TC Ord. No. 1994-21 Failed on Second ReadingTOWN OF AVON
ORDINANCE NO. 94-21
AN ORDINANCE AMENDING TITLE 8, CHAPTER 8.24
OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS
IT RELATES TO PUBLIC NUISANCES AND PROVIDING
PENALTIES FOR THE VIOLATION HEREOF.
WHEREAS, the primary intended use of the streets and
sidewalks of the Town is the movement of people and property, and
the Town considers its streets and the real property interests
therein to be a valuable asset, which it intends to control by
regulation for the benefit of the public at large and not for the
benefit of any one member of the public.
WHEREAS, The Town has an obligation to the general
public to ensure reasonably unobstructed passage over the public
ways in a clean, safe and orderly manner.
WHEREAS, the public health, safety and welfare require
the adoption of regulations with respect thereto as well as the
adoption of the other regulations hereinafter contained.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO, as follows:
1. Amendment. Chapter 8.24 of Title 8, Municipal Code
of the Town of Avon is amended by the addition of the following
sections:
8.24.111 Recreational Vehicles. A. No person shall keep
within the Town of Avon for more than 72 continuous hours any tow
trailer, any camper, snowmobile, snowcat or other similar type of
snow vehicle, any unlicensed motorcycle, ATV or other similar
type of unlicensed motorized vehicle, any boat or similar type
recreational vehicle except in a fully enclosed building, except
that recreational vehicles and tow trailers may be kept in fully
enclosed outside storage areas if the same are permitted in the
applicable zone district.
B. For purpose hereof, "fully enclosed outside storage
area" means an area screened from public view through the use of
landscape material, wood fencing or other similar methods, and
"fully enclosed building" shall have the meaning contained in
section 8.24.116(B) hereof.
8.24.112 Temporary Structures. No person shall maintain
within the Town of Avon any temporary structure, excavation,
basement, trailer or tent, except as may be determined to be
necessary during construction and specifically authorized by the
Town in writing. Maintaining a camping tent used occasionally on
a lot by children for play or for special community recreation
shall not be a violation hereof.
8.24.113 Livestock and Pets. A. No person shall keep
within the Town of Avon livestock or animals, except dogs, cats
or other household pets for personal enjoyment and not for
commercial purposes, except as permitted by Title 17 hereof. The
keeping of such dogs, cats or other household pets shall be
strictly governed by the applicable rules and regulations adopted
by the Town.
B. No person shall maintain within the Town of Avon any dog
or other pet run or kennel facility or any related commercial
facility, except as permitted by Title 17 hereof.
8.24.114 Recreation Off-Road Vehicles. No person shall
operate within the Town of Avon any snowmobile, snowcat or other
similar type of snow vehicle, any unlicensed motorcycle, ATV or
similar motorized vehicle or any aircraft except for emergency or
authorized maintenance purposes.
8.24.115 Newsracks. A. No person shall place or maintain
a newsrack on public sidewalks or other property owned by the
Town without prior written permission from the Town.
B. No person shall place or maintain a newsrack on private
property except in accordance with the following regulations:
1. Newsracks shall be anchored to the ground at their
site.
2. Newsracks may not be anchored to trees, posts or
poles with chains, rope, cable or otherwise.
3. No newsrack shall be located adjacent to any
mailbox, post, pole, water feature, art or monument, or adjacent
to or within any raised planter.
C. Any newsrack placed or maintained on public sidewalks or
other property owned by the Town, without said prior written
permission, shall be impounded by the Town without prior notice
or hearing. The Town shall take reasonable efforts to determine
the owner of the newsrack and shall notify the owner of
impoundment. The owner of any impounded newsrack shall be
responsible for the expense of removal and storage of such
newsrack. If the owner fails to reclaim the impounded newsrack
and pay the expenses of removal and storage within thirty days
from notice of impoundment, the newsrack may be deemed unclaimed
property and may be disposed of as the Town shall determine.
D. For purpose hereof, "newsrack" shall mean any weather
proof, outdoor, self-service or coin-operated container, rack or
structure used or maintained for the distribution of newspapers,
news periodicals or other printed material.
8.24.116 Outdoor Display of Merchandise. A. No person
shall display or store, or permit the storage or display of,
merchandise within the Town of Avon except within a fully
enclosed building, except for the following: seasonal plants;
merchandise coinciding with special events; newspaper racks;
sculptures and statues; and residential garage sales.
B. For purpose hereof, the following terms shall have the
following meanings:
1. "Fully Enclosed Building" shall mean that portion
of a structure contained fully within the exterior walls of a
building, not to include decks, overhangs, or carports.
2. "Merchandise" shall mean any goods or wares held
for rental, lease, sale, display or conveyance in any manner.
3. "Special Event" shall mean any Town sponsored or
endorsed function, Town wide sidewalk sale coinciding on Memorial
Day Weekend and Labor Day Weekend. For the purpose of this
section, "special event" does not mean a sale within a store.
2. Severability. If any part, section, sentence,
clause or phrase of this ordinance is for any reason held to be
invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance; and the Town Council for
the Town of Avon hereby declares it would have passed this
ordinance and each part, section, sub-section, sentence, clause
or phrase thereof, irrespective of the fact that any one or more
parts, sections, sub-sections, sentences, clauses or phrases be
declared invalid.
3. Penalty. It is unlawful for any person to violate
any provision of, or to fail to comply with any of the
requirements of, this Ordinance. Any person who violates any
provisions of this ordinance shall be punished by a fine of not
more than one thousand dollars or by imprisonment for a period of
not more than one hundred eighty days or by both such fine and
imprisonment; provided, no person under the age of eighteen years
shall be punished by imprisonment.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
this 25th day of October, 1994, and a public hearing shall be
held at a special meeting of the Town Council of the Town of
Avon, Colorado, on the 15th day of November, 1994, at 6:00 P.M.
in the Municipal Building of the Town of Avon, Colorado.
TOWN OF AVON, COLORADO
TOWN COUNC L
A bert J. ~byno , ayor
ATTEST :
Patty Ne aft, Town Clerk
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED POSTED
this day of , 1994.
TOWN OF AVON, COLORADO
TOWN COUNCIL
Albert J. Reynolds, Mayor
ATTEST:
Patty Neyhart, Town Clerk
APPROVED AS TO FORM
jk\ V-,,0'(AA,
Town Attorney
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO AT 7:30 P.M. ON THE 13TH
DAY OF DECEMBER, 1994, AT THE TOWN MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 94-21,
SERIES OF 1994:
AN ORDINANCE AMENDING TITLE 8, CHAPTER 8.24 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO
PUBLIC NUISANCES AND PROVIDING PENALTIES FOR THE
VIOLATION HEREOF
A copy of said ordinance is attached hereto, and is also on file
at the office of the Town Clerk, and may be inspected during
regular business hours.
Following this hearing, the Council may consider final passage of
this ordinance.
This notice is given and posted by order of the Town Council of
the Town of Avon, Colorado
Dated this 23rd day of November, 1994.
TOWN OF AVON, COLORADO
J
BY:
Patty Ne `haft
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
NOVEMBER 23, 1994;
AVON POST OFFICE IN THE MAIN LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY