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TC Ord. 18-02 Approving changes to the outdoor lighting standardsIRI �1� �/►(�71I:\�L�7�1 ORDINANCE 18-02 APPROVING CHANGES TO THE OUTDOOR LIGHTING STANDARDS RECITALS WHEREAS, the Town of Avon ("Town") is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, pursuant to the home rule powers of the Town of Avon ("Town"), the Town Council has the power to adopt lighting regulations, and 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, the Town Council finds that the modification of the Outdoor Lighting Standards will promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended o� to confirm that the Town Council desires to comply 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, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 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 Chapter 15. 30.040(3)(a) Outdoor Lighting Standards. Section 15.30.040(3)(a) of the Avon Municipal Code is amended to read as follows, with strike eut indicating language to be deleted and underline indicating language to be adopted: a. For the Town Core, holiday lighting from November 15th to Mar-ehthe closing date of Beaver Creek Ski Resort's winter ski season. For all other areas, holiday lighting from November 15°i to March 1. No holiday lights shall be illuminated between the hours of midnight and 6:00 am. Section 3. 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 4. 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 5. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. 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 7. 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 February 27, 2018 and setting such public hearing for March 13, 2018 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. B ATTEST: e Fancher, Mayor Debbie Hoppe, Tow Jerk ADOPTED ON SECOND AND FINAL READING on March 13, 2018. Wnh e Fancher, Mayor ATTEST: Debbie Hoppe, Town i• :SEAL*: OF q :SEAL:*