HomeMy WebLinkAbout20011258.tiff WELD COUNTY
CODE ORDINANCE 2001-3
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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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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.
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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-2 Eaton, Galeton
RE-4 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,Dearfield
RE-8 Fort Lupton
RE-27J Brighton
RE-20J Weldona
CHAPTER 7
EMERGENCY MEDICAL SERVICES
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 three-hundred fifty (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 three-hundred fifty (350) 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
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
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(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
(350) 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. REPEALED. Weld County Code Ordinance #2001-3.
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.)
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.
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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.
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
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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 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.
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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 UNTY COMMISSIONERS
WELD CO TY, COLORADO
/1 /l A .
LaATTEST: fill � `�`� ' , Q/�o
�► Q/ `�, M. J. eile, Chair
Weld County Clerk to 8gi
i0 %VeI EXCUSED DATE OF SIGNING (AYE)
7 i , �7"' Glenn Vaad, Pro-Tem
BY: _•_ 1.. � ��,a'r. T
Deputy Clerk to the "\ ;e \
��..� Wil H. Jerke
APPROVE FORM: o
vi Long
ounty orney
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, 2001
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
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