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Home My WebLink About20011098.tiff V <2 3-20o/ (/ 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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.. 2001-1098 1 ORD2001-3 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-4 Eaton,Galeton RE-3{ 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 CHAPTER 7 EMERGENCY MEDICAL SERIVCES 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 773756 of this Chapter. Assemblages of five thousand 000 5 three ndSd( ) ftt(36q)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 thousand (5,000) fitfi;`{€));'persons shall meet the same requirements. 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 three-hundred fifty ( 350) people, where such assembly continues or can reasonably be expected to continue for three 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 2001-1098 2 ORD2001-3 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 three-hundred fifty ( 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 three-hundred fifty 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 three-hundred fifty (350) persons and one for every three-hundred fifty 0 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 seven hundred (700) persons; provided however, that no nurse shall be required for assemblages of less than seven hundred (700) persons.Rt EALED I 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 three-hundred fifty ( 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 three-hundred fifty ( 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 remainder of Section 12-1-40 remains the same.) 2001-1098 3 ORD2001-3 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. 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 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 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 (c), "disorderly conduct" has the meaning as provided for in C.R.S. Section 18-9-106. 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 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. 2001-1098 4 ORD2001-3 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 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. Section 21-5-40. Notice; posting; hearing. A. Public notice shall be given of the public hearing to consider an application for a 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 which 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, 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 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 illegal activity continues shall be deemed a separate offense. The Weld County Sheriffs Office shall have authority to 2001-1098 5 ORD2001-3 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. The above and foregoing Ordinance Number 2001-3 was, on motion duly made and seconded, adopted by the following vote on the 14th, day of May, A. D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: M. J. Geile, Chair Weld County Clerk to the Board Glenn Vaad, Pro-Tem BY: Deputy Clerk to the Board William H. Jerke APPROVED AS TO FORM: David E. Long County Attorney Robert D. Masden Published: March 16, 2001, in the Tri-Town Farmer and Miner First Reading: April 4, 2001 Publication: April 11, 2001, in the Tri-Town Farmer and Miner Second Reading: April 23, 20012 Publication: May 2, 2001, in the Tri-Town Farmer and Miner Final Reading: May 14, 2001 Publication: May 23, 2001, in the Tri-Town Farmer and Miner Effective: May 28, 2001 2001-1098 6 ORD2001-3 Hello