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HomeMy WebLinkAbout20011470.tiff I CAROL Harding Code Ordinance 2001-3 Page 1 From: BRUCE Barker To: EJORDAN, RDILL, MMARTINEZ, EGESICK, CHARDING, LMORRISON, NORTHDOMAIN.NORTHPOST.MMIKA Date: 4/3/01 10:51 AM Subject: Code Ordinance 2001-3 See the attached proposed Code Ordinance 2001-3. This makes a few changes to existing sections of the Code, and adds a new Chapter 12, Article V regarding the issuance of dance hall licenses. The changes are as follows: A new last sentence has been added to Section 2-8-10 to clarify that Article 8 of Chapter 2 is intended to supercede the requirements of C.R.S. §§ 38-13-101, et. seq., and C.R.S. §§42-13-101, et. seq., both of which relate to how an agency deals with abandoned property. I think this has been the intent all along, but our Code provision has never expressly stated that the local ordinance supercedes the state statutes (allowed by 38-13-134 and 42-13-109). Section 12-2-40 is amended to state the requirements of"good cause" as defined in 12-47-103. A local liquor licensing authority may decline to renew a license for"good cause." (12-47-302) The definitional section was added a few years ago to clarify the standards for good cause after a Supreme Court case required a better definition. I do not believe local authorities now have the option of defining "good cause"on their own as we did when 12-2-40 was first put into place (1985 or 1986). The changes track the statute. Article V is an addition to Chapter 12. It tracks the statutes on the requirement of dance hall licenses, but requires 2 things the statutes do not: first, that the property be properly zoned and in compliance with the building and occupancy provisions of the Code; second, that new licenses be required to notice the property before the Board considers granting the license. This is intended to address the rave situation like the Sewalds where their intent is to have multiple dances at the same location. Two sets of changes are proposed for the Temporary Assembly part of the Code. First, I have dropped the number from 500 to 350 and the number of hours from 5 to 3. I don't know if this will help with the raves, but I thought it best to at least have it be discussed. Second, the"permit per day" requirement is being softened to deal with those multiple permits at properly zoned properties. We have dealt with Mrs. Leahy's motocross facility by allowing her to get one permit (with one fee) per year, even though she has about 6 weekend events per year(2 of those going for 3 days apiece). I think it best to allow others to do the same as long as the County is satisfied all of the requirements are met. This is scheduled for 1st reading tomorrow(4-4-2001). Sorry for the short notice. There will be a second and third reading thereafter. Please let me know your comments. Thanks. Bruce. CC: MGEILE, GVAAD, BJerke, RMasden, DLong N O O A 0 O CHAPTER 2 ADMINISTRATION Amend 2-8-10. 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. §§ 38-13-101, et seq., and C.R.S. §§ 42-13-101, et. seq. CHAPTER 12 LICENSES AND PERMITS Amend 12-2-40. 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. Evidence that the licensee or applicant has'-violated, does not meet,or has failed to comply with any of the terms,conditions,or provisions of this article or any rules and regulations promulgated pursuant the Colorado Beer Code or-the Colorado Liquor Code. B. Evidence operation of the licensed premises. that the licensee or applicant has failed to comply with any special terms or conditions that were placed on its license in prior disciplinary proceedings or arose in the context of potential disciplinary proceedings. C. Evidence that pre. the licensed premises have been operated in a manner that adversely affects the public health,welfare,or safety of the immediate neighborhood in which the establishment is located, which evidence must include a continuing pattern of fights, violent activity, or disorderly conduct For purposes of this paragraph (d), "disorderly conduct"has the meaning as provided for in C.R.S. §-18-9-106. D. Evidence that the licensee is no longer of good character. (Weld County Codification Ordinance 2000-1) CHAPTER 12 LICENSES AND PERMITS Add the following Article V to Chapter 12: Article V Public DanceHell,.: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 other place where public dances are held for two (2) or more occasions 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 authorize 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. No 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 than 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 availablefrom.the Clerk to the Board. The application shall state-the name and address of the applicant, if a person,the names and addresses=of all the persons composing the-partnership, rf.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 and carry on such public dances,and the term for which such license is desired. Section 21-540. Notice; posting; hearing. A. Public°notice shall be-given of the public hearing to consider an application for a newlicense, pursuantto this Article V, by-the posting of such notice in a conspicuous place on the premises where the dances are to be held. Such noti©eshall 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-Considerthe_: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 a license at a place, building, or premises licensed pursuant to this Article V during any portion of the calendar year immediately previous to the date of the submittal of the application. Section 21-5-50. Relatlonship`to other provisions of this Code. The provisions of this Article V are in addition to, not in place of, other rules, regulations and requirements of this Code. No 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 V 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;a fine 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 notless 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 illegal 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. CHAPTER 12 LICENSES AND PERMITS Article I Assembly 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 (590 350) 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 day that five 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 of 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 or 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(50e)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. umu,mwoeaNC'2001 WPD Copyright (c) West Group 2000 No claim to original U. S . Govt . works CRSA 18-9-106, Disorderly conduct *34614 C.R.S.A. § 18-9-106 WEST' S COLORADO REVISED STATUTES ANNOTATED TITLE 18 . CRIMINAL CODE ARTICLE 9 . OFFENSES AGAINST PUBLIC PEACE, ORDER, AND DECENCY PART 1. PUBLIC PEACE AND ORDER Current through End of 2000 2nd Reg. Sess. § 18-9-106 . Disorderly conduct (1) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly: (a) Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or (b) Deleted by Laws 2000 , Ch. 171, § 39, eff . July 1 , 2000 . (c) Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or (d) Fights with another in a public place except in an amateur or professional contest of athletic skill ; or (e) Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting; or (f) Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm. (2) It is an affirmative defense to prosecution under subsection (1) (b) of this section that the actor had significant provocation for his abusive or threatening conduct . (3) An offense under subsections (1) (a) to (1) (c) of this section is a class 1 petty offense; an offense under subsection (1) (d) of this section is a class 3 misdemeanor; an offense under subsection (1) (e) or (1) (f) of this section is a class 2 misdemeanor. CREDIT (S) 1999 Main Volume Amended by Laws 1981, S.B. 154, § 1 . 2000 Electronic Pocket Part Update Amended by Laws 2000, Ch. 171, §§ 11, 39, eff. July 1, 2000. <General Materials (GM) - References, Annotations, or Tables> TEXT VALIDITY < Paragraph (1) (b) of this section was held unconstitutional in the case of Aguilar v. People, 1994 , 886 P. 2d 725 . See Notes of Decisions, post . > HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 2000 Electronic Pocket Part Update Laws 2000 , Ch. 171, § 11, in subsec . (1) , inserted "or she" in the introductory portion; and in par. (f) , inserted "displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon" following "weapon, " . Laws 2000, Ch. 171, § 39, inserted "or she" following "he" in the introductory portion of subsec . (1) and deleted par. (1) (b) , which read: "Abuses or threatens a person in a public place in an obviously offensive manner; or" Section 52 of Laws 2000, Ch. 171 provides : "Effective date--applicability. This act shall take effect July 1, 2000 , and shall apply to offenses committed on or after said date . " 1999 Main Volume The 1981 amendment , in par. (1) (a) , added "and the utterance, gesture, or display tends to incite an immediate breach of the peace" . Derivation: C .R. S . 1963 , §§ 40-8-1 et seq. , 40-9-106 . Laws 1971, S .B. 262 , § 1 . Laws 1972 , S .B. 55 , § 8 . REFERENCES CROSS REFERENCES Affirmative defense, see § 18-1-407 . LAW REVIEW AND JOURNAL COMMENTARIES Landlord-Tenant Disputes . Carroll E. Multz, 4 Colo.Law. 643 (1975) . LIBRARY REFERENCES 1999 Main Volume Disorderly Conduct kl . WESTLAW Topic No. 129 . C .J. S . Disorderly Conduct § 1 (1) et seq. Colorado Criminal Practice and Procedure, Vol . 15 (1996) , Dieter, §§ 18 . 72 , 18 . 83 . Colorado Jury Instructions- -Criminal, 1983 , Supreme Court Committee on Criminal Jury Instructions, Instructions 7 : 50 , 30 : 05-30 : 07 . Colorado Methods of Practice, Rev. 3d Ed. , Vol . lA (1989) , Krendl , § 1188 . ANNOTATIONS NOTES OF DECISIONS Burden of proof 8 *34615 Construction and application 2 Fighting words 6 Noise 5 Ordinances 4 Police powers 3 Public place 7 Validity 1 Weight and sufficiency of evidence 9 1. Validity Defendant convicted under disorderly conduct statute had standing to challenge statute as facially overbroad. Aguilar v. People, 1994 , 886 P. 2d 725 . Provision of disorderly conduct statute prohibiting abusing or threatening person in public place in obviously offensive manner was facially overbroad; statute was not narrowly tailored to limit its application to fighting words . Aguilar v. People, 1994 , 886 P. 2d 725 . Facially overbroad provision of disorderly conduct statute, prohibiting abusing or threatening person in public place in obviously offensive manner, was not subject to limiting construction that would preserve its constitutionality, where legislature had not imposed "fighting words, " limitation on that provision of statute . Aguilar v. People, 1994 , 886 P.2d 725 . Actus reus required by the felony menacing statute and the crime of disorderly conduct with deadly weapon is sufficiently distinguishable, and, thus, charging defendants with either crime if elements of each crime is satisfied does not violate equal protection. People v. Torres, 1993 , 848 P . 2d 911 . Fact that prosecution could exercise discretion as to whether to prosecute defendant under felony menacing statute or misdemeanor disorderly conduct with deadly weapon statute did not violate tenets of equal protection. People v. Torres, 1993 , 848 P. 2d 911 . Portion of disorderly conduct statute proscribing "unreasonable noise" is not unconstitutionally vague . People v. Fitzgerald, 1978, 573 P. 2d 100 , 194 Colo . 415 . Section of disorderly conduct statute proscribing "unreasonable noise" is not unconstitutionally overbroad. People v. Fitzgerald, 1978 , 573 P. 2d 100 , 194 Colo . 415 . Statute providing that a person commits disorderly conduct if he intentionally, knowingly, or recklessly makes a coarse and obviously offensive utterance, gesture, or display in a public place is facially overbroad inasmuch as it applies to proscribed communications without regard to their probable effect on others and, as such, sweeps within its coverage protected as well as unprotected speech. Hansen v. People, 1976, 548 P. 2d 1278 , 190 Colo. 457 . *34616 Language of disorderly conduct statute is not susceptible to a judicial construction which would correct its overbreadth. Hansen v. People, 1976 , 548 P. 2d 1278, 190 Colo. 457 . 2 . Construction and application Disorderly conduct statute proscribing "unreasonable noise" cannot , consistent with First Amendment rights, be construed to prohibit automatically all speech which might disturb people even when speaker had that intent . People v. Fitzgerald, 1978, 573 P.2d 100 , 194 Colo. 415 . "Breach of the peace" is defined as a disturbance of public order by an act of violence or by any act likely to produce violence, or which, by causing consternation and alarm, disturbs the peace and quiet of the community. Flores v. City and County of Denver, 1950, 220 P. 2d 373 , 122 Colo. 71 . 3 . Police powers State ' s interest in section of disorderly conduct statute proscribing "unreasonable noise" is to afford captive audience protection from unreasonable intrusions into their recognizable privacy interests . People v. Fitzgerald, 1978, 573 P . 2d 100 , 194 Colo . 415 . A state may reasonably limit the free exercise of the right of remonstrance as well as the free exercise of religion, and even of the right of free speech itself, where they sanction incitement to riot or constitute an immediate threat to public safety, peace or order, but such rights may not be lightly or unduly suppressed. Flores v. City and County of Denver, 1950 , 220 P. 2d 373 , 122 Colo. 71 . 4 . Ordinances Where only difference between disturbance ordinance of home rule city and state statute was that ordinance went further in its prohibition by proscribing profane language and by holding additional parties responsible for conduct enumerated, and neither piece of legislation permitted or licensed what the other forbade and prohibited, the legislation was not in conflict, and both statute and ordinance could validly coexist; overruling Canon City v. Merris, 137 Colo. 169, 323 P. 2d 614 , Woolverton v. City and County of Denver, 146 Colo . 247, 361 P.2d 982 and all other cases similarly holding. Vela v. People, 1971, 484 P. 2d 1204 , 174 Colo. 465 . 5 . Noise Properly construed, term "noise" as used in disorderly conduct statute encompasses communication made in loud manner only when there is clear and present danger of violence or where communication is not intended as such but is merely guise to disturb persons . People v. Fitzgerald, 1978, 573 P.2d 100, 194 Colo . 415 . *34617 6 . Fighting words Term "fighting words, " within rule establishing "fighting words" as an exception to general prohibition against laws "abridging" or "impairing" freedom of speech, are those by which their very utterance tend to incite others to unlawful conduct or provoke retaliatory actions amounting to a breach of the peace . Hansen v. People, 1976 , 548 P. 2d 1278 , 190 Colo . 457 . 7 . Public place Federally-owned Veteran' s Administration hospital was not "public place" within meaning of Colorado disorderly conduct statute, applicable to federal property through Assimilative Crimes Act, as federal building was governed by state statute specifically addressing public buildings, thus, charge of disorderly conduct in hospital would be dismissed. U. S . v. Wright, 1994 , 864 F. Supp. 1013 . 8 . Burden of proof Under an ordinance making it an offense to disturb the peace of others by means specifically set out therein, to constitute a violation thereof, the peace of others must be actually disturbed, and to establish the offense, proof of such actual disturbance is necessary. Flores v. City and County of Denver, 1950, 220 P. 2d 373 , 122 Colo. 71 . 9 . Weight and sufficiency of evidence Evidence that defendants assembled in front of the residence of the Governor for a demonstration for purpose of chanting of grievances for which defendants sought redress but that there was not profane or offensive language calculated to provoke a breach of peace or fighting or likely to cause consternation or alarm, was insufficient to sustain conviction for violation of an ordinance making it offense to disturb the peace of others by means specifically set out therein. Flores v. City and County of Denver, 1950 , 220 P. 2d 373 , 122 Colo . 71 . WEST' S COLORADO REVISED STATUTES ANNOTATED TITLE 12 . PROFESSIONS AND OCCUPATIONS GENERAL-- (CONTINUED) ARTICLE 47 . ALCOHOL BEVERAGES PART 1. GENERAL PROVISIONS Current through End of 2000 2nd Reg. Sess. § 12-47-103 . Definitions As used in this article and article 46 of this title, unless the context otherwise requires : (9) "Good cause" , for the purpose of refusing or denying a license renewal or initial license issuance, means : (a) The licensee or applicant has violated, does not meet , or has failed to comply with any of the terms, conditions, or provisions of this article or any rules and regulations promulgated pursuant to this article; (b) The licensee or applicant has failed to comply with any special terms or conditions that were placed on its license in prior disciplinary proceedings or arose in the context of potential disciplinary proceedings; (c) In the case of a new license, the applicant has not established the reasonable requirements of the neighborhood or the desires of its adult inhabitants as provided in section 12- 47-301 (2) ; or (d) Evidence that the licensed premises have been operated in a manner that adversely affects the public health, welfare, or safety of the immediate neighborhood in which the establishment is located, which evidence must include a continuing pattern of fights, violent activity, or disorderly conduct . For purposes of this paragraph (d) , "disorderly conduct" has the meaning as provided for in section 18-9-106, C .R. S . WEST' S COLORADO REVISED STATUTES ANNOTATED TITLE 12 . PROFESSIONS AND OCCUPATIONS GENERAL-- (CONTINUED) ARTICLE 47 . ALCOHOL BEVERAGES PART 3 . STATE AND LOCAL LICENSING Current through End of 2000 2nd Req. Sess. § 12-47-302 . License renewal (1) Ninety days prior to the expiration date of an existing license, the state licensing authority shall notify the licensee of such expiration date by first class mail at the business ' last-known address . Application for the renewal of an existing license shall be made to the local licensing authority not less than forty-five days and to the state licensing authority not less than thirty days prior to the date of expiration. No application for renewal of a license shall be accepted by the local licensing authority after the date of expiration, except as provided in subsection (2) of this section, but filing with the local licensing authority shall be deemed filing with the state, and all renewals filed with the local licensing authorities prior to expiration, and subsequently approved, shall be processed by the state licensing authority, and the expiration date is extended until the state license is processed. The state or the local licensing authority, for good cause, may waive the forty- five- or thirty-day time requirements set forth in this subsection (1) . The local licensing authority may cause a hearing on the application for renewal to be held. No renewal hearing provided for by this subsection (1) shall be held by the local licensing authority until a notice of hearing has been conspicuously posted on the licensed premises for a period of ten days and notice of the hearing has been provided the applicant at least ten days prior to the hearing. The licensing authority may refuse to renew any license for good cause, subject to judicial review. Any renewal hearing held by the state licensing authority shall be pursuant to section 12-47-305 (2) . WEST' S COLORADO REVISED STATUTES ANNOTATED TITLE 12 . PROFESSIONS AND OCCUPATIONS GENERAL ARTICLE 18 . DANCE HALLS Current through End of 2000 2nd Reg. Sess. § 12-18-101. License required No person, partnership, or corporation shall operate, conduct, carry on, or maintain a public dance hall , booth, pavilion, or other place where public dances are held without first obtaining a license therefor. Any person, firm, or corporation desiring such license shall make application therefor in writing to the board of county commissioners of the county in which such public dance hall , booth, pavilion, or other place is proposed to be located. Such application shall state the name and address of the applicant, if a person, 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 and carry on such public dances, and the term for which such license is desired. The board of county commissioners has the authority, within its discretion, to grant such license to such applicant for the current calendar year or part thereof unexpired upon the payment by said applicant of a fee of twenty-five dollars to the county treasurer. Such license shall authorize 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. This article shall not apply to incorporated cities and towns . § 12-18-102 . License not transferable No license issued under the provisions of this article 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 than one particular place, building, or premises described in the application and in such license . § 12-18-103 . Revocation of licenses The board of county commissioners issuing such licenses has full power and authority, at its discretion, to revoke and cancel any license issued by such board under this article whenever such board, by proper resolution, determines that the public morals or public safety or public health of the community requires such revocation or cancellation. § 12-18-104 . Penalty Any person violating any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than three hundred dollars for each offense, or by imprisonment in the county jail for not less than ten days nor more than thirty days for each offense, or by both such fine and imprisonment . 12-18-105 . Jurisdiction The county court of the county wherein such licenses are issued has full jurisdiction to try and punish all cases for violation of the provisions of this article, subject to the right of appeal in such cases as provided by law. ng,J Ij� CHAPTER 7 " C ry EMERGENCY MEDICAL SERVICES Amend 7-6-20. 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 three-hundred fifty(5,000 350)or more persons shall require the standby services of at least one (1) advanced life support ambulance staffed with at least one (1) EMT-P and one (1) EMT-B. Each additional five theusand three-hundred fifty(57000 350)persons shall meet the same requirements. M,WPFILES, ,, l- ., �Administration—Bb≤iVd Procedures i l � Sec. 2.1-100 2. No member of an agency, board or Table 2.1 z 'K commission shall serve more than two (2) con- Sc mil District Boundaries secutive terms on any one (1) appointive agency, board or commission. RE-9 Ault, Pierce District 1 RE-1' Grover, Hereford 3. No one who has served as an el( :tive offi- RE-1 I Raymer, Buckingham cer of the Comity shall be appointed to an RE/O Eaton, Galeton appointive agency- board or commission until at District 2 RE52'c{ Windsor least one (I) yea !Iltltr leaving office. RE-1( Briggsdale RE-6 Evans, Greeley, West of 14th 4. No Coun (Siticer, employee or member District 3 Avenue Evans, Greeley, East of 14th of an appointiv )b3Yd, agency or commission RE-6 shall have any l54thiary interest in any entity District 4 Avenue doing business 1'14 the County if such interest RE-7 Kersey, Gill,Barnesville could interfere w tit the unbiased discharge of his RE-5: Johnstown,Milliken REor her duty to th etieral public or interfere with his or her ability tki get in the best interest of the 1 Gilcrest, Platteville,LaSalle County. This r €(Y9ttfon shall not apply in the Districts RE_1_; Longmont (Erie, Frederick, instance where th is feerremployee's dLpartment Firestone,Dacono) or member of a t4 pointive agency, board or RE-2. Berthoud commission has ''J ditect contact nor any busi- RE-3_ Roggen, Keenesburg, Hudson ness transactions ith such entity. RE-5, Masters,Deerfield District 6 RE-8 Fort Lupton 5. Pursuant to the Home Rule Charter, the RE-2' Brighton Board of County Commissioners shall determine RE-2' Weldona ' six (6) geographic areas from which members of boards shall be appointed. (Weld County Co fication Ordinance 2000-1) B. The Board of County Commissioners, utiliz- Sec. 2-1-110. At horizations. ing school district r boundaries, designated by a resolution dated Ma`t;h 27, 1985, the following six A. The Chair f the Board of County Commis- (6) districts, shown EM table 2.1, which may be sioners is authori ed and directed to sign all legal altered at the discr' i!`t?'VI of the Board, if deemed papers on behalf if the Boarc if County Commis- necessary: sioners, or docui nts wherei the statutes require only the signature ,f the Chair of the Board, attested by the Clerk to r Board. Tie Clerk to the Board shall be the custo an of the \feld County Seal and affix said seal to r cuments as :equired. B. The Clerk t the Boarc and the Chair of the Board of County :ommissioners are designated as persons authorized o sign all County warrants. C. The Chair f the Board of County Commis- sioners has standi. ( authority and is authorized and directed to sign personal service contracts under five / 2-8 Hello