereby amended to read as follows:
"[RESERVED]"
Section 7. Codification Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
Ord 17-03 Amending Avon Municipal Code Sections 3.08.010, 5.04.010 and 9.16.050
FINAL —March 28, 2017
Page 2 of 4
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 8. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 10. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 11. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 12. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on March 14, 2017 and setting such public hearing for March 28, 2017 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
Ord 17-03 Amending Avon Municipal Code Sections 3.08.010, 5.04.010 and 9.16.050
FINAL — March 28, 2017
Page 3 of 4
BY• (0%6a
iwe*e Fancher, Mayor
ATTEST:
L).r� 90"L
Debbie Hoppe, Town U1Jrk
ADOPTED ON SECOND AND FINAL READING on March 28, 2017.
BY:
lelf'e-Fancher, Mayor
APPROVED AS TO FORM:
4
Eric J. Heil,,Tow Attorney
ATTEST:
Debbie Hoppe, Town Clerk
Ord 17-03 Amending Avon Municipal Code Sections 3.08.010, 5.04.010 and 9.16.050
FINAL —March 28, 2017
Page 4 of 4