HomeMy WebLinkAbout20042325.tiff WELD COUNTY
CODE ORDINANCE 2004-7
IN THE MATTER OF THE ADDITION OF ARTICLE VI, PROHIBITION OF SOLICITATIONS IN
OR NEAR A PUBLICLY MAINTAINED STREET, ROAD, OR HIGHWAY, TO CHAPTER 17,
PUBLIC PLACES, 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 requirement therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Article VI, Prohibition of Solicitations in or near a Publicly
Maintained Street, Road, or Highway be, and hereby is, added to Chapter 17, Public Places, of the
Weld County Code, to read as follows.
CHAPTER 17
PUBLIC PLACES
ARTICLE VI
Prohibition of Solicitations In or Near a
Publicly Maintained Street, Road or Highway
Sec. 17-5-10. Purpose and Intent.
The purpose and intent of this Article is to prevent dangers to persons and property, to prevent
delays, and to avoid interference with traffic flow caused by persons soliciting employment,
business,contributions,or sales of any kind, or collecting monies for the same, in or near a publicly
maintained street, road, or highway.
Sec. 17-5-20. Application, jurisdiction, procedure.
This Article shall apply to,and be enforceable on,all publicly maintained streets,roads,or highways
in unincorporated Weld County, including, but not limited to, public rights-of-way owned and
maintained by Weld County or the State of Colorado Department of Transportation. It shall be the
duty of the Sheriff to enforce the regulations contained herein. The County Court shall have
jurisdiction in prosecutions of violations of the regulations contained herein. Simplified County Court
procedures, as set forth in Section 16-2-101, et seq., C.R.S., shall be applicable to prosecutions
of violations of the regulations contained herein. Any summons and complaint brought in the
County Court for violation of any of the regulations contained herein shall be filed in the name of the
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County of Weld, by and on behalf of the People of the State of Colorado, with all process issued
from the County Court likewise denominated. The County Attorney shall be empowered to enforce
the regulations contained herein and to appear and prosecute for the County of Weld, by and in the
name of the People of the State of Colorado, in any proceeding in the County Court involving a
violation of the regulations contained herein.
Sec. 17-5-30. Definitions.
Unless specifically stated otherwise,the following words have the following definitions in this Article:
Median means the area of a street, road, or highway, generally in the middle, which
separates traffic traveling in one direction from the traffic traveling in another direction, or
which, at intersections, separate traffic turning left from traffic proceeding straight. Such
area is physically defined by curbing, landscaping, or other physical obstacles,to the area's
use by motor vehicles, or by traffic control markings which prohibit use of a portion of the
pavement of a street, road or highway by motor vehicles other than to drive generally
perpendicularly across the markings or to wait there awaiting the opportunity to cross or
merge with opposing lanes of traffic(also known as painted medians,which are wider than
a double yellow line); or the area of a street, road or highway and a right turn only lane,
roughly triangular in shape,and separated from the motor vehicular traffic lanes by curbing,
landscaping, or other physical obstacles to the area's use by motor vehicles (also known
as a right turn island).
Street, road, or highway means the entire width between the boundary lines of every way
publicly maintained when any part thereon is open to the use of the public for purposes of
vehicular travel, or the entire width of every way declared to be to be a public street, road,
or highway by any law of the State of Colorado, including, but not limited to, the area
intended for or capable of pedestrian travel, such as a sidewalk or shoulder.
Traveled portion means that portion of the publicly maintained street, road, or highway
normally used by moving motor vehicle traffic.
Sec. 17-5-40. Prohibited acts generally.
It shall be unlawful for any person to solicit employment, business, contributions, or sales of any
kind, or collect monies for the same, from the occupant of any motor vehicle traveling upon any
publicly maintained street, road, or highway, when the person performing the activity:
A. Enters onto the traveled portion of a publicly maintained street, road or highway.
B. Is located upon any median or area of the street, road or highway intended for or
capable of pedestrian travel, such as a sidewalk or shoulder.
C. Is located such that vehicles cannot move into a legal parking area to safely conduct
the transaction.
Sec. 17-5-50. Violation; penalties.
A. Any violation of this Article is a Class 2 petty offense punishable, upon conviction, by
a mandatory fine of not less than twenty-five dollars ($25.00), nor more than fifty
dollars ($50.00), upon a first conviction; by a mandatory fine of not less than fifty
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dollars ($50.00), nor more than one hundred dollars ($100.00), upon a second
conviction; and by a mandatory fine of not less than one hundred dollars($100.00),
nor more than three hundred dollars ($300.00), upon a third or subsequent
conviction.
B. It is at the discretion of the Court, upon the conviction of any person and the
imposition of fine under this Section,to suspend any or all of the fine in excess of the
mandatory minimum fine upon the condition that the convicted person perform
community service work at a time and in a manner prescribed by and at a place
within the jurisdiction of the Court, for not less than eight (8) hours upon a first
conviction or for not less than sixteen (16) hours upon a second or subsequent
conviction.
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.
The above and foregoing Ordinance Number 2004-7 was, on motion duly made and
seconded, adopted by the following vote on the 25th day of September, A. D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Robert D. Masden, Chair
Weld County Clerk to the Board
William H. Jerke, Pro-Tem
BY:
Deputy Clerk to the Board
M. J. Geile
APPROVED AS TO FORM:
David E. Long
County Attorney EXCUSED
Glenn Vaad
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Publication: July 7, 2004, in the Fort Lupton Press
First Reading: July 21, 2004
Publication: July 28, 2004, in the Fort Lupton Press
Second Reading: August 9, 2004
Publication: August 14, 2004, in the Fort Lupton Press
Final Reading: August 25, 2004
Publication: September 1, 2004, in the Fort Lupton Press
Effective: September 5, 2004
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