HomeMy WebLinkAbout20011469.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2001-3 was introduced
on first reading on April 4, 2001, and a public hearing and second reading was held on April 23,
2001. A public hearing and final reading was completed on May 14, 2001, 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
charding@co.weld.co.us.
ORDINANCE NO. 2001-3
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 2 ADMINISTRATION AND CHAPTER 12 LICENSE AND
PERMITS, OF THE WELD COUNTY CODE
EFFECTIVE DATE: May 28, 2001
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 18, 2001
PUBLISHED: May 23, 2001, in the Tri-Town Farmer and Miner
2001-1469
Affidavit of Publication
STATE OF COLORADO
County of Weld SS.
I A. Winkler Riesel of said County of Weld being
duly sworn,say that I am publisher of
FARMER&MINER
that the same is a weekly newspaper of general
circulation was printed and published in the town of NOTICE OF FINAL READING
OF ORDINANCE
FREDERICK
in said county and state that the notice of Pursuant to the Weld County
advertisement,of which the annexed is a true copy has Home Rule u Charter,
3
been published in said weekly newspaper for was introduced n uceder n0 fi st
wasnceNum on first
reading on April 4,2001,and
ONE consecutive weeks: that the notice was o public hearing andsecond
published in the regular and entire issue of every reading was held on May 14,
number of said newspaper during the period and time 2001,with no change being
of publication of said notice and in the newspaper made to the text of said
and not in a supplement thereof: that the first Ordinance,and on motion
proper PP duly made and seconded,
publication of said notice was contained in the issue of wasadopfed.Etrectivedate
said newspaper bearing the date of of said Ordinance is listed
below,
MAY 23 A.D.2001 and the last publication thereof,
Any backup material,
in the issue of said newspaper, bearing date, the exhibits or information
23rd day of MAY 2001 that the said previously submitted to the
Board of County
FARMER &MINER Commissioners concerning
this mattermay be examined
has been published continuously and uninterruptedly in the office of the Clerk to
during the period of at least fifty-two consecutive the Board of County
weeks next prior to the first issue thereof containing Commissioners, located to
said notice or advertisement above referred to: and the Weld Count yCentennial
that said newspaper was at the time of each of the Center,915 10th Street,third
publications of said notice duly qualified for that Floor, Greeley, Colorado,
purpose within the meaning of an act entitled. "An between the hours of 8:00
Act Concerning Legal Notices, Advertisements and a.m.and 5'.00 p.m.,Monday
thruPublications and the Fees of Printers and Publishers accessed Friday,throughr they bd
webthe Weld
thereof, and to Repeal all Acts and Parts of Acts in County web Page
Conflict with the Provisions of this Act" approved (wwwco.weld.us.). E-Mail
April 7, 1921, and all amendments thereof, and messages sent to an
particularly as amended by an act approved, March individuolCommissionermay
30, 1923,and an act approved May 13,1931 not be included in the case
file to ensure inclusion of
your E-Mail correspondence
intothecosefile,pleasesend
/ L a copy to
chording@co.weld.co.us.
Publisher
ORDINANCE NO. 2001-3
Subscribed and sworn to before me this 23rd day of
ORDINANCE TITLE: IN THE
MAY, A.D. 2001 MATTER OF REPEALING AND
REENACTING, WITH
AMENDMENTS, CHAPTER 2
ADMINISTRATION AND
CHAPTER 12 LICENSE AND
PERMITS, OF THE WELD
i/�iJf j.C1 )81822 COUNTY CODE.
Notary Public EFRCTIVEDATE:May28.2001
BOARD OF COUNTY
P.O.BOX 125 COMMISSIONERS
WELD COUNTY,
COLORADO
FT.LUPTON, CO 80621 DATED: May 18,2001
PUBLISHED: May 23.2001,lo
the Tri-Town Former and
Miner.
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2001-3 was introduced
on first reading on April 4, 2001, and a public hearing and second reading was held on April 23,
2001, 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 May 14, 2001. 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) 356-4000, Extension 4226, 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
charding@co.weld.co.us.
ORDINANCE NO. 2001-3
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 2 ADMINISTRATION AND CHAPTER 12 LICENSES AND
PERMITS, OF THE WELD COUNTY CODE
DATE OF NEXT READING: May 14, 2001, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: April 27, 2001
PUBLISHED: May 2, 2001, in the Tri-Town Farmer and Miner
* • * * * * * * * * * * *
CHANGES MADE TO CODE ORDINANCE #2001-3 ON SECOND READING
Correct School District Numbers in Table 2.1, as follows:
Table 2.1
School District Boundaries
District 1 RE-9 Ault,Pierce
RE-12 Grover,Hereford
RE-11J Raymer,Buckingham
District 2 RE-42 Eaton, Galeton
RE-24 Windsor
RE-10 Briggsdale
District 3 RE-6 Evans,Greeley,West of 14th Avenue
District 4 RE-6 Evans,Greeley,East of 14th Avenue
RE-7 Kersey,Gill,Barnesville
District 5 RE-5J Johnstown,Milliken
RE-1 Gilcrest,Platteville,LaSalle
RE-1J Longmont(Erie,Frederick,Firestone,Dacono)
RE-2J Berthoud
District 6 RE-3J Roggen,Keenesburg,Hudson
RE-50J Masters,Deerfield
RE-8 Fort Lupton
RE-27J Brighton
RE-20J Weldona
Amend 7-6-20. Standby services.
A. Emergency Medical Services contracting with, or employed by, groups or
organizations for public events to provide emergency medical care in the County
must have sufficient personnel, supplies and equipment to effect care on the
First Responder or higher level basis, and provide proof of compliance with the
insurance requirements set forth in Section 7-3-50 of this Chapter. Assemblages
of five thousand (5,000)three-hUndrext tiff x'(350}or more persons shall require
the standby services of at least one (1) advanced life support ambulance staffed
with at least one (1) EMIT and one (1) EMT-B. Each additional five thousand
(5,000) °1(E)ndrede fk ( 60)°persons shall meet the same requirements.
Amend 12-1-30. Before a person may be issued a permit, the following must be satisfied:
B. The applicant shall provide assurances that the applicant will furnish or cause to
be furnished the following before the assembly commences:
5. A nurse licensed to practice in the State for every seven hundred (700)
persons; provided however, that no nurse shall be required for
assemblages of less than seven-hundred (700) persons.REPEALED
DATED: April 27.20111
Affidavit of Publication PUBLISHED: May 2,2001,in
the Trl-Town Farmer and
STATE OF COLORADO Miner
County of Weld SS. CHANGE MADE TO CODE
NOTICE OF .. ORDINANCE %2001-3 ON
I A. Winkler Riesel of said County of Weld being SECOND READING OF SECOND READING
duly sworn,say that I am publisher of ORDINANCE Correct School District
Numbers in Table 2.1, as
FARMER&MINER Pursuanttoth WeldCounb'
e
eme Rule Charter, follows:
u
that the same is a weekly newspaper of general Ordinance tinter 2�1-1
circulation was printed and published in the town of was introduc9d-^^ first Table 2.1
School District Boundaries
reading on March 7, 2001,
FREDERICK and a public heaing and District 1 Re-9 Ault,Pierce
in said county and state that the notice of secordreadingwasheldat Re-12 Grover.
advertisement,of which the annexed is a true copy has March Hereford
26,been published in said weekly newspaper for made las listed below.mA District 2 Re-42 Eagle.
Galeton
public hearing and third Re-24 Windsor
ONE consecutive weeks: that the notice was reading isscheduledfor April Re-10 Briggsdole
published in the regular and entire issue of every 16. 2001, to be held in the District 3 Re-6 Evans.
number of said newspaper during the period and time Chambers of the Boat.First Greeley. West of 14th
of publication of said notice and in the newspaper Floor Hearing Room.91510th Avenue
and not in a supplement thereof: that the first Street. Greeley. nsColoradoinny District 4 Re-6 Evans,
proper PP 80631. All persons in any Greeley.East of14thAvenue
publication of said notice was contained in the issue of mannerinterestedinthenext Re-7 Kersey. Gill,
said newspaper bearing the date of reading of said Ordnance
e
are requested to attend and Doris 5 be District 5 Re - S j
may head
MAY 2 A.D.2001 and the last publication thereof,in Johnstovrtr.Milliken
the issue of said newspaper,bearing date, the 2nd Please contact the Clerk toe. Reaie
Gucrest,
day of MAY 2001 that the said the Board's Office at hone RattexRe-li Long
P Frederick,
Longmont(Erie.
(970)4226, fax 0, Extension Firestone,
FARMER &MINER 4226, r fax(970) Dacono)
352-0242,prior to the day of Re-2j Berthoud
has been published continuously and uninterruptedly the hearing if,as a result of a District 6 Re-3) Roggen.
during the period of at least fifty-two consecutive dlsabilfTy: you require Keansburg.Hudson
weeks next prior to the first issue thereof containing reasonable Re-50) Masters.
said notice or advertisement above referred to: and accommodationslnorderto Deerneld
that said newspaper was at the time of each of the participote In this hearing. Re-B Fort Lupton
publications of said notice duly qualified for that Re-27j Brighton
within the meaning of an act entitled. "An Any backup material, Re-20j Weldon
purpose exhibits or information
Act Concerning Legal Notices, Advertisements and previously submitted to the Amend 7-6-20. Standby
Publications and the Fees of Printers and Publishers Board of County Services
thereof, and to Repeal all Acts and Parts of Acts in Commissioners concerning A. Emergency Medical
Conflict with the Provisions of this Act" approved thismattermaybeexamined Servicescontracting with,or
April 7, 1921, and all amendments thereof, and in the office of the Clerk to employed by, groups or
particularly as amended by an act approved, March the Board of County eventszon os for public
30, 1923,and an actapproved May 13 1931_ Commissioners, located in events to provide
Y the Weld CountyCentennlol
, r tic/
Floor le Street Third emergency medico care in
/ Floor. Greeley. Colorado, the County must have
a.. sufflciequipmennel,supplies
between the hours of 8:00 and equipment to effect
Q� am.and 5:00 p.m.,Monday care on the First Responder
Pdbltsher thru Friday, or may be or higher level basis, and
accessed through the Weld provide proof of carpllatce
Subscribed and sworn to before me this 2nd day of County Web Page with the insurance
o.weid.co.us).E-Mal. requirements set forth In
messages sent to on Section 7-3-50 of this
MAY. A.D. 2001 IncirvidualCommIssionermay Chapter. Assemblages of
not be included in the case NyeMgmaed(&9aB)three-
tile. To ensure Inclusion of hundred and fifty (350)
." �\ t yourE-Mall correspondence a more persons shall require
C ntothecasefie,pleasesend the standby services of at
-� /] ,, 1 a copy to east one(1)advanced Ile
77a //�• r-P/Y//-�i( J ChIXtlH1g@co.weld.Co.U5, support ambulance staffed
J Notary Public a at 1t one B. Each
ORDINANCE NO. 1001-J and one (1)t (1) Each
ORDINANCE TITLE: IN THE additional five ,h
P.O.BOX 125 MATTER OF REPEALING AND andfi) ihree-hundretl
REENACTING WITH ndfly(350)personsrlwll
meet the some
AMENDMENTS CHAPTER 2
FT.LUPTON. CO 80621 ADMINISTRATION AND requirements.
CHAPTER 12 LICENSES AND Amend 12-1-30. Before a
PERMITS, OF THE WELD person may be Issued a
COUNTY CODE. Permit,thefollowtngrnustbe
sDATE OF NEXT READING:May B.Tsfled
ovqe
14,2001 at 9:00 am. a,Thencelhattrealp5oant
assurance mat thee to be
BOARD OF COUNTY will furnirNshshed
the cause tong
COMMISSIONERS assembly
follemg
WELD COUNTY, before the
commences:
COLORADO 5. Anu.se I:,,e..,..d t_
_ _
preeileeeiheSiefeferevery
,.,, al.,ll L.. ..,v..6.,J fat
�Inen
REPEALED. Weld County
Code Ordinance#2001-
3
Published in the Tri-Town
Farmer and Miner May 2.
2001.
WELD COUNTY
CODE ORDINANCE 2001-3
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2
ADMINISTRATION AND CHAPTER 12 LICENSES AND PERMITS, 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 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 2
ADMINISTRATION
Add 2-1-90.A.19 Phone Services.
Amend 2-8-10. Scope. This Article shall apply to all personal property acquired or held by the
Sheriff during the normal course of his or her duties, or those of his or her deputies, and under
circumstances supporting a reasonable belief that such property was abandoned, lost, stolen or
otherwise illegally possessed, including but not limited to property left in abandoned vehicles or
at vehicle accident locations, unclaimed property obtained by a search and seizure and
unclaimed property used as evidence in any criminal trial. This Article supercedes the
requirements of C.R.S. Sections 38-13-101,et. seq., and 42-13-101,et. seq.:
CHAPTER 12
LICENSES AND PERMITS
Amend 12-1-20. No person shall permit, maintain, promote, conduct, advertise, act as
entrepreneur, organize or manage an assembly on public or private lands where it is reasonably
anticipated that attendance will exceed five three-hundred fifty (500 350) people, where such
assembly continues or can reasonably be expected to continue for five three (5 3) or more
consecutive hours, unless a permit to hold such an assembly has first been issued by the Board
of County Commissioners. A permit approved by the Board of County Commissioners to hold
an assembly shall allow the applicant, his or her agents and employees to engage in any lawful
activity in connection with the holding of the permitted assembly. Application for a permit to
hold an assembly of five three-hundred fifty (500 350) or more persons as heretofore described
must be made at least thirty (30) days in advance of the assembly. Assembly means a
company of persons gathered together at any location at any single time for any purpose.
A. A separate permit shall be required for each event where dortli. -fiv.. three-hundred fifty
(500 350) or more people assemble or can reasonably be anticipated to assemble at any one
(1) location, unless the location is properly zoned for such assembly, in which case one permit
shall be required for the total number events scheduled for that location for the remainder of
the calendar year, not to exceed ten (10)events per year. As used;herein, the term event
means an assembly or anticipated assembly which is scheduled to last for three (3) consecutive
days,dr less-
Amend 12-1-30. Before a person may be issued a permit, the following must be satisfied:
B. The applicant shall provide assurances that the applicant will furnish or cause to be
furnished the following before the assembly commences:
4. Two (2) persons trained in emergency medical technology for the first five three-hundred fifty
(500-350) persons and one for every five three-hundred fifty (500) persons after that, together
with at least one (1) emergency ambulance available for use at all times. An enclosed structure
where treatment may be rendered shall also be provided.
5. A nurse licensed to practice in the State for every one thousand seven-hundred (1,000 700)
persons; provided however, that no nurse shall be required for assemblages of less than one
thousand seven-hundred (1,000 700) persons.
10. Adequate security to control any disturbances which might occur. As a minimum
requirement, the applicant shall provide security guards at the rate of two (2) for every five
three-hundred fifty;,(500 350) persons attending the assembly. For security within and among
the assembled people, at least five (5) security guards shall be provided, or in the alternative,
an adequate plan of peer group control may be used. All security guards shall be off-duty
peace officers or private guards licensed in Colorado.
Amend 12-1-40. Application for a permit to hold an assembly of five three-hundred fifty,(500
350) or more persons shall be made in writing to the Board of County Commissioners at least
thirty (30) days in advance of such assembly. The application shall contain a statement made
upon oath or affirmation that the statements contained therein are true and correct to the best
of the knowledge of the applicant and shall be signed and sworn to or affirmed, by the individual
making application in the case of an individual, by all partners in the case of a partnership or by
all officers of an unincorporated association, society or group or, if there is no officer, by all
members of such association, society or group. The application shall contain and disclose:
(The rest of Section 12-1-40 remains the same.)
Amend 12-2-30. The Board of County Commissioners may set a public hearing in the renewal
application if it finds probable cause to believe that any one (1) of the factors contained in
Section 12-2-40 below exists. Fees for 3.2% beer or liquor licenses may be found on Exhibit
5-H.
Amend 12-2-40. Refusal to renew; public hearing, Phase I. The Board of County
Commissioners may consider the following factors in a public hearing to determine if good
cause exists to refuse the renewal of any liquor license. Such consideration is denoted as
Phase I of the public hearing:
A.
the terms, conditions or provisions under which the license was issued.Evidence that the
licensee or applicant has violated, does not meet, or has failed to eoply with any of the terms,
conditions, or provisions of this article or any rules and regulations promulgated pursuant the
Golarado Beer Code or the.Colorado liquor Code.
B. Evidence showing excessive noise, rowdiness or disturbances on a continuous basis in the
immediate area of the licensed premise which has been substantially a result of the operation of
the licensed premises. first the licensee or applicant has failed to comply with arty special terms
or conditions xt that were placed on its license in prior disciplinary proceedings or arose in the
context of potential disciplinary proceedings.
C. Evidence that a person convicted under Section 42-4-1202, C.R.S., of driving under the
influence of alcohol or driving while abilit imaired became intoxicated at said licensed
premises-the licensed;premises have h.,0" ,,,',-,perated in a manner that adversely affects the
public health,welfare,oor safety of the immediate neighborhood in which the establishment is
located, which evidence must include a continuin pattern of fights, violent activity, or
disorderly conduct. .For purposes of this paragraph (c), "disorderlyconduct" has the meaning
as provided for to C.R.S. Section 18_9406.
D. Evidence that the licensee is no longer of good character.
Add Article V to Chapter 12, as follows:
Article V. ;Public Dance Hall, Booth, Pavilion, or Other Place Where Public Dances Are
Held
Section 12-5-10, Scope and Authority. This Article V shall apply to all public dance halls
booths, pavilions, or other places in the unincorporated portions of Weld County where public
dances are held for two (2)or more occasions per year.
section 12-5-20. License Required No person,partnership, or corporation shall operate,
conduct, carry on, or maintain a public dance hall, booth, pavilion,or tither place where public
dances are held for two(2) or more occ 'apses
sions per year without first obtaining a license'therefor.
The Board of County Commissioners has the authority, within its discretion, to grant such
license for the current calendar year or part thereof unexpired upon the payment of a fee of
twenty-five dollars ($25.00)and;after public hearing, such license shall authorise the person,
firm, or corporation receiving it to operate, conduct, and carry on a public dance hall, booth, or
pavilion at such place for the term from the date of its issue to the end of the current calendar
year for which it is issued. Not license issued under the provisions of this Article V shall be
assigned or transferred by the person, firm, or corporation to whom it is issued, and no;license
shall be available or used for more then one particular place, building, or premises described in
the;application and in such license.
Section 12-5-30. Application.: Application for a license issued pursuant to this Article V shall
be made to the Board of County Commissioners. Forms of such application shall be available
from the Clerk to the Board, The application shall state the name and address;of the applicant,
if aperson, the names and addresses of all the.persons composing the partnership, if,a
partnership, and the names and addresses of the officers and directors of the corporation, if a
corporation, a full description of the place and premises at which it is proposed=to conduct
carry on such public dances, and the terra for which such license is desired.
Section 21-5-40. Notice; posting; hearing.
A. Public notice shall be given of the public hearing to consider an application fora new
license, pursuant to this Article V, by the'posting of such notice in a conspicuous place on the
Premises where the dances are to be held,, Such notice shall' be posted for a period of not less
than ten (10) consecutive days prior to the date of the public.hearing.,
B At the public hearing upon the application, the Board of County Commissioners shall
consider the testimony of the • •
applicant, any adjacent landowners, and the public, and consider
any written or tangible exhibits submitted as evidence.
C. To grant the application, the Board of County Commissioners must find that the premises is
a safe and proper place for the intended purpose,and that the public morals, public safety or
public health of the community shall satisfied by the issuance of the license.
D. Such notice and public hearing shall not be required for license of a place, building„or
premises for whic•h a valid license was in effect pursuant to this Article V during the calendar
year immediately preceding the date of the submittal of the current application.
Section 21-5-50. Relationship to other provisions of.this Code The provisions of this
Article V are in addition to, not in place of nth rules, regulations and;requirements of this
Code. Na license may issue:pursuant to this Articles V if the;place and/or building proposed for
public dances therefor is not properly zoned or is otherwise not in compliance with the
requirements of Chapters 23, 29, and 30 of this Code.
Section 21.5-60 Revocation of license. The Board of County Commissioners issuing has
full power and authority,at its discretion, to revoke and cancel any license •issued by it under
this Article t whenever the Board, by proper resolution, determines that the.public morals or
public safety or public health•of the community requires such revocation or cancellation.
Section 21-5,70, Penalty,enforcement and jurisdiction. Any person violating any of the
provisions of this Article,V.is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by afine•of not less than twenty-five dollars ($25.00) nor more than three hundred
dollars ($300.00}for each offense, or by imprisonment in the county jail for not less than ten
(10) days nor more than thirty(30) days for each offense, or by both such fine and
imprisonment Each day during which such ille• gal activity continues shall be deemed a
separate offense, -The Weld County Sheriff's•Office shall have authority to enforce penalty
provided herein The Weld County Court has full jurisdiction to try and;punish all cases for
violation of the provisions of.this Article V, subject to the right;of appeal in such cases as
provided by law.
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 2001-3 published
above, was introduced and, on motion duly made and seconded, approved upon first reading
on April 4, 2001. 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 23,
2001. 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) 356-4000, Extension 4226, 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
charding@co.weld.co.us.
SECOND READING: April 23, 2001, at 9:00 a.m.
THIRD READING: May 14, 2001, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: April 6, 2001
PUBLISHED: April 11, 2001, in the Tri-County Farmer and Miner
Affidavit of Publication
STATE OF COLORADO
County of Weld SS. CODE ORDINANCE 2001-3 A. A separate permit shall be required
f« each event where deY el
I A. Winkler Riesel of said County of Weld being IN THE MATTER of REPEALING AND three-hundred fifty(5BB 350)or more
duly sworn,say that I am publisher of poop
ob e a55emble Or can reOsonably
REENACTING. WITH AMENDMENTS.
CHAPTER 2 ADMINISTRATION AND three-hundrepassembleatany One(1)
FARMER&MINER CHAPTER 12 LICENSES AND PERMITS.OF locatiPon.unless the location is properly
that the same is a weekly newspaper of general THE WELD COUNTY CODE zpreiper rsuch�be requlretlfoometotal
circulation was printed and published in the town of
number of events scheduled for ma
BE IT ORDAINED IS THE BOARD OF
FREDERICK COUNTY COMMISSIONERS OF THE location for the remainder of the
COUNTY OF WELD. STATE OF calendar year.not to exce„dtin(10)
in said county and state that the notice of events per yeae As used
advertisement,of which the annexed is a true copy has COLORADO- term event means an assembly or
anticipated assembly which is
been published in said weekly newspaper for WHEREAS, the Board of County to last for three (3)
Commissioners on ers of the County of Weld, conee dcutive days or less.
ONE consecutive weeks: that the notice was Slote&Cdorado.pursuant toColorodo
statute antl 8't• Weld County Home
published in the regular and entire issue of every Rule CharNClsvestedwlmmeauthonN Amend 12-1�0, Before d parson may
number of said newspaper during the period and time of administering the affairs of Weld be issued o permit following must v
of publication of said notice and in the newspaper County.Colorado,and be sotisoed'. _ `
proper and not in a supplement thereof: that the first B. ire op the soon provide
publication of said notice was contained in the issue of WHEREAS, the Board of County el
ppliLoilt snarl provide
said newspaper bearing the date of 'Commissioners.on December 2B.2000. «cause to be furnished the following
arljptedWedeouhtyCodeOrdhance before the assembly commences
a tAPRIL II A D. 2001 and the last publication 2000-1. enacting o comprehensive t ersonsirainedin ether ency
Codef«the County of Weld.including4Two(2)p g
thereof, in the issue of APRIL L newspaper,01that theb said
date, the codification of all previously medical technology for the first rive
the 11TH day of 2001 said adopted ordinances of a general and
perrnamont nature enacted On or before
FARMER &MINER said dote of adoption,and
has been published continuously and uninterruptedly WHEREAS. h the Weld County Code is in
during the period of at least fifty-two consecutive reed of re and clarification withn
weeks next prior to the first issue thereof containing regard r procedures, terms, and
said notice or advertisement above referred to: and requirement therein in the
that said newspaper was at the time of each of the 5. A nurse licensed to practice
publications of said notice duly qualified for that NOW,THEREFORE,BE R ORDAINED by State for every one thousand seven-
purpose within the meaning of an act entitled. "An the Board of County Commissioners of hied(1.000 700)Pe so p
Act Concerning Legal Notices, Advertisements and the County of Weld.State of Colorado, however.ihatnonurse shollbere0 rod
that certain existing Chapters of the for assemblages of less than one
Publications ea and the Fees of Printers and ts o Acts ein Weld County Code be, and hereby thousand seven-hundred (1,57 700)
oneoc, and to Repeal Pr all Provisions Acts Parts of id are. repealed and reenacted, with persons.
Conflict i 2 the a l am of this Act" ,oand amendments.°ndth follows ChOpfers
April 7,la 1921, and all amendments thereof, and ore revised to read as follows. 10. Adequate security to control any
ur. As a
particularly as amended v an act approved, March deturbbnmininum es which
th' applicant
30, 23 and an act approved May 13, 193E ADMINIISTRRATION shal provrequirement.cu .&thhe rate
�' J Add 2-1-90..4.19 Phone Services. of two(2)350)even(ons kttendi g the
It'll" / fifty (`00 for persons attending.the
�, " Amend 2-8-10.Scope. This Article shall assembly.Forsecurltywithlnandamong
Publisher apply to all personal property acquired the assembled people.at least five(5)
or held by the Sheriff during the normal security guards shall be provided.or in
the alternative.an adequate plan of
Subscribed and sworn to before me this 11th day of o her f his deputies
ties unr peer group control may be used. All
or deputies, and under security guards shall be off-duty peace
belief t that such 1pr oreasonaGe
APRIL. A.D. 2001 belief that such property was officers or private guards licensed in
abandoned. lost stolen or otherwise Colorado.
illegally possessed, including but not
ro eh left in abandoned Amend 12-1-40.Apphcationforapermil
C velimihed toicles property
vehicles or at vehicle accident to hold an assembly of five three-
hundred ad(55350)«morepersons
/ ii iN i�V .LG'!/i by°search and seizure and unclaimed shall be made in writing to the Beard of
Notary b properly used as evidence in any Cary+tyCommissionersotleastthirty(30)
criminal trial. This Article supercedes doysin advance of such assembly.The
the requirements of C.R.S.Sections 3i3- application shall contain a statement
P.O.BOX 125 13-101,et.seq..and 42-13-101,et seq.. made upon oath or aivmation111Oth°
and statements recta to ttheed herein best are of ,rue
the
CHAPTER EN 12 licant and shall
LICENSES AND PERMITS knowledge of the r np
FT.LUPTON. CO 80621 be signed one sworn fo or affirmetl.he
Amend 12-1-20.Na person shall permit, caseofanindividu la yell Lion in me
actmai ass,promote, eur. organize advertise, case of an individual,by:a:partners in
act as entrepreneur. or of on unincorporated
byallo ,ion.
manage an assembly on public or of On association,
society or group or,if mere is n0 officer,
privateticslands where It isarc reasonably by all members of such association.
exceedWed that attendance will societyor group. The application shall
exceed where se-hundred lyconB351n contain and disclose: (the rest of
oeopin.where mots assembly e ctedues
or con reasonably be expected to Section 12-i-40 remains the some)
continue for five three(5 3)or o mare Amend 12-2-30. The Board of County
consecutive d hours. unless has p Commssionersmaysetapublichearing
Issued
d such thes Board of t Countyapplication it it Pods
Cam byapproved by in the renewal
Commissioners.C. uA nt Comis (I)of the aauset contained
Section
the Board of County Commissioners the
td (I)2-the lades ramtasnetl In Section
hold an assembly shall allow the I2-R.pbe nsesma.Feseal lound.2%Welt
applicant, his or her agents and pltMeprliceltuesrtsaybebultsdonExNbB
employees to engage in any lawful 5-H
activity in connection with the holding
of the permitted assembly.Application Amend l2-2-a0.Refusaltorenew:public
for a permit to hold an assembly of five hearing,Phase I. The Board of County
three-hundred fifty Waft 350)or more Commissioners may consider the
persons as heretofore described must ifollowing factors in a pubic hearing To
be made at least thirty (30) days in I determine If good cause exlststo refuse
advance of the assembly. Assembly I the renewal of ony liquor license.Such
means°companyofpersonsga+hered •consideration is denoted as Phase I of
together at any location at any single the public hearing:
time for any purpose.
A. Whether there have been any Section 12-5-30. Application.
Violatidhs in the last one-year period by !pfnilrationforallcenselssuedpursaant
the licensee or by any of the agents to this Article V shall be made to the BE IT FURTHER ORDAINED by
servani5wemployeesofthellcenseeof Board bCommissioners.CountCommissioners.Forms that the Clerk to the Board be,be,and
e Board
the provisions of the Colorado Liquor of such application shah be available hereby is, directed to arrange for
Code, any of the rules or regulations from the Clerk to the Board, The Colorado Code toPu baling to
authorized pursuant to the Colorado application shall state the name and Cobra supplement Can
Liquor Code or any of the terms, address of the applicant,if a person, lyebdewith
canditionsorprovisonsunderwhichthe the names and addresses of at the coincide
aid amendments c chapters,
eine to
license was issued.Evidence that the persons composing thepartnershp,So coincide with chapters, a iciest
licenseewoppllcanfhasvoloted,does partnership, and the names and divisithey cs section,and wltt* erne as
not meet,or has failed to comply with addresses of the officers and directors they currently exst within said Ca�e
an yoftheterms conditions,orprovl4ans of the corporation,if a corporation,a and to.resolve any Incense'
sn js
ofths article oranyrulesandregulotions Mde5Cttpti nottneplaceandprenises regardkgcapltrNzaticegromzna.ffee
pr , 9 pursuant at which It is proposed to conduct and numbering or placement of chapMA
amid dieddioro the Colorado ankles divisions, section, and sub-
Be9rCodeorthe Caoratlo0quorCotle. terryot ic public ease is,ondde sections in said Code,
sub-
tern far which such liconse is desired.
B. Evidence showing excessive noise, BE IT FURTHER ORDAINED bY the Board if
rowdiness or disturbances on a Section 21-5-40. Notice: posting:
continuous basis in the immediate area hearing, any section, subsection, paragraph,
of thelicensed premisewhich has been A. Public notice shall be given of the sentence, clause, or phrase of this
substantially a result of the operation of public hearing to consider an Ordnance is for any reason held or
the licensed premises.that the licensee application for a new license,pursuant decided to be unconstitutional.such
or applicant has failed to comply with to this Adele V.by the posting of such decision shall not affect the validity of
anyspeclaltermsorconditionsthat were notice in o conspicuous place on the the remaining portions hereof. The placed on itsiicense in prior disciplinary premises where the dances are to be Booed County Cammissloners hereby
or arose n the context ofdeclares that It would have enacted
proceedings rt Such not less be noten for this Ordinance in each and
potential disciplinary proceedings consecutive
of not Jess than ten (10)date of every
canseb lic hearing.days prior to the of section, subsection.and, pra a eeof
C. Evidence that a person convicted the public sentence,clause,and phrase thereof
p+bi •
irrespective aresec of the fact that any one or
undeunder5ecfl influence
1 ofalco of of driving
hae ility ce hot ar B. At the oublic hearing upon the sentences,cssues,orphr sesparagraphs,htbe
Y impaired application, Board of County sentences to be unconstitutional
or while ted atcense becomethe 'declared to be or the exicatns said premises essed a e Commissioners shall consider nvaMtl
lite nd mnnrat ae been °cem testimony d the applicant,thnt, any
operated in a is health,that adversely re, a a and cent landowners,any and the public.
affects public welfare, d consider any written or tangible
s which he immediate neighborhood exhibits submitted as evidence.
in which 1J)a establishment is located. NOTICE
which 4vtdence must include.a C. To grant the application the Board NT to the Weld County Home
copelnielg pattern of fights. violent of County Ccmmissionersmusttindihat PURSUANT
Y.u..nzuct, For the premises is d safe and proper place
purpose df this paragraph (c), for the intended purpose,antl fhgt the 3p hotted above,was introduced and,
'deorderhl conduct'has the meshing public morals, pubic safety or pudic on motion duly mode and seconded
as provided far In C.R.S.Section 18-9- health of the community shall satisfied appleved upon first reading on April 4,
104 by the issuance of the license. 2)01. A public hearing and second
melding Is scheduled to be held in the
D. -eRience that the licensee a no O.Such notice and public hearingshall Charters of the Board, First Floor
longer-of good character. not be required for license of a place, Hearing Room,91510Apheet Greeley,
building.or premises for which a void Colorado 60631,on April 23.2(101. AN
Add Article V to Chapter l a as follows: license was In effect pursuant to this persons in any manner interested in the
Artie V during the calendar year reading of said Ordinance are
Article V. Public Dance Hall, Booth, immediately preceding the date of the requestedtoattendond maybe heard.
Pavilion.Of Other Place Where Pubic submittal of the current application. Please contact the Clerk to the Boobs Dances Aref$ld. ob
;1uy Section 21-5-50. Relationship to other alkeaphone(970)356-4000,E#en9on
Section I2- Scope and Authority. poWsiansofthis Code.The provislzxuof 4226,or fax(970)352-0242,prior to the
•The Article k"shah apply to all public this riche V we in addition to.not In envoi the hearing if,as the result of a
dance halt booths,pavilions,or other place of,other rules,regulations and dlsaSlity, you require reasonable
places In the i porafed portions requirements of this Code. No tcense a this he odationsinordertopaticipate
of Weld County_ re is dances in the hearing.
, pudic plaesund/or anitathe rsVM#w
are held for NOW)2)a more occasions place and/or building proposed for
per year public dances therefor is not properly Any backup material, exhibits or
zoned or is otherwise not Incomplence information County
submitted to the
Section 12-5-20, license Required. No with the,requirements of Chapters 23, Board of County Commissioners
person.partnership,orcorporatianshdl 29.and 30 of this Code. concerning this matter may be
operate,conduct,canyon,ormointon examined in the office of the Clerk to
a pubic neate,booth.pavilion.or Section n 21-560. Revocation of license. the Board of County Commissioners,
other place where public dances are The Board of County Commissioners 'located In Me Weld. 915 10th Street,
Ma
held for two(2)or more occasions perCenter, Third Flow, 915 10th
esdisceos full t revoke
an cancel
any
Greeley,Colorado,between the hours
year without first obtaining a license uy leencreeon to revoke and this Arta any ofB:00a.m.and 5:00 .m„Mon M therefor. The Board of County scene issued by It under Article V Frido orma beaccessedthroug se
ru
Commission,tohes Waheauthority,within whenever the Board, by proper Weld County Web Pa e
its discretion,to Warn such license far morals or determines that the public www,co.weld.co us E-Mailmessa es
thecurrenicdemdoryggorgprithereof morals or public safetyor public heath, ( ) 9
of the community requires such sent toan Individual Commissioner may
unexpired upon the payment a o fee revocation or cancellation. not be Included in the case file.- To
oftwenty-fivedatos($25A0)andoffer ensure Inclusion of your E-Mail
publlo hearing. Such license shall Section 21-5-70. Penalty,enforcement correspondence into the case tile,
auewrizetheperson,firm.orcorporation and jurisdiction. Any person violating please send a copy to
receMng it to operate, cho co,wehdoous.
conduct,and any a the provisions of ills Article V n
carry ono public dance hall,booth or guilty of a misdemeanor and. upon . SECOND READING:April 23, 2001, at
pavldateon of ch place for the termfroomr� by fi conviction thereof, shall be punished 9:00 a.m.the date of its issue to the end of the by a floe of not less than twenty-five READING:May
READ current calendar year for which it I5 dollars (525W) nor more than free " 14,2001.at 9:00
issued, No license issued under the hundred dollars W) for each a.m.
provisions of this Article V shall be offense99 or by imprisonment In the BOARD OF COUNTY COMMISSIONERS
assigned or transferred by the person, ca)my' II for notirty(3 an ten(10)days WELD)COUNTY,COLORADO
firm,or corpori itan to whom it is Issued, nor more thou thirty(30)days for each
and no license shall be available or offense, or by both such fine and DATED' 6,usedfnmoefemises described
arplac lrnpnonment,Each day during witch ED'April
1
budding,or penises described In thePUBLISHED: April 11. 2b7, n the iri-
suonNlegal activity continues seal be
application and in such license, deemed a separate offense.The Weld County Former and Miner
County Sheriff's Office shall hove.
authority to enforce penalty provided
herein. The Weld County Court has full
jurisdiction to try and punish all cases for
violation of the provisions of this Attide
V,subject to the right of appegl,in such
cures as provided by law,
NOTICE
The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at
9:00 a.m., on April 4, 2001, in the Chambers of the Board of County Commissioners of Weld
County,Colorado,Weld County Centennial Center,915 10th Street, First Floor,Greeley,Colorado,
for the purpose of considering amendments to certain Chapters of the Weld County Code. The
second and third readings of said Ordinance will be considered on April 23, 2001, and May 14,
2001. All persons in any manner interested are requested to attend said hearing and may be
heard.
Should any interested party desire the presence of a court reporter to make a record of the
proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the
Board shall be advised in writing of such action at least five days prior to the hearing. The cost of
engaging a court reporter shall be borne by the requesting party.
BE IT ALSO KNOWN that copies of the proposed amendments 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, Monday through Friday, 8:00 a.m. to 5:00 p.m.
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
charding@co.weld.co.us.
REQUEST: CODE ORDINANCE 2001-3, IN THE MATTER OF AMENDING THE WELD
COUNTY CODE,SPECIFICALLY CHAPTER 2 ADMINISTRATION AND CHAPTER
12 LICENSES AND PERMITS, AS FURTHER DETAILED BELOW.
CHAPTER 2,ADMINISTRATION: To add Phone Services to the listed departments and to reflect
changes in state law with respect to the disposition of recovered property.
CHAPTER 12 LICENSES AND PERMITS: Add reference to Exhibit #5-H in text of 12-2-30;
addition of new article to reflect the requirements for a person, partnership, or corporation
to apply pursuant to Section 12-18-101, et. seq., C.R.S., for a license to operate, conduct,
carry on, or maintain a public dance hall, booth pavilion,or other place where public dances
are held within the unincorporated areas of Weld County; and amend 12-2-40 regarding
refusal to renew any liquor license, public hearing, Phase, I, to reflect changes in state law.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 16, 2001
PUBLISHED: March 21, 2001, in the Tri-Town Farmer and Miner
Affidavit of Publication
STATE OF COLORADO
County of Weld SS.
I A. Winkler Riesel of said County of Weld being
duly sworn,say that I am publisher of
FARMER&MINER
that the same is a weekly newspaper of general NOTICE
circulation was printed and published in the town of
The Board of County
FREDERICK Commissioners of Weld
County, Colorado, will
in said county and state that the notice of conduct a public hearing at
advertisement,of which the annexed is a true copy has 9:00 a.m.,on April 4,2001,in REQUEST:
been published in said weekly newspaper for the Chambers of the Board CODE ORDINANCE 2001-3,
of County Commissioners of A THE MATTER OF AMENDING
ONE consecutive weeks: that the notice was weld County, Colorado, THE WELD COUNTY CODE,
Weld County Centennial SPECIFICALLY CHAPTER 2
published in the regular and entire issue of every Center,91510th Street,First ADMINISTRATION AND
number of said newspaper during the period and time Floor,Greeley,Colorado,for CHAPTER 12 LICENSES AND
of publication of said notice and in the newspaper the purpose of considering PERMITS, AS FURTHER
proper and not in a supplement thereof: that the first amendments to certain DETAILED BELOW.
publication of said notice was contained in the issue of Chdptersofthe WeldCounty
said newspaper bearing the date of code.The second and third CHAPTER 2,
readings of said Ordinance ADMINISTRATION: To add
will be considered on April Phone Services to the listed
MARCH 21 A.D. 2001 and the last publication 23,2001,and May 14,2001. departments and to reflect
thereof, in the issue of said newspaper, bearing date, At persons in any manner changes n state law with
the 21st day of MARCH 2001 that the said interested are requested to respect to the disposition of
afendsaidhearingandmay recovered property.
FARMER &MINER be heard.
CHAPTER 12 LICENSES AND
has been published continuously and uninterruptedly Should any Interested parry PERMITS Add reference to
during the period of at least fifty-two consecutive desire the presence of a Exhibit k5-H in text of 12-2-30,
weeks next prior to the first issue thereof containing court reporter to make a addition of new article to
said notice or advertisement above referred to: and
record of the proceedings, reflect the requirements for
in addition to the
that said newspaper was at the time of each of the taped a person, partnership, or
record which will be kept corporation to apply
publications of said notice duly qualified for that during the hearing,the clerk pursuant to Section 12-t&
purpose within the meaning of an act entitled. "An to the Boors snoo beodvised 101, et. seq., C.R.S., for a
Act Concerning Legal Notices, Advertisements and in writing of such action of license to operate,conduct,
Publications and the Fees of Printers and Publishers least tive days prior to the carry on,or maintain a public
thereof, and to Repeal all Acts and Parts of Acts in hearing. The cost of dance hall, booth pavilion,
Conflict with the Provisions of this Act" approved engaging a court reporter or other place where public
April 7, 1921, and all amendments thereof, and shall be borne by the dances are held within the
p requesting party. unincorporated areas of
particularly as amended by an act approved, March Weld County: and amend
30,1923,and an act approved May 13, 1931. BE IT ALSO KNOWN that 12-2-40 regarding refusal to
• „.p copies of the proposed renew any liquor license,
�,�' Y f `G ' amendments may be public hearing, Phase. i, to
�/5,- ). f // examined in the office of the reflect changes in state law
-'/.4-
--"Pb-% � i� tipjy/ Camrt,ilerk to thene�s, of ednin
." ' L.
Commissioners, located in
PnOlisher the Weld County Centennial BOARD OF COUNTY
Center,915 10th Street,Third COMMISSIONERS
Subscribed and sworn to before me this 2lstday of Floor, Greeley, Colorado, WELD COUNrv,
Monday through Friday,8'.00 COLORADO
MARCH. A.D. 2001 a.m. to 5.00 pm. E-Mau
messages sent to an DATED:
individual CommisslOnermay March 16,2001
f
not be included in the case PUBLISHED: March 21,2031,
file. To ensure inclusion of in the Trl-Town Farmer and
yourE-Mallconespond.nce Miner
7 . intothecasefile,pleosesend
Notary o copy to chardingocco.weld.co.us.
P.O.BOX 125
FT.LUPTON. CO 80621
•
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