HomeMy WebLinkAboutbocc.ord.014.2020 1AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, REPEALING ORDINANCES 01-2009 AND 16-
2019 AND ADOPTING AN ORDINANCE PROHIBITING DOGS TO BE WALKED OFF
LEASH ALONG SMUGGLER MOUNTAIN ROAD AND THE HUNTER CREEK
CUTOFF TRAIL AND A PORTION OF THE JAFFEE RIVER TRAIL
ORDINANCE NO. 014-2020
RECITALS
WHEREAS, Pursuant to 30-35-301 C.R.S., the Board of County Commissioners (`BOCC") of
Horne Rule Counties 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 2.8.2 of the Home Rule Charter ("HRC"), the Board of County
Commissioners is authorized to take official action by Emergency Ordinance for certain matters
where action is prescribed pursuant to the Colorado Revised Statutes as amended, and;
WHEREAS, Title 12 of the Pitkin County Code, article 2-4, 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 of the Pitkin County Code, and.;
WHEREAS, Section 5.04.070(2) of the Pitkin County Code allows for an exemption from the
County leash law by ordinance for specifically identified Open Space and Trails Property, and;
WHEREAS, the BOCC adopted Ordinances 01-2009 and 16-2019 to include a special use rule
in the Smuggler Mountain Open Space Management Plan (Section 4.3.5(2)) and the Roaring
Fork Gorge Management Plan (Section 4.3.9) allowing dogs to be walked off leash on Smuggler
Mountain Road and the Hunter Creek Cutoff Trail and on that 1.12 mile stretch of the Jaffee
Trail extending south from the gate at the parking area turn- around, respectively, and;
WHEREAS, the County's Public Health Order implementing actions and prohibitions necessary
for the health and safety of the residents of Pitkin County in light of the COVID-19 virus
includes a social distancing requirement that is difficult to maintain in the presence of off leash
dogs, and;
WHEREAS, the BOCC desires to prohibit off leash dogs on Smuggler Mountain Road and the
Hunter Creek Cutoff Trail and on the specified portion of the Jaffee Trail where off leash dogs
are allowed, while the County Public Health Order is in effect, and;
WHEREAS, the special use rules in Section 4.3.5(2) of the Smuggler Mountain Open Space
Management Plan and Section 4.3.9 of the Roaring Fork Gorge Management Plan allowing dogs
to be under voice and sight control shall be repealed, and;
WHEREAS, the provisions of Title 12 of the Pitkin County Code, Sections 2.1.8 and 2.3.7,
requiring that wherever dogs are allowed they must be leashed at all times on Open Space trails,
shall be in full force and effect, and;
WHEREAS, The BOCC finds that adoption of this ordinance is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County and
therefore declares this ordinance and legislation to be effective immediately pursuant to HRC
Section 2.8.2.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an Ordinance Repealing Ordinances 01-2009 and 16-
2019 and Adopting an Ordinance Prohibiting Dogs to be Walked Off Leash on Smuggler
Mountain Road and the Hunter Creek Cutoff Trail and a Portion of the Jaffee Park Trail 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.
INTRODUCED, READ AND ADOPTED AS AN EMERGENCY ORDINANCE AT A
SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS ON THE i `E -"—
DAY OF APRIL 2020 AND SET FOR CONFIRMATORY PUBLIC HEARING ON THE 13TH
DAY OF MAY 2020.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY
OF THE EMERGENCY ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON
THE 23rd DAY OF APRIL 2020.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE
EMERGENCY ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE
www.pitkincounty.com ON THE 16TH DAY OF APRIL 2020.
CONFIRMED AT A PUBLIC HEARING ON THE 13TH DAY OF MAY 2020.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC
HEARING, IN THE ASPEN TIMES WEEKLY ON THE 20TH DAY OF MAY, 2020.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE www.pitkincounty.com ON THE 14TH DAY OF MAY 2020.
THIS ORDINANCE IS EFFECTIVE ON APRIL 14, 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By .ot- )6w -s
Jeanette Jones
Deputy County Clerk
APPROVED AS TO FORM:
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John Ely, County Attorney
By: X41 --e, F. CW
Steven F. Child, Chair
Date:
MANAGER APPROVAL
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Phylis Mattice for Jon Peacock, County Manager