TC Ord. No. 25-02 Repealing and Reenacting Avon Municipal Code Section 9.20.060 Regarding Camping RestrictionsA
Avon
C O L O R A 0 0
ORDINANCE 25-02
REPEALING AND REENACTING SECTION 9.20.060 AND SECTION 9.20.070 OF THE
AVON MUNICIPAL CODE REGARDING CAMPING RESTRICTIONS
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 ("Town"), the Avon Town Council ("Council") has the power to make and
publish ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, there has been an increase in people experiencing homelessness in this county and in
many cases, such people experience homelessness due to no fault of their own; and
WHEREAS, as with many communities in the state, the Town is faced with the question of what
is the best way to address homelessness, balancing the needs of the community with the needs of
those experiencing homelessness; and
WHEREAS, the Town continues to be interested in assisting with whatever resources are
available to support initiatives and find resources to address homelessness locally and within the
county; and
WHEREAS, since 1979 the Town has had camping ban ordinances to address concerns that
accompany camping on public property; and
WHEREAS, as times have changed, it has become apparent that the current camping bans are
unenforceable and do not properly address the safety needs in the Town and people in the
community; and
WHEREAS, it is in the best interest of the Town and those who reside in or are visiting the Town
to have clear laws to allow everyone to understand what activities are not allowed; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that Council
desires to repeal and reenact Sections 9.20.060 and 9.20.070 of the Avon Municipal Code 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 Council, or any member of 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 Council.
Ord 25-02 - Repealing and Reenacting Section 9.20.060 and 9.20.070
Section 2. Amending Sections 9.20.060 and 9.20.070 of the Avon Municipal Code.
Section 9.20.060, "Camping on public ways" and Section 9.20.070, "Camping restricted" of the
Avon Municipal Code are hereby repealed and reenacted to read as set forth in Exhibit A:
Repeal and Reenactment of Section 9.20.060 and Section 9.20.070 of the Avon Municipal
Code, attached hereto.
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. 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. 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. Council further
determines that the Ordinance bears a rational relation to the proper legislative object sought to be
obtained.
Section 6. 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 7. 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.
Ord 25-02 - Repealing and Reenacting Section 9.20.060 and 9.20.070
Section 8. 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 by the Avon Town Council on January 28, 2025 and setting such public hearing for
February 11, 2025 at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado.
BY:
amra N. U derwood, Mayor
ATTEST:
Miguel JauregOcasanueva, T
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ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on February
11, 2025.
BY:
Tamra N. Underwood, Mayor
APPROVED AS TO FORM:
Nina Williams, Town Attorney
ATTEST:
Miguel Jaurv�4i Casanueva, T
Ord 25-02 - Repealing and Reenacting Section 9.20.060 and 9.20.070
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Cllerk
EXHIBIT A
REPEAL AND REENACTMENT OF SECTIONS 9.20.060 AND 9.20.070 OF THE AVON
MUNICIPAL CODE
9.20.060. — Camping on public property.
(a) It is unlawful for any person to camp within any park, parkway, recreation area, open
space or other Town property, including any public right-of-way or upon any structure
within the same without first obtaining permission of the Town Manager or Chief of
Police.
(b) For purposes of this section, camp, means to reside or dwell temporarily in a place, with
shelter. The term shelter includes, but is not limited to, a tent, tarpaulin, lean-to, sleeping
bag, bedroll, blankets, vehicle, or any other form of protection from the elements other
than clothing. The term reside or dwell includes but is not limited to activities of daily
living, such as eating, sleeping or storing personal property. But the term does not include
picnicking. The term public right-of-way means any public sidewalk, street, railway,
alley, parking space, curb, or other publicly owned property intended for pedestrian or
vehicular travel.
9.20.070. — Camping on private property.
(a) It is unlawful for any person to camp upon private property without the consent of the
property owner or authorized agent. Even with the consent of the property owner or
authorized agent, it shall be unlawful for any person to camp upon private property for a
period of longer than two (2) nights within a one (1) month period.
(b) For purposes of this section, camp, means to reside or dwell temporarily in a place, with
shelter. The term shelter includes, but is not limited to, a tent, tarpaulin, lean-to, sleeping
bag, bedroll, blankets, vehicle, or any other form of protection from the elements other
than clothing. The term reside or dwell includes but is not limited to activities of daily
living, such as eating, sleeping or storing personal property. But the term does not include
picnicking.
Ord 25-02 - Repealing and Reenacting Section 9.20.060 and 9.20.070