Loading...
TC Ord. No. 24-13 Amending Avon Municipal Code Section 9.40.050(7) Regarding Dogs on Town PropertyA Avon C0L0RADO ORDINANCE NO.24-13 AMENDING AVON MUNICIPAL CODE SECTION 9.40.050(7) REGARDING DOGS ON TOWN PROPERTY WHEREAS, the Town of Avon has enjoyed significant growth in special events in the Town of Avon; WHEREAS, many dog owners desires to bring their dogs to special events; WHEREAS, Avon Municipal Code Section 9.40.050(7) states in part that, "Dog owners shall not allow dogs ... into special events." WHEREAS, the Town Council finds that adopting flexible language that authorizes the Town Manager to determine the appropriateness of allowing dogs at special events on a case by case basis will promote the health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence 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, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, 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. Section 9.40.050(7) is amended to read as follows, with strike -out indicating words to be deleted and bold, underline indicating words to be added: 9.40.050(7) Dogs. Dog owners shall comply with all animal control ordinances listed in Chapter 6.04 of this Code and shall pick up their dogs' excrement or waste. Dog ewner-s shall not allew dogs inte these areas posted as pr-ehibited areas fer- dogs E)f inte speeial events. Prohibited areas may be designated by4-he Town.. The Town Manager is authorized to adopt rules, regulations, prohibitions and designation of appropriate times and locations for dogs on Town properties and dogs at special events. Non-compliance with any posted rule, regulation, or prohibition shall be a violation of this Chanter 9.40. Ord 24-13 Amending AMC 9.04.050(7) Aug. 27, 2024 — First Reading Page 1 of 3 Section 3. 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 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. 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 6. Codification of 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 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 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord 24-13 Amending AMC 9.04.050(7) Aug. 27, 2024 — First Reading Page 2 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on August 27, 2024 and setting such public hearing for September 10, 2024 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. ATTEST: Miguel J Casanueva, :SEAL Jerk ���LORAp� ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on September 10, 2024. APPROVED AS TO FORM: Nina Williams, Town Attorney Ord 24-13 Amending AMC 9.04.050(7) Aug. 27, 2024 — First Reading Page 3 of 3