TC Ord. No. 2014-06 Amending Section 5.04.45, section 7.08.010,& Table 7.24 -01 of the Avon Muni Code To Prohibit Marijuana Establishments & Marijuana ClubsTOWN OF AVON, COLORADO
ORDINANCE NO. 14 -06
SERIES OF 2014
AN ORDINANCE AMENDING SECTION 5.04.45, SECTION 7.08.010, AND
TABLE 7.24 -01 OF THE AVON MUNICIPAL CODE TO PROHIBIT
MARIJUANA ESTABLISHMENTS AND MARIJUANA CLUBS
WHEREAS, Colorado voters approved "Amendment 64" which amended Article XVIII of
the Constitution of the State of Colorado by adding a new Section 16; and
WHEREAS, Colorado Constitution Article XVIII Section 16(5)(f) allows local governments
to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing
facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an
ordinance; and
WHEREAS, the Town Council of the Town of Avon previously passed legislation
prohibiting medical marijuana dispensaries and medical marijuana cultivation operations in the
Town; and
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the
citizens of the Town of Avon would be enhanced and promoted by the adoption of this
Ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and 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 the proposed amendment to the Avon Municipal
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
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 Avon Municipal Code Section 5.04.045. Section 5.05.045 is
hereby amended by adding the following language, which added language is depicted with
double underlining, so that the section shall read in its entirety, and is hereby adopted in its
entirety, as follows:
"5.04.045 Medical marijuana business, marijuana establishment and marijuana club
prohibited.
Medical marijuana business, marijuana establishment and marijuana club as defined in
Section 7.08.010 of this Code and as may be amended or recodified, mare each prohibited
and unlawful in the Town.
Section 3. Amendment to Avon Municipal Code Section 7.08.010. Section 7.08.010 is
hereby amended by adding the following definitions, to read as follows:
Ord 14 -06 Prohibiting Marijuana Establishments
April 22, 2014
Page 1 of 3
Marijuana club means an establishment that is not open to the general public and permits
members of the establishment to consume marijuana at the establishment.
Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a
marijuana product manufacturing facility, or a retail marijuana store, and includes further
definition of such facilities and store as defined in Colorado Constitution Article XVIII Section
16(2)(1).
Section 4. Amendment to Avon Municipal Code Table 7.24 -1. Table 7.24. -1 is hereby
amended by adding the following language, which added language is depicted with double
underlining, so that the section shall read in its entirety, and is hereby adopted in its entirety, as
follows:
"Medical Marijuana, Marijuana Establishment and Marijuana Club."
Section 5. 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 6. 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 7. 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 8. 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 9. No ExistinLy 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
Ord 14 -06 Prohibiting Marijuana Establishments
April 22, 2014
Page 2 of 3
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.
Section 10. 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 May 13, 2014
at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon,
Colorado, on April 22, 2014.
Rich Carroll, 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:
ZD-" 14124"20
Debbie Hoppe, Actink Town Clerk
APD AS TO FOR
Eric J. Heil, n Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on May 13, 2014.
Ric arroll, 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:
.j
Debbie Hoppe, Acting to wn Clerk
Ord 14 -06 Prohibiting Marijuana Establishments
April 22, 2014
Page 3 of 3