HomeMy WebLinkAbout911804.tiff pR2231962
ORDINANCE NO. 163
IN THE MATTER OF PROHIBITING LITTERING OF PUBLIC AND PRIVATE
PROPERTY, AND PROVIDING FINES AND PENALTIES FOR VIOLATIONS THEREOF
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
OF WELD, STATE OF COLORADO:
WHEREAS, littering of public and private property in Weld
County, Colorado, has increased substantially in the recent years ,
and
WHEREAS, said littering of public and private property
degrades the environment and causes health hazards, and its
cleanup is costly to taxpayers and private citizens, and
WHEREAS, the Board of County Commissioners deems it to be in
the best interest of the public to enact an Ordinance prohibiting
the littering of public and private property and providing for
fines and penalties for violations thereof, and
WHEREAS , this Ordinance will provide for the health, safety,
and welfare of all citizens of the County of Weld, State of
Colorado, and
WHEREAS, pursuant to Sections 30-35-301 and 30-15-402 ,
C.R.S. , the Board of County Commissioners of the County of Weld,
State of Colorado, has the authority to enact such ordinances as
said Board deems necessary and proper to provide for the safety,
preserve the health, promote prosperity, and improve the morals,
order, comfort, and convenience of the County and its inhabitants.
NOW, THEREFORE, be it ordained by the Board of County
Commissioners of the County of Weld, State of Colorado, that
littering of public and private property is prohibited as follows:
SECTION 1 . LITTERING OF PUBLIC AND PRIVATE PROPERTY
It shall be unlawful for any person to deposit, throw,
or leave, or to allow, sanction, suffer, or permit any
person to deposit, throw, or leave any litter on any
public or private property or in any waters within the
County of Weld, except those portions of said County
which are within the limits of any incorporated
municipality, unless such municipality has specifically
consented to the application of this Ordinance within
the corporate limits of the incorporated municipality,
pursuant to Section 30-15-401 (8) , C.R.S
As used herein, the following words have the following
meanings: 911.804
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F 2023 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
RE: ORDINANCE NO. 163
Page 2
A. "Litter" - all rubbish, waste material, refuse,
garbage, trash, debris , or other foreign
substances, solid or liquid, of every form, size,
kind, and description.
B. "Public or Private Property" - includes, but is not
limited to, the right-of-way of any road or
highway, any body of water or water course,
including frozen areas or the shores or beaches
thereof, any park, playground, or building, any
refuge, conservation, or recreation area, and any
residential, farm, or ranch properties or
timberlands or grasslands.
A person shall be deemed to be littering public and
private property, and therefore in violation of this
Ordinance, if he or she is driving or moving a vehicle
on any highway and such vehicle is not constructed or
loaded or the load thereof is not securely covered to
prevent any of its load from dropping, sifting, leaking,
or otherwise escaping therefrom; except that sand may be
dropped for the purpose of securing traction or water or
other substance may be sprinkled on a roadway in
cleaning or maintaining such roadway.
Whenever litter is thrown, deposited, dropped, or dumped
from any motor vehicle in violation of this Ordinance,
the operator of said motor vehicle is presumed to have
caused or permitted the litter to be so thrown,
deposited, dropped, or dumped therefrom.
Each 24-hour period during which said litter is allowed
to remain on public or private property shall constitute
a separate offense under this Ordinance.
SECTION 2. AFFIRMATIVE DEFENSES
It shall be an affirmative defense to the crime of
littering of public and private property that:
A. Such property is an area designated by law,
pursuant to the Solid Waste Site and Facilities
Act, Sections 30-20-101 , et seq. , C.R.S. , for the
disposal of such material and the person is
authorized by the proper public authority to so use
the property; or
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F 2024 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
RE: ORDINANCE NO. 163
Page 3
B. The litter is placed in a receptacle or container
installed on such property for that purpose; or
C. Such person is the owner or tenant in lawful
possession of such property.
SECTION 3. VIOLATIONS AND PENALTIES
Any violation of this Ordinance is a Class II Petty
Offense punishable, upon conviction, by a mandatory fine
of not less than $50. 00 nor more than $100.00 upon a
first conviction, by a mandatory fine of not less than
$100.00 nor more than $200. 00 upon a second conviction,
and by a mandatory fine of not less that $175.00 nor
more than $300. 00 upon a third or subsequent conviction.
It is in the discretion of the Court, upon the
conviction of any person and the imposition of fine
under this Section, to suspend any or all of the fine in
excess of the mandatory minimum fine upon the condition
that the convicted person pick up litter at a time
prescribed by and at place within the jurisdiction of
the Court for not less than 8 hours upon a first
conviction or for not less than 16 hours upon a second
or subsequent conviction.
SECTION 4 . PENALTY ASSESSMENT AND SCHEDULE
Notwithstanding the provisions of Section 3 . , hereof,
the person charged with one or more of the violations of
this Ordinance shall have the option of paying the below
specified penalty assessments therefore to the Weld
County Treasurer in lieu of further proceedings or
defense of such violation in Court, or of appearing in
Court to defend such charge. If such person elects to
appear in Court, he shall be proceeded against as
otherwise provided by law for the violations charged and
shall be subject to the penalties provided in Section
3 . , hereof if found guilty of such charge. In the event
a person elects to pay the prescribed penalty assessment
as permitted herein, such payment shall constitute an
acknowledgment of guilt by such person of the offense
charged and shall be deemed a complete satisfaction for
such violation and upon accepting the prescribed penalty
assessment, the Weld County Treasurer shall issue a
receipt to the violator acknowledging payment thereof.
The penalty assessment which may be accepted and paid by
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F 2025 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
RE: ORDINANCE NO. 163
Page 4
the violator under the privileges of this Section shall
be as follows:
First Offense $50 . 00
Second Offense $100. 00
Third Offense $175 .00
Four or More Offenses The penalty assessment
shall not apply and the
violator shall be
prosecuted under the
provisions of Section 3 . ,
upon the issuance of a
Summons to Appear.
SECTION 5 . NON-LIABILITY
The Weld County Sheriff, the Board of County
Commissioners of the County of Weld, State of Colorado,
their assistants and employees, and any person enforcing
the provisions of this Ordinance, shall not be held
responsible for any accident, injury, or subsequent
disease, of whatever kind or character, which may occur
in connection with the administration of the Ordinance.
No portion of this Ordinance shall be deemed to
constitute a waiver of any immunities which the Weld
County Sheriff, the Board of County Commissioners of the
County of Weld, State of Colorado, their assistants and
employees may possess, nor shall any portion of this
Ordinance be deemed to have created a duty of care with
respect to any persons.
SECTION 6 . SAFETY CLAUSE
The Board of County Commissioners of the County of Weld,
State of Colorado, hereby finds, determines, and
declares that this Ordinance is necessary for the
health, safety, and welfare of the citizens of the
County of Weld, State of Colorado.
SECTION 7 . SEVERABILITY
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.
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F 2026 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
RE: ORDINANCE NO. 163
Page 5
The Board of County Commissioners hereby declares that
it would have enacted this Ordinance and 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.
WHEREAS , the effective date of this Ordinance No. 163 shall
be February 5, 1991 .
The above and foregoing Ordinance No. 163 was, on motion duly
made and seconded, adopted by the following vote on the 28th day
of January, A.D. ,AAAI//1991 .
(I BOARD OF COUNTY COMMISSIONERS
ATTEST: II?A✓// /fl�I 01/6-W--6117 WELD COUN Y L DO
Weld County Clerk to the Board
Gord a y 5 airman
y
By: EXCUSED
Depu. y, Coun y (C1erk Ge ge Kennedy, Pro-Tem
APPROVED AS FORM: onstance L. Har
�Gef C. W. Ki" y
t*
County Attorney �///////�/ �10-40)-?)
W. a ster
First Reading: January 2, 1991
Published: January 3 , 1991
Second Reading: January 14 , 1991
Published: January 17, 1991
Third Reading: January 28 , 1991
Published: January 31 , 1991
Effective: February 5 , 1991
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F 2027 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
STATE OF COLORADO )
)s.s.
COUNTY OF WELD )
David S. Reynolds, being duly sworn,
says that he is publisher of
The New News, a weekly newspaper
published in Keenesburg in said County
and State; that said newspaper has a
general circulation in said County
and has been continously and
uninterruptedly published therein,
during a period of at least
fifty-two consecutive weeks prior to
the first publication of the annexed
notice; that said newspaper is a The New News Page 6
newspaper within the meaning of the ORDINANCE NO. 163
act of the General Assembly of the IN THE MATTER OF PROHIBITING LITTERING OF PUBLIC AND PRIVATE
State of Colorado,. entitled "An Act PROPERTY, AND PROVIDING PINES AND PENALTIES FOR VIOLATIONS THEREOF
to regulate the printing of legal BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
OP WELD, STATE OF COLORADO:
notices and advertisements, " and
WHEREAS, littering of public and private property in Meld
amendments thereto; that the notice County, Colorado, has increased substantially in the recent years,
and
of which the annexed is a printed
WHEREAS, said littering of public and private property
copy taken from said newspaper, was degrades the environment and causes health hazards, and its
cleanup is costly to taxpayers and private ctrl:sne, and
published in said newspaper, and in
the re u 1 ar and entire issue of WHEREAS, the Board of county Commissioners deems it to be in
g the best interest of the public to enact an Ordinance prohibiting
every number thereof , the littering of public and private property and providing for
fines and penalties for violations thereof, and
44U4f yO-Vh4:'week for J pl and WHEREAS,
HERE S,o=this Ordinancewill provide for the health, safety,
once
a c4•+•ana of the County of Weld, State of
successive weeks; that said notice cglp=sae, and
was so published in said newspaper WHEREAS, pursuant to Sections 30-35-301 and 30-15-402,
C.R.S., the Board of County Commissioners of the County of Weld,
proper and not in any supplement State of Colorado, has the authority to enact such ordinances as
said Board deems necessary and proper to provide for the safety,
thereof , and that the first preserve the health, promote prosperity, and improve the morals,
order, comfort, and convenience of the County and its SMabltante..
publication of said notice as
NOW, THEREFORE, be it ordained by the Board of County
aforesaid, was on the Commissioners of the County of Weld, State of Colorado, that
r\\ littering of public and private property is prohibited as follows:
3 day ofd, 19 51
SICI the last o((JJn the 11_ day of
Subscribed and sw r to before
me this , day of /a4.4. ,
19S• �J
dGin-r,- /et.
IIVIIV COMM .. _ "�i ; it
SECTION 1. LITTER NG T PD IC AND TRIVATE PROPERTY
It shall be unlawful for any person to deposit, throw,
section, suffer, or permit any or person
love, d o allow, litter on any
orlon to a throw, or leave any
public or private property or any wacers within the
County of N except those portions of said Cooney
wit
which are within Ne limits of any incorporated
municipality, unless such ioniof this
has ape
consented to she application of th Lateed municipality,
the corporate limits of the incorporated
pursuant to Section ]0ollow 1g words have the following
As used herein, the following
meanings: refuse,
all rubbish, waste material,
A. garbage, trash, debris, of everyefoss fodzen
substances, solid or liquid,
1 kind, and description.
Private Property' - includes, but is not
I R• 'Public or the right-of-way of any road or
limited to, f water or water course,
highway' any body oen or the shores or beaches
thereof, any
pa
thereof, any park, playground, or building,end any
refuge,rcon esidential,
vfarm, or recreation
properties •or
timberlands fors,
timberlands or grasslands. public and
A person shall be andestterefore to e in litteringtviolationa f vehicle
private property, or moving
Ordinance, if he or she Sc driving
thim
d on any highway and such vehicle is not constructed covered to
' loaded or the load thereof is ppin , sifting, leaking,
prevent any of its load from therefrom, except that sand may be
or otherwise escaping
en dropped for the purpose of securing rinkletraction
ion roadway in
other substance may be sp
en cleaning or maintaining such roadway.
Whenever litter is thrown, deposited, dropped, or dumped
an from any motor vehicle in vin of is presumed rdinance,
RIthe operator ermitted said m otor olatio
the litter, to be so thrown,
caused or pe
dro ed, or dumped therefrom.
deposited, pp
{ Each 2a-hour period during which said litter is allowed
v• to e on pu
blic or private property-shall cpg4titute
a separate offense under this Ordinance.
SEC RN
TION 2. AFYIAT IVE DEYEN SS
affirmative defense to the crime of
It shall be an property that:
littering o4 public and private p P
h• Such property is an area designated by law,
pursuant to the Solid Waste Site and Facilities
, Act, Sections 30-20-101, et seq•, C•R•S., is
disposal of such materialpublic authority to the so use
authorized by the proper p
the property: or
4 S. The litter is placed in a receptacle or cont
i or
installed on such property for that purpose
C. Such person is the owner or tenant in lawful
poeseee ion of such property.
SECTION 3. VIOLATIONS AND PENALTIES
Any violation of this Ordinance is • Class II Petty
Offense punishable, upon conviction, by • mandatory fine
of not less than $50.00 nor more than $100.00 upon a
first conviction, by a mandatory fine of not less than
$100.00 nor more than $200.00 upon a second convictlon,
and by a mandatory fine of not less that $175.00 nor
more than $300.00 upon a third or subsequent conviction.
It is in the discretion of the Court, upon the
conviction of any person and the imposition of fine
under this Section, to suspend any or all of the fine in
excess of the mandatory minimum fine upon the condition
that the convicted person pick up litter at a time
prescribed by and at place within the jurisdiction of
the Court for not lose than E hours upon a first
conviction or for not less than 16 hours upon a second
or subsequent conviction.
SECTION 1. PENALTY ASSESSMENT AND SCHEDULE
Notwithstanding the previsions of Section 3:, hereof,
the person charged with one or more of the violations of
- this Ordinance shall have the option of paying the below
specified _penalty sssessments therefore to the Weld
County Treasurer in lieu of further proceedings or
defense of such violation in Court, or of appearing in
Court to defend such charge. If such person elects to
appear in Court, he shall be proceeded against es
otherwise provided by law for the violations charged and
shall be subject to the penalties provided in Section
3., hereof if found guilty of such charge. In the event
a person elects to pay the prescribed penalty assessment
as permitted herein, such payment shall constitute an
acknowledgment of guilt by such person of the offense
charged and shall be deemed a complete satisfaction for
such violation and upon accepting the prescribed penalty
assessment, the Weld County Treasurer shall issue a
receipt to the violator acknowledging payment thereof.
The penalty assessment which may be accepted and paid by
the violator under the privileges of this Section shall
be as follows:
First Offense $50.00
Second Offense $100.00
Third Offense $175.00
Four or More Offenses The penalty assessment
shall not apply and the
violator shall be
prosecuted under .the
provisions of Section 3.,
upon the issuance of a
Summons to Appear.
SECTION 5. NON-LIABILITY
The Weld County Sheriff, the Board of County
Commissioners of the County of Weld, State of Colorado,
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