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HomeMy WebLinkAbout1995- 5 Animal Control and Carriage Operations Ordinance• ~ ORDINANCE N0. 5 SERIES OF 1995 AN ANIMAl. CONTROL AND CARRIAGE OPERATIONS ORDINANCE WHEREAS, to preserve the health and welfare of the community it is incumbent upon the Vail Town Council to adopt a comprehensive animal control ordinance; WHEREAS, it is necessary to incorporate into its Municipal Code restrictions and regulations concerning the permitting and operation of horse carriages within the Town of Vail; WHEREAS, it is the intention of the Vaii Tawn Council to encourage dog owners to keep their dogs on a leash when not actively training the dog; and NOW THEREFORE, be it ordained by the Vail Town Council that: Section 1. Chapter 6.04, Dog Regulations is hereby repealed. Sec#ion 2. 1. ANIMAL CONTROL. 1. INTENT. It is the intent of the Vail Town Council in adopting these pet animal control and licensing regulations to declare that a pet animal owner provide reasonable care far and must assume full responsibility and strict liability for the action of any pet animal owned, kept, controlled, or in the custody of the pet animal owner. 2, DEFINITIONS. As used in this Ordinance, the fallowing terms shall have the following meanings: "ABANDON" means to fail to provide any necessary care fior a pet animal for any period of 24 hours or longer. Such care shall include; but not be limited to; food, water, protection from the weather, socialization, and removal of waste from the animal's enclosure. For the purposes of this Ordinance, any pet animal is presumed to be abandoned if, after the pos#ing of a written notice describing deficiencies in the animal care or the personal service of such no#ice, the deficiencies are not corrected by any person other than an animal control officer during the 24 hour period immediately following such posting or service. "ANIMAL" means any living dumb creature. "ANIMAL CONTROL OFFICER" means any person empowered by Town of Vaii to enforce the provisions of this Ordinance, Town of Vail Police Department personnel, and peace officers as defined in 18-1-90t, G.R.S. "ANIMAL SHELTER" means any and al! facilities and premises authorized by Eagle County to care for pet animals impounded pursuant to the provisions of this Z Ordinance No. 5, Senas of #995 ` • Ordinance. Such facilities and premises shall also be considered public animal shelters for the purpose of impounding dangerous dogs pursuant to the provisions of ~ 8_g_204.5, C.R.S. "ATTACK" means aggressive behavior resulting in bodily injury, serious bodily injury, or death to a person or another animal. "BETE" means the piercing, laceration, ar breaking of the skin by the teeth ar jaws of any animal. "BODILY INJURY" means any physical injury that results in severe bruising, muscle tears, skin lacerations requiring professional medical treatment, or fracture of any bone or injury that requires corrective or cosmetic surgery. "CAT" means any animal of the species Fells cattus or any hybrid thereof. "CONTROL" means supervision of, or influence over, any pet animal sufficient to prevent such pet anima[ from being in violation of any of the provisions of this Ordinance. "Control" may be by other than physical means if it can be demonstrated to be real and immediate at the time in question. For the purposes of this Ordinance, failure to control shall include the criminally negligent leaving of an animal in circumstances that result in neglect, mistreatment, or abandonment of the anima[. "DANGEROUS ANIMAL" means any animal that has inflicted bodily or serious bodily injury upon or has caused the death of a person or animal. "DOG" means any canine animal, including those related to the woof, fox, coyote, or jackal. "FERRET" means any animal of the species Mustala Putarius or any hybrid thereof. "HABITUAL OFFENDER" means any animal owner who has pled guilty to, or been found guilty of, violating any provision of this Ordinance three times within any eighteen month period. For the purposes of this Ordinance, any disposition of charges involving probation or deferred judgment and sentencing shall be considered to be convictions. "HUMANE TRAP" means live traps which do not cause bodily harm to the anima[ intended to be captured or bodily harm to any animal or person coming in contact with such trap. 2 Ordinance No. 5, Series of 1995 N "IMME©IATE CONTROL" means control of an animal by the physical presence of a responsible person, within ten jtQ) feet of the animal and such responsible person can exhibit voice contras over the animal. "MISTREATMENT" means every act or omission which causes, or unreasonably permits the continuation of, unnecessary or unjustifiable pain or suffering. "NEGLECT" means failure to provide food, water, protection from the weather, opportunity far exercise, socialization, or other care consistent with the needs of the species of the animal in question. ~~ , , "PET ANIMAL" means any animal so defined in Part-ofi Article'of Title :~4; C.R.S. "PET ANIMAL FACILITY" means any facility licensed as such pursuant to the provisions of Part 1 of Article 80 of Title 3~, C.R.S. c' "PET ANIMAL OWNER" means any person, firm, corporation, or organization possessing, keeping, having financial or property interest in, or having control or custody of any pet animal. '"PHYSICAL CONTROL" means control of an animal by means of a tether or a leash attached to the animal, and held by a responsible person; or, confinemen# within a locked vehicle or locked enclosure sufficient to prevent the animal from escaping. "POISON" means a substance that has an inherent tendency to destroy life ar impair health. "POTENTIALLY DANGEROUS ANIMAL" means any animal that when unprovoked: 1. Inflicts any laceration or bruising upon a human or another animal, or, 2. Chases or approaches a person an any property other than the owner's in a menacing fashion or apparent attitude of attack, 3. Is a venomous animal, or, 4. Is an animal possessing physical characteristics or demons#rated tendencies that would cause a reasonable person to conclude that the animal is likely to inflict injury or cause the death of any person or another animas. "'PREMISES" means property owned, leased, or expressly permitted to be used by an owner. "Premises" includes any confined area or locality such as a 3 Ordinance No. 5, Saries of 1995 i residence, business, room, shop, building, or motor vehicle, including the open space bed of a truck when the animal's presence is authorized by the owner of such confined area or locality. "PROPER CONTROL OP A DANGEROUS ANIMAL." means that: 1. White an the owner's premises, a dangerous animal shall be confined indoors or in a securely enclosed and locked pen, structure, or motor vehicle suitable to preven# the entry of young children and tv prevent the animal from escaping. 2. While off the owners premises, a dangerous animal shalt be under the physical control of the owner or other responsible person. "PROPER CONTROL OF A POTENTIALLY DANGEROUS ANIMAL" means that: 1, While on the owner's premises, a potentially dangerous animal shall be controlled by a chain, leash, or other confinement suitable to. prevent the animal from leaving the owner's premises, or, 2. While off the owner's premises, a potentially dangerous animal shall be under the physical control of the owner or other responsible person. "PROTECTIVE CUSTODY" means the taking of an animal into custody by an animal control officer to prevent the mistreatment, neglect, or abandonment of such animal; or, impoundment of an animal because of the owner's inability to care for the animal due to incarceration or transport to a medical treatment facility. "QUARANTINE" means the confinement of an animal for observation to detect symptoms of disease. "RABIES REGISTRATION" means the vaccination of an animal with an anti-rabies vaccine adminis#ered under the supervision of a licensed veterinarian, and the retention of a rabies registration certifiicate by the pet anirnai owner. "SERIOUS BODILY IN~3U3=3Y" means such ir~~ury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a sui~stantial risk of protracted loss ar impairment of the function of any part or organ of the body, or breaks, fractures or burns of the second or third degree. "TETHERING" means the tying and leaving of a pet anima! upon any property other than the owner"s own property. 4 Ordinenrs No. 5, Series of 1995 • ~ t S "TRAINING" means the education, instruction, or discipline of a dog in accordance with recognized methods. "TRESPASS" means the entry of an animal upon any private property other than that of the animal's owner or public property which ~is appropriately posted as not permitting animals, "VICIOUS ANIMAL" means any dangerous dog, potentially dangerous dag, dangerous animal, or potentially dangerous animal as defined in this Ordinance. 3. FAILURE TO PROVIDE PR001= OF RABIES VACCINATION AND REGISTRATION. It shall be unlawful to fail to provide proof of a current rabies vaccination and registrat€on for any pet animal possessed in the Town a# Vail if the United States Department of Agriculture has licensed a rabies vaccine #nr the specific animal in question. Such rabies registration shall begin when the animal reaches the age of three months, and shall be renewed to ma€ntain efficacy through the period of licensing. 4. DOG LICENSING REQUIRED. It shall be unlawful for the owner of any dog over the age of three months to fail to obtain a valid Eagle County dog license after the dog has been kept in the town for any consecutive fourteen day period within any calendar year or irrmmediately upon citation for any violation of this Ordinance. The owner shag obtain a dog I€cense for each calendar year. Dag licenses shall expire on December 31st of the year for which they are issued. Proof of current rabies registration with efficacy extending through the license period and payment of the license fee shall be required before any license is issued. The license fees shall be set annually by the Town of Vail Town Manager. Dogs kept as part of the operation of a pet animal facility licensed lay the United States Department of ~. Agriculture or the Colorado Department of Agriculture pursuant to the provisions of I~~rt;1 of Article 80 of Title 35, C.R.S. shall be exempt from the licensing prov€sians of this Ordinance. Such dogs shall not be exempt from the rabies registration requirements of this Ordinance. 5. ATTACHMENT 01= DOG LICENSE TAG TO COLLAR OR HARNESS. It shall be unlawful to fail to attach a valid dag license tag to the collar or harness of the dog far which the license is issued. Such collar or harness shall be worn by the dog at all times when the dog is att the premises of the owner. If any dog is unable to wear a collar or harness because of a medical reason certified by a veterinarian, or because the dog is worked €n a capacity that makes the wearing of a collar or harness hazardous #o the dog, the owner of the dog must have the dog tattooed with a tattoo approved by the Animal Control Department. 5 Qrdinance No. 5, Series of 1995 ~ ~ ~ 8. 1=ALLURE TO CONTROL AN ANIMAL. It shall be unlawful and considered afaflure to control an animal when; A. Any dog is off the premises of the owner without the presence of a responsible person having physical control of the dog on any bike path or public park located within the Town or on any area located within the Town and described in Exhibit A as attached to and made a part of the Ordinance codified in this section and which can be found on fife in the office of the Town Clerk, or, B.(1) Any dog is off the premises of the owner in all areas of the Town other than as specified in Section fi.A., above, without the presence of a person having immediate control of the dog, and (2} It is an affirmative defense to a violation under this section B(i) that the responsible person accompanying and having immediate control of the dog was actively engaged in training of the dog which caused the distance between the responsible person and the dog to be greater than ten (10} feet. C. Any dog is on or within one hundred ft. (7 QO) of any athletic field or golf course within the Town while any athletic even# or activity is in progress, except that a dog may be within 100 ft. of an athletic field or golf course while any athletic event or activi#y is in progress, if the dog is on a public road or right-of-way, or D. Any animal is allowed to become a danger to any person ar property, or, E. Any anima! trespasses on, or is tethered upon, any public property where expressly prohibited ar private property without the permission of a person owning, leasing, or otherwise controlling the property in question, or, F. Any dog reaches past the perimeter of the owner's premises with its teeth or claws, or, G. Any animal is allowed to excrete body waste upon public or private property when the animal owner or other responsible person does not remove the waste in a timely manner, or, H. Any female dog or cat is not confined during estrus in a house, building, or secure enclosure constructed so that the female dog or cat cannot 6 Ordinance No. 5, Series of 1995 escape, and no male dag or cat may gain access to the enclosed animal, or, 1. A dog is not under physical control while in the yard of any multiple occupancy building occupied by o#her persons; or in the common areas of apartments, or condominium developments, or, J. Any animal is not under physical control in areas posted as requiring any animal to be on a leash/tether by any agency of the federal government, the State of Colorado, or the Town of Vail, or, K. Any animal is kept or left in circumstances which constitute neglect, mistreatment, or abandonment, if the keeping or leaving is due to criminal negligence on the part of the animal owner, or, L. Protective custody of any animal is reasonably necessary. 7. WTERFERENCE WITH AN OWNER'S CONTROL OF AN ANIMAL, It shall be unlawful for any person to perform any act which interferes with, prevents, or hinders the efforts of an animal owner to control any of the owner's animals. 8. INTERFERENCE WITH AN ANIMAL CONTROL OFFICER. It shall be unlawful for any person to interfere with, molest, hinder, prevent, or obstruct an animal control officer when such person can reasonably be expected to know that the officer is in the performance of duty pursuant to the provisions of this Ordinance. 9. CONTROL OF DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS. A. The animal control officer or hislher designees shall have the authority to declare any animal as dangerous or potentially dangerous when the preponderance of evidence indicates the animal is dangerous or potentially dangerous as defined in this Ordinance. B. It shalt be unlawful for the owner of any animal declared to be potentially dangerous to fail to exercise "proper control of a dangerous animal" as defined in this Ordinance. C. It is unlawful to possess any animal declared to be dangerous. D. When an animal has been designated as potentially dangerous or dangerous and a Summons and Complaint has not been issued, any animal owner shall have the opportunity to request an administrative hearing to show cause as to why the animal in question should not have 7 Ordinance inc. 5, Series of 1995 '~ been, or should not continue to be, declared potentially dangerous or dangerous. The burden of proof shall be upon the animal owner to demonstrate beyond a reasonable doubt that the behavior of the animal in question at the time in question did not support the dec{aration of dangerous or potentially dangerous as those terms are de#ined in this Ordinance. The animal control officer or his/her designee shall preside at such hearings. Such hearings shall be requested in writing by mailing the request to: Animal Control Officer, 75 S. Frontage Road, Vail, Colorado Si657. E. Within five (6) days of receiving a ruling in an administrative hearing, any animal owner shall have the opportunity to appeal such decision to the Town of Vail Municipal Court. Such Notice of Appeal shall be filed in writing with the Clerk of Court and a copy shall be forwarded to the Animal Control Officer. F. Affirmative defenses. An affirmative defense to the declaration of a potentially dangerous ar dangerous animal shall be that: (1) The other animal was trespassing upon the premises of the animal owner, and the attack began, but did not necessarily end, upon such premises; (~} The other animal was biting or otherwise threatening or attacking the animal owner or the animai owner's animai; (3} The person attacked was committing or attempting to commit a criminal offense, other than a petty offense, against the animal's owner, and the attack did not occur upon the animal owner's premises; (4) The person attacked was committing a criminal offense, other than a petty offense, against a person on the owner's premises or against the premises itself and the attack began, but did not necessarily end, upon such premises, or, (5} The person attacked had tormented, provoked, abused, or inflicted injury upon the animal. 8 Ordinance No. 5, Series of 1995 G. When probable cause exists to indicate that an animal is potentially dangerous and/or dangerous and is not under proper control, any animal control officer may use any available means to ensure that the animal does not endanger any person. Such means shall include the destruction of the animal, if necessary. H. Any animas that is declared as dangerous shall be taken into custody by the Eagle County Animal Control Department. The anima! will remain impounded at the Eagle County Animal Shelter and the owner shall be required to post a bond to cover the anticipated expenses and costs of such impoundment. !f the owner faits to past such band the animal shall be destroyed. 10. DUTY TO REPORT ANIMAL BITES AND INJURY CAUSED BY ANIMAhS, It shalt be unlawful for any person to fail to report any known in#ormation regarding an anima[ bite or injury caused by an animal to the Vail Animal Control Officer. The report of the incident shall be made within 24 hours after such information is received, and shall include the name, address, and telephone number of the person making the report. The report may be made by telephone to the Animal Control Office on voice mail. 11. DUTY TO PRODUCE BITING ANIMAk. FOR fNSPECTION OR QUARANTINE. It shall be unlawful for any animal owner to tail to make available for inspection or quarantine any animal when probable cause exists to believe that the animal has bitten any person. If a quarantine period is necessary, the place of quarantine shall be at the discretion of the Eagle County Animal Control Department. Any costs incurred as a result of a quarantine period shall be the sole responsibility of the animal owner. 12. FAILURE TO COMPLY WITH CERTAIN TERMS OF A SALES OR A©OPTION CONTRACT. A. it shall be unlawful to possess any unsterilized dog or cat when such dog or cat is required to be sterilized under the terms of any applicable sales or adoption contract, regardless of where the contract originated, and; t3. It shall be unlawfu! to fail to comply with any of the terms a# an adoption or fostering contract when the animal is obtained from the Eagle Gounty Animal Shelter pursuant to such contract. 9 Ordinance No. 5, Series of t995 4 i3. UNLAWFUL RELEASE OF AN ANIMA!_, It shall be unlawful to remove any animal from the custody of Eagle County Animal Control, Vaii Anima! Control or Vail P.D. without the consent of an animal control officer or police officer. "Custody" as used in this section shall be confinement of an animal at the animal shelter or in any county vehicle, 14. IMPOUNDMENT OF ANIMALS. An animal control officer may impound any animal that is not under control under the provisions of this Ordinance, or is not in conformity with any of the provisions of this Ordinance. An animal control officer may impound any potentially dangerous or dangerous animal that is not under proper restraint. Upon establishing probable cause to believe that an animal is dangerous or po#entially dangerous, an animal control officer may perform such impoundment prior to notifying the owner, if such owner is not immediately present to exercise proper control of such animal. As soon as practical after the impoundment of any animal, an animal control officer shall make a reasonable effort to notify the owner of the animal of the animal's loca#ion by telephone, posting of a notice at the owner's residence, or by written notice mailed to the owner's known address, if the identity of the animal owner is known. If needed to establish the identity of the animal owner, information contained on any identification, rabies, or license tag found attached to the animal shall be used. 15. DISPOSITION OF IMPOUNDED ANIMALS. Any animal impounded pursuant to the provisions of this Ordinance, shall become the property of the Eagle County Animal Control after 5 days of impoundment. Each partial day of impoundment shall count as one day. Eagle County Animal Control may humanely euthanize any animas at any time prior to the expiration of the 5 day impoundment period if the anima! is extremely inured or ill, or if the animal poses a risk #o the health of any person. The owner of any impounded animal steal! be held responsible for all the costs of impoundment and boarding and such costs shall be fully paid prior to the release of the animal. 16. FAILURE TO REDEEM OR PAY FINES OR FEES OR COMPLY WITH RELEASE ORDERS AND STIPULATIONS. It shall be unlawful for any anima! owner to fail to mare arrangements for the redemption or surrender of any animal impounded pursuant to the provisions of this Ordinance, or to fail to pay any fees associated with the redemption or surrender of such animal. 10 Ordinance No. 5, Saves of 1995 . • • 17. THREATENING OF WILDLIFE OR LIVESTOCK. It shall be unlawful to fail to control any animal so as to prevent such anima! from running after, chasing, pursuing, biting, worrying, attacking, or threatening wildlife or livestock. Any animal threatening wildlife or livestock may be immediately destroyed at the discretion of any Animal Control Officer. A violation of this section shall require a mandatory court appearance by the animal owner. Upon conviction of any violation of this section, the animal owner shall be required by the court to pay restitution for any livestock or wildlife injured or killed by the owner's animal or animals. 18. POISONING ANIMALS. No person shall poison or distribute poison in any manner with the intent to poison any animal. It is a specific defense to a charge of violating this subsection that the person intended to poison mice, rats, or rodents other than hamsters, guinea pigs, and squirrels by the use of poisonous substance approved for such use by the United States Environmental Protection Agency or that the person was regularly engaged in the business of fumigation or pest extermination and was so licensed by the State of Colorado. 19. TRAPPING. A. When deemed necessary by the Animal Control Officer for the health, safety and welfare of the residents of the Town, such officers and/or their agents may place or authorize the placement of a humane trap on any property in the .Town when the resident, property owner or property manager requests such a trap for the purpose of capturing any wild or pet anima! creating a nuisance in the Town. ft shall be unlawful for any person legally responsible for the placement of a trap to fail to monitor any trap set by such person for the presence of an animal at least once every twelve {12) hours. B. It shall be unlawful fior any person to set or cause to beset within the Town limits, any steel jaw leghold trap, lethal snare, fully body grip trap or any trap for the purpose of capturing or killing any animal. This subsection does not apply to public officials in the exeroise of their duties nor to licensed, recognized trapping companies utilizing such traps in cases of disease outbreak. In such cases the express permission of the owner of the land must be given. Nothing in this subsection shall be deemed to prohbit the use of snap type traps #or mice or rats. 11 Ort}inance Na. S, Series of 1495 20. NUISANCE ANIMAL NOISE. A. It is unlawful for any animal owner to fail to prevent his anima! from disturbing the peace of any other person by unprovoked loud, habitual, and persistent barking, howling, yelping, or whining, or any other unprovoked noise, whether the anima! is on or off the animal owner`s property. B. No person shall be charged with a violation of this section unless a written warning for a separate occurrence of disturbing the peace has been given at least seventy-two hours prior to the issuance of the citation. The name and address of the complainant shall appear on the written warning. 21. HABITUAL OFFENDER. It shall be unlawful far any person to become a habitual offender as defined in this Ordinance, and any person so charged may be charged in addition to any other charges brought pursuant to the provisions of this Ordinance and offending animals ordered removed from the Town of Vail and/or other such remedies as imposed by the Court. 22. ENFORCEMENT. Animal Control Officers as defined in this Ordinance have the authority to issue a Summons and Complaint or penalty assessment to any alleged violator of this Ordinance. The penalty assessment shall be as set by the Municipal Judge for the Town of Vail. 23. PENALTIES. The following schedule shall apply to offenses charged pursuant to the penalty assessment procedure: A. For all violations not involving a dangerous or potentiaNy dangerous animal: First offense: $ 40.00 Second offense within one year: $100.00 Subsequent offenses within one year; $150.00 B. For all violations involving a potentially dangerous animal violations: First offense: $ 75.00 Second offense within one year: $150.00 Subsequent offenses within one year: Mandatory court appearance C. For a!I violations involving a dangerous dog at large, a habitual offender charge, poisoning, trapping, failing to redeem animal or failure to pay fine or fees, or threatening of wildlife or livestock: Any offense: Mandatory court appearance Mandatory fine upon conviction of $300.00 plus all associated costs and restitution The above-stated fines are minimum penalties and all violations are subject to the general fine provisions of up to $1,000.00 fine and/or up to 180 days in jail. 24. POWER OF MUNICIPAL COURT. In addition to any penalties which may be provided far in this title for violation of any provisions of this section, the Municipal Judge shall have the authority, upon making a finding that the dog constitutes a nuisance or that the dog 12 Ordinance No. 5, Series of 1995 ~~ ~ r, • constitutes a real acrd present danger to the citizens of the Town, to order that the dog be destroyed in a humane fashion. II. CARRIAGE OPERATIONS. 1. PERMIT ISSUANCE. A. The owners of horse drawn carriages and their employees, agents, or subcontractors shat! use and occupy the public right-of-way in a safe and careful manner. S. The signature of the applicant or an authorized representative an a permit shall indicate that all conditions of the application and permit have been agreed upon and have been met, and the applicant may undertake the activity specifically permitted. 2. TESTING. Each applicant and operator shall be tested by the Town of Vail or its representative to determine the applicant's ability to operate a horse drawn carriage. The applicant shall be responsible for the competency of all of his operators, carriages, and horses. In addition, thereto, the Town reserves tine right to require testing, observation of performance of any operator, carriage, or horse at any time. Testing shall include, but is not limited to the fallowing areas: A. General mechanical condition of carriage and harness. (1) Carriage shall be in good condition with all wheels in good order and running free. Shaft, fifth wheels and running gear shall be inspected for condition. (2) Harnesses shall be inspected fvr condition of worn leather, buckles, proper fit, and adjustment on the horse. B. Driver testing for ability to harness horse and hitch to carriage, in a safe and competent manner. (1} flriver shall demonstrate the ability to harness the horse and make necessary adjustments for a proper fit. (2) Driver shall hitch horse to carriage and make adjustments for proper fit. C. Testing of driver and horse under stress conditions for safe and prudent operation. 13 Ordinance I+o. 5. Series ai 1996 .• ~ ~ ~ (~} Driver shall maneuver through cone patterns showing ability of himself/herself to pertorm "figure eight", turns right and left, backing and maintaining a prolonged stop. (2) Driver shall drive the above described patterns again while undergoing stress testing. The stress testing may include but is not limited to the following: a. Banners b. Balloons c. Rattling tin d. Black plastic e. Firecrackers f. Umbrellas g. Various noise makers h. Sirens i. Fuses j. Roiling inner'tubes k. Dogs and/or other animals 3. HOURS OF OPERATION. Horse drawn carriages are permitted to operate at any time seven days a week except (a) between the hours of 2 P.M. to 5 P.M. on Bridge Street, or (b) in the Village Core ar Lionshead Village areas on those days or those times as deemed by the Town Manager when such operation would constitute a hazard to the public safe#y; e.g. 4th of July, New Years Eve, etc. and with consideration of extreme weather conditions. 4, APPROVED ROUTES. Horse drawn carriages may operate on any street within the Tawn of Vail with the following exceptions: A. on any "gated" area commonly found on Town of Vail bus routes or bus stops B. an any area commonly referred to as a "frontage road" C. on any portion of I-70 D, on any recreation path E_ the use of the east side gate on West Meadow Drive and the walking path which exists between West Meadow Drive and East Lionshead Circle, running between the Dobson Ice Arena and the Evergreen Lodge will not be included in the restricted areas. 14 Ordinance No. 5, Series of 1995 • F. May not impede any entry and/or exit way of any building. 5. LAWS ENFORCED. Ali state and municipal traffic laws are held to apply to the operation of any carriage within the Town. Any infrac#ion of said laws can result in loss or suspension of certificate for operation for the subject driver or revocation of any Horse Drawn Carriage Agreement that has been entered into with the Town of Vail. 6. CARRIAGES UNATTENDED. Carriages shall not be left unattended and drivers will remain with the carriage and in control at all times. Should it be necessary for the driver #o leave the carriage unattended, the carriage shall be unoccupied and the horses shall be securely tied to designated fixed objects. 7. CONDITION OF CARRIAGES. Ail carriages used within the Town of Vai! shall be well maintained, in neat appearance and ditched appropriately with safety and serviceable harnesses. Lights are to be of such luminance as to be readily visible at 540 ft., front and rear, with signals for turns and stops. A braking system independent of the horsets} is to be installed and serviceable on any carriage operating within the Town. A sounding device, either horn or bell, is to be available on each carriage. The horse(s) should be familiar with said device and demonstrate no adverse reaction to such device when used. 8. REQUIRED EQUIPMENT. A. buckles {no snaps} on harness ends B. throat latch C. blinders D. nose band E. Brichen 1=. buckle safes or keepers behind all buckles G. whip H, round collar or breast collar style harness I. kickstrap J. diapers K. sharp khife ~. harness bells M. reflectors on front of hitch 9. NUMBER OF HORSE DRAWN CARRIAGES. It is the judgement of the Town Council that in order to enable the Town bus system to function properly and to protect pedestrians within the Town that controlling the number of horse drawn carriages operating within 15 Ordinance No. 5, Series of 1995 the Town of Vail is within the public interest. To this end, the maximum number of horse drawn carriages #o be operated regularly on the streets of Vail is a total of four (4) #a be allocated to all approved companies. The Town Manager has the authority #o specify the locations of operation of the horse drawn carriages. The maximum and minimum number of horse drawn carriages operated by any approved Company shall at all times be within the limits determined by the Town Council and Town Manager applying the principles of a public convenience and necessity. 10. PENALTIES. The following schedule shall apply to offenses charged pursuant to the penalty assessment procedure for all offenses involving a carriage operation violation: First offense: $ 75.00 Second offense within one year: $150.00 Subsequent offenses within one year: Mandatory court appearance The above-sta#ed fines are minimum penalties and all violations are subject to the general fine provisions of up to $1,OOOAO fine and/or up to 180 days in jail. There shall be a mandatory revoca#ion of a carriage operation`s permit upon a third violation of this Ordinance within an eighteen (18) month period of time. Section 3. SEVERABILITY. If any part, section, subsection, 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 hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines, and declares that this Ordinance is necessary and proper far the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 5. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall 16 Drdinance No. 5, Sariss of 1995 /f r. '~ not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. A!I bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer sha11 not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of April, 1995, and a public hearing shall be held on this Ordinance on the 6th day of June, 1995, at 7:3t} p.m. in the Council Chambers of the Vai! Municipal Building, Vail, Colorado. I _~`-' ~~ ,u.„nrrr„1j~ Merv Lapin, Mayor Pro-Tem OF ~._'~~~.,,_ ATTEST: SEAL .. ~~,, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED n ~ ~ i ~ this ~ day of 1 i ~ .~ ~ , 1595. ~ ~~- . Margar A. Osterfoss, Mayor ~ ATTEST -1 2 t~et4y ~. 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N ~ ~, ~~~ 0 0- n ~ C3- ~ O Q ..r ~ z} f7 Q .~ 4- N ~ ~, ~ N ~ Q ~ ..,. ~ ~ C1 C? ~ ~ ~ ~ _ $ Q 'C5 ~ p {] ..~ `fi'r 7 ~ cb 1 C? ~ ~ t~V n N N ~ N Cl ~ ~, ~ ~ 'D 0 "A Q -086.' u' EUIBLt: BIJYI Beautifully rWrllatled +kslde 2 8U. 3 Ba luxury homel toy located an the creek. cols Ind floor location allows con- snce f« the dlsc4minafing owner Hitt to shopping and the slopesi s, axcorrent condlfkxt-Haver open Self Superb crualltyi Offered at ,QQO. Celt Mac Hodge today[ [Hike! GRP, 47 0.154 5-84 4D. EXPENSIVE 3 BEDf700M In Avonl Ihs, sunny top floor, vaulfod =gs. Newly remodeled and tiled. Won'T last long at S 153,000. veil Bonier ]Imbedine, 476-21 13. S pF GORE RANG[ and Vall stain from these Slmba Run ominltxru. Slmba has ITS own shut is and is also an Town of Vall bus Amenities Include racqueltxflr tennis courts, pool, Jacuzzis, ^s, underground parking & set room, X2306 [feted al S1B5,p1X1; I at S187.D00 and X2201 totally feted at S#99,00(1. All units have 2 romsJ2 baths are fumishod. Groat s. 5 mk~utes from Vail Mountain well Banker Timberline, A76-2113. IE FUN f« half the costll One-haN st fn a 2 bedroom/2 bath Lodge nshead c«xJominlum. 5kidn/Skf- ocatlon along Gore Creel. titles Include heated pawls, Is, laundry faclll6es and on-sttp ~g, Recency remodpkad. Partner- ]greement available for your rv. Ail for S195,000. Coldwelf s Timberline, 476-2113. HEART of Vail Village. EdeMrelss walk to slopes, vNlage shops and rants. 2 bedroom/2 bath, 2 car 'ground parking, abundant le. 5645,UOQ. Coldwpll Banker dlna.476-2133, ous VIEWS of iha Eagle-veil Garf e and surrounding mountains this 3 bedroom, 3.5 bath some. Oversized 2 car garage ots of storage. On bus Soule, fly remodeled. A pleasure to see. bet k9rtg ®5179,000, Cokiwell r Timbed#ne. 476-2113. 2IC COLORADO log home. Single resldarsce with 4 hedroorru, 2.5 plus studio oparlment: Addltfon- est house offers wonderful m/hof tub room: 2 spectacular ad sites provkde 1.12 acres with iq.ft, alkxvable: Moat unique Val4 rrfy offered unfurnished for S0. Caldwell &rrker TlmberFne, OCULAR SINGLE FAMILY...vn Burr 7th Creek site. 4 bedrportls/2,75 pxqulslre larxiscaping, views r, can odd morp sq.ft. Unfur- for 5825,QOp, CokJwoR Banker line. 476-21 13. MASS ELEGANCE`. Easy walk 10 arrowhead single twenty home; 3 xra + don, 3 tell bat3u. 3/4 both ro 1(2 baths plus famky recroa- orrl with caretaker or nanny's rs. Located an spextacular put- lreen. Exceptlonpl value. XJ. Unfurnished. CnG Goldwalf Timberline, 476-2113. PRICED' new construatlon In 'ee. 4 bndroomJ3 both duplex rs b1s of sun, breathtaking views, ale, oversized kHchan w/bseak- xn and a Jetted tub. 5309,000. ell Banker Timberline, 476.2113. rLD TRAIL ROAD. 3 bedrooms. 4 7(Tis, kxrgp fpm#y fM^` ^rvan nom and dhting roar Iral ceilings. Call for lockbox. 45,000, Now 5325.D00. Cal Sad- I [state, 4763811. TAS UNIT B-2. 7. bedrooms, 2 toms, 2-car garage. Large r space. ST70.IXX5. Call Sadler tetra, 476-0811, ?1 fiUILDING~UNIT 5Q2, 2 rms. 2 bathrooms, S255,OOQ. >ntn the slopasll "`Excelbnt Incbme'"' Cail Sadler Real s76~811. LET. BEAUTIFUL single family on a k3w bt. Priced bekrv market. -ve SL...,..4;: +a Rra/Max, 970- O, [500-888-8191. GMAC'~ Rt~GGRAM Loan-to-Value liy Arrlortizirlg er 1 S Years OaEloon Payments) A.R.M. trt Rate the lowest the Valley !~ p ,r* Call Jeff , Koth today! ^ Land RIWCHErTES, 4-9 ARES. B«den BLM, wafer rights, underground utllltles, horses, fantosttp vlewa. From 5110,0D0. Seller nnonclnja available, pave Wbkum, Century 21.040-7979. BEAUTIFUL SUNNY blast Vail lot. Primary/ Secondary home. Superb views of Vall Mtn & Gore Range, M2395 Chamonix Lone. Si35,p00 by owner. Mexico, 525- 251-4832, PERFECT HIDEAWAYI 38+ acre tracts bordering BLM and National Foresf. Secluded spiting with creek frpntage. Priced from S65,D00. SL¢anne J. Dugan, Broker. 476-O7b4, 1-Bt)0-595-&955. VERY NICE tOT zanod prlmary/secorr dory on Davos Troll. 5295,1X]0. (broker partlcippflon welcome). 303-949-4321, 303-zf76-1964, lave message. 11.66 ACRES ON EBV CREEK! Hprsp property bordering BLM. Easy access yet secluded, utliflies. Beaver Creak Mgmt. 303-476-7223. SOUTHERN COLORApO MYSTIQUE. Secluded 35 acres of lush green meadows cloaked In towering ponderosa pines. Ideal for viewing wildlife. Vlewsll Terms, 539,900. Cynthia, 719846.7248, Land Property, QUAINT CABIN on Npian Creek fn FuHord In good condition with wood cookstove and propane heat. Naar proposed Adam's Rib RecreaTEonal Area and has easy access to Nalbnal Foresf SeMCe boil, 540,995; Black Bear Real EstaTa, 328-2327. SUPERB SKI SLOPE vlerv from this .95 acre duplex site kr Wildridge. Assess- ment is pall. Call about other sites available, Suzanne J. Dugan, Broker. 476-Q7bd.1-800-595$955, MULTI-FAMILY LOT In Wlldrldge. FIaT, buildable 4-plex ells. Suzanne J. t)ugan. Broker. 476-0764, 1-800-595- 8955. NEW LISTINGSI 2 pdJpcent 4Q acre tracts on Alkalal GrpBk. Approx. 30 minutes from Vafl. Suzanne J. Dugan, Broker, 476-0764, 1-800-595-8955. LAST PRIVATE LOT In East Vail. Over l I2 acre, fabulous views ip west, wIM never be Inlenupted! Wondedut pines pod aspens to nestle your prlmary/secnn- dary among. Taps ppid: can be assumed. 5340,000, CokJwell Banker Tlmbedine, 476-2[ 13. 35 ACRES. Superb views of New York Rangel 10 minutes from Eagle Airport, Best building site at Coslka Peak with all utAlHes. Trees and irrigated hay ground. Primary/secondary zoning far 2 homes. CofdwpA Banker Timberline, 476-2113. WILLOW CREEK ilIGHLANDS. Affor- dable Sorge acreage In Eagle County, Spectacular panoramic views from East to West from These 40+ acre par- cefs priced from S13D,000. {One has a pond & spring). Caldwell Banker Timberline, 416 21 i3. OFEICFJ COMMERCIAL SPACE THE GENrER OF R ALL -Wolcott Village is coming. A high quality mixed corm merclp{ use development. Oppor- turl€tlea Include nftiae, retell, seMce and restaurant, Far leasing Information gall Jeff Nicholls (303)476.429b tar details. VAIL BANK CENTER on Avon road, Avon. New building available January 1045. Now leasing offk:e space ~ to 5000 sq.ft. Cnh Dave Cote. Remax Vall, Inc. 303.47b-6460. RESTAURANT. RETAIL, OFFfCE space avaibble k9 the Slifer Smith & Frampton Canto[, Benchrnaric Plaza &dg. In iha Avon PIrQa. Please Call Slifer Manage- ment for details. 476-1063, VAIL PROFESSIONAL BViLpING. Attrac- R five office, 1 st fiocx, souttlem exposure. 525 sq.ff.476$133. HEALTH & NUTRITION NUTRITIONAL SUPPLEMENTS used tyy the U.5.Olymplc Skl Team. Ecology safe cleaning products. natural skin care. Shaklee, of course. 944-1771, PERSONALS LIVES IN BOULDER. SWM, 5Q+, 5'10', 160 pounds, physically fff, working professbnal, financlaly secure; boas mountains/outdoor acflvitles, skiing, tennis, music, reeding, easing well, 1n- terrtatlanaS hpvpl. Seeks intellectualy alive, energetic, attractive, fit, 40+ woman with positive attitude, genulno warmth, honesty, sense of humor, zosi for Ilfp. Send letter to; 2100 Goddard PI.. tlouldar, Co 80303. Public Notice ORDINANCE NO. S Serlss of 9995 AN ANIMAL CONTROL AND CARRIAGE aPEAATIONS ORnINANCE WHEREAS, to preserve the health and welfare o} the Community it is incumbent upon the Vair Tpw71 CounciE to adopt a compr@hensivo anima! oorstrolardhanos; and WHEREAS, while a is necessary to provide shit[ regulaHOns concerning the control of animals. the Vail Town Council desires to provide Leash Free Zones in all areas €n neighborhoods or the Town where reasonably possible; and WHEREAS, it is necessary to Incorporate into its Municipal Code restrictions and regulations concerning iha permitting end operatlon of horse cardages wilhln Iha Town cf Vail. NOW THEREFORE, be R ordained by the Veq Town CpunCll Thar: SECTION t. Chapter 6.04, Dog Regulations is Hereby repealed. SECT10NZ.! aNIVIAI rnKTpnL, r, lNTEjJT. I[ is the Inlen; of the V011 Town Council in adapting These pet animal control end licensing regulations to declare that a pal animal owner must assume lull responsibllily and strict [lability for She action of any pet animal owned, kaph conlroflad, or in the custody of the pal animal owner. 2. UEFINLTI.QN$. As used in Ihis Ordinance, the following farms shall have the }allowing meanings: 'ADANDON" means to tail Eo provide any necessary taro for a pet animal for any period of 24 hours or longer. Such care shall induda; but nos b@ limited lo; food, water, protection from Ihs weather, socialization, and removal of waste Irom Iha enimaYs onClCSma. Far !ha purposes of this Ordinance, any pet animal is presumed to bo abandoned if, alter Iha gosling of a written notice describing daficiancies In the animal care or the personal service p1 such notice, ln@ deliclenc{es are not CormCtod by any parson other Ihan an animal control officer define the 24 hour perlotl Immediately folbvring such posting or service. 'ANIMAL' moans any kving dumb creature. 'ANIMAL CONTROL OFFICER' means any person empowered by Town nl Vail to enforce Ina provisions of Ihis Ordinance, Town or Vail Police Deparlmenl personnel and peace officers as dallnad in 187-501, C.RS. 'ANIMAL SHELTER- means any and all lecililies and pram95@s auHlorixed by Eagle County to care For pet anEmars impounded pursuant to the provisions pf 1h15 Ordinance. Su Ch teclEitles and premises shell also be considered public anima4 shelters for Iha purpose a1 impounding dangorous dogs pursuant to the provisions of 189.204.5, C.R.S. 'ATTACK' means aggressive behavior reset;log in bodily Injury, serious bodily injury, or death to a parson or anolnar animal 'BITE' means Iha piercing, lacerehon, or breaking of the skin by the teeth or jaws of any anrrral. 'BODtLY INJURY' means any physical injury that resuhs In severe hruising, muscle [ears, skin lacerelbns requiring professional medical Irealment, or fracture of any hone pr injury [het requires correcilve or cosmolic surgery. 'CAT' means any animal or Iha species Fells canes or any hybrid nrereof. 'CONTROL" means supervision 01, or influence over, any pet animal suffident to prevent ~ "~ ~ }~~ L Jumbo Mortgages ~ Up to $5,QDD,DDD A Very competitive pricing • Fully amortizing or interest only payments A No income verAcatJon ~ LoarS approvals wlthitl 48 hours altch pet animal f+arrt being h vblelim of any of the provisicns W thla Ordhence. 'Contra' may be by other than physical means I1 It can be demonstrated to be reel and immediate al the INna In question. Por the purposes of this resolution, failure M oanlrcl shoe hcluda the cdmhatry negligent leaving of en animal h dreumslances that resuH h neglect, mislreatmenf, or abandonment of the animal. 'DANGEROUS ANIMAL' neeans any animal that ha5lnflic?ed bodily or serious bodily injury upon or has caused Iha death of a person or animal, 'DOG- means any canlrte animal, including ihosa related to the wolf, fox, coyote, or locket. 'FERRET' means any animal of the species Muslala Putorius or any hybrid Ihareo}. 'idARR'UAL OFFENDER' means any animal owner Woo has pled guilty lo, or bean found guilty of, violating any provisirm of Ihis Ordinance Three times witnin any eiglHe9n month perlotl, For the purposes of Ihis Ordinance, any disposition of Charges Involving pioba[ion or delerrod judgment end sentencing shall be considered to be oonviclians. 'HUMANE TRAP' means live baps which do not Cause bodily harm to the animal intended to bo captured or bodily harm to any animal or person coming in Contact with such Trap. 'LEASH FREE ZONES' means may area wilhln [he Town of VaR which Is designalod by the Town Manager es an area where animals ors not required to be under physical Control but must be otherwise under control as defined herein. 'MISTREATMENT' means every act or omission which causes, or unreasonably permits the cronlinuatfon o1, unnecessary or unjustifiable pain or suHadng. 'NEGLECT" means failure to provide food, venter, protection from iha weather, opportunity for exercise, socializelivn, or other care rnnsistenE with Iha needs o! the species or the animal in quoslions. "PET ANIMAL' means any Animal so delinsd in Pad } o} Adirle 15 of Tillo 30, C.R.S. "PET ANIMAL FACILITY' means any lacrlity licensed a5 such pursvan! to the provESions of Part 1 of Agicie 80 0l Title 35, C.R. s. 'PET ANIMAL OWNER' means any person, firm, Corporation, or organization possessing, keeping, having financial Or prapedy interest in, or having control or custody of any pet animal. 'PHYSICAL CONTROL' means control of an animal by means of a tether attached fo the animate and held by a YBSpansible person; or, cantinemenl within a locked vehicle ar locked enclosure sutticlent to prevent the animal from escepfng, 'POISON' means a substance That Has an hherent tendency to destroy file or impair heash. "POTENTIALLY DANGEROUS ANIMAL' means any animal that when unprovoked: S. rnllfds any IacaralEon or bruising upon a human or another animal. or, ~S'he VCli~i - Ap1tI 21, 1995 2. Chased a approaches a person on a property other Ihan the owners in a menecl iashkm Ix apparent &11'4uda of attack, 3. Is a varwmous animal, or, 4. Is an animal possessing physic cheraMerlsliCS or demonstrated tendencies Ih would Cause a reesanable parson to conCfuda th the animal Is likely to fn51c1 injury nr cause th death o1 any parson or another animal. "PREMfSES' means property owned, (ease or expressly permHted tb be used by an owne "Premises' Includes any conlinad area or locefi such as a residence, business, room, she building, ar motor vehicle, including the open spec bed of a truck when Iha animal's presence i authorized by She owner or Such confined area lucality. 'PROf'Efi CONTnOI OF A DANGEROU ANlMAL° means Shat, while an the owner' promises, a dangorous animal shall tie confine indoors or in a securely enclosed and locked pe Siructuro, or motor vehicle suitable to prevent In entry of young children and to prevent the aninr from escaping, When off iha gremisos of Ih animal owner, iha animal shall brr under the physic Control and immediate supervision n1 Iha owner enter responsible person. 'PROPER CONTROL OF A ROTENTIALL DANGEROUS ANIMAL" means that: 1. Wldlo on the owner's premises, a potential) dangorous animal shall Ire Controlled by a Chai leash, or other conllnemont suitable to proven[ th animal From leaving the owners promises, or, 2. While off the owner's premises, a potential dangerous animal shall be under the physical contr of Iha owner or other responsible porsgt. 'PR07ECTIVE GUSTODY" means the [akin of an nnimat into custody by an animal contr officer to prevent the mistrealmanl, neglect, o abandonment of such animal; or, impoundment o an animal because of the owner's Inability to car for Iha animal due to Incarceration or Iranspod to medcal treatment facilely. 'QUARANTINC' means Iha confinement o1 a animal for observat#on to detect symptoms o disease. 'RADI£5 REGISTRATION' means Ih vaccination of an animalwith ananti-rabies vaCCin atlminlstered under [he supervision or a ficonse veterinarian, end the retention oS a table teglstration cedificale by the pet animal Comer. 'SERIOUS BODILY INJURY' means snc injury which, either ai the time of the actual injv or at a later time, involves a subslanba! risk o death, a substantial risk of serious permanan disligummenl, a substanilal risk of protrected Ids. ar impairment of the function of any pad or area of Iha hotly, or breaks, lrac[ures or hums 9f Ih second of third degree. 'TETHERING' means the lying end leaving o a pet animal upon any property other than th owners own property. E WEEK 3 BEDRDQM DUPLE%, great views, open floor plan, beautiful woodwork, Singlehee, $305,000. 0011 HOWARD DRiVE. Spacious single family home in prestigious Singletree. 4 bedrooms, 3.5 baths. 5Ki•INISKI-OUT, Lion Square Lodge Penthouse, 3 baihal the Gondola. Adeck on the Wost and one on the East. Fully furnished. Famed over $80,000/year. Call for details. EXISTING BUSINESS. Veil's exclusive colorer with retail deli Excellent rowlh PRE-CQNSTRUCTION, SLOPE VIEWS. 2 BR, 2 BA starting al $269,004; 3 BR, 2 BA starting at $299,1100. Walk to Gondola and Lionshead. TIMESHARE OWNERSHIP[ Best buy at Htamott's Streamsida Resortin Vail. Posh 2 bedroom in now Evergreen building. "Floating" winterski week. $3,900.00 un- der marks!! 1455 GREENHILL CgURT, SOUTH HALF. Great location! Walk to lih, Cas- cade Ciuband bus stapl 4 bedrooms, 4.5 baths, $960,000, Price will incrsasesoon. g potential. $195,000. • • ~ • s• VAIL RAC(]UET CLU9 CONDO, 1 bedroom with large s pin loft 1 112 bat p~{[RAC3 around deck, g uND~RC I, hot tub, spa, club foci Ise. $145,000. SfNGL1=TREE DUPLEX 160Chaparal Road, blast halt, awesome views, Price reduced tv $298,50D. CORDILLERA HOME. This 5 bear. 4 i12 bath home sits on a 3-acre lot with breathtaking south-facing views of snowcapped mountains and She lush green Cordillera Golf Course, WATCH THE FIREWORKS while basking in the hot htb an the deck of ono of iha most beautiful condominiums in Vail +rllage, Designer decorated, two fireplaces. All on one level in small residential-type building. Walk to the slopes, Ford Parts and tlleAthleticClub. Convenient parking. Reduced to $795,[}(}0. For help with these yr any other special properties in the Vail Valley, aa[I sI~1Gl_Er~EI=_ Quality, sl(i slope views, open floor plan, 3 bedrooms, beautiful cabinets and trim, $305,000. f I 2 ~ The ~>rh~1- A~, t 99~ "TRESPASS" means the entry pl an animal upon any propgny other Than ~Iha1 0l the animal's owner, 'VICIOUS ANIMAL' means any dangerous dog, polenlialry dangarrnrs dog. dangerous animal. or potentially dangerous animal ns dolined In This Ordinance 3. F$Jj~(1HF TO_.P]jQl(l.[T[ (+F{(lnP OF f3A@JES_YAfr~INATT4N AND A~G15If3AT.lQN. q shall be unlawful to fail So provide proof of n current rabies vacanalion and rogistralion for any pal animal possessed in Iha Town of Vail i1 the United Stales Onparlmertl of Agriculture has licensed a rabies vaccine }or the specilkc animal in quoshon. Such rabies regislralion shall bogie wSmn the animal reaches the 2ga of Ihron months, and shall be renewed to maintain alFacy through the period of IiCensrg q. jJC2G LIC.FNfiINrT R[Q(~((.~.R, II shall ba unlawful for Iha owner o! any dog over the age of Ihres months to fail to obtain a valid Eagle County dog license offer the dog has aeon kept in Iho town for any consecutive fourteen day period within any Calendar year or immotlia191y upon citation Ter any vAlatiert of this Ordinance, Tho owner shall Obtain a dog license Ter each calendar year. Dog licenses shall expire an December 315101 Cho year for which They are issued. Proof o1 currant rpbklS regl5lrplian wish affacy extenr}irrg through Iho license period aril payment o{ ffte Itcenso {ea shall be required before any license i5 issued. me license fees shall bo set annually by Iho Town o! VarE Tawn Manager. Dogs kale as pan of the operation o{ a pet animal facility Ilcmrsad by the Unclad Scales Department of Agricutlmg or the Colorado Dapadment oS Agricupwe pursuant [o Iha provisions of Pa rS 1 of Arlicie BO pl Title 35. C R.S shalt be exempt Irom the licensing provisions of Ibis Ordinance. Such dogs shall nos be exempt hum Iho rabies rogislralian requirements of Ibis Ord'manco. 5. ,977ACl~MENL4F~Q.~LICEhi$F_SLtG I(7 Gel L AR DR H[tfa[~,$;z, II shall be unlaw}u! tp loll to attach A valid cog license tag Io Iha Collar or harness of Iho dog far which Iho IlCanse is issued. Such collar er hamess shall be worn by Iha dog al aR IimBS rotten [hg dog IS of} Iha premiSOS of the owner. iS any dog is unable tp weer a collar or harness because o} n medical renson corliliad by a veterinar+an, or because Iha dog is worked in a capacity that makes Iho wearing o} o collar or harness hazardous to the dog, Iha owner pl tl,e dog musr have Iha dog mopped wish a tenon approved by the Anima! Control Depadmenl. 6. FAi) 11~1~ 70 (:n NYRnI AN IyN;M~~ Il Shan be unlawful and Consideratl a failure to Catlrol an animal when: A. Any dog is off the premises of the owner without Iha preSenCe of a person havkng physical control ql the dog, or, B, Any animal is allowed Ic baCOmo a danger !o any person or propedy, or, C. Any enema! Iresposses on. or is mlhared upon, any public or pdvala properly without the permission of a porson owning, leaskng, or olhenvise corllroBing the property In quosllon, or, D, Any dog reaches past Iho perkmeler of Iha owner's premises with Ns teeth or claws. ar, E. Any animal is allowed [o excrete body waste upon public or private properly wlron Iha ammdl owner pr Other ra5ppn5ibig pl'f5an dDgs not remove the waste in a timely manner, or, F. Any tgmalu dog or Cal is not Confined during estrus in a house, hullding. or secure encbsure conslruclnd so That the tamale dog or cal cannot escape, and no male dog or cos may gab access to the enclosed animal, ur. G A dog is not under physical Control while in the yard o1 any multiple occupancy building rxcuoietl by other r+ersons: or in the common areas ni apadmenls. or cpndpminium dnvMopments. or, H. Any animal is not rrndor physical coalrol In areas posted es repot«ng any animal to be on a leash!;ether by any agency of Iha federal government, the stale of Colorado, or the sown of Vail. ar, I Any animal is kept or IBII in arcvmsmnces wh¢h constilula neglect, mislreatmenL or abandonment, i4 Iha keeping m leaving is dun to criminal negligence on iha earl of Iha animal owner, or, J- Protective custody o1 any animal is reasonably necessary. 7 I FAgy J'RF~,~Q~$, The 'Town Manager shall designate areas throughom the Town whtch are o leash Tree zone os defined heroin and are adaqualely s;gnad to provldo notice of such areas and era described In an exldbit made a pad of !be ordinance cotlihed in Ihls section and which can be found on Tile in the oilice of the Town Clerk. a. INTI=RFFPE[yCE_57(1SR AN n1ryNER~s (:ONTROL OF AN ANfjy~, p shall be unlawful far any parson 1a pedorm any act which +nledares with, prevents, or hlndere Iha efforts of an enlmal owner to Cavrol arty of Iha owner's Mimafs. 9. lNTE RJ=F SFjv{:F VyITH AN Al41MA(, GnnTrRn{,9F~C~t3, II shay tre unlawful ipr any person to rnledere with. molest. hinder, prevent, or obstruct an animal mnHnl officer when such person can reaSOnab3y bB expected [o know Thal the Deicer 15 in the pBrlarmanCa of duly pursuant [o the provisions o1 this Ordinance 10. GONTA9LSIF jTANT~F€1Qll5~1NR PnTFNjIAI t v gnyr;FRn1I;; ANIMALS, A The animal control ollicer or blether designees shall have the authorlly to declare any animat as dangerous or potentially dangerous when the preponderance of evidonca intltcatos the animal is dangerous or polentialiy dongarous as defined in This Orclinance- p_ II shall ba unlawful far the owner o} any animal declared to be pgentlaily dangerous to IAII td exercise "proper control o} a dangerous animal' es defxted h This Ordinance. C. I[ is unlawful to pus suss any animal declared fo be dangerous. D. My entrnal owner shall hand Ihg ppppr;unity tb request en adminlstrelive headrq to show muse es to why rho enlmal h question should not have been, or should not continue to he, declared prnerniaH dangerous dr dangerous. The burden o! proof shalt be upon the anlmel owner to demonstrate beyond a reasonable doubt Iha[ the behavior of the nnimal in qugslion at the time in question did net support the deelerellon of dangerous or polenlialty dongarous as those farms ere defined in This Ordinance. The animal control officer or his/her daslgnae shop preside at such hearngs, Such hearings shall be requested kr welling by mailing the request to: Anima! Control Officer, 75 South Frontage Road. Vail, Coorado 81857. E. AlUrmauva eaten see. An allirmative defense [o Iho deciarallon of a potenlfally dongarous or dangerous animaE Shall be Thal: (1) The other animal was Irospa5sing upon Iha premises of Iha ,animal owner, and Sho attack 4egan, but did not necessadly end, upon such premises, {21 Was oiling ar otherwise Ihroalening or affacK~ng the animal owner or the mlimal ownei s the attack did not occur upon the animal owner's premises; {A) The person attacked was committing a criminal ollense, other than a pally offense, against a parson on the owner's premisas or agalnsl Iho promises itself and Iho ntlack boson, but dW nal necessarily end, upon such premises, qr, {5} The person lormenlod, provoked, abused, or inflicted injury upon the anknal F When probable rouse exists to indicate Thal an animal i5 pgientialy dangerous antllor dangerous and is not under proper control, any animal control ollicer may use any available means to ensure that rho animal duos not endanger any porson. Such moans shall Include the tlaslruclion of the animal, if necessary. p. Any animal That cs decrered as dangerous shall bo taken into custody by Iha Eagfa Cnunly finimal Conpol Department. The animal will remain impounded el the Eagfa County Animal Shelter and Iha owner shall be required 1o post a bond to cover Iho anllclpaletl expenses and costs of such Impoundment. IF the owner faits to past such bond Iha animal shall be destroyed. 11, P.VTV j0 RFAC)pfT ,gNIMAj RITFC A("Ip~IJURY Cal f.¢>=n Ry aNIMa~, h shah bo unlawful for any parson to loft to report any known Information rogmtlntg an animal bite or inluycau5ed by an nnimal to the VBII Animal ControF Officer. Thu report of the incitlenl shall bg made within 2A hours char such inlarmnlion Is received, end shall include Iha name, address. and telephone number of the parson making the repod. The report may be made by talephang tq Iho animal conlroE office on voice mail. 12. DUTY TO PR[lnllf;~ R(Tf(,](j ANIly1Al, FOR INS~f(:TIDN nR nllAkANTIfJE, F1 shall be unlawful lot any animal owner to tail to make evadable for inspection or quarantine any animal when probable cause exists to believe;hat iha animal has bl0an any person. li a quarantine period is necessary. Iho place cl quarantine shalt he al the discretion of Iha Eag1g Caunly Animal Control Depadment. Any costs incurred as results o} a quaranhne period shall be Iha sole responskbility of the animal owner. 13. FAt41lRF rp T%2MPl Y wII(4 (rFRTAIN ~r;jy~5 LlF A SAE FS nR A1)OPTrOy CONTRACT, A, 11 shalt be vnlawlul to pOSSgas any unsleAllzed dog or cal when such dog or cal is required to be slerll}zed under the terms o1 any spprlcnhle sates ar adgpllon contract, regardless o1 where the contract originated, and, B. It shell be unlawful to fail !o Comply with any aI the terms of en atloplion or fostering contract when the animal Is obtained from the Eagle Cnunly Animal Sheller pursuant to such conlracl. 14. lli~{LlsYyFSl.L RELEASE9F. ANAN!M9L. II shall be unlawful to remove any animal From the custody of Eagle County Animal Control, Vail Animal Control or Vail P.D. without the Consent of an animal mnlrof officer a police officer. 'Custody' as used In this section shaFl be confinement of an anlmel el the animal shelter or in Bny County vehicle. 15. (f41POlJ}JnMENT OF-,__AC~M,9L$.. An animal control officer may Impound any animal that is not under Control under the provislans of Ibis Ordinance, ar is not inconformity with any o11he provisions of Ihls Ordinance. An enlmal control officer may impound any polpnliakly dpngerous or dangerous animal that is not under proper reslralM. Upon eslebilshing probable cause to believe that an animal is dangerous or potentiaEly dangerous, an animal control ollicer may pa«orm such impoundment prior to nglllying the owner, ii such owner is nal inunediately present to exercise proper control pF such nnimal. As spun as prachcal Ober the impoundment of any animal, an enlmal control ollicer shall make a reasonable eFFOd to notify the ovmer of the enlmal of the animal's location by telephone, pasting of a nonce al the owners residence, ar by mitten notice mailed to Iho Owners known address, it the identity of the animal owner fs known. I! needed to establish Iho identity o! the anhnal owner. inlormalion contained on any Idenliflcatlon, rabies, or liconsa tag found blacked to the animal Shall ba used, f8. T11CPrlS ITInN fSF 11,A PrlilNp~ AClEId9L5. Any animal impounded pursuant fo the provisions of this Ordinance, shall become the propery o1 Cho Eagle Cnunly Animal Control eher 5 days o} impoundment Each partial day of impoundment shall roam as one day. Eagle County Animal Conlroi may humanely eulhanixe any animal at any Lima pffor to Iha erpiratfon al the 5 day Impoundment period it Iha animal Is extremely injured or III, of II [he enlmal poses a risk to Iha health o! any person. Tha owner of any impounded anlmel shall be held responsible tar ail the costs of impoundment and boarding and such mete shall be fully paid prior to Iho refeasa of iha animal. 17. Fn11.(iAP rq gFRFli~4.~29Y FINE.;. 4$..,_F„EES OA COMPL}'~11I!J RFl F~^~ pjjp):RC aNn CTIPjII AnnNS. II shall be unlawful Im any animal owner 1o iMl to make arrangements far Iho redemption or surrender of any animal impounded pursuant to the provisions of this Ordinance, or to Fall io pay any lees associated with the redemption or surrender o} such anknal. 18, i(iRFATF{41Nn nF wlj,"pLiFn nq LIVFR~nC~. IS shalt ba unlewFrsl to tail to control any enlmal so as to prevent such animal }rum running offer, chasing, pursuing, biting, worrying, allacking, or Threatening wildlife or live5lpck Any anlmel lhreaiening wlldli}e ar livestock may be nnmodtafely destroyed a[ the discretion 01 any enlmal Control oNhCBr_ A vlolallun of This section shall requhe a mandatory court appearance Dy the animal owner. Upon convktlpn of any vlplBllon p} Ihia egclipr, Ihg animal Owner shall be required by the coral fo pay seslilupon for any Ilvestock or wildill9 Injured or kliled by the owner's animal or animals, 19. POI50NIN{s pNlyel c, No parson shell poison or distribute polsan in any manner w}Ih Cho Intent to palson Bny enlmal. II Is a specl}ic defense to a charge pf vloteling This subsection that the person Intended to polson mice, rats, or rodents other Then hamsters, guinea pigs, and squirrels by the use o} poisonous subsleace approved Iqr ouch use by the United Steles Environmental Profecllon Agency or that the parson was regularly engaged h rho business of lumlga[ion or post extermination and Was so licensed by ChB Slate of Colorado, 20. YRAPpINC,. A. When deemed necessary by Iho animal conhol officer for Iha health, salpty and welfare pl the rasldenls o1 the Town, such olhcars andlor thou agents may place or autho«zo the placement of a humane trap on any property in the Town when the resident, properly owner or properly manager requests such a Trap for rho purpose of capturing any wlyd Or pal anpnal creating fl nuisance in the Town. h shall be unlpwlul for any person B. II shell be unlawful for any person to sal or cause to be se[ within the Town limits, any steal few leghold trap, lethal snare. taffy body grip trap w any trap 4or the purpose of capturing or killing any animal. Phis subsection dpPS not apply to public ollicials in Iha exercise of their duties nor to iiconsad, recognized trapping companies utilizing such traps in cases of disease outbreak. In such cases Iha express permission of the owner o} the land must be given. Nothing in this subsection shall be deemed to prohibit the use of snap typo traps far mice ar refs. 21. ]~ISANCJ= RARKIN(j, A. It is unlawful for any dog owner to tail to proven) hl5 dog from dislurhing the peace of any other person by laud, habitual, and persistent barking, howling, yelping, ar whining, whether the dog is on or oil Iha dog owner 9 propedy. B. II is unlawful to possess any dog iha[ disturbs the peace of any parson as described In this S6clian alter the dog owner has received a written roaming as provided by this section. C No person shall be charged wNh a violation of this section unless a written warning has been given at ie0s1 seventy-1wa hours prior to iha issuance of the citation Tha name and address of the complainant shalt appear on the written roaming. 22. yARlTIIAt nFFFTJ f1P~. It shall be unlaw}ul for any person to became a habitual o}lender as defined In Ibis Ordinance, and any person so charged maybe charged In addition to any other oho rges brought pursuant to the provisions of this Ordinance and offending animals ordered lemoved from the Town of Vall anU/oY other such remedies as imposed by the Court. 23. ENFORr:FF4FNT. Animal cenlrol officers as defined in This Ordinance have Iha authority to issue a summons and complain) or penalty nssessment to any at}eged violator of Ibis Ordinance. The penalty assgssmanl shall be as set by the Municipal Judge for the Town of Vail. 24. PENALTIES. 7Tre following schedule shall apply io offenses charged pursuant 1o the panalEy assessment procedure: A. Far MI violatkpns not involving a dangerous or potentially dangerous anirrrai: Fir51 offense - $40.00 Second offense wphin prra year - $106.00 Subsequent offenses within one year- $150.(10 B. Far ail violations involving a pplenlially dangerous animal violations: First ollense - $75.00 Second ollense - $150.00 Subsequent olfensas - Mandatory court appeararloa C. Far all violations involving a dangerous dog al largo. a habitual plFender charge, poisoning, trapping, tailing to redeem animal Or 1a11ur8 to pay 11ne or leas. or Ihrea[ening of wildlife or Iwestock: Any offense - Mandatory Coud appearance. Mandatory Sine upon conviction o1 $300.00 plus all associaletl ousts and reslHution The above-slated htle5 are minimum penattie5 and all violallons are subject to Iha general line provisions o1 up to $1.1)00.00 line andlor up l0 180 days In Jail. 25. POWFp c1F MjlNj~jpAj COURT. In addition fo any penalties which may ba provided for in this title for violation of any provisions of this secllpn, the Municipal Judge shall have the authority, upon making a finding That the dog consli[ules a nuisance or Iha[ the dog constitutes e real and present danger to the citizens of the Town, to order That the dog be destroyed in a humane lashron. tf. CARRIAr: ~ npGBBTrnNF; 1, PERMIT 1R811ANCF A. The owners of horse drawn Carriages and their employees, agents, or subcontractors chap use and Occupy the public right or way in a safe and careful mannor. B. The signature oS Iho appncanl or an aulhorizod represenlalive on a pennil shall indicate Thal all conditions o) [hg appficalton and permit have been agreed upon and have been met, and Ihg applicant may undonake the activity specifically permitted. 2. TESTING. Eadt applicant and operator shall he tested by the Town o1 Vail or +ts representative to tletermine She applicant's ability to operate a horse drown CarrlagB, The applicant shall be responsible for Iha compelancy of a!I of his operators, carriages, and horses. In addition, Thereto, the Town reserves the right to require testing, observation of performance of any operator, carriage, or horse at any lime. Testing shall include, but Is no[ Lmiled to the 1o11owirog areas: A. General mechanical condition of carriage and hamess. 11) Carriage shall be in good conddion with all wheels In good Order and running free. Shags, fifth wheals and running gear shall bg inspected for condition. f2) Harnesses shall be Inspected for condilfon of worn feather, huckl0s, proper fit, and adju5lment on the horse. B. Driver testing for ability to harness horse and hitch to carriage, in a sale and compalent manner. 11) Driver shall demonstrate the ability to harness the horse and make necessary adluslmenis for a proper fll. (2) OrivBr shat! hitch horse to carriage and make atllustments for proper fit. C. Tosling of driver and horse under stress conditions for sale and prudent oparalion. ftj Driver shall maneuver through cone patterns showing ability of himsellfiersell to pedorm'ligute eight. turns right and loft, backing end malMaining a p,.,,,...a~.: stop. (2) Driver shall drive the above described pallems again while undergoing stress lasting. The suass feeling may include but Is not Ikmded to the lotlOwing: a, Banners a, Balloons c. Rallling Sin d. Black plastic e. FireCrackBrs t Umbrellas g. Various Hasa makers h. Sirens i, Fuses j. Rolling hnedubes k. Dogs endror other animals 3, tJ9SlBS OF nPpRgTION, Horse drawn ceuiages are permitted to operate at any time seven days a week except {a) between the hours of 2 P.M. to 5 P.M. an Bntlge Street, or {b) in the Village Core or Lionshead Village areas on Ihpse days or those times as deemed by She Town Manager when such operation would conslltule a hazard to the pubnc safely; e.g. 4th of July, New Years Eve, etc- and with cansideraYOn of extreme weather condtions. 4, AP~RIIVFD ROIITF^e, Horse drawn carriages may operate on any street within the Tpwv of Vail with Ihg ICIiDWing exceptions: A. on any "gated' area commonly found pn Town of Vail bus routes pr bus stops B. on any area commoMy referred to es a Meadow Drive and Ihg walking path which exists between Wesl Meadow pdve and Easl Lionshead Circle, running between Iha Dobson Ice Arena and the Evergreen Lodge will not be included in the restricted areas 5.1AW$~NE08CED. All state and municipal tmllic laws are held to apply to the operation h any Carriage within Ihg Town. Any inlraclion of said laws can rasuk In foss or suspension of cedilicate for operation {or the subject driver or rovxation of any Horse Drawn Carriage Agreement that has bean onlered into with the Town of VBiI. 6. CApRIAGFR I INATTFNOFn, Carriages shall at-RC-Sirnc not ba left unattended and tldvers will remain with the carriage and in control at all limes. Shouitl it ba necessary for the driver to leave the carriage unattended, the carriage shall be unoctupied and the horses shalt t7g securely lied to designated gxed objects. 7. f~1Nh1Il(Sh( r),F {;ARQI Af1p~, All Carriages used within the Town of Vail shall be well maintained, In neat appearance and hitched appropriately with safety and servicea bla harnesses. Lights ere to ba of such luminance as to be readily vlsiblg a1 500 h., front and rear, with signals for lams end stops. A braking System indepandenl o} the horse{sj is to be installed and serviceable on any carriage operating within the Town. A sounding device, ehher horn or bell, is l0 be available On Bac?1 Carriage. The horse(s) should be familiar with said device and demonstrate no adverse reaction fo such device when used. B. RFfTI IIRFD Fn111PMFNT, A. buckles (no snaps) on hamess ends S. throat tarok G. blinders D. nose band E. Brichen F. buckle sales or keepers behind all buckes G. whip H. round collar or breed copaY style hamess i. klckslrap d diapers K. sharp knife L. hamess bells M. reflectors on front of hllch s. y1.IM.PFA ~p (+nRSF nanwN CARRIAGES. II is She judgment vi the Town Council Thal in order to enable the Town bus system In lunclion properly and to prolocl pedestrians within the Town That cdntrolEing iha number o1 horse drawn carriages opereling within the Town ai Vail is within Iha public interest. To this end, the maximum number of horse drawn carriages to be operated ragulany on the streets of Vail is a Iola! of lour (4J 10 be allocated to all approved companies. The Tawn Manager has iha aulhorlty la specify the locations of gpaiation of the horse drawn carriages. The maximum and minimum nwnber o} horse drawn Carriages operated by any approved Company Shalt at all limes be within the limits determined by the Tawn Council and Town Manager applying the principles of a public convenience end necessky. 10. PENALTIES. The following schedule shall apply to oflen5es charged pursuant to the penally assessment procedure for ell offenses involving a catliage Oper'aliorr violation: First offense - $75 00 Second oNBnse • $150.80 Subsequent olfanses - Mandatory Court appoamrtce The above-staled fines am minimum penapies and a!I violations era subject So the general lino provisions of up to $1,000,00 fine antllor up [p 180 days In jail. There shall be a mandatory rgvocalion of a carriage operation's permd upon a third violation of this Ordinance within an elghleen (18] momh pe«od O} time. SECTION 3. CFVt"pa Rp ITV. IF any part, section. subsac{ion, sentence, clause or phrase of this Ordinance i5 Tor any reason held to be invalid, such decision shall not affect the validity of Iha remaining podkons o111ds Ordinance; and the Tawn Council hereby rtetlara5 i[ would have passed This Ordinance, end each part, Section, subsection, senence, clause or phrase Ihoreol, regardless of the {act Thal any ono or more parts, sections, subsections, sentences, clauses or phmSes ba declared InvaGtl. SECTION 4. The Tawn GaunCil hereby finds. tlelermines, and declares that This Ordinance is necessary and proper for the health, solely, and wet}era OS the Town of Vail and the inhabilams mereof. SEGTIpN 5. The repeal or the repeal and repnoclment pf any provision of Iha Municipal Coda of the Town of Vail as provided in this ordinance shell no[ hfert any right which has accrued, any duty imposed, any violation that occurred prior to the effective dale hereof. any prosecution commenced, nor any other achon or proceedings as commenced under or by vkrlua of Tha provision repealed or repealed and reenacted. Tt1e repeal of any provision hereby shalE not revive any provision or any ordinance previously repeated or superseded unless expressly stated herein. SECTION 6. All bylaws, orders, resoiution5, and ordinances, or pads Thereof, inconsistent herewim ere repeated la Iha extent only of such inconsistency. this repealer shall not be construed So revise any bylaw, order, resolution. or ordinance. or pad therool, Iherelolore repealed. INTPpDUGEO. READ, APPROVED, AND OADEREp PUBLISHED ONCE IN FULL ON FIHST HEADING This 18th day o1 April, 1995, and a public hearing shalt be held on this Ordinance on the 2nd day o! May, 1995, al 7:30 p.m. in the Council Chambers of [he Vail Municipal Building, Vad. Coorado. TOWN OF VAIL Merv LePin Mayer PrtrTem AT-!'EST: Holly L. McCmnhepn Town Glerk Published fn The Vall Troll on AprN 21, 1995 Public Notice ORDINANCE NO. B Serlea M 1995 AN DRDINANCE REPEALING ANO REENACTING ORDINANCE NO.7, SERIES OF 4993, TO PRgYIDE CHANRES TO AREA A REQUIREMENTS FOR SDD NO, 4 THAT CONCERN TlIE DEVELOPMENT PLANS FOR THE WESTHAYEN CONDOMINIUMS (THE RUINS) DEVELOPMENT SRE; AND SETTfNC FORTH DETAILS ]N REGARD 7HERETq, WHEREAS, Gerald Wuhrman has requasled an amendment to the existing Special peveiaprllenl District No. 4, Area A; and WHEREAS, the Planning and Environmental it is reasonable, appropriele, and barrel Town end iss citizens, inhabilanis, and repeal and reenact Ordinance No. 7, Se« to provide for such nhanges in Special D Dislricl No. 4, Cascade Village- NOW, THEREFORE, BC IT OHD THE TOWN COUNCIL DF ThIE T VAIL, COLORADO, TF1AT: Ordinance No. 1, Sorios of 1993, repealed and reenacted, as follows: ~aclkuLl,AmHttdmenl Prq~~ Pian2irm C:rxnmi Sinn Ram The approval procedures described 18.40 of the Vail Municif>aE Coda have be and iha Tawn Council has rec recom mendalions pl [he Plan Environmental Commission for an amo the devalopmenl plan for Special de District NO 4. Special Development District No. devalopmenl plans therefore. are hereh for the development of Special De DlslriCi No. 4 within the Fawn 01 Vail. 511^^ 3, Chapter 18.4G Special D District No. A, Cascade Village, is hareb Bnd m-enacted with amendments tr Idlows: 18,46.010 Puroosg Special Developmgnt Dislricl e51aNi5hed to ensure comprehensive de and use of an area in a manner ih harmonious rook the general character of provltle ndequata open space and re amenhies, and promote the objectives of of Vail Comprehensive Plan. Special De Dislricl No, 4 Is created to ensure development density will ba felativel suitable for the area end Ihg vicinity In situated, the tlevelopmenl is rag complementary la the Town by the To and the Planning Commission, and bee are signiltCan[ aspects o! Cho special De Dislricl which Cannot be satisfied th imposition of standard zoning dislrtc[s an 18.4&020 []afinBime For Cho proposes of This chapter, thr tlafinnion5 shall apply. A- 'Special s;Irachon" shall he da museum, seminar pr research center or r arts theater or cuflural cantor. B, 'Transient residential tlwelbn reslrictBtl dwelling unit' shall be deli dwo]Iing unit located in a muHi-family dwa managed as a short term ranlal in whlc unHS are operated under a single me providing Cho occupants Thereof cuslo services and facilities. A short term rank deemed to be a ranlal for a period of li exceed 31 days. Each umS shall not e square lest o1 GflFA which shall includ having a maximum of 35 square feel. T shall be designed So That it mpy be I separalad From the rest pF the unit in a iransignl dwelling orris shall ha acres common corridors, wallrs, or baiconie passing Through another accommoda dwelling unit, or a translenl residanlial d Should such units be developed as pond they shal4 be restricted as set forth rr 17.26 Condominiums and Con Conversions. Tho unit shall not be u permanent residence fractional tae own nor be allowed to be appliotl to transie units, For rho purposes of delarmining densty pan acre, translenl rasidenflal shall be counted as one hall of a dwellin Transient residanlial tlweHing unit roquiremenl shell he 0.4 space par Ur31 space per each 100 square lest of GR maximum of 1.0 space per unit. 18.46.030 Estahiisharl A. Special Davelopmenl Dislricl esteblEShad for the devalopmenl on a par comprising 97.955 arras as mare pr dascnbed in Ihg atlachad Exhibit A Development District No, 4 and She 97., may 4e referred 1a as'SDD No, A. B. Tha district shell consist of lour dgvelppmant areas, as idenli4ed in this consisting of fie following approximele sl Area Known As - Development Area Cascade village • A - 17.555 Coidstraam Candorninlums • B • 4. Glen Lyon Duplex Lats - C - 29.100 Glen Lyon Commercial Site - D - t. Dedicated Open Space • 40.400 Roads - 4.700 TOFAL - 97.955 18.A6.040 Development Plan--F Approval Procedure A. Each development area with the of Davelopmenl Areas A and D shall be a single devalopmenl plan. Oevelopme shall ba allowed l0 have two dBVebpmen the Cascade Club silo as approved by Council. The Waledord and Cornerstone be ahowed ono devefoprnenE pf Developmgnt Area D shall be allowed to d the approved phasing plans as epprov Tovm Council. The developer Shall have 1 proceed vmh Eke development plans or sr, dafa7ad in Section ! 8.46.103, U4. B. Amandmenls to SDD No. 4 sh with the procedures ouYlinod In Section 18 C. Each phase of development she prior to issuance of building permks, eppr Design Review Soard In accordance wdh provisions of Chapter 18.52. 18.48,050 Pemrillad Ilsas A, gmaP raanArw uicl~ 1. First floor commercial uses shall louses listed In 16.2A,030 A•C. 7Tre'flr 'street level' shall he detlned as [hat 4 bulldhg iha) Is orated al grade or street 2. All other Moor levels besides IIrs11 level may include retaih Theater, Ye51a office except Ihm no professknal or bust Bhall be laCA1Btl On a[rBet IBVBI Or first defined fn Seclbn 18.24.030 A of Ihg T zoning code In Area A) unless ll f eccessefy !o a lodge or aducatipnal ' except for an oilice space having a square footage of 925 square fee[ beat tlrsl Sbor on Iho nodhwesl corner of I Coherence Center building; 3. Lodge; 4. Muk6family dwe0ing; 5. Single Family dwellhg; 6. TwtrFamlly rlweliing; 7, Tmnsienl residanlial dwelling unit; 8. Employee dwelling as defined i 1 B.AS.22a; 9. Cascade Club addition of a la gymnasium. B. Area R. r-in[dslream Cnndnminiu