HomeMy WebLinkAbout20120025.tiff WELD COUNTY
CODE ORDINANCE 2012-2
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 12
LICENSES AND PERMITS AND CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD
COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent
nature enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows,
CHAPTER 12
LICENSES AND PERMITS
Repeal Article III in its entirety.
ARTICLE 111
Small Personal Care Boarding Homes
Sec. 12 3 10.Board of Hoalth.
The Board of County Commiscioncrc shall cit as the Board of H alth for purposes of
regulating the licensing of small personal care boarding homes, as set forth in this Article.
(Weld County Codification Ordinance 2O00 1)
Soc. 12-3 20.Definitions.
The following words, as used in this Article, shall have the meanings set forth below:
Personal services m ans theca cervices which the licensee, operator and employees of a
personal care boarding home provide for each resident, including, but not limited to: an
environment which is sanitary and safe from physical harm; individualized social supervision;
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assistance with transportation; and assistance with activities of daily living, including but not
limited to bathing, dressing and eating.
Protective oversight means guidance of a resident as required by the needs of the
resident or as reasonably requested by the resident, including the following: being aware of
a resident's general whereabouts, although the resident may travel independently in the
community; monitoring the activities of the resident while on the prcmicos to ensure his or
her health, safety and well being, including monitoring of prescribed medications;reminding
the resident to carry out daily living activities; and reminding the resident of any important
activities, including appointments.
Small personal carp boarding home means a residential facility that provides room and
board to one (1) or two (2) adults who are not related to the owner and who, because of
impaired capacity for independent living, elect protective oversight, personal services and
social care but do not require regular twenty four hour medical or nursing care. The term
does not include a facility holding a current certificate of authority to operate a life care facility
issued pursuant to Article 13, Title 12, C.R.S., residential-care-facilities -for -the
developmentally disabled or personal care boarding homes regulated under 6 CCR 1012 1.
(Weld County Codification Ordinance 2000 1)
Sec. 12-3 30.General requirements.
A. All small personal care boarding homes shall be licensed in accordance with the
regulations contained in this Article.
B. All small personal care boarding homes shall be in compliance with all applicable zoning,
housing, fire, sanitary and all other codes and ordinances of the municipality, County or city and
county where the home is situated.
C. A nonrefundable fee as set by separate action of the Board of H alth shall be required for
ach application and renewal. (Weld County Codification Ordinance 2000 1)
Sec. 12 3 10.Appeal process.
A. Any action to deny, sustain or revoke an operating license or application may be
appealed by submitting a written statement of intent to appeal with the Department of Public
Health and Environment within fifteen (15) days of the postmarked date of the decision to deny,
cuspcnd or revoke.
B. The Department of Public Health and Environment shall have the burden of proof by a
preponderance of the evidence at the appeal hearing.
C. The initial h aring on the appeal will he held by the Department of Public H alth and
Environment Advisory Board within twenty (20) days after receipt of notice to appeal.
D. Notice of time, date and place of the hearing shall be mailed to the parties cooking appeal
at I act ten (10) days prior to the hearing.
E. The licensee shall be entitled-to-retain counsel on his or her own behalf, and the
Department of Public Health and Environment or the licensee may examine documentary
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evidence, present testimony on his or her behalf and cross examine and impeach witnesses
presented by the opposing party.
F. The hearing shall not be subject to strict judicial or technical rules of procedure or
evidence.- Evidence presented at the hearing may include oral testimony, witnesses, briefs or
memoranda, inspection reports, site visits of the facility and other relevant information
G. A record, by a method selected by the Advisory Board, of the hearing shall be kept. The
methods may include the use of a court reporter, electronic recording device, detail transcription
or detailed minutes. If the Advisory Board chooses a method other than a court reporter and a
licensee requests the use of a court reporter, the licensee shall be responsible for the costs of
the court reporter.
H. The Advisory Board shall, within ten (10) days of the termination of the hearing, make a
written report of its findings and recommendations as to whether or not the decision of the
Department of Public Health and Environment was correct, supported by concise statements
citing the basis of the Advisory Board's decision. (Weld County Codification Ordinance 2000 1)
Sec. 12 3 50.Review of decision.
The Board of County Commissioners shall, upon written request for a review of the decision
filed by the applicant or licensee with the Clerk to the Board within fifteen (15) days of mailing of
the notice of decision, issue and mail to the licensee an order which either adopts, with or
without amendments, the findings or recommendations of the Advisory Board; substitutes to the
Board of County•Commissioners'-own findings and conclusions based upon the record;-or
remands the matter to the Advisory Board to take further evidence. This review shall be on the
record with the notice and conducted in accordance with the terms of Section 12 3 10 A through
C above. (Weld County Codification Ordinance 2000 1)
Sec. 123 60.Right of entry.
All small personal care boarding homes shall permit access by the State and designated
local long term care ombudsman to the premises and residents during reasonable hours for the
purpose set out in the federal "Older Americans Acts of 1965."
Sec. 12 3 70.Building and fire safety.
A. The small personal care boarding home shall be in compliance with the Fire Code for the
appropriate fire district or municipality, and the promises shall remain available for inspection by
the local fire department at appropriate times.
B. Facilities in existence as of February 15, 1987,-may request approval for an extended
time for correcting fire code violations provided that:
1. The fire district or municipality has granted an extended time for making corrections;
2. All hazardous areas and vertical openings, if any, are protected;
3.- Smoke detectors are installed in all living rooms or similar congregate areas, hallways
and bedrooms;
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4. Copies of estimates and contracts aro submitted, including an adequate description of
finances sufficient to make the corrections; and
5. A timetable submitted for completion appropriate to the nature and extent of
deficiencies, not to excccd thirty six (36) months.
C. There shall be eighty (80) square feet for one (1) bedroom and sixty (60) square feet per
person for mobile bedrooms,-exclusive of toilet rooms. There shall be no more than two (2)
residents per room.
D. Extension cords or multiple use sockets shall not be permitted.
E. Each bedroom shall contain at least one (1) window.- (See also Subsection A above)
F. Cooking shall not be permitted in sleeping rooms.-Cooking activities shall be confined to
areas provided and approved for such purpose.
G. Each floor having resident bedrooms shall have a toilet room directly accessible without
going through an adjacent bedroom, one (1) for each two (2) residents.
H.-Bathing facilities with tub or shower shall be provided in a ratio of one (1) bathing facility
per two (2) residents.
I. Lighting, adequate to meet the needs of the residents, shall be provided in all toilet and
bathing rooms.
J. Crab bars shall be properly installed at ach tub and shower, and adjacent to each toilet.
K. Bathtubs and shower floors shall have nonskid surfaces.
L. Toilet seats shall be constructed of nonabsorbent material, and free of cracks.
M. Dayroom or living/recreation room space shall be provided for daily living activities and
shall be well lighted, h atcd and ventilated.
N. No resident or group of residents shall be excluded from contact with other residents at
in al time.
Or Meals shall not be routinely served in resident rooms.
P. There shall be a written fire escape plan and diagram developed with consultation from
the local fire department officials. The fire escape plan and diagram shall be posted in a
conspicuous place. The plan and diagram shall be explained to each resident within seven (7)
days of admission to the small personal care boarding home.
Q. In addition to Subsections A through P above, the following shall apply to personal care
boarding homes if occupied by one (1) or more nonambulatory residents:
1. Bedrooms and all living ar as shall be acces..Able to wheelchair bound clients.
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2. A minimum of two (2) entryways shall provide for wheelchair access and for egress out
and away from the building.
3. All doors to those rooms requiring wheelchair access shall be at least thirty two (32)
Vie-
e1. All fixtures, including bathtubs, showers, lavatories, stools, mirrors and towel racks
shall be accessible to wheelchairs.
R. Th€—small personal-care boarding home shall provide a-clean-environment, free of
hazards to health and safety.
S. There shall be an adequate supply of safe, potable water available for domestic purposes
and in compliance with state and local laws and regulations.
T. Sewage shall be discharged into a public sewer system or disposed of in a manner
approved by the state and local health authority and the Colorado Water Quality Control
Commission.
U.- Electric, space or kerosene heaters shall not be permitted.
V. No resident shall be assigned to any room other than a regularly designated bedroom.
W. Furnished resident rooms shall be equipped per bed as follows:
1. Comfortable standard sized bed. Rollaway type beds,-cots, folding beds or bunk beds
shall not be permitted. Residents may, if both request, share a double bed.
2. Beds shall be equipped with a comfortable, clean mattress, mattress protector and
more frequently if needed.
4. A standard sized chair in good condition.
5. An incombustible wastebasket with impervious disposable liner.
6.- Storage facilities adequate for clients'clothing and personal articles.
7. A closet or locker space.
8. A towel rack for each client.
X. Carpetsor-floor coverings shall be securely fastened to the floor and in good condition
food groups, shall be served at regular times daily.
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m al and br akfact.
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AA. There shall be recipes available for food items used in the menus. Menus and recipes
shall be available for review.
i3B. There shall be enough food on hand to prepare the menus for two (2) days.
CC. In facilities capable of and willing to provide therapeutic diets, appropriately qualified
dietary consultant services shall be obtained.
OD. Therapeutic diets shall be prescribed by a physician.
EE. All food shall be free from spoilage, filth or other contamination, and shall be safe for
human consumption.
FF.A two compartment sink or domestic dishwashing machine shall be required.
GG.Laundry equipment and/or arrangements with a commercial laundry shall be available.
Ii H. Separate storage for soiled linen and clothing shall be provided. Such storage may
consist of individual plastic bags or hampers.
II. The use of common towels, washcloths or personal care articles is prohibited.
JJ. All resident equipment (wheelchairs, walkers, oxygen equipment) shall be maintained in
safe and sanitary conditions defined in the admission agreement.
KK. A facility may keep household pets, including dogs,-cats,-caged birds, fish and other
animals, if permitted by local ordinance, and in accordance with facility policies and guidelines.
{Weld County Codification Ordinance 2000 1)
Sec. 12 3 80.Personnel.
The-operator of the personal care boarding home shall employ-a sufficient number of
personnel able to perform their respective duties, services and functions to ensure the provision
of-personal and social care, including twenty four hour monitoring by on site personnel. (Weld
County Codification Ordinance 2000 1)
Sec. 12-3 90.Qualifications and orientation.
A. Each employee shall be given on the job training or have related experience in the job
a'signed to them.
B. All personnel shall have access to the facility's policies, procedures manuals and other
information necessary to effectively perform their duties and to carry out their responsibilities.
Sec. 12 3 100. Health requirements.
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communicable disease.
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Sec. 12-3 110. In service training.
include at least:
A. Residents' rights.
G, ed
Sec. 12 3 120. Volunteers.
plan in lieu of facility employees.
and procedures.
to perform the task assigned.
suited to the residents' needs and abilities. Residents shall not be used ac substitutes for
required staff.- (Weld County Codification Ordinance 2000 1)
Sec. 12 3 130. Fitness.
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21 5 101, C.R.S.
Sec. 12 3 140. Admissions.
admitted.
Sec. 12 3 160. Physician's assessment.
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o t e+.
obtained, including at least the following:
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admission to the facility.
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2. A list of current prescribed medications including:
from facility staff.
�. Allergies, if any.
5. Any physical or mental limitations or restrictions on activity.
Sec. 12 3 160. Resident's agreement.
thereto, between the operator and the resident or legal guardian. Ea
with a copy of such agreement.
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defined in the regulations contained in this Article.
the operator.
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need for personal assistance.
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e. House rules and policies, such as smoking or drinking.
consistent with the provision of Section 12 3 260 below.
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Sec. 12 3 170. Board and care plan.
B. The board and care plan shall be reviewed and updated at I ast yearly or more
board and care plan.
Sec. 12 3 180. Resident activities.
outside the facility.
activities both in and away from the facility.
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the residents' activity program.
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Svc X2-3 1 n0, Records.
limited to the following:
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7 Th id t F rlrl �•�e
d. Date of departure and next place of residence, when applicable.
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alternate physician.
7. The resident's sex, date of birth, marital status and Social Security number.
0. The board and care plan.
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10.A current record of the residents medications, including name of drug, dosage, route
of administration-and-directions for administration;-and-documentation of resident self
administration of medication. If the resident refuses to take medications as ordered, there
shall be documentation that the physician has been notified.
11.An anecdotal record of any accidents, injuries, illnesses or incidents of violent behavior
towards self or others occurring after admission to the personal care boarding home.
12.The residents admission agreement.
13.An inventory of valuable personal property.
B. Records shall be legibly recorded in ink, dated and available for inspection by the
resident or legal guardian.
damage or unauthorized use.
D.-The-confidentiality-of all medical, psychological and sociological information shall be
protected at all times.
E. Records shall be maintained for a period of one (1) year following the termination of the
resident's stay in the personal care boarding home.
F. Except in an emergency, the facility shall not release any information or a copy of the
record-to-anyone except the resident or legal guardian, the resident's physician, an individual
with-written authorization by the resident or the State Department of Health. (Weld County
Sec. 12-3 200. Prescription medications.
A. Residents - shall maintain and self administer only medications prescribed by the
physician-and-that belong to the resident. No resident shall be required to surrender his or her
rig-ht-to-possess-or-self administer any medication belonging to him or her and described in the
board and care plan unless so ordered by his or her physician.
B. If an operator or employee of the personal care boarding home has reason to doubt the
wisdom-or-safety of a resident's self administration of medications (either prescription or over
attention of the-physician.- If an operator determines that prescribed medications are not being
taken by the resident according to the physician's instructions, the operator shall notify the
physician for instructions.
residents.
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provided.
E. No resident shall be permitted to use or take another residents medication.
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administration of medications.
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Smoking" sign.
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C. The administrator shall document the return of centrally stored prescribed medication.
Ses.2-3 228 c id nts' ' ght
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from other residents.
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3. The right not to be physically or psychologically abused or punished by the operator,
explanation.
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6. The right to communicate privately by mail or telephone with anyone, including
relatives, friends, caseworkers, medical and psychiatric facilities and members of public
agenciec. The right to reasonable use of the telephone, in accordance with house rules, that
define frequency and duration of calls and use of telephone for long distance.
7. The right to have visitors, provided that the visits are conducted at r asonable hours
and the visitors are not actively disruptive to the operator, tho operator's employees or family,
or other residents.
8. The right to make visits outside the home. However, there is a shared responsibility
by the operator and the resident to make mutual arrangements for keeping in touch with
ach other.
0. The right to make their decisions and choices in tho management of their personal
affairs, funds or property in accordance with their abilities.
10.The right to expect the cooperation of the provider in achieving the maximum degree
of benefit from placement.
11. The right to exercise their choice to attend and participate in religious activities.
B.. The policy on residents' rights shall be posted in a conspicuous place, and there shall be
documentation in the resident's record that the resident has read or had explained tho policy on
residents' rights.
Sec. 12 3 230. Grievances.
There shall be a written policy and procedure for handling grievances and problems which
shall indicate that, if the procedures outlined are not resolved to the residents' satisfaction,
residents may contact any of the following agencies:
A. The long term care ombudsman.
B. The Adult Protection Services of the appropriate County Department of Social
Services.
C. The Advocacy Services of the Ar a Agency on Aging.
D. The Colorado Department of Health or local Department of Public Health and
.,ro,^.mont.
Sec. 12-3 210. House meetings.
House meetings shall be held at least quarterly with residents, operator and appropriate staff
so that residents can voice grievances and make recommendations concerning facility policies.
Sec. 12 3 250. Smoking policy.
There shall be a policy on smoking. If smoking is permitted in any areas, such areas shall be
designated and residents and staff shall he informed upon admission or employment of any
prohibitions. Smoking policies shall apply to both residents and staff.
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Sec. 12 3 260. Personal funds.
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-property. There shall be no requirement for the operator to handle resident funds or property.
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dated, There shall be at lust a monthly accounting to the resident or legal guardian of all
mom and board and other expenses, any advancements, and the balance. An account shall
Public Health and Environment.
siden}�
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Sec. 2-3 260. u ruies
Soc. 12 3 290. Discharge policies.
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or for nonpayment of rent, in which case the responsible person shall be notified as soon as
possible.
Cr Discharge or transfer shall be coordinated with the resident,- his or her family or
responsible person or appropriate agency.
Sec. 12 3 300. License application.
A. The Department of Public Health and Environment has been designated for the licensing
of small personal care boarding homes.
B. It shall be unlawful for any person to operato or sauce to be operated a small personal
care-bearding-home as-defined herein unless the facility has been approved and regularly
licensed in the manner set forth in the rules and regulations contained herein.
C. Any person desiring a license to operate a small personal care boarding home shall
follow-the-Department of Public Health and Environment application and forms provided by the
Department of Public Health and Environment.
S--Failur€-of a licensee to show ability to meet the requirements of this Article shall result in
a denial of the application for license. (Weld County Codification Ordinance 2000 1)
Sec. 12 3 310. Inspection for license.
The-inspection of small personal care boarding homes shall be conducted by an authorized
agent-et-the-Department of Public Health and Environment in consultation with the Area Agency
Sec. 12 3 320. License renewal.
appropriate.
Sec. 12 3 330. Posting of license.
place in the facility.
Sec. 12 3 340. License not assignable.
Sec. 12-3 350. Revocation,-denial or suspension of license.
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1. Obtaining or attempting to obtain a licence by fraudulent m arts or misrepresentation
of any fact and misappropriation of property of residents.
2. Violation of these regulations.
3. Refusal to permit entry by Department of Public Health and Environment personnel or
other agents for the annual licensing inspection.
4. Conduct or practices determined by the Department of Public Health and Environment
to be detrimental to the welfare of the residents of the small personal carp boarding home.
B. If such a license issued hereunder is suspended or revoked, or upon denial of an
application, a written notice shall be given to the licensee stating the grounds of denial,
revocation or suspension. Said notice shall indicate the date the decision is effective and the
reasons for the denial, revocation or suspension and shall be sent by certified mail, return
receipt requested, to the address of the licensee indicated in the application.
C. Temporary suspension of license for a period of time not to exceed thirty (30) days may
be invoked for those emergency circumstances which require immediate action pending a
hearing on suspension or revocation of a licence. The Department of Public Health and
Environment first mutt find that the conduct of the licensee/operator or other agents or
employees or the condition of a small personal care boarding home presents an imminent
danger to the health, safety and welfare of the residents of the personal care boarding home
before a temporary order of suspension may be issued. Notice shall be given as in Section 12
3 40 D and by posting at the small personal care boarding home.
D. If a license is denied,-revoked-or suspended,-reinstatement of the annual operating
license shall be considered by the Department of Public Health and Environment if, within thirty
(30) days, conditions upon which revocation was based have been corrected and evidence of
this-fast-has been furnished to the Department of Public Health and Environment. (Weld County
Codification Ordinance 2000 1)
Sec. 12-3 360. Inspection of boarding home.
Each small personal care boarding home shall be periodically inspected, after the initial
inspection for licenco, by an authorized agent of the Department of Public Health and
Environment at least once annually.
Sec. 12 3 370. Closure of boarding home.
Any licensee of a facility licensed under this Article shall give thirty (30) days' notice to the
Department of Public Health and Environment prior to closing a facility or to closing any part of a
facility—The resident's records shall be given to the resident or a party responsible for the
continuing care of the resident. (Weld County Codification Ordinance 2000 1)
Sec. 12 3 380. Changes on license.
The Department of Public Health and Environment shall be notified by the licensee of the
change. Notification shall be in writing and shall contain the name of the present and new
operator-and the date the new operator is to be responsible for the small personal care boarding
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home. The new licensee is responsible for making application for an amended license under
the requirements of this Section. (Weld County Codification Ordinance 2000 1)
Sec. 12 3 390. Liability.
Nothing in this Article is intended to create a duty of care or create liability on the part of the
Board of County Commissioners or any agency,-officer or employee of the County. (Weld
County Codification Ordinance 2000 1)
CHAPTER 14
HEALTH AND ANIMALS
ARTICLE V
Rules and Regulations for Body Art Establishments
Amend Sec. 14-5-70. Application and review of plans.
A thru H - No change.
I. Grounds and procedures for revocation, denial or suspension of license:
1 thru 4 - No change.
5. Conviction of any felony or for any micdem anor which affects the ability of the
licensee to meet the requirements of this Article, including, but not limited to, any
crime involving fraud, deceit, assault or moral turpitude.
Remainder of Article - No change.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby
is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with
the amendments contained herein, to coincide with chapters, articles, divisions, sections, and
sub sections as they currently exist within said Code; and to resolve any inconsistencies
regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions,
sections, and sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
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The above and foregoing Ordinance Number 2012-2 was, on motion duly made and
seconded, adopted by the following vote on the 13th day of February, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Sean P. Conway, Chair
Weld County Clerk to the Board
William F. Garcia, Pro-Tem
BY:
Deputy Clerk to the Board
Barbara Kirkmeyer
APPROVED AS TO FORM:
David E. Long
County Attorney
Douglas Rademacher
First Reading: January 4, 2012
Publication: January 11, 2012, in the Fort Lupton Press
Second Reading: January 23, 2012
Publication: February 1, 2012, in the Fort Lupton Press
Final Reading: February 13, 2012
Publication: February 22, 2012, in the Fort Lupton Press
Effective: February 27, 2012
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