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HomeMy WebLinkAbout20081988.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2008-3 was introduced on first reading on March 10, 2008, which was continued to April 7, 2008, and a public hearing and second reading was held on April 28, 2008. A public hearing and final reading was completed on June 2, 2008, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2008-3 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF THE WELD COUNTY CODE EFFECTIVE DATE: June 16, 2008 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 6, 2008 PUBLISHED: June 11, 2008, in the Fort Lupton Press OR D aea-3 2008-1988 PROOF OF PUBLICATION NOTICE OF FINAL READING OF ORDINANCE FORT LUPTON Pursuant to the Weld County STATE OF COLORADO Home Rule Chaffer, Oru on fist rer2008-3was introducedh10. 8, n first reading on March 10, 2008, COUNTY OF WELD SS. whichwascontinued to April 7, 2008, and a public hearing and second reading was held on April 28, 2008. A public hearing and final reading was completed on June 2, 2008, with no change being made to the text of said I, Karen Lambert, do solemnly swear that I Ordinance, and on motion duly made and seconded, was am the Publisher of the Fort Lupton Press; adopted. Effective date of said w. that the same is a weekly newspaper printed Ordinance is listed material, exhibits inf bacon revs usl, mt d r information previously submitted and published in the County of Weld, State to the Board of County Commissioners concerning this of Colorado, and has a general circulation matter may be examined in the offitherein; that said newspaper has been County ue o the Commissioners, Board in to located rd of thpublished continuously and uninterruptedly Center, r, 9County t Center,Weld 1 n Street,Centennial rFl in said county of Weld for a period of more the eo hours ofm. and 00 Greeley, o a.m. 5:00 p.m., Monday thru Friday, or may Weld County Web Page first publication of the annexed legal notice (www.co.weldeo.us). E-Mail messages sent to an individual or advertisement; that said newspaper has Commissioner may not be included in the case file. To been admitted to the United States mails as ensure inclusion of your E-Mail correspondence second-class matter under the provisions of file, into the case please p send a copy to egesick@co.weld.co.us. the act of March 3, 1879, or any ORDINANCE NO.2008-3 amendments thereof, and that said ORDINANCE TITLE: IN THE newspaper is a weekly newspaper duly MATTER OF REPEALING AND REENACTING, WITH qualified for publishing legal notices and AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF THE advertisements within the meaning of the WELD COUNTY CODE laws of the State of Colorado. That the EFFECTIVE DATE: June 16, 2008 annexed legal notice or advertisement was BOARD OF COUNTY published in the regular and entire issue of COMMISSIONERS WELD COUNTY,COLORADO every number of said weekly newspaper for DATED:June 6,2008 the period of 1 consecutive insertion(s); and PUBLISHED: June 11, 2008, in the Fort Lupton Press that the first publication of said notice was in the issue of newspaper, dated 11th day of June, 2008, and the last on the 11th day of June, 2008. Publisher. Subscribed and sworn b co LOAFS 6th day of June, 2008. 0 Np?ARY (P O o g I. ( p� t,SC Q S. ON EX%P Notary Public. CASE NO.401951 key 51843 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2008-3 was introduced on first reading on March 10, 2008, and a public hearing and second reading was held on April 28,2008,with no change being made to the text of said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on May 19, 2008. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970)352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2008-3 ORDINANCE TITLE: IN THE MATTER OF IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF THE WELD COUNTY CODE DATE OF NEXT READING: May 19, 2008, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 2, 2008 PUBLISHED: May 7, 2008, in the Fort Lupton Press PROOF OF PUBLICATION NOTICE OF SECOND READING FORT LUPTON OF ORDINANCE 'ATE OF COLORADO Pursuant to tCharter, Weld County Home Rule 3na s Ordinance Number 2008-3 was introduced on UNTY OF WELD SS. first reading on March 10, 2008, and a public hearing and second reading was held on April 28, 2008,with no change being made to the text of said Ordinance. A public hearing and third reading is schedI, Karen Lambert, do solemnly swear that I Chambers ft be , in the Hearing of the Board,FirstFloo, Hearing Room, 915 10th Street, am the Publisher of the Fort Lupton Press; Greeley, Colorado 80631,on May 19, that the same is a weekly newspaper printed manner interested All o eerain the in any next reading of said Ordinance are and published in the County of Weld, State requested to attend and may be heard. of Colorado, and has a general circulation Please contact the Clerk to the Boards Office at phone(970)336- therein; that said newspaper has been 7215,Extension 4225,or fax(970) 352-0242, prior to the day of the published continuously and uninterruptedly hearing if, as a result of a in said county of Weld for a period of more disability, you require reasonable orr accommodations, you sor to participate in this hearing. than fifty-two consecutive weeks prior to the Any backup material, exhibits or first publication of the annexed legal notice information ariouslo submitted to the Board of County Commissioners concerning this or advertisement; that said newspaper has matter may be examined in the been admitted to the United States mails as Cloue f the i to the Board of County h ler to Commissioners,located in of the Weld County Centennial second-class matter under the provisions of Center, 915 10th Street, Third the act of March 3, 1879, or any the hours Greeley,Colorado,andbe 00 Floor, le ,Co a.m. 5:00 p.m., Monday thru Friday, or may amendments thereof, and that said be accessed through the Weld County Web Page newspaper is a weekly newspaper duly (www.co.weld.co.us). E-Mail messages sent to an individual qualified for publishing legal notices and Commissioner may not be included in the case file. To advertisements within the meaning of the ensure inclusion of your E•Mail correspondence into the case laws of the State of Colorado. That the file, please send a copy to egesick@co.weld.co.us. exed legal notice or advertisement was lished in the regular and entire issue of ORDINANCE NO.2008-3 ORDINANCE TITLE: IN THE every number of said weekly newspaper for MATTER OF IN THE MATTER OF EENACTING, the period of 1 consecutive insertion(s); and WITH AMENDM AD MENDMENTS,CHAPTER that the first publication of said notice was in WELDENFORCEMENT, OUNTv ODET OF THE the issue of newspaper, dated 7th day of DATE OF NEXT READING:May 19,2008,at 9:00 a.m. May, 2008, and the last on the 7th day of BOARD OF COUNTY May, 2008. COMMISSIONERS WELD COUNTY,COLORADO DATED:May 2,2008 PUBLISHED:May 7,2008,in the Fort Lupton Press Publisher. Subscribed and sworn b l.) LOpF,� 7th day of May, 2008. w N�p}?A�RY' Le. N O O O ?iuL S 9 oiepump Q'opco.4. SON E%oP Notary Public. CASE NO.401951 key 51287 WELD COUNTY CODE ORDINANCE 2008-3 IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,CHAPTER 6 LAW ENFORCEMENT, 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 6 LAW ENFORCEMENT ARTICLE I Adoption of Model Traffic Code Division 1 General Provisions Amend Sec. 6-1-30. Additions or modifications. Additions or modifications to the Model Traffic Code are as stated in this Article, and specifically, the following: A. The Model Traffic Code, Section 1204, Parking, is hereby amended to add the following subsections (6) and (7): 1204. Stopping, standing, or parking prohibited in specified places. (6) As the unregulated parking of oversized vehicles in residence districts within the County creates a public safety hazard and a public nuisance in that the parking of such vehicles diminishes parking availability, inhibits through access and sight visibility and limits access of emergency vehicles to property, no person shall park any oversized vehicle upon any County maintained public street or highway within any residence districts within the County, except for the purpose of loading and unloading. (7) For the purposes of this Section, only: (a) "Oversized Vehicle" means any vehicle which exceeds thirty (30) feet in length, or seven (7) feet in width, or seven (7)feet in height. (b) "Residence District"means the territory contiguous to and including a street, highway, public right-of-way or public property not comprising a business district when the frontage on such highway for a distance of three hundred (300) feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business, and includes County subdivisions and unincorporated townsites within the County. Amend Sec. 6-1-40. Procedures and penalties. Sections 1709 and 1710 of the Model Traffic Code are modified, as follows: A through K- No change. L. In the case of multiple traffic offenses involving aggressive driving, the applicable penalty or penalty assessment shall be tripled for each traffic offense. For purposes of this subsection, "aggressive driving" means committing any three or more of the following violations in a single act or series of acts in close proximity to another motor vehicle: 1) exceeding the speed limits(1101); 2)following too closely(1008); 3)failure to obey official traffic control devices (603); 4) failure to give an adequate signal (903); 5) failure to yield right-of-way (701, 702, 703); and 6) unsafe lane change (903). Amend Appendix 6-A- SEE ATTACHED. 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. * * * * * * * * * * * NOTICE PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2008-3 published above,was introduced and,on motion duly made and seconded on March 10, 2008,was continued to April 7, 2008, at which time it was approved upon first reading. A public hearing and second reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on April 28, 2008. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, Third Floor, 915 10th Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. SECOND READING: April 28, 2008, at 9:00 a.m. THIRD READING: May 19, 2008, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: April 11, 2008 PUBLISHED: April 16, 2008, in the Fort Lupton Press PROOF OF PUBLICATION WELD COUNTY dwellings and buildings in use for CODE ORDINANCE 2008-3 dwellings and includes County FORT LUPTON townsites within h unincorporated oun IN THE MATTER OF subdivisions the County. REPEALING STATE OF COLORADO CAND REENACTING, T, WITH p Amend See- e40.Procedures LMENDMEEMENTC, CHAPOFR 6 and penalties. COUNTY OF WELD SS. LAW ENFORCEMENT, OF THE WELD COUNTY CODE Sections dlTraffic and 1710 ofdi the Model Code are modified, BE IT ORDAINED BY THE as follows: BOARD OF COUNTY COMMISSIONERS THE A through K-No change. COUNTY O OF WELD, F STATE OF I, Karen Lambert, do solemnly swear that I COLORADO: L. In the case of multiple traffic offenses involving aggressive am the Publisher of the Fort Lupton Press; WHEREAS, the Board of County driving, the applicable penalty or Commissioners of the County of penalty assessment shall be that the same is a weekly newspaper printed Weld,State of Colorado,pursuant tripled for each traffic offense. For to Colorado statute and the Weld purposes of this subsection, and published in the County of Weld, State County Home Rule Charter, is 'aggressive driving" means vested with the authority of committing any three or more of of Colorado, and has a general circulation administering the affairs of Weld the following violations in a single County,Colorado,and act or series of acts in close therein; that said newspaper has been WHEREAS, the Board of County proximity to another motor vehicle: Commissioners, on December 28, 1) exceeding the speed limits published continuously and uninterruptedly 2000,adopted Weld County Code (1101); 2) following too closely Ordinance 2000-1, enacting a (1008); 3) failure to obey official in said county of Weld for a period of more comprehensive Code for the traffic control devices (603); 4) County of Weld, including the failure to give an adequate signal than fifty-two consecutive weeks prior to the codification of all previously (903);5)failure to yield righta'ofa adopted ordinances of a general 'way (701, 702, 703); and 6) first publication of the annexed legal notice and permanent nature enacted on unsafe lane change(903). or before said date of adoption, or advertisement; that said newspaper has and Amend Appendix 6-A-SEE WHEREAS, the Weld County ATTACHED. been admitted to the United States mails as Code is in need of revision and clarification with regard to BE IT FURTHER ORDAINED by second-class matter under the provisions of procedures, terms, and the Board that the Clerk to the rethe act of March 3, 1879, or any NO,ements therein. Board and THEREFORE, BE IT oarrange Coloradofor ereby is, directed Code ORDAINED by the Board of Publishing to supplement the Weld amendments thereof, and that said County Commissioners of the County Code with the County of Weld, State of amendments contained herein, to newspaper is a weekly newspaper duly Colorado, that certain existing coincide with chapters, articles, Chapters of the Weld County divisions, sections, and sub qualified for publishing legal notices and Code be, and hereby are, sections as they currently exist repealed and re-enacted, with within said Code; and to resolve advertisements within the meaning of the amendments, and the various any inconsistencies regarding Chapters are revised to read as capitalization, grammar, and laws of the State of Colorado. That the follows. numbering or placement of chapters, articles, divisions, annexed legal notice or advertisement was CHAPTER 6 sections,and sub-sections in said LAW ENFORCEMENT Code. published in the regular and entire issue of BE IT FURTHER ORDAINED by ARTICLE I the Board if any section, every number of said weekly newspaper for Adoption of Model Traffic Code subsection, paragraph, sentence, clause, or phrase of this the period of 1 consecutive insertion(s); and Division 1 Ordinance is for any reason held General Provisions or decided to be unconstitutional, that the first publication of said notice was in such decision shall not affect the Amend Sec.6-1-30.Additions or validity of the remaining portions the issue of newspaper, dated 16th day of modifications. hereof. The Board of County Commissioners hereby declares April, 2008, and the last on the 16th day of Additions or modifications to the that it would have enacted this O Model Traffic Code are as stated Ordinance in each and every April, 2008. in this Article,and specifically,the section, subsection, paragraph, following: sentence, clause, and phrase thereof irrespective of the fact that A. The Model Traffic Code, any one or more sections, Section 1204, Parking, is hereby subsections, paragraphs, amended to add the following sentences, clauses, or phrases subsections(6)and(7): might be declared to be unconstitutional or invalid. 1204. Stopping, standing, or parking prohibited in specified NOTICE places. PURSUANT to the Weld County (6)As the unregulated parking of Home Rule Charter, Ordinance _ oversized vehicles in residence Number 2008-3 published above, districts within the County creates was introduced and, on motion a public safety hazard and a public duly made and seconded on nuisance in that the parking of March 10,2008,was continued to such vehicles diminishes parking April 7,2008,at which time it was availability,inhibits through access approved upon first reading. A and sight visibility and limits public hearing and second reading C±f\(1 access of emergency vehicles to is scheduled to be held in the �'`�� —_J properly,no person shall park any Chambers of the Board,First Floor oversized vehicle upon any Hearing Room, 915 10th Street, County maintained public street or Greeley,Colorado 80631,on April highway within any residence 28, 2008. All persons in any districts within the County, except manner interested in the reading \t.�p� for the purpose of loading and of said Ordinance are requested to Publisher. Subscribed and sworn b 0 unloading. attend and may be heard. Please contact the Clerk to the 14th day of April, 2008. ,`p?ARY (7) For the purposes of this Board's office at phone(970)336- „ /� /�� 336- Section,only: 7215,Extension 4225,or fax(970) "t/� 352-0242, prior to the day of the -C)O' (a) "Oversized Vehicle" means hearing if, as the result of a J ( N O o any vehicle which exceeds thirty disability, you require reasonable ' PU�C Q,. o (30) feet in length, or seven (7) accommodations in order to ('� 'J.-� c� jy O,-..,_OQ. �pQ' ffheight width, or seven (7) feet in participate in this hearing. 1. 1`,L1) , �g Any backup material, exhibits or (b)"Residen Et previously submitted ce District"means the to the Board of County Notary Public. territory contiguous to and Commissioners concerning this including a street, highway, public matter may be examined in the righta 'ofa Way or public property office of the Clerk to the Board of not comprising a business district CoeptatoppisgpgggT i euteg6B Than ill. nnInna nn end-h mP_, n rS.,,,m, Col_„Pnnin and 5:00 p.m.,Monday thru Friday,or may be accessed through the Weld County Web Page(www.co.weld.co.us).E-Mail messages sent to an individual Commissioner may not be included in the case file.To ensure inclusion of your E-Mail correspondence Into the case file,please send a copy to egeslek@co.weld.co.us. SECOND READING:April 28, 2008,at 9:00 a.m. THIRD READING:May 19,2008, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO DATED:April 11,2008 PUBLISHED:April 16,2008,in the Fort Lupton Press CASE NO.401951 key 50959 Hello