ORDINANCE NO. 1614 SERIES OF 2025 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TELLURIDE, COLORADO CLARIFYING USE PROHIBITIONS AND RESTRICTIONS ON THE PROPERTY KNOWN AS THE TELLURIDE VALLEY FLOOR OPEN SPACE AND RESCINDING EMERGENCY ORDINANCE NO. 1289 WHEREAS, the Town of Telluride, Colorado (the "Town") is a duly organized and existing home rule municipality of the State of Colorado (the "State"), created and operating pursuant to Article XX oft the Constitution of the State and the home rule charter ofthe Town (the "Charter"); and WHEREAS, in the Town's acquired the land described as the Telluride Valley Floor Open Space ("Valley Floor") in 2008; and WHEREAS, the Valley Floor possesses natural, ecological, educational, riparian, environmentally sensitive areas, significant relatively natural habitat for native plants and wildlife, and scenic vistas of great importance to the public; and WHEREAS, the Town passed Emergency Ordinance #1289 on June 24, 2008 to restrict certain activities and apply all Town ordinance and penalties to the Valley Floor until after completion of the Valley Floor Environmental Report and following the application of the Valley Floor Open Space Conservation Easement and associated Telluride Valley Floor Open Space Management Plan; and WHEREAS, the Valley Floor Environmental Report has been completed and the Town passed Ordinance #1315 on June 23, 2009 adopting the Valley Floor Conservation Easement ("Conservation Easement") and Resolution #18 on August 4, 2009 adopting the Valley Floor Management Plan ("Management Plan"); and WHEREAS, approximately 566 acres ofthe Valley Floor has been annexed by the Town. A map ofthe Valley Floor, as amended, is attached hereto as Exhibit A; and WHEREAS, the Conservation Easement and Management Plan set forth prohibitions and restrictions for activities on the Valley Floor; and WHEREAS, the Town Council deems it necessary to clarify its intention to restrict certain activities on the Valley Floor and apply all Town ordinances and penalties to the Valley Floor; and WHEREAS, the Town Council of the Town has determined and now hereby decrees that this Ordinance is in the best interests oft the Town, its inhabitants, and the Valley Floor. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TELLURIDE, COLORADO: Section 1. The Town of Telluride hereby rescinds Ordinance 1289 in its entirety and replaces such with the following. Section 2. The Town of Telluride has full control, power and authority in the management, control and maintenance of the Valley Floor, including the extension to the Valley Floor ofall Town ordinances and penalties as contained in the Telluride Municipal Code. Section 3. The Town ofTelluride hereby provides fort the regulation and control of the Valley Floor Open Space by preventing the commission of certain acts and declaring the same to be unlawful: A. It shall be unlawful to engage in any commercial or industrial use on the Valley Floor, except for commercial non-motorized hang/paragliding landings on the Pearl Property portion of the Valley Floor as further set forth in Telluride Municipal Code $10-9- 20(b). B. It shall be unlawful to engage in any educational activities on the Valley Floor, except those authorized by the Management Plan. C. It shall be unlawful to engage in any organized gatherings or recreational events on the Valley Floor, except those authorized by the Management Plan. D. It shall be unlawful for any person to camp overnight on the Valley Floor, except as authorized by the Management Plan. E. It shall be unlawful for any person to bicycle on the Valley Floor, except on designated trails or pathways or as authorized by the Management Plan. F. It shall be unlawful for any person to play golf or any golf-related activities on the Valley Floor. G. It shall be unlawful to create or make any athletic or playing fields or sports courts on the Valley Floor. H. It shall be unlawful to create or make any new permanent road on the Valley Floor. I. It shall be unlawful for any person to discharge or carry firearms, crossbows, fireworks, pellet guns, paint guns, or projectile weapons, of any kind on the Valley Floor (except law enforcement officials and as allowed to carry out a wildlife management program). J. It shall be unlawful for any person to ignite or discharge fireworks on the Valley Floor. K. It shall be unlawful for any person to light or cause the ignition of any fire on the 2 Valley Floor, except as authorized by the Management Plan. L. It shall be unlawful for any person or owner to allow domesticated animals, including dogs, on the Valley Floor, except as authorized by the Management Plan. Further, Service Dogs may be permitted on the Valley Floor upon approval by the Town Manager. M. It shall be unlawful for any person to feed, disturb, trap, hunt, or kill wildlife on the Valley Floor and to use the Valley Floor to access nearby areas on which to hunt is expressly prohibited (except as allowed to carry out wildlife management program). N. It shall be unlawful for any person to collect, geo-cache, remove, destroy, or deface any natural or manmade objects including cultural resources on the Valley Floor. O. It shall be unlawful for motorized vehicles ofany kind to be on the Valley Floor, except for authorized personnel engaged in patrol, rescue, emergency, maintenance, including trail grooming, restoration and remediation, refuse and rubbish removal, and other activities authorized by the Management Plan. P. It shall be unlawful for any person to fly or use drones on the Valley Floor, except for Town approved scientific data collection and monitoring. Such use shall be consistent with Article 11 of Section 10 of the Telluride Municipal Code which governs unmanned aircraft systems. Q. It shall be unlawful for any person to engage in disorderly conduct (including amplified sound), or any activities that unduly interfere with the health, safety, and welfare of wildlife, Vally Floor users, or the neighbors in the area, or that create a nuisance or hazard to the use and safety of persons using the Valley or the neighbors in the area. R. It shall be unlawful to construct or reconstruct any structure on the Valley Floor, except those identified in the Management Plan. S. It shall be unlawful to construct fences on the Valley Floor, except as authorized by the Management Plan. T. It shall be unlawful to harvest timber on the Valley Floor; except trees may be cut and/or removed to control insects and disease, to control invasive nonnative species, to mitigate wildfire danger, and to prevent personal injury and property damage, as authorized by the Management Plan. U. It shall be unlawful to graze livestock on the Valley Floor, except as authorized by the Management Plan. 3 V. It shall be unlawful to mine or alter the surface the Valley Floor, including any activity related to the exploration for, or development or extraction of, soil, sand, gravel, rock, lodes of quartz, or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, peat, oil, natural gas, fuel, or any other mineral or hydrocarbon substance; unless associated with restoration, trails, or cultural resource interpretative projects authorized by the Management Plan. W. It shall be unlawful to drain, fill, dredge, or dike a wetland area located on the Valley Floor unless authorized by and in accordance with the Management Plan, or any local, state, or federal law. X. It shall be unlawful to dump or leave uncontained accumulation of any kind of trash, refuse, debris, fill material, or hazardous material on the Valley Floor, as these terms are defined under any applicable county, municipal, state, or federal law, rule, ordinance, direction, or regulation, as may be amended from time to time. Y. It shall be unlawful to engage in any uses or activity that cause or are likely to cause significant soil degradation, erosion, or significant pollution of any surface or subsurface waters on the Valley Floor. Z. It shall be unlawful to pave or otherwise cover the Valley Floor with concrete, asphalt, or any other paving material without the advance written permission of San Miguel Conservation Foundation. Section 4. Unless otherwise provided by the terms of the Telluride Municipal Code, violations of the terms and restrictions of this Ordinance shall be punishable under the General Penalty Designation of the Town Municipal Code $1-4-10(a)(2). Section 5. If any section, paragraph, sentence, clause or provision of this Ordinance shall for any reason be held to be unconstitutional, invalid or unenforceable for any reason, such decision shall not affect the constitutionality or validity of the remaining portions of this Ordinance. The Town Council hereby declare that it would have passed this Ordinance and each part hereof irrespective of the fact that any one part be declared unconstitutional or invalid. Section 6. This Ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue ofthe ordinances repealed or amended as herein provided and the same shall be construed and concluded under such prior ordinances. Section 7. Effective Date This ordinance shall become effective upon the date of publication of notice ofi its passage in a newspaper of general circulation within the Town ofTelluride. 4 Section 8. Public Hearing A public hearing on the ordinance shall be held on the Ist day of. July 2025, in the Town Council Chambers, Rebekah Hall, 113 W. Columbia Avenue, Telluride, Colorado. INTRODUCED, READ AND REFERRED to public hearing before the Town Council ofthe Town of Telluride, Colorado on the 3rd day of June 2025. TOWN OEELLURIDE ATTEST By: MW Teddy Errico, Mayor Tiffany Kavanaugh, Town Clerk HEARD AND FINALLY ADOPTED by the Town Council of the Town of Telluride, Colorado this 1 day of Suly 2025. TOWN OF TEELURIDE ATTEST By: wt Teddy Errico, Mayor Tiffany Kavanaugh, Town Clerk Approved as to form: pe Kevin/J. Gelger, Town Attorney 5 STATE OF COLORADO COUNTY OF SAN MIGUEL SS. TOWN OF TELLURIDE I, Tiffany Kavanaugh, the Town Clerk ofthe Town of Telluride, Colorado (the "Town"), do hereby certify: The foregoing pages are a true and correct copy of an ordinance (the "Ordinance") passed and adopted by the Town Council (the "Council") oft the Town at a regular meeting ofthe Council held on Mly I 2025. The Ordinance was duly moved and seconded and the Ordinance was adopted at the Town Council meeting of Suly 2025, by an affirmative vote of the members of the Council as follows: Name "Yes" "No" Absent Abstain Teddy Errico, Mayor Dan Enright Meehan Fee, Mayor Pro-Tem Elena Levin Geneva Shaunette Ashley Story Von Spreecken Jessie Rae Arguelles The Ordinance was approved and authenticated by the signature of the Mayor, sealed with the Town seal, attested by the Town Clerk and recorded in the minutes oft the Council. There are no bylaws, rules or regulations of the Council that might prohibit the adoption ofs said Ordinance. The members ofthe Council were present at the meeting and voted on the passage of ihahge as set forth above. AL 2 4 LwwA Tiffany Kavanaugh, Town Clerk SEAL cO MIGUEL 20I ERADO 5 - A 6