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TC Ord. No. 2009-18 Repealing Resolution numbers 84-23 and 87-19 & adopting chapter 9.4 Avon Muni code concerningregulations for the use of public parks and special event areas and penalties for violationsTOWN OF AVON, COLORADO ORDINANCE NO. 09-18 SERIES OF 2009 AN ORDINANCE REPEALING RESOLUTION NUMBERS 84 -23 AND 87 -19 AND ADOPTING CHAPTER 9.4 AVON MUNICIPAL CODE CONCERNING REGULATIONS FOR THE USE OF PUBLIC PARKS AND SPECIAL EVENT AREAS AND PENALTIES FOR VIOLATIONS 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 Town 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, the Town is authorized, pursuant to C.R.S. §31- 15- 401(e), to prevent and suppress riots, routs, affrays, noises, disturbances, and disorderly assemblies in any public or private place; and WHEREAS, the Town is authorized, pursuant to C.R.S. §31- 15- 401(m)(I) to regulate and to prohibit the running at large and keeping of animals within the municipality and to otherwise provide for the regulation and control of such animals; and WHEREAS, the Town Council desires to provide an exceptional system of parks to meet the recreational needs of the community to be enjoyed by residents and visitors alike; and WHEREAS, the Town Council passed Resolution No. 84 -23 on June 26, 1984 adopting rules and regulations governing activities in and around Nottingham Park, the Avon Town Center Mall, and Municipal Complex; and WHEREAS, the Town Council passed Resolution No. 87 -19 on August 25, 1987 amending Resolution No. 84 -23 to allow wind surfing, belly boats, and kayaks on Nottingham Lake; and WHEREAS, the Town Council wishes to consolidate and codify regulations concerning the proper use of parks and special event areas in the Avon Municipal Code for ease of reference; and WHEREAS, the Town Council finds that enacting regulations concerning the proper use of parks and special event areas and providing penalties for violation of those regulations will enhance the community's ability to enjoy the Town's recreational opportunities and therefore the Town Council finds that passage of this Ordinance will promote and preserve the health, safety, and welfare of the Avon community. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Ord 09 -18 Park Rules and Regs, 11 -17 -09 Page 1 of 9 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. Repealed. Resolutions 84 -23 and 87 -19 are hereby repealed in their entirety. Section 3. Enacted. A new Chapter 9.4 of the Avon Municipal Code is hereby enacted to read in full as follows: "CHAPTER 9.4 Public Parks and Special Event Areas 9.4.010 Definitions. As used in this Chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein: Eaglebend Pocket Park means the pocket park located at the east end of Eaglebend Drive. Harry A. Nottingham Park means the 48 -acre regional park located on a portion of tract G in the core area of the Town of Avon, including, but not limited to, a 17 -acre lake, athletic fields, tennis courts, bike paths, fishing docks, boat launch, picnic shelters, playground, barbeque grills, fire pit, basketball and volleyball courts, and a beach. O'Neal Spur Pocket Park means the pocket park located at the intersection of June Creek Trail and Old Trail Road in Wildridge. This park also includes a separate and enclosed 0.2 acre dog park. Riverfront Park means the natural riverside park located on the north bank of the Eagle River in Avon. The park stretches 2,300 linear feet along the river from Bob the Bridge at the east end of the park to the Sunridge condominium complex at the west end of the park. Special Event Area means a festival, fair, circus, concert, performance, race, vendor sales lot or activity, or any other temporary activity using outdoor or indoor spaces approved or sponsored by the Town and inviting the public to participate with or without charge, whether held on public or private property. Special Event Permit Application means the process that a potential promoter or organizer must complete in order to host an event in any town park. Ord 09 -18 Park Rules and Regs, 11 -17 -09 Page 2 of 9 Town means the Town of Avon. Town Manager means the Town Manager or designee responsible for any public park or special event area and for the activities conducted therein and to whom all enforcement personnel of such area are responsible. Whitewater Park means the water park located on the Eagle River at Avon Road near Bob the Bridge. The park consists of three man -made water features that are designed to function at various water levels. The park stretches approximately 500 linear feet to the east of Bob the Bridge. Wildridge Pocket Park means the pocket park located at the intersection of Old Trail Road and Saddle Ridge Loop. 9.4.020 Town Manager Authority The Town Manager shall have the authority to designate hours of operation, designate areas for uses or restriction of uses, establish procedures for licensing and permitting, and to take action on such other matters as set forth in this Chapter 9.4. 9.4.030 Hours and Operations. (a) Except for unusual and unforeseen emergencies, public parks shall be open to the public every day of the year during designated hours. The opening and closing for each park shall be posted therein as authorized by the Town. It shall be unlawful for a person to remain in a park or to enter a park except during the designated hours or unless such person is using sidewalks within the park as a thoroughfare outside of the designated hours, unless a permit is obtained pursuant to Subsection C of this Section. (b) Any section or part of a public park may be declared closed to the public by the Town Manager at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise), and either entirely or merely to certain uses, as the Town Manager shall find reasonably necessary to protect the health, safety or welfare of the public. No person shall enter any closed area of a park facility or special event area when such entrance is prohibited. (c) Any person who desires to use a park for a purpose that is otherwise restricted must obtain a permit or license from the Town. Examples of activities requiring a permit include, but are not limited to, gatherings of fifty (50) or more users, use of the park outside of designated hours, boating on Nottingham Lake, special events (not affiliated with or sponsored by the Town), swimming in Nottingham Lake, overnight camping, alcohol consumption, and amplified use of Ord 09 -18 Park Rules and Regs, 11 -17 -09 Page 3 of 9 sound. Examples of activities requiring a license include, but are not limited to, soliciting and vending, or alcohol consumption. 9.4.040 Permit and License Procedures Applications for any use and activity which requires a permit or license under this Chapter 9.4 must be submitted to the Town no later than 60 days prior to the proposed use or activity to be considered for approval, provided that the Town may waive or reduce such requirement at the discretion of the person designated to process such applications. Such special event permits may be issued by the Town upon the determination that the proposed event (1) does not unduly conflict with any previously scheduled use, (2) will not harm Town property, (3) will not create a clear and present danger to the public, and (4) will not present a probable conflict with the reasonable enjoyment of the park by the general public. 9.4.050 Restrictions on uses and activities. It is unlawful to engage in any activities within any park facility or special event area in violation of any of the following, unless a permit is approved in advance by the Town for conducting such activities as outlined in this Section. (a) Aircraft. No person shall land in or take -off from any park an aircraft or recreational equipment for air travel, without first obtaining a permit from the Town. Aircraft and recreational equipment for air travel includes but is not limited to airplanes, helicopters, hot air balloons, paragliders, parachutes, and hang gliders. (b) Alcoholic Beverages. No person within a park or special event area shall consume or have in their possession or custody any spirituous liquor, malt liquor, or vinous liquor as defined in C.R.S. §12 -47 -103, except under the conditions set forth in Section 9.12.080. (c) Amplified Sound. No person shall use or operate a loudspeaker or sound - amplifying equipment in any park or special event area without a permit obtained pursuant to Section 5.24. Amplified sound occurring before 9 a.m. or after 8 p.m. in any park or special event area must be approved by the Town Council through a special hearing pursuant to Section 5.24.020. (d) Athletic Fields. Softball and baseball activity is restricted to the softball field and the general area on the west side of Nottingham Lake below the dam. Reservations for use of the softball and athletic fields shall be determined by the Town, shall be on a first -come, first- served basis for the general public (not including teams, events or programs scheduled by the Town), and persons or Ord 09 -18 Park Rules and Regs, 11 -17 -09 Page 4 of 9 organizations with reservations shall have priority for use of the fields over those without reservations. (e) Camping. No person shall camp overnight in any park or special event area except pursuant to a permit approved by the Town. (f) Commercial Activities. No commercial activities, including but not limited to private lessons, photography, video or filming may occur in any park or special event area without first having obtained a permit or license from the Town. (g) Dogs. Dog owners shall comply with all animal control ordinances listed in Chapter 6.04 and shall pick up their dog's excrement or waste. Dog owners shall not allow dogs into those areas posted as prohibited areas for dogs or into special events. Prohibited areas may be designated by the Town. (h) Dog Parks. In dog parks, dog owners shall have a leash visible at all times and dogs shall be at least four (4) months of age and licensed with a visible tag. Dogs must be leashed immediately if exhibiting aggressive behavior and shall not be allowed into a dog park if in estrus (heat) season. Dogs deemed as being "Dangerous" or under rabies quarantine under Chapter 6.04 shall not be allowed in a dog park. (i) Fires. No person shall start or sustain a fire within any park or special event area, except for the combustion of charcoal in fire pits, grills, or other areas as designated and approved for such use by the Town. This provision shall not serve to prohibit bonfires started or sustained by the Town for Town - sanctioned special events and programs. Any applicant for a special event permit that seeks permission to hold a bonfire during such special event shall first secure a burn permit from the Eagle River Fire Protection District. 0) Fishing. No person age 16 and over shall engage in fishing in any park or special event area without a valid Colorado Fishing license obtained pursuant to C.R.S. §33 -4 -102 and C.R.S. §33 -4 -104. Fishing from the boat dock is prohibited during boating hours. Cleaning fish in any park or special event area is prohibited, and no person shall leave fish waste in any park or special event area. (k) Golf and Archery. No person shall use any area of a park or special event area for archery or golf, other than whiffle golf, except pursuant to a permit approved by the Town. (1) Group Activities. No person shall engage in group activities involving fifty (50) or more people in a park or special event area except pursuant to a permit approved by the Town. Ord 09 -18 Park Rules and Regs, 11 -17 -09 Page 5 of 9 (m) Models and Stunt Kites. No person shall bring into, use, or operate any stunt kite or radio - controlled model, including but not limited to airplanes, boats, model motor cars, and other motorized models in any park during a special event. All motorized models and stunt kites shall be utilized only in areas that do not interfere with park patrons. (n) Motorized Vehicles. No person shall drive, ride, or operate at any time any motorized vehicle or motorized device of any type within any park or special event area except upon public roadways or designated parking areas running through or adjoining any park or special event area. This prohibition shall not apply to Town -owned vehicles, motorized wheelchairs, or mobility devices for disabled persons. All persons operating a motorized vehicle or device within a park or special event area shall obey all traffic control signs. (o) Pests. No person may disturb traps or bait set out for ground squirrels or other pests on Town property. (p) Refuse and Trash. No person shall dump, deposit, or leave in the park facility or special event area any rubbish, waste, garbage, or any other discarded items of any nature. No such refuse or trash shall be placed in any waters in or contiguous to any park, special event area, or left anywhere on the grounds thereof but shall be placed in proper receptacles where these are provided. Where receptacles are not provided, persons shall carry away all such refuse or trash from the park or special event area and dispose of it appropriately elsewhere. (q) Structures. No person shall install any permanent or temporary above- ground structure, tent or canopy in any park without a special event permit. (r) Swimming. No person shall swim or bathe in any waters or waterways in or adjacent to any park or special event area except pursuant to a permit approved by the Town. (s) Vending and Soliciting. No person shall engage in any vending or solicitation operations in any park or special event area without first having obtained a peddler, solicitor, or business license pursuant to Chapter 5.16. 9.4.060 Restrictions on watercraft. (a) A person may bring into or operate any boat, raft, watercraft, or other vessel within any park or special event area provided that it is non - motorized and less than sixteen (16) feet in length, and provided further that the user first obtains a permit from the Town Recreation Department. Such permit shall be issued only upon submittal of an annual fee of $12.00, a completed application form, and a liability waiver executed by a responsible person over the age of 18 years. Ord 09 -18 Park Rules and Regs, 11 -17 -09 Page 6 of 9 (b) All vessels placed or operated within any park or special event area shall be registered with the State of Colorado as required by C.R.S. §33 -13 -102. (c) Wind surfing equipment, belly boats, and kayaks may be used on Nottingham Lake provided that the user obtains the necessary permit described in (a) above.. (d) All persons using designated areas for boating, rafting, or any other activity involving a vessel are subject to all laws and regulations regarding boating, including, but not limited to, C.R.S. §33 -13 -101 et seq. All persons aboard watercraft must wear a personal flotation device in accordance with C.R.S. §33 -13 -106. (e) Vessels may be launched only in designated areas and may be used or operated only between sunrise and sunset. All vessels must be carried by hand from legal parking areas to a launching area. Launching by trailer is prohibited. 9.4.070 Unlawful remainder in or return to park or special event area. After the Town Manager or a law enforcement official directs a person to leave or ejects a person from a park or special event area, it shall be unlawful for the person to remain within the park or special event area or return to the area within twenty -four (24) hours after being directed to leave or ejected. 9.4.080 Enforcement and penalty. (a) It shall be unlawful for any person to violate any provision of this Chapter 9.4 and upon conviction shall be guilty of a misdemeanor and shall be punished in accordance with the provisions of Chapter 1.09 of this Code. (b) The Town Manager and police officers shall, in connection with their duties imposed by law, enforce the provisions of this Chapter. (c) The Town Manager and police officers shall have the authority to eject from the park or special event area any person who violates any provision of this Chapter or any rule or any Town Code or who engages in any other disorderly or disruptive behavior in a park or special event area. A person ejected shall be informed that at the time of ejection, reentry is prohibited within twenty four (24) hours after such ejection. (d) The Town Manager and police officers shall have the authority to issue citations and warnings for violations of the Town Code or Town ordinances or any provision of this Chapter within a park or special event area in accordance with Chapter 1.09 of the Town Code." Ord 09 -18 Park Rules and Regs, 11 -17 -09 Page 7 of 9 Section 4. Codification 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 5. 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 6. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. 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 8. No Existine 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. Ord 09 -18 Park Rules and Regs, 11 -17 -09 Page 8 of 9 Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for November 24, 2009 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on the 10th day of November, 2009. 1 Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: � � a c Pat(71 enny, To 1 rk Eric ,Town Attorney INT- - FI Y APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on No er 4, 2009. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: lerk Ord 09 -18 Park Rules and Regs, 11 -17 -09 Page 9 of 9 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Meryl D. Jacobs, Director of Recreation Date: November 3, 2009 Re: Adoption of Ordinance No. 09 -18, Series of 2009, repealing resolution numbers 84 -23 and 87 -19 and adopting CHAPTER 9.4 concerning regulations for the use of public parks and special events areas and penalties for violations of such regulations. Summary: Attached is ordinance No. 09 -18, Series of 2009 which staff recommends council adopt as written. This ordinance repeals resolution numbers 84 -23 and 87 -19 and adopts CHAPTER 9.4 which regulates the proper use of Town parks and special event areas. The ordinance also defines penalties for violations of such regulations. Background: Ordinance No. 09 -18 has been developed as a result of the adoption of the Nottingham Park Master plan. The Nottingham Park master planning process identified the need to refine and update the rules and regulations concerning the proper use of Town parks and special event areas. The Town's original park rules sign was removed during the construction of Lake Street and was intended to be replaced once the regulations have been updated. Upon adoption of this ordinance a uniform and comprehensive signage program will be developed to enhance the community's ability to utilize our park system in a safe and enjoyable manner. The original rules and regulations for Nottingham Park were defined by resolution 84 -23 and 87 -19. The majority of these regulations are still applicable however over the years the Town has acquired more park land, seen an increased level of use and has implemented a lengthy calendar of special events. As a result of these changes staff has found it necessary to fine tune, consolidate and codify the regulations concerning the proper use of parks and special event areas in the Municipal Code. Highlighted below are several examples of areas that have been revised: • Codification of regulations: Challenges have emerged over time for the Police Department as the rules and regulations were not enforceable through resolution. Upon adoption of the ordinance the Police Department will have a mechanism in place to address complaints consistently through warnings or citations of the specific violations. • Establishing designated hours for park use: This new ordinance will allow the Town to post hours at each park (typically from dawn to dusk) except for use as a thoroughfare. • No swimming or wading in Nottingham Lake: This prohibition is not necessary as the lake is no longer intended to be used as a water supply for consumption. Staff is recommending that swimming may be allowed through a special event permit. • No overnight camping: Overnight camping may be allowed through a special event permit. • Closing the park when deemed reasonably necessary: The new ordinance will allow the Town to temporarily close a park should it become necessary for public safety. An example of when this may be necessary would be a dangerous condition at Avon's white water park. • Restrictions for motorized models and stunt kites: The Town will now have the ability to enforce the use of radio - controlled models and stunt kites to areas that do not interfere with special events or typical park use. • Violations: Violations of Chapter 9.4 are designated as civil violations under Chapter 1.09 and not criminal violations under Chapter 1.08, which staff believes is more appropriate for the nature of these regulations. The intent of this ordinance is to clearly define for the public what rules and regulations are in place for Avon's park systems. The new ordinance will give Town staff the ability to consistently enforce such rules and regulations. The passage of this ordinance will promote and preserve the health, safety and welfare of the public wishing to enjoy the Town's recreational facilities. Financial Implications: A comprehensive signage program will be developed upon the passage of ordinance No. 09 -18. Funds have been set aside in the Nottingham Park improvements portion of the CIP budget for this purpose. Recommendation: Staff recommends adoption of ordinance No. 09 -18 as it is written. Proposed Motion: I move to adopt ordinance No. 09 -18, Series of 2009, an ordinance repealing resolutions 84 -23 and 87 -19 and adopting CHAPTER 9.4 concerning regulations for the use of public parks and special event areas and penalties for violations. Town Manager Comments: Attachments Exhibit A: Ordinance No. 09 -18