TC Ord. No. 2014-19 Amending Avon Municipal Code Title 6: Animals to allow for dogs to be permited off-leash at all times, under voice control, with owners required to carry leashes in the West Avon Preserve.TOWN OF AVON, COLORADO
ORDINANCE 14 -19
SERIES of 2014
AN ORDINANCE AMENDING TITLE 6, ANIMALS, AVON MUNICIPAL CODE,
AND CHAPTER 9.40, PUBLIC PARKS, AVON MUNICIPAL CODE, ADDING
NEW REGULATIONS REGARDING LEASH LAWS ON THE WEST AVON
PRESERVE PROPERTY
WHEREAS, the Town of Avon acquired the West Avon Preserve property for open space
and recreational purposes in 2013; and,
WHEREAS, the Town Council of the Town of Avon finds that the West Avon Preserve
property has historically been utilized by dog owners without leashes with certain restrictions;
and,
WHEREAS, the Town Council of the Town of Avon finds that seasonal wildlife closures
and other restrictions can be properly managed by the Town Manager with consultation from
outside agencies and land managers; and,
WHEREAS, the Town Council of the Town of Avon finds that amendments to Title 6,
Animals, Avon Municipal Code, and Chapter 9.40, Public Parks, Avon Municipal Code, will
promote the health safety and welfare of the Avon community; and,
WHEREAS, the Town Council of the Town of Avon conducted a public hearing on
November 11, 2014 in accordance with Section 6.5 of the Avon Home Rule Charter; 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 Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence 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 Title 6, Animals. Title 6, Animals, Avon Municipal Code, is
amended by adding the underlined language as follows:
Section 6.04.020, Definitions, is amended to repeal and re -enact the definition of "Control" and
to adopt and add the definition of "Preserve" and "Voice control" to read as follows:
Control means the physical restraint or influence over a cat or dog by means of a
secured leash, tether, cord or chain no longer than ten (10) feet in length which is
being held by a person who is thereby in fact able to prevent the cat or dog from
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Ord No. 14 -19 Amending Title 6, Animals, & Chapter 9.40, Public Parks, Avon Municipal Code
charging chasing or otherwise disturbing or interfering with any person, domestic
animal or wildlife, irrespective of the presence of any distraction or provocation.
Preserve is the Town -owned 478 -acre parcel of property located between
Wildridge and Interstate 70 also known as the "West Avon Preserve" and includes
property designated as "open space" and /or "park" and /or "planned unit
development open space" as established by the Avon zoning districts.
Voice control means immediate and reliable obedience to any voice or sound
command given y the owner or handler who is thereby in fact able to prevent the
dog from charging, chasing or otherwise disturbing or interfering with any person,
domestic animal or wildlife, irrespective of the distance involved or the presence
of any distraction or provocation.
Section 6.04.060(a) is amended by adding language to read as follows:
(a) With the exception of the Preserve propert y, it is the duty of any owner or
keeper of a dog or cat to keep such dog or cat under control, as herein defined, so
as to prevent the dog or cat from:
(1) Running at large;
(2) Becoming a danger to persons or property;
(3) Trespassing on the property of another;
(4) Being a public nuisance as defined in Section 6.04.230;
(5) Chasing or threatening wildlife.
Section 6.04.060, Control, is amended by adding sub - section (1) to read as follows:
(1) Any dog on the Preserve property shall be under voice control and
furthermore the owner or keeper of a dog shall have in his or her possession at all
times a leash. A dog is presumed to be running at t large and not under voice
control if injury, damage or trespass occurs.
Section 3. Amendment to Chapter 9.40, Public Parks. Chapter 9.40, Public Parks, Avon
Municipal Code, is amended by adding underlined language as follows:
Section 9.40.010, Definitions, is amended by adding the definition of "Park"
and "Preserve" to read as follows:
Park means any Town owned property that is included in the Park zone district,
Open Space, Landscaping and Drainage zone district, or Planned Unit
Development district with a designated park or open space use, and Town owned
property that is otherwise designated ted by Council as park or open space.
Preserve is the Town -owned 478 -acre parcel of property located between
Wildridge and Interstate 70 also known as the "West Avon Preserve" and includes
property designate as "open Space" and /or "park" and /or "planned unit
development open space" as established by the Avon zoning districts.
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Ord No. 14 -19 Amending Title 6, Animals, & Chapter 9.40, Public Parks, Avon Municipal Code
Section 9.40.020, Town Manager Authority, is amended to read as follows:
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, designate park areas where voice control of dogs is permitted and
take action on such other matters regarding parks as set forth in this Chapter. The
Town Manager shall have the authority to manage and modify rules for the
Preserve including but not limited to modifying closures for wildlife protection.
Section 4. Correction of Errors. 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
topographical 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 thirty (30) days after final
adoption 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. 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 at the Avon Town Hall,
Avon Recreation Center and Avon Public Library, 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. The Town Clerk is further ordered to publish a notice stating a
vested property right has been created in accordance with Section. 7.16.140(d)(2) of the Avon
Municipal Code.
[EXECUTIONPAGE FOLLOWS]
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Ord No. 14 -19 Amending Title 6, Animals, & Chapter 9.40, Public Parks, Avon Municipal Code
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED on October 28, 2014 and a public hearing on this ordinance shall be held at the regular
meeting of the Town Council on November 11, 2014, at 5:00 P.M. in the Council Chambers,
Avon Municipal Building, One Lake Street, Avon, Colorado.
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:
0, &Z� - L3�-
Debbie Hoppe, T wn Clerk
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the 11th day of November, 2014.
Rich Carroll, 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:
Debbie Hoppe, Town Clerk
i
WV
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Ord No. 14 -19 Amending Title 6, Animals, & Chapter 9.40, Public Parks, Avon Municipal Code