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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