HomeMy WebLinkAboutbocc.ord.016.2019 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,AMENDING THE 2013 ROARING FORK GORGE
MANAGEMENT PLAN TO ALLOW DOGS TO BE WALKED OFF LEASH UNDER
VOICE AND SIGHT CONTROL ALONG A PORTION OF THE JAFFEE RIVER
TRAIL.
ORDINANCE NO. a -2019
RECITALS
WHEREAS, Pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("BOCC") of
Pitkin County, Colorado a Home Rule County is authorized to make and publish ordinances for
carrying into effect or discharging the powers and duties conferred upon such counties by law
and as seems necessary, and
WHEREAS, Pursuant to Section 2.8.1 of the Home Rule Charter("HRC"), the BOCC is
authorized to take official action by Ordinance for certain matters where action is prescribed
pursuant to the Colorado Revised Statutes as amended, and
WHEREAS, The Voters of Pitkin County and the Pitkin County Commissioners established an
Open Space and Trails Fund for the purposes of preserving and providing open space and trails
resources in Pitkin County, and established an Open Space and Trails Board of Trustees to guide
the expenditure of those funds.
WHEREAS, The Open Space and Trails Program is charged with protecting public access to
waterways, scenic view planes, and habitat.
WHEREAS, Open Space and Trails Board Stewardship Policy#1 provides that a management
plan should be adopted for all fee owned open space properties.
WHEREAS, Title 12 of the Pitkin County Code, article 12.04.060, authorizes the Open Space
Board to adopt management plans for Open Space and Trails properties, and requires Board of
County Commissioner action by Ordinance when such plans require special use rules that differ
from the general open space rules in Title 12.
WHEREAS, The Roaring Fork Gorge Management Plan was adopted by the Open Space and
Trails Board in 2013.
WHEREAS, a voice and sight control trail in this area, where the conditions are conducive to
allowing for off-leash dog use and should not diminish natural resource or habitat values or
create user conflicts is requested and supported by community members.
WHEREAS, The proposed amendment to the Roaring Fork Gorge Management Plan, would add
a management action titled "4.3:9 Jaffee River Trail Voice and Sight Control Regulations"under
section "4.3 Recreational Use, Parking and Amenities." The special rule will allow dogs that are
under voice and sight control to be walked off leash on the 1.12-mile stretch of the Jaffee River
Trail extending south from the gate at the parking area turn-around. This special rule requires
approval by the Board of County Commissioners.
WHEREAS, The Open Space and Trails Board passed a unanimous motion recommending that
the Board of County Commissioners approve an ordinance amending the Roaring Fork Gorge
Management Plan to allow voice and sight control along the specified portion of the Jaffee River
Trail on April 4, 2019.
WHEREAS, The BOCC finds that adoption of this Ordinance is in the best interest of the
citizens of Pitkin County and is important to the preservation of the public health, safety and
welfare of the citizens of Pitkin County and therefore declares this Ordinance to be effective
immediately upon adoption.
WHEREAS, 5.04.070 of the Pitkin County Code currently defines a dog running at large on
public property as any dog that is not on leash, cord or chain. OST staff has identified the need
to harmonize the language of 5.04.070 with the intent of this ordinance, as well as, other OST
properties whereon there has been an adopted ordinance allowing dogs under sight and sound
control.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an ordinance amending the 2013 Roaring Fork Gorge
Management Plan (Attachment A) to allow dogs to be walked off leash under voice and sight
control along a portion of the Jaffee River Trail, subject to a condition that the BOCC
subsequently approve and adopt a Pitkin County Code Amendment regarding "5.04.070: Dog
Running at Large" allowing for an exemption from that definition for specifically identified
properties managed by OST and authorizes the Chair or the Chair's designee to sign the
Ordinance and upon the satisfaction of the County Attorney as to form, execute any other
associated documents necessary to complete this matter.
al
INTRODUCED AND FIRST READ ON THE /'yam DAY OF Y'< 1 , 2019 AND
SET FOR SECOND READING AND PUBLIC HEARING ON THE 6f4,- DAY OF
'r l c 2019.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
OR INANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE V S°(' DAY OF
, 2019.
•
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIA ITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE
9514- DAY OF .i 1 2019.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 0 DAY
OF rye c� 2019.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE /6 Si' DAY OF pi , 2019.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE (ilk, DAY OF YY1 evr , 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
B /i ./ /I �G �� i. By:
Jea�� -tte Jones / Greg Poschman, Chair
De p ty County Cler
Date: S/t IV/ 9
APPROVED AS TO FORM: MANAGER APPROVAL
--__________ tt,,I ; Actk, ir 4:p
John Y, Co atrIcineY Jon Pea ock, County Manager