TC Ord. No. 25-03 Amending Avon Municipal Code Section 9.28 Pertaining to Firearms on Town PropertyA
Avon
COLORADO
ORDINANCE 25-03
AMENDING CHAPTER 9.28, "WEAPONS" OF TITLE 9 "PUBLIC PEACE, MORALS
AND WELFARE" OF THE AVON MUNICIPAL CODE PERTAINING TO FIREARMS
ON TOWN PROPERTY
WHEREAS, the Town of Avon, Colorado ("Town") has been duly organized and validly exists as
a Home Rule Town under Article XX, Section 6 of the Colorado Constitution and the Town
Charter; and
WHEREAS, in the most recent legislative session, the Colorado General Assembly enacted, and
Governor Polis has signed, Senate Bill 24-131 ("SB24-131"), which prohibits carrying a firearm in
"sensitive spaces" recognized by the United States Supreme Court in the N. Y. State Rifle & Pistol
Assn v. Bruen case, 597 U.S. 1 (2022), which bill takes effect on July 1, 2024; and
WHEREAS, the sensitive spaces addressed in SB24-131, where the open and concealed carrying
of a firearm will be prohibited as of July 1, 2024, include certain state and local government
buildings and property; courthouses or buildings used for court proceedings; schools, colleges,
universities, seminaries, and licensed childcare centers; and polling places, ballot drop boxes, and
other places where ballot counting and related election activities are taking place; and
WHEREAS, SB24-131 includes an "opt -out" provision authorizing a local government to enact an
ordinance, regulation, or other law that permits a person to carry a firearm at certain local
government spaces specified in the bill; and
WHEREAS, the Avon Town Council ("Council") recognizes and affirms that the Second
Amendment to the United States Constitution protects the right of persons to keep and bear arms,
and the Supreme Court of the United States has held that states and local governments may,
consistent with the Second Amendment, regulate the carrying firearms in sensitive places; and
WHEREAS, Council finds and determines that permitting Town officials and Town employees
who hold a valid concealed carry permit issued pursuant to Colorado law, to carry a concealed
handgun at Town Hall and on Town Hall property is necessary for the immediate preservation of
the public peace, health, and safety as follows:
(a) Self -Defense: Allowing Town officials and employees with a valid concealed carry
permit to carry a concealed handgun at Town Hall is essential to self-defense,
enabling Town officials and employees to protect themselves in case of an
immediate danger to life and safety;
(b) Deterrence: Allowing Town officials and employees with a valid concealed carry
permit to carry a concealed handgun at Town Hall may act as a deterrent against
potential attackers and individuals with malicious intent and could dissuade
individuals from attempting violent acts against citizens and officials at Town Hall;
(c) Permit Holder Training: Town officials and employees who hold a valid permit to
Ord 25-03 —Amending Chapter 9.28, of Title 9
carry a concealed handgun under part 2 of article 12 of Title 18, C.R.S., have
undergone stringent background checks and have completed required training on the
responsible, defensive carrying of a handgun;
(d) Equality and Uniformity: Town employees and officials should have the same right
to protect themselves at their place of employment and governance as they have in
their homes and as other citizens may have in private places of employment;
(e) Emergency Preparedness in Rural and Remote Areas: The Town Hall is located in a
rural area where substantial law enforcement resources and presence is limited, and
allowing Town officials and employees who hold a valid concealed carry permit to
carry a concealed handgun at Town Hall can provide an additional layer of security
and emergency preparedness for employees, officials, and visitors, particularly
where emergency response times may be prolonged in comparison to urban settings;
and
WHEREAS, in light of SB24-131, Council finds and determines that the continuing ability for
Town officials and employees who hold a valid concealed carry permit to carry a concealed
handgun at Town Hall, with certain exceptions is necessary for the immediate preservation of
public health, welfare, peace, and safety; and
WHEREAS, in furtherance of the above -recited compelling interests, the Town Council desires to
enact this ordinance, as authorized by SB24-131, to ensure that Town officials and employees with
a valid concealed carry permit may continue, without interruption, to lawfully carry a concealed
handgun at Town Hall; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town
Council desires to add Section 9.28.020 — Firearms in Town Hall 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 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 Council.
Section 2. Adding Section 9.28.020 of the Avon Municipal Code. Section 9.28.020,
"Firearms in Town Hall" of the Avon Municipal Code is hereby added to read as set forth in
Exhibit A: Amending Chapter 9.28, "Weapons" of Title 9, "Public Peace, Morals and
Welfare" of the Avon Municipal Code Pertaining to Firearms on Town Property, 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
Ord 25-03 — Amending Chapter 9.28, of Title 9
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. 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 objective 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 25-03 — Amending Chapter 9.28, of Title 9
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:
mra N. Underwood, Mayor
ATTEST: o�1N OFg1,�2
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ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on February
11, 2025.
BY:
i yAnj
a ra N. Underwood, Mayor
APPROVED AS TO FORM:
Nina Williams, Town Attorne
Ord 25-03 — Amending Chapter 9.28, of Title 9
ATTEST:
Jauregui
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EXHIBIT A
AMENDING CHAPTER 9.28, "WEAPONS" OF TITLE 9 "PUBLIC PEACE, MORALS
AND WELFARE" OF THE AVON MUNICIPAL CODE PERTAINING TO FIREARMS
ON TOWN PROPERTY
9.28.020. — Firearms in Town Buildings Prohibited.
(a) It is_unlawf it for any person to carry a concealed weapon or possess weapons within all
Town buildings, including but not limited to the Avon Town Hall, Avon Recreation
Center, Parks Garage, Metcalf Cabin, Avon Pavilion, Avon Police Station, Avon
Regional Transit Facility, Avon Fleet Building and Avon Public Works Garage. A person
commits the crime of unlawfully carrying a concealed weapon or possessing a weapon
within any Town building, when a person knowingly:
(1) Without legal authority, carries, brings, or has in such person's possession, a firearm,
whether loaded or not loaded, or any explosive, incendiary, or other dangerous
device, in any of the following locations, including their adjacent parking areas: (i)
on the property of or within any building in which the chambers or offices of the
Town Council are located, or (ii) in which the Town Council hearing or meeting is
being or is to be conducted, or (iii) in which the official office of any Town Council
member, officer, or employee of the Town is located; or
(2) Carries, brings, or has in such person's possession, a firearm, whether loaded or not
loaded, in a building or portion of a building, including adjacent parking areas, used
for municipal court proceedings (i) while municipal court is in session, or (ii) while
any law enforcement personnel, defense counsel personnel, or municipal court
personnel are engaged in any activities in connection with a municipal court
proceeding whether or not the court is in session.
(b) This section shall not apply to Town Council members, town staff with the approval of
the Town Manager, or any peace officer while on or off duty who is carrying valid agency
credentials.
Ord 25-03 — Amending Chapter 9.28, of Title 9