HomeMy WebLinkAbout982009.tiff ORDINANCE NO. 203
IN THE MATTER OF REGULATING ACTIVITIES ON TRAILS OWNED AND/OR OPERATED
BY THE COUNTY OF WELD, STATE OF COLORADO
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, pursuant to the authority set forth in Colorado statute and the Weld County
Home Rule Charter, the County of Weld owns certain properties which are utilized by the public
as rights-of-way for conveyance by non-motorized vehicles and pedestrians, which properties
are commonly known as "trails," and
WHEREAS, the Board of County Commissioners of the County of Weld is authorized,
pursuant to Section 29-7-101(2), C.R.S., as amended, to promulgate rules and regulations to
control the activities by the public on said trails, and
WHEREAS, the Board of County Commissioners deems it to be in the best interest of
the public to enact an ordinance which regulates said activities, and
WHEREAS, this Ordinance will provide for the health, safety, and welfare of all of the
citizens of the County of Weld, State of Colorado, and
WHEREAS, pursuant to Sections 30-35-301 and 30-15-402, C.R.S., as amended, the
Board of County Commissioners 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 the following prohibitions shall apply to activities by the
public in park facilities owned by the County of Weld, State of Colorado:
I. APPLICATION; JURISDICTION; PROCEDURE
These regulations shall apply to and be enforceable on all trails owned and operated by
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
the County of Weld, State of Colorado. It shall be the duty of the Weld County Sheriff to enforce
the regulations. The Weld County Court shall have jurisdiction in prosecutions of violations of
the regulations. Simplified County Court Procedures as set forth in Section 16-2-101, C.R.S., as
amended, et. seq., shall be applicable to prosecutions of violations of these regulations. Any
summons and complaint brought in the Weld County Court for violation of any of the regulations
set forth herein shall be filed in the name of the County of Weld, by and on behalf of the People
of the State of Colorado, with all process issued from the Weld County Court likewise
denominated. The Weld County Attorney shall be empowered to enforce the regulations and to
appear and prosecute for the County of Weld by and in the name of the People of the State of
Colorado, in any proceeding in the Weld County Court involving a violation of these regulations.
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II. PROHIBITED ACTS GENERALLY
A. DEFINITIONS: Unless specifically stated otherwise, the following words have the
following definitions in this Ordinance.
1. "Designated parking areas" means those areas adjacent to a trail which
have been designated for the parking of motor vehicles, as set forth in
posted signs.
2. "Litter" means all rubbish, waste material, refuse, garbage, trash, debris,
or other foreign substances, solid or liquid, of every form, size, kind, and
description.
3. "Motorized Vehicle" means any self-propelled vehicle which is generally
and commonly used to transport persons and property. The term shall
include, but is not limited to, any self-propelled vehicle which is designed
to travel on wheels or tracks in contact with the ground, which is designed
primarily for use off of the public highways, and which is generally and
commonly used to transport persons for recreational purposes. The term
does not include the following: authorized emergency vehicles, as
defined by Section 42-1-102(6), C.R.S., as amended; authorized service
vehicles, as defined by Section 42-1-102(7), C.R.S., as amended;
wheelchairs, as defined by Section 42-1-102(113), C.R.S., as
amended; or vehicles moved solely by human power.
4. "Overnight camping" means the use of a trail for the purpose of overnight
occupancy without a permanently fixed structure.
5. "Public property" means all property, real and/or personal, which is owned,
controlled, or in the possession of the County of Weld, State of Colorado.
6. "Trail" means the entire real property located within the boundaries of the
designated trail owned and operated by the County of Weld, State of
Colorado, including all improvements located thereon.
The following conduct and acts are prohibited. If any of the regulations set forth within
this Section conflict with any other applicable law or regulation, the more stringent requirement
shall control.
B. OVERNIGHT CAMPING
1. To overnight camp on a trail or on properties adjacent to and within twenty
(20) feet thereof.
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C. CURFEW
1. To use a trail in any manner from one-half hour ('/%) after dusk to one-half
('/A) hour before dawn.
D. VEHICLES
1. To operate any motorized vehicle on a trail.
2. While using a trail, to park any motorized vehicle in other than a
designated parking area.
E. FIREARMS
1. To discharge any firearm or weapon of any kind, including, but not limited
to, rifles, handguns, shotguns, BB guns, pellet guns, longbows, cross
bows, or other deadly weapons or firearms as defined by
Section 18-1-901(3)(e), C.R.S., as amended, and (h), from, on, or across
any trail or designated parking area.
F. FIREWORKS
1. To discharge any types of fireworks, sparklers, or explosive or incendiary
devices as defined by Section 18-12-109(I)(a), C.R.S., as amended, from,
on, or across any trail or designated parking area.
G. SANITATION
1. To leave human or animal waste, waste water, cans, bottles, plastic or
paper cartons, or other litter of any type on a trail or on adjacent lands,
other than in designated trash and waste containers and/or receptacles.
2. To use trash containers and/or receptacles provided for public use for
dumping household and/or commercial trash brought from outside a trail.
H. DOGS AND OTHER ANIMALS
1. To bring or allow dogs or other animals not under physical control onto a
trail. "Physical control" means the use of a leash, which may not exceed
five (5) feet in length. As used in this Section II.H., the term "other
animals" does not include horses.
2. To allow dogs and other animals to create a nuisance, noise or
disturbance.
3. To knowingly or negligently allow or direct a dog which one owns or which
is under one's control to harass people or other animals, whether or not
such person(s) or animals are injured by such dog.
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4. To bring or allow horses onto a trail, except those areas posted for use by
horses, and except for mounted police and posse.
DESTRUCTION OF PUBLIC PROPERTY
1. To remove, destroy, mutilate, modify, or deface any building, structure,
water control device, fence, gate, sign, notice, survey or section marker,
tree, shrub, or other plant vegetation, or any other item of public property
on a trail or a designated parking area.
J. DISORDERLY CONDUCT
1. To knowingly or recklessly, on a trail or a designated parking area, make a
coarse and obvious offensive utterance, gesture, or display of abuse, or
threaten a person in an obviously offensive manner, or make an
unreasonable noise, or fight with another, or discharge a firearm, or
display a deadly weapon in a manner calculated to alarm.
K. COMMERCIAL USE
1. To use a trail for any commercial purpose whatsoever without the express
written consent of the Board of County Commissioners of the County of
Weld, State of Colorado.
L. USE RESTRICTIONS
1. To enter, use, or occupy a trail which is posted against such entry, use, or
occupancy.
2. To use any portion of a trail for other than its intended purposes. This
prohibition includes, without limitation, walking, sitting on, or jumping or
fishing from, bridge guardrails.
3. To deliberately disobey regulatory signs on a trail.
4. To loiter on a trail or a designated parking area, as that term is defined in
Section 18-9-112, C.R.S., as amended.
M. FIRES
1. To burn fires on a trail without the express written consent of the Board of
County Commissioners of the County of Weld, State of Colorado.
N. ALCOHOL
1. To consume alcoholic beverages on a trail or designated parking area.
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O. MISCELLANEOUS
1. To collect seeds, plants, or cuttings of trees, shrubs, vines, grasses,
wildflowers, or other plants from a trail or adjacent properties.
2. To fly a model airplane over or launch a model rocket from a trail.
3. To drive, hit, or throw golf balls onto or from a trail.
4. To post a notice, including fastening or showing cards, posters, or other
materials.
5. To knowingly or negligently allow or direct a minor child to engage in
conduct or acts which are prohibited herein.
III. VIOLATIONS AND PENALTIES
Any violation of this ordinance is a Class 2 Petty Offense punishable, upon conviction, by
mandatory fine of not less than $25.00 nor more than $50.00 upon a first conviction, by
mandatory fine not less than $50.00 nor more than $100.00 upon a second conviction, and by
mandatory fine of not less than $100.00 nor more than $300.00 upon a third or subsequent
conviction.
It is at 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 perform community service work at a time and in a
manner prescribed by and at a place within the jurisdiction of the Court, for not less than eight
hours upon a first conviction or for not less than 16 hours upon a second or subsequent
conviction.
IV. PENALTY ASSESSMENT AND SCHEDULE
Notwithstanding the provisions of the Section of this Ordinance entitled: "Ill. Violations
and Penalties," above, 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(s) of such violation in Court or of
appearing in Court to defend such charge(s). If such person elects to appear in Court, said
person should be proceeded against as otherwise provided by law for the violations charged and
shall be subject to the penalties provided in the section entitled: "III. Violations and Penalties,"
above, if found guilty of such charge(s). In the event a person wants 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:
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Offense Number Fine Imposed
First Offense $ 25.00
Second Offense $50.00
Third Offense $100.00
Four or More Offenses The penalty assessment shall not apply and
the violator shall be prosecuted under the
provisions of the section entitled "Ill.
Violations and Penalties," above, upon the
issuance of a Summons to Appear.
V. TEMPORARY CLOSURE
The Board of County Commissioners may, by Resolution, order the temporary closure of
a trail subject to the Board's ownership and/or control. Said closure shall be strictly at the
discretion of the Board. The Board may also, by Resolution, delegate to a Department Director
of Weld County and/or the Weld County Sheriff the discretion to close a trail for reasons such as
emergency, public safety, or maintenance, for periods of time up to 72 hours in length, without
obtaining the prior approval of the Board.
VI. NON-LIABILITY
The Weld County Sheriff, the Board of County Commissioners of the County of Weld,
State of Colorado, their assistants, attorneys, and employees, and any person enforcing the
provisions of this Ordinance as designated by the Board of County Commissioners, 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 this 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 person(s).
VII. 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.
VIII. 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. The Board of County Commissioners hereby declares that it
would have enacted this Ordinance and in each and every section, subsection, paragraph,
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sentence, clause, and phrase thereof irrespective of the fact that anyone or more sections,
subsections, paragraphs, sentences, clauses, or phrases might be declared to be
unconstitutional or invalid.
IX. INCLUSION IN ADMINISTRATIVE MANUAL
This Ordinance No. 203 shall be placed by the Clerk to the Board of County
Commissioners of the County of Weld, State of Colorado, in the Weld County Administrative
Manual.
X. EFFECTIVE DATE
The effective date of this Ordinance shall be five days after its final publication, in
accordance with the provisions of Section 3-14(2) of the Weld County Home Rule Charter.
The above and foregoing Ordinance Number 203 was, on motion duly made and
seconded, adopted by the following vote on the 30th, day of November, A. D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Constance L. Harbert, Chair
Weld County Clerk to the Board
W. H. Webster, Pro-Tem
BY:
Deputy Clerk to the Board
George E. Baxter
APPROVED AS TO FORM:
Dale K. Hall
County Attorney
Barbara J. Kirkmeyer
First Reading: October 19, 1998
Publication: October 28, 1998, in the Platteville Herald
Second Reading: November 9, 1998
Publication: November 18, 1998
Final Reading: November 30, 1998
Publication: December 9, 1998
Effective: December 14, 1998
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ri t a
TO: Board of County Commissioners
FROM: Bruce T. Barker, Weld County Attorney
111'De DATE: October 13, 1998
RE: Trail Ordinance
COLORADO
Attached is an ordinance designed to regulate activities on trails owned and/or operated by
Weld County. It is consistent with the various ordinances either currently in place or to be
enacted by Windsor and Greeley. All of the comments by the County Attorney staff and the
attorneys from Windsor and Greeley have been incorporated. I am awaiting comments from
the Sheriff's Office, but their comments will also be incorporated when received.
I recommend that the Board adopt the ordinance.
c4. l --`
B T. Bararker�
Weld County Att rney
Attachment
pc: Don Warden
982009
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