Municipal Code Disclaimer:
The Town attempts to regularly update the Municipal Code sections that are posted on the website. HOWEVER, there are times that some period of time may elapse before the updates are completed, so at any given time, the web site may not show the latest Code amendments. For this reason, the Town of Dinosaur makes no guarantee that we have posted all updates to the Municipal Code. We realize that access to accurate information is often vital to a project or situation and for that reason we would ask that before you proceed, you confirm with the Town Clerk that the particular Municipal Code reference that you are relying on has been posted with all updates.
-
- 1.01 Code Adoption
-
1.01.010 Adoption.
1.01.020 Repeal of Prior Ordinances.
1.01.030 Effect on Past Actions and Obligations.
1.01.040 Severability.
1.01.010 Adoption.
Pursuant to the authority conferred by Title 31, Article 16, Part 2 of the Colorado Revised Statutes, there is adopted that certain Code, entitled the “Dinosaur Municipal Code,” together with all ancillary codes duly described in said Code and incorporated therein by reference. It shall be sufficient to refer to said Code as the “Dinosaur Municipal Code” or the “Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the “Dinosaur Municipal Code” or the “Code.” References may be made to the Titles, Chapters, Sections and subsections of the “Dinosaur Municipal Code” or the “Code” and such references shall apply to those Titles, Chapters, Sections or subsections as they appear in the Code.
1.01.020 Repeal of Prior Ordinances.
All ordinances of a general and permanent nature enacted on or before _April 12, 2022_, and not included in the Code or recognized and continued in force by reference therein are repealed unless otherwise provided.
1.01.030 Effect on Past Actions and Obligations.
The adoption of the Code does not affect prosecutions for ordinance violations committed prior to the effective date of the Code, does not waive any fee or penalty due and unpaid on the effective date of the Code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance.
1.01.040 Severability.
If any Section, subsection, sentence, clause or phrase of the Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity if the remaining portions of the Code.
- 1.04 General Provisions
-
1.04.010 Definitions.
1.04.020 Title of Office.
1.04.030 Interpretation of Language.
1.04.040 Grammatical Interpretation.
1.04.050 Acts by Agents.
1.04.060 Prohibited Acts Include Causing and Permitting.
1.04.070 Computation of Time.
1.04.080 Construction.
1.04.090 Repeal Shall Not Revive Any Ordinances.
1.04.010 Definitions.
The following words and phrases, whenever used in the ordinances of the Town of Dinosaur, Colorado, shall be construed as defined in this Section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words and phrases:
A. “County” means the County of Moffat, State of Colorado.
B. “Law” denotes applicable federal law, the Constitution and statutes of the State of Colorado, the ordinances of the Town of Dinosaur, Colorado, and, where appropriate, any and all rules and regulations which may be promulgated thereunder.
C. “May” is permissive.
D. “Month” means a calendar month.
E. “Municipal Code” means the Town of Dinosaur Municipal Code as in effect or hereafter amended or enacted.
F. “Must” and “shall” are each mandatory.
G. “Oath” includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
H. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.
I. “Person” includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, limited liability company, business, trust, organization or the manager, lessee, agent, servant, officer or employee of any of them.
J. “Personal property” includes money, goods, chattels, things in action and evidences of debt.
K. “Preceding” and “following” means next before and next after, respectively.
L. “Property” includes real and personal property.
M. “Real property” includes lands, tenements and hereditaments.
N. “Sidewalk” means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
O. “State” means the State of Colorado.
P. “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the Town which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.
Q. “Tenant” and “occupant,” applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.
R. “Town” means the Town of Dinosaur, Colorado, formerly known as the Town of Artesia, or the area within the territorial limits of the Town of Dinosaur, Colorado, and such territory outside the Town of Dinosaur over which the Town of Dinosaur has jurisdiction or control by virtue of any constitutional or statutory provision.
S. “Town Council” and “Council” each mean the Town Council of the Town of Dinosaur, also known as the Board of Trustees. “All its Members” or “all Councilpersons” mean the total number of Councilpersons holding office.
T. “Written” includes printed, typewritten, photocopied, facsimile or otherwise reproduced in permanent visible form.
U. “Year” means a calendar year.
1.04.020 Title of Office.
Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the Town of Dinosaur.
1.04.030 Interpretation of Language.
All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
1.04.040 Grammatical Interpretation.
The following grammatical rules shall apply in the ordinances of the Town of Dinosaur, unless it is apparent from the context that a different construction is intended:
A. Gender. Each gender includes the masculine, feminine and neuter genders.
B. Singular and Plural. The singular number includes the plural and the plural includes the singular.
C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.
1.04.050 Acts by Agents.
When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent.
1.04.060 Prohibited Acts Include Causing and Permitting.
Whenever in the ordinances of the Town of Dinosaur any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
1.04.070 Computation of Time.
Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.
1.04.080 Construction.
The provisions of the ordinances of the Town of Dinosaur, and all proceedings under them, are to be construed with a view to affect their objects and to promote justice.
1.04.090 Repeal Shall Not Revive Any Ordinances.
The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby.
- 1.08 Town Seal
-
1.08.010 Established.
1.08.010 Established.
A. A seal, the impression of which shall be as follows: in the center the word “SEAL” and around the outer edge the words “TOWN OF DINOSAUR, COLORADO” and below the word “seal” the words “Incorporated December 9, 1947”, and shall be and is hereby declared to be the corporate seal of the Town of Dinosaur, Colorado.
(Ord. 1, 1947)
B. All the attestations made to papers issued under authority of, and attested by, the Seal of the Town prior to the date of the passage of this Chapter the impression of which Seal is, as described in subsection (A) of this Section, are declared to have been, and now to be, the attestations of the Town.
- 1.12 General Penalty
-
1.12.010 General Penalties.
1.12.020 Juvenile Offenders - Penalties.
1.12.010 General Penalties.
A. Any person who performs or fails to perform an act where performance or failure to perform is declared in any provision of the Dinosaur Municipal Code, or any rule or regulation promulgated thereunder, to be unlawful, or commits a criminal offense, or a misdemeanor, or any person who performs an act which is prohibited or fails to perform an act which is required by any provision of the Dinosaur Municipal Code, or any rule or regulation promulgated thereunder, or any person who fails to meet a standard of conduct or behavior prescribed in a provision of the Dinosaur Municipal Code for which no specific penalty is provided, upon conviction thereof, shall be punished as provided in subsection (B) of this Section.
B. Any person convicted or found liable for a violation of any provision of the Dinosaur Municipal Code, or any rule or regulation promulgated thereunder, shall be punished by a fine of not more than three hundred dollars ($300.00), by incarceration not to exceed ninety (90) days, or by both such fine and incarceration, unless otherwise specifically provided in any other provision of the Dinosaur Municipal Code.
C. A separate and distinct offense shall be deemed to have been committed for each day on which any violation of the Dinosaur Municipal Code, or any rule or regulation promulgated thereunder, shall continue.
D. Unless otherwise provided in the Dinosaur Municipal Code, the Municipal Judge may suspend the sentence or fine of any violator and place him on probation for a period not to exceed one (1) year.
(Ord. 81, §1, 1993)
1.12.020 Juvenile Offenders-Penalty.
A. For the purposes of this Section, a “juvenile offender” is defined as any person accused of an offense pursuant to the Dinosaur Municipal Code who, on the date of the alleged offense, was at least ten (10) years of age, but had not yet attained the age of eighteen (18) years.
B. Except as to alleged violations of the Model Traffic Code, as adopted by reference, any juvenile offender convicted of a violation of the Dinosaur Municipal Code, or any rule or regulation promulgated thereunder, shall be punished by a fine of not more than three hundred dollars ($300.00), unless otherwise provided by the specific section alleged to have been violated. Notwithstanding any other provision contained in the Dinosaur Municipal Code to the contrary, a juvenile offender shall not be subject to incarceration, except as herein provided. Any juvenile offender convicted or found liable for a violation of any provision of the Model Traffic Code, as adopted by reference, may be punished by a fine of not more than three hundred dollars ($300.00), or by incarceration not to exceed ninety (90) days, or by both such fine and incarceration.
C. Nothing contained in this Section shall be construed to abrogate, abolish, or otherwise limit the power of the Municipal Court to incarcerate a juvenile offender before the Court for contempt of court, whether failure to obey a summons, subpoena, or other lawful order of the Court, including an order to pay a fine, or by personal conduct before the Court. In addition, the Municipal Court may incarcerate a juvenile offender for violation of probation conditions imposed by the Court. The Municipal Court shall have the authority to order a juvenile offender confined in a juvenile detention facility operated or contracted by the Colorado Department of Institutions or a temporary holding facility operated by or under contract with a municipal government. Any confinement of a juvenile offender for contempt of Municipal Court or for violation of probation conditions shall not exceed forty-eight (48) hours.
D. Notwithstanding any other provision of law, a juvenile offender arrested for an alleged violation of a municipal ordinance, convicted of violation of a municipal ordinance or probation conditions imposed by the Municipal Court, or found in contempt of court in connection with a violation or an alleged violation of the Dinosaur Municipal Code shall not be confined in a jail, lockup, or other place used for confinement of adult offenders but may be held in an juvenile detention facility operated or under contact with the Department of Institutions or a temporary holding facility operated by or under contract with the municipal government which shall receive and provide care for such child.
E. Upon the request of the Municipal Judge, the Town Marshal, the prosecuting attorney, or the defendant, the Clerk of the Municipal Court shall issue a Notice of Required Appearance for the appearance, at any and all stages of the Court’s proceedings, of the parent, legal guardian, or lawful custodian of any child under eighteen (18) years of age who is charged with an offense under the Dinosaur Municipal Code. Any person who fails to appear pursuant to such Notice shall be deemed to be in contempt of the court.
F. The presiding judge of the Municipal Court may promulgate such rules or orders regarding the procedural processing of juvenile offenders appearing before the Municipal Court as (s)he may, from time to time deem appropriate.
(Ord. 81, §2, 1993)
-
- 2.02 Town Council and Mayor
-
2.02.010 Town Council-Term.
2.02.020 Mayor-Term.
2.02.030 Town Council, Mayor-Vacancies.
2.02.010 Town Council-Term.
In order to establish an orderly transition from the existing terms of office it is hereby established and ordained that during the next regular election the three council members obtaining the highest number of votes shall be seated for four-year terms, each for a four-year term. The three additional council members elected at the next annual election, receiving the three least number of votes shall be seated on the Town Council and hold office for a period of two years and that time the three new additions to the Town Council shall be open for election. Those persons elected in the 1982 election to fill the three vacancies shall commence serving four-year terms. It being the intent and purpose of this Section to establish overlapping terms of office for all council members with three council members being elected during any two-year election, after the 1980 general election.
(Ord. 47 1979)
2.02.020 Mayor-Term.
The office of Mayor shall be for two years from the date of election.
(Ord. 47 1979)
2.02.030 Town Council, Mayor-Vacancies.
A. The Town Council shall have the power, by appointment, to fill all vacancies in the Council, including the office of Mayor, and the person so appointed shall hold his office until the next regular election and until his successor is elected and has complied with Section 31-4-401, C.R.S., as amended. If the term of the person creating the vacancy was to extend beyond said next regular election, the person elected to fill the vacancy at said election shall be elected for the remainder of the unexpired term only.
Where a vacancy or vacancies exist in the office of Councilperson, and a successor or successors are to be elected at the next election to fill the unexpired term or terms, the three (3) candidates for Councilperson receiving the highest number of votes shall be elected to four-year (4) terms and the candidate or candidates receiving the highest number of votes, in descending order, shall be elected to fill the unexpired term or terms.
C. If a vacancy in the Council, including the Office of Mayor, is not filled by appointment or an election is not ordered within sixty (60) days after the vacancy occurs, the Town Council shall order a special election, subject to the requirements of the Colorado Municipal Election Code, to be held as soon as practicable to fill the vacancy until the next regular election and until his successor has been elected and has complied with Section 31-4-401, C.R.S., as amended. If the term of the person creating the vacancy was to extend beyond the next regular election, the person elected to fill the vacancy shall be elected for the unexpired term only.
- 2.04 Town Offices Generally
-
2.04.010 Town Officers-Appointment.
2.04.020 Town Officers-Oath.
2.04.030 Town Officers-Surety Bond Required.
2.04.040 Town Officers-Vacancy.
2.04.050 Administrative Functions-Mayor.
2.04.060 Town Administrator-Duties.
2.04.070 Town Clerk-Duties.
2.04.080 Town Treasurer-Duties.
2.04.090 Town Attorney-Duties.
2.04.100 Town Officers-Removal.
2.04.010 Town Officers-Appointment.
The Town Council shall appoint the following Town officers: Town Clerk, Town Treasurer and Town Attorney. The Town Council may also appoint a Town Administrator as an officer. The appointment of said Town officers shall be for a period established at the time of appointment, but in no event shall continue beyond thirty (30) days after compliance with Section 31-4-401, C.R.S., as amended, by members of the succeeding Board of Trustees.
The Town Council may enter into a written contract with any Town officer. Such contract shall be supplemental to the provision of this Section. The provisions of this Section shall supersede any such contract when in conflict.
(Ord. 2 §1 1947; Amended Ord. 78 Part IV, §4.1 1993)
2.04.020 Town Officers-Oath.
Each of the officers appointed under Section 2.04.010 of this Chapter before entering upon the duties of such office, shall take an oath of affirmation, administered by the Municipal Judge, Town Clerk, or other person who is designated by the Town Council, or who is authorized by law to administer such oaths, to support the Constitution of the United States, the Constitution of Colorado and the laws of the State of Colorado and the Town of Dinosaur, and faithfully perform the duties of his/her office.
(Ord. 2 §4 1947; Amended Ord. 78 Part IV, §4.2 1993)
2.04.030 Town Officers-Surety Bond Required.
(a) Each of the following officers shall execute a bond with sureties approved by the Town Council in the following amounts:
Mayor $5,000.00
Town Clerk $5,000.00
Town Treasurer $5,000.00
Said bond shall be conditioned upon the faithful discharge of the duties of their office and for the care and disposition of municipal funds in their hands. The cost of said bond shall be paid by the Town of Dinosaur.
(b) The Town Council shall declare vacant the office of any person appointed to office who fails to give a bond when required within ten (10) days after notification of appointment and shall proceed to appoint another person as in other cases of vacancy. In the event the official bond of an officer, after taking and approval thereof, becomes insufficient by reason of the death or insolvency of any of the sureties thereon, the Town Council shall require the officer to procure additional sureties or to give a new bond and may designate the time when such additional sureties or new bond shall be furnished, which shall not be less than ten (10) days. In the event the additional sureties or new bond is not furnished within the time so designated, the office shall be declared vacant, and the vacancy shall be filled by appointment as provided by law.
(Ord. 78 Part IV, §4.3 1993)
2.04.040 Town Officers-Vacancy.
The Town Council has the power by appointment, to fill all vacancies in any appointed Town office, and the person so appointed shall have his/her office until the next regular election and until members of the Town Council have complied with Section 31-4-401, C.R.S., as amended.
(Ord. 78 Part IV, §4.4 1993)
2.04.050 Administrative Functions--Mayor.
The Mayor, under the authority and direction of the Town Council, shall be responsible for the efficient administration of the affairs of the Town, unless otherwise expressly provided for in the Dinosaur Municipal Code. Except as otherwise provided herein, the Mayor shall be responsible for the administration of this Title, pursuant to the authority and direction of the Town Council.
The Mayor shall report to the Council, at each regular meeting of the Town Council, all significant administrative decisions made and actions taken by him since the last regular meeting of the Council. Specifically, the Mayor shall report to the Council all decisions made by him concerning personnel matters and shall discuss with the Town Council any personnel decisions contemplated by him.
2.04.060 Town Administrator-Duties.
The Town Administrator shall be the chief executive officer of the Town.
(Ord. 61 §II, 1983)
A. Supervision Received. The Town Administrator shall work under the general guidance and direction of the Mayor and Town Council.
B. Supervision Exercised. The Town Administrator shall exercise supervision over all Town employees.
C. Essential Duties and Responsibilities. The Town Administrator shall be responsible to the Town Council for the efficient administration of all affairs of the Town placed in his charge, and to that end he shall have the power and duty to:
1. Enforce the laws and ordinances of the Town;
2. Appoint, suspend, transfer, and remove all employees of the Town except as otherwise provided herein, or by State statute, subject to the personnel regulations of the Town, if any be adopted by the Town Council;
3. Make appointments on the basis of executive and administrative ability, and of the training and experience of such appointees in the work which they are to perform;
4. In cooperation with the Town Clerk and Town Council, prepare a proposed budget annually and submit it to the Council, and be responsible for the administration of the budget after its adoption;
5. Prepare and submit to the Council as of the end of the fiscal year a complete report on finances and administrative activities of the Town for the preceding year, and upon request of the Council make written or verbal reports at any time concerning the affairs of the Town under his supervision;
6. Keep the Council advised of the financial condition and future needs of the Town, and make such recommendations to the Council as he may deem necessary or expedient;
7. Exercise, supervision and control over all executive and administrative departments, and recommend to the Council any proposal he thinks advisable to establish consolidate or abolish administrative departments;
8. Enforce all terms and conditions imposed in favor of the Town or its inhabitants in any contract or public utility franchise, and upon knowledge of any violation thereof, report same to the Council for such action and proceedings as may be necessary to enforce the same;
9. Attend Council and Planning Commission (if such entity exists) meetings and participate in discussions in an advisory capacity;
10. Be responsible for engineering, architectural, maintenance, construction and work equipment services required by the Town; and
11. Perform such others duties as may prescribed by Ordinance, or by the Town Council.
(Ord 61 §IV, 1983)
2.04.070 Town Clerk-Duties.
The Town Clerk shall have the power, duty and responsibility to:
A. Supervision Received. The Town Clerk works under the general guidance and direction of the Mayor, the Town Council and/or the Town Administrator, if appointed
B. Supervision Exercised. The Town Clerk shall exercise supervision over any deputy town clerks and all other clerical staff.
C. Essential Duties and Responsibilities.
1. Attend all meetings, including informal study sessions, of the Town Council and make a true and accurate record of all the proceedings, rules and ordinances made and passed by the Board of Trustees;
2. Serve as custodian of the Town’s official Book of Ordinances, serves as custodian of other Town records as designated by the Town Council, serve as custodian of the Town’s seal, and affix the Town seal to such documents as the law or the Board of Trustees requires
3. Administer all applicable provisions of the Colorado Municipal Election Code or Sections 31-10-101, et. seq., C.R.S. as amended, or the Uniform Election Code, Sections 1-1-101, et. seq., C.R.S., as amended, and the Colorado Fair Campaign Practices Act, Sections 1-45-101, et. seq., C.R.S., as amended;
4. Collect monies, taxes, revenues, and other funds due and owing to the Town of Dinosaur;
5. Keep a separate account of each fund or appropriation and the debits and credits belong thereto;
6. Give each person paying money into the treasury a receipt therefor specifying the date of payment and upon which account paid;
7. Countersign warrants or checks drawn upon the treasury and signed by the Treasurer or Mayor. Said check or warrant shall state the particular fund or appropriation to which the same in chargeable and the person to whom payable;
8. Maintain all financial and statistical reports;
9. Assist and advise the Town Council and members of the public;
10. Maintain effective working relationships with other personnel;
11. Issue all Town licenses as provided by law;
12. Act as Clerk to the Town Council;
13. Maintain employment records for all Town officers and employees indicating the accumulation and use of vacation time, sick leave, other leave, overtime and compensatory time-off, if any;
14. Assist in the preparation of the annual budget;
15. Maintain all other records, unless otherwise provided by ordinance, and perform such other duties as prescribed by the Town Council and appliable law; and
16. Staff the Town office from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. Monday through Friday.
17. Shall perform such other duties as deemed appropriate by the Town Council and as provided by applicable law.
(Ord. 78, Part IV, §4.5 1993)
D. Qualifications. The Town Clerk shall be a high school graduate with suitable municipal or private sector office experience. The Town Clerk must have the ability to make sound decisions and be capable of maintaining and filing records in a proper manner at all times. The Town Clerk shall have a broad working knowledge of municipal government, or agree to obtain such knowledge soon after being appointed.
(Ord 78, Part IV, §4.6 1993; Amended Ord. 91 §1 1998)
Section 2.04.080 Town Treasurer-Duties.
A. Supervision Received. The Town Treasurer works under the general guidance and direction of the Mayor, Town Council, and/or Town Administrator, if one has been appointed.
B. Supervision Exercised. The Town Treasurer exercises supervision over all staff members performing financial duties and responsibilities.
C. Essential Duties and Responsibilities. The Town Treasurer shall have the power, duty and responsibility to:
1. Attend all regular meetings of the Town Council and present a Treasurer’s Report and report of accounts payable at such meetings;
2. Be responsible for the establishment, control, and maintenance of a system of accounts for the Town, as provided by law. Such books and accounts shall always be subject to inspection by any member of the Town Council;
3. Receive all moneys, taxes, revenues and other funds collected by the Town Clerk and credit such receipts or deposits to the appropriate fund or account established by the Town budget, as approved by the Town Council in compliance with State law;
4. Deposit all funds and moneys collected by the Town Clerk in his/her name as Treasurer in local financial institutions and other investments as authorized by the laws of the State of Colorado and the Town Council;
5. Keep in her/her office a book, to be called the General Ledger, in which shall be entered at the date of presentation thereof and without any interval or blank line between any such entry and the one preceding it, every Town order, warrant, or other certificate of such Town at any time for payment, whether the same is paid at the time of presentation or not, the number and date of such order, warrant, or certificate, the amount, the date of presentation, the name or the person presenting the same, and the particular fund, if any, upon which the order was drawn. The General Ledger shall be open at all reasonable hours to inspection and examination of any person desiring to inspect or examine the same;
6. Serve as the Town’s investment officer pursuant to the directions of the Town Council;
7. Render an accounting to the Town Council at each regular meeting of the Council, showing the state of the treasury at the date of such accounting and the balance of moneys in the treasury. He/she shall also accompany such accounting with a statement of all moneys received into the treasury and on what account during the preceding month, together with all warranted redeemed or checks paid by him/her. Warrants with any vouchers, and all checks paid, shall be appropriately filed in the Treasurer’s records. He/she shall return all warrants returned by him/her stamped or marked “paid”. He/she shall keep a register of all warrants and checks paid, and shall describe such warrants and checks paid, and shall describe such warrants and checks and show the date, amount, number, the fund or account from which paid, and the name of the person to whom and when paid;
8. Shall quarterly make out and file in the Town’s records a full and detailed account of all such receipts and expenditures and all of his/her transactions as Treasurer during the preceding fiscal year and shall show in such account the state of the treasury at the close of the fiscal year on December 31, which accounting he/she shall immediately cause to be posted in a public place in the Treasurer’s office;
9. Countersign warrants and checks drawn upon the treasury and signed by the Town Clerk or Mayor. Said check or warrant shall state the particular fund or appropriation to which the same is chargeable and the person to whom payable;
10. Keep the Town Council and the public informed and advised as to the Town’s financial condition;
11. Assist with the preparation of the Town’s annual budget;
12. Maintain an effective working relationship with the public and other personnel;
13. Perform such other duties as deemed appropriate by the Town Council and as provided by applicable law;
14. Staff the Town office from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. Monday through Friday; and
15. Shall perform such other duties as deemed appropriate by the Town Council and as provided by applicable law.
(Ord. 78 Part IV, §4.7 1993)
D. Qualifications. The Town Treasurer shall have at a minimum a high school education supplemented by courses in bookkeeping and experience in maintaining financial and statistical records. If the Town Treasurer, when appointed, does not have significant experience in municipal accounting, the Town Treasurer shall, upon direction by the Town Council, complete an advanced course in municipal accounting.
(Ord. 78 Part IV §4.8 1993; Amended Ord. 91 §2 1998)
2.04.090 Town Attorney-Duties. The duties of the Town Attorney shall be as follows:
A. Act as legal advisor to, and be attorney and counsel for, the Town Council, and shall be responsible solely to the Council. He/she shall advise any Town officer or department head of the Town in matters relating to his/her official duties when so requested by the Town Council;
B. Shall prosecute ordinance violations and shall represent the Town in cases before the Municipal Court, as requested by the Town Council;
C. Shall prepare and review all ordinances, contracts, bonds, and other written instruments which are submitted to him/her by the Council and shall promptly give his/her opinion as to the legal consequences thereof;
D. Shall call to the attention of the Council all matters of law, and changes or developments therein, affecting the Town;
E. Shall perform such other duties as may be prescribed for him/her by the Council.
(Ord. 78 Part IV, §4.9 1993)
F. Qualifications. The Town Attorney shall be a graduate of a duly accredited law school, shall be licensed to practice law in the State of Colorado and shall have substantial experience in the field of local government law.
(Ord. 78 Part IV, §4.10 1993)
2.04.100 Removal or Suspension of Town Officers.
A. By a majority vote of all members of the Town Council, the Town Administrator, the Town Clerk, Town Treasurer, and Town Attorney may be suspended or removed from office. No such suspension or removal shall occur without a charge in writing and an opportunity of a hearing being given, unless an officer ceases to reside within the limits of the Town when such residence is required.
B. Removal or suspension of Town officers only, shall be for cause in accordance with Colorado law.
C. A hearing on the removal or suspension of a Town officer shall be conducted by the Town Council or by one or more hearing officers who have not personally determined the factual issues in controversary and have no personal financial interest in the outcome of the hearing. In its sole discretion, the Council may, but need not, appoint an employee of the Town or other person possessing qualifications acceptable to the Council as a hearing officer to hear and receive evidence and render a decision on the law and facts.
D. At such hearing the Town Council or hearing officer shall have the authority to administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof; compel testimony; receive evidence; dispose of motions relating to discovery and production of relevant documents and things for inspection, copying, or photographing; regulate the course of the hearing; set the time and place for continued hearings; fix the time for filing of briefs and other documents; direct the parties to appear and confer to consider simplification of issues, admissions of facts, or documents to avoid unnecessary proof; limit the number of witnesses and issue appropriate orders to control the subsequent course of the proceeding; dispose of motions; and control decorum and conduct of the proceeding.
E. All testimony at a hearing on the removal or suspension of a Town officer shall be taken under oath or by affirmation. However, the hearing need not be conducted according to the technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the type of evidence on which responsible parties are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions in courts of this State. Irrelevant or unduly repetitious evidence shall be excluded.
F. The burden of proof shall be upon the Town to establish by a preponderance of the evidence that the charges, or any one of them, lodged against the Town officer are true, and that they constitute adequate grounds for removal or suspension.
G. Each party at a removal or suspension hearing shall have the following rights, among others:
1. To call and examine witnesses on any matter relevant to the issues of the hearing;
2. To introduce documentary and physical evidence;
3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
4. To impeach any witness regardless of which party first called him to testify;
5. To rebut the evidence against him/her;
6. To represent himself/herself or to be represented by anyone of his choice who is lawfully permitted to do so.
H. A record of the entire proceeding shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the Town Council or the hearing officer.
(Ord. 78 Part XII, §12.1 1993)
- 2.06 Town Officers and Employees
-
2.06.010 Personnel Handbook.
2.06.020 Employee Job Description.
2.06.030 Contract Officers and Employees.
2.06.040 Town Officers and Employees-Salaries and Hourly Rates.
2.06.050 Officers and Employees Work Periods.
2.06.060 Town Marshal.
2.06.010 Personnel Handbook.
The Town Council shall promulgate from time to time by resolution a Personnel Handbook and all Town officers and employees shall be subject to the provisions of such Handbook.
2.06.020 Employee Job Description.
A. The Town Council shall promulgate a written job description for each classification. Said description shall contain the title of the position, a definition of the position, the duties and responsibilities of the position and required qualifications for the position. A job description may also, in the discretion of the Town Council, contain the rate of pay or a salary range for such position.
B. Job descriptions and/or job titles may be revised or altered as needed by the Town Council, by resolution, when it is felt that the duties currently being performed are considerably different from those indicated on the current description. All job title (classification) changes must be accompanied by complete job descriptions before they become effective.
(Ord. 78 Part V, § 5.2 1993)
2.06.030 Contract Officers and Employees.
The Town Council may enter into a written contract with any individual officer or employee. Such contract shall be supplemental to the provisions of this Title. The provisions of this Title 2 shall supersede any such employment contract when in conflict.
2.06.040 Town Officers and Employees-Wages and Salaries.
The Town Council shall by ordinance or resolution establish the wages and salaries for all officers and employees of the Town. In considering wage and salary changes, the Town Council shall consider the level or responsibility of the position, meritorious service, longevity, fiscal and economic conditions, as well as comparable salaries in the private and public sector. Any changes in wages and salaries shall be by ordinance or resolution enacted by the Town Council. Salary changes may be approved by the Town Council as part of the approval of the Town’s annual budget.
(Ord. 2 §3 1947; Amended Ord. 78, Part IX §9.1 1993)
2.06.050 Officers and Employees Work Periods.
A. Work Schedules for Non-Exempt Employees. Work schedules for employees shall be established by the Town Council. Such work schedule shall be established in accordance with custom and the needs of the Town and may include longer work weeks, different hours and different work days. Except as otherwise established by the Council, the work week for full-time employees shall consist of at least forty (40) hours within a seven (7) day period running from 12:01 a.m. to midnight on the following Saturday.
(Ord. 78, Part VIII §8.1 1993)
B. Work Schedules for Officers, Professional and Exempt Employees. Full time officers, professional, administrative, and other exempt employees who are ineligible for overtime compensation or compensatory time-off, shall work a minimum of thirty-five (35) hours per week or such additional amount as is necessary, in the opinion of the Town Council, to perform his/her duties in a complete and satisfactory manner. Such officers or employees shall receive no additional compensation or compensatory time-off for work in excess of thirty-five (35) hours per week, in excess of a regular work day/shift, or no holidays.
(Ord. 78, Part VIII §8.2 1993)
2.06.060 Town Marshal.
A. Marshal’s Department Created. Pursuant to Section 31-4-306, C.R.S., there is hereby created a Marshal’s Department of the Town of Dinosaur which shall consist of the Town Marshal and as many deputies as may from time to time be determined necessary by the Town Council for the safety and good order of the Town.
(Ord. 94 §1 1998; Amended Ord. 99 §1 2000)
B. Marshal-Appointment, Tenure, Powers and Duties.
1. The Town Marshal shall be appointed by the Town Council and shall serve at the pleasure of, and under the supervision, direction and control of the Town Council and/or the Town Administrator. Such position shall be deemed an “employee” position, not a Town “officer” position. The Marshal may be removed or discharged in accordance with the Town’s personnel policies.
2. The Marshall shall, in such capacity, and by name and title, be vested with all powers and duties set forth in Section 31-4-306, C.R.S., as the same may be amended from time to time, and as otherwise provided under the laws of the State of Colorado.
(Ord. 94 §2 1998; Amended Ord. 99 §2 2000)
C. Marshal-Oath and Bond. The Marshal shall, upon entering upon his duties, take such oath as may be required by the statutes of the State of Colorado or as otherwise determined by the Town Council, and shall provide such security bond as may be required by the Town Council or the Town’s personnel policies.
(Ord. 94 §3 1998; Amended Ord. 99 §3 2000)
D. Reports. The Marshall shall render such reports of the activities of the Marshal’s Department as may be required from time to time by the Town Council and shall keep the records of his/her Department open to inspection by the Town Council at any times, unless otherwise provided by the laws of the State of Colorado.
(Ord. 94 §4 1998; Amended Ord. 99 §4 2000)
E. Deputies. Deputy Marshals shall be appointed by the Town Council following recommendations from the Marshal. Such deputies shall be removed or discharged in the manner provided by the Town’s personnel policies. Deputies shall be under the direct control and supervision of the Marshal, who may adopt further personnel policies so long as such policies are not inconsistent with the Town’s general personnel policies. The Town Council shall be advised of any such policies promulgated by the Marshal and shall have the power to amend or set them aside.
(Ord. 99 §5 2000)
F. Rules and Regulations. The Marshal’s Department shall be operated and managed in accordance with such departmental rules and regulations as may from time to time be established by the Town Marshal with the approval of the Town Council, or as otherwise promulgated by the Town Council or by the laws of the State of Colorado.
(Ord. 94 §6 1998; Amended Ord. 99 §6 2000)
- 2.08 Procedure for Hearings
-
2.08.010 Purpose and Applicability.
2.08.020 Quasi-Judicial Hearings.
2.08.030 Rules of Procedure.
2.08.040 Rights of Participants.
2.08.050 Order of Procedure.
2.08.060 Appointment of Hearing Officer.
2.08.070 Deliberation and Notice of Decision.
2.08.080 Judicial Enforcement and Review.
2.08.010 Purpose and Applicability.
The purpose of this Chapter is to provide a uniform, consistent, and expeditious method of procedure for the conduct of all quasi-judicial hearings held before the Town Council; any board, commission, official or employee of the Town; or any hearing officer appointed to hear and receive evidence and render a decision on the law and facts. The provisions of this Chapter shall be applied uniformly in all applicable hearings. Provided, however, the rules contained in this Chapter may be supplemented by the adoption of further rules of procedure by the hearing body, official, employee, or hearing officer, not inconsistent therewith. All rules adopted to supplement the provisions of this Chapter by any board, commission, official, employee, or hearing officer, shall be reduced to writing and copies thereof shall be made available to the public.
2.08.020 Quasi‑judicial Hearings.
The provisions of this Chapter shall be applicable only to those hearings where the Town Council, board, commission, official, employee, or duly-appointed hearing officer is called upon to exercise powers of a judicial or quasi-judicial nature which shall include, but not be limited to, the following:
A. Hearings before the Town Council upon application for the issuance of, or renewal of, or hearings for the suspension or revocation of, a liquor or fermented malt beverage license.
B. Hearings before any board, commission, or official appealing the issuance, suspension, or revocation of other licenses issued by the Town, where such an appeal is otherwise authorized, and which requires an evidentiary hearing to determine such appeal.
C. All land use and development hearings conducted pursuant to Title 14 of the Dinosaur Municipal Code.
D. Personnel hearings.
E. Appeals from any decision of the Building Official.
F. All appeals from the decisions of any Town official, board, or commission, where such an appeal is otherwise authorized, and which requires an evidentiary hearing to determine such appeal.
2.08.030 Rules of Procedure.
All quasi-judicial hearings shall be conducted under procedures designed to ensure all interested parties due process of law and shall, in all cases, provide for the following:
A. The board, commission, official, employee, or duly-appointed hearing officer conducting the hearing shall have authority to administer oaths and affirmations; rule upon offers of proof; compel testimony; receive evidence; dispose of motions relating to discovery and production of relevant documents and things for inspection, copying, or photocopying; regulate the course of the hearing; fix the time for filing of briefs and other documents; direct the parties to appear and confer to consider simplification of issues, admissions of facts, or documents to avoid unnecessary proof, and limitation of the number of witnesses; issue appropriate orders to control the subsequent course of the proceedings; dispose of motions; and control the decorum and conduct of the proceeding.
B. Any Town board, commission, official, employee, or duly-appointed hearing officer conducting a quasi-judicial hearing shall have the power to issue subpoenas compelling testimony or the production of documents. Pursuant to Section 13‑10‑112(2), C.R.S., as amended, the Dinosaur Municipal Judge shall have the power to enforce said subpoenas.
C. All testimony may be taken under oath or by affirmation in the discretion of the board, commission, official, employee or hearing officer conducting the hearing.
D. The hearing need not be conducted according to the technical rules relating to evidence and witnesses.
E. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this State.
F. Any relevant evidence shall be admitted if it is the type of evidence on which responsible parties are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law, statute, or court rules which might make improper the admission of such evidence. Evidence which is reasonably reliable and calculated to aid the hearing body, official, or officer, in reaching an accurate determination of the issues involved may be considered.
G. Irrelevant and unduly repetitious evidence shall be excluded.
H. The board, commission, official, employee, or hearing officer conducting the hearing shall be permitted at the hearing to continue the hearing, for good cause, to another date, time, and place. In such an event, no advertised public notice of such continued hearing shall be required.
I. In reaching a decision, official notice may be taken, whether before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this State, or of official records of the Town, and ordinances, rules, and regulations of the Town. Interested parties present at the hearing shall be informed of the matters to be noticed and these matters shall be noted in the record, referred to therein, or appended thereto.
Interested parties shall be given a reasonable opportunity, upon request, to refute the officially noticed matters by evidence or by written or oral presentation of authority.
J. All hearings shall be open to the public unless otherwise authorized or permitted by applicable law.
K. A record of the entire proceedings shall be made by tape recording, or any other means of permanent recording determined to be appropriate by the Town board, commission, official, employee, or duly-appointed hearing officer conducting the hearing.
2.08.040 Rights of Participants.
Each interested party participating in a quasi-judicial hearing shall have these rights, among others:
A. To call and examine witnesses on any matter relevant to the issues of the hearing.
B. To introduce documentary and physical evidence.
C. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing.
D. To rebut the evidence presented.
E. To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so.
2.08.050 Order of Procedure.
In all quasi-judicial hearings, the following order of procedure shall be followed, unless otherwise determined by the body or person conducting the hearing:
A. Presentation of those documents showing the regularity of the commencement of the proceedings and the form of the public notice given, if required.
B. Presentation of evidence by the applicant, petitioner, appealing party, or complainant.
C. Presentation of evidence in support of the applicant, petitioner, appealing party, or complainant by any other person.
D. Presentation of evidence from any person opposing the application, petition, appeal, or complaint.
E. Presentation of evidence in rebuttal to the matters presented by the opposing party.
F. All documents or other items of physical evidence shall be marked as exhibits with such identifying symbols as may be necessary to determine the exhibit referred to by any witness or other person.
2.08.060 Appointment of Hearing Officer.
In any hearing upon application for the issuance of, or renewal of, or hearing for the suspension or revocation of, a liquor or fermented malt beverage license; any personnel hearing; and any other hearing when it is necessary to avoid a conflict of interest, the Town council, commission, official, or employee called upon to render a decision may appoint one or more hearing officers who have not determined the factual issues in controversy and have no personal financial interest in the outcome of the hearing to conduct the required hearing. The hearing officer shall hear and receive evidence and render a decision on the applicable law and the facts. The hearing officer shall have all the authority possessed by the Town Council, commission, official, or employee to render decisions, except, if required by applicable law, only the Town Council, commission, official, or employee possessing the authority, shall take formal action on the matters at issue, following issuance of the hearing officer’s decision on the law and facts.
2.08.070 Deliberation and Notice of Decision.
If the final decision or formal action is required to be made by a Town board or commission, no decision or formal action shall be effective, except upon a vote of the members of said board or commission, conducted in an open session thereof, which shall be duly recorded in the minutes of the Town board or commission. No member of a board or commission who did not hear the evidence or has not read the entire record of proceedings shall vote or take part in the factual determination. The Town council, commission, official, employee, or duly-appointed hearing officer may issue an oral decision immediately upon conclusion of the evidentiary hearing. If no decision is issued at the hearing, said decision shall be rendered in writing within the time limits provided by applicable law. If no specific time limit is provided, the decision shall be rendered no later than twenty (20) days following the conclusion of the hearing. Said written decision shall contain findings of fact and conclusions of law, setting forth the grounds of the decision, based on the evidence presented at the hearing. Copies of the written decision shall be delivered to the applicant, petitioner, appellant, complainant, and other interested parties requesting the same unless otherwise prohibited by applicable law.
2.08.080 Judicial Enforcement and Review.
Any party aggrieved by any decision rendered by the hearing body, official, employee, or duly-appointed hearing officer in any quasi-judicial hearing, may apply to have said decision reviewed by a court of competent jurisdiction, in accordance with the provisions of the Colorado Rules of Civil Procedure, and any other applicable law. Said appeal shall be filed with the court within thirty (30) days following the issuance of the final decision or the formal action.
- 2.10 Procurement Code
-
2.10.010 Purpose and Scope.
2.10.020 Definitions.
2.10.030 Powers and Duties of Purchasing Agent.
2.10.040 Methods and Procedures for Source Selection.
2.10.050 Purchasing Authority and Process.
2.10.060 Local Preference.
2.10.070 Division of Contracts Prohibited.
2.10.080 Recurring Purchases.
2.10.090 Disposition of Surplus Personal Property.
2.10.010 Purpose and Scope.
The purpose of this Chapter is to set forth the procedures that the Town will follow in purchasing equipment, materials, vehicles, and other tangible personal property and obtaining professional and consulting services.
2.10.020 Definitions.
As used in this Chapter, the following definitions shall apply.
A. Bid blanks means forms to be completed, which may also state requirements for additional written information, in connection with the submission of sealed competitive bids.
B. Invitation for bids means all documents, whether attached or incorporated by reference, utilized for soliciting bids.
C. Local equipment means equipment such as tools, vehicles, excavators, graders, and other equipment that is primarily stored and located in Moffat or Rio Blanco Counties, Colorado.
D. Local goods means goods, materials or supplies that are harvested, mined, produced, manufactured, sold, distributed, or assembled in Moffat or Rio Blanco Counties, Colorado.
E. Local services means labor or services provided by residents of Moffat or Rio Blanco Counties, Colorado.
F. Lowest qualified bidder means the bidder with the lowest price and the highest qualifications, based on the following criteria: (1) the ability, capacity and skill of the bidder to perform under the contract or furnish the supplies required; (2) whether the bidder can perform the contract or furnish the supplies promptly or within the time specified, without delay or interference; (3) the character, integrity, reputation, judgment, experience, and efficiency of the bidder; (4) the quality of performance on previous contracts, if any; (5) previous and existing compliance by the bidder with laws, ordinances, and regulations relating to the contract or service; (6) sufficiency of financial resources and ability of the bidder to perform the contract or furnish the supplies; (7) the ability of the bidder to provide future maintenance and service; (8) the extent to which the bidder commits to using local goods, local equipment, and local services when practical and efficient to do so; and (9) the response to the invitation for bids.
G. Purchasing Agent means the Town Administrator or such other person as may be authorized by the Town Council to act as Purchasing Agent for any particular transaction.
2.10.030 Powers and Duties of Purchasing Agent.
A. The Town Council hereby authorizes the Purchasing Agent to exercise purchasing authority subject to the provisions of this Chapter. The Purchasing Agent may delegate purchasing duties to members of the Town staff under his supervision and direction. The Town Council hereby delegates authority to the Purchasing Agent to execute contracts, work orders, notices to proceed, and other documents in connection with procurements authorized in accordance with this Chapter.
B. The Purchasing Agent’s general duties and powers are as follows:
1. Procure for the Town the highest quality in supplies and services at the least reasonable expense to the Town.
2. Consolidate purchases in bulk quantities when practical to maximize economic benefit to the Town. Quantities purchased should represent a reasonable balance based on transportation costs, quantity discount, price, budget, cost, and storage capabilities.
3. Endeavor to obtain as full and open competition as is practical for all purchases and sales.
4. Enforce the terms and conditions of contracts and purchase orders with all vendors and suppliers, and to declare vendors who default on their quotations or contracts as noncompliant bidders who may be disqualified from receiving any business from the Town for a stated period of time.
5. Secure all applicable federal and state tax exemptions for the Town on purchases and contracts.
6. Apply for and obtain such grants as may be available to defray the costs of purchases and contracts.
7. Coordinate with the finance department to secure the maximum efficiency in budgeting and accounting.
8. Consult with professionals such as attorneys and engineers hired in conformance with this Chapter to draft and review contracts, plans, specifications, and other documents and to supervise work in connection with procurements.
2.10.040 Methods and Procedures for Source Selection.
Subject to the provisions of Section 2.10.040(B), below, the following methods may be applied for procurement.
A. Sole Source Procurement. Procurements may be made without competition when the Purchasing Agent reasonably determines, after conducting a good faith review of available sources, that there is only one viable and reasonable source within the relevant supply area for the required supply, service or construction item. The Purchasing Agent shall conduct negotiations, as appropriate, as to price, delivery, and terms.
B. Emergency Procurement. Notwithstanding any other provisions of this Chapter, the Purchasing Agent may make or authorize others to make emergency procurement of supplies, services or construction items when there exists a threat to public health, safety or welfare and when the purchase cannot reasonably be delayed for review by the Town Council. All emergency procurements shall not exceed the sum of $10,000 in any single fiscal year; provided that the Town Council may increase this limitation at any time by resolution for the current and/or future fiscal years, subject to all budgeting and appropriation requirements. The Purchasing Agent shall encourage competition for emergency procurements to the extent practicable under the circumstances, but strict compliance with any other procurement method described in this section not be required. All emergency procurements shall be reported to the Town Council at the next available meeting.
C. Open Market. Open market purchases involve an informal evaluation of price, quality, convenience and service from any source and the exercise of sound decision-making by the Purchasing Agent based on such information.
D. Comparative Pricing. For purchases based on comparative pricing, the Purchasing Agent shall solicit quotes from no fewer than three (3) vendors/suppliers, unless it is impracticable under the circumstances to obtain three (3) quotes. Quotes may be solicited orally or in writing at the discretion of the Purchasing Agent.
E. Requests for Proposals (RFPs). RFPs shall be in writing and shall be distributed to a minimum of three (3) firms or individuals to be selected by the Purchasing Agent. The Purchasing Agent shall also have the discretion to solicit RFPs by advertising in a newspaper or other publication, by posting the RFP in a public place, or by posting the RFP on a website, listserve, or by other electronic means. The RFP may, but does not need to be, directed to the public at large.
F. Competitive Bidding.
1. Notice to Bidders. An invitation for bids shall be published by any one or more of the following methods: (a) advertisement in a local newspaper of general circulation as defined by Section 1.04.010 at least twice; (b) posting on the Town’s official website; and/or (c) posting at Town Hall and all other official public posting sites as determined by the Board of Trustees for the posting of public meeting notices. The notice shall be published at least ten (10) days prior to the date for bid opening, which deadline shall apply to the second publication if newspaper advertisement is utilized. The notice shall include a general description of the materials and/or services to be procured; the place where bid blanks and specifications may be obtained; the closing date and time for acceptance of bids; a statement that all bids shall be submitted to the Town Clerk; the time and place for opening bids; the need for bonding, if applicable; and the reservation by the Town of the right to reject any and all bids. In addition to the formal publication requirements described above, the Purchasing Agent shall have the authority to give informal notice of the invitation for bids to such potential vendors as the Purchasing Agent deems appropriate.
2. Bid Requirements. To be considered as a qualifying bid, each bid shall comply with the following:
a. Bids shall be in writing and signed by an authorized representative of the bidder, enclosed in a sealed envelope, and filed with the Town Clerk by the deadline stated in the invitation for bids. Bids shall include all information required by the bid blanks and specifications.
b. Only one (1) bid may be submitted per bidder. If a bidder submits multiple bids, then all bids of that bidder shall be rejected; provided, however, a bidder may withdraw a bid up until twenty-four (24) hours prior to the bid opening and, once withdrawn, may submit a new bid.
3. Withdrawal/Correction of Bids. Bids may be withdrawn up to twenty-four (24) hours prior to expiration of the deadline for submitting bids. An otherwise low bidder shall be permitted to correct a material mistake in his or her bid, including price, when the intended bid is obvious from the bid document or is otherwise supported by proof that has evidentiary value as determined by the Purchasing Agent. A low bidder shall not be permitted to correct a bid for mistakes or errors in judgment.
4. Waiver of Informalities in Bids. The Purchasing Agent may waive informalities in a bid if (a) the item is only a matter of form or is an immaterial variation from the exact requirements of the invitation for bids; (b) the item being waived has trivial or no effect on price, quality, quantity, delivery, or performance, and (c) such a waiver would not affect the relative standing of bidders or otherwise prejudice other bidders.
5. Bid Opening Procedure. At the time and place specified in the notice for bids, the Purchasing Agent shall open the sealed bids in public. The Purchasing Agent shall announce the names of those who have bid and the amounts of the bids and shall state whether any bids submitted have been withdrawn. As the bids are opened, such details as the Purchasing Agent deems appropriate shall be read and copied on a bid tally record, which shall be open for public inspection. The person recording the bids shall sign the tally sheet.
6. Bid Evaluation; Award. The Purchasing Agent shall perform a review and analysis of all tabulated bids. Evaluation criteria include price, quantity and/or quality offered, qualifications of the bidder, and capacity to fulfill all requirements of the contract. All awards shall be made by the Board of Trustees by written notice to the bidder. Alternate bids may be awarded whenever deemed necessary by the Town. The Town need not award a bid to the lowest responsive and responsible bidder, but rather the bid shall be awarded to the bidder who, in the sole discretion of the awarding authority, provides the best overall value to the Town based on the evaluation criteria described in this Chapter.
7. Rejection of Bids. The Purchasing Agent may reject all or any part of a bid (unless the bid expressly excludes the ability to partially accept the bid) when it is determined to be in the best interest of the Town, or if the vendor or contractor is in default on the payment of taxes, license fees, or other sums due to the Town.
8. Nonresponsive Vendor. Any vendor/bidder who fails to comply with the terms of an awarded contract, quote or purchase order, or the required specifications contained in the bid, may be declared a nonresponsive bidder/vendor by the Purchasing Agent.
9. Bonding; Conditions. For a contract awarded based on a bonded competitive bid, the successful bidder shall be required at the time the contract is executed to deliver to the Town a contractor’s performance bond, a labor and material payment bond, or other surety acceptable to the Town in the amount of one hundred percent (100%) of the contract price. Such contractor shall promptly perform all work required by the contract on behalf of the Town and shall promptly pay all amounts lawfully due to all persons supplying or furnishing labor or materials used or performed in the prosecution of the work provide for in such contract. Further, the contractor shall indemnify and hold the Town harmless for all payments or liabilities arising from the execution of the terms of the contract.
2.10.050 Purchasing Authority and Process.
The purchasing authority and process required for all types and amounts of procurements shall be as follows, provided that all monetary limits set forth in this Section are maximum ceilings, and nothing shall prohibit the Purchasing Agent from utilizing a higher level process than required by this Section or from requesting Board consideration of a purchase when not required.
For purposes of this Section, the “Estimated Contract Amount” shall be cumulative with respect to all contracts with a given vendor in a calendar year that are awarded by any means other than RFP, competitive bid. By way of illustration, if a vendor has previously been awarded a construction contract for $50,000 in a calendar year under the comparative pricing method, then such vendor shall not be eligible to be awarded another construction contract in that year unless the Town utilizes the RFP, competitive bid, or bonded competitive bid process for such new contract.
A. Equipment.
1. Authority. The Town Council must approve all awards of contracts for acquisition of new or replacement of equipment that exceed $10,000.
2. Required Procedures.
Estimated Contract Amount
Process
Less than $5,000
Open market
$5,000 to $50,000
Comparative pricing or RFP
Greater than $50,000
Competitive bid
B. Change Orders.
The Town Administrator shall have authority to approve and execute written change orders with respect to any procurement authorized by this Chapter; provided that the aggregate sum of all change orders for a given contract shall not exceed $10,000 without approval by the Town Council. However, the Town Council shall have the authority to supersede this provision and to dictate more restrictive or less restrictive authority to the Town Administrator to approve and execute change orders by including specific provisions to such effect in any original contract approved by the Council.
If a contract was approved through competitive bidding, and if one or more change orders will increase the total contract price by more than 50% of the original contract price, then the Council may, in its sole discretion, require that the change order be treated as a separate contract subject to new bidding in accordance with this Chapter.
Additionally, or in the alternative, the Board may require that the contracted vendor solicit new competitive bids from subcontractors and/or suppliers prior to approving any change order.
C. Materials, Supplies, Nonprofessional and Technical Services.
1. Authority. The Town Council must approve all awards of contracts for materials, supplies, and for nonprofessional or technical services (including IT services) that exceed $10,000.
2. Required Procedures.
Estimated Contract Amount
Process
Less than $5,000
Open market
$5,000 or more but less than $50,000
Comparative pricing or RFP
$50,000 or more
Competitive bid
D. Professional Services.
1. Authority. Except for appointed positions as addressed in subsection (3), below, the Board of Trustees must approve all awards of contracts for professional services anticipated to exceed $10,000 per year for any single vendor.
2. Required Procedures.
Estimated Contract Amount
Process
Less than $5,000
Open market
$5,000 or more but less than $50,000
Comparative pricing or RFP
$50,000 or more
Competitive bid
3. Appointed Positions.
The Town Council shall be responsible to approve the retention of any outside professional to serve as an appointed official for the Town, including but not limited to the Town Attorney, Town Engineer, Town Planner, and Town Building Official, utilizing whatever method or procedure the Town Council deems appropriate in its sole discretion. Notwithstanding any written proposal, rate sheet, or agreement to the contrary, all such persons shall serve at the pleasure of the Town Council on such terms as the Council may decide in its discretion and may be removed from office at any time, with or without cause. No professional serving in such an appointed position shall be entitled to any guaranteed minimum or maximum compensation, and the prospective rates and fees for future work of such professionals shall be subject to review by the Town Council at any time the Council deems appropriate. If an appointed position becomes vacant, then the Town Administrator shall have the authority to retain professionals to provide interim services in accordance with his authority under subsections (1) and (2), above. Because no professional retained to serve as an appointed official shall have any right or expectation of continued appointment, the terms of compensation for such an appointment shall, to the fullest extent permitted by law, be deemed not to be a “sole source government contract” within the meaning of Article XXVIII of the Colorado Constitution. The Town Council shall have the discretion to determine when potential work by an outside professional would fall outside the scope of his or her duties as an appointed official such that other procedures in this Chapter would apply.
E. Utilities and Utility Equipment. The Purchasing Agent shall have the authority to secure utility services, including necessary equipment therefore, using a sole source procedure.
F. Real Property (including land with or without existing improvements, easements, rights of way, and water rights). Acquisition of real property interests shall be made by sole source or open market procedures; provided that all such acquisitions in excess of $10,000 shall require authorization by the Town Council.
2.10.060 Local Preference.
It is the goal of the Town to utilize local equipment, local goods, and local services in order to provide employment opportunities to area residence when it is feasible and efficient to do so as determined by the Purchasing Agent in his discretion.
2.10.070 Division of Contracts Prohibited.
No contracts or purchases shall be divided to avoid the procedural requirements of this Chapter.
2.10.080 Recurring Purchases.
Quotes obtained for routine purchases of supplies, equipment or materials under open market, comparative pricing, or RFP procedures may be deemed valid for a period of two (2) years from the date of the quote. The Purchasing Agent is not required to obtain revised quotes for such items during the two-year period, provided that the vendor is informed of the Town’s intention to make repeated purchases at the time of the initial purchase.
2.10.090 Disposition of Surplus Personal Property.
The Purchasing Agent has the power to declare personal property (materials, supplies, and/or equipment) of the Town surplus or obsolete. In the event the Purchasing Agent desires to divest the Town of surplus or obsolete personal property, he or she shall first establish a reasonable estimate of the value of the property. If the estimated value of any one item, or if the aggregate value of all items to be offered at a given time, is one thousand dollars ($1,000.00) or more, the Purchasing Agent shall obtain the approval of Town Council to offer the property for sale. All sales of personal property with an estimated value of one thousand dollars ($1,000.00) or more shall be offered for sale by advertising for sealed bids in a newspaper of general circulation in the Town, unless otherwise approved by Town Council. The Purchasing Agent shall oversee the opening, review, and award of the sealed bids. In the event no bids are received on an item, the Purchasing Agent shall so inform Town Council, who will direct whether to re-offer the item for sale at a later time, or whether to otherwise dispose of the item.
As an alternative, the Purchasing Agent may elect to dispose of such property through an advertised public auction.
If the estimated value of the property is less than one thousand dollars ($1,000.00) the Purchasing Agent may use his or her discretion to offer the item for sale (through public bid or
In the event of disposal the Purchasing Agent is to use his or her best efforts to recycle all or part of the item, as appropriate. The Purchasing Agent shall report to the Town Council the manner and terms of all dispositions of surplus property.
- 2.14 Planning and Zoning Commission
-
2.14.010 Created.
2.14.020 Membership—Term--Vacancy.
2.14.030 Residence Requirement—Compensation.
2.14.040 Terms--Election of Officers.
2.14.050 Powers and Duties.
2.14.060 Additional Duties.
2.14.070 Master Plan Preparation.
2.14.010 Created.
Pursuant to the authority conferred by Article 23, Chapter 31, Colorado Revised Statutes, as amended, there is created a Planning Commission and Zoning Commission for the Town. The members of the Planning Commission shall also serve, and are appointed as the Zoning Commission.
2.14.020 Membership—Term--Vacancy.
A. The Town Planning Commission shall have five (5) members, consisting of the Mayor and a member of the Board of Trustees as ex officio members, and three (3) persons appointed by the Mayor. The term of each member shall be for a period of four (4) years or until his successor takes office; except for the terms of those members of the public appointed to the Commission, the term of one (1) member shall be for a period of two (2) years, the term of one (1) member shall be for a period of three (3) years, and the term of one (1) member shall be for a period of four (4) years. A term shall be deemed to end on the fifteenth (15th) day of May of the appropriate year. The terms of the appointees shall be fixed and designated by the Mayor at the time of appointment. All appointed members of the Commission shall be eligible for reappointment by the Mayor. Nothing contained herein shall in any way constitute removal of existing members of the Planning Commission at the time of enactment of the Ordinance codified in this Chapter.
B. In the event of a vacancy in the office of any member of the Planning Commission by reason of death, resignation or removal, the Mayor shall declare a vacancy in office and shall appoint some qualified person, in the concurrence of the Board of Trustees, for the remainder of such term. In the event any appointed member is guilty of misconduct, neglect of duty, or malfeasance in office, the Mayor, after public hearing, shall have the right to remove such member from office and to appoint some other qualified person to such office for the remainder of such term.
2.14.030 Residence Requirement--Compensation.
All members of the Planning and Zoning Commission shall be bona fide residents of the Town, and if any member ceases to reside in the Town, his membership shall immediately terminate. All members of the Commission shall serve as such without compensation, and the appointed members shall hold no other municipal office, except for that member who is a member of the Zoning Board of Adjustment of the Town.
2.14.040 Terms--Election of Officers.
The Planning and Zoning Commission shall elect its chairman from its members and create and fill such other of its offices as it may determine. The term of the chairman shall be for one (1) year, with eligibility for reelection. The Commission shall hold at least one (1) regular meeting in each month. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which records shall be a public record.
2.14.050 Powers and Duties.
The Commission may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion and removal shall be subject to the same provisions of law as govern other corresponding civil employees of the Town. The Commission may also, with the consent of the Board, contract with Town planners, engineers and architects and other consultants for such services as it may require. The expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the Board which shall provide the funds, equipment and accommodations necessary for the Commission’s work.
2.14.060 Additional Duties.
The Commission shall have all the powers and perform each and all of the duties specified by Chapter 31, Article 23, Colorado Revised Statutes, as amended, together with any other duties or authority which may hereafter be conferred upon them by the laws of the State. The performance of such duties and the exercise of such authority is to be subject to each and all of the limitations expressed in such legislative enactment or enactments.
2.14.070 Master Plan Preparation.
In the preparation of a master plan, the Planning Commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality with due regard to its relations to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the municipality and its environs, which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development; including among other things, adequate provision for traffic, the promotion of safety from fire, flood, water and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities and other public requirements.
-
- 3.02.010 Write-In Affidavit Required
-
3.02.010 Write-In Candidate Affidavit Required.
3.02.010 Write-In Candidate Affidavit Required.
No write-in vote for any municipal office shall be counted at a regular or special municipal election unless an affidavit of intent has been filed with the Town Clerk by the person whose name is written in prior to SIXTY-FOUR (64) days before the date of the election. This affidavit shall indicate that the person desires the office and is qualified to assume the duties of the office if elected.
- 3.02.020 Election May Be Cancelled When Only One Candidate
-
3.02.020 Election May Be Cancelled When Only One Candidate.
3.02.020 Election May Be Cancelled When Only One Candidate
If at any general or special municipal election, if the only matter before the voters is the election of persons to office and if, at the close of business on the SIXTY-FOURTH (64th) day before the election, there are not more candidates than offices to be filled at such an election, including candidates filing affidavits of intent as provided in Section 3.02.010 of the Dinosaur Municipal Code, the Town Council by resolution adopted either before or after such date may instruct the Town Clerk to cancel the election and declare the candidates elected. In such case, the Clerk shall cancel the election. Upon such declaration the candidate(s) shall be deemed elected. Notice of the cancellation of the election shall be published, if possible, in order to inform the electors of the Town, and notice of the cancellation of the election shall be posted at each polling place and in not less than one (1) other public place.
-
- 4.04 Investment Policy
-
4.04.010 Purpose.
4.04.020 Definitions.
4.04.030 Investments of Officers.
4.04.040 Pooling of Assets.
4.04.050 Competitive Selection of Investment Instruments.
4.04.060 Reporting Requirements.
4.04.010 Purpose.
A. The purpose of the Town’s investment policy is to manage the Town’s cash assets in a manner which will maximize return while controlling and minimizing risk.
B. The Town’s investments shall comply with all State and federal laws governing investment of public entity funds. The investment policy shall serve to assure the Board as to the safety of the funds, that adequate funds are available at all times to meet the financial obligations of the Town when due and earn a market rate of return on the funds available for investment throughout the budget cycle.
4.04.020 Definitions.
As used in this Chapter: “Public entity” means the Town; any local government investment pool organized pursuant to Section 4.04.040; any public entity insurance pool organized pursuant to State law; and any other entity, organization or corporation formed by intergovernmental agreement or other contract between or among the State of Colorado; any institution, agency, instrumentality, authority, county, municipality, city and county, district or other political subdivision of the State, including any school district and institution of higher education; any institution, department, agency, instrumentality or authority of any of the foregoing, including any county or municipal housing authority.
“Public funds” means any funds in the custody, possession or control of the Town; any funds over which the Town has investment control; any funds over which the Town would have investment control but for the entity’s delegation of that control to another person; and any funds over which another person exercises investment control on behalf of or for the benefit of the Town.
“Public funds” includes, but is not limited to, proceeds of the sale of securities of the Town and proceeds of certificates of participation or other securities evidencing rights in payments to be made by the Town under a lease, lease-purchase agreement or other similar arrangement, regardless of whether such proceeds are held by the public entity, a third-party trustee or any other person.
“Short-term” investments are those having a maturity date of one (1) year or less from the date of investment.
“Long-term” investments are those having a maturity date in excess of one (1) year from the date of investment.
“Local institutions” are those financial institutions located in Moffat County, Colorado.
4.04.030 Investments of Officer.
A. Pursuant to Title 2 of this Code, the Treasurer is responsible for the administration of the financial affairs of the Town including having custody of all public funds belonging to or under the control of the Town and is designated the Town’s investment officer.
B. In the absence of the Treasurer, the Clerk shall be designated as the investment officer. In the absence of the Treasurer and the Clerk, the Mayor shall designate another individual as the investment officer.
C. The designated investment officer shall be restricted in the investment of Town funds to certificate of deposit investments in local financial institutions and other investments as authorized by Title 24, Article 75, C.R.S., at the discretion of the investment officer, unless otherwise directed by the Town Council.
4.04.040 Pooling of Assets.
To maximize the effective investment of assets, the investment officer may pool all funds having excess available moneys into one (1) account for investment purposes. The income derived from pool investments will be distributed to the various funds based on each fund’s pro rata share of the total investment.
4.04.050 Competitive Selection of Investment Instruments.
A list of qualified local institutions, providing proof that they are an eligible public depository and providing, at least annually, a report of financial condition, shall be maintained for use in obtaining competitive bid quotes by the investment officer on certificates of deposit. A record of bids offered, bids accepted and the rationale used in selecting the bid shall be kept for a period of one (1) year.
4.04.060 Reporting Requirements.
At least monthly, or as otherwise directed by the Mayor, a list of all investments for all Town accounts shall be prepared for inclusion in a monthly report. Such report shall include the amount, instrument location, rate and/or yield, date of maturity, and the funds to which the investment will accrue.
- 4.08 Sales Tax
-
4.08.010 Purpose.
4.08.020 Definitions.
4.08.030 License Required; Application and Renewal.
4.08.040 Amount of Sales Tax and Schedule.
4.08.050 Sales Tax-Capital Improvement Fund.
4.08.060 Special Sales Tax; Retail Marijuana and Retail Marijuana Products.
4.08.070 General Provisions.
4.08.010 Purpose.
The purpose of this Title is to impose a municipal sales tax upon the sale of tangible personal property at retail and the furnishing of certain services within the Town of Dinosaur, Colorado, in accordance with the provisions of Article 2, Title 29, C.R.S., as amended.
(Ord. 103 §1.1 2001)
4.08.020 Definitions.
For the purpose of this Chapter, the definitions of the words herein contained shall be as defined in Section 39-26-102, C.R.S., as amended from time to time and said definitions are incorporated herein by this reference.
A. Town. The word “Town” shall mean the Town of Dinosaur, a duly incorporated municipality within the boundaries of Moffat County, State of Colorado.
4.08.030 License Required; Application and Renewal.
A. It is unlawful for any person to engage in the business of selling tangible personal property at retail without first having obtained a license therefor. Such license shall be granted and issued by the Town Clerk and shall be in force and effect until the thirty-first (31st) day of December of the year in which it is issued, unless sooner revoked.
B. Such licenses shall be granted and renewed only upon application stating the name and address of the person desiring such a license, the name of such business and the location and such other facts as the Town Clerk may require.
C. It shall be the duty of each licensee on or before January 1st of each year during which this Chapter remains in effect to obtain a renewal thereof if the licensee remains in the retail business of liable to account for the tax herein provided, but nothing herein contained shall be construed to empower the Town Clerk to refuse such renewal except revocation for cause of licensee’s prior license.
D. In case business is transacted at one (1) or more separate premises by one (1) person, a separate license for each place of business shall be required.
E. Any person engaged in the business of selling tangible personal property at retail or furnishing of services in the Town, without having secured a license therefor, except as specifically provided herein, shall be guilty of a violation of this Chapter.
F. Each license shall be numbered and shall show the name, residence, place and character of business of the licensee and shall be posted in a conspicuous place in the place of business for which it is issued. No license shall be transferable.
G. No license shall be required for any person engaged exclusively in the business of selling commodities which are exempt from taxation under this Chapter.
4.08.040 Amount of Sales Tax and Schedule.
A. There is hereby levied and there shall be collected and paid a municipal sales tax of two point one percent (2.1%) upon the sale of tangible personal property at retail and furnishing of certain services as provided in “The Emergency Retail Sales Tax Act of 1935” set forth in Article 26 of Title 39, C.R.S., as amended, which provisions are incorporated herein by this reference.
B. The imposition of the tax on the sale of tangible personal property at retail and the furnishing of certain services subject to this tax shall be in accordance with the schedules set forth in the rules and regulations of the Colorado Department of Revenue and in accordance with any regulations that may be enacted by separate ordinance of the Town of Dinosaur.
(Ord 103 §3.1 2001)
C. Property and Services Taxed.
1. There is hereby levied and there shall be collected and paid a municipal sales tax in the amount set forth above in subsection (A) of this Section, upon the sale of tangible personal property at retail and the furnishing of certain services, as provided in “The Emergency Retail Sales Tax Act of 1935”, Article 26 of Title 39, C.R.S., as amended, which provisions are incorporated herein by this reference, including purchases of machinery, machine tools, and food. The tangible personal property and services taxable pursuant to this Chapter shall be the same as the tangible personal property and services taxable pursuant to Section 39-26-104, C.R.S., as amended, and subject to the same exemptions as those specified in Section 39-26-114, C.R.S., as amended except the exemptions allowed for purchases of machinery, machine tools and food by Section 39-24-114, C.R.S., as amended.
2. The amount subject to tax shall not include the amount of any sales or use tax imposed by Article 26 of Title 39, C.R.S., as amended.
3. The gross receipts derived from sales shall include delivery charges, when such charges are subject to the State sales and use tax imposed by Article 26 of Title 39, C.R.S., as amended regardless of the place to which delivery is made.
4. Notwithstanding any other provisions of this Chapter to the contrary, the municipal sales tax imposed herein shall not apply to the sale of construction and building materials, as the term is used and defined in Section 29-2-109, C.R.S., if such materials are picked up by the purchaser and if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to the Town evidencing that a local use tax on such materials has been paid or is required to be paid.
(Ord 103 §3.2 2001)
D. Exemptions-Designated.
1. There shall be exempt from municipal taxation under the provisions of this Chapter, all of the tangible personal property and service which are exempt under the provisions of “The Emergency Retail Sales Tax Act of 1935” as set forth in Article 26, Title 39, C.R.S., as amended, which exemptions are incorporated herein by this reference, except the exemption specified in Section 39-26-114(11), C.R.S., as amended for purchases of machinery or machine tools and except the exemption for sales of food specified in Section 39-26-114(1)(a)(XX), C.R.S., as amended.
2. All sales and purchases of electricity, coal, wood, gas, fuel oil, or coke, sold, but not for resale, to occupants of residences, whether owned, leased, or rented by said occupants, for the purpose of operating residential fixtures and appliances which provide light, heat, and power for such residences shall be exempt from municipal taxation under this Chapter. For the purposes of this subsection, “gas” includes natural, manufactured, and liquefied petroleum gas.
3. All occasional sales by a charitable organization, as defined in Section 39-26-114(18), C.R.S., as amended, are hereby exempt from municipal taxation under this Chapter.
4. All sales of tangible personal property on which a specific ownership tax has been paid or is payable shall be exempt from the municipal sales tax under this Chapter when such sales meet both the following conditions:
i. The purchaser is a nonresident of, or has a principal place of business outside the Town of Dinosaur, State of Colorado; and
ii. Such tangible personal property is registered or required to be registered outside the limits of the Town of Dinosaur, under the laws of the State of Colorado.
(Ord 103 §3.3 2001)
E. Determination of Place of Sale.
1. For the purpose of this Chapter, all retail sales are deemed consummated at the place of business of the retailer (which may be temporary, permanent, mobile, or stationary) located within the Town of Dinosaur, Colorado, unless the tangible personal property sold is delivered by the retailer or his agent to a destination outside the limits of the Town of Dinosaur, or to a common carrier for delivery to a destination outside of the Town of Dinosaur, or as provided in subsection (C)(4) of this Section.
2. In the event a retailer has no permanent place of business in the Town of Dinosaur, or has more than one place of business, the place or places at which the retail sales are consummated for the purpose of the municipal sales tax imposed by this Chapter, shall be determined by the provisions of Article 26 of Title 39, C.R.S., as amended, and by the rules and regulations promulgated by the Department of Revenue of the State of Colorado.
(Ord 103 §3.4 2001)
F. Collection, Administration and Enforcement.
1. The collection, administration, and enforcement of this Chapter shall be performed by the Executive Director of the Colorado Department of Revenue in the same manner as the collection, administration, and enforcement of the Colorado State sales tax. Accordingly, the provisions of Articles 21 and 26 of Title 39 and Article 2 of Title 29, C.R.S., as amended and all rules and regulations promulgated by the Director of the Department of Revenue of the State of Colorado, are incorporated herein by this reference.
2. Pursuant to Section 29-2-106, C.R.S., as amended, the Town Council shall, following approval of the municipal sales tax imposed by this Chapter at the special election on November 6, 2001, and prior to November 13, 2001, request that the Director of the Department of Revenue to administer, collect, and distribute the sales tax hereby imposed. The following documents shall be submitted to the Director of the Department of Revenue.
i. A copy of the Ordinance 103, Series 2001, certified by the Town Clerk;
ii. Affidavits of Publication of Ordinance 103, Series 2001;
iii. The Notice of Election published pursuant to the requirements of the Colorado Municipal Election Code or Uniform Election Code for the special municipal election; and
iv. An abstract of election results, certified as to the approval of the sales tax by a majority of the registered electors voting thereon.
3. The vendor (retailer) shall be entitled, as collecting agent for the Town, to withhold a collection fee in the same amount and in the manner as authorized in Section 39-26-105, C.R.S., as amended, from the total amount remitted by the vendor to the Town each month. If any vendor is delinquent in remitting said tax, other than in usual circumstances shown to the satisfaction of the Executive Director of the Department of Revenue, the vendor shall not be allowed to retain any amounts to cover his/her expense in collecting and remitting the tax, and an amount equivalent to the collection fee shall be remitted to the Executive Director by any such delinquent vendor.
4. Any person engaged in the business of selling tangible personal property at retail, or the furnishing of certain services as herein specified who knowingly fails to collect the municipal sales tax as provided for in this Chapter shall be guilty of a violation of this Chapter.
5. Any person convicted of violating any of the provisions of this Chapter shall be punishable by a fine not to exceed three hundred dollars ($300.00), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.
(Ord 103 §3.5 2001)
4.08.050 Sales Tax-Capital Improvement Fund.
A. Pursuant to Section 29-2-111, C.R.S., there is hereby established a special fund of the Town to be known as the “Town of Dinosaur Sales and Use Tax Capital Improvement Fund”. Immediately upon the receipt and collection of the revenues derived from the sales tax imposed under this Chapter, one-half of the revenues derived from such sales tax net of the Town’s cost of collection and administration shall be deposited into such Capital Improvement Fund and shall be used solely to provide capital improvements or to pay debt service on bonds or other obligations issued for the purpose of providing capital improvements, including without limitation, the payment of all costs associated with the construction, installation, acquisition of land, provision, design, completion, improvement, replacement and financing of capital improvements of every character and the acquisition, replacement and financing of equipment, machinery and vehicles.
B. In addition to amounts specified above, the Town Council may elect to deposit additional revenues derived from the sales tax imposed under this Chapter into such Capital Improvement Fund.
C. Amounts deposited to the Capital Improvement Fund shall not be available to be pledged or expended for general municipal purposes.
(Ord 103 §4 2001)
4.08.060 Special Sales Tax; Retail Marijuana and Retail Marijuana Products.
A. Levy of Special Sales Tax on the Sale of Retail Marijuana and Retail Marijuana Products. In addition to the regular municipal sales tax described in this Chapter, there is hereby imposed and there shall be collected and paid a special sales tax on retail marijuana and retail marijuana products equal to 10% of gross receipts upon the sale at retail of retail marijuana and retail marijuana products commencing on January 1, 2021.
(Amended Ord. 1, §1, 2021)
B. Collection, Administration and Enforcement of Special Sales Tax on the Sale of Retail Marijuana and Retail Marijuana Products. The collection, administration and enforcement of the special sales tax on the sale of retail marijuana and retail marijuana products imposed by subsection (A) above shall be performed by the Dinosaur Town Treasurer in the same manner as the collection, administration and enforcement of the regular sales tax except that tax returns and tax payments shall be submitted to the Dinosaur Town Treasurer instead of the Colorado Department of Revenue. If the retailer or vendor pays its regular sales tax on an annual basis, said special sales tax on the sale of retail marijuana and retail marijuana products shall be remitted no later than January 20 of each year. If the retailer or vendor pays its regular sales tax on a monthly basis, the special sales tax on the sale of retail marijuana and retail marijuana products shall be remitted no later than the 20th day of each month. If the retailer or vendor pays its regular sales tax on a quarterly basis, the special sales tax on the sale of retail marijuana and retail marijuana products shall be remitted no later than April 20 for the months of January through March, no later than July 20 for the months of April through June, no later than October 20 for the months of July through September, and no later than January 20 for the months of October through December of the previous year. Such sales tax revenues collected by the retailer or vendor shall be submitted with special sales tax return forms promulgated by the Dinosaur Town Treasurer.
(Ord. 8 §2 2017)
4.08.070 General Provisions.
A. Administration. The Town Council of the Town of Dinosaur may adopt such uniform rules and regulations as may be necessary for the administration and enforcement of this Chapter; and the Town Council or its authorized representatives are hereby empowered to enter into and execute on the behalf of the Town any agreements necessary for the administration and enforcement of this Chapter.
(Ord 103 §5.1 2001)
- 4.16 Retail Marijuana Excise Tax
-
4.16.010 Purpose.
4.16.020 Definitions.
4.16.030 Imposition and Rate of Tax.
4.16.040 Vendor Liable for Tax.
4.16.050 Taxes Collected are Held in Trust.
4.16.060 Licensing and Reporting Procedures.
4.16.070 Collection of Tax.
4.16.080 Audit of Records.
4.16.090 Tax Overpayments and Deficiencies.
4.16.100 Tax Information Confidential.
4.16.110 Forms and Regulations.
4.16.120 Enforcement and Penalties.
4.16.130 Tax Lien.
4.16.140 Recovery of Unpaid Tax.
4.16.150 Status of Unpaid Tax in Bankruptcy and Receivership.
4.16.160 Hearings, Subpoenas and Witness Fees.
4.16.170 Depositions.
4.16.180 Statute of Limitations.
4.16.190 Exemption from Revenue Limitation.
4.16.010 Purpose.
The Town Council of the Town of Dinosaur, Colorado intends that a municipal excise tax be imposed on the first sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility to a retail marijuana store or retail marijuana products manufacturer within the Town. The purpose of this tax is to increase the revenue base for the Town of Dinosaur to fund enforcement of regulations on the retail marijuana industry, other costs related to enforcement of marijuana laws, education and public health programs associated with marijuana consumption, and other Town expenses. All revenues from the tax shall be deposited in the Town’s general fund. The excise tax levied by this Chapter was approved by a majority vote of registered electors voting at the November 8, 2016 coordinated election.
(Ord. 4-17 §1 2017)
4.16.020 Definitions.
As used in this Chapter, “average market rate” means amount determined by the State of Colorado pursuant to Section 39-28.8-101(1), C.R.S. as the average price of unprocessed retail marijuana that is sold or transferred from a retail marijuana cultivation facility to a retail marijuana store or retain marijuana products manufacturer. All other terms in this Chapter shall be the same meaning as set forth in the Town’s Retail Marijuana Licensing Chapter.
(Ord. 4-17 §2 2017)
4.16.030 Imposition and Rate of Tax.
There is hereby levied an excise tax of five percent (5%) upon the average market rate of unprocessed retail marijuana that is sold or transferred from a retail marijuana cultivation facility located in the Town of Dinosaur to a retail marijuana store or retail marijuana products manufacturer.
(Ord. 4-17 §3 2017)
4.16.040 Vendor Liable for Tax.
Each retail marijuana cultivation facility within the Town of Dinosaur shall collect the tax imposed by this Chapter upon every sale or transfer of unprocessed retail marijuana from the cultivation facility. The person charged with the duty to collect taxes also has the burden of proving that any transaction is not subject to the tax imposed by this Chapter.
(Ord. 4-17 §4 2017)
4.16.050 Taxes Collected are Held in Trust.
All sums of money paid by any person or facility to a cultivation facility as excise taxes pursuant to this Chapter are public monies that are the property of the Town of Dinosaur. The person required to collect and remit municipal retail marijuana excise taxes shall hold such monies in trust for the sole use and benefit of the Town of Dinosaur until paying them to the Town’s Treasurer.
(Ord. 4-17 §5 2017)
4.16.060 Licensing and Reporting Procedures.
A. Every person with the duty to collect the excise tax imposed by this Chapter shall obtain an excise tax license from the Town Clerk and shall report such taxes collected on forms prescribed by the Town Clerk and remit such taxes to the Town on or before the tenth (10th) day of the month for the preceding month or months under the report. An excise license shall be valid so long as:
1. The business remains in continuous operation; and
2. The license is not cancelled by the licensee or revoked by the Town; and
3. The business holds a valid retail marijuana license pursuant to Title 5 of this Code.
The excise tax license may be cancelled or revoked by the Town as provided in this Chapter.
B. Whenever a business entity is required to be licensed under this Chapter is sold, purchased, or transferred, so that the ownership interest of the purchaser or seller changes in any respect, the purchaser shall obtain a new excise tax license.
C. Every person engaged in the retail marijuana cultivation business in the Town of Dinosaur shall keep books and records according to the standards of the Town Clerk and this Chapter and subject to the Town Treasurer’s right to audit as set forth in this Chapter.
(Ord. 4-17 §6 2017)
4.16.070 Collection of Tax.
A. If the accounting methods regularly employed by the Vendor in the transaction of business, or other conditions, are such that the returns aforesaid made on a calendar month basis will impose unnecessary hardship, the Town Clerk may, upon request of the Vendor, accept returns at such intervals as will, in the Town Clerk’s opinion, better suit the convenience of the Vendor and will not jeopardize the collection of the tax; provided, however, the Town Clerk may by rule permit a Vendor whose monthly tax obligation is less than one hundred dollars ($100.00) to make returns and pay taxes at intervals not greater than three (3) months.
B. It shall be the duty of every Vendor to maintain, keep and preserve suitable records of all sales made by the Vendor and such other books or accounts as may be required by the Town Clerk in order to determine the amount of the tax of which the Vendor is liable under this Chapter. It shall be the duty of every such Vendor to keep and preserve for a period of three (3) years all such books, invoices and other records and the same shall be open for examination by the Town Clerk or designee.
(Ord. 4-17 §7 2017)
4.16.080 Audit of Records.
A. For the purpose of ascertaining the correct amount of the excise tax due and owing to the Town, the Town Clerk or an authorized agent, may conduct an audit by examining any relevant books, accounts and records of such person.
B. All books, invoices, accounts and other records shall be made available within the Town limits and be open at any time during regular business hours for examination by the Town Clerk or an authorized agent. If any taxpayer refuses to voluntarily furnish any of the foregoing information when requested, the Town Clerk may issue a subpoena to require that the taxpayer or its representative attend a hearing or produce any such books, accounts and records for examination. Any such subpoena may be enforced by the Dinosaur Municipal Court.
C. Any person claiming an exemption under the provisions of this Chapter is subject to audit in the same manner as any other person engaged in the sale or transfer of unprocessed retail marijuana in the Town.
(Ord. 4-17 §8 2017)
4.16.090 Tax Overpayments and Deficiencies.
An application for refund of tax monies paid in error or by mistake shall be made within three (3) years after the date of payment for which the refund is claimed. If the Town Clerk determines that within three (3) years of the due date, a Vendor overpaid the excise tax upon the sale or transfer of unprocessed retail marijuana, he/she shall process a refund or allow a credit against a future remittance from the same taxpayer. If at any time the Town Clerk determines the amount paid is less than the amount due under this Chapter, the difference together with the interest shall be paid by the retail marijuana cultivation facility within ten (10) days after receiving written notice and demand from the Town Clerk. The Town Clerk may extend that time for good cause.
(Ord. 4-17 §9 2017)
4.16.100 Tax Information Confidential.
A. All specific information gained under the provisions of this Chapter which is used to determine the tax due from a taxpayer, whether furnished by the taxpayer or obtained through an audit, shall be treated by the Town and its officers, employees or legal representatives as confidential. Except as directed by judicial order or as provided in this Chapter, no Town officer, employee, or legal representative shall divulge any confidential information. If directed by judicial order, the officials charged with the custody of such confidential information shall be required to provide only such information as is directly involved in the action or proceeding. Any Town officer or employee who shall knowingly divulge any information classified herein as confidential, in any manner, except in accordance with proper judicial order, or as otherwise provided in this Chapter or by law, shall be guilty of a violation thereof.
B. The Town Clerk may furnish to officials of any other governmental entity who may be owed sales tax or excise taxes any confidential information, provided that said jurisdiction enters into an agreement with the Town to grant reciprocal privileges to the Town.
C. Nothing contained in this Section shall be construed to prohibit the delivery to a taxpayer or its duly authorized representative a copy of such confidential information relating to such taxpayer, the publication of statistics so classified as to prevent the identification of particular taxpayers, or the inspection of such confidential information by an officer, employee, or legal representative of the Town.
(Ord. 4-17 §9 2017)
4.16.110 Forms and Regulations.
The Town Clerk is hereby authorized to prescribe forms and promulgate rules and regulations to aid in the making of returns, the ascertainment, assessment and collection of said excise tax on the sale or transfer of unprocessed retail marijuana and in particular and without limiting the general language of this Chapter, to provide for:
A. A form of report on the sale or transfer of unprocessed retain marijuana to be supplied to all Vendors;
B. The records which retail marijuana cultivation facilities are to keep concerning the tax imposed by this Chapter.
(Ord. 4-17 §10 2017)
4.16.120 Enforcement and Penalties.
A. It shall be unlawful for any person to intentionally, knowingly, or recklessly fail to pay the tax imposed by this Chapter, or to make any false or fraudulent return, or for any person to otherwise violate any provisions of this Chapter. Any person convicted of a violation of this Chapter shall be deemed guilty of a municipal offense, punishable by a fine of up to three hundred dollars ($300.00) and ninety (90) days imprisonment or by both such fine and imprisonment. Each day, or portion thereof, that any violation of this Chapter continues shall constitute a separate offense.
B. A penalty in the amount of ten percent (10%) of the tax due or the sum of ten dollars ($10.00), whichever is greater, shall be imposed upon the retail marijuana cultivation facility and become due in the event the tax is not remitted by the tenth (10th) day of the month as required by this Chapter, or such other date as prescribed by the Town Clerk, and one and one-half percent (1.5%) interest shall accrue each month on the unpaid balance. The Town Clerk is hereby authorized to waive, for good cause shown, any penalty assessed.
C. If any part of a deficiency is due to negligence or intentional disregard of regulations, but without intent to defraud, there shall be added ten percent (10%) of the total amount of the deficiency, and interest, from the retail marijuana cultivation facility was required to file a return. If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be fifty percent (50%) of the total amount of the deficiency together with interest and in such case, the whole amount of the unpaid tax, including the additions, shall become due and payable ten (10) days after written notice and demand by the Town Clerk.
D. If any retail marijuana cultivation facility fails to make a return and pay the tax imposed by this Chapter, the Town may make an estimate, based upon available information of the amount of tax due and add the penalty and interest provided above. The Town shall mail notice of such estimate, by certified mail, to the retail marijuana cultivation facility at its address as indicated in the Town records. Such estimate shall thereupon become an assessment, and such assessment shall be final and due and payable from the taxpayer to the Town Clerk ten (10) days from the date of service of the notice or the date of mailing by certified mail; provided, however, that within the ten (10) day period such delinquent taxpayer may petition the Town Clerk for a revision or modification of such assessment and shall, within such ten (10) day period, furnish the Town Clerk the documents, facts and figures showing the correct amount of such taxes due and owing.
E. Such petition shall be in writing and the facts and figures submitted shall be submitted in writing, and shall be given by the taxpayer under penalty of perjury. Thereupon, the Town Clerk may modify such assessment in accordance with the facts submitted in order to effectuate the provisions of this Chapter. Such assessment shall be considered the final order of the Town Clerk, and may be reviewed by a Court of competent jurisdiction under Rule 106(a)(4) of the Colorado Rules of Civil Procedure, provided that the taxpayer gives written notice to the Town Clerk of such intention within ten (10) days after receipt of the final order of assessment.
(Ord. 4-17 §11 2017)
4.16.130 Tax Lien.
A. The tax imposed by this Chapter, together with the interest and penalties herein provided and the costs of collection which may be incurred, shall be, and until paid, remain a first and prior lien superior to all other liens on all of the tangible personal property of a taxpayer within the Town and may be foreclosed by seizing under distraint warrant and selling so much thereof as may be necessary to discharge the lien. Such distraint warrant may be issued by the Town Clerk whenever the taxpayer is in default in the payment of the tax, interest, penalty or costs. Such warrant may be served and the goods subject to such lien seized by any Town peace officer, Moffat County Sheriff or any duly authorized employee of the Town. The property so seized may be sold by the agency seizing the same or by the Town Clerk at public auction after ten (10) days have passed following an advertised notice in a newspaper published or distributed in the Town, in the same manner as is prescribed by law in respect to executions against property upon judgment of a court of record, and the remedies of garnishment shall apply.
B. The tax imposed by this Chapter shall be, and remain, a first and prior lien superior to all other liens on the real property and appurtenant premises at which the taxable transactions occurred.
(Ord 4-17 §12 2017)
4.16.140 Recovery of Unpaid Tax.
A. The Town Clerk may also treat any such taxes, penalties, costs or interest due and unpaid as a debt due the Town from the taxpayer.
B. In case of failure to pay the taxes, or any portion thereof, or any penalty, costs or interest thereon, when due, the Town Clerk may recover at law the amount of such taxes, penalties, costs, the reasonable attorney’s fees, including legal assistant’s fees, charged, plus interest, in any county or district court of the county wherein the taxpayer resides or had a principal place of business (at the time the tax became due) having jurisdiction of the amount sought to be collected.
C. The return of the taxpayer or the assessment made by the Town Clerk shall be prima facie proof of the amount due.
D. Such actions may be actions in attachment, and writs of attachment may be issued to the Moffat County Sheriff, as the case may be, and in any such proceeding no bond shall be required of the Town Clerk, nor shall any Town peace officer or sheriff require of the Town Clerk an indemnifying bond for executing the writ of attachment or writ of execution upon any judgment entered in such proceedings. The Town Clerk may prosecute appeals in such cases without the necessity of providing a bond therefor.
E. It shall be the duty of the Town Attorney, when requested by the Town Clerk, to commence an action for the recovery of taxes due under this Chapter and this remedy shall be in addition to all other existing remedies, or remedies provided in this Chapter.
F. The Town may certify the amount of any delinquent tax, plus interest, penalties and the costs of collection, as a charge against the property at which the taxable transaction occurred to the Moffat County Treasurer for collection in the same manner as delinquent ad valorem taxes pursuant to Section 31-20-105, C.R.S.
(Ord. 4-17 §13 2017)
4.16.150 Status of Unpaid Tax in Bankruptcy and Receivership.
Whenever the business or property of a taxpayer subject to this Chapter shall be placed in receivership, bankruptcy or assignment for the benefit of creditors, or seized under distraint for taxes, all taxes, penalties and interest imposed by this Chapter and for which the taxpayer is in any way liable under the terms of this Chapter shall be a prior and preferred lien against all the property of the taxpayer, except as to other tax liens which have attached prior to the filing of the notice, and no sheriff, receiver, assignee or other officer shall sell the property of any person subject to this Chapter under process or order of any court, without first ascertaining from the Town Clerk the amount of any taxes due and payable under this Chapter, and if there be any such taxes due, owing and unpaid, it shall be the duty of such officer to first pay the amount of the taxes out of the proceeds of such sale before making payment of any monies to any judgment creditor or other claimants of whatsoever kind in nature, except the costs of the proceedings and other preexisting tax liens as above provided.
(Ord. 4-17 §14 2017)
4.16.160 Hearing, Subpoenas and Witness Fees.
A. Hearings before the Town Clerk pursuant to provisions in this Chapter shall be held in a manner that provides due process of law. Any subpoena issued pursuant to this Chapter may be enforced by the Dinosaur Municipal Judge pursuant to Section 13-10-112(2), C.R.S. The fees for witnesses for attendance at hearings shall be the same as the fees of witnesses before the district court, such fees to be paid when the witness is excused from further attendance. When the witness is subpoenaed at the instance of the Town Clerk, such fees shall be paid in the same manner as other expenses under the terms of this Chapter, and when a witness is subpoenaed at the instance of any party to any such proceeding, the Town Clerk may require that the cost of service of the subpoena and the fee of the witness be borne by the party at whose instance the witness is summoned. In such case, the Town Clerk, at her discretion, may require a deposit to cover the cost of such service and witness fee. A subpoena issued as aforesaid shall be served in the same manner as a subpoena issued out of a court of record.
B. The Dinosaur Municipal Judge, upon the application of the Town Clerk, may compel the attendance of witnesses, the production of books, papers, records or memoranda, and the giving of testimony before the Town Clerk or any duly authorized hearing officers, by an action for contempt, or otherwise, in the same manner as production of evidence may be compelled before the Court.
(Ord. 4-17 §15 2017)
4.16.170 Depositions.
The Town Clerk or any party in an investigation or hearing before the Town Clerk may cause the deposition of witnesses residing within or without the State to be taken in the manner prescribed by law for like depositions in civil actions in courts of this State and to that end compel the attendance of witnesses and the production of books, papers, records or memoranda.
(Ord. 4-17 §16 2017)
4.16.180 Statute of Limitations.
A. Except as otherwise provided in this Chapter, the taxes for any period, together with interest thereon and penalties with respect thereto, imposed by this Chapter shall not be assessed, nor shall notice of lien be filed, or distraint warrant be issued, or suit for collection be instituted, or any other action to collect the same be commenced, more than three (3) years after the date on which the tax was or is payable, nor shall any lien continue after such period, except for taxes assessed before expiration of such three (3) year period when the notice of lien with respect to which has been filed prior to the expiration of such period.
B. In case of a false or fraudulent return with intent to evade taxation, the tax, together with interest and penalties thereon, may be assessed, or proceedings for the collection of such taxes may be commenced at any time.
C. Before the expiration of such period of limitation, the taxpayer and the Town Clerk may agree in writing to an extension thereof, and the period so agreed on may be extended by subsequent agreements in writing.
(Ord. 4-17 §17 2017)
4.16.190 Exemption from Revenue Limitations.
In accordance with the approval of the registered electors voting at the November 8, 2016 coordinated election, the revenues derived from the tax imposed by this Chapter shall be collected and spent as a voter approved revenue change, notwithstanding any revenue or expenditure limitations contained in Article X, Section 20, of the Colorado Constitution.
(Ord. 4-17 §18 2017)
- 4.14 Lodging Occupation Tax
-
Reserved
- 4.15 Medical Marijuana Center Occupation Tax
-
Reserved
- 4.17 Medical Marijuana Sales Tax
-
Reserved
-
- 5.02 - Business and Occupation License
-
5.02.010 License Required.
5.02.020 Term of License.
5.02.030 License Fee.
5.02.040 Applicability.
5.02.050 Issuance of License.
5.02.060 Classification of Activity.
5.02.070 License to be Displayed.
5.02.080 Revocation of License.
5.02.090 Non-Profit Organizations-Exemption.
5.02.100 Enforcement.
5.02.110 Penalties.
5.02.010 License Required.
No person, partnership, association or corporation, or any officer, director or agent thereof, shall conduct, carry on or engage in any business, occupation, avocation or calling, for which a general business license is required in the Town of Dinosaur without first obtaining a license and paying a fee therefor.
(Ord. 3, §1, 1947; Amended Ord. 66; Amended Ord. 85, §1, 1995)
5.02.020 Term of License.
A general business license shall be issued for a period beginning on January 1 and ending on December 31 of each year. A temporary business license may be issued for a period not to exceed ten (10) days. In the event the business or occupation is commenced after January 1, a license shall be obtained within ten (10) days of commencing such activity. No license may be assigned or transferred, nor may any license authorize any other person or entity to do business or act under the terms of the license.
(Ord. 3, §5, 1947; Amended Ord. 66; Amended Ord. 85, §2, 1995)
5.02.030 License Fee.
The annual fee for a business license shall be twenty-five dollars ($25.00). In the event the license is obtained after January 1, the entire amount of the fee shall be due regardless of when such activity was commenced. The fee for a temporary license shall be ten dollars ($10.00) per day.
(Ord. 3, §1, 1947; Amended Ord. 66; Amended Ord. 85, §3, 1995)
5.02.040 Applicability.
A general business license shall be required for any business, trade, occupation, profession, avocation or calling which is engaged in for the purpose of making a profit, whether or not a profit is actually made, within the Town of Dinosaur. Such general business license shall not apply to an activity that is exempt by virtue of State or federal law, or if subject to a similar license requirement under the Municipal Code of the Town of Dinosaur, such as a retail marijuana business license, or to an activity as an employee of a governmental entity, or of another person or entity who has obtained a business license.
(Ord. 66; Amended Ord. 85, §4, 1995)
5.02.050 Issuance of License.
Any person, partnership, association or corporation desiring to obtain a general business license to conduct or carry on any activity for which a license is required shall apply for such license with the Town Clerk on forms prescribed by the Clerk.
(Ord. 3, §4, 1947; Amended Ord. 66; Amended Ord. 85, §5, 1995)
5.02.060 Classification of Activity.
A. Every party conducting a business or occupation in more than one (1) store, stand or other place of business, shall obtain a separate license for each place of business, unless such places of business are contiguous to each other, communicate directly with and open to each other, and are operated as a unit. A business may be transferred from one (1) location to another without obtaining an additional license.
B. Every party engaged in more than one (1) business classification shall obtain a license for each activity engaged in.
C. A general business license shall be required for each business classification including:
- Temporary Lodging
Mail order sales
Convenience Store (with or without gas pumps)
Child care (if license is required by Dept. of Social Services)
Grocery Store
General maintenance/janitorial services
Pharmacy
Pawn shop
Gasoline sales/vehicular service
Financial services
Liquor store
Business or professional office
Restaurant
Storage yard
Mobile home or recreation vehicle park/sales/service
Shop for blacksmith, wood working, metal working, glazing, machining, printing
Retail sales
Taxidermy
Wholesale sales
Laundry/dry cleaning
Propane gas sales and delivery
Manufacturing/Assembly / Processing/Packaging
Utility
Street vendor
Door to door sales
Appliance/machinery / electronic repair and service
D. The Town Clerk shall initially determine the classification of the business, occupation, avocation or calling, and whether one or more business licenses is required by the terms of this Chapter. In the event the Town Clerk cannot make such determination, or in the event an applicant disagrees with the determination of the Town Clerk, the Town Council shall make the necessary determinations. Any appeal to the Town Council by a person or an entity aggrieved by a decision of the Town Clerk shall be made in writing within fifteen (15) days of the determination by the Town Clerk. All final determinations by the Town Council shall be only made following at least ten (10) days written notice to the appellant and an opportunity to be heard.
(Ord. 66; Amended Ord. 85, §6, 1995)
5.02.070 License to be Displayed.
All business licenses shall be prominently displayed at the place where the licensee is conducting the business, occupation, avocation or calling, and shall be visible to the general public.
5.02.080 Revocation of License.
The Town Council may revoke any business license issued under the provisions of this Chapter upon a determination that the licensee has engaged in fraud or misrepresentation while engaging in the business activity, or upon a determination that the licensee is not authorized to engage in the activity under the laws of the State of Colorado. A license shall only be revoked following ten (10) days written notice to the licensee and a hearing on such revocation. The hearing shall be conducted, as nearly as practical, in accordance with the provisions of the Colorado Administrative Procedures Act.
(Ord. 66; Amended Ord. 85, §8, 1995)
5.02.090 Non-Profit Organizations-Exemption.
The Town Council may, in its discretion, reduce or waive any license fee for any activity conducted by a charitable, governmental or religious organization.
(Ord. 66; Amended Ord. 85, §9, 1995)
5.02.100 Enforcement.
In the event any person, partnership, association or corporation fails to obtain a license as required by this Chapter, the Town of Dinosaur may file an action in any court of competent jurisdiction to enforce the terms of this Chapter, including the payment of the license fee, and shall have the right to obtain an injunction compelling such party to obtain the required license prior to further engaging in a business activity.
(Ord. 66; Amended Ord. 85, §10, 1995)
5.02.110 Penalties.
Any person, partnership, association or corporation, or any officer, director or agent thereof, who violates any provisions of this Chapter commits a municipal offense. Said offense shall be punishable by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each violation. A separate and distinct offense shall be deemed to have been committed for each day on which any violation of this Chapter shall continue.
(Ord. 3, §6, 1947; Amended Ord. 66; Amended Ord. 85, §11, 1995)
- Temporary Lodging
- 5.06 Licensed Liquor Establishments - Requirements
-
5.06.010 Definitions.
5.06.020 Delegation of Authority to Town Clerk.
5.06.030 Distance Limitations.
5.06.040 Special Event Permits.
5.06.050 Alcoholic Beverage Tastings.
5.06.060 General Penalty Guidelines for Violations.
5.06.070 Penalty Guidelines for Violations Involving Compliance Check.
5.06.080 Unlawful Acts.
5.06.090 Festival Permits.
5.06.010 Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning. Terms shall have the same meaning as defined in Section 44-3-103, C.R.S.
“Manager” means any person who manages, directs, supervises, oversees or administers an establishment and its employees preparing, selling, serving or otherwise providing alcohol beverages for consumption on the premises pursuant to a tavern or hotel restaurant license issued thereof.
“Offense” or “violation” means any violation by the licensee or by any of the agents, servants, or employees of such licensee of the provisions of Title 44, Articles 3 and 4, C.R.S., or any of the rules and regulations authorized pursuant to said articles, or of any terms, conditions, or provisions of the license issued by the Local Licensing Authority, as determined by a court of competent jurisdiction, or as determined by the State Licensing Authority or the Local Licensing Authority, following an opportunity for a hearing as provided by law.
“Server” means any person who is employed by a licensee to prepare, serve, sell or otherwise provide alcohol beverages pursuant to a tavern license or hotel restaurant license.
“Tastings” mean the sampling of malt, vinous or spirituous liquors that may occur on the premises of a retail liquor store licensed or liquor-licensed drugstore licensee by adult patrons of the licensee pursuant to the provisions of Section 44-3-301(10), C.R.S. and Section 5.06.050.
5.06.020 Delegation of Authority to Town Clerk.
As set forth below, the Town Clerk is authorized to administratively review and approve changes to managers; special event permits; and local festival permits.
(Ord. 1-2023, § 1, 2023)
Supplemental Applications. To hold any additional festival after the initial festival, which was described in the initial application, the permittee must notify the State and the Town Clerk at least thirty (30) days prior to the additional festival being held of an intent to host a subsequent festival. If the Town is notified at least thirty (30) days in advance of the subsequent festival, the subsequent festival is presumed to be approved unless the Town Clerk has grounds to deny the subsequent festival provided by subsection (G) of this Section.
A finding that the application, if granted, would result in violation of State or local laws, rules, or regulations.
The filing of an incomplete or late application; or
A documented history of liquor violations;
Denial. The Town Clerk may deny an application for the following reasons:
Pay the required application fee as set by the fee schedule.
Identify controlled access and boundaries to the festival for alcohol consumption, comply with security requirements deemed necessary by the Town, agree to adherence to nuisance issues, including trash removal and noise.
File the application with the Town Clerk at least thirty (30) days before the festival is to be held.
Specify the licensed premises for the festival to be held; and
Application-Application for Issuance of a Festival Permit. The applicant for a festival permit must:
Hours. In no case shall a festival be held for longer than seventy-two (72) hours.
Number. Each festival permit shall allow the licensee to hold nine (9) festivals during the 12-month period following the permit is issued.
Participation. The licensee who hosts the festival shall be the licensee who files the application for the festival permit; provided that other licensees of the types described in subsection (B) hereof may jointly participate under the permit.
Wholesaler.
Vintner’s restaurant; and
Tavern;
Manufacturer;
Hotel and restaurant;
Distillery pub;
Brew pub;
Beer and wine;
Eligible Licensees. The following license types are eligible to apply for a festival permit:
5.06.090 Festival Permits.
Permit Required. A licensee who wishes to host a festival shall first obtain a permit from the State and the Town, except a limited winery or winery licensee need not obtain a festival permit from the Town. A licensee applying for both a festival permit and special event permit from the State need not obtain a festival permit from the Town.
The above offenses, unless otherwise indicated, shall constitute strict liability offenses.
To fail to immediately contact the Marshal’s Department or other law enforcement agency upon the happening of any act within the licensed establishment apparently constituting harassment, as defined in Section 10.12.030; disorderly conduct, as defined in Section 10.12.040; assault and battery, as defined in Section 10.12.060; or criminal trespass, as defined in Section 10.14.060. The mere number of calls made by a licensed establishment to the Marshal’s Department or other law enforcement agency for such purposes shall not be used against a licensee at a suspension, revocation or license renewal hearing.
To fail to conduct the licensed premises in a decent, orderly and respectable manner; to knowingly permit on the licensed premises the loitering of a visibly intoxicated person or habitual drunkard; or to knowingly permit any activity or acts of disorderly conduct as defined by and provided for in Section 18-9-106, C.R.S.; or to permit rowdiness, undue noise, or other disturbances or activity offensive to the senses of the average citizen or to the residents of the neighborhood in which the licensed establishment is located.
With knowledge, to permit or fail to prevent the use of his identification, including a driver’s license, by a person who is under 21 years of age, for the unlawful purchase of any alcohol beverage.
The sell an alcohol beverage to any person under the age of 21 years, to a habitual drunkard, or to a visibly intoxicated person. If a person who is not 21 years of age exhibits a fraudulent proof of age, any action relying on such fraudulent proof of age shall not constitute grounds for the revocation or suspension of any license issued under Title 44, Article 3 or 4, C.R.S.
5.06.080 Unlawful Acts.
It is unlawful for any person licensed to sell alcohol pursuant to the Colorado Beer Code, Title 44, Article 4, C.R.S., or the Colorado Liquor Code, Title 44, Article 3, C.R.S.:
The Local Licensing Authority shall have the power to impose on a licensee as a condition of a period of suspension held in abeyance, or as a condition of renewal of a license, any condition(s) reasonably related to the offenses leading to the suspension or the conduct of the business whose license is to be renewed.
Notwithstanding the presumptive penalties set forth above, the Town Attorney reserves the right to request revocation of a license for any violation.
In the event a license for the retail sale of malt, vinous or spirituous liquor for on-premises consumption is suspended, and an actual closure is ordered, there shall be a mandatory closure of at least one (1) day commencing at 12:01 a.m. or 2:01 a.m. on a Saturday and ending at 12:00 midnight the same day. In the event a license for the retail sale of malt, vinous or spirituous liquor for off-premises consumption is suspended, suspension shall not include Sundays.
Any period of actual closure imposed as part of a suspension by the Local Licensing Authority must run consecutive to any previously imposed period of closure.
In the event a second or subsequent action is brought before the Local Licensing Authority for a violation of the Colorado Beer Code or Colorado Liquor Code involving a compliance check, and the licensee is found to have committed such violation, days suspended but held in abeyance in a previous action shall automatically be imposed, plus any additional suspension for the new violation as determined by the Local Licensing Authority.
General Provisions Concerning Imposition of Penalty.
Licensee or the manager is the violator or has directed an employee or other individual to violate the law.
The dress or appearance of the underage operative, i.e., the operative wearing a high school letter jacket.
Prior notification letter to the licensee that a compliance check would be forthcoming.
Factors which might make the situation unique, such as:
Likelihood of recurrence of the violation.
Willfulness or deliberateness of the violation.
Prior violations/prior corrective action(s) and its effectiveness.
Corrective action(s) taken by the licensee.
Licensee’s past history of success or failure with compliance checks.
Action taken by the licensee to prevent violations, i.e., training of servers.
Aggravating and Mitigating Circumstances. The Local Licensing Authority may also consider aggravating and mitigating factors when considering the imposition of the penalty for violations involving compliance checks. These factors may include:
Fourth offense (within two years): a minimum 45-day suspension up to and including revocation shall be imposed.
Third offense (within one year): a 20-to-40-day suspension shall be imposed.
Second offense (within one year): a five day to 30-day suspension. If no suspension was swerved at the time of the first offense, it is within the discretion of the licensing authority to hold a portion of the suspension time in abeyance for a period of time.
-
-
- As an inducement for licensees to provide training to servers, because server training has proven to be an aid in the reduction of violations, it is recommended that, where there are no aggravating circumstances, a licensee who has provided training to its staff members be issued only a warning on the first violation.
-
-
-
- A written warning up to a 15-day suspension. The Local Licensing Authority may hold a portion of the suspension time in abeyance for a period of time.
-
5.06.070 Penalty Guidelines for Violations Involving Compliance Check.
When the Local Licensing Authority finds that a licensee has sold alcohol beverages to a person under the legal age limit and that said violation was investigated or detected by using a person under 21 years of age to purchase alcohol beverages from the licensee, the Local Licensing Authority may consider the following penalties to be imposed for the violation.
First offense (within one year):
-
-
- The Local Licensing Authority shall have the power to impose on a licensee as a condition of a period of suspension to be held in abeyance, or as a condition of renewal of a license, any condition(s) reasonably related to the offenses leading to the suspension or the conduct of the business whose license is to be renewed.
-
-
-
- Notwithstanding the presumptive penalties set forth above, the Town Attorney reserves the right to request revocation of a license for any violation.
-
-
-
- In the event a license for the retail sale of malt, vinous or spirituous liquor for on-premises consumption is suspended, and an actual closure is ordered, there shall be a mandatory closure of at least one (1) day commencing at 12:01 a.m. or 2:01 a.m. on a Saturday and ending at 12:00 midnight the same day. In the event a license for a retail sale of malt, vinous or spirituous liquor for off-premises consumption is suspended, suspension days shall not include Sundays.
-
-
-
- Any period of actual closure imposed as part of a suspension by the Local Licensing Authority must run consecutive to any previously imposed period of closure.
-
-
-
- In the event a second or subsequent action is brought before the Local Licensing Authority for a violation of the Colorado Beer Code, Colorado Liquor Code, or regulations promulgated thereunder, and licensee is found to have committed such violation, days suspended but held in abeyance in a previous action shall automatically be imposed, plus any additional suspension for the new violation as determined by the Local Licensing Authority.
-
General Provisions Concerning Imposition of Penalty.
-
-
- Licensee or the manager is the violator or has directed an employee or other individual to violate the law.
-
-
-
- Seriousness of violation.
-
-
-
- Likelihood of recurrence of the violation.
-
-
-
- Willfulness or deliberateness of the violation.
-
-
-
- Prior violations, prior warnings, prior corrective action(s) and its effectiveness.
-
-
-
- Licensee’s past history.
-
-
-
- Corrective action(s) taken by the licensee to prevent further violations, i.e., training of servers.
-
Code Violation
Penalty
-
- Sale to underage persons, Section 44-3-901, C.R.S.
First offense
15 days total suspension, 5 days actually served and 10 days held in abeyance for a period of one year from the date of hearing pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license
Second offense within two (2) years of first violation
30 days total suspension, 10 days actually served and 20 days held in abeyance for a period of one yare from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license
Third offense within two (2) years of first violation
45 days total suspension, 15 days actually served and 30 days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license
Fourth and subsequent offenses within two years of first violation
60 days suspension to be served by actual closure; no days held in abeyance; or revocation
-
- Sale to or loitering of visibly intoxicated patron or habitual drunkard, Section 44-3-901, C.R.S., Regulation 47-900
First offense
15 days total suspension, 5 days actually served and 10 days held in abeyance for a period of one year from the date of the hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license
Second offense within two years of first violation
30 days total suspension, 10 days actually served and 20 days held in abeyance for a period of one year from the date of the hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license
Third offense within two years of first violation
45 days total suspension, 15 days actually served and 30 days held in abeyance for a period of one year from the date of the hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license
Fourth and subsequent offenses within two years of first violation
60 days suspension to be served by actual closure; no days held in abeyance; or revocation
-
- Purchase of alcoholic beverages from someone other than a licensed wholesaler, Section 44-3-901, C.R.S.
First offense
10 days total suspension, 3 days actually served and 7 days held in abeyance for a period of one year from the date of the hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license
Second and subsequent offenses within one year of first violation
10 days total suspension, 5 days actually served and 5 days held in abeyance for a period of one year from the date of the hearing, pending no further violations, of state codes, regulations or local ordinances regarding subject matter of respondent’s license
-
- Failure to meet food requirements, Section 44-3-413, C.R.S. (Hotel and Restaurant Licenses), Section 44-3-414, C.R.S. (Tavern Licenses)
First offense
15 days total suspension, 5 days actually served and 10 days held in abeyance for a period of one year from the date of the hearing, pending no further violations, of state codes, regulations or local ordinances regarding subject matter of respondent’s license, with 30 days to come into compliance
Second and subsequent offenses within two years of first violation
15 days total suspension, 5 days actually served and 10 days held in abeyance for a period of one year from the date of the hearing, pending no further violations, of state codes, regulations or local ordinances regarding subject matter of respondent’s license with 30 days to come into compliance
-
- Permitting use of gambling machines and devices, Section 44-3-901, C.R.S., Regulation 47-922
First offense
45 days total suspension, 15 days actually served and 30 days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license
Second offense within one year of first violation
45 days suspension to be served by actual closure, no days held in abeyance
Third and subsequent offenses within one year of first violation
Revocation
-
- Permitting illegal gambling, Section 44-3-901, C.R.S., Regulation 47-922
First offense
10 days total suspension, 3 days actually served and 7 days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license
Second and subsequent offenses within one year of first violation
45 days total suspension, 15 days actually served and 30 days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license; or revocation
-
- Failure to maintain adequate books and records, Section 44-3-701, C.R.S.
First offense
15 days total suspension, 10 days actually served and 20 days held in abeyance for a period of one year form the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject mater of respondent’s license
Second and subsequent offenses within one year of first violation
30 days total suspension, 10 days actually served and 20 days held in abeyance for a period of one year from date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license; or revocation
-
- Sale or consumption of alcohol beverages after legal hours, Section 44-3-901, C.R.S., Regulation 47-910
First offense
10 days total suspension, 3 days actually served and 7 days held in abeyance for a period of one year from date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license.
Second and subsequent offenses within one year of first violation
30 days total suspension, 10 days actually served and 20 days held in abeyance for a period of one year from date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license; or revocation
-
- Permitting improper conduct within establishment, other than serving or loitering of visibly intoxicated persons or habitual drunkard, Regulation 47-900
First offense
30 days total suspension, 10 days actually served and 20 days held in abeyance for a period of one year from date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license
Second offense within two years of first violation
45 days total suspension, 15 days actually served and 30 days held in abeyance for a period of one year from date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license; or revocation
Third and subsequent offenses within two years of first violation
45 days suspension, to be served by actual closure, no days held in abeyance; or revocation
-
- Failure to report manager, corporate or financial change, Section 44-3-301, C.R.S., Regulation 47-304
First offense
5 days total suspension, all t days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license
Second and subsequent offenses within one year of first violation
10 days total suspension, 3 days actually served, and 7 days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license
-
- Underage employee serving alcoholic beverages, Section 44-3-901(6)(a), C.R.S., Regulation 47-913
First offense
7 days total suspension, 2 days actually served, and 5 days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license
Second offense within one year of first violation
14 days total suspension, 4 days actually served, and 10 days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license
Third and subsequent offenses within one year of first violation
30 days total suspension, 10 days actually served, and 20 days held in abeyance for a period of one year from the date of hearing, pending no further violations of state codes, regulations or local ordinances regarding subject matter of respondent’s license
Aggravating and Mitigating Circumstances. In considering whether to deviate from the presumptive penalty guidelines set forth above, the Local Licensing Authority may consider mitigating and aggravating factors when considering the imposition of the penalty. Such factors may include:
5.06.060 General Penalty Guidelines for Violations.
The presumptive penalties for violations of certain provisions of the Colorado Beer Code and the Colorado Liquor Code shall be subject to the following presumptive penalties; provided that such presumptive penalties shall not restrict the Local Licensing Authority’s discretion to impose a greater or lesser penalty.
Presumptive Penalties.
Every application for an alcoholic beverage tastings permit or renewal thereof shall be accompanied by an application fee in an amount set forth by resolution of the Town Council.
The applicant for an alcoholic beverage tastings permit shall certify on the application that all persons serving alcoholic beverages at tastings have completed a server training program that meets the standards established by the liquor enforcement division of the State Department of Revenue. The applicant shall also state on the application the days and times that tastings will occur. The licensee shall give at least twenty-four (24) hours prior notice to the Marshal’s Department of any deviations in the tastings schedule as set forth in the application.
A retail liquor store licensee or a liquor-licensed drugstore licensee who desires to conduct tastings may submit an application to the Town Council, acting as the Local Licensing Authority. The Town Council may reject the application if the applicant fails to establish that it is able to conduct tastings in compliance with Section 44-3-301(10), C.R.S. or without creating a safety risk to the neighborhood. An approved alcohol beverage tastings permit shall have an expiration date concurrent with the establishment’s existing retail liquor store license or liquor-licensed drugstore license and shall be subject to annual renewals accordingly.
5.06.050 Alcoholic Beverage Tastings.
In accordance with Section 44-3-301(10)(a), C.R.S., retail liquor store licensees and liquor-licensed drugstore licensees may conduct alcohol beverage tastings subject to the limitations contained in Section 44-3-301(10), C.R.S., and subject to approval by the Town Council, acting as the Local Licensing Authority, of an alcoholic beverage tastings permit and payment of all requisite fees.
Pursuant to Section 44-5-105, C.R.S., a special event permit shall not be issued to any organization for more than fifteen (15) days in any one calendar year.
As required by Section 44-5-107(5)(a), C.R.S., the Town Clerk, acting on behalf of the Local Licensing Authority, shall report to the State Liquor Enforcement Division within ten (10) days after the issuance of a permit, the name of the organization to which a permit was issued, the address of the permitted location, and the permitted dates of alcohol beverage service.
The Local Licensing Authority may deny issuance of a special event permit if it determines that the issuance would be injurious to the public welfare, because of the nature of the special event, or the applicant’s ability to conduct the event in compliance with applicable laws and regulations. Special event permits shall not be transferable.
Upon receipt of an application for a special event permit, the Local Licensing Authority, shall, as required by Section 44-5-107(5)(c), C.R.S., access information made available on the State Licensing Authority’s website to determine the statewide permitting activity of the organization applying for the permit. Before approving an application, the Town Council shall consider compliance with Section 44-5-105(3) C.R.S., which restricts the number of permits issued to an organization in a calendar year.
Any organization or political candidate desiring to sell alcohol beverages at a special event shall obtain a permit from the Local Licensing Authority by first completing an application and paying the fee established by resolution of the Town Council. An application shall be filed at least thirty (30) days prior to the event, unless waived by the Town Clerk for good cause shown.
5.06.030 Distance Limitations.
Pursuant to Section 44-3-313(1)(d), C.R.S., there is no required minimum distance between a building in which malt, vinous or spirituous liquor is sold pursuant to the issuance of any license under Title 44, Articles 3 or 4, C.R.S., and any public or parochial school or the campus of any college, university or seminary.
5.06.040 Special Event Permits.
Pursuant to Section 44-5-107(5)(a), C.R.S., the Town Council, acting as the Local Licensing Authority, elects not to obtain the State Licensing Authority’s approval or disapproval of applications for special events permits pursuant to Title 44, Article 5, C.R.S. The Town Council hereby authorizes the issuance of special event permits for the sale, by the drink only, of alcohol beverages by the Town, organizations, and political candidates in accordance with this Chapter and Title 44, Article 5, C.R.S. No alcoholic beverages shall be sold at any special event until a special event permit is obtained from the Town. The standards in this Chapter shall be in addition to all other applicable requirements of the Colorado Liquor Code, Section 44-3-101, et. seq., C.R.S.
The Town Clerk shall report to the Authority in a timely manner all actions taken by the Town Clerk under this Section.
Any applicant or party in interest, as defined in Section 44-3-311, C.R.S., who is dissatisfied with a decision of the Town Clerk under this Section may appeal the same to the Local Licensing Authority by filing a written protest with the Town Clerk not more than ten (10) days after the date of the decision. The Town Clerk shall promptly set the appeal for a hearing before the Local Licensing Authority, which hearing shall be noticed as required by law.
Notwithstanding any authority delegated to the Town Clerk under this Section, the Town Clerk, may, in his or her discretion, refer any licensing or permitting decision to the Town Council, if, in the Town Clerk’s opinion, the matter should be presented to the Local Licensing Authority. The hearing before the Local Licensing Authority shall be noticed as required by law.
The Town Clerk shall not approve an application if the Marshal’s Department has timely submitted written objections to the Town Council concerning such action. If such objections are received, the Town Clerk shall set the application for a hearing before the Local Licensing Authority.
-
-
-
- The application, if granted, would not result in a violation of State or local laws, rules, or regulations.
-
-
-
-
-
- The application is complete and timely; and
-
-
-
-
-
- The licensee applying for the permit does not have a history of violations;
-
-
-
-
- Local Festival Permits. The Town Clerk may approve applications for the initial festival permit and all other subsequent applications, as described in Section 5.06.090, where, after reasonable investigation and consultation with the Marshals Department and other appropriate agencies, all the following circumstances are found to exist:
-
There is no information known by the Town Council that could support denial of the application under applicable law.
The application and the applicant satisfy the eligibility criteria set forth in Section 12-28-102, C.R.S. and Section 23-28-103, C.R.S., as amended; and
There has been a timely and proper posting of conspicuous public notice of the proposed permit and protest procedures at the locations sought to be licensed;
The applicant has timely submitted a complete application and paid all fees in accordance with this Chapter and Title 44, Article 5, C.R.S.;
-
-
- Special Event Permits. The Town Clerk may administratively approve an application for a special event permit where, after reasonable investigation and consultation with the Marshal Department and other appropriate agencies, all of the following circumstances are found to exist:
-
There is no information known by the Town Council that could support denial of the application under applicable law.
The premises subject to the proposed temporary permit is currently subject to a license; and
There is an application pending for the transfer of the license;
The applicant has timely submitted a complete application and paid all fees in accordance with this Chapter and Section 44-33-303, C.R.S.;
-
-
- Temporary Permits. The Town Clerk may administratively approve an application for a temporary permit where, after reasonable investigation and consultation with the Marshal Department and other appropriate agencies, all of the following circumstances are found to exist:
-
There is no information known by the Town Clerk that could support denial of the application under applicable law.
The new manager has applied to the Marshals Department for fingerprinting and a background investigation; and
The applicant has timely submitted a complete application and paid all required fees in accordance with this Chapter and Title 44, C.R.S.;
-
-
- Changes of Manager. The Town Clerk may administratively approve an application for a change of a manager for a licensed establishment where, after reasonable investigation and consultation with the Dinosaur Marshal Department and other appropriate agencies, all of the following circumstances are found to exist:
-
-
- 5-14 Sexually Oriented Businesses - General Provisions
-
5.14.010 Purpose and Description.
5.14.020 Definitions.
5.14.030 License Required.
5.14.040 Issuance of a Sexually Oriented Business License.
5.14.050 Manager’s Registration.
5.14.060 Employee Registration.
5.14.070 Inspection.
5.14.080 Expiration of License.
5.14.090 License Suspension or Revocation.
5.14.100 Mandatory License Revocation.
5.14.110 Hours of Operation.
5.14.120 Peep Booth Regulations.
5.14.130 Lighting Regulations.
5.14.140 Additional Regulations - Adult Theaters, and Adult Cabarets.
5.14.150 Conduct for Sexually Oriented Businesses.
5.14.160 Sexually Oriented Business - Employee Tips.
5.14.170 Adult Motel Regulations.
5.14.180 Injunctions.
5.14.190 Prohibited Acts - Penalty.
5.14.200 Fees.
5.14.010 Purpose and Description.
The purpose of these regulations is to provide for the regulation and licensing of sexually oriented businesses within the Town in a manner which will protect the property values, neighborhoods and residents from the potential adverse secondary effects of sexually oriented businesses while providing to those who desire to patronize sexually oriented businesses the opportunity to do so. It is not the intent of this Chapter to suppress any speech activities protected by the First and Fourteenth Amendments of the United States Constitution or Article II, Section 10 Colorado Constitution, but to impose content-neutral regulations which address the adverse secondary effects of sexually oriented businesses. Nothing in this Chapter is intended to authorize or license anything otherwise prohibited by law.
Sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution. The concern over sexually transmitted diseases is a legitimate health concern of the Town which demands reasonable regulation of sexually oriented businesses to protect the health and well-being of the citizens, including the patrons of sexually oriented businesses. Licensing of sexually oriented businesses is a legitimate and reasonable means of ensuring that operators of sexually oriented businesses comply with reasonable regulations and that operators do not knowingly allow their businesses to be used as places of illegal sexual activity or solicitation. There is convincing documented evidence that sexually oriented businesses, because of their nature, have a deleterious effect on both the existing businesses around them and surrounding residential areas causing increased crime and downgrading of property values. The purpose of this Chapter is to control adverse effects from sexually oriented businesses and thereby protect the health, safety and welfare of the citizens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of the surrounding neighborhoods and deter the spread of urban blight. This Chapter is authorized by Section 31-15-401, C.R.S. and other applicable law.
5.14.020 Definitions.
A. Adult Arcade: Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
B. Adult Bookstore or Adult Video Store: A business having as a substantial and significant portion of its stock and trade, revenues, space or advertising expenditures, resulting from the sale, renting or viewing of one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, laser disks, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas
2. Instruments, devices, or paraphernalia which are designed for specified sexual activities.
C. Cabaret: A nightclub, bar, restaurant or similar business which regularly features:
1. Persons who appear in a state of nudity; or
2. Live performances which are characterized by the exposure to specified anatomical areas or by specified sexual activities; or
3. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
D. Adult Motel: A hotel, motel or similar business which offers private rooms to the public and provides patrons live performances or closed-circuit television transmissions, not including pay per view satellite transmissions, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
E. Adult Motion Picture Theater: A business where films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
F. Adult Theater: A theater, concert hall, auditorium, or similar business which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
G. Employee: Includes any person who is paid directly or indirectly by the licensee for services performed on the premises whether such person would otherwise as a matter of law be classified as an employee, agent, manager, entertainer or independent contractor.
H. Licensing Officer: The Licensing Officer referred to in this Chapter is the Town Clerk unless another official has been designated by the Town Administrator or Town Council as the Licensing Officer.
I. Manager: Any person other than a licensee who is employed by a sexually oriented business to act as a manager or supervisor of the employees, finances or patrons of the business or is otherwise responsible for operation of the business.
J. Peep booth: A viewing room, other than a private room, of less than one hundred fifty square feet (150 sq. ft.) of floor space upon the premises of a sexually oriented business where there is exhibited photographs, films, motion pictures, video cassettes, or other video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.
K. Person: An individual, proprietorship, partnership, corporation, association or other legal entity.
L. Private Room: A room in an adult motel that is not a peep booth, has a bed in the room, has a bath in the room or adjacent to the room, and is used primarily for lodging.
M. Sexual Encounter Establishment: A business or commercial establishment, which as one of its primary business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas, when one or more of the persons exposes any specified anatomical area.
N. Sexually Oriented Business: An adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment or other similar business and includes:
1. The opening or commencement of any sexually oriented business as a new business.
2. The conversion of an existing business, whether or not a sexually oriented business, to a sexually oriented business.
3. The addition of any sexually oriented business to any other existing sexually oriented business.
4. The relocation of any sexually oriented business; or
5. The continuation of a sexually oriented business in existence on the effective date of this Ordinance.
O. Specified Anatomical Areas: Are defined as:
1. Less than completely and opaquely covered: human genitals, pubic region, buttocks and female breast below a point above the top of the areola.
2. Human male genitals in a discernibly turgid state even if completely and opaquely covered.
P. Specified Sexual Activities: Acts, simulated acts, exhibitions, representations, depictions or descriptions of:
1. Human genitals in a state of sexual stimulation or arousal.
2. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
3. Intrusion, however slight, of any object, any part of an animal's body, or any part of a person's body into the genital or anal openings of any person's body or into the body of an animal.
4. Cunnilingus, fellatio, anilingus, masturbation, bestiality, lewd exhibition of genitals or excretory function.
5. Flagellation, mutilation or torture for purposes of sexual arousal, gratification, or abuse.
Q. Stage: A raised floor or platform at least three feet (3') above the surrounding floor measured perpendicularly from the edge of the stage to the surrounding floor and at least thirty-six square feet (36 sq. ft.) in area.
5.14.030 License Required.
A. It shall be unlawful for any person to operate a sexually oriented business without a license issued by the Licensing Officer under the provisions of this Chapter.
1. An application for a license must be made on a form provided by the Town.
2. The application must be accompanied by a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business, and designating the use of each room or other area of the premises.
3. The diagram shall designate those rooms or other areas of the premises where patrons are not permitted.
4. The diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches ( +/- 6").
5. The diagram shall designate the place at which the license will be conspicuously posted.
6. No alteration in the configuration of the premises or any change in use of any room or area as shown on the diagram may be made without the prior written approval of the Town.
7. The Licensing Officer may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared and that the use of any area or room in the premises has not changed.
B. The applicant must be qualified according to the provisions of this Title and the premises must be inspected by the Fire Department, Building Official of the Building Department and the Licensing Officer and found to be in compliance with the law.
C. Contemporaneously with the submission of an application for a license, the applicant shall submit the Special Review Use Permit issued by the Town indicating that the requirements of Chapter 14.03 of the Land Use Regulations are met unless the applicant's sexually oriented business is an existing nonconforming use under the provisions of Section 14.03.090 of the Dinosaur Land Use Regulations. In the event that such permit is subject to appeal, no further action shall be taken upon such application until such appeal is finally adjudicated.
5.14.040 Issuance of Sexually Oriented Business License.
A. The sexually oriented business shall be issued a license within thirty (30) days after receipt of an application if the requirements set forth in Section 5.02.050 are met, unless the Licensing Officer finds one or more of the following:
1. An applicant is overdue in payment to the Town of taxes, fees, fines or penalties assessed against the applicant or imposed upon the applicant in relation to a sexually oriented business.
2. An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
3. The premises to be used for the sexually oriented business have not been approved by the Fire Department, the Building Official and the Licensing Officer as being in compliance with applicable laws and ordinances.
4. The applicant has not been issued a permit by the Town Planning Department indicating the requirements of Title 14 of the Dinosaur Land Use Regulations are met and that such permit, if issued, is not subject to appeal or the applicant's sexually oriented business is an existing nonconforming use under Title 14 of the Dinosaur Land Use Regulations.
B. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
C. The Fire Department and Building Official shall complete their certification that the premises are in compliance or not in compliance within twenty (20) days of receipt of the application by the Licensing Officer. Their certifications shall be promptly presented to the Licensing Officer. The Licensing Officer’s inspection shall be completed within thirty (30) days after the receipt of the application.
D. A denial by the Licensing Officer of the application shall be in writing sating the reasons for the denial. The applicant may appeal the denial in accordance with the provisions of Section 5.20.060 of this Chapter.
5.14.050 Manager’s Registration.
A. It shall be unlawful for any person to work as a manager of a sexually oriented business without first registering with the Licensing Officer.
B. The registration of a manager with the Licensing Officer is in lieu of the issuance of a license to a manager.
C. The Licensing Officer shall register a manager if all of the requirements for a license as set forth in Chapter 5.18 and Section 5.14.040 of this Chapter are met.
D. The manager’s registration shall be issued or denied in accordance with the criteria for issuance or denial of a license as set forth in Chapter 5.16.
E. The registration may be suspended or revoked for any grounds for the suspension or revocation of a license as set forth in Chapter 5.20 or Sections 5.14.090 and 5.14.100.
5.14.060 Employee Registration.
Each licensee will provide to the Licensing Officer the full name, aliases if any, address, telephone number and date of birth of any employee within five (5) days of employment.
5.14.070 Inspection.
A. The licensee or the licensee’s employees shall permit representatives of the Marshal’s Department, Moffat County Sheriff’s Department, Moffat County Health Department, Building Official of the Building Department, the Fire Department, Licensing Officer or other Town departments or agencies to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law as provided for in this Section.
B. Town departments and agencies shall conduct such inspections in a reasonable manner and only as frequently as may be reasonably necessary.
C. Inspections shall take place during the regular business hours of the sexually oriented business or when any person is on the premises.
D. It shall be unlawful for the licensee or any employee to refuse to permit such lawful inspection of the premises as provided in this Section.
5.14.080 Expiration of License.
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 5.16.050 of Chapter 5.16 of this Title.
5.14.090 License Suspension and Revocation.
A. In addition to the grounds set forth for suspension or revocation of a license in Chapter 5.20 of this Title, the Licensing Officer shall suspend a license for a period not to exceed six (6) months and may revoke a license if the Licensing Officer determines that a licensee or an employee of a licensee has:
1. Violated or is not in compliance with any Chapter of this Title.
2. Refused to allow an inspection of the sexually oriented business premises as authorized by this Chapter.
3. Knowingly permitted any unlawful act upon the premises.
B. In determining the action to be taken as provided in this Section, the Licensing Officer shall consider the following aggravating and mitigating circumstances:
1. Whether the licensee has been previously suspended or revoked.
2. Whether the licensee was warned that the conduct involved could lead to a suspension or revocation.
3. Whether the cause for suspension or revocation involves one or several violations.
4. Whether the violation(s) are technical or substantive in nature.
5. The extent to which the licensee, licensee's agents and employees, as opposed to patrons, were involved in the violation(s).
6. The extent to which the licensee or licensee's employees had knowledge of the violation(s).
7. Any corrective or remedial action the licensee has taken to prevent similar violation(s) in the future.
8. Whether the violation(s) involved the commission of a crime, and if so, the degree of felony or misdemeanor involved.
9. The extent to which the violation(s) caused personal injuries or property damages.
10. Whether the licensee has paid damages or made restitution to any person or entity damaged by the violation(s).
11. The extent to which the violations posed a significant risk to the health, safety and welfare of persons on or off of the licensed premises.
12. The length of time over which the violation(s) extended.
13. The extent to which the licensee or licensee's employees realized a financial gain from the violation(s).
14. The number of employees, patrons, or both involved in the violation(s).
15. The nature and extent of enforcement action taken by the Town or any law enforcement to detect the violation(s).
16. The involvement of any persons under twenty-one (21) years of age in the violation(s).
17. The extent to which the licensee or licensee's employees have attempted to cover up the violation(s), destroy evidence or otherwise hinder the investigation and detection of the violation(s).
18. The extent to which the licensee and licensee's employees have acted in good faith.
5.14.100 Mandatory License Revocation.
A. The Licensing Officer shall revoke a license if the Licensing Officer determines that:
1. A license has previously been suspended within the preceding twelve (12) months;
2. A licensee gave false information in the material submitted to the Licensing Officer;
3. A licensee or employee has knowingly allowed possession, use, or sale of a controlled substance as defined in Part 3 of Article 22 of Title 12 C.R.S. on the premises;
4. A licensee or an employee has knowingly allowed prostitution on the premises;
5. A licensee or an employee knowingly operated the sexually oriented business during a period of time when the license was suspended.
6. Excluding conduct within a private room of an adult motel, a licensee or employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur on the premises.
B. When the Licensing Officer revokes a license, the revocation shall continue for one (1) year, and the licensee shall not be issued a sexually oriented license for one (1) year from the date revocation became effective.
5.14.110 Hours of Operation.
A. It shall be unlawful for a sexually oriented business to be open for business or for the licensee or any employee of a licensee to allow patrons upon the licensed premises from:
1. On any Tuesday through Saturday from two o'clock (2:00) A.M. until seven o'clock (7:00) A.M.;
2. On any Monday other than a Monday which falls on January 1, from twelve o'clock midnight (12:00) until seven o'clock (7:00) A.M.;
3. On any Sunday from two o'clock (2:00) A.M. until eight o'clock (8:00) A.M.;
4. On any Monday which falls on January 1, from two o'clock (2:00) A.M. until seven o'clock (7:00) A.M.
B. This Section shall not apply to those areas of an adult motel which are private rooms.
5.14.120 Peep Booth Regulations.
A. A licensee who has peep booths upon the premises shall comply with all of the following requirements:
1. The diagram accompanying an application for a license shall specify the location of one (1) or more manager's stations.
2. It is the duty of the licensee to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
3. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain film or video reproduction equipment or equipment for showing slides or photographs. If the premises has two (2) or more manager's stations, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
4. It shall be the duty of the licensee and employees present on the premises to ensure that the view area specified in subsection (A)(3) above remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated in the application as an area to which patrons will not be permitted.
5. It shall be the duty of the licensee to ensure that all walls shall be maintained without holes or damage.
6. No peep booth may be occupied by more than one (1) person at any time.
B. It shall be unlawful for any person having a duty under subsections (A)(1) through (A)(5) of this Section to knowingly fail to fulfill that duty.
5.14.130 Lighting Regulations.
A. Excluding a private room of an adult motel, the interior portion of the premises to which patrons are permitted access shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place at an illumination of not less than two (2.0) foot-candle as measured at the floor level.
B. It shall be the duty of the licensee and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises.
5.14.140 Additional Regulations-Adult Theaters and Adult Cabarets.
A. Any adult cabaret or adult theater shall have one (1) or more separate areas designated in the diagram submitted as part of the application as a stage for the licensee or employees to perform as entertainers. Entertainers shall perform only upon the stage. The stage shall be fixed and immovable. No seating for the audience shall be permitted within three feet (3') of the edge of the stage. No members of the audience shall be permitted upon the stage or within three feet (3') of the edge of the stage.
B. It shall be unlawful for the licensee or for any employee to violate any of the requirements of this Section or to knowingly permit any patron to violate the requirements of this Section.
C. In any adult theater or adult cabaret that features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, the licensee and all employees present on the premises and all patrons must be at least twenty-one (21) years of age.
5.14.150 Conduct of Sexually Oriented Businesses.
A. No licensee or employee mingling with the patrons, or serving food or drinks, shall be unclothed or in such attire, costume or clothing, so as to expose to view any specified anatomical area.
B. No licensee or employee shall encourage or knowingly permit any person upon the premises to touch, caress or fondle the breasts, anus or specified anatomical areas of any person.
C. No licensee or employee shall violate the requirements of subsections (A)(2) through (A)(5) of Section 5.14.100.
D. It shall be unlawful for any licensee or employee to knowingly permit a patron to violate any of the requirements of this Section.
5.14.160 Sexually Oriented Businesses-Employee Tips.
A. It shall be unlawful for any employee of a sexually oriented business to receive tips from patrons except as set forth in subsection (C) of this Section.
B. A licensee that desires to provide for tips from its patrons shall establish one (1) or more boxes or other containers to receive tips. All tips for such employees shall be placed by the patron of the sexually oriented business into the tip box.
C. A sexually oriented business that provides tip boxes for its patrons as provided in this Section shall post one (1) or more signs to be conspicuously visible to the patrons on the premises in letters at least one inch (1") high to read as follows: “All tips are to be placed in tip box and not handed directly to the entertainer. Any physical contact between the patron and the entertainer is strictly prohibited.”
5.14.170 Adult Motel Regulations.
An adult motel that, in addition to the renting of private rooms, operates a sexually oriented business as otherwise defined in this Title, shall comply with all of the requirements set forth in this Title pertaining to that business.
5.14.180 Injunction.
Any person who operates or causes to be operated a sexually oriented business without a license is subject to suit for injunction as well as criminal prosecution.
5.14.190 Prohibited Acts-Penalty.
Any person who violates any provision of this Chapter or who fails to perform an act required by any provision of this Chapter, shall be guilty of a municipal offense. Unless specifically provided otherwise throughout this Chapter, any person convicted of a municipal offense under this Chapter shall be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment.
5.14.200 Fees.
A business license fee of three hundred fifty dollars ($350.00) and a manager's registration fee of seventy-five dollars ($75.00) shall be paid upon submission of an application and annually thereafter upon renewal of the sexually oriented business license.
(Ord. 111, Article I, 2007)
- 5.16 Issuance and Conditions of Sexually Oriented Business License
-
5.16.010 Issuance or Denial of License.
5.16.020 Posting, Display of License.
5.16.030 Licenses for Branch Establishments.
5.16.040 Transfer of License.
5.16.050 Renewal of License.
5.16.010 Issuance or Denial of License.
A. Except as otherwise provided in this Title 5, the Licensing Officer shall issue a license to an applicant if he finds after investigation:
1. All conditions imposed upon the applicant as prerequisites to the issuance of the said license by the terms of the provisions pertaining to the particular license sought have been met including but not limited to meeting the qualifications of applicants standard set forth in Section 5.18.010.
2. The required application and license fees have been paid;
3. The use to which the premises are proposed to be put shall conform to the requirements of applicable building, fire, safety and zoning regulations; and
4. All other specific requirements of the terms and provisions relating to the application for the particular license requested for use at the premises specified in the application have been met.
B. If the Licensing Officer shall not so find he shall thereupon deny such application and notify the applicant of the denial by serving upon the applicant personally a copy of such denial and the reasons supporting such denial or by mailing the same to him by registered or certified mail at the business address shown on the application.
C. Any applicant aggrieved by any final order of the Licensing Officer after the denial of such application shall have the right to appeal to the Town Council by filing a written appeal, stating the grounds thereof, with the Licensing Officer within ten (10) days following the date of denial of said application.
D. In the event an appeal is timely filed, it shall be heard at the next regular Town Council meeting occurring at least ten (10) days after said filing with the Licensing Officer. Review by the Board shall be a de novo hearing.
5.16.020 Posting, Display of License.
A. Every license issued by the Town for a business or activity to be conducted at a particular street address shall be posted during the period such license is valid. Such license shall be posted in a conspicuous place and shall be visible from the principal entrance of the business or activity. When such license expires, it shall be removed; no license not in full force and effect shall remain posted.
B. It shall be the duty of each and every person to whom a license has been issued to exhibit the same upon the request of any peace officer, the Licensing Officer, or other official of the Town.
5.16.030 Licenses for Branch Establishments.
A license shall be obtained in the same manner prescribed herein for each branch establishment or location of the business as if each such branch establishment or location were a separate business; provided that warehouses and wholesale distributing plants used in connection with and incidental to a business licensed under the provisions of this Title shall not be deemed to be separate places of business or branch establishments.
5.16.040 Transfer of License.
No license shall be transferred from one person to another or from one location to another. Any change of ownership or change of location of a licensed business or activity shall require a new application and license with payment of fees therefor according to the provisions pertaining to the particular kind of license.
5.16.050 Renewal of License.
A. At any time within thirty (30) days prior to the expiration of his current license, a licensee may make application for a license renewal for the succeeding year and pay the required fees therefor. Unless otherwise provided by this Title, if application is so made and no action or proceeding is pending against the licensee for suspension or revocation of his current license or licenses, he may continue in his business or activity for the succeeding period unless or until his application for license renewal is denied.
B. In the event a suspension or revocation proceeding is pending when a license renewal is applied for, the business or activity may continue in operation during the pendency of such suspension or revocation proceeding but the application for a license renewal shall not be acted upon until the suspension or revocation proceeding has been completed.
(Ord. 111, Article II, 2007)
- 5-18 Qualifications of Applicants for Sexually Oriented Business Licenses
-
5.18.010 Qualifications of Applicants.
5.18.010 Qualifications of Applicants.
The general standards set out in this Section relative to the qualifications of every applicant for a Town sexually oriented business license shall be considered and applied by the Licensing Officer. The applicant shall:
A. No History of Misconduct. Not have a history or prior misconduct which constitutes evidence that serious criminal conduct would likely result from the granting of a license issued pursuant to this Title.
B. No Obligations to the Town. Not be in default under the provisions of this Title or indebted to or obligated in any manner to the Town.
C. Compliance with all Town Regulations. Present certificates furnished by the appropriate officers or agencies to the effect that the proposed use of any premises is in compliance with all applicable Town regulations including, by way of description and not of limitation, zoning, building and fire codes and the like.
(Ord. 111, Article III, 2007)
- 5.20 Suspension and Revocation Procedures for Sexually Oriented Business Licenses
-
5.20.010 Grounds for Suspension or Revocation.
5.20.020 Hearing Procedures.
5.20.030 Hearings.
5.20.040 Notice of Suspension or Revocation.
5.20.050 Effect of Suspension or Revocation.
5.20.060 Appeals.
5.20.070 Summary Suspension.
5.20.080 Effect of Town Council Decision.
5.20.090 Fine in Lieu of Hearing.
5.20.010 Grounds for Suspension or Revocation.
The Licensing Officer shall suspend for a period not to exceed six (6) months or revoke any sexually oriented business license issued by the Town if he finds that:
A. The licensee has failed to pay the annual license fee.
B. The licensee has failed to file required reports or to furnish such other information as may be reasonably required by the Licensing Officer or other Town official under the authority vested in him by the terms of the provisions relating to the specific license;
C. The licensee or any agent or employee of such licensee has violated any provisions of this Title pertaining to his license or any regulations or order lawfully made under and within the authority of this Title relating to the license;
D. The licensee or any agent or employee of such licensee has violated any law of the United States, of the State of Colorado or the Town of Dinosaur when such violation occurred on the licensed premises, or relates to conduct or activity of any business required to be licensed by this Title.
5.20.020 Hearing Procedures.
A. Upon commencement of suspension or revocation proceedings, the Licensing Officer shall set a time and place for the hearing of the matter.
B. The Licensing Officer shall give the licensee timely notice of the time and place of the hearing and the violations asserted. Such notice shall be served personally or by mailing by first-class mail to the last address furnished to the Licensing Officer by the licensee, at least ten (10) days, including Saturdays, Sundays and legal holidays prior to the hearing. In lieu of such service, or in addition thereto, a copy of such notice may be affixed to the principal entrance of the licensed premises which shall be deemed to be the principal place of business or main office or may be affixed to some prominent structure on such premises.
C. In any such action, a public hearing shall be granted at which the licensee shall be afforded an opportunity to be heard, present evidence, cross-examine witnesses, and offer evidence in mitigation of any violations.
D. All evidence shall be recorded stenographically or by electronic recording device.
E. In all such proceedings, the Town Attorney shall act on behalf of the Town during the hearing.
5.20.030 Hearings.
The Licensing Officer or his designee shall conduct hearings for suspension or revocation of licenses granted pursuant to this Chapter. The hearing shall be conducted in accordance with legal requirements for quasi-judicial hearings. The Licensing Officer shall make findings of fact and conclusion concerning the revocation or suspension of a license. The Licensing Officer shall transmit a copy of the final findings of fact and conclusions to the licensee as provided hereafter.
5.20.040 Notice of Suspension or Revocation.
A. Upon suspension or revocation of any sexually oriented business license required by this Title, notice of such suspension or revocation shall be given by personally serving the licensee with the order of suspension or revocation or by mailing such order to such person by certified or registered mail at the business address of the licensee as shown on the license or at the address of the designated agent. In lieu of such service, or in addition thereto, a copy of such order may be affixed to the principal entrance of the licensed premises which shall be deemed to be the principal place of business or main office, or may be affixed to some prominent structure on such premises.
B. The order shall be effective immediately upon service of notice thereof unless the order provides otherwise. Service of such order shall be complete upon mailing or posting.
5.20.050 Effect of Suspension or Revocation.
Upon the effective date of suspension or revocation of any license required for a business or activity, the licensee of such licensed business or activity shall cease and desist from further operation or activity.
5.20.060 Appeals.
Any person aggrieved by any final order of the Licensing Officer after hearing shall have the right to appeal to the Town Council by filing a written appeal with the Town Clerk within ten (10) days following the effective date of the action or order complained of, and such appeal shall have the effect of staying execution of such final order pending appeal.
A. Contents of Appeal. An appeal shall be in writing and shall set out a copy of the order appealed from and shall include a statement of the facts relied upon to contest such order.
B. Hearing on Appeal.
1. The Town Clerk shall fix a time and place for hearing the appeal which shall be at the next regular meeting of the Town Council occurring not less than ten (10) days following receipt of the notice of appeal or the record on appeal, whichever is later, and shall cause written notice of the same to be served upon the applicant informing him thereof. The Town Clerk shall also give such notice to the Licensing Officer and such Officer may appear and defend the order.
2. Upon appeal to the Town Council of the suspension or revocation, the Board shall review the record, including the transcript of proceedings and evidence before the Licensing Officer, and shall determine whether there is substantial evidence in the record to support the recommendation of the Licensing Officer. If there is substantial evidence in the record to support the recommendation of the Licensing Officer, then the Council shall affirm the decision of the Licensing Officer. If there is not substantial evidence in the record to support the recommendation of the Licensing Officer, then the Council may reverse the recommendation of the Licensing Officer or remand the matter back to the Licensing Officer for further proceedings. No new evidence shall be submitted to the Council unless a majority of the Council determines that such evidence could not have been reasonably presented at the time the matter was heard before the Licensing Officer. If the Council decides to hear new evidence, it may hear the new evidence or remand the matter to the Licensing Officer.
3. The appellant seeking review of the action of the Licensing Officer, at the time of the filing of the notice of appeal, shall pay to the Town the estimated cost for preparing a transcript of the proceedings before the Licensing Officer. The cost of preparing a transcript of testimony before the Licensing Officer shall be charged at rates ordinarily charged by certified court reporters. The cost of preparing the transcript shall be estimated by the Town Clerk. In the event the cost of the transcript is greater than the cost estimated by the Town Clerk, the appellant shall pay this additional cost within ten (10) days after billing by the Town Clerk. In the event that the cost of the transcript is less than the estimated sum paid by the appellant, the Town Clerk shall refund the excess paid within ten (10) days after actual cost of the transcript is determined.
5.20.070 Summary Suspension.
When the conduct of any licensee, agent or employee is so inimical to the public health, safety and general welfare as to constitute a nuisance or hazard and thus give rise to an emergency, the Licensing Officer shall have the authority to summarily order the cessation of business and the closure of the premises pending a hearing on the question of whether to suspend or revoke the license. Unless waived by the licensee in writing, the Town Council, within fifteen (15) days after the Licensing Officer has acted, shall conduct a hearing upon the summary order and the activity giving rise to such order. The order shall state the grounds for its issuance and shall give notice of the hearing and shall be served upon the affected person in the manner prescribed in subsection (B) of Section 5.20.020. At such hearing the licensee shall show cause why the summary suspension should not be made a final order of suspension or revocation.
5.20.080 Effect of Town Council Decision.
A. The decision of the Town Council in all cases shall be final and conclusive and shall be served upon the licensee by personal service, by registered or certified mail, or by posting as provided in Section 5.20.040 of this Chapter.
B. A decision of Town Council is reviewable only by the District Court under C.R.C.P. 106(a)(4). There shall be no stay of execution pending a review by the Court except by Court order.
5.20.090 Fine in Lieu of Hearing.
A. Upon application, stipulation or admission by the licensee, made ten (10) days prior to a scheduled suspension or revocation hearing unless waived by the Licensing Officer, the licensee may request permission to pay a fine in lieu of a hearing. Upon the receipt of the petition, the Licensing Officer or his designee may, in his sole discretion, stay a proposed hearing and cause any investigation to be made which he deems desirable and may, in his sole discretion, grant the petition if he is satisfied:
1. That the public welfare and morals would not be impaired by permitting the licensee to continue operation and that the payment of the fine will achieve the desired disciplinary purposes;
2. That the licensee has not had his license suspended or revoked, nor paid any fine in lieu of suspension during the two (2) years immediately preceding the date of the alleged violations; and
3. That the books and records of the licensee are kept in such a manner that economic loss can be determined with reasonable accuracy therefrom.
B. The fine accepted shall be the equivalent to twenty percent (20%) of the estimated gross revenues from the sale of such merchandise or services on the dates of the alleged violations; except that the fine shall be not less than five hundred dollars ($500.00) nor more than ten thousand dollars ($10,000.00).
C. Payment of any fine pursuant to the provisions of subsection (A) shall be payable in full in the form of cash, certified check or cashier's check made payable to the Town of Dinosaur. The proceeds of the payment of the fine shall be paid into the General Fund of the Town.
D. Upon payment of the fine pursuant to subsection (A) of this Section, the Licensing Officer or his designee shall enter his further order permanently staying the suspension or revocation hearing.
E. The authority of the Licensing Officer or his designee under this Section is limited to:
1. The granting of such stays as are necessary for him to complete his investigation and make his findings; and
2. If he makes such findings, to the granting of an order permanently staying the imposition of the hearing; and
3. The determination of the fine to be imposed.
F. If the Licensing Officer does not make the findings required in subsection (A) of this Section and does not order the hearing permanently stayed, the hearing shall proceed as scheduled.
G. The determination of the Licensing Officer to deny a fine in lieu of a hearing, or to allow a fine in lieu of a hearing, and the determination of the amount of the fine, shall be final decisions committed to his discretion and not subject to appeal to the Town Council.
(Ord. 111, Article IV, 2007)
-
- 5.22- Retail Marijuana Licensing Provisions
-
5.22.010 Purpose.
5.22.020 Definitions.
5.22.030 License Required for Retail Marijuana Establishments.
5.22.040 Composition of Local Licensing Authority.
5.22.050 Functions and Powers of Local Licensing Authority.
5.22.060 Limitation on the Number of Licenses That May Be Issued Within the Town.
5.22.070 Issuance of Initial Licenses.
5.22.080 Permitted Locations.
5.22.090 Buffering Requirements.
5.22.100 General Licensing Conditions.
5.22.110 License Application Requirements.
5.22.120 Inspection Required.
5.22.130 Issuance of License.
5.22.140 Release of Information.
5.22.150 License Fees and Charges.
5.22.160 Persons Prohibited as Licensees and Business Mangers.
5.22.170 Issuance or Denial of Approval.
5.22.180 Contents and Display of Approval.
5.22.190 Transfer of Ownership/Changes in Ownership Structure.
5.22.200 Change in Location.
5.22.210 Suspension or Revocation of a License.
5.22.220 Operational Requirements.
5.22.230 Requirements Relating to Monitoring and Security of Restricted Areas and Inventory.
5.22.240 Signage and Advertising.
5.22.250 Right of Entry-Records to be Maintained and Inspection Required.
5.22.260 Compliance with Other Applicable Laws.
5.22.270 Violations; Penalty.
5.22.010 Purpose.
The Town Council intends to regulate the use, acquisition, production and distribution of recreational marijuana in a manner consistent with the Recreational Marijuana Amendment and in accordance with the Colorado Marijuana Code and regulations adopted by the State of Colorado thereunder.
A. The Colorado Marijuana Code, Article 10 of Title 44, C.R.S., imposes statewide regulations pertaining to the cultivation, manufacture, distribution and sale of retail marijuana and for the licensing of retail marijuana business establishments. Such legislation also permits local licensing of such establishments. However, the State law is not intended to, and does not, address the local impacts of marijuana operations, making it appropriate for local regulation of marijuana establishments.
B. The use, distribution, cultivation, production, possession and transportation of marijuana remains illegal under federal law, and marijuana is still classified as a “Level 1 Controlled Substance” under federal law. Nothing within this Chapter is intended to promote or condone the production, use, sale or distribution of retail or recreational marijuana other than in compliance with applicable local and State law and the Colorado Constitution.
C. This Chapter is not intended to regulate medical marijuana businesses which are governed by a separate Chapter 5.25 of the Dinosaur Municipal Code.
D. This Chapter is to be construed to protect the interest of the public over marijuana business interests. Operation of a retail marijuana business establishment is a revocable privilege and not a right within the Town. There is no property right for an individual to have a business to sell marijuana within the Town of Dinosaur.
E. The purpose of this Chapter is to implement the Recreational Marijuana Amendment in a manner consistent with Article 10 of Title 44, C.R.S., to protect the health, safety and welfare of the residents of the Town by prescribing the time, place and manner in which retail marijuana businesses may be operated within the Town. In addition, the purpose of this Ordinance is to:
1. Provide for the safe sale of retail and recreational marijuana to persons legally permitted to obtain, possess and use marijuana for recreational purposes in accordance with the Recreational Marijuana Amendment;
2. Protect public health and safety through reasonable limitations on business operations as they relate to noise, air quality, food safety, public safety, security for the businesses and their personnel, and other health and safety concerns;
3. Impose fees in an amount sufficient to cover the direct and indirect cost to the Town of licensing and regulating retail marijuana establishments;
4. Allow retail marijuana stores, retail marijuana cultivation facilities, retail marijuana product manufacturing facilities and retail marijuana testing facilities to operate in compliance with this Chapter; and
5. Facilitate the implementation of the Recreational Marijuana Amendment without going beyond the authority granted by such Amendment.
(Ord. 3, §1, 2017; Amended Ord. 1, §1, 2020)
5.22.020 Definitions.
The following words and phrases used in this Chapter shall have the following meanings unless the context clearly indicates otherwise:
Applicant means a person who has submitted an application to the Dinosaur Local Licensing Authority pursuant to this Chapter to operate a retail marijuana establishment, which application has not been approved or denied by the Authority.
Advertised, Advertising or Advertisement means the act of drawing the public’s attention, whether through print, signs, telephonic, electronic, wireless or digital means, to a retail marijuana establishment or retail marijuana testing facility in order to promote the sale, cultivation, or testing of marijuana by the business.
Business Manager means the individual(s) designated by the owner of a retail marijuana store, retail marijuana cultivation facility, retail marijuana product manufacturing facility, or retail marijuana testing facility who are registered with the Town as the person(s) responsible for all operations of the business during the owner’s absence from the business premises.
Character and Record includes all aspects of a person’s character and record, including but not limited to, moral character; criminal record including serious traffic offenses; record of previous sanctions against liquor licenses, gambling licenses, retail marijuana licenses, or medical marijuana licenses, which the person owns, in whole or in part, and which the person serves as a principal, manager or employee; education, training, experience; civil judgments entered against the person; truthfulness, honesty; and financial responsibility. The conviction of any person for any offense, shall not, in itself, be grounds for a finding of a bad character and record if such person demonstrates that he/she has been rehabilitated in accordance with Section 24-5-101, C.R.S. In the event the Local Licensing Authority considers information concerning the criminal history of a person, the Local Licensing Authority shall also consider any information provided by an applicant regarding such criminal history records, including but not limited to, evidence of rehabilitation, character references and educational achievements, especially those items pertaining to the period of time between the last criminal conviction and the time of consideration of a license application.
Co-Located Marijuana Business means a medical marijuana center that has a license pursuant to Chapter 5.25 of the Dinosaur Municipal Code that is permitted by the owner of the building and all applicable laws, to divide the licensed medical marijuana business to allow for both a medical marijuana center and a retail marijuana store as a separate business premises with separate licenses from the Town within the same footprint and owned by the same person(s) or entity.
Colorado Marijuana Code shall mean Article 10 of Title 44, C.R.S., as the same may be hereafter amended, and any rules or regulations promulgated thereunder.
Good cause, for purpose of denial of an initial, renewal, or reinstatement of a license application, or for the imposition of disciplinary action against an existing licensee shall mean:
1. The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms and conditions of this Chapter or provisions of the Colorado Marijuana Code, any rules promulgated pursuant thereto, or any other supplemental relevant State or local law, rules or regulations; or
2. The licensee or applicant has failed to comply with any special terms or conditions that were placed upon its license pursuant to an order of the State Licensing Authority or the Dinosaur Local Licensing Authority; or
3. The licensee or applicant has a bad character and record; or
4. The licensee’s licensed premises has been operated in a manner that adversely affects the public health, safety or welfare of the neighborhood in which the establishment is located.
Good moral character means having a personal history that demonstrates honesty, fairness, and respect for the rights of others and the law, pursuant to Colorado Marijuana Enforcement Division regulations.
License means to grant a license pursuant to the Colorado Marijuana Code and this Chapter for a retail marijuana store, retail marijuana cultivation facility, retail marijuana product manufacturing facility, or retail marijuana testing facility.
Licensed Premises means the premises specified in an application for a license pursuant to this Chapter and the Colorado Marijuana Code that is owned by or in possession of the licensee and within which the licensee is authorized to distribute, sell, cultivate, or manufacture marijuana products, or test retail marijuana in accordance with the provisions of the Colorado Marijuana Code.
Licensee shall mean the retail marijuana establishment named on the retail marijuana establishment license, and all individuals named in the initial retail marijuana establishment license application, or individuals later submitted to and approved by the Town, including without limitation, owners, business managers, financiers, and individuals owning any part of an entity that holds a financial or other ownership interest in the retail marijuana establishment.
Local Licensing Authority shall mean the Dinosaur Local Licensing Authority which shall consist of the members of the Dinosaur Town Council.
Marijuana for the purposes of this Chapter shall have the same meaning as set forth in the Recreational Marijuana Amendment or as may be more fully defined in any applicable State or local law or regulation.
Marijuana Accessories shall have the same meaning as such term is defined in the Recreational Marijuana Amendment.
Marijuana Business shall mean any medical marijuana business as defined by Chapter 5.25 of the Dinosaur Municipal Code or retail marijuana establishment as defined in this Chapter.
Medical Marijuana shall have the same meaning as set forth in Section 14 of Article XVIII of the Colorado Constitution.
Medical Marijuana Business shall include medical marijuana centers, medical marijuana infused products manufacturers, and medical marijuana optional premises cultivation operations as defined in the Colorado Marijuana Code, Article 10 of Title 44, C.R.S.
Operating Fees means fees that may be charged by the Town for costs including but not limited to inspection, administration, and enforcement of regulations governing retail marijuana establishments authorized pursuant to subsection 16(5)(f) of Article XVIII of the Colorado Constitution, the Colorado Marijuana Code, the rules adopted pursuant thereto, and this Ordinance.
Place Open to the General Public shall mean any property owned, leased or used by a public entity, any place of private property open to the public, common areas of buildings, public parks, vehicles, streets, sidewalks, trails, those portions of any public or private property upon which the public has an expressed or implied license to enter or remain, and any place visible from such places. Places open to the general public shall not include any private residential property regardless of whether it can be seen from a place open to the public.
Preschool means a facility that provides preschool programs and services to a school district under the Colorado Preschool Program Act to a majority of the children who attend or are enrolled in that facility.
Residential Childcare Facility shall have the same meaning as set forth in Section 26-6-102(8), C.R.S.
Recreational Marijuana means any marijuana intended for recreational use which meets all of the requirements for recreational marijuana contained in this Chapter, the Recreational Marijuana Amendment, and any other applicable State or local law.
Retail Marijuana means all parts of the plant of the genus cannabis (hereafter the plant) whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin including marijuana concentrate, that is cultivated, manufactured, distributed, or sold by a licensed retail marijuana store. Retail marijuana does not include industrial hemp, nor does it include fiber produced from stalks, oil or cake made from the seeds of the plant, sterilized seeds of the plant which is incapable of germination, or any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.
Retail Marijuana Cultivation Facility has the same meaning as “marijuana cultivation facility” as defined in Section 16(2)(h) of Article XVIII of the State Constitution.
Retail Marijuana Establishment means a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana products manufacturer, or a retail marijuana testing facility.
Retail Marijuana Products Manufacturer has the same meaning as “marijuana product manufacturing facility” as defined in Section 16(2)(j) of Article XVIII of the State Constitution.
Retail Marijuana Store has the same meaning as defined in Section 16(2)(n) of Article XVIII of the State Constitution.
Retail Marijuana Testing Facility means “marijuana testing facility” as defined in Section 16(2)(l) of Article XVIII of the State Constitution that is licensed pursuant to the Colorado Marijuana Code.
School means a public or private licensed preschool, or a public, private or charter elementary, middle, junior high or high school, vocational school, secondary school, community college, or other institution of higher education.
State Licensing Authority means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of retail marijuana in Colorado, pursuant to Section 44-10-201, C.R.S. of the Colorado Marijuana Code.
(Ord. 3, §2, 2017; Amended Ord. 1, §2, 2020)
5.22.030 Licensed Required for Retail Marijuana Establishments.
It shall be unlawful to operate a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana product manufacturing facility, or a retail marijuana testing facility within the Town of Dinosaur without first obtaining a Town license to operate pursuant to this Chapter, and having a validly issued license in good standing from the State of Colorado, and having paid all applicable fees. Any person violating this Section shall be punished by a fine of up to three hundred dollars ($300.00), or by imprisonment in the Moffat County jail for a period of up to ninety (90) days, or by both such fine and imprisonment. Each day that a violation continues shall be considered a separate and distinct offense.
(Ord. 3, §3, 2017; Amended Ord. 1, §3, 2020)
5.22.040 Composition of Local Licensing Authority.
The Dinosaur Town Council is hereby designated as the Dinosaur Local Licensing Authority. The Town Council, may be resolution, delegate its authority or a portion of such authority set forth in this Chapter to a new committee or other designee to act as the Local Licensing Authority.
(Ord. 3, §4, 2017; Amended Ord. 1, §4, 2020)
5.22.050 Functions and Powers of Local Licensing Authority.
A. The Local Licensing Authority shall have the duty and authority pursuant to the Colorado Marijuana Code and this Chapter to grant or deny an application described in this Chapter and to levy penalties against a licensee in the manner provided by law.
B. The Local Licensing Authority shall consider applications for new business premises, transfer of ownership, change of location, licensed premises modification, changes in tradename and any other appropriate application.
C. The Local Licensing Authority shall have the power to promulgate rules and regulations concerning the procedure for hearings before the Local Licensing Authority.
D. The Local Licensing Authority shall have the power to require any applicant or licensee to furnish such information to the Authority as may be reasonably necessary in order for the Authority to perform the duties and functions authorized by this Chapter.
E. The Local Licensing Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records at any hearing which the Authority is authorized to conduct. Any subpoena shall be served in the same manner as a subpoena issued by a district court of the State. The Municipal Judge shall have the power and authority to enforce such subpoena.
(Ord. 3, §5, 2017; Amended Ord. 1, §5, 2020)
5.22.060 Limitation on the Number of Licenses That May Be Issued Within the Town
A maximum of four (4) retail marijuana store licenses, four (4) retail marijuana cultivation facilities, four (4) retail marijuana product manufacturing facility licenses and four (4) retail marijuana testing facility licenses shall be issued by the Dinosaur Local Licensing Authority. An application for renewal of an existing retail marijuana establishment license shall receive a preference over an application for a new retail marijuana establishment license if the existing business has substantially met all of the requirements of this Chapter and the Colorado Marijuana Code during the previous license term and is in good standing.
(Ord. 3, §6, 2017; Amended Ord. 1, §6, 2020)
5.22.070 Issuance of Initial Licenses.
On or before August 10, 2017, the Town Clerk shall publish a notice that the Town is accepting applications for retail marijuana establishment licenses. Said notice shall establish a deadline for the Town’s acceptance of such applications. The Town Clerk shall initially review such applications for completeness. In the event the Town Clerk finds that an application is incomplete, the Town Clerk shall notify the applicant in writing of the application deficiencies and allow the applicant to correct such deficiencies within fifteen (15) days from the date of receiving such notice. The Town Clerk shall then forward the applications to the Dinosaur Local Licensing Authority for further processing and review. The Local Licensing Authority shall then finally determine the sufficiency of the license applications and the eligibility of the applicants to hold a retail marijuana establishment license. If more valid license applications of the same classification are received by the Local Licensing Authority than authorized by this Chapter, and the Local Licensing Authority is not permitted to approve all of the sufficient applications reviewed because of the limitations set forth in Section 5.22.060, the Local Licensing Authority shall establish a date and time for selecting by lot the priority of the sufficient applications permitted by this Section. The Local Licensing Authority shall then proceed to issue the licenses applied for to the successful applicants.
(Ord. 3, §7, 2017; Amended Ord. 1, §7, 2020)
5.22.080 Permitted Locations.
All retail marijuana establishment licenses shall be issued for a specific location which shall be designated as the licensed premises. Retail marijuana establishment licenses shall not be permitted in any Residential Zone District. Retail marijuana stores shall only be permitted in the Commercial Zone District. Retail cultivation facilities shall only be allowed in the Industrial Zone District. Retail marijuana product manufacturing facilities shall only be allowed in the Industrial Zone District. Retail marijuana testing facilities shall only be allowed in the Industrial Zone District.
(Ord. 3, §8, 2017; Amended Ord. 1, §8, 2020)
5.22.090 Buffering Requirements.
Retail marijuana establishments must satisfy the following minimum distance requirements from the described uses below. Prior to issuing a retail marijuana establishment license, the Local Licensing Authority shall confirm that the proposed licensed premises boundaries meet the buffering requirements.
A. Distance from Schools. Retail marijuana establishments shall be located a minimum of one thousand feet (1,000’) from schools, as measured from the nearest property boundary of such school uses to the boundaries of the proposed licensed premises.
B. Distance from Residential Childcare Facilities. Retail marijuana establishments shall be located a minimum of eight hundred feet (800’) from licensed residential childcare facilities, as measured from the nearest property boundary of such uses to the boundaries of the proposed licensed premises.
C. Distance from Parks. Retail marijuana establishments shall be located a minimum of eight hundred feet (800’) from any public park, as measured from the nearest property boundary of such parks to the boundary of the licenses premises.
D. Once the retail marijuana establishment license is issued, the Town will not preclude a school, residential child care facility or park from locating within a buffer zone. A retail marijuana establishment may then continue to operate at its present location. If a sensitive use later locates within the applicable buffer zone, however, the licensee does so at its own risk, and the issued license provides no protection or indemnification against enforcement of federal or other applicable laws prohibiting the operation of a retail marijuana establishment near a school or residential childcare facility.
E. No retail marijuana establishment shall be located in a movable or mobile vehicle or structure and no retail marijuana products shall be delivered in the Town unless such delivery is specifically permitted by Colorado law.
(Ord. 3, §9, 2017; Amended Ord. 1, §9, 2020)
5.22.100 General Licensing Conditions.
A. Except as specifically provided herein, the issuance of a license for a retail marijuana establishment by the Town shall be subject to compliance with all provisions of Part 3 of Article 10 of Title 44, C.R.S.
B. The license requirements set forth in this Chapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, State or local law, including by way of example, a retail sales license, an occupation tax license, an excise tax license, a retail food establishment license, or any applicable zoning, land use or building permits.
C. The issuance of a license pursuant to this Chapter does not create a defense, exception or provide immunity to any person in regard to any potential criminal liability a person may have for the production, distribution or possession of marijuana.
D. A separate license shall be required for each location from which a retail marijuana establishment is operated. A separate license shall be required for each specific business or business entity, for each geographical location and for each co-located retail marijuana establishment.
E. The submission of an application for the issuance of a license under this Chapter from the Town shall act as acknowledgement and agreement by the applicant or the licensee that the sale of marijuana continues to be subject to the control and jurisdiction of the federal government and actions taken by the federal government under the federal laws and regulations may limit or invalidate any license issued by the Town or the licensee’s ability to own or operate a retail marijuana establishment in the Town.
(Ord. 3, §10, 2017; Amended Ord. 1, §10, 2020)
5.22.110 License Application Requirements.
A. Start Date. The Local Licensing Authority shall receive and process all applications for retail marijuana establishment licenses beginning on August 24, 2017.
B. Application Materials. An application for a retail marijuana establishment license shall be made on forms provided by the Town Clerk for such purposes. The applicant shall use the application to demonstrate its compliance with the provisions of this Chapter and other applicable laws, rules or regulations. In addition to general information required of standard applications, the application shall require the following information:
1. Name and address of the owner or owners of the proposed retail marijuana establishment and whose name the license is proposed to be issued.
a. If the proposed owner is a corporation, then the application shall include the name and address of all officers and directors of the corporation, and of any person holding any financial interest in the corporation, whether as a result of the issuance of stock, instruments of indebtedness, or otherwise, including disclosure information pertaining to bank, savings and loan associations or other commercial lender which has loaned funds to the applicant.
b. If the proposed owner is a partnership, association or limited liability company, the application shall include the name and address of all partners, members, managers or persons holding any financial interest in the partnership, association or limited liability company, including those holding an interest as the result of instruments of indebtedness or otherwise including disclosure of information pertaining to a bank, savings and loan association, or other commercial lender which has loaned funds to the applicant.
c. If the owner is not a natural person, the application shall include copies of the organizational documents for all entities identified in the application and the contact information for the person that is authorized to represent the entity or entities.
2. Name and address of the proposed business manager(s) of the retail marijuana establishment, if the business manager is proposed to be someone other than the owner, or if the owner is an entity rather than a natural person.
3. A statement indicating whether any of the named owners, members, business managers, parties with a financial interest, or persons named on the application have been:
a. Denied an application for a medical marijuana business license or retail marijuana establishment license pursuant to any state or local licensing law, rule or regulation, or had such license suspended or revoked.
b. Denied an application for a liquor license pursuant to Article 3 or 4 of Title 44, C.R.S., or by any similar state or local licensing law, rule, regulation or had such license suspended or revoked.
c. Convicted, entered a plea nolo contendere, or entered a plea of guilty in conjunction with a deferred judgment and sentence pertaining to any charge related to possession, use, or possession with intent to distribute narcotics, drugs or controlled substances.
d. Convicted, entered a plea of nolo contendere, or entered a plea of guilty in conjunction with a deferred judgment and sentence pertaining to any charge related to driving or operating a motor vehicle while under the influence or while impaired by alcohol or controlled substances.
e. Convicted, entered a plea of nolo contendere, or entered a plea of guilty in conjunction with a deferred judgment and sentence pertaining to any felony.
f. Convicted, entered a plea of nolo contendere, or entered a plea of guilty in conjunction with a deferred judgment and sentence pertaining to a serious traffic offense which means any driving offense carrying eight (8) points or greater under Section 42-2-127, C.R.S. or the substantial equivalent of such events in any other state.
4. Proof that the Applicant will have ownership or legal possession of the premises proposed for the retail marijuana establishment for the term of the proposed license. If the premises is not owned by the applicant, such proof of possession shall include a signed statement from the landlord or owner of the premises consenting to the use of the property for the purposes of operating a retail marijuana establishment. If the property is subject to a declaration of covenants and restrictions and an owners’ association, a signed statement from the owners’ association consenting to the use of the property for a retail marijuana establishment shall be provided.
5. Proof of Insurance as follows:
a. Workers compensation insurance to cover obligations imposed by the Workers Compensation Act of Colorado and any other applicable laws for any employee engaged in the performance of work related to the operation of the retail marijuana establishment and
b. Comprehensive general liability insurance with minimum single limits of one million dollars ($1,000,000.00) each occurrence and two million dollars ($2,000,000.00) aggregate, applicable to all premises and operations.
6. An operating plan for the proposed retail marijuana establishment including the following information:
a. A description of the products and services to be sold or provided by the retail marijuana establishment.
b. A dimensioned floor plan of the proposed premises clearly labeled, showing:
i. the layout of the structure and the floorplan in which the retail marijuana establishment will be located including information sufficient to prove compliance with ventilation, security and other structural requirements contained therein;
ii. the principle uses of the floor area depicted on the floorplan including but not limited to storage areas, retail sales areas and restricted areas where marijuana will be stored and located; and
iii. areas where any services other than the cultivation, distribution or sale of retail marijuana is proposed to occur on the licensed premises.
7. For a retail marijuana testing facility or retail marijuana products manufacturing facility, a plan that specifies all means to be used for extraction, heating, washing, or otherwise changing the form of the marijuana plant, or the testing of any marijuana, and verification of compliance with all applicable State and local laws for ventilation and safety measures for each process.
8. The maximum amount of retail marijuana or retail marijuana products that may be on the business premises at any one time.
9. A security plan indicating how the applicant will comply with the requirements of this Chapter and any other applicable law, rule or regulation. The applicant may submit the portions of such security plan which include trade secrets or specialized security arrangements confidentially. The Town will not disclose the documents appropriately submitted under the Colorado Open Records Act, Sections 24-72-201 et. seq., C.R.S. if they constitute confidential trade secrets or specialized security arrangements to any party other than law enforcement agencies, unless compelled to do so by court order. Any document that the applicant considers eligible for protection under the Colorado Open Records Act shall be clearly marked as confidential and the reasons for such confidentiality shall be stated on the document.
10. A lighting plan showing the illumination of the outside area of the retail marijuana establishment for security purposes.
11. A vicinity map drawn to scale, indicating within a radius of one-quarter (1/4) mile from the boundaries of the property upon which the retail marijuana establishment is to be located, the proximity of the property to any school, residential childcare facility, or public park, or to any other facility identified in this Chapter that requires a distance separation from licensed retail marijuana establishments.
12. Fingerprints and personal histories for all owners and parties having a financial interest in the proposed retail marijuana establishment as defined in this Chapter. All such individuals shall be subject to a criminal background check in conjunction with the license application and review.
13. A plan for disposal of any retail marijuana or product that is not sold or is contaminated in a manner that protects any potion thereof from being possessed or ingested by a person or animal.
14. A plan for ventilation that describes the ventilating systems that will be used to prevent any odor of marijuana from extending beyond the premises of the business. Carbon filtration is strongly encouraged by the Town.
15. A description of all toxic, flammable or other materials regulated by the federal or State government that would have authority over the business if it was not a retail marijuana establishment, that will be used, kept or created at the retail marijuana establishment and the location where such materials will be stored.
16. An application for a retail marijuana establishment license shall be accompanied by the application fee, operational fee, criminal background fee, together with any other applicable fees that may be established by resolution of the Town Council. If the application is not approved, one-half (1/2) of the application fee and one-half (1/2) of the operational fee shall be refunded to the applicant.
(Ord. 3, §11, 2017; Amended Ord. 1, §11, 2020)
5.22.120 Inspection Required.
An inspection of the proposed retail marijuana establishment by the Town and the fire protection district shall be required prior to issuance of a license. Such inspection shall occur after the premises are ready for operation, but prior to the stocking of the business with any retail marijuana or marijuana products, and prior to the opening of the business to the public. The purpose of the inspection is to verify that the business facilities are constructed and can be operated in accordance with the application submitted, the applicable requirements of this Chapter, and any other applicable law, rule or regulation such as building codes.
(Ord. 3, §12, 2017; Amended Ord. 1, §12, 2020)
5.22.130 Issuance of License.
The Dinosaur Local Licensing Authority shall not issue a retail marijuana establishment license until the inspection, background checks, and all other information available to the Town have been found to verify that the applicant:
A. Has submitted a full and complete application;
1. Has made improvements to the business premises consistent with the application;
2. Is prepared to operate the business with the owners and business managers as set forth in the application, all in compliance with the provisions of this Chapter and any other applicable law, rule or regulation;
3. Has paid all required fees; and
4. Is otherwise in compliance with all other provisions of this Chapter and any other applicable ordinances of the Town of Dinosaur and the Colorado Marijuana Code.
(Ord. 3, §13, 2017; Amended Ord. 1, §13, 2020)
5.22.140 Release of Information.
Any signature on an application for the issuance, transfer or modification of a license for a retail marijuana establishment or for a change in business manager or other amendment to the license shall constitute a release for purposes of allowing the Town to conduct investigations regarding the personal histories and character of all interested parties and shall constitute a consent to the release of any information obtained by the Town through such process as a public record under the Colorado Open Records Act, including, but not limited to, criminal history reports conducted by the Town or any other authorized agency and all financial disclosures obtained by the Town or any other entity.
(Ord. 3, §14, 2017; Amended Ord. 14, §1, 2020)
5.22.150 License Fees and Charges.
Applicants for new retail marijuana establishment licenses or existing licensees shall pay the following fees:
New application for retail marijuana store
$5,000.00
(1/2 of such license fee shall be refunded to applicant if application is withdrawn or if license is not issued by the Town)
New license for retail marijuana cultivation facility
$4,000.00
(1/2 of such license fee shall be refunded to applicant if application is withdrawn or if license is not issued by the Town)
New license for retail marijuana manufacturing facility
$4,000.00
(1/2 of such license fee shall be refunded to applicant if application is withdrawn or if license is not issued by the Town)
New license for retail marijuana testing facility
$3,000.00
(1/2 of such license fee shall be refunded to applicant if application is withdrawn or if license is not issued by the Town)
Renewal of existing retail marijuana establishment license
$2,500.00
Annual Operating Fee
$2,000.00
(1/2 of such operational fee shall be refunded if initial application is withdrawn or if initial license is not issued by Town)
Change in Direct Beneficial Interest Owners (Change of Ownership Structure)
$2,500.00
Transfer of Ownership
$5,000.00
The fees above apply to each license issued, and a business with multiple locations in the Town must pay separate fees for each location. The appropriate fees must be paid in conjunction with any application or request before the Town will process or act upon forms submitted. Except as indicated above, all fees are non-refundable in the entirety. No fees previously paid by a licensee in connection with a license shall be refunded if the licensee’s license is subsequently suspended or revoked.
(Ord. 3, §15, 2017; Amended Ord. 2, § 1, 2018; Amended Ord. 1, §15, 2020)
5.22.160 Persons Prohibited as Licensees and Business Mangers.
A. No license approval provided by this Chapter shall be issued to or held by:
1. Any person whose criminal history indicates the person is not of good moral character;
2. Any corporation, any of whose officers’, directors’ or stockholders’ criminal histories and record indicate such person is not of good moral character;
3. Any partnership, association, or company, any of whose officers’, or any of whose members’, criminal histories and record indicate such person is not of good moral character;
4. Any person employing, assisted by, or financed in whole or in part by any other person whose criminal history and record indicate such person is not of good moral character;
5. Any cooperative association, any of whose officers’, directors’, or stockholders’ or members’ criminal histories and record indicate that such person is not of good moral character;
6. A person under twenty-one (21) years of age;
7. A person approved pursuant to this Chapter who, during a period of licensure or approval, or who, at the time of application, has failed to:
a. File any tax return with a taxing agency related to the operation of a retail marijuana establishment or medical marijuana establishment;
b. Pay any taxes, interest, or penalties due to a taxing agency relating to the operation of a retail marijuana establishment or medical marijuana establishment.
8. A person who:
a. Has discharged a sentence for a conviction of a felony in the five (5) years immediately preceding his or her application date; or
b. Has discharged a sentence for a conviction of a felony pursuant to any State or federal law regarding the possession, distribution, manufacturing, cultivation, or use of a controlled substance in the ten (10) years immediately preceding his or her application date or five (5) years from May 28, 2013, whichever is longer; except that the Local Licensing Authority may grant a license to a person if the person has a State felony conviction based on possession or use of marijuana or marijuana concentrate that would not be a felony if the person were convicted of the offense on the date he or she applied for a license;
9. A person who employs another person at a retail marijuana establishment who has not submitted fingerprints for a criminal history record check or whose criminal history record check reveals that the person is ineligible;
10. A sheriff, deputy sheriff, police officer, or prosecuting officer, or an officer or employee of the State Licensing Authority or the Local Licensing Authority;
11. A person applying for a license for a location that is currently licensed as a retail food establishment or wholesale food registrant; or a publicly traded company.
B. In investigating the qualifications of an applicant or a licensee, the Local Licensing Authority may have access to criminal history record information furnished by a criminal justice agency subject to any restrictions imposed by such agency. In the event the Local Licensing Authority considers the applicant’s criminal history record, the Local Licensing Authority shall also consider any information provided by the applicant regarding such criminal history record, including but not limited to, evidence of rehabilitation, character references, and educational achievements, especially those items pertaining to the time between the applicant’s last criminal conviction and the consideration of the application for a retail marijuana establishment license. As used in this Section, “criminal justice agency” means any federal, State or municipal court or any governmental agency or subunit of such agency that administers criminal justice pursuant to a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice.
C. The focus of the inquiry into the character and record of any person associated with the operation of a retail marijuana establishment shall be whether the person’s character is such that violations of State law or municipal ordinances pertaining to the possession and distribution of marijuana and/or the operation of retail marijuana establishments would be likely to result if a license were granted.
D. A direct beneficial interest owner who is a natural person must either:
1. Have been a resident of Colorado for at least one (1) year prior to the date of the application; or
2. Be a United States citizen prior to the date of the application. A retail marijuana business may be comprised of an unlimited number of direct beneficial interest owners that have been residents of Colorado for at least one (1) year prior to the date of application. A retail marijuana business that is comprised of one (1) or more direct beneficial interest owners who have not been Colorado residents for at least one (1) year prior to submittal of the application shall have at least one (1) officer who has been a Colorado resident for at least one (1) year prior to submittal of the application and all officers with day to day operational control over the business must become Colorado residents for at least one (1) year prior to the submittal of the application. A retail marijuana business is limited to no more than fifteen (15) direct beneficial interest owners, including all parent and subsidiary entities, all of whom are natural persons. A direct beneficial interest owner that is a closely held business entity must consist entirely of natural persons who are United States citizens prior to the date of the application, including all parent and subsidiary entities.
3. A retail marijuana business may include qualified institutional investors that own thirty percent (30%) or less of the retail marijuana business.
4. A person who intends to apply as a direct beneficial interest owner and who is not a Colorado resident for at least one (1) year prior to the date of the application shall first submit a request to the State Licensing Authority for a finding of suitability as a direct beneficial interest owner. The person shall receive a finding of suitability prior to submitting an application to the State Licensing Authority to be a direct beneficial interest owner. Failure to receive a finding of suitability prior to application shall be grounds for denial by the State Licensing Authority or Local Licensing Authority.
5. The State Licensing Authority shall perform a limited initial background check on qualified limited passive investors. If the initial background check provides reasonable cause for additional investigation, the State Licensing Authority may require a full background check. The State Licensing Authority shall review the retail marijuana business’s operating documents to ensure compliance with this Section.
6. For the purposes of this subsection, unless the context otherwise requires, “institutional investor” means:
a. An employee benefit plan or pension fund that is subject to the federal “Employee Retirement Income Security Act of 1974”, as amended, excluding an employee benefit plan or pension funds sponsored by a licensee or an intermediary holding company licensee that directly or indirectly owns five percent (5%) or more of a licensee;
b. A State or federal government pension plan;
c. A group comprised entirely of persons specified above; or
d. Any other entity identified through rule by the State Licensing Authority.
(Ord. 3, §16, 2017; Amended Ord. 1, §16, 2020)
5.22.170 Issuance or Denial of Approval.
A. In determining whether to issue an approval of an application for possible granting of a license in accordance with Section 5.22.070, the Local Licensing Authority may consider the following:
1. Whether the application is complete and signed by the applicant;
2. Whether the applicant has paid the application fee and the annual operating fee;
3. Whether the application complies with all of the requirements of this Chapter, the Colorado Retail Marijuana Code, and rules promulgated by the State Licensing Authority;
4. Whether the application contains any material misrepresentations;
5. Whether the proposed retail marijuana establishment complies with the Town’s requirements set forth in Chapter 14.04. The Local Licensing Authority shall make specific findings of fact with respect to whether the building in which the proposed retail marijuana business will be located conforms to the distance requirements set forth in Section 5.22.090 of this Chapter;
6. The facts and evidence adduced as a result of its investigation as well as any other facts and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed;
B. The Local Licensing Authority may deny the approval of an application for good cause as defined in Colorado Marijuana Code.
C. The Local Licensing Authority may impose reasonable conditions upon any license approval or renewal issued pursuant to this Chapter.
D. After the initial granting of a retail marijuana business license, if such license becomes available for issuance to another licensee, the Town Clerk shall publish the availability of the license and assign priority by lot to each completed application approved by the Local Licensing Authority received within thirty (30) days following action of the Local Licensing Authority.
E. No person, person associated with a business entity, or business entity shall own, operate, manage, control or hold any interest in more than one (1) retail marijuana establishment in the Town. Retail cultivation license approval shall not be subject to this limit if the licensee holds or has successfully applied for a retail marijuana store license.
F. The Local Licensing Authority shall issue its decision approving or denying the application within thirty (30) days following completion of the application investigation by Town staff. The decision shall be in writing, shall state the reasons for the decision, and a copy of the decision shall be mailed by certified mail to the applicant at the address shown on the application.
G. The Town Clerk shall not issue a certificate of approval nor notify the State Licensing Authority of an approval until the applicant has been issued a license by the Local Licensing Authority in accordance with the applicant’s priority by lot.
(Ord. 3, §17, 2017; Amended Ord. 1, §17, 2020)
5.22.180 Contents and Display of Approval.
The approved licensee shall post the certificate of approval by the Local Licensing Authority in a conspicuous location on the premises. A retail marijuana establishment approval shall contain the following information:
A. Type of Approval:
1. Type of approval;
2. The name of the licensee;
3. The date of issuance of the approval;
4. The street address at which the licensee is authorized to operate the retail marijuana establishment;
5. Any conditions of approval imposed upon the license by the Local Licensing Authority;
6. The date of expiration of the approval; and
7. The signature of the Town Clerk.
(Ord. 3, §18, 2017; Amended Ord. 1, §18, 2020)
5.22.190 Transfer of Ownership/Changes in Ownership Structure.
A. A license granted under the provisions of this Chapter is not transferrable except as provided in this Section, but this Section does not prevent a change of location as provided in Section 5.22.200.
B. For a transfer of ownership, a license holder shall apply to the State Licensing Authority on forms prepared and furnished by the State Licensing Authority. Upon receipt of an application for transfer of ownership, the State Licensing Authority shall submit, within seven (7) days, a copy of the application to the Local Licensing Authority to determine whether the transfer complies with local restrictions on transfer of ownership. In determining whether to permit a transfer of ownership, the State Licensing Authority shall consider only the requirements of Article 10 of Title 44, C.R.S., any rules promulgated by the State Licensing Authority and any local restrictions. The Local Licensing Authority may hold a hearing on the application for a transfer of ownership. However, the Local Licensing Authority shall not hold a hearing pursuant to this subsection until the Local Licensing Authority has posted a notice of hearing in the manner described in Section 44-10-303(2), C.R.S. on the licensed premises for a period of ten (10) days and has provided notice of the hearing to the applicant at least ten (10) days prior to the hearing. The Local Licensing Authority shall then approve or reject the proposed transfer of ownership.
C. Changes in direct beneficial interest owners or a change in ownership structure that do not result in a person increasing that person’s interest from less than ten percent (10%) to more than ten percent (10%) shall be reported to the Local Licensing Authority and may be approved administratively by the Town Clerk.
(Ord. 3, §1, 2017; Amended Ord. 2, §2, 2018; Amended Ord. 1, §1, 2020)
5.22.200 Change in Location.
A. A licensee may move its permanent location to another location in the Town, but it shall be unlawful to cultivate, manufacture, distribute, or sell retail marijuana at any such place until permission to do so is granted by the Local Licensing Authority and the State Licensing Authority.
B. In permitting a change of location, the Local Licensing Authority shall consider all reasonable restrictions that are or may be placed on the new location and any such new location shall comply with all requirements of this Chapter, the Town’s zoning provisions, the Colorado Retail Marijuana Code, and rules promulgated by the State Licensing Authority.
C. The Local Licensing Authority shall not authorize a change of location until the applicant produces a license issued and granted by the State Licensing Authority covering the period for which the change of location is sought.
(Ord. 3, §20, 2017; Amended Ord. 1, §20, 2020)
5.22.210 Suspension or Revocation of a License.
A. A license approval granted pursuant to this Chapter may be suspended or revoked by the Local Licensing Authority or a hearing officer appointed by the Local Licensing Authority after a hearing for the following reasons:
1. Fraud, misrepresentation, or a false statement of material fact contained in the license application;
2. Any violation of a Town ordinance or State law pertaining to the operation of a retail marijuana establishment or a medical marijuana business, including regulations adopted by the State Licensing Authority, for the possession or distribution of marijuana or manufacturing of retail marijuana products;
3. A violation of any of the terms and conditions of its license;
4. A violation of any of the provisions of this Chapter;
5. Failure to pay sales taxes, occupation taxes, excise taxes or operational fees to the State of Colorado or the Town of Dinosaur when due and owing.
B. In deciding whether a retail marijuana establishment license should be suspended or revoked, and in deciding whether to impose conditions in the event of a suspension, the Local Licensing Authority shall consider:
1. The nature and severity of the violation;
2. Corrective action, if any, taken by the licensee;
3. Prior violation(s), if any, by the licensee;
4. The likelihood of a reoccurrence of the violation;
5. The circumstances of the violation;
6. Whether the violation was willful; and
7. Previous sanctions if any imposed on the licensee.
C. The provisions of Part 9 of the Colorado Marijuana Code shall govern proceedings for the suspension or revocation of a license granted pursuant to this Chapter. The Local Licensing Authority may not impose a fine in lieu of a suspension as authorized under the provisions of the Colorado Marijuana Code.
(Ord. 3, §21, 2017; Amended Ord. 1, §21, 2020)
5.22.220 Operational Requirements.
A. Retail marijuana stores may only be open to the public between the hours of 10:00 a.m. and 8:00 p.m. daily, and no sale or other distribution of marijuana may occur upon the premises outside of those hours. A licensed cultivation facility or its contracted agent may deliver marijuana and marijuana products to retail stores on any day and at any time except between the hours of 9:00 p.m. and 7:00 a.m. Retail marijuana cultivation facilities, retail marijuana product manufacturing facilities and retail marijuana testing facilities may conduct business operations on the licensed premises at any time.
B. A retail marijuana establishment shall be operated and maintained strictly in accordance with the license application.
C. All retail marijuana establishments shall collect and remit all applicable State, County and Town sales taxes, occupation taxes, excise taxes or other lawfully imposed tax in a timely manner.
D. No marijuana or products containing marijuana shall be smoked, eaten or otherwise consumed or ingested within the retail marijuana establishment.
E. No person under twenty-one (21) years of age shall be allowed within the business premises of a retail marijuana establishment. No person shall be allowed entry into the business premises without showing a valid photo identification in accordance with the requirements of the Colorado Marijuana Code.
F. Any and all possession, storage, display or sales or other distribution of marijuana and testing of marijuana shall occur only within the restricted area of a retail marijuana establishment or retail marijuana testing facility and shall not be visible from the exterior of the business.
G. Each licensee shall manage the licensed premises himself or herself or employ a separate business manager on the premises. The licensee shall report any change in business manager to the Town within seven (7) days after the change.
H. For all retail marijuana establishments, the odor of marijuana must not be perceptible at the exterior of the building containing the licensed premises or at any adjoining use of the property. Retail marijuana cultivation facilities must implement appropriate ventilation and filtration systems to satisfy this odor nuisance standard. Retail marijuana stores, retail marijuana product manufacturing facilities, and retail marijuana testing facilities are not required to install filtration equipment on the licensed premises but must satisfy these odor threshold requirements. While the Town does not mandate any particular equipment specifications with regard to filtration, all retail marijuana establishments are strongly encouraged to adopt best management practices with regard to implementing state of the art technologies in mitigating marijuana odor, such as air scrubbers and charcoal filtration systems.
I. Retail marijuana product manufacturing facilities and retail marijuana testing facilities shall include appropriate ventilation systems to mitigate noxious gases or other fumes used or created as a part of the production.
J. Outdoor cultivation, preparation or purchasing of marijuana or marijuana products is strictly prohibited.
K. Areas in which marijuana is grown in retail marijuana cultivation facilities shall be equipped with green lights, or an equivalent means of illumination, to enable access and inspection during dark cycles.
L. A retail marijuana store may not sell more than one (1) ounce of retail marijuana or its equivalent in retail marijuana products including retail marijuana concentrate, except for non-edible, non-psychoactive retail marijuana products, including ointments, lotions, balms and other non-transdermal topical products to the same person within a twenty-four (24) hour period. The licensee shall develop a tracking system to ensure that this requirement is complied with.
M. Prior to initiating a sale, the employee of a retail marijuana store making the sale shall verify that the purchaser has a valid photo identification card showing the purchaser is twenty-one (21) years of age or older. If a person under twenty-one (21) years of age presents a fraudulent proof of age, any action relying on the fraudulent proof of age shall not be grounds for the revocation or suspension of any license issued under this Chapter. If a retail marijuana store licensee or employee has reasonable cause to believe that a person is under twenty-one (21) years of age and is exhibiting fraudulent proof of age in an attempt to obtain any retail marijuana or marijuana infused products, the licensee or employees are authorized to confiscate such fraudulent proof of age, if possible, and shall, within seventy-two (72) hours after the confiscation, remit the same to a State or local law enforcement agency. The failure to confiscate such fraudulent proof of age or to remit the same to a State or local law enforcement agency within seventy-two (72) hours after the confiscation does not constitute a criminal offense. If a retail marijuana store licensee or employee believes that a person is under twenty-one (21) years of age and is exhibiting fraudulent proof of age in an attempt to obtain any retail marijuana or retail marijuana infused products, the licensee or employee or any peace officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person in a reasonable manner for the purpose of ascertaining whether a person is guilty of any unlawful act regarding the purchase of retail marijuana. The questioning of a person by the licensee or an employee does not render the licensee or the employee civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.
N. The retail marijuana establishment shall not maintain any quantity of marijuana within the licensed premises in excess of the amount stated on the license application to the Town.
O. Any sale of retail marijuana shall be made in person, directly to the purchaser, within the restricted area of the retail marijuana establishment. No sale shall be made by a telephone, internet or other means of remote purchase. Delivery shall occur only in person to the purchaser at the time of purchase within the restricted area of the retail marijuana establishment.
P. It shall be unlawful for any retail marijuana establishment to employ any person who is not at least twenty-one (21) years of age. All business managers and employees of any licensee shall possess a valid occupational license and identification badge issued by the State of Colorado.
Q. All retail marijuana sold or otherwise distributed by the licensee shall be packaged and labeled in a manner that advises the purchaser that it contains marijuana, specifies the amount of marijuana in the product, and that the marijuana is intended for use solely by a person lawfully entitled to possess retail marijuana. The label shall be in compliance with all applicable requirements of the State of Colorado.
R. All retail marijuana testing facilities shall operate in compliance with all applicable State laws and regulations adopted pursuant to such laws including but not limited to Section 44-10-604, C.R.S.
S. Retail marijuana stores are encouraged to provide customers with the contact information for local drug abuse treatment centers as well as educational materials regarding the hazards of substance abuse.
T. No firearms, knives, or other weapons shall be permitted in a retail marijuana store except those carried by sworn peace officers, those persons having concealed weapons permits, and those carried by security personnel hired by the retail marijuana establishment.
U. Marijuana shall not be consumed or used on the premises of a retail marijuana store and it shall be unlawful for a retail marijuana store licensee to allow marijuana to be consumed upon its licensed premises. In the case of a retail marijuana store located in a structure with a legal secondary unit or other legal dwelling unit, the dwelling unit shall not be considered part of the retail marijuana store premises if access to the dwelling unit is prohibited to the retail marijuana store customers.
V. The Dinosaur Town Marshal or other appropriate Town employee shall report to the Town Clerk all violations of this Chapter and other applicable State and local laws and the Town Clerk shall maintain a record of each license issued and record the reports of the violations in such records.
(Ord. 3, §22, 2017; Amended Ord. 1, §22, 2020)
5.22.230 Requirements Relating to Monitoring and Security of Restricted Areas and Inventory.
A. All components of the security plan submitted with the application, as it may be amended, shall be in good working order, monitored and secured twenty-four (24) hours per day. A separate security system is required for each business. A security plan must include, at a minimum, the following security measures:
1. Cameras. Retail marijuana establishments shall include and use color security cameras to monitor and record all areas of the premises (excluding restrooms), including all areas where persons may gain or attempt to gain access to marijuana or cash maintained by the retail marijuana establishment. Cameras shall record operations of the business to an off-site location, and shall record all potential areas of ingress or egress to the business with sufficient detail to identify facial features and clothing. Recordings from security cameras shall be maintained by the licensee for a minimum of forty (40) days in a secure off-site location in the Town or through a service over a network that provides on-demand access, commonly referred to as a “cloud”.
2. Storage. The retail marijuana establishment shall install and use a safe room or safe anchored to a wall or floor for storage of any inventory, processed marijuana and cash on the premises when the business is closed to the public. Safe rooms shall be incorporated into the building structure and shall have solid core doors with commercial grade locks and shall be visible through the surveillance camera system. For retail marijuana products that must be kept refrigerated or frozen, the business may lock the refrigerated container or freezer in a manner authorized by the Town in place of the use of a safe so long as the container is affixed to the building structure and visible through the surveillance camera system.
3. Alarm system. The retail marijuana establishment shall install and use an alarm system that is monitored by a company that is staffed twenty-four (24) hours a day, seven (7) days a week. The security plan submitted to the Town shall identify the company monitoring the alarm system, including contact information. Any modification relative the company monitoring the alarm system shall be reported to the Town within seventy-two (72) hours.
(Ord. 3, §23, 2017; Amended Ord. 1, §23, 2020)
5.22.240 Signage and Advertising.
A. A retail marijuana establishment may not advertise in a manner that is misleading, deceptive, false or is designed to appeal to minors.
B. Except as otherwise provided in this Section, it shall be unlawful for any person licensed under this Chapter or any other person to advertise any retail marijuana establishment or any retail marijuana infused product anywhere within the Town where the advertisement is in plain view of, or in, a place open to the general public, including advertising and using any of the following media: any billboard or other outdoor general advertising device; any sign mounted on a vehicle; any handheld or other portable sign; or any hand bill, leaflet or flyer directly handed to any person in a public place, left upon a motor vehicle, or posted upon any public or private property. The prohibition set forth in this Section shall not apply to:
1. Any sign located on the licensed premises of a retail marijuana establishment which exists solely for the purpose of identifying the location of the premises and which otherwise complies with this Chapter and any other applicable Town laws and regulations; or
2. Any advertisement contained within a newspaper, magazine, or other periodical of general circulation within the Town or on the internet.
C. No retail marijuana establishments shall distribute or allow the distribution of any marijuana without charge within a retail marijuana establishment or at any other place in the Town for purposes of promotion, advertising, or any other similar purpose.
(Ord. 3, §24, 2017; Amended Ord. 1, §24, 2020)
5.22.250 Right of Entry-Records to be Maintained and Inspection Procedures.
A. Each licensee of a retail marijuana establishment shall keep and maintain a complete set of books of accounting, invoices, copies of orders and sales, shipping receipts, bills of lading, correspondence, and all other records necessary to fully document the business transactions of such licensee. The licensee shall also maintain records which verify that the amount of marijuana within the retail marijuana establishment does not exceed the amount allowed. All such records shall be open at all times during business hours for inspection and examination by the Town Marshal or his duly authorized representatives. The Town may require the licensee to furnish such information as it considers necessary for the proper administration of this Chapter. The records shall clearly show the source, amount, price and dates of all retail marijuana received or purchased, and the amount, price, and dates for all retail marijuana sold.
B. By accepting the retail marijuana establishment license, licensee consents to the disclosure of the information required by this Section.
C. The Town may require an audit of the books of account and records of the retail marijuana establishment as it may deem necessary. Such audit shall be made by an auditor selected by the Town, who shall have access to all books and records of such licensee. The expense of any audit determined to be necessary by the Town shall be paid by the Town; provided, however, should the audit reflect a failure of the licensee, in whole or in part, to timely remit all sales taxes, occupation taxes or excise taxes due to the Town, the expense of the audit shall be paid by the licensee.
D. The acceptance of a retail marijuana establishment license from the Town constitutes consent by the licensee, owners, business managers and employees of such business to permit the Mayor, Town Marshal, or their representatives to conduct routine inspections of the licensed retail marijuana establishment to assure that the retail marijuana establishment and the premises are being operated and maintained in accordance with the terms set forth in the application and that all operations in the premises remain in compliance with this Chapter, the Colorado Marijuana Code, and any rules or regulations promulgated thereunder.
E. All retail marijuana establishments shall be required to obtain applicable State and Town licenses and shall collect and remit all applicable State, County and Town sales taxes, occupation taxes and excise taxes in a timely manner. The retail marijuana business license and sales tax license for the business shall be conspicuously posted in the business.
(Ord. 3, §25, 2017; Amended Ord. 1, §25, 2020)
5.22.260 Compliance with Other Applicable Laws.
Except as may be otherwise provided in this Ordinance, or rules or interpretations adopted by the Town, any law or regulation adopted by the State of Colorado governing the cultivation, production, possession, distribution or testing of marijuana for retail or recreational use shall also apply to retail marijuana establishments licensed within the Town. Provided, however, if a State law or regulation permits what this Chapter prohibits, this Chapter shall control.
(Ord. 3, §26, 2017; Amended Ord. 1, §26, 2020)
5.22.270 Violations; Penalty.
A. Any person, other than a licensee of a retail marijuana establishment, who violates any provision of this Chapter shall be deemed guilty of a municipal offense and may be punished by a fine not to exceed three hundred dollars ($300.00), imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment.
B. Any licensee of a retail marijuana establishment who violates any provisions of this Chapter shall be subject to civil penalties of up to one thousand dollars ($1,000.00) for each day during which such violation occurs or continues. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. Following notice and hearing, the Local Licensing Authority may impose such civil penalties.
(Ord. 3, §27, 2017; Amended Ord. 1, §27, 2020)
- 5.25 - Medical Marijuana Licensing - General Provisions
-
5.25.010 Purpose.
5.25.020 Definitions.
5.25.030 License Required.
5.25.040 Composition, Functions and Powers of Local Licensing Authority.
5.25.050 Limitation on the Number of Licenses That May Be Issued Within the Town.
5.25.060 Issuance of Initial Licenses.
5.25.070 Permitted Locations.
5.25.080 Buffering Requirements.
5.25.090 General Licensing Conditions.
5.25.100 License Application Requirements.
5.25.110 Inspection Required.
5.25.120 Issuance of License.
5.25.130 Application and License Fees.
5.25.140 Procedures for Approval or Denial of License Applications.
5.25.150 Issuance or Denial of Approval.
5.25.160 Conditions on Licenses.
5.25.170 Personal Requirements for the Licensee, Principals, Business Manager, Persons Holding a Financial Interest and Employees.
5.25.180 Special Requirements and Requirements-General.
5.25.190 Specific Requirements for a Medical Marijuana Center.
5.25.200 Specific Requirements for Optional Premises Cultivation Operation License.
5.25.210 Specific Requirements for a Medical Marijuana-Infused Products Manufacturer’s License.
5.25.220 Renewal of Medical Marijuana Business License.
5.25.230 Major Changes to Medical Marijuana Business License or Licensed Premises Requiring Approval of the Local Licensing Authority.
5.25.240 Reports of Minor Changes.
5.25.250 Books and Records.
5.25.260 Right of Entry; Audit of Records.
5.25.270 Suspension and Revocation of License.
5.25.280 Compliance with Other Applicable Laws.
5.25.290 Violations; Penalty.
5.25.010 Purpose.
The Town Council of the Town of Dinosaur intends to regulate the use, acquisition, cultivation, production, and distribution of Medical Marijuana in a manner consistent with Article XVIII, Section 14 of the Colorado Constitution (the “Medical Marijuana Amendment”) the Colorado Marijuana Code and regulations adopted by the State of Colorado thereunder.
A. The Medical Marijuana Amendment to the Colorado Constitution does not provide a legal manner for patients to obtain Medical Marijuana unless the patient grows the marijuana or the marijuana is grown by the patient’s primary caregiver.
B. The Colorado Marijuana Code, Article 10 of Title 14, Colorado Revised Statutes imposes statewide regulations pertaining to the use, acquisition, cultivation, production, sale and distribution of medical marijuana and medical marijuana-infused products within the State of Colorado.
C. The use, distribution, cultivation, productions, possession and transportation of marijuana remains illegal under federal law, and marijuana is still classified as a “Level 1 Controlled Substance” under federal law. Nothing within this Chapter is intended to promote or condone the production, cultivation, use, sale or distribution of Medical Marijuana other than in compliance with applicable State law.
D. This Chapter is not intended to regulate retail marijuana businesses which are governed by Chapter 5.22 of the Dinosaur Municipal Code.
E. This Chapter is to be construed to protect the interest of the public over marijuana business interests. Operation of a medical marijuana business establishment is a revocable privilege and not a right within the Town. There is no property right for an individual to have a business to sell marijuana within the Town of Dinosaur.
F. The purpose of this Chapter is to implement the Medical Marijuana Amendment in a manner consistent with Article 10 of Title 14, C.R.S., to protect the health, safety and welfare of the residents and patients of the Town by prescribing the time, place and manner in which medical marijuana businesses may be operated within the Town. In addition, the purpose of this Chapter is to:
1. Provide for the safe sale of medical marijuana to persons legally permitted to obtain, possess and use marijuana for medical purposes in accordance with the Medical Marijuana Amendment.
2. Protect public health and safety through reasonable limitations on business operations as they relate to noise, air quality, food safety, public safety, security for the businesses and their personnel, and other health and safety concerns.
3. Impose fees in an amount sufficient to cover the direct and indirect cost to the Town of licensing and regulating medical marijuana establishments.
4. Allow medical marijuana centers, medical marijuana optional premises cultivation facilities, and medical marijuana-infused product manufacturing facilities to operate in compliance with this Chapter.
5. Facilitate the implementation of the Medical Marijuana Amendment without going beyond the authority granted by such Amendment.
(Ord. 2, §1, 2017)
5.25.020 Definitions.
The following words and phrases used in this Chapter shall have the following meanings unless the context clearly indicates otherwise:
Adjacent Grounds means all areas that the licensee has a right to possess by virtue of his/her ownership or lease, which are outside the enclosed licensed premises, but adjacent and contiguous to the licensed premises, including but not limited to porches, patios, decks, entryways, lawns, parking lots, and similar areas and all fixed and portable things in such areas, including but not limited lights, signs and security devices.
Business Manager means the individual designated by the owner of a medical marijuana business and registered with the Town as the person responsible for all operations of the business during the owner’s absence from the business premises.
Character and Record includes all aspects of a person’s character and record, including but not limited to, moral character; criminal record including serious traffic offenses; record of previous sanctions against liquor licenses, gambling licenses, medical marijuana licenses, or retail marijuana business licenses, which the person owns, in whole or in part, in which the person serves as a principal, manager, or employee; education, training, experience; civil judgments entered against the person; truthfulness, honesty; and financial responsibility. The conviction of any person for an offense, shall not, in itself, be grounds for a finding of a bad character and record if such person demonstrates that he/she has been rehabilitated in accordance with Section 24-5-101, C.R.S. In the event the Local Licensing Authority considers information concerning the criminal history of a person, the Local Licensing Authority shall also consider any information provided by an applicant regarding such criminal history records, including but not limited to, evidence of rehabilitation, character references and educational achievements especially those items pertaining to the period of time between the last criminal conviction and the time of consideration of a license application.
Contiguous means located within the same building as the medical marijuana center or medical marijuana-infused products manufacturer, located in a separate building on the same parcel of land as the medical marijuana center or medical marijuana-infused products manufacturer, or located in a separate building on a separate parcel of land that is adjacent to and shares at least fifty percent (50%) of a common lot line with the lot on which the medical marijuana center or medical marijuana-infused products manufacturer is located.
Good Cause shall have the same meaning as set forth in Section 44-10-103(17), C.R.S.
Laws of the State of Colorado shall mean and include Section 14 of Article XVIII of the Colorado Constitution; the Colorado Marijuana Code, Article 10 of Title 44, C.R.S.; other Colorado statutes, including but not necessarily limited to Section 18-18-406(3), C.R.S. and Section 25-1.5-106, C.R.S.; applicable regulations promulgated by the Colorado Department of Public Health and Environment and the State Licensing Authority; and all applicable final decisions of Colorado’s appellate courts.
Licensed Premises means the premises specified in an application for a license pursuant to this Chapter and the Colorado Marijuana Code that is owned by or in possession of the Licensee, and within which the Licensee is authorized to cultivate, manufacture, distribute or sell medical marijuana in accordance with the provisions of this Chapter and the Laws of the State of Colorado.
Licensee shall have the same meaning as set forth in Section 44-10-103(25), C.R.S.
Local Licensing Authority shall mean the Town Council of the Town of Dinosaur.
Medical Marijuana shall have the same meaning as set forth in Section 44-10-103(34), C.R.S.
Medical Marijuana Business shall mean a person holding a medical marijuana center license, as defined in Section 44-10-103(40), C.R.S.; a medical marijuana-infused products manufacturer license, as defined in Section 44-10-103(39), C.R.S.; and/or an optional premises cultivation operation license, as defined in Section 44-10-502, C.R.S. For the purposes of this Chapter, a patient that cultivates, produces, possesses or transports medical marijuana or a primary caregiver that cultivates, produces, sells, distributes, possesses, transports, or makes available marijuana in any form to one or more patients shall not be deemed a “medical marijuana business”.
Medical Marijuana Center or Store shall have the same meaning as set forth in Section 44-10-103(40), C.R.S.
Medical Marijuana-Infused Products Manufacturer shall have the same meaning as set forth in Section 44-10-103(39), C.R.S.
Medical Use shall have the same meaning as is set forth in Article XVIII, Section 14(1)(b) of the Colorado Constitution, or as may be fully defined in any applicable State law or regulation.
Patient shall have the same meaning as is set forth in Article XVIII, Section 14(1)(d) of the Colorado Constitution, or as may be more fully defined in any applicable State law or regulation.
Person means a natural person, partnership, association, company, corporation, limited liability company or organization, or a manager, agent, owner, director, servant, officer, or employee thereof.
Premises means a distinct definite location which may include a building, a part of a building, a room, or any other definite contiguous area.
Primary Caregiver shall have the same meaning as is set forth in Article XVIII, Section 14(1)(d) of the Colorado Constitution, or as may be more fully defined in any applicable State law or regulation.
Principal means:
(a) in the case of any business entity, including any general or limited partnership, corporation, limited liability company or other entity, any person who has five percent (5%) or greater interest in the ownership of the entity and any person who has the day to day authority to or actually does manage the entity’s financial affairs.
(b) In the case of a corporation, the persons described for any entity described in subsection (1) above and the president, vice president, secretary, chief executive officer, chief financial officer, and any person who holds five percent (5%) or more of the capital stock of the corporation.
(c) In the case of a limited liability company, the persons described for any such entity in subsection (1) above and any member of the limited liability company.
(d) In the case of a sole proprietorship, the individual owner.
Retail Marijuana Establishment means a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana products manufacturer, or a retail marijuana testing facility.
School means a public or private licensed preschool, or a public, private or charter elementary, middle, junior high or high school, vocational school, secondary school, community college, or other institution of higher education.
Serious Traffic Offense means any driving offense carrying eight (8) points or greater under Section 42-2-127, C.R.S. or the substantial equivalent of such events in any other state.
State Licensing Authority means the authority created by Section 44-10-201, C.R.S. for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution and sale of medical marijuana in this State.
Unless defined in this Chapter or the context clearly indicates otherwise, any word or term used in this Chapter that is defined in Article XVIII, Section 14(1)(f) of the Colorado Constitution or in the Colorado Marijuana Code shall have the same meaning that is ascribed to such word or term in the Colorado Constitution or in the Colorado Marijuana Code.
(Ord. 3, §2, 2017)
5.25.030 License Required.
A. It shall be unlawful for any person to operate a medical marijuana business without first having obtained a license to operate pursuant to the provisions of this Chapter, having paid the fees therefor, as well as having obtained a license to operate from the State Licensing Authority. The licensing requirements apply to all medical marijuana businesses established after the effective date of this Chapter.
B. Any person violating this Section commits a municipal offense punishable by up to ninety (90) days incarceration, up to a three hundred dollar ($300.00) fine or by both such incarceration and fine. A person committing a violation shall be guilty of a separate offense for each day or part thereof during which the offense is committed or continued to be permitted by such person and shall be punished accordingly.
C. Pursuant to the provisions of Article 10 of Title 44, C.R.S., medical marijuana businesses shall be licensed by the Town in one or more of the following categories:
1. Medical Marijuana Center or Store, as defined in Section 44-10-103(40), C.R.S. Such center shall meet all criteria and requirements of Section 44-10-501, C.R.S. as well as all other regulatory requirements applicable to medical marijuana centers set forth within this Chapter, and within Article 10, Title 44, C.R.S., and the regulations promulgated thereunder.
2. Medical Marijuana-Infused Products Manufacturer, as defined in Section 44-10-103(36), C.R.S. Such business shall meet all criteria and requirements of Section 44-10-503, C.R.S., as well as all other regulatory requirements applicable to medical marijuana-infused products manufacturing set forth in this Chapter and within the laws of the State of Colorado, and the regulations promulgated thereunder.
3. Medical Marijuana Cultivation Operation, as defined in Section 44-10-103(37), C.R.S. Such cultivation operation shall meet all criteria and requirements of Section 44-10-502, C.R.S., as well as all other regulatory requirements applicable to medical marijuana cultivation operations set forth in this Chapter and within the laws of the State of Colorado, and the regulations promulgated thereunder. A medical marijuana cultivation operation may not be located contiguous to the licensed premises of a medical marijuana center but may be located contiguous or not contiguous to a medical marijuana-infused products manufacturer’s operation.
D. The licensing requirements set forth in this Chapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any federal law, the laws of the State of Colorado, or local laws, including, but not by way of limitation, a business license, retail sales tax license, occupation tax license, retail food establishment license, or any applicable zoning permits or building permits.
E. No license for a medical marijuana business shall be finally issued by the Town until a license for such use, at the location designated in the application, has been issued by the State Licensing Authority.
F. The issuance of a license pursuant to this Chapter does not create a defense, exception or provide immunity to any person in regard to any potential federal criminal liability the person may have for the production, distribution or possession of marijuana.
G. Every license issued under this Chapter confers only a limited and conditional privilege subject to the requirements, conditions, and limitations of this Chapter and State law. The license does not confer a property right of any kind. The license and the privilege created by the license may be further regulated, limited, or completely extinguished at the discretion of the Town Council or the electors of the Town, without any compensation to a licensee. Every license approved or issued under this Chapter shall be subject to the future exercise of the reserved rights of referendum and initiative, exercise of the local option described in Section 44-10-104, C.R.S., and any other future ordinances adopted by the electors of the Town or the Town Council. Nothing contained in this Chapter grants to any licensee any vested right to continue operating under the provisions of this Chapter as they existed at the time the license was approved or issued and every license shall be subject to any ordinance or prohibition adopted after the license was approved or issued.
H. A separate license shall be required for each location from which a medical marijuana business is operated.
I. All medical marijuana business licenses issued by the Town shall be valid for a period of one (1) year from the date such license is issued. Renewal applications shall be filed at least forty-five (45) days prior to the expiration date of the existing license.
J. Licensees shall report each transfer or change of ownership interest, change in business manager, or change in principals or change in employees on forms provided by the Town Clerk. An application for a change of business manager shall be submitted to the Town Clerk at least thirty (30) days prior to any such change to provide necessary time for the background check and processing of the application pursuant to Section 5.25.140 of this Chapter.
(Ord. 2, §3, 2017)
5.25.040 Composition, Functions and Powers of Local Licensing Authority.
A. For the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution and sale of medical marijuana and medical marijuana products within the Town, there is hereby created the Medical Marijuana Local Licensing Authority of the Town of Dinosaur. The Town Council of the Town shall serve as the Local Licensing Authority.
B. The Local Licensing Authority shall have such powers and duties as are provided for in this Chapter and the Colorado Marijuana Code.
C. The Local Licensing Authority shall have the power to promulgate rules and regulations concerning applications for licenses and the procedure for hearings before the Local Licensing Authority.
D. The Local Licensing Authority shall have the power to require any applicant or licensee to furnish such information to the Authority as may be reasonably necessary in order for the Authority to perform the duties and functions authorized by this Chapter.
E. The Local Licensing Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records at any hearing which the Authority is authorized to conduct. Any subpoena shall be served in the same manner as a subpoena issued by a district court of the State. The Dinosaur Municipal Judge shall have the power and authority to enforce such subpoena.
(Ord. 2, §4, 2017)
5.25.050 Limitation on the Number of Licenses That May Be Issued Within the Town.
A maximum of four (4) medical marijuana or store licenses, four (4) medical marijuana manufacturing licenses, and four (4) cultivation facilities shall be issued by the Dinosaur Medical Marijuana Local Licensing Authority. An application for renewal of an existing medical marijuana business license shall receive a preference over an application for a new medical marijuana license if the existing business has substantially met all of the requirements of this Chapter and the Colorado Marijuana Code during the previous license term and is in good standing.
(Ord. 2, §5, 2017)
5.25.060 Issuance of Initial License.
On or before August 10, 2017, the Town Clerk shall publish and post a notice that the Town is accepting applications for medical marijuana establishment licenses. Said notice shall establish a deadline for the Town’s acceptance of such applications. The Town Clerk shall initially review such applications for completeness. In the event the Town Clerk finds that an application is incomplete, the Town Clerk shall notify the applicant in writing of the application deficiencies and allow the applicant to correct such deficiencies within fifteen (15) days from the date of receiving such notice. The Town Clerk shall then forward the completed applications to the Dinosaur Local Licensing Authority for further processing and review. The Local Licensing Authority shall then finally determine the sufficiency of the license applications and the eligibility of the applicants to hold a medical marijuana establishment license. If more valid license applications of the same classification are received by the Local Licensing Authority than authorized by Section 5.25.050 of this Chapter, and therefore the Local Licensing Authority is not permitted to approve all of the sufficient applications reviewed because of the limitations set forth in Section 5.25.050 above, the Local Licensing Authority shall establish a date and time for selecting by lot the priority of the sufficient applications permitted by this Section. The Local Licensing Authority shall then proceed to issue the licenses applied for to the successful applicants.
(Ord. 2, §6, 2017)
5.25.070 Permitted Locations.
All medical marijuana establishment licenses shall be issued for a specific location which shall be designated as the licensed premises. Medical marijuana establishment licenses shall not be permitted in any Residential Zone District. Medical marijuana centers shall only be permitted in the Commercial Zone District. Cultivation facilities shall only be allowed in the Industrial Zone District. Medical marijuana product manufacturing facilities shall only be allowed in the Industrial Zone District.
(Ord. 2, §7, 2017)
5.25.080 Buffering Requirements.
Medical marijuana establishments must satisfy the following minimum distance requirements from permitted uses. Prior to issuing a medical marijuana establishment license, the Local Licensing Authority shall confirm that the proposed licensed premises boundaries meet the following buffering requirements.
A. Distance from Schools. Medical marijuana establishments shall be located a minimum of one thousand feet (1,000’) from schools, as measured from the nearest property boundary of such school uses to the boundaries of the proposed licensed premises.
B. Distance from Residential Childcare Facilities. Medical marijuana establishments shall be located a minimum of eight hundred feet (800’) from licensed residential childcare facilities, as measured from the nearest property boundary of such childcare uses to the boundaries of the proposed licensed premises.
C. Distance from Parks. Medical marijuana establishments shall be located a minimum of eight hundred feet (800’) from any public park, as measured from the nearest property boundary of such park to the boundary of the licenses premises.
D. Once the medical marijuana establishment license is issued, the Town will not preclude a school, residential child care facility or park from locating within a buffer zone. A medical marijuana establishment may then continue to operate at its present location. If a sensitive use later locates within the applicable buffer zone, however, the licensee does so at its own risk, and the issued license provides no protection or indemnification against enforcement of federal or other applicable laws prohibiting the operation of a medical marijuana establishment near a school or residential childcare facility.
E. No medical marijuana establishment shall be located in a movable or mobile vehicle or structure and no medical marijuana products shall be delivered in the Town unless such delivery is specifically permitted by Colorado law.
(Ord. 2, §8, 2017)
5.25.090 General Licensing Conditions.
A. Except as specifically provided herein, the issuance of a license for a medical marijuana establishment by the Town shall be subject to compliance with all provisions of Article 43.3 of Title 12, C.R.S.
B. The license requirements set forth in this Chapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, State or local law, including by way of example, a retail sales license, an occupation tax license, a retail food establishment license, or any applicable zoning, land use or building permits.
C. The issuance of a license pursuant to this Chapter does not create a defense, exception or provide immunity to any person in regard to any potential criminal liability a person may have for the production, distribution or possession of marijuana.
D. A separate license shall be required for each location from which a medical marijuana establishment is operated. A separate license shall be required for each specific business or business entity, for each geographical location and for each medical marijuana establishment co-located with a retail marijuana establishment.
E. The submission of an application for the issuance of a license under this Chapter from the Town shall act as acknowledgement and agreement by the applicant or the licensee that the sale of marijuana continues to be subject to the control and jurisdiction of the federal government and actions taken by the federal government under the federal laws and regulations may limit or invalidate any license issued by the Town or the licensee’s ability to own or operate a medical marijuana establishment in the Town.
(Ord. 2, §9, 2017)
5.25.100 License Application Requirements.
A. Start Date. The Local Licensing Authority shall receive and process all applications for medical marijuana establishment licenses beginning on August 24, 2017.
B. Application Materials. An application for a medical marijuana establishment license shall be made on forms provided by the Town Clerk for such purposes. The applicant shall use the application to demonstrate its compliance with the provisions of this Chapter and other applicable laws, rules or regulations. In addition to general information required of standard applications, the application shall require the following information:
1. Name and address of the owner or owners of the proposed medical marijuana establishment and in whose name the license is proposed to be issued.
a. If the proposed owner is a corporation, then the application shall include the name and address of all officers and directors of the corporation, and of any person holding any financial interest in the corporation, whether as a result of the issuance of stock, instruments of indebtedness, or otherwise, including disclosure information pertaining to bank, savings and loan associations or other commercial lender which has loaned funds to the applicant.
b. If the proposed owner is a partnership, association or limited liability company, the application shall include the name and address of all partners, members, managers or persons holding any financial interest in the partnership, association or limited liability company, including those holding an interest as the result of instruments of indebtedness or otherwise including disclosure of information pertaining to a bank, savings and loan association, or other commercial lender which has loaned funds to the applicant.
c. If the owner is not a natural person, the application shall include copies of the organizational documents for all entities identified in the application and the contact information for the person that is authorized to represent the entity or entities.
2. Name and address of the proposed business manager(s) of the medical marijuana establishment, if the business manager is proposed to be someone other than the owner, or if the owner is an entity rather than a natural person.
3. A statement indicating whether any of the named owners, members, business managers, parties with a financial interest, or persons named on the application have been:
a. Denied an application for a medical marijuana business license or retail marijuana establishment license pursuant to any state or local licensing law, rule or regulation, or had such license suspended or revoked.
b. Denied an application for a liquor license pursuant to Article 46 or 47 of Title 12, C.R.S., or by any similar State or local licensing law, rule, regulation or had such license suspended or revoked.
c. Convicted, entered a plea nolo contendere, or entered a plea of guilty in conjunction with a deferred judgment and sentence pertaining to any charge related to possession, use, or possession with intent to distribute narcotics, drugs or controlled substances.
d. Convicted, entered a plea of nolo contendere, or entered a plea of guilty in conjunction with a deferred judgment and sentence pertaining to any charge related to driving or operating a motor vehicle while under the influence or while impaired by alcohol or controlled substances.
e. Convicted, entered a plea of nolo contendere, or entered a plea of guilty in conjunction with a deferred judgment and sentence pertaining to any felony.
f. Convicted, entered a plea of nolo contendere, or entered a plea of guilty in conjunction with a deferred judgment and sentence pertaining to a serious traffic offense which means any driving offense carrying eight (8) points or greater under Section 42-2-127, C.R.S. or the substantial equivalent of such events in any other state.
4. Proof that the Applicant will have ownership or legal possession of the premises proposed for the medical marijuana establishment for the term of the proposed license. If the premises is not owned by the applicant, such proof of possession shall include a signed statement from the landlord or owner of the premises consenting to the use of the property for the purposes of operating a medical marijuana establishment.
5. Proof of Insurance as follows:
a. Workers compensation insurance to cover obligations imposed by the Workers Compensation Act of Colorado and any other applicable laws for any employee engaged in the performance of work related to the operation of the medical marijuana establishment and
b. Comprehensive general liability insurance with minimum single limits of one million dollars ($1,000,000.00) each occurrence and two million dollars ($2,000,000.00) aggregate, applicable to all premises and operations.
6. An operating plan for the proposed medical marijuana establishment including the following information:
a. A description of the products and services to be sold or provided by the medical marijuana establishment.
b. A dimensioned floor plan of the proposed premises clearly labeled, showing:
i. the layout of the structure and the floorplan in which the medical marijuana establishment will be located including information sufficient to prove compliance with ventilation, security and other structural requirements contained therein;
ii. the principle uses of the floor area depicted on the floorplan including but not limited to storage areas, retail sales areas and restricted areas where marijuana will be stored and located; and
iii. areas where any services other than the cultivation, distribution or sale of medical marijuana is proposed to occur on the licensed premises.
7. The maximum amount of medical marijuana or medical marijuana-infused products that may be on the business premises at any one time.
8. A security plan indicating how the applicant will comply with the requirements of this Chapter and any other applicable law, rule or regulation. The applicant may submit the portions of such security plan which include trade secrets or specialized security arrangements confidentially. The Town will not disclose the documents appropriately submitted under the Colorado Open Records Act, Sections 24-72-201 et. seq., C.R.S. if they constitute confidential trade secrets or specialized security arrangements to any party other than law enforcement agencies, unless compelled to do so by court order. Any document that the applicant considers eligible for protection under the Colorado Open Records Act shall be clearly marked as confidential and the reasons for such confidentiality shall be stated on the document.
9. A lighting plan showing the illumination of the outside area of the medical marijuana establishment for security purposes.
10. A vicinity map drawn to scale, indicating within a radius of one-quarter (1/4) mile from the boundaries of the property upon which the marijuana establishment is to be located, the proximity of the property to any school, residential childcare facility, or public park.
11. Fingerprints and personal histories for all owners and parties having a financial interest in the proposed medical marijuana establishment as defined in this Chapter. All such individuals shall be subject to a criminal background check in conjunction with the license application and review.
12. A plan for disposal of any medical marijuana or product that is not sold or is contaminated in a manner that protects any portion thereof from being possessed or ingested by a person or animal.
13. A plan for ventilation that describes the ventilating systems that will be used to prevent any odor of marijuana from extending beyond the premises of the business. Carbon filtration is strongly encouraged by the Town.
14. A description of all toxic, flammable or other materials regulated by the federal or State government that would have authority over the business if it was not a medical marijuana establishment, that will be used, kept or created at the medical marijuana establishment and the location where such materials will be stored.
15. An application for a medical marijuana establishment license shall be accompanied by the application fee, license fee, criminal background fee, together with any other applicable fees that may be established by resolution of the Town Council. If the application is not approved, one-half (1/2) of the application fee and one-half (1/2) of the license fee shall be refunded to the applicant.
(Ord. 2, §10, 2017)
5.25.110 Inspection Required.
An inspection of the proposed medical marijuana establishment by the Town and the fire protection district shall be required prior to issuance of a license. Such inspection shall occur after the premises are ready for operation, but prior to the stocking of the business with any medical marijuana or marijuana-infused products, and prior to the opening of the business to the public. The purpose of the inspection is to verify that the business facilities are constructed and can be operated in accordance with the application submitted, the applicable requirements of this Chapter, and any other applicable law, rule or regulation such as building codes.
(Ord. 2, §11, 2017)
5.25.120 Issuance of License.
The Dinosaur Local Licensing Authority shall not issue a medical marijuana establishment license until the inspection, background checks, and all other information available to the Town have been found to verify that the applicant:
A. Has submitted a full and complete application;
1. Has made improvements to the business premises consistent with the application;
2. Is prepared to operate the business with the owners and business managers as set forth in the application, all in compliance with the provisions of this Chapter and any other applicable law, rule or regulation;
3. Has paid all required fees; and
4. Is otherwise in compliance with all other provisions of this Chapter and any other applicable ordinances of the Town of Dinosaur and the Colorado Marijuana Code.
(Ord. 2, §12, 2017)
5.25.130 Application and License Fees.
A. Application and license fees for Medical Marijuana Businesses shall be as follows:
New license application for medical marijuana center
$5,000.00
(1/2 of such license fee shall be refunded to applicant if application is withdrawn or if license is not issued by the Town)
New license application for medical marijuana cultivation operation
$4,000.00
(1/2 of such license fee shall be refunded to applicant if application is withdrawn or if license is not issued by the Town)
New license for medical marijuana products manufacturing operation
$4,000.00
(1/2 of such license fee shall be refunded to applicant if application is withdrawn or if license is not issued by the Town)
Renewal of existing medical marijuana business license
$2,500.00
Transfer of Ownership
$5,000.00
B. The Town Council, by resolution, may increase or decrease any fee or cost or otherwise modify any other provisions set forth in subsection (A). Any such increase, decrease or other modification shall be evidenced by an appendix to this Chapter.
C. The primary purpose of the fees established in this Section is to defray the costs of the particular municipal services provided and not to defray the costs of general services provided by the Town or to raise general revenues. The fees provided in this Section are reasonably related and proportional to the costs of the services provided and do not generate additional net revenue.
D. If any license or application is denied, approved but not issued, lapsed, abandoned, or withdrawn, only one-half (1/2) of the license fee shall be refunded to the applicant.
(Ord. 2, §13, 2017)
5.25.140 Procedure for Approval or Denial of License Application.
Within thirty (30) days following the date the Town Clerk certifies that a license application is complete, the Local Licensing Authority shall either approve the license application, deny the license application, or approve the license application with conditions. No public hearing shall be required. However, the Local Licensing Authority shall notify the applicant of the date and time the application will be considered. The applicant shall appear at such meeting and the applicant shall be permitted to address the Local Licensing Authority in support of the application. No application for a license authorized under this Chapter shall be approved unless:
A. All applicable requirements of this Chapter have been satisfied;
B. All applicable requirements of the Colorado Marijuana Code have been satisfied;
C. All required licensee fees and associated costs have been paid by the applicant;
D. All other applicable requirements of the Town’s ordinances have been met;
E. The applicant has obtained a State sales tax license, a Town sales tax license, if required, and has obtained an occupation tax license pursuant to Town ordinances;
F. The applicant is not in arrears in regard to any administrative fines, court fines, assessments, sales tax reporting and/or payment obligations, or fees owed to the Town of Dinosaur; and
G. No fraudulent, misrepresented or false statement of material or relevant fact is contained within the application or was made to the Local Licensing Authority.
(Ord. 2, §14, 2017)
5.25.150 Issuance or Denial of Approval.
A. In determining whether to issue an approval of an application for possible granting of a license in accordance with Section 5.25.060, the Local Licensing Authority may consider the following:
1. Whether the application is complete and signed by the applicant;
2. Whether the applicant has paid the application fee and the annual license fee;
3. Whether the application complies with all of the requirements of this Chapter, the Colorado Marijuana Code, and rules promulgated by the State Licensing Authority;
4. Whether the application contains any material misrepresentations;
5. Whether the proposed medical marijuana establishment complies with the Town’s zoning provisions. The Local Licensing Authority shall make specific findings of fact with respect to whether the building in which the proposed medical marijuana business will be located conforms to the distance requirements set forth in Section 5.25.080 of this Chapter;
6. The facts and evidence adduced as a result of its investigation as well as any other facts and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed.
B. The Local Licensing Authority may deny the approval of an application for good cause as defined in Colorado Marijuana Code.
C. The Local Licensing Authority may impose reasonable conditions upon any license approval or renewal issued pursuant to this Chapter.
D. After the initial granting of a medical marijuana business license, if such license becomes available for issuance to another licensee, the Town Clerk shall publish and post the availability of the license and assign priority by lot to each completed application approved by the Local Licensing Authority within thirty (30) days following action of the Local Licensing Authority.
E. No person, person affiliated with a business entity, or business entity shall own, operate, manage, control or hold any interest in more than one (1) medical marijuana center and one (1) medical marijuana cultivation facility in the Town.
F. The Local Licensing Authority shall issue its decision approving or denying the application within thirty (30) days following completion of the application investigation by Town staff. The decision shall be in writing, shall state the reasons for the decision, and a copy of the decision shall be mailed by certified mail to the applicant at the address shown on the application.
G. The Town Clerk shall not issue a certificate of approval nor notify the State Licensing Authority of final approval until the applicant has been issued a license by the Local Licensing Authority in accordance with the applicant’s priority by lot, subject to issuance of a license by the State Licensing Authority.
(Ord. 2, §15, 2017)
5.25.160 Conditions on Licenses.
At the time that a new license is first approved, or when an existing license is renewed, or at any time that a sanction other than revocation is imposed, or at any time the Local Licensing Authority approves a major change to a license, the Local Licensing Authority may impose on the license any conditions related to the license, licensed premises, or adjacent grounds, that are reasonably necessary to protect the public health, safety or welfare, including but not limited to the following:
A. Additional security requirements;
B. Additional record keeping requirements;
C. Limits and requirements on parking and traffic flows;
D. Requirements for walls, doors, windows, locks and fences on the licensed premises and adjacent grounds;
E. Limits on the number of patients who may patronize the establishment at one time;
F. Limits on medical marijuana products that may be sold;
G. Requirements and limits on ventilation and lighting;
H. Limits on the products other than medical marijuana and medical marijuana products that can be sold on the licensed premises such as drug paraphernalia;
I. Limits on noise inside the licensed premises or on the adjacent grounds;
J. Prohibitions on certain conduct in the licensed premises;
K. Limits on hours of operation that are more restrictive than prescribed by this Chapter;
L. A requirement that the Licensee temporarily close the licensed premises to the public until certain changes, inspections or approvals are made; and
M. A limitation on the square footage of the licensed premises.
(Ord. 2, §16, 2017)
5.25.170 Personal Requirements for the Licensee, Principals, Business Manager, Persons Holding a Financial Interest and Employees.
A. The applicant, principals, business manager, persons holding a financial interest in the business, and employees shall meet all requirements for the issuance of a license by the State Licensing Authority.
B. The applicant, principals, business manager and employees shall all be over the age of twenty-one (21) years.
C. The applicant, principals, business manager, persons holding a financial interest in the business, and employees have not been determined by any other medical marijuana licensing authority, any other licensing board within the State, or the State Licensing Authority to not be persons of good character and record within the preceding three (3) years.
D. The applicant, principals, business manager, persons holding a financial interest in the medical marijuana business and employees are presently persons of good character and record.
E. The applicant, principals, business manager, persons holding a financial interest in the medical marijuana business and employees have not discharged a sentence for any felony in the five (5) years immediately preceding the filing of a license application.
F. The applicant, principals, business manager, persons holding a financial interest in the medical marijuana business and employees have never been convicted of a felony or received a deferred judgment and sentence pursuant to State of federal law regarding the possession, distribution, or use of a controlled substance.
G. The applicant, principals, business manager, persons holding a financial interest in the medical marijuana business have not held an interest in any liquor license, medical marijuana license, retail marijuana license or other license issued by any municipality, county, or the State of Colorado that has been revoked, suspended, or fined within the preceding two (2) years.
H. The applicant, principals, business manager, persons holding a financial interest in the medical marijuana business, and employees have not had their authority, if any, to act as a primary caregiver revoked by the State of Colorado within the preceding two (2) years.
I. The applicant and principals are not in default on any municipal, county, State, or federal taxes, fees, fines or charges, do not have any outstanding warrants for their arrest, and do not have any outstanding liens or judgments payable to the Town of Dinosaur.
J. The applicant and principals do not have any orders or judgments against them for child support in default or in arrears.
K. The applicant and principals are not a sheriff, deputy sheriff, peace officers or prosecuting attorneys, or an employee of the State licensing authority.
L. The applicant and principals are not licensed physicians who recommend medical marijuana to patients.
(Ord. 2, §17, 2017)
5.25.180 Special Restrictions and Requirements-General.
A. No medical marijuana establishment shall be located in a movable or mobile vehicle or structure and no medical marijuana products shall be delivered in the Town unless such delivery is specifically permitted by Colorado law.
B. No Products to be Visible from Public. Marijuana plants, products, accessories, and associated paraphernalia contained in a medical marijuana business shall not be visible from a public sidewalk, public street or right-of-way, or any other public place, or any portions of the building not restricted to patients only.
C. No Beer or Alcohol on Premises. No fermented malt beverages and no alcohol beverages, as defined in the Colorado Beer Code and the Colorado Liquor Code, respectively, shall be kept, served or consumed on the premises of a medical marijuana business, except for marijuana tinctures.
D. Hours of Operation. Medical marijuana centers may only be open to the public between the hours of 10:00 a.m. and 8:00 p.m. daily and no sale or other distribution of medical marijuana may occur upon the premises outside of these hours. A licensed medical marijuana optional premises cultivation facility may deliver medical marijuana or marijuana products to medical marijuana centers on any day and at any time except between the hours of 9:00 p.m. and 7:00 a.m. Medical marijuana optional premises cultivation facilities and medical marijuana-infused product manufacturing facilities may conduct business operations on the licensed premises at any time.
E. Restrictions Regarding Signage. All signage associated with a medical marijuana business shall meet the standards established in the Dinosaur Municipal Code. In addition, no sign associated with a medical marijuana business shall use the word “marijuana”, “cannabis”, or any other word or phrase commonly understood to refer to marijuana unless such word or phrase is immediately preceded by the word “medical” or the message of such sign includes the words “for medical use” or “for medicinal purposes” in letters that are no smaller than the largest letter on the sign. No depiction of marijuana plants or leaves shall appear on any exterior sign of a medical marijuana business.
F. Storage of Products. All products and accessories shall be stored completely indoors and on-site out of public view.
G. Restrictions on Location of Transactions. All transactions involving medical marijuana shall occur indoors and out of view of the public.
H. Consumption of Marijuana Prohibited. No consumption of any medical marijuana product shall be allowed or permitted on the licensed premises or adjacent grounds.
I. Underage Persons Prohibited. No person under the age of eighteen (18) years shall be permitted in the licensed premises unless accompanied by a parent or legal guardian. No person shall be allowed entry into the business premises without showing a valid photo identification in accordance with the requirements of the Colorado Marijuana Code.
J. Gun Sales and Pawn Shop Activities Prohibited. No gun sales or pawn shop activities shall be permitted on the licensed premises.
K. Storage of Currency. All currency over $1,000.00 shall be stored within a separate vault or safe (no marijuana in safe), securely fastened to a wall or floor, as approved by the Marshal’s Office.
L. Prevention of Emissions, Odor Control. Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting the licensed premises shall be provided at all times. In the event that any debris, dust, fluids or other substances shall exit the licensed premises, the landowner and licensee shall be jointly and severally responsible for the full cleanup immediately. The medical marijuana business shall properly dispose of all materials and other substances in a safe and sanitary manner. The odor of marijuana must not be perceptible at the exterior of the building containing the licensed premises or at any adjoining use of the property. Medical marijuana cultivation facilities must implement appropriate ventilating and filtration systems to satisfy this odor nuisance standard. Medical marijuana centers and medical marijuana product manufacturing facilities are not required to install filtration equipment on the licensed premises but must satisfy these odor threshold requirements. While the Town does not mandate any particular equipment specifications with regard to filtration, all medical marijuana centers are strongly encouraged to adopt best management practices with regard to implementing state of the art technologies in mitigating marijuana odor, such as air scrubbers and charcoal filtration systems.
M. Compliance with Other Codes. The licensed premises and adjacent grounds of a medical marijuana business shall comply with all zoning, health, building, electrical, mechanical, fire, and other codes and ordinances of the Town as shown by completed inspections and approvals by the Town and Fire Department.
N. No Harm to Public Health, Safety and Welfare. The licensed premises and adjacent grounds of a medical marijuana business shall be operated in a manner that does not cause any substantial harm to the public health, safety and welfare.
O. Proof of Age. Prior to initiating a sale, the employee of a medical marijuana center making the sale shall verify that the purchaser has a valid photo identification card showing the purchaser is eighteen (18) years of age or older. If a person under eighteen (18) years of age presents a fraudulent proof of age, any action relying on the fraudulent proof of age shall not be grounds for the revocation or suspension of any license issued under this Chapter. If a medical marijuana center licensee or employee has reasonable cause to believe that a person is under eighteen (18) years of age and is exhibiting fraudulent proof of age in an attempt to obtain any medical marijuana or marijuana infused products, the licensee or employees are authorized to confiscate such fraudulent proof of age, if possible, and shall, within seventy-two (72) hours after the confiscation, remit the same to a State or local law enforcement agency. The failure to confiscate such fraudulent proof of age or to remit the same to a State or local law enforcement agency within seventy-two (72) hours after the confiscation does not constitute a criminal offense. If a medical marijuana center licensee or employee believes that a person is under eighteen (18) years of age and is exhibiting fraudulent proof of age in an attempt to obtain any medical marijuana or medical marijuana-infused products, the licensee or employee or any peace officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person in a reasonable manner for the purpose of ascertaining whether a person is guilty of any unlawful act regarding the purchase of retail marijuana. The questioning of a person by the licensee or an employee does not render the licensee, the employee, or the peace officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.
P. Amount of Marijuana on Premises. The medical marijuana establishment shall not maintain any quantity of marijuana within the licensed premises in excess of the amount stated on the license application to the Town.
Q. License and Badges. It shall be unlawful for any medical marijuana establishment to employ any person who is not at least twenty-one (21) years of age. All business managers and employees of any licensee shall possess a valid occupational license and identification badge issued by the State of Colorado.
R. Labeling of Products. All marijuana sold or otherwise distributed by the licensee shall be packaged and labeled in a manner that advises the purchaser that it contains marijuana, specifies the amount of marijuana in the product, and that the marijuana is intended for use solely by a person lawfully entitled to possess medical marijuana. The label shall be in compliance with all applicable requirements of the State of Colorado.
S. Weapons Prohibited. No firearms, knives, or other weapons shall be permitted in a medical marijuana center except those carried by sworn peace officers, those persons having concealed weapons permits, and those carried by security personnel hired by the medical marijuana establishment.
T. Town Clerk to Maintain Records. The Dinosaur Town Marshal or other appropriate Town employee shall report to the Town Clerk all violations of this Chapter and other applicable State and local laws and the Town Clerk shall maintain a record of each license issued and record the reports of the violations in such records.
(Ord. 2, §18, 2017)
5.25.190 Specific Requirements for a Medical Marijuana Center (Store).
A. Every person selling medical marijuana shall sell only medical marijuana grown in a licensed medical marijuana cultivation facility licensed pursuant to law. In addition to medical marijuana, a medical marijuana center (store) may sell no more than six (6) immature plants to a patient; except that a medical marijuana center (store) may sell more than six (6) immature plants, but may not exceed half (1/2) the recommended plant count, to a patient who has been recommended an expanded plant count by his or her recommending physician. A medical marijuana center (store) may sell immature plants to a primary caregiver, another medical marijuana center, or medical marijuana-infused product manufacturer pursuant to rules promulgated by the State Licensing Authority. Notwithstanding these requirements, a medical marijuana center (store) licensee may purchase not more than thirty percent (30%) of its total on-hand inventory of medical marijuana from another licensed medical marijuana center in Colorado.
B. Small samples of medical marijuana products offered for sale may be displayed on shelves, counters and display cases in areas restricted to patients and primary caregivers. All bulk marijuana products shall be locked within a separate vault or safe (no other items in this safe), securely fastened to a wall or floor, or in a safe room as approved by the Marshal’s Office.
C. A medical marijuana center may sell “drug paraphernalia” as that term is defined in Section 18-18-426, C.R.S. to patients only and shall be exempt from the prohibitions contained that Statute.
(Ord. 2, §19, 2017)
5.25.200 Specific Requirements for Medical Marijuana Cultivation Operation License.
A. Cultivation of medical marijuana shall only be permitted inside a building.
B. The area of the proposed licensed premises utilized for cultivation shall be sufficiently separated from the area of the premises open to the public or to patients, and primary caregivers, or a negative air pressure system shall be installed, to prevent pesticides, fertilizers, and other chemicals, artificial and natural, from moving into the ambient air in the area open to the public, Patients, and primary caregivers or any adjacent building or premises, and such separation or negative air pressure system shall be approved by the Fire Department and the Building Official.
C. If carbon dioxide will be used in the cultivation area in the proposed licensed premises, sufficient physical barriers or a negative air pressure system shall be in place to prevent carbon dioxide from moving into the ambient air in any area open to the public or to patients or in any adjacent building or premises in a concentration that would be harmful to any person, including persons with respiratory disease, and shall be inspected and approved by the Fire Department and Building Official.
D. Walls, barriers, locks, signage and other means shall be employed to prevent the public or patients and primary caregivers from entering the area of the licensed premises utilized for cultivation of marijuana.
E. Disposal of unwanted marijuana by-products shall be done in accordance with procedures approved by the Marshal’s Office.
(Ord. 2, §20, 2017)
5.25.210 Specific Requirements for a Medical Marijuana Products Manufacturer’s License.
A. The applicant shall have a contract with a medical marijuana center (store), stating the type and quantity of medical marijuana-infused products that the medical marijuana center will buy from the licensee.
B. A medical marijuana products manufacturer may cultivate its own medical marijuana if it obtains a medical marijuana cultivation facility license, or it may purchase medical marijuana from a licensed medical marijuana center (store) pursuant to Section 5.25.190 above. A medical marijuana products manufacturer shall track all of its medical marijuana from the point it is either transferred from its medical marijuana cultivation facility or the point when it is delivered to the medical marijuana products manufacturer from a licensed medical marijuana center (store) or a licensed medical marijuana cultivation facility to the point of transfer to a licensed medical marijuana center (store).
C. Medical marijuana-infused products shall be prepared on a licensed premises that is used exclusively for the manufacture and preparation of medical marijuana-infused products and using equipment that is used exclusively for the manufacture and preparation of medical marijuana-infused products.
D. A medical marijuana-infused products licensee shall have a written agreement or contract with a medical marijuana center or store licensee, which contract shall at a minimum set forth the total amount of medical marijuana obtained from medical marijuana center (store) licensee to be used in the manufacturing process, and the total amount of medical marijuana products to be manufactured from the medical marijuana obtained from the medical marijuana center. A medical marijuana products licensee shall not use medical marijuana from more than five (5) different medical marijuana centers or stores in the production of one (1) medical marijuana product. The medical marijuana products manufacturing licensee may sell its products to any licensed medical marijuana center.
E. All licensed premises on which medical marijuana products are manufactured shall meet the sanitary standards for medical marijuana products preparation promulgated under State law.
F. The medical marijuana product shall be sealed and conspicuously labeled in compliance with State law and any rules promulgated thereunder.
G. Medical marijuana products may not be consumed on a premises licensed pursuant to this Chapter.
H. A medical marijuana products licensee may not have more than five hundred (500) medical marijuana plants on its premises or at its cultivation facility, except as otherwise permitted under State law.
(Ord. 2, §21, 2017)
5.25.220 Renewal of Medical Marijuana Business License.
A. A licensee may renew its medical marijuana business license by submitting an application to the Town Clerk at least forty-five (45) days before and not more than ninety (90) days before the expiration of the license. If a Licensee fails to file an application for renewal of its license at least forty-five (45) days before expiration of the license, the license shall expire.
B. A licensee may renew a license that has expired if:
1. The license has expired for less than ninety (90) days; and
2. The licensee pays the regular renewal fee and an additional five hundred dollars ($500.00) late renewal fee.
C. In the event an application for renewal has been filed at least forty-five (45) days before the expiration of the previous license, but the Local Licensing Authority does not rule on the application for renewal before the expiration of the previous license, the previous license shall be deemed extended until the Local Licensing Authority issues a decision on the application for renewal, but in no event may the license be extended for more than ninety (90) days.
D. The Local Licensing Authority may renew a license without a public hearing. However, if the Local Licensing Authority believes there may be good cause to deny the application for renewal, the Local Licensing Authority shall hold a public hearing on the application. The licensee shall have an opportunity to be heard at the hearing and shall be given at least fifteen (15) days advance written notice of the date and time of the public hearing on the application for renewal.
(Ord. 2, §22, 2017)
5.25.230 Major Changes to Medical Marijuana Business License or Licensed Premises Requiring Approval of the Local Licensing Authority.
A. A Licensee shall not make any of the following changes without first obtaining written approval of the Local Licensing Authority:
1. Any transfer of the license or any ownership interest in the licensee’s business entity or license;
2. Any change in the location of the licensed premises;
3. Any change in the licensee’s principals or employees;
4. The hiring, substitution, resignation, replacement or termination of the business manager(s);
5. Any change in the ownership of any of the stock of licensee’s corporation;
6. Any change in the structure, ventilation system, plumbing system, electrical supply system, floor plan, safe or vault, locks, surveillance system, or security system at the license premises;
7. Any material change to the adjacent grounds, including but not limited to, lighting, parking, or fences; and
8. Any material change in the operation from the operational plan submitted at the time the license was approved.
B. The Local Licensing Authority may summarily approve any of the above changes or hold a public meeting on the same, in the Local Licensing Authority’s discretion. Notice of the meeting shall also be provided to the applicant at least ten (10) days prior to the public meeting.
C. A licensee shall report each major change described in this Section to the Local Licensing Authority at least thirty (30) days prior to the change to allow sufficient time for the Local Licensing Authority to review the proposed change.
D. The transfer of a license to a new owner shall comply with the requirements of Section 44-10-312, C.R.S. The transferring of a license or ownership interest in a license takes the transfer of such license or interest subject to the conditions, history, record, and sanctions imposed on that license under the previous ownership of the license.
E. A new owner shall be required to pay the transfer of ownership fee described in Section 5.25.130 of this Chapter.
(Ord. 2, §23, 2017)
5.25.240 Reports of Minor Changes.
Every licensee shall report the following to the Local Licensing Authority in the writing within ten (10) days of such event:
A. Any change in a person’s financial interest in licensee’s business, the licensed premises, or adjacent grounds;
B. Any charges filed against or any conviction of any principal, business manager, or employees for any felony, misdemeanor, or serious traffic offense including but not limited to any deferred judgment and sentence ordered or supervised by a court of law; and
C. Any change to any sign on the licensed premises or adjacent grounds.
(Ord. 2, §24, 2017)
5.25.250 Books and Records.
A. Every licensee shall maintain on the licensed premises at any time that any person is present on the licensed premises accurate and up to date books and records of the business operations of the licensee or an authentic copy of the same, including but not limited to the following:
1. All books and records required to be maintained by the Colorado Marijuana Code and the regulations promulgated thereunder;
2. Lists, manifests, orders, invoices, and receipts for all marijuana, marijuana plants, and medical marijuana-infused products cultivated, harvested, processed, delivered, purchased, stored, sold, and exchanged during the preceding two (2) years by each transaction or event, including the date, source, strain, type, quantity, weight, and purchaser;
3. An inventory of all marijuana and medical marijuana-infused products presently on the licensed premises;
4. Sales and occupation taxes collected and paid;
5. The name, address, and a copy of each purchaser’s medical marijuana registry card for every patient who has registered the medical marijuana center as his or her primary center or who has purchased medical marijuana, marijuana plants or medical marijuana-infused products at the licensed premises;
6. The written recommendation of any physician who has recommended that a patient registered with the medical marijuana center needs more than two (2) ounces of medical marijuana and six (6) marijuana plants to address the patient’s debilitating medical condition;
7. The name, address and a copy of the medical marijuana license of any other medical marijuana facility licensee with whom the licensee has transacted any business, including but not limited, to any purchase, sale, or exchange of marijuana plants, harvested marijuana or medical marijuana-infused products; and
8. Copies of the medical marijuana registry card of a homebound patient and the waiver from the State of Colorado authorizing a primary caregiver to purchase medical marijuana for the homebound medical marijuana patient and transport the same to the homebound patient.
B. The licensee shall separate or redact any information showing a patient’s debilitating medical condition from the above records.
(Ord. 2, §25, 2017)
5.25.260 Right of Entry; Audit of Records.
A. The Town may require an audit of the books of account and records of the medical marijuana establishment as it may deem necessary. Such audit shall be made by an auditor selected by the Town, who shall have access to all books and records of such licensee. The expense of any audit determined to be necessary by the Town shall be paid by the Town; provided, however, should the audit reflect a failure of the licensee, in whole or in part, to timely remit all sales taxes or occupation taxes due to the Town, the expense of the audit shall be paid by the licensee.
B. The acceptance of a medical marijuana establishment license from the Town constitutes consent by the licensee, owners, business managers and employees of such business to permit the Mayor, Town Marshal, or their representatives to conduct routine inspections of the licensed medical marijuana establishment to assure that the medical marijuana establishment and the premises are being operated and maintained in accordance with the terms set forth in the application and that all operations in the premises remain in compliance with this Chapter, the Colorado Marijuana Code, and any rules or regulations promulgated thereunder.
C. All medical marijuana establishments shall be required to obtain applicable State and Town licenses and shall collect and remit all applicable State, County and Town sales taxes or occupation taxes in a timely manner. The medical marijuana business license, sales tax license, and occupation tax license for the business shall be conspicuously posted in the business.
(Ord. 2, §26, 2017)
5.25.270 Suspension and Revocation of License.
A. In accordance with Section 44-10-901, C.R.S., as contained in the Colorado Marijuana Code, and the rules and regulations promulgated thereunder, the Local Licensing Authority shall have the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the Licensee shall be afforded an opportunity to be heard, to suspend or revoke a medical marijuana business license issued by the Local Licensing Authority. The Local Licensing Authority shall have the power to administer oaths, and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of the hearing. Subpoenas shall be enforced by the Dinosaur Municipal Court. The procedure for imposing such disciplinary actions shall be in accordance with Section 44-10-901, C.R.S.
B. The Local Licensing Authority may suspend or revoke a medical marijuana business license for a violation by the Licensee or by any of the agents or employees of the Licensee of the following:
1. Any of the provisions of the Colorado Marijuana Code or the rules and regulations promulgated thereunder;
2. Good cause as defined in subsection (1) of Section 44-10-103(17), C.R.S., as contained in the Colorado Marijuana Code;
3. Violation of any of the provisions set forth in this Chapter;
4. The Licensee has failed to pay the annual medical marijuana license and application fees, annual business license fee or occupation and sales taxes due and owing;
5. The Licensee has made any false statement in the application for a license or renewal thereof as to any of the facts required to be stated in such application;
6. The Licensee has failed either to file the required reports or to furnish such information, and records as required by this Chapter;
7. Violation of any condition imposed by the Local Licensing Authority on the issuance of the license;
8. Any facts or condition exist which, if it had existed or had been known to exist, at the time of the application for such license or renewal thereof, would have warranted the Local Licensing Authority in refusing originally to issue such license or renewal thereof;
9. The licensee has failed to maintain the licensed premises in compliance with the requirements of Town ordinances or any building, electrical or mechanical code provision applicable to the licensed premises; or
10. The licensee, or any of the agents or employees of the licensee, have violated any Ordinance of the Town or any State law on the licensed premises or have permitted such a violation on the licensed premises by any other person.
C. Except in the case of an emergency suspension, a suspension of a license shall not be for a period longer than six (6) months. Payment of fines in lieu of suspension, as authorized by the Colorado Marijuana Code, shall not be permitted for suspensions ordered by the Local Licensing Authority.
D. Any final decision of the Local Licensing Authority suspending or revoking a medical marijuana business license, following a hearing as permitted in this Section, may be appealed to the Moffat County District Court within thirty (30) days following the date of such decision pursuant to the provisions of Rule 106(a)(4), Colorado Rules of Civil Procedure.
(Ord. 2, §27, 2017)
5.25.280 Compliance with Other Applicable Laws.
Except as may be otherwise provided in this Chapter, or rules or interpretations adopted by the Town, any law or regulation adopted by the State of Colorado governing the cultivation, production, possession, or distribution of medical marijuana shall also apply to medical marijuana establishments licensed within the Town. Provided, however, if a State law or regulation permits what this Chapter prohibits, this Chapter shall control.
(Ord. 2, §30, 2017)
5.25.290 Violations; Penalty.
Any person who violates any provision of this Chapter shall be deemed guilty of a municipal offense and may be punished by a fine not to exceed three hundred dollars ($300.00), imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment.
(Ord. 2, §31, 2017)
- 6.01 Municipal Court Created
-
6.01.020 Municipal Court Established
6.01.020 Qualified Court of Record.
6.01.010 Municipal Court Established.
In order to provide a simple and expeditious method for the prosecution of alleged violations of Town ordinances, but one which guarantees to defendants a method of exercising their constitutional rights, the Town Council of the Town of Dinosaur, Colorado hereby establishes a Municipal Court for the Town of Dinosaur, Colorado.
6.01.020 Qualified Court of Record.
Whenever a Judge of the Dinosaur Municipal Court has been admitted to, and is currently licensed in the practice of law in the State, the Municipal Court shall keep a verbatim record of the proceedings and evidence at trial by either electronic devices or stenographic means, and the Court thus shall be a qualified Municipal Court of Record pursuant to the provisions of State law.
- 6.02 Jurisidiction - Powers - Procedures
-
6.02.010 Jurisdiction.
6.02.020 Sessions.
6.02.030 Practice and Procedure.
6.02.040 Witness Immunity.
6.02.010 Jurisdiction.
The Municipal Court shall have original jurisdiction in all cases arising under the ordinances of the Town, with full power to punish violators thereof by the imposition of such fines and penalties as are prescribed by ordinance or Court rule, and permitted pursuant to Colorado law.
6.02.020 Sessions.
There shall be regular sessions of the Dinosaur Municipal Court for the trial of cases. The Municipal Judge may hold a special session of Court at any time. All sessions of Court shall be open to the public, unless otherwise provided by law or Court rule.
6.02.030 Practice and Procedure.
The practice and procedure in the Dinosaur Municipal Court shall be in accordance with the Colorado Municipal Court Rules of Procedure, as promulgated by the Colorado Supreme Court, and applicable statutes of the State of Colorado. The presiding Municipal Judge of the Court shall have authority to issue local rules of procedure consistent with the rules promulgated by the Supreme Court and Colorado law.
6.02.040 Witness Immunity.
A. Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding before the Municipal Court, and the Judge presiding over the preceding communicates to the witness an order as specified in subsection (B) of this Section, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; except that no testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used against the witness in any Municipal Court case, except for prosecution for perjury, for false statement or otherwise failing to comply with the order.
B. In the case of any individual who has been or may be called to testify or provide other information in any proceeding before the Municipal Court, the Municipal Court may issue, upon request of the Prosecuting Attorney, an order requiring such individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effective as provided in subsection (A) above.
C. The Prosecuting Attorney may request an order as specified in subsection (B) above when, in his judgment, the testimony or other information from any individual may be necessary to the public interest and such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination.
- 6.03 - Municipal Judges
-
6.03.010 Appointment; Term; Qualifications.
6.03.020 Removal from Office.
6.03.030 Compensation.
6.03.040 Oath.
6.03.050 Powers.
6.03.010 Appointment; Term; Qualifications.
The Town Council shall appoint the Municipal Judge, within thirty (30) days after compliance with Section 31-4-401, C.R.S., following each regular municipal election. No appointment of such Judge shall continue beyond thirty (30) days after compliance with Section 31-4-401, C.R.S., by the members of the succeeding Town Council. The person appointed need not be a resident of the Town of Dinosaur, Colorado, and, subject to State law, may hold other judicial offices and may practice law. The Municipal Judge may be reappointed for subsequent terms. Any vacancy in the Office of Municipal Judge shall be filled by appointment of the Town Council for the remainder of the unexpired term. The Town Council may appoint such additional associate municipal judges or assistant judges as may be necessary to act in case of temporary absence, sickness, disqualification, or other inability of the presiding Municipal Judge to act.
6.03.020 Removal from Office.
The Municipal Judge or any assistant or associate municipal judge may be removed during his term of office only for cause following a hearing, and only after the Judge has been given written notification of the charges against him, and a reasonable opportunity to prepare for a hearing before the Town Council. The Judge may be removed for cause if:
A. He/she is found guilty of a felony or any other crime involving moral turpitudes;
B. He/she has a disability which interferes with the performance of his/her duties, and which is or is likely to become permanent;
C. He/she has willfully or persistently failed to perform the duties of his/her office; or
D. He/she has a substance use disorder that is not in remission.
6.03.030 Compensation.
The Town Council shall provide by ordinance for the salary of the presiding Municipal Judge. Such salary shall be a fixed annual compensation and payable on a monthly or other periodic basis. Payment of any fees or other compensation, based directly on the number of individual cases handled or heard by the presiding Municipal Judge is prohibited. An associate or assistant municipal judge may be compensated based upon the number of Court sessions served by such judge. If an assistant or associate municipal judge acts in the absence of the Municipal Judge, his salary may be adjusted so as to compensate the assistant or associate municipal judge.
6.03.040 Oath.
Before entering upon the duties of his/her office, the presiding Municipal Judge, or any associate or assistant judge, shall take an oath or affirmation that he/she will support the Constitution of the United States and the Constitution of the State of Colorado and the laws of the Town of Dinosaur, and that he will faithfully perform the duties of his office.
6.03.050 Powers.
The presiding Municipal Judge and any assistant or associate municipal judge shall have all judicial powers relating to the operation of the Municipal Court, subject to any rules of procedure governing the operation or conduct of municipal courts promulgated by the Colorado Supreme Court and Colorado statutes. In sentencing or fining a violator, a Judge shall not exceed the sentence or fine limitations established by an applicable ordinance. Except as may otherwise be provided by law, a Judge may defer the prosecution or a judgment and sentence of any violator, or suspend the sentence or fine of any violator, and place such violator on probation for a period not to exceed one (1) year. A Judge may impose as conditions of such probation any of the conditions set forth in Section 16-11-204, C.R.S., except for subsection (2)(a)(V). In addition, a Municipal Judge shall require restitution as a condition of any probation, as set forth in Section 16-11-204.5, C.R.S.
A Judge shall assess the costs, the fees and costs set forth in Section 6.09.010 of this Title.
A Municipal Judge has the power to enforce subpoenas issued by any board, commission, hearing officer, or officer or body of the Town authorized by law to issue subpoenas.
- 6.04 - Clerk of the Municipal Court
-
6.04.010 Position Established.
6.04.020 Appointment.
6.04.030 Duties.
6.04.040 Compensation.
6.04.050 Bond.
6.04.010 Position Established.
There is hereby established the position of Clerk of the Municipal Court. Provided however, the Municipal Judge may serve as ex-officio Clerk if the business of the Court is insufficient to warrant a separate full-time or part-time Clerk.
6.04.020 Appointment.
The Clerk of the Municipal Court shall be appointed by the presiding Municipal Judge. In addition, the Municipal Judge shall exercise supervisory powers concerning the job performance of the Clerk, and shall have the power to discipline or terminate the Clerk in accordance with the Town of Dinosaur’s personnel policies and procedures.
6.04.030 Duties.
The Clerk of the Municipal Court shall have such duties as are delegated to him/her by ordinance, Court rule, or by the presiding Municipal Judge. The Clerk shall file monthly reports with the Town Clerk of all fines and costs collected or received by the Municipal Court, and on the last day of each month shall pay to the Town Treasurer said fines and costs which shall be deposited in the general fund of the Town.
6.04.040 Compensation.
The Town Council shall provide by ordinance or resolution for the salary of the Clerk of Municipal Court, except that if the Municipal Judge serves as ex-officio Clerk, he/she shall not receive any additional compensation.
6.04.050 Bond.
The Clerk of the Municipal Court shall give a performance bond in the sum of not less than two thousand dollars ($2,000.00) to the Town. The performance bond shall be approved by the Town Council and be conditioned upon the faithful performance of his/her duties, and for the faithful accounting for, and payment of, all funds deposited with or received by the Court. When the presiding Municipal Judge serves as ex-officio Clerk of the Municipal Court, he shall execute the performance bond required by this Section.
- 6.05 - Court Facilities and Supplies-Appropriations
-
6.05.010 Court Facilities and Supplies.
6.05.020 Appropriations.
6.05.010 Court Facilities and Supplies.
The Town Council shall furnish the Municipal Court with suitable courtroom facilities and sufficient funds for the acquisition of all necessary books, supplies, and furniture for the proper conduct of the business of the Court. In order to carry out the provisions of this Section, the Town Council may locate Court facilities outside of the Town of Dinosaur, or outside Moffat County, if such facilities are in reasonable proximity to the municipality and the Town Council determines that suitable facilities cannot be provided within the Town.
6.05.020 Appropriations.
The Town Council shall, on an annual basis, budget and appropriate funds to pay the annual salary of the presiding Municipal Court Judge and any assistant or associate judges, the salary of the Municipal Court Clerk, together with the other expenses as may be necessary for the proper operation of the Municipal Court.
- 6.06 - Penalty Assessments
-
6.06.010 Procedure.
6.06.020 Schedule for Criminal Offenses.
6.06.010 Procedure.
In order to provide for the expeditious handling of certain minor criminal offenses and non-criminal municipal offenses, the Dinosaur Municipal Court is authorized to accept penalty assessment fines and penalties in accordance with the provisions of this Section. This Section shall not be construed as limiting or otherwise modifying the Model Traffic Code, adopted by reference by the Town of Dinosaur.
A. At the time that any person is arrested or charged for the commission of a municipal offense for which a penalty assessment has been authorized pursuant to Section 6.06.020 of this Chapter, the arresting officer may offer to give a Penalty Assessment Notice to the defendant. If any person is charged with a non-criminal municipal offense, the citing officer shall issue a Penalty Assessment Notice to the defendant, unless otherwise provided by law. This Notice shall be made by notation upon the Summons and Complaint issued in conformance with law.
B. If a person charged with a municipal offense does not possess a valid Colorado driver's license, such person, in order to secure release, as provided in this Section, must give his written acknowledgment of guilt or give his written promise to appear in Court by signing the Penalty Assessment Notice prepared by the charging officer. Should the person to whom the Penalty Assessment Notice is tendered accept the Notice by acknowledging his guilt in writing, said acceptance shall constitute a promise on such person's part to pay the fine or penalty specified in the schedule issued pursuant to Section 6.06.020 of this Chapter, for the violation involved at the office of the Clerk of the Municipal Court, Dinosaur, Colorado, either in person or by mail within twenty (20) days of the date of issuance. Any person who accepts a Penalty Assessment Notice for a municipal offense, which constitutes a criminal violation, by acknowledgment of guilt, but who does not furnish satisfactory evidence of identity, or who the officer has reasonable and probable grounds to believe will disregard a written promise to pay the specified fine, may be taken by the officer to the nearest post office facility, and required to remit the amount of the specified fine to the Town of Dinosaur immediately by mail in United States currency or legal tender, or by money order, or personal check. Refusal or inability to remit the specified fine by mail when required shall constitute a refusal to accept a Penalty Assessment Notice, by acknowledgment of guilt.
Should a person cited for a municipal offense violation refuse to give his written acknowledgment of guilt or give his written promise to appear in Court by signing the Penalty Assessment Notice, the officer shall proceed to issue a Summons and Complaint in accordance with Colorado law. Should such person accept the notice, by acknowledgment of guilt, but fail to pay the prescribed fine within twenty (20) days thereafter, the notice shall be construed to be a Summons and Complaint, and the prosecution for said violation shall thereafter be heard in the Municipal Court, in which event such person shall be privileged to answer the charge made against him in the same manner as if he had not been tendered a Penalty Assessment Notice. In such event, the maximum penalty which may be imposed may exceed the penalty assessment amount.
C. If the person cited for a municipal offense does possess a valid Colorado driver's license, the person shall not be required to give his written acknowledgment of guilt or written promise to appear on the Penalty Assessment Notice. For the purposes of this Section, tender by an arresting officer of the Penalty Assessment Notice to such a person shall constitute notice to the alleged violator to appear in Court at the time specified on such Notice or to pay the required fine. Should such person fail to pay the prescribed penalty within twenty (20) days thereafter, the Notice shall be construed to be a Summons and Complaint, and the prosecution for said violation shall thereafter be heard in the Municipal Court, in which event such person shall be privileged to answer the charge made against him in the same manner as if he had not been tendered a Penalty Assessment Notice. In such event, the maximum penalty which may be imposed may exceed the penalty assessment amount.
D. Payment of the prescribed penalty assessment within twenty (20) days shall be deemed a complete satisfaction for the violation. Checks tendered by the violator to, and accepted by the Municipal Court, and upon which payment is received by the Municipal Court, shall be deemed sufficient receipt.
E. Penalty Assessment Notices issued for non-criminal violations shall also be in accordance with Section 6.07.020 of this Title.
F. Nothing contained herein shall be construed as requiring a law enforcement officer to issue a Penalty Assessment Notice for a municipal offense which constitutes a criminal violation. Penalty Assessment Notices for criminal violations shall not be issued in the event of an offense involving property damage, injury to any person, or in the event the complaint is made by a private party. Penalty Assessment Notices shall be issued in all cases involving non-criminal municipal offenses, unless otherwise provided by law.
6.06.020 Schedule for Criminal Offenses.
A penalty assessment schedule for criminal offenses may be established by the Town Council. In the event the Town Council has not established such a schedule, the Court, by order of the Court, may promulgate such a schedule.
- 6.07 - Non-Criminal Municipal Offense
-
6.07.010 Penalties.
6.07.020 Procedure.
6.07.010 Penalties.
Any person who violates any of the provisions contained in the Model Traffic Code shall be deemed to have committed a non-criminal traffic offense. Every person who is convicted of, who admits liability for, or against whom a judgment is entered, for a non-criminal traffic offense shall be punished by a fine of up to one hundred fifty dollars ($150.00) except any of the following violations which shall constitute a criminal municipal offense punishable by a fine of up to three hundred dollars ($300.00), imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. The presiding Judge of the Municipal Court shall promulgate a schedule of penalties for all non-criminal traffic offenses contained in the Model Traffic Code. Said schedule shall be prominently posted in the office of the Municipal Court:
A. MTC 1101 (1)
Speeding - the alleged violator is accused of exceeding the prima facia speed limit by more than 24 mph;
B. MTC 1101 (3)
Special Hazards (if the alleged violation has caused, or contributed to the cause of, an accident resulting in appreciable damage to property of another or an injury or the death to any person);
C. MTC 1105
Speed Contest;
D. MTC 1401
Reckless Driving;
E. MTC 1402
Careless Driving (if the violation has caused, or contributed to the cause of, an accident resulting in appreciable damage to property of another or an injury or death to any person);
F. MTC 1413
Eluding or Attempting to Elude a Police Officer;
G. MTC 1903
Stopping for School Buses; and
H.
Any other offense contained in the Model Traffic Code resulting in an accident causing personal injury or substantial property damage.
6.07.020 Procedure-Non-Criminal Traffic Offenses.
A. Notwithstanding the provisions of Rule 223(a) and (b) of the Colorado Municipal Court Rules of Procedure, or any other provision of law, the right of a jury trial shall not be available at a hearing where the cited person is charged with a non-criminal traffic offense. In addition, no person charged with a non-criminal traffic offense shall be afforded the right of Court-appointed counsel.
B. The Colorado Municipal Court Rules of Procedure shall apply to any hearing where the cited person is charged with a non-criminal traffic offense, unless any of the rules are clearly inapplicable. The burden of proof shall be upon the People beyond a reasonable doubt.
C. An appeal from final judgment on a non-criminal traffic offense shall be made in accordance with Rule 237 of the Colorado Municipal Court Rules of Procedure and Article 10, Title 13, C.R.S.
D. Except as otherwise provided in this subsection, no person against whom a judgment has been entered for a non-criminal traffic offense shall collaterally attack the validity of that judgment unless such attack is commenced within three (3) months after the date of entry of the judgment. The only exceptions to the time limitations shall be:
1. A case in which the Court entering judgment did not have jurisdiction over the subject matter of the alleged infraction.
2. A case in which the Court entering judgment did not have jurisdiction of the person of the violator.
3. Where the Court finds by a preponderance of the evidence that the failure to seek relief within the applicable time period was caused by an adjudication of incompetence or by commitment of the violator to an institution for treatment as a mentally ill person; or
4. Where the Court finds that the failure to seek relief within the applicable time period was the result of circumstances amounting to justifiable excuse or excusable neglect.
E. At any time that a person is cited for the commission of any non-criminal traffic offense, the citing officer shall give a notice to the person in charge of or operating the motor vehicle involved, which notice shall be in the form of a Penalty Assessment Notice.
F. The Penalty Assessment Notice tendered by the citing officer shall contain the name and address of such person, the license number of the vehicle involved, if any, the number of such person’s driver’s license, the nature of the offense, the amount of the penalty prescribed for such offense, the date of the Notice, the time and place and when and where such person shall appear in Court in the event such penalty is not paid, and a place for such person to execute a signed acknowledgment of liability and an agreement to pay the penalty prescribed within twenty (20) days as well as such other information as may be required by law to constitute such Notice as a Summons and Complaint to appear in Court, should the prescribed penalty not be paid within the time period.
G. One copy of the Notice shall be given to the violator by the citing officer.
H. The time specified in the Notice to appear shall be at least twenty-one (21) days, but not more than forty-five (45) days after the date of such citation, unless the person cited shall demand an earlier hearing.
I. Whenever the alleged violator refuses to sign or accept the Penalty Assessment Notice, tender of such Notice by the citing officer to the alleged violator shall constitute service of a Summons and Complaint.
J. In the event a person who has been cited for a non-criminal traffic offense fails to pay the penalty assessment within the time period specified in the Penalty Assessment Notice, he/she shall make an appearance and answer the Complaint against him/her. If the alleged violator answers that he/she is liable, judgment shall be entered against him/her, and he/she shall be assessed the appropriate penalty on the Complaint and if he/she denies liability, a trial shall be held within the time period prescribed in Rule 248 of the Colorado Municipal Court Rules of Procedure. If the alleged violator fails to appear for a final hearing, a default judgment shall be entered against him/her, and he/she shall be assessed the appropriate penalty and applicable Court costs.
K. In the event a person who has been cited for a non-criminal traffic offense fails to pay the penalty assessment within the time period specified in the Penalty Assessment Notice and fails to appear at the time and place specified in the Notice a default judgment shall be entered against him/her, and he/she shall be assessed the appropriate penalty and Court costs. The Clerk of the Municipal Court may proceed to collect this judgment as provided by law, and shall certify the same to the Department of Revenue as provided in Section 42-4-1709(7), C.R.S.
L. If the alleged violator is cited for a non-criminal traffic offense, he/she shall be privileged to answer the Complaint made against him in the manner provided in the Colorado Municipal Court Rules of Procedure. The maximum penalty which may be imposed shall not exceed the penalty set forth in the Penalty Assessment Notice.
M. If a person receives a Penalty Assessment Notice for a violation under Chapter 11.04 and such person pays the fine and surcharge for the violation on or before the date the payment is due, the points assessed for the violation are reduced as follows, in the manner and to the extent permitted by. Sections 42-2-127(5.5) and (5.6), C.R.S.
1. For a violation having an assessment of three (3) or more points, the points are reduced by two (2) points.
2. For a violation having an assessment of two (2) points, the points are reduced by one (1) point.
- 6.09 - Court Fees and Costs
-
6.07.010 Penalties.
6.07.020 Procedure.
6.07.010 Penalties. Any person who violates any of the provisions contained in the Model Traffic Code shall be deemed to have committed a non-criminal traffic offense. Every person who is convicted of, who admits liability for, or against whom a judgment is entered, for a non-criminal traffic offense shall be punished by a fine of up to one hundred fifty dollars ($150.00) except any of the following violations which shall constitute a criminal municipal offense punishable by a fine of up to three hundred dollars ($300.00), imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. The presiding Judge of the Municipal Court shall promulgate a schedule of penalties for all non-criminal traffic offenses contained in the Model Traffic Code. Said schedule shall be prominently posted in the office of the Municipal Court:
A. MTC 1101 (1)
Speeding - the alleged violator is accused of exceeding the prima facia speed limit by more than 24 mph;
B. MTC 1101 (3)
Special Hazards (if the alleged violation has caused, or contributed to the cause of, an accident resulting in appreciable damage to property of another or an injury or the death to any person);
C. MTC 1105
Speed Contest;
D. MTC 1401
Reckless Driving;
E. MTC 1402
Careless Driving (if the violation has caused, or contributed to the cause of, an accident resulting in appreciable damage to property of another or an injury or death to any person);
F. MTC 1413
Eluding or Attempting to Elude a Police Officer;
G. MTC 1903
Stopping for School Buses; and
H.
Any other offense contained in the Model Traffic Code resulting in an accident causing personal injury or substantial property damage.
6.07.020 Procedure-Non-Criminal Traffic Offenses.
A. Notwithstanding the provisions of Rule 223(a) and (b) of the Colorado Municipal Court Rules of Procedure, or any other provision of law, the right of a jury trial shall not be available at a hearing where the cited person is charged with a non-criminal traffic offense. In addition, no person charged with a non-criminal traffic offense shall be afforded the right of Court-appointed counsel.
B. The Colorado Municipal Court Rules of Procedure shall apply to any hearing where the cited person is charged with a non-criminal traffic offense, unless any of the rules are clearly inapplicable. The burden of proof shall be upon the People beyond a reasonable doubt.
C. An appeal from final judgment on a non-criminal traffic offense shall be made in accordance with Rule 237 of the Colorado Municipal Court Rules of Procedure and Article 10, Title 13, C.R.S.
D. Except as otherwise provided in this subsection, no person against whom a judgment has been entered for a non-criminal traffic offense shall collaterally attack the validity of that judgment unless such attack is commenced within three (3) months after the date of entry of the judgment. The only exceptions to the time limitations shall be:
1. A case in which the Court entering judgment did not have jurisdiction over the subject matter of the alleged infraction.
2. A case in which the Court entering judgment did not have jurisdiction of the person of the violator.
3. Where the Court finds by a preponderance of the evidence that the failure to seek relief within the applicable time period was caused by an adjudication of incompetence or by commitment of the violator to an institution for treatment as a mentally ill person; or
4. Where the Court finds that the failure to seek relief within the applicable time period was the result of circumstances amounting to justifiable excuse or excusable neglect.
E. At any time that a person is cited for the commission of any non-criminal traffic offense, the citing officer shall give a notice to the person in charge of or operating the motor vehicle involved, which notice shall be in the form of a Penalty Assessment Notice.
F. The Penalty Assessment Notice tendered by the citing officer shall contain the name and address of such person, the license number of the vehicle involved, if any, the number of such person’s driver’s license, the nature of the offense, the amount of the penalty prescribed for such offense, the date of the Notice, the time and place and when and where such person shall appear in Court in the event such penalty is not paid, and a place for such person to execute a signed acknowledgment of liability and an agreement to pay the penalty prescribed within twenty (20) days as well as such other information as may be required by law to constitute such Notice as a Summons and Complaint to appear in Court, should the prescribed penalty not be paid within the time period.
G. One copy of the Notice shall be given to the violator by the citing officer.
H. The time specified in the Notice to appear shall be at least twenty-one (21) days, but not more than forty-five (45) days after the date of such citation, unless the person cited shall demand an earlier hearing.
I. Whenever the alleged violator refuses to sign or accept the Penalty Assessment Notice, tender of such Notice by the citing officer to the alleged violator shall constitute service of a Summons and Complaint.
J. In the event a person who has been cited for a non-criminal traffic offense fails to pay the penalty assessment within the time period specified in the Penalty Assessment Notice, he/she shall make an appearance and answer the Complaint against him/her. If the alleged violator answers that he/she is liable, judgment shall be entered against him/her, and he/she shall be assessed the appropriate penalty on the Complaint and if he/she denies liability, a trial shall be held within the time period prescribed in Rule 248 of the Colorado Municipal Court Rules of Procedure. If the alleged violator fails to appear for a final hearing, a default judgment shall be entered against him/her, and he/she shall be assessed the appropriate penalty and applicable Court costs.
K. In the event a person who has been cited for a non-criminal traffic offense fails to pay the penalty assessment within the time period specified in the Penalty Assessment Notice and fails to appear at the time and place specified in the Notice a default judgment shall be entered against him/her, and he/she shall be assessed the appropriate penalty and Court costs. The Clerk of the Municipal Court may proceed to collect this judgment as provided by law, and shall certify the same to the Department of Revenue as provided in Section 42-4-1709(7), C.R.S.
L. If the alleged violator is cited for a non-criminal traffic offense, he/she shall be privileged to answer the Complaint made against him in the manner provided in the Colorado Municipal Court Rules of Procedure. The maximum penalty which may be imposed shall not exceed the penalty set forth in the Penalty Assessment Notice.
M. If a person receives a Penalty Assessment Notice for a violation under Chapter 11.04 and such person pays the fine and surcharge for the violation on or before the date the payment is due, the points assessed for the violation are reduced as follows, in the manner and to the extent permitted by. Sections 42-2-127(5.5) and (5.6), C.R.S.
1. For a violation having an assessment of three (3) or more points, the points are reduced by two (2) points.
2. For a violation having an assessment of two (2) points, the points are reduced by one (1) point.
- 7.04 - Nuisances
-
7.04.010 Definitions.
7.04.020 Accumulation of Trash Prohibited-Junk Automobiles Included.
7.04.030 Removal of Weeds-Time Designated.
7.04.040 Removal by Town-Costs Assessment.
7.04.050 Burning of Solid Waste Prohibited.
7.04.060 Violation-Penalty.
7.04.010 Definitions.
The following definitions shall apply in construing this Chapter:
A. “Solid waste” shall mean and include garbage, refuse, sludge of sewage disposal plants, and other discarded solid materials, including solid waste materials resulting from industrial, commercial, and from community activities, but shall not include agricultural waste.
B. “Garbage” shall include and mean kitchen and table refuse, offal swill, and every accumulation of animal, vegetable and other matter that attends the preparation, consumption, decay or dealing in or storage of food or of food materials.
C. “Refuse” shall mean all waste matter, excepting garbage, and shall include ashes, cinders, waste paper, cardboard, cloth material, cans, containers, boxes, bottles, crockery, tree limbs, grass, leaves, weeds, trash, junk, or a combination of any two (2) or more of the foregoing types of material. It shall further include all waste matter resulting from the occupancy of a residence, apartment, hotel, motel, or other place of dwelling, together with all the premises appurtenant thereto, and from the operation of a business, including waste matter resulting from the construction, demolition or repair of a building or other structure.
(Ord. 57, §1, 1982)
7.04.020 Accumulation of Trash Prohibited-Junk Automobiles Included.
A. It is unlawful for the owner of any lot, block, or parcel of land within the Town, or any agent in charge of property to allow or permit brush, trash, or rubbish of any kind to accumulate upon such property or on or along any alleys behind or sidewalk area in front of the same.
B. The phrase “trash or rubbish” shall specifically include any unlicensed, uncovered automobiles or portions of automobiles or automobiles, which are inoperable or valued only as “junk”. Such unlicensed automobiles must either be covered, or inside a privacy fence.
(Ord. 44, 1977; Amended Ord. 104, 2002)
7.04.030 Removal of Weeds-Time Designated.
A. It is unlawful for the owner of any lot, block, or parcel of land within the Town, or any agent in charge of such property to allow or permit weeds to grow or to remain when grown upon such property or on along any alleys, in front of said property, between said property and the traveled roadway to the rear property line or a depth one hundred fifty feet (150’) from the edge of any traveled roadway, whichever is lesser.
B. Undeveloped lots or parcels of land may be exempted from the operation of this Section at the sole discretion of the Town Administrator or the Town Council or his designated agent based upon such factors as location in an undeveloped area and/or proximity to residential, commercial, or other improvements.
C. Any owner of property or any agent in charge of such property may appeal the decision of the Town Administrator or Town Council or his designated agent to the Board of Zoning Adjustments in the same manner as appeals may be taken to said Board from decisions of the building inspector.
D. All weeds, which are of a height of eight inches (8”) or more, shall be cut and removed.
(Ord. 44, 1977; Amended Ord. 104, 2002)
7.04.040 Removal by Town-Costs Assessment.
A. If any person fails to comply with Sections 7.04.020 or 7.04.030, in addition to the penalty provided therefor, a written notice may be served personally or by certified mail upon the owner or agent in charge of the property, requiring the weeds or rubbish to be removed within thirty (30) days after receipt of the notice.
B. If the weeds or rubbish are not removed within the stated time, the Town may remove the same and assess the whole cost thereof upon the property, and the assessment shall be a lien until paid. If any assessment is not paid within thirty (30) days after it is made, the same shall be certified by the Town Clerk to the Treasurer for Moffat County and placed upon the tax list for the current year and thereby collected in the same manner as other taxes are collected, with a ten percent (10%) penalty thereon to defray the costs of collection.
(Ord. 44, 1977; Amended Ord. 104, 2002)
7.04.050 Burning of Solid Waste Prohibited-Exceptions.
Except as provided in this Section, the burning of solid waste, refuse, garbage or any other combustible matter, whether in ash pits or other receptacles, or on the ground or in any other manner whatsoever, by any person, firm, or corporation is hereby declared to be a nuisance and is prohibited. Provided, however, this Section shall not be construed to prohibit the burning of wood or wood products or charcoal in household fireplaces or stoves, or in what are commonly referred to as outdoor barbeque grills and fire pits. In addition, this Section shall not be construed to prohibit the burning of weeds, leaves, grass, tree limbs and other similar plant material, unless such open burning is prohibited by the Fire Protection District because of weather conditions.
Any person desiring to burn plant refuse as permitted herein shall only do so if such burning is attended to in person at all times during the burning, adequate safeguards to prevent the spread of fire are taken, and only if a water hose is available nearby to extinguish the fire.
Any person desiring to burn plant refuse, as permitted herein, shall do so with the understanding that such burning is an inherently dangerous activity and that he/she assumes the risk of any and all injury to persons or property. The Town of Dinosaur, its officers, agents or employees, shall not be responsible or in any way liable for any injury to persons or properties occasioned by the burning of refuse, whether or not such burning was in compliance with this Chapter.
(Ord. 57, §V, 1982; Amended Ord. 77, §1, 1993; Amended Ord. 92, §1, 1998)
7.04.070 Violation-Penalty.
Any person violating any of the provisions of this Chapter shall be fined in the sum of not less than fifty dollars ($50.00) and not more than three hundred dollars ($300.00) and shall be imprisoned for not more than ninety (90) days.
(Ord. 44, 1977; Amended Ord. 104, 2002)
- 7.06 - Refuse
-
7.06.010 Definitions.
7.06.020 Accumulation Prohibited.
7.06.030 Refuse Along Waterways.
7.06.040 Refuse on Public and Private Property.
7.06.050 Disposal of Rubbish and Garbage.
7.06.060 Containers Required.
7.06.070 Refuse Collection Frequency.
7.06.080 Refuse Collection License-Required.
7.06.090 Refuse Collection License-Fees and Expiration Date.
7.06.100 Vehicle and Covers.
7.06.110 Insurance for Refuse Collectors.
7.06.120 Refuse Collection License-Revocation or Renewal.
7.06.130 Violation-Penalty.
7.06.010 Definitions.
The following words and phrases shall have meaning ascribed to them:
A. “Debris” means all other refuse materials not otherwise listed in this Section such as cleaning fluids, acids, caustics, poisons, or any hazardous materials as defined by Colorado Department of Transportation; discarded lath, plaster, boards, and similar building materials; and brush, dirt, grass, paper trash, leaves and similar materials.
B. “Garbage” means all animals and vegetable waste resulting from the handling, preparation, cooking or consumption of food.
C. “Junk” means heavy metal, automobile parts, an automobile no longer in operation, pipe, tanks, sheeting, white goods and materials of like nature.
D. “Refuse” means garbage, rubbish, junk or debris.
E. “Rubbish” means ashes, cans, bottles, earth, wire, glass, broken kitchenware, household appliances, boxes, papers, mattresses, and other materials of like nature.
7.06.020 Accumulation Prohibited.
No owner, household or occupant of any premises, or any other person owning or occupying any premises within the corporate limits of the Town, shall throw, drop, pile, place or otherwise dump or deposit refuse on said premises or allow refuse to accumulate on said premises in an offensive, unsightly, or unsanitary manner, and at all times said premises shall be kept in a neat, clean, orderly and healthy condition.
7.06.030 Refuse Along Waterways.
No person owning, occupying, or in control of any premises along a waterway, or any other person, shall permit to be deposited or shall deposit any refuse into or upon the banks or margin of any waterway for any purpose whatsoever, except that such may be done if written permission is obtained from the Town Administrator or Town Council or his authorized agent; such permission to be granted only if the proposed act will not in any way obstruct, befoul, or make unsightly said waterway. A “waterway” shall include, but not be limited to, any waterway, gulch, draw, channel or ditch either natural or constructed, which carries surface water.
7.06.040 Refuse on Public and Private Property.
No person shall throw, drop, pile, place, or otherwise dump or deposit refuse on any sidewalk, street, alley or gutter, or in any catch basin, pipe, drainage ditch or channel, or in or on any lots, parks, land, buildings or structures, except in containers or places clearly provided and marked for the purpose. No garbage or household or business refuse shall be placed in any street container or other container maintained by the Town, county, or any special district.
7.06.050 Disposal of Rubbish and Garbage.
No person shall fail to dispose in a sanitary manner of garbage and rubbish, as defined in Section 7.06.010, which accumulates or may accumulate upon the premises owned or occupied by him/her. No person shall have, store, deposit, or keep garbage or rubbish where rats, dogs, cats, or other animals may have access thereto, and no garbage or rubbish shall be kept or handled by any person in any manner likely to cause a nuisance or injury to any other person or the public.
7.06.060 Containers Required.
All persons owning or occupying any premises within the corporate limits of the Town shall provide themselves with substantial, suitable containers approved by the Town of a durable material for the purpose of keeping garbage or rubbish. Such containers shall be placed or kept to the rear of buildings, inside garages or otherwise screened from public view except at the time or during the day when such garbage or rubbish is collected. (Ord. 57, §II, 1982; Amended Ord. 104, §8.08.60, 2002)
7.06.070 Refuse Collection Frequency.
All owners, occupants and tenants of residences and private homes shall remove or cause to be removed at least once a week all garbage or rubbish that accumulates or may accumulate upon or in their homes and premises, and all owners, occupants and tenants of nonresidential uses shall remove or cause to be removed at least twice a week all garbage or rubbish that accumulates or may accumulate upon or in their buildings or premises. For good and sufficient reasons, the Town Administrator or Town Council or his authorized agent may require a greater frequency of collection or permit a lesser frequency of collection.
7.06.080 Refuse Collection License-Required.
No person shall collect refuse in the Town of Dinosaur without first obtaining a license for such purpose from the Town Administrator or Town Council or his/her authorized agent. Such licenses shall be applied for upon forms prescribed by him/her, which forms shall call for the providing of the home and business addresses of the applicant and of all partners, proprietors and officers thereof, the vehicles proposed to be used for refuse collection, all places and methods of disposal of refuse, proposed collection days and times, proposed rates to be charged, and such other information he deems necessary to determine the applicant’s qualifications for collecting refuse.
7.06.090 Refuse Collection License-Fees and Expiration Date.
If the Town Administrator or Town Council or his authorized agent determines that the applicant has the capability to collect refuse and to fulfill contracts involved therewith, he/she shall issue a license upon payment of twenty-five dollars ($25.00) which is good for that calendar year.
7.06.100 Vehicles and Covers.
All vehicles conveying rubbish and garbage, in the Town of Dinosaur shall be properly covered so as to prevent such objects from being blown from and falling from such vehicle. The section of such vehicle used for storage of garbage and rubbish shall be solidly constructed so as to prevent the escape of liquids and to prevent easy access of insects and vermin.
7.06.110 Insurance for Refuse Collectors.
The collector shall carry public liability insurance of not less than three hundred thousand/one hundred thousand dollars ($300,000.00/$100,000.00) for the death of or injury to any one person, and three hundred thousand dollars ($300,000.00) upon each of the vehicles used by him/her in collection of rubbish and garbage, and certificates of such insurance shall be filed with the Town Clerk.
7.06.120 Refuse Collection License-Revocation or Nonrenewal.
The Town Administrator or Town Council or his authorized agent may revoke or fail to renew any license that has been issued for collection of refuse, provided that he/she has by certified letter given the licensee a statement of violations of this Chapter or conditions of such license, and that such licensee within ten (10) days has failed to correct such violations or satisfy such conditions.
7.06.130 Violation-Penalty.
Any person violating any of the provisions of this Chapter shall be deemed guilty of a municipal offense and may be punished by a fine not to exceed three hundred dollars ($300.00), imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment.
(Ord. 44, 1977; Amended Ord. 57, §VIII, 1982; Amended Ord. 104, 2002
- 7.08 - Trailers
-
7.08.010 Compliance with Location Requirements.
7.08.020 Emergency, Temporary Parking on Streets.
7.08.030 Recreational Vehicle and Trailer Parking.
7.08.010 Compliance with Location Requirements.
It is unlawful within the Town for any person to park any recreational vehicle, travel trailer, motorized home, motor home, recreational bus, or trailer on any street, alley or highway, or other public place, or on any tract of land owned by any person, occupied or unoccupied, with the Town, except as provided in this Chapter.
7.08.020 Emergency, Temporary Parking on Streets.
Emergency or temporary stopping or parking of recreational vehicles, travel trailers, motorized homes, recreational buses and trailers are permitted on any street, alley or highway for not longer than twelve (12) hours subject to any other and further prohibitions, regulations and limitations imposed by traffic and parking regulations or ordinance for the street, alley or highway. Any person who violation this Section commits a noncriminal municipal offense.
7.08.030 Recreational Vehicle and Trailer Parking.
No person shall park or occupy any trailer, travel trailer, motorized home, motor home, recreational bus or recreational vehicle, outside of an approved recreational vehicle park, trailer park or other specifically permitted location in accordance with the provisions of the Town’s Land Use Regulations, except that invited overnight guests may occupy such vehicles located on any tract of land owned by the person extending the invitation for a period of time not to exceed seventy-two (72) hours, and provided such use and occupancy does not violate any other ordinances. Temporary parking or occupancy shall be permitted in designated rest areas only for a period of twelve (12) hours. The parking of one unoccupied trailer, travel trailer, motorized home, motor home, recreational bus or recreational vehicle in a private garage building, or in a rear yard, or in a driveway at least twenty feet (20') from the street curb is permitted providing no living quarters shall be maintained or any business practiced in such trailer or recreational vehicle while such vehicle is so parked or stored. A permit must be obtained from the Town Clerk for a trailer, travel trailer, motorized home, motor home or recreational vehicle to be used as a temporary construction office on the site of and during construction, however, sleeping or cooking shall be prohibited. Any person who violates this Section commits a noncriminal municipal offense.
- 8.04 Definitions
-
8.04.010 Generally.
For the purposes of this Chapter, certain terms and works are defined and shall have the meanings ascribed to them in this Chapter unless otherwise more specifically defined or it is apparent from the context that a different meaning is intended.
A. “Availability Fee. “Availability Fee” means the minimum monthly service fee the Town will charge the owner of every recreational vehicle park or camper/trailer park, multi-family building or mobile home park that is unmetered or on a master meter, based upon the number of platted or licensed spaces in such a park or the number of constructed units in a multi-family building, irrespective of whether each such space or unit is occupied.
(Ord. 114, §1, 2007)
B. Director. “Director” means the Director of Public Works of the Town, or his authorized deputy, agent, or representative, or other person designated by the Town Council to administer this Chapter.
C. Person. “Person” means an individual, firm, company, association, society, corporation or group.
D. Plant Investment Fee. “Plant investment fee” means tap fee, and the terms, may be used interchangeably.
E. Service Area. “Service area” means that corporate limits of the Town of Dinosaur, the boundaries and limits of water district served by the Town’s water system, if any, and any extension of the water system to serve structures or improvements in unincorporated areas which is approved by the Town Council.
F. Shall. “Shall” is mandatory, “may” is permissive.
G. Town. “Town” means the Town of Dinosaur, Colorado.
H. Water Main. “Water main” means a water line in which all owners of abutting properties have equal rights, and is controlled by the Town.
I. Water Service Line. “Water service line” means that part of the water system from the distribution main to any premises.
J. Water System. “Water system” means all facilities for appropriating, transporting, storing, pumping, treating and dispersing of water, whether privately or publicly owned.
K. Waterworks. “Waterworks” means all of the water system owned and operated by the Town.
(Ord. 82, Part 1, §§1.1 to 1.11, 1994)
- 8.06 Water System Generally
-
8.06.010 Operation and Control.
8.06.020 Creation of Water Department.
8.06.030 Water Fund.
8.06.040 Public Works Director.
8.06.050 Use and Repair of Fire Hydrants.
8.06.060 Vacant Buildings-Shutting off Water.
8.06.070 Removal of Corporation Stop, Curb, Stop, Curb Box or Meter.
8.06.080 Specifications for Material-Manner of Construction.
8.06.010 Operation and Control.
The operation and management of the water system and service area shall be under the control of the Town Council, who shall direct the construction of additions thereto, and the maintenance and operation thereof, and in all cases, not particularly provided for by this Chapter or other provisions contained in Town ordinances, shall determine in what manner and upon what terms water may be taken from the water system by an property owner or water consumer and the character of the connections and appliances which may be made or used therefor. The Town Council shall perform all acts that may be necessary for the prudent, efficient, and economical management and protection of the water system. The Council shall have the power to prescribe such other further rules, rates, and regulations and shall have such other power and authority as authorized by law.
8.06.020 Creation of Water Department.
There is hereby created and established a water department of the Town of Dinosaur for the purpose of the management, maintenance, care and operation of the waterworks of the Town. The Town Council may appoint a Public Works Director, or other person, to supervise the day-to-day activities of the water department, under the authority and supervision of the Town Council.
(Ord. 65, §1, 1983; Amended Ord. 82, Part 2, §2.2, 1994)
8.06.030 Water Fund.
The Town Council hereby authorizes the establishment of a water fund and shall, from time to time, appropriate sufficient monies for such fund, to be used for the purposes of operating and maintaining the Town’s water department and water system. The Town Clerk shall prepare statements for water charges and collect the same. The Town Clerk shall keep a correct accounting of all receipts of water fees and charges and have such monies deposited in the credit of the water fund. To the extent permitted by law, such fund shall be deemed to be an enterprise fund.
8.06.040 Public Works Director.
A. The Director, or other person designated by the Town Council, shall, under the direction of the Town Council, have charge of all facilities of the water system, and it shall be his duty to supervise the water system, and maintain and control the same as directed by the Town Council and as provided in this Chapter.
B. The Director shall have control of the laying of all water lines. The Director shall have the general supervision of the installation of all taps, and water service lines or other connections with the water system and the regulation of the water supply to all consumers of water. He/she shall also have the charge of and be responsible for all the tools, machinery, pipes, meters, fixtures, plumbing material, and all other apparatus and appliances owned by the Town or used by it in the maintenance and operation of the water system and shall keep account of all such material and the manner in which the same is used, kept or disposed of.
8.06.050 Use and Repair of Fire Hydrants.
A. It shall be the duty of the Director to keep all fire hydrants in good repair and to test the same periodically to see if the same are in order, and he/she may let out water from the hydrants, whenever it is necessary for testing of the condition of the water system, or for purifying water, or for the repairing of the water system, or for watering the trees in extreme need.
B. The Public Works Director may grant permission to any person employed by the Town to sprinkle the streets, or to any other person he/she may authorize to draw water from the fire hydrants.
C. The members of the Fire Department under the orders of the Fire Chief, or other officer in charge, shall at all times have free access to the fire hydrants in case of fire and for the purpose of training, cleaning, washing, or testing their pumping equipment or other apparatus.
D. It is unlawful for any person not authorized by the Town to open or operate any fire hydrant or draw water therefrom or obstruct the approach thereto.
8.06.060 Vacant Buildings-Shutting Off Water.
Whenever any building or premises is vacated, it shall be the duty of the owner or owners, or agents thereof, to notify the Director or Town Clerk of such fact, so that water may be shut off; and all such buildings and premises shall be deemed to be occupied and water charges collected thereon unless such notice has been given.
8.06.070 Removal of Corporation Stop, Curb Stop, Curb Box or Meter.
In case any owner of the premises on which water is used ceases to use water, and desires to disconnect his/her premises, he shall not be permitted to remove the corporation stop, curb stop, curb box or meter and appurtenances. Such devices are the property of the Town and may be removed only by the order of the Director.
8.06.080 Specifications for Material-Manner of Construction.
Specifications for all labor, materials and equipment, manner of construction, and services required for the installation of all water distribution systems and service lines shall be as directed by the Public Works Director or Town Council.
(Ord. 84, Part 2, §§2.1 to 2.8, 1994)
- 8.08 Waterworks System, Construction, General Provisions
-
8.08.010 Water Main Extensions.
8.08.020 Construction-Road Cut Permit-Required When.
8.08.030 Protection of Rivers and Streams.
8.08.040 Construction-Plans-Information Required.
8.08.050 Acceptance of Facilities for Maintenance-Standards and Procedures.
8.08.060 Construction-Suspension of Work.
8.08.070 Revegetation.
8.08.080 Access to Work.
8.08.010 Water Main Extensions.
All construction, extension or enlargement of distribution mains to supply and distribute water to and throughout areas or additions shall be extended by the owner or developer of premises to be served by such lines from the existing distribution main to the point or points on the property line farthest from the existing distribution main. Application for said extension shall be made in writing and shall require the written consent of the Town Council. Such application shall include a map or plat of the right-of-way and map of such proposed extension or enlargement prepared by a licensed land surveyor or civil engineer. All such extensions or enlargements shall be constructed by the prospective owner or developer in accordance with the Town specifications. The sole cost and expense of such extensions or enlargements shall be the expense of the applicant unless otherwise specified in writing by the Town Council.
8.08.020 Construction-Road Cut Permit-Required When.
Prior to any excavation or trenching in dedicated Town streets or rights-of-way, a road cut permit shall be obtained from the Town of Dinosaur in compliance with all ordinances and regulations.
8.08.030 Protection of Rivers and Streams.
Any river or major stream crossed by a waterline shall be fully encased with concrete and reinforced. The minimum dimension between the low point of the channel and the top of the concrete shall be one foot (1’). Each crossing will be considered on an individual basis and all design work shall be done by a competent, registered engineer.
8.08.040 Construction-Plans-Information Required.
As a condition for final approval and acceptance for maintenance of facilities by the Town, the applicant shall have a complete and accurate set of as-built drawings prepared by a competent, registered, surveyor or engineer. Such as-built drawings shall contain all information required by the Town.
8.08.050 Acceptance of Facilities for Maintenance-Standards and Procedures.
There are several steps leading to the final approval and acceptance for maintenance of any water facility:
A. Periodic construction inspection by the Public Works Director or his staff;
B. Testing and approval of lines;
C. Formal request for preliminary acceptance by applicant;
D. Inspection and approval by the Public Works Director or his/her representative including:
1. Valves-operation and straightness,
2. Hydrants-operation of hydrant and drainback valve,
3. All other equipment-inspection for suitability and operation on an individual basis and as a functioning part of the system;
E. Inspection and approval of roads, shoulders, ditches, driveways and general cleanup by the Town Public Works Director;
F. Formal preliminary acceptance and partial release of any performance guarantee required by the Town Council;
G. Mandatory one (1) year guaranty period during which the applicant assumes the responsibility and costs of all maintenance and repair;
H. Formal final acceptance and full release of the performance guarantee by the Town Council contingent upon any and all repairs deemed necessary by the Public Works Director to facilities or roads being completed in a satisfactory manner;
I. At this point the Town assumes full responsibility for maintenance and repair except materials and equipment under any express guarantee by the manufacturer.
8.08.060 Construction-Suspension of Work.
The Public Works Director may at any time suspend a contractor’s operations when the conditions of Town specifications are not met or when an unsafe working condition prevails.
8.08.070 Revegetation.
Any work in rights-of-way or green areas owned or authorized for use by the public that disturbs or destroys the natural or existing environment shall include revegetation to be done to the satisfaction of the Public Works Director.
8.08.080 Access to Work.
The Public Works Director or other employees of the Town shall have access to all work being performed on water facilities within the Town’s service area.
(Ord. 84, Part 3, §§3.1 to 3.8, 1994)
- 8.12 Water Service, Regulations for Connection, Inspection
-
8.12.010 Plant Investment Fees Required.
8.12.020 Water Service Regulations for Connection.
8.12.030 Connection to Municipal Water Utility.
8.12.040 Plant Investment Fee-Building Permits.
8.12.050 In Town Plant Investment Fees.
8.12.060 Out of Town Plant Investment Fees.
8.12.070 Additional Service.
8.12.080 Water Main and Service Line Extensions.
8.12.090 Acceptance of Facilities for Maintenance, Standards and Procedures.
8.12.100 Separate Connections Required-New.
8.12.110 Requirements-Property with Single Service to be Further Subdivided.
8.12.120 Use During Fire Alarms.
8.12.130 Repair-Extension of Service.
8.12.140 Turning Water on and Off-Unlawful.
8.12.010 Plant Investment Fees Required.
No service line installation, water tap or other connection with the water lines of the Town of Dinosaur water system shall be made without approval of the Director and until all applicable plant investment fees have been paid and a permit has been issued pursuant to this Chapter. It is unlawful for any person to make any connection to the water system contrary to the provisions of this Chapter or any ordinance of the Town. Said criminal offense shall be one of “strict liability.”
8.12.020 Water Service Regulations for Connection.
A. Application for water service, where both the tap and all points of consumption are within the corporate limits of the Town, shall be made as provided for in this Chapter.
B. Extension of water service, where the tap or any point of consumption is outside the corporate limits of the Town, shall be made pursuant to an agreement with the Town. The Town shall not be obligated to extend water service outside the corporate limits of the Town and may grant water service only when it determines that no conflict exists between the best interests of the Town and the prospective water use. The Town may impose such contract and performance guarantee requirements as it deems necessary to safeguard the best interests of the Town, as a condition of water service, including consent of annexation of the property to the Town.
C. An application for the use of water shall be made to the Town Clerk for a permit to tap the water mains of the Town water system. If granted, such permit shall be signed by the Town Clerk and shall set forth the type of usage of the person or property for whose benefit such permit is granted, the size of the tap for the discharge of the water from the mains to the service lines, the type of establishment to be served, and the lot and block number of the property to be served. Applications must be made by the owner of the property to be served, or his duly authorized representative.
D. Application shall be required, and plant investment fees shall be assessed, for any new or expanded use of water following enactment of this Chapter, if such new or expanded use requires a new or enlarged tap.
8.12.030 Connection to Municipal Water Utility.
All buildings within the Town’s limits that contain water supply facilities shall be connected to the Town’s water system, unless otherwise determined by the Town Council. Following adoption of this Chapter, no more than one (1) single family dwelling; or one (1) building containing multiple dwellings other than condominiums; or one (1) building containing offices, businesses, or transient units shall be permitted to use a single water service line (tap) with the exception of campgrounds, mobile home parks, and school facilities. One tap may serve a campground or recreational vehicle park having multiple users. One tap may serve a mobile home park, exclusive of any recreational vehicle uses, having multiple users. One tap may serve multiple buildings used for school purposes.
8.12.040 Plant Investment Fee-Building Permits.
A. No tap shall be issued, nor any tap commitment approved, except pursuant to subsections (B) or (C) or this Section, unless the tap commitment is approved and the fee therefor paid, or the tap is issued and paid for prior to making tap.
B. At the time of application for any building permit, for any use which will use Town water service, the owner or authorized representative shall make application to the Town Clerk and to the Public Works Director for water service to the property for which the building permit is issued. Application shall be made on such forms as the Town Council may prescribe. The plant investment fee shall be assessed at the rate applicable under this Chapter and shall be due and payable prior to connection and prior to the extension of water service to the applicant. Any approved tap application shall be voided unless the tap is installed for which application is made within one (1) year of the date of the issuance of the permit. In the event the tap has not been installed within such period, the application and permit shall be voided, and the plant investment fee shall not be refunded.
C. In the event an application is made for a building permit issued by another entity, the owner or authorized representative of the property for which water service is sought, shall make application to the Town Clerk and to the Public Works Director for water service to the property for which the building permit is sought. Application shall be made on such forms as the Town Council may prescribe. The plant investment fee shall be assessed at the rate applicable under this Chapter and shall be paid in full before any tap is made.
D. Any commitment by the Town to extend water service shall not be transferred to any property other than that for which the commitment was made, and permit issued.
8.12.050 In Town Plant Investment Fees.
Effective July 1, 2008, all persons within the corporate limits of the Town of Dinosaur who desire to use water from the Town’s water system shall pay a plant investment fee in accordance with the following schedule in order to obtain a tap permit:
TAP SIZE (IN INCHES)
PLANT INVESTMENT FEE
3/4
$1,700.00
1
$2,300.00
1 ½
$2,900.00
2
$3,300.00
The above fee shall include the cost of all labor and materials for the Town of Dinosaur to install one (1) tap from the water main distribution line to the applicant’s property line, including water meter.
(Ord. 82, Part 4, §4.5, 1994; Amended Ord. 118, §1, May 13, 2008)
8.12.060 Out of Town Plant Investment Fees.
All persons outside the corporate limits of the Town of Dinosaur, desiring to use water from the Town water system shall pay a plant investment fee in accordance with the following schedule in order to obtain a tap permit:
TAP SIZE (In Inches)
PLANT INVESTMENT FEES
¾
$2,100.00
1
$3,000.00
1 ½
$3,900.00
2
$4,800.00
The above fee for taps outside the Town limits does not include costs for extending the main distribution line, water meter, box, valves, fitting and other materials that may be required. All water mains and water service lines extended beyond Town limits shall be constructed in accordance with Town specifications and shall be subject to inspection by the Town. The Town Council may require consent to annexation by the applicant, and a water service agreement as a condition of approval of an application for an out-of-Town tap.
(Ord. 82, Part 4, §4.6, 1994; Amended Ord. 118, §1, September 23, 2008)
8.12.070 Additional Service.
A. An existing tap shall not be subject to additional service or change in use without permission therefor from the Town. The Public Works Director shall have the power to grant or deny such permission. A party may appeal the decision of the Public Works Director to the Town Council. Permission may be subject to conditions necessary in the interest of the Town water supply system, including a requirement that a larger tap be installed.
B. Any additional service or change in use that requires an enlarged tap shall be subject to the payment of a supplemental plant investment fee. The additional plant investment fee shall be the difference between the amount previously paid for a tap and the plant investment fee for a new enlarged tap.
8.12.080 Water Main and Service Line Extensions.
A. All construction, extension or enlargement of distribution mains to supply and distribute water to and throughout areas or additions and all service lines shall be extended by the owner or developer of premises to be served by such lines from the existing distribution main to the point or points of the property farthest from the existing distribution main. Application for said extension shall be made in writing and shall require the written consent of the Town Council. Such application shall include a map or plat of the right-of-way and a map of the proposed extension or enlargement prepared by a licensed land surveyor or civil engineer. All such extensions and enlargements shall be constructed by the prospective water user in accordance with the Town’s specifications contained in this Chapter. The Town shall supply the water meter and tap saddle as required at no cost. All connections to existing water distribution mains shall be performed by a licensed plumber. The cost and expense of such extensions and enlargements shall be at the sole expense of the applicant, except for the meter and tap saddle, unless otherwise specified in writing by the Town Council. Prior to any excavation or trenching in dedicated Town streets or rights-of-way, a road cut permit shall be obtained from the Town.
B. As a condition to final approval and acceptance of water main extensions or service lines, the owner shall have a complete and accurate set of as-built drawings prepared by a registered land surveyor. These as-builts shall contain at least the following information:
1. Line locations (plan view) to scale showing true horizontal dimensions and deflection angles shown in relation to rights-of-way or easement boundaries;
2. Line profile with actual length, size of pipe, percent gradient and accurate grade or road profiles;
3. Accurate three point ties and locations for all hydrants, valves, and curb stops;
4. Accurate descriptions of all materials and appurtenances used for construction of the water system improvements;
5. Location of all other utilities and services encountered during construction; and
6. Any additional data deemed necessary by the Town.
(Ord. 82, Part 4, §4.8, 1994; Amended Ord. 1, §1, 2019)
8.12.090 Acceptance of Facilities for Maintenance, Standards and Procedures.
A. There are several steps leading to the final approval and acceptance for maintenance of any water facility:
1. Periodic construction inspections by the Town;
2. Testing and approval of lines;
3. Formal request for preliminary acceptance;
4. Inspection and approval by the Town or its representative including:
a. Valves;
b. Operation and straightness to hydrants (if applicable);
c. Operation of hydrant and drain back valve (if applicable);
d. All other equipment inspected for suitability and operation on an individual basis and as a functioning part of the system;
5. Inspection and approval of any disturbed roads, shoulders, ditches, driveways and general cleanup by the Town;
6. Formal preliminary acceptance and the release of any required performance guarantee by the Town Council;
7. Mandatory one (1) year guarantee period during which the owner assumes responsibility and costs of all maintenance and repair of newly installed water facilities;
8. Formal final acceptance and release of any performance guarantee required by the Town Council conditioned upon any and all repairs deemed necessary by the Town being completed in a satisfactory manner;
9. At this point the Town assumes full responsibility for maintenance and repair except for service lines extending beyond the curb stop.
B. The Town shall not be responsible for the maintenance, repair or replacement of service lines and fixtures. All owners at their sole expense must keep service lines from the property line to any buildings and all other appurtenant facilities in good working order and properly protected from frost and other disturbances. No claim shall be made against the Town on account of the breaking of service lines and related apparatus or for failure in the supply of water. No reduction in rates will be made for any time that service lines or fixtures may be frozen.
(Ord. 82, Part 4, §4.9, 1994; Amended Ord. 1, §2, 2019)
8.12.100 Separate Connections Required-New.
Any individually owned property or properties intended for further subdivision must be furnished with separate outside service connections, curb stops and meters. Curb stops shall be located in a location such that water can easily be turned off and on.
8.12.110 Requirements-Property with Single Service to be Further Subdivided.
Any existing property that has an individual service line and is filing an application for further subdivision is subject to additional requirements. If feasible, separate connections, curb stops and meters with appropriate easements will be required to be installed as a condition of subdivision. If separate connections are not feasible, the Town and owner of the property to be subdivided shall enter into an agreement whereby all subsequent owners shall be individually and collectively responsible for metered service.
8.12.120 Use During Fire Alarm.
During all alarms of fire, the use of hoses and all outlets where a constant flow of water is maintained is strictly forbidden.
8.12.130 Repair-Extension of Service.
The Town reserves the right to shut off its mains for the purpose of making repairs or extensions or for any other purpose. No claim shall be made against the Town for any damage that may result from shutting off the water for repairing and re-laying main lines, hydrants or other connections or for lack of water service during the period of time in which the water system is shut off.
8.12.140 Turning Water On and off-Unlawful.
It is unlawful for any person to turn on or off water from the curb stop of a building supply. Said offense shall be deemed one of “strict liability.” Such operating of the curb stop shall only be done by the Public Works Director or authorized representative.
(Ord. 84, Part 4, §§ 4.1 to 4.14, 1994)
- 8.16 Water Meters
-
8.16.010 Metered Service.
8.16.020 Meter Location.
8.16.030 Number of Meters.
8.16.040 Meter Testing-Fees and Costs.
8.16.050 Reading of Meters.
8.16.060 Estimated Charges.
8.16.070 Right of Entry.
8.16.080 Tampering with Meters and Other Facilities.
8.16.010 Metered Service.
All water service within or outside the corporate limits of the Town shall be metered. The cost for the initial water meter and installation thereof shall be included in the plant investment fee paid. Water meters installed or used in connection with the Town water system shall be and remain the property of the Town of Dinosaur. The Town will perform all replacements and removals for the purpose of inspection, adjustment or other purpose necessary for the operation of the system.
8.16.020 Meter Location.
Except as otherwise authorized by the Town, all water meters shall be located and installed inside the boundary line of the subject property in a frost free box. Water meters shall be easily accessible from a public alley, street, easement, or other public right-of-way. In the event a water meter is located inside a fenced area, such fence shall contain an unlocked gate within ten feet (10’) of the water meter. The precise location of water meters shall be subject to approval of the Public Works Director or other person designated by the Town Council.
8.16.030 Number of Meters.
One (1) meter shall be installed on each water service line through which water is withdrawn form the main distribution line. if a property consists of multi-family dwellings other than condominiums, or business and commercial rental units, each building on the property may be served through one (1) service line and one (1) master meter, as further described in Section 8.12.030. if school structures are located upon one (1) tract of land, the entire premises may be served through one (1) service line and one (1) master meter.
8.16.040 Meter Testing-Fees and Costs.
A. Any consumer who feels his water meter is not in proper working order may call for an inspection and test of such water meter. If the meter is found to be damaged, because of the fault of the consumer, the Town will bear the costs of materials and labor to repair said meter at no cost to the consumer, one (1) time. The Town shall notify the consumer, in writing, of the cause of the damage and the procedure necessary to prevent the recurrence thereof. After the first such repair or replacement, the consumer shall be liable for the expense of subsequent meter damage resulting from the same cause. If the meter is found to be defective without fault of the consumer, the Town will pay all costs for repair or replacement.
B. If the meter is found not be defective, after inspection, the consumer will be assessed all costs incurred by the Town for inspection and testing of the meter, which sum shall be added to the water bill and collected as a part thereof.
8.16.050 Reading Meters.
All water meters shall be read, when practicable, once a month and a proper record of the water consumption through such meter shall be kept by the Town Clerk. Failure to read such meter shall not be deemed to be a waiver of any obligation of any payment of water service charges by the owner or occupant of the property. (Meters will be read the last day of each month, if the last day falls on a weekend it will be read on the Friday before.)
(Ord. 84, Part 5, §5.5, 1994; Amended Ord. 118, §2, 2008)
8.16.060 Estimated Charges.
If a water meter is broken or defective, or for any other reason does not correctly measure and record all the water used on any premises, or where the proper reading is not reported to the Town Clerk, or if a Town employee is unable to read the meter for any reason, the charge for water used on such premises during the applicable period shall be estimated according to the average quantity of water used during a similar period when the meter was read and was in working order.
8.16.070 Right of Entry.
Employees of the Town shall have the right to enter upon and return from property upon which a water meter is located at any time during reasonable working hours for the purpose of reading, inspecting, testing, repairing, adjusting, relocating, removing or replacing the water meter. If a dog or other pet located on the property interferes in any way with such reading, inspecting, or service, the owner or occupant of the premises shall immediately remove or restrain the animal upon request from a Town employee. Any person who fails to remove or restrain the dog or other animal upon request from the Town shall be guilty of a criminal offense.
8.16.080 Tampering with Meters and Other Facilities.
It is unlawful for any person to deface, injure, loosen or take apart, or otherwise tamper with any water meter, or water shutoff valve or water line, or to attempt in any other manner whatsoever to interfere with the correct recording by such meter of the total amount of water furnished to the premises. Any person who tampers with a Town water meter shall be deemed guilty of a criminal offense and water service may be terminated by the Town.
(Ord. 82, Part 5, §§5.1 to 5.8, 1994)
- 8.20 Water Service
-
8.20.010 Water Account in Name of Owner.
8.20.020 Voluntary Discontinuance of Service.
8.20.030 Temporary Shut Off.
8.20.040 Water Bills-Payment-Penalty.
8.20.050 Involuntary Termination of Service.
8.20.060 Unlawful Use of Water.
8.20.070 Water Conservation.
8.20.010 Water Account in Name of Owner.
A. All charges for water service shall be the responsibility of the owner of the property served, based on records of the Moffat County Assessor, including governmental entities other than the Town of Dinosaur, and all non-profit organizations. Payment shall be made for water service by the owner or his legally authorized agent.
B. Water accounts may be established in the name of a non-owner following application to the Town Clerk and approval by the Town. In the event that a non-owner proves to be repeatedly delinquent in the payment of water service charges, the Town may require that the account be transferred back to the owner of the property served. Nothing contained in this Chapter shall relieve the owner of the ultimate responsibility for payment of water charges or to remedies of collection set forth in this Chapter.
8.20.020 Voluntary Discontinuance of Service.
Any consumer who desires to discontinue water service shall notify the Town Clerk and pay all current and delinquent charges, if any, for water used to the date of termination.
8.20.030 Temporary Shut Off.
Any consumer who desires temporary discontinuance of water service may be charged a fee of ten dollars ($10.00) for turning off the water supply and ten dollars ($10.00) for restoring water service, for a total of twenty dollars ($20.00) per cycle.
8.20.040 Water Bills-Payment-Penalty.
A. All water service usage charges shall be billed monthly, on or about the fifth (5th) day of each month. Said charges shall be due and payable on or before the twenty-fifth (25th) day of each month, unless a different date due is shown on such statement. Payment for service shall be for use during the preceding billing period. Unless otherwise provided in this Chapter, all other payments due under this Chapter shall be paid no later than twenty (20) days following the date a statement is issued by the Town.
B. If any payments required under this Chapter are not made by the date said payments are due and payable, the water supply may be discontinued and turned off by the Town as provided in Section 8.20.050 below.
8.20.050 Involuntary Termination of Service.
A. The Town shall have the right to refuse to furnish water service to any premises until all delinquent charges, costs and fees are paid. Change in ownership or occupancy shall not affect the application of this Section and may be enforced against the subsequent tenant, owner, or occupant thereof. This Section shall be applicable to all water users within or without the corporate limits of the Town.
B. In the event any consumer fails or refuses to pay any charges or penalties for water service within thirty (30) days following the date of billing, or fails to comply with any other provisions of this Chapter, the Town may shut off the water to the premises served and terminate water service. Prior to such termination, the Town shall attempt to provide the customer with a notice stating the reasons for the shut off and the date upon which water service will be terminated unless the charges are paid or other specified violation is corrected. Such notice shall further advise the consumer that he is entitled to an informal hearing before the Town Council for the purpose of resolving any dispute concerning the amount due or the violations specified. Such notice may be personally served upon the consumer at his last known address or the notice may be deposited in the United States Mail, addressed to the consumer at his last known address. The Town may send such notice by United Stated certified mail, return receipt requested. If the Town elects to do so, the cost of such certified mailing shall be charged to the consumer. The termination date contained in the notice shall be at least seven (7) days following the date of deposit of the notice in the United States mail, or the date upon which personal service is made. In the event the consumer requests such hearing, the hearing shall be scheduled as soon as possible by the Town Council. If the Town Council, following hearing, determines the matter adverse to the consumer, service may be terminated immediately or on the date specified in the notice of shut off, whichever is later.
(Ord. 82, Part 6, §6.5, 1994; Amended Ord. 118, §3, 2008)
C. If water service is terminated by the Town pursuant to this Section, service shall not be restored until all past due charges, or other applicable charges which have been billed are paid.
8.20.060 Unlawful Use of Water.
It is unlawful for any person to use or take water from the Town’s waterworks without a permit to do so, or to make any fraudulent representations for the purpose of obtaining water, or for any person to take or use water from the waterworks for a different purpose or purposes than provided in the customer’s permit.
8.20.070 Water Conservation.
A. Consumers shall prevent unnecessary waste of water and keep all water outlets closed when not in actual use. Hydrants, urinals, water closets, bathtubs and other fixtures shall not be left running for any purpose other than the use for which they are intended.
B. In order to protect the general public health, safety and welfare, the Town Council may, by resolution, place any restrictions which it deems necessary upon the use of water for irrigation or sprinkling purposes.
C. It shall be unlawful for any person to waste water or violate a conservation order issued by the Town Council. Said offense shall be deemed to be one of “strict liability”. Upon conviction, such person shall be subject to the following penalties:
In One Year
First offense $25.00
Second offense $50.00
Third offense $50.00 - $300.00 and termination of water service.
Prior to issuance of a Summons and Complaint by the Town Marshal for violation of this Section, the consumer shall be given a warning in writing as to the nature of the violation and the measures necessary to correct the stated violation. If corrective measures have not been taken within three (3) days following receipt of such notice, a citation shall be issued.
(Ord. 82, Part 6, §§ 6.1 to 6.7, 1994)
- 8.24 Water Service Rates
-
8.24.010 Monthly Service.
8.24.020 Resale or Transfer of Water Prohibited.
8.24.030 Changes to Water Rates.
8.24.010 Monthly Service.
A. All rates and charges for municipal water service shall be billed on a monthly basis. There shall be no reduction in rates or charges, or any rebates thereof, for use for less than the full monthly period, except for rates charged users making new connections to the Town’s water system, which rates shall be pro-rated on the basis of the number of days remaining in the billing period in which the new connection is made. Payment for water service shall be for use during the preceding monthly billing period.
B. Beginning on the first day of January, 2015 and on the first day of the month thereafter, the following water rates shall be assessed and charged:
1. In Town Service. The following monthly rates shall apply to all water used and measured by water meters within the corporate limits of the Town of Dinosaur.
For the first 6,000 gallons or less of water
Residential Unit
$29.58
Commercial Units
$33.34
Motel and Laundry
$33.34
Schools
$38.31
Duplex
$88.74
RV Park (Master Meter)
$33.34
Plus an additional $1.53 per 1,000 gallons.
(Ord. 82, Part 7, §7.1, 1994; Amended Ord. 114, §3, 2007; Amended Ord. 118, §4, 2008; Amended Ord. 2015-3, §1, 2015; Amended Ord. 3, §1, 2018)
2. Out of Town Service. The following monthly rates shall apply to all water used and measured by water meters outside the corporate limits of the Town of Dinosaur.
For the first 6,000 gallons or less of water
Out of Town
$33.52
Plus an additional $2.73 per 1,000 gallons.
(Ord. 82, Part 7, §7.1, 1994; Amended Ord. 114, §3, 2007; Amended Ord. 118, §4, 2008; Amended Ord. 2015-3, §1, 2015)
3. Automatic Adjustment of Water Service Rates Effective September 1, 2008. On September 1 of each year, commencing on September 1, 2008, existing monthly rates for all water system users shall be adjusted annually for inflation based on the Consumer Price Index, All Items, for all Urban Consumers, Western Region, Size B/C, published on a monthly basis by the United States Department of Labor (Bureau of Labor Statistics) “(CPI-U)”. Such adjustments based on the CPI-U shall not require any further action by the Town Council. Provided, however, the Town Clerk shall prepare a new schedule of water service rates on the charges each year, to commence on September 1, based upon the change in the CPI-U.
(Ord. 83, Part 7, §7.1, 1994; Amended Ord. 105, 2002; Amended Ord. 114, §3, 2007; Amended Ord. 118, §4, 2008)
4. Bulk Water Service. Persons may purchase water sold in bulk on a temporary basis only, upon prior approval of the Town Council. Bulk water users shall pay the following charges:
$14.00 per 1,000 gallons or part thereof.
(Ord. 83, Part 7, §7.1, 1994; Amended Ord. 105, 2002; Amended Ord. 114, §3, 2007; Amended Ord. 118, §4, 2008)
8.24.020 Resale or Transfer of Water Prohibited.
Water supplied by the Town of Dinosaur shall only be used on the property upon which the water meter is located, or for the watering of not more than five (5) horses or livestock off the property upon which the meter is located, or by the owner of such property for the purposes stated on the application for a water tap. The resale or transfer of Town water from the owner or occupant of the premises to others is expressly prohibited.
(Ord. 83, Part 7, §7.2, 1994)
8.24.030 Change in Water Rates.
Except for automatic adjustments as provided in subsection (B)(3) of Section 8.24.010 above, changes in any of the water schedules contained herein shall be by ordinance or resolution enacted by the Town Council, and notice of such changes shall be published in a newspaper of general circulation in the County so as to inform all residents of the Town of such changes. The Town Clerk shall keep available at all times for public inspection by interested persons, schedules of water rates for water used within and without the corporate limits of the Town. Copies of schedules of water rates shall be furnished to interested persons by the Town Clerk upon request and without charge.
(Ord. 83, Part 7, §7.3, 1994)
- 8.28 Cross-Connection and Backflow Control
-
8.28.010 Purpose.
8.28.020 Definitions.
8.28.030 Requirements.
8.28.040 Existing Cross-Connections.
8.28.050 Specific System Requirements.
8.28.060 Violations and Penalties.
8.28.010 Purpose.
The purpose of this Chapter is promotion of the health, safety and welfare of the present and future inhabitants of the Town, including:
A. To protect the public water systems from the possibility of contamination or pollution by isolating within its customers' internal distribution system(s) or its customers' private water system(s) such contaminants or pollutants which could backflow or back-siphon into the public water systems.
B. To promote the elimination or control of existing cross-connections, actual or potential, between its customers' in-plant potable water system(s) and non-potable water systems, plumbing fixtures and industrial piping systems.
C. To provide for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of the potable water system.
(Ord. 2, §1, 2019)
8.28.020 Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
Approved means accepted by an agency, as herein provided, as meeting the applicable specification stated or cited in this Chapter, or as suitable for the proposed use.
Auxiliary water supply means any water supply on or available to the premises other than the Town's approved public potable water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source(s) such as a well, spring, river, stream, harbor, etc., or used waters or industrial fluids. These waters may be polluted or contaminated or may be objectionable and constitute an unacceptable water source over which the Town does not have sanitary control.
Backflow preventer means a device or means designed to prevent backflow or back-siphonage.
Air-gap means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of said vessel. An approved air-gap shall be at least double the diameter of the supply pipe, measured vertically, above the top of the rim of the vessel; and in no case less than one inch (1”). When an air-gap is used at the service connection to prevent the contamination or pollution of the public potable water system, an emergency bypass shall be installed around the air-gap system and an approved reduced pressure principle device shall be installed in the bypass system.
Double check valve assembly means an assembly of two independently operating check valves with tightly closing shut-off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. The entire assembly shall meet the design and performance specifications and approval of a recognized testing establishment for backflow prevention devices. To be approved, these devices must be readily accessible for in-line maintenance and testing.
Reduced pressure principle device means an assembly of two independently operating approved check valves with an automatically operating differential relief valve between the two check valves, tightly closing shut-off valves on either side of the check valves, plus properly located test cocks for the testing of the check and relief valves. The entire assembly shall meet the design and performance specifications and approval of a recognized testing agency for backflow prevention assemblies. The device shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between the two check valves shall be less than the pressure on the public water supply side of the devices. In case of leakage of either of the check valves, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved, these devices must be readily accessible for in-line maintenance and testing and be installed in a location where no part of the device will be submerged.
Back pressure means backflow caused by a pump, elevated tank, boiler or other means that could create pressure within the system greater than the supply pressure.
Back-siphonage means the flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.
Certified inspector and/or tester means a person who has passed a State-approved and/or sponsored testing and/or inspection course and who is listed by the State as a certified inspector and/or tester.
Check valve means a self-closing device which is designed to permit the flow of fluids in one direction and to close if there is a reversal of flow.
Colorado Department of Public Health and Environment Cross-Connection Control Manual means a manual that has been published by the State addressing cross-connection control practices which will be used as a guidance document for the agency in implementing a cross-connection control program.
Contamination means an impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual hazard to the public health through poisoning or through the spread of disease.
Critical level means the critical level C-L or C/L marking on a backflow prevention device or vacuum breaker which is a point conforming to approved standards and established by the testing laboratory (usually stamped on the device by the manufacturer), which determines the minimum elevation above the flood level rim of the fixture or receptacle served at which the device may be installed. When a backflow prevention device does not bear a critical level marking, the bottom of the vacuum breaker, combination valve, or the bottom of any such approved device shall constitute the critical level.
Cross-connection means any unprotected, actual, or potential connection or structural arrangement between a public, or a consumer's, potable water system and any other source, or system, through which it is possible to introduce into any part of the potable system any substance other than the intended potable water, with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices and other temporary, or permanent, devices through which, or because of which, backflow can or may occur, are considered to be cross-connections.
Cross-connections controlled means a connection between a potable water system and a non-potable water system with an approved backflow prevention device properly installed that will continuously afford the protection commensurate with the degree of hazard.
Flood level rim means the edge of the receptacle from which water overflows.
Hazard, degree of, derives from an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.
Hazard, health, means any condition, device, or practice in the water supply system and its operation which could create, or in the judgment of the Town may create, a danger to the health and well-being of the water consumer. An example of a health hazard is a structural defect, including cross-connections, in a water supply system.
Hazard, plumbing, means a plumbing type cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air-gap separation or backflow prevention device. Unprotected plumbing type cross-connections are considered to be a health hazard.
Hazard, pollutional, means an actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer's potable water system which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.
Hazard, system, means an actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer's potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.
Industrial fluids system means any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if introduced into an approved water supply. This may include, but not be limited to, polluted or contaminated waters; all types of process waters and used waters originating from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalies, circulated cooling waters connected to an open cooling tower and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerin, paraffins, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes or for firefighting purposes.
Non-potable water means water that is not safe for human consumption or that is of questionable potability.
Pollution means the presence of any foreign substance (organic, inorganic, radiological or biological) in the water that may degrade the water quality so as to constitute a hazard or impair its usefulness.
Potable water means water free from impurities in amounts sufficient to cause disease or harmful physiological effects. The bacteriological, chemical, and radiological quality shall conform with State drinking water regulations.
Submerged inlet means a water pipe or extension thereto from a public water supply terminating in a tank, vessel, fixture or appliance which may contain water of questionable quality, waste or other contaminant and which is unprotected against backflow.
Vacuum means any pressure less than that exerted by the atmosphere.
Vacuum breaker, atmospheric type, means a vacuum breaker which has a moving element inside, which during flow prevents water from spilling from the device, and during cessation of flow drops down to provide a vent opening. The atmospheric vacuum breaker cannot be installed where there can be backpressure, only where there can be back-siphonage. This device should not remain under pressure for long durations (more than 12 hours in any 24-hour period) and it cannot have any shut-off valve downstream of it.
Vacuum breaker, pressure type, means a vacuum breaker that cannot be installed where there can be back-pressure, only where there can be back-siphonage. The pressure vacuum breaker can have shut-off valves downstream of the device.
Water service connection means the terminal end of a service connection from the public potable water system, i.e., where the Town loses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. There shall be no unprotected takeoffs from the service line ahead of any meter or backflow prevention device located at the point of delivery to the customer's water system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system.
(Ord. 82, Part 8, §8.1, 1994; Amended Ord. 2, §2, 2019)
8.28.030 Requirements.
A. Water system.
1. The water system shall be considered as made up of two parts: the utility system and the customer system.
2. The utility system shall consist of the source facilities and the distribution system; and shall include all those facilities of the water system under the complete control of the utility, up to the point where the customer's system begins.
3. The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system.
4. The distribution system shall include the network of conduits used for the delivery of water from the source to the customer's system.
5. The customer's system shall include those parts of the facilities beyond the termination of the utility distribution system which are utilized in conveying utility-delivered domestic water to points of use.
B. Policy.
1. No water service connection shall be installed or maintained by the Town unless the water supply is protected as required by State laws and regulations and this Chapter. Service of water to any premises shall be discontinued by the Town if a backflow prevention device required by this Chapter is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed, bypassed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.
2. The customer's system shall be open for inspection at all reasonable times to authorized representatives of the Town to determine whether cross-connections or other structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the Town shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition(s) in conformance with State and agency statutes relating to plumbing and water supplies and the regulations adopted pursuant thereto.
3. An approved backflow prevention device shall be installed depending on the degree of hazard. Such a device shall be installed at or near the property line or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line wherever the following conditions exist:
a. In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the Town, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard.
b. In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the utility system which have been subject to deterioration in quality.
c. In the case of premises having internal cross-connections that cannot be permanently corrected and controlled, or intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impractical or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line.
4. The type of protective devices required in this Chapter shall depend upon the degree of hazard which exists as follows:
a. In the case of any premises where there is an auxiliary water supply and it is not subject to any of the following rules, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device.
b. In the case of any premises where there is water or substance that would be objectionable but not hazardous to health, if introduced into the public water system, the public water system shall be protected by an approved double check valve assembly.
c. In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries, and plating plants.
d. In the case of any premises where there are uncontrolled cross-connections, either actual or potential, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device at the service connection.
e. In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross-connection survey, the public water system shall be protected against backflow or back-siphonage from the premises by the installation of a backflow prevention device in the service line. In this case, maximum protection will be required; that is, an approved air-gap separation or an approved reduced pressure principle backflow prevention device shall be installed in each service to the premises.
5. Any backflow prevention device required herein shall be of a model and size approved by the Town. The term "approved backflow prevention device" shall mean a device that has been manufactured in full conformance with the standards established by the American Water Works Association entitled:
AWWA C506-78 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices;
and has met completely the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California established by:
Specifications of Backflow Prevention Device - #69-2, dated March 1969, or the most current issue.
Said AWWA and FCCC&HR Standards and Specifications are hereby adopted by reference by the Town of Dinosaur. Final approval shall be evidenced by a "Certificate of Approval" issued by an approved testing laboratory certifying full compliance with said AWWA Standards and FCCC&HR Specifications.
The following testing laboratory has been qualified by the Town to test and certify backflow preventers:
Foundation for Cross-Connection Control & Hydraulic Research
University of Southern California
University Park
Los Angeles, CA 90007
Testing laboratories other than the laboratory listed above will be added to an approved list as they are qualified by the Town.
Only approved backflow prevention devices may be used.
6. It shall be the duty of the customer user at any premises where backflow devices are installed to have certified inspections and operational tests made at least once per year. The fee shall be $25.00 per inspection. In those instances where the Town deems the hazard to be great enough, he may require certified inspections at more frequent intervals. These shall be performed by Town personnel or a certified inspector and/or tester approved by the Town. These devices shall be repaired, overhauled or replaced at the expense of the customer-user whenever said devices are found to be defective. Records of such tests, repairs and overhauls shall be kept and made available to the Town. The form, to be provided by the Town, shall be submitted to the agency within 30 days after the device has been tested and/or inspected.
7. Installation of new devices. The Town will be informed of all backflow prevention devices that are installed on any premises. Upon installation, the device will be inspected and tested by Town personnel or a certified inspector and/or tester approved by the Town. The agency will be informed in writing of the results of this inspection and test.
8. Backflow prevention devices currently installed which are not approved shall be replaced with an approved device within three years from the effective date of the Chapter, unless the device fails an annual operational test. If the device fails any such test, it shall be replaced immediately with an approved device.
(Ord. 82, Part 8, §8.2, 1994; Amended Ord. 2, §3, 2019)
8.28.040 Existing Cross-Connections.
Any existing cross-connections between a public water system and any secondary water system shall be eliminated or protected by means of an approved backflow preventer.
(Ord. 82, Part 8, §8.3, 1994; Amended Ord. 2, §4, 2019)
8.28.050 Specific System Requirements.
A. Irrigation Systems. The following guidelines relating to backflow prevention devices for irrigation systems shall apply:
1. Atmospheric vacuum breakers shall be installed after the last control valve of each sprinkler circuit and at a minimum of six inches above the highest irrigation head. The atmospheric vacuum breaker shall be installed only on irrigation circuits with heads that will not return any pressure in the circuit when the circuit control valve is closed.
2. Pressure vacuum breakers shall be installed at the beginning of each irrigation circuit and at a minimum of 12 inches above the highest irrigation head on the circuit. Individual irrigation circuits having quick coupling valves or other similar type heads that will permit pressure to be retained in the circuit shall have a pressure vacuum breaker installed as a minimum requirement for each circuit. Irrigation systems using the subsurface drip method shall have a pressure vacuum breaker on each circuit. A pressure vacuum breaker may not be installed where a double check valve assembly, reduced pressure principle backflow prevention device, or air-gap separation is required.
3. A double check valve assembly may be installed to serve multiple irrigation circuits in lieu of vacuum breakers on each individual irrigation circuit.
4. A reduced pressure principal backflow preventer or air-gap separation shall be required before any piping network in which fertilizers, pesticides and other chemicals or toxic contaminants are injected or siphoned into the irrigation system. A reduced pressure principal backflow preventer may be installed to serve multiple irrigation circuits in lieu of vacuum breakers on each individual irrigation circuit.
B. Fire Systems.
1. Water systems for fighting fire, derived from a supply that cannot be approved as safe or potable for human use, shall, whenever practicable, be kept wholly separate from drinking water pipelines and equipment. In cases where the domestic water system is used for both drinking and firefighting purposes, approved backflow prevention devices shall be installed to protect such individual drinking water lines as are not used for firefighting purposes. It is hereby declared that it is the responsibility of the person or persons causing the introduction of said unapproved or unsafe water into the pipelines to see that:
a. A procedure be developed and carried out to notify and protect users of this piping system during the emergency;
b. Special precautions be taken to disinfect thoroughly and flush out all pipelines which may have become contaminated before they are again used to furnish drinking water. In the event the means of protection of water consumers is by disinfection of the auxiliary firefighting supply, the installation and its use shall be thoroughly reliable.
2. When disinfection of the auxiliary supply itself is depended upon to render the water safe, the means of applying the disinfectant under this regulation shall be automatic with operation of the pump or pumps employed with the dangerous water in question. Adequate supplies of chlorine or its compounds must be kept on hand at all times. Chlorine dosing equipment shall be tested daily and kept in good operating condition.
3. The public water supply must be protected against backflow from dual domestic fire systems.
(Ord. 82, Part 8, §8.4, 1994; Amended Ord. 2, §5, 2019)
8.28.060 Violations and Penalties.
A. The Town shall notify the owner, or authorized agent of the owner, of the building or premise when there is found a violation(s) of these regulations. The Town shall set a specific time for the owner to have the violation removed or corrected. If the owner fails to correct the violation(s) in the specified time, the Town may, if in its judgment an imminent health hazard exists, request that the water service to the building or premise be terminated. Additional fines or penalties may also be invoked following termination of service.
B. Any person, firm, or corporation who violates any provision of this Chapter shall be subject to a fine of up to three hundred dollars ($300.00) or imprisonment for up to ninety (90) days, or by both such fine and imprisonment. Any such offense shall be deemed one of strict liability. Each separate day or any portion thereof during which any violation of this Chapter occurs or continues shall be deemed to constitute a separate offense.
C. In the event any person, firm, or corporation fails to comply with this Chapter, said person, firm, or corporation shall be liable for civil damages done to the Town's water supply system, and for the costs of any repairs and clean-up.
(Ord. 82, Part 8, §8.5, 1994; Amended Ord. 2, §6, 2019)
- 8.30 Miscellaneous Provisions
-
8.30.010 Unpaid Water Fees and Charges-Lien-Collection.
8.30.020 Inspections.
8.30.030 Regulations of Part of Contract.
8.30.040 Violations and Penalties.
8.30.010 Unpaid Water Fees and Charges-Lien-Collection.
A. All rates, fees, charges and assessments established by this Title from the time the same shall become due and payable, shall become and remain a lien on the subject premises until said rates, fees, charges and assessments have been paid to the Town. This lien on the premises may be foreclosed by an action at law or in equity in the Town in any court having jurisdiction thereof. If the Town must resort to court action for collection of amounts due it under this Chapter, the Town shall also be entitled to reasonable attorney fees and other expenses incurred in such action if the Town prevails.
B. In the event said rates, fees, charges and assessments are not paid when due, the Town Treasurer may certify the amount of the same to the Moffat County Treasurer, to be placed on the tax list for the current year, and to be collected in the same manner as other taxes are collected, pursuant to Section 31-20-105, C.R.S., as amended. All laws of the State for the assessment and collection of general taxes, including the laws for the sale of property for taxes and redemption of the same, shall apply.
8.30.020 Inspections.
Whenever, in the judgment of the Public Works Director or the Town Council it is deemed necessary, the Public Works Director or other person designated by the Town Council, may inspect the premises or building of any water consumer for the purpose of examining the condition of all service lines, plumbing, and water fixtures, or the manner in which the water is used. In the event a water consumer refuses to grant access for the purpose of such inspections, the Town may apply to the Municipal Court of the Town of Dinosaur for an administrative search warrant, in the manner provided by Rule 241(b)(2) of the Colorado Municipal Court Rules of Procedure.
8.30.030 Regulations Part of Contract.
The provisions of this Title, as far as applicable, shall be considered as part of a contract between the Town and each property owner or customer who is furnished with Town water, and such property owner or customer by using Town water shall be presumed to express his consent to be bound by the provisions of this Title, or such other regulations as the Town may hereafter adopt.
8.30.040 Violations and Penalties.
A. Any person, firm, or corporation violating any provisions of this Title shall be deemed to be guilty of a criminal offense and, upon conviction thereof, shall be punished by a fine not to exceed three hundred dollars ($300.00), or by imprisonment in the Moffat County Jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment, unless otherwise provided in this Title. Each separate day or any portion thereof during which any violation of this Title occurs or continues shall be deemed to constitute a separate offense. Any violation of this Title shall be deemed to be one of “strict liability.”
B. In the event any person, firm, or corporation fails to comply with this Title, said person, firm, or corporation shall be liable for any civil damages done to the Town’s water system, and for the cause of any repairs associated with such violation.
(Ord. 82, Part 9, §§9.1 through 9.4, 1994)
- 8.32 Wastewater Collection System Definitions
-
8.32.010 Building Drain.
8.32.020 Building Sewer.
8.32.030 Connection Permit.
8.32.040 Industrial Waste.
8.32.050 Inspector.
8.32.060 Licensed Contractor.
8.32.070 Public Sewer.
8.32.010 Building Drain.
“Building Drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building’s sewer, beginning five feet (5’) outside the inner face of the building wall.
8.32.020 Building Sewer.
“Building Sewer” means the extension from the building drain to the public sewer or other place of disposal, also called “house connection.”
8.32.030 Connection Permit.
“Connection Permit” means a permit to connect to the sewer system of the Town of Dinosaur, issued in accordance with this Title.
8.32.040 Industrial Waste.
“Industrial Waste” means solid, liquid, or gaseous waste resulting from any industrial manufacturing, trade, or business process, or from the development, recovery, or processing of natural resources.
8.32.050 Inspector.
“Inspector” means the person or persons who has a valid Class D license from the State of Colorado, selected by the Town Council of the Town of Dinosaur to be charged with the enforcement of applicable Colorado statutes, this Title, and any regulations promulgated thereunder.
8.32.060 Licensed Contractor.
“Licensed Contractor” means any person, firm, or corporation licensed by the Town of Dinosaur, for the purpose of making any connections, alterations, or changes in the physical facilities of the sanitary sewer system.
8.32.070 Public Sewer.
“Public Sewer” means the Town’s sewer system that carries liquid and water carried waste from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm, and surface waters which are not admitted intentionally.
(Ord. 70, §3, 1988)
- 8.34 Wastewater Collection System Generally
-
8.34.010 Sanitary Sewer System Established.
8.34.020 Administrative Powers.
8.34.010 Sanitary Sewer System Established.
There is hereby created and established a sanitary sewer system for the express purpose of carrying and disposing of human waste, and not for the purpose of carrying industrial waste, except as herein specifically provided. It is further declared that the sanitary sewer system shall not be used as a drainage system, and was not designed or built for lowering the water table, nor for carrying away rain or drainage water within the corporate limits of the Town of Dinosaur.
(Ord. 70, §1, 1988)
8.34.020 Administrative Powers.
The Town Council of the Town of Dinosaur shall have the immediate control and management of the sanitary sewer system and shall perform all acts that may be necessary for the prudent, efficient, and economical management and protection of said sanitary sewer system. The Council may delegate such powers as it deems appropriate to a Sanitary Sewer Department. The Council shall have the power to prescribe such other further rules, rates, and regulations conferred upon it under and by virtue of the provisions of Section 31-35-401, et. seq., C.R.S., as amended, and shall have such other power and authority as may hereafter be conferred upon it by law.
(Ord. 70, §2, 1988)
- 8.36 Wastewater Collection Systems, Regulations Concerning Connections, Discharges
-
8.36.010 Privies and Septic Tanks Prohibited.
8.36.020 Connection to Sewer Required.
8.36.030 Connection Permit Required.
8.36.040 Connection Permit Application.
8.36.050 Sewer Connections.
8.36.060 Conformance with Rules, Regulations, and Specification Standards.
8.36.070 Discharge of Certain Materials Prohibited.
8.36.080 Tap Fees.
8.36.090 Collection, Lien-Perpetual Lien.
8.36.100 Road and Street Cuts.
8.36.110 Cleaning of Service Lines.
8.36.120 Entry onto Private Property.
8.36.130 Abandonment Prohibited.
8.36.140 Interference Prohibited.
8.36.150 Town Responsibility.
8.36.160 Recovery of Costs.
8.36.170 Malicious or Negligent Damage.
8.36.180 Penalties.
8.36.010 Privies and Septic Tanks Prohibited.
It shall be unlawful for any person to maintain within the Town any privy, privy vault, septic tank, cesspool, or other facility for use for the disposal of sewage, except when not accessible.
(Ord. 70, §4, 1988)
8.36.020 Connection to Sewer Required.
The Town Council deems it necessary for the protection of the public health, safety, and welfare that the owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the Town, install, at the owner’s expense, suitable toilet facilities therein, and connect such facilities directly with the proper public sewer in accordance with the provisions of this Chapter.
(Ord. 70, §5, 1988)
8.36.030 Connection Permit Required.
It is unlawful to open, uncover, or in any manner make connection with any sewer main line of the Town, or to lay drain or sewer pipes on any premises or in any street or alley in the Town without first obtaining a written connection permit from the Town of Dinosaur.
(Ord. 70, §6, 1988)
8.36.040 Connection Permit Application.
A. The application for the connection permit shall be in writing on a form provided by the Town, which shall require at least the following information, together with any plans, specifications, or other information considered pertinent in the judgment of the inspector:
1. Name and address of applicant;
2. Name and address of owner of the premises where the connection is to be made, or where the drain or line is to be laid;
3. Location of the proposed connection, drain, or sewer pipe;
4. Statement as to the type, materials, and method of connection and the type of materials to be discharged into the sewer.
B. The Town shall issue a permit for such connection if the application contains all of the required information and the inspector finds that the proposed connection complies with all the provisions of the applicable ordinances of the Town and the sewer installation regulations of the Town. The connection permit shall specify the type and kind of connections and grease and sand traps to be used, if any, together with the specifications of construction.
C. An inspection and materials fee shall be assessed for each connection permit issued pursuant to this Chapter in excess of five (5) permits within any twelve (12) month period issued to any one owner or applicant. Such charge shall defray the cost of materials, inspection, and labor incident to connection of the sewer service line. the amount of the inspection and materials fee shall be determined by the Town at the time of the application for the connection permit.
(Ord. 70, §7, 1988)
8.36.050 Sewer Connections.
A. No more than one (1) building or dwelling shall be permitted to use a sewer service line, with the exception of campgrounds and mobile home parks which shall be permitted to have multiple users on a service line, subject to the approval of the inspector. Provided, however, the Town does not and will not assume any obligation or responsibility for damage caused by, or resulting from, such multiple use. No such connection shall be approved without the written approval of, and an agreement to hold the Town harmless from any damage resulting from such multiple use connections.
B. Building sewers for existing buildings may be used in connection with new buildings only when they are found, upon examination and testing by the inspector, to meet all requirements of the Municipal Code and any sewer installation regulations of the Town.
C. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, the means of lifting and discharging to the public sewer of the sanitary sewage carried by such building drain shall be approved by the inspector.
D. No person shall make connection of roof downspouts, foundation, or floor drains, area way drains, or other sources of surface run-off or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sewer.
E. The building drain line commencing at the exterior foundation wall and terminating at the main sewer distribution line shall be of a type of pipe that affords leak-tight joints and of a material to resist deterioration by elements of nature and shall comply with any sewer installation regulations of the Town. The pipe shall be not less than four inches (4”) in diameter with a smooth surface for each building or dwelling unit, unless otherwise determined by the inspector. Said line shall not be connected to or run through any type of cesspool or septic tank. Said line shall be constructed in a manner to positively prohibit ground seepage water entering the system and no roof, gutter, or yard drain shall at any time be allowed to run water into the sewer system. The drain line shall be laid to a uniform alignment with a slope of not less than one-eighth inch (1/8”) per foot. It shall be the responsibility of the owner, applicant, contractor, and the Town to ensure that all cesspools and septic tanks are removed from use and filled in a safe and sanitary condition.
All connections of the building sewer into the public sewer shall be made gas tight and verified by proper testing. Any deviation from the procedures and materials prescribed in this Chapter and any sewer installation specifications of the Town must be approved by the inspector before installation. The applicant for a building sewer permit shall notify the inspector when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the inspector or his representative. The work may be performed by a contractor upon approval by the inspector.
F. All excavation for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored by the owner, at the owner’s expense, in a manner satisfactory to the Town.
G. All costs and expenses incidental to the installation connection for the building sewer shall be borne by the owner of the property on which it is installed. The owner shall be responsible for installing the service line from the building to the main distribution line. the Town of Dinosaur shall then be responsible for proceeding with the tap to the main sewer line. If the owner’s property does not have a sewer main distribution line adjacent to the property, the owner shall be required to pay the cost of extending the main distribution line to his furthermost property line in accordance with the Town’s specifications.
(Ord. 70, §8, 1988)
8.36.060 Conformance with Rules, Regulations, and Specification Standards.
The size, slope, alignment, and materials of construction of all public sewers, including building sewers, the method to be used in excavating, placing of the pipes, jointing, testing, backfilling the trench, and connection of the building sewer into the public sewer, shall all conform to the requirements of all applicable Town ordinances, regulations, and specifications which may be adopted by the Town Council by resolution. When so approved, said regulations shall have the same force and effect of any ordinance of the Town.
(Ord. 70, §9, 1988)
8.36.070 Discharge of Certain Materials Prohibited.
A. It shall be unlawful to discharge any substance into the Town’s sanitary sewer system which causes:
1. Chemical reaction or mechanical action which will damage the sewer system or waste water treatment plant;
2. Restriction on the hydraulic capacity of any part of the sewer system;
3. Violation of the conditions of the Town’s pollution discharge and elimination system permits;
4. Contamination of sewage sludge or limits the re-use of the sewage sludge;
5. Increased danger of fire or explosion;
6. Concentrations of gases or vapors which pose a threat to life or safety.
B. It shall be unlawful to discharge any of the following substances into the Town’s sewer system:
1. Industrial waste;
2. Petroleum products;
3. Clear water, such as ground water, water from roof drains, spring water, irrigation water, or storm water;
4. Flammable substances with a flash point lower than 187°F;
5. Substances with a temperature outside the range of 32° - 150°F;
6. Substances having a pH less than 5.0 or greater than 10.0;
7. Radioactive waste;
8. Any of the toxic pollutants identified by the United States Environmental Protection Agency.
C. It shall be unlawful to discharge sanitary sewage from any vehicle except at locations and in a manner approved by the Town.
(Ord. 70, §10, 1988)
8.36.080 Tap Fees.
In order to defray a portion of the physical plant requirements, each applicant or owner, effective July 1, 2008, before making connection to the Town’s sanitary sewer system, shall be required to pay a tap fee in the amount of $800.00.
(Ord. 70, §11, 1988; Amended Ord. 119, §1, 2008)
8.36.090 Collection, Lien-Perpetual Lien.
All the rates, charges, and assessments provided by this Title shall be paid by the owner or owners of the property serviced, and all such water rates from the time the same shall become due and chargeable, shall become and remain a lien on the premises until the rates and charges have been paid to the Town. This lien on the premises may foreclosed by an action at law or in equity in the name of the Town in any court having jurisdiction thereof. In the event the charges are not paid when due, the Town Treasurer may certify the amount of the charge to the County Treasurer, to be by him/her placed on the tax list for the current year, and to be collected in the same manner as other taxes are collected, with ten percent (10%) added to defray the cost of collection. All laws of the State for the assessment and collection of general taxes, including the laws for the sale of property for unpaid taxes and redemption of the same, shall apply. In addition to having a lien on the premises for unpaid sewer rates and charges, the Town shall have the right to terminate sewer service and refuse to furnish sewer service to any premises until all delinquent charges are paid in full. This provision may be enforced against the subsequent tenant, owner, or occupant of the premises upon which the lien exists.
In addition to all other penalties, any sewer rate or charge not paid within thirty (30) days after the date when same became due, shall be assessed interest on the unpaid balance at the rate of one and one-half percent (1 ½%) per month, or an annual percentage rate of eighteen percent (18%).
(Ord. 70, §14, 1988)
8.36.100 Road and Street Cuts.
The responsibility for making any cuts into or across any road or street shall be solely that of the applicant, and no permit or license granted by the Town of Dinosaur shall be construed to mean that the Town shall be liable for damages to any road or streets due to such cuts being made. If for any reason a street cut is made, it shall be the responsibility of the applicant to repair the street with material and in a manner acceptable to the Town of Dinosaur.
(Ord. 70, §15, 1988)
8.36.110 Cleaning of Service Lines.
It shall be the sole responsibility of the property owner to clean, service, and maintain his service line between the building drain and the main sewer distribution line of the Town of Dinosaur. The property owner shall keep said line in good repair at all times so there can be no improper infiltration of water through said line.
(Ord. 70, §16, 1988)
8.36.120 Entry onto Private Property.
A. The inspector and any other duly authorized employee of the Town, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing pertinent to sewage discharge into the Town’s public sewer system in accordance with the provisions of this Chapter. While performing work pursuant to this Chapter, all employees of the Town shall observe all safety rules applicable to the premises established by the Owner or contractor for its own employees.
B. The Inspector and other duly authorized employees of the Town, bearing proper credentials and identification, shall be permitted to enter all private properties through which the Town holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, maintenance, or replacement of any portion of the Town’s sewer system lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the easement.
(Ord. 70, §17, 1988)
8.36.130 Abandonment Prohibited.
No person or entity shall abandon any building, drain, or other connection with the Town’s public sewer system without first obtaining a permit therefor. Such building connection shall be effectively sealed with an appropriate stopper inserted in a manner directed by the Town.
(Ord. 70, §18, 1988)
8.36.140 Interference Prohibited.
It shall be unlawful for any person to, in any way, interfere with the employees of the Town in the discharge of their duties in the tapping of any sewer pipe, main, or lateral, or conducting inspections authorized in this Chapter.
(Ord. 70, §19, 1988)
8.36.150 Town Responsibility.
The Town shall be responsible for the repair and maintenance of all public main distribution sewer lines.
(Ord. 70, §20, 1988)
8.36.160 Recovery of Costs.
Any discharger violating any of the provisions of this Chapter, or who discharges or cause a discharge producing a deposit or obstruction, or causes damage to or impairs the Town’s sanitary sewer system shall be liable to the Town for any expense, loss, or damage caused by such violation or discharge. The Town shall bill the discharger for the costs incurred by the Town in any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed cost shall constitute a violation of this Chapter, enforceable as elsewhere provided in this Title, including Section 5.36.090.
(Ord. 70, §21, 1988)
8.36.170 Malicious or Negligent Damage.
It shall be unlawful for any person to maliciously, willfully, or negligently break, damage, or destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the Town’s public sewer system.
(Ord. 70, §22, 1988)
8.36.180 Penalties.
Any person, firm, or corporation violating any of the provisions of this Chapter shall be deemed guilty of a criminal offense and, upon conviction thereof, shall be punished by a fine not to exceed Three Hundred and No/100 dollars ($300.00) or by imprisonment in the Moffat County jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment. Each separate date, or portion thereof, during which any violation of said provisions occur or continues, shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided. Any violation of a provision of this Chapter shall be deemed a “strict liability” offense.
(Ord. 70, §24, 1988)
- 8.38 Wastewater Collection Service Usage and Charges
-
8.38.010 Sewer Rates and Charges.
8.38.020 Applicability of Sewer User Charges.
8.38.010 Sewer Rates and Charges.
A. That all rates and charges for municipal wastewater collection and treatment service shall be billed on a monthly basis. There shall be no reduction in rates or charges, or any rebates thereof, for use for less than the full monthly period, except for rates charged users making new connections to the Town’s wastewater system, which rates shall be pro-rated on the basis of the number of days remaining in the billing period in which the new connection is made. Payment for wastewater collection service shall be for use during the preceding monthly billing period.
B. Beginning on the first day of January, 2015 and on the first day of the month thereafter, the following wastewater rates shall be assessed and charged:
Wastewater Rates
Residential
$20.45
Commercial
$27.22
Motel & Laundry
$38.11
School
$65.88
Duplex
$61.35
RV Park
$27.22 per meter
C. The above rates for wastewater (sewer) service shall be increased annually in September of each year until 2033 by 2.75% or the consumer price index (CPI) whichever is greater.
(Ord. 70, §12, 1988; Amended Ord. 2015-3, §2, 2015)
8.38.020 Applicability of Sewer User Charges.
If water service is provided to a residential unit, building, or structure, whether or not occupied, the owner shall pay the sewer service charges herein provided.
(Ord. 70, §13, 1988)
- 9.12 - Animal Control
-
9.12.010 Definitions.
9.12.020 Rabies Control.
9.12.030 Registration-Annual License Fee-Time of Payment.
9.12.040 Dog Tag and Collar.
9.12.050 Animals Running at Large.
9.12.060 Impounding.
9.12.070 Notice of Impounding and Fees.
9.12.080 Disposition of Unclaimed Animals.
9.12.090 Vicious Animal Prohibited.
9.12.100 Reporting Animal Bites.
9.12.110 Confinement of Biting Dogs and Cats.
9.12.120 Permits and Housing of Guard Dogs.
9.12.130 Diseased or Infected Animals.
9.12.140 Sick and Injured Animals.
9.12.150 Inhumane Treatment.
9.12.160 Barking Dogs.
9.12.170 Female Dog in Heat.
9.12.180 Dead Animals.
9.12.190 Sanitation.
9.12.200 Livestock.
9.12.210 Enforcement Agent, and/or Agency.
9.12.220 Right of Entry by Enforcement Agents Interfering with, Obstructing, Etc. of Enforcement of Chapter.
9.12.230 Safety of Police Officers and/or the Public.
9.12.240 Penalties.
9.12.010 Definitions.
A. “Owner or Animal Owner” shall include any persons, firm, association, or corporation owning, keeping or harboring an animal or who shall suffer or allow any animal to remain or be kept on or about his/her premises for a period forty-eight (48) hours or more.
B. “Animal” as used in this Title, shall include all warm blooded mammals, other than homo sapiens, both domesticated and undomesticated. Animal shall include both the male or female, whether or not neutered or sterilized.
1. The term “dog” shall include any animal of canine species regardless of sex.
2. The term “cat” shall include any animal of feline species regardless of sex.
3. The term “livestock” shall mean any bovine animal, swine, horse, mule, ass, sheep or goat.
C. “Vicious Animal” shall mean any animal that inflicts unprovoked bites, scratches, or other injuries or attacks human beings or other animals either on public or private property, or in a vicious or terrorizing manner approaches any person in an apparent attitude of attack, upon the streets, sidewalks or any public or private grounds or places or in any store, shopping area or other facility frequented by the public.
D. “At Large” shall mean off the premises of the owner or other person in possession of the animal and not under the control of such owner, other person, his agent, or a member of his immediate family, by leash, cord, or chain not to exceed eight feet (8’) in length.
E. “Premises” shall mean real property owned, rented, leased, used, kept or occupied by the animal owner.
F. “Certificate” shall mean a statement by a licensed veterinarian specifically describing the animal.
G. “Rabies Vaccination” shall mean the inoculation of a dog, cat, or other animal with a rabies vaccine approved by the Colorado Department of Public Health and Environment.
H. “Bodily Injury” shall mean an injury caused by animal bite, scratch, or attach whereby at a minimum, the skin is broken, exterior bleeding occurs or bruised conditions arise as a direct result of said bite, scratch or attack and emergency medical treatment by a licensed physician is reasonably necessary.
I. “Town” shall mean within the corporate limits of the Town of Dinosaur, Colorado.
J. “Town Marshal” as used in this Title shall mean Town Marshal, other law enforcement officers, or persons employed by the Town of Dinosaur to enforce this Title.
(Ord. 46, §1, 1979)
9.12.020 Rabies Control.
A. Every person owning a harboring a dog or cat three (3) months of age or older shall each year or every two (2) years if approved by the Colorado Department of Public Health and Environment cause such dog or cate to be vaccinated against rabies with a vaccine approved by the Colorado Department of Public Health and Environment by a veterinarian licensed to practice veterinary medicine in the State of Colorado.
B. Any owner who acquires or commences the harboring of a dog or cat of the current calendar year, shall within five (5) days following such acquisition or harboring cause such dog or cat to be inoculated against rabies for the remaining portion of that calendar year.
C. If other species of animals are vaccinated, such vaccination shall be with a vaccine approved by the Colorado Department of Public Health and Environment.
D. Upon application for a dog license, the applicant shall exhibit to the Town Clerk a certificate from a licensed veterinarian that the animal has been inoculated against rabies as required by this Section.
E. Such certificate shall contain the following information:
1. The name, address and telephone number of the owner or person in control of said animal.
2. The date of inoculation.
3. The type of vaccine used.
4. The year and series number of the rabies tag.
5. The breed, age, color and sex of the inoculated animal.
F. In the event of loss or destruction of the original tag, provided by the veterinarian administering the inoculation, the owner shall obtain a duplicate tag from the same veterinarian upon providing proof of said vaccination by presenting the original certificate or other satisfactory proof of vaccination to the same veterinarian and requesting a duplicate tag.
G. The owner shall also report in writing to the Town Marshal said loss or destruction of the original tag and provide the Town Marshal with the current rabies tag number.
(Ord. 46, §2, 1979)
9.12.030 Registration-Annual License Fee-Time of Payment.
A. Any owner residing within the Town, whose dog is over the age of three (3) months shall, each year, on or before the 1st day of April for the current year pay to the Town Clerk a license fee of two dollars ($2.00) for each castrated male dog or spayed female dog, and a license fee of ten dollars ($10.00) for each male dog not castrated or each unspayed female dog owned, kept, or harbored by him.
B. No license shall be issued in the amount of two dollars ($2.00) for castrated male dogs or spayed female dogs except when presentation of a certificate to the Town Clerk is made certifying that such dog has either been castrated or spayed. Such certificate shall be issued by a licensed veterinarian.
C. In the event of the loss or destruction of the original license tag the owner of the dog shall obtain a duplicate tag from the Town Clerk. The price of such duplicate tag shall be two dollars ($2.00).
(Ord. 46, §3, 1979)
9.12.040 Dog Tag and Collar.
A. Upon payment of the license fee required by the foregoing Section 9.12.030, the Town Clerk shall issue to the owner a license receipt and a numbered metal tag with the year of issuance stamped thereon, for each dog so licensed. The tag, as issued, together with the tag evidencing vaccination of said dog, shall be attached to a collar or harness to be worn by the dog so licensed at all times.
B. Neither the license tag nor the tag evidencing vaccination shall be transferrable from one dog to another.
C. It shall be unlawful for any person to fail or refuse to exhibit his/her copy of the dog license receipt and his/her certificate of vaccination upon demand to any person charged with the enforcement of this Title.
(Ord. 46, §4, 1979)
9.12.050 Animals Running at Large.
A. It shall be the duty of the owner or other person in possession of any dog, cat, pet animal, or animal described as livestock to restrain said animal(s) from running at large or trespassing on any person’s private property or on public property, and it shall be unlawful for any person to fail to comply with the duty of restraining an animal of which he/she is the owner, keeper, or possessor. Any dog or other animal found in violation of this Section shall be deemed “at large.”
B. Cat owners are subject to the penalties and procedures as described in this Title, except cats are not required to wear collars or harnesses.
C. It shall also be the duty of the owner or other person in possession of any dog, or other pet animal to maintain control over that animal by means of a leash, cord, or chain, not to exceed eight feet (8’) in length, at all times when the animal is not otherwise restrained in or upon the property or premises of said owner or other person.
D. No cat, dog, or other pet animal may be released until vaccinated for rabies as prescribed in Section 9.12.020 of this Chapter and all fees and/or costs incurred by the impounding are paid to the Town Clerk and a receipt from the Town Clerk is presented to the person in charge of an animal care facility.
(Ord. 46, §5, 1979)
9.12.060 Impounding.
It shall be the duty of the Town Marshal or any law enforcement officer to seize and impound in a suitable animal care facility, any dog or animal described as livestock found off the premises of the owner.
(Ord. 46, §6, 1979)
9.12.070 Notice of Impounding and Fees.
A. The owner, or other person in possession of any impounded animal, if known, shall be notified by the officer impounding same, that said animal has been impounded. If no owner or other person caring for said animal can be found, a notice describing the animal and the place and time of its taking shall be posted in the Town Hall and on the Town’s website for three (3) days.
B. The owner or any person claiming the animal shall, within three (3) days of the date of impounding of the animal, pay all fees for the impounding of the animal.
C. If the animal is a dog the owner or other person claiming the dog shall obtain a license for the dog if the dog is unlicensed and a vaccination tag for said dog if unvaccinated and attach both said license and tag to the collar or harness of the dog prior to the dog’s release.
D. The animal shall be released to said owner or other person upon payment to the Town Clerk of the following fees and/or costs incurred by the impounding:
1. For impounding:
Animal’s first offense
$5.00
Animal’s second offense within 12 months
$15.00
Animal’s third offense within 12 month period
$25.00
2. For keeping any dog or cat in the Town’s animal care facility, $3.00 per day for all animals not exceeding 30 pounds body weight; $3.50 per day for any dog in excess of 30 pounds body weight; $4.00 per day for livestock, including horse, goats, mules, swine, etc.
E. A receipt from the Town Clerk for the fees hereinabove described, together with a license receipt in the case of an impounded unlicensed dog and a vaccination certificate and tag must be exhibited to the person in charge of the animal care facility before any impounded dog may be released.
F. A receipt from the Town Clerk for the fees herein described, together with a vaccination certificate and tag, in the case of unvaccinated cat, must be exhibited to the person in charge of the animal care facility before any impounded cat may be released.
(Ord. 46, §7, 1979)
9.12.080 Disposition of Unclaimed Animals.
Any impounded animal which has not been claimed as provided for in the foregoing Section 9.12.070 may, at the end of the three (3) day period, be disposed of by the Town Marshal, except as provided in Section 9.12.110 below, Biting Dogs and Cats.
(Ord. 46, §8, 1979)
9.12.090 Vicious Animals Prohibited.
A. It shall be unlawful for any person to own, keep, harbor or possess any vicious animal anywhere in the Town except as provided in Section 9.12.120, Guard Dogs, provided however, that an animal shall not be deemed a vicious animal by reason of having bitten or attacked the following:
1. Any person engaged in the unlawful entry into or upon the animal owner’s property where such animal is kept.
2. Any person engaged in the unlawful entry into or upon the animal owner’s automobile or other vehicle wherein the animal is confined, or which is parked in or upon the owner’s property.
3. Any person engaged in attempting to stop an altercation between such animal and another animal.
B. For the purpose of this Section, a person is lawfully upon the private property of such owner when he/she is on the property in the performance of any duty imposed upon him by the laws of this State, County or Town, or the laws or postal regulations of the United States, or when he is on such property upon the invitation, expressed or implied, of the owner thereof.
C. It shall be the duty of the Town Marshal or any law enforcement officer of the Town of Dinosaur to investigate all complaints concerning vicious or dangerous animals. After investigation the Town Marshal or any law enforcement officer of the Town of Dinosaur shall make a determination as to whether such animal should be confined pursuant to Section 9.12.110, Confinement of Biting Dogs and Cats.
D. If the Town Marshal or any law enforcement officer of the Town of Dinosaur deems an animal to be vicious, it shall be his duty to issue a written warning to the owner of the animal stating such viciousness, if the owner is known, and/or he shall prepare charges in Municipal Court against the owner thereof, if known, alleging the vicious propensities of the animal.
E. If the Municipal Court Judge finds that the evidence presented substantiates such charge the Judge shall order the animal’s owner to restrict the animal as prescribed in Section 9.12.110, Confinement of Biting Dogs and Cats, or order the dog to be destroyed by the Town Marshal or any law enforcement officer, in an approved humane manner.
F. It shall be the duty of the Town Marshal or any law enforcement officer to seize and impound any vicious animal found in violation of this Section, whether or not said vicious animal is on or off the premises of the owner.
After making every reasonable attempt to seize such animal, including the solicitation of assistance form the animal’s owner, if such owner be immediately ascertainable and available, if said officer determines that said vicious animal cannot be seized without exposing the officer himself and/or other persons to danger or personal injury from such vicious animal, it shall be lawful for said officer to destroy such animal without notice to the animal owner, keeper, possessor, and the animal’s owner shall have no recourse against the Town or its representatives charged with the enforcement of this Section.
G. Any animal who has been the subject of action under this Section as a vicious animal for unprovokedly biting, attacking, or menacing a person or other animal, and whose owner or responsible party has pled guilty or been found guilty of such violation and who subsequently unprovokedly bites or attacks a person or other animal shall be immediately impounded by the Town Marshal or any law enforcement officer and held for a period of ten (10) days for quarantine and shall thereafter be humanely destroyed unless the owner or possessor of said animal, within said ten (10) days period, shows just cause to the Municipal Judge why said animal should not be destroyed.
H. The owner of said animal shall be responsible for and shall pay all costs of impoundment and destruction of the animal.
(Ord. 46, §9, 1979)
9.12.100 Reporting Animal Bites.
A. Any person having knowledge that an animal has bitten a human shall immediately report the incident to the Town Marshal and/or to other law enforcement officials, or to the Colorado Department of Public Health and Environment.
B. Every physician or other medical practitioner who treats a person or persons for such bites shall within twelve (12) hours report such treatment to the Town Marshal and/or to the Colorado Department of Public Health and Environment, giving the name, age, sex, and precise location of the bitten person or persons and such other information as the officer or agency may required.
C. Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog, cat, or other domestic or wild animal shall immediately report the incident to the Town Marshal and/or to the Colorado Department of Public Health and Environment stating precisely where such animal may be found.
D. If a known or suspected rabid animal bites or attacks a domestic animal such incident shall also be reported as required above.
(Ord. 46, §10, 1979)
9.12.110 Confinement of Biting Dogs and Cats.
A. A dog, cat, or other animal which has bitten a person shall be observed for a period of ten (10) days from the date of the bite. The procedure and place of observation shall be designated by the investigating Town Marshal or other law enforcement officer.
B. If the animal is not confined on the owner’s premises, confinement shall be by impoundment in the Town’s animal care facility.
C. Stray animals whose owners cannot be located shall be confined in the Town’s animal care facility.
D. The owner of any animal that has been reported to have inflicted a bite on any person shall, on demand, produce such animal for impoundment as prescribed in this Section.
E. If the said owner or harborer of any such animal refuses to produce said animal, said owner or harborer shall be subject to immediate arrest if there shall be probable cause to believe said animal has inflicted a bite upon a person and the owner or harborer is keeping said animal and willfully refuses to produce said animal upon such demand, and shall be taken by a law enforcement officer before a Judge of the Municipal Court who may order the immediate production of said animal. In addition, said owner may be cited into Municipal Court for violation of this order to produce said biting animal.
F. If the owner or harborer of any such animal shall willfully and knowingly secrete or refuse to produce said animal, each day of such secretion or refusal to produce said animal, shall be a violation of this Section, and each dog shall constitute a separate violation.
G. It shall be unlawful for the owner or harborer of any dog that has bitten a person, or has been exposed to rabies, or in any manner is suspected of having rabies to destroy or to dispose of such animal before said animal can be properly confined by the Town Marshal.
H. It shall be unlawful for the owner or for any other person to allow any animal which is under confinement to come into contact with the public or with any other animal.
I. When an animal under confinement and quarantine has been diagnosed by a licensed veterinarian as being rabid the veterinarian making such diagnosis shall immediately notify the Town Marshal and the Colorado Department of Public Health and Environment of such fact and shall advise them of any reports of human contact with such rabid animal.
J. If any animal under confinement dies while under observation the Town Marshal shall immediately take action to obtain a pathological and inoculation examination of the animal. As soon as a diagnosis is made available, the Town Marshal shall notify the applicable official of the State of Colorado Department of Public Health and Environment of any known human contact with the animal.
(Ord. 46, §11, 1979)
9.12.120 Permits and Housing of Guard Dogs.
A. It is conducive to the promotion of the health and general welfare of the inhabitants of this Town to require permits for guard dogs used to protect property, and to establish regulations for the proper and safe use of guard dogs used for protecting property.
1. GUARD DOG. Any dog that is utilized to protect persons and/or property.
2. HANDLER. A person who is responsible for and capable of controlling the operations of a guard dog.
3. HOUSING. Any location where the guard dog is kept when not used for protection purposes.
4. ANTI-ESCAPE. Any housing, fencing or device which the guard dog cannot go over, under, through or around.
B. Permits. A guard dog permit must be applied for each property where guard dogs are to be used. Procedures for permit application, for inspection of guard dog facilities, and for issuance of dog identification tags will be established by the Town Marshal.
1. Permits for both permanent and temporary locations may be transferred to a new location operated by the same business or firm or person during the license year, however, such transfers shall not be effective until the Town Marshal has inspected and approved required facilities at the new location and the information required below for permit applications has been recorded.
2. Five (5) working days advance notification shall be required for permit transfers.
3. Permit applications shall include the following:
a. The business name.
b. The name of the person responsible as a handler of the guard dog.
c. Addresses and telephone number(s) of the commercial property where guard dogs are to be used.
C. All gates and entrances to the area where the guard dog is housed, used, or trained must be kept locked when not in use.
D. Additional measures judged necessary by the Town Marshal must be taken to protect the public from accidental contact with any guard dog.
E. Where guard dogs are used outside buildings, the area must be enclosed by at least a six foot (6’) chain link fence or other fence of equal security, wall, or adequate wood fence to which anti-escape devices have been added. The adequacy of the fencing shall be subject to the approval of the Town Marshal prior to keeping any guard dog within the confines of said fence.
F. In order to control noise a sight barrier which breaks the dog’s line of sight may be required by the Town Marshal.
G. In buildings where guard dogs are used, exterior glass must be adequate or additional protective measures may be required to be taken by the owner to prevent the dog form jumping through it.
H. The building and yard in which a guard dog is used must be posted with signs reading “DANGER-GUARD DOG.” Such signs shall be printed with letters not less than two inches (2”) in height and approved by the Town Marshal. Guard dog signs shall not be more than one-hundred feet (100’) apart and shall be posted at all property corners and at every entrance into the area.
I. For guard dogs either transported or utilized in vehicles, measure prescribed by rule and regulation by the Town Marshal must be taken to protect from accidental contact with a guard dog.
J. A handler is required to be physically present and in full control of the dog(s) while guard dog(s) are being used at temporary sites which do not comply with this Section or at those locations that do not comply with the provisions of this Section concerning permanent locations.
K. The licensee or permittee of any license or permit issued pursuant to this Chapter, does hereby consent and agree to the entry upon the premises described in said license or permit by the Town Marshal or any law enforcement officer for the purpose of conducting such inspections as are required by this Chapter or other applicable law.
L. Any dog which is a guard dog as defined in this Section, found in violation of this Section, may be immediately seized and impounded by the Town Marshal or a law enforcement officer. The owner, keeper, handler, or other person charged with the care of the guard dog may, in addition be cited into Municipal Court for violation of this Section.
M. The Town Marshal, upon full compliance with the provisions of this Section may issue a permit for a guard dog pursuant to subsection (B) above.
(Ord. 46, §12, 1979)
9.12.130 Diseased or Infected Animals.
A. Whenever it shall become necessary to safeguard the public health of the inhabitants of the Town from animals which may be infected with any disease dangerous to the health of the inhabitants or other animals of the Town, the Mayor, if he deems it necessary, shall issue a proclamation requiring the owners of all animals or animal species suspected of being infected within the Town, to have such animal(s) vaccinated or otherwise treated for such disease and prohibiting all animals infected or suspected of being infected with such disease, from running at large for such time as shall be prescribed by a licensed veterinarian.
B. Any animal found running at large within the Town contrary to any such proclamation shall immediately be impounded, separate and apart from all other animals then in the Town’s animal care facility. No such animal shall be released until the impounding fees required by Section 9.12.070 shall have been paid and until presentation of a certificate showing the animal to be in good health and free from such disease is made to the person in charge of the Town’s animal care facility.
C. Any unclaimed animal impounded under the provisions of this Section and suffering from any such disease shall be destroyed. Any animal found running at large suffering from an incurable disease contagious to other animals and which would cause inhumane suffering to any animal so infected shall be destroyed.
(Ord. 46, §13, 1979)
9.12.140 Sick or Injured Animals.
When a stray animal, or an animal whose owner is unknown is sick, injured, or disabled, the Town Marshal or any law enforcement officer shall seek proper veterinary medical care or treatment for said animal. If in the sole judgment of said officer, said animal is sick, injured, or disabled to the extent that further aggravation of its condition would result from transport to a clinic or, if in the opinion of the officer, the animal should be destroyed, said officer may do so in a humane manner to prevent further suffering by the animal without recourse by the animal’s owner to the Town Marshal, or the Town.
(Ord. 46, §14, 1979)
9.12.150 Inhumane Treatment.
A. It shall be unlawful for any person to commit or cause to be committed any act of cruelty, harassment, or torture, to any animal, or intentionally cause such animal to be mutilated or inhumanely killed. Ownership, or the commission of such acts of cruelty on private property shall not be a justifiable defense for violation of this Section.
B. It shall be unlawful for any person to poison any domestic animal or to distribute poison or toxicants on public or private property in any manner whatsoever with the intent of poisoning any domestical animal.
C. It shall be unlawful for any person to willfully abandon any animal, or to withhold food or water from any animal such that its health is endangered, or it is caused to suffer unduly.
D. It shall be unlawful for any person to set upon his property within the corporate limits of the Town any stakes, pits, snares, traps, poison, or other device or substance calculated to cause hurt, injury or death to any domestic animal. The fact that such device or substance is found or located on such land shall be presumptive evidence that the same was set by the person in charge and control of such land.
(Ord. 46, §15, 1979)
9.12.160 Barking Dogs.
A. It shall be unlawful for any person to own, possess, or keep, any dog which shall disturb the peace and quiet of any person within the Town by persistent or continual barking, yelping, or howling.
B. Prior to issuing a citation, the Town Marshal or his designee shall issue a warning to the owner, possessor, or keeper of said dog. In addition to the penalties provided herein for the violation of this Chapter, any barking dog may be seized and impounded by the Town Marshal or any law enforcement officer whether or not the barking dog is on or off the premises of the owner, possessor, or keeper of the said dog, and said dog may only be released to the owner, possessor, or keeper of said dog upon the payment of all fees herein required, and said dog is muzzled or otherwise prevented from a repetition of such continual, persistent, barking, yelping, or howling.
C. Any dog who has twice been the subject of an action under this Section for disturbing the peace by constant or persistent barking, yelping, or howling, and whose owner or person in charge of the dog has pleaded guilty or been found guilty of such violations, is hereby declared to be a public nuisance and shall be seized and impounded by the Town Marshal or any law enforcement officer whether or not such barking dog is on or off the property of the owner, possessor or keeper.
D. The Town Marshal or other law enforcement officer shall prepare charges in Municipal Court alleging the nuisance propensities of the dog and the Judge of the Municipal Court shall order the dog confined so as to prevent the dog from being a nuisance or shall order the Town Marshal or law enforcement officer to humanely destroy said dog.
E. The owner of said shall be responsible for and shall pay all costs of impoundment and destruction.
(Ord. 46, §16, 1979)
9.12.170 Female Dog in Heat.
A. It shall be unlawful for the owner, possessor, or keeper, of any female dog to permit the same to run at large while such animal is in estrus (in heat or season), or to permit the same to create any nuisance by attracting other animals to the premises.
B. If after notice by the Town Marshal or any law enforcement officer, the owner, keeper, or possessor of said female dog in heat does not properly confine said animal, the Town Marshal or any law enforcement officer may take up and impound said female dog and said dog shall not be released from impoundment unless the owner or person in control of said dog establishes that he has proper facilities for caring for and confining said dog.
C. Neither the Town nor any representative thereof shall be held responsible for any impregnancy occurring due to such impoundment.
(Ord. 46, §17, 1979)
9.12.180 Dead Animals.
A. When any animal shall die within the corporate limits of the Town it shall be the duty of the owner or person in control thereof to remove the body of such animal immediately and properly bury or cremate the same.
B. If such animal shall not be forthwith removed, the owner, possessor, or keeper of said animal be subject to the penalties provided by this Title.
(Ord. 46, §18, 1979)
9.12.190 Sanitation.
A. For the protection of the public health, it shall be the duty of every person who keeps any animal or fowl within the Town, at all times to maintain the premises where any such animal or fowl is kept in a sanitary condition, to prevent the hatching of fly or insect larvae and to prevent offensive odors emanating therefrom.
B. All fecal waste shall be removed as necessary from the premises and shall be placed in fly-tight containers and kept closed at all times. The contents of said containers shall be removed from the Town as necessary.
C. The maximum number of dogs or cats on the premises shall not exceed four (4) each, after attaining the age of four (4) months.
D. The premises of any animal or fowl owner, keeper, or possessor shall at all reasonable hours be subject to inspection by the Town Marshal or any other law enforcement officer upon reasonable advance notice to the owner, keeper, or possessor.
E. Any owner of any animal or fowl who refuses to comply with a verbal or written order pursuant to this Section, by the Town Marshal or any other law enforcement officer upon reasonable advance notice to the owner, keeper, or possessor commits a municipal offense.
F. The Judge of the Municipal Court shall order the owner to remove all fecal matter, trash or other obnoxious matter or substances, and to maintain the premises in a sanitary manner as prescribed in this Section. In addition, said owner shall be subject to the penalties as set forth in this Chapter.
(Ord. 46, §19, 1979)
9.12.200 Livestock.
It shall be unlawful for any person to keep cows, horses, swine, mules, goats, sheep or any other animal as livestock on a lot having an area of less than 30,000 square feet, within the Town limits and in no case shall they be kept for commercial purposes within said Town limits.
(Ord. 46, §20, 1979)
9.12.210 Enforcement Agent, and / or Agency.
This Chapter shall be enforced by the Town Marshal and such provisions may, in like manner, be enforced by any duly authorized law enforcement officer with jurisdiction within the corporate limits of the Town of Dinosaur, Colorado.
(Ord. 46, §21, 1979)
9.12.220 Right of Entry by Enforcement Agents Interfering with, Obstructing, etc. of Enforcement of Chapter.
A. The Town Marshal or any other law enforcement officer shall be authorized to enter upon and make an inspection of any public or private premises for the purposes of insuring compliance with the provisions of this Chapter.
B. Any person who by word or act resists, obstructs, or impedes the Town Marshal or a duly authorized law enforcement officer, or who uses threatening or abusive or opprobrious language toward such officer while he is engaged in the enforcement of this Chapter, or while he is engaged in the performance of any duty or in the exercise of any authority authorized by ordinance of the Town of Dinosaur, or State law, shall be subject to the penalties set forth in this Chapter.
(Ord. 46, §22, 1979)
9.12.230 Safety to Police Officers and/or the Public.
A. Nothing contained in this Chapter shall be construed to prevent the Town Marshal or any other law enforcement officer from taking whatever action is reasonably necessary, including, but not restricted to, immediate destruction of an offending dog, to protect his person or members of the public, from injury by any dog.
B. The owner of such animal shall have no recourse against said officer or the Town or its agents for action taken pursuant to this Section.
(Ord. 46, §23, 1979)
9.12.240 Penalties.
A. Any person who violates any provision of this Chapter where no other penalty is herein specifically provided or who shall fail to perform any duty imposed upon such person, where no other penalty is herein specifically provided, upon conviction thereof shall be punished by a fine of not more than three hundred dollars ($300.00) or by confinement in the County Jail for not more than ninety (90) days or by both such fine and imprisonment, subject to the mandatory minimum fines hereinafter set forth, which the Municipal Judge shall not have discretion to suspend or reduce, to wit:
Conviction for violation of any of the following:
Section 9.12.020
Rabies Control
Section 9.12.030
Registration-Annual License Fee
Section 9.12.040
Dog Tag and Collar
Section 9.12.050
Animals Running at Large
Section 9.12.060
Notice of Impounding and Fees
Section 9.12.100
Reporting Animal Bites
Section 9.12.160
Barking Dogs
Section 9.12.170
Female Dog in Heat
Section 9.12.180
Dead Animals
Section 9.12.190
Sanitation
For first offense a fine of not less than ten dollars ($10.00). For second and subsequent offenses of any of the above Sections within a twelve (12) month period, a fine of not less than twenty-five dollars ($25.00).
Conviction for violation of the following:
Section 9.12.090
Vicious Animal - Offenses not Involving Bodily Injury
Section 9.12.110
Confinement of Biting Dogs and Cats
Section 9.12.120
Guard Dogs
Section 9.12.130
Diseased or Infected Animals
For first offense a fine of not less than twenty dollars ($20.00). For second and subsequent offenses of any of the above Sections within a twelve (12) month period, a fine of not less than forty dollars ($40.00).
Section 9.12.090
Vicious Animal-Offenses Involving Bodily Injury
Section 9.12.150
Inhumane Treatment
Section 9.12.150
Right of Entry by Enforcement Agent Interfering with, Obstructing, Etc., Enforcement of Chapter
For first offense a fine of not less than thirty dollars ($30.00). For second and subsequent offenses of any of the above Sections within any twelve (12) month period, a fine of not less than fifty dollars ($50.00).
(Ord. 46, §24, 1979)
- 9.16 - Cruelty to Animals
-
9.16.010 Definitions.
9.16.020 Cruelty—Neglect of Animals Prohibited.
9.16.030 Killing Animals in Contest.
9.16.010 Definitions.
As used in this Chapter, unless the context otherwise requires:
A. “Abandon” includes the leaving of an animal by its owner or other person responsible for its care or custody without making effective provisions for its proper care.
B. “Animal” means any living dumb creature.
C. “Mistreatment” includes every act or omission which causes, or unreasonably permits the continuation of, unnecessary or unjustifiable pain or suffering.
D. “Neglect” includes failure to provide food, water, protection from the elements, opportunity for exercise, or other care normal, usual, and proper for an animal’s health and well‑being.
9.16.020 Cruelty--Neglect of Animals Prohibited.
A. A person commits the municipal offense of cruelty to animals if, except as authorized by law, he knowingly or with criminal negligence overdrives, overloads, overworks, tortures, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, needlessly mutilates, needlessly kills, carries in or upon any vehicle in a cruel manner, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or having the charge and custody of any animal, fails to provide it with proper food, drink or protection from the weather or abandons it.
B. In the case of any person incurring a second or subsequent conviction under the provisions of subsection (A) of this Section, a sentence of not less than ten (10) days imprisonment shall be mandatory and shall not be subject to suspension, nor shall such persons be eligible for probation for any part of such period. A plea of nolo contendere accepted by the Court shall be considered a conviction for the purposes of this Section.
9.16.030 Killing Animals in Contest.
It is unlawful for any person, association of persons, or corporation to knowingly advertise, offer to conduct or conduct, or otherwise promote any contest or competition when the object of the contest or competition is the killing or mutilation of dogs or other animals. Any person who violates this Section commits a municipal offense.
- 10.02 - General
-
10.02.010 Authority.
10.02.020 Purpose.
10.02.030 Penalties.
10.02.010 Authority.
The Town adopts this Title relating to public peace, health, safety and order in accordance with the powers granted it in Section 31-15-401, C.R.S.
(Ord. 80, Part I, §1.1, 1993)
10.02.020 Purpose.
This Title shall be construed in such manner as to promote maximum fulfillment of its general purposes, namely:
A. To define offenses, to define adequately the act and mental state which constitute each offense, to place limitations upon the condemnation of conduct as criminal when it is without fault, and to give fair warning to all persons concerning the nature of the conduct prohibited and the penalties authorized upon conviction;
B. To forbid the commission of offenses, and to prevent their occurrence through the deterrent influence of the sentences authorized; to provide for the rehabilitation of those convicted, and their punishment when required in the interest of public protection.
(Ord. 80, Part I, § 1.2, 1993)
10.02.030 Penalties.
A. All criminal offenses contained in this Title shall be punishable by a fine of not more than three hundred dollars ($300.00), incarceration not to exceed ninety (90) days, or by both such fine and incarceration, unless otherwise specifically provided in this Title. If an offense carries a specific penalty, then that penalty shall apply.
B. A separate and distinct offense shall be deemed to have been committed for each day on which any violation of this Title shall continue.
C. Unless otherwise provided in this Title, the Municipal Judge may suspend the sentence or fine of any violator and place him on probation for a period not to exceed one (1) year.
D. Any juvenile offender, as defined by State law, convicted of a violation of this Title shall be punished by a fine of not more than three hundred dollars ($300.00), unless otherwise provided by the specific Section alleged to have been violated. Notwithstanding any other provision of this Title to the contrary, a juvenile offender shall not be subject to incarceration, except as provided by separate ordinance concerning juvenile offenders.
(Ord. 80, Part I, §1.3, 1993)
- 10.04 - Principals of Criminal Culpability
-
10.04.010 Applicability.
10.04.020 Definitions.
10.04.030 Requirements for Criminal Liability.
10.04.040 Construction of Sections with Respect to Culpability Requirements.
10.04.050 Effect of Ignorance or Mistake.
10.04.060 Consent.
10.04.070 Criminal Attempt.
10.04.010 Applicability.
This Chapter shall be applicable to all offenses defined in this Title as well as any other criminal offenses prosecuted in the Dinosaur Municipal Court.
(Ord. 80, Part II, §2.1, 1993)
10.04.020 Definitions.
The following definitions are applicable to the determination of culpability requirements for offenses defined in this Title as well as any other criminal offenses prosecuted in the Dinosaur Municipal Court:
A. “Act” means a bodily movement, and includes words and possession of property.
B. “Conduct” means an act or omission and its accompanying state of mind or, where relevant, a series of acts and omissions.
C. “Criminal Negligence”. A person acts with “criminal negligence” when, through a gross deviation from the standard of care that a reasonable person would exercise, he fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists.
D. “Culpable metal state” means intentionally, or with intent, or knowingly, or willfully, or recklessly, or with criminal negligence, as these terms are defined in this Section.
E. “Intentionally” or “with intent”. All criminal offenses in which the mental culpability requirement is expressed as “intentionally” or “with intent” are declared to be specific intent offenses. A person acts intentionally or with intent when his conscious objective is to cause the specific result proscribed by the Section defining the offenses. It is immaterial to the issue of specific intent whether or not the result actually occurred.
F. “Knowingly” or “willfully”. All criminal offenses in which the mental culpability requirement is expressed as “knowingly” or “willfully” are declared to be general intent crimes. A person acts knowingly or willfully with respect to conduct or to a circumstance described in a section defining an offense when he is aware that his conduct is of such nature or that such circumstance exists. A person acts knowingly or willfully with respect to a result of his conduct, when he is aware that his conduct is practically certain to cause the result.
G. “Omission” means a failure to perform an act as to which a duty of performance is imposed by law.
H. “Recklessly”. A person acts “recklessly” when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.
I. “Voluntary act” means an act performed consciously as a result of effort or determination and includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it.
(Ord. 80, Part II, §2.2, 1993)
10.04.030 Requirements of Criminal Liability.
The minimum requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing. If that conduct is all that is required for commission of a particular offense, or if an offense or some material element thereof does not require a culpable mental state on the part of the actor, the offense is one of “strict liability”. If a culpable mental state on the part of the actor is required with respect to any material element of an offense, the offense is one of “mental culpability.”
(Ord. 80, Part II, §2.3, 1993)
10.04.040 Construction of Sections with Respect to Culpability Requirements.
A. When the commission of an offense, or some element of an offense, requires a particular culpable mental state, that mental state is ordinarily designated by use of the terms “intentionally,” “with intent,” “knowingly,” “willfully,” “recklessly,” or “with criminal negligence.”
B. Although no culpable mental state is expressly designated in a section defining an offense, a culpable mental state may nevertheless be required for the commission of that offense, or with respect to some or all of the material elements thereof, if the proscribed conduct necessarily involves such a culpable mental state.
C. If a section provides that criminal negligence suffices to establish an element of an offense, that element also is established if a person acts recklessly, knowingly, or intentionally. If recklessness suffices to establish an element, that element also is established if a person acts knowingly or intentionally. If acting knowingly suffices to establish an element also it is established if a person acts intentionally.
D. When a section defining an offense prescribes as an element thereof a specified culpable mental state, that mental state is deemed to apply to every element of the offense unless an intent to limit its application appears.
(Ord. 80, Part 2, §2.4, 1993)
10.04.050 Effect of Ignorance or Mistake.
A. A person is not relieved of criminal liability for conduct because he engaged in that conduct under a mistaken belief of fact, unless:
1. It negates the existence of a particular mental state essential to commission of the offense; or
2. The section defining the offense or any section relating thereto expressly provides that a factual mistake or the mental state resulting therefrom constitutes a defense or exemption; or
3. The factual mistake or the mental state resulting therefrom is of a kind that supports a defense of justification as defined in this Title.
B. A person is not relieved or criminal liability for conduct because he engages in that conduct under a mistaken belief that it does not, as a matter of law, constitute an offense, unless the conduct is permitted by one of the following:
1. A statute or ordinance binding in this State and Town.
2. An administrative regulation, order, or grant of permission by a body or official authorized and empowered to make such order or grant the permission under the laws of the Town and the State of Colorado.
3. An official written interpretation of the ordinance or law relating to the offense, made or issued by a public servant, agency, or body legally charged or empowered with the responsibility of administering, enforcing, or interpreting an ordinance, regulation, order, or law. If such interpretation is by judicial decision, it must be binding in the Town and the State of Colorado.
C. Any defense authorized by this Section is an affirmative defense.
(Ord. 80, Part II, §2.5, 1993)
10.04.060 Consent.
A. The consent of the victim to conduct charged to constitute an offense or to the result thereof is not a defense unless the consent negates the element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.
B. When conduct is charged to constitute an offense because it causes or threatens bodily injury, consent to that conduct or to the infliction of that injury is a defense only if the bodily injury consented to or threatened by the conduct consented to is not harmful or the conduct and the injury are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport, or the consent established a justification under this Title.
C. Unless otherwise provided by this Title or by law defining the offense, assent does not constitute consent if:
1. It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense; or
2. It is given by a person who, by reason of immaturity, mental disease or mental defect, or intoxication is manifestly unable and is known or reasonably should be known by the Defendant to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or
3. It is given by a person whose consent is sought to be prevented by the law defining the offense; or
4. It is induced by force, duress, or deception.
D. Any defense authorized by this Section is an affirmative defense.
(Ord. 80, Part II, §2.6, 1993)
10.04.070 Criminal Attempt.
A. A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of an offense, he engages in conduct constituting a substantial step toward the commission of the offense. A substantial step is any conduct, whether an act, omission, or possession, which is strongly corroborative of the firmness of the actor’s purpose to complete the commission of the offense. Factual or legal impossibility of committing the offense is not a defense if the offense could have been committed had the attendant circumstances been as the actor believed them to be, nor is it a defense that the crime attempted was actually perpetrated by the accused.
B. A person who engages in conduct intending to aid another to commit an offense commits criminal attempt if the conduct would establish his complicity under Section 10.06.040 were the offense committed by the other person, even if the other is not guilty of committing or attempting the offense.
C. It is an affirmative defense to a charge under this Section that the defendant abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting the complete and voluntary renunciation of his criminal intent.
(Ord. 80, Part II, §2.7, 1993)
- 10.06 - Parties to Offenses-Accountability
-
10.06.010 Applicability.
10.06.020 Liability Based Upon Behavior.
10.06.030 Behavior of Another.
10.06.040 Complicity.
10.06.050 Exemptions from Liability Based Upon Behavior of Another.
10.06.060 Liability Based on Behavior of Another-No Defense.
10.06.010 Applicability.
This Chapter shall be applicable to all offenses in this Title as well as to any other criminal offenses prosecuted in the Dinosaur Municipal Court.
(Ord. 80, Part III, §3.1, 1993)
10.06.020 Liability Based Upon Behavior.
A person is guilty of an offense if it is committed by the behavior of another person for which he is legally accountable as provided in this Chapter.
(Ord. 80, Part III, §3.2, 1993)
10.06.030 Behavior of Another.
A. A person is legally accountable for the behavior of another person if:
1. He is made accountable for the conduct of that person by the law defining the offense or by specific provision of this Code; or
2. He acts with the culpable mental state sufficient for the commission of the offense in question and he causes an innocent person to engage in such behavior.
B. As used in subsection (A) of this Section, “innocent person” includes any person who is not guilty of the offense in question, despite his behavior, because of duress, legal incapacity or exemption, or unawareness of the criminal nature of the conduct in question or of the Defendant’s criminal purpose, or any other factor precluding the mental state sufficient for the commission of the offense in question.
(Ord. 80, Part III, §3.3, 1993)
10.06.040 Complicity.
A person is legally accountable as principal for the behavior of another constituting a criminal offense if, with the intent to promote or facilitate the commission of the offense, he aids, abets, or advises the other person in planning or committing the offense.
(Ord. 80, Part III, §3.4, 1993)
10.06.060 Liability Based on Behavior of Another-No Defense.
A. Unless otherwise provided by the section defining the offense, a person shall not be legally accountable for behavior of another constituting an offense if he is a victim of that offense or the offense is so defined that his conduct is inevitably incidental to its commission.
B. It shall be an affirmative defense to a charge under Section 10.06.040 if, prior to the commission of the offense, the Defendant terminated his effort to promote or facilitate its commission and either gave timely warning to law enforcement authorities or gave timely warning to the intended victim.
(Ord. 80, Part III, §3.5, 1993)
10.06.070 Liability Based on Behavior of Another-No Defense.
In any prosecution for an offense in which criminal liability is based upon the behavior of another pursuant to this Chapter, it is no defense that the other person has not been prosecuted for or convicted of any offense based upon the behavior in question or has been convicted of a different offense or degree of offense, or the Defendant belongs to a class of persons who by definition of the offense are legally incapable of committing the offense in an individual capacity.
(Ord. 80, Part III, §3.6, 1993)
- 10.08 Justification and Exemptions from Criminal Responsibility
-
10.08.010 Applicability.
10.08.020 Execution of Public Duty.
10.08.030 Choice of Evils.
10.08.040 Use of Physical Force-Special Relationship.
10.08.050 Use of Physical Force in Defense of a Person.
10.08.060 Use of Physical Force in Defense of Premises.
10.08.070 Use of Physical Force in Defense of Property.
10.08.080 Use of Physical Force in Making an Arrest.
10.08.090 Duress.
10.08.100 Entrapment.
10.08.110 Affirmative Defense.
10.08.010 Applicability.
This Chapter shall be applicable to all offense in this Title as well as to any other criminal offenses prosecuted in the Dinosaur Municipal Court.
(Ord. 80, Part IV, §4.1, 1993)
10.08.020 Execution of Public Duty.
Unless inconsistent with other provisions of this Chapter, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by a provision of law or a judicial decree binding in Dinosaur, Colorado.
(Ord. 80, Part IV, §4.2, 1993)
10.08.030 Choice of Evils.
A. Unless inconsistent with other provisions of this Chapter, defining justifiable use of physical force or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of the actor, and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the law defining the offense in issue.
B. The necessity and justiciability of conduct under subsection (A) of this Section shall not rest upon considerations pertaining only to the morality and advisability of the law, either in this general application or with respect to its application to a particular class of cases arising thereunder. When evidence relating to the defense of justification under this Section is offered by the Defendant, before it is submitted for the consideration of the jury, the Court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.
(Ord. 80, Part IV, §4.3, 1993)
10.08.040 Use of Physical Force-Special Relationship.
A. The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:
1. A parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent person, and a teacher or other person entrusted with the care and supervision of a minor, may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent it is reasonably necessary and appropriate to maintain discipline or promote the welfare of the minor or incompetent person.
2. A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under his direction, may use reasonable and appropriate physical force when and to the extent that it is necessary to maintain order and discipline.
3. A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious bodily injury upon himself may use reasonable and appropriate physical force upon that person to the extent that it is reasonably necessary to thwart the result.
4. A duly licensed physician, or a person acting under his direction, may use reasonable and appropriate physical force for the purpose of administering a recognized form of treatment which he reasonably believes to be adapted to promoting the physical or mental health of the patient if:
a. The treatment is administered with the consent of the patient, or if the patient is a minor, or an incompetent person, with the consent of his parent, legal guardian, or other person entrusted with his care and supervision; or
b. The treatment is administered in an emergency when the physician reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient would consent.
(Ord. 80, Part IV, §4.4, 1993)
10.08.050 Use of Physical Force in Defense of a Person.
A. Except as provided in subsection (B) of this Section, a person is justified in using physical force upon other person in order to defend himself or a third person from what he reasonably believes to be the infliction or imminent infliction of bodily harm, if there exists an actual and real danger of such physical harm. A person may use minimum degree of force which he reasonably believes to be necessary and it actually necessary for that purpose; provided, however, a person justified in using physical force may not at any time become an aggressor.
B. Notwithstanding the provisions of subsection (A) of this Section, a person is not justified in using physical force if:
1. The physical force involved is used to resist any arrest or to interfere with any arrest which he knows is being made by a peace officer, even though the arrest is unlawful; or
2. With intent to cause bodily injury or death to another person, he provokes the use of unlawful physical force by that other person; or
3. He is the aggressor, except that his use of physical force upon another person under the circumstances is justifiable if he withdraws from the encounter and effectively communicates to the other person his intent to do so, but the latter nevertheless continues or threatens the infliction of bodily harm; or
4. The physical force involved is the product of a combat by agreement not specifically authorized by law.
(Ord. 80, Part IV, §4.5, 1993)
10.08.060 Use of Physical Force in Defense of Premises.
A person in possession or control of any building, realty, or other premises, or a person who is licensed or privileged to be thereon, is justified in using reasonable and appropriate physical force upon another person when and to the extent that it is reasonably and actually necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of an unlawful trespass by the other person in or upon the building, realty, or premises.
(Ord. 80, Part IV, §4.6, 1993)
10.08.070 Use of Physical Force in Defense of Property.
A person is justified in using reasonable and appropriate physical force upon another person when and to the extent that it is reasonably and actually necessary to prevent what he reasonably believes to be an attempt by the other person to commit theft, criminal mischief, or criminal tampering involving property.
(Ord. 80, Part IV, §4.7, 1993)
10.08.080 Use of Physical Force in Making an Arrest.
A. A peace officer is justified in using reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary:
1. To effect an arrest or to prevent the escape from custody of an arrested person unless he knows that the arrest is unauthorized; or
2. To defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force while affecting or attempting to affect such an arrest or while preventing or attempting to prevent such an escape.
B. For the purposes of this Section, a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances which if true would in law constitute an offense. If he believed facts or circumstances would not in law constitute an offense, an erroneous though not unreasonable belief that the law is otherwise does not render justifiable the use of force to make an arrest or to prevent an escape from custody. A peace officer who is affecting an arrest pursuant to a warrant is justified in using the physical force prescribed in subsection (A) of this Section unless the warrant is invalid and is known by the officer to be invalid.
C. A person who has been directed by a peace officer to assist him to affect an arrest or to prevent an escape from custody is justified in using reasonable and appropriate physical force when and to the extent that he reasonably believes that force to be necessary to carry out the peace officer’s direction, unless he knows that the arrest or prospective arrest is not authorized.
D. A private person acting on his own account is justified in using reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary to affect an arrest, or to prevent the escape from custody of an arrested person who has committed an offense in his presence.
(Ord. 80, Part IV, §4.8, 1993)
10.08.090 Duress.
A person may not be convicted of an offense, based upon conduct in which he engaged because of the use or threatened use of unlawful force upon him or upon another person, which force or threatened use thereof a reasonable person in his situation would have been unable to resist. This defense is not available when a person intentionally, recklessly, or negligently places himself in a situation in which it is foreseeable that he will be subjected to such force or threatened use thereof.
(Ord. 80, Part IV, §4.9, 1993)
10.08.100 Entrapment.
The commission of acts which would otherwise constitute an offense is not criminal if the Defendant engaged in the proscribed conduct because he was induced to do so by a law enforcement official or other person acting under his direction, seeking to obtain evidence for the purpose of prosecution, and the methods used to obtain that evidence were such as to create a substantial risk that the acts would be committed by a person who, but for such inducement, would not have conceived of or engaged in conduct of the sort induced. Merely affording a person an opportunity to commit an offense is not entrapment even though representations or inducements calculated to overcome the offender’s fear of detection are used.
(Ord. 80, Part IV, §4.10, 1993)
10.08.110 Affirmative Defense.
The issues of justification or exemption from criminal liability under this Chapter are affirmative defenses in any prosecution of a criminal offense in the Dinosaur Municipal Court.
(Ord. 80, Part IV, §4.11, 1993)
- 10.10 Responsibility Chapter
-
10.10.010 Applicability.
10.10.020 Insufficient Age.
10.10.030 Intoxication.
10.10.040 Responsibility-Affirmative Defense.
10.10.010 Applicability.
This Chapter shall be applicable to all offenses as well as any other offense prosecuted in the Dinosaur Municipal Court.
(Ord. 80, Part V, §5.1, 1993)
10.10.020 Insufficient Age.
No child under ten (10) years of age shall be found guilty of any offense prosecuted in the Dinosaur Municipal Court.
(Ord. 80, Part V, §5.2, 1993)
10.10.030 Intoxication.
A. Intoxication of the accused is not a defense to any criminal offense, except as provided in subsection (B) of this Section.
B. A person is not criminally responsible for his conduct if, by reason of intoxication that is not self-induced at the time he acts, he lacks capacity to conform his conduct to the requirements of the law.
C. “Intoxication” as used in this Section means a disturbance of mental or physical capacities resulting form the introduction of any substance into the body.
D. “Self-induced intoxication” means intoxication caused by substances which the Defendant knows or ought to know have the tendency to cause intoxication and which he knowingly introduced or allowed to be introduced into his body, unless they were introduced pursuant to medical advice or under similar circumstances that would afford a defense to a criminal offense.
(Ord. 80, Part V, §5.3, 1993)
10.10.040 Responsibility-Affirmative Defense.
The issue of responsibility under this Chapter is an affirmative defense in any prosecution of a criminal offense in the Dinosaur Municipal Court.
(Ord. 80, Part V, §5.4, 1993)
- 10.12 Offenses Relating to Public Peace, Order and Safety
-
10.12.010 Disrupting Lawful Assembly.
10.12.020 Public Buildings-Trespass, Interference.
10.12.030 Harassment.
10.12.040 Disorderly Conduct.
10.12.050 Public Indecency.
10.12.060 Assault and Battery.
10.12.070 Disturbing the Peace.
10.12.080 Tents, Campers and Trailers-Restrictions on Use.
10.12.090 Throwing Missiles.
10.12.100 Unlawful to Carry Concealed Weapon.
10.12.110 Prohibited Use of Weapons.
10.12.120 Selling Weapons to Intoxicated Persons Prohibited.
10.12.130 Possession of Weapons in Licensed Establishment Prohibited.
10.12.140 Storage of Explosives Prohibited.
10.12.010 Disrupting Lawful Assembly.
A person commits a Municipal Offense if, intending to prevent or disrupt any lawful meeting, procession, or gathering, he significantly obstructs or interferes with the meeting, procession, or gathering by physical action, verbal utterance, or any other means.
(Ord. 80, Part VI, §6.1, 1993)
10.12.020 Public Buildings-Trespass, Interference.
A. No person shall conduct himself at or in any public building owned, operated, or controlled by the Town in such a fashion to willfully deny to any public official, public employee, or invitee on such premises the lawful rights of such official, employee, or invitee to enter, to use the facilities of, or to leave any such public building.
No person shall, at or in any such public building, willfully impede any public official or employee in the lawful performance of duties or activities through the use of restraint, abduction, coercion, or intimidation or by force and violence or threat thereof.
(Ord. 80, Part VI, §6.13, 1993)
10.12.140 Storage of Explosives Prohibited.
It is a Municipal Offense for any person to knowingly store within the Town limits or within one mile thereof any amount of gun powder, blasting powder, nitroglycerine, dynamite, or other high explosive in excess of one 50 pound box or in excess of 500 caps or other devices used for the detonation of such high explosives. This Section shall not be deemed to apply to sporting goods businesses and other businesses licensed to store explosives pursuant to law.
(Ord. 80, Part VI, §6.14, 1993)
Every person convicted of a violation of this Section shall forfeit to the Town such knife, firearm, or other weapon illegally possessed or carried.
(Ord. 80, Part VI, §6.12, 1993)
10.12.130 Possession of Weapons in Licensed Establishment Prohibited.
A. It is a Municipal Offense for any person to knowingly carry, possess, or have on or about his person a knife, other than a hunting or fishing knife, as defined in Section 10.12.100(B), firearm, or other deadly weapon, in any establishment having a license to sell fermented malt beverages or malt, vinous or spirituous liquors for consumption on the premises.
It shall be an affirmative defense that the defendant was a peace officer, as defined in Section 18-1-901(3)(1), C.R.S., as amended; that the defendant was the licensee, proprietor, agent or employee of the licensed establishment; or if the defendant was authorized to carry a concealed weapon under State law. Possession of aa permit issued under Section 18-12-105(2)(c), C.R.S., as amended, shall not be a defense to a violation of this Section.
(Ord. 80, Part VI, §6.11, 1993)
10.12.120 Selling Weapons to Intoxicated Persons Prohibited.
A. It is a Municipal Offense for any person, firm or corporation to knowingly sell, loan, or furnish a gun, pistol, or other firearm in which any explosive substance can be used, to any person under the influence of intoxicating liquor or of a controlled substance, as defined in Section 12-22-303(7), C.R.S., as amended, or to any person in a condition of agitation or excitability.
Any such unlawful sale, loan or furnishing of a weapon shall be grounds for the revocation of any license issued by the Town to such person, firm or corporation.
Every person convicted of any violation of this Section shall forfeit to the Town such firearm or weapon illegally discharged or displayed.
It is an affirmative defense to subsections (1) through (6) of subsection (A) above that the actor was a peace officer or member of the armed forces of the United States or Colorado National Guard, acting in the lawful discharge of his duties; or that the actor was justified under the laws of the State of Colorado or the Town of Dinosaur.
The Mayor may grant an exception to the prohibitions contained in subsection (A) above, in writing, for contests, sporting events, indoor shooting galleries or arcade games, construction and/or maintenance work. Such permission shall limit the time and place of firing and shall be subject to being revoked by the Town Council at any time after the same has been granted.
He knowingly aims, swings, or throws a throwing star or nunchaku as defined herein at another person, or he knowingly possesses a throwing star or nunchaku in a public place, except for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class. When transporting a throwing star or nunchaku for a public demonstration or exhibition or for a school or class, it shall be transported in a closed, non-accessible container. For the purposes of this subsection, “nunchaku” means an instrument consisting of two (2) sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire or chain, which is in the design of a weapon used in connection with a system of self-defense; and “throwing star” means a disc having sharp radiating points or any disc-shaped blade object which is hand held and thrown and which is in the design of a weapon used in connection with a practice of a system of self-defense.
He has in his possession a firearm while he is under the influence of intoxicating liquor or of a controlled substance, as defined in C.R.S. § 18-18-102(5), unless such person held a valid written permit to carry a concealed weapon issued pursuant to C.R.S. § 18-12-105.1 as it existed prior to its repeal, or, if the firearm involved was a handgun, held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to C.R.S. Title 18, Art. 12; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of C.R.S. § 18-12-214; or
Sets a loaded gun, trap, or device designed to cause explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present; or
Explodes or sets off any combustible or explosive material; or
Sets off or explodes any firecracker, torpedo ball, rocket, or other fireworks, except on the celebration or some holiday or event by the consent of the Mayor; or
Discharges any air gun, gas-operated gun, B.B. gun, pellet gun, slingshot, or spring gun anywhere within the Town; or
Fires or discharges any bow and arrow, cannon, gun, pistol, revolver, or other firearm anywhere within the Town, except at a lawfully authorized target range; or
(Ord. 80, Part VI, §6.10, 1993)
10.12.110 Prohibited Use of Weapons.
A. A person commits an offense if he knowingly and unlawfully:
Displays or aims a deadly weapon at another person in a manner calculated to alarm; or
Every person convicted of any violation of this Section shall forfeit to the Town such weapon so concealed.
A peace officer, as defined in Section 16-2.5-101, C.R.S., as amended.
A person who, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant C.R.S. § 18-12-105.1, as it existed prior to its repeal, or, if the weapon involved was a handgun, held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to C.R.S. Title 18, Art. 12; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of C.R.S. § 18-12-214; or
A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of his or another's personal property while traveling; or
A person in his own dwelling or place of business or on property owned or under his control at the time of the act of carrying; or
It shall be an affirmative defense that the Defendant was:
For the purposes of this Section, a “knife” means any dagger, dirk, knife, or stiletto with a blade over three and one-half inches (3 1/2”) in length, switchblade knife or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, but does not include a hunting or fishing knife carried for sport use. The issue that a knife is a hunting or fishing knife must be raised as an affirmative defense.
Carries a firearm concealed on or about his person.
(Ord. 80, Part VI, §6.8, 1993; Amended Ord. 96, §1, 2000)
10.12.090 Throwing Missiles.
No person shall knowingly throw or shoot any stone, snowball or other missile at or upon any person, animal, motor vehicle, public property or at or upon any building, structure, tree, or other public or private property not belonging to that person.
(Ord. 80, Part VI, §6.9, 1993)
10.12.100 Unlawful to Carry Concealed Weapon.
A. A person commits a Municipal Offense if he knowingly and unlawfully:
Carries a knife concealed on or about his person; or
Other exceptional circumstances, such as hunting seasons, upon receiving express written approval of the Town Council.
The occupancy of recreational vehicles, motor homes, travel trailers and camper vehicles by person visiting Town inhabitants, so long as such vehicles or trailers are lawfully parked on private property, for one period not to exceed fourteen (14) days in six (6) consecutive months; or
Approved mobile home, recreational vehicle, and travel trailer parks and campgrounds;
(Ord. 80, Part VI, §6.6, 1993)
10.12.070 Disturbing the Peace.
A person commits a Municipal Offense if he/she intentionally, knowingly, or recklessly disturbs the peace and quiet of others by violent or tumultuous carriage or conduct or by making loud, unusual or unreasonable noise in a public place or near or in a private residence, whether or not he/she has a right to occupy said residence. An owner or occupant of a dwelling or other premise under his/her control who knowingly permits or allows a disturbance of the peace within such premises shall be deemed guilty of the offense of disturbing the peace.
(Ord. 80, Part VI, §6.7, 1993)
10.12.080 Tents, Campers and Trailers-Restrictions on Use.
It is unlawful for any person to knowingly sleep, spend the night, cook or establish a place of abode in any vehicle, tent, travel trailer, recreational vehicle, mobile home or camper vehicle within the Town, except as follows:
Areas specifically designated by the Town for camping and the temporary parking of such vehicles;
(Ord. 80, Part VI, §6.5, 1993)
10.12.060 Assault and Battery.
A. It is unlawful for any person to intentionally, knowingly, or recklessly assault, strike, fight, injure or commit battery upon the person of another, except in an amateur or professional contest of athletic skill.
“Assault” as used in this Section means an attempt, coupled with a present ability, to commit a bodily injury upon the person of another. “Battery” as used in this Section means any use of force or violence upon the person of another.
A lewd folding or caress of the body of another person.
A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or
An act of deviate sexual intercourse; or
(Ord. 80, Part VI, §6.4, 1993)
10.12.050 Public Indecency.
Any person who knowingly performs any of the following I n a public place or where the conduct may reasonably be expected to be viewed by members of the public commits the Municipal Offense of public indecency:
An act of sexual intercourse; or
Exposes his genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
Urinates or defecates in any public or private place not designed for such purposes;
Abuses or threatens to person in a public or private place in an obviously offensive manner;
Makes an obviously offensive gesture or display in a public or private place, and the gesture or display tends to incite an immediate breach of the peace;
(Ord. 80, Part VI, §6.3, 1993)
10.12.040 Disorderly Conduct.
It is unlawful for any person to commit disorderly conduct. A person commits disorderly conduct if he intentionally, knowingly, or recklessly:
Uses abusive, indecent, profane, or vulgar language in a public or private place, and the language by its very utterance tends to incite an immediate breach of the peace;
“Repeatedly” means on more than one occasion.
“Obscene” means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions.
“Credible threat” means a threat that would cause a reasonable person to be in fear for the person’s life or safety.
“Alarm” means to arouse to a sense of danger, to put on the alert, to strike fear, to fill with anxiety as to threaten danger or harm.
“Annoy” means to irritate with a nettling or exasperating effect.
The following special definitions shall apply to this Section:
Any act involving telephone communications may be deemed to have occurred or to have been committed at the place at which the telephone call was either made or received.
Makes a credible threat to another person and, in connection with such threat, repeatedly makes any form of communication with that person, whether or not a conversation ensues.
Makes a credible threat to another person, and in connection with such threat, repeatedly follows that person; or
A person commits harassment by stalking, if such person:
Repeatedly insults, taunts, or challenges another in a manner likely to provoke a violent or disorderly response.
Makes repeated communications at inconvenient hours or in offensively coarse language; or
Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or
Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage, or make any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, data network, text message, instant message, or other interactive electronic medium that is obscene; or
Follows a person in or about a public place; or
In a public place directs obscene language or makes an obscene gesture to or at another person; or
(Ord. 80, Part VI, §6.2, 1993)
10.12.030 Harassment.
A. A person commits harassment if, with intent to harass, annoy, or alarm another person, he:
Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or
It shall be an affirmative defense that the Defendant was exercising his right to lawful assembly and peaceful and orderly petition for the redress of grievances, including any labor dispute between the Town and its employees, any contractor or subcontractor, or any employee thereof.
The term “public building” as used in this Section, includes any premises being permanently or temporarily used by a public officer or employee of the Town in the discharge of his official duties.
No person shall, by any act of intrusion into the chamber or other areas designated for the use of any executive body or official at or in any public building, willfully impede, disrupt, or hinder the normal proceedings of such body or official.
No person shall, at any meeting or session conducted by any judicial, legislative, or administrative body or official at or in any public building willfully impede, disrupt, or hinder the normal proceedings of such meeting or session by any act of intrusion into the chamber or other areas designated for the use of the body or official conducting the meeting or session or by any act designed to intimidate, coerce, or hinder any member of such body or official engaged in the performance of duties at such meeting or session.
No person shall willfully refuse or fail to leave any such public building upon being requested to do so by the chief administrative officer or his designee charged with maintaining order in such public building, fi the person has committed, is committing, threatens to commit, or incites others to commit any act which did, or would if completed, disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions being carried on in the public building.
- 10.14 Offenses Relating to Personal and Real Property
-
10.14.010 Petty Theft.
10.14.020 Theft of Rental Property.
10.14.030 Procuring Food or Accommodations with Intent to Defraud.
10.14.040 Injuring or Destroying Public Property.
10.14.050 Criminal Mischief.
10.14.060 Criminal Trespass.
10.14.070 Littering of Public and Private Property.
10.14.080 Posting of Handbills and Circulars.
10.14.090 Abandoned Containers.
10.14.010 Petty Theft.
A. A person commits petty theft when he knowingly obtains or exercises control over anything of a value of five hundred dollars ($500.00) or less belonging to another without authorization or, if applicable, without paying the purchase price therefor, and knowingly uses, conceals or abandons the thing of value in such a manner as to deprive the other person permanently of its use and benefit.
B. If any person willfully conceals unpurchased goods, wares or merchandise owned or held by and offered or displayed for sale by any store or mercantile establishment, whether the concealment be on his own person or otherwise, and whether on or off the premises of said store or mercantile establishment, such concealment constitutes prima facie evidence that the person intended to obtain control over a thing of value and intended to deprive the owner permanently of its use or benefit without paying the purchase price thereof.
C. For the purpose of this Section, a thing of value is that of “another” if anyone other than the defendant has a possessory or proprietary interest therein.
D. For the purposes of this Section, when theft occurs from a store, evidence of the retail value of the thing involved shall be prima facie evidence of the value of the thing involved. Evidence offered to establish retail value may include, but shall not be limited to, affixed labels and tags, signs, shelf tags, bar codes and notices.
E. For the purposes of this Section, in all cases where theft occurs, evidence of the value of the thing involved may be established through the sales price of other similar property and may include, but shall not be limited to, testimony regarding affixed labels and tags, signs, shelf tags, bar codes and notices tending to indicate the price of the thing involved. Hearsay evidence shall not be excluded in determining the value of the thing involved.
(Ord. 80, Part VII, §7.1, 1993)
10.14.020 Theft of Rental Property.
A. A person commits theft of rental property, if he:
1. Knowingly obtains the temporary use of personal property of another with a value of less than five hundred dollars ($500.00), which is available only for hire, by means of threat or deception, or knowing that such use is without the consent of the person providing the personal property; or
2. Having lawfully obtained possession for temporary use of the personal property of another with a value of less than five hundred dollars ($500.00), which is available only for hire, knowingly fails to reveal the whereabouts of or to return said property to the owner thereof or his representative or to the person from whom he has received it within seventy-two (72) hours after the time at which he agreed to return it.
B. For the purposes of this Section, personal property is that of “another” if anyone other than the defendant has a possessory or proprietary interest therein.
C. If a defendant signs a rental agreement or similar agreement for the temporary use of the personal property of another, and said agreement provides that failure to reveal the whereabouts of said property or to return said property within seventy-two (72) hours after the time at which he agreed to return it shall constitute wrongful or unlawful retention of the rental property, such agreement shall constitute prima facie evidence of the culpable mental state required under subsection (A)(2) of this Section.
(Ord. 80, Part VII, §7.2, 1993)
10.14.030 Procuring Food or Accommodations with Intent to Defraud.
A. Any person who, with intent to defraud, procures food or accommodation in any public establishment, without making payment therefor in accordance with his agreement with such public establishment, is guilty of a Municipal Offense if the total amount due under such agreement is less than five hundred dollars ($500.00).
B. “Agreement with such establishment” means any written or verbal agreement as to the price to be charged for, or the acceptance of, food, beverage, service, or accommodations where the price to be charged therefor is printed on a menu or schedule of rates shown to or made available by a public establishment to the patron and includes the acceptance of such food, beverage, service, or accommodations for which a reasonable charge is made.
C. “Public establishment” means any establishment selling or offering for sale prepared food or beverages to the public generally, or any establishment leasing or renting overnight sleeping accommodations to the public generally, including, but not exclusively, restaurants, cafes, dining rooms, lunch counters, coffee shops, boardinghouses, hotels, motor hotels, motels, and rooming houses, unless the rental thereof is on a month-to-month basis or a longer period of time.
D. It shall be evidence of an intent to defraud that food, service, or accommodations were given to any person who gave false information concerning his name or address, or both, in obtaining such food, service, or accommodations, or that such person removed or attempted to remove his baggage from the premises of such public establishment without giving notice of his intent to do so to such public establishment. These provisions shall not constitute the sole means of establishing evidence that a person accused under subsection (A) had an intent to defraud. Proof of such intent to defraud may be made by any facts or circumstances sufficient to establish such intent to defraud beyond a reasonable doubt as provided by law.
(Ord. 80, Part VII, §7.3, 1993)
10.14.040 Injuring or Destroying Public Property.
A. No person shall intentionally, knowingly, negligently, or recklessly injure, deface, destroy or remove real property or improvements thereto or moveable or personal property belonging to the Town.
B. No person shall intentionally, knowingly, negligently, or recklessly tamper with, injure, deface, destroy, or remove any sign, notice, marker, fire alarm box, fire plug, topographical survey monument or any other personal property owned, erected or placed by the Town.
(Ord. 80, Part VII, §7.4, 1993)
10.14.050 Criminal Mischief.
A. Any person who intentionally, knowingly, negligently, or recklessly damages, injures, defaces, destroys, removes; or causes, aids in, or permits the damaging, injuring, defacing, destruction, or removal of real property or improvements thereto, or movable or personal property of another in the course of a single criminal episode where the aggregate damage to the real or personal property is less than five hundred dollars ($500.00).
B. For the purposes of this Section, property shall be deemed to be injured or damaged when physical effort or the expenditure of moneys is required to restore the property to its original condition.
C. For the purposes of this Section, property shall be deemed to belong to “another,” if anyone other than the Defendant has a possessory or proprietary interest therein.
(Ord. 80, Part VII, §7.5, 1993)
10.14.060 Criminal Trespass.
A person commits a Municipal Offense if he intentionally, knowingly, or willfully:
A. Unlawfully enters or remains in or upon premises which are enclosed in a manner designed to exclude intruders or are fenced or if he lawfully enters or remains in or upon the premises of a hotel, motel, bar, lounge, restaurant, condominium, or apartment building;
B. Unlawfully enters or remains in or upon any other premises or a motor vehicle;
C. A person “unlawfully enters or remains” in or upon premises when he is not licensed, invited, or otherwise privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of the premises or some other authorized person in charge or control thereof. License or privilege to enter or remain in a building which is only partly open to the public is not license or privilege to enter or remain in that part of the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person or unless notice forbidding entry is given by posting with signs at intervals of not more than four hundred forty (440) yards, or, if there is a readily identifiable entrance to the land, by posting with signs at such entrance to the private land or the forbidden part of the land.
D. As used in this Section, “premises” means real property, buildings, and other improvements thereon.
(Ord. 80, Part VII, §7.6, 1993)
10.14.070 Littering of Public and Private Property.
A. Any person who knowingly deposits, throws, or leaves any litter on any public or private property or in any waters, or permits the same, commits the Municipal Offense of littering. Said offense shall be punishable by a fine of not more than one hundred dollars ($100.00).
B. It shall be an affirmative defense that:
1. Such property is an area designated by law for the disposal of such material and the person is authorized by the proper public authority to so use the property; or
2. The litter is placed in a receptacle or container installed on such property for that purpose; or
3. Such person is the owner or tenant in lawful possession of such property, or he has first obtained written consent of the owner or tenant in lawful possession, or the act is done under the personal direction of said owner or tenant.
C. The term “litter” as used in this Section means all rubbish, waste material, refuse, garbage, trash, debris, or other foreign substances, solid or liquid, of every form, size, kind, and description.
D. The phrase “public or private property” as used in this Section includes, but is not limited to, the right of way of any road or highway, any body of water or watercourse, including frozen areas or the shores or beaches thereof, any park, playground, or building, any refuse, conservation, or recreation area, and any residential, commercial, farm, or ranch properties.
E. It is in the discretion of the Court, upon the conviction of any person and the imposition of a fine under this Section, to suspend the fine upon the condition that the convicted person gather and remove from specified public property or specified private property, with prior permission of the owner or tenant in lawful possession thereof, any litter found thereon.
F. Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle in violation of this Section, the operator of said motor vehicle is presumed to have caused or permitted the litter to be so thrown, deposited, dropped, or dumped therefrom.
(Ord. 80, Part VII, §7.7, 1993)
10.14.080 Posting Handbills and Circulars.
A. It is a Municipal Offense for any person to knowingly place, post, erect or paint any handbill, placard, circular, notice, advertising device or matter of any kind upon any public building, structure, or upon any tree, post, pole or other improvement located within a Town right of way, park or open space without the prior written permission of the Mayor or Town Manager.
B. It is unlawful for any person to knowingly place, post, erect or paint any handbill, placard, circular, notice, advertising device or matter of any kind upon any private residence, fence, tree, store, building, or other private premises without permission from the owner, tenant, or occupant of the same.
C. Any violation of this Section shall be punishable by a fine of not more than one hundred dollars ($100.00).
(Ord. 80, Part VII, §7.8, 1993)
10.14.090 Abandoned Containers.
It is a Municipal Offense for any person to knowingly leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, structure, or dwelling under his control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has a door or lid, snaplock, or other locking device which may not be released from the inside, without first removing said door or lid, snaplock or other locking device.
(Ord. 80, Part VII, §7.9, 1993)
- 10.16 Offenses Relating to Goverrnmental Operations
-
10.16.010 Obstruction of Governmental Operations.
10.16.020 Resisting or Interfering with a Peace Officer.
10.16.030 Obstructing a Peace Officer or Firearm.
10.16.040 Accessory to Crime.
10.16.050 Refusal to Permit Inspection.
10.16.060 Compounding.
10.16.070 False Reporting to Authorities.
10.16.080 Escapes.
10.16.090 Failure to Appear in Court.
10.16.100 Tampering with a Utility.
10.16.010 Obstruction of Governmental Operations.
A. A person commits the Municipal Offense of obstructing government operations if he intentionally obstructs, impairs, or hinders the performance of a governmental function by a public servant, by using or threatening to use violence, force, or physical interference or obstacle. “Public servant,” as used herein, means any officer or employee of the Town, whether elected or appointed, or otherwise performing a governmental function of the Town, but does not include peace officers or witnesses.
B. It shall be an affirmative defense that:
1. The obstruction, impairment, or hinderance was of an unlawful action by a public servant; or
2. The obstruction, impairment, hinderance of a governmental function was by lawful activities in connection with a labor dispute with the government.
(Ord. 80, Part VIII, §8.1, 1993)
10.16.020 Resisting or Interfering with a Peace Officer.
It is unlawful to resist arrest or interfere with a peace officer.
A. Resisting Arrest. A person resists arrest if he knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting the actor’s arrest by:
1. Using or threatening to use physical force or violence against the peace officer; or
2. Using any other means which creates a risk of physical injury to the peace officer or another.
B. Interfering with a Peace Officer. A person interferes with a peace officer if he knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest or pursuing an investigation, by:
1. Using or threatening to use physical force or violence against the peace officer; or
2. Refusing or disobeying a request by the peace officer to withdraw from the immediate area of the peace officer to a reasonable distance from the officer to allow the peace officer to effect the arrest or pursue the investigation; or
3. Using any other means which create a risk of physical injury to the peace officer or another.
C. It is no defense to a prosecution under this Section that the peace officer was attempting to make an arrest or pursue an investigation which in fact was unlawful, if he was acting under the color of his official authority. A peace officer acts under the color of his official authority when, in the regular course of his assigned duties, he is called upon to make, and does make a judgment in good faith based upon surrounding facts and circumstances that an arrest or investigation should be made by him.
D. The term “peace officer” as used in this Section, means the Town Marshal or any Deputy Marshal in uniform or if out of uniform, one who has identified himself by exhibiting his credentials as a member of the Marshal’s department to the actor, or one whom the actor knew was a Town peace officer at the time of the alleged offense.
(Ord. 80, Part VIII, §8.2, 1993)
10.16.030 Obstructing a Peace Officer or Firefighter.
A. A person commits the Municipal Offense of obstructing a peace officer or firefighter when, by using or threatening to use violence, force, or physical interference, or obstacle, he knowingly obstructs, impairs, or hinders an arrest, an investigation, the enforcement of the penal law or the preservation of the peace by a peace officer, acting under color of his official authority, or knowingly obstructs, impairs, or hinders the prevention, control, or abatement of fire by a firefighter, acting under color of his official authority.
B. It is no defense to a prosecution under this Section that the peace officer was acting in an illegal manner, if he was acting under color of his official authority, as defined in the previous Section.
(Ord. 80, Part VIII, §8.3, 1993)
10.16.040 Accessory to Crime.
A. A person is an accessory to crime if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a crime under this Section, he renders assistance to such person.
B. “Render assistance” means to:
1. Harbor or conceal the other; or
2. Warn such person of impending discovery or apprehension; except that this does not apply to a warning given in an effort to bring such person into compliance with the law; or
3. Provide such person with money, transportation, weapon, disguise, or other thing to be used in avoiding discovery or apprehension; or
4. By force, intimidation, or deception, obstruct anyone in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of such person; or
5. Conceal, destroy, or alter any physical evidence that might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of such person.
(Ord. 80, Part VIII, §8.4, 1993)
10.16.050 Refusal to Permit Inspection.
A. A person commits a Municipal Offense if, knowing that a public servant, as defined in Section 10.16.010, is legally authorized to inspect property:
1. He refuses to produce or make available the property for inspection at a reasonable hour; or
2. If the property is available for inspection he refuses to permit the inspection at a reasonable hour.
B. For the purposes of this Section, “property” means any real or personal property, including books, records, and documents which are owned, possessed, or otherwise subject to the control of the Defendant. A “legally authorized inspection” means any lawful search, sampling, testing, or other examination of property, in connection with the regulation of a business or occupation, that is authorized by any Town ordinance or lawful regulatory provision.
(Ord. 80, Part VIII, §8.5, 1993)
10.16.060 Compounding.
A. A person commits the Municipal Offense of compounding if he accepts or agrees to accept any pecuniary benefit as consideration for:
1. Refraining from seeking prosecution of an offender; or
2. Refraining from reporting to law enforcement authorities the commission or suspected commission of any municipal offense or information relating to a municipal offense.
B. It is an affirmative defense to prosecution under this Section that the benefit received by the defendant did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the offense.
(Ord. 80, Part VIII, §8.6, 1993)
10.16.070 False Reporting to Authorities.
A person commits the Municipal Offense of false reporting to authorities if:
A. He knowingly causes a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, ambulance service, or any other government agency which deals with emergencies involving danger to life or property; or
B. He knowingly makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he knows that it did not occur; or
C. He knowingly makes a report or knowingly causes the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he knows that he has no such information or knows that the information is false.
(Ord. 80, Part VIII, §8.7, 1993)
10.16.080 Escapes.
A. A person commits a Municipal Offense if, while being in custody or confinement and held for or charged with a municipal offense, or while being in custody or confinement under a sentence following conviction of a municipal offense, he knowingly escapes from said place of custody or confinement.
B. Upon conviction of the offense of escape, said person shall be punished by imprisonment in the county jail for not less than thirty (30) days nor more than ninety (90) days. Any sentence imposed following conviction of this offense shall run consecutively and not concurrently with any sentence which the offender was serving at the time of the escape.
(Ord. 80, Part VIII, §8.8, 1993)
10.16.090 Failure to Appear in Court.
A. It is a Municipal Offense for any person to knowingly fail to appear in the Dinosaur Municipal Court to answer any offense pursuant to a summons and complaint or penalty assessment notice issued to said person at the time and place specified in such summons and complaint or penalty assessment notice, unless said person has paid the penalty assessment as permitted by law; and it is unlawful for such person to knowingly fail to appear for any subsequent proceedings in such case.
B. A person who is released on bail bond of whatever kind, and either before, during, or after release is accused by a complaint of any offense contained in this Title arising from the conduct for which he was arrested, commits a Municipal Offense if he knowingly fails to appear for trial or other proceedings in the Dinosaur Municipal Court in the case in which the bail bond was filed.
(Ord. 80, Part VIII, §8.9, 1993)
10.16.100 Tampering with a Utility.
A. Any person who connects any pipe, tube stopcock, wire, cord, socket, motor, or other instrument or contrivance with any main, service, pipe, or other medium conducting or supplying gas, water, sewer, or electricity to any building without the knowledge and consent of the person supplying such gas, water, sewer or electricity commits a Municipal Offense.
B. Any person who in any manner alters, obstructs, or interferes with the action of any meter provided for measuring or registering the quantity of gas, water, sewer, or electricity passing through said meter without the knowledge or consent of the person owning said meter commits a Municipal Offense.
C. Nothing in this Section shall be construed to apply to any licensed electrical or plumbing contractor while performing usual and ordinary services in accordance with recognized customs and standards.
(Ord. 80, Part VIII, §8.10, 1993)
- 10.18 Offenses Related to Juveniles
-
10.18.010 Curfew for Minors.
10.18.020 Responsibility of Parents or Guardians.
10.18.030 Aiding and Abetting a Minor.
10.18.010 Curfew for Minors.
A. It is unlawful for any child under the age of sixteen (16) to knowingly wander, loiter, idle, or play in or upon any public street, highway, road, alley, or other public ground, public place, or public building, vacant lot, or other unsupervised place subsequent to the hour of 10:30 p.m. and prior to the hour of 6:00 a.m. the following day of any week unless accompanied by an adult duly authorized by the parent or legal guardian having the care or custody of such minor, such authorization shall be in written form.
B. It is unlawful for any minor between the age of sixteen (16) years and eighteen (18) years to knowingly wander, loiter, idle, or play in or upon any public street, highway, road, alley or other public ground, public place, or public building, vacant lot, or other unsupervised place subsequent the hour of 10:30 p.m. and prior to the hour of 6:00 a.m. the following day any day of the week that school follows the next day unless accompanied by an adult duly authorized by the parent or legal guardian having the care or custody of such minor, such authorization shall be in written form.
C. It is unlawful for any minor between the age of sixteen (16) years and eighteen (18) years to knowingly wander, loiter, idle, or play in or upon any public street, highway, road, alley, or other public ground, public place, or public building, vacant lot, or other unsupervised place subsequent to the hour of 12:00 p.m. and prior to the hour of 6:00 a.m. the following day any day of the week that school does not follow the next day unless accompanied by an adult duly authorized by the parent or legal guardian having the care or custody of such minor, such authorization shall be in written form.
(Ord. 80, Part IX, §9.1, 1993; Amended Ord. 102, 2001)
10.18.020 Responsibility of Parents or Legal Guardians.
A. It is a Municipal Offense for a parent, guardian, or other person having care or custody of any child under the age of eighteen (18) years to intentionally, knowingly, or negligently allow or permit any such child to loiter, wander, idle or play in or upon a public street, highway, road, alley, or other public ground, public place, or public building, vacant lot, or other unsupervised place in violation of the provisions of Section 10.18.010 of this Chapter.
B. The fact that the child is upon the street, highway, road, alley, or other public ground, public place, public building, vacant lot, or other unsupervised place contrary to the provisions of Section 10.18.010 of this Chapter shall be prima facie evidence that the parent, guardian, or other person having custody of the child, is guilty of violating this Title.
(Ord. 80, Part IX, §9.2, 1993)
10.18.030 Aiding and Abetting a Minor.
It is a Municipal Offense for any person to knowingly approve, encourage, allow, permit, tolerate or consent to the violation by any minor child or children of any provisions of this Title or any other ordinances of the Town.
(Ord. 80, Part IX, §9.3, 1993)
- 10.20 Offenses Relating to Intoxicating Liquor and Drugs
-
10.20.010 Distribution to Minors and Others Prohibited.
10.20.020 Possession of Open Alcoholic or Fermented Malt Beverage Container Prohibited.
10.20.030 Purchase of Alcoholic or Fermented Malt Beverages by Minors Prohibited.
10.20.040 Unlawful Possession or Consumption of Alcohol by an Under Age Person.
10.20.050 Possession or Use of Marijuana by an Underage Person-Prohibited.
10.20.060 Possession of More than One (1) Ounce of Marijuana by a Person Twenty- One (21) Years of Age and Over-Prohibited.
10.20.070 Open and Public Use of Marijuana-Prohibited.
10.20.080 Transfer of Marijuana Prohibited.
10.20.090 Consumption of Marijuana and Open Marijuana Containers in Motor Vehicles Prohibited.
10.20.100 Possession of Drug Paraphernalia Prohibited.
10.20.110 Marijuana Clubs-Prohibited.
10.20.010 Distribution to Minors and Others Prohibited.
It is a Municipal Offense for any person to sell, serve, give away, dispose of, exchange, procure, or deliver or permit the sale, serving, giving, or procuring of any fermented malt beverages or malt, vinous or spirituous liquors to or for any person under the legal drinking age, to a visibly intoxicated person, or to a known habitual drunkard. Said offense shall be one of strict liability.
(Ord. 80, Part X, §10.1, 1993)
10.20.020 Possession of Open Alcoholic or Fermented Malt Beverage Container Prohibited.
A. It is unlawful of any person to intentionally, knowingly, willfully or negligently have either in his possession or within a motor vehicle under his control, while in or upon any public street, highway, alley, sidewalk, or other publicly owned property located within the Town limits, except Town parks and other recreation areas, a bottle, can or other receptacle which is open, or which has a broken seal, or the contents of which have been partially removed, and which contains any alcoholic or fermented malt beverage.
B. Nothing in this Section shall prohibit the consumption, possession or sale of alcoholic or fermented malt beverages when the Mayor has issued a permit therefor, provided that:
1. Such permit shall be issued only for a designated area;
2. Such permit shall not be issued for longer than ten (10) calendar days in any year; and
3. The Mayor has determined that the permit is necessary and desirable for conducting a public event or celebration and that adequate provision has been made for law enforcement supervision and area maintenance.
(Ord. 80, Part X, §10.2, 1993)
10.20.030 Purchase of Alcoholic or Fermented Malt Beverages by Minors Prohibited.
A. It is a Municipal Offense for any person to knowingly obtain, or attempt to obtain, fermented malt beverages or malt, vinous or spiritous liquors by any method in any place where such fermented malt beverage or malt, vinous or spiritous liquor is sold when such person is under the legal drinking age.
B. It is a Municipal Offense for any person to knowingly use any false, fraudulent or altered identification card, or make other misrepresentations of age, in order to purchase or attempt to purchase, any fermented malt beverage or malt, vinous, or spiritous liquor.
(Ord. 80, Part X, §10.3, 1993)
10.20.040 Unlawful Possession or Consumption of Alcohol by an Under Age Person.
A. As used in this Section, unless the context otherwise requires:
1. “Ethyl alcohol” means any substance which is or contains ethyl alcohol.
2. “Possession of ethyl alcohol” means that a person has or holds any amount of ethyl alcohol anywhere on his person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his immediate presence and control.
B. 1. Any person under twenty-one (21) years of age who possesses or consumes ethyl alcohol anywhere within the Town commits the Municipal Offense of illegal possession or consumption of ethyl alcohol by an underage person. Illegal possession or consumption of ethyl alcohol by an underage person is a strict liability offense.
2. The Court upon sentencing a defendant pursuant to this subsection (2) may, in addition to any fine, order that the Defendant perform up to twenty-four (24) hours of useful public service, and may further order that the Defendant submit to and complete an alcohol evaluation or assessment, an alcohol education program, or an alcohol treatment program, at such defendant’s own expense.
C. It shall be an affirmative defense to the offense described in subsection (B) of this Section that the existence of ethyl alcohol in a person’s body was due solely to the ingestion of a confectionary which contained ethyl alcohol within the limits prescribed by Section 25-5-410(1)(i)(II), C.R.S., or the ingestion of any substance which was manufactured, designed, or intended primarily for a purpose other than oral human ingestion, or the ingestion of any substance which was manufactured, designed, or intended solely for medicinal or hygienic purposes, or solely from the ingestion of a beverage which contained less than one-half of one percent of ethyl alcohol by weight.
D. The possession or consumption of ethyl alcohol shall not constitute a violation of this Section if such possession or consumption takes place for religious purposes protected by the First Amendment to the United States Constitution.
E. Prima facie evidence of a violation of subsection (B) of this Section shall consist of:
1. Evidence that the defendant was under the age of twenty-one (21) and possessed or consumed ethyl alcohol anywhere in the Town; or
2. Evidence that the defendant was under the age of twenty-one (21) years and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or impairment while present anywhere in the Town.
F. During any trial for a violation of subsection (B) of this Section, any bottle, can, or any other container with labeling indicating the contents of such bottle, can, or container shall be admissible into evidence, and the information contained on any label on such bottle, can, or other container shall be admissible into evidence and shall not constitute hearsay. A jury or a judge, whichever is appropriate, may consider the information upon such label in determining whether the contents of the bottle, can, or other container were composed in whole or in part of ethyl alcohol. A label which identifies the contents of any bottle, can, or other container as “beer”, “ale”, “malt beverage”, “fermented malt beverage”, “malt liquor”, “wine”, “champagne”, “whiskey”, “gin”, “vodka”, “tequila”, “schnapps”, “brandy”, “cognac”, “liqueur”, “cordial”, “alcohol”, or “liquor” shall constitute prima facie evidence that the contents of the bottle, can, or other container was composed in whole or in part of ethyl alcohol.
G. Sealing of Record.
1. Upon dismissal of a case pursuant to this section after completion of a deferred judgment or any other action resulting in dismissal of the case or upon completion of the court-ordered substance abuse education and payment of any fine for a first conviction of subsection (B) of this Section, the court shall immediately order the case sealed and provide to the underage person and the Town Attorney a copy of the order sealing the case for distribution by the appropriate party to all law enforcement agencies in the case.
2. Upon the expiration of one year from the date of a second or subsequent conviction for a violation of subsection (B) of this Section, the underage person convicted of such violation may petition the Municipal Court for an order sealing the record of the conviction. The petitioner shall submit a verified copy of his criminal history, current through at least the 20th day prior to the date of the filing of the petition, along with the petition at the time of filing, but in no event later than the tenth day after the petition is filed. The petitioner shall be responsible for obtaining and paying for his criminal history record. The court shall grant the petition if the petitioner has not been arrested for, charged with, or convicted of any felony, misdemeanor, petty offense, or municipal offense during the period of one year following the date of the petitioner's conviction for a violation of subsection (B) of this section.
H. The qualitative result of an alcohol test or tests shall be admissible at the trial of any person charged with a violation of subsection (B) of this Section upon a showing that the device or devices used to conduct such test or tests have been approved as accurate in detecting alcohol by the executive director of the Colorado Department of Public Health and Environment.
I. Official records of the Department of Public Health and Environment relating to the certification of breath test instruments, certification of operators and operator instructors of breath test instruments, certification of standard solutions, and certification of laboratories shall be official records admissible in court and shall constitute prima facie evidence of the information contained in such records.
J. The court shall take judicial notice of methods of testing a person’s blood, breath, saliva, or urine for the presence of alcohol and of the design and operation of devices certified by the Department of Public Health and Environment for testing a person’s blood, breath, saliva, or urine for the presence of alcohol. This subsection shall not prevent the necessity of establishing during a trial that the testing devices were working properly and that such testing devices were properly operated. Nothing in this subsection shall preclude a defendant from offering evidence concerning the accuracy of testing devices.
(Ord. 80, Part X, §10.4, 1993)
10.20.050 Possession or Use of Marijuana by an Underage Person-Prohibited.
A. As used in this Section:
1. “First Offense” means that the subject person has not had a previous conviction, adjudication, deferred prosecution, or deferred judgment for a violation of this Section or comparable law in another jurisdiction.
2. “Marijuana” shall have the same meaning as defined in Section 16(2)(f) of Article XVIII of the Colorado Constitution.
3. “Open and public” has the same meaning as set forth in Section 10.20.070 of this Title.
4. “Second or subsequent offense” means any offense after the person is convicted of a first offense.
B. 1. a. Except as described by Section 18-1-711, C.R.S. and subsections (c) and (d) of this Section, a person under twenty-one (21) years of age who possesses, uses, or openly and publicly displays marijuana anywhere within the Town of Dinosaur for a first offense shall be subject to a fine up to three hundred dollars ($300.00) and any treatment program or other conditions ordered by the Municipal Court.
b. If the defendant fails to comply with any Court-ordered treatment program or other Court-ordered conditions, the Municipal Court may commence contempt of court proceedings against the defendant.
2. Except as described by Section 18-1-711, C.R.S. and subsections (c) and (d) of this Section, a person under twenty-one (21) years of age who possesses, uses, or openly and publicly displays marijuana anywhere within the Town of Dinosaur commits for a second offense or subsequent offense a municipal offense punishable by up to a three hundred dollars ($300.00) fine, up to ninety (90) days incarceration or by both such fine and jail sentence.
C. The possession or use of marijuana shall not constitute a violation of this Section if such possession or use:
1. Takes place for religious purposes protected by the 1st Amendment to the United States Constitution; or
2. Is lawful under Article 10 of Title 44, C.R.S.
D. An underage person shall be immune from criminal prosecution under this Section if he or she establishes the following:
1. The underage person, or another underage person with the underage person, called 911 and reported in good faith that another underage person was in need of medical assistance due to marijuana consumption;
2. The underage person who called 911 provided his or her name to the 911 operator;
3. The underage person was the first person to make the 911 report; and
4. The underage person remained on the scene with the underage person in need of medical assistance until assistance arrived and cooperated with medical technicians or law enforcement personnel on the scene.
E. Prima facie evidence of a violation of subsection (B) of this Section shall consist of:
1. (1) Evidence that the defendant was under twenty-one (21) years of age and possessed or used marijuana anywhere within the Town of Dinosaur; or
2. (2) Evidence that the defendant was under twenty-one (21) years of age and manifested any of the characteristics commonly associated with marijuana intoxication or impairment when present anywhere within the Town of Dinosaur.
F. During any trial for a violation of subsection (A) of this Section, any container with labeling indicating the contents of the container is admissible into evidence, and the information contained on the label on the container is admissible into evidence and is not hearsay. A jury or a judge, whichever is appropriate, may consider the information upon the label in determining whether the contents of the container were composed in whole or in part of marijuana.
G. Nothing in this Section shall be construed to limit or preclude prosecution for any offense pursuant to Article 10 of Title 44, C.R.S., except as provided in such Article.
H. Sealing of Record.
1. Upon dismissal of a case pursuant to this section after completion of a deferred judgment or any other action resulting in dismissal of the case or upon completion of the court-ordered substance abuse education and payment of any fine for a first conviction of subsection (B) of this Section, the court shall immediately order the case sealed and provide to the underage person and the Town Attorney a copy of the order sealing the case for distribution by the appropriate party to all law enforcement agencies in the case.
2. Upon the expiration of one (1) year from the date of a conviction, dismissal, completion of a deferred judgment, or conclusion of a deferred prosecution for a violation of subsection (B) of this Section, the defendant may petition the Municipal Court for an order sealing the record of such court action. The Court shall grant such petition if the petitioner has not been arrested for, charged with, or convicted of any felony, misdemeanor, petty offense, or municipal offense during the period of one (1) year described above.
I. The qualitative result of a drug test or tests performed by or on behalf of a law enforcement agency with relevant jurisdiction shall be admissible at the trial of any person charged with a violation of subsection (B) of this Section upon a showing that the device or devices used to conduct such test or tests have been approved as accurate in detecting drugs by the Executive Director of the Colorado Department of Public Health and Environment.
J. In any judicial proceeding concerning a charge under subsection (B) of this Section, the Court shall take judicial notice of methods of testing a person’s blood or urine for the presence of marijuana and of the design and operation of devices certified by the Colorado Department of Health and Environment for testing a person’s blood or urine for the presence of marijuana. This subsection does not prevent the necessity of establishing during a trial that the testing devices were working properly and that such testing devices were properly operated. Nothing in this subsection precludes a defendant from offering evidence concerning the accuracy of testing devices.
(Ord. 2013-03, §1, 2013)
10.20.060 Possession of More than Two (2) Ounces of Marijuana by a Person Twenty-one (21) Years of Age and Over-Prohibited.
A. It is unlawful for any person twenty-one (21) years of age and over to knowingly possess more than two (2) ounces of marijuana as defined in Section 16(2)(f) of Article XVIII of the Colorado Constitution. A person who possesses not more than three (3) ounces of marijuana commits a non-criminal municipal offense and shall be punished by a fine of up to three hundred dollars ($300.00). A person who possesses more than three (3) ounces of marijuana but not more than six (6) ounces of marijuana commits a municipal offense punishable by up to a three hundred dollars ($300.00) fine, up to ninety (90) days incarceration, or by both such fine and jail sentence.
B. During any trial for a violation of subsection (a) of this Section, any container with labeling indicating the contents of the container is admissible into evidence, and the information contained on the label on the container is admissible into evidence and is not hearsay. A jury or a judge, whichever is appropriate, may consider the information upon the label in determining whether the contents of the container were composed in whole or in part of marijuana.
C. Nothing in this Section shall be construed to limit or preclude prosecution for any offense pursuant to Article 10 of Title 44, C.R.S., except as provided in such Articles.
D. The qualitative result of a drug test or tests performed by or on behalf of a law enforcement agency with relevant jurisdiction shall be admissible at the trial of any person charged with a violation of subsection (A) of this Section upon a showing that the device or devices used to conduct such test or tests have been approved as accurate in detecting drugs by the Executive Director of the Colorado Department of Public Health and Environment.
(Ord. 2013-03, §2, 2013)
10.20.070 Open and Public Use of Marijuana Prohibited.
A. Except as described in Section 18-1-711, C.R.S., a person who openly and publicly displays, consumes, or uses two (2) ounces or less of marijuana, as defined in Section 16 (2)(f) of Article XVIII of the Colorado Constitution, commits a non-criminal municipal offense and upon conviction thereof, shall punished by a fine of up to three hundred dollars ($300.00) and up to twenty-four (24) hours of useful public service. The open and public display, consumption, or use of more than two (2) ounces of marijuana or any amount of marijuana concentrate shall be deemed possession thereof and a violation shall be punished as provided for in the Colorado Revised Statutes.
B. As used in this Section, “open and public” means a place open to the general public which includes a place to which the public or a substantial number of the public has access without restriction including but not limited to streets, highways, public sidewalks, transportation facilities including rest areas, places of amusement, parks, playgrounds, Town owned open space, common open space owned by owners’ associations, common areas of public buildings and facilities that are generally open or accessible to members of the public without restriction, parking lots and areas, and shopping centers or shopping areas.
C. As used in this Section, “openly” means not protected from unaided observation lawfully made from outside the perimeter of the subject building or property not involving physical intrusion.
D. As used in this Section, “publicly” means an area that is open to general access with some restrictions and includes marijuana social clubs.
(Ord. 2013-03, §3, 2013)
10.20.080 Transfer of Marijuana Prohibited.
Any person who knowingly transfers or dispenses more than one (1) ounce, but not more than two (2) ounces of marijuana, as defined in Section 16(2)(f) of Article XVIII of the Colorado Constitution, from one person to another for no consideration commits a municipal offense and shall not be deemed dispensing or the sale thereof which shall be punishable by a fine up to three hundred dollars ($300.00) and incarceration of up to fifteen (15) days, or by both said fine and jail sentence.
(Ord. 2013-03, §4, 2013)
10.20.090 Consumption of Marijuana and Open Marijuana Containers in Motor Vehicles Prohibited.
A. As used in this Section, unless the context otherwise requires:
1. “Marijuana” shall have the same meaning as defined in Section 16(2)(f) of Article XVIII of the Colorado Constitution.
2. “Motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets and highways but does not include a vehicle operated exclusively on rails.
3. “Open marijuana container” means a receptacle or marijuana accessory that contains any amount of marijuana and:
a. that is open or has a broken seal;
b. the contents of which are partially removed; or
c. there is evidence that marijuana has been consumed within the motor vehicle.
4. “Passenger area” means the area designed to seat the driver and passengers including seating behind the driver, while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position, including but not limited to the glove compartment.
B. 1. Except as otherwise permitted in subsection (2) of this subsection (B), a person while in the passenger area of a motor vehicle that is on a public street, highway or the right-of-way of a public street or highway within the Town of Dinosaur shall not knowingly:
a. Use or consume marijuana; or
b. Have in his or her possession an open marijuana container.
2. The provisions of this subsection (B) shall not apply to:
a. Passengers, other than the driver or a front seat passenger, located in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation;
b. The possession by a passenger, other than the driver or a front seat passenger, of an open marijuana container in the living quarters of a house coach, house trailer, camper, motor home, as defined in Section 42-1-102(57), C.R.S., or trailer coach, as defined in Section 42-1-102(106)(a), C.R.S.;
c. Possession of an open marijuana container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk; or
d. The possession of an open marijuana container in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk.
3. Any person who violates the provisions of this subsection (B) commits a non-criminal municipal offense and shall be punished by a fine of three hundred dollars ($300.00).
(Ord. 2013-03, §5, 2013)
10.20.100 Possession of Drug Paraphernalia Prohibited.
A. “Drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagation, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injection, ingestion, inhaling, or otherwise introducing into the human body a controlled substance in violation of the laws of this State. “Drug paraphernalia” includes, but is not limited to:
1. Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances under circumstances in violation of the laws of this State;
2. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
3. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana;
4. Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
5. Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
6. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; or
7. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screen, permanent screens, hashish heads, or punctured metal bowls;
b. Water pipes;
c. Carburetor tubes and devices;
d. Smoking and carburetor masks;
e. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;
f. Miniature cocaine spoons and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs; or
m. Ice pipes or chillers.
B. Drug paraphernalia does not include any marijuana accessories as defined in Section 16(2)(g) of Article XVIII of the Colorado Constitution if possessed or used by a person age twenty-one (21) years or older.
C. In determining whether an object is drug paraphernalia, the Court, in its discretion, may consider in addition to all other relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. The proximity of the object to controlled substances;
3. The existence of any residue of controlled substances;
4. Direct or circumstantial evidence of the knowledge of an owner, or of anyone in control of the object, or evidence that such person reasonably should know, that it will be delivered to persons who he knows or reasonably should know, could use the object to facilitate a violation of this Section or other applicable law;
5. Instructions, oral or written, provided with the object concerning its use;
6. Descriptive materials accompanying the object which explain or depict its use;
7. National or local advertising concerning its use;
8. The manner in which the object is displayed for sale;
9. Whether the owner, or anyone in control of the object, is a supplier of like or related items to the community for legal purposes, such as an authorized distributor or dealer of tobacco products;
10. The existence and scope of legal uses for the object in the community;
11. Expert testimony concerning its use.
D. 1. Except as described in Section 18-1-711 C.R.S., a person commits the offense of possession of drug paraphernalia if he or she possesses drug paraphernalia and knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of the laws of this State or the Town of Dinosaur.
2. Any person who commits possession of drug paraphernalia commits a non-criminal municipal offense and upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300.00).
(Ord. 2013-03, §6, 2013)
10.20.110 Marijuana Clubs-Prohibited.
It shall be unlawful for any person to knowingly own, operate or maintain a marijuana club within the Town of Dinosaur. Any person who violates this Section commits a municipal offense and shall be punished by a fine of up to three-hundred dollars ($300.00) or imprisonment up to ninety (90) days or both said fine and imprisonment. Each and every day of violation of provisions of this Section is committed, exists or continues shall be deemed a separate and distinct offense.
(Ord. 2013-03, §7, 2013)
- 11.04 - Traffic Code
-
11.04.010 Adoption.
11.04.020 Deletions.
11.04.030 Additions and Modifications.
11.04.040 Penalties.
11.04.050 Procedure Non-Criminal Traffic Offense.
11.04.060 Application.
11.04.070 Interpretation.
11.04.080 Copies on File and Available for Sale.
11.04.010 Adoption.
Pursuant to Parts 1 and 2 of Article 16 of Title 31, C.R.S., as amended, there is hereby adopted by reference Parts 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, and Part 19 of the Model Traffic Code for Colorado (“Model Traffic Code”), and any appendices thereto, promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 2829 W. Howard Place, Denver, Colorado 80204. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the Town. The purpose of this Ordinance and the Code adopted herein is to provide a system of uniform traffic regulations consistent with State law, and generally conforming to similar regulations throughout the State and the nation.
11.04.020 Deletions.
The following Articles, Sections and/or subsections of the Model Traffic Code, 2020 Edition, are inapplicable to the Town of Dinosaur and are therefore deleted:
A. Part 1, “TRAFFIC REGULATION-GENERALLY,” Sections 101, Short title and 102, Legislative declaration;
B. Part 1, “TRAFFIC REGULATION-GENERALLY,” subsection (3) of Section 116 concerning restrictions for minor drivers;
C. Part 10, “DRIVING-OVERTAKING-PASSING”, Section 1011, Use of runaway vehicle ramps and Section 1012, High occupancy vehicle (HOV) and high occupancy toll (HOT) lanes;
D. Part 11, “SPEED REGULATION”, Sections 1105(5), 1105(6), 1105(7), 1105(8), and 1105(9) concerning penalties for speed contests and exhibitions;
E. Part 12, “PARKING”, Section 1210, designated areas on private property for authorized vehicles;
F. Part 14, “OTHER OFFENSES”, subsection (4) of Section 1409, Compulsory insurance-penalty-legislative intent;
G. Part 14, “OTHER OFFENSES”, subsection (9) of Section 1409, Compulsory insurance-penalty-legislative intent;
H. Part 17, “PENALTIES AND PROCEDURE”, is deleted in its entirety;
I. Part 18, “VEHICLES ABANDONED ON PUBLIC PROPERTY”, is deleted in its entirety;
J. Part 19, “SCHOOL BUSES”, Section 1904, Regulations for school buses; and
K. All Sections or subsections of the 2020 Edition of the Model Traffic Code that categorize violations into classes of traffic infractions, traffic offenses, misdemeanors, or which set forth a specific penalty for a violation, whether monetary or otherwise are hereby deleted.
11.02.030 Additions and Modifications.
The adopted Model Traffic Code is subject to the additions or modifications set forth below. All Sections not deleted, added to, or modified remain as if set out at length in the original form.
A. Subsection ((b) of Section 103 of Part 1 of the Model Traffic Code, concerning scope and effect of Code is amended to read as follows:
(b) For provisions of Sections 1211, 1401, 1402, and 1413, which shall apply upon streets and highways and elsewhere throughout the jurisdiction including private property.
B. Section 107 of Part 1 of the Model Traffic Code, concerning obedience to police officers, is hereby amended to read as follows:
107. Obedience to Law Enforcement Officers. No person shall willfully fail or refuse to comply with any lawful order or direction of any law enforcement officer vested by law with authority to direct, control, or regulate traffic. Any person who violates any provision of this Section commits a municipal offense and is subject to penalties set forth in Chapter 1.12 of Title 1 of the Dinosaur Municipal Code.
C. Subsection 7 of Section 109 of Part 1 of the Model Traffic Code, concerning low power scooters, animals, skis, skates and toy vehicles on highways, is hereby amended to read as follows:
109. Low-powered scooters, animals, skis, skates and toy vehicles on highways.
(7) For the sake of uniformity and bicycle, electrical assisted bicycle, and low-power scooter safety throughout the State, the Colorado Department of Revenue in cooperation with the Colorado Department of Transportation shall prepare and make available to all local jurisdictions for distribution to bicycle, electrical assisted bicycle, and low-power scooter riders a digest of State regulations explaining and illustrating the rules of the road, equipment requirements, and traffic control devices that are applicable to such riders and their bicycles, electrical assisted bicycles, or low-power scooters. Local authorities may supplement this digest with a leaflet describing any additional regulations of a local nature that apply within the Town of Dinosaur.
D. Subsection 11 of Section 109 of Part 1 of the Model Traffic Code, concerning low-power scooters, animals, skis, skates and toy vehicles on highways, is hereby amended to read as follows:
109. Low-power scooters, animals, skis, skates and toy vehicles on highways.
(11) Where suitable bike paths, horseback trails, or other trails have been established on the right-of-way or parallel to and within one-fourth (1/4) mile of the right-of-way of heavily traveled streets and highways, the Colorado Department of Transportation may, subject to the provisions of Section 43-2-135, C.R.S., by resolution or order entered within its minutes, and local authorities may, where suitable bike paths, horseback trails, or other trails have been established on the right-of-way or parallel to or within four hundred fifty feet (450’) of the right-of-way of heavily traveled streets, by ordinance, determine and designate upon the basis of an engineering and traffic investigation, those heavily traveled streets and highways upon which shall be prohibited any bicycle, electrical assisted bicycle, electric scooter, animal rider, animal-drawn conveyance, or other class or kind of non-motorized traffic that is found to be incompatible with the normal and safe movement of traffic, and upon such determination, the Colorado Department of Transportation or local authority shall erect appropriate official signs giving notice of the prohibition; except that, with respect to controlled access highways, Section 42-4-1010(3), C.R.S., applies. When official signs are erected, a person shall not violate any of the instructions contained on the official signs.
D. Subsection (3) of Section 114 of Part of the Model Traffic Code, concerning traffic hazards, is hereby amended to read as follows:
114. Removal of Traffic Hazards.
(3) In the event that any property owner fails or neglects to trim or remove any such tree limb or any such shrub, vine, hedge or other plant within ten (10) days after receipt of written notice from the Town of Dinosaur to do so, the Town may do or cause to be done the necessary work incident thereto, and said property owner shall reimburse the Town for the cost of the work performed. Such costs, from the time the same shall become due and payable, shall become and remain a lien on the premises until such costs have been paid to the Town. This lien on the premises may be foreclosed by an action at law or in equity in the name of the Town and in the court having jurisdiction thereof. If the Town must resort to court action for collection of the amounts due, the Town shall be entitled to its reasonable attorney’s fees and other expenses incurred in such action if the Town prevails. In the event such costs are not paid by the property owner when due, the Town Treasurer may certify the amount of the same to the County Treasurer, to be placed on the tax list for the current year, and to be collected in the same manner as other taxes are collected with ten percent (10%) added thereto to defray the cost of collection, pursuant to Section 31-20-105, C.R.S., as amended.
E. Part 1 of the Model Traffic Code is hereby amended to include the following additional Section:
119. Driving Under Restraint.
(1) Any person who drives a motor vehicle or off-highway vehicle upon any street or highway with knowledge that the person’s license or privilege to drive, either as a resident or non-resident, is under restraint for an outstanding judgment is in violation of this Section, which is designated a municipal offense.
(2)(a) In a prosecution for violation of this Section, the fact that the restraint may be established by certification that a notice was mailed by first class mail pursuant to Section 42-2-119(2), C.R.S. to the last known address of the defendant, or by the delivery of such notice to the last known address of the defendant, or by personal service of such notice upon the defendant.
(2)(b) In a prosecution for a violation of this Section, the fact of restraint in another state may be established by certification that notice was given in compliance with such state’s laws.
F. Subsection (5) of Section 116 of Part 1 of the Model Traffic Code, concerning restrictions for minor drivers, is hereby amended to read as follows:
116. Restrictions for minor drivers-definitions.
(5) No driver in a motor vehicle shall be cited for a violation of this Section unless such driver was stopped by a law enforcement officer for an alleged violation of the Model Traffic Code other than a violation of this Section.
G. Subsection (3) of Section 117 of Part 1 of the Model Traffic Code concerning limitations on use of EPAMDs is hereby amended to read as follows:
117. Personal mobility devices.
(3) An EPAMD shall not be operated:
(a) On a limited-access highway; or
(b) At a speed greater than twelve and one-half (12 ½) miles per hour.
H. Subsection (3) of Section 223 of Part 2 of the Model Traffic Code, concerning brakes, is hereby amended to read as follows:
223. Brakes.
(3) No operator of a truck or truck tractor shall use or apply engine compression brakes, also known as “jake brakes”, equipped on such vehicle while traveling within this municipality.
I. Section 234 of Part 2 of the Model Traffic Code, concerning slow moving vehicles-display of emblem, is hereby amended to read as follows:
234. Slow moving vehicles-display of emblem.
(1)(a) All machinery, equipment and vehicles, except bicycles, electrical assisted bicycles, electric scooters, and other human-powered vehicles, designed to operate or normally operated at a speed of less then twenty-five (25) miles per hour on a public highway must display a triangular slow moving vehicle emblem on the rear.
(b) Bicycles, electric assisted bicycles, electric scooters, and other human-powered vehicles may, but need not, display the emblem specified in this subsection (1).
J. Part 2 of the Model Traffic Code, concerning equipment, is hereby amended to include the following additional Section:
243. Use of tire chains on commercial vehicles prohibited.
No person shall drive any commercial vehicle, including a motor vehicle, truck, truck tractor, trailer or semitrailer used in the business of transporting persons or property over the public highways for profit, hire or otherwise equipped with tire chains within the corporate limits of the Town of Dinosaur.
K. Part 5 of the Model Traffic Code, concerning size, weight and load of vehicles, is hereby amended to include the following additional Section:
513. Weight limits on certain streets or parts thereof.
When official signs are erected giving notice thereof, no person shall operate any vehicle with a weight limit in excess of the amount specified on such signs at any time upon any of the streets.
L. Subsection (4) of Section 508 of Part 5 of the Model Traffic Code, is hereby amended to read as follows:
(4) It shall be an affirmative defense to a violation of this Section that the driver was in the immediate process of delivering or picking up materials or merchandise, providing services, or for reaching the final business destination in the Town. Motor homes, recreational trailers shall be excepted from the restrictions set forth above. Emergency service vehicles shall also be excepted from the restrictions set forth in this Section.
M. Section 614 of Part 6 of the Model Traffic Code is amended to read as follows:
614. Designation of highway maintenance, repair, or construction zones-signs-increase in penalties for speeding violations.
(1) If maintenance, repair, or construction activities are occurring or will be occurring within four (4) hours on a local street or State highway, local authorities within their jurisdiction, may designate such portion of the highway as a highway maintenance, repair, or construction zone. Any person who commits a speeding violation in a maintenance, repair or construction zone shall be subject to double the fine normally imposed for the applicable speeding violation.
(2) Local authorities, within their jurisdiction, shall designate by appropriate signs that maintenance, repair or construction activity is taking place or will be taking place within four (4) hours. Such signs shall notify the public that increased penalties for speeding violations are in effect in such zone. Local authorities shall erect or place a second sign after such zone indicating that increased penalties for speeding violations are no longer in effect. A maintenance, repair or construction zone begins at the location of the sign indicating that increased penalties are in effect and ends at the location of the sign indicating that the increased penalties are no longer in effect.
(3) Signs used for designating the beginning and end of a maintenance, repair or construction zone shall conform to the Colorado Department of Transportation requirements. Local authorities may display such signs on a fixed, variable or movable stand. Local authorities may place such sign on a moving vehicle if required for certain activities, including, but not limited to, highway painting work.
N. Subsection (1) of Section 615 of Part 6 of the Model Traffic Code, concerning schools zones, is hereby amended to read as follows:
615. School zones-increase in penalties for moving traffic violations.
(1) Any person who commits a moving traffic violation in a school zone is subject to double the fine normally imposed for any moving violation, whether a criminal traffic offense or a non-criminal traffic offense, that occurs in a school zone.
O. Part 6 of the Model Traffic Code, concerning signals, signs and markings, is amended to include the following additional Section:
616. Barricades. Whenever barricades are erected to close off part or all of a street or highway, as authorized by Section 42-4-111, C.R.S., no person shall drive around, through, or between such barricades or into the barricaded area except as directed or permitted by official signs or in compliance with the directions of a law enforcement officer or other authorized person.
P. Subsection (1) of Section 616 of Part 6 of the Model Traffic Code, concerning wildlife crossing zones-increase in penalties for moving traffic violations, is hereby amended to read as follows:
(1) Except as described by subsection (4) of this Section, a person who commits a traffic infraction or a traffic offense in a wildlife crossing zone is subject to increased penalties as set by the Dinosaur Municipal Court.
Q. Section 702 of Part 7 of the Model Traffic Code, concerning vehicles turning left, is amended to read as follows:
702. Vehicle turning left.
Unless there is an official traffic control arrow signal regulating the left turn, the driver of a vehicle intending to turn left within an intersection, or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.
R. Subsection (3) of Section 703 of Part 7 of the Model Traffic Code, concerning entering through highway at stop or yield intersection, is amended to read as follows:
703. Entering through highway-stop or yield intersection.
(3) Except when directed to proceed by law enforcement officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways, except that if the driver is involved in a collision with a vehicle, after driving past a stop sign, such collision shall be deemed prima facia evidence of his or her failure to yield the right-of-way.
S. Subsection (2) of Section 707 of Part 7 of the Model Traffic Code, concerning certain vehicles must stop at railroad grade crossings is hereby amended to read as follows:
707. Certain vehicles must stop at railroad grade crossings.
(2) This section shall not apply at street railway grade crossings within a business or residential district.
T. Subsection (3) of Section 712 of Part 7 of the Model Traffic Code, concerning driving in highway work areas, is amended to read as follows:
712. Driving in highway work areas.
(3) Local road authorities, in cooperation with law enforcement agencies, may train and appoint adult civilian personnel for special traffic duty as highway flag-persons within any highway maintenance or construction work area. Whenever such duly authorized flag-persons are wearing the badge, insignia, or uniform of their office, or engaged in the performance of their respective duties, and are displaying any official hand signal device of any type and in the manner prescribed in the adopted State of Colorado Traffic Control Manual, or supplement thereto, for signaling traffic in such areas to stop or proceed, no person shall willfully fail or refuse to obey the visible instructions or signals so displayed by such flag-person. Any alleged willful failure or refusal of the driver to comply with such instructions or signals, including information as to the identity of the driver and license plate number of the vehicle alleged to have been driven in violation, shall be reported by the work area supervisor in charge at the location to the municipal prosecutor or district attorney for appropriate penalizing action in a court of competent jurisdiction.
U. Section 1101 of Part 11 of the Model Traffic Code, concerning speed limits, is amended to read as follows:
1101. Speed limits.
(1) No person shall drive a vehicle on a traveled roadway or highway within this municipality at a speed greater than the posted speed limit, or if there is no posted speed limit, greater than the applicable speed set forth in subsection (2) below.
(2) Except when a special hazard exists that requires a lower speed limit, the following speeds shall be lawful:
(a) Twenty-five (25) miles per hour in any business district, as defined in Section 42-1-102 (11) C.R.S.;
(b) Twenty-five (25) miles per hour in any residence district, as defined in Section 42-1-101 (80), C.R.S.;
(c) Twenty (20) miles per hour in any alley; and
(d) Any speed not in excess of the speed limit designated by official traffic control devices.
(3) No driver of a vehicle shall fail to decrease the speed of such vehicle from an otherwise lawful speed to reasonable and prudent speed when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(4) Notwithstanding any other provision of this section, no person shall drive a low-power scooter on a roadway at a speed in excess of forty (40) miles per hour.
(5) It shall not be a defense to prosecution for a violation of this section that:
(a) The defendant’s conduct was not performed intentionally, knowingly, recklessly, or with criminal negligence; or
(b) The defendant’s conduct was performed under a mistaken belief of fact, including, but not limited to, a mistaken belief of the defendant regarding the speed of the defendant’s vehicle; or
(c) The defendant’s vehicle has a greater operating or fuel-conserving efficiency at speeds greater than the maximum lawful speed limit.
(6) The conduct of a driver of a vehicle which would otherwise constitute a violation of this section is justifiable and not unlawful when:
(a) It is necessary as an emergency measure to avoid an imminent or public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of said driver and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the consequences sought to be prevented by this section; or
(b) With respect to authorized emergency vehicles, the applicable conditions for exemption, as set forth in Section 108, exist.
(7) The provisions of this section shall not be construed to relieve the party alleging negligence under this section in any civil action for damages from the burden of proof proving that such negligence was the proximate cause of an accident.
V. Section 1201 of Part 12 of the Model Traffic Code, concerning parking of vehicles, is amended to read as follows:
1201. Moving a parked vehicle.
No person shall move a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety.
W. Section 1202 of Part 12 of the Model Traffic Code, concerning parking of vehicles, is amended to read as follows:
1202. Parking or abandonment of vehicles.
No person shall stop, park, or leave standing any vehicle, either attended or unattended, upon the paved or improved main-traveled part of the highway. Nothing contained in this Section shall apply to the driver of any vehicle which is disabled while on the paved or improved main-traveled portion of a highway in such a manner and to such extent that is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position, subject, when applicable, to emergency lighting requirements set forth in Section 230.
X. Section 1203 of Part 12 of the Model Traffic Code is amended to read as follows:
1203. Parking for certain purposes prohibited.
No person shall park a vehicle upon a roadway for the principal purpose of;
(a) Displaying such vehicle for sale;
(b) Washing, greasing, painting or repairing such vehicle except repairs necessitated by an emergency;
(c) Displaying advertising;
(d) Selling from such vehicle or storing merchandise for sale or for any other commercial use of any kind or nature, except as specifically allowed by the Town of Dinosaur.
Y. Subsection (7) of Section 1204 of Part 12 of the Model Traffic Code, concerning parking of vehicles, is amended to read as follows:
(7) At any place within this municipality where clearly marked signs or markings are posted by the owner, or lessee, of private property, giving notice of any stopping, standing or parking restrictions or prohibitions, no person shall stop, stand or park a vehicle in any manner in violation of the provisions contained on such sign or signs. Any violation thereof shall be punished as is other cases of unlawful parking; provided, however, that the Marshal’s Department shall require the owner or lessee of the property to sign a complaint prior to taking action.
Z. Part 12 of the Model Traffic Code is amended to include the additional Section 1214 to read as follows:
1214. Parking on emergency snow routes.
During a snow event, it shall be unlawful for a person to stand or park a vehicle on the side of a street that constitutes an emergency snow route with even numbered addresses on even numbered calendar days and the side of the street that constitutes an emergency snow route with odd numbered addresses on odd numbered calendar days from 5:00 a.m. to 5:00 p.m. For the purposes of this Section, a “snow event” shall begin when there are two inches (2”) of undrafted snow accumulation and shall remain in effect for seventy-two (72) hours after the snow fall ends.
AA. Section 1401 of Part 14 of the Model Traffic Code, concerning reckless driving, is amended to read as follows:
1401. Reckless driving.
Any person who drives any motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter anywhere within this Town in such a manner as to indicate either a willful or wanton disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of Section 42-2-127, C.R.S.
BB. Section 1402 of Part 14 of the Model Traffic Code, concerning careless driving, is amended to read as follows:
1402. Careless driving.
Any person who drives any motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter anywhere within this municipality in a careless and imprudent manner without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances is guilty of careless driving. A person convicted of careless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of Section 42-2-127, C.R.S.
CC. The “Definitions” section contained in the appendices to the Model Traffic Code is hereby amended to include the following:
Meaning of words.
Whenever any words and phrases used are defined in the “Definitions” section of the 2020 Model Traffic Code for Colorado, they shall have such meaning ascribed to them. In all cases where the definition or meaning of a word is not set forth and its meaning is not sufficiently apparent in its connection with the subject, the definition given in Webster’s Dictionary shall be taken as the true meaning.
(8.7) “Barricade” means a portable or fixed barrier having object markings, including but not limited to traffic cones, used to close all or a portion of the right-of-way to vehicular traffic.
(57.5) “Motorized skateboard” means any self-propelled device that has a motor or engine, a deck designed to be stood or sat upon by the operator, on which a person may ride, which may or may not have handlebars and has at least two (2) wheels in contact with the ground. However, a wheelchair or other special motorized unit designed for and used by persons physically disabled to assist their mobility shall not be considered a motorized skateboard.
11.04.040 Penalties.
A. Part 17 of the Model Traffic Code for Colorado 2020 Edition, shall read as follows:
Any person who violates any of the provisions contained in the Model Traffic Code shall be deemed to have committed a non-criminal traffic offense. Every person who is convicted of, who admits liability for, or against whom a judgment is entered, for a non-criminal traffic offense shall be punished by a fine of up to one hundred fifty dollars ($150.00) except any of the following violations which shall constitute a criminal municipal offense punishable by a fine of up to three hundred dollars ($300.00), imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. The presiding Judge of the Municipal Court shall promulgate a schedule of penalties for all non-criminal traffic offenses contained in the Model Traffic Code. Said schedule shall be prominently posted in the office of the Municipal Court:
A. MTC 1101 (1)
Speeding - the alleged violator is accused of exceeding the prima facia speed limit by more than 19 mph;
B. MTC 1101 (3)
Special Hazards (if the alleged violation has caused, or contributed to the cause of, an accident resulting in appreciable damage to property of another or an injury or the death to any person);
C. MTC 1105
Speed Contest;
D. MTC 1401
Reckless Driving;
E. MTC 1402
Careless Driving (if the violation has caused, or contributed to the cause of, an accident resulting in appreciable damage to property of another or an injury or death to any person);
F. MTC 1413
Eluding or Attempting to Elude a Police Officer;
G. MTC 1903
Stopping for School Buses; and
H.
Any other offense contained in the Model Traffic Code resulting in an accident causing personal injury or substantial property damage.
11.04.050 Procedure Non-Criminal Traffic Offense.
A. Notwithstanding the provisions of Rule 223(a) and (b) of the Colorado Municipal Court Rules of Procedure, or any other provision of law, the right of a jury trial shall not be available at a hearing where the cited person is charged with a non-criminal traffic offense. In addition, no person charged with a non-criminal traffic offense shall be afforded the right of Court-appointed counsel.
B. The Colorado Municipal Court Rules of Procedure shall apply to any hearing where the cited person is charged with a non-criminal traffic offense, unless any of the rules are clearly inapplicable. The burden of proof shall be upon the People beyond a reasonable doubt.
C. An appeal from final judgment on a non-criminal traffic offense shall be made in accordance with Rule 237 of the Colorado Municipal Court Rules of Procedure and Article 10, Title 13, C.R.S.
D. Except as otherwise provided in this subsection, no person against whom a judgment has been entered for a non-criminal traffic offense shall collaterally attack the validity of that judgment unless such attack is commenced within three (3) months after the date of entry of the judgment. The only exceptions to the time limitations shall be:
1. A case in which the Court entering judgment did not have jurisdiction over the subject matter of the alleged infraction.
2. A case in which the Court entering judgment did not have jurisdiction of the person of the violator.
3. Where the Court finds by a preponderance of the evidence that the failure to seek relief within the applicable time period was caused by an adjudication of incompetence or by commitment of the violator to an institution for treatment as a mentally ill person; or
4. Where the Court finds that the failure to seek relief within the applicable time period was the result of circumstances amounting to justifiable excuse or excusable neglect.
E. At any time that a person is cited for the commission of any non-criminal traffic offense, the citing officer shall give a notice to the person in charge of or operating the motor vehicle involved, which notice shall be in the form of a Penalty Assessment Notice.
F. The Penalty Assessment Notice tendered by the citing officer shall contain the name and address of such person, the license number of the vehicle involved, if any, the number of such person’s driver’s license, the nature of the offense, the amount of the penalty prescribed for such offense, the date of the Notice, the time and place and when and where such person shall appear in Court in the event such penalty is not paid, and a place for such person to execute a signed acknowledgment of liability and an agreement to pay the penalty prescribed within twenty (20) days as well as such other information as may be required by law to constitute such Notice as a Summons and Complaint to appear in Court, should the prescribed penalty not be paid within the time period.
G. One copy of the Notice shall be given to the violator by the citing officer.
H. The time specified in the Notice to appear shall be at least twenty-one (21) days, but not more than forty-five (45) days after the date of such citation, unless the person cited shall demand an earlier hearing.
I. Whenever the alleged violator refuses to sign or accept the Penalty Assessment Notice, tender of such Notice by the citing officer to the alleged violator shall constitute service of a Summons and Complaint.
J. In the event a person who has been cited for a non-criminal traffic offense fails to pay the penalty assessment within the time period specified in the Penalty Assessment Notice, he/she shall make an appearance and answer the Complaint against him/her. If the alleged violator answers that he/she is liable, judgment shall be entered against him/her, and he/she shall be assessed the appropriate penalty on the Complaint and if he/she denies liability, a trial shall be held within the time period prescribed in Rule 248 of the Colorado Municipal Court Rules of Procedure. If the alleged violator fails to appear for a final hearing, a default judgment shall be entered against him/her, and he/she shall be assessed the appropriate penalty and applicable Court costs.
K. In the event a person who has been cited for a non-criminal traffic offense fails to pay the penalty assessment within the time period specified in the Penalty Assessment Notice and fails to appear at the time and place specified in the Notice a default judgment shall be entered against him/her, and he/she shall be assessed the appropriate penalty and Court costs. The Clerk of the Municipal Court may proceed to collect this judgment as provided by law, and shall certify the same to the Department of Revenue as provided in Section 42-4-1709(7), C.R.S..
L. If the alleged violator is cited for a non-criminal traffic offense, he/she shall be privileged to answer the Complaint made against him in the manner provided in the Colorado Municipal Court Rules of Procedure. The maximum penalty which may be imposed shall not exceed the penalty set forth in the Penalty Assessment Notice.
M. If a person receives a Penalty Assessment Notice for a violation under this Chapter 11.04 and such person pays the fine and surcharge for the violation on or before the date the payment is due, the points assessed for the violation are reduced as follows, in the manner and to the extent permitted by. Sections 42-2-127(5.5) and (5.6), C.R.S.
1. For a violation having an assessment of three (3) or more points, the points are reduced by two (2) points.
2. For a violation having an assessment of two (2) points, the points are reduced by one (1) point.
11.04.060 Application.
This Chapter shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public place or public parking area, within the corporate limits of this municipality, the use of which this municipality has jurisdiction and authority to regulate. The provisions of Sections 1211, 1401, 1402 and 1413 of the adopted Model Traffic Code, respectively, concerning limitations on backing, reckless driving, careless driving, and eluding a police officer shall apply not only to public places and ways but also on private property throughout this municipality. Pursuant to Section 103 of the Model Traffic Code, all stop sign regulations and speed limits shall be enforced upon any way which is open to travel by the public by motor vehicles and which is privately maintained when appropriated signs giving notice of such enforcement are erected at the entrances to such ways. In addition, as authorized by Section 1204 of the Model Traffic Code, the owner or lessee of any private property available for public use in the Town may request in writing that specified areas on such property be designated for use only by authorized vehicles or only at specified times, or may prohibit parking entirely, and upon acceptance by motion of the Town Council, these private rights-of-way shall be clearly marked by the owner or lessee with official traffic control devices. It is unlawful for any person to park any vehicle in violation of any such sign or marking.
11.04.070 Interpretation.
This Chapter shall be so interpreted and construed as to effectuate its general purpose to conform with the State’s uniform system for the regulation of vehicles and traffic. Article and section headings of this Chapter and the adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof.
11.04.080 Copies on File and Available for Sale.
At least one copy of the Model Traffic Code for Colorado, 2020 Edition, together with one copy of the Ordinance shall be kept on file in the office of the Town Clerk, or in the office of the Town Marshal as provided by §31-16-206, C.R.S. The Clerk shall at all times maintain a reasonable supply of copies of the Model Traffic Code for Colorado, 2020 Edition, available for purchase by the public at a moderate price.
(Ord. 89, 1996; Amended Ord. 120, 2008; Amended Ord. 2, §1, 2021)
- 11.06 - Truck Routes
-
11.06.010 Definitions.
11.06.020 Restricted Routes-Designated.
11.06.030 Trucks and Other Commercial Vehicles Prohibited on Restricted Routes.
11.06.040 Signs Required.
11.06.010 Definitions.
The following terms, as used in this Chapter shall have the meanings hereinafter designated unless the context specifically indicates otherwise or unless such meaning is excluded by express provision:
A. “Immediate area of operation” means a segment of a restricted route between successive intersecting streets, including any restricted route, which provides the only practical access to that segment of the restricted route.
B. “Mobile machinery” shall have the same meaning as defined in the Model Traffic Code for Colorado Municipalities, as adopted by the Town of Dinosaur.
C. “Official traffic control devices” means all signs, signals, markings, and devices not inconsistent with State law, placed or displayed by authority of the Town, for the purpose of regulating, warning or guiding traffic.
D. “Restricted route” means any street, highway, public way or portion thereof prohibited to the operation of certain through truck and other commercial vehicle traffic, as designated in this Chapter.
E. “Road tractor” shall have the same meaning as defined in the Model Traffic Code for Colorado Municipalities, as adopted by the Town of Dinosaur.
F. “Semi-trailer” shall have the same meaning as defined in the Model Traffic Code for Colorado Municipalities, as adopted by the Town of Dinosaur.
G. “Through truck traffic” means operation of a truck or mobile machinery without origin or destination in the immediate area of operation.
H. “Truck” means any motor vehicle equipped with a body designed to carry property which his generally and commonly used to carry and transport property over the public streets, except privately owned recreation motor vehicles, in excess of twenty-six thousand pounds gross vehicle weight rating (26,000 G.V.W.R.).
I. “Truck tractor” shall have the same meaning as defined in the Model Traffic Code for Colorado Municipalities, as adopted by the Town of Dinosaur. “Truck” also means any motor vehicle equipped with tandem axles.
(Ord. 115, §1, 2008)
11.06.020 Restricted Routes-Designated.
All streets within the Town of Dinosaur, except U.S. Highway 40 and State Highway 64, are hereby designated as restricted truck routes.
(Ord. 115, §2, 2008)
11.06.030 Trucks and Other Commercial Vehicles Prohibited on Restricted Routes.
A. Through truck traffic, as defined in subsections (G) and (H) of Section 11.06.010 above, including road tractors and semi-trailers, as well as mobile machinery, shall be prohibited upon the designated restricted truck routes set forth in Section 11.06.020 above, except as otherwise provided in this Section. It shall constitute a municipal offense for any person to operate or cause to be operated a truck, including a road tractor and semi-trailer, or mobile machinery, upon a restricted route without an origin or destination in the immediate area of operation. Such offense shall be punishable by a fine not to exceed three hundred dollars ($300.00). Nothing contained herein shall prevent a truck or mobile machinery to use a restricted route while traveling to or from a truck terminal or place of loading and unloading, if such truck or mobile machinery proceeds from the restricted route to an unrestricted route without an unreasonable increase of the distance to be traveled on a restricted route.
B. Any person operating a truck, including a road tractor and semi-trailer, upon a restricted route, shall have in his possession a log book, delivery slip or other evidence of his point of origin and destination to justify the presence of the vehicle upon such route. Failure to produce such evidence upon request of a peace officer shall constitute a municipal offense punishable by a fine not to exceed three hundred dollars ($300.00).
(Ord. 115, §3, 2008)
11.06.040 Signs Required.
In accordance with Section 106(3) of the Model Traffic Code for Colorado Municipalities, as adopted by the Town of Dinosaur, the Town shall erect appropriate official traffic control devices, as determined by the Town’s Traffic Engineer, designating the restrictions set forth in this Chapter.
(Ord. 115, §4, 2008)
- 11.08 - Abandoned and Junk Vehicles
-
11.08.010 Definitions.
11.08.020 Abandonment of Vehicles Prohibited.
11.08.030 Junked Vehicles Prohibited.
11.08.040 Abandoned and Junked Vehicles-Public Tow.
11.08.050 Post-Storage Hearing.
11.08.060 Release of Impounded Vehicles.
11.08.070 Abandoned and Junked Vehicles-Private Tow.
11.08.080 Disposition of Abandoned Vehicles.
11.08.090 Advertisement Prior to Public Sale.
11.08.100 Proceed to Sale.
11.08.110 Disposal of Unsold Abandoned Vehicles.
11.08.120 Waiver of Liability.
11.08.130 Authority to Immediate Towing.
11.08.140 Impoundment.
11.08.150 Post-Storage Hearing.
11.08.160 Disposition of Unclaimed Vehicles.
11.08.010 Definitions.
As used in this Chapter, unless the context otherwise requires:
A. “Abandoned Vehicle” means:
1. Any vehicle left unattended on private property for a period of twenty-four (24) hours or longer without the consent of the owner or lessee of such property or his legally authorized agent; or
2. Any vehicle left unattended on public property, including any portion of a public right-of-way, within the Town for a period of seventy-two (72) hours or longer, unless the owner of the vehicle has been granted permission by the Town Manager or Town Council to park it for an extended period.
3. Any vehicles stored in an impoundment lot at the request of its owner or the owner’s agent of the Dinosaur Marshal Department and not removed from the impound lot according to the agreement with the owner or agent or within seventy-two (72) hours of the time the Dinosaur Marshal Department notified the owner or agent that the vehicle is available for release upon payment of any applicable charges or fees. If the Dinosaur Marshal Department requested the storage, the provision governing public tows as contained in Section 11.08.040 shall apply as of the time of abandonment. Otherwise, the private tow provision contained in Section 11.08.060 shall apply as of the time of abandonment.
B. “Disable vehicle” means any vehicle which is stopped or parked, either tended or unattended, upon a public right-of-way and which is, due to any mechanical failure or any inoperability because of collision, fire, or other such injury, temporarily inoperable under its own power.
C. “Junked vehicle” means any vehicle:
1. Extensively damaged, such damage including but not limited to any of the following: a broken window, windshield or both; missing wheels, tires or transmission; and
2. Apparently inoperable.
D. “Motor home” means a vehicle designed to provide temporary living quarters and which is built into, as an integral part of or a permanent attachment to, a vehicle chassis or van.
E. “Operator” means a person or firm licensed by the Public Utilities Commission as a tow carrier.
F. “Parking” means standing of a vehicle, whether occupied or not, other than very briefly for the purpose of and while actually engaged in loading or unloading property or persons.
G. “Private property” means any real property, which is not public property.
H. “Private tow” means any tow of an abandoned or junked vehicle not requested by the Dinosaur Marshal Department.
I. “Public property” means any real property having its title, ownership, use, or possession held by the federal government, the State, any county or municipality, or other governmental entity of this State.
J. “Public tow” means any tow of an abandoned or junked vehicle requested by the Dinosaur Marshal Department.
K. “Vehicle” means any device, which is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. “Vehicle” includes any bicycle, off-highway vehicle, snowmobile, trailer, farm tractor or any implement of husbandry designed primarily or exclusively for use and used in agricultural operations.
(Ord. 104, § 14.08.10, 2002)
11.08.020 Abandonment of Vehicles Prohibited.
No person shall knowingly abandon any vehicle upon public property or upon private property other than his/her own. Any person committing such offense shall, upon conviction thereof, be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for a period not to exceed ninety (90) days or by both fine and imprisonment. Each day or portion thereof during which such violation continues shall be deemed to constitute a separate offense.
(Ord. 104, §14.08.20, 2002)
11.08.030 Junked Vehicles Prohibited.
A. No person shall knowingly leave any partially dismantled, wrecked, discarded, junked or unlicensed vehicle on any public property within the Town.
B. It is unlawful for any person who is the owner of any vehicle or any person who is in the charge or control of any property within the Town, whether as owner, tenant, occupant, lessee or otherwise, to knowingly permit or allow a wrecked, junked, unlicensed or discarded vehicle to remain on such property longer than thirty (30) days; provided, that this subsection shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained for impounded vehicles by the Town.
C. Any person violating the provisions of this Section shall be deemed guilty of a criminal offense and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for a period not to exceed ninety (90) days, or by both fine and imprisonment. Each separate day or any portion thereof during which such violation continues shall be deemed to constitute a separate offense.
(Ord. 104, §14.08.30, 2002)
11.08.040 Abandoned and Junked Vehicles-Public Tow.
A. Any law enforcement officer who finds a vehicle which he has reasonable grounds to believe has been abandoned or junked shall require such vehicle to be removed or cause the same to be removed and placed in storage in any impound lot designed or maintained by the Dinosaur Marshal Department.
B. Upon having an abandoned or junked vehicle towed, the Dinosaur Marshal Department shall ascertain, if possible, whether or not the vehicle has been reported stolen and, if so reported, the Marshal Department shall take such actions as it deems appropriate in accordance with established procedure. The Dinosaur Marshal Department shall have the right to recover from the owner its reasonable costs to recover and secure the vehicle.
C. As soon as possible, but in no event later than ten (10) working days after having an abandoned or junked vehicle towed, the Dinosaur Marshal Department shall report the same to the Colorado Department of Motor Vehicles by first class or certified mail or by personal delivery, which report shall be on a form prescribed and supplied by the Department of Motor Vehicles. The report shall contain the information required in Section 42-4-1804, C.R.S., as amended.
D. The Dinosaur Marshal Department, upon receipt of an ownership report from the Department of Motor Vehicles, shall determine, from all available information and after reasonable inquiries, whether or not the abandoned or junked vehicle has been reported as stolen and if so report, the Dinosaur Marshal Department shall take such actions as it deems appropriate in accordance with established procedure. The Dinosaur Marshal Department shall have the tight to recover from the owner its reasonable costs to recover and secure the vehicle.
E. The Dinosaur Marshal Department, within ten (10) working days of the receipt of the report from the Colorado Department of Motor Vehicles, shall notify by certified mail the owner of record, if ascertained, and any lienholder, if ascertained, of the fact of such report and the claim, if any, of a lien under Section 42-4-1806, C.R.S., as amended, and shall send a copy of such notice to the towing operator. The notice shall contain information that the vehicle has been reported abandoned or junked to the Department of Motor Vehicles, the location of the vehicle and the location from which it was towed and that unless claimed within thirty (30) calendar days from the date of notice was sent as determined from the postmark on the notice, the vehicle is subject to sale. Such notice shall also inform the owner of record of his opportunity to request a hearing concerning the legality of the towing of his/her abandoned or junked vehicle, and that the Dinosaur Marshal Department may be contacted for that purpose. A request for hearing shall be made in writing to the Dinosaur Marshal Department within ten (10) days of the postmark date of sending such notice. Such hearing, if requested, shall be conducted pursuant to Section 24-4-105, C.R.S.
(Ord. 104, §14.08.40, 2002)
11.08.050 Post-Storage Hearing.
A. Upon request, a hearing shall be conducted before the Dinosaur Municipal Court within seventy-two (72) hours after the receipt of the owner’s request, excluding weekends and holidays. The failure of the owner to request or to attend a scheduled hearing shall satisfy the hearing requirement of this Section. The sole issue before the Municipal Judge shall be whether there was probable cause to impound the vehicle in question. The burden of proof shall be on the Dinosaur Marshal Department to establish probable cause for the impoundment.
B. “Probable cause for impoundment” means such a state of facts as would lead a person of ordinary care or prudence to believe there was sufficient violation of the Dinosaur Municipal Code to grant legal authority for the removal of the vehicle.
C. The Municipal Judge shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The person demanding the hearing shall have the burden of establishing that such person has the right to the possession of the vehicle. At the conclusion of the hearing, the Municipal Judge shall prepare a written decision. A copy of such decision shall in no way affect any criminal proceeding in connection with the impound in question, and any criminal charges in such proceeding may only be challenged in a court of competent jurisdiction. The decision of the Municipal Judge shall be final.
D. The Municipal Judge shall only determine that there was or was not probable cause to impound the vehicle. If the Judge finds that there was no probable cause, the vehicle shall be released to its owner and the Town shall pay all towing and storage fees. If the owner fails to present the decision of the Municipal Judge to the operator having custody of the vehicle within twenty-four (24) hours of its receipt, excluding such days when the operator is not open for business, the owner shall assume liability for all subsequent storage charges.
(Ord. 104, §14.08.50, 2002)
11.08.060 Release of Impounded Vehicles.
Except as provided for in Section 11.08.080, any owner, operator, or employee of any garage, service station or any appointed custodian who releases any vehicle impounded or ordered held by an officer of the Dinosaur Marshal Department without a release from an officer of the Dinosaur Marshal Department or a bona fide court order commits a Class B Municipal Offense.
(Ord. 104, §14.08.55, 2002)
11.08.070 Abandoned or Junked Vehicle-Private Tow.
A. Any owner or lessee, or his agent authorized in writing, may have an abandoned or junked vehicle removed from his property by having it towed and impounded by an operator.
B. Any operator having in his possession an abandoned or junked vehicle from a private tow shall immediately notify the Dinosaur Marshal Department as to the name of the operator and the location of the impound lot where the vehicle is located and a description of the abandoned or junked vehicle, including the make, model, color, and year, the number, issuing state, and expiration date of the license plate, and the vehicle identification number. Upon such notification, the Dinosaur Marshal Department shall ascertain, if possible, whether or not the vehicle has been reported stolen and, if so reported, the Marshal Department shall recover and secure the vehicle and notify its rightful owner. The Dinosaur Marshal Department shall have the right to recover from the owner its reasonable costs to recover and secure the vehicle.
C. Any operator shall, as soon as possible, but in no event later than seventy-two (72) hours after receipt of the determination that such vehicle has not been reported stolen, report the same in the Department of Motor Vehicles by first class or certified mail or by personal delivery, which report shall be on a form prescribed and supplied by the Department of Motor Vehicles. The report shall contain the information required in Section 42-4-1804, C.R.S.
D. Within ten (10) working days of the receipt of an ownership report from the Department of Motor Vehicles, the operator shall notify the owner of record and any lienholder by certified mail or by personal delivery. The operator shall send a copy of the notice by certified mail or by personal delivery to the Dinosaur Marshal Department. Such notice shall contain the following information:
1. That the identified vehicle has been reported abandoned or junked to the Department of Motor Vehicles;
2. The claim, if any, of a lien under Section 42-2-1806, C.R.S., as amended;
3. The location of the vehicle and the location from which it was towed; and
4. That, unless claimed within thirty (30) calendar days from the date the notice was sent as determined from the postmark on the notice, the vehicle is subject to sale.
(Ord. 104, §14.08.60, 2002)
11.08.080 Disposition of Abandoned Vehicles.
A. Abandoned vehicles removed from public or private property at the request of the Dinosaur Marshal Department shall be appraised and sold by the Town Manager or Town Council or his designee at a public or private sale, as determined in his sole discretion, held not less than thirty (30) days after the date of the notice required by Section 11.08.040(E) above.
B. If the appraised value of an abandoned vehicle sold pursuant to this Section is two hundred dollars ($200.00) or less, the sale shall be made only for the purpose of junking, scrapping or dismantling such vehicle, and the purchaser thereof shall not, under any circumstances, be entitled to a Colorado Certificate of Title. The Town Manager or Town Council or his designee making the sale shall cause to be executed and delivered a bill of sale, together with a copy of the report described in Section 11.08.040(E) above, to the person purchasing such vehicle. The bill of sale shall state that the purchaser acquires no right to a certificate of title for such vehicle. The Town Manager or Town Council or his designee shall promptly submit a report of sale, with a copy of the bill of sale to the Department of Revenue and shall deliver a copy of such report of sale to the purchaser of the vehicle. Upon receipt of any report of sale with supporting documents on any sale made pursuant to this subsection (B), the Department of Revenue shall purge the records for the vehicle as required by Colorado law and shall not issue a new Certificate of Title for the vehicle.
C. If the appraised value of an abandoned vehicle sold pursuant to this Section is more than two hundred dollars ($200.00), the purchaser may make the sale for any intended use thereof. The Town Manager or Town Council or his designee making the sale shall cause to be executed and delivered a bill of sale, together with a copy of the report described in Section 11.08.040(E) above, and an application for a Colorado Certificate of Title signed by a legally authorized representative of the Town Manager or Town Council or his designee conducting the sale, to the person purchasing such vehicle. The purchaser of the abandoned vehicle shall be entitled to a Colorado Certificate of Title upon application and proof of compliance with the applicable laws of the State of Colorado.
(Ord. 104, §14.08.80, 2002)
11.08.090 Advertisement Prior to Public Sale.
Prior to any public sale conducted by the Town Manager or Town Council or his designee to dispose of unclaimed abandoned vehicles, the Town Manager or Town Council or his designee shall prepare a notice which shall be published in the official newspaper of the Town of two (2) different occasions one (1) week apart, and shall be posted on the Town’s website, which notice shall be directed to the public and shall contain a statement of the following matter:
A. A list of all abandoned vehicles then in possession of the Marshal Department and which have remained in its possession unclaimed for the proper period of time.
B. A notification of all persons who may have any claims to the ownership or title of any of the abandoned vehicles mentioned in the notice that they must present their claims to the Town Manager or Town Council or his designee, prior to the date of the sale, or such claims shall be forever barred.
C. A statement of the time and place where all unclaimed abandoned vehicles shall be sold by the Town Manager or Town Council or his designee.
D. The time fixed in the notice for the sale shall not exceed fifteen (15) days or less than five (5) days form the date of last publication of the notice.
E. If they apply, the provisions of 11.08.090(B) or (C) relative to the limitation on the vehicle.
(Ord. 104, §14.08.81, 2002)
11.08.100 Proceed to Sale.
A. If the sale of any vehicle and its attached accessories or equipment under the provisions of Section 11.08.090 produces an amount less than equal to the sum of all the charges of the Town, then the Town shall have a valid claim against the owner of record for the full amount of such charges, less the amount received upon the sale of such vehicle. This claim may be enforced by any manner permitted by law.
B. If the sale of any vehicle and its attached accessories or equipment under the provisions of Section 11.08.090 produces an amount greater than the sum of all charges of the Town, plus any liens, and balance then remaining shall be credited back to the owner as per State statutes.
(Ord. 104, §14.08.84, 2002)
11.08.110 Disposal of Unsold Abandoned Vehicles.
The Town Manager or Town Council is authorized to dispose of any and all abandoned vehicles not sold at public sale conducted as provided in this Chapter, at any reasonable time thereafter, as determined in his sole discretion to be in the best interests of the Town, and in such event, the report of any such disposition shall be furnished to the Department of Revenue for the disposition of the Certificate of Title as provided and required by Colorado law.
(Ord. 104, §14.08.86, 2002)
11.08.120 Waiver of Liability.
Neither the Chief Marshal, the Town Manger or Council member, any officer, their designees, or any person acting under their direction or control shall be liable or responsible in any manner to the owner of the vehicle, the person claiming to be the owner of a vehicle, or any other person, for or on account of any damage to the vehicle or property, or the loss or damage of or to any property which may be contained within the vehicle as a result of towing, storing or disposing of the vehicle pursuant to the provisions of this Section.
(Ord. 104, §14.08.100, 2002)
- 11.10 - Towing of Motor Vehicles
-
11.10.010 Authority for Immediate Towing.
11.10.020 Impoundment-Notice Required.
11.10.030 Impoundment-Fees.
11.10.040 Disposition of Unclaimed Vehicles.
11.10.050 Post-Storage Hearing.
11.10.010 Authority for Immediate Towing.
The Chief Marshal of the Town or any Deputy is authorized to remove immediately, without prior notice to the owner or occupant any vehicle from any public or private property under any of the circumstances hereinafter enumerated, the Town Council finding and determining that such vehicles under such circumstances constitute obstructions to traffic or public nuisances:
A. When a vehicle is left unattended upon any bridge, viaduct, or when such vehicle constitutes an obstruction to traffic; or
B. When a vehicle upon a public way is so disabled so as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal; or
C. When any vehicle is left unattended upon any street or parked illegally so as to constitute a definite hazard or obstruction to the normal movement of traffic or left unattended upon any public street with engine running or with keys in the ignition switch or lock; or
D. When any vehicle is parked or left standing upon any area or portion of a public street in violation of or contrary to a parking limitation or prohibition established by the traffic engineer, provided such area or portion of the public street has been posted with an official sign or signs giving notice both of such limitation and prohibition and of the fact that such area or portion of such street is a tow-away area; or
E. When a vehicle is parked in violation of any traffic ordinance and is an obstruction or hazard or potential obstruction or hazard to any lawful function or limits the normal access to a use of any public or private property; or
F. When a driver of such vehicle is taken into custody by an officer and the vehicle would thereby be left unattended upon a street, highway or restricted parking area or other public way; or
G. When the driver of a vehicle is reasonably suspected of using license plates or a license permit unlawfully, misusing the license plates or license permit issued to him, or a vehicle is driven without proper license plates or license permit, or with no license plates or license permit, or driven with an invalid or expired license permit; or
H. When the driver of a vehicle is driving without an operator’s license or chauffeur’s license which is current and valid, or who does not have such license in his immediate possession, or who drives a vehicle contrary to restrictions imposed upon his license, or who drives a vehicle while his operator’s license or chauffeur’s license is denied, suspended, canceled or revoked by the State; or
I. Where a vehicle is found parked on or near to any railroad tracks so as to block the same in any manner, or when any truck, tractor, or semi-trailer is parked in any parking-metered space; or
J. When a driver of any vehicle or the vehicle which he is driving is reasonably suspected of having been in any hit-and-run accident; or
K. When any vehicle is reasonably suspected of being stolen or parts thereof to be stolen; or
L. When the driver of any vehicle is taken into custody for a suspected felony or misdemeanor, or when the vehicle is suspected of containing stolen goods or other contraband.
(Ord. 104, §14.08.110, 2002)
11.10.020 Impoundment Notice-Required.
Whenever, as authorized in this Chapter, an officer or employee of the Town removes a vehicle from the place where it was left, the officer or employee shall give a notice in writing of such impoundment, as required by Section 11.08.080. Impoundment fees shall be as provided in Section 11.10.030.
(Ord. 104, §14.08.130, 2002)
11.10.030 Impoundment Fees.
No vehicle towed, stored or impounded at the request of the Dinosaur Marshal Department as provided in this Section shall be released until the charge for towing or otherwise removed such vehicle together with the charge for storage for the same, as hereinafter set forth, shall have been paid. The charge of towing an abandoned or junked vehicle, which weighs less than ten thousand (10,000) pounds shall not exceed fifty dollars ($50.00) or such greater amount as, may be allowed by statute. The charge for the storage of an abandoned or junked vehicle which weighs less than ten thousand (10,000) pounds shall not exceed the rate of four dollars ($4.00) per day or such greater amount as may be allowed by statute, for a maximum of sixty (60) days.
(Ord. 104, §14.08.70, 2002)
11.10.040 Disposition of Unclaimed Vehicles.
Vehicles removed pursuant to this Title shall be disposed of in a manner as provided in Section 11.08.080.
(Ord. 104, §14.08.140, 2002)
11.10.050 Post-Storage Hearing.
Upon request, the owner of a vehicle removed pursuant to Section 11.10.010 shall be entitled to a hearing as provided in Section 11.08.050.
(Ord. 104, §14.08.130, 2002)
- 11.15 - Off Highway Vehicles
-
11.12.010 Definitions.
11.12.020 Off-Highway Routes Designated.
11.12.030 Regulations Concerning the Operation of Off-Highway Vehicles within the Town.
11.12.010 Definitions. The following terms shall have the meanings hereinafter designated unless such meaning is excluded by an express provision.
A. “Off-highway vehicles” shall mean any self-propelled vehicle which is designed to travel on wheels three (3) or four (4), or tracks in contact with the ground, which is designed primarily for use off of the public highways, and which is generally and commonly used to transport persons for recreational purposes. “Off-highway vehicles” does not include the following:
1. Vehicles designed and used primarily for travel on, over, or in the water;
2. Snowmobiles;
3. Military vehicles;
4. Golf carts;
5. Vehicles designed and used to carry disabled persons;
6. Vehicles designed and used specifically for agricultural, logging, or mining purposes; or
7. Vehicles registered pursuant to Article 3 of Title 42, C.R.S.
B. “Off-highway vehicle route” means any road, trail, or other public way owned or managed by the Town and designated for off-highway vehicle travel.
(Ord. 107, §1, 2005)
11.12.020 Off-Highway Routes Designated.
In accordance with Section 33-14.5-108, C.R.S. all Town streets, roads, and alleys, except any street or road which is part of the State highway system, within the Town are hereby designated as off-highway vehicle routes.
(Ord. 107, §2, 2005)
11.12.030 Regulations Concerning the Operation of Off-Highway Vehicles within the Town.
No off-highway vehicle shall be operated on the public streets, roads, and alleys within the Town except in accordance with the following:
A. No person shall operate an off-highway vehicle at a speed greater than is reasonable and prudent under the conditions then existing, and in no event greater than fifteen miles per hour (15 MPH).
B. Any person that operates an off-highway vehicle must be at least fourteen (14) years of age or be accompanied by an adult eighteen (18) years of age or older.
C. Any person who drives an off-highway vehicle in such a manner as to indicate either a wanton or willful disregard for the safety of persons or property shall be deemed guilty of reckless operation of an off-highway vehicle.
D. Any person who operates an off-highway vehicle in a careless and imprudent manner without due regard for the width, grade, curves, corners, traffic, pedestrians, and use of the streets, and all attendant circumstances, shall be deemed guilty of careless operation of an off-highway vehicle.
E. Any person who operates an off-highway vehicle on any street or alley shall ride as close to the white line as possible if no shoulder exists then multiple riders must ride in single file and observe all official traffic control devices, including signs and signals as set forth in the Model Traffic Code for Colorado 2020, as adopted by reference by the Town, and shall further operate such off-highway vehicle in the manner required for vehicles under the Model Traffic Code for Colorado Revised 2020, as adopted by reference by the Town, except as otherwise provided in this Chapter.
F. Any person who operates an off-highway vehicle on any street or alley must take as direct a route as possible to a BLM area, educational activity or employment.
G. No off-highway vehicle shall be operated by anyone under eighteen (18) years on any public street, road, or alley between the hours of sunset and sunrise. Any off-highway vehicle that is operated by anyone over the age of eighteen (18) years between the hours of sunset and sunrise must be equipped with head and tail lights.
H. No off-highway vehicle shall be operated on any public street, road, or alley unless such off-highway vehicle is equipped with brakes and a muffler and spark arrester which conform to the standard prescribed by: (a) Department of Agriculture, Forest Service Standard 5100-a; (b) appropriate Society of Automotive Engineers (SAE) recommended practice J335 (b) and J350 (a).
(Ord. 107, §3, 2005)
11.12.040 Penalty Assessment Schedule.
The Municipal Judge is hereby authorized to promulgate a penalty assessment schedule for violations of this Chapter in accordance with Rule 210(b)(5) of the Colorado Municipal Court Rules of Procedure.
(Ord. 107, §4, 2005)
- 12.04 - General Provisions
-
12.04.010 Short Title.
12.04.020 Applicability of Codes.
12.04.030 Exceptions.
12.04.040 Severability of Code Provisions.
12.04.050 Prevailing Provisions.
12.04.060 Violations-Penalty.
12.04.010 Short Title.
This Chapter may be cited for all purposes of the “Town of Dinosaur Building and Construction Code.”
(Ord. 86, §1.1, 1995; Amended Ord. 108, §1, 2007; Amended Municipal Code Codification 2022)
12.04.020 Applicability of Codes.
The building codes adopted by reference in this Title shall be applicable within the Town of Dinosaur, where:
A. A building or structure is built, this Title applies to the design and construction of said building or structure including plumbing, heating and electrical installation of the building or structure;
B. The whole or part of a building, structure, factory-built unit, manufactured home, or mobile home is moved, either into or from the Town of Dinosaur or from one property to another within the Town of Dinosaur, this Title applies to the building, structure, factory-built unit, manufactured home, or mobile home or part thereof moved and to any remaining part affected by the change, unless otherwise provided by law;
C. The whole or part of a building, structure, factory-built unit, manufactured home, or mobile home is demolished, this Title applies to the demolition and to any remaining part affected by the change;
D. A building, structure, factory-built unit, manufactured home, or mobile home is altered, this Title applies to the alteration and all parts of the building, structure, factory-built unit, manufactured home, or mobile home affected by the change;
E. Repairs are made to a building, structure, factory-built unit, manufactured home, or mobile home, this Title applies to any such repair; and
F. The class of occupancy of the building or structure or part thereof is changed, this Title applies to all parts of the building or structure affected by the change.
(Ord. 86, §1.2, 1995; Amended Ord. 108, §2, 2007; Amended Municipal Code Codification 2022)
12.04.030 Exceptions.
A. This Title does not apply to any mobile home, manufactured home, or factory-built unit which conforms to the health and safety requirements of the Colorado Public Health and Environment Department Board of Health, the Colorado State Fire Marshal, the Colorado Division of Housing, or the National Manufactured Housing Construction and Safety Standards Act of 1974.
B. Provided, however, any factory-built unit, manufactured home, or mobile home referred to in subsection (A) of this Section shall comply with the provisions of any factory-built unit, manufactured or mobile home regulations adopted by the Town of Dinosaur. Additions to any mobile home, manufactured home, or factory-built unit shall comply with all provisions of this Title.
(Ord. 86, §1.3, 1995; Amended Ord. 108, §3, 2007; Amended Municipal Code Codification 2022)
12.04.040 Severability of Code Provisions.
If any Section, Sections, or subsection or provision of this Title or any Code adopted by reference in this Title, as adopted, or the application thereof to any person or circumstance is declared unconstitutional or otherwise invalid by any competent court, such validity shall not affect the other Sections, subsections, provisions or applications of this Title or said Code adopted by reference if they can be given effect without the invalid Section, Sections, subsection, provision or application.
(Ord. 86, §1.4, 1995; Amended Ord. 108, §4, 2007; Amended Municipal Code Codification 2022)
12.04.050 Prevailing Provisions.
Where the requirements or conditions imposed by any provision of a Code adopted by reference in this Title, or its appendices, differ from the requirements or conditions imposed by a provision of another law, ordinance, resolution or order having application in the Town of Dinosaur, the provision which is more restrictive shall govern.
(Ord. 86, §1.5, 1995; Amended Ord. 108, §4, 2007; Amended Municipal Code Codification 2022)
12.04.060 Violations - Penalty. Except as may otherwise be provided in this Title, any person, firm, or corporation violating any of the provisions of this Title shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Title is committed, continued or permitted and shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Said offense shall be deemed to be one of “strict liability”.
(Ord. 86, §1.6, 1995; Amended Ord. 108, §5, 2007; Amended Municipal Code Codification 2022)
- 12.08 - Definitions
-
12.08.010 Generally.
12.08.020 Administrative Authority.
12.08.030 Building Contractor.
12.08.040 Building Official or Inspector.
12.08.050 Certificate of Occupancy.
12.08.060 Chief of the Fire Department.
12.08.070 Code.
12.08.080 Construction Hours.
12.08.090 Electrical Contractor.
12.08.100 Factory-Built Unit.
12.08.110 Final Inspection.
12.08.120 Health Officer.
12.08.130 Jurisdiction.
12.08.140 Loft.
12.08.150 Lot.
12.08.160 Manufactured Home.
12.08.170 Mobile Home.
12.08.180 Plumbing Contractor.
12.08.190 Road or Street.
12.08.200 Sign.
12.08.210 Site.
12.08.220 Special Contractor.
12.08.230 Temporary Certificate of Occupancy for One and Two-Family Units.
12.08.240 Temporary Certificate of Occupancy for Commercial or Multi-Family, Three or More Units.
12.08.250 Town.
12.08.260 Work.
12.08.010 Generally.
For the purpose of this Title all words, terms and expressions contained herein shall be interpreted in accordance with the definitions set out in the codes adopted by reference in this Title, except as otherwise set forth in this Title.
(Ord. 86, §2.1, 1995; Amended Ord. 108, §7, 2007; Amended Municipal Code Codification 2022)
12.08.020 Administrative Authority.
“Administrative Authority” shall mean the Dinosaur Building Department.
(Ord. 86, §2.2, 1995; Amended Ord. 108, §8, 2007; Amended Municipal Code Codification 2022)
12.08.030 Building Contractor.
A. Definition. “Building Contractor” means a person, firm, co-partnership, corporation, association or other organization, or any combination thereof:
1. Who undertakes with or for another, within the Town, to build, construct, alter, repair, add to or demolish any building or structure or any portion thereof, for which a permit is required and for a fixed sum, price, fee, percentage or other compensation or any combination thereof; or
2. Who builds, constructs, alters, adds to, moves or demolishes any building or structure either on his own or other property, for purpose of resale or rental, except a residence intended for his own personal use and occupancy. A person constructing his own home without the aid of a building contractor may secure a permit on only one residence in any three (3) year period and the construction of more than one (1) residence by said person in any three (3) years shall be presumed to have been for resale or rental and said person shall be considered a building contractor for the purposes of this Title.
B. Exceptions. The following shall not be deemed to be contractors as the term is used herein:
1. Plumbers, electricians, or other specialized trades for which special licenses are required.
2. Owners making ordinary repairs to any building, which repairs do not involve the structure of the building and on which a contractor is not employed.
(Ord. 108, §9, 2007; Amended Municipal Code Codification 2022)
12.08.040 Building Official or Inspector.
“Building Official or Inspector” shall mean the Town of Dinosaur Building Official and the Building Official’s duly authorized deputies, inspectors, staff and others reasonably involved in code administration and enforcement.
(Ord. 86, §2.3, 1995; Amended Ord. 108, §10, 2007; Amended Municipal Code Codification 2022)
12.08.050 Certificate of Occupancy.
“Certificate of Occupancy” shall mean no building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy therefor as provided herein. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this Title or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this Title or other ordinances of the jurisdiction shall not be valid.
(Ord. 108, §11, 2007; Amended Municipal Code Codification 2022)
12.08.060 Chief of the Fire Department.
“Chief of the Fire Department” means the head of the fire protection district having jurisdiction, or his regularly authorized deputy, or the Dinosaur Building Official.
(Ord. 86, §2.4, 1995; Amended Ord. 108, §12, 2007; Amended Municipal Code Codification 2022)
12.08.070 Code.
“Code” shall mean the International Building Code, 2018 Edition, with appendices thereto; the International Residential Code, 2018 Edition, with appendices thereto; the International Plumbing Code, 2018 Edition, with appendices thereto; the International Mechanical Code, 2018 Edition, with appendices thereto; the International Existing Building Code, 2018 Edition, with appendices thereto; the International Fuel Gas Code, 2018 Edition, with all appendices thereto; the International Energy Conservation Code, 2018 Edition, and all amendments to said Codes and/or Standards as of the date of this Title.
(Ord. 108, §13, 2007; Amended Municipal Code Codification 2022)
12.08.080 Construction Hours.
“Construction Hours” shall mean that between the hours construction activities are allowed in the Town of Dinosaur, which are 7:00 a.m. to 7:00 p.m. Monday through Saturday and 9:00 a.m. to 5:00 p.m. on Sunday.
(Ord. 108, §14, 2007; Amended Municipal Code Codification 2022)
12.08.090 Electrical Contractor.
“Electrical Contractor” means any person, firm or corporation engaged in the business of installing electrical wires, fixtures, signs, appliances or apparatus using electrical energy within the corporate limits of the Town. Nothing contained in this Section shall apply to the installation of their own apparatus by a telecommunications, cable television, or power company operating under a franchise granted by the Town.
(Ord. 108, §15, 2007; Amended Municipal Code Codification 2022)
12.08.100 Factory-Built Unit.
“Factory-Built Unit” means any structure or component thereof, designed primarily for residential or commercial occupancy, either permanent or temporary, which is wholly or in substantial part made, fabricated, formed or assembled in a manufacturing facility for installation or assembly and installation, on a permanent foundation at a building site and which carries a Colorado Division of Housing “Factory-Built Unit Certification.”
(Ord. 86, §2.5, 1995; Amended Ord. 108, §16, 2007; Amended Municipal Code Codification 2022)
12.08.110 Final Inspection.
“Final Inspection” shall mean a final inspection and final approval of all buildings and structures when deemed complete and ready for occupancy and use. A final inspection approval for one-and two-family dwelling units may be granted only if, but not limited to, the following components of a project are complete, in compliance with the Codes, and approved by the Building Official:
A. Kitchen complete and operative;
B. All bathrooms complete and operative as per the approved plans;
C. All smoke detectors installed per Code requirements;
D. The following life safety items are fully installed:
1. Address numbers
2. Handrails
3. Guardrails
4. Decks
5. Stairs
6. Separation between the garage and house complete, with a self-closing, tight-fitting, twenty (20) minute fire protection rated door (must latch.)
7. Floor covering;
E. Furnace/boiler operable;
F. Final electrical approval;
G. Final mechanical and plumbing approval;
H. Fire Department review and approval of commercial and multi-family residential projects where required;
I. All required permits are issued;
J. Culvert under the driveway installed per specifications (located on the approved drawing), and the on-site drainage improvements are cleaned to allow water to flow freely;
K. Positive drainage away from the structure at all locations directed to a drainage easement or street and not impairing adjacent properties;
L. The exterior of the building shall be completed, including roof assembly and parking areas, as per approved plans;
M. Sufficient roadway access for emergency vehicles;
N. Landscape and revegetation completed. Revegetation of minimum of sod, hydroseed or seed and mulch; and
O. Final site inspection from the Town of Dinosaur Public Works Department is completed.
(Ord. 108, §17, 2007; Amended Municipal Code Codification 2022)
12.08.120 Health Officer.
“Health Officer” means the Town of Dinosaur Health Officer, or the Moffat County Health Officer, or a regularly authorized designee.
(Ord. 86, §2.6, 1995; Amended Ord. 108, §18, 2007; Amended Municipal Code Codification 2022)
12.08.130 Jurisdiction.
“Jurisdiction” means the corporate limits of the Town of Dinosaur, Colorado.
(Ord. 86, §2.7, 1995; Amended Ord. 108, §19, 2007; Amended Municipal Code Codification 2022)
12.08.140 Loft.
“Loft” shall mean any story or floor area in a building which is open to the floor directly below, but which does not qualify as a mezzanine due to its failure to comply with one or more of the items specified for mezzanine floors in the Codes. At least one side of the loft shall be at least fifty percent (50%) open to the room below. Lofts may be habitable space or non-habitable space. (Habitable lofts in residential occupancies shall be considered as sleeping rooms or bedrooms.)
(Ord. 108, §20, 2007; Amended Municipal Code Codification 2022)
12.08.150 Lot.
“Lot” shall mean any legal parcel of land approved by the Town Council and created in accordance with the Town of Dinosaur Land Use Regulations and a plat showing such lot is recorded in the office of the Moffat County Clerk and Recorder.
(Ord. 86, §2.8, 1995; Amended Ord. 108, §21, 2007; Amended Municipal Code Codification 2022)
12.08.160 Manufactured Home.
“Manufactured Home” means a single-family dwelling which is partially or entirely manufactured in a factory and designed for long-term residential or non-residential use and transported to its occupancy site; and is not less than twenty-four feet (24') in width and thirty-six feet (36') in length; and is installed on an engineered permanent foundation; and has brick, wood, or cosmetically equivalent exterior siding and a pitched roof; and is certified pursuant to the “National Manufactured Housing Construction and Safety Standards Act of 1974", 42 U.S.C. 5401 et seq., as amended, and bears such certification label.
(Ord. 86, §2.9, 1995; Amended Ord. 108, §22, 2007; Amended Municipal Code Codification 2022)
12.08.170 Mobile Home.
“Mobile Home” shall mean a structure manufactured partially or entirely in a factory, designed for long-term residential use and transported to its occupancy site, which is twelve feet (12’) or more in width, is a minimum of six hundred square feet (600 sq. ft.) and constructed in accordance with the National Mobile Home Construction and Safety Standards Act of 1974 and is licensed by the Colorado Department of Motor Vehicles as a Mobile Home, or a factory-assembled structure or structures equipped with the necessary service connections and made so as to be readily moveable as a unit or units on its (their) own running gear and designed to be used as a dwelling unit(s) without permanent foundation.
A. The Phrase “without a permanent foundation” indicates that the support system is constructed with the intent that the mobile home placed thereon will be moved from time to time at the convenience of the owner.
(Ord. 86, §2.10, 1995; Amended Ord. 108, §23, 2007; Amended Municipal Code Codification 2022)
12.08.180 Plumbing Contractor.
“Plumbing Contractor” means any person, firm or corporation engaged in the business, or desiring to engage in the business of, installing plumbing fixtures, fixture traps, soil, waste, and vent pipes with their devices, appurtenances and connections, within or adjacent to buildings or structures, public or private, in the Town.
(Ord. 108, §24, 2007; Amended Municipal Code Codification 2022)
12.08.190 Road or Street.
“Road or Street” shall mean a way or right-of-way reserved for public or private use (other than an alley) which also provides primary vehicular and pedestrian access to adjacent properties; it may also be used for drainage or utility access to adjacent properties, and may include the terms: avenue, drive, highway, lane, place, road, street or other similar designation.
(Ord. 86, §2.11, 1995; Amended Ord. 108, §25, 2007; Amended Municipal Code Codification 2022)
12.08.200 Sign.
The term “sign” shall include any writing, letter, word, numeral, pictorial representation, pictorial abstraction, graphic or pictorial form, emblem, symbol, trademark, object or design which conveys a recognizable meaning or identity or distinction, or any of the above which forms a structure or part of a structure or which is affixed in any fashion to any structure and which by reason of the form or color or wording or stereotyped design or other feature attracts or is designed to attract attention to the subject matter or is used as a means of identification or advertisement or announcement.
(Ord. 108, §26, 2007; Amended Municipal Code Codification 2022)
12.08.210 Site.
“Site” means any parcel or area of land having an area sufficient to satisfy the applicable provisions of the Town of Dinosaur Land Use Regulations.
(Ord. 86, §2.12, 1995; Amended Ord. 108, §27, 2007; Amended Municipal Code Codification 2022)
12.08.220 Special Contractor.
“Special Contractor” means a contractor for all other trades not specifically classified elsewhere in this Title, such as, but not limited to, masonry, plastering, elevator installation, glaziers, drywall, painters, carpet layers, tilers, landscapers, steel fabrication and erection, house moving, demolition, asphalt paving, concrete form and finish, excavating and heavy equipment or any other particular trade or work connected with the building industry.
(Ord. 108, §28, 2007; Amended Municipal Code Codification 2022)
12.08.230 Temporary Certificate of Occupancy for One and Two-Family Units.
“Temporary Certificate of Occupancy for one and two-family units (R-3 occupancies)” shall mean a Temporary Certificate of Occupancy that may be issued when, but not limited to, the following components of a project are complete and approved by the Building Official:
A. Kitchen operative;
B. One bathroom operative as per the approved plans;
C. All smoke detectors installed per Code requirements;
D. The following life safety items are fully installed:
1. Address numbers;
2. Handrails;
3. Guardrails;
4. Decks;
5. Stairs;
6. Separation between the garage and house complete, with a self-closing, tight fitting, twenty (20) minute fire protection rated door (must latch);
7. Floor covering complete;
8. Outside of building complete;
E. Furnace/Boiler is operable;
F. Final electrical approval;
G. Final mechanical and plumbing approval;
H. Culvert under the driveway installed per specifications (located on the approved drawing) and the on-site drainage improvements are cleaned to allow water to flow freely;
I. Positive drainage away from the structure at all locations directed to a drainage easement or to the street and not impairing adjacent property;
J. The permit holder and owner/buyer/occupant shall agree that all required corrections as stated by the Building Official are completed within a ninety (90) day time period;
K. Sufficient roadway access for emergency vehicles; and
L. Temporary Certificate of Occupancy inspection from the Town of Dinosaur Public Works Department and approved.
The Temporary Certificate of Occupancy for one-family dwellings shall be valid for a period of up to, but not more than, ninety (90) days from date of issuance and shall be posted in a conspicuous place on the premises until final approval for occupancy is complete.
(Ord. 108, §29, 2007; Amended Municipal Code Codification 2022)
12.08.240 Temporary Certificate of Occupancy for Commercial or Multi-Family, Three or More Units
“Temporary Certificate of Occupancy for Commercial or Multi-Family, three (3) or More Units (A, B, E, H, I, M, R-1, S & U occupancies)” shall mean a Temporary Certificate of Occupancy that may be issued when, but not limited to, the following components of a project are complete and approved by the Dinosaur Building Official:
A. Kitchen operable;
B. One bathroom operative per unit in multi-family and required restrooms in commercial occupancy;
C. All smoke detectors installed per Code requirements;
D. The following life safety items are fully installed:
1. Address numbers;
2. Handrails;
3. Guardrails;
4. Decks;
5. Stairs;
6. Separation between the garage and house complete or commercial occupancy, with a self-closing, tight fitting, fire protection rated door (must latch);
7. Floor covering complete;
8. Outside of building complete;
E. Furnace/Boiler is operable;
F. Final electrical approved;
G. Final mechanical and plumbing approval;
H. Fire Department review and approval of commercial and multi-family projects where required;
I. Culvert under the driveway installed per specifications (located on the approved drawing) and on-site drainage improvements are cleaned to allow water to flow freely;
J. Positive drainage away from the structure at all locations directed to a dedicated drainage easement or to the street and not impairing adjacent properties;
K. Commercial or Multi-Family Residential (3 or more dwelling units) projects shall be required to have a completed core and shell inspection. The exterior of said buildings shall be required to be completed, including roof assembly. The interior of said buildings shall have all exit corridors, ramps, stairways, smoke proof enclosures, horizontal exits, exit passageways, courts, yard and entryways completed in all occupied areas. (Separate adequate parking shall be required for the public of said buildings); and
L. Where landscaping, revegetation, drainage or culvert installation is required under the Town’s Land Use Regulations for the purposes of preventing land erosion, improper drainage, damage to properties and unsightliness in all Zone Districts is not complete, or where public improvements are required under the Town’s Land Use Regulations, a Temporary Certificate of Occupancy may be awarded upon submittal and approval of a properly executed construction improvement agreement. If the improvements required for issuance of a final Certificate of Occupancy have not been completed within one (1) year of the date of issuance of the Temporary Certificate of Occupancy, the Town may arrange such completion using the collateral provided. Should compliance be attained any time prior to the expiration of one (1) year, the collateral will be returned to the permitee upon issuance of the final Certificate of Occupancy; and
M. Temporary Certificate of Occupancy inspection completed by the Town of Dinosaur Public Works Department and approved.
The Temporary Certificate of Occupancy for commercial or multi-family dwellings shall be valid for a period of up to, but not more than, one (1) year from date of issuance, where a project does not have a construction improvement agreement. The Temporary Certificate of Occupancy shall be posted in a conspicuous place on the premises until final approval of occupancy is complete.
(Ord. 108, §30, 2007; Amended Municipal Code Codification 2022)
12.08.250 Town.
“Town” means the incorporated area of the Town of Dinosaur which may be referred to in this Title as the regulated area.
(Ord. 86, §2.13, 1995; Amended Ord. 108, §31, 2007; Amended Municipal Code Codification 2022)
12.08.260 Work.
“Work” means the construction, demolition, alteration, repair, moving or change in the class of occupancy of any building, equipment or structure, and shall include the installation, construction, alteration or repair of any private or sub-surface sewage disposal system, and the placement and use of a mobile home, manufactured home, and factory-built unit anywhere within the Town of Dinosaur.
(Ord. 86, §2.14, 1995; Amended Ord. 108, §32, 2007; Amended Municipal Code Codification 2022)
- 12.12 - International Building Code
-
12.12.010 International Building Code Adopted by Reference.
12.12.020 Additions, Modifications and Deletions.
12.12.030 Copies on File and Available for Sale.
12.12.040 Penalties.
12.12.010 International Building Code Adopted by Reference.
Pursuant to the power and authority conferred by the laws of the State of Colorado, there is adopted by reference thereto, the International Building Code, 2018 Edition, with all Appendices thereto, promulgated by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. The purposes of the Code are to protect the safety of residents of the Town by prescribing minimum standards for buildings and other structures. The subject matter of this Code includes regulations concerning the erection, enlargement, construction, alteration, repair, moving, removal, conversion, demolition, occupancy, use, height, area, maintenance and other matters relating to buildings and structures with the Town.
(Ord. 86, §3.1, 1995; Amended Ord. 108, §33, 2007; Amended Municipal Code Codification 2022)
12.12.020 Additions, Modifications and Deletions.
The International Building Code, 2018 Edition (“IBC 2018 Code”) is hereby amended as follows:
Where the requirements or conditions imposed by a provision of this Title differ from the requirements or conditions imposed by the IBC 2018 Code, the most restrictive shall govern.
I. Moving of Buildings
A. No dwelling shall be moved until it meets the minimum area and sanitary requirements set forth in the Town’s Land Use Regulations codified in Title 14 of this Code. It shall be the duty of the building official to establish the fact that minimum area and sanitary requirements have been met.
B. No building, dwelling or structure shall be moved until it complies structurally with the requirements set forth in this code for new buildings. It shall be the duty of the building official to establish the fact that structural requirements have been met.
C. No dwelling shall be moved until the owner agrees in writing that all zoning requirements will be complied with fully, pertaining to use, area and height of that district into which movement is requested. It shall be the duty of the zoning administrator to secure this statement.
D. No dwelling shall be moved until three (3) days after the building inspector has been presented with a written report establishing the fact that the appraised value of the dwelling to be moved equals or exceeds the average appraised value of all dwellings on each side of the street within the Town block in which the owner wishes to move the dwelling. All appraisals shall be made by members of the National Real Estate Brokerage Association and in strict accordance with the standards established by this organization. The cost of such appraisal shall be borne by the owner requesting a moving permit. It shall be the duty of the building inspector to assure himself or herself that an authentic, written appraisal has been received before any permit shall be issued.
E. No building, dwelling or structure shall be moved until the owner thereof supplies the Town Clerk with the gross overall width of the vehicle performing the movement, the route to be followed and the time of movement.
F. No permit shall be issued until after all public utilities have been notified and a police escort has been provided.
G. No permit shall be issued until Subsections B through H of this Section have been fully complied with and/or until payment for such permit has been received.
H. None of the requirements of this section shall apply to the moving of tool houses owned and moved by licensed contractors to construction sites within the corporate limits for use as tool shed only.
I. After such structure shall have been moved, the same shall be subject to all applicable inspections as set forth in Section 109 and/or Section R109 of the International Building Code and/or International Residential Code, current editions, and the same shall not be occupied until such inspections have been made and the applicable certificates of occupancy or compliance are issued.
II. Demolition of Buildings
A. A permit will be required for the demolition of a structure. In demolishing any structure or part thereof, one (1) story at a time shall be completely removed. No material shall be placed upon the floor of any building in the course of demolition. Substantial protection for the public, to be approved by the building inspector, shall be provided when demolishing any building within ten (10) feet of a public thoroughfare. No material which has been removed from a building in the course of demolition shall be stored on any street, alley or other public way. When any building has been demolished, the person, firm or corporation who has performed the work shall immediately clear the adjacent streets, alleys and other public ways of all rubbish, refuse and loose material resulting from such demolition.
B. The wrecking contractor shall fill all excavations level with the adjoining grade or enclose the excavation with a substantial, tight board fence not less than five (5) feet high extending around the excavation on all sides.
C. The fee for a demolition permit in all zoning districts shall be one hundred dollars ($100.00).
III. Snow Loads
A. Snow loads, full or unbalanced, shall be considered in place of loads set forth in the International Building Code Section 1608 and International Residential Code Figure R-301.2(6) where such loading will result in larger members or connections.
B. Potential accumulations of snow at valleys, parapets, roof structures and offsets in roofs of uneven configuration shall be considered. Snow loads for the Town shall be forty (40) pounds.
C. Any remodeling of existing buildings that may affect the roof load shall be certified or have recommendation for snow load by an architect or engineer registered by the State.
D. Standardization Tables. The standardization tables shall be in the building code standards.
IV. Section 105.2
A. Chapters 1 of the International Building Code and International Residential Code are amended by the repeal and reenactment of Sections 105.2 and R105.2 to read as follows:
"Section 105.2 Work Exempt from Permit. A building permit shall not be required for the following:
1. Unattached accessory structures, two hundred (200) square feet or less, used for tools, storage or playhouses and similar uses, for residential dwellings only. This includes both site-built and pre-fabricated structures which are delivered as one unit.
2. Walks, sidewalk repairs and driveways not more than thirty (30) inches above grade, and not over any basement or story below.
3. Painting and wallpapering, tiling, carpeting, cabinets, counter tops and similar finish work.
4. Paneling when no structural alterations are being done to alter the occupancy or construction of the building. This applies to single-family dwellings only.
5. Window awnings on residential buildings only.
6. Temporary motion picture, television and theater stage sets and scenery.
7. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than twenty-four (24) inches (610 mm) deep, do not exceed five thousand (5,000) gallons (18,925 L) and are installed entirely above ground.
8. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
9. Residential and commercial overhead garage door installations when no structural alterations are required to openings.
10. Installation of replacement windows when no structural alterations are required to openings.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. Movable cases, counters and partitions not over five (5) feet nine (9) inches high."
V. Permit Issuance
A. No permit shall be issued to any person to do or to cause to be done any work regulated by this Chapter, except to a person holding a valid, unexpired and unrevoked contractor's license if required by the Town or as otherwise provided in this Section.
B. Any permit required by this Chapter may be issued to any person to do any work regulated by this Chapter in a single-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings, if that person is the bona fide owner of any such dwelling and accessory buildings and quarters and such premises are occupied by or designed to be occupied by such owner, provided that the owner shall personally purchase all material and shall personally perform all labor in connection therewith.
C. Exceptions.
1. Property owners who are the bona fide owner of a one- or two-family dwelling which they use as a rental property and is not their primary residence, may acquire building permits for the following:
1.1 Including, but not limited to roofing, siding, decks, covered porches/patios, interior framing, drywall and accessory buildings without living quarters, provided that the owner shall personally acquire the permit, purchase all material and shall personally perform all labor in connection therewith.
2. Property owners shall not acquire the following permits for a property that is not their primary residence.
2.1 Plumbing, mechanical, and electrical permits.
2.2 Building permits for a new residence/dwelling, or one which would add living space to an existing structure.
Note: This exception applies to one- and two-family dwellings only, all commercial properties require a properly licensed contractor to acquire the permit and perform the work.
VI. Permit Fees
A. A permit shall not be valid until the fees prescribed below have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
B. Any person who commences any work on a building, structure or associated systems before obtaining the necessary permits shall be subject to a doubling of the normally imposed permit fee for such work.
C. Regular building permit fees shall be based upon project valuation exclusive of the cost of real property. Determination of the value of a project may be based upon the table below, or upon credible documentation of actual costs, provided by the permit applicant.
VII. Project Valuation/Square Foot Construction Costs *2021-2022
Occupancy/Use Group**
Type of Construction
1A
1B
2A
2B
3A
3B
4
5A
5B
A, Assembly
A-1, theaters with stage
$244.21
$236.18
$230.55
$221.01
$207.82
$201.82
$214.02
$189.83
$182.71
A-1, theaters without stage
223.45
215.42
209.80
200.25
187.31
181.32
193.26
169.33
162.21
A-2, nightclubs
190.08
184.73
180.34
172.99
163.33
158.82
166.99
147.83
142.92
A-2, restaurants, bars, banquet halls
189.08
183.73
178.34
171.99
161.33
157.82
165.99
145.83
141.92
A-3, churches
224.47
216.44
210.82
201.27
189.73
183.73
194.28
171.74
164.62
A-3, general, community halls, libraries, museums
188.77
180.74
174.11
165.57
151.59
146.63
158.58
133.64
127.52
A-4, arenas
222.45
214.42
207.80
199.25
185.31
180.32
192.26
167.33
161.21
B, Business
195.88
188.76
182.90
173.98
159.08
153.13
167.31
139.76
133.67
E, Educational
207.44
200.32
195.11
186.22
173.62
164.85
179.83
151.63
147.30
F, Factory and Industrial
F-1, moderate hazard
115.30
109.99
103.87
99.84
89.72
85.56
95.69
73.79
69.57
F-2, low hazard
114.30
108.99
103.87
98.84
89.72
84.56
94.69
73.79
68.57
H, High Hazard
H-1, explosives
107.85
102.54
97.43
92.40
83.50
78.33
88.25
67.57
N.P.
H-2/3/4 high hazard
107.85
102.54
97.43
92.40
83.50
78.33
88.25
67.57
62.34
H-5 HPM
195.88
188.76
182.90
173.98
159.08
153.13
167.31
139.76
133.67
I, Institutional
I-1, supervised environment
194.98
188.36
182.90
175.20
161.40
157.01
175.29
144.58
140.08
I-2, hospitals
327.69
320.57
314.72
305.80
289.87
N.P.
299.12
270.56
N.P.
I-2, nursing homes
227.45
220.30
214.47
205.56
191.65
N.P.
198.88
172.34
N.P.
I-3, restrained
222.66
215.54
209.69
200.77
187.11
180.16
194.09
167.80
159.71
I-4, day care facilities
194.98
188.36
182.90
175.20
161.40
157.01
175.29
144.58
140.08
M, Mercantile
141.54
136.19
130.80
124.45
114.24
110.73
118.45
98.74
94.83
R, Residential
R-1, hotels
196.81
190.20
184.74
177.03
162.97
158.58
177.13
146.15
141.65
R-2, multiple family
165.05
158.44
152.98
145.27
132.00
127.61
145.37
115.18
110.68
R-3, one- and two-family
154.04
149.85
145.98
142.32
137.11
133.50
139.93
128.29
120.75
Open carports, decks and porches
30.45
28.70
Garages—See Utility, miscellaneous
R-4, care/assisted living facilities
194.98
188.36
182.90
175.20
161.40
157.01
175.29
144.58
140.08
S, Storage
S-1, moderate hazard
106.85
101.54
95.43
91.40
81.50
77.33
87.25
65.57
61.34
S-2, low hazard
105.85
100.54
95.43
90.40
81.50
76.33
86.25
65.57
60.34
U, Utility, miscellaneous
83.66
79.00
74.06
70.37
63.47
59.32
67.24
50.19
47.80
* For shell-only buildings deduct 20%
N.P. = not permitted
Unfinished basements (all use groups) = $20.35; semi-finished basements = $26.65
Value of roofing per square foot calculated at $1.70** From 2018 International Building Code with Town amendments
VIII. Action on Application
A. Section 105.3.1: Section 105.3.1, entitled Action on Application, is amended to include the following additional paragraph:
A building permit will not be issued in the Town of Dinosaur jurisdiction until all construction drawings and applications are submitted and approved and payment of permit fees, use tax, street improvement fees (if any), fire protection impact fees (if applicable), emergency services impact fees (if applicable) and water and wastewater plant investment (tap) fees are made and all other fees are paid.
IV. Placement of Permit
A. Section 105.7: Section 105.7, entitled Placement of Permit, is amended to include the following additional sentences:
The person to whom the permit is issued shall, during construction, post in a conspicuous place on the property in respect of which the permit was issued a copy of the building permit or a poster or placard approved by the Building Official in lieu thereof.
It shall be the responsibility of the permittee to display the building permit card on the job site throughout the construction process for inspector’s signatures.
(Ord. 108, §34, 2007; Amended Municipal Code Codification 2022)
12.12.030 Copies on File and Available for Sale.
At least one copy of the International Building Code, 2018 Edition, and the appendices thereto, together with one copy of this Ordinance, shall be kept on file in the office of the Town Clerk or Building Official. Copies of said Code and appendices shall be available for sale to the public at a moderate price.
(Ord. 86, §3.2, 1995; Amended Ord. 108, §35, 2007; Amended Municipal Code Codification 2022)
12.12.040 Penalties.
The section of the International Building Code, 2018 Edition, which contains a penalty clause is herewith set forth in full and hereby adopted:
Section 113: It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code.
The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of Ordinance No. 86 of the Town of Dinosaur. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
If the notice of violation is not complied with promptly, the Building Official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this Code or of the order or direction made pursuant thereto.
Any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this Code, shall be subject to penalties as prescribed by law.
Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted. Any municipal offense under this Section shall be deemed one of “strict liability” and shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.
(Ord. 86, §3.3, 1995; Amended Ord. 108, §36, 2007; Amended Municipal Code Codification 2022)
- 12.14 - International Residential Code
-
12.14.010 International Residential Code Adopted by Reference.
12.14.020 Additions, Modifications and Deletions.
12.14.030 Copies on File and Available for Sale.
12.14.040 Penalties.
12.14.010 International Residential Code Adopted by Reference.
Pursuant to the power and authority conferred by the laws of the State of Colorado, there is adopted by reference thereto, the International Residential Code, 2018 Edition, with the appendices thereto, promulgated by the International Code Council, 4051 West Flossmoor Road, Country Club Hills IL 60478-5795. The purposes of the Code are to protect the safety of residents of the Town by prescribing minimum standards for buildings and other structures. The subject matter of this Code includes regulations concerning the erection, enlargement, construction, alteration, repair, moving, removal, conversion, demolition, occupancy, use, height, area, maintenance and other matters relating to buildings and structures within the Town.
(Ord. 108, §37, 2007; Amended Municipal Code Codification 2022)
12.14.020 Additions, Modifications and Deletions.
International Residential Code, 2018 Edition, (“IRC Code”) is hereby amended as follows:
A. Where the requirements or conditions imposed by a provision of this Title differ from the requirements or conditions imposed by the IRC 2018 Code, the most restrictive shall govern.
H. Title
IRC Section 101.1 (Title) is modified by the addition of the term "Town of Dinosaur" where indicated.
II. Demolition of Buildings
A. A permit will be required for the demolition of a structure. In demolishing any structure or part thereof, one (1) story at a time shall be completely removed. No material shall be placed upon the floor of any building in the course of demolition. Substantial protection for the public, to be approved by the building inspector, shall be provided when demolishing any building within ten (10) feet of a public thoroughfare. No material which has been removed from a building in the course of demolition shall be stored on any street, alley or other public way. When any building has been demolished, the person, firm or corporation who has performed the work shall immediately clear the adjacent streets, alleys and other public ways of all rubbish, refuse and loose material resulting from such demolition.
B. The wrecking contractor shall fill all excavations level with the adjoining grade or enclose the excavation with a substantial, tight board fence not less than five (5) feet high extending around the excavation on all sides.
C. The fee for a demolition permit in all zoning districts shall be one hundred dollars ($100.00).
III. Snow Loads
A. Snow loads, full or unbalanced, shall be considered in place of loads set forth in the International Residential Code Figure R-301.2(6), where such loading will result in larger members or connections.
B. Potential accumulations of snow at valleys, parapets, roof structures and offsets in roofs of uneven configuration shall be considered. Snow loads for the Town shall be forty (40) pounds.
C. Any remodeling of existing buildings that may affect the roof load shall be certified or have recommendation for snow load by an architect or engineer registered by the State.
D. Standardization Tables. The standardization tables shall be in the building code standards.
IV. Section 105.2
Chapters 1 of the International Building Code and International Residential Code are amended by the repeal and reenactment of Sections 105.2 and R105.2 to read as follows:
A. "Section 105.2 Work Exempt from Permit. A building permit shall not be required for the following:
1. Unattached accessory structures, two hundred (200) square feet or less, used for tools, storage or playhouses and similar uses. This includes both site-built and pre-fabricated structures which are delivered as one unit.
2. Walks, sidewalk repairs and driveways not more than thirty (30) inches above grade, and not over any basement or story below.
3. Painting and wallpapering, tiling, carpeting, cabinets, counter tops and similar finish work.
4. Paneling when no structural alterations are being done to alter the occupancy or construction of the building. This applies to single-family dwellings only.
5. Window awnings on residential buildings only.
6. Temporary motion picture, television and theater stage sets and scenery.
7. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than twenty-four (24) inches (610 mm) deep, do not exceed five thousand (5,000) gallons (18,925 L) and are installed entirely above ground.
8. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
9. Residential and commercial overhead garage door installations when no structural alterations are required to openings.
10. Installation of replacement windows when no structural alterations are required to openings.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. Movable cases, counters and partitions not over five (5) feet nine (9) inches high.
13. Decks not exceeding two (200) hundred square feet in area, that are not more than thirty (30) inches above grade at any point, and are not attached to the dwelling.
V. Exceptions
1. Property owners who are the bona fide owner of a one- or two-family dwelling which they use as a rental property and is not their primary residence, may acquire building permits for the following:
1.1. Including, but not limited to roofing, siding, decks, covered porches/patios, interior framing, drywall and accessory buildings without living quarters, provided that the owner shall personally acquire the permit, purchase all material and shall personally perform all labor in connection therewith.
2. Property owners shall not acquire the following permits for a property that is not their primary residence.
2.1. Plumbing, mechanical, and electrical permits.
2.2. Building permits for a new residence/dwelling, or one which would add living space to an existing structure.
Note: This exception applies to one- and two-family dwellings only, all commercial properties require a properly licensed contractor to acquire the permit and perform the work.
VI. Permit Fees
A. A permit shall not be valid until all fees have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
B. Any person who commences any work on a building, structure or associated systems before obtaining the necessary permits shall be subject to a doubling of the normally imposed permit fee for such work.
C. See Section 12.26.080 of this Code for valuation information and permit fee schedule.
VII. Deletions
A. IRC Section R112 (Board of Appeals) is deleted and is not adopted as part of the code.
B. IRC Section R302.13 (Fire protection of floors) is deleted and not adopted as part of the code.
C. IRC Section R313 (Automatic Fire Sprinkler Systems) is deleted and not adopted as part of this code.
D. IRC Section N1102.4.1.2 (R402.4.1.2) (Testing) is deleted and not adopted as part of this code.
E. IRC Section N1102.4.4 (R402.4.4) (Rooms containing fuel burning appliances) is deleted and not adopted as part of this code.
VIII. Modifications
A. IRC Table R-301.2(1). Table R-301.2(1) is filled to provide the following:
Roof snow load (non-reducible): 40 LB.
Wind speed: 90 mph.
Seismic design category: B.
Weathering: Severe.
Frost line depth: 48 inches.
Termite: None.
Winter design temp: 1 degree.
Ice barrier underlayment required: Yes.
Flood hazards: FIRM 1984.
Air freezing index: 2307.
Mean annual temperature: 41.8.
B. IRC Section R312.1.1 (Where required) is modified as follows:
Guards shall be provided for those portions of open-sided walking surfaces, including stairs, ramps, and landings, that are located more than 30 inches measured vertically to the floor or grade below insect screening shall not be considered as a guard.
C. IRC Section G2417.4.1 (Test pressure) is modified by changing 3 psig to 10 psig.
(Ord. 108, §38, 2007; Amended Municipal Code Codification 2022)
12.14.030 Copies on File and Available for Sale.
At least one copy of the International Residential Code, 2018 Edition, and the appendices thereto, together with one copy of the Ordinance codified in this Chapter, shall be kept on file in the office of the Town Clerk or Building Official. Copies of said Code and appendices shall be available for sale to the public at a moderate price.
(Ord. 108, §39, 2007; Amended Municipal Code Codification 2022)
12.14.040 Penalties.
The section of the International Residential Code, 2018 Edition, which contains a penalty clause is herewith set forth in full and hereby amended and adopted as follows:
It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this Code, or cause same to be done, in conflict with or in violation of any of the provisions of this Code.
The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this Code, or in violation of a permit or certificate issued under the provisions of this Code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
If the notice of violation is not complied with in the time prescribed by such notice, the Building Official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this Code or of the order or direction made pursuant thereto.
Any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this Code, shall be subject to penalties as prescribed by law.
Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a municipal offense and each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted. Any municipal offense under this Section shall be deemed one of “strict liability” and shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.
(Ord. 108, §40, 2007; Amended Municipal Code Codification 2022)
- 12.15 - International Existing Building Code
-
12.16.010 International Existing Building Code Adopted by Reference.
12.16.020 Additions, Modifications and Deletions.
12.16.030 Copies on File and Available for Sale.
12.16.040 Penalties.
12.15.010 International Existing Building Code.
Pursuant to the power and authority conferred by the laws of the State of Colorado, there is adopted by reference thereto, the International Existing Building Code, 2018 Edition, promulgated by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795, and any appendices thereto. The purpose of this Code is to encourage the use and reuse of existing buildings. The Code covers repair, alteration, addition and change of occupancy for existing buildings and historic buildings, while achieving appropriate levels of safety without requiring full compliance with the new construction requirements contained in other International Building Codes.
12.15.020 Additions, Modifications and Deletions.
The International Existing Building Code, 2018 Edition, is hereby amended as follows:
I. Title
IEBC Section 101.1 (Title) is modified by the addition of the term "Town of Dinosaur" where indicated.
II. Moving of Buildings
For a permit to move a building through or across any public street, alley or highway, a fifty dollar ($50.00) fee shall be required. Before issuance of a moving permit, the following requirements shall be met:
A. No dwelling shall be moved until it meets the minimum area and sanitary requirements set forth in the Land Use Regulations codified in Title 14 of this Code. It shall be the duty of the building official to establish the fact that minimum area and sanitary requirements have been met.
B. No building, dwelling or structure shall be moved until it complies structurally with the requirements set forth in this code for new buildings. It shall be the duty of the building official to establish the fact that structural requirements have been met.
C. No dwelling shall be moved until the owner agrees in writing that all zoning requirements will be complied with fully, pertaining to use, area and height of that district into which movement is requested. It shall be the duty of the zoning administrator to secure this statement.
D. No dwelling shall be moved until three (3) days after the building inspector has been presented with a written report establishing the fact that the appraised value of the dwelling to be moved equals or exceeds the average appraised value of all dwellings on each side of the street within the city block in which the owner wishes to move the dwelling. All appraisals shall be made by members of the National Real Estate Brokerage Association and in strict accordance with the standards established by this organization. The cost of such appraisal shall be borne by the owner requesting a moving permit. It shall be the duty of the building inspector to assure himself or herself that an authentic, written appraisal has been received before any permit shall be issued.
E. No building, dwelling or structure shall be moved until the owner thereof supplies the Town Clerk with the gross overall width of the vehicle performing the movement, the route to be followed and the time of movement.
F. No permit shall be issued until after all public utilities have been notified and a police escort has been provided.
G. No permit shall be issued until subsections A through F of this Section have been fully complied with and/or until payment for such permit has been received.
H. None of the requirements of this section shall apply to the moving of tool houses owned and moved by licensed contractors to construction sites within the corporate limits for use as tool shed only.
I. After such structure shall have been moved, the same shall be subject to all applicable inspections as set forth in Section 109 and/or Section R109 of the International Building Code and/or International Residential Code, current editions, and the same shall not be occupied until such inspections have been made and the applicable certificates of occupancy or compliance are issued.
III. Demolition of Buildings
A. A permit will be required for the demolition of a structure. In demolishing any structure or part thereof, one (1) story at a time shall be completely removed. No material shall be placed upon the floor of any building in the course of demolition. Substantial protection for the public, to be approved by the building inspector, shall be provided when demolishing any building within ten (10) feet of a public thoroughfare. No material which has been removed from a building in the course of demolition shall be stored on any street, alley or other public way. When any building has been demolished, the person, firm or corporation who has performed the work shall immediately clear the adjacent streets, alleys and other public ways of all rubbish, refuse and loose material resulting from such demolition.
B. The wrecking contractor shall fill all excavations level with the adjoining grade or enclose the excavation with a substantial, tight board fence not less than five (5) feet high extending around the excavation on all sides.
C. The fee for a demolition permit in all zoning districts shall be one hundred dollars ($100.00).
IV. Snow Loads
A. Snow Loads.
1. Snow loads, full or unbalanced, shall be considered in place of loads set forth in the International Building Code Table 1607.1 and International Residential Code Figure R305.2(1), where such loading will result in larger members or connections.
2. Potential accumulations of snow at valleys, parapets, roof structures and offsets in roofs of uneven configuration shall be considered. Snow loads for the city shall be forty (40) pounds.
3. Any remodeling of existing buildings that may affect the roof load shall be certified or have recommendation for snow load by an architect or engineer registered by the state.
B. Standardization Tables. The standardization tables shall be in the building code standards.
V. Permit Issuance
A. No permit shall be issued to any person to do or to cause to be done any work regulated by this Chapter, except to a person holding a valid, unexpired and unrevoked contractor's license as required by the Town or as otherwise provided in this Section.
B. Any permit required by this Chapter may be issued to any person to do any work regulated by this Chapter in a single-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings, if that person is the bona fide owner of any such dwelling and accessory buildings and quarters and such premises are occupied by or designed to be occupied by such owner, provided that the owner shall personally purchase all material and shall personally perform all labor in connection therewith.
Exceptions:
1. Property owners who are the bona fide owner of a single-family residence which they use as a rental property and is not their primary residence may acquire building permits for the following provided that they personally purchase all material and personally perform all labor in connection therewith.
1.1. Building permits including, but not limited to roofing, siding, decks, covered porches, accessory buildings without living quarters, interior framing, and drywall.
2. Property owners shall not acquire the following permits for a property used as a rental:
2.1. Plumbing, mechanical, and electrical permits.
2.2. Building permits for a new residence/dwelling, or one which would add living space to an existing structure.
Note: This exception applies to single family dwellings only, all commercial properties require a properly licensed contractor to acquire the permit and perform the work.
VI. Permit Fees
A. A permit shall not be valid until the fees prescribed below have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
B. Any person who commences any work on a building, structure or associated systems before obtaining the necessary permits shall be subject to a doubling of the normally imposed permit fee for such work.
C. Regular building permit fees shall be based upon project valuation exclusive of the cost of real property. Determination of the value of a project shall be based upon credible documentation of actual costs, provided by the permit applicant.
VII. Deletions
Section 112 "Board of Appeals" of the International Existing Building Code is deleted and is not adopted as part of the Code.
12.15.030 Copies on File and Available for Sale.
At least one copy of the International Existing Building Code, 2018 Edition, and the appendices thereto, together with one copy of the Ordinance codified in this Chapter, shall be kept on file in the office of the Town Clerk or Building Official. Copies of said Code and appendices shall be available for sale to the public at a moderate price.
12.15.040 Penalties.
The section of the International Existing Building Code, 2018 Edition, which contains a penalty clause is herewith set forth in full and hereby amended and adopted as follows:
It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this Code, or cause same to be done, in conflict with or in violation of any of the provisions of this Code.
The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this Code, or in violation of a permit or certificate issued under the provisions of this Code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
If the notice of violation is not complied with in the time prescribed by such notice, the Building Official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this Code or of the order or direction made pursuant thereto.
Any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this Code, shall be subject to penalties as prescribed by law.
Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a municipal offense and each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted. Any municipal offense under this Section shall be deemed one of “strict liability” and shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.
- 12.16 International Mechanical Code
-
12.16.010 International Mechanical Code Adopted by Reference.
12.16.020 Additions, Modifications and Deletions.
12.16.030 Copies on File and Available for Sale.
12.16.040 Penalties.
12.16.010 International Mechanical Code Adopted by Reference.
Pursuant to the power and authority conferred by the laws of the State of Colorado, there is adopted by reference thereto, the International Mechanical Code, 2018 Edition, and the appendices thereto, promulgated by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. The purpose of this Code is to protect the safety of residents of this Town by prescribing minimum standards for the installation, design, construction, quality of materials, location, operation and maintenance of heating, ventilating, cooling and refrigeration systems, incinerators, and other miscellaneous heat producing appliances.
(Ord. 86, §5.1, 1995; Amended Ord. 108, §41, 2007; Amended Municipal Code Codification 2022)
12.16.020 Additions, Modifications and Deletions.
The adopted International Mechanical Code is subject to the following additions:
A. No permit shall be issued to any person to do or to cause to be done any mechanical work regulated by this Chapter, except to a person holding a valid, unexpired and unrevoked mechanical license as required by the Town or as otherwise provided in this section.
B. Any permit required by this Chapter may be issued to any person to do any mechanical work regulated by this Chapter in a single-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings, if that person is the bona fide owner of any such dwelling and accessory buildings and quarters and such premises are occupied by or designed to be occupied by such owner, provided that the owner shall personally purchase all material and shall personally perform all labor in connection therewith.
I. Permit Fees
A. A permit shall not be valid until the fees prescribed below have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
B. Any person who commences any work on any mechanical systems before obtaining the necessary permits shall be subject to a doubling of the normally imposed permit fee for such work. NOTE: "Emergency repairs" are not subject to these penalties; however, a permit for such work must be obtained in a timely manner, and required inspections must still be passed. When in question, the determination of "emergency" status will be decided by the authority having jurisdiction. Any person who refuses to stop work and obtain required permits, when so directed by the authority having jurisdiction, will be subject to more serious civil and/or criminal penalties as set forth in Section 12.16.040 below.
C. The fees for mechanical work shall be as indicated in the Table 12.26.080 of this Chapter.
II. Validity
If any part or parts of this Chapter are for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The Town Council declares that it would have passed the ordinance codified herein and each part or parts thereof, irrespective of the fact that any one (1) part or parts are declared invalid.
(Ord. 108, §42, 2007; Amended Municipal Code Codification 2022)
12.16.030 Copies on File and Available for Sale.
At least one (1) copy of the International Mechanical Code, 2018 Edition, and the appendices thereto, together with one copy of the Ordinance codified in this Chapter, shall be kept on file in the office of the Town Clerk or Building Official. Copies of said Code and appendices shall be available for sale to the public at a moderate price.
(Ord. 86, §5.2, 1995; Amended Ord. 108, §43, 2007; Amended Municipal Code Codification 2022)
12.16.040 Penalties.
The following section of the International Mechanical Code, 2018 Edition, which contains a violation clause is herewith set forth in full, as amended, and hereby adopted:
It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, move, demolish, or utilize a mechanical system, or cause same to be done, in conflict with or in violation of this Code.
The Building Official shall serve a notice of violation or order to the person responsible for the erection, installation, alteration, extension, repair, removal or demolition of mechanical work in violation of the provisions of this Code, or in violation of a permit or certificate issued under the provisions of this Code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
If the notice of violation is not complied with promptly, the Building Official shall request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this Code or of the order or direction made pursuant thereto.
Any person, firm or corporation violating any of the provisions of the International Mechanical Code, 2018 Edition, or who fails to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this Code, shall be deemed guilty of a municipal offense and each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted. Any municipal offense under this Section shall be deemed one of “strict liability” and shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.
(Ord. 86, §5.3, 1995; Amended Ord. 108, §44, 2007; Amended Municipal Code Codification 2022)
- 12.18 - International Plumbing Code
-
12.18.010 International Plumbing Code Adopted by Reference.
12.18.020 Additions, Modifications and Deletions.
12.18.030 Copies on File and Available for Sale.
12.18.040 Penalties.
12.18.010 International Plumbing Code Adopted by Reference.
Pursuant to the power and authority conferred by the laws of the State of Colorado, there is adopted by reference thereto, the International Plumbing Code, 2018 Edition, and all appendices thereto, promulgated by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. The purpose of this Code is to protect the safety of residents of this Town by prescribing minimum standards for plumbing installation, alteration, addition, repair, relocation, replacement, maintenance or use of any plumbing systems. The plumbing standards of this Code include standards relating to materials, joints, traps, drains, fixtures, supplies, and vents.
(Ord. 86, §4.1, 1995; Amended Ord. 108, §45, 2007; Amended Municipal Code Codification 2022)
Section 46 Additions, Modifications and Deletions.
The International Plumbing Code, 2018 Edition, is hereby amended as follows:
There is added to Chapter 11, "Storm Drainage," Section 1101, General, Paragraph 1101.2, "Disposal," a paragraph to be known as 1101.2.1 as follows:
"1101.2.1 All rain, surface or subsurface water drainage systems shall be installed by a licensed contractor, inspected by the Administrative Authority, Section 103, Authority, and as-built drawings of such system shall be given to the Town Manager, with the exception of gutters and downspouts for residential structures only."
Chapter 7, Section 708, Cleanouts, Paragraph 708.1,3, "Building Drain and Building Sewer Junction," is amended to read as follows:
"708.3.5 Building Drain and Building Sewer Junction. There shall be a cleanout near the junction of the building drain and the building sewer. The cleanout shall be outside the building wall and shall be brought up to the finished ground level. An approved two-way cleanout is required at this location to serve as a required cleanout for both the building drain and the building sewer. The cleanout at the junction of the building drain and building sewer and outside the wall, shall be required regardless of the location of system soil stacks within the structure perimeter. The minimum size of the cleanout at the junction of the building drain and building sewer shall comply with Section 708.1.5. Perimeter drains, gutters and downspouts are not allowed to connect to the sanitary sewer."
There is added to Chapter 6, Section 605, Materials, Joints and Connections, Paragraph 605.12, Copper Pipe, the following:
"All connections on water service lines from main to meter shall be flared or approved compression fittings with the exception of connections above ground or above slabs which may be soldered."
There is added to Chapter 6, Section 605, Materials, Joints and Connections, Paragraphs 605.3.2, 605.3.3 and 605.3.4, to be known as (a), (b) and (c), as follows:
"605.3.2(a) All water service supply piping extending from the main to the curb stop shall be minimum one (1) inch type K copper tubing. All supply piping extending from the curb stop to the water meter shall be minimum one (1) inch type K copper tubing, or one and one quarter (1¼) inch HDPE pipe. If HDPE is used, an approved tracer wire must be attached to the service line in accordance with the Town of Dinosaur Public Works Manual.
"605.3.3(b) Existing nonconforming piping may remain until it is altered, repaired or replaced, at which time it must be replaced with type K copper tubing or HDPE pipe as set forth in (a) above. Written disclosure of such nonconforming piping shall be given by property owners to prospective buyers.
"605.3.4(c) When alteration, repair or replacement of a water meter which is installed in a pit is necessary, the meter shall be relocated either under or within the structure being served by water. The pit shall be removed and filled."
There is added to Chapter 6, Section 605, Materials, Joints and Connections, Paragraph 605.7, Valves, a paragraph known as 605.7.1, as follows:
"605.7.1 A curb stop shall be located on the property line, and the riser (McDonalds, Mueller or comparable as approved by the Town) shall protrude at least to grade or higher, but not exceed two (2) inches above grade. A curb stop shall not be covered or filled with any substance that restricts its accessibility."
The adopted International Plumbing Code is subject to the following additions:
A. No permit shall be issued to any person to do or to cause to be done any plumbing or drainage work regulated by this Chapter, except to a person holding a valid, unexpired and unrevoked master plumber's license and registration as required by the Town or as otherwise provided in this Section. Any permit required by this Chapter may be issued to any person to do any plumbing or drainage work regulated by this Chapter in a single-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings if that person is the bona fide owner of any such dwelling and accessory buildings and quarters and such premises are occupied by or designed to be occupied by such owner, provided that the owner shall personally perform all labor in connection therewith.
B. The Town requires as-built drawings for all changes or new installations in sewer or water locations. These drawings shall be given to a representative of the respective department affected.
C. Tapping of a water main shall be done by the Town of Dinosaur, unless otherwise authorized by the water department, tapping of sewer mains shall be done by a licensed plumber and inspected by a Town representative prior to burial.
D. Water and sewer mains shall be installed by an approved utility contractor, and be inspected by a Town representative prior to burial. An approved tracer wire shall be installed on all water and sewer mains in accordance with the Town of Dinosaur Public Works Department.
E. Sewer service lines from the tap to the structure shall be installed by a plumber authorized in the Town and the State. The Town shall tap all water mains and install type K-copper from the main to the curb stop. All water service lines from the curb stop to the structure shall be installed by a plumber authorized in the Town and the State. All water and sewer service lines shall be inspected by a Town representative prior to burial. An approved tracer wire shall be installed on all non-metallic water and sewer service lines in accordance with the Town of Dinosaur Public Works Department.
F. The Town requires that winterizing of homes and businesses shall be done using nontoxic means, by an authorized plumbing contractor or a homeowner, if in his or her own residence. A meter reading shall be taken and submitted to the Town’s utility billing department.
G. Backflow prevention: See Chapter 8.28 of this Code, "backflow and cross-connection standards".
(Ord. 108, §46, 2007; Amended Municipal Code Codification 2022)
12.18.030 Copies on File and Available for Sale.
At least one (1) copy of the International Plumbing Code, 2018 Edition, and all appendices thereto, together with one copy of the Ordinance codified in this Chapter, shall be kept on file in the office of the Town Clerk or Building Official. Copies of said Code and appendices shall be available for sale to the public at a moderate price.
(Ord. 86, §4.2, 1995; Amended Ord. 108, §47, 2007; Amended Municipal Code Codification 2022)
12.18.040 Penalties.
The International Plumbing Code, 2018 Edition, which contains the penalty clause, as amended, is herewith set forth in full and hereby adopted.
It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize any plumbing system, or cause same to be done, in conflict with or in violation of any of the provisions of this Code.
The Building Official shall serve a notice of violation or order to the person responsible for the erection, installation, alteration, extension, repair, removal or demolition of plumbing work in violation of the provisions of this Code, or in violation of a permit or certificate issued under the provisions of this Code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
If the notice of violation is not complied with promptly, the Building Official shall request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this Code or of the order or direction made pursuant thereto.
Any person, firm or corporation violating any provisions of this Code, or who fails to comply with any of the requirements thereof or who shall erect, install, alter, or repair plumbing work in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this Code, shall be deemed guilty of a municipal offense. Each separate day or portion thereof, during which any violation of this Code occurs or continues, shall be deemed to constitute a separate offense. Any municipal offense under this Section shall be deemed one of “strict liability” and shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, and approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use, which is authorized is lawful.
(Ord. 86, §4.3, 1995; Amended Ord. 108, §48, 2007; Amended Municipal Code Codification 2022)
- 12.22 International Property Maintenance Code
-
12.20.010 International Property Maintenance Code Adopted by Reference.
12.20.020 Copies on File and Available for Sale.
12.20.030 Penalties.
12.20.010 International Property Maintenance Code Adopted by Reference.
Pursuant to the power and authority conferred by the laws of the State of Colorado, there is adopted by reference thereto, the International Property Maintenance Code, 2018 Edition, and all appendices thereto, promulgated by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. The purpose of this Code is to protect the safety of residents of this Town by regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures.
(Ord. 108, §49, 2007; Amended Municipal Code Codification 2022)
12.20.020 Copies on File and Available for Sale.
At least one (1) copy of the International Property Maintenance Code, 2018 Edition, and all appendices thereto, together with one copy of the Ordinance codified in this Chapter, shall be kept on file in the office of the Town Clerk or Building Official. Copies of said Code and appendices shall be available for sale to the public at a moderate price.
(Ord. 108, §51, 2007; Amended Municipal Code Codification 2022)
12.20.030 Penalties.
The International Property Maintenance Code, 2018 Edition, contains a violation clause which is herewith set forth in full, as amended, and hereby adopted:
It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this Code.
Any person failing to comply with a notice of violation or order shall be deemed guilty of a municipal offense or civil infraction as determined by the Town. If the notice of violation is not complied with, the Building Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this Code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
Any person who shall violate a provision of this Code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by State or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Any municipal offense under this Section shall be deemed one of “strict liability” and shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.
(Ord. 108, §52, 2007; Amended Municipal Code Codification 2022)
- 12.20 International Property Maintenance Code
-
12.20.010 International Property Maintenance Code Adopted by Reference.
12.20.020 Copies on File and Available for Sale.
12.20.030 Penalties.
12.20.010 International Property Maintenance Code Adopted by Reference.
Pursuant to the power and authority conferred by the laws of the State of Colorado, there is adopted by reference thereto, the International Property Maintenance Code, 2018 Edition, and all appendices thereto, promulgated by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. The purpose of this Code is to protect the safety of residents of this Town by regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures.
(Ord. 108, §49, 2007; Amended Municipal Code Codification 2022)
12.20.020 Copies on File and Available for Sale.
At least one (1) copy of the International Property Maintenance Code, 2018 Edition, and all appendices thereto, together with one copy of the Ordinance codified in this Chapter, shall be kept on file in the office of the Town Clerk or Building Official. Copies of said Code and appendices shall be available for sale to the public at a moderate price.
(Ord. 108, §51, 2007; Amended Municipal Code Codification 2022)
12.20.030 Penalties.
The International Property Maintenance Code, 2018 Edition, contains a violation clause which is herewith set forth in full, as amended, and hereby adopted:
It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this Code.
Any person failing to comply with a notice of violation or order shall be deemed guilty of a municipal offense or civil infraction as determined by the Town. If the notice of violation is not complied with, the Building Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this Code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
Any person who shall violate a provision of this Code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by State or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Any municipal offense under this Section shall be deemed one of “strict liability” and shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.
(Ord. 108, §52, 2007; Amended Municipal Code Codification 2022)
- 12.22 International Private Sewage Disposal Code
-
12.22.010 International Private Sewage Disposal Code Adopted by Reference.
12.22.020 Copies on File and Available for Sale.
12.22.030 Penalties.
12.22.010 International Private Sewage Disposal Code Adopted by Reference.
Pursuant to the power and authority conferred by the laws of the State of Colorado, there is adopted by reference thereto, the International Private Sewage Disposal Code, 2018 Edition, together with certain appendices thereto, promulgated by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. The purpose of this Code is to regulate and govern the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of individual sewage disposal systems. It is a companion to the IPC and provides flexibility in the development of safe systems.
(Ord. 108, §53, 2007; Amended Municipal Code Codification 2022)
12.22.020 Copies on File and Available for Sale.
At least one (1) copy of the International Private Sewage Disposal Code, 2018 Edition, and all appendices thereto, together with one copy of the Ordinance codified in this Chapter, shall be kept on file in the office of the Town Clerk or Building Official. Copies of said Code and appendices shall be available for sale to the public at a moderate price.
(Ord. 108, §55, 2007)
12.22.030 Penalties.
The International Private Sewage Disposal Code, 2018 Edition, contains a violation clause which is herewith set forth in full, as amended, and hereby adopted:
It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, remove, demolish or use any private sewage disposal system, or cause same to be done, in conflict with or in violation of any of the provisions of this Code.
The Building Official shall serve a notice of violation or order to the person responsible for the erection, installation, alteration, extension, repair, removal or demolition of private sewage disposal work in violation of the provisions of this Code; in violation of a detailed statement or the approved construction documents thereunder or in violation of a permit or certificate issued under the provisions of this Code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
If the notice of violation is not complied with promptly, the Building Official shall request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful system in violation of the provisions of this Code or of the order or direction made pursuant thereto.
Any person who shall violate a provision of this Code or fail to comply with any of the requirements thereof or who shall erect, install, alter or repair private sewage disposal work in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this Code, shall be guilty of a municipal offense. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Any municipal offense under this Section shall be deemed one of “strict liability” and shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.
(Ord. 108, §56, 2007; Amended Municipal Code Codification 2022)
- 12.23 - International Fuel Gas Code
-
12.23.010 International Fuel Gas Code Adopted by Reference.
12.23.020 Additions, Modifications and Deletions.
12.23.020 Copies on File and Available for Sale.
12.23.030 Penalties.
12.23.010 International Fuel Gas Code Adopted by Reference.
Pursuant to the power and authority conferred by the laws of the State of Colorado, there is adopted by reference thereto, the International Fuel Gas Code, 2018 Edition, promulgated by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. The purpose of this Code is to address the design and installation of fuel gas systems and gas fired appliances through prescriptive and performance requirements. The subject matter of this Code establishes minimum regulations for fuel gas systems and gas fired appliances and is founded on broad base principles that make possible the use of new materials and new fuel gas system and appliance designs. The Code is founded on principles intended to establish provisions consistent with the scope of a fuel gas code that adequately protects public health, safety and welfare; provisions that do not unnecessarily increase construction costs; provisions that do not restrict the use of new materials, products or methods of construction; and provisions that do not give preferential treatment to particular types or classes of materials, products or methods of construction.
12.23.020 Additions, Modifications and Deletions.
The adopted International Fuel Gas Code is subject to the following additions and modifications.
A. No permit shall be issued to any person to do or cause to be done any fuel gas piping installation or maintenance work regulated by this Chapter, except to a person holding a valid, unexpired and unrevoked mechanical or plumbing license as required by the Town or as otherwise provided in this section.
B. Any permit required by this Chapter may be issued to any person to do any fuel gas piping work regulated by this chapter in a single-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings, if that person is the bona fide owner of any such dwelling and accessory buildings and quarters and such premises are occupied by or designed to be occupied by such owner, provided that the owner shall personally purchase all material and shall personally perform all labor in connection therewith.
C. IFGC Section 406.4.1 (Test pressure) is amended by changing 3 psig to 10 psig.
D. IFGC Section 101.1 (Title) is modified by the addition of the term "Town of Dinosaur" where indicated.
I. Fee Schedule
A. A permit shall not be valid until the fees prescribed in Chapter 15.16 of this title have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
B. Any person who commences any work on any fuel gas piping system before obtaining the necessary permits shall be subject to a doubling of the normally imposed permit fee for such work. NOTE: "Emergency repairs" are not subject to these penalties; however, a permit for such work must be obtained in a timely manner, and required inspections must still be passed. When in question, the determination of "emergency" status will be decided by the authority having jurisdiction. Any person who refuses to stop work and obtain required permits, when so directed by the authority having jurisdiction, will be subject to more serious civil and/or criminal penalties as set forth in Section 12.23.040 below.
C. The fees for fuel gas piping work shall be as indicated in Section 12.26.080, of this Title.
12.23.030 Copies on File and Available for Sale.
At least one (1) copy of the International Fuel Gas Code, 2018 Edition, and all appendices thereto, together with one copy of the Ordinance codified in this Chapter, shall be kept on file in the office of the Town Clerk or Building Official. Copies of said Code and appendices shall be available for sale to the public at a moderate price.
12.23.040 Penalties.
The following penalties set forth in full shall apply to this Chapter:
A. It is unlawful for a person to violate any of the provisions stated or adopted in this Chapter.
B. Every person convicted of a violation of any provisions stated or adopted in this Chapter shall be deemed guilty of a municipal offense and, upon conviction, shall be fined in the sum not to exceed three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Each day that such a violation is permitted to exist shall constitute a separate offense.
- 12.24 - Administration and Enforcement
-
12.24.010 Building Official-Designated.
12.24.020 Interpretation.
12.24.030 Promulgation of Regulations.
12.24.040 Building Official-Power and Duties.
12.24.050 Responsibility of Owner.
12.24.060 Prohibitions.
12.24.010 Administration and Enforcement - Building Official - Designated.
The Mayor shall designate a person to serve as the Town of Dinosaur Building Official. The Board of Trustees may authorize the Mayor to serve in the capacity of Building Official. The Building Official is authorized and directed to enforce all provisions of this Title and the Codes adopted by reference thereunder. The Town may contract with other persons or other governmental entities to perform inspections and other duties of the Building Official provided for in this Title and the Codes adopted by reference thereunder.
(Ord. 86, §6.1, 1995; Amended Ord. 108, §57, 2007; Amended Municipal Code Codification 2022)
12.24.020 Interpretation.
The Town Building Official shall be deemed the judge as to the proper interpretation of the rules and requirements of this Title and the Codes adopted by reference thereunder pertaining to the construction, alteration, enlargement or improvement of buildings and structures regulated by this Title or the Codes adopted by reference thereunder. Provided, however, the Building Official shall not be permitted to modify any substantive rules and regulations contained in this Title and the Codes adopted by reference thereunder.
(Ord. 86, §6.2, 1995; Amended Ord. 108, §58, 2007; Amended Municipal Code Codification 2022)
12.24.030 Promulgation of Regulations.
The Town Building Official shall be authorized to promulgate from time to time additional regulations, design standards, tables, drawings, and guidelines not in conflict with the provisions of this Title and the Codes adopted by reference thereunder.
(Ord. 86, §6.3, 1995; Amended Ord. 108, §59, 2007; Amended Municipal Code Codification 2022)
12.24.040 Building Official - Powers and Duties.
A. The Building Official is charged with the administration and enforcement of this Title and all Codes adopted by reference thereunder by the Town Council.
B. The Building Official shall have the power to:
1. Enter any premises at any reasonable time for the purpose of administering this Title.
2. Direct that tests of materials, devices, construction methods, structural assemblies or foundation conditions be made, or sufficient evidence or proof be submitted at the expense of the owner where such evidence or proof is necessary to determine whether the material, devices, construction or foundation meets the requirements of this Title. The records of such test shall be kept available for inspection during the construction of the building or structure and for such a period thereafter as required by the Building Official.
3. Direct by written notice, or by attaching a placard to the premises, the correction of any condition where, in the opinion of the Building Official, such a condition violates the provisions of this Title.
4. Revoke a permit where there is a violation of the provisions of Section 12.24.040 of this Title.
(Ord. 86, §6.4, 1995; Amended Ord. 108, §60, 2007; Amended Municipal Code Codification 2022)
12.24.050 Responsibility of Owner.
Neither the granting of a permit, nor the approval of the drawings and specifications, nor inspections made by the Building Official shall in any way relieve the owner of such building or structure from full responsibility for carrying out all work in accordance with the requirements of this Title and the Codes adopted by reference thereunder.
(Ord. 86, §6.5, 1995; Amended Ord. 108, §61, 2007; Amended Municipal Code Codification 2022)
12.24.060 Prohibitions.
A. No person shall commence or continue any work in respect to any building, structure, factory-built housing unit, manufactured home, mobile home or equipment without first obtaining required permits from the Town of Dinosaur Building Department.
B. No person shall construct or commence any work in respect to any private or subsurface wastewater disposal facilities without first obtaining a permit from the Town of Dinosaur Building Department and, if required, a permit from the Moffat County Environmental Health Department.
C. The written approval of the Building Official and, if required, the Moffat County Environmental Health Department shall be obtained before the backfilling on any subsurface wastewater disposal facilities.
D. The written approval of the Building Official shall be obtained before:
1. The placing or pouring of any concrete;
2. A foundation below the land surface is backfilled or covered;
3. The structural framework of a building or structure is covered or concealed.
E. In respect to any work undertaken in violation of the provisions of the preceding subsections (C) and (D) that have been installed but have not been improved, the Building Official or the Town of Dinosaur Public Works Department, as the case may be, may at any time require that such work, in whole or in part, be exposed for inspection.
(Ord. 86, §6.6, 1995; Amended Ord. 108, §62, 2007; Amended Municipal Code Codification 2022)
- 12.26 Permits and Fees
-
12.26.010 Permits Required.
12.26.020 Waiver of Permit Requirements.
12.26.030 Issuance of Permits.
12.26.040 Application-Contents.
12.26.050 Permits/Sign Board on Site.
12.26.060 Permits-General Conditions.
12.26.070 Permit Fees-General.
12.26.080 Building Permit Fees.
12.26.010 Permits Required.
The Building Official shall promulgate a table that sets forth the projects which require permit(s), if any, and specifies the specific type of permit(s) required and the site inclusion requirements. It shall be the duty of the applicant for a proposed project which is not specifically set forth in said table to contact the Building Official for a determination of the type of permit(s) required, if any, and the site inclusion requirements.
(Ord. 86, §7.1, 1995; Amended Ord. 108, §63, 2007; Amended Municipal Code Codification 2022)
12.26.020 Waiver of Permit Requirements.
The Building Official may waive any permit requirements contained within this Title or the Codes adopted by reference thereunder only after a determination is made that the effect of such a waiver is minor and will not affect the health, safety and welfare of the citizens of the Town of Dinosaur.
(Ord. 86, §7.2, 1995; Amended Ord. 108, §64, 2007; Amended Municipal Code Codification 2022)
12.26.030 Issuance of Permits.
A. The Building Official shall issue a permit where:
1. Application for a permit has been made in accordance with the provisions of this Section.
2. The proposed work set out in the application conforms to this Title, the Town of Dinosaur Land Use Regulations, and all other laws, regulations, resolutions or orders applicable within the Town of Dinosaur, including the necessity of a development permit if required pursuant to the Town of Dinosaur Land Use Regulations.
3. All construction drawings, applications, and permit fees have been submitted and approved, including those for plumbing, electrical, and mechanical portions of the project. A footing and foundation permit may be awarded prior to the reception of other permit information if adequate structural and site plan information has been provided.
B. The Building Official shall NOT issue a permit where:
1. The proposed work, as set forth in the application, or the proposed use of the building or structure when completed, does not comply with the provisions of the Town of Dinosaur Land Use Regulations.
2. The following subdivision improvements, in the subdivision where the proposed building or structure is located, as required in the Town of Dinosaur Land Use Regulations, have not been installed or have not been approved by the Town Engineer:
a. Survey monuments
b. Wastewater lines and laterals to each lot
c. Water mains and laterals to each lot
d. Fire hydrants
e. Storm drainage structures
f. Grading, base construction and paving of streets and alleys
g. Soil stabilizing structures
h. Utilities, including telephone, electrical service, and gas lines, or as required by the applicable subdivision improvements agreement or development permit.
3. The proposed site is located in a development requiring a development permit pursuant to the Town of Dinosaur Land Use Regulations and said development permit has not been issued.
4. The proposed site is located, all or in part, within any area determined by the Building Official to necessitate special building requirements as a result of potential avalanche, earth movement, floods, surface water, or other potentially hazardous conditions, or is located within an area of special flood hazard as designated pursuant to the Town of Dinosaur Land Use Regulations, and any special permits required by said Regulations have not been obtained by the applicant. All special building requirements included in any special permit shall be incorporated into the permit issued to the applicant under this Title.
5. In the opinion of the Building Official, the results of any required tests are not satisfactory.
(Ord. 86, §7.3, 1995; Amended Ord. 108, §65, 2007; Amended Municipal Code Codification 2022)
12.26.040 Application - Contents.
An application for a permit issued under this Title shall:
A. Be made on the form prescribed by the Building Official.
B. Be signed by the applicant.
C. Be accompanied by the fee prescribed for the work to be undertaken.
D. State the intended use of the building or structure.
E. Include copies in duplicate for single-family structure and in triplicate for multi-family or commercial structure of a plot plan, architectural, structural, foundation plans, drawings drawn to architectural or engineer scale and specifications of the work to be carried out as required by the International Building Code, 2018 Edition, and the International Residential Code, 2018 Edition. Notwithstanding the provisions of the International Building Code, 2018 Edition, and International Residential Code, 2018 Edition, the plot plan shall show and include:
1. Property lines;
2. Outline of proposed and existing building with setbacks from property lines indicated on all sides;
3. All easements, utility, water and wastewater lines;
4. Driveway and driveway intersection with public roads, including grades, width, and necessary culverts and ditches;
5. Parking places dimensioned and numbered, with any snow removal area(s) indicated;
6. Proposed method of drainage of water away from foundation and into drainage way;
7. Proposed revegetation or landscape plan with erosion and sediment control;
8. Location of live streams, ponds or lakes, all other dry washes; and
9. Contain any other information required by this Title, any applicable Code adopted by reference under this Title, or the Building Official.
(Ord. 86, §7.4, 1995; Amended Ord. 108, §66, 2007; Amended Municipal Code Codification 2022)
12.26.050 Permits/Sign Board on Site.
A. An address sign board, which does not require a sign permit, must be posted at all building sites for construction permitted through the Town of Dinosaur Building Official. The sign board shall provide a place to mount the permit card where it can be signed during various inspections. The Building Official may promulgate recommended dimensions for said board as a guideline only.
B. The sign board must be legible and visible from the road that serves the driveway or access and must provide a weatherproof cover for the building permit card. The sign board must contain the following information:
1. Building permit number;
2. Owner’s name;
3. Property address;
4. Lot, block and filing numbers; and
5. Contractor’s name
C. The person to whom the permit is issued shall, during construction, post in a conspicuous place on the property in respect of which the permit was issued a copy of the building permit or a poster or placard approved by the Building Official in lieu thereof.
D. The person to whom the building permit is issued shall, during construction, keep a copy of the approved drawings and specifications referred to in Section 12.26.040 of this Title on the property in respect of which the permit was issued.
(Ord. 86, §7.5, 1995; Amended Ord. 108, §67, 2007; Amended Municipal Code Codification 2022)
12.26.060 Permits - General Conditions.
Every permit is issued upon the condition that:
A. Construction is to be started within six (6) months from the date of the issuance of the permit;
B. Construction is not to be discontinued or suspended for a period of more than one (1) year; and
C. The exterior of any building shall be finished in durable, weather resistant materials prior to the employment of the particular use for which the building is intended.
(Ord. 86, §7.6, 1995; Amended Ord. 108, §68, 2007; Amended Municipal Code Codification 2022)
12.26.070 Permit Fees - General.
A. The estimated value of the work shall be reviewed by the Building Official and shall be based on the declared cost of materials and labor for each permit for each building or structure. The Building Official shall account for all fees paid under this Title for any building, mobile home placement, manufactured home placement, or factory-built unit placement. All fees collected shall be deposited in the Town’s general fund, unless otherwise specified herein.
B. If the Building Official discovers any person undertaking work in violation of this Title, he shall notify the violator to cease such act or acts, and such violator shall pay for such applicable permit(s) twice the amount of the fee otherwise levied.
(Ord. 86, §7.7, 1995; Amended Ord. 108, §69, 2007; Amended Municipal Code Codification 2022)
12.26.080 Building Permit Fees.
A. The schedule of fees to be charged for the issuance of permits under this Title are as follows:
SCHEDULE OF PERMIT FEES
TABLE 1
BUILDING PERMIT FEES
Value
Permit Fee
Plan Check
Total
$500.00
$23.50
$15.28
$38.78
600.00
26.55
17.26
43.81
700.00
29.60
19.24
48.84
800.00
32.65
21.22
53.87
900.00
35.70
23.20
58.90
1,000.00
38.75
25.19
63.94
1,100.00
41.80
27.17
68.97
1,200.00
44.85
29.15
74.00
1,300.00
47.90
31.14
79.04
1,400.00
50.95
33.12
84.07
1,500.00
54.00
35.10
89.10
1,600.00
57.05
37.08
94.13
1,700.00
60.10
39.07
99.17
1,800.00
63.15
41.05
104.20
1,900.00
66.20
43.03
109.23
2,000.00
69.25
45.18
114.43
3,000.00
83.25
54.11
137.36
4,000.00
97.25
63.21
160.46
5,000.00
111.25
72.31
183.56
6,000.00
125.25
81.41
206.66
7,000.00
139.25
90.51
229.76
8,000.00
153.25
99.61
252.86
9,000.00
167.25
108.71
275.96
10,000.00
181.25
117.81
299.06
11,000.00
195.25
126.91
322.16
12,000.00
209.25
136.01
345.26
13,000.00
223.25
145.11
368.36
14,000.00
237.25
154.21
391.46
15,000.00
251.25
163.31
414.56
16,000.00
265.25
172.41
437.66
17,000.00
279.25
181.51
460.76
18,000.00
293.25
190.61
483.86
19,000.00
307.25
199.71
506.96
20,000.00
321.25
208.81
530.06
21,000.00
335.25
217.91
553.16
22,000.00
349.25
227.01
576.26
23,000.00
363.25
236.11
599.36
24,000.00
377.25
245.21
622.46
25,000.00
391.25
254.31
645.56
26,000.00
401.85
261.20
663.05
27,000.00
411.95
267.77
679.72
28,000.00
422.05
274.33
696.38
29,000.00
432.15
280.90
713.05
30,000.00
442.25
287.63
729.88
31,000.00
452.35
294.03
746.38
32,000.00
462.45
300.59
763.04
33,000.00
472.55
307.16
779.71
34,000.00
482.65
313.72
796.37
35,000.00
492.75
320.29
813.04
36,000.00
502.85
326.85
829.70
37,000.00
512.95
333.42
846.37
38,000.00
523.05
340.28
863.33
39,000.00
533.15
346.55
879.70
40,000.00
543.25
353.11
896.36
41,000.00
553.35
359.68
913.03
42,000.00
563.45
366.24
929.69
43,000.00
573.55
372.81
946.36
44,000.00
583.65
379.50
963.15
45,000.00
593.75
385.94
979.69
46,000.00
603.85
392.50
996.35
47,000.00
613.95
399.08
1,013.03
48,000.00
624.05
405.63
1,029.68
49,000.00
634.15
412.20
1,046.35
50,000.00
644.25
418.76
1,063.01
51,000.00
650.75
422.99
1,073.74
52,000.00
657.75
427.54
1,085.29
53,000.00
664.75
432.09
1,096.84
54,000.00
671.75
436.64
1,108.39
55,000.00
678.75
441.19
1,119.94
56,000.00
685.75
445.74
1,131.49
57,000.00
692.75
450.29
1,143.04
58,000.00
699.75
454.84
1,154.59
59,000.00
706.75
459.39
1,166.14
60,000.00
713.75
463.94
1,177.69
61,000.00
720.75
468.49
1,189.24
62,000.00
727.75
473.04
1,200.79
63,000.00
734.75
477.59
1,212.34
64,000.00
741.75
482.14
1,223.89
65,000.00
748.75
486.69
1,235.44
66,000.00
755.75
491.24
1,246.99
67,000.00
762.75
495.79
1,258.54
68,000.00
769.75
500.34
1,270.09
69,000.00
776.75
504.89
1,281.64
70,000.00
783.75
509.44
1,293.19
71,000.00
790.75
513.99
1,304.74
72,000.00
797.75
518.54
1,316.29
73,000.00
804.75
523.09
1,327.84
74,000.00
811.75
527.64
1,339.39
75,000.00
818.75
532.19
1,350.94
76,000.00
825.75
536.74
1,362.49
77,000.00
832.75
541.29
1,374.04
78,000.00
839.75
545.84
1,385.59
79,000.00
846.75
550.39
1,397.14
80,000.00
853.75
554.94
1,408.69
81,000.00
860.75
559.49
1,420.24
82,000.00
867.75
564.04
1,431.79
83,000.00
874.75
568.59
1,443.34
84,000.00
881.75
573.14
1,454.89
85,000.00
888.75
577.69
1,466.44
86,000.00
895.75
582.24
1,477.99
87,000.00
902.75
586.79
1,489.54
88,000.00
909.75
591.34
1,501.09
89,000.00
916.75
595.89
1,512.64
90,000.00
923.75
600.44
1,524.19
91,000.00
930.75
604.99
1,535.74
92,000.00
937.75
609.54
1,547.29
93,000.00
944.75
614.09
1,558.84
94,000.00
951.75
618.64
1,570.39
95,000.00
958.75
623.19
1,581.94
96,000.00
965.75
627.74
1,593.49
97,000.00
972.75
632.29
1,605.04
98,000.00
979.75
636.84
1,616.59
99,000.00
986.75
641.39
1,628.14
100,000.00
993.75
645.94
1,639.69
Over
100,000.00993.75 plus $5.60/$1,000.00
65% of permit fee
As calculated
Over
500,000.003,233.75 plus $4.75/$1,000.00 over $500 k
Over
1,000,000.005,608.75 plus $3.15/$1,000.00 over $1 million
Manufactured housing permit fee
Single-wide
units145.00
Double-wide
units220.00
TABLE 2
MECHANICAL PERMIT FEES
Issuance
1.
For the issuance of each mechanical permit
$ 25.00
2.
For issuing each supplemental permit for which the original permit has not expired, been canceled or finaled
10.00
Unit fee schedule (in addition to items 1 & 2 above):
Furnaces
1.
For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 BTU
17.00
2.
For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, over 100,000 BTU
21.00
3.
For the installation or relocation of each floor furnace, including vent
17.00
4.
For the installation or relocation of each suspended heater, recessed wall heater or floor-mounted unit heater
17.00
Appliance Vents
1.
For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit
8.50
Repairs or Additions
1.
For the repair of, alteration of or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the International Mechanical Code
16.00
Boilers, Compressors and Absorption Systems
1.
For the installation or relocation of each boiler or compressor up to and including 3 horsepower (10.6 kW). or each absorption system up to and including 100,000 BTU
17.00
2.
over 3 to 15 horsepower or over 100,000 BTU, including 500,000 BTU
31.00
3.
over 15 to 30 horsepower or over 500,000 BTU, including 1,000,000 BTU
43.00
4.
over 30 to 50 horsepower or over 1,000,000 BTU, including 1,750,000 BTU
64.00
5.
over 50 horsepower or over 1,750,000 BTU
106.00
Air Handlers
1.
For each air-handling unit up to and including 10,000 cfm (4,719 L/s) including ducts attached thereto.*
12.00
2.
For each air-handling unit over 10,000 cfm
21.00
Evaporative Coolers
1.
For each evaporative cooler other than portable type (swamp cooler)
12.00
Ventilation and Exhaust
1.
For each ventilation fan connected to a single duct
$ 8.00
2.
For each ventilation system which is not a portion of any heating or AC system
12.00
3.
For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood
12.00
Miscellaneous
1.
For each appliance or piece of equipment regulated by the International Mechanical Code but not classified in other appliance categories, or for which no other fee is listed in the table, e.g., ducts
12.00
2.
Gas piping:
one to five outlets
20.00
each additional outlet
1.00
3.
Inserts, stoves and fireplaces (classified under Furnaces #1)
17.00
4.
Roof top unit:
if Duo Pac, charge for compressor and furnace according to BTUs
if Cooling, charge for compressor according to BTUs
if Heating, charge for furnace according to BTUs
5.
In-Floor (radiant) heating system:
Charge for boiler according to BTUs
* Note: this fee does not apply to an air-handling unit which is a portion of a factory assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the International Mechanical Code.
TABLE 3
PLUMBING PERMIT FEES
Issuance
1.
For the issuance of each plumbing permit
$25.00
2.
For issuing each supplemental permit for which the original permit has not expired, been canceled or finaled
15.00
Unit Fee Schedule (in addition to items 1 & 2 above)
1
For each plumbing fixture on 1 trap or a set of fixtures on 1 trap
8.00
2.
For each building sewer and each trailer park sewer
18.00
3.
Rainwater systems - per drain (inside building)
8.00
4.
For each water heater and/or vent
8.00
5.
For each gas piping system of 1 to 5 outlets
20.00
6.
For each additional gas piping system outlet, per outlet
1.00
7.
For each industrial waste pretreatment interceptor including its trap
10.00
8.
For each installation, alteration or repair of water piping and/or water treating equipment
8.00
9.
For each repair or alteration of drainage or vent piping, each fixture
8.00
10.
For each lawn sprinkler system on any 1 meter, including backflow devices
8.00
11.
For atmospheric-type vacuum breakers:
1 to 5 fixtures
5.00
over 5, each
1.00
12.
For each backflow protective device other than atmospheric-type vacuum breakers:
2 inch (51 mm) diameter and smaller
10.00
over 2 inch (55 mm) diameter
20.00
13.
For each graywater system
40.00
14.
For initial installation and testing for a reclaimed water system
30.00
15.
For each annual cross-connection testing of a reclaimed water system (excluding initial test)
30.00
16.
For each medical gas piping system serving 1 to 5 inlets/outlets for specific gas
50.00
17.
For each additional medical gas inlet/outlet
5.00
(Ord. 108, §70, 2007; Amended Municipal Code Codification 2022)
- 12.32 Miscellaneous Provisions
-
12.32.010 Permit Requirement Guideline.
12.32.010 Permit Requirement Guideline.
Specific Projects
No Permit Required
Permit(s) Required
Review Required
Site Plan Required
New Structures, Factory Built Structures and Manufactured Housing on Private Land
Building of New Residential Structures
1,2,3,4,5,9,10,11
BD, PD, EG
X
Building of New Non-Residential Commercial Structure
1,2,3,4,5,9,10, 11
BD, PD, EG
X
Moving of Existing Structure to New Location
1,6
BD, PD, EG
X
Moving of Manufactured Housing Into a Mobile Home Park
1, 3,8
BD, PD
X
Moving and Setting of Factory Built Structure on Building Site
1,2,3,4,5
BD, PD, EG
X
Grading With No Other Construction
All Grading
5
EG
X
One story detached buildings used as tool and storage sheds, playhouses and similar uses provided the projected roof area does not exceed 120 sq. ft. and the height of said building does not exceed 10 feet at peak of roof.
X
Condemned Buildings
Demolition of the whole or part of building, factory built structures, or manufactured housing
1
BD, PD
Additions, Alterations to Exterior Construction and On-Site Accessory Construction
Additions and alterations involving bedroom, bathroom, kitchen, living room, or other accessory rooms
1,2,3,4,9,10
BD, PD, EG
X
Additions and alterations involving an attached or detached garage or shop
1,2,3,4,5
BD, PD, EG
X
Non-Structural sidewalks/slabs
X
Additions and Exterior Construction and On-Site Accessory Construction
Decks and patios not over 20 sq. ft. and 30 inches above grade with no permanent construction above the floor line
X
Additions and Exterior Construction and On-Site Accessory Construction
Decks, entry porches, etc.
1,3
BD, PD
X
Retaining walls, over 4 feet in height (engineering required)
1
BD, EG
X
Fences over 6 feet in height
1
BD, PD, EG
X
Fences used for agricultural purposes only or those fences under 6 feet in height
X
Erection of exterior signs (except as exempt in zoning resolutions)
7
BD, PD, EG
X
All non-structural landscaping
X
Exterior Repair and Replacement and/or Addition
Replacement of roof
1
BD
Repair or replacement of exterior siding
1
BD
Replacement or addition of exterior window
1
BD
Repair of existing exterior window
1
BD
Addition of exterior door
1
BD, PD
Repair or replacement of existing exterior door
1
BD
Interior Repair and Replacement and/or Addition
Repair or replacement of floor covering
X
Painting, papering or similar finish work - exterior or interior
X
Installation of wood burning stove or fireplace
4
BD
(This Table contains guidelines only, and does not take precedence over the International Codes as adopted by the Town of Dinosaur.)
Key:
1 - Building
2 - Pluming
3 - Electrical
4 - Mechanical
5 - Grading
6 - Individual Wastewater Disposal
7 - Sign
8 - Manufactured Housing Hookup
9 - Fire Alarm System
10 - Fire Sprinkler System
11 - Right-of-Way Construction Permit
Routing abbreviations:
Building Division - BD
Environmental Health - EH
Planning Division - PD
Engineering - EG
(Ord. 108, §71, 2007; Amended Municipal Code Codification 2022)
- 12.34 - Appeals
-
12.34.010 Application for Appeal.
12.34.020 Time for Appeal.
12.34.030 Town Council Action on Appeal.
12.34.040 Hearings.
12.34.050 Decision.
12.34.060 Appeals from the Council.
12.34.010 Application for Appeal.
Any person aggrieved by a decision of the Building Official, denying, issuing, or revoking a permit or in applying the provisions of this Title or any Code adopted by reference thereunder to the construction, alteration, or repair of a structure, as herein defined, may appeal such decision to the Town Council of the Town of Dinosaur.
(Ord. 86, §8.1, 1995)
12.34.020 Time for Appeal.
An appeal shall be commenced within fifteen (15) days from the date of the decision appealed from by filing a written notice of appeal with the Town Clerk setting forth the decision appealed from and the grounds for said appeal.
(Ord. 86, §8.2, 1995)
12.34.030 Town Council Action on Appeal.
Upon receipt of a notice of appeal, the Mayor shall schedule said appeal for hearing within thirty (30) days. The Town Clerk shall thereupon mail written notice of the date, time, and place of the hearing to the Building Official and to the appellant.
(Ord. 86, §8.3, 1995)
12.34.040 Hearings.
Hearings shall be public and shall permit the appellant to call witnesses, introduce evidence, examine and cross-examine witnesses, and otherwise provide the appellant with due process of law. The Town Council may adopt reasonable rules and regulations for the conduct of hearings and thereafter such rules and regulations shall govern the conduct of such hearings.
(Ord. 86, §8.4, 1995)
12.34.050 Decision. The Council shall issue its findings and decision thereon in writing no later than thirty (30) days after the conclusion of the hearing. The Town Clerk shall mail copies of the findings and decision to the Building Official and the appellant.
(Ord. 86, §8.5, 1995)
12.34.060 Appeals from the Council.
Any decision issued by the Town Council on an appeal filed under this Title shall be final. Any further appeal from the decision of the Town Council shall be made to the District Court, as provided by law.
(Ord. 86, §8.6, 1995)
-
- 13.04 - General Provisions
-
Chapter 13.04
GENERAL PROVISIONS
Sections:
13.04.010 Applicability.
13.04.020 Damages.
13.04.025 Use of Bicycles, Skateboards, and Similar Devices on Sidewalks Prohibited.
13.04.030 Street Construction Fund.
13.04.040 Violation--Penalty.
13.04.010 Applicability.
All use of public rights-of-way shall be subject to the provisions of this Title. Use of public rights-of-way includes but is not limited to the following activities within the legal boundary of such rights-of-way.
A. The operation of a motor vehicle, equipment or machinery;
B. The operation of a nonmotorized vehicle;
C. Construction or reconstruction of all types;
D. Excavations;
E. Erection of any permanent or temporary structures;
F. Placing, displaying or storage of any substance;
G. Maintenance of public improvements;
H. Physical or sight obstructions.
13.04.020 Damages.
Any person, firm, partnership or corporation violating any of the provisions of this Title shall be liable to the Town for any expenses, loss or damage occasioned by reason of such violation.
13.04.025 Use of Bicycles, Skateboards, and Similar Devices on Sidewalks Prohibited.
Any person who knowingly operates or uses a bicycle, skateboard, roller skates, or roller blades on the sidewalks, rights-of-way, commits a non-criminal municipal offense.
13.04.030 Street Construction Fund.
The street construction fund is established. The Town Council shall at least annually make a determination as to the appropriate amount of money to be deposited in said fund and spent therefrom. In determining the appropriate level of contribution to the fund, the Council shall consider the design life of the streets, the age of the streets, the replacement cost of the streets and anticipated growth as well as the financial condition of the Town.
Expenditures of street construction funds shall be limited to major repairs, construction and reconstruction of improvements situated within public rights-of-way. Appropriate expenditures of street construction funds would include plant mix overlay, installation of traffic signals, street widenings, major reconstructions and new construction of streets, storm drainage and sidewalks.
13.04.040 Violation--Penalty.
Unless otherwise specified, violation of any Section of this Title shall constitute a municipal offense. Each day such violation continues shall be deemed a separate offense.
-
- 13.08 - Design and Construction of Public Improvements
-
13.08.010 Surveys and Grades.
13.08.020 Obstructions in Rights-of-way.
13.08.030 Construction in Public Right-of-way.
13.08.040 Ascertaining Street Grade Before Construction.
13.08.010 Surveys and Grades.
The location and elevation of streets, alleys, curbs and gutters and sidewalks shall be determined by the Town.
13.08.020 Obstructions in Rights-of-way.
A. It shall constitute a non-criminal municipal offense to construct or place any obstruction in the public rights-of-way except as duly authorized in subsection (B) of this Section. Such obstructions may be physical barricades or impediments to free movement of pedestrian or vehicle traffic or may limit visibility of oncoming traffic.
B. The Town Council may grant a revocable permit allowing construction or placement of any obstruction in the public right-of-way. Issuance of such a permit shall be irrefutable evidence that the permittee shall indemnify the Town of any liability related to the permitted obstruction.
13.08.030 Construction in Public Right-of-way.
A. It is unlawful to construct, reconstruct, excavate or cause any construction, reconstruction or excavation in public rights-of-way without having first obtained a permit from the Town to perform such work.
B. The minimum specifications for the construction of public improvements shall be determined by resolution of the Town Council.
C. Any contractor performing construction of public improvements shall expressly warrant and guarantee all such work as follows:
1. Sidewalks, curbs, gutters, driveways and other improvements constructed of concrete: two (2) years;
2. Streets and alleys including sub-base, base and wearing surface: one (1) year;
3. Sanitary services, storm sewers, domestic and irrigation water mains and appurtenances thereto: two (2) years.
Such warranty periods shall commence upon the date of acceptance by the Town, as evidenced in writing. The warranty shall include repairs made necessary by imperfections or unsuitability of material or composition, too great or too little moisture, defects of workmanship, or settling of fills or excavations or any damage done by expansion of concrete or any other failure resulting in nonconformance with the minimum specifications established by the Town.
13.08.040 Ascertaining Street Grade Before Construction.
Prior to the issuance of a building permit, the Town shall determine the grade of the street, or streets, adjacent to the proposed building site.
-
- 13.10 - Public Improvements by Contract
-
13.10.010 Applicability.
13.10.020 Public Improvements Less Than Three Thousand Dollars.
13.10.030 Advertisement.
13.10.040 Lowest Responsible Bidder.
13.10.050 Technical, Professional or Incidental Assistance.
13.10.010 Applicability.
All work done by the Town for the construction of public improvements of three thousand dollars ($3,000.00) or more shall be done by contract to the lowest responsible bidder on open bids after ample advertisement. No division of any construction of public works into two (2) or more separate projects for the sole purpose of evading or attempting to evade the requirements of this Chapter shall be allowed, unless the total cost of the construction would be less if divided into two (2) or more projects than if submitted to open bidding on one (1) project.
13.10.020 Public Improvements Less Than Three Thousand Dollars.
All work done by the Town for the construction of public improvements of less than three thousand dollars ($3,000.00) may in the Town Council’s discretion be advertised pursuant to the provisions of this Chapter whenever practicable and in the best interest of the Town.
13.10.030 Advertisement.
The Town Clerk or the Town Treasurer shall prepare and have published in a newspaper of general circulation in Moffat County an advertisement for open bids, specifying the improvement to be constructed, the anticipated commencement and completion dates, the last day for the receipt of bids, and a statement that the Town reserves the right to reject any and all bids received. All bids are to be directed to the Town Hall.
13.10.040 Lowest Responsible Bidder.
The Town Council may award a contract to the person or firm who in its opinion is the lowest responsible bidder. If in the opinion of the Town Council the tendered bids are too high, or if no bids are received, the Town may enter into negotiations concerning the construction of the public improvements by contract.
13.10.050 Technical, Professional or Incidental Assistance.
The Town is not required to advertise for and receive bids for such technical, professional or incidental assistance as it may deem wise to employ in guarding the interest of the Town against the neglect of contractors in the performance of such work.
- 13.12 - Street and Sidewalk Construction and Repair
-
13.12.010 Responsibility for Maintenance.
13.12.020 Sidewalk Construction Permit.
13.12.030 Construction of Sidewalks.
13.12.040 Notice to Repair or Reconstruct Sidewalks and Curbs and Gutters.
13.12.050 Driving Across Sidewalks.
13.12.060 Snow and Ice Removal.
13.12.070 Transporting or Spilling of Substances Injurious to Pavement.
13.12.080 Placement of Debris on Streets.
13.12.090 Size, Weight and Load of Vehicle.
13.12.100 Road Damage.
13.12.010 Responsibility for Maintenance.
A. Property owners shall be responsible for maintenance and reconstruction of all sidewalks, driveways, curbs, gutters or any combinations thereof, after such improvements have been accepted by the Town as properly constructed.
B. The Town shall be responsible for maintenance of streets and alleys.
C. Property owners shall be responsible for repairs to streets and alleys, sidewalks, curbs and gutters and all other public improvements when such repairs are necessary due to actions by the property owners. Such actions by the property owner include but are not limited to excavations to repair the property owner’s water, irrigation or sewer service lines.
D. The Council intends by this Section, to create legally enforceable duties for the benefit of person lawfully using public sidewalks. Subject to applicable rules or law, including comparative negligence and other civil defenses, breach of these duties shall support civil recovery by injured persons lawfully using public sidewalks from each violator, joint and severally, for damages the violation proximately causes.
13.12.020 Sidewalk Construction Permit.
It is unlawful to construct, remove, or in any manner disturb any sidewalk, driveway, curb, gutter or any combination thereof located in public rights-of-way without first obtaining a sidewalk construction permit.
13.12.030 Construction of Sidewalks.
It is unlawful to construct any sidewalk, driveway, curb, gutter or any combination thereof of any material or size or on any line, grade or location except according to the specifications of the Town.
13.12.040 Notice to Repair or Reconstruct Sidewalks and Curbs and Gutters.
If any sidewalk, driveway, curb, gutter or any combination thereof shall be in disrepair or is not constructed on the proper line and/or grade, the Mayor shall order the property owner to repair or reconstruct the improvement within thirty (30) days.
In the event the property owner fails to complete the required work within thirty (30) days, the Town shall cause the work to be completed and the costs thereof, plus eighteen percent (18%) for incidentals, to be assessed to the property owner.
13.12.050 Driving Across Sidewalks.
It shall constitute a non-criminal municipal offense to drive any vehicle over any sidewalk unless such sidewalk is of the hollywood or roll-top variety intended for such use and the purpose of driving across the sidewalk is to go to a lot or structure immediately adjacent to that sidewalk.
13.12.060 Snow and Ice Removal.
The property owner shall be responsible for keeping sidewalks clear of ice and snow. The property owner shall remove or cause the removal of ice and snow from sidewalks prior to eight o’clock in the morning (8:00 a.m.) following a snowfall during the previous night or within two (2) hours of a daytime snowfall. Failure to comply with this Section shall constitute a non-criminal municipal offense.
13.12.070 Transporting or Spilling of Substances Injurious to Pavement.
It is unlawful to spill or allow the placement of any gasoline, oil, kerosene, benzene or other petroleum-based substance on any street unless such substance is applied by or for the Town for maintenance purposes.
13.12.080 Placement of Debris on Streets.
It is unlawful to place any of the following substances on any street or alley:
Glass or glass bottle;
13.12.090 Size, Weight and Load of Vehicle.
A. It is unlawful for any person to drive or move or, for any owner, to allow the movement of any vehicle exceeding the size, weight and load limitations set forth in the Model Traffic Code for Colorado Municipalities.
B. The operator or driver of any laden truck or other commercial vehicle designed and used primarily for the transportation of property, while operating or moving such vehicle within the Town, shall have a gross vehicle weight slip or scale ticket evidencing the total weight of the vehicle and load being transported, issued by a properly licensed or certified scale, which gross vehicle weight slip shall be produced for inspection by any law enforcement officer of the Town. Upon being asked to stop, by a law enforcement officer of the Town, under this Chapter, any driver of such vehicle who fails or refuses to stop, or who fails or refuses to produce such gross vehicle weight slip shall be in violation of this Section, and shall be presumed to be in violation of subsection (A) of this Section.
C. It is unlawful to drive or move any vehicle or to allow any vehicle to be driven or moved when such vehicle exceeds the posted weight limitations.
D. Any violation of this Section shall constitute a non-criminal municipal offense.
13.12.100 Road Damage.
A. No person shall operate or move on any street or road within the Town any vehicle, motor vehicle, trailer or semi‑trailer, mobile machinery or self-propelled construction equipment having any metal tire (all tires the surface of which in contact with the roadway is wholly or partially of metal or other hard, non-resilient material) contact with the roadway, and no person shall drive, operate or move upon or over any street or road within the Town any vehicle, object or contrivance in such a manner so as to cause damage to said street or road.
B. Further, in the event any law enforcement officer of the Town observes an offense of this Section, such officer shall have the right, in order to prevent further damage, to require the operator or driver of such vehicle to immediately stop such vehicle, and upon such a demand or order of such officer, said operator or driver shall immediately stop said vehicle. Any vehicle so stopped shall not be moved until it can be so moved or removed without causing any further damages to the streets or roads.
C. Every person violating the terms of this Section shall be liable for all damages which said street or road may sustain as a result thereof. Whenever the driver of such vehicle is not the owner thereof, but is operating, driving or moving such vehicle at the express or implied consent of the owner thereof, then said owner and driver shall be jointly and severally liable for any such damage and such liability may be enforced by the Town by a civil action.
D. No satisfaction of such civil liability shall be deemed to be a release of satisfaction of any criminal liability for violation of the provisions of this Section.
Any substance which might reasonably be anticipated to be injurious to any person, animal, vehicle or the street or alley.
Snow or ice;
Can;
Wire;
Nail or tack;
Trash;
- 13.16 Excavations
-
13.16.010 Excavation Permit Required.
13.16.020 Excavation Permit--Application.
13.16.030 Excavation Permit--Conditions for Issuance.
13.16.040 Obstruction of Streets.
13.16.050 Warning Devices Required.
13.16.060 Interfering with or Removing Warning Devices.
13.16.070 Backfill Specifications.
13.16.080 Insurance Required--Additional and All-Inclusive Conditions--Implied Agreement.
13.16.090 Bonding Required.
13.16.010 Excavation Permit Required.
It shall constitute a municipal offense to dig, open, excavate or to cause to be dug, opened or excavated any street, alley, sidewalk or other public right-of-way without first having obtained an excavation permit from the Town.
Such permit shall be kept at the site of the excavation while the work is being performed and shall be exhibited upon request to any employee of the Town or any elected official of the Town.
13.16.020 Excavation Permit--Application.
Application for an excavation permit shall include the following:
A. The reason necessitating the excavation;
B. The exact location of the excavation;
C. The date and time when the excavation shall be made and the length of time the excavation will remain unfilled;
D. The proposed barricading plan;
E. Payment of the excavation permit fee in an amount set forth by resolution of the Town Council.
13.16.030 Excavation Permit--Conditions for Issuance.
Excavation permits shall be subject to the following conditions:
A. The permittee shall indemnify the Town from liability relating to the excavation;
B. The permittee, the permittee’s insurance and bonding companies and individual performing the excavation on behalf of the permittee shall be solely responsible for all costs relating to the excavation;
C. Excavations, barricading, traffic control, backfills and public improvement repairs will be performed in accordance with the minimum specifications of the Town;
D. Payment of the excavation permit fee in an amount set forth by resolution of the Council;
E. No permit shall be issued for more than one (1) excavation site.
13.16.040 Obstruction of Streets.
A. It shall be unlawful to block more than one (1) driving lane of any paved street without having first obtained the written permission of the Town.
B. It shall be unlawful to block a driveway overnight. A permittee shall give notice to the occupant of a residence prior to blocking any driveway in a residential area.
C. All backfilling and pavement replacement shall be done in accordance and in compliance with specifications relating to street and alley excavations adopted by resolution of the Town Council.
D. Any violation of this Section shall constitute a municipal offense.
13.16.050 Warning Devices Required.
A. It is unlawful for any person to dig or cause to be dug any hole, drain, ditch or any other excavation in any street, alley, sidewalk or other public place within the Town without providing during the nighttime sufficient flares, lights or other suitable warning devices to be placed with a suitable barricade or temporary fence around such hole, drain, ditch or other excavation, including backfilled areas which have not been patched, in order to prevent persons, animals or vehicles from sustaining injury or damage.
B. During the daytime, the barricades shall be maintained, but flares are not required.
C. Every excavation shall further be protected at all times by traffic safety appliances as prescribed by the Town, in order to minimize the disruption of the flow of traffic in the vicinity of the excavation.
D. Any violation of this Section shall constitute a municipal offense.
13.16.060 Interfering with or Removing Warning Devices.
It shall constitute a municipal offense to damage, displace, remove or interfere with any barricade, warning lights, flares or any other safety appliance which is lawfully placed around or about any street, alley, sidewalk or other excavation or construction work in the Town.
13.16.070 Backfill Specifications.
Backfilling of excavation shall be made in accordance with the specifications of the Town adopted by resolution of the Town Council.
In the event of settlement or subsidence of a particular excavation or part thereof, the permittee who performed the excavation work shall be responsible for all repaving costs and repair costs occasioned thereby for a period of two (2) years after the excavation is backfilled.
13.16.080 Insurance Required--Additional and All-Inclusive Conditions--Implied Agreement.
Any person who shall apply for a permit to dig in, open or excavate any street, alley, sidewalk or other public place in the Town shall be conclusively deemed to have agreed to indemnify and save harmless the Town, its authorized agents, officers, representatives and employees from and against any and all claims, penalties, liability or loss resulting from claims or court action, whether civil, criminal or in equity, arising directly or indirectly out of any act or omission of the applicant, his agents, officers, representatives, or employees in digging in, opening, or excavation of such street, alley, sidewalk or other public places. The applicant shall post with the Town Clerk certification of general liability insurance covering such excavation work with minimum coverage commonly described as one hundred thousand dollars ($100,000.00); three hundred thousand dollars ($300,000.00); twenty-five thousand dollars ($25,000.00); as shall be approved by the Town Attorney as to form, to insure such indemnity. Such insurance shall remain in full force and effect for a period of two (2) years from and after the date of application for each permit issued thereunder. Failure to maintain such insurance shall not relieve any applicant from liability hereunder. Such proof of insurance shall contain a clause to the effect that the Town shall be notified by the insurer not less than thirty (30) days prior to any change in or cancellation of such policy.
13.16.090 Bonding Required.
Any person who shall apply for a permit or permits to dig in, open or excavate any street, alley, sidewalk or other public place in the Town shall post a bond or other performance guarantee acceptable to the Town Attorney in the sum of five thousand dollars ($5,000.00) with the Town Clerk. The condition of such bond shall be that the permittee shall comply with all the ordinances and specifications of the Town relating to the digging in, opening or excavating, any street, alley, sidewalk or other public place in the Town. Such bond shall be approved by the Town as to sufficiency and by the Town Attorney as to form, and for each excavation shall remain in full force and effect for a period of two (2) years from and after the date any excavation made within the twelve (12) month period is backfilled.
In the event of a breach of any of the conditions of such bond, the Mayor shall give notice of same to the surety, shall cause to be remedied the condition wherein the bond is breached, and the Town Attorney shall bring action, in the name of the Town to recover the penalty of the bond, or so much thereof as may be necessary to reimburse all costs and expenses incidental thereto.
No permit shall be issued to any applicant whose bond or any portion thereof has been declared forfeited unless and until such bond shall have been reinstated or a new bond filed as provided herein.
- 13.20 Tree Planting and Removal
-
13.20.010 Utilities.
13.20.020 Public Tree Care.
13.20.030 Tree Topping.
13.20.040 Pruning for Corner Clearance.
13.20.050 Dead or Diseased Tree Removal on Private Property.
13.20.060 Removal of Stumps.
13.20.070 Arborists License and Bond.
13.20.080 Review by Town Council.
13.20.090 Violation--Penalty.
13.20.010 Utilities.
No street trees other than those species approved by the Town may be planted under or within ten feet (10') of any overhead utility wire.
13.20.020 Public Tree Care.
The Town shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the right-of-way of all streets, alleys, avenues, lanes, squares, as well as public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The Town may remove or cause or order to be removed with approval of the Town Council, any tree or part thereof on Town property and within two (2) rights-of-way which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, disease, insect or other pest. This Section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with this Chapter.
13.20.030 Tree Topping.
It is unlawful as a normal practice for any person or firm to top any street tree, park tree or other tree on public property. “Topping” is defined as the severe cutting back of limbs to stubs larger than three inches (3") in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged or other obstructions where other pruning practices are impractical may be exempted from this Chapter at the determination of the Town Council. Town employees shall also not engage in the practices prohibited by this Section. Any violation of this Section shall constitute a non-criminal municipal offense.
13.20.040 Pruning for Corner Clearance.
Every owner of any tree overhanging any street or right-of-way within the Town shall prune the branches so that such branches shall not (severely) obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of thirteen feet (13') above street surface or eight feet (8') above the sidewalk surface. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The Town shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign.
13.20.050 Dead or Diseased Tree Removal on Private Property.
The Town shall have the right to cause the removal of any dead or diseased trees on private property within the Town when such trees constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees within the Town. The Town will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within sixty (60) days after the date of service of notice. In the event of the failure of owners to comply with such provisions, the Town shall have the authority to remove such trees and charge the cost of removal to the owner(s) of the property.
In the event said charges are not paid by the owner of such property when due, the Town Treasurer may certify the amount of the same to the County Treasurer, to be placed on the tax list for the current year, and to be collected in the same manner as other taxes are collected, with ten percent (10%) added thereto to defray the cost of collection, pursuant to Section 31‑20‑105 C.R.S., as amended. All laws of this State for the assessment and collection of general taxes, including the laws for the sale of property for taxes and redemption of the same, shall apply. In addition, the unpaid charges shall constitute a lien on the property until said charges have been paid to the Town. This lien on the property may be foreclosed by an action at law or in equity in the name of the Town in any court having jurisdiction thereof. If the Town must resort to court action for collection of amounts due under this Section, the Town shall also be entitled to its reasonable Attorney’s fees and other expenses incurred in such action if the Town prevails.
13.20.060 Removal of Stumps.
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
13.20.070 Arborists License and Bond.
It is unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the Town without first applying for and procuring a license. The license fee shall be an amount set forth by resolution of the Council; provided, however, that no license shall be required of any utility company or Town employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of twenty-five thousand dollars ($25,000.00) for bodily injury and ten thousand dollars ($10,000.00) property damage indemnifying the Town or any person injured or property damage resulting from the pursuit of such endeavors as herein described.
13.20.080 Review by Town Council.
The Town Council shall have the right to review the conduct, acts and decisions of the Town Tree Board. Any person may appeal from any ruling or order of the Town Tree Board to the Town Council who may hear the matter and make final decisions.
13.20.090 Violation--Penalty.
Unless otherwise specified herein, any person violating any provision of this Chapter shall be deemed guilty of a municipal offense. Each day, or part thereof, that a violation continues shall be deemed a separate offense. Unless otherwise provided herein, each offense shall be deemed one of “strict liability.”
- 14.01 General Provisions
-
Part 1
General Provisions
Sections:
14.01.010 Title.
14.01.020 Short Title.
14.01.030 Purpose.
14.01.040 Authority.
14.01.050 Jurisdiction.
14.01.060 Interpretation.
14.01.070 Applicability of Title.
14.01.080 Relationship to Existing Ordinances.
14.01.090 Relationship to Comprehensive Plan.
14.01.100 Fees.
14.01.110 Application Regulations.
14.01.120 Vested Property Rights.
14.01.130 Changes and Amendments.
14.01.140 Administration and Enforcement.
14.01.150 Violation and Enforcement of Title.
14.01.160 Certificate of Occupancy.
14.01.170 Building Permits.
14.01.180 Notice, Hearing and Orders.
14.01.190 Board of Zoning Adjustment.
14.01.200 Penalties.
14.01.210 Severability.
Part 2
Definitions
Sections:
14.01.220 General Interpretation.
14.01.230 Definitions.
Part 1
General Provisions
14.01.010 Title.
The Ordinances codified in this Title 14 establishes the regulations and standards governing the use and development of land within the Town. Included are provisions for the annexation, subdivision and zoning of land, as well as the administrative procedures governing the submission of applications, administrative and public reviews, and appeals. Also included are Town standards for site design, landscaping, parking and public infrastructure.
(Municipal Code Codification 2022)
14.01.020 Short Title.
The Ordinance codified in this Title 14 and the Official Zoning District Map, shall be known and cited as the “Town of Dinosaur Land Use Regulations.”
(Ord. 60, Art. I, §101.1, 1983)
14.01.030 Purpose.
The regulations in this Title shall be for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the Town of Dinosaur, Colorado.
(Ord. 60, Art. I, §102.1, 1983)
14.01.040 Authority.
This Title is authorized by Sections 31-23-101 et. seq., C.R.S.; Sections 29-20-101 et. seq., C.R.S. and Sections 24-65-101 et. seq., C.R.S.
(Municipal Code Codification 2022)
14.01.050 Jurisdiction.
These Regulations shall apply to all land and all land uses within the municipal boundaries of the Town of Dinosaur, Colorado.
(Municipal Code Codification 2022)
14.01.060 Interpretation.
In their interpretation and application, the provisions of this Title shall be held to be minimum requirements for the promotion of the public health, safety and welfare. Whenever the requirements of this Code are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.
(Municipal Code Codification 2022)
14.01.070 Applicability of Title.
A. The provisions of the Town Land Use Code shall apply to any and all development of land within the municipal boundaries of the Town, unless expressly and specifically exempted or provided otherwise in this Code. No development shall be undertaken without prior and proper approval or authorization pursuant to the terms of this Code. All development shall comply with the applicable terms, conditions, requirements, standards and procedures established in this Code.
(Municipal Code Codification 2022)
B. Except as herein provided, no building, structure or land shall be used and no building or structure or part thereof shall be erected, constructed, reconstructed, altered, repaired, moved or structurally altered except in conformance with the regulations herein specified for the zone district in which it is located, nor shall a yard, lot or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein. Whenever both the provisions of this Code and provisions of any other law cover the same subject matter, whichever rule is more restrictive shall govern.
(Municipal Code Codification 2022)
C. This Code establishes procedural and substantive rules for obtaining the necessary approval to develop land and construct buildings and structures. Development applications will be reviewed for compliance with the Town Comprehensive Plan and with adopted regulations, policies and other guidelines.
(Municipal Code Codification 2022)
14.01.080 Relationship to Existing Ordinances.
All ordinances or resolutions or motions of the Town Council of the Town or parts thereof in conflict with this Code are to the extent of such conflict hereby superseded and repealed, provided that no such repealer shall repeal the repealer clauses of such ordinance, resolution or motion, nor revive any ordinance, resolution or motion thereby. The adoption of this Code shall not adversely affect the Town’s right to seek remedies for any violation of previous ordinances that occurred while those ordinances were in effect.
(Municipal Code Codification 2022)
14.01.090 Relationship to Comprehensive Plan.
It is the intention of the Town that this Code implement the planning policies adopted in the Town Comprehensive Plan (“Comprehensive Plan”) for the Town and its extraterritorial planning area. While this relationship is reaffirmed, it is the intent of the Town that neither this Code nor any amendment to it may be challenged on the basis of any alleged nonconformity with the Comprehensive Plan.
(Municipal Code Codification 2022)
A. Requirement for Comprehensive Plan Amendment. Where a development proposal would be in substantial conflict with the Comprehensive Plan, an amendment to the Comprehensive Plan will be required prior to any zoning or subdivision approvals. A substantial conflict will exist when a development proposal would result in changes from the designations of the Town Comprehensive Plan. (Municipal Code Codification 2022)
B. Criteria for Evaluating Amendment Proposals. Amendments to the Comprehensive Plan resulting from development proposals under this Code shall be evaluated according to the criteria and procedure outlined in the Comprehensive Plan. (Municipal Code Codification 2022)
14.01.100 Fees.
Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters will be charged to applicants for permits, plat approvals, zoning amendments, variances and other administrative relief. The fee schedule will be adopted periodically by the Town Council by resolution and is available from the Town office.
(Municipal Code Codification 2022)
14.01.110 Application Regulations.
A. The provisions and regulations of this Title shall apply to the construction, alteration, extension, location, use and maintenance of all structures in the Town of Dinosaur; and it shall be unlawful for any person to construct, alter, extend, install, use or maintain a structure within the Town of Dinosaur except in compliance with this Title.
B. Existing Individual Non-Conforming Mobile Homes. Any mobile home presently legally parked on an individual lot not in conformity with this Title shall be considered a legal non-conforming structure. It may not be added to, nor materially improved and when moved may be replaced only by a structure which will comply with the then applicable ordinances and codes of the Town of Dinosaur. If it is unoccupied for six (6) consecutive months, it is no longer considered legal non-conforming, cannot again be occupied, and shall be removed from the property.
C. Existing Mobile Home Parks. All Mobile Home Parks and Travel Trailer Parks established after the passage of this Title, which are non-conforming as of the date of passage of this Title, shall be altered to conform to all provisions of this Title within one (1) year of the date of passage of this Title. All Mobile Home Parks and Travel Trailer Parks in existence prior to the passage of this Title shall not be subject to the provisions of the foregoing sentence, provided however, that upon the change of ownership of any such Mobile Home Park or Travel Trailer Park occasioned by sale, death or otherwise, shall be made to conform to the provisions of this Title at the time of any such change of ownership and shall not be operated until compliance with the Title.
(Ord. 60, Art. I, §103.1, 1983)
14.01.120 Vested Property Rights.
A. Purpose. The purpose of this Section is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended, which establishes a vested property right to undertake and complete development of real property under the terms and conditions of an approved site-specific development plan. No vested rights shall be created within the Town except through a site-specific development plan.
B. Definitions. As used in this Section, unless the context otherwise requires:
1. “Landowner” shall mean any owner of a legal or equitable interest in real property, and includes the heirs, successors, and assigns of such ownership interests.
2. “Property” means all real property subject to land use regulation by the Town.
3. “Site specific development plan” shall mean and be limited to the “final plat” of a subdivision or a “final site plan” of a PUD Planned Unit Development District (also known as a “final PUD development plan”) when approved by the Town Council by ordinance duly adopted.
4. “Vested property rights” shall mean the right to undertake and complete the development and use of property under the terms and conditions of a site-specific development plan.
C. Request for Site Specific Development Plan Approval. For those developments for which the landowner wishes the creation of vested property rights pursuant to Article 68 of Title 24, C.R.S., as amended, the landowner shall request the approval in writing at least thirty (30) days prior to the date said approval is to be considered. Failure of the landowner to request such an approval renders the plan not a “site specific development plan,” and no vested property rights shall be deemed to have been created.
D. Notice and Hearing. No site-specific development plan shall be approved until after a public hearing called for that purpose, preceded by notice of such hearing published as provided by law at least fourteen (14) days before the hearing. Such notice may, at the Town’s option, be combined with any other required notice. At such hearing, all interested persons shall have an opportunity to be heard.
E. Approval, Conditional Approval, Effective Date, Amendments, Referendum and Review.
1. A site-specific development plan shall be deemed approved upon the effective date of the ordinance granting final approval of the plan. The vested property right shall attach to and run with the applicable property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site-specific development plan including any amendments thereto.
2. The Town Council may approve a site-specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. Such conditional approval will result in a vested property right, although failure to abide by such terms and conditions will result in a forfeiture of vested property rights.
3. In the event amendments to a site-specific development plan are approved, the effective date of such amendments, for purposes of duration of a vested property right, shall be the date of the approval of the original site specific development plan, unless the Town Council specifically finds to the contrary and incorporates such findings in its approval of the amendment.
4. The approval of vested property rights shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of a notice to the general public of the site-specific development plan and creation of vested property rights.
F. Notice of Approval.
1. Each map, plat or site plan or other document constituting a site-specific development plan shall contain the following notice: “Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended.” Failure to contain this statement shall invalidate the creation of the vested property right.
2. In addition, the Town shall publish a notice describing generally the type and intensity of the use approved, the specific parcel or parcels of property affected and stating that a vested property right has been created. The notice shall be published once, not more than fourteen (14) days after approval of the site-specific development plan, in a newspaper of general circulation within the Town.
G. Duration of Vested Property Right. A property right which has been vested as provided herein shall remain vested for a period of three (3) years; except that the Town Council may, in their sole discretion, grant vested property rights for a longer period when warranted in light of all relevant circumstances, including but not limited to, the size and phasing of the development, economic cycles and market conditions. The vesting period shall not be extended by any amendments to a site-specific development plan unless expressly authorized by the Town Council in the ordinance approving such amendments.
H. Other Provisions Unaffected. Approval of a site-specific development plan shall not constitute an exemption or waiver of any other provisions of this Code pertaining to the development or use of property.
I. Payment of Costs. In addition to any and all other fees and charges imposed by this Code, the applicant for approval of a site-specific development plan shall pay all costs occasioned to the Town pertaining to such application, including but not limited to publication of notices, public hearing and review costs, county recording fees and review costs.
J. Limitations. Nothing in this Section is intended to create any vested property right, but only to implement the provisions of Article 68 of Title 24, C.R.S., as amended. In the event of the repeal of said Article or a judicial determination that said Article is invalid or unconstitutional, this Section shall be deemed to be repealed, and the provisions hereof no longer effective.
(Municipal Code Codification 2022)
14.01.130 Changes and Amendments.
A. Town Council May Adopt Changes. The Town Council may, on its own motion, or on petition of an interested property owner, amend, supplement, or change this Title or the Official Zoning Map. The adoption of any change to this Title or the Zoning Map shall require a four-fifths (4/5) favorable vote of the Town Council.
(Ord. 60, Art. IX, §901.1, 1983; Amended Ord. 74, §6, 1990)
B. Public Notice of Change. Before any change to this Title or Zoning Map is enacted, a public hearing shall be held; fifteen (15) days advance notice of the time and place of which shall be published in a newspaper having general circulation within the Town of Dinosaur and indicated on Town’s website.
(Ord. 60, Art. IX, §901.2, 1983)
C. Filing a Petition. A petition for a proposed amendment, supplement or change by a private property owner shall be filed with the Town Clerk. The petitioner shall supply the following information:
1. A map drawn to scale of not less than two hundred feet (200’) to the inch showing the land in question, its location, the length and direction of each boundary thereof, the location and existing use of all buildings on such land and the principal use of all properties within three hundred feet (300’) of such land.
2. The names and addresses of the owners of all properties within one hundred feet (100’) of any part of the land included in the proposed change.
(Ord. 60, Art. IX, §902.1, 1983)
D. Procedure. Before amending, supplementing, or changing this Title or the Official Zoning Map, the Town Council shall make such investigation and hold hearings as it deems appropriate, but in the case of an application for change in the Zoning Map, the Town Council shall hold at least one (1) public hearing, giving at least fifteen (15) days advance notice of the time and place of said hearing by mailing notice to all property owners within the proposed area of change and to all property owners within one hundred feet (100’) of said proposed area of change. For the purpose of this notice requirement, mailing to all affected property owners, as shown by the records of the Moffat County Assessor’s office, shall be deemed sufficient.
The Town Council may continue its hearing from date to date as it may deem necessary. Following the conclusion of its public hearing, the Town Council shall make a determination of whether or not the application for change in the Zoning Map shall be granted. When requested by any affected party, the Town shall make written findings of fact substantiating its decision. Any change to this Title or the Zoning Map shall be made by ordinance.
(Ord. 60, Art. IX, §902.2, 1983; Amended Ord. 74, §7, 1990)
14.01.140 Administration and Enforcement.
Except as otherwise provided, no land or structure, or part thereof, shall, after the effective date of this Title, be used, erected, altered, or moved unless in conformity with the provisions pertaining to the district in which it is located.
A. The provision of this Title shall be administered by the Zoning Enforcement Official and his authorized representatives.
B. The Zoning Enforcement Official and his authorized representatives are hereby empowered to conduct inspections as required by this Title. They shall possess the right to enter any premises for the purpose of making such inspections necessary to carry out their authorized duties.
C. No land or buildings, or part thereof, hereafter erected, moved, or structurally altered shall be used or occupied until the Zoning Enforcement Official or his authorized representative has issued a Certificate of Occupancy. Such certificate shall state that the land, building, or part thereof, is found to be in conformity with the provisions of this Title applicable to the district in which such land or building is located.
D. The powers of the Zoning Enforcement Official and his authorized representative to issue such permits and certificates as necessary shall also include the power to refuse issuance of these documents.
(Ord. 60, Art. I, §104.1, 1983)
14.01.150 Violations and Enforcement of Title.
A. Violations. It shall be a violation of this Title to undertake any of the following activities:
1. Activities Inconsistent with Code. Erecting, constructing, reconstructing, remodeling, altering, maintaining, expanding, moving, or using any building, structure, or sign, or to engage in development or subdivision of any land in contravention of any zoning, subdivision, sign, or other regulation of this Code, including all required approvals;
2. Land Disturbing Activities Inconsistent with Code. Excavating, grading, cutting, clearing, or undertaking any other land disturbance activity contrary to the provisions of this Code or without first obtaining all requisite land use approvals required by this Code or other applicable regulations;
3. Nonconforming Uses Inconsistent with Code. Creating, expanding, replacing; or changing a nonconforming use, structure, lot, or sign except in compliance with this Code;
4. Making Lots or Setbacks Nonconforming. Reducing or diminishing the lot area, setbacks, or open space below the minimum required by this Code;
5. Increasing Intensity of Use. Increasing the intensity of use of any land or structure, except in accordance with the procedural and substantive standards of this Code;
6. Activities Inconsistent with Permit. Engaging in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, or other form of authorization required to engage in such activity; or
7. Activities Inconsistent with Conditions of Approval. Failure to comply with any terms, conditions, or limitations placed by the Town Council upon any final development plan, subdivision plat, permit, or other form of authorization.
B. Penalty for Violations. Any person, including but not limited to the officers and agents of a corporation responsible for its actions or inaction, and the partners or members of a partnership, firm or joint venture, either as owner, lessee, occupant, or otherwise, who violates or causes the violation of any of the provisions of this Code, shall be guilty of a separate offense for each and every day or portion thereof during which a violation is committed, permitted, or continues. Any person convicted of a violation shall be subject only to the fines provided for in Section 14.01.200 of this Chapter.
C. Civil Remedies and Enforcement Powers. In addition to criminal prosecution for violations, the code enforcement officer, Town Clerk or the Town Council shall have the following civil remedies and powers to enforce this Code:
1. Notice of Violation and Corrective Action Order.
a. Non-emergency Violations. In the case of violations of this Code that do not constitute an emergency or require immediate attention, written notice of the nature of the violation and required corrective action to be taken shall be given to the property owner, agent, occupant, or to the applicant for any relevant permit. Notice shall be given in person, by certified U.S. Mail (return receipt requested) or by posting notice on the premises. The notice shall specify the Code provisions allegedly in violation, and shall state that the individual has a period of fifteen (15) days from the date of the receipt of the notice in which to correct the alleged violations before further enforcement action shall be taken. The notice shall also state any appeal and/or variance procedures available pursuant to this Code.
b. Emergency Violations. In the case of violations of this Code that constitute an emergency as a result of safety or public concern, or violations that will create increased problems or costs if not remedied immediately, the Code Enforcement Officer, Town Clerk or Town Council may use the enforcement powers available under this Chapter without prior notice, but shall attempt to give notice simultaneously with beginning enforcement action or as soon thereafter as practicable. Notice may be provided to the property owner, agent, occupant, or to the applicant for any relevant permit.
c. Extension of Time for Correction. The Town Council may grant an extension of the time to cure an alleged violation, up to a total of ninety (90) days, if the Council finds that due to the nature of the alleged violation, it reasonably appears that it cannot be corrected within fifteen (15) days.
2. Deny/Withhold Permits. The Town Clerk or Building Official may deny and withhold all permits, certificates, or other forms of authorization to use or develop any land, structure, or improvements thereon until the alleged violation related to such property, use, or development is corrected. This provision shall apply whether or not the current owner or applicant for the permit is responsible for the violation.
Where a property owner, agent, or other person has a record of an outstanding serious violation or violations of this Code, the Town Clerk, Building Official and/or Town Council shall be authorized to deny or withhold all permits, certificates of occupancy, or other forms of authorization for any use or development activity undertaken by such person until the outstanding violation is corrected. This provision shall apply whether or not the property for which the permit or other approval is sought is the property in violation.
The denial or withholding of a permit by the Town Clerk or Building Official may be appealed to the Board of Adjustment as provided in Section 14.01.190 of this Code.
3. Revocation of Permits.
a. Public Hearing Required. The Town Council may revoke any development permit, building permit or other authorization, after notice and a public hearing.
b. Notice of Public Hearing. The public hearing on the revocation of a development permit, building permit or other authorization shall be conducted during a regular or special meeting of the Town Council not less than seven (7) days, nor more than fourteen (14) days from the date the notice of the hearing is given. Notice of hearing shall be deemed given to the owner, the owner’s agent or other person to whom the development permit was issued, upon deposit of said notice in the U.S. Mail, by certified mail, return receipt requested, addressed to the last known address of said person. Additional methods of service may also be utilized to give notice of the public hearing.
c. Findings. Following the public hearing, the Town Council upon a finding of the following, may revoke any development permit, building permit or other authorization:
i. There is a departure from the approved plans, specifications, or conditions of approval; or
ii. There is a violation of any provision of the Town Land Use Regulations; or
iii. The development permit was obtained by false representation; or
iv. The development permit was issued in error.
d. Notice of Revocation. Written notice of revocation shall be served upon the owner, the owner's agent, applicant, or other person to whom the permit was issued by certified mail, return receipt requested, or such notice may be posted in a prominent location at the place of the violation. No work or construction or use of the property shall proceed after service of the revocation notice.
4. Stop Work Order.
a. Issuance of Stop Work Order. The Town Clerk, Building Official, Code Enforcement Officer or Town Council may issue a written order to stop work on any property on which there is an uncorrected violation of either a provision of Title 14 or a provision of a development permit, building permit or other form of authorization. The stop work order shall specify the provisions allegedly in violation. Service of the order shall be given in person, by certified U.S. Mail (return receipt requested) or by posting notice on the premises. After any such order has been served, no work shall proceed on any building, other structure, or tract of land covered by such order, except to correct such violation or comply with the order. The notice shall also state any appeal and/or variance procedures available pursuant to Title 14.
b. Timing/Notice. The stop work order may be issued in conjunction with a notice of violation or subsequent to such notice. The stop work order may also specify a shorter time for correction of the violation than the fifteen (15) day period specified in Section 14.01.170(C)(1)(a) above. The stop work order shall also indicate that failure to comply with the order may subject the violator to criminal liability as a penalty for the violation(s).
5. Abatement or Injunctive Relief. The Town Council, through the Town Attorney, may initiate injunction or abatement proceedings or other appropriate legal action in the District Court or other court of competent jurisdiction to abate, remove, or enjoin such violation and to recover damages, costs, and reasonable attorney’s fees incurred in the abatement and removal of such violation.
D. Remedies Cumulative. The remedies provided for violations of Title 14, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
E. Continuation of Prior Enforcement Actions. Nothing in Title 14 shall prohibit the continuation of previous enforcement actions undertaken by the Town pursuant to previous regulations.
F. Appeals of Enforcement Actions. Appeals of any order, requirement, decision, or determination made by an administrative official in the enforcement of this Chapter shall be made to the Board of Zoning Adjustment in accordance with the provisions of Section 14.01.190 of this Code.
G. Liability of Town. This Code shall not be construed to hold the Town responsible for any damages to persons or property by reason of the inspection or reinspection, or failure to inspect or reinspect, or by reason of issuing a building permit, or by reason of pursuing or failing to pursue an action for injunctive relief.
(Ord. 60, Art. I, §104.2, 1983; Amended Municipal Code Codification 2022)
14.01.160 Certificate of Occupancy.
A. Required. No vacant land shall be occupied and used, and no building hereafter erected shall be occupied or used, until a Certificate of Occupancy has been issued by the Building Inspector.
B. Issuance -- For Building Use. A Certificate of Occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit, and shall be issued within ten (10) days after the erection or alteration of such building shall have been completed in conformity with the provisions of these Regulations and the building code(s) adopted by the Town of Dinosaur.
C. Issuance -- For Land Use. A Certificate of Occupancy for the use of vacant land or the change in the use of land as herein provided shall be applied for before such land is occupied or used, and a Certificate of Occupancy shall be issued within ten (10) days after the application has been made, provided such use is in conformity with these requirements.
D. Record -- Filing Required - Fee. A Certificate of Occupancy shall state that the building or land complies with all the building and health laws and ordinances and with the provisions of this Title. A record of all Certificates shall be kept on file in the office of the Town Clerk and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for an original Certificate applied for coincident with the application of building permit. For all Certificates or copies of the original Certificate, there shall be a fee as set by Town Council by resolution.
(Municipal Code Codification 2022)
14.01.170 Building Permits.
A. Required. No site preparation or building construction for any building shall be commenced without first obtaining a building setback and zoning clearance and a building permit. The Town of Dinosaur issues the appropriate building setback and zoning clearance prior to the issuance of a building permit. Moffat County provides building inspection services for the Town of Dinosaur. Building permit applications and the appropriate Town building setback and zoning clearance are submitted to Moffat County for processing and scheduling of inspections.
B. Site Plan Required. All applications for building setback and zoning clearance and a building permit shall be accompanied by two (2) copies of a site plan drawn to scale showing the actual dimensions of the lot to be built upon, the size of the building(s) to be erected, and the location of the building on the lot with reference to the legally established property lines and such information as may be necessary to provide for the enforcement of these Regulations. For all the commercial and industrial districts, a site plan must be prepared and approved in accordance with the provisions of Section 14.06.110 of these Regulations. before building permits shall be issued. A record of such applications shall be kept in the office of the Building Inspector. Notice of approval of a building permit shall be posted on the subject property within twenty-four (24) hours of such approval.
C. Review -- Public Improvements. All applications for zoning clearance and building permits shall be reviewed and processed by the Town Administrator to determine whether or not the proposed construction will require the installation or construction of public improvements, such as street paving, curbs, gutters, sidewalks, drainage facilities or other public improvements. In making his or her determination, the Town Administrator is authorized to consult any Town staff or outside consultants the Administrator deems necessary in his or her sole discretion. In the event the applicant does not agree to the public improvements required by the Town Administrator the applicant may appeal the decision to the Town of Dinosaur Town Council. The appeal must be submitted to the Town Clerk within fifteen (15) days of the issuance of the decision by the Town Administrator. Within thirty (30) days of receipt of the appeal, the Town Council shall review the public improvements requirement and determine the public improvements that must be completed as conditions of approval of a zoning clearance as part of the issuance of the building permit.
If the Town determines that the proposed construction makes necessary any such public improvements, the Town Clerk shall so inform the Building Inspector, and in such event, a condition shall be inserted in the building permit which shall require the construction of such public improvement or public improvements by the permittee, and the dedication thereof to the Town. The cost of such improvement shall be borne by the permittee, and the construction thereof shall be at the sole cost, risk and expense of the permittee, subject to the provisions of any applicable Town ordinance, regulation or policy. All such improvements are to be constructed in full compliance with the Town of Dinosaur engineering regulations, design standards and construction specifications as may be adopted by resolution from time to time.
D. Drainage and grading plan required. Except for building permits for the construction or alteration of a single family dwelling, all applications for a building permit shall be accompanied by two (2) copies of a drainage and grading plan drawn to scale showing the actual dimensions and topography of the lot to be built upon as well as adjacent properties and other potentially affected properties, the size of the building(s) to be erected, and the location of the building on the lot with reference to the existing and proposed surface topography of the site and other potentially affected properties and other such information as may be specified by the Town Engineer. The Town Engineer may, on a case-by-case basis, waive the requirement for submittal of a drainage and grading plan if, in the Town Engineer’s opinion, the construction allowed by the building permit will not significantly alter the drainage in a manner that will affect adjacent properties, public infrastructure, or the proposed building.
(Municipal Code Codification 2022)
14.01.180 Notice, Hearing and Orders.
A. Whenever the Zoning Enforcement Official determines that there are reasonable grounds to believe that there has been a violation of any provision of this Title, the Zoning Enforcement Official shall give notice of such alleged violation to the person to whom the permit or license was issued as hereinafter provided. Such notice shall:
1. Be in writing;
2. Include a statement for the reason of its issuance;
3. Allow a reasonable time for the performance of any act it requires;
4. Be properly served upon such owner or agent as required by any law of this State and other local requirements;
5. Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Title.
B. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Title may request and shall be granted a hearing on the matter in accordance with all local regulations and acts or the applicable sections or subsections of the State statutes.
C. Upon failure to comply with any order sustaining, modifying, or withdrawing a notice, the license of the mobile home development, if applicable, affected by the order shall be revoked.
D. Whenever the Zoning Enforcement Official finds that an emergency exists which requires immediate action to protect the public health, he may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency including the suspension of the license or permit. Notwithstanding any other provisions of this Title to the contrary such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the enforcing agency shall be afforded a hearing as soon as possible. The provisions of this Section shall be applicable to such hearing.
(Ord. 60, Art. I, §105.1, 1983)
14.01.190 Board of Zoning Adjustment.
A. Organization. There is hereby created a Board of Zoning Adjustment to be known as the “Board of Zoning Adjustment of the Town of Dinosaur, Colorado”, and referred to in this Chapter as the “Board”.
1. The membership of the Board shall consist of five (5) residents of the Town of Dinosaur, appointed by the Town Council for terms of three (3) years, and thereafter until their successors shall be duly appointed. One (1) member may be a member of the Town Council. The Town Council shall appoint all replacements and successors. The Town Council itself may also serve as the Board of Adjustment. (Amended Ord. 74, §8, 1990)
2. The Board of Zoning Adjustment shall elect from its own membership a Chairman and Vice-Chairman who shall serve annual terms and may succeed themselves. The Board may make, alter, and rescind rules and regulations for its procedures.
3. The Board shall meet on call of the Chairman following legal notice given in accordance with the Town’s regulations.
(Ord. 60, Art. X, §1001.1, 1983)
B. Powers and Duties. The Board shall have the powers and duties prescribed by this Chapter, to include the following:
1. Appeals. To hear and decide on appeals from the rulings of the Zoning Enforcement Official concerning the enforcement of the provisions of this Title. Such appeals shall be in the form of a written notice filed with the Town Clerk specifying the grounds for the appeal.
2. Variances. To hear and grant applications for variances from the provisions of the Land Use Regulations governing the use of land or buildings. The Board may grant a variance provided it makes findings that all of the following requirements have been satisfied:
a. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the affected property, and that the unnecessary hardship id due to such conditions, and not the circumstances or conditions generally created by the provisions of the Town’s Land Use Regulations in the neighborhood or District in which the property is located.
b. That, because of such physical circumstances or conditions, the property cannot be physically developed in conformity with the provisions of the Town’s Land Use Regulations, and that the granting of the variance is therefore necessary to permit the reasonable use of the affected property.
c. That such unnecessary hardship has not been created by the applicant.
d. That the variance, if granted will not alter the essential character of the neighborhood or District in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property.
e. That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the Land Use Regulations in question.
(Ord. 60, Art. X, §1001.2, 1983)
C. Procedure. The Board shall conduct hearings and make decisions in accordance with the following requirements:
1. The Board shall give notice to the applicant and to such other persons or agencies as the Board may designate by rule, and to any person who has made a timely request for notice, within fifteen (15) days of the hearing, in such manner as shall be prescribed by rule. The Town Council may establish reasonable fees to be paid by the applicant.
2. The Board of Zoning Adjustment shall keep a record of the proceedings, either stenographically or by sound recording, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be available to any party at cost.
3. The Board shall render a written decision on the application within forty-five (45) days of the hearing. Decisions based on any provision of this Title, or on any rule or regulation relied on, and the reasons why the decision is deemed appropriate in light of the facts found.
4. Vote Required. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of any applicant any matter upon which it is required to pass under this Title, or to effect any variation of the Title. Every decision of such Board shall, however, be subject to review by the District Court pursuant to Rule 106 C.R.C.P. Such appeal may be taken by any person aggrieved or by an officer, department, board, or bureau of the Town.
5. The Town Council may appoint such alternate Board members as may be necessary to assure a full Board at all meetings.
(Ord. 60, Art. X, §1001.3, 1983)
A. Fine or Imprisonment. Any person, firm or corporation violating any of the provisions of this Title shall be deemed guilty of a municipal offense, and such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued, or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punishable by a fine of not more than three hundred dollars ($300.00) or a jail sentence of not more than ninety (90) days or by both such fine and imprisonment.
B. Revocation of Mobile Home or Travel Trailer Park License. When a Mobile Home or Travel Trailer Park owner or operator’s license is revoked:
1. The admittance of new residents into the park after date of revocation is prohibited.
2. If no action is taken to remedy the violation within fifteen (15) days of revocation of a Mobile Home or Travel Trailer Park License, notice will be served to vacate such park within thirty (30) days of the serving of the notice to vacate.
C. Suspension of Mobile Home or Travel Trailer Park License. When a Mobile Home or Travel Trailer Park License is suspended, the admittance of new residents into the park after the date of suspension is prohibited.
D. Additional Remedies. In case of any building or structure is erected, constructed, altered, repaired, converted, or maintained, in violation of this Title or any other ordinance, the proper Town authorities, in addition to any other remedies, may institute any appropriate action or proceeding in the District Court to prevent such unlawful erection, construction, alteration, repair, conversion, maintenance, or use.
(Ord. 60, Art. I, §106.1, 1983)
14.01.210 Severability.
If any of the provisions of these Regulations, or the application thereof to any person or circumstances, is held to be invalid, such ruling shall not affect the other provisions of these Regulations, as a whole or any other part than portion ruled invalid.
(Ord. 60, Art. I, §107.1, 1983)
14.01.220 General Interpretation.
A. For the purpose of these Land Use Regulations certain words and phrases used herein shall be defined or interpreted as follows:
1. The present tense includes the future tense;
2. Singular words include the plural;
3. The word “person” includes a corporation as well as an individual;
4. The word “lot” includes a “plot” or “parcel”;
5. The words “must,” “shall,” and “will” are mandatory; “may,” “can,” “should: and “might” are permissive.
(Ord. 60, Art. II, §201.1, 1983; Amended Municipal Code Codification 2022))
14.01.230 Definitions. For the purpose of these Land Use Regulations the following definitions shall apply:
A. Accessory Use. A use customarily associated with, but subordinate to, the principal use on the same zone lot.
B. Building. Anything constructed or erected upon the ground having a roof, and supported by columns and/or walls and intended for shelter, housing or enclosure of persons, animals or property.
C. Building Height. The vertical distance as measured from the average finished grade at the building set-back lines to the point lying one-half of the distance between the lowest and highest point on the roof.
D. Building Lines. A line parallel to the property line beyond which no exposed portion of a building may extend.
E. Building Set-Back. The minimum permitted horizontal distance between the building line and the property line.
F. Density. The number of dwelling units divided by the amount of net acreage.
G. Dwellings. A building used for residential purposes and including mobile homes, modular homes, and conventional built housing.
H. Dwelling Unit. One or more rooms in a dwelling designed for occupancy and use by one family for living purposes and having its own cooking facilities and sanitary facilities.
I. Family. One or more individuals occupying a dwelling or living as a single housekeeping unit.
J. Flood Plain. That portion of land area adjoining a river, stream or other water course which has been or may be covered temporarily by flood water.
K. Home Occupation. A use clearly incidental and secondary to the residential use of a building and operating in accordance with Section 14.04.120.
L. License. A written license issued by the Zoning Enforcement Official authorizing the operation of a Mobile Home or Travel Trailer Park within regulations.
M. Lot. A parcel of land occupied or designed to be occupied by one or more buildings, structures, or uses, arranged so as to meet all of the requirements of these regulations and with direct access to a public street.
N. Mobile Home. A structure, transportable on its own running gear, which when erected on a site, measures ten feet (10’) in width or more measured wall-to-wall, and designed to be used as a year-round dwelling, when connected to the required utilities, and includes plumbing, heating, and electrical systems therein. Each mobile home shall have been constructed in accordance with the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et. seq., issued an insignia of approval by the U.S. Department of H.U.D., or applicable International Building Codes and not be altered in violation of applicable codes.
O. Mobile Home Park. A Mobile Home Park shall consist of five (5) or more mobile homes located on a minimum acreage of two (2) acres. Each mobile home shall be set up on a lot size of 3,500 square feet or more and conform to all the general design and construction standards herein applicable to all mobile homes.
P. Modular Home. A dwelling constructed off-site that meets the design and construction standards of the International Building Codes as it may be subsequently amended.
Q. Net Acreage. The amount of land devoted to housing, open space, private roadways, and parking space.
R. Non-Conforming Use. Land or a building lawfully occupied prior to the adoption of these Regulations by a use which does not now conform with such Regulations of the district in which it is located.
S. Parking-Off-Street. The area on private property designated to accommodate a parked motor vehicle with adequate access to that space from a public street.
T. Public Building or Use. Any building open to the general use, participation or enjoyment of the public and owned by the Town, County, State, or Federal Government or any subdivision thereof or by a public utility corporation.
U. Public Utility. For the purpose of these Regulations only: an electric substation, gas regulator stations, telephone exchanges, water or sewage pumping stations or water reservoirs, and power transmission lines.
V. Suitable Footing. Any mobile home that will be situated upon a single family residential lot within the Town limits of the Town of Dinosaur shall be placed upon a suitable foundation, as defined and shown in Section 14.04.160 of this Title.
W. Travel Trailer. A portable structure, mounted on wheels and designed to be towed by a motor vehicle, and containing cooking and/or sleeping facilities to provide temporary living quarters for recreational camping or travel use.
X. Travel Trailer Park. Any areas used to park one or more travel trailers for purposes of rental space shall constitute a Travel Trailer Park. All such Travel Trailer Parks shall conform to all of the requirements of the applicable fire codes and building codes insofar as construction in said Travel Trailer Park is concerned.
Y. Use. The purpose for which any land, structure, or building is designed, maintained, or occupied.
Z. Yard. The space on the same lot as a building or structure that is unoccupied and open to the sky.
AA. Zoning Enforcement Official. Town Council of the Town of Dinosaur or its authorized representative, such as Town Administrator, Planner, or Building Inspector.
(Ord. 60, Art. II, §201.2, 1983)
- 14.02 Annexation
-
14.02.010 Purpose.
14.02.020 Statement of Policy and Review Criteria.
14.02.030 Eligibility for Annexation.
14.02.040 Procedure.
14.02.050 Post Approval Actions.
14.02.060 Public Hearing Notices.
14.02.070 Reimbursement to Town for Annexation Expenses.
14.02.080 Annexation Petition and Application Submittal Requirements.
14.02.090 Annexation Agreement.
14.02.100 Annexation Map Technical Standards.
14.02.110 Concept Plan Map Technical Standards.
14.02.010 Purpose.
The purpose of this Chapter is to establish a procedure to bring land under the jurisdiction of the Town in compliance with the Colorado Municipal Annexation Act of 1965, as amended. This Chapter, in part, provides supplemental requirements for annexation pursuant to the Colorado Municipal Annexation of 1965, and is not to be construed as altering, modifying, eliminating or replacing any requirement set forth in that Act, or any requirements set forth in other portions of the Dinosaur Municipal Code. In the event of a conflict between the Act, the provisions of this Chapter or any requirements set forth in other portions of the Dinosaur Municipal Code, it is the expressed intent of the Town Council that the more stringent provision shall control.
14.02.020 Statement of Policy and Review Criteria.
A. It shall be the general policy of the Town with respect to annexations and the consideration of annexation petitions that:
1. Annexation is a discretionary act. With the exception of an initiated petition for the annexation of an enclave, the Town Council shall exercise its sole discretion in the annexation of territory to the Town.
2. The land to be annexed and the uses proposed for the land shall conform to the goals, policies and strategies of the Town Comprehensive Plan and to the land uses depicted on the Land Use Map, as amended.
3. Certain public facilities and amenities are necessary and must be constructed as part of any territory annexed to the Town in order that the public needs may be served by such facilities. These facilities include, but not by way of limitation, arterial streets, bridges, public parks and recreation areas, school sites, fire and police station sites, and storm drainage facilities. The annexation of lands to the Town shall be shown not to create any additional cost or burden on the then-existing residents of the Town to provide such public facilities in any newly annexed area.
4. The petitioner for annexation shall be responsible for paying the Town’s full cost for processing the annexation petition, from initial discussion with Town staff before submittal of the petition, through the approval and recording of the final annexation documents.
5. Annexed areas will not divide tracts of land to prevent further annexation of adjoining parcels. (For example, leaving a “gap” or a “strip” of land between property to be annexed and the adjoining property.)
6. All subsurface (non-tributary) water rights associated with the property shall be deeded to the Town at the time of annexation.
7. The Town shall have in place an “annexation master plan” for the “three mile” area surrounding the Town. The “annexation master plan” shall be updated for each annexation or once per year, whichever is less in accordance with State law.
14.02.030 Eligibility for Annexation.
Eligibility for annexation shall be determined by conformity with the requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended and as determined by the Town Council in its sole discretion.
14.02.040 Procedure.
A. Annexation petitions shall be processed and considered as follows:
1. Step 1: Annexation Pre-Application Conference. The application process begins with a pre-application conference with the Mayor or designated Town Staff member to determine the feasibility of the annexation request. Following this informal meeting, the applicant submits a Letter of Intent requesting annexation, the Annexation Petition, the completed Annexation Application form, annexation maps and supporting documents.
2. Step 2: Annexation Petition Certification and Completion. The petition for annexation or petition for election and all other documents submitted shall be reviewed by the Town’s staff for completeness and compliance with the provisions of the Municipal Annexation Act of 1965, and the Dinosaur Municipal Code. The applicant shall be notified within a reasonable time of any deficiencies or inadequacies in the materials submitted. An incomplete submission shall not be processed, nor referred to the Town Council for a determination of substantial compliance.
3. Step 3: Annexation Petition Referral to Town Council. Upon the staff’s determination that the petition and supporting documentation are complete and in compliance with provisions of the Municipal Annexation Act of 1965, and the Dinosaur Municipal Code, the Town Clerk shall refer the petition to the Town Council as a communication.
4. Step 4: Town Council Determination of Substantial Compliance. The Town Council, without undue delay, shall take the appropriate steps to determine if the petition is in substantial compliance with the Municipal Annexation Act of 1965.
a. If the petition is found to be in substantial compliance with the Municipal Annexation Act of 1965, the Council may, by the adoption of a Resolution of Intent to Annex, set the annexation (and zoning if requested) for public hearing on a specified date, time, and place, not less than (30) thirty days nor more than (60) sixty days from the effective date of the Resolution, subject to compliance with Section 31-12-108, C.R.S.
b. If the petition is found to not be in compliance with the Municipal Annexation Act of 1965, no further action shall be taken, except that the determination shall be made by resolution adopted by the Town Council.
5. Step 5: Planning Commission Review and Recommendations. The Planning Commission, if in existence, shall consider the petition for annexation at a regular or special meeting to be held prior to the date of the public hearing before the Town Council. If zoning of the property is requested at the time of annexation, the Planning Commission shall hold a public hearing on the zoning of the property at the same meeting. Notice of the public hearing on zoning shall be given in accordance with the requirements for an amendment to the zoning map. (Section 14.01.130)
The Planning Commission, upon the conclusion of the meeting at which they consider the petition, shall by resolution recommend approval of the petition for annexation with or without modifications and/or conditions, or recommend denial. If zoning of the property is requested at the time of annexation, the Planning Commission shall by resolution recommend approval with or without modifications and/or conditions, or recommend denial of the requested zoning. They shall refer any such recommendation to the Town Council.
6. Step 6: Town Council Public Hearing and Action on the Annexation. The Town Council shall hold the public hearing on the petition for annexation, and zoning, if requested, in conjunction with the annexation, on the date and at the time set by the Resolution of Intent to Annex. The petitioners shall present evidence in support of the petition, and zoning if applicable. Town staff shall testify as to the elements required by statute to be present for annexation. Any person may appear at the hearing and present evidence on any matter related to the annexation petition as determined by the Town Council. The Town Council may continue the hearing to another date without additional notice if the volume of material to be received cannot be presented within the available time for any given session; except that no session of the hearing shall be so continued unless at least one (1) hour of testimony has been heard. All proceedings at the hearing and any continuances thereof shall be recorded, but the recorder’s notes need not be transcribed unless proceedings for judicial review are initiated as provided by Section 31-12-116, C.R.S.
At the conclusion of the public hearing, the Town Council shall adopt a resolution containing the findings of fact and conclusions, including:
a. Whether or not the requirements of Sections 31-12-104 and 105, C.R.S., and this Chapter have been met
b. Whether or not additional terms and conditions are to be imposed; and
c. Whether or not an election is required, either as result of a petition for election or the imposition of additional terms and conditions.
If the Town Council finds that the area proposed for annexation does not comply with the requirements of Sections 31-12-104 and 105, C.R.S., the annexation proceeding will be terminated.
If the Town Council finds the following:
a. The annexation is in compliance with the requirements of Sections 31-12-104 and 105, C.R.S.;
b. That an election is not required under Section 31-12-107 (2), C.R.S.;
c. The petition is found to be signed by the owners of one hundred (100) percent of the area proposed the annexed, exclusive of streets and alleys; and
d. No additional terms and conditions are to be imposed;
The Council may annex the land by ordinance without election. The ordinance annexing such area shall include a statement that the owners of one hundred (100) percent of the area petitioned for the annexation. The zoning of the property, if requested with annexation, shall be approved by separate ordinance.
If the petition is for an annexation election, or the Town Council determines that less than one hundred (100) percent of the owners have signed the petition for annexation, or the Town Council determines that additional terms and conditions should be imposed upon the area proposed be annexed, which are not agreed to voluntarily and in writing by the landowners, the Council shall make appropriate findings by Resolution and order an election to be conducted in accordance with Section 31-12-112, C.R.S.
If the annexation is approved by the eligible electors in accordance with Section 31-12-112, C.R.S., the Town Council may by ordinance annex the land. In the event the annexation is not approved by the eligible electors or the vote is tied, the annexation proceeding will be terminated.
If the Town Council, in its sole discretion, finds that the annexation is not in the best interest of the Town, it may deny the petition by resolution, stating the grounds for such denial. Only in the event of a petition for the annexation of an enclave as provided by Section 31-12-107(5), C.R.S. shall the Town be required to annex property.
14.02.050 Post Approval Actions.
A. After final passage of the annexation ordinance, the Town will file one (1) copy of the annexation map with the original of the annexation ordinance in the office of the Town Clerk. The Town will file for recording three (3) certified copies of the annexation ordinance and annexation map with the County Clerk and Recorder. The Town shall request the County Clerk to forward one (1) copy of the annexation map and ordinance to the Division of Local Government in the Colorado Department of Local Affairs and one (1) copy of the annexation map and ordinance to the Department of Revenue of the State of Colorado.
B. In the event that zoning was requested with the annexation, zoning shall be granted by ordinance and copies of the official zoning map amendment shall be recorded with the Moffat County Clerk and Recorder. In the event that zoning was not requested with annexation, the Town shall bring the area annexed under the zoning ordinance and map within ninety (90) days after the effective date of the annexation ordinance in the manner provided by Section 14.04.090 of the Town Land Use Regulations.
14.02.060 Public Hearing Notice.
A. Notice of the public hearing for annexation set by the Resolution of Intent to Annex shall be given in accordance with Section 31-12-108, C.R.S. A copy of the Resolution of Intent to Annex, or the petition(s) as filed (exclusive of signatures), together with a notice of the date and time and place set by the Town Council for the public hearing, shall be published once a week for four (4) successive weeks in a newspaper general circulation in the area proposed the annexed. The first publication of such notice shall be at least (30) thirty days prior to the date of the public hearing.
B. A copy of the published notice, together with a copy of the adopted Resolution of Intent to Annex and the petition as filed, shall be sent by certified mail, return receipt requested, to the Moffat County Board of County Commissioners and the Moffat County Attorney and any special district or school district having territory within the area to be annexed, at least (25) twenty-five days prior to the date fixed for the public hearing.
C. A copy of the published notice, together with the “Letter of Intent” provided with the application, the annexation map and the “concept plan” for the development of the property shall be sent by certified mail, return receipt requested, to the owners of real property within three hundred (300) feet of the boundaries of the proposed annexation, irrigation ditch companies whose rights-of-way traverse the property to be annexed and to the mineral estate owners and their lessees of the property to be annexed. Notice provided by the Town to the owners of the minerals estate and their lessees shall not relieve the petitioner(s) from the responsibility of providing notice as required by Section 24-65.5-101, et seq., C.R.S.
In the case of a “flagpole” annexation, the Town shall also provide notice to abutting property owners as specified in Section 31-12-105, C.R.S., as amended.
D. Petitioner’s Responsibilities - Mailing and Posting Notices, Notice to Mineral Estate Owners and Lessees.
1. The petitioner shall provide the Town with an address list containing the owners of real property within three hundred (300) feet of the property to be annexed, the mineral interest owners and lessees for the property to be annexed, the irrigation ditch companies whose rights-of-way traverse the property to be annexed and the special districts encompassing the property to be annexed. The list is to be prepared and certified by a title insurance company licensed by the State of Colorado, within the thirty (30) days prior to the date of submission of the annexation petition.
2. The petitioner shall provide a sufficient number clasp envelopes to mail notices to all special districts encompassing the property be annexed, the Board of County Commissioners and County Attorney, and referral agencies of the Town, as directed by the Town. The petitioner shall also provide a sufficient number of self-adhesive window envelopes (no return address) to mail notice to the owners of real property and mineral interest owners and lessees identified in the mailing list.
3. The petitioner shall be responsible for posting the property as provided herein, and shall meet with the Town staff to obtain completed public notice placards and the posting layout. The petitioner shall submit a signed, notarized affidavit certifying that the property was posted on the required date and in the locations as approved by the Town. The petitioner is also responsible for ensuring that the posted notices remain in place, in legible condition until the public hearing is concluded, and for removal of said posted notices after the public hearing is concluded. Notice shall be posted along the public street rights-of-way bordering the property, at least once for every six hundred (600) feet of frontage on said rights-of-way, or as otherwise approved by the Town.
4. The petitioner shall be responsible for providing notice of each public hearing (Planning Commission and/or Town Council) to the owners of the mineral estate on the property to be annexed, and to their lessees, as required by Section 24-65.5-101, et seq., C.R.S. The petitioner shall certify to the Town Clerk not less than fifteen (15) days prior to the date of the public hearing(s), the petitioner’s conformance with this notice requirement.
14.02.070 Reimbursement to Town for Annexation Expenses.
The petitioner shall reimburse the Town for its expenses in reviewing and processing the annexation petition, including, but not limited to legal publications, engineering services, attorney fees, consultant fees, reproduction of material, postage, public hearing expenses and recording documents. The Town may require a reimbursement agreement upon the submission of a petition for annexation.
14.02.080 Annexation Petition and Application Submittal Requirements.
A. The following are the submission requirements for an annexation petition. One (1) original and three (3) copies of the following forms, maps, but letters and documents are to be delivered to the Town Clerk with the fees. The documents are to be submitted in separate three-ring binders of suitable size to hold the material. Any forms or letters requiring signatures shall have one original signed and dated in blue ink. The remaining copies may be photocopies of the original. The binders shall contain a table of contents and be tabbed accordingly. Pockets are to be provided in the binder for the folded maps that are submitted.
Following staff review and notice of acceptance for referral to the Town Council, the applicant shall provide ten (10) copies of the annexation documents. Seven (7) sets shall be bound in three-ring binders as above. The remaining three (3) sets are to be three hole-punched, collated into complete application packets and bound with binder clips only.
The name or title of the proposed annexation on all documents and maps must be consistent. All letter size (8 ½" x 11") documents to be filed with the County Clerk and Recorder Office must have one (1) inch margins, or they will be rejected for filing.
B. The Annexation application shall include:
1. Letter of Intent. The applicant shall provide a letter of intent addressed to the Town Council to serve as a cover letter to the formal petition, introducing the applicant(s) to the Town Council, requesting annexation of the petitioner’s property and describing the development plans for the property, if it is annexed.
2. Annexation Application Form. The Town’s Annexation Application Form shall be completed, signed and dated.
3. Agreement for Payment of Development Review Expenses Incurred by the Town. The application shall be accompanied a signed standard form Agreement for the Payment of Development Review Expenses Incurred by the Town.
4. Petition for Annexation. The applicant shall submit a petition for annexation complying with the requirements of Section 31-12-107, C.R.S. The Town’s standard form petition shall be utilized. Any deviation from the standard form petition will require review and approval by the Town Attorney before the Town accepts the petition for processing. The applicant is to provide a word processing file of this document if it deviates from the Town’s standard form petition.
The petition shall contain the following statements:
a. An allegation that it is desirable and necessary that the area be annexed to the municipality.
b. An allegation that eligibility requirements and limitations have been met or addressed respectively.
c. An allegation that the petitioners comprise the land owners of more than fifty (50) percent of the territory included in the proposed annexation area (excluding streets and alleys).
d. A request that the annexing municipality approve the annexation.
e. If not already included, consent to the inclusion of the property into the (insert names of any applicable special districts) as appropriate.
f. A waiver of any right to election pursuant to Section 28 of Article X of the Colorado Constitution before a district can impose property tax levies and special assessments.
g. The dated signatures of petitioning landowners. Petition signatures must be signed within one hundred eighty (180) days of the date the petition is first submitted to the Town Clerk.
h. The mailing address of each signer of the petition.
i. The full legal description of land owned by each signer of the petition (if platted, by lot and block; if unplatted, by metes and bounds).
j. The affidavit of each petition circulator that each petitioner’s signature is valid.
5. Annexation Map. Four (4) paper copies of the annexation map are to be provided with the initial submittal. The annexation map shall be signed and sealed by the registered land surveyor or engineer preparing the map, or under whose supervision the annexation map was prepared. The annexation map(s) shall comply with the technical drawing requirements contained in Section 14.02.100 of this Chapter. In addition, provide one (1) small format paper copy (not less than 8½" x 11", nor more than 11" x 17"). Provide one (1) “Annexation Map Land Surveying Standards Checklist” completed by the Surveyor (attach to the “original” application packet).
6. Concept Plan Map. Four (4) paper copies of the concept plan map are to be provided with the initial submittal. The concept plan map(s) shall comply with the technical drawing requirements contained in Section 14.02.110 of this Chapter. In addition, provide one (1) small format paper copy (not less than 8½" x 11", nor more than 11" x 17").
7. Title Commitment. The applicant shall submit proof of ownership in the form of a current title commitment, issued by a title insurance company licensed by the State of Colorado, whose effective date shall be less than (30) thirty days prior to the date of submittal of the annexation petition. Ownership must match the ownership listed in the petition. If the legal description of the area to be annexed as shown on the annexation map does not match the legal description of the property owned, because of road rights-of-way or other reasons, then the title policy must certify that the property owned is wholly contained within the described area on the annexation map. If the applicant is not the owner, there shall be provided in addition to the title commitment naming the owner as the insured, a notarized affidavit by the owner stating the applicant is authorized by the owner to make application for annexation. The applicant is to provide a word processing file of the legal description contained in the title commitment.
8. Property Tax Statement. A copy of the prior year’s property tax statement for all property to be annexed.
9. Mailing List and Envelopes for County, Special Districts, Irrigation Ditch Companies, Mineral Interest Owners and Adjacent Property Owners. The Applicant is to provide a mailing address list and envelopes as required by subsection 14.02.060(D).
10. Annexation Impact Report. A draft annexation impact report conforming to Section 31-12-108.5, C.R.S., is required for areas of ten (10) or more acres. Any deviation from the Town’s standard form will require review and approval by the Town Attorney before the annexation impact report is accepted for processing by the Town. The applicant is to provide a word processing file of this document. The applicant is to provide an AutoCADÔ drawing file (release 12 or higher) of the required “existing conditions” map. An inaccurate, incomplete or poorly drawn “existing conditions” map shall be rejected.
The impact report shall contain the following information:
a. A map or maps of the municipality and adjacent territory showing the present and proposed boundaries of the municipality in the vicinity of the proposed annexation; the present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and irrigation and drainage ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and the existing and proposed land use pattern in the areas to be annexed;
b. A copy of any draft or final pre-annexation agreement, if available;
c. A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or for the municipality at the time of annexation;
d. A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed (those municipal services supplied by the Town); and
e. A statement identifying existing special districts within the area to be annexed.
11. Water Rights. The applicant shall provide a “Water Rights Report” for the property prepared by a qualified water engineer or water attorney detailing the water rights appurtenant to and severed from the property to be annexed and their historical use. The report must include both surface (tributary) and subsurface (non-tributary and not non-tributary groundwater). The applicant shall provide a signed warranty deed(s) for sufficient water rights to provide the domestic needs of property to be developed as a result of the annexation. In addition, the applicant shall provide a signed standard form warranty or quit claim deed for the transfer of all subsurface (non-tributary) water rights to the Town.
12. Zoning of Property to Be Annexed. If zoning is requested simultaneously with annexation, the petitioner must submit a completed Zoning Application form, provide a Zoning Map for the property, a zoning amendment map amending the official zoning map and pay the application and recording fees. If zoning is not requested simultaneously with annexation, the property is required by statute to be brought under the Town’s Zoning Code and Zoning Map within ninety (90) days of the completion of the annexation process.
13. Annexation Assessment Report. The application is to be accompanied by a narrative report assessing the effect of the proposed annexation upon the community and existing services and facilities. It shall detail the need for any expansion of those services and facilities to accommodate the development proposed for the property being annexed. The narratives shall be one or more paragraphs in length, and adequate to fully explain the needs, concepts and proposed solutions for each of the following:
a. An assessment of the community needs for the proposed annexation and land use;
b. The economic impact to the municipality of the proposed annexation. This is to include an analysis of short-term and long-term municipal revenues to be generated by the development, short-term and long-term municipal expenses likely to be incurred as a result of the annexation and development, and proposals to mitigate any negative impacts;
c. The impact on the existing transportation system and proposals to mitigate any negative transportation impacts upon the community (arterial and collector street improvements, intersection improvements, intersection signalization, alternative modes of transportation, etc.);
d. The impact of the proposed development on the existing storm drainage system and proposals to mitigate any negative drainage impacts upon the community (historic rainfall drainage patterns, detention and retention areas, storm sewer requirements, discharged irrigation ditches, floodways and floodplains, etc.);
e. The impact of the proposed development on the Town Marshal’s Department and proposals to mitigate any impact upon the existing police services (special security needs, additional officers required, additional equipment requirements, etc.);
f. The impact of the proposed development on the Fire Department/Protection District and proposals to mitigate any impact upon the existing fire protection services (special fire hazards, fire prevention, fire detection, emergency access, additional equipment requirements, additional manpower requirements, additional fire stations, etc.);
g. The impact of the proposed development on the Town of Dinosaur park facilities and recreation programs and proposals to mitigate any impact upon the existing facilities and programs (additional facilities, additional recreation programs, additional personnel required, etc.);
h. The impact of the proposed development on the environment of the Town and proposals to mitigate any negative impact (identify environmentally sensitive areas, endangered species, significant habitats, etc.);
i. The short-term and long-term economic development potential for the property (numbers of jobs to be created, sales and use tax generation, property tax generation, utility revenue generation, incentives to be offered, etc.);
j. The compatibility of the proposed development with the Town Comprehensive Plan and any plan amendments that may be necessary for the proposed development;
k. The compatibility of the proposed development with the Town Land Use Code and any deviations in setbacks, space requirements, and permitted uses that may be required for the proposed development; and
l. A review of existing and adjacent land uses, areas of compatibility or conflict, and possible mitigation measures that may be required for the proposed development.
14. Letters of Support. The application is to be accompanied by letters of support or comments from any special districts servicing the area to be annexed.
14.02.090 Annexation Agreement.
A draft Annexation Agreement shall be provided to the applicant by the Town not less than three (3) weeks prior to the annexation public hearing before the Town Council. This document outlines the responsibilities of the applicant and the Town regarding the provision and extension of streets and utilities, the dedication of water rights and the applicability of Town regulations. Any changes or additions to the standard form Annexation Agreement proposed by the applicant or the Town shall be addressed in the “supplemental provisions” section of the document. If a property to be annexed has multiple ownership, all of the owners must sign the Annexation Agreement. If multiple properties are combined for annexation purposes, but each will be developed separately, separate Annexation Agreements are to be signed by each owner. The final document is to be signed by the applicant and made available to the Town Clerk not less than two (2) weeks before the date of the public hearing on the annexation.
14.02.100 Annexation Map Technical Standards.
A. The annexation map shall be prepared by or under the supervision of a registered professional land surveyor licensed with the State of Colorado. The annexation map shall conform to the following drafting standards and contain the following information. It shall be a neat, clear, permanent, legible and reproducible document. Inaccurate, incomplete or poorly drawn maps shall be rejected.
1. The annexation map shall be an original drawing on 24" x 36" flat, spliceless, tapeless and creaseless sheet(s) of double matte mylar film with a uniform thickness of not less than .003 of an inch, using only permanent black ink that will adhere to drafting films, or an acceptable "fix‑line" photographic reproduction (emulsion down), or a computer generated reproduction of the original drawing. A margin line shall be drawn completely around each sheet leaving a margin at least one-half (½) inch on three sides and a margin at least two (2) inches on the left (short) side, entirely blank. Unless otherwise specified, text and numbers are to be large enough to be clearly legible at the scale drawn.
2. Paper copies of the annexation map(s) shall be blueline or black line copies of the original, folded to 12" x 9" size. The applicant shall also provide paper 11" x 17" and 8½“ x 11" reductions of the annexation map(s).
3. The annexation map shall be drafted at a scale that best conveys the detailed survey, and confines the drafting error to less than one (1) percent. Acceptable scales are 1"=50' or 1"=100' and for annexations exceeding one hundred (100) acres, 1"=200'. In special instances another scale may be approved by the Town. When an annexation requires multiple sheets, an index shall be provided that delineates the boundaries and identify each sheet number. The scale of a composite map may be different from the individual sheets, as approved by the Town. A “title sheet” containing the certifications and signature blocks shall be provided in the event that the annexation map sheet is too crowded.
4. The title shall be centered at the top of the sheet along the long dimension of each sheet shall include the name of the proposed annexation. A general legal description stating the section, township, range, 6th P.M., Town of Dinosaur, County of Moffat, State of Colorado, shall be included under the name. On the title sheet (Sheet #1), under the general legal description, include the total acreage. Annexation names may not duplicate existing annexation names.
Example:
PINE VIEW ANNEXATION
TO THE TOWN OF DINOSAUR, COLORADO
A Part of the E/2 of Section 23, Township _ North,
Range __West, _6th P.M., Town of Dinosaur, Moffat County, State of Colorado
78.05 Acres
5. There shall be a title block in the lower right‑hand corner, or along the right‑hand margin that contains the name, address and telephone number of the land owner, the developer, and the engineer or surveyor preparing the drawing, an appropriate title for the drawing, the preparation date, sheet number, the preparer’s project identification numbers, revision dates, draftsman’s initials, and the electronic drawing file name (matching the AutoCAD drawing file provided to the Town).
6. Adjacent to the title block, in the lower right-hand corner, there shall be a legend block which shall include a description of lines, points and symbols, a double-headed north arrow designated as true north and a written and graphic scale.
7. Adjacent to the right margin, or in a column to the right of the center of the title page if the page is crowded, there shall be the Town’s standard statement of ownership containing a written metes and bounds legal description of the land to be annexed (including the full width of abutting roadways not already within the Town) followed by the owner’s signature block(s) and notary block(s), one for each owner or mortgagee.
8. Immediately following the ownership certificate, there shall be the Town’s standard Surveyor’s certificate, signed, dated and sealed by a licensed surveyor or engineer.
9. Immediately following the Surveyor’s certificate, there shall be the Town’s standard certificate blocks for the Planning Commission and Town Council.
10. Immediately following the Town Council’s approval certificate, there shall be the Town’s standard recording certificate block for the Moffat County Clerk and Recorder.
11. A vicinity map that depicts the area to be annexed and the area which surrounds the proposed annexation within a two-(2) mile radius superimposed on a current USGS Topographical Map, maintaining the same scale shall be placed on the left side of annexation map, outside the boundary of the area being annexed, or on the left side of the title sheet.
12. The annexation map drawing shall contain the following:
a. Show the outline of area to be annexed with boldest line.
b. For all references, show book, page, map number, etc., and place where publicly recorded.
c. Show all recorded and apparent rights of way lines of roads both within and without the periphery of land to be annexed; these roads are those which are adjacent, adjoining, contiguous, and/or coincident with boundary. Provide all road names, right-of-way widths at each leg of an intersection, at the point of curve and point of tangent, at dead ends and at angle points; and right-of-way lines with accurate bearings and dimensions including chord lengths and bearings, central angles and radii of all curves. Whenever the centerline of a road has been established or recorded, the date and recording information shall be shown on the Annexation Map.
d. Show on the annexation map, next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town. A hatched boundary line shall be used to depict the boundary contiguous to the Town (example: ///////////).
e. Show section, quarter section, and other monument corners. Display ties to section corners and to the State grid, if available, which show dimensions of all primary boundary survey control points with complete monument and location descriptions, all parcel lines showing dimensions with lengths, bearings, and curve data, including chord lengths and bearings, basis of bearings and relation to true meridian and similar data. Only circular curves shall be used. No spirals, parabolas, etc. shall be used. All dimensions are to be shown to the nearest 0.01' or in the case of degrees, to the nearest second. An accuracy of 1:50,000 (second order) minimum for linear and angular (bearing) closure shall be required for the boundary. All internal lots, tracts, or parcels shall have a closure accuracy of 0.01'.
f. Provided a description of all monuments, both found and set, which mark the boundaries of the property and of all control monuments used in conducting the survey.
g. Show the location of each ownership tract in unplatted land, and if part or all of the area is platted, the boundaries and plat numbers of plots or of lots and blocks.
h. Show the names and locations of all abutting subdivisions. The locations of all abutting unplatted parcels and public lands shall be depicted and designated as such.
i. The ownership identity of all mineral rights shall be designated on the map.
j. Show the purpose, widths, location (with fine dashed lines) and ownership of all easements and all abutting easements, including but not limited to utility, oil and gas gathering and transmission lines and irrigation ditches (fee or prescriptive). If any easement already of record cannot be definitely located, a statement of its existence, the nature thereof and its recorded reference must appear on the title sheet. The widths of all easements and sufficient data to definitively locate the same with respect to the parcel to be annexed must be shown. All easements must be clearly labeled and identified. If an easement shown on the annexation map is of record, its recorded reference must be given.
k. All lines, names and descriptions on the annexation map which do not constitute a part of the annexation shall be depicted in dashed or screened lines. Any area enclosed by the annexation, but not a part thereof, shall be labeled “Not a Part of This Annexation.”
l. Accurately locate 100-year floodplains, all existing and proposed watercourses, retention and detention areas, wetlands, aquifer recharge areas, streams, lakes, or inlets on the affected property.
m. Show clearly the length and bearing of all lines described in the written description.
n. Show section numbers, quarter section quadrants, township and range lines, and label each.
o. Show all lines, calls, arcs, etc., described in written description.
p. Circle or place an ellipse around each location where a detail drawing will be provided, and provide designation for each detail such as “See Detail A.”
q. Show "Point of Beginning" in bold letters with an arrow.
r. Show "True Point of Beginning" with bold letters and arrow, when appropriate.
s. A map note shall indicate the total perimeter of the annexation boundary, the contiguous length to the existing Town boundary and the length representing one-sixth (1/6) of the total annexation boundary perimeter.
13. An “Annexation Map Land Surveying Standards Checklist” completed by the surveyor shall be provided.
14. An AutoCADÔ drawing file (release 12 or higher) of the annexation map(s) and title sheets and all fonts used, shall be provided on PC compatible CDs or DVDs, or by other town approved method electronic data storage. Large drawing files are to be compressed. If multiple maps are used, one drawing file must combine all the parts into one map showing the entire annexation. AutoCADÔ drawing files (release 12 or higher) of each revision to the annexation map shall be provided at the time the revision is submitted to the Town.
15. A word processing file of the legal description shall be provided by acceptable electronic transfer. Text must be in uppercase.
14.02.110 Concept Plan Map Technical Standards.
A. The concept plan map shall be prepared by or under the supervision of a qualified land planner or architect. The concept plan map shall conform to the drafting standards of the annexation map. It shall be a neat, clear, permanent, legible and reproducible document. Inaccurate, incomplete or poorly drawn maps shall be rejected.
1. Paper copies of the concept plan map(s) shall be blueline or black line copies of the original, folded to 12" x 9" size. The applicant shall also provide paper 11" x 17" and 8½ “ x 11" reductions of the concept plan map(s).
2. The concept plan map drawing shall contain the following:
a. Show the boundary of the area to be developed;
b. Provide a written legal description of the area to be developed;
c. Within the concept plan, show the general location of each proposed land use on the property and the percentage of the whole for each use. General location of land uses may be shown as irregular graphic shapes depicting the approximate size and relationship to adjacent land uses. A table shall be used to list densities and land use by type, including the area of each, the density of residential development and the maximum and minimum lot sizes, and the maximum square footage of commercial and industrial buildings and the maximum and minimum lot sizes;
d. Within the concept plan, show existing and proposed arterial and collector streets (if any) and their relationship to the principal land uses on the site;
e. Within the concept plan, show existing and proposed major utility lines or facilities and their relationship to the principal land uses on the site;
f. Within the concept plan, show contour lines at ten (10) foot intervals, except when there are significant geographical features on the land and a different interval is determined to be more appropriate; and
g. Within the concept plan, show significant natural or manmade features on the site and contiguous to the property, including but not limited to, bluffs, ponds, irrigation ditches watercourses and wetlands.
3. An AutoCADÔ drawing file (release 12 or higher) of the concept plan map(s) and title sheets and all fonts used, shall be provided on PC compatible CDs or DVDs or by other Town approved electronic data storage. Large drawing files are to be compressed. If multiple maps are used, one drawing file must combine all the parts into one map showing the entire annexation. AutoCADÔ drawing files (release 12 or higher) of each revision to the concept plan map shall be provided at the time the revision is submitted to the Town.
- 14.04 Zoning - Provisions Uses and Requirements
-
14.04.010 Establishment of Zone Districts.
14.04.020 Purpose.
14.04.030 Official Zone District Map.
14.04.040 Identification of Official Map.
14.04.050 District Boundaries.
14.04.060 Uniformity of Regulations.
14.04.070 Conflict with other Provisions.
14.04.080 Conflict with Private Covenants and Deeds.
14.04.090 Annexation and Zoning.
14.04.100 Non-Conforming Uses.
14.04.110 Special Review Uses.
14.04.120 Home Occupations.
14.04.130 Filing Fees.
Part 2
Zone District Provisions and Regulations
Sections:
14.04.140 District R-Residential Single Family.
14.04.150 District R-MF-Residential Multi-Family.
14.04.160 District RMH-Residential Mobile Homes.
14.04.170 District MHP and TTP-Mobile Home and Travel Trailer Parks.
14.04.180 District C-Commercial.
14.04.190 District LI-Light Industrial.
14.05.200 District I-Industrial.
Part 1
General Provisions
14.04.010 Establishment of Zone Districts.
In order to carry out the purposes and provisions of this Title, the Town of Dinosaur is hereby divided into the following Districts:
1. Residential District
R – Residential Single Family
R-MF – Residential Multi-family
(Amended Ord. 113, §1, 2007)
2. Mobile Homes on Individual Lots within Residential District – RMH
3. Mobile Home Parks and Travel Trailer Park Districts
R – MHP
R – TTP
4. Commercial District – C
5. Light Industrial District – LI
6. Industrial District - I
14.04.020 Purpose.
The purpose of this Zoning Code is to create a vital, cohesive, well-designed community in order to enhance the Town’s small-town character and further the citizens’ goals as identified in the Town Comprehensive Plan. These zoning regulations are designed to:
A. Encourage the most appropriate use of land through the Town and insure a logical growth of the various physical elements of the Town.
B. Regulate and restrict the location and use of buildings, structures and land for residence, business, trade, industry or other purposes.
C. Regulate and determine the size of building lots, yards and other open spaces.
D. Promote good design and arrangement of buildings or clusters of buildings and uses in residential, business and industrial development.
E. Encourage innovative, quality site planning, architecture and landscaping that reflect improvements in the technology of land development.
F. Prevent the overcrowding of land, poor quality in development, waste and inefficiency in land use, danger and congestion in travel and transportation and any other use or development that might be detrimental to the stability and livability of the Town.
G. Promote the health, safety, morals and general welfare of Town residents.
14.04.030 Official Zone District Map.
The Town of Dinosaur is hereby divided into Districts as shown on the Official Zone District Map which, together with all explanatory material thereon, is hereby adopted and incorporated herein by reference and declared to be part of this Title.
(Ord. 60, Art. V, §501.1, 1983)
14.04.040 Identification of Official Map.
The Official Zone District Map shall be located in the Town Hall and shall be identified by the signatures of the Mayor of the Town of Dinosaur, and attested by the Town Clerk, together with the date of adoption of this Title and any amendments thereto by the Town Council of the Town of Dinosaur.
(Ord. 60, Art. V, §501.2, 1983)
14.04.050 District Boundaries.
As to the boundaries of Districts shown on the Official Zoning District Map and where no legal description of the District exists, the following rules shall apply:
A. Boundaries indicated following: highways, roads, streets, water courses, or platted property lines shall be construed to following the center line thereof.
B. All interpretations of District boundaries shown on the Official Zoning District Map shall be determined by the Zoning Enforcement Officer.
(Ord. 60, Art. V, §501.3, 1983)
14.04.060 Uniformity of Regulations.
The regulations established by this Chapter within each zone shall apply uniformly to each class or kind of structure or land. Unless exceptions are specified in this Title, the following interpretations shall apply:
A. No buildings, structure, or land shall be used or occupied, and no building or structure or part thereof shall be erected, changed, constructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the zone in which it is located. Where a lot is divided by a zoning district boundary line by the current official zoning map or by subsequent amendments to the zoning map, the zoning requirements may be extended within the lot for a distance of not more than twenty-five (25) feet.
B. No building or other structure shall be erected or altered:
1. To exceed the height limitations;
2. To accommodate or house a greater number of families;
3. To occupy a greater percentage of the area;
4. To have narrower or smaller rear yards, front yards, side yards, or other open spaces.
C. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Title, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building unless specific exception therefore is stated in this Title.
D. No yard or lot existing or approved at the time of passage of this Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Code shall meet at least the minimum requirements established by this Code.
E. Any use not permitted in a zone either specifically or by interpretation by the Town Council is hereby specifically prohibited from that zone.
14.04.070 Conflict with other Provisions of Law.
Whenever the requirements of this Title are at a variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.
14.04.080 Conflict with Private Covenants or Deeds.
In case of a conflict between this Code and any private restrictions imposed by covenant or deed, the responsibility of the Town shall be limited to the enforcement of this Code. When provisions within this Code are more restrictive than those imposed by covenant or deed, or when any such private instruments are silent on matters contained within this Code, the provisions of this Code shall rule.
14.04.090 Annexation and Zoning.
All territory annexed to the Town of Dinosaur subsequent to the effective date of the Ordinance codified herein shall be zoned according to district classifications of this Title. Such classifications shall be determined through a recommendation of the Planning Commission upon referral of the proposed annexation by the Town Council to the Planning Commission. The proposed zoning shall be established in accordance with applicable State statutes.
14.04.100 Non-Conforming Uses.
Any use existing at the date of the original adoption of these Regulations may be continued, even though such use does not conform to the requirements established for the district in which it is located. These non-conforming uses may be allowed to remain provided that they (1) do not cease to operate for a period of over six (6) months, except that time necessary for estate proceedings and transfer of title will not be computed, (2) are not extended beyond existing property lines, and the set-back requirements of that zoning district are met, and (3) are not extended, enlarged or structurally altered.
(Ord. 60, Art. III, §301.1, 1983)
14.04.110 Special Review Uses.
A. Approval of Special Review Use Permit. A Special Review Use Permit may be granted for a special use in a particular Zone District as provided in Section (B) below, provided the Town Council finds as follows:
1. The proposed use is consistent with the provisions and purposes of the Land Use Regulations and a Special Review Use Permit may be granted in the particular zone district for which it is applied for under the terms of this Title;
2. The proposed use is compatible with existing and allowed uses surrounding or affected by the proposed use;
3. The proposed use will not materially endanger the public health, safety or general welfare;
4. The proposed use will be in general conformity with any land use plans, traffic circulation plans or other plans officially adopted by the Town;
5. Street improvements adequate to accommodate traffic volumes generated by the proposed use; provision of safe, convenient access to the use; and adequate parking are either in place or will be constructed in conjunction with the proposed use, as approved by the Town; and
6. Any additional conditions imposed by the Town Council are met.
In granting a Special Use permit, the Town Council shall impose such restrictions on the proposed use as it finds necessary to protect the public health, safety and welfare, including but not limited to restrictions equal to or more restrictive than requirements of the Zone District regulations regarding gross area, setbacks, coverage, and height of proposed structure; off-street parking; safety of ingress and egress; physical separation and distance from other uses or buildings; landscape buffer areas; screening fences; and any other provisions it finds necessary. A Special Review Use Permit may be limited as to duration of not less than three (3) years, location, the party entitled to the benefit thereof, and/or other specific limitations.
B. Special Review Use Permit-Additional Requirements. All Special Review Uses that attract or produce additional vehicular trips may be subject to street improvement impact fees as determined by the Town Council.
C. Application for Special Review Use.
1. Each application for a Special Review Use Permit shall be made on a form provided by the Town and signed by the applicant which clearly states the nature of the proposed use and reasons in support thereof. The application shall be accompanied by:
a. Proof of ownership of the land for which the application is made. If applicant is other than the owner, a notarized consent of the owner is required;
b. A site plan drawn to scale depicting the locations and boundaries of existing and proposed lots and structures;
c. The proper Special Review Use permit fee as set by the Town;
d. A list of names and address of owners of record of all property within two hundred fifty feet (250’); and
e. Any additional information which the Town Council determines is necessary to determine whether the proposed Special Review Use will comply with the Land Use Regulations.
2. The number of copies specified by the Town Council of the completed application, site plan and supporting materials, except proof of ownership, shall be submitted to the Town at least thirty (30) calendar days prior to the Town Council meeting at which it shall be reviewed.
D. Staff/Agency Review. The Town Council may use the services of a consulting land use planner or engineer to review the application with appropriate staff or other agencies and shall provide copies of the application and staff or agency comments to the Council members. All costs incurred by the Town for a consultant’s review of the application shall be borne by the applicant.
E. Town Council Review.
1. The Town Council shall review the application at a regular meeting within sixty (60) days of receiving a complete application, at which it shall hold a public hearing on the application. the applicant or its representative shall be present to represent the proposal. Following such public hearing, the Council shall take one of the following actions:
a. Approve the application, subject to conditions it finds necessary to protect the public health, safety and welfare or to ensure compliance with the Town’s regulations after finding that the application is in compliance with the Town’s Land Use Regulations or other applicable Town regulations; or
b. Deny the application for a Special Review Use Permit, stating the specific reasons for denial, after a finding that the application is not in compliance with the Town’s Land Use Regulations or other Town regulations; or
c. Continue the hearing with the requirement that the applicant submit changes or additional information which it finds necessary to determine whether the application complies with the Town’s Land Use Regulations or other applicable Town regulations.
F. Performance Guarantee.
1. In order to secure the construction and installation of street improvements, access improvements, parking improvements, landscape improvements, and any other improvements required by the Town as a condition of the issuance of a Special Review Use Permit, the Town may require the applicant to furnish the Town, prior to the issuance of the Special Review Use permit, with the following:
a. A disbursement agreement with escrow, a performance bond, or an irrevocable letter of credit to secure the performance and completion of such improvements in the amount equal to one hundred ten percent (110%) of the estimated cost of said facilities; or
b. Such other collateral as may be satisfactory to the Town Attorney.
2. The estimated cost of such improvements shall be a figure mutually agreed upon by the applicant and the Town Council. The purpose of such cost estimate is solely to determine the amount of security and may be revised from time to time to reflect the actual cost. No representation shall be made as to the accuracy of these estimates, and the applicant shall in any event pay the actual cost of such required improvements.
3. All improvements required to be constructed shall be warranted to be free of any defects in materials or workmanship for a period of twelve (12) months following completion and approval by the Town. If any such improvements are public improvements, they shall also be dedicated and conveyed to the Town of Dinosaur.
4. Upon the applicant’s failure to perform its obligation as required by the conditions for the issuance of the Special Review Use Permit, and in accordance with all plans, drawings, specifications and other documents submitted to the Town as approved, within the required time periods, the Town may give written notice to the permittee and the escrow agent pursuant to an escrow and disbursement agreement, the surety on a performance bond, or the issuer of an irrevocable letter of credit that the Town, as agent for the permittee, is proceeding with the task of installing the required improvements in whole or in part. Upon the assumption by the Town, the escrow agent, surety or issuer of the irrevocable letter of credit shall be authorized to disburse funds upon request from the Town, showing the proposed payee and the amount to be paid. Copies of any such request shall be sent to the permittee’s last known address. Permittee shall be given an opportunity to appear before the Town Council concerning any such assumption by the Town, within thirty (30) days after the giving of such notice by the Town.
5. The permittee shall in writing designate and irrevocably appoint the Mayor of the Town as its attorney in fact and agent for the purpose of completing all of the improvements required by the Special Review Use Permit in event of a default by permittee.
6. If any legal proceedings are commenced by the permittee concerning the Town’s assumption of the task of installing the required improvements, and if the permittee does not prevail in said legal proceedings, the surety or issuer of the letter of credit as well as the Town shall be entitled to recover the reasonable attorney’s fees and costs incurred therein from the permittee.
G. Revocation of Special Review Use Permit. Any Special Review Use Permit granted under this Section may be revoked, following public hearing, upon the determination that the owner of the property subject to the Special Review Use Permit, or the holder of the Special Review Use Permit if different from the owner, has violated one (1) or more of the conditions or requirements contained in the Special Review Use Permit. In the event the Town has reasonable cause to believe that one (1) or more of the conditions or requirements of the Special Review Use Permit has been violated, the Town shall serve the record owner of the property subject to the Special Review Use Permit and the holder of such permit if other than the owner, in person or by certified mail, return receipt requested, or by posting to the U.S. Mail on a witnessed and signed log, a notice to show cause why the Special Review Use Permit should not be revoked and any vested property rights related and hereto forfeited. Such notice shall state the date, time and place for a public hearing at which the Town Council or designated hearing officer will consider whether the Special Review Use Permit should be revoked. The notice shall also set for a concise statement of the grounds for revocation. The notice shall be served at least fifteen (15) days prior to the date of the hearing. The public hearing shall be conducted by the Town Council. Following such hearing, the Council shall issue a written decision either revoking the Special Review Use Permit or finding insufficient evidence exists to revoke the permit.
(Ord. 109, §1, 2007)
14.04.120 Home Occupations.
A. Home Occupations Allowed by Right. The following home businesses and occupations shall be permitted in a residential dwelling in any zone district subject to the standards specified in this Section:
1. Office for the conduct of a business or profession.
2. Artist or craft studio.
3. Hairstyling.
4. Light assembly.
5. Clothing alterations.
B. Home Occupations Permitted as a Conditional Use. Home businesses or occupations other than those uses specified in subsection (A) above may be permitted if approved by the Town Council as a special use, provided the use is ordinarily permitted as either a use by right or a special use in the Zone District in which the residential dwelling is located.
C. Home Occupation Standards. A home business or occupation may be placed in any zone district as a use by right or as a special use, as specified in this Section, provided the following standards are satisfied:
1. Such use is conducted entirely within a residential dwelling or accessory building on the subject property and is carried on by the inhabitants living there. No person other than family members residing in the dwelling may be engaged in the home business or occupation.
2. Such use is clearly incidental to and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof. No more than twenty-five percent (25%) of the floor area of the dwelling shall be used for the business or home occupation.
3. An accessory building located on the same property as the residence may be used in the home business or occupation provided that no more area than the equivalent of seventy-five percent (75%) of the floor area of the residence will be used for the home occupation and, further, that the accessory building can be converted to a common accessory building for residential purpose upon termination of the home business or occupation.
4. No exterior storage on the premises of material or equipment used as a part of the home business or occupation shall be permitted.
5. The home business or occupation shall not adversely affect traffic flow and parking in the neighborhood. The home business or occupation shall provide additional off-street parking adequate to accommodate all needs created by the business or occupation. At a minimum, one (1) additional parking space shall be provided on site for the home business or occupation, but more spaces may be required by the Town Council as necessary.
6. There shall be no offensive noise, vibration, smoke, fumes, dust, odor, heat or glare noticeable at or beyond the property line where the home business or occupation is located.
7. The property must maintain a non-business appearance at all times.
8. One sign may be placed on the property where the home business or occupation is located. Such sign shall not exceed three feet (3’) by five feet (5’) or a total of fifteen square feet (15 sq. ft.), and must be placed where it does not obstruct the view of traffic traveling on adjacent streets.
9. If a home business or occupation is lawfully established and a nuisance resulting from the home business or occupation is determined to exist by the Town Council after the establishment of the home business or occupation, the Town shall give the property owner sixty (60) days in which to correct the nuisance, relocate the use, or terminate use of the property for the home business or occupation.
(Ord. 60, Art. III, §302.1, 1983; Amended Ord. 93, §1, 1998)
14.04.130 Filing Fees.
A fee of twenty-five dollars ($25.00) will be required to accompany any recommendation from a property owner for amending the text or map of this Title.
(Ord. 60, Art. III, §303.1, 1983)
Part 2
Zone District Provisions and Regulations
14.04.140 District R-Residential Single Family.
A. Intent. This Residential District is intended primarily for residential dwellings and their related accessory uses. For lot size, set-backs and other dimensional and parking requirements see Section 14.07.100.
B. Permitted Uses.
1. One, two, and multi-family dwellings. (Amended Ord. 113, §2, 2007; Amended Ord. 3, §1, 2016)
2. Accessory uses.
3. Public buildings and uses.
4. Schools, parks and churches.
5. Home occupations.
6. Individual Manufactured Homes must meet the requirements in Section 14.04.160. (Amended Ord. 60, §1, 2009)
(Ord. 60, Art. IV, §401.1, 1983)
C. Use by Special Review. The following uses may be permitted by special review pursuant to Section 14.04.110 of the Land Use Regulations, as amended:
1. Travel Trailers.
(Ord. 3, §1, 2016)
14.04.150 District R-MF – Residential Multi-Family.
A. Intent. This Multi-Family Residential Zone District is intended primarily for residential dwellings and their related accessory uses. For lot size, setbacks and other dimensional and parking requirements see Section 14.07.100.
B. Permitted Uses.
1. Duplex and multi-family dwellings.
2. Accessory uses.
3. Public buildings and uses.
4. Schools, parks and churches.
5. Home occupation.
(Ord. 113, §3, 2007)
14.04.160 District RMH – (Mobile Home Subdivision) Residential Mobile Homes.
A. Intent. It is the intent to encourage the provision of low to moderate income housing in a general residential environment, by permitting the use of Mobile Homes and Manufactured housing, as defined herein, in designated Districts, subject to the requirements and procedures set forth herein.
B. Permitted Uses. Manufactured Homes for residential occupation.
C. District Regulations.
1. Mobile Home, Manufactured Homes and Modular Homes must:
a. When erected on site, measure 720 square feet or more wall-to-wall.
b. Be designed and certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et. seq., as amended.
c. Additions and alterations must meet or exceed the 2003 IRC Codes.
d. Meet requirements of Colorado State law, Section 24-32-701, C.R.S., whether it be HUD or IRC Code certified.
e. Not be altered in violation of applicable codes.
f. May not be older than fifteen (15) years at date of set.
g. Must be set upon a permanent foundation as described by the U.S. Department of Housing and Urban Development Permanent Foundations Guide for Manufactured Housing dated September 1996.
(Amended Ord. 60, §2, 2009)
2. Suitable Footings. Mobile homes shall be placed on one of the following types of footings:
a. Metal reinforced strip concrete slabs (See Picture 5 below).
b. Metal reinforced concrete slabs (See Picture 6 below).
c. Full basements-upon Zoning Enforcement Official’s approval.
3. Support Stipulations.
a. Supports must be concrete block.
b. A minimum of six (6) “metal reinforced” concrete strips or pads shall be required for each mobile home main beam. Pads or strips shall be a maximum of 8’0” on center.
c. Concrete to be 5 bag mix, 3500 psi.
[Remainder of Page left intentionally blank]
6. Concrete Requirements
Concrete Strips (Option #1)
(Picture 5)
2’ x 10’ x 8” x 4 = 2 cy 2’ x 10’ x 8” x 5 = 2.5 cy
2’ x 12’ x 8” x 4 = 2.5 cy 2’ x 12’ x 8” x 5 = 3 cy
2’ x 14’ x 8” x 4 = 3 cy 2’ x 14’ x 8” x 5 = 3.5 cy
2’ x 10’ x 8” x 6 = 3 cy 2’ x 10’ x 8” x 7 = 3.5 cy
2’ x 12’ x 8” x 6 = 3.5 cy 2’ x 10’ x 8” x 7 = 3.5 cy
2’ x 14’ x 8” x 6 = 4.5 cy 2’ x 14’ x 8” x 7 = 5.0 cy
For 6 strips For 7 strips
2’ x 10’ x 8” x 8 = 4.0 cy
2’ x 12’ x 8” x 8 = 4.75 cy
2’ x 14’ x 8” x 8 = 5.5 cy
For 8 strips
Concrete Pads (Option #2)
(Picture 6)
2’ x 2’ x 8” x 8 = 1 cy
2’ x 2’ x 8” x 10 = 1 cy
2’ x 2’ x 8” x 12 = 1.5 cy
2’ x 2’ x 8” x 14 = 1.5 cy
2’ x 2’ x 8” x 16 = 1.5 cy
2’ x 2’ x 8” x 18 = 2.0 cy
2’ x 2’ x 8” x 20 = 2.0 cy
7. Skirting. Each mobile home shall be skirted completely within forty-five (45) days of placement, with permanent, all-weather, non-combustible, rodent-proof skirting material approved by the Zoning Enforcement Official. Allowance shall be made for ventilation. An entry panel or door shall be available for access to utility connections. No galvanized metal nor corrugated fiberglass may be used for skirting. The color shall be compatible with the mobile home. All skirting will be insulated to an R-11 with a vapor barrier on inside of wall to protect bat insulation, if used. (Amended Ord. 60, §3, 2009)
8. Mobile Home Permit. Acquire a Mobile Home Permit in accordance with Section 14.09.010, Permits, License and Inspections.
9. Inspection of Mobile Homes. Acquire an inspection in accordance with Section 14.09.040.
(Ord. 60, Art. IV, §401.2, 1983)
14.04.170 District MHP and TTP – Mobile Home and Travel Trailer Parks
A. Intent. Mobile Home Park and Travel Trailer Park Districts may hereafter be established in accordance with the procedures, requirements, and limitations set forth. It is intended that such mobile home communities shall be located and designed so as to provide a desirable residential environment.
B. Permitted Uses. Mobile Homes and Mobile Home Parks and Travel Trailers and Travel Trailer Parks.
C. District Regulations.
1. Mobile Home Parks and Travel Trailer Parks must be in accordance with the Development standards in Chapter 14.08, Part 1.
2. A person must acquire a valid license in accordance with Chapter 14.09 to administer a Mobile Home Park or Travel Trailer Park.
3. Acquire an Inspection in accordance with Chapter 14.09.
4. Following are the responsibilities of the Mobile Home or Travel Trailer Park Management (The Licensee):
a. The community management of the mobile home community development shall provide adequate supervision to maintain the Community in compliance with this Standard and to keep its facilities and equipment in good repair and in a clean and sanitary condition.
b. The management shall notify the Community residents of all applicable provisions of the Standard and inform them of their duties and responsibilities under this Standard.
c. The management shall supervise the placement of each mobile home stand which includes securing its stability and installing all utility connections.
d. The management shall maintain a register containing the names of all Community residents identified by lot number and street address. Such register shall be available to any authorized person inspecting the Community.
e. The management shall notify the enforcing agency immediately of any suspected communicable or contagious disease within the Community.
5. Following are the responsibilities of the Mobile Home Park Resident:
a. The resident shall comply with all applicable requirements of this Standard and shall maintain his/her mobile home lot, its facilities and equipment in good repair and in clean sanitary condition.
b. The resident shall be responsible for proper placement of his mobile home on its mobile home stand and proper installation of all utility connections in accordance with the requirements of the Colorado Division of Housing. (Amended Ord. 60, §4, 2009)
c. Pets, if permitted, in the Community, shall not be allowed to run at large or to create any nuisance within the limits of any mobile home park.
d. Skirtings, porches, awnings and other additions shall be installed in accordance with the instructions of the management. When installed, they shall be maintained in good repair. The space immediately underneath a mobile home shall be used for storage only if permitted by the management.
e. It shall be the obligation of every resident of a mobile home community to give the management thereof or any proper enforcing agency access to any part of the mobile home lot (not including the mobile home) at reasonable times for the purpose of inspections or repairs as are necessary to effect compliance with Chapter 14.09 of this Title.
(Ord. 60, Art. IV, §401.4, 1983)
14.04.180 District C - Commercial.
A. Intent. The Commercial District is intended for all types of commercial uses including mobile home sales, restaurants, and other service establishments. No residential mobile home development or commercially zoned highway frontage property will be permitted.
B. Permitted Uses.
1. Motels
2. Restaurants and lounges
3. Service stations
4. Drive-in restaurants
5. Beauty and Barber shops
6. Other retail stores and services
7. Business and professional offices
a. Applications for placement of mobile homes for such purposes shall be reviewed by the Town Council. The renting of mobile home lots shall not be considered a commercial endeavor and therefore shall not be a conforming use for commercially zoned land.
8. Retail Marijuana Stores
9. Medical Marijuana Centers
(Ord. 60, Art. IV, §401.4, 1983; Amended Ord. 90, §2, 1996; Amended Ord. 126, §1, 2012; Amended Ord. 3, §2, 2016; Amended Ord. 1, §1, 2017)
14.04.190 District LI – Light Industrial.
A. Intent. The LI Light Industrial District is established as a District in which the principal use of land is for the fabrication, assembly and manufacture of goods and materials in conjunction with related retail and wholesale activities. It is the intention of these Regulations to encourage the development and orderly expansion of the District with such uses and in such a manner as to avoid dangerous, noxious, or unsightly land uses.
B. Permitted Uses. Within the LI Light Industrial District, a building or land shall be used only for the following purposes:
1. Wholesale distributing houses, warehouses, and mini-warehouses.
2. Facilities for the manufacture, assembly, or processing of goods and materials excluding those listed in subsection (D) of this Section.
3. Railroad trans-shipment facilities excluding those for sand, gravel or other minerals, except coal which is treated as a special use under Section 14.04.190(C)(7) below.
4. Gasoline or filling stations meeting all conditions and requirements for the Commercial District.
5. Automobile parking lots and structures, either public or private.
6. Customary accessory uses and structures to include warehouses and storage buildings when located on the same lot or abutting lot of same ownership as the main structure excluding, however, open storage.
7. Public utility distribution lines, transformer stations, transmission lines and towers, water tanks and towers, and telephone exchanges.
8. Fire and police stations.
9. Advertising signs; business signs and outdoor advertising signs not exceeding thirty-two (32) square feet in size.
10. Open sales yards for automotive sales, farm machinery sales, and equipment sales including mobile homes and travel trailers but excluding open storage of wrecked or inoperable equipment or materials.
C. Special Uses. The following uses require the review and approval of the Dinosaur Town Council:
1. Businesses engaged exclusively in the retail sale of goods to the general public.
2. Business engaged exclusively in providing services to the general public.
3. Offices-public, municipal, professional and private.
4. Restaurants, including drive-in restaurants, with or without bar.
5. Industrial, trade or vocational schools and similar uses.
6. Open yards for the storage or sale of lumber and building materials.
7. Coal loading facilities with adequate environmental controls.
D. Uses Not Permitted. In furtherance of the policy of this Title prohibiting uses and classes of uses not specifically allowed hereinabove as a permitted use or a special use, but not by way of limitation, the following uses shall not be permitted in the LI Light Industrial District:
1. Cement, lime, gypsum, rockwall, or plaster of paris manufacture.
2. Acid manufacture.
3. Explosive manufacture or storage.
4. Glue manufacture, fat rendering, distillation of bones, fertilizer manufacture.
5. Petroleum refining or bulk storage of explosive products.
6. Milling or smelting of ores.
7. Garbage, offal, or dead animal reduction or dumping.
8. Stockyards, feeding yards, or slaughter of animals.
9. Bulk storage of liquid petroleum gases and manufacture of liquid petroleum gases or petroleum products.
10. Other uses similar or like the above.
(Ord. 60, Art. IV, §401.5, 1983)
14.04.200 District I – Industrial.
A. Intent. The Industrial Zone District is intended to encourage non-polluting industrial activities designed to meet acceptable locally established standards for noise and odor impacts. (Amended Ord. 110, §2 (part), 2007; Amended Ord. 1, §2, 2017)
B. Permitted Uses.
1. Colleges and vocational schools
(Ord. 60, Art. IV, §401.6(b)(1), 1983; Amended Ord. 74, §4, 1990; Amended Ord. 110, §2 (part), 2007; Amended Ord. 1, §2(part), 2017)
2. Public buildings
(Ord. 60, Art. IV, §401.6(b)(2), 1983; Amended Ord. 74, §5, 1990; Amended Ord. 110, §2 (part), 2007; Amended Ord. 1, §2(part), 2017)
3. Medical and dental clinics
4. Hospitals or mental hospitals
5. Counseling and rehabilitation centers
6. Cemeteries
7. Golf courses and driving ranges
8. Parks, lakes, reservoirs, greenways
9. Utility service facilities (underground)
10. Hotels, motels, lodges, bed and breakfast facilities
11. General offices
12. Commercial parking
13. Swimming pools
14. Indoor recreation
15. Retail sales and service establishments
16. Self service storage facilities
17. Vehicle repair and service facilities
18. Manufacturing and production businesses
19. Warehouse and freight movement facilities
20. Wholesale businesses
21. Retail marijuana cultivation facilities
22. Retail marijuana product manufacturing facilities
23. Retail marijuana testing facilities
24. Medical marijuana cultivation facilities
C. Use by Special Review. The following uses may be permitted by special review pursuant to Section 14.04.110 of the Land Use Regulations, as amended:
1. Detention facilities
2. Funeral homes, mortuaries, crematories
3. Public safety and emergency response facilities
4. Transmission lines (above ground)
5. Utility treatment, production or service facilities
6. Shooting ranges
7. Truck stop/travel plaza/truck parking facilities
8. Impound Lots
9. Heavy equipment/pipe storage yards
10. Waste related/recycling uses
11. Sexually oriented businesses
12. Oil and gas drilling and related service facilities and storage
13. Sand or gravel extraction, processing or storage
14. All other mining extraction
15. Telecommunications facilities and towers
16. Junk yards
17. Tire recapping and storage facilities
18. Animal clinic/hospital/boarding/sales facilities
19. Manufactured building sales and service businesses
(Ord. 60, Art. IV, §401.5, 1983; Amended Ord. 110, §2, 2007; Amended Ord. 1, §2, 2017)
- 14.06 Subdivisions
-
14.06.010 General Provisions.
14.06.020 Intent.
14.06.030 Administration.
14.06.040 Types of Subdivisions.
14.06.050 Sketch Plan.
14.06.060 Preliminary Plat.
14.06.070 Final Plat.
14.06.080 Concurrent Sketch Plan/Preliminary Plat.
14.06.090 Minor Subdivision Plat
14.06.100 Plot Plan.
14.06.110 Site Plan.
14.06.120 Amendment to Recorded Plats.
14.06.130 Resubdivision.
14.06.140 Vacation of Rights-of-Way/Easement
14.06.150 Subdivision Improvements and Development Agreements.
14.06.010 General Provisions.
The provisions of this Chapter, the Subdivision Regulations, in conjunction with the Zoning Code, shall apply to any and all development of land within the municipal boundaries of the Town, unless expressly and specifically exempted or provided otherwise in these Regulations. No development shall be undertaken without prior and proper approval or authorization pursuant to the terms of these Regulations in conjunction with the Zoning Code. All development shall comply with the applicable terms, conditions, requirements, standards and procedures established in these Regulations in conjunction with the Zoning Code.
Except as herein provided, no building, structure or land shall be used and no building or structure or part thereof shall be erected, constructed, reconstructed, altered, repaired, moved or structurally altered except in conformance with the regulations herein specified for the district in which it is located, nor shall a yard, lot or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein.
These Regulations in conjunction with the Zoning Code, establish procedural and substantive rules for obtaining the necessary approval to develop land and construct buildings and structures. Development applications will be reviewed for compliance with the Town Comprehensive Plan and with adopted regulations, policies and other guidelines.
14.06.020 Intent.
A. This Chapter is designed and enacted for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the Town by:
1. Encouraging new subdivision developments to relate to the Town’s historic development pattern.
2. Promoting compact, well-defined, sustainable neighborhoods that enhance Town’s character.
3. Creating livable neighborhoods that foster a sense of community.
4. Encouraging the proper arrangement of streets in relation to existing or planned streets and ensuring streets facilitate safe, efficient and pleasant walking, biking and driving.
5. Providing a variety of lot sizes and housing types.
6. Protecting sensitive natural and historic areas and Town’s environmental quality.
7. Providing for adequate and convenient open spaces for traffic, utilities, access of fire apparatus, recreation, light and air.
8. Providing open spaces for adequate storm water management if necessary.
9. Providing protection from geologic hazards and flood prone areas.
10. Ensuring compliance with the Zoning Code, the Town Comprehensive Plan and the Community Design Principles and Development Standards.
11. Regulating such other matters as the Town Council may deem necessary in order to protect the best interest of the public.
14.06.030 Administration.
All plans of streets or highways for public use, and all plans, plats, plots and replats of land laid out in subdivision or building lots, and the streets, highways, alleys or other portions of the same intended to be dedicated to a public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall be submitted to the Town Council for review and subsequent approval, conditional approval or disapproval. No plat shall be recorded in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the Town Council. Acceptance of proposed dedications by the public shall be given by separate action of the Town Council.
14.06.040 Types of Subdivisions.
A. Major Subdivisions.
1. Definition. A major subdivision is permitted when any one or more of the following conditions exist:
a. Dedication of public right-of-way or other public tracts; or
b. The entire tract to be subdivided is greater than ten (10) acres; or
c. The resultant subdivision will produce more than ten (10) lots.
2. Major Subdivision Process. The major subdivision process is as follows (for more details refer to Sections 14.06.050 – 14.06.070):
a. Sketch Plan.
i.
Pre-Application Conference.
ii.
Planning Commission Visioning Meeting.
iii.
Application Submittal.
iv.
Staff Certifies Application is Complete.
v.
Planning Commission Review.
vi.
Town Council Action.
b. Preliminary Plat.
i.
Pre-Application Conference.
ii.
Application Submittal.
iii.
Staff Certifies Application is Complete.
iv.
Staff Refers Application to Parties of Interest.
v.
Letters of Support and Commitment to Serve.
vi.
Staff Reviews Application and Prepares Comments.
vii.
Applicant Addresses Staff Comments.
viii.
Final Staff Review and Report to Planning Commission.
ix.
Town Schedules Public Hearing and Completes Public Notification Process.
x.
Planning Commission Public Hearing and Recommendation.
xi.
Applicant Addresses to any Conditions of Approval.
xii.
Town Council Action.
c. Final Plat.
i.
Application Submittal.
ii.
Staff Certifies Application is Complete.
iii.
Staff Refers Application to Parties of Interest.
iv.
Staff Reviews Application and Prepares Comments.
v.
Applicant Addresses Staff Comments.
vi.
Final Staff Review and Report to Planning Commission.
vii.
Town Schedules Public Hearing and Completes Public Notification Process.
viii.
Planning Commission Public Hearing and Recommendation.
ix.
Applicant Addresses Planning Commission Conditions of approval.
x.
Staff Notifies Parties of Interest.
xi.
Town Schedules Public Hearing and Completes Public Notification Process.
xii.
Town Council Public Hearing and Action.
xiii.
Record Final Plat.
xiv.
Post Approval Actions.
3. Concurrent Sketch Plan/Preliminary Plat Process. Major subdivisions may also choose to submit a sketch plan and preliminary plat concurrently (for more details refer to Section 14.06.080):
a. Sketch Plan/Preliminary Plat.
i.
Pre-Application Conference.
ii.
Site Visit with Town Representative.
iii.
Planning Commission Visioning Meeting.
iv.
Application Submittal.
v.
Staff Certifies Application is Complete.
vi.
Staff Refers Application to Parties of Interest.
vii.
Letters of Support and Commitment to Serve.
viii.
Staff Reviews Application and Prepares Comments.
ix.
Applicant Addresses Staff Comments.
x.
Final Staff Review and Report to Planning Commission.
xi.
Town Schedules Public Hearing and Completes Public Notification Process.
xii.
Planning Commission Public Hearing and Recommendation.
xiii.
Applicant Responds to Conditions of Approval.
xiv.
Town Council Action.
b. Final Plat.
i.
Application Submittal.
ii.
Staff Certifies Application is Complete.
iii.
Staff Refers Application to Parties of Interest.
iv.
Staff Reviews Application and Prepares Comments.
v.
Applicant Addresses Staff Comments.
vi.
Final Staff Review and Report to Planning Commission.
vii.
Town Schedules Public Hearing and Completes Public Notification Process.
viii.
Planning Commission Public Hearing and Recommendation.
ix.
Applicant Addresses Planning Commission Conditions.
x.
Staff Notifies Parties of Interest.
xi.
Town Schedules Public Hearing and Completes Public Notification Process.
xii.
Town Council Public Hearing and Action.
xiii.
Record Final Plat.
xiv.
Post Approval Actions.
Figure 4.1 (below)
B. Minor Subdivisions.
1. Definition. A minor subdivision is permitted under the following circumstances:
Option 1:
a. The property has previously been platted within the Town;
b. There is no public right-of-way dedication;
c. The entire tract to be subdivided is ten (10) acres or less in size;
d. The resulting subdivision will produce ten (10) or fewer lots; and
e. There will be no exceptions to the Subdivision Design Standards.
Option 2:
a. The property is to be subdivided in order to split the parcel and convey a portion of it as a separate tract; and
b. There is no public right-of-way dedication.
2. Process. The minor subdivision process is as follows (for more details refer to Section 14.06.100):
a. Pre-Application Conference.
b. Application Submittal.
c. Staff Certifies Application is Complete.
d. Staff Refers Application to Parties of Interest.
e. Letters of Support and Commitment to Serve.
f. Staff Reviews Application and Prepares Comments.
g. Applicant Responds to Staff Comments.
h. Town Schedules Public Hearing and Completes Public Notification Process.
i. Planning Commission Public Hearing and Recommendation.
j. Applicant Responds to Planning Commission Conditions of Approval.
k. Town Council Action.
l. Record Minor Subdivision Plat.
14.06.050 Sketch Plan.
A. Sketch Plan Purpose. The sketch plan process is collaborative from the onset. The purpose of the sketch plan is two-fold. First, it provides the Town the opportunity to describe the community’s vision to the applicant. Second, it gives the applicant an opportunity to discuss his/her development plans, explain how the plans will further the community’s vision and obtain input and direction from the Planning Commission and Town Council early in the process. The ultimate goal of this process is to help the applicant develop a plan that fosters the community’s vision.
B. Sketch Plan Application Process.
1. Step 1: Pre-Application Conference. A pre-application conference with a representative from the Town is required before the applicant may submit a sketch plan application. The purpose of the meeting is to allow the applicant to discuss his/her ideas for developing the property and to give the Town the opportunity to communicate the Town’s vision. Topics to be discussed will include:
a. Applicant’s goals for the property.
b. Town vision and expectations.
c. Community Design Principles and Development Standards.
d. The character and quality of development the Town is seeking.
e. Town regulations and standards.
f. The application and review process.
g. Submittal requirements.
h. Schedule.
2. Step 2: Planning Commission Visioning Meeting. This is intended to be a collaborative meeting between the Planning Commission and the developer to ensure that all new development is consistent with the community’s goals and that issues are identified early in the development process. Topics that may be addressed in this meeting include:
a. How the proposed project is consistent with the Town Comprehensive Plan and the Subdivision Regulations (Chapter 14.06 of this Code).
b. The developer’s goals and vision for the project.
c. How the proposed development incorporates variety in the type, design and siting of buildings.
d. How the proposed subdivision will be connected to and integrated with surrounding natural and developed areas.
e. How the project will impact neighboring properties (i.e., water drainage, traffic circulation, environmental impacts, view corridors).
f. How the design is cost-effective and environmentally responsive to site features and constraints and how potential impacts to natural systems will be mitigated.
g. How the design capitalizes on natural and cultural assets on and around the site to build a positive and distinctive identity.
h. How the proposal promotes the efficient use of land and public streets, utilities and governmental services.
i. Applicants should bring the following items to the meeting:
i. Context/Vicinity Map – which shows the proposed development in relation to the surrounding area (see Section 14.06.050 for details).
ii. Base Map – which shows the site features (such as topography, ditches, drainageways, wildlife habitat, trees and view corridors).
iii. Images (such as photographs, sketches and/or plans) which illustrate the project intention. For example, an applicant might bring pictures of:
a) important architectural elements (such as a porch, vertical windows, mother-in-law units);
b) proposed architectural styles;
c) ideas for landscaping features such as a xeriscape garden entryway;
d) streetscape components which contribute to the project’s character;
e) a special tree on the property;
f) examples of signs that promote the development’s identity; and
g) anything else that illustrates what the developer is trying to create.
3. Step 3: Sketch Plan Application Submittal. The applicant shall submit one (1) copy of the complete sketch plan application package to the Town Clerk and shall request that the application be reviewed by the Planning Commission and Town Council. The application must be submitted a minimum of three (3) weeks prior to the Planning Commission meeting at which the application will be reviewed. The sketch plan application package shall include the following items:
a. Land Use Application Form.
b. Subdivisions - Technical Criteria Form.
c. Application Fee and Fee Agreement. A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer, Town Planner and any other expert whom the Town may wish to employ; and notice and publication expenses. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the application fee according to the fee agreement. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
d. Title Commitment. The title commitment must be current and the date must be no more than thirty (30) days from the date of sketch plan application submittal.
e. Context/Vicinity Map. The context/vicinity map shall show the proposed development in relation to the surrounding area (one and one-half [1½] mile radius around the property). The map shall be twenty-four (24) inches high by thirty-six (36) inches wide and provide the following information:
i. Title of project.
ii. North arrow, scale (not greater than 1" = 1000') and date of preparation.
iii. Boundary of proposed project.
iv. Existing (for developed land) or proposed (for vacant/agricultural land) land uses for the properties shown on the map (i.e. residential, commercial, industrial, park, etc.) -- label land use and whether it is existing or proposed.
v. Major streets (show and label street names).
vi. Existing public water and sewer lines and proposed connections.
vii. Regional open space/trail networks per the Town Comprehensive Plan.
viii. Major ditches, rivers and bodies of water.
ix. Adjacent properties identified by subdivision name or zoning district.
f. Sketch Plan. The sketch plan shall be twenty-four (24) inches high by thirty-six (36) inches wide and may be a free hand drawing in a legible medium that clearly shows:
i. Title of project.
ii. North arrow, scale (not greater than 1" = 200') and date of preparation.
iii. Vicinity map.
iv. Legal description.
v. Acreage of property.
vi. USGS topographic contours.
vii. Location and approximate acreage of proposed land uses.
viii. Existing easements and rights-of-way on or adjacent to the property
ix. Existing streets on or adjacent to the property (show and label street name).
x. Note indicating how the eight (8) percent public/semi-public dedication will be met.
xi. Table providing the following information for each proposed land use area: total acreage; proposed density or floor area ratio; proposed number of dwelling units; and approximate size of proposed residential lots.
xii. Proposed collector and arterial streets.
xiii. General locations of existing utilities on or adjacent to the property.
xiv. Graphic and/or verbal explanation of how the property will be served with utilities.
xv. Location of any proposed sewer lift stations.
xvi. Trails - show how the development will tie into any regional trails network.
xvii. Floodplain boundary with a note regarding the source of information (if a floodplain does not exist on the property, please state this on the plan).
xviii. Geologic hazard areas.
xix. Existing and proposed zoning on and around the property.
xx. Land use table - the table shall include: land uses, approximate acreage of each land use and percentage of each land use.
g. Conceptual Landscape Plan.
h. Conceptual Open Space and Ecological Characterization Plan.
i. General Development Information. Provide a written description of the existing conditions on the site and the proposed development. Include the following items in the description:
i. Design rationale - discuss how the development is connected to/integrated with surrounding area, how it responds to site features/constraints.
ii. Proposed number of residential lots or dwelling units, typical lot width and depth, price ranges of lots and dwelling units (not needed if information is shown on the sketch plan).
iii. General description of plan for drainage and storm water management.
iv. Water supply information including: the number of water taps needed; the amount of raw water that will be provided to the Town and the source of the water (if part of annexation, source of raw water).
v. Statement indicating whether or not any commercial mineral deposits are located on the site.
vi. Description of any floodplain hazards on the site (only if additional information is needed than what is shown on the sketch plan map).
vii. Show how the proposed development complies with the Town Comprehensive Plan.
j. Soils Report and Map. The report and map shall be based on USDA Soils Conservation Service information and discuss the existing conditions and any potential constraints/hazards. The report shall also address groundwater issues.
k. Geologic Report. This report is required only for areas that have the potential for subsidence. It must be prepared by either a registered professional engineer or professional geologist and the professional must have experience in mine subsidence. The report shall address:
i. Site conditions;
ii. Geologic conditions;
iii. Engineering and geologic considerations; and
iv. Limitations and any necessary additional investigations.
4. Step 4: Application Certification of Completion. Within a reasonable period of time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the Sketch Plan Technical Criteria form) to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
5. Step 5: Planning Commission Review. At the next available meeting, the Planning Commission shall review the sketch plan application and provide input regarding how well the project addresses the sketch plan review criteria. The Planning Commission will then recommend to the Town Council approval, approval with conditions or denial.
6. Step 6: Town Council Action. The Town Council shall review the sketch plan at its next available meeting, and shall approve, conditionally approve or deny the application based on how well the application addresses the sketch plan review criteria.
C. Sketch Plan Review Criteria. The Town shall use the following criteria to evaluate the applicant’s sketch plan application:
1. The land use mix within the project conforms to Town’s Zoning District Map and furthers the goals and policies of the Town Comprehensive Plan including:
a. The proposed development promotes Town’s small town, rural character;
b. Proposed residential development adds diversity to Town’s housing supply;
c. Proposed commercial development will benefit Town’s economic base;
d. Parks and open space are incorporated into the site design;
e. The proposed project protects Town’s environmental quality; and
f. The development enhances cultural, historical, educational and/or human service opportunities.
2. The sketch plan represents a functional system of land use and is consistent with the rationale and criteria set forth in this Code and the Town Comprehensive Plan.
3. The utility and transportation design is adequate, given existing and planned capacities of those systems.
4. Negative impacts on adjacent land uses have been identified and satisfactorily mitigated.
5. There is a need or desirability within the community for the applicant’s development and the development will help achieve a balance of land use and/or housing types within Town, according to Town’s goals.
14.06.060 Preliminary Plat.
A. Preliminary Plat Purpose. The purpose of the preliminary plat is to provide the Town with an overall master plan for the proposed development.
B. Preliminary Plat Application Process.
1. Step 1: Pre-Application Conference. A pre-application conference with a representative from the Town is required before the applicant may submit a preliminary plat application. Topics to be discussed will include:
a. Town regulations and standards;
b. The application and review process;
c. Submittal requirements; and
d. Schedule.
2. Step 2: Preliminary Plat Application Submittal. Upon approval or conditional approval of the sketch plan, the applicant shall submit one (1) copy of the complete preliminary plat application to the Town Clerk. The application must be submitted a minimum of sixty (60) days prior to the Planning Commission meeting at which the application will be reviewed. The application must be submitted not more than twelve (12) months after approval of the sketch plan unless otherwise approved by the Town Council. The preliminary plat application package shall include the following items:
a. Land Use Application Form.
b. Subdivisions - Technical Criteria Form (from Workbook).
c. Application Fee and Fee Agreement. A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer, Town Planner and any other expert whom the Town may wish to employ; and notice and publication expenses. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the deposit. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
d. Title Commitment. The title commitment must be current and dated no more than thirty (30) days from the date of preliminary plat application submittal.
e. Surrounding and Interested Property Ownership Report. Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners (within three hundred [300] feet of the property), mineral interest owners of record, mineral and oil and gas lessees for the property and appropriate ditch companies. The applicant shall certify that the report is complete and accurate.
f. Preliminary Plat. The preliminary plat shall be twenty-four (24) inches high by thirty-six (36) inches wide and provide the following information:
i. Title of project.
ii. North arrow, scale (not greater than 1" = 100') and date of preparation.
iii. Vicinity map.
iv. Names and addresses of owners, applicant, designers, engineers and surveyors.
v. Legal description.
vi. Total acreage of property.
vii. Existing contours at two (2) foot intervals (contours shall be based on USGS datum).
viii. Name and location of abutting subdivisions or owners of abutting property (if land is not platted).
ix. Lots, blocks, and street layout with approximate dimensions and square footage for each lot.
x. Consecutive numbering of all lots and blocks.
xi. Existing and proposed rights-of-way and easements on and adjacent to the property.
xii. Existing and proposed street names for all streets on and adjacent to the property.
xiii. Existing and proposed zoning on and adjacent to property.
xiv. Location and size of existing and proposed sewer lines, water lines and fire hydrants. (Note: Applicant must consult with the appropriate utility service providers regarding the design of all utilities through the subdivision.)
xv. Existing and proposed curb cuts on and adjacent to subject property.
xvi. Location by field survey or aerial photography of existing and proposed water courses and bodies of water such as irrigation ditches and lakes or ponds. Water courses shall include direction of flow.
xvii. Floodplain boundary with a note regarding source of information (if a floodplain does not exist on the property, please state this on the plan).
xviii. General location of existing surface improvements such as buildings, fences or other structures which will remain on the property as part of the subdivision.
xix. Location and acreage of sites, if any, to be dedicated for parks, playgrounds, schools or other public uses.
xx. Location, function, ownership and manner of maintenance of any private open space.
xxi. Land use table - the table shall include: land uses, approximate acreage of each land use, and percentage of each land use (including how twelve [12] percent public/semi-public requirement will be met).
xxii. Total number of lots.
xxiii. Number of each type of dwelling unit proposed.
g. General Development Information. Provide a written description of the existing conditions on the site and the proposed development. Include the following items:
i. Explanation of how the preliminary plat is consistent with the sketch plan, and if there are any differences, what they are and how the plan is still consistent with the community’s vision.
ii. Explanation of how the items of concern expressed by the Planning Commission and Town Council, at the time of sketch plan review, have been addressed.
iii. Explanation of how the plan is consistent with the Town Land Use Code and Town Comprehensive Plan.
h. Preliminary Grading and Drainage Plan and Report. This plan and report must be certified by a Colorado registered professional engineer, including storm drainage concepts such as locations for on-site detention or downstream structural improvements and soil erosion and sedimentation control plans and specifications. It must also discuss the impacts on and to any existing floodways and/or floodplains on and adjacent to the site as well as any FEMA applications required.
i. Master Utility Plan. This plan shall be prepared by a registered professional engineer. It is necessary that the engineer consult with the appropriate utility service providers regarding the design of all utilities through the subdivision.
j. Preliminary Landscape Plan.
k. Preliminary Open Space and Ecological Characterization Plan. Refer to Section 14.08.100 of the Town Land Use Code for the preliminary open space plan and ecological characterization requirements.
l. Traffic Study. This study must be prepared by a professional traffic engineer.
m. Draft of Proposed Covenants and Architectural Design Guidelines.
n. Mineral, Oil and Gas Rights Documentation. Evidence that the surface owner has contacted all lessees of mineral, oil and gas rights associated with the site and is working towards resolution. Included in the evidence must be the name of the current contact person, their phone number, and mailing address.
o. Soils Report and Map. A copy of the soils report and map provided at the time of sketch plan must be provided to some of the review agencies.
p. Geologic Report. If a geologic report was prepared at the time of sketch plan must be provided to some of the review agencies.
q. Colorado Historical Society Records Search. At the discretion of the Town Staff or Town Council, an applicant may be required to provide the Town with a Colorado Historical Society records listing historically or archaeologically significant findings on the property being subdivided. If a listing shows a significant finding, a site-specific historic survey is required. The survey shall provide the following information:
i. Site identification:
a) State site number;
b) Site address;
c) Site location/access’
d) Type and description of finding (what is historic); and
e) Owner’s name and address.
ii. Eligibility assessment for historic designation.
iii. Statement of significance.
iv. Management and administrative data:
a) References;
b) Photographs of site;
c) Maps of the site;
d) Name, address, phone number and qualifications of person completing survey; and
e) Date of completion of survey.
If, in coordination with the applicant, the Town Council decides to protect an historic resource, a protection plan must be devised.
r. Public Hearing Notification Envelopes. Provide the Town Clerk with one (1) set of stamped, addressed, certified (return receipt requested) envelopes. The envelopes shall have the Town’s address as the mailing address and return address and the envelopes shall be addressed to the surrounding property owners (within three hundred [300] feet of the property), mineral interest owners of record, mineral and oil and gas lessees for the property, and the appropriate referral agencies (as discussed in pre-application conference).
3. Step 3: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the Preliminary Plat Technical Criteria form) to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
4. Step 4: Refer Application to Parties of Interest. Not less than forty-five (45) days before the date scheduled for the initial public hearing, Staff shall send information about the application by certified mail to: adjacent municipalities, Moffat County, surrounding property owners within three hundred (300) feet, mineral interest owners of record, mineral and oil and gas lessees for the property, and other parties of interest. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property, and the applicant’s name.
5. Step 5: Letters of Support and Commitment to Serve. Within thirty (30) days from the date the application is deemed complete, the applicant shall provide the Town with letters of support and commitment to serve from all agencies identified at the pre-application conference.
6. Step 6: Staff Reviews Application and Prepares Comments. Staff will complete a review of the preliminary plat based on the preliminary plat review criteria and referral comments received. Staff will then prepare a report identifying issues of concern for the applicant to address and forward this report to the applicant.
7. Step 7: Applicant Addresses Staff Comments. The applicant shall submit the following to the Town Clerk:
a. Letter explaining how all of the comments have been addressed; and
b. Revised maps and other documents (if any).
8. Step 8: Final Staff Review and Report to Planning Commission. Staff will complete a final review of the resubmitted materials and then prepare a report to the Planning Commission explaining how the application is or is not consistent with the preliminary plat review criteria.
9. Step 9: Schedule Preliminary Plat Public Hearing and Complete Public Notification Process. The Planning Commission shall schedule a public hearing for the purpose of taking action on the preliminary plat. The Town Clerk shall publish notice in a newspaper of general circulation. The hearing may be held no less than thirty (30) days from the date of advertising.
10. Step 10: Planning Commission Public Hearing and Recommendation. The Planning Commission shall hold a public hearing to review the application based on the preliminary plat review criteria. The Planning Commission shall then make a recommendation to the Town Council to approve, conditionally approve, or deny the application.
11. Step 11: Applicant Addresses Planning Commission Conditions. The applicant shall revise the preliminary plat based on the Planning Commission’s conditions of approval and submit it to the Town.
12. Step 12: Town Council Action. The preliminary plat shall be presented to the Town Council for its review and action. The Town Council may approve, conditionally approve or deny the preliminary plat based on the preliminary plat review criteria. Approval and conditional approval of a preliminary plat shall be effective for one (1) year unless otherwise approved by the Town Council. If the plat is denied, the request or one that is substantially similar may not be heard by the Planning Commission for a period of one (1) year from the date of denial unless otherwise approved by the Planning Commission. If a final plat is not submitted within said time limit or an extension has not been granted, a preliminary plat must again be submitted before action may be taken on a final plat.
C. Preliminary Plat Review Criteria. The Town shall use the following criteria to evaluate the applicant’s request:
1. The preliminary plat represents a functional system of land use and is consistent with the rationale and criteria set forth in this Code and the Town Comprehensive Plan.
2. The application is consistent with the approved sketch plan and incorporates the Planning Commission’s recommendations and conditions of approval.
3. The land use mix within the project conforms to Town’s Zoning District Map and furthers the goals and policies of the Town Comprehensive Plan including:
a. The proposed development promotes the Town’s small town, rural character;
b. Proposed residential development adds diversity to Town’s housing supply;
c. Proposed commercial development will benefit Town’s economic base;
d. Parks and open space are incorporated into the site design;
e. The proposed project protects Town’s environmental quality; and
f. The development enhances cultural, historical, educational and/or human service opportunities.
4. The utility and transportation design is adequate, given existing and planned capacities of those systems.
5. Negative impacts on adjacent land uses have been identified and satisfactorily mitigated.
6. There is a need or desirability within the community for the applicant’s development and the development will help achieve a balance of land use and/or housing types within Town, according to Town’s goals.
14.06.070 Final Plat.
A. Final Plat Purpose. The purpose of the final plat is to complete the subdivision of land consistent with the technical standards.
B. Final Plat Application Process.
1. Step 1: Final Plat Application Submittal. The final plat application shall conform with the preliminary plat as approved at the public hearing and shall address all conditions of approval required by the Town Council. The final plat application for the first phase of development must be submitted not more than twelve (12) months after approval of the preliminary plat unless otherwise approved by the Town Council. In addition, the application must be submitted a minimum of sixty (60) days prior to the Town Council meeting at which the application will be reviewed. The applicant shall submit one (1) copy of the complete final plat application package to the Town Clerk and shall request that the application be reviewed by the Planning Commission and Town Council. The final plat application shall include:
a. Land Use Application Form.
b. Application Fee and Fee Agreement. A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer and any other expert whom the Town may wish to employ; notice and publication expenses; and recording fees. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the deposit. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
c. Title Commitment. The title commitment must be current and dated no more than thirty (30) days from the date of final plat application submittal.
d. Surrounding and Interested Property Ownership Report. Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners (within three hundred [300] feet of the property), mineral interest owners of record, mineral and oil and gas lessees for the property and appropriate ditch companies. The applicant shall certify that the report is complete and accurate.
e. Final Plat. The final plat drawing shall comply with the following standards:
i. The plat shall be prepared by or under the direct supervision of a registered land surveyor and meet applicable State of Colorado requirements.
ii. Parcels not contiguous shall not be included in one (1) plat, nor shall more than one (1) plat be made on the same sheet. Contiguous parcels owned by different parties may be included on one (1) plat, provided that all owners join in the dedication and acknowledgment.
iii. Lengths shall be shown to the nearest hundredth of a foot and bearings shall be shown in degrees, minutes and seconds.
iv. The perimeter survey description of proposed subdivision shall include at least one (1) tie to an existing section monument of record and a description of monuments. The survey shown shall not have an error greater than one (1) part in ten thousand (10,000).
v. Bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside, with the lot dimensions.
vi. All signatures shall be made in black drawing ink.
vii. The final plat shall be twenty‑four (24) inches high by thirty‑six (36) inches wide and shall provide the following information:
a) Title of project.
b) North arrow, scale (not greater than 1"=100') and date of preparation.
c) Vicinity map.
d) Legal description.
e) Basis for establishing bearing.
f) Names and addresses of owners, applicant, designers, engineers and surveyors.
g) Total acreage of subdivision.
h) Bearings, distances, chords, radii, central angles and tangent links for the perimeter and all lots, blocks, rights-of-way and easements.
i) Lot and block numbers, numbered in consecutive order, and square footage of each lot or tract.
j) Excepted parcels from inclusion noted as “not included in this subdivision” and the boundary completely indicated by bearings and distances.
k) Existing and proposed rights-of-way in and adjacent to subject property (labeled and dimensioned).
l) Existing and proposed street names for all streets on and adjacent to the property.
m) Existing and proposed easements and their type in and adjacent to subject property (labeled and dimensioned).
n) Location and description of monuments.
o) Floodplain boundary with a note regarding source of information (if a floodplain does not exist on the property, please state this on the plat).
p) Signature block for certification of approval by the Planning Commission with a signature for the Planning Commission Chair.
q) Signature block for registered land surveyor certifying to accuracy of boundary survey and plat.
r) Signature block for certification of approval by the Town Council with a signature for the Mayor and Town Clerk.
s) Signature blocks for utility providers.
t) Certification of ownership and dedication of streets, rights-of-way, easements and public sites.
g. General Development Information. Provide a written description confirming that the final plat conforms with the preliminary plat. In addition, the description shall address how the proposed development conforms with the Development Standards.
h. Complete Engineering Plans and Specifications.
i. Construction Plans and Profiles. The Plans and Profiles shall be prepared by a registered professional engineer licensed in the State of Colorado, shall be twenty‑four (24) inches high by thirty‑six (36) inches wide and provide the following information:
a) The horizontal to vertical scales shall be chosen to best depict the aspects of the design.
b) Minimum horizontal scale: 1"=100'.
c) Minimum vertical scale: 1"=10'.
d) The typical road geometric and structural cross‑section is to be shown on each plan sheet.
e) The plan must show right‑of‑way lines and widths, road names, lot lines, tangent lengths and bearings, curve radii, delta angles, curve lengths, chord lengths and bearings, stationing at all beginning of curves and end of curves, intersections, structures, angles, curb lines, cross pans, traffic control devices (islands, striping, signs, etc.), drive cuts, curb returns and radii, and all other features to enable construction in accordance with approved standards and standard engineering practice. Construction plans shall also include water, sewer, sanitary sewer and any other utilities such as irrigation ditches. (Note: The developer/owner is responsible for coordinating with the appropriate dry utility companies (i.e. gas, electric, telephone, cable).
f) The profiles shall include ground lines, grade lines of curb and gutter or centerline of street elevation at point of intersection of vertical curves, intersections and other critical points, structures, and all other features required to enable construction in accordance with approved standards.
ii. Structure Details. Sufficient data shall be given to construction of major structures and road appurtenances such as bridges, culverts, gutters, drives, walks, cross pans, etc.; detail shall include orientation line and grade, cross-sections, dimensions, reinforcement schedules, materials, quality specification, etc.
iii. Sewage Collection and Water Supply Distribution Plans, Profiles and Specifications. The plans, profiles and specifications shall be prepared by a registered professional engineer.
iv. Final Drainage Plans and Reports. Based upon the approved preliminary drainage plan, a final report is to be submitted in accordance with applicable storm drainage design criteria as determined at the initial pre-application conference. The plan and report must provide:
a) Cross-sections of each water carrier showing high water elevations for one hundred (100) year run‑off and adjacent features that may be affected thereby.
b) Written approvals, as may be required, from other agencies or parties that may be affected by the drainage proposals (i.e., FEMA, County, ditch companies).
c) Supporting calculations for run‑offs, times of concentration, flow capacity with all assumptions clearly stated with proper jurisdiction when needed or requested.
d) Erosion control plans, when required, to be submitted as a result of preliminary plan review.
v. Final Grading Plan. The final grading plan shall be twenty‑four (24) inches high by thirty‑six (36) inches wide and illustrate existing and proposed contours and lot and block grading details (per FHA requirements if FHA insured).
vi. Soils Reports. The soils reports shall detail special foundation requirements (shall be submitted after overlot grading is complete) and pavement design (may be submitted prior to building permit).
vii. Final Street Lighting Plan. A final street lighting plan shall be prepared in conjunction with electric utility and the Town. The plan must specify the number, kind and approximate location of street lights.
i. Final Landscape Plan.
j. Final Open Space and Ecological Characterization.
k. Special Documents (as Needed)
i. Special improvement district documents (if any).
ii. Maintenance bonds.
iii. Special agreements (as may be required by the Town).
iv. Work in Right-of-Way Permit (from Town).
v. Floodplain Use Permit (from Town).
vi. Grading Permit (from Town).
vii. State Highway Utility Permit (from Colorado Department of Transportation).
viii. State Highway Access Permit (from Colorado Department of Transportation).
ix. Construction Dewatering Permit (from Colorado Department of Public Health and Environment).
x. 404 Permit (from Army Corps of Engineers).
xi. Air Pollution Emission Notice (APEN) (from Colorado Department of Public Health and Environment).
xii. Work in Ditch Right-of-Way Permit (from individual ditch companies).
xiii. Rare Species Occurrence Survey (from U.S. Fish and Wildlife Service).
xiv. Development Agreement for Public Improvements - This agreement assures construction of the required improvements. This document shall be signed by the developer and the Town, the signatures shall be notarized, and the document shall be recorded by the Town Clerk with the Moffat County Clerk and Recorder.
xv. General Warranty Deed - This deed conveys to the Town all public lands other than streets shown on the plat or, in lieu of a deed, a check in an amount to be determined by the Town. Such public lands may also be dedicated to the Town on the final plat.
xvi. Improvements Guarantee - Cash, certified check, or a letter of credit from a bank in Colorado or other acceptable collateral in the amount stipulated to in the Development Agreement for Public Improvements or other agreements or contracts, posted in favor of the Town in an amount sufficient to assure construction of public improvements for either part or all of the plat, as the Town Council shall determine.
xvii. Approved Adjudication of Water Rights and a Plan of Augmentation (if applicable).
xviii. Protective Covenants, Homeowners Association (HOA) Documents, Articles of Incorporation for HOA, and Architectural Design Guidelines finalized and in a form for recording. If there are open space areas to remain in private ownership within the subdivision, the HOA documents must have in place a mechanism which will assure maintenance will be funded in perpetuity.
xix. FEMA approved applications (i.e., Conditional Letter of Map Revisions [CLOMR] or Letter of Map Revisions [LOMR]).
xx. Documentation showing who will own and maintain the open space.
xxi. Documentation for dedication of public sites for open space or other civic purposes.
l. “Clean” Final Plat for Addressing.
i. Title of project.
ii. North arrow, scale (not greater than 1"=100') and date of preparation.
iii. Vicinity map.
iv. Lot and block numbers, numbered in consecutive order.
v. Rights-of-way and street names.
vi. Property boundary.
m. Public Hearing Notification Envelopes. Provide the Town Clerk with two (2) sets of stamped, addressed, certified (return receipt requested) envelopes. The envelopes shall have the Town’s address as the mailing address and return address and the envelopes shall be addressed to the surrounding property owners (within three hundred [300] feet of the property), mineral interest owners of record, mineral and oil and gas lessees for the property, and the appropriate referral agencies (as discussed in pre-application conference).
2. Step 2: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
3. Step 3: Refer Application to Parties of Interest. Not less than forty-five (45) days before the date scheduled for the initial Planning Commission public hearing, Staff shall send information about the application by certified mail to: Moffat County, surrounding property owners within three hundred (300) feet, mineral interest owners of record, mineral and oil and gas lessees for the property, and other parties of interest. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property, and the applicant’s name.
4. Step 4: Staff Reviews Application and Prepares Comments. Staff will complete a technical review of the final plat based on the Town’s final plat review criteria and referral comments received. Staff will then prepare a report identifying any issues of concern that the applicant will need to address and forward this report to the applicant.
5. Step 5: Applicant Addresses Staff Comments. The applicant shall address all of the Staff comments then submit the following to the Town Clerk:
a. Letter explaining how all of the comments have been addressed; and
b. Revised maps and other documents.
6. Step 6: Final Staff Review and Report to Planning Commission. Staff will complete a final review of the resubmitted materials and then prepare a report to the Planning Commission explaining how the application is or is not consistent with the final plat review criteria.
7. Step 7: Schedule Final Plat Public Hearing and Complete Public Notification Process. The Planning Commission shall schedule a public hearing for the purpose of taking action on the final plat. The Town Clerk shall publish notice in a newspaper of general circulation. The hearing may be held no less than thirty (30) days from the date of advertising.
8. Step 8: Planning Commission Public Hearing and Recommendation. The Planning Commission shall hold a public hearing to review the final plat based on the Town’s final plat review criteria. They shall then make a recommendation to the Town Council to approve, conditionally approve, or deny the final plat application.
9. Step 9: Applicant Addresses Planning Commission Conditions. The applicant shall revise the final plat based on Planning Commission’s conditions of approval and submit it to the Town.
10. Step 10: Notify Parties of Interest. Not less than thirty (30) days before the date scheduled for the initial Town Council public hearing, Staff shall notify: surrounding property owners within three hundred (300) feet, mineral interest owners of record, mineral and oil and gas lessees for the property, and other parties of interest. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property, and the applicant’s name.
11. Step 11: Schedule Final Plat Public Hearing and Complete Public Notification Process. The Town Council shall schedule a public hearing for the purpose of taking action on the final plat. The Town Clerk shall publish notice in a newspaper of general circulation. The hearing may be held no less than thirty (30) days from the date of advertising.
12. Step 12: Town Council Public Hearing and Action. The finalized final plat shall be presented to the Town Council for its review and action at a public hearing. The Town Council shall review the final plat based on the final plat review criteria. If approved, the Town Council shall adopt the plat by ordinance and the Town Clerk shall request two (2) original mylars of the final plat ready for the Mayor and Clerk to sign and then record. The Town will provide the finalized Development Agreement for Public Improvements for the applicant to sign.
13. Step 13: Record Final Plat. Two (2) original mylars of the final plat shall be recorded by the Town Clerk in the office of the Moffat County Clerk and Recorder. The recording fee shall be paid by the developer.
14. Step 14: Post Approval Actions. The applicant shall submit the following documentation to the Town Clerk:
a. List of Contractors. List of all contractors that will be performing the improvements.
b. Proof of Insurance. Proof of worker’s comprehensive insurance and liability insurance for each contractor.
c. Open Space Deed Restriction. Areas designated as open space shall be protected by a deed restriction or other appropriate method to ensure that they cannot be subdivided or developed in the future and will remain as open space in perpetuity.
d. Other Certificates, Affidavits, Enforcements or Deductions. As required by the Planning Commission or Town Council.
C. Final Plat Review Criteria. The Town shall use the following criteria to evaluate the applicant’s request:
1. The final plat conforms with the approved preliminary plat and incorporates recommended changes, modifications and conditions attached to the approval of the preliminary plat unless otherwise approved by the Town Council.
2. All applicable technical standards have been met.
14.06.080 Concurrent Sketch Plan/Preliminary Plat.
A. Concurrent Sketch Plan/Preliminary Plat Purpose. The purpose of the concurrent sketch plan/preliminary plat is to provide the Town with an overall master plan for the proposed development in one step.
B. Concurrent Sketch Plan/Preliminary Plat Application Process.
1. Step 1: Pre-Application Conference. A pre-application conference with a representative from the Town is required before the applicant may submit a concurrent sketch plan/preliminary plat application. The purpose of the meeting is to allow the applicant to discuss his/her ideas for developing the property and to give the Town the opportunity to communicate the Town’s vision. Topics to be discussed will include:
a. The applicant’s goals for the property.
b. Town’s vision and expectations.
c. Community Design Principles and Development Standards.
d. The character and quality of development the Town is seeking.
e. Town regulations and standards.
f. The application and review process.
g. Submittal requirements.
h. Schedule.
2. Step 2: Site Visit with Town Representative. At the pre-application conference, the applicant will have an opportunity to schedule a site visit with a Town representative. This will give the applicant and the Town the opportunity to visit the site together to recognize and discuss the site’s opportunities and constraints.
3. Step 3: Planning Commission Visioning Meeting. This is intended to be a collaborative meeting between the Planning Commission and the developer to ensure that all new development is consistent with the community’s goals and that issues are identified early in the development process. Topics that may be addressed in this meeting include:
a. The developer’s goals and vision for the project.
b. How the proposed project is consistent with the Community Design Principles and Development and Subdivision Regulations sections of this Code and the Town Comprehensive Plan.
c. How the proposed development incorporates variety in the type, design and siting of buildings.
d. How the proposed subdivision will be connected to and integrated with surrounding natural and developed areas.
e. How the project will impact neighboring properties (i.e. water drainage, traffic circulation, environmental impacts, view corridors).
f. How the design is cost-effective and environmentally responsive to site features and constraints and how potential impacts to natural systems will be mitigated.
g. How the design capitalizes on natural and cultural assets on and around the site to build a positive and distinctive identity.
h. How the proposal promotes the efficient use of land and public streets, utilities and governmental services.
i. Applicants should bring the following items to the meeting:
i. Context/Vicinity Map – which shows the proposed development in relation to the surrounding area.
ii. Base Map – which shows the site features (such as topography, ditches, drainageways, wildlife habitat, trees and view corridors).
iii. Images (such as photographs, sketches and/or plans) which illustrate the project intention. For example, an applicant might bring pictures of:
a) important architectural elements (such as a porch, vertical windows, mother-in-law units);
b) proposed architectural styles;
c) ideas for landscaping features such as a xeriscape garden entryway;
d) streetscape components which contribute to the project’s character;
e) examples of signs that promote the development’s identity; and
f) anything else that illustrates what the developer is trying to create.
4. Step 4: Concurrent Sketch Plan/Preliminary Plat Application Submittal. The applicant shall submit one (1) complete copy of the sketch plan/preliminary plat application to the Town Clerk and shall request that the application be reviewed by the Planning Commission and Town Council. The application must be submitted a minimum of sixty (60) days prior to the Planning Commission meeting at which the application will be reviewed. The sketch plan/preliminary plat application package shall include the following items:
a. Land Use Application Form.
b. Subdivisions.
c. Application Fee and Fee Agreement. A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer, Town Planner and any other expert whom the Town may wish to employ; and notice and publication expenses. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the deposit. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
d. Title Commitment. The title commitment must be current and dated no more than thirty (30) days from the date of sketch plan/preliminary plat application submittal.
e. Surrounding and Interested Property Ownership Report. Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners (within three hundred [300] feet of the property), mineral interest owners of record, mineral and oil and gas lessees for the property and appropriate ditch companies. The applicant shall certify that the report is complete and accurate.
f. Context/Vicinity Map. The context/vicinity map shall show the proposed development in relation to the surrounding area (one and one-half [1½] mile radius around the property). The map shall be twenty-four (24) inches high by thirty-six (36) inches wide and provide the following information:
i. Title of project.
ii. North arrow, scale (not greater than 1" = 1000') and date of preparation.
iii. Boundary of proposed project.
iv. Existing (for developed land) or proposed (for vacant/agricultural land) land uses for the properties shown on the map (i.e. residential, commercial, industrial, park, etc.) - label land use and whether it is existing or proposed.
v. Major streets (show and label street names).
vi. Existing public water and sewer lines and proposed connections.
vii. Major ditches, rivers and bodies of water.
viii. Adjacent properties identified by subdivision name or zoning district.
g. Sketch Plan/Preliminary Plat. The sketch plan/preliminary plat shall be twenty-four (24) inches high by thirty-six (36) inches wide and provide the following information:
i. Title of project.
ii. North arrow, scale (not greater than 1" = 100') and date of preparation.
iii. Vicinity map.
iv. Names and addresses of owners, applicant, designers, engineers and surveyors.
v. Legal description.
vi. Total acreage of property.
vii. Existing contours at two (2) foot intervals (contours shall be based on USGS datum).
viii. Name and location of abutting subdivisions or owners of abutting property (if land is not platted).
ix. Lots, blocks, and street layout with approximate dimensions and square footage for each lot.
x. Consecutive numbering of all lots and blocks.
xi. Existing and proposed rights-of-way and easements on and adjacent to the property.
xii. Existing and proposed street names for all streets on and adjacent to the property.
xiii. Existing and proposed zoning on and adjacent to property.
xiv. Location and size of existing and proposed water and sewer lines and fire hydrants. (Note: Applicant must consult with the appropriate utility service providers regarding the design of all utilities through the subdivision.)
xv. Existing and proposed curb cuts on and adjacent to subject property.
xvi. Location by field survey or aerial photography of existing and proposed water courses and bodies of water such as irrigation ditches and lakes. Water courses shall include direction of flow.
xvii. Floodplain boundary with a note regarding source of information (if a floodplain does not exist on the property, please state this on the plan).
xviii. General location of existing surface improvements such as buildings, fences or other structures which will remain on the property as part of the subdivision.
xix. Location and acreage of sites, if any, to be dedicated for parks, playgrounds, schools or other public uses.
xx. Location, function, ownership and manner of maintenance of any private open space.
xxi. Land use table - the table shall include: land uses; approximate acreage of each land use; and percentage of each land use.
xxii. Total number of lots.
xxiii. Number of each type of dwelling unit proposed.
h. General Development Information. Provide a written description of the existing conditions on the site and the proposed development. Include the following items in the description:
i. Design rationale (discuss how development is connected to/integrated with surrounding area, how it responds to site features/constraints and how it is consistent with the Town’s Comprehensive Plan;
ii. Price ranges of lots and dwelling units;
iii. Water supply information including: the number of water taps needed; the amount of raw water that will be turned over to the Town;
iv. Statement indicating whether or not any commercial mineral deposits are located on the site;
v. Description of any floodplain hazards on the site (only if additional information is needed than what is shown on the sketch plan/preliminary plat map); and
i. Preliminary Grading and Drainage Plan and Report. This plan and report must be certified by a registered professional engineer, including storm drainage concepts such as locations for on-site retention or downstream structural improvements and soil erosion and sedimentation control plans and specifications. It must also discuss the impacts on and to any existing floodways on and adjacent to the site as well as any FEMA applications required.
j. Master Utility Plan. This plan shall be prepared by a registered professional engineer. It is necessary that the engineer consult with the appropriate utility service providers regarding the design of all utilities through the subdivision.
k. Preliminary Landscape Plan.
l. Preliminary Open Space Plan.
m. Traffic Study. This study must be prepared by a professional traffic engineer.
n. Draft of Proposed Covenants and Architectural Design Guidelines.
o. Mineral, Oil and Gas Rights Documentation. Evidence that the surface owner has contacted all lessees of mineral, oil and gas rights associated with the site and is working towards resolution. Included in the evidence must be the name of the current contact person, their phone number, and mailing address.
p. Soils Report and Map. The report and map shall be based on USDA Soils Conservation Service information and discuss the existing conditions and any potential constraints/hazards. The report shall also address groundwater issues.
q. Geologic Report. This report is required only for areas that have the potential for subsidence. It must be prepared by either a registered professional engineer or professional geologist - the professional must have experience in mine subsidence. The report shall address site conditions; geologic conditions; engineering and geologic considerations; and limitations and any necessary additional investigations.
r. Colorado Historical Society Records Search. At the discretion of the Town Staff or Town Council, an applicant may need to provide the Town with a Colorado Historical Society records listing historically or archaeologically significant findings on the property being subdivided. If a listing shows a significant finding, a site-specific historic survey is required. The survey shall provide the following information:
i. Site identification:
a) State site number;
b) Site address;
c) Site location/access;
d) Type and description of finding (what is historic); and
e) Owner’s name and address.
ii. Eligibility assessment for historic designation.
iii. Statement of significance.
iv. Management and administrative data:
a) References;
b) Photographs of the site;
c) Maps of the site;
d) Name, address, phone number and qualifications of person completing survey; and
e) Date of completion of survey.
If, in coordination with the applicant, the Town Council decides to protect an historic resource, a protection plan must be devised.
s. Public Hearing Notification Envelopes. Provide the Town Clerk with one (1) set of stamped, addressed, certified (return receipt requested) envelopes. The envelopes shall have the Town’s address as the mailing address and return address and the envelopes shall be addressed to the surrounding property owners (within three hundred [300] feet of the property), mineral interest owners of record, oil and gas lessees for the property, and the appropriate referral agencies.
5. Step 5: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
6. Step 6: Refer Application to Parties of Interest. Not less than thirty (30) days before the date scheduled for public hearing or Staff decision, Staff shall send information about the application by certified mail to: Moffat County, surrounding property owners within three hundred (300) feet, mineral interest owners of record, mineral and oil and gas lessees for the property, and other parties of interest. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property, and the applicant’s name.
7. Step 7: Letters of Support and Commitment to Serve. Within thirty (30) days from the date the application is deemed complete, the applicant shall provide the Town with letters of support and commitment to serve from all agencies identified at the pre-application conference.
8. Step 8: Staff Review of Application and Prepares Comments. Staff will complete a review of the sketch plan/preliminary plat based on the sketch plan/preliminary plat review criteria and referral comments received. Staff will then prepare a report identifying any issues of concern for the applicant to address and forward this report to the applicant.
9. Step 9: Applicant Addresses Staff Comments. The applicant shall submit the following to the Town Clerk:
a. Letter explaining how all of the comments have been addressed; and
b. Revised maps and other documents.
10. Step 10: Final Staff Review and Report to Planning Commission. Staff will complete a final review of the resubmitted materials and then prepare a report to the Planning Commission explaining how the application is or is not consistent with the sketch plan/preliminary plat review criteria.
11. Step 11: Schedule Concurrent Sketch Plan/Preliminary Plat Public Hearing and Complete Public Notification Process. The Planning Commission shall schedule a public hearing for the purpose of taking action on the sketch plan/preliminary plat. The Town Clerk shall publish notice in a newspaper of general circulation. The hearing may be held no less than thirty (30) days from the date of advertising.
12. Step 12: Planning Commission Public Hearing and Recommendation. The Planning Commission shall hold a public hearing to review the application based on the sketch plan/preliminary plat review criteria. The Planning Commission shall then make a recommendation to the Town Council to approve, conditionally approve, or deny the application.
13. Step 13: Applicant Addresses Planning Commission Conditions. The applicant shall revise the sketch plan/preliminary plat based on the Planning Commission’s conditions of approval and submit it to the Town.
14. Step 14: Town Council Action. The sketch plan/preliminary plat shall be presented to the Town Council for its review and action. The Town Council may approve, conditionally approve or deny the preliminary plat based on the preliminary plat review criteria. Approval and conditional approval of a sketch plan/preliminary plat shall be effective for one (1) year unless otherwise approved by the Town Council. If the plat is denied, the request or one that is substantially similar may not be heard by the Planning Commission for a period of one (1) year from the date of denial unless otherwise approved by the Planning Commission. If a final plat is not submitted within said time limit or an extension has not been granted, a preliminary plat must again be submitted before action may be taken on a final plat.
C. Concurrent Sketch Plan/Preliminary Plat Review Criteria. The Town shall use the following criteria to evaluate the applicant’s concurrent sketch plan/preliminary plat application:
1. The land use mix within the project conforms to Town’s Zone District Map and furthers the goals and policies of the Town Comprehensive Plan including:
a. The proposed development promotes Town’s small town rural character;
b. Proposed residential development adds diversity to Town’s housing supply;
c. Proposed commercial development will benefit Town’s economic base;
d. Parks and open space are incorporated into the site design;
e. The proposed project protects Town’s environmental quality; and
2. The sketch plan/preliminary plat represents a functional system of land use and is consistent with the rationale and criteria set forth in this Code and Town Comprehensive Plan.
3. The utility and transportation design is adequate, given existing and planned capacities of those systems.
4. Negative impacts on adjacent land uses have been identified and satisfactorily mitigated.
5. There is a need or desirability within the community for the applicant’s development and the development will help achieve a balance of land use and/or housing types within Town, according to Town’s goals.
14.06.090 Minor Subdivision Plat.
A. Purpose.
1. The purpose of the minor subdivision plat is to complete the subdivision of land consistent with the technical standards when the following conditions exist:
a. The property has previously been platted within the Town;
b. There is no public right-of-way dedication;
c. The entire tract to be subdivided is ten (10) acres or less in size;
d. The resulting subdivision will produce ten (10) or fewer lots; and
e. There will be no exceptions to the Subdivision Design Standards.
B. Application Process.
1. Step 1: Pre-Application Conference. A pre-application conference with a representative from the Town is required before the applicant may submit a minor subdivision plat application. Topics to be discussed will include:
a. Town regulations and standards.
b. The application and review process.
c. Submittal requirements.
d. Schedule.
2. Step 2: Minor Subdivision Plat Application Submittal. The applicant shall submit one (1) copy of the complete minor subdivision plat application package to the Town Clerk and shall request that the application be reviewed by the Planning Commission and Town Council. The minor subdivision plat application shall include:
a. Land Use Application Form.
b. Application Fee and Fee Agreement. A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer, Town Planner and any other expert whom the Town may wish to employ; and recording fees. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the deposit. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
c. Title Commitment. The title commitment must be current and dated no more than thirty (30) days from the date of minor subdivision plat application submittal.
d. Minor Subdivision Plat. The minor subdivision plat drawing shall comply with the following standards:
i. The plat shall be prepared by or under the direct supervision of a registered land surveyor and meet applicable State of Colorado requirements.
ii. Parcels not contiguous shall not be included in one (1) plat, nor shall more than one (1) plat be made on the same sheet. Contiguous parcels owned by different parties may be included on one (1) plat, provided that all owners join in the dedication and acknowledgment.
iii. Lengths shall be shown to the nearest hundredth of a foot and bearings shall be shown in degrees, minutes and seconds.
iv. The perimeter survey description of proposed subdivision shall include at least one (1) tie to an existing section monument of record and a description of monuments. The survey shown shall not have an error greater than one (1) part in ten thousand (10,000).
v. Bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside, with the lot dimensions.
vi. All signatures shall be made in black drawing ink.
vii. The minor subdivision plat shall be twenty‑four (24) inches high by thirty‑six (36) inches wide and shall provide the following information:
a) Title of project.
b) North arrow, scale (not greater than 1"=100') and date of preparation.
c) Vicinity map.
d) Legal description.
e) Basis for establishing bearing.
f) Names and addresses of owners, applicant, designers, engineers and surveyors.
g) Total acreage of subdivision.
h) Bearings, distances, chords, radii, central angles and tangent links for the perimeter and all lots, blocks, rights-of-way and easements.
i) Lot and block numbers, numbered in consecutive order, and square footage of each lot or tract.
j) Excepted parcels from inclusion noted as “not included in this subdivision” and the boundary completely indicated by bearings and distances.
k) Existing rights-of-way in and adjacent to subject property (labeled and dimensioned).
l) Existing and proposed street names for all streets on and adjacent to the property.
m) Existing easements and their type in and adjacent to subject property (labeled and dimensioned).
n) Location and description of monuments.
o) Floodplain boundary with a note regarding source of information (if a floodplain does not exist on the property, please state this on the plat).
p) Certificates blocks for signatures of owner, surveyor, utility providers, and Town approval, as applicable.
e. General Development Information. Provide a written description addressing how the proposed development conforms with the Town Land Use Code and the Town Comprehensive Plan.
f. Surrounding and Interested Property Ownership Report. Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners (within three hundred [300] feet of the property), mineral interest owners of record, mineral and oil and gas lessees for the property and appropriate ditch companies. The applicant shall certify that the report is complete and accurate.
3. Step 3: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the Minor Subdivision Plat Technical Criteria form) to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
4. Step 4: Refer Application to Parties of Interest. Not less than forty-five (45) days before the date scheduled for public hearing or Staff decision, Staff shall send information about the application by certified mail to: Moffat County, surrounding property owners within three hundred (300) feet, mineral interest owners of record, mineral and oil and gas lessees for the property, and other parties of interest. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property, and the applicant’s name.
5. Step 5: Letters of Support and Commitment to Serve. Within thirty (30) days from the date the application is deemed complete, the applicant shall provide the Town with letters of support and commitment to serve from all agencies identified at the pre-application conference.
6. Step 6: Staff Reviews Application and Prepares Comments. Staff will complete a review of the minor subdivision plat based on the Town’s minor subdivision plat review criteria. Staff will then prepare a report identifying any issues of concern that the applicant shall address and forward it to the applicant.
7. Step 7: Applicant Addresses Staff Comments.
a. The applicant shall address the Staff’s comments then submit the following to the Town Clerk:
i. Letter explaining how all of the comments have been addressed; and
ii. Revised maps and other documents.
8. Step 8: Schedule Minor Subdivision Public Hearing and Complete Public Notification Process. The Planning Commission shall schedule a public hearing for the purpose of taking action on the minor subdivision. The Town Clerk shall publish notice in a newspaper of general circulation. The hearing may be held no less than thirty (30) days from the date of advertising.
9. Step 9: Planning Commission Public Hearing and Recommendation. The Planning Commission shall hold a public hearing to review the application based on the minor subdivision review criteria. The Planning Commission shall then make a recommendation to the Town Council to approve, conditionally approve, or deny the application.
10. Step 10: Applicant Addresses Planning Commission Conditions. The applicant shall revise the minor subdivision plat based on the Planning Commission’s conditions of approval and submit it to the Town.
11. Step 11: Town Council Action. The minor subdivision plat shall be presented to the Town Council for its review and action. The Town Council may approve, conditionally approve or deny the minor subdivision based on the minor subdivision review criteria. If approved, the Town Council shall adopt the minor subdivision plat by ordinance and the Town Clerk shall request two (2) original mylars of the plat ready for the Mayor and Town Clerk to sign and then record. All final decisions of the Town Council approving, approving subject to conditions, or denying an application shall be subject to review by the District Court in Moffat County. Any applicant or other interested party may appeal such decisions in the manner provided by rules relating to civil proceedings before the District Court.
12. Step 12: Record Minor Subdivision Plat. One (1) original mylar of the minor subdivision plat shall be recorded by the Town Clerk in the office of the Moffat County Clerk and Recorder. The recording fee shall be paid by the developer.
C. Minor Subdivision Plat Review Criteria. The Town shall use the following criteria to evaluate the applicant’s request:
1. The minor subdivision plat is in compliance with the Town Land Use Code and the Town Comprehensive Plan.
14.06.100 Plot Plan.
A. Purpose. The plot plan is needed in order to apply for a building permit for any building or structure constructed on a single-family home or duplex lot. The plot plan shows where the proposed building or structure will be located on the lot so that the Town can make sure that the proposed location will be in compliance with all Town regulations.
B. Process.
1. Step 1: Submit Plot Plan Application Package.
a. Land Use Application Form.
b. Application Fee and Fee Agreement.
c. Plot Plan Map - The plot plan map shall be a minimum of eight and one-half (8½) inches by eleven (11) inches and shall provide the following information:
i. Title of project.
ii. North arrow, scale (1"=20' or as approved by the Town) and date of preparation.
iii. Name, address and phone number of property owner.
iv. Lot number, block number and name of subdivision.
v. Lot size (square footage).
vi. Bearings and distances of all lot lines.
vii. Existing easements on the lot.
viii. Footprint of the proposed building or structure, dimensioned.
ix. Square footage of the proposed building and the footprint of the proposed building.
x. Distance from the proposed building or structure to all lot lines.
xi. All existing buildings or structures on the lot.
xii. Driveway.
xiii. Existing and/or proposed water and sewer service lines on the lot.
xiv. Elevations of:
a) The finished floor for the house and garage.
b) The ground ten (10) feet away from the house and garage.
c) The lot corners.
xv. Height of all proposed buildings.
xvi. Street trees (right-of-way landscaping)(if any).
d. Drainage Information - Provide the Town with information regarding how the lot will drain, if requested by the Town Clerk or Town Council.
2. Step 2: Staff Reviews Plot Plan Application and Prepares Comments. Staff will review the plot plan map to make sure is it consistent with the plot plan review criteria. Following the review, Staff will prepare a written report outlining any changes that must be made to the plot plan before it can be approved.
3. Step 3: Applicant Addresses Staff Comments. Applicant makes all necessary changes to the plot plan and resubmits a revised copy to the Town.
4. Step 4: Plot Plan Approval. Staff completes final review of plot plan to ensure that the Plan is complete. If the Plan is determined completed, it is approved by Staff.
C. Review Criteria. The plot plan must meet the following review criteria:
1. All of the information needed on a plot plan is shown.
2. The lot size and lot dimensions are consistent with what is shown on the approved final plat.
3. No buildings or structures infringe on any easements.
4. The proposed site grading is consistent with FHA standards (if insured by FHA) otherwise it shall meet the Town’s approval.
5. The density and dimensions shown conform with the Town Zoning Code Density and Dimensional Standards or the approved PUD requirements.
14.06.110 Site Plan.
A. Purpose. The site plan is needed in order to apply for a building permit for all multi-family, commercial, and industrial developments. The site plan shows how the lot will be developed so that the Town can make sure that the site design will be in compliance with all Town regulations.
B. Process.
1. Step 1: Submit Site Plan Application.
a. Land Use Application Form.
b. Application Fee and Fee Agreement.
c. Site Plan Map - The site plan map shall be a minimum of eighteen (18) inches by twenty-four (24) inches and shall provide the following information:
i. Title of project.
ii. North arrow, scale (no greater than 1"=50') and date of preparation.
iii. Vicinity map.
iv. Address of project.
v. Legal description of property.
vi. Name, address and phone number of property owner.
vii. Name, address and phone number of person or firm responsible for plan.
viii. Lot size (square footage).
ix. Bearings and distances of all lot lines.
x. Existing and proposed easements and rights-of-way.
xi. Existing and proposed paved areas and sidewalks on the site and in the adjacent rights-of-way, all dimensioned, showing how pedestrians will have access to the site and buildings.
xii. Gathering areas for people (if any).
xiii. Existing and proposed curb cuts on the site and in the adjacent rights-of-way (on both sides of perimeter streets), all dimensioned.
xiv. Existing and proposed two (2) -foot contours.
xv. Existing waterways on or adjacent to the site.
xvi. Finished floor elevations for all structures.
xvii. Footprint (including roof overhangs and eaves, decks, balconies, outside stairs and landings) of all proposed structures and their use with their dimensions and locations noted with respect to the property lines.
xviii. Existing structures and their use.
xix. Square footage of proposed building(s) and the footprint of the proposed building(s).
xx. Proposed structure height.
xxi. For commercial and industrial uses, the type of activity and number of employees.
xxii. For multi-family residential, the number of: residential units and bedrooms per unit.
xxiii. Location of proposed signs and lights.
xxiv. Specifications for the signs and lights, including type, height and general conformance to the Code. For commercial and industrial uses, a photometric plan prepared by a qualified electrical or lighting engineer shall be submitted that depicts all lighting fixtures and the light spread (in footcandles) of these fixtures across the site to all property boundaries.
xxv. Proposed traffic controls and striping for parking areas (all lanes, driveways, and parking spaces must be dimensioned).
xxvi. Trash disposal areas and enclosures including specifications for enclosures.
xxvii. Location and size of existing and proposed water and sewer service connections and tap sizes (including those for irrigation systems).
xxviii. Location and size of water and sewer lines to which the service connections will be or are made.
xxix. Location and size of water meter(s).
xxx. Location and size of backflow-prevention devices.
xxxi. Indication of how and where perimeter drain will drain (if one exists).
xxxii. Location of existing electrical lines and poles on or adjacent to the site.
xxxiii. Location of proposed electrical service connection and meter location.
xxxiv. Location of electric transformer.
xxxv. Location of all fire hydrants. If none exist on site, note distance and direction of the closest hydrant adjacent to the site within 500 feet.
xxxvi. Location of detention/retention areas and storm sewer infrastructure with the required drainage easements.
xxxvii. The distance from the proposed building(s) or structure(s) to adjacent lot lines, easements, and adjacent structures.
xxxviii. A land use chart (table).
xxxix. Certificate blocks for signatures of owner, surveyor, utility providers, and Town approval, as applicable.
d. Certified Drainage Report - A certified drainage report, including an erosion control study and plan, as applicable.
e. Final Landscape Plan.
f. Final Open Space and Ecological Characterization Plan.
g. Exterior Elevations of Proposed Structures/Graphic Visual Aids. Provide complete building elevations, drawn to scale, with illustrations of all colors and identifying major materials to be used in the structure(s). In addition, the Staff may require building floor plans, sectional drawings, perspective drawings, models, and/or computer visualizations when the impacts of a proposal warrant such information.
2. Step 2: Application Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
3. Step 3: Staff Refers Application to Other Agencies. Staff may refer the site plan materials to other agencies and service providers for comments. The referral period shall be fifteen (15) days, but such period may be reduced or extended by Staff. Staff shall notify the applicant of any adjustment to the referral period.
4. Step 4: Site Plan Letters of Support. Within thirty (30) working days of receipt of the site plan, the applicant shall provide the Town with letters of support from all utility providers that will be serving the property.
5. Step 5: Staff Reviews Application and Prepares Comments. Staff will review the site plan map to ensure it is consistent with the site plan review criteria. Staff may consider comments received during the referral period in its review of the site plan. Following the review, Staff will prepare a written report outlining any changes that the applicant must make before the site plan can be approved. This report will be forwarded to the applicant.
6. Step 6: Applicant Addresses Staff Comments. Applicant makes all necessary changes to the site plan and resubmits a revised copy to the Town.
7. Step 7: Site Plan Agreement. Staff may require that the applicant execute a site plan agreement to assure the construction of on-site and off-site improvements as a condition of approval of the site plan. Guarantees in the site plan agreement may be secured by an irrevocable letter of credit, or by cash deposited in an escrow account in an amount determined appropriate by Staff.
8. Step 8: Planning Commission Review and Action. The site plan shall be presented to the Planning Commission for its review and action at the Commission’s next available regularly scheduled meeting. The Planning Commission may approve, conditionally approve or deny the site plan based on the site plan review criteria. Any action taken by the Planning Commission shall become final unless appealed. If the site plan is denied, the request or one that is substantially the same may not be heard by the Planning Commission for a period of one (1) year from the date of denial unless otherwise approved by the Town Council. Any aggrieved party, who wishes to appeal the action shall file a written appeal stating the reasons why the Planning Commission action is incorrect. The applicant shall file the appeal with the Town Clerk within seven (7) days of the meeting at which such action was taken.
9. Step 9: Town Council Consideration of Appeals. The Town Council shall consider any appeal within forty-five (45) days of the close of the appeal period, except an appeal associated with a concurrent development application requiring Council review or approval, which the Council shall consider with final action on the concurrent development application. The Council shall apply the site plan review criteria to either uphold, modify or reverse the Planning Commission’s decision.
10. Step 10: Submit and Record Site Plan. Upon approval by the Planning Commission or by the Town Council, the applicant shall have thirty (30) days to submit two (2) original mylar drawings of the approved site plan to the Town Clerk for recording, accompanied by the recording fees and all other costs billed by the Town relative to the site plan. Inaccurate, incomplete or poorly drawn plans shall be rejected. Within thirty (30) days of receipt of the site plan, the Town Clerk shall submit the approved site plan to the Moffat County Clerk and Recorder’s Office for recording.
11. Step 11: Post Approval Actions.
a. Building Permit. A building permit shall be issued only when a site plan has been approved. However, with the approval of the Town Clerk, an applicant may submit a building permit application concurrent with the site plan application. Building permits shall not be issued for any development that is not in conformance with the approved site plan.
b. Certificate of Occupancy. When building construction and site development are completed in accordance with the approved site plan and building permit(s), a Certificate of Occupancy may be issued.
c. Phasing and Expiration of Approval. The site plan shall be effective for a period of three (3) years from the date of approval, unless stated otherwise in the written site plan approval. Building permits shall not be issued based on site plans that have an approval date more than three (3) years old. For multi-phased plans, building permits shall not be issued based on an approval date more than three (3) years from the date of Phase I approval.
C. Review Criteria. The site plan must meet the following review criteria:
1. All of the information required on a site plan is shown.
2. The lot size and lot dimensions are consistent with what is shown on the approved final plat.
3. No buildings or structures infringe on any easements.
4. The proposed site grading is consistent with the requirements of the Town.
5. The density and dimensions shown conform with the Town Zoning Code Density and Dimensional Standards or the approved PUD requirements.
D. Amendments to Approved Site Plans.
1. Minor variations in the location of structures, improvements, or open space areas caused by engineering or other unforeseen difficulties may be reviewed and approved by the Town Staff. Such changes shall not exceed ten (10) percent of any measurable standard or modify the use, character, or density of an approved site plan. All plans so modified shall be revised to show the authorized changes and shall become a part of the permanent records of the Town.
2. Changes to approved site plans that exceed the ten (10) percent threshold, or other major modifications (such as changes in building size or footprint, relocation of access points, changes to required parking, etc.), shall be considered as a new site plan application. Such amendments shall require Planning Commission review and approval to become effective. A complete site plan application shall be prepared and submitted in compliance with the requirements set forth in this Section.
14.06.120 Amendments to Recorded Plats.
A. Amendments to Recorded Plat Process.
1. Minor amendments which are filed with the Moffat County Clerk and Recorder to correct minor survey or drafting errors on a recorded plat shall be prepared in the form of an affidavit or, where deemed necessary for clarity, a revised plat certified by a land surveyor licensed with the State of Colorado. All affidavits or corrected plats shall be reviewed and may be approved by the Town Staff. Notice of the minor amendment shall be given to the Town Council.
2. Amendments to a recorded plat which do not increase the number of lots or relocate or add roads or do not create more than ten (10) total lots shall be submitted as a minor subdivision plat. The minor subdivision plat shall be prepared and submitted in compliance with the minor subdivision plat requirements of this Chapter (Section 14.06.090).
14.06.130 Resubdivision.
The resubdivision of any lots, tracts or parcels, or the relocation or addition of streets within a subdivision, shall be considered a resubdivision (also known as a “replat”) and shall be prepared and submitted in compliance with the requirements for subdivision as set forth in this Chapter. In the event that any dedicated streets are relocated as a result of a resubdivision, it is necessary for the Town to first vacate those existing streets, with said vacation to be effective prior to the approval of the final plat. Vacation of right-of-way shall conform to the requirements of State law. Certain sketch plan, preliminary plat and final plat requirements may be waived at the discretion of the Town Council.
14.06.140 Vacation of Right-of-Way/Easement.
A. Vacation of Right-of-Way/Easement Purpose. The vacation of right-of-way or easement application process is used to vacate unnecessary easements and rights-of-way. The vacation of right-of-way or easement shall be in accordance with Part 3 of Title 43, C.R.S.
B. Vacation of Right-of-Way/Easement Application Process.
1. Step 1. Pre-Application Conference. A pre-application conference with a representative from the Town is required before the applicant may submit a vacation of right-of-way/easement application. Topics to be discussed will include:
a. Town regulations and standards.
b. The application and review process.
c. Submittal requirements.
d. Schedule.
2. Step 2: Vacation of Right-of-Way/Easement Application Submittal. The applicant shall submit one (1) complete copy of the vacation of right-of-way/easement application package to the Town Clerk and shall request that the application be reviewed by the Town Council. The application must be submitted a minimum of sixty (60) days prior to the Town Council meeting at which the application will be reviewed. The vacation of right-of-way/easement application shall include:
a. Land Use Application Form.
b. Application Fee and Fee Agreement - A non-refundable fee is collected to cover the cost of review by the Town Attorney, Town Engineer, Town Planner and any other expert whom the Town may wish to employ; and recording fees. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the deposit. The Town shall provide applicants with a copy of the most current fee schedule and fee agreement form.
c. Petition for Vacation of Right-of-Way/Easement.
d. Title Commitment - The title commitment must be current and dated no more than thirty (30) days from the date of vacation of right-of-way/easement submittal.
e. Surrounding and Interested Property Ownership Report - For vacation of right-of-way applications (NOT vacation of easement applications), provide the Town Clerk with a current (not more than thirty [30] days old) list of the names and addresses of the surrounding property owners (within three hundred [300] feet of the property), mineral interest owners of record and oil and gas lessees for the property. The applicant shall certify that the report is complete and accurate.
f. Vacation of Right-of-Way/Easement Map - The vacation of right-of-way/easement map shall be a minimum of eight and one-half (8½) inches by eleven (11) inches and provide the following information:
i. Title of map.
ii. North arrow, scale (whatever is appropriate) and date of preparation.
iii. Vicinity map.
iv. Legal description of right-of-way/easement to be vacated.
v. Graphic representation of property to be vacated.
vi. Acreage of property to be vacated.
vii. Names and boundaries of adjacent subdivisions and streets.
viii. Lot and block numbers of adjacent lots and blocks.
ix. Existing and proposed rights-of-way in and adjacent to subject property.
x. Existing and proposed utility easements in and adjacent to subject property.
xi. Existing and proposed utility lines and/or facilities in and adjacent to subject property.
xii. Type and location of existing structures and paved areas on the subject property.
g. Vacation of Right-of-Way/Easement Review Criteria Statement - Provide a written description of how the vacation request addresses the four vacation of right-of-way/easement review criteria.
3. Step 3: Certification of Completion. Within a reasonable period to time, Staff shall either certify the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. Applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the Vacation of Right-of-Way or Easement Technical Criteria form) to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.
4. Step 4: Letters of Support from Utility Providers and Other Affected Agencies. Within thirty (30) days from the date the application is deemed complete, the applicant shall provide to the Town letters from all utility providers or other agencies, affected by the vacation, expressing their support of the vacation request.
5. Step 5: Staff Reviews Application and Prepares Comments. Staff will complete a review of the vacation of right-of-way/easement based on the vacation of right-of-way/easement review criteria. Staff will then prepare a report identifying any issues of concern that the applicant will need to address and forwards it to the applicant.
6. Step 6: Applicant Addresses to Staff Comments. The applicant shall address Town Staff’s comments then submit the following to the Town Clerk:
a. Letter explaining how all of the comments have been addressed; and
b. Revised maps and other documents.
7. Step 7: Final Staff Review and Report to the Town Council. Staff shall complete a final review of the resubmitted materials and prepare a report to the Town Council explaining how the application is or is not consistent with the vacation of right-of-way/easement review criteria.
8. Step 8: Town Council Action. The Town Council may approve, conditionally approve or deny the vacation of right-of-way ordinance based on the vacation of right-of-way/easement review criteria. The Town Council may approve, conditionally approve or deny the vacation of easement ordinance based on the vacation of right-of-way/easement review criteria. All approved ordinances must be recorded with the Moffat County Clerk and Recorder. If the ordinance is conditionally approved, all conditions of approval must be satisfied by the applicant and certified by the Town Clerk within a time specified by the Town Council before the ordinance can be recorded.
C. Vacation of Right-of-Way/Easement Review Criteria.
1. The right-of-way or easement being vacated is not needed in the short or long term.
2. If necessary, the right-of-way or easement will be replaced. To replace the right-of-way or easement, the vacation application shall be accompanied by a development application which proposes a new right-of-way or easement.
3. If applicable, the applicant is relocating all public facilities or utilities within the right-of-way or easement.
4. The public and surrounding properties and utility providers will not be negatively impacted by the vacation.
D. Vesting of Title Upon Vacation. Upon vacation of a right of way, title to such right of way shall vest in the manner described in Section 43-2-302, C.R.S.
14.06.150 Subdivision Improvements and Development Agreements.
A. Agreements and Improvements. A Development Agreement for Public Improvements stating the developer agrees to construct any required public improvements shown in the final plat documents together with collateral which is sufficient, in the judgment of the Town Council, to make reasonable provision for the completion of said improvements in accordance with design and time specifications will be required. No subdivision plat shall be signed by the Town or recorded at the office of the Moffat County Clerk, and no building permit shall be issued for development until a Development Agreement between the Town and the developer has been executed. Such agreement shall include a list of all agreed-upon improvements, an estimate of the cost of such improvements, the form of guarantee for the improvements, and any other provisions or conditions deemed necessary by the Town Council to ensure that all improvements will be completed in a timely, quality and cost-effective manner.
A. Development Agreement shall run with and be a burden upon the land described in the agreement.
B. Other agreements or contracts setting forth the plan, method and parties responsible for the construction of any required public improvements shown in the final plat documents may also be required.
C. As improvements are completed, the subdivider shall apply to the Town Council for inspection of improvements. Upon inspection and approval, the Town Council shall notify the subdivider that there is a two (2) year guarantee period before release of all funds. If the Town Council or respective special district determines that any of the required improvements are not constructed in compliance with specifications, it shall furnish the subdivider a list of specific deficiencies and shall be entitled to withhold collateral sufficient to ensure such compliance. If the Town Council determines that the subdivider will not construct any or all of the improvements or remedy the deficiencies in accordance with all the specifications, the Town Council may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvements or remedy deficiencies in accordance with the specifications.
D. The following improvements shall be constructed unless waived by the Town Council:
1. Road grading and surfacing.
2. Curbs.
3. Street lights.
4. Sidewalks.
5. Sanitary sewer collection system.
6. Storm sewers or storm drainage system, as required.
7. Potable water distribution including fire hydrants.
8. Utility distribution system for public parks and open space.
9. Street signs at all street intersections.
10. Permanent reference monuments and monument boxes.
11. Underground telephone, communication, electricity and gas lines.
12. Berm or fence along major arterial and collector streets.
13. Required landscaping.
14. Street trees (if required).
15. Underdrains.
16. Required floodway improvements.
17. Required irrigation ditch improvements.
E. Time for Completion. The required time for the completion of all required improvements shall be two (2) years from the recording date of the final map or plat. However, the Town Council may extend such time for completion upon request from the subdivider. Upon completion of such improvements within the required time and approval thereof by the Town Council, the Town shall cause the cash or letter of credit to be released within thirty (30) days of the Town’s acceptance of such improvements and receipt of the required as-built drawings. When such improvements are not completed within the required time, the Town may cause the proceeds of the cash or letter of credit to be used to complete the required improvements.
F. Warranty. All workmanship and materials for all required improvements shall be warranted by the subdivider for a period of two (2) years from the date of the Town’s acceptance of the required improvement; provided that any defects which are the result of public abuse, misuse or acts of God are not the responsibility of said subdivider. For perimeter fences that abut collector and arterial streets, the warranty period shall be two (2) years. The total amount of the guarantee shall be calculated as ten (10) percent of the total actual cost including labor and materials of all public improvements constructed. The Town shall not release the improvement guarantee until the Town has granted final acceptance of the improvements. In the event that any other provision of this Code or specifications adopted pursuant thereto requires a warranty of workmanship or materials for a different period of time, that provision requiring the longer period shall govern. The inspection or acceptance of any required improvement by the Town shall not relieve the subdivider of his or her warranty of workmanship and materials.
- 14.07 Parking Regulations & Dimensional Parking Requirements
-
14.07.010 Intent.
14.07.020 General Provisions.
14.07.030 Paved Off-Street Parking Requirements.
14.07.040 Location of Spaces.
14.07.050 Handicap Parking Spaces.
14.07.060 Handicap Parking Space Dimensions.
14.07.070 Parking Stall Dimensions.
14.07.080 Bicycle Parking Spaces.
14.07.090 Parking Restrictions for Excess Weight Vehicles and Recreational Vehicles.
14.07.100 Dimensional and Parking Requirements Table.
14.07.010 Intent.
The intent of this Chapter is to provide adequate parking for motor vehicles while minimizing the visual impact of parking lots and structures.
14.07.020 General Provisions.
A. In all Zone Districts, off-street parking facilities for the storage of self-propelled motor vehicles for the use of occupants, employees and patrons of the building or structures hereafter erected, altered or extended shall be provided and maintained as herein prescribed.
B. Surface. All parking and driveway areas and primary access to parking facilities shall be surfaced with asphalt, concrete or similar materials.
C. Integrate Parking Lots with Surroundings. Parking lots shall not dominate the frontage of pedestrian-oriented streets, interfere with designated pedestrian routes, or negatively impact surrounding neighborhoods. The pedestrian character of streets and building shall be maximized through continuity of buildings and landscape frontage.
D. Location. Parking lots shall be located to the rear or side of buildings or in the interior of a block whenever possible.
E. Landscaping. Parking lots shall be landscaped, screened and buffered as provided in the Town’s Land Use Regulations.
F. Share-Access. Where feasible, parking lots shall share access drives with adjacent property with similar land uses.
G. Off-Street Parking Design. Any off-street parking area shall be designed so that vehicles may exit without backing onto a public street unless no other practical alternative is available. Off-street parking areas shall be designed so that parked vehicles do not encroach upon or extend onto public rights-of-way, sidewalks or strike against or damage any wall, vegetation, utility or other structure.
H. Circulation Area Design. Circulation areas shall be designed to facilitate the safe movement of vehicles without posing a danger to pedestrians or impeding the function of the parking area.
I. Lighting. All parking area lighting shall be full cutoff type fixtures. Any light used to illuminate parking areas or for any other purpose shall be so arranged as to reflect the light away from nearby residential properties, and away from the vision of passing motorists.
J. Shared Off-Street Parking. When there are opportunities to support parking demand through shared off-street parking for compatible uses (such as a movie theater and an office building), a parking study and shared parking agreements shall be used to demonstrate the adequacy of the parking supply as a substitute for standard parking requirements.
14.07.030 Paved Off-Street Parking Requirements.
Paved off-street parking shall be provided according to the minimum requirements as specified below:
USE
REQUIRED PARKING
Must be outside of rights-of-way
1. Single-family detached
2 spaces per unit
2. Townhouse and duplex
1 space per bedroom, up to 2 per unit
3. Apartment dwellings
1 space per bedroom, up to 2 per unit
4. Accessory dwellings
1 space per bedroom, up to 2 per unit
5. Retail
1 space for every 500 square feet of gross floor area*
6. Office/business uses
1 space for every 500 square feet of gross floor area*
7. Institutional/churches
1 space for every 6 seats
8. Business park/industrial
1 space each for the maximum number of employees present at any one time*
* Off-street parking for commercial uses shall be sufficient to provide parking for employees of all proposed uses as well as long-term customer parking. Spaces reserved for employees shall be designated as such by means of striping and signage. Parking shall be located at the rear and sides of buildings to the greatest extent possible and screened from the view of streets.
14.07.040 Location of Spaces.
A. Off-street parking facilities for residential uses shall be provided and located on the same lot as the building they are intended to serve.
B. Required off-street parking in residential zones shall not lie within the front yard setback nor within any required side yard setback adjacent to a street, except driveways.
1. The location of required off-street parking facilities for other than residential uses shall be within seven hundred (700) feet of the building they are intended to serve when measured from the nearest point of the building or structure.
2. Except within a garage or in conjunction with an approved affordable housing project, tandem parking is not allowed to meet required off-street parking requirements.
3. Garages or required off-street parking spaces shall be set back twenty-two (22) feet from the back of the sidewalk.
14.07.050 Handicap Parking Spaces.
A. Handicap parking spaces shall be required for all retail, office, business, industrial, institutional uses, as well as multi-family units.
B. Handicap parking spaces shall be designated as being for the handicapped with painted symbols and standard identification signs.
C. Handicap parking spaces shall be located as close as possible to the nearest accessible building entrance.
D. Number of Handicap Parking Spaces:
Total Parking Spaces in Lot
Minimum Required
Number of Handicap Parking Spaces
1-25
1
26-50
2
51-75
3
76-100
4
101-150
5
151-200
6
201-300
7
301-400
8
401-500
9
501-1000
2% of total
1000 and over
20 plus 1 for every 100 over 1000
For every eight (8) handicap parking spaces there must be at least one (1) van-accessible space. If there is only one (1) handicap parking space, that space must be van-accessible.
14.07.060 Handicap Parking Space Dimensions.
A. Parking spaces must be eight (8) feet by eighteen (18) feet with a five (5) foot wide access aisle.
B. Van-accessible spaces must be eight (8) feet by eighteen (18) feet with an eight (8) foot wide access aisle.
C. Parking spaces for the physically handicapped that are parallel to a pedestrian walk which is handicap accessible may have the same dimensions as those for standard vehicles.
14.07.070 Parking Stall Dimensions.
Parking stalls for automobiles shall meet the following standards. All dimensions represent the minimum requirement for any required parking space.
PARKING STALL DIMENSIONS
Parking
Angle
(A)
Stall
Width
(B)
Stall to
Curb
(C)
Aisle
Width
(D)
Curb Length
(E)
Overhang
(F)
45°
9'
19'
13'
12' 8"
1' 5"
60°
9'
20'
13'
10' 5"
1' 8"
90°
9'
18'
24'
9'
2'
0°(parallel)
8' *
8' *
12'
24'
0'
*Except along local streets where 7' is permitted.
14.07.080 Bicycle Parking Spaces.
Commercial, industrial, civic, employment, multi-family and recreational uses shall provide bicycle facilities to meet the following standards:
A. A minimum number of bicycle parking spaces shall be provided, equal in number to two (2) percent of the total number of automobile parking spaces provided by the development, but not less than one (1) space.
B. For convenience and security, bicycle parking facilities shall be located near building entrances. Within downtown commercial areas, however, a grouping of spaces shall be utilized as directed by the Town.
C. Bicycle parking facilities shall be designed to allow the bicycle frame and both wheels to be securely locked to a parking structure which is permanently attached to the pavement.
14.07.090 Parking Restrictions for Excess Weight Vehicles and Recreational Vehicles.
A. The owner or operator of any vehicle weighing in excess of ten thousand (10,000) pounds, other than emergency vehicles, shall not park said vehicle on any public right-of-way or roadway, except when making local deliveries, nor shall excess weight vehicles, boats, boat trailers, tractors, trailers, semi-trailers, motor homes, buses or detached/dismounted campers be parked or kept on private property for longer than seventy-two (72) hours, except as herein provided.
B. No boat, boat trailer, tractor, trailer, semi-trailer, motor home, bus or detached/ dismounted camper shall be kept or parked upon any public right-of-way or roadway, except for visitation purposes not exceeding twenty-four (24) hours.
C. All excess weight vehicles, boats, boat trailers, motor homes, buses or detached/ dismounted campers kept or stored on private residential property for longer than seventy-two (72) hours shall be kept or stored in the rear yard screened from view, or within an enclosed building. No such vehicle shall be used for storage or as a business or residential premises.
D. All excess weight vehicles, boats, boat trailers, tractors, trailers, semi-trailers, motor homes, buses or detached/dismounted campers kept or stored on private property for longer than seventy-two (72) hours shall be kept or stored in a yard screened from view or within an enclosed building. The property where storage occurs must be properly zoned for the use. No such vehicle shall be used for storage or as a business or residential premises.
E. No mobile home may be located permanently or temporarily in any residential area unless said area is zoned for the same.
(Municipal Code Codification 2022)
[Remainder of page left blank intentionally]
14.07.100 Dimensional and Parking Requirements Table.
Maximum Density & Lot Conformance Coverage
NA
NA
15 dwelling units per acre
“
NA
NA
NA
NA
NA
NA
NA
NA
Parking Regulation
2 spaces per dwelling unit
“
“
1 per unit
1 for each 3 seats
4+2 for ea. enclosed space
1 fir ea. 50 sq. ft. of gross floor space
2 for ea. customer chair
1 sp. for. ea. 300 sq. ft.
1 sp. for ea. 200 sq. ft.
1 sp. for ea. 400 sq. ft. gross floor area
1 sp. for ea. 500 sq. ft.
Maximum Bldg. Heights
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
Minimum Rear Setback
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
Minimum Side Setback
10 ft.
10 ft.
10 ft.
*Not required
“
“
“
“
“
“
10 ft.
10 ft.
Minimum Front Setback
25 ft.
25 ft.
15 ft.
15 ft.
15 ft.
*10 ft.
15 ft.
15 ft.
15 ft.
15 ft.
10 ft.
10 ft.
Minimum Lot Width at Bldg. Line
50 ft.
75 ft.
200 ft.
100 ft.
50 ft.
150 ft.
200 ft.
25 ft.
50 ft.
25 ft.
50 ft.
50 ft.
Minimum Lot Area (Sq. Ft.)
6,500
10,500
28,000
RESIDENTIAL
One Family
Two Family
Multi-Family
COMMERCIAL
Motels
Restaurants & Lounges
Service Stations
Drive-Ins
Beauty and Barber
Other Retail Stores
Business & Professional Offices
INDUSTRIAL
Light Industrial
Industrial
*Maintaining shall be 25 feet.
** Subject to recommendation and Town Council approval.
(Ord. 60, Art. VI, Table, 1983)
- 14.08 Design Standards
-
Part 1
Mobile Home and Travel Trailer Park Development Standards
Sections:
14.08.010 Mobile Home and Travel Trailer Park Construction Requirements.
14.08.020 Mobile Home and Travel Trailer Park General Design Standards.
14.08.030 Additional Design and Regulation Standards for Mobile Home Parks.
14.08.040 Additional Design and Regulation Standards for Travel Trailer Parks.
Part 2
Sidewalks, Multi-Use Pathways and Trails
Sections:
14.08.050 Sidewalks, Multi-Use Pathways and Trails Design Standards.
Part 3
Easement and Utility Standards
Sections:
14.08.060 Utility Easement Width.
14.08.070 Multiple Installations within Easements.
14.08.080 Underground Utilities.
14.08.090 Street Lighting.
Part 4
Parks and Open Space
Sections:
14.08.100 Parks and Open Space Standards.
Part 5
Fences and Walls
Sections:
14.08.110 Fences and Walls.
Part 6
Sanitary Sewer
Sections:
14.08.120 Sanitary Sewer Standards.
Part 7
Potable Water
Sections:
14.08.130 Potable Water Standards.
Part 8
Fire Hydrants
Sections:
14.08.140 Fire Hydrant Standards.
Part 1
Mobile Homes and Travel Trailer Park Development Standards
14.08.0010 Mobile Home and Travel Trailer Park Construction Requirements.
The following construction requirements shall be applicable to both Mobile Home and Travel Trailer Parks, and shall be completed before any Certificates of Occupancy are issued:
A. Streets. Streets or accessways within the Mobile Home Park shall be paved or blacktopped at the time of first occupancy. Streets shall be a minimum of forty feet (40’) wide. Street widths shall be measured from the back-of-curb to back-of-curb. On-street parking on one-way streets shall not be permitted. On-street parking on two-way streets shall be for a maximum of twenty-four (24) hours. Enforcement of on-street parking regulations shall be the responsibility of the Park owner. Dead-end streets shall not be permitted. Non-through streets shall end in a cul-de-sac having a minimum radius of thirty feet (30’).
B. Fire Fighting and Prevention. Fixed installations for fire department operation shall be provided in accordance with Town of Dinosaur standards. Fire hydrants shall be installed in accordance with current standard specifications of the Town and the Fire District.
C. Buildings. Recreation buildings and other community service facilities are subject to the Town Land Use Regulations. Management offices, storage facilities, sanitary facilities and indoor recreation areas may be provided. No mobile home or travel trailer shall be placed closer than twenty feet (20’) to a building.
D. Construction Requirements. All developers of any Mobile Home Park or Travel Trailer Park shall submit proposed plans of the same to the Planning Commission and Town Council for approval in the same manner as subdividers are required to present designs and plats. The subdivision regulations insofar as the requirements for platting and approval thereof shall be applicable to all developers herein.
(Ord. 60, Art. VIII, §801.1, 1983)
14.08.020 Mobile Home and Travel Trailer Park General Design Standards.
The following Design standards shall be applicable to both Mobile Home Parks and Travel Trailer Parks, and shall be completed before any Certificates of Occupancy are issued:
A. Utilities. All utilities shall be placed underground in Travel Trailer Parks, tents shall not be permitted.
B. Open Space. Common areas or playgrounds shall be provided at the ratio of 200 square feet per mobile home rental space or travel trailer rental space and shall be centrally located, unless the mobile home or travel trailer is located adjacent to a playground area.
C. Park Size. The minimum size of a Mobile Home Park or Travel Trailer Park shall be two (2) acres.
D. Lighting. All streets and walkways within the Park shall have a minimum standard of illumination as provided by 175 watt mercury vapor lamps or equivalent LED lamps at a maximum spacing of 300 feet.
E. Storage Access. Storage access shall be provided for motorhomes, boats, boat trailers, tent trailers, horse trailers and detachable pickup campers.
(Ord. 60, Art. VIII, §802.1, 1983)
14.08.030 Additional Design and Regulation Standards for Mobile Home Parks.
Mobile Home Parks shall be subject to the following Design and Regulation Standards in addition to those herein provided above:
A. Mobile Home Width. Mobile homes shall be a minimum of ten feet (10’) in width measured wall-to-wall.
B. Parking. Off-street parking for a minimum of two (2) vehicles, within the minimum area of 400 square feet shall be provided at each mobile home space.
C. Garbage. Receptacles or containers shall be provided for each rental space. All containers shall comply with the applicable regulations with the Town of Dinosaur refuse collection requirements and removal shall be the responsibility of the Park owner.
D. Walkways. Walkways not less than two feet (2’) wide shall be provided from streets to all public buildings.
E. Structural Additions. No other structural additions shall be built onto or become a part of any mobile home, except entrance steps. No mobile home shall support any building in any manner unless the addition is an awning, patio cover or carport, or storage building. Such additions shall comply with the current Town building codes.
F. Skirting. Each mobile home shall be skirted completely within forty-five (45) days of placement, with permanent, all-weather, non-combustible skirting material approved by the Zoning Enforcement Official. Allowance shall be made for ventilation. An entry panel or door shall be available for access to utility connections. No galvanized metal, nor corrugated fiberglass may be used for skirting. The color shall be compatible with the Mobile Home.
G. Patio Pads. Patio pads shall be provided for each rental space. Patio pads shall have a minimum area of 200 square feet and shall be concrete or paved.
H. Mobile Home Hook-Ups. It shall be the responsibility of the Mobile Home Park owner to ensure that all utility hook-ups are completed according to Federal, State and local Codes.
I. Lot Area. Minimum lot size of 3500 square feet and a minimum frontage shall be not less than 30 square feet. Minimum front setback for a Mobile Home on a corner lot with inserting street shall be 20 feet; measured from the unit to the property line or back-of-curb, whichever is greater. If a Mobile Home space borders on a private street, the minimum side and rear yard setback shall be 8 feet. If a Mobile Home has parking spaces, 400 square feet to the side of the unit: a setback of 10 feet shall be allowed on a straight street.
J. Pets. Municipal Code shall apply.
(Ord. 60, Art. VIII, §803.1, 1983)
14.08.00 Additional Design and Regulation Standards for Travel Trailer Parks.
Travel Trailer Parks shall be subject to the following Design and Regulation Standards in addition to those provided above:
A. Sanitary Facilities. Separate sanitary facilities for men and women shall be provided. Each facility shall contain one flush water closet and/or urinal and one lavatory for every ten (10) spaces and one shower for every sixteen (16) spaces or fraction thereof. Dumping facilities shall be provided and shall be approved by the Town.
B. Trailer Width. Maximum trailer width shall be eight feet (8’).
C. Trailer Space. Each travel trailer rental space shall have a parking pad of 10 feet by 20 feet, that shall consist of concrete or blacktop at the time of first occupancy.
D. Travel Trailer Park Lot Size. Minimum lot size shall be 1000 square feet and a minimum frontage shall not be less than 20 feet measured form the edge of the parking pad to the property line or back-of-curb, whichever is greater. If a trailer borders on a private street, the minimum side and rear yard setback shall be 8 feet.
E. Parking. One off-street parking space that is paved or compacted gravel shall be provided for each rental space.
F. Garbage. Refuse collection and removal shall be the responsibility of the Park owner. There shall be a central dumping area as approved by the Town.
G. Pets. Municipal Code shall apply.
(Ord. 60, Art. VIII, §804.1, 1983)
Part 2
Sidewalks, Multi-Use Pathways and Trails
14.08.050 Sidewalks, Multi-Use Pathways and Trails Design Standards.
A. Intent. The intent of the standards for sidewalks, multi-use pathways and trails is to assure a safe, convenient, and attractive pedestrian/bicycle system that minimizes conflicts between vehicles, bicycles and pedestrians.
B. General Provisions.
1. Interconnected Network. A sidewalk network that interconnects all dwelling units with other dwelling units, non-residential uses, and common open space shall be provided throughout each development. Sidewalks shall be separate and distinct from motor vehicle circulation to the greatest extent possible. The pedestrian circulation system shall include gathering/sitting areas and provide benches, landscaping and other street furniture where appropriate.
2. Sidewalks Required. In all zone districts, sidewalks are required along both sides of a street. Within the Industrial Zone District, sidewalks are required along one side of the street.
3. Sidewalk Width. Sidewalks shall be a minimum of five (5) feet wide along local streets; a minimum of five (5) feet wide along one side and eight (8) feet wide along the other side of collector streets; and a minimum of eight (8) feet wide along arterial streets. A four (4) foot detached sidewalk is an acceptable sidewalk alternative if it is approved through the subdivision exception process. Sidewalks adjacent to storefronts in commercial areas shall be ten (10) to fifteen (15) feet in width, or consistent with the average sidewalk width on a block if building in an area with existing sidewalks.
4. Sidewalk Location. Sidewalks shall be located within the right-of-way unless otherwise authorized by the Town Council.
5. Sidewalk Materials. The acoustic, thermal, visual and tactile properties of sidewalk paving materials shall be appropriate to the proposed functions of pedestrian circulation. Sidewalks shall be constructed of concrete, brick, slate, colored/textured concrete pavers, concrete containing accents of brick, or some combination thereof that is compatible with the style, materials, colors, and details of the surrounding buildings. Asphalt shall not be used for sidewalks.
Sidewalks must be constructed of approved materials of sufficient strength to support light maintenance vehicles. If used as a secondary emergency access, sidewalks must also be able to support a fire truck (60,000 lbs.) Please refer to the Town Standards and Specifications for additional sidewalk construction standards.
6. Sidewalk Installation. Sidewalks and related improvements shall be installed or constructed by the subdivider in accordance with plans and specifications approved by the Town and, after installation or construction, they shall be subject to inspection and approval by the Town. All required improvements shall be completed in accordance with the officially established grades.
7. Accessibility. Sidewalks and plazas shall be accessible to handicapped individuals. (Refer to Americans with Disabilities Act (ADA) requirements.)
8. Walkways. Walkways through a subdivision block shall be not less than eight (8) feet in width, shall be within a dedicated right-of-way not less than twenty (20) feet in width, and shall be flanked with appropriate landscaping and lighting. Walkways along buildings and within parking lots shall be raised and curbed, where suitable. A direct pedestrian connection to building entries, public space and parking areas shall be provided from public sidewalks. Walkways shall be constructed of the same materials as sidewalks, except that walkways internal to asphalt surfaced parking lots may be of asphalt construction. Walkways crossing driveways in parking lots shall be clearly delineated by a change in pavement color or texture or paint striping. Please refer to the Town Standards and Specifications for additional sidewalk construction standards.
9. Lighting. All sidewalks and other pedestrian walkways shall have appropriate lighting, using poles and fixtures consistent with the overall design theme for the development.
10. Multi-use Pathways (Bikeways). Multi-use pathways shall be provided to link internal open space areas with peripheral open space areas and shall connect to multi-use pathway routes throughout the community. Multi-use pathway routes shall be designated between residential areas and commercial and employment centers. Multi-use pathways on local streets may be delineated by painted “bicycle only” lanes. Sidewalks that may be used as a multi-use pathway are required on arterial and collector streets. All other multi-use pathways shall be a minimum of eight (8) feet wide and shall be of concrete construction or where approved by the Town Council, compressed gravel. Asphalt paving is prohibited. Bike racks shall be provided at the entry to internal and peripheral open space areas.
11. Trails. Trails shall be provided within and surrounding open space areas and connecting open space areas. Trails shall be a minimum of eight (8) feet in width and shall be of concrete construction. A trail may be flanked on one side by a soft surface path a minimum of four (4) feet in width. The soft surface path shall be constructed with a minimum depth of eight (8) inches of compressed gravel, crowned and compacted with edging to contain trail material.
Part 3
Easement and Utility Standards
14.08.060 Utility Easement Width.
Utility easements shall measure ten (10) feet on each side of abutting rear lot lines. On subdivision perimeter rear lot lines adjacent to unsubdivided property, utility easements shall measure ten (10) feet in width. In the event that the location of utility easements adjacent to rear property lines is unsuitable for use by utility companies due to drainage, irrigation ditches or other obstructions, the subdivider shall provide like width easements adjacent to said areas of obstruction. Side lot line easements, where necessary, shall measure ten (10) feet in full width; five (5) feet either side of a lot line is acceptable. Front lot line easements shall measure ten (10) feet in width. Easements may be more or less than widths stated if the specific utility indicates in writing a width other than those required by this Code. Utility easements shall be subject to the approval of the Town or applicable utility company.
14.08.070 Multiple Installations within Easements.
Easements shall be designed so as to provide efficient installation of utilities. Public utility installations shall be located as to permit multiple installations within the easements. The developer will establish final utility grades prior to utility installations.
14.08.080 Underground Utilities.
Telephone lines, electric lines, internet lines, cable television lines and other like utility services shall be placed underground. The subdivider shall be responsible for complying with the requirements of this Section, and shall make the necessary arrangements including any construction or installation charges with each utility provider for the installation of such facilities. Transformers, switching boxes, meter cabinets, pedestals, ducts and other facilities necessarily appurtenant to such underground utilities shall be placed underground or on the surface but not on utility poles. Screening or fencing is required to the satisfaction of the Town Council. Electric transmission and distribution feeder lines and necessary appurtenances thereto may not be placed above ground unless they are carrying greater than 115 kV. Such facilities shall be placed within easements or public streets, as therein provided, or upon private easements or rights‑of‑way provided for particular facilities.
14.08.090 Street Lighting.
Street lighting and associated underground street lighting supply circuits shall be installed. The minimum requirement shall be two hundred fifty (250) watt sodium vapor lamps or equivalent LED lamp at a maximum spacing of four hundred (400) feet for local streets. Arterial streets and commercial areas shall have a higher level of lighting as determined by the Town Council.
Part 4
Parks and Open Space
14.08.100 Parks and Open Space Standards.
A. Intent. To ensure that a comprehensive, integrated network of parks and open space is developed and preserved as the community grows.
B. Types of Parks and Open Space.
1. Pocket Parks. Pocket parks provide places within walking distance of residential units for supervised play for young children and unstructured activities for neighborhood residents. Developers must provide the land and develop a one (1) acre pocket park for every two hundred (200) residential units. At a minimum, a pocket park shall include live ground cover, trees, and irrigation plus one of the following: playground equipment, contemplative garden or other active or passive recreation opportunities for the neighborhood.
Projects with less than two hundred (200) units must provide a pocket park or demonstrate that they are within one-quarter (¼) mile of a neighborhood park. If credit is taken for proximity to a neighborhood park, the developer must provide a cash-in-lieu equivalent for their pro rata share of the cost of land and improvements for a pocket park (i.e., provide twenty-five [25] percent of a pocket park for fifty [50] units).
The land and amenities of a pocket park may be added to a centrally located neighborhood park. The pocket park amenities placed in a neighborhood park must be within one-quarter (¼) mile of the sub-neighborhood’s two hundred (200) residences served. For example, a neighborhood park serving a neighborhood of four hundred (400) residences shall have two (2) pocket park amenity pods, located to conveniently serve each of the sub-neighborhoods.
2. Neighborhood Parks. Neighborhood parks are places for recreation and social gatherings that are within walking distance of most residents. These parks can include multiple-use lawn areas, picnic areas, playground equipment, court game facilities and community gardens. The general locations for each four (4) to six (6) acre neighborhood park are shown on the Town Comprehensive Plan. Every residential development shall either provide land for a neighborhood park or provide a fair share, cash-in-lieu contribution for the park that will serve the neighborhood. This can be credited toward the twenty (20) percent land dedication required at the time of subdivision. Developers providing land shall submit a conceptual design for the park to demonstrate that it meets the intent of the Town Comprehensive Plan. The Town will be responsible for the development and maintenance of the park.
3. Community Park. Community parks serve the residents of several neighborhoods. Community parks are to be located on or near arterial streets at the edge of residential areas or in non-residential areas to minimize the impact of organized recreational activities such as lighted ball fields. The general locations for community parks are shown on the Town Comprehensive Plan. These parks will be purchased and developed by the Town.
4. District Park. District parks serve the residents of the entire Town as well as people who live outside of the community. These parks are located to take advantage of special natural settings. Town’s district parks are illustrated on the Town Comprehensive Plan. District parks are purchased and developed by the Town.
5. Trails. The trail system shall link neighborhoods, parks, schools, open spaces, employment centers, community facilities and neighboring communities and thus provide important transportation connections as well as recreational opportunities and access. Developers must provide trails in all areas designated “Parks and Trails” on the Town Comprehensive Plan as well as connections to the Town’s trail system and destinations within the neighborhood.
6. Regional Open Space. Town’s regional open space system includes: Town drainage ways, floodplains, natural areas, natural area buffer zones, wetlands, subsidence areas, agriculture preservation areas and lands of archeologic or historic significance. Access is generally limited to trails, educational signs and similar improvements.
7. Storm Drainage Facilities. Storm drainage facilities, including stormwater detention and stormwater retention ponds, may function as open space for active recreation, trail corridors or habitat enhancement areas if they are designed appropriately. Credit toward the open space dedication requirements will be considered on a case-by-case basis by the Town Council at the time of platting.
C. General Provisions.
1. Open Space Should Serve as the Neighborhood Focus. Open space, such as the Town drainage ways and developed parks and plazas, shall be used to organize and focus lot, block and circulation patterns and to enhance surrounding development. Street, block, lot and building patterns shall respond to the views, landscape and recreational opportunities provided by the open space.
2. Public Access. Areas designated as public open space shall be both visibly and physically accessible to the community. Public access shall be provided to all public open space, natural and developed, directly from the public street and trail system. Open space areas shall be bounded along at least fifty (50) percent of the perimeter by a street, except for pocket parks, unless otherwise authorized by the Town Council. Pocket parks shall be integrated into the neighborhood design and be accessible to pedestrians and bicyclists.
3. Buildings Shall Front Public Open Space. Development adjacent to open spaces shall front onto the area as much as possible, so that the areas are not enclosed by back yards. In the case of conservation subdivisions, open space frontage shall be appropriate to the design and character of the development. Open space and trail areas shall have a minimum of three hundred (300) feet of street frontage unless otherwise authorized by the Town Council.
4. Buffering. Appropriate buffering and setbacks shall be used between environmental resources and proposed development to ensure that the proposed development does not degrade the existing habitat. Developers shall provide an open space buffer zone around all natural areas unless otherwise authorized by the Town Council. The size of the buffer zone shall be in accordance with studies prepared by the Colorado Division of Wildlife or a qualified wetland/wildlife ecologist employed by the Town and paid for by the developer.
5. Open Space Uses. Uses designated within the open space shall be appropriate to the context and character of the site and the intensity of the proposed development.
6. Ownership and Maintenance of Open Space. Ownership and maintenance of public open space shall be determined by the Town on a case by case basis through the review process.
a. Generally, the Town shall own and maintain neighborhood parks, community parks, district parks and public trails.
b. Pocket parks, shall be owned by the Town and maintained by a homeowners association or the landowner.
c. Landscaped outlots and private recreational facilities shall be owned and maintained by a homeowners association or the landowner.
d. Environmentally sensitive, archaeologic and historic resources may be dedicated to the Town and maintained by the Town if approved by the Town Council.
e. Stormwater detention and retention areas that function as open space shall be owned and maintained by a homeowners association or the landowner, unless otherwise approved by the Town.
f. Areas designated as open space shall be maintained according the designated function of the area. Applicants shall work with the National Resources Conservation Service to develop a management plan which addresses: irrigation, revegetation, erosion control, and weed management. If the area is to remain in private ownership, a mechanism which will assure maintenance will be funded in perpetuity must be in place at the time of final plat.
7. Open Space Protection. Areas designated as open space shall be protected by a deed restriction or other appropriate method to ensure that they cannot be subdivided or developed in the future and remain open in perpetuity. They may be dedicated to the public or held in private ownership. Appropriate ownership will be determined through the review process in cooperation with the landowner. Future use may include recreational or agricultural activities if approved by the Town.
D. Open Space Requirements.
1. Open space requirements are intended to provide a unified network of public and private facilities to serve the needs of the residents. Public land dedication requirements are identified in subsection (D)(3)(b) below. Open space includes both private and public lands as follows:
a. Areas within the community designated for the common use of the residents of an individual development and/or the community at large;
b. Areas designated for preservation and protection of environmental resources including floodplains, natural drainage ways, and wetland areas;
c. Areas impacted by subsidence;
d. Areas designated for agricultural preservation; and
e. Areas of archeologic and historic significance.
2. Open Space Shall Not Include the Following:
a. Required setback areas around oil and gas production facilities;
b. Disconnected remnants of land created by division of sites into lots or parcels that do not qualify as functional open space or that preserve environmental resources, unless approved by the Town Council;
c. Private yards;
d. Tree lawns in street rights-of-way; or
e. Required parking lot landscaping associated with all uses, except parking specifically designated for access to open space areas and within commercial/industrial projects.
3. Amount of Open Space Required. The amount of functional open space required in each development will be based on the density of the development, the recreational requirements of the anticipated users and the anticipated opportunities for public recreation within walking distance of the site (¼ mile). However, all residential subdivisions shall dedicate a minimum of twelve (12) percent of the gross land area for public parks, trails, open space or other civic purposes at the time of subdivision. This dedication can be credited toward the overall open space required for the subdivision.
a. Single-Family Residential Developments. The developer shall provide:
i. A minimum of twenty (20) percent of the gross land being subdivided as functional open space which may include: pocket parks, trails, recreational amenities, homeowner association owned landscaped areas (excluding parking lots), natural areas and amenities for residents or other civic purposes;
ii. One (1) centrally-located pocket park for every two hundred (200) residential units;
iii. The land for one (1) neighborhood park within one-quarter (¼) mile radius of the proposed homes (general locations are shown on the Town Comprehensive Plan); or a fair-share, cash-in-lieu contribution for the cost of the neighborhood park that will serve the development; and
iv. An internal trail system and the trails designated on the Town Comprehensive Plan.
b. Multi-Family Residential Developments. The developer shall provide:
i. A minimum of twenty-five (25) percent of the gross land being subdivided as functional open space which may include: pocket parks, trails, recreational amenities, homeowner association or landowner owned landscaped areas (excluding parking lots), natural areas and amenities for residents or other civic purposes;
ii. One (1) centrally-located pocket park for every two hundred (200) residential units;
iii. The land for one (1) neighborhood park within one-quarter (¼) mile radius of the proposed homes (general locations are shown on the Town Comprehensive Plan); or a fair-share, cash-in-lieu contribution for the neighborhood park that will serve the development; and
iv. An internal trail system and trails designated on the Town Comprehensive Plan.
c. R Developments. The developer shall provide:
i. A minimum of twenty-five (25) percent of the gross land being subdivided as functional open space which may include: pocket parks, plazas, trails, recreational amenities, homeowner association-owned landscaped areas (excluding parking lots), natural areas and amenities for residents or other civic purposes;
ii. One (1) centrally-located pocket park for every two hundred (200) units;
iii. The land for one (1) neighborhood park within one-quarter (¼) mile radius of the proposed homes (general locations are shown on the Town Comprehensive Plan); or a fair-share, cash-in-lieu contribution for the neighborhood park that will serve the development; and
iv. An internal trail system and trails designated on the Town Comprehensive Plan.
d. Planned Unit Developments (PUD). The developer shall provide:
i. A minimum of twenty-five (25) percent of the gross land being developed as common functional open space which may include: pocket parks, trails, homeowner association or landowner owned landscaped areas (excluding parking lots), natural areas and amenities for residents and other civic purposes;
ii. One (1) centrally-located pocket park for every two hundred (200) residential units;
iii. Land for one (1) neighborhood park within one-quarter (1/4) mile radius of the proposed homes (general locations are shown on the Town Comprehensive Plan); or a fair-share, cash-in-lieu contribution for the neighborhood park that will serve the development; and
iv. An internal trail system and trails designated on the Town Comprehensive Plan.
Part 5
Fences and Walls
14.08.110 Fences and Walls.
A. General Provisions.
1. Materials.
a. Stone walls, or brick walls with a stone or cast stone cap, treated wood fences, decorative metal, cast iron fences, stucco walls, and stone piers are encouraged. Solid walls and fences are permitted only in rear and side yards. Retaining walls are permitted where required for landscaping or architectural purposes. Hedges may be used in the same manner and for the same purposes as a fence or wall.
b. Fences used in front yards shall be at least fifty (50) percent open. Allowable fences are split rail, wrought iron, picket, or other standards residential fences of a similar nature approved by the Building Inspector.
c. Solid fences shall be constructed to meet the wind design criteria of the adopted International Building Code, using a basic wind speed of eighty (80) miles per hour.
d. Other materials may be incorporated in fences and walls as may be approved by the Town.
2. Prohibited Materials. Contemporary security fencing such as concertina or razor wire, or barbed wire, or electrically-charged fences are prohibited unless specifically allowed by the Town Council. Chain link fencing with or without slats shall not be used as a fencing material for screening purposes without approval by the Town Council.
3. Retaining Walls. Retaining walls shall be designed to resist loads due to the lateral pressure of retained material in accordance with accepted engineering practice and shall not be unsightly or detrimental to abutting property.
4. Height Limitations. Fences or walls shall be:
a. No more than forty-two (42) inches high between the front building line and the front property line. Walls shall not be solid except for retaining walls. For corner lots, front yard fence regulations shall apply to both street sides of lot.
b. No more than forty-two (42) inches high if located on a side yard line in the front yard, except if required for demonstrated unique security purposes. Fences and walls shall not be solid, except for retaining walls.
c. No more than five (5) feet high for an opaque privacy fence located on a rear property line or on a side yard line in the rear yard.
d. No more than six (6) feet high for opaque privacy fences that are located directly adjacent to and integrated with the architecture of the house or connected to a courtyard.
e. No more than thirty (30) inches high when located within the site distance triangle, and fences or walls within this site distance triangle shall not be solid.
f. In the Industrial (I) zone district, a chain link fence is permitted so long as it is not higher than six (6) feet anywhere on the premises and the visibility at the intersection shall be in accordance.
g. Fences around a recreation court (e.g. tennis, squash racket, squash tennis or badminton) or around a publicly-owned recreation area may exceed six (6) feet in height if the fence is at least fifty (50) percent open.
5. Maintenance. Dilapidated, unsightly or dangerous fences shall be removed or repaired when so ordered by the Building Inspector. Hedges shall be maintained in a healthy condition, trimmed and pruned as appropriate for the plant type. Dead plant material in hedges shall be removed or replaced as appropriate when so ordered by the Building Inspector. Hedges shall not encroach upon sidewalks or street rights-of-way.
B. Warranty Period. The warranty period for perimeter fences along arterial and collector streets shall be two (2) years. Provision for compliance shall be as outlined in the warranty section of the Development Agreement for Public Improvements.
Part 6
Sanitary Sewer
14.08.120 Sanitary Sewer Standards.
All residential, commercial and industrial uses which have human occupancy shall have sanitary sewer. The sanitary sewer system shall be connected to the Town’s existing public sanitary sewer system and shall consist of a closed system of sanitary sewer mains and lateral branch connections to each structure or lot upon which a structure is to be built. Sanitary sewer lines are to be of sufficient size and design to collect all sewage from all proposed or portable structures within the subdivision or development. On a case-by-case basis, the Town Council may approve individual sewage disposal systems that comply with Moffat County Health Department standards. However, no new addition, upgrade or major repair to an individual sewage disposal system will be permitted if the property is located within four hundred (400) feet of a municipal collection line, measured through existing sewer easements or utility rights-of-way, except where such connection is not feasible or has been denied by the Town.
Part 7
Potable Water
14.08.130 Potable Water Standards.
All residential, commercial and industrial uses, which have human occupancy, shall have potable water served by the Town. The water system shall be of sufficient size and design to supply potable water to each structure or lot upon which a structure is to be built.
Part 8
Fire Hydrants
14.08.140 Fire Hydrant Standards.
The subdivider shall install fire hydrants at street intersections and at other points as per the requirements of the Fire Department of the Town. Fire hydrants shall have national standards threads, two and one‑half (2½) inch outlets and four and one‑half (4½) inch or six (6) inch streamers.
- 14.09 Permits, Licenses and Inspections for Mobile Homes
-
14.09.010 Mobile/Modular Home Permits Required.
14.09.020 Application.
14.09.030 Issuance of Permits.
14.09.040 Inspection.
14.09.050 Denial of Permit.
14.09.060 Mobile Home and Travel Trailer Park Licenses Required.
14.09.070 Transfer of Interest.
14.09.080 Compliance with Title Required.
14.09.090 Application.
14.09.100 Denial of License.
14.09.110 Inspections for Mobile Home and Travel Trailer Parks.
14.09.010 Mobile/Modular Home Permits Required.
Persons will be required to obtain a mobile home permit from the Town Building Inspector prior to the siting of a mobile home within the Town of Dinosaur. In order to obtain such a permit, the applicant must be able to represent to the Building Inspector that his plans are in accordance with municipal standards as set forth in this Title and pay a one-time fee of fifteen dollars ($15.00).
(Ord. 60, Art. VII, §701.1, 1983)
14.09.020 Application.
The application for a Mobile/Modular Home permit shall include the following information:
A. Name and address of applicant.
B. Location and legal description of lot upon which mobile home is to be situated.
C. Name and address of property owner.
D. Development of plans.
1. Description of mobile/modular home (dimensions, condition, etc.)
2. Location of mobile/modular home.
(Ord. 60, Art. VII, §701.2, 1983)
14.09.030 Issuance of Permits.
When, upon review of the application, the Town Building Inspector is satisfied that the proposed plan meets the requirements of this Title and other applicable Codes, a permit shall be issued. All permits shall include:
A. Job address, or lot number and block number where no address exists.
B. Name of the owner.
C. Amount paid by applicant.
D. Date permit issued.
E. Date permit expires.
F. Development stipulations:
1. When skirting required.
2. When inspections (water, sewer, gas pressure, electrical) required.
3. Information on required or approved:
a. Setbacks
b. Ground Cover
c. Drainage
d. Refuse Containers
e. Landings and Stairs
f. Skirting Material
g. Permanent Foundations
h. Appliance Ventilation
G. The signature of the Building Inspector. Before water and sewer taps can be made for mobile/modular homes to be located on individual lots (not within a mobile home or travel trailer park) a building permit must have been issued.
(Ord. 60, Art. VII, §701.3, 1983)
14.09.040 Inspection.
A. Before a mobile/modular home can be installed upon a suitable footing on a Single Family Residential Lot, the owner shall notify the Building Inspector, requesting an inspection. The Building Inspector shall inspect such mobile/modular home to assure it meets the requirements as discussed in this Title, and approve it for placement in the community.
B. After a mobile/modular home has been installed on its stand, the owner shall notify the Building Inspector, requesting an installation inspection. The Building Inspector shall inspect the piers, blocking, and the utilities connections, as well as plans for skirting, which will be required to comply with the stipulations stated in Section 14.04.160 of this Title. If approved, the Building Inspector shall issue a Certificate of Occupancy.
C. No mobile/modular home shall be occupied until a Certificate of Occupancy has been issued by the Building Inspector.
(Ord. 60, Art. VII, §701.4, 1983)
14.09.050 Denial of Permit.
Any person whose application for a mobile/modular home permit under this Title has been denied may request and shall be granted a hearing on the matter under procedure provided in Section 14.01.180.
(Ord. 60, Art. VII, §701.5, 1983)
14.09.060 Mobile Home and Travel Trailer Park Licenses Required.
It shall be unlawful for any person to administer any Mobile Home Community within the limits of the Town unless he holds a valid license issued annually by the Zoning Enforcement Official in the name of such person for the specific Mobile Home Community. All applications for licenses shall be made to the Zoning Enforcement Official, who shall issue a license upon compliance by the applicant with provisions of this Title. Said license should be valid for the calendar year in which it is issued, expiring on the 31st day of December of that year.
(Ord. 60, Art. VII, §702.1, 1983)
14.09.070 Transfer of Interest.
Every person holding a license shall give notice in writing to the Zoning Enforcement Official within twenty-four (24) hours after having sold, transferred, given away, or otherwise disposed of interest in or control of any Mobile Home Community. Such notice shall include the name and address of the person succeeding to the ownership or control of such Mobile Home Community. Upon application in writing for transfer of the license and deposit of a fee of twenty-five dollars ($25.00), the license shall be transferred if the Mobile Home Community is in compliance with all applicable provisions of this Title.
(Ord. 60, Art. VII, §702.2, 1983)
14.09.080 Compliance with Title Required.
The person to whom a Mobile Home or Travel Trailer Park License is issued shall at all times operate the park in compliance with this Title and regulations issued thereunder, and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition at all times.
(Ord. 60, Art. VII, §702.3, 1983)
14.09.090 Application.
A. Application for original licenses shall be in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of a fee of twenty-five dollars ($25.00) and shall contain:
1. The name and address of the applicant;
2. The location and legal description of the Mobile Home Park;
3. A site plan, showing all Mobile Home stands, structures, roads, and other service facilities.
B. Applications for renewal of licenses shall be made in writing by the holders of the licenses, shall be accompanied by the deposit of a fee of twenty-five dollars ($25.00) and shall contain any change in the information submitted since the original license was issued or the latest renewal granted.
(Ord. 60, Art. VII, §702.4, 1983)
14.09.100 Denial of License.
Any person whose application for a license under this Title has been denied may request and shall be granted a hearing on the matter before the Zoning Enforcement Official under the procedure provided by Section 14.01.180 of this Title.
(Ord. 60, Art. VII, §702.5, 1983)
14.09.110 Inspections for Mobile Home and Travel Trailer Parks.
Whenever, upon inspection of any Mobile Home Community, the Zoning Enforcement Official finds that conditions or practices exist which are in violation of this Title, the Zoning Enforcement Official shall give notice in writing in accordance with Section 14.01.180 to the person to whom the license was issued that unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the Zoning Enforcement Official, the license shall be suspended. At the end of such a period, the Zoning Enforcement Official shall reinspect such Mobile Home Community and, if such conditions or practices have not been corrected, he shall suspend the license and give notice in writing of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension, such person shall cease administration of such Mobile Home Community except as provided in Section 14.01.200 of this Title.
(Ord. 60, Art. VII, §702.6, 1983)
- 14.10 Sign Code
-
14.10.010 Purpose/Intent.
14.10.020 Sign Permits and Administration.
14.10.030 Enforcement.
14.10.040 Exempt Signs.
14.10.050 Prohibited Signs.
14.10.060 Measurements of Sign Area and Height.
14.10.070 Sign Design.
14.10.080 Installation and Maintenance.
14.10.090 Standards for Specific Types of Signs.
14.10.100 Sign Standards by Zoning District.
14.10.101 Sign Standards Matrix-Permitted, Exempt or Prohibited.
14.10.102 Sign Area Matrix.
14.10.103 Sign Illumination Matrix.
14.10.104 Sign Height Matrix.
14.10.110 Creative Signs.
14.10.010 Purpose/Intent.
A. The regulations in this Chapter are intended to coordinate the use, placement, physical dimensions, and design of all signs within the Town. The purpose of these regulations is to:
1. Recognize that signs are a necessary means of visual communication for the convenience of the public and provide flexibility within the sign review/approval process to allow for unique circumstances and creativity.
2. Recognize and ensure the right of those concerned to identify businesses, services and other activities by the use of signs, and limit signs to those which are accessory and incidental to the use on the premises where such signs are located.
3. Provide a reasonable balance between the right of an individual to identify his or her business and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs and similar devices.
4. Protect the public from damage or injury caused by signs that are poorly designed or maintained and from distractions or hazards to pedestrians or motorists caused by the indiscriminate placement or use of signs.
5. Ensure signs are well designed and contribute in a positive way to the Town’s visual environment, express local character, and help develop a distinctive image for the Town.
6. Encourage signs that are responsive to the aesthetics and character of their particular location, adjacent buildings and uses, and the surrounding neighborhood. Ensure signs are compatible and integrated with the building’s architectural design and with other signs on the property.
7. Ensure signs are appropriate for the type of street on which they are located.
8. Bring nonconforming signs into compliance with these regulations.
14.10.020 Sign Permits and Administration.
A. Sign Permit Required. To ensure compliance with the regulations of this Chapter, a sign permit shall be required in order to erect, move, alter, reconstruct or repair any permanent or temporary sign, except signs that are exempt from permits in compliance with Section 14.10.040 (Exempt Signs). In multiple tenant buildings, a separate permit shall be required for each business entity’s sign(s). Separate building and electrical permits may be required for signs and will be determined on a case-by-case basis. Changing or replacing the copy on an existing lawful sign shall not require a permit, provided the copy change does not change the nature of the sign or render the sign in violation of this Chapter.
B. Application for a Sign Permit.
1. Sign Permit Application Requirements. Applications for sign permits shall be made in writing on forms furnished by Staff. The application shall contain:
a. The location by street number and the legal description of the proposed sign structure;
b. Names and addresses of the owner, sign contractor and erectors;
c. Legible site plans which include the specific location of the sign and setbacks to adjacent property lines and buildings;
d. A detailed drawing indicating the dimensions, materials, and colors of the proposed sign structure. A certification by a structural engineer may be required by Staff for a freestanding or projecting sign;
e. A graphic drawing or photograph of the sign copy;
f. A description of the lighting to be used, if applicable;
g. Proof of public liability insurance covering freestanding signs and projecting wall signs;
h. If the sign is to be located off the premises advertised, a written lease or permission from the property owner of the site on which the sign will be located; and
i. Sign permit fee and plan check fee as established by the current fee schedule. The applicant shall pay all costs billed by the Town relative to the review of the application.
2. Sign Permit Application Certification of Completion. Within a reasonable time of the date of application submission, Staff shall either certify the application is complete and in compliance of all submittal requirements or reject it as incomplete and notify the applicant in writing of any deficiencies.
3. Staff Review and Approval. When Staff has determined the application to be complete, Staff shall review the sign permit in accordance with the established review criteria and has the authority to approve, approve with conditions or deny the sign permit. Upon Staff’s approval of the sign permit, the sign permit and any building or electrical permits required for the sign shall be issued to the applicant.
C. Sign Permit Review Criteria. The following review criteria will be used by Town Staff to evaluate all sign permit applications:
1. Sign meets the requirements of this Chapter;
2. Sign conforms to the requirements of the building and electrical code;
3. Sign conforms to the size, height, material and location requirements of the Zoning Code for the zoning district in which it is located;
4. Sign would not interfere with pedestrian or vehicular safety;
5. Sign would not detract from the character of an architecturally significant or historic structure;
6. Sign would not be located so as to have a negative impact on adjacent property;
7. Sign would not detract from the pedestrian quality of street or area; and
8. Sign would not add to an over-proliferation of signs on a particular property or area.
D. Appeal of Sign Permit Denial or Approval with Conditions. Any appeal of Staff’s denial of a sign permit or approval with conditions shall be made to the Board of Adjustment as provided in these Land Use Regulations.
E. Waivers. Any request for an increase in the maximum allowable area for a sign, or for signs not expressly permitted in these regulations, must be approved through a waiver granted by the Town Council.
14.10.030 Enforcement.
A. Discontinued Establishments; Removal of Signs. Whenever a business, industry, service or other use is discontinued, the sign(s) pertaining to the use shall be removed or obscured by the person or entity owning or having possession over the property within ninety (90) days after the discontinuance of such use.
B. Illegal Signs.
1. Penalties. Illegal signs shall be subject to the administrative remedies of the Town Municipal Code.
2. Removal of illegal signs in the public right-of-way. The Town may cause the removal of any sign within the public right-of-way or on property that is otherwise abandoned that has been placed there without first complying with the requirements of this Chapter.
3. Storage of removed signs. Signs removed in compliance with this Section shall be stored by the Town for thirty (30) days, during which they may be recovered by the owner only upon payment to the Town for costs of removal and storage. If not recovered within the thirty (30)-day period, the sign and supporting structure shall be declared abandoned and title shall vest with the Town. The costs of removal and storage (up to thirty [30] days) may be billed to the owner. If not paid, the applicable costs may be imposed as a tax lien against the property.
14.10.040 Exempt Signs.
The following types of signs are exempt from permit requirements of this Chapter and may be placed in any zoning district subject to the provisions of this Chapter. Such signs shall otherwise be in conformance with all applicable requirements contained in this Chapter. All such signs (except government signs) shall be located outside a street right-of-way. Signs shall not interfere with traffic signs or the sight distance triangle at intersections. Evidence of owner’s permission to install sign may be required if the Town checks for the sign’s compliance with this Chapter. All other signs shall be allowed only with permit and upon proof of compliance with this Chapter.
1. Signs that are not visible beyond the boundaries of the lot or parcel upon which they are located and/or from any public thoroughfare or right‑of‑way shall be exempt from the provisions of this Chapter, except that such signs shall be subject to the safety regulations of the International Building Code and the National Electrical Code.
2. Address. Nonilluminated signs not to exceed two (2) square feet in area which identify the address and/or occupants of a dwelling unit or of an establishment.
3. Architectural Features. Integral decorative or architectural features of buildings so long as such features do not contain letters, trademarks, moving parts or lights.
4. Art. Integral decorative or architectural features of buildings; works of art; so long as such features or works do not contain letters, trademarks, moving parts or lights.
5. Banners. Banners applied to paper, plastic or fabric used to decorate or attract attention to a business establishment, provided:
a. The signs are displayed in conjunction with a grand opening celebration for a period not to exceed thirty (30) days, or
b. The signs are displayed in conjunction with a special sale for a period not to exceed thirty (30) days.
c. The signs are displayed no more than two (2) times per calendar year per establishment.
d. The banner shall be securely attached to the wall of the establishment, freestanding signs or light poles on private property.
e. One (1) banner per street frontage per establishment shall be permitted.
6. Building Identification, Historical Markers. Nonilluminated signs constructed of metal or masonry which are permanently affixed to buildings or structures for the purpose of identifying the name of a building, date of erection or other historical information as approved by Staff.
7. Bulletin Board. Bulletin board signs not exceeding fifteen (15) square feet in gross surface area accessory to a church, school, or public or nonprofit institution.
8. Construction. Temporary construction signs provided that:
a. Signs in conjunction with any residential use shall not exceed eight (8) square feet each.
b. Signs in conjunction with all other uses shall have a maximum area of thirty-two (32) square feet each.
c. Only one (1) such sign oriented per street front per premises shall be erected. Any two such signs located on the same premises shall be located at least one hundred (100) feet apart as measured by using a straight line.
d. Such signs shall not be illuminated.
e. Such signs shall only appear at the construction site.
f. Such signs shall be removed within seven (7) days after completion of the project.
9. Courtesy. Nonilluminated or indirectly illuminated signs which identify, as a courtesy to customers, items such as credit cards accepted, redemption stamps offered, menus or prices; limited to one (1) such sign for each use, not to exceed four (4) square feet per face or eight (8) square feet in total area. Such signs may be attached to the building, as projecting or wall signs, suspended from a canopy or included as an integral part of a freestanding sign.
10. Decorations (Holiday). Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, state, local or religious holiday or celebration; provided that such signs shall be displayed for not more than sixty (60) days in any one (1) year; and may be of any type, number, area, height, location, illumination or animation.
11. Directional. On-premise directional and instructional signs not exceeding six (6) square feet in area apiece.
12. Doors. Signs affixed to door glass which identify the name and/or address of an establishment.
13. Farm Products. Temporary farm product signs provided that:
a. One on-premises sign may be used. Said sign shall be located off the street right-of-way and at least ten (10) feet away from any side lot line. Such sign shall have a maximum area of nine (9) square feet and may not be illuminated.
b. A maximum of two (2) off-premise signs shall be permitted. Said off-premise signs may be no greater than four (4) square feet apiece and shall not be illuminated. No such sign shall be allowed in the street right-of-way nor within ten (10) feet of a side lot line.
14. Flags. Flags, crests or banners of nations, or organizations of nations, or states and cities, or professional fraternal, religious, or civic organizations, except when displayed in connection with commercial promotion.
15. Garage, Estate, Yard Sale or Farm Auction. Signs which advertise a private garage or yard sale on the lot on which the sign is located; provided such signs are displayed no more than twice per year per dwelling unit for a period not to exceed three (3) days.
16. Hazards. Temporary or permanent signs erected by the Town, public utility companies, oil and gas companies, or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices.
17. Memorial. Memorial signs, plaques or grave markers which are noncommercial in nature.
18. Merchandise. Merchandise, pictures or models of products or services which are incorporated as an integral part of a window display.
19. Notice Boards. Notice Boards for public or religious institutions or other uses as approved by Staff and primarily intended for pedestrians.
20. Oil and gas operation. Identification signs for any oil and gas operation.
21. Political. Political signs displayed on private property in accordance with an official election or signs erected on behalf of candidates for public office provided:
a. The total area of all such signs on a lot does not exceed sixteen (16) square feet.
b. All such signs may be erected no sooner than sixty (60) days in advance of the election for which they were made.
c. The signs are removed within seven (7) days after the election for which they were made.
d. The property owner upon whose land the sign is placed shall give written permission for the placement of said signs and will be responsible for violations.
22. Public Information. Signs which identify restrooms, public telephones or provide instructions as required by law or necessity, provided the sign does not exceed two (2) square feet in area or as approved by Staff and is nonilluminated, internally illuminated or indirectly illuminated. (This category shall be interpreted to include such signs as “no smoking,” “restrooms,” “no solicitors,” “self-service” and similar informational signs.)
23. Religious Symbols. Religious symbols located on a building or lot used for organized religious services.
24. Regulatory Signs. Regulatory signs erected on private property, such as “no trespassing” signs, which do not exceed two (2) square feet per face or four (4) square feet in total surface area, limited to four (4) such signs per use or per building, whichever is the greater number.
25. Sale, Lease, Rent. Temporary signs used to offer for sale, lease or rent the land or buildings upon which the sign is located provided:
a. One (1) sign per street frontage advertising real estate ("For Sale", "For Rent", "For Lease" or "For Development") not greater than eight (8) square feet in area in a residential district and thirty-two (32) square feet in area in nonresidential districts may be located on the property being advertised so long as said sign is located behind the street right-of-way line. If the property so advertised lies on a corner lot or double frontage lot, then a second sign may be oriented along the second street so long as the two signs are at least one hundred (100) feet apart as measured by the shortest straight line.
b. In addition to the on-site real estate sign(s), a maximum of three (3) directional signs, each not exceeding four (4) square feet in area, shall be permitted off the subject premises. Such signs must be placed outside all existing right-of-ways. The message of said signs shall be limited to the name of the property or development being advertised, an address, a telephone number, a directional arrow, mileage to the subject property, and the terms "Lot/Home For Sale", "For Rent", "For Lease", "For Development", etc.
c. No more than three (3) temporary directional signs advertising a specific planned commercial or mixed use development, subdivision, multi-family development, etc. may also be permitted offsite. Each such sign may have a maximum area of four (4) square feet and shall be placed outside all existing right-of-ways.
d. All such temporary signs shall be removed within seven (7) days after the real estate closing or lease transaction.
e. No sign allowed under this subsection shall be lighted.
26. Scoreboards. Scoreboards for athletic fields.
27. Special Events. Temporary special event signs and banners for religious, charitable, civic, fraternal or similar non-profit or not-for-profit organizations provided that:
a. Signs shall be erected no sooner than thirty (30) days prior and removed no later than seven (7) days after the event.
b. No such sign shall exceed thirty-two (32) square feet.
c. No such sign shall be illuminated.
d. All such signs shall be located off the street right-of-way, unless otherwise granted permission for such location by the Town or the Colorado Department of Transportation (CDOT). In no case may any such sign impede the view or travel of any motorists or pedestrians or be attached to any structure within the right-of-way (government signs, telephone poles, etc.)
28. Strings of Light Bulbs. Displays of string lights, provided:
a. They are decorative displays which only outline or highlight landscaping or architectural features of a building.
b. They are steady burning, clear, noncolored bulb lights. No blinking, flashing, intermittent changes in intensity or rotating shall be permitted.
c. They are no greater in intensity than five (5) watts.
d. They shall not be placed on or used to outline signs, sign supports, awnings and/or canopies.
e. They shall not be assembled or arranged to convey messages, words, commercial advertisements, slogans and/or logos.
f. They shall not create a safety hazard with respect to placement, location of electrical cords or connection to power supply.
g. They shall be placed only on private property.
h. They shall be maintained and repaired so that no individual light bulb is inoperative. In the event the bulbs are not maintained or repaired, the string lights may be removed at the expense of the owner after giving notice to the owner pursuant to this Chapter.
29. Text. No permit shall be required for text or copy changes on conforming or legal nonconforming signs specifically designed to permit changes of the text or copy; provided that no structural changes are made to the sign, and provided that the name of the business to which the sign belongs is not changed.
30. Time and Temperature. Signs displaying time and temperature devices provided they are not related to a product.
31. Traffic Control. Signs for the control of traffic or other regulatory purposes including signs for the control of parking on private property, and official messages erected by, or on the authority of, a public officer in the performance of his/her duty.
32. Vacancy and No Vacancy. All “vacancy” and “no vacancy” signs, where they are nonilluminated, internally illuminated, indirectly illuminated or directly illuminated signs; provided that the area of the sign does not exceed two and one-half (2½) square feet per face. Also, signs designed to indicate vacancy such as “yes,” “no” or “sorry” shall also be exempt under the provisions of this paragraph if they meet the area requirement.
33. Vehicular For Sale Signs. Motor vehicle for sale signs provided there is only one (1) sign per vehicle, the sign does not exceed two (2) square feet, and the vehicles are located in approved sales lots.
34. Vehicular Signs. Signs displayed on trucks, buses, trailers or other vehicles which are being operated or stored in the normal course of a business, such as signs indicating the name of the owner or business which are located on moving vans, delivery trucks, rental trucks and trailers and the like, shall be exempt from the provisions of this Chapter, provided that the primary purpose of such vehicles is not for the display of signs, and provided that they are parked or stored in areas appropriate to their use as vehicles.
35. Vending Machine Signs. A sign permit shall not be required for vending machine signs provided that the advertisement upon the vending machine sign is limited to the product vended.
14.10.050 Prohibited Signs.
The following signs are inconsistent with the purposes and standards in this Chapter and are prohibited in all zoning districts.
1. Flashing, rotating, blinking or moving signs, animated signs, signs with moving, rotating or flashing lights or signs that create the illusion of movement, except for time and temperature devices.
2. Any sign that is erected in such a location as to cause visual obstruction or interference with motor vehicle traffic, or traffic-control devices including any sign that obstructs clear vision in any direction from any street intersection or driveway.
3. Mechanical or electrical appurtenances, such as “revolving beacons", that are designed to compel attention.
4. Roof signs.
5. Any sign other than traffic control signs erected, constructed, or maintained within, over or upon the right-of-way of any road or highway, except in the case of a sign for which a permit has been issued with the requirements of this Chapter.
6. Off-premise advertising signs or any other sign not pertinent and clearly incidental to the permitted use on the property where located, except for temporary subdivision directional signs and political signs, and except for signs permitted in Section 14.10.090 (Standards for Specific Types of Signs).
7. Any sign which interferes with free passage from or obstructs any fire escape, downspout, window, door, stairway, ladder or opening intended as a means of ingress or egress or providing light or air.
8. Any sign located in such a way as to intentionally deny an adjoining property owner visual access to an existing sign.
9. Vehicle-mounted signs, including but not limited to, signs painted on or attached to semi-trailers or cargo containers when exhibited on private property adjacent to public right-of-way for the purpose of advertising the business or services offered on the property. Vehicle-mounted signs used in connection with a special event are exempted from the requirements of this section during the duration of the special event only. Upon the conclusion of the special event, such signs must be dismantled. For the purposes of this subsection, the term special event shall mean a parade, circus, fair, carnival, festival, farmers’ market or other similar event that is different in character from the customary or usual activities generally associated with the property upon which the special event is to occur.
10. Portable signs or signs not permanently affixed or attached to the ground or to any structure, except for real estate signs attached to posts driven into the ground, window signs and temporary barriers.
11. Rotating signs.
12. Searchlights.
13. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy.
14. Inflatable freestanding signs or tethered balloons.
15. Fabric signs, flags, pennants or banners when used for commercial advertising purposes except as permitted in Section 14.10.040 (Exempt Signs).
16. Electronic message boards except governmental signs.
17. Wind signs.
18. Any sign (together with its supporting structure) now or hereafter existing which, ninety (90) days or more after the premises have been vacated, advertises an activity, business, product or service no longer produced or conducted upon the premises upon which such sign is located. If the sign or sign structure is covered or the identifying symbols or letters removed, an extension of time may be granted by the Building Official upon good cause for such extension being shown. (This provision shall not apply to permanent signs accessory to businesses which are open only on a seasonal basis, provided that there is clear intent to continue operation of the business).
19. Any sign or sign structure which:
a. Is structurally unsafe;
b. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation;
c. Is not kept in good repair; or
d. Is capable of causing electrical shocks to persons likely to come in contact with it.
20. Any sign or sign structure which:
a. In any other way obstructs the view of, may be confused with or purports to be an official traffic sign, signal or device or any other official sign;
b. Uses any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering a motor vehicle;
c. Creates in any other way an unsafe distraction for motor vehicle operators; or
d. Obstructs the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley or other thoroughfare.
14.10.060 Measurements of Sign Area and Height.
A. Sign Surface Area. The area of a geometric shape enclosing any message, logo, symbol, name, photograph or display face shall be measured using standard mathematical formulas. Time and temperature devices shall not be included within the measurement of maximum sign area.
B. Sign Support. Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.
C. Back-to-Back (Double-Faced) Signs. Back-to-back signs shall be regarded as a single sign only if mounted on a single structure, and the distance between each sign face does not exceed two (2) feet at any point.
D. Three-Dimensional Signs. Where a sign consists of one or more three-dimensional objects (i.e. balls, cubes, clusters of objects, sculpture), the sign area shall be measured as their maximum projection upon a vertical plane. Signs with three-dimensional objects that exceed a projection of six (6) inches from the sign face may be approved in compliance with Section 14.10.110 (Creative Signs).
E. Wall Signs. If a sign is attached to a wall, only that portion of the wall onto which the sign face or letters are placed shall be calculated in the sign area.
F. Sign Height. The height of a sign shall be measured from the highest point of a sign to the ground surface beneath it. When berms are used in conjunction with signage, the height of the sign shall be measured from the mean elevation of the fronting street.
Figure 7-2
14.10.070 Sign Design.
A. Design Compatibility.
1. Creative design encouraged. Signs shall make a positive contribution to the general appearance of the street and commercial area in which they are located. A well-designed sign can be a major asset to a building. The Town encourages imaginative and innovative sign design. The creative sign application procedure (Section 14.10.110) is specifically designed for artistic and unusual signs that might not fit the standard sign regulations and categories.
2. Professional. Signs shall be made by a professional sign company or other qualified entity.
3. Proportionate size and scale. The scale of signs shall be appropriate for the building on which they are placed and the area in which they are located. Building signs shall be harmonious in scale and proportion with the building facade they are mounted to.
4. Sign location and placement.
a. Visibility. Signs shall not visually overpower nor obscure architectural features.
Figure 7-3
b. Integrate Signs with the Building and Landscaping. Carefully coordinate the sign with the architectural design, overall color scheme and landscaping. Signs shall be designed to complement or enhance the other signs for a building.
c. Unified Sign Band. Whenever possible, signs located on buildings with the same blockface shall be placed at the same height, in order to create a unified sign band. Locate wall signs at the first floor level only for retail uses.
d. Monument Signs. Locate monument signs in a planter setting within a landscaped area at the primary entries to residential, commercial and industrial subdivisions to provide an overall project identity. A maximum of one (1) monument sign per entry is permitted.
e. Pedestrian-Oriented Signs. Pedestrian-oriented signs are encouraged. It is desirable to include a pedestrian-oriented sign as one of the permitted signs for a business. These signs are designed for and directed toward pedestrians so they can easily and comfortably read the sign as they stand adjacent to the business.
f. Road Right-of-Way. No sign shall be erected within the road right-of-way or near the intersection of any road(s) or driveways in such a manner as to obstruct free and clear vision of motorists or pedestrians or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. Signs located at an intersection must be outside of the sight distance triangle.
5. Landscaping. Freestanding signs shall be landscaped at their base in a way harmonious with the landscape concept for the whole site. Landscaping shall form an attractive, dense cluster at the base of the sign that is equally attractive in winter and summer.
6. Reduce Sign Impact. Because residential and commercial uses generally exist in close proximity, signs shall be designed and located so that they have little or no impact on adjacent residential neighborhoods. Small-scale signs are encouraged.
B. Color.
1. Select Colors Carefully. Colors shall be selected to contribute to legibility and design integrity. Sign colors shall complement the colors used on the structures and the project as a whole. Colors or combinations of colors that are harsh and disrupt the visual harmony and order of the street are unacceptable.
2. Use Contrasting Colors. Provide a substantial contrast between the color and the material of the background and the letters or symbols to make the sign easier to read during both the day and night. Light letters on a dark background or dark letters on a light background are most legible.
3. Avoid Using Too Many Colors. Colors or color combinations that interfere with legibility of the sign copy or that interfere with viewer identification of other signs shall be avoided.
C. Materials.
1. Signs Shall be Constructed of Durable, High Quality Architectural Materials. The sign package must use materials, colors and designs that are compatible with the building facade. Sign materials must be of proven durability. Treated wood, painted metal, stone, brick and stucco are the preferred materials for signs.
D. Legibility. Signs shall be adequately legible under the circumstances in which they are primarily seen. The legibility of signs is related to:
1. The speed at which they are viewed;
2. The context and surroundings in which they are seen; and
3. The design, colors and contrast of the sign copy and sign face.
4. The design of the sign including copy, lettering size and style, and colors shall logically relate to the average speed of the traffic which will see it. Signs shall legibly convey their messages without being distracting or unsafe to motorists reading them. Symbols and logos can be used in place of words whenever appropriate.
E. Sign Illumination.
1. Use illumination only if necessary.
2. Sign illumination shall complement, not overpower, the overall composition of the site.
Figure 7-6
3. Use a Direct Light Source. All lighted signs shall have their lighting directed in such a manner as to illuminate only the face of the sign. When external light sources are directed at the sign surface, the light source must be concealed from pedestrians’ and motorists’ “lines of sight.”
Figure 7-7
4. Signs must be illuminated in a way that does not cause glare onto the street and adjacent properties. Signs shall be lighted only to the minimum level for nighttime readability.
5. All lighted signs shall meet all applicable electrical codes and the electrical components used shall bear the label of an approval agency. Additionally, electrical permits shall be obtained for electric signs.
6. Flashing, moving, blinking, chasing or other animation effects shall be prohibited on all signs except time and temperature signs.
7. Neon tubing is an acceptable method of sign illumination for window signs in commercial districts.
8. The use of individually-cut, back-lit letter signs is encouraged.
9. No commercial sign within five hundred (500) linear feet of a pre-existing residential structure may be illuminated between the hours of 11:00 p.m. and 6:00 a.m. A residence shall be deemed “pre-existing” for purposes of this Section if it has a valid building permit in effect for construction of said structure or if construction of said structure was complete on or prior to the effective date of this Chapter.
14.10.080 Sign Installation and Maintenance.
A. Installation.
1. All signs shall be mounted so that the method of installation is concealed.
2. Projecting signs shall be mounted so they generally align with others in the block.
3. All signs and all components thereof, including sign structures and sign faces, shall be kept neatly painted, in a good state of repair and in compliance with all building and electrical codes. The Town may inspect any sign governed by this Chapter and shall have the authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence.
4. Owners of projecting signs extending over public right-of-way shall be required to maintain public liability insurance in an amount to be determined appropriate by the Town, in which the Town is named as an “other insured.”
B. Maintenance.
1. The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign, including any illumination sources in neat and orderly condition, and in a good working order at all times, and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign. The sign must also be in compliance with all building and electrical codes.
2. The owner of any sign regulated by this Chapter shall be required to keep signs and supporting hardware, including temporary signs and time/temperature signs structurally safe, clean, free of visible defects and functioning properly at all times. Repairs to signs shall be equal to or better in quality of materials and design than the original sign.
3. The Town may inspect any sign governed by this Chapter and shall have the authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence.
14.10.090 Standards for Specific Types of Signs.
A.
Awning Signs. An awning sign is a wall sign which is painted, stitched, sewn or stained onto the exterior of an awning. An awning is a movable shelter supported entirely from the exterior wall of a building and composed of nonrigid materials except for the supporting framework.1. Location. Signs may be placed only on awnings that are located on first- and second-story building frontages, including those fronting a parking lot or pedestrian way. No awning sign shall project beyond, above or below the face of an awning.
2. Maximum Area and Height. Sign area shall comply with the requirements established by Section 14.10.100 (Sign Standards by Zone District). No structural element of an awning shall be located less than eight (8) feet above finished grade. Awnings on which awning signs are mounted may extend over a public right-of-way no more than seven (7) feet from the face of a supporting building. No awning, with or without signage, shall extend above the roof line of any building.
3. Lighting. Awnings shall not be internally illuminated except as part of a creative sign. Lighting directed downwards that does not illuminate the awning is allowed.
4. Required Maintenance. Awnings shall be regularly cleaned and kept free of dust and visible defects.
B. Canopy Signs. A canopy sign is a wall sign that is permanently affixed to a roofed shelter attached to and supported by a building, by columns extending from the ground or by a combination of a building and columns.
Figure 7-9
1. Maximum Area and Height. Sign area shall comply with the requirements established by Section 14.10.100 (Sign Standards by Zone District). No canopy, with or without signage, shall extend above the roof line of any building. No canopy sign shall project above the top of the canopy upon which it is mounted. However, such signs may project horizontally from the face of a canopy the distance necessary to accommodate the letter thickness and required electrical equipment, but not more than twelve (12) inches (measured from the bottom of the sign). Under-canopy signs which are perpendicular to the face of the building shall be deemed to be projecting wall signs. Under-canopy signs which are parallel to the face of the building shall be a minimum of eight (8) feet above grade and shall be deemed to be flush wall signs.
2. Required Maintenance. Canopies shall be regularly cleaned and kept free of dust and visible defects.
C. Freestanding Signs. A freestanding sign is a sign which is supported by one or more columns, uprights, poles or braces extended from the ground, or which is erected on the ground and shall also include a monument sign and pole signs but does not include a sign attached to a structure.
1. Location. The sign may be located only on a site frontage adjoining a public street. No freestanding sign in any zoning district can be erected closer than eight (8) feet from any curbline, nor closer than four (4) feet to any building. No freestanding signs in business and industrial districts may be located less than twenty-five (25) feet from any property line adjacent to a residential zoning district line.
2. Maximum Area and Height. The sign shall comply with the height and area requirements established in Section 14.10.100 (Sign Standards by Zone District).
3. Sign Mounting. The sign shall be mounted on one or more posts or have a solid monument-type base. Posts shall not have a diameter greater than twelve (12) inches.
4. Pole Signs. Pole signs should not be so large as to obscure the patterns of front facades and yards.
D. Monument Signs. A monument sign is a permanent sign where the entire bottom of the sign is affixed to the ground, not to a building.
1. Location. The sign may be located only along a site frontage adjoining a public street.
2. Maximum Area and Height. The sign shall comply with the height and area requirements established in Section 14.10.100 (Sign Standards by Zone District).
3. Design. The design of a monument sign shall be consistent with the overall scale of the building. The design and placement of the sign shall not obstruct traffic safety sight distance areas. Project monument signs shall contain only the name and address of the project which it identifies.
4. Landscaping Requirements. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign. For example, twenty (20) square feet of sign area equals forty (40) square feet of landscaped area. The Planning Commission may reduce or waive this requirement if it is determined that the additional landscaping would not contribute significantly to the overall aesthetic character of the project.
E. Off-Premise Signs. Off-premise signs, also known as off-site signs, are generally prohibited, except for those specific types of signs listed in this Section.
1. Business District Identification Signs. A business district identification sign is an off-premise sign for the identification of a specific business district or center identified in the Comprehensive Plan or a business improvement or redevelopment area approved by the Town Council. Business district signs shall not:
a. Interfere with pedestrian or vehicular safety;
b. Detract from the pedestrian quality of the surrounding area; or
c. Add to an over-proliferation of signs on one property or in an area.
The owner of the sign shall enter into an agreement with the Town for funding the ongoing cleaning, maintenance, and repair of the sign.
2. Church and Civic Club Off-Premise Signs. A church or civic club off-premise sign is an off-premise sign intended to direct people to the church or civic club and/or state meeting dates and times. Such signs shall not:
a. Interfere with pedestrian or vehicular safety;
b. Detract from the pedestrian quality of the surrounding area;
c. Add to an over-proliferation of signs on one property or in an area;
d. Be allowed for any organization that has not proven "non-profit" status;
e. Measure more than four (4) square feet; or
f. Number more than five (5) for any organization.
The owner of the sign shall be responsible for repair and maintenance of the sign.
F. Projecting Signs. A projecting sign is any sign supported by a building wall and projecting therefrom at least twelve (12) inches or more horizontally beyond the surface of the building to which the sign is attached.
1. Location. Projecting signs shall be placed only on a ground floor facade, except for businesses located above the ground level with direct exterior pedestrian access. Mount projecting signs so they generally align with others in the block. This helps to create a “canopy line” that gives scale to the sidewalk.
2. Maximum Area and Height. Projecting signs shall not be higher than the wall from which the sign projects if attached to a single story building, or the height of the bottom of any second story window if attached to a multi-story building. Projecting signs must have eight (8) feet clearance, and may not extend more than four (4) feet from the building wall except where the sign is an integral part of an approved canopy or awning. The size of projecting signs is limited to three (3) feet wide and six (6) square feet.
3. Sign Structure. Sign supports and brackets shall be compatible with the design and scale of the sign.
4. Quantity. The number of projecting signs is limited to one per business. Projecting signs are not permitted in conjunction with wall-mounted or pole signs.
Figure 7-10
G. Standard Brand-Name Signs. A standard brand-name sign is any sign devoted to the advertising of any standard brand-name commodity or service which is not the principal commodity or service being sold or rendered on the premises, or are not a part of the name or business concern involved.
1. Maximum Area. Not more than twenty (20) percent of the total allowable sign area for any permitted use shall be devoted to the advertising of any standard brand-name commodity or service.
H. Time and/or Temperature Signs. A time and/or temperature sign is any sign intended to be displayed for a limited period of time and capable of being viewed from any public right-of-way, parking area or neighboring property.
1. Maximum Area. Time and/or temperature signs which do not exceed ten (10) square feet shall not be required to be included in the allowable sign area permitted in Section 14.10.060 (Measurement of Sign Area and Height; Sign Setbacks); provided however, that any identification or advertising which is attached to or made part of the same sign structure shall be included in the allowable sign area for the premises.
2. Design. The sign shall be designed in a manner that is compatible with other signs on the site and with the structure on which it is placed.
3. Maintenance. It shall be the responsibility of the owner of such signs to maintain such signs and ensure that they are kept accurate. If these conditions are not met, the sign shall be repaired or removed.
I. Wall Signs. A wall sign is any sign painted on, incorporated in or affixed to the building wall, or any sign consisting of cut-out letters or devices affixed to the building wall with no background defined on the building wall.
1. Location. The sign shall not be placed to obstruct any portion of a window, doorway or other architectural detail. Locate wall signs on buildings at the first floor level only for retail uses. No part of a wall sign shall be located more than twenty-five (25) feet above grade level.
2. Maximum Area and Height. Wall signs shall not be higher than the eave line of the principal building. The sign shall comply with the height and area requirements established in Section 14.10.100 (Sign Standards by Zoning District).
3. Projection from Wall. No sign part, including cut-out letters may project from the surface upon which it is attached more than required for construction purposes and in no case more than twelve (12) inches.
4. Design. Wall signs shall identify the individual business, building or building complex by name or trademark only.
J. Window Signs. A window sign is a sign that is painted on, applied or attached to a window or that can be read through the window from the public right-of-way, placed at or below the second floor level.
1. Maximum Area. When a sign is displayed in a window and is visible beyond the boundaries of the lot upon which the sign is displayed, the total area of such sign shall not exceed:
a. Twenty-five (25) percent of the window or door area at the ground floor level; and
b. Twenty-five (25) percent of the total allowable sign area for the premises.
2. Lighting. All illuminated window signs shall be included in the total allowable sign area for the premises. Temporary posters announcing or advertising events sponsored by noncommercial organizations shall be exempt from limitations for window signs.
14.10.100 Sign Standards by Zone District.
A. The regulations in Sections 14.10.101 through 14.10.104 correspond to the following zone districts identified on the Dinosaur Zone District Map specific to this Chapter.
1. Residential District
2. Residential Multi-Family District
3. Residential Mobile Homes District
4. Mobile Home and Travel Trailer Parks Districts
5. Commercial District
6. Light Industrial District
7. Industrial District
This Section includes a series of sign matrices that address permitted, exempt or prohibited signs, sign area, sign illumination and sign height. These tables are intended to assist the user in understanding the type, size, illumination and height of various signs in each Zone District. This information is intended to be used in conjunction with the Dinosaur Zone District Map and other Sections of these Regulations.
[Remainder of Page Intentionally Left Blank]
Sign Standards Matrix.
14.10.101 - Permitted, Exempt or Prohibited
Sign Type
Residential Districts
Mobile Home and Travel Trailer Parks District
Commercial District
Light Industrial District
Industrial District
Awning Sign
Prohibited
Prohibited
Permitted
Permitted
Permitted
Banner
Prohibited
Prohibited
Permitted
Permitted
Permitted
Bulletin Board
Exempt
Exempt
Exempt
Exempt
Exempt
Canopy Sign
Prohibited
Prohibited
Permitted
Prohibited
Prohibited
Changeable Copy Sign
Prohibited
Prohibited
Permitted
Prohibited
Permitted
Creative Sign
Prohibited
Prohibited
Permitted
Prohibited
Permitted
Directional Sign
Exempt
Exempt
Exempt
Exempt
Exempt
Government Sign
Exempt
Exempt
Exempt
Exempt
Exempt
Marquee Sign
Prohibited
Prohibited
Permitted
Prohibited
Permitted
Monument Sign
Permitted
Permitted
Permitted
Prohibited
Permitted
Off-Premises Sign
Permitted
Permitted
Permitted
Prohibited
Permitted
Painted Wall Sign
Prohibited
Prohibited
Permitted
Prohibited
Permitted
Pole Sign
Prohibited
Prohibited
Prohibited
Prohibited
Permitted
Portable Sign
Prohibited
Prohibited
Permitted
Prohibited
Prohibited
Projecting Sign
Permitted
Permitted
Permitted
Permitted
Permitted
Subdivision Identification Sign
Permitted
Prohibited
Prohibited
Prohibited
Prohibited
Suspended Sign
Permitted
Permitted
Permitted
Prohibited
Permitted
Temporary Sign
Permitted
Permitted
Permitted
Permitted
Permitted
Wall Sign
Permitted
Permitted
Permitted
Permitted
Permitted
Wind Sign
Prohibited
Permitted
Permitted
Permitted
Permitted
Window Sign
Prohibited
Permitted
Permitted
Prohibited
Permitted
14.10.102 - Sign Area Matrix (in square feet)
Sign Type
Residential Districts
Mobile Home and Travel Trailer Parks District
Commercial District
Light Industrial District
Industrial District
Awning Sign
0 ft.²
0 ft.²
Sum of all signs on a given wall shall not exceed 5% of the side of the wall area, but shall not exceed 150 ft.² (a)
15 ft.²
Sum of all signs on a given wall shall not exceed 5% of the side of the wall area, but shall not exceed 150 ft.² (a)
Banner
0
0
60
60
60
Bulletin Board
15
15
15
15
15
Canopy Sign
0
0
Sum of all signs on a given wall shall not exceed 5% of the side of the wall area, but shall not exceed 150 ft.² (a)
0
0
Changeable Copy Sign
0
0
15
0
15
Creative Sign
0
0
Sum of all signs on a given wall shall not exceed 5% of the side of the wall area, but shall not exceed 150 ft.² (a)
0
Sum of all signs on a given wall shall not exceed 5% of the side of the wall area, but shall not exceed 150 ft.² (a)
Directional Sign
4
4
4
4
4
Government Sign
Exempt
Exempt
Exempt
Exempt
Exempt
Marquee Sign
0
0
See "Wall Sign"
0
See "Wall Sign"
Monument Sign
64(b)
64(b)
120(c)
0
120(c)
Off-Premises Sign
4(d)
4(d)
4(d)
0
4(d)
Painted Wall Sign
0
0
See "Wall Sign"
0
See "Wall Sign"
Pole Sign
0
0
0
0
128(e)
Portable Sign
4
4
7
0
0
Projecting Sign
6(g)
6(g)
6(f)
6(f)
6(f)
Subdivision Identification Sign
64(b)
64(b)
64(b)
0
64(b)
Suspended Sign
6(g)
6(g)
6(f)
0
6(f)
Temporary Sign
6
6
24
24
24
Wall Sign
15(g)
15(g)
Sum of all signs on a given wall shall not exceed 5% of the side of the wall area, but shall not exceed 150 ft.2(f)
6(f)
Sum of all signs on a given wall shall not exceed 5% of the side of the wall area, but shall not exceed 150 ft.2(f)
Window Sign
0
0
25% window area (i)(j)
0
25% window area (i)(j)
(a) Allowed in place of a wall sign & 1 per individual building tenant.
(b) Downward and direct illumination only; when placed on subdivision entry features, only the sign face shall be used to calculate the sign area.
(c) Minimum horizontal distance between signs on the same property is seventy-five (75) feet.
(d) See applicable sign regulation sections.
(e) In place of project monument sign; not allowed on local or collector streets. Minimum horizontal distance between signs on the same property is 250 feet.
(f) One (1) per individual tenant building frontage. The sum of all wall signs on a given wall shall not exceed 5% of the wall area, but shall not exceed 150 sq. ft.; cannot be more than 25' above grade level or higher than the eave line of the principal building; first floor level only for retail uses.
(g) One (1) per street frontage, all signs may be no higher than the eave line of the principal building; may be lighted (shielded light source) and include name and address of facility only. Child Care Center & Bed and breakfast only.
(h) Cannot exceed 25% of the total allowable sign area for the premises.
(i) Illuminated window signs shall be included in the total allowable sign area for the premises.
(j) See applicable sign regulation sections.
14.10.103 - Sign Illumination Matrix (Allowed Y/N)
Sign Type
Residential Districts
Mobile Home and Travel Trailer Parks District
Commercial District
Light Industrial Districts
Industrial District
Awning Sign
N
N
Y
N
Y
Banner
N
N
N
N
N
Bulletin Board
N
N
Y
Y
Y
Canopy Sign
N
N
N
N
N
Changeable Copy Sign
N
N
Y
N
Y
Creative Sign
N
N
N
N
N
Directional Sign
N
N
N
N
N
Government Sign
Exempt
Exempt
Exempt
Exempt
Exempt
Marquee Sign
N
N
Y
N
Y
Monument Sign
Y(a)
Y(a)
Y
N
Y
Off-Premises Sign
N
N
N
N
N
Painted Wall Sign
N
N
Y
N
Y
Pole Sign
N
N
Y
N
Y
Portable Sign
N
N
N
N
N
Projecting Sign
N
N
Y
Y
Y
Subdivision Identification Sign
Y
Y
Y
N
Y
Suspended Sign
Y(a)
Y(a)
Y
N
Y
Temporary Sign
N
N
N
N
N
Wall Sign
Y(a)
Y(a)
Y
Y
Y
Window Sign
N
N
Y (b)
N
Y (b)
(a) Downward aimed direct light source only; may not be illuminated between 10 p.m. and 7 a.m. if within 500' of existing residential uses.
(b) Illuminated window signs shall be included in the total allowable sign area for the premises.
14.10.104 - Sign Height Matrix (Maximum Height in Feet)
Sign Type
Residential Districts
Mobile Home and Travel Trailer Parks District
Commercial District
Light Industrial District
Industrial District
Awning Sign
0
0
(a)
(a)
(a)
Banner
0
0
(a)
(a)
(a)
Bulletin Board
6
6
6
6
6
Canopy Sign
0
0
(a)
0
0
Changeable Copy Sign
0
0
(a)
0
(a)
Creative Sign
0
0
4
0
4
Directional Sign
4
4
4
4
4
Government Sign
Exempt
Exempt
Exempt
Exempt
Exempt
Marquee Sign
0
0
(a)
0
(a)
Monument Sign
5
5
6
0
6
Off-Premises Sign
4
4
4
0
4
Painted Wall Sign
0
0
(a)
0
(a)
Pole Sign
0
0
25
0
25
Portable Sign
0
0
4
0
0
Projecting Sign
6
6
(b)
(b)
(b)
Subdivision Identification Sign
5
5
0
0
0
Suspended Sign
6
6
(b)
(b)
(b)
Temporary Sign
6
6
6
6
6
Wall Sign
6(a)
6(a)
(c)
0
(c)
Window Sign
0
0
(d)
0
(d)
(a) May be no higher than the eave line of the principal building.
(b) Minimum height above sidewalk or grade 8'. Shall not be higher than the eave from which the sign projects if attached to a single story building or 15' above grade whichever is less or the height of the bottom of any second story window if attached to a multi-story building.
(c) Cannot be 25' above grade level or higher than the eave line of the principal building; first floor level only for retail uses
(d) Window signs visible beyond the boundaries of the lot upon which the sign is displayed shall not exceed twenty-five (25) percent of the window or door area at the ground floor level; and twenty-five (25) percent of the total allowable sign area for the premises.
14.10.110 Creative Signs.
A. Purpose. This Section establishes standards and procedures for the design, review and approval of creative signs. The purposes of this creative sign program are to:
1. Encourage signs of unique design, and that exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; and
2. Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the Town, while mitigating the impacts of large or unusually designed signs.
B. Applicability. An applicant may request approval of a Sign Permit under the creative sign Program to authorize on-site signs that employ standards that differ from the other provisions of this Chapter but comply with the provisions of this Section.
C. Approval authority. A Sign Permit application for a creative sign shall be subject to approval by the Planning Commission.
D. Application requirements. A Sign Permit application for a creative sign shall include all information and materials required by the Town, and the filing fee based on the same fee schedule as a building permit.
E. Design criteria. In approving an application for a creative sign, the Planning Commission shall ensure that a proposed sign meets the following design criteria:
1. Design quality. The sign shall:
a. Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area;
b. Be of unique design, and exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; and
c. Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion.
2. Contextual criteria. The sign shall contain at least one (1) of the following elements:
a. Classic historic design style;
b. Creative image reflecting current or historic character of the Town.
c. Symbols or imagery relating to the entertainment or design industry; or
d. Inventive representation of the use, name or logo of the structure or business.
3. Architectural criteria. The sign shall:
a. Utilize and/or enhance the architectural elements of the building; and
b. Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features/details of the facade.
- 14.12 Sexually Oriented Business
-
14.12.010 Purpose and Description.
14.12.020 Definitions.
14.12.030 Special Review Use Permit Required.
14.12.040 Separation Requirements.
14.12.050 Criteria for Permit Approval.
14.12.060 Review Process.
14.12.010 Purpose and Description.
The purpose of this Chapter is to allow the reasonable location of sexually oriented businesses within the Town in a manner which will protect property values, neighborhoods and residents from the potential adverse secondary effects of sexually oriented businesses, while providing to those who desire to patronize sexually oriented business such opportunity in appropriate areas within the Town. It is not the intent of this Chapter to suppress any speech activities protected by the First Amendment to the United States Constitution but to impose content neutral regulations which address the adverse secondary effects that sexually oriented businesses may have on adjoining properties.
It has been determined, and reflected in the land use studies of various U.S. cities, that businesses which have as their primary purpose the selling, renting or showing of sexually explicit materials have negative secondary impacts upon surrounding businesses and residences. The experience in other U.S. cities is that the location of sexually oriented businesses significantly increases the incidence of crimes, especially sex offenses, including sexual assault, indecent exposure, lewd and lascivious behavior, and child molestation.
It has been determined, and reflected in the land use studies of various U.S. cities that sexually oriented businesses in business districts which are immediately adjacent to and which serve residential neighborhoods have a deleterious effect on both the business and the residential segments of the neighborhood, causing blight and down-grading of property values.
It is the intent of these regulations to allow sexually oriented businesses to exist within the Town in various dispersed locations rather than to allow them to concentrate in any one business area. It is further the purpose of these regulations to require separation requirements between sexually oriented businesses and residential uses, churches, parks, and educational institutions in an effort to buffer these uses form the secondary impacts created by sexually oriented business activity.
(Ord. 111, Art. V, §501, 2007)
14.12.020 Definitions.
A. Unless otherwise defined below, terms used in this Chapter pertaining to sexually oriented businesses shall be as defined in Section 5.14.020 of the Municipal Code.
B. Business: means and includes a sexually oriented business as defined in subsection (N) of Section 5.14.020 of the Municipal Code.
(Ord. 111, Art. V, §502, 2007)
14.12.030 Special Review Use Permit Required.
A Special Review Use Permit is required for the operation of a sexually oriented business in the Industrial (I) Zone District. Additional requirements for the granting of a Special Review Use Permit are found in Section 14.04.110 of the Land Use Regulations.
(Ord. 111, Art. V, §503, 2007)
14.12.040 Separation Requirements.
No sexually oriented business shall be located within one thousand feet (1,000’) of another sexually oriented business, residentially zoned or used property, church, day care center, park or public or private educational institution (whether within or without the Town). A waiver of the foregoing restrictions may be applied for in accordance with subsection (B) of this Section.
A. Method of Measurement. The one thousand feet (1,000’) separation measurement shall be made in a straight line without regard to intervening structures or objects from the nearest property line of the proposed sexually oriented business to the nearest property line of another sexually oriented business, residentially zoned or used property, church, park, day care center or educational institution.
B. Waiver Criteria. In establishing the provisions of this Section, the Town Council hereby finds and determines that there may be exceptional or extraordinary circumstances or conditions which are applicable to properties within the Town, or to the intended uses of properties within the Town that do not generally apply to the property or class of uses in the same zone district, and such that denial of an application for relief would result in an inability to reasonably utilize property. Therefore, it I s necessary to provide for such extraordinary relief in the form of a waiver. In reviewing such applications for waivers, the burden shall be upon the applicant to meet the criteria set forth in this Section.
1. A waiver to the separation requirements set forth in this Section may be granted as a part of the Special Review Use review process if the presumptions in Section 14.12.010 of this Title are overcome by proof that the establishment of a sexually oriented business within one thousand (1,000’) of another sexually oriented business establishment or establishment of a sexually oriented business within one thousand feet (1,000’) of any residential zone district, residential use, park, church or public or private educational institution as applicable, will not have a deleterious effect on surrounding residential and business areas by creating blight, downgrading of property values or tending to cause an increase in crime.
2. In granting a waiver to the separation requirements, the Town Council may impose reasonable conditions relating to hours of operation, screening, buffering and signage as long as the conditions imposed are not designed to prohibit the dissemination of protected materials under the First Amendment of the United States Constitution.
(Ord. 111, Art. V, §504, 2007)
14.12.050 Criteria for Permit Approval.
It shall be unlawful for any person to conduct or establish any sexually oriented business activity or enterprise until a Special Review Use Permit for a sexually oriented business has been approved by the Town Council. Such permits shall be approved if the criteria set forth in Section 14.04.110 and the following criteria are met:
A. The subject property is zoned Industrial (I);
B. The subject property meets the one thousand foot (1,000’) separation requirements as set forth in subsection (A) of Section 14.12.040 or a waiver has been granted pursuant to subsection (B) of the same Section;
C. The proposed sexually oriented business building has a certificate of occupancy.
(Ord. 111, Art. V, §505, 2007)
14.12.060 Review Process.
Applicants for a Special Review Use Permit for a sexually oriented business shall submit a completed Special Review Use application form which contains the information required by Section 14.04.110 of the Land Use Regulations, and, in addition, distances to other sexually oriented businesses, residentially zoned or used property, churches, day care centers, and park or public or private educational institutions. The application shall be reviewed pursuant to the Special Review Use permit process as outline in Section 14.04.110 of the Land Use Regulations.
(Ord. 111, Art. V, §506, 2007)
- 14.13 Oil and Gas Drilling Production
-
14.13.010 Purpose.
14.13.020 Authority
14.13.030 Definitions.
14.13.040 Requirements and Procedures.
14.13.050 Application Elements.
14.13.060 Review Criteria.
14.13.070 Notice to Proceed.
14.13.080 Building Permit.
14.13.090 Well Location and Setbacks.
14.13.100 Compliance with State Environmental Requirements.
14.13.110 Noise Regulation and Special Mitigation Measures.
14.13.120 Visual Impact/Aesthetics Regulation and Special Impact Measures.
14.13.130 Abandonment and Plugging of Wells.
14.13.140 Seismic Operations.
14.13.150 Signage.
14.13.160 Reclamation.
14.13.170 Geologic Hazard, Floodplain, Floodway Location Restrictions.
14.13.180 Access Roads.
14.13.190 Wildlife Impact Mitigation.
14.13.200 Emergency Response Costs.
14.13.210 Violation and Enforcement.
14.13.010 Purpose.
These regulations are enacted to provide for the safety, preserve the health, promote the prosperity and improve the morals, order, comfort and convenience of the present and future residents of the Town. It is the Town’s intent by enacting these regulations to facilitate the development of oil and gas resources within the Town, while mitigating potential land use conflicts between such development and existing, as well as planned, land uses. It is recognized that under Colorado law the surface and mineral estates are separate and distinct interests in land and that one may be severed from the other. Owners of subsurface mineral interests have certain legal rights and privileges, including the right to use that part of the surface estate reasonably required to extract and develop their subsurface mineral interests, subject to compliance with the provisions of these regulations and any applicable statutory and regulatory requirements. The State has a recognized interest in fostering the efficient development, production and utilization of oil and gas resources, and in the prevention of waste and protection of the correlative rights of common source owners and producers to a fair and equitable share of production profits. Similarly, owners of the surface estate have certain legal rights and privileges, including the right to have the mineral estate developed in a reasonable manner. Municipal governments have a recognized, traditional authority and responsibility to regulate land use within their jurisdiction. These regulations are intended as an exercise of this land use authority.
14.13.020 Authority.
This Chapter is authorized by Sections 34-60-101 et. seq. C.R.S. and Sections 29-20-101 et. seq., C.R.S., Colorado common law related to public nuisances, and other authority as applicable.
14.12.030 Definitions.
A. All terms used in this Chapter that are defined in the Act or in Commission regulations and are not otherwise defined in this section, are defined as provided in the Act or in such regulations as of the effective date of this Chapter. All other words used in this Chapter are given their usual customary and accepted meaning and all words of a technical nature, or peculiar to the oil and gas industry, shall be given that meaning which is generally accepted in said oil and gas industry. When not clearly otherwise indicated by the context, the following words and phrases used in this Chapter have the following meanings:
1. Act. Act means the Oil and Gas Conservation Act of the State.
2. Commission or OGCC. Commission or OGCC means the Oil and Gas Conservation Commission of the State.
3. Day. Day means a period of twenty-four (24) consecutive hours.
4. Director. Director means the Director of the Oil and Gas Conservation Commission of the State.
5. Injection well. Injection well means any hole drilled into the earth into which fluids are injected for the purposes of secondary recovery, storage or disposal, pursuant to authorizations granted by the Commission.
6. Inspector. Inspector means any person designated by the Town or by the Town’s designee, who shall have the authority to inspect well sites to determine compliance with this Chapter and other applicable ordinances of the Town.
7. Oil and gas well. Oil and gas well means any hole drilled into the earth for the purpose of exploring for or extracting oil, gas or other hydrocarbon substances.
8. Operating plan. Operating plan means a general description of a well site or a production site identifying purpose, use, typical staffing, seasonal or periodic considerations, routine hours of operating, source of services/infrastructure, and any other information related to regular functioning of that facility.
9. Operator. Operator means the person designated by the working interest owners as operator and named in Commission Form 2 or a subsequently file Commission Form 10.
10. Owner. Owner means any person with a working interest ownership in oil and gas or a leasehold interest therein.
11. Production site. Production site means the area surrounding proposed or existing production pits or other accessory equipment required for oil and gas production, at which may also be located tanks and tank batteries, exclusive of transmission and gathering pipelines.
12. Reentering. Reentering means accessing an existing well bore for either the original or amended purpose, provided that such well has not been abandoned.
13. Sidetracking. Sidetracking means entering the same well head from the surface, but not necessarily following the same well bore, throughout its subsurface extent when operations deviation from such well bore is necessary to reach the objective depth because of an engineering problem.
14. Twinning. Twinning means the drilling of a well within a radius of fifty (50) feet from an existing well bore when the well cannot be drilled to the objective depth or produced because of an engineering problem, such as a collapsed casing or formation damage.
15. Use tax. Use tax means the tax paid by a consumer for using, storing, distribution or otherwise consuming tangible personal property or taxable services inside the Town.
16. Well. Well means an oil and gas well or an injection well.
17. Well head. Well head means the equipment attaching the surface equipment to the wellbore equipment at the well.
18. Well site. Well site means that area surrounding a proposed or existing well or wells and accessory structures and equipment necessary for drilling, completion, recompletion, workover, development and production activities.
B. All terms used herein that are defined in the Act or in Commission rules and regulations and are not otherwise defined in subsection (A) above shall be defined as provided in the Act or in such rules and regulations.
14.13.040 Requirements and Procedures.
A. Proposed New Wells, Redrilling Certain Wells and Other Specific Enhancements.
1. It shall be unlawful for any person to drill a well that has not been previously permitted under this Chapter, reactivate a plugged or abandoned well or perform initial installation of accessory equipment or pumping systems (in cases where a well is not being drilled) unless a conditional use permit has first been granted by the Town in accordance with the procedures defined in this Chapter.
2. The granting of such conditional use permit shall not relieve the operator from otherwise complying with all applicable regulatory requirements of the Town, the State and the United States.
3. When a conditional use permit has been granted for a well, reentry of such well for purposes of sidetracking, twinning, deepening, recompleting or reworking shall not require a separate conditional use permit.
4. The conditional use permit is limited to the current proposed facilities as shown in the approved plan. To the extent the applicant desires, after initial completion of a well, to place additional equipment on a tank battery or wellhead location which was not shown in the approved plan, the applicant must, except in a situation where additional equipment is necessary for a period of fourteen (14) days or less, notify the Town of installation of such additional equipment.
5. Within thirty (30) days after completion of operations, the applicant shall provide to the Town “as‑built” drawings showing all facilities, pipelines, flow lines and gathering lines which the applicant has placed on the land subject to this permit.
B. Inspections. In recognition of the potential impacts associated with oil and gas drilling and well operation in an urban setting, all wells and accessory equipment and structures may be inspected by the inspectors of the Town at reasonable times to determine compliance with applicable provisions of this Chapter, the Town Uniform Building Code and all other applicable Town health or safety standards. For the purpose of implementing and enforcing the provisions of this Chapter, Town personnel have the right to enter upon private property after reasonable notification to the operator, which provides the operator an opportunity to be present.
C. Inspection Fees.
1. The inspection fee shall be four hundred dollars ($400.00) per well for each year or part of a year during which such well has not been plugged and abandoned. No inspection fee shall be due for any year following the year in which a well is plugged and abandoned, unless a conditional use permit is granted with respect to such well. No inspection fee shall be due for any calendar year in which the fee for an application for conditional use permit, as provided in subsection (E) below, is paid. Any inspection fee which becomes due and payable after January 1 of each year shall be paid by the operator within thirty (30) days after receipt of an invoice from the Town. An operator contesting the amount of the invoice may, upon payment of the invoice under protest, appeal directly to the Town Council.
2. If the operator fails to pay the inspection fee imposed by this Section when due, a penalty of ten (10) percent shall be added to the amount of the fee due, together with interest on the amount due at the rate of one (1) percent for each month or portion thereof for which the fee is unpaid. The Town Clerk. may, in his or her sole discretion, waive the penalty for good cause shown.
3. The Town may recover in an action at law the amount of the inspection or other fees and costs imposed by the provisions of this Section, penalty and interest due and unpaid under this Section as well as all costs, including attorney fees, incurred by the Town if it prevails in the enforcement of this Chapter.
D. Use Tax. All operators must conform to applicable provisions of this Code relating to taxation.
E. Application Fee. A nonrefundable fee of one thousand dollars ($1,000.00) shall accompany the application.
14.13.050 Application Elements.
A. An application for a conditional use permit pursuant to this Chapter shall be filed with the Town Clerk and shall include the following information:
1. Application Requirements – Site Plan. The site plans for a well site submitted with an application for a use by conditional review shall be submitted on one (1) or more plats or maps, at a scale not less than one (1) inch to fifty (50) feet, showing the following information:
a. The proposed location of production site facilities or well site facilities associated with the well in the event production is established, if applicable. Future development of the resource shall be considered in the location of the tank battery. Existing tank batteries and transmission and gathering lines within six hundred sixty (660) feet of the well site shall be shown.
b. The location of layout including, without limitation, the position of the drilling equipment and related facilities and structures, if applicable.
c. True north arrow.
d. Existing improvements, if any, within a radius of six hundred sixty (660) feet of the proposed well.
e. Existing utility easements and other rights‑of‑way of record, if any, within a radius of six hundred sixty (660) feet of the proposed well.
f. Existing irrigation or drainage ditches within four hundred (400) feet of the well site or production site, if any.
g. The applicant's drainage and erosion control plans for the well site or production site and the area immediately adjacent to such site, if applicable.
h. Location of access roads.
i. Well site or production site and existing lease boundaries.
j. The names of abutting subdivisions or the names of owners of abutting, unplatted property within four hundred (400) feet of the well site or production site.
k. The name and address of the operator and the name of the person preparing the site plan or map.
2. Application Requirements – Vicinity Maps. The vicinity maps for a well site or production site submitted with an application for a use permitted by conditional review shall be submitted on one (1) or more plats or maps showing the following information:
a. Location of all existing waterbodies and watercourses, including direction of water flow. This information shall be submitted on USGS 7.5 minute series or assessor base maps which indicate topographic detail and show all existing waterbodies and watercourses with a physically defined channel within a four‑hundred (400) foot radius of the proposed well.
b. Location of existing oil and gas wells as reflected in OGCC records. This information shall be submitted on a map and shall include any and all wells within a one‑thousand (1,000) foot radius of the proposed location for the well.
c. Location of drill site. The information to be submitted shall be Commission Form 2 and shall include the Parcel Tax Identification Number.
3. Application Requirements – Narrative. In addition to the site plans and the vicinity maps required in subsection 1 and 2 above, the application shall include the following:
a. The operator's and surface owner's names and addresses, copies of any required OGCC Form 2 and designation of agent, if applicable.
b. An operating plan.
c. A list of all permits or approvals obtained or yet to be obtained from local, state or federal agencies other than OGCC.
d. An emergency response plan that is mutually acceptable to the operator and the appropriate fire district that includes a list of local telephone numbers of public and private entities and individuals to be notified in the event of an emergency, the location of the well, and provisions for access by emergency response entities.
e. A plan for weed control at the well site.
f. A fire protection plan that is mutually acceptable to the operator and the appropriate fire district that includes planned actions for possible emergency events and any other pertinent information. Prior to application to the Town, a proposed fire protection plan and emergency response plan shall be submitted to and reviewed by the fire district.
g. Sanitary facilities must comply with Section 602(g) of the OGCC regulations.
14.13.060 Review Criteria.
A. The Town Council shall approve an application for a use permitted by conditional review for a well site if the application submitted by the applicant conforms to the following requirements:
1. The site plans for a well site application comply with the requirements of Section 14.13.040(A)(1) of this Chapter.
2. The vicinity maps for a well site application comply with the requirements of Section 14.13.040(A)(2) of this Chapter.
3. The narrative for a well site application complies with the requirements of Section 14.13.040(A)(3) of this Chapter.
4. The well location and setbacks comply with the requirements of Section 14.13.080 of this Chapter.
5. When applicable, compliance with the provisions for mitigation of noise required in Section 14.13.100 of this Chapter.
6. When applicable, compliance with the provisions for visual special mitigation required in Section 14.13.110 of this Chapter.
7. When applicable, compliance with the provisions for geologic hazards, floodplains or floodway required in Section 14.13.160 of this Chapter.
8. When applicable, compliance with the provisions for wildlife mitigation procedures required in Section 14.13.180 of this Chapter.
9. The Town Council’s decision shall be based upon evidence presented in the application and at public hearing. Following the conclusion of the public hearing, the Town Council may proceed to render its provisional decision orally on the application, or it may take the matter under advisement until an announced date certain not to exceed fourteen (14) days, at which time it shall orally render its decision. In the event that an application is granted with conditions the applicant may, within fourteen (14) days of the Council’s decision, request a rehearing to demonstrate that removal or modification of one (1) or more of the conditions is necessary to prevent waste or protect owners of correlative rights in a common source to a fair share of production profits or that the decision is otherwise inconsistent with state laws and regulations. Following the Town Council’s oral announcement of its decision, and any subsequent rehearing, a written resolution shall be adopted as its final action or decision on the application. This written resolution shall set forth findings of the Town Council. The Town Attorney shall prepare the written resolution for the Town Council’s consideration within fourteen (14) days of the oral decision, or any subsequent rehearing. Such written resolution shall be adopted within twenty-one (21) days of the announcement of the Town Council’s oral decision, unless the applicant requests rehearing, in which case the written resolution shall be adopted within thirty (30) days of the oral decision. For the purposes of judicial review, the Town Council’s final action or decision on an application shall be deemed to have been made as of the date upon which the Town Council executes the written resolution, which shall constitute the final decision of the Town Council.
14.13.070 Notice to Proceed.
A. Prior to commencement of operations for which a use permitted by conditional review has been approved, a “Notice to Proceed” shall be obtained from the Town Clerk. The Town Clerk shall issue the “Notice to Proceed” upon receipt of the following:
1. A copy of the resolution approving a use permitted by conditional review for a well or wells.
2. A copy of the approved site plan.
3. A copy of an approved extra legal vehicle or load permit issued by the Town Clerk pursuant to this Code, if applicable.
4. Copies of any necessary state or federal permits issued for the operation, if not previously submitted.
14.13.080 Building Permit.
Building permits must be obtained for all aboveground structures to which the Uniform Building Code applies.
14.13.090 Well Location and Setbacks.
A. All wells shall be set at a distance not less than‑the minimum setback allowed by OGCC rules and regulations.
B. Notwithstanding the foregoing, but subject to the exception in subsection (3) below, in all areas of the Town, the following apply:
1. A wellhead location shall be set back not less than three hundred fifty (350) feet from any occupied building or occupied building permitted for construction and shall be set back not less than seventy‑five (75) feet from any public right‑of‑way.
2. Production tanks and/or associated on‑site production equipment shall be set back not less than three hundred fifty (350) feet from any occupied building or occupied building permitted for construction and shall be set back not less than seventy‑five (75) feet from any public right‑of‑way.
3. Location and setback requirements will be waived if an exception has been granted by the Director pursuant to Rule 603(b) of the Commission and a copy of waivers from each person owning an occupied building or building permitted for construction within three hundred fifty (350) feet of the proposed location is submitted as part of the application for use by conditional review.
4. When wells are existing, buildings shall not be constructed withing the following distances:
a. Buildings not necessary to the operation of the well shall not be constructed within two hundred (200) feet of any such well.
b. Any building to be used as a place of assembly, institution or school shall not be constructed within three hundred fifty (350) feet of any well.
5. When wells are existing, lots and roads shall not be platted within the following distances:
a. Lots shall not be platted within one hundred fifty (150) feet of an existing oil or gas well or its production facilities.
b. Lots intended to be used as a place of assembly, institution or school shall not be platted to allow a building site within three hundred fifty (350) feet of an existing oil or gas well or its production facilities.
c. Streets shall not be platted within seventy-five (75) feet of an existing oil or gas well or its production facilities, provided however, that streets may cross collection flowlines at right angles.
d. Lots and streets may be platted over well and production sites that have been abandoned and reclaimed in accordance with Section 14.13.120 of this Chapter. Such platting shall only occur after the completion of the abandonment and reclamation process.
14.13.100 Compliance with State Environmental Requirements.
The approval of an oil and gas conditional use permit shall not relieve the operators from complying with all current applicable state and federal regulations and standards concerning air quality, water quality and waste disposal.
14.13.110 Noise Regulation and Special Mitigation Measures.
A. The application of a conditional use permit shall not relieve an operator from complying with all applicable state laws and regulations concerning noise.
B. Exhaust from all engines, motors, coolers and other mechanized equipment shall be vented in a direction away from all occupied buildings to the extent practicable.
C. Where a well and well site do not comply with the required setback or other requirements of this Chapter or where the well and well site are in an area of particular noise sensitivity, additional noise mitigation may be required. An area of particular noise sensitivity includes but is not limited to the following: hospitals, dwelling units, nursing homes, hotels, churches and designated wildlife preserves. In determining noise mitigation, specific site characteristics shall be considered, including but not limited to the following:
1. Nature, proximity, location and type of adjacent development;
2. Prevailing weather patterns, including wind directions;
3. Vegetative cover on or adjacent to the site; or
4. Topography.
D. The level of required mitigation may increase with the proximity of the well and well site to areas of particular noise sensitivity or the level of noise emitted by the well and well site. One (1) or more of the following additional noise abatement measures may be required:
1. Acoustically insulated housing or cover enclosing the motor or engine;
2. Noise management plan identifying hours of maximum noise emissions, type, frequency and level of noise to be emitted, and proposed mitigation measures; or
3. Any abatement measures required by the Commission for high-density areas, if applicable.
14.13.120 Visual Impact/Aesthetics Regulation and Special Impact Measures.
A. Visual Impacts and Aesthetics.
1. To the maximum extent practicable, oil and gas facilities shall be located away from prominent natural features, such as distinctive rock and land forms, vegetative patterns, ditch crossings, Town‑approved open space areas and other approved landmarks.
2. To the maximum extent practicable, oil and gas facilities shall be located to avoid crossing hills and ridges or silhouetting.
3. To the maximum extent practicable, the applicant shall use structures of minimal size to satisfy present and future functional requirements.
4. To the maximum extent practicable, when clearing trees and vegetation for construction of oil and gas facilities, the applicant shall feather and thin edges of vegetation.
5. To the maximum extent practicable, the applicant shall locate facilities at the base of slopes to provide a background of topography and/or natural cover.
6. The applicant shall replace earth adjacent to water crossings at slopes less than the normal angle of repose with the soil type of the site.
7. To the maximum extent practicable, the applicant shall align access roads to follow existing grades and minimize cuts and fills.
8. Facilities shall be painted as follows:
a. Uniform, non-contrasting, nonreflective color tones.
b. Color matched to land, not sky, slightly darker than adjacent landscape.
c. Exposed concrete colored to match soil color.
B. Special Mitigation Measures; Visual. Where a well or well site does not comply with the required setback or other requirements of this Chapter, or in areas of increased visual sensitivity, such as a location near an occupied subdivision, the applicant shall submit a visual mitigation plan including one (1) or more of the following standards, as appropriate:
1. To the maximum extent practicable, exterior lighting shall be directed away from residential areas, or shielded from said areas to eliminate glare.
2. One (1) or more of the following landscaping practices may be required, where practicable, on a site-specific basis:
a. Establishment and proper maintenance of ground covers, shrubs and trees.
b. Shaping cuts and fills to appear as natural forms.
c. Cutting rock areas to create irregular forms.
d. Designing the facility to utilize natural screens.
e. Construction of fences for use with or instead of landscaping.
C. Other Special Mitigation Measures. The applicant shall keep the Town and private streets or roads reasonably free of mud or other materials during drilling and completion operations and during well operations. The applicant shall use its best efforts to keep the well site free of trash, litter and other refuse during and at the completion of drilling and shall not in any case bury said trash. The operator shall construct and manage pits in accordance with applicable state and federal regulations.
14.13.130 Abandonment and Plugging of Wells.
The approval of a use permitted by conditional review shall not relieve the operator from complying with all Commission rules with respect to abandonment and plugging of wells. The operator shall provide the Town with Commission Form 4 at the time that it is filed with the Commission. The applicant shall abandon flowlines in accordance with applicable state rules and regulations.
14.13.140 Seismic Operations.
The approval of a use permitted by conditional review shall not relieve the operator from complying with all Commission rules and regulations with respect to seismic operations. All notices which an operator is required to file with the Commission with respect to seismic operations shall be filed with the Town on a timely basis. The Town shall comply with the same confidentiality requirements which bind the Commission.
14.13.150 Signage.
The approval of an oil and gas conditional use permit shall not relieve the operator from complying with all Commission rules with respect to signs. In addition, the operator shall maintain in good, readable condition all signs required by Commission regulations.
14.13.160 Reclamation.
The approval of a conditional use permit shall not relieve the operator from complying with all Commission rules and regulations with respect to site reclamation.
14.13.170 Geologic Hazard, Floodplain, Floodway Location Restrictions.
All equipment at well sites and production sites in geological hazard and floodplain areas shall be anchored to the extent necessary to resist flotation, collapse, lateral movement or subsidence and to the extent necessary to comply with the Federal Emergency Management Act.
14.13.180 Access Roads.
A. All private roads used to maintain access to the tank batteries or the well site shall be improved and maintained according to the following standards:
1. Tank battery access roads. Access roads to tank batteries shall be subject to review by the Town’s Engineer in accordance with the following minimum standards:
a. A graded gravel roadway having a prepared subgrade and an aggregate base course surface a minimum of six (6) inches thick compacted to a minimum density of ninety‑five (95) percent of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures. The aggregate material, at a minimum, shall meet the requirements for Class 3, Aggregate Base Course as specified for aggregate base course materials in the Colorado Department of Transportation's “Standard Specifications for Road and Bridge Construction,” latest edition.
b. Graded so as to provide drainage from the roadway surface and constructed to allow for cross drainage of waterways (such as roadside swales, gulches, rivers, creeks and the like) by means of an adequate culvert pipe. Adequacy of the pipe is subject to approval of the Town’s Engineer.
c. Maintained so as to provide a passable roadway free of ruts at all times.
2. Wellhead access roads. Access roads to wellheads shall be subject to review by the Town’s Engineer in accordance with the following minimum standards:
a. A graded, dirt roadway compacted to a minimum density of ninety‑five (95) percent of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures and approved by the Town’s Engineer.
b. Graded so as to provide drainage from the roadway surface and constructed to allow for cross drainage of waterways by means of an adequate culvert pipe. Adequacy of the pipe shall be subject to approval by the Town’s Engineer.
c. Maintained so as to provide a passable roadway generally free of ruts.
3. Public access roads. An extra-legal vehicle or load permit shall be required for all extra‑legal vehicles or loads as defined in Sections 42‑4‑401 through 42‑4‑411, C.R.S., which use Town streets. Said permit, if required, shall be obtained from the Town Clerk prior to such use. The applicant shall comply with all Town and state regulations regarding weight limitations on streets within the Town, and the applicant shall minimize extra‑legal truck traffic on streets within the Town.
14.13.190 Wildlife Impact Mitigation.
A. Wildlife. When a well site or production site is located within a designated moderate (blue) or high impact zone (red) on the 1987 Cumulative Impact Maps prepared by the Colorado Division of Wildlife, the applicant shall consult with the Colorado Division of Wildlife to obtain recommendations for appropriate site specific and cumulative impact mitigation procedures. The operator shall implement such mitigation procedures as are recommended by Colorado Division of Wildlife after consultation with the Town.
B. Endangered Species. The applicant shall not engage in activities which, in the opinion of the Colorado Division of Wildlife, threaten endangered species.
14.13.200 Emergency Response Costs.
The operator shall reimburse the Town or the fire district for any emergency response costs incurred by the Town or the fire district in connection with activity at the well site or production site, except that the operator shall not be required to pay for emergency response costs where the response was precipitated by the mistake of the Town.
14.13.210 Violation and Enforcement
A. Unlawful to Construct or Install Unapproved Oil and Gas Facilities. Except as otherwise provided in this Chapter, it is unlawful to construct, install or cause to be constructed or installed any oil and gas facility within the Town unless approval has been granted by the Town Council. The unlawful drilling or redrilling of any well or the production therefrom is a violation of this Chapter.
B. Penalty. Any person, firm, corporation or legal entity that constructs, installs or uses, or which causes to be constructed, installed or used, any oil, gas or injection well, well site or production site or commits any act or omission in violation of any provision of this Chapter or of the conditions and requirements of the oil and gas conditional use permit may be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Each day of such unlawful operation constitutes a separate violation.
C. Civil Action. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered or used, or any land is or is proposed to be used, in violation of any provision of this Chapter or the conditions and requirements of the oil and gas conditional use permit, the Town Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration or use.
D. False or Inaccurate Information. The Town Council may revoke an oil and gas conditional use permit if it is determined after an administrative hearing held on at least ten (10) days' notice to the applicant, that the applicant provided information and/or documentation upon which approval was based, which the applicant, its agents, servants or employees, knew, or reasonably should have known, was materially false, misleading, deceptive or inaccurate.
E. Prospective Application. Unless specifically provided otherwise, this Chapter shall apply only to wells which are drilled in the Town on and after the date that this Chapter is adopted. The reentering of a well in existence prior to the date of adoption of this Chapter for purposes of deepening, recompleting or reworking shall not require approval of a use permitted by conditional review.
F. Recovery of Fees. Should the Town prevail in any action for legal or equitable relief for a violation of the provisions of this Chapter, in addition to any other penalties or remedies which may be available, the Town shall be entitled to recover any damages, costs of action, expert witness fees and reasonable attorney's fees incurred.