HomeMy WebLinkAbout20231455.tiffWELD COUNTY
CODE ORDINANCE 2023-07
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IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 17 PUBLIC PLACES, 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 requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Chapter 17 Public Places of the Weld County Code be,
and hereby is, repealed and re-enacted, with amendments, to read as follows.
CHAPTER 17
PUBLIC PLACES
Article VII - Reserved General Prohibition of Camping on Public Properties
Sec. 17-7-10. Purpose and intent.
C.R.S. § 18-9-117 and Weld County Home Rule Charter Sec. 3-8 authorize the Board of
County Commissioners of Weld County to adopt such regulations as are reasonably necessary
for the administration, protection and maintenance of County -owned public property. The Board
of County Commissioners hereby enacts this Article VII to protect the health, safety and welfare
of the public.
Sec. 17-7-20. Definitions.
A. The terms "camp" or "camping" as used in this Article VII shall mean to use or erect living
accommodations, including vehicles, whether temporary or permanent, on public property
in the County of Weld, including, but not limited to, the following circumstances and
activities:
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1 Sleeping or making preparations to sleep, including the lying down of bedding for
the purpose of sleeping.
2. Occupying a shelter out-of-doors. "Shelter" shall mean any cover or protection
from the elements other than clothing, such as a tent, shack, sleeping bag, or other
structure or material.
3. Subject to the exception set forth in Sec. 17-7-30.B., below, occupying any
operable or inoperable "motor vehicle," as defined in C.R.S. § 44-20-102(16), or
"recreational vehicle," as defined in C.R.S. § 24-32-902(9), as may be amended.
4 The presence or use of a campfire, camp stove or other heating source or cooking
device.
5. Keeping or storing personal property.
B The term "public property" as used in this Article VII shall mean and include any property
or right-of-way owned by the County of Weld, regardless of whether the property is located
within the unincorporated area of the County of Weld or located within a municipality.
Sec. 17-7-30. Prohibited Acts.
A. Camping on public property, as defined in Sec. 17-7-20.B., above, is prohibited.
B. Notwithstanding the foregoing provision, a person may occupy a motor vehicle for a period
of no longer than forty-eight (48) hours on any County owned right-of-way or parking lot
under circumstances constituting an emergency, including, but not limited to, adverse
weather conditions or vehicle inoperability. Periodic occupancy shall not be a defense or
exemption to the prohibitions set forth in this Article VII.
Sec. 17-7-40. Enforcement.
Pursuant to C.R.S. §18-9-117, the prohibitions set forth in this Article VII shall be enforced
by the Weld County Sheriff for violations committed on public properties located within the
unincorporated area of the County of Weld, and by the appropriate municipal law enforcement
authorities for violations committed on public properties located within municipalities.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections 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 subsections
in said Code.
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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 2023-07 was, on motion duly made and
seconded, adopted by the following vote on the 26th day of June, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Mike Freeman, Chair
Weld County Clerk to the Board
Perry L. Buck, Pro-Tem
BY:
Deputy Clerk to the Board
Scott K. James
APPROVED AS TO FORM:
Kevin D. Ross
County Attorney
Lori Saine
Date of signature:
First Reading:
Publication:
May 24, 2023
May 28, 2023, in the Greeley Tribune
Second Reading: June 7, 2023
Publication: June 11, 2023, in the Greeley Tribune
Final Reading: June 26, 2023
Publication: July 2, 2023, in the Greeley Tribune
Effective: July 7, 2023
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