HomeMy WebLinkAbout20083268.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2008-12 was introduced on
first reading on August 25, 2008, and a public hearing and second reading was held on
September 15, 2008. A public hearing and final reading was completed on October 6, 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. 2008-12
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE
EFFECTIVE DATE: October 21, 2008
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 10, 2008
PUBLISHED: October 17, 2008, in the Greeley Tribune
a&) °WS is
2008-3268
Affidavit of Publication
STATE OF COLORADO
55.
County of Weld,
I, Jennifer Usher
of said County of Weld, being duly sworn, say that I am an
advertising clerk of
THE TRIBUNE
that the same is a daily newspaper of general circulation and
printed and published in the City of Greeley, in said county and
state; that the notice or advertisement, of which the annexed is a
true copy,(days): that the notice was published in the regular and
entire issue of every number of said newspaper during the period
NOTICE OF and time of publication of said notice, and in the newspaper
FINAL READING OF ORDINANCE - proper and not in a supplement thereof; that the first publication
Pursuant to the Weld County Home Rule Charter,Ordinance of said notice was contained in the,issue of the said newspaper-
Number 2008-12 was introduced on first reeding on August 2s, bearing date the Seventeenth day of October
2008,and a public hearing and second reading was held on
September 15,2008. A public hearing and final reading was AD. 2008 and the last publication thereof in the issue of said
completed on October 6,2008,with no change being made to
the text of said Ordinance,end on motion duly made and sec newspaper bearing date the Seventeenth day of
ended,was adopted. Effective date of said Ordinance is listed
below. October AD. 2008 that said The Tribune has been published
Any backup material,exhibits or information previously submit- continuously and uninterruptedly during the period of at least six •
ted to the Board of County Commissioners concerning this mat- months next prior to the first issue there of contained said notice
ter may be examined in the office of the Clerk to the Board of
County Commissioners,located in the Weld County Centennial or advertisement above referred to; that said newspaper has been
Center,915 10th Street,Third Floor,Greeley,Colorado,be-
tween the hours of 8:00 a.m.and 5:00 p.m.,Monday thru Friday, admitted to the United States mails as second-class matter under
or may be accessed through the Weld County Web Page the provisions of the Act of March 3, 1879, or any amendments
ww(w .co.weld.co.us). E-Mail messages sent to an Individual
Commissioner may not be included in the case file. To ensure thereof; and that said newspaper is a daily newspaper duly.
inclusion of your E-Mail correspondence Into the case file,please
send a copy toegesickOco.weM.co.us. qualified for publishing legal notices and advertisements within
ORDINANCE Na 2008-12 the meaning of the laws of the State of Colorado.
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENTS,CHAPTER 14 HEALTH
AND ANIMALS,OF THE WELD COUNTY CODE
EFFECTIVE DATE:October 21,2008 October 17, 2008
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
DATED:October 10,2008
The Tribune Total Charges: $18.43
October 17,2008_
Advertising ark
•
17th day of October, 2008
My Commission Expires 02/14/2011
may,
otary Public
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2008-12 was introduced on
first reading on August 25, 2008, and a public hearing and second reading was held on
September 15, 2008,with changes being made as listed below. 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 October 6, 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. 2008-12
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE
DATE OF NEXT READING: October 6, 2008, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 19, 2008
PUBLISHED: September 26, 2008, in the Greeley Tribune
............
CHANGES MADE TO CODE ORDINANCE #2008-12 ON SECOND READING
Sec. 14-4-20. Failure to control.
Amend the language within Paragraph A, to state: "...if said premises consists of ten (10)acres
or less anchor lies within a recorded subdivision, recorded planned unit development, or platted
townsite...".
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I, Jennifer Usher
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a daily newspaper of general
circulation and printed and published in the City of
NOTICE OF Greeley, in said county and state; that the notice or
SECOND READING OF ORDINANCE
•Pursuant to the Weld County Home Rule Charter,Ordinance
advertisement, of which the annexed is a true copy,
Number 2008-12 was introduced on first reading on August 25, has been published in said daily newspaper for
2008.and a public hearing and second reading was held on
September 15,2008,with changes being made as listed below. consecutive (days): that the notice was published in
A public hearing and third reading is scheduled to be held In the
Chambers of the Board.First Floor Hearing Room,91510th the regular and entire issue of every number of said
Street,Greeley,Colorado 80631,on October 6,2008. All per-
sons in any manner interested in the next reading of said Ordi- newspaper during the period and time of
nance are requested to attend and may be heard. publication of said notice, and in the newspaper
Please contact the Clerk to the Board's Office at phone(970) and not in a supplement thereof; that the
336-7215,Extension 4225,or fax(970)352-0242,prior to the proper P pP
day of the hearing if,as a result of a disability,you require rea- first publication of said notice was contained in the
sonable accommodations in order to participate in this hearing.
issue of the said newspaper bearing the date of the
Any backup material,exhibits or information previously submit-
ted to the Board of County Commissioners concerning this mat- Twenty-sixth day of September A.D.
ter may be examined in the office of the Clerk to the Board of
County Commissioners,located in the Weld County Centennial 2008 and the last publication thereof: in
Center,915 10th Street,Third Floor,Greeley,Colorado,be-
tween the hours of 8:00 a.m.end 5:00 p.m.,Monday thin Friday, the issue of said newspaper bearing the
or may be accessed through the Weld County Web Page date of the
(www.co.weld.co.us). E-Mail messages sent to an individual
Commissioner may not be included in the case file. To ensure Twenty-sixth day of September
inclusion of your E-Mail correspondence into the case file,please
send a copy to egesick@co.weld.co.us. A.D. 2008 that said The Greeley Tribune has been
ORDINANCE NO. 2008-12 published continuously and uninterruptedly during
ORDINANCE TITLE: IN THE MATTER OF REPEAUNG AND the period of at least six months next prior to the
REENACTING.WITH AMENDMENTS,CHAPTER 14 HEALTH
AND ANIMALS.OF THE WELD COUNTY CODE first issue thereof contained said notice or
DATE OF NEXT READING: October 6,2008,at 9:00 a.m. advertisement above referred to; that said
BOARD OF COUNTY COMMISSIONERS newspaper has been admitted to the United States
WELD COUNTY,COLORADO mails as second-class matter under the provisions
DATED: September 19,2008 the Act of March 3, amendments
PUBLISHED: September 26,2008,in the Greeley Tribune of 1879, or any
thereof; and that said newspaper is a daily
CHANGES MADE TO CODE ORDINANCE X2008-12 ON newspaper duly qualified for publishing legal
SECOND READING
notices and advertisements within the meaning of
Sec.14.4.20.Failure to control.
the laws of the State of Colorado.
Amend the language within Paragraph A,to state:"...if said
premises consists of ten(10)acres or less,or Iles within a re-
corded subdivision,recorded planned unit development.or plat-
ted September 26, 2008
The Tribune
September 26,2008
Total Charges: $25.99
A v ising C
Subscribed and sworn to before me this
26th day of September,2008
My Commission Expires 6/14/2009
/44/Y
Notary Public
WELD COUNTY
CODE ORDINANCE 2008-12
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, 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 14
HEALTH AND ANIMALS
Amend Sec. 14-4-10. Definitions.
As used in this Article, the following words have the following meanings:
Owner means any partnership, corporation, person, or the parent, guardian or custodian
of a child under sixteen (16) years of age, who owns any dog or has the same in his or her care,
custody or control;or who causes or suffers the same to remain on his or her premises for a period
of tl..et. (3) Jays un..u.
Delete the definition of Vicious dog from Sec. 14-4-10.
Vicious dug ...cai,s a dug that.
a. Elites o. attacks a perain., dun.e0t,c a.. ..'al or p,,t a..i...al vvitl.aut piuvu,.atiu..,
b. Appr„a,,hus any peraen 4. an apparent att,tude of attack and/or in a vi,,iuua u.
terrorizing manner, or
el 'as-Lcc.rfuu..Jlv-bc e vi usduy bra..rt.uat ti.r a,ira,.Lu.r
Amend Sec. 14-4-20. Failure to control.
It is unlawful for the owner or any person having custody of any dog to fail to control said
dog within the County, except the portions of the County which are within the city limits of any
incorporated municipality within the County.An owner or other person having custody of a dog shall
be deemed not to control a dog under the following circumstances:
A. Any owner having more than four(4)dogs which are over six(6) months of age on
his or her premises, if said premises consist of ten (10)acres or less and lies within
a recorded subdivision, recorded planned unit development, or platted townsite; or
more than eight(8)dogs which are over the age of six(6) months, if said premises
consist of more than ten (10)acres, at any time, shall be deemed to fail to control
said dogs.
B through D - No change.
E. An owner shall be deemed to fail to control a dog if the dog is a vicious dog as
dafi,'ad tlhis Auticlo, and is Tooth the pl.ys;cal col,trol of the owner.
F. Affirmative defenses:
1 through 4 - No change.
5. It shall be an affirmative defense to an alleged violation of Subsection A if
a Use by Special Review permit has been approved by the Weld County
Board of Commissioners and a plat recorded in the Weld County Clerk and
Recorder's Office for a Kennel in order to exceed maximum number
established through Chapters 14 and 23 of this Code.
Amend Sec. 14-4-40. Impoundment of dogs.
A. Upon the execution of a contract between the County and the Humane Society of
Weld County, it shall be the duty of the Humane Society to impound any dogs found
running at large or off the premises of the owner, whether or not he or she is
accused of any other violations set forth in Subsection 14-4-20.A, B, C, or D or C.
Remainder of Section - No change.
Amend Sec. 14-4-80. Violations and penalties.
A. Any violation of Subsections 14-4-20.A through C, B, and D of this Article, which
does not involve bodily injury to any person or any animal, shall be a Class 2 Petty
Offense, as defined by Section 18-1-107, C.R.S.Violations of each subsection shall
be considered separate offenses, each of which is subject to a separate penalty.
Upon conviction of a violation of Section 14-4-20 of this Article, and not involving
bodily injury, the offender shall be punished according to the following schedule:
Remainder of Section - No change.
Amend Sec. 14-4-100. Class 2 Misdemeanors.
A. A dog owner commits a Class 2 Misdemeanor ift
1. Tthe owner's dog commits a violation of Subsection 14-4-20.C of this Article.
2. The owner's dog is a vicious dog, and there is a violation of Subsection
14-4-20.C of this ATt;ck.
B. Any person convicted of a Class 2 Misdemeanor under this Section shall be fined
not less than two hundred fifty dollars ($250.00) and not more than one thousand
dollars ($1,000.00)and/or imprisoned in the County Jail for not more than .c{9)
II,aone-hundred eighty (180) days.
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 2008-12 published above,
was introduced and, on motion duly made and seconded, approved upon first reading on August
25, 2008. 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 September 15,
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: September 15, 2008, at 9:00 a.m.
THIRD READING: October 6, 2008, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 29, 2008
PUBLISHED: September 5, 2008, in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2008-12
IN THE MATTER OF REPEALING AND REENACTING.WITH AMENDMENTS.CHAPTER 14
HEAT TH AND ANIMALS.OF THE WELD COUNTY CODE p Publication
BE iT ORDAINED BY THE BOARD OF COUNI Y COMMISSIONERS OF THE COUNTY OF Affidavit of L tlblication
WELD.STATE OF COLORADO:
WHEREAS the Board of County Commiss'o lens of the County of Weld.State of Colorado nucsn-
WHEREAS.the Weld County Code Is In need of revision and clarification with regard to proce-
dures antl requirements therein STATE OF COLORADO
NOW,THEREFORE,BE IT ORDAINED by Inc Board of County Commissioners of the County of
eld,State of Colorado.that certain existing Chapters of the Weld County Code be,and hereby 55.
__.repealed and re-enacted,with amendments.and the various Chapters are revised to read as County of Weld,
,flows
CHAPTER 14
HEALTH AND ANIMALS I, Jennifer Usher
Amend Sec.14-4-10.Definitions.
As used in this Article,the following words have the Wowing meanings: of said County of Weld, being duly sworn, say that I am an
advertising Clerk of
Owner means any partnership,corporation.parson,n,the parent,guardian or custodian of a child
under sixteen(16)years of age.who owns any dog or nos the same in his or her care,custody or
control.
THE TRIBUNEDelete the definition of Vicious dog from Sec. 14-4-10
Amend Sec.14.4-20.Failure to control.
that the same is a daily newspaper of general circulation and
It Is unlawful for the owner or any person having custody of any dog to fail to control said dog with-
in the County,except the portions of the County which are within the city limits of any incorporated printed and published in the City of Greeley, in said county and
municipality within the County.An owner or other person having custody of a dog shall be deemed state; that the notice or advertisement, of which the annexed is a
not to control a dog under the following circumstances'.
true copy,(days): that the notice was published in the regular and
A.Any owner having more than four(4)dogs which are over six(6)months of age on his or her
premises.it said premises consist of ten(101 acres or less and lies within a recorded subdivision,o, entire issue of every number of said newspaper during the period
recorded planned unit development,or platted of ta:or more than eight(8)dogs which are over and time of publication of said notice, and in the newspaper
the age of six(6)months,if said premises consist of more than ten(10)acres,at any time,shall be
deemed to fail to control said dogs. proper and not in a supplement thereof; that the first publication
B mtongh D-No change. of said notice was contained in the,issue of the said newspaper-
EAfnmiawe defenses bearing date the
1 trough 4-No change. Fifth day of September AD. 2008,and the
5.It shall be an affirmative defense to an alleged violation of Subsection A if a Use by Special Re- last publication thereof: in the issue of said newspaper bearing
view permit has been approved by the Weld County Board of Commissioners and a plat recorded date the Fifth day of September AD. 2008 that
in the Wetd County Clerk and Recorder's Office for a Kennel in order to exceed maximum number
established through Chapters 14 and 23 of this Code. said The Tribune has been published continuously and
Amend Sec.14-4-40.Impoundment of dogs, uninterruptedly during the period of at least six months next prior
A.Upon the execution of a contract between the County and the Humane Society of Weld County.it to the first issue there of contained said notice or advertisement
shall be the duty of the Humane Society to impound any dogs found running at large or off the above referred to; that said newspaper has been admitted to the
prcmin 1 4-2o owner,, . . r whether or not he or she is accused of any other violations set forth in Sub-
section United States mails as second-class matter under the provisions
14-
Remainder of section-No change. of the Act of March 3, 1879,or any amendments thereof;and that
said newspaper is a daily newspaper duly qualified for
Amend Sec.14-4-80.Violetion4 and penalties.
�ny violation of Subsections 14-a-zo.A,B.and D of this Article,which does not involve bodily publishing legal notices and advertisements within the meaning
ry to any person or any animal,shall be a Class 2 Petty Offense,as defined by Section of the laws of the State of Colorado.
18-1.107.C.R.S.Violations of each subsection shall be considered separate offenses,each of
which is subject to a separate penalty.Upon conviction of a violation of Section 14-4-20 of this
Article.and not involving bodily injury,the offender shall be punished according to the following
schedule:
Remainder of Section-No change. September 5,2008
Amend Sec.14-4-100.Class 2 Misdemeanors.
A A dog owner commits a Class 2 Misdemeanor if the owner's dog commits a violation of
Subsection 14-4-20.C of this Article.
B.Any person convicted of a Class 2 Misdemeanor under this Section shall be fined not less than Total Charges: $93.19
two hundred fitly dollars($250.00)and not more than one thousand dollars($1,000.00)and/or
imprisoned in the County Jail for not more than one-hundred eighty(180)days.
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 p
sub-sections in said Code.
BE IT FURTHER ORDAINEDneeis by the Breason
if any sectioned to
o beion,paragraph,1.stchce, one, 1 p
shah not ffof thise validityefsfereny in pheldsrereiof. thbB dof uin Comchmissioners
decision
stonr
shall ofecrethe that
d remainingthe en portions Ordnan Ordinance in Board The vCounty rct Cnmuisection, /I ,Ii hereby declares it lawould have ased this Ordinancev each and every one,subsection, (i
paragraph,stions, 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 vertising Clerk
unconstitutional orinvalid-
NOTICE
5th day of September, 2008
PURSUANT to the Weld County Home Rule Charter,Ordinance Number 2008.12 published above,
was introduced and,on motion duly made and seconded,approved upon first reading on August
25,2008. 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 September 15,
2008. All persons in any manner interested in the reading of said Ordinance are requested to
attend and may be heard. My Commission Expires 06/14/2009
Plason etact the drk fie the Board's office atip pto ine 0)heriing.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 Commis-
Notary Public
sioners concerning this maser may be examined in the office of the Clerk to the Board of County y
Commissioners located in the Weld County Centennial Center,Third Floor,915 10th Street,
Greeley,Colorado between the hours of 800 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
vidual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail
espondence into the case file,please send a copy to egesick@co.weld.co.us.
SECOND READING:September 15.2008,at 9:00 a.m.
THIRD READING. October 6,2008,at 9:00 a.m. ,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
DATED: August 29,2008
The Tribune
September 5,2008
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