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