HomeMy WebLinkAbout1012 Repealing, Reenacting, Renaming Title 8 of Muinicipal Code to Nuisances and Environment 06-08-2022ORDINANCE NO. 1012
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, REPEALING, RE-ENACTING AND RENAMING TITLE 8 OF THE
FIRESTONE MUNICIPAL CODE TO "NUISANCES AND ENVIRONMENT"; AND
REPEALING IN ITS ENTIRETY SECTION 12.28,140 "SNOW REMOVAL" AND
SUBSECTION 12.3�.060 (V) CONCERNING FIREWORKS
WHEREAS, the Board of Tilistee: of the Town of Firestone ("Town")has determined that
the Town's current regulations regarding nuisances set forth in Title 8 of the Firestone Municipal
Code, as well as regulations concerning snow removal and fireworxs, are outdated and not
sufficiently aligned with best practices or tile Town's current administrative procedures; and
WHEREAS, the Town desires to repeal and reenact Title 8 of the Firestone wlunicipal
Code to address these existing deficiencies, and the Town finds that repealing and re-enacting will
increase the effectiveness of the Firestone Municipal Code with regard to those regulations and
underlying goals.
NOW, THEREFORE, BE IT ORDAINED BY THE 30ARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Section 2.52.050, "Conuutuiity Services Officer," of the Firestone Municipal .ode
is hereby repealed in its entirety.
Section 2. Title 8, "Health and Safety," of the Firestone Municipal Code is hereby repealed
in its entirety and re-enacted as a new Title 8, entitled "Nuisances and Environment," to read as
follows:
TITLE 8 -NUISANCES AND ENVIRONMENT
Sec. 8.01.010. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
�inr"lifzecl outdoor music means the use of musical instruments or sound equipment to produce
or amplify sound that is not fiilly enclosed by permanent, solid walls, and a roof.
C.onmuulih� services officer means any person empowered by the Town of Firestone to enforce
the provisions of this chapter, including peace officers, as defined in C.R.S. �� 18-3-201(2) and
30-15-105, or personnel of the Firestone Police Department.
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Do»>estic power equipment means any power equipment rated five horsepower or less used for
home or building repair or grounds maintenance, including but not limited to lawn mowers,
garden tools, snow blowers and chain saws.
lllnyi,er means an apparatus consisting of a series of chambers or baffle plates designated for the
purpose of transmitting gases while reducing sound emanating from such apparatus.
1Veigl�borltoocl services officer means any employee of the town designated or authorized by the
town manager or by the town manager's authorized representative to enforce the provisions of
this chapter.
Sound ecjnipment means a loudspeaker, public address system, amplification system, or other
sound producing device.
Unreasonable noise shall mean any sotmd of such level, intensity or duration as may or tends to
be injurious to human health or welfare, or that unreasonably interferes with the enjoyment of
life or property, or causes damage to any property, but excludes all aspects of the employer-
,niployee relationship; concerning health and safety hazards within the confines of a place of
employment.
Y'ehicle, means any machine propelled by power other than human power, designed to travel
along the ground by use of wheels, treads, ruiners or slides to transport persons or property or
pull machinery and includes, without limitation, automobile, airplane, trick, trailer, motorcycle,
motor scooter, tractor, buggy and wagon.
Sec. 8.01.020. Noise prohibited.
(a) It is unlawfiil for any person to make, cause to be made, or to permit auy unreasonable
noise upon any premises or within any vehicle owned, possessed or operated or controlled
by such person.
(b) Neighborhood or community services officers, play, in the deterinuiatin" of whether a
noise is unreasonable, consider factors that include, but, are not limited to:
(1) The time of day;
(2) The size of any gathering of persons creating or contl-ibuting to the noise;
(3) The presence or absence of noise amplification equipment; and
(4) Any other factors tending to show the magnitude and/or disruptive effect of the
r101Se.
(c) With regard to vehicles, the determination of unreasonable noise, in addition to the
previously stated factors shall include, but not be limited to:
(1) The continuous or repeated sounding of any horn, alarm or signal device of a
vehicle, except where an actual emergency or danger exists. For the purposes of
this subsection, "continuous" shall mean continuing for an unnecessary or
unreasonable period of time.
(2) The operation of any vehicle in a manner which causes unreasonable noise as a
result of unnecessary rapid acceleration, deceleration, revving the engine or tire
squeal.
Sec. 8.01.0304 Exceptions.
The prohibitions set forth in subsection 8.01.020(a) shall not apply to sound from:
(1) Any bell or chime from any building clock, school or church;
(2) Any siren, whistle, or bell lawfully used by emergency vehicles or any other
alarm system used in case of fire, collision, civil defense, police activity or other
imminent danger; provided however, that burglar alarms not terminated within
20 minutes after being activated shall not be excepted;
(3) Aircraft which are operated in accordance with federal laws or regulations;
(4) Town authorized or sponsored events including, but not limited to, parades and
fireworks displays;
(5) Any domestic power equipment, except as provided within this sub -section,
operated upon any residential, commercial, industrial or public place between
7:00 a.m. and 7:00 p.m.
(6) Any lawful construction, maintenance, or repair activities in residentially zoned
areas bet«teen 7:00 a.m. and 7:00 p.rn.
(7) Activities directly connected with the abatement of an emergency.
(8) Noise from public; (ztreet, sidewalk, curb and gutter projects, utility work,
education projects, environmental remediation, nuisance abatement and
redevelopment projects.
(9) Noise from snow blowers, snow throwers and snow plows when operated with a
muffler for the purpose of snow removal.
(10) Noise from golf course maintenance equipment.
(11) Noise from authorized public school, parks and recreation district activities
between the hours of 6:00 am. to 11:00 prru.
(12) Noise from railroad operation.
Sec. 8.01.030. Exhaust, mufflers.
No person shall discharge the exhaust of any steam engine, internal combustion engine, air
compressor equipment, motorboat, or other power device which is not equipped with a properly
maintained exhaust system with a muffler or a spark arrestor. It is unlawfiil for any person to
operate a muffler or exhaust using a cutout, bypass or other similar device.
Sec. 8.01.040. Ilse of sirens and red lights restricted.
It is unlawful for any person to carry or use upon any vehicle other than police, fire department
or emergency vehicles, any gong, siren, whistle or red light similar to that used on police, fire
department or emergency vehicles.
CHAPTER 8,02 - SRZOKING RESTRICTIONS
Sec. 8.02.010. Legislative intent.
The Board of Trustees luereby finds and determines that it is in the best interest of the people of
the town to protect nonsmokers from involuntary exposure to environmental tobacco smoke in
most indoor areas open to the public, public meetings, food service establishments, and places
of employment. The Board of Trustees further finds and determines that a balance should be
struck bemeen the health concerns of nonconsumers of tobacco products and the need to
minimize unwarranted governmental intrusion into, and regulation of, private spheres of conduct
and choice with respect to the use or nonuse of tobacco products in certain designated public
areas and in private places. Therefore, the Board of Trustees hereby declares that the purpose of
this article is to preserve and improve the health, comfort, and environment of the people of this
town by limiting exposure to tobacco smoke.
Sec. 8.02.020. Definitions.
As used in this chapter, unless the context othertivise requires:
Ariclitorirrn� means the part of a public building where an audience gathers to attend a
performance, and includes any corridors, hallways, or lobbies adjacent thereto.
Bnr means any indoor area that is operated and licensed under Article 3 of Title 44, C.R.S., as
amended, primarily for the sale and service of alcohol beverages for on -premises consumption
and where the service of food is secondary to the consumption of such beverages.
Ennployee. means any person who:
(1) Performs any type of work for benefit of another in consideration of direct or
indirect wages or profit; or
(2) Provides uncompensated work or services to a business or nonprofit entity.
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Employee includes every person described above, regardless of whether such person is referred
to as an employee, contractor, independent contractor, or volunteer or by any other designation
or title.
inp1gYeimeans any person, partnership, association, corporation, or nonprofit entity that
employs one or more persons. "Employer" includes, without limitation, the judicial branches of
state government; any county, city and county, city, or town, or instrumentality thereof, or any
other political subdivision of the state, special district, authority, conmiission, or agency; or any
other separate corporate instrumentality or unit of state or local government.
Er�trtnvc{}� means the 25-foot radius outside of the front or main doorway leading into a building
or facility that is not exempted under section 8.02.040.
Envir•or�nrental tobacco s»�ohe, ETS, or secondharic% sfirol,e means the complex mixture formed
from the escaping smoke of a burning tobacco product or the escaping vapor or aerosol of an
electronic smoking device, also known as "side stream smoke", and smoke, vapor, or aerosol
exhaled by the smoker.
Foocl service, establislrmerrtrneans any indoor area or portion thereof in which the principal
business is the sale of food for on -premises consumption. The term includes, without limitation,
restaurants, cafeterias, coffee shops, diners, sandwich shops, and short-order cafes.
brcloor area means any enclosed area or portion thereof. The opening of windows or doors, or
the temporary removal of wall panels, does not convert an indoor area into an outdoor area.
Place. of'em�loyfuer�t means any indoor area or portion thereof under the control of an employer
in which employees of the employer perform services for, or on behalf of, the employer.
Pla>>gt•ou�td means that area within a park owned or operated by the Town of Firestone
containing equipment or facilities designed for children's play.
Public br�ilclir�g means any building owned or operated by:
(a) The state, including the legislative, executive, and judicial branches of state
govei7unent;
(b) Any county, city and county, city, or town, or instrumentality thereof , or any other
political subdivision of the state, a special district, an authority, a conunission, or an
agency; or
(c) Any other separate corporate instrumentality or unit of state or local government.
Public nreetirrg means any meeting of a quorum of any local public body open to the public and
Part 4 of Article 6 of Title 24, C..R.S.
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Smoke -free ivork area means an indoor area in a place of employment where smoking is
prohibited under this chapter.
Snrokirrg means the burning of alighted cigarette, cigar, pipe, or any other matter or substance
that contains tobacco, marijuana, or the active use of an electronic smoking device.
Tobacco means cigarettes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp
cut, ready ribbed, and other smoking tobacco; snuff and snuff flour; cavendish; phig and twist
tobacco; fine-cut and other chewing tobacco; shorts, refiise scraps, clippings, cuttings, and
sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be
suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and
smoking. "Tobacco" also includes cloves and any other plant matter or product that is packaged
for smoking. "Tobacco" includes tobacco prepared, treated, or modified in such a manner that it
may be ingested through the use of an electronic smoking device.
Tobacco business means a sole proprietorship, corporation, partnership, or other enterprise
engaged primarily in the sale, manufacture, or promotion of tobacco, tobacco products, or
smoking devices or accessories, either at wholesale or retail, and in which the sale, manufacture,
or promotion of other products is merely incidental.
iVor1,: area means an area in a place of employment where one or more employees are routinely
assigned and perform services for or on behalf of their employer.
Electr onic sinol,:ing device rneans any electronic oral device such as one composed of a heating
element, battery, and/or electronic circuit which provides a vapor of nicotine, vapor of a solution
including nicotine, or aerosol of a solution including nicotine, or any other substance for
inhalation. This term shall include every variation and type of such devices whether they are
manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an
electronic cigarillo, an electronic pen, an electronic pipe, or an electronic hookah or any other
product name or descriptor. The tern "electronic smoking device" does not include any device
specifically approved by the United States Food and Drug Administration for use in reducing,
treating or eliminating nicotine or tobacco dependence, or for any other medical purposes, when
such a device is being marketed and sold solely for such approved purpose.
Sec. 8.02.030. General smoking restrictions.
(a) Except as provided in section 8.02.040 and in order to reduce the levels of exposure to
enviroruliental tobacco and marijuana smoke, smoking shall not be permitted and no
person shall smoke in any indoor area, including, but not limited to:
(1) Public meeting places;
(2) Elevators;
(3) Government -owned or operated means of mass transportation, including, but not
limited to, buses, vans, and trains;
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(4) Taxicabs and limousines;
(5) Grocery stores;
(6) Gymnasiums;
(7) Jury waiting and deliberation rooms;
(�) Courtrooms;
(9) Child day care facilities;
(10) Health care facilities including hospitals, health care cliiucs, doctor's offices,
and other health care related facilities;
(1 I) (a) Any place of employment that is not exempted.
(b) In the case of employers who own facilities otlieilvise exempted from
this subsection, each such employer shall provide a smoke- free work
area for each employee requesting not to have to breathe environmental
tobacco smoke. Every employee shall have a right to work in an area free
of environmental tobacco smoke.
(12) Food service establishments*,
(13) Bars;
(14) Indoor sports arenas;
(15) Restrooms, lobbies, hallways, and other conunon areas in public and private
buildings, condominiuYns, and other multiple -unit residential facties;
(16) Restrooms, lobbies, hallways, and other common areas in hotels and motels, and
in at least 75 percent of the sleeping quarters within a hotel or inatel that are
rented to quests;
(17) Bowling alleys;
(18) Billiard or pool halls;
(19) The common areas of retirement facilities, publicly owned housing facilities,
and nursing homes, not including any resident's private residential quarters;
(20) Public buildings;
(21) Auditoria;
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Theaters;
(23) Museums;
(24) Libraries;
(25) Public and nonpublic schools;
(26) Other educational and vocational institutions;
(27) Assisted livuig facilities, including cursing facilities as defined in C.R.S. � 25.5-
4403 and assisted living residences as defined in C.R.S. § 25-27402; and
(28) The entryways of all buildings and facilities listed in paragraphs (1) to (27) of
this subsection.
(b) Except as provided in section 8.02.040, and in order to reduce the levels of exposure to
environmental tobacco and marijuana smoke, smoking shall not be permitted and no one
shall smoke in any of the following areas:
(1) All Town of Firestone owned or controlled parks, open space, indoor or outdoor
pools and associated spectator areas, indoor or outdoor sport or athletic fields and
associated spectator areas, indoor or outdoor water parks and associated spectator
areas, not including smoking areas designated and posted by the town manager or
such person's designee, pursuant to subsection (2) below;
(2) On Town ofFirestone owned or controlled property that is within 25 feet of Town
of Firestone owned or controlled trail, biking path, or walking path.
(3) Any event for which any town street, right-of-way, park, or parking lot, in
nonresidential zone districts that are closed by the town in order to acconunodate
special events, not including smoking areas designated and posted by the town
manager or such person's designee, in their discretion.
(c) cigar -tobacco bar shall prohibit entry by any person under twenty-one (21) years of
age and shall display signage in at least one (1) conspicuous place and at least four (4)
inches by six (6) inches in size stating: "Smoking allowed. Persons under twenty-one
(21) years of age may not enter."
(d) A retail tobacco business shall prohibit entry by any person under twenty-one (21) years
of age and shall display signage in at least one (1) conspicuous place and at least four (4)
inches by six (6) inches in size stating either:
(1) "Smoking allowed. Persons under twenty-one (21) years of age may not enter.";
or
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(2) In the case of a retail tobacco business that desires to allow the use of electronic
smoking devices but no other forms of smoking on the premises, "Vaping
allowed. Persons under twenty-one (21) years of age may not enter.
(e) Violations of this section shall be an administrative violation subject to the provisions of
chapter 8.05 of the Firestone Municipal Code.
Sec. 8.02.040. Exceptions to smoking restrictions.
Tlie restrictions set forth in section 8.02.030 shall not apply to:
(1) Private homes, private residences, and private automobiles; except if any such
home, residence, or vehicle is being used for child care or day care or if a private
vehicle is being used for the public transportation of children or as part of health
care or day care transportation,
(2) Limousines under private hire;
(3) A hotel or motel rooin rented to one or more guests if the total percentage of such
hotel or motel rooms in such hotel or motel does not exceed 25 percent;
(4) Any retail tobacco business, except that the requirements of section 8.02.030(d)
apply to a retail tobacco business;
(5) A cigar -tobacco bar, except that the requirements of section 8.02.030(c) apply to
a cigar -tobacco bar,
(6) The outdoor area of any business that is more than 25 feet from the entryway of
such business or any other stnicture; or
(7) A place of employment that is not open to the public and that is under the control
of an employer that employs three or fewer employees.
Sec. 8.02.050.Optional prohibitions.
(a) The owner or manager of any place not specifically listed in section 8.02.030, including
a place othervise exempted under section 8.02.0405 may post signs prohibiting smoking
or providing smoking and nonsmoking areas. Such posting shall have the effect of
including such place, or the designated nonsmoking portion thereof, in the places where
smoking is prohibited or restricted pursuant to this chapter.
(b) If the owner or manager of any place not specifically listed in section 8.02.030, including
a place otherwise exempted under section 8.02.040, is an employer and receives a request
from an employee to create a smoke -free work area as contemplated by subsection
8.02.030(a)(11)(b), the owner or manager shall post a sign or signs in the smoke -free
work area as provided in subsection (1) of this section.
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Sec. 8.02.060. Scope.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise
restricted by any other applicable law.
CHAPTER 8.03 -NUISANCES
ARTICLE I -GENERAL PROVISIONS
Sec. 8.03.010. Purpose.
The Board of Trustees declares that the determination and abatement of local nuisances for the
protection of the public's health, safety and welfare is a matter of local concern and therefore
subject to the valid exercise of the town's police powers.
Sec, 8.03,020. Definitions.
As used within this chapter the following words and tei-�ns shall have the following
meaning except where otherwise specified:
1�Ucrrrdorre.�1 ve.Jticl� means:
(1) Any vehicle left unattended on private property for a period of 48 hours or longer
without the consent of the owner, occupant or tenant of such property or such
person's agent; or
(2) Any vehicle left unattended on public property, including any portion of a street
or highway right -of --way, within the limits of the town for a period of 24 hours or
longer, unless the owner or driver has conspicuously affixed thereto a dated
notice, or otherwise notified the police department of such person's intention to
remove such vehicle, or the vehicle is parked in a public street within 50 feet of
the property of the owner. Notwithstanding such notification of intent to return
and remove the vehicle, if the vehicle has been left unattended for longer than 48
hours, it shall be presumed to be abandoned; or
(3) Any vehicle standing or parked upon any portion of a public street or Town
property, or upon private property, that has been determined by the police
department to be inoperable, lost, stolen or unclaimed.
Agent means and includes any person acting on behalf of or in place of the owner.
Building
means any dwelling, office building, store, warehouse, or structure of any kind, whether
or not the building is peuYllanently affixed to the ground upon which it is located, and any trailer,
semitrailer, mobile home, or any other vehicle designed or used for occupancy by persons for
any purpose.
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Coilwnmity services officer means personnel of the Firestone Police Department, including
peace officers, as defined in C.R.S. §§ 18-3-201(2) and 3045405, who are empowered by the
Town of Firestone to enforce the provisions of this chapter.
Developed yroPerth means land that has been substantially improved, with structures,
landscaping and/or hardscape on areas zoned for residential and nonresidential uses, except areas
zoned and used for agricultural purposes.
L'19�,1T1P. COl)lpl'P.SSloll brc)lre device. means any device tvlliclr, when activated, impedes or retards a
motor vehicle's forward motion through compression of air in the engine's cylinder to provide
braking power, which device is also known as a "brake retarder."
Grc�,f�ti means the defacing of public or private property by means of painting, drawing, writing,
etching or carving with paint, spray paint, ink, knife or any similar method.
Hobby vehicle means the repairing, reconditioning, or rebuilding of vehicles which is done for
personal enjoyment or entertainment only, with no profits, compensation, or reimbursement of
any kind involved.
Irlopercible. vehicle, means any vehicle that does not display current, valid license plates; lacks
any part necessary for legal operation on a public street; or lacks glazing, lights or indicators,
body sheet metal or paint on any part of the vehicle.
Jilrrh means trash, waste, rubbish and other discarded things and salvage materials, including,
without limitation, scrap copper, brass, iron, steel or other metals, tires, wheels, household
appliances, furniture, rope, rags, batteries, glass, rubber debris, plastic debris, construction
debris, remnants of wood, plumbing fixtures, port-o-potties, paint, concrete, cinderblock, bricks,
asphalt or any discarded, dismantled, wrecked or scrapped motor vehicle or other machinery or
parts thereof, and any other manufactured goods that are so worn, deteriorated or obsolete as to
make them unusable in their existing condition.
Jll�rk vehicle. means any self-propelled vehicle designed for highway travel under its own power
which is not capable of such travel in its existing mechanical condition; or any dismantled,
partially dismantled, discarded, wrecked, demolished, or partially demolished vehicle; or any
inoperable vehicle.
Landlord means the owner, lessor or sublessor of the dwelling unit or the property of which it is
a part and, in addition, means any person designated as a representative of the landlord.
Litter means and includes any and all rubbish, waste material, refiise, garbage, trash, debris,
excrement, urine, offal composed of animal matter or vegetable matter or both, or any noxious
or offensive matter whatsoever, including but not limited to, any discarded dead animal, fishing
line, bait, chemical, chemical compound, petroleum product or compound, automobile part or
accessory, tire, wheel, junk., paper, cardboard, can, lid, bottle, cap, carton, wrapper, box, wooden
object, plastic object, clothing, cloth, metal object, ribber object, leather object, hide, feathers,
grass clippings, leaves, cut weeds, branches cut from trees or bushes, brick, cinderblock, building
material, paint, concrete, soil, sand, gravel, stone, glass, asphalt, ashes, cigarette, cigar, food or
food product, solvent, dye, beverage, and liquid except water.
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Liquid- or gas -fueled appliance means any equipment or device that burns liquid or gaseous fuel
that can be shut off by means of a switch or other mechanical means and that is designed or
intended for use outdoors to produce heat for pleasure, religious, ceremonial, cooking, warmth,
or similar purposes. This includes, but is not limited to, a liquid- or gas-flieled camp stove, fire
pit, or grill.
Neighborlroocl services officer means any person empowered by the Town of Firestone to
enforce the provisions of this chapter, including any employee of the town designated or
authorized by the town manager or by the town manager's authorized representative.
Nuisance means:
(1) The conducting or maintaining of any business, occupation, activity, building,
land, or premises prohibited by state statute or by this Code;
(2) The continuous or repeated conducting or maintaining of any business,
occupation, operation, activity, building, land or premises is in violation of state
statute or this Code;
(3) Any building, stricture or land open to or used by the general public, the
continuous use or condition of which presents a substantial danger or hazard to
the health, safety or welfare of the conununity,
(�) Any unlawfiil pollution or contamination of any surface or subsurface waters in
this town, or of the air, or of any water, substance or material intended for human
consumption;
(5) A thing, act, failure to act, occupation, activity, condition or use of any building,
land, substance or property which shall otherwise constitute or be known or
declared a nuisance by virtue of common law, state statutes or the ordinances of
the town;
(6) Any activity, operation or condition which, after being ordered abated, corrected
or discontinued. by a la�vfiil order of any department or officer of the town,
continues to be conducted or continues to exist in violation of any statute or this
Code or in violation of any regulation of the town, the county, or the state;
(7) Any activity, operation, condition, building, stricture, place, premises or thing
which is injurious to the health or safety of the citizens of the town, or which is
offensive to the senses so as to interfere with the comfortable enjoyment of life
or property;
(8) Any nuisance defined or declared as such by state stah�te or this Code;
(9) Any dilapidated building of whatever kind which is unused by the owner, or
uninhabited because of deterioration or decay, which condition constitutes a fire
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hazard, or subjects adjoining property to danger or damage by storm, soil erosion,
or rodent infestation, or which becomes a place frequented by trespassers and
transients seeking a temporary hideout or shelter,
(10) Any building or stricture, or any portion of the bung or structure, which is
unsafe or unfit for use or occupancy, because it has been constructed, exists, is
used, or is maintained in violation of any applicable building or structural
requirements or restrictions under the building codes as adopted by the town; or
(11) Any building or structure which is in a condition that is unsanitary, is a fire, life
or safety hazard, or is likely to cause sickness or disease because of inadequate
maintenance, dilapidation, decay, damage, faulty construction or arrangement, or
lack of sufficient fire -resistive constriction, fire protection systems and
connections, electrical systems and connections, fuel connections or mechanical or
plumbing systems and connections,
Occrrpafrt means and includes any person who occupies the whole or a part of a building,
premises, or land, whether alone or with others.
O�vfrer means and includes:
(1) any person, co-par•tnersluip, association, corporation, or fiduciary owning or
holding a legal or equitable title or any interest in any real property, including the
holder of a certificate of purchase or certificate of redemption, except a future or
reversionary interest and except the interest of a public trustee, lien holder,
mortgagee or beneficiary of a deed of trust; or
(2) the owner of record.
Owner of record means the person having recorded title to the property at any given point in
time at which the record is provided by the appropriate county clerk and recorder's office.
Perso�r means and includes any individual, partnership, cor��oration or association; and the
agent, servant or employee of any individual, partnership, corporation or association.
Responsible party means and includes:
(1) Any person who creates, makes or causes any nuisance to exist;
(2) Any person who operates or conducts any nuisance;
(3) Any person who encourages or permits any nuisance to exist;
(4) Any person who maintains or fails to prevent, discontinue or abate the nuisance;
(5) Any person in charge of a property where any nuisance exists or is found.
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Open,1re or open burning has the meaning set forth in the International Fire Code, as adopted
by the Town and as may be amended from time to time. Any fire that is not a recreational fire
shall be deemed to be an open fire.
Person m clrorge of a pi oper tt> means any person in achial or constrictive possession or control
A a property, including, but not limited to, an owner, occupant, agent or property manager of a
property under such person's control, and any bank or financial institution in actual or
constrictive possession or which possesses any sort of lien or interest in the property.
Portable outdoor frreplace. means a portable, outdoor solid -fuel -burning fireplace that may be
constricted of steel, concrete, clay, or other noncombustible material. A portable outdoor
fireplace may be open in design or may be equipped with a small hearth opening and a short
chimney or chimney opening in the top. This type of fireplace is sometimes known as a chiminea.
Public place means any place cornrnonly or usually open to the general public or to which
members of the general public may resort, or is accessible to members of the general public. By
way of illustration, such public places include, but are not limited to, public ways, streets,
buildings, sidewalks, alleys, parking lots, shopping centers, shopping center malls, and places of
business usually open to the general public.
Recreational fire. means an outdoor fire where the fuel being burned is not contained in an
incinerator and that has a total fuel area of three feet (914 mm) or less in diameter and two feet
(610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth, or similar
purposes. For purposes of this article, a recreational fire includes, but is not limited to, a fire in
a charcoal barbeque grill, a barbeque pit, a fire pit, or a fixed, permanent outdoor fireplace, a fire
in a barrel or drum, a fire in a portable outdoor fireplace, or a fire in a tiki torch, or in a similar
device, object, or piece of equipment. It also includes any fire created as a result of the use of
liquid- or gas -fueled appliance.
Slrrrrb means a woody perennial plant, smaller than a tree, usually having permanent stems
branching from or near the ground.
Trash means combustible refuse, including but not limited to paper, cartons, boxes, barrels,
wood (except stacked firewood and. stacked construction materials), tree branches, yard
trimmings, dead plant material, wood or upholstered furniture or bedding, or similar substance
or material; noncombustible refuse, including but not limited to metals, tin or aluminum cans,
metal furniture, dirt, rock, pieces of concrete, glass, crockery or other minerals or mineral wastes;
and street rubbish, including but not limited to street sweepings, dirt, leaves, catch bag dirt and
contents of a litter receptacle. "Trash" does not include earth and waste from building
construction during the period in which a valid building permit issued by the town is active.
Turf grass means any of a variety or combination of varieties of perennial grasses, such as
Kenhicky bluegrass or rye, historically used for residential lawns and typically maintained at a
height not exceeding eight inches.
Uirdevelopecl proper•t>> means property that is not "developed property" as defined herein or
property that has been overlot graded, but not improved.
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Tlehicle means a machine propelled by power other than human power designed to travel along
the ground by use of wheels, treads, runners, or slides to transport persons or property or pull
non -self-propelled vehicles or machinery, and includes, without limitation, automobile, airplane,
boat, trick, trailer, motorcycle, motor scooter, moped, tractor, buggy, and wagon.
TTTeed means any undesirable plant or part thereo% h leas been designated and listed as a
"noxious weed" on either the Federal and Colorado Noxious Weed Lists, and shall include,
without limitation, common ragweed, fireweed, milkweed, mustard, Russian thistle, sandbars
and other similar plants and vegetation.
I and werste. means leaves, grass clippings, brush, tree prinings and other vegetative waste matter,
such as garden plants, weeds, and crop residue.
Sec. 8.03.030. Nuisances prohibited.
(a) It shall be a violation of this chapter for any person to:
(1) Do any act constituting a nuisance; or
(2) Create, operate, maintain, or conduct any nuisance; or
(3) Knowingly fail to act where such failure causes or continues a nuisance; or
(4) Permit or encourage any activity or condition constihiting a nuisance; or
(5) Permit, encourage, aid or abet in t11e creation or maintenance of a nuisance; or
(6) Interfere with or prevent or attempt to interfere with or prevent the abatement of
any nuisance by an officer, employee or agent of the town pursuant to the
provisions of this article.
(b) The prohibitions of this section shall apply only to a responsible party.
(c) Any violation of any injunction or order issued by the municipal court in an action to
abate a nuisance may be punished as a contempt of court or by a tine as specified in
section 1.16.010 of this Code. Unless the violation by its nature cannot be corrected, each
day's (24 hours) failure to comply with an injunction or order to abate shall constitute a
separate violation, for which an additional penalty may be imposed.
Sec. 8.03.040. Inspection of property.
(a) Arrtlrori.:ed inspector . The town manager shall have the power and authority to appoint
and authorize any police officer, building inspector, or neighborhood or conununity
services officer of the town to inspect and examine any public or private property in the
town for the purpose of ascertaining the nature and existence of any nuisance.
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(b) Right of entry generail.y. Whenever necessary to make an inspection to enforce any of the
provisions of this chapter, or whenever an authorized inspector has reasonable cause to
believe that there exists in any building or upon any premises any condition which
constitutes a nuisance hereunder, such inspector may enter such building or premises at
all reasonable times to inspect the same or to perform any lawful duty. If such building
or premises is unoccupied, the inspector shall first make reasonable effort to locate the
owner or occupant or other person or persons having charge or control of the building or
premises. Upon locating the owner or occupants, the inspector shall present proper
credentials and request entry. If entry is refused, the inspector shall give the owner or
occupant, or, if the owner or occupant cannot be located after a reasonable effort, leave
at the building or premises a written notice of intention to inspect not sooner than 24
hours after the time specified in the notice. The notice given to the owner or occupant or
left on the premises shall state that the property owner or occupant has the right to refuse
entry and that in the event such entry is refused, inspection may be made only upon
issuance of a search warrant by the municipal judge or by a judge of any other court
having jurisdiction.
(c) Sern•ch war•rcrrrts. After the expiration of the 24-hour period from the giving or leaving of
such notice, the authorized inspector may appear before the municipal court and, upon
showing of probable cause by written affidavit, shall obtain a search warrant entitling the
inspector to enter the building or upon the premises. Upon presentation of the search
warrant and proper credentials, or possession of the same in the case of an unoccupied
building or premises, the authorized inspector may enter into the building or upon the
premises using such reasonable force as may be necessary to gain entry.
(d) ProUable. ccn�se.. The person applying for such warrant shall not be required to
demonstrate specific knowledge of the condition of the particular stricture or premises
at issue in order to obtain a search warrant, but must show some objective facts, or
circumstances, which are reasonably trustworthy, that would cause an ordinary prudent
person to act. It is unlawful for any owner or occupant of the building or premises to deny
entry to any authorized inspector or to resist reasonable force used by an authorized
inspector acting pursuant to this section.
(e) Emergencies.
(1) Whenever an emergency sihiation or exigent circumstances exists in relation to
the enforcement of any of the provisions of this article, an authorized inspector,
upon a presentation of proper credentials or identification in the case of an
occupied building or premises, may enter into any building or upon any premises.
(2) In an emergency situation or exigent circumstance, an authorized inspector may
use such reasonable force as may be necessary to gain entry into the building or
upon the premises.
(3) For purposes of this subsection, the term "emergency situation" or "exigent
circtulrstance" includes any situation that would cause a reasonable person to
believe that prompt action is necessary: (i) to respond to an inuninent danger of
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loss of, or serious injury or damage to, life, limb or property; or (ii) to prevent
inuninent destruction of evidence.
(f) Search 1ai i*rrllts issiled upon M01071g Of probable cause, The municipal judge shall have
power to issue search warrants upon a showing of probable cause as set forth in this
section.
Sec. 8.03.050. Notice of nuisance.
(a) Ehcept as otherwise specified within this chapter, upon the discovery of any nuisance on
public or private property within the Town, the Town shall notify any and all responsible
parties to remove and abate the thing or things herein described as a nuisance within the
time specified in the notice.
(b) Service of l�otice. The Town may serve written notice to abate upon the responsible
party(ies) described in the notice by one (1) of the following methods:
(1) Personally delivering a copy of the notice to such person;
(2) Leaving a copy of the notice at such person's residence, with any individual whose
age is 18 years or older and who is a member of such person's family or who is
cohabitant;
(3) Leaving a copy of the notice at such person's usual tivorkplace, with such person's
supervisor, secretary, human resources representative or any individual who is the
owner of the business or employee of the business authorized to accept service
for such person;
(�) Delivering a copy of the notice to a person authorized by appointment or by la�v
to receive service of process;
(5) Mailing a copy of the notice by certified mail, to such person's last known
address; or
(6) If personal service or service by mail cannot be effechuated, notice shall be given
by posting the notice in a conspicuous place at the premises, if possible, or if not
possible, by posting such notice at the Firestone Town Hall and by mailing a
second copy of the notice by regular mail to such person's last known address.
When the owner of an abandoned vehicle cannot be located by a reasonable
search, notice shall be given by attaching the notice to the vehicle.
Personal service shall be deemed complete upon the date of personal delivery or three (3)
business days after the date of mailing as required herein.
(c) Any written notice issued pursuant to Subsection (b) above shall include:
(1) A description of the nuisance;
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W A date by which the nuisance must be abated;
(3) A statement informing the responsible party that, if the nuisance is not abated
within the time specified, the nuisance may be abated by the Town and/or the
Town may proceed with civil or criminal proceedings in Municipal Court for
violating the provisions of this Chapter;
(4) A statement that, if the Town abates the nuisance, the Town is entitled to recover
the actual cost of abatement;
(5) A statement that, if the cost of abatement is not paid, a lien maybe placed upon
any property on which the abatement was performed. Failure to substantially
comply with this notice shall not invalidate the proceedings.
(d) Service of the notice and demand shall be a prerequisite to the conuuencernent of civil
proceedings by the town, except for situations involving emergency abatement. The fact
that the person or entity against whom legal action is initiated does not actually receive
such notice shall not preclude such litigation, provided the town has acted in good faith
and in a manner reasonably calculated to give notice to the owner, occupant, person
having control or agent thereof
Sec. 8.03.060. Abatement of nuisance; procedure.
The Town may abate a public nuisance by any of the following procedures.
(a) .511177111Cl1,)� (7lJQtP.InE?Ilt. Where, in the opinion of the town manager, chief of police,
neighborhood or community services officer, or such person's designee, a nuisance exists and
constitutes an immediate and serious danger to the public health, safety or welfare or, in the case
of any nuisance in or upon any public street or public property, such may be summarily abated
without notice of any kind.
(b) �lbatenlerrt afteh notice. If, after written notice has been given, the responsible party
refuses or fails to abate the nuisance in the time specified in the notice, the Town may enter upon
such property for the purposes of abating the nuisance in the case of any nuisance in or upon any
public street or public property.
(c) Abatement U1, C1VlI aCt1011. If, after written notice has been given, the responsible party
refuses or fails to voluntarily abate the nuisance within the tune specified in the notice, and if
the Town elects not to summarily abate the nuisance, the town may initiate a civil action in the
municipal court to have the nuisance declared as such by the court and for an order enjoining the
nuisance or authorizing its restraint, removal, termination of abatement by the responsible party,
or a neighborhood or community services officer or any authorized town employee, or any
person under contract with the town to perform such service. A civil action shall be brought in
accordance with the procedures set forth in section 8.03.070.
(d) Abatement bh criminal action. If, after written notice has been given, the responsible
party refiises or fails to voluntarily abate the nuisance within the time specified in the notice, and
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A the Town elects not to file a civil suit to abate the nuisance, the town may initiate a criminal
action in municipal court to require compliance with the provisions of this chapter in accordance
with the municipal court rules of procedure.
Sec. 8.03.070. Civil action to abate.
(a) CO1)IITIP.IICE'.111P.11t Of action. The civil action to declare and abate a nuisance is commenced
by the filing of a complaint in the municipal court, which shall be verified or supported
by affidavit.
(b) Suruniorrs. The sunm�ons shall be issued in accordance with the municipal court rules of
procedure.
(c) Notice of appearance. A notice of appearance shall be served with the sunuilons and
complaint. The appearance date shall be not less than 14 days from the date of service of
the summons.
(d) Process. The summons and verified complaint shall be served in accordance with the
municipal court rules of procedure.
(e) Ti•ial. Trial shall be to the court, and the municipal court rules of procedure shall apply.
The trial shall be held upon the appearance date, unless the court grants a continuance
for good cause shown. In any action filed, the Town shall have the burden of showing,
by a preponderance of the evidence, that a nuisance occurred on/or within the property
identified in the complaint.
(f) Filing of response.. The party -defendant named i1i the complaint shall file a response on
or before the appearance date set forth in the notice of appearance.
(g) Failure. to fife. response and appear•. Upon the date and at the time set for appearance
and trial, if the party -defendant has filed no response and fails to appear and if the town
shows that proper service was made on the party -defendant at least 14 days prior to the
appearance date, the court may grant such orders as are requested by the town; except
that, the court shall order that enforcement by the town be stayed for ten days and that a
copy of the court's order be mailed to the respondent's last known address. Failure to
appear on any other date set for trial shall be grounds for entering a default and judgment
thereon against a non -appearing party. For good cause shown, and prior to enforcement,
the court may set aside an entry of default and the judgment entered thereon.
(h) Intervention. Any person holding any legal or equitable interest in the parcel who has not
been named as aparty-defendant may intervene as aparty-defendant. No other person
may intervene.
(i) Appeal. The judgment of the Municipal Court may be appealed to the district court.
(j) Inclispensahle parties. The defendants to an action conunenced under this chapter, and
the person liable for and subject to the remedies may include any owner, owner of record,
all tenants and occupants of the subject property, all managers and agents for any person
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claiming an ownership or leasehold interest in such property, any responsible party, and
anyone necessary to carry into effect the court's orders. None of these parties shall be
deemed necessary or indispensable parties.
Sec. 8.03.080. Abatement orders.
(a) Issrrarrce. atad effect of tenrporrn.I perurar�errt abatement orders. The issuance of
temporary or permanent abatement orders under this chapter shall be governed by the
municipal court rules of procedure, pertaining to temporary restraining orders,
preliminary injunctions and permanent injunctions, except to the extent of any
inconsistency with the provisions of this chapter, in which event the provisions of this
chapter shall prevail. Temporary abatement orders provided for in this chapter shall go
into effect inunediately when served upon the property or party against whom they are
directed. Permanent abatement orders shall go into effect as determined by the court. No
bond or other security shall be required of the town upon the issuance of any temporary
abatement order.
(b) Form and scope of abatement orders. Every abatement order under this chapter shall set
forth the reasons for its issuance; shall be reasonably specific in its terms; shall describe
in reasonable detail the acts and conditions authorized, required or prohibited; and shall
be binding upon the subject property, the parties to the action, their attorneys, agents and
employees, and any other person named as a defendant in the nuisance action and served
with a copy of the order.
(c) Srrbstance. of abatP.11rP.lrt Ol'CJeI'S. Temporary or permanent abatement orders entered under
this chapter shall be narrowly tailored so as to address the particular kinds of separate
violations that form the basis of the alleged nuisance. Such orders may include:
(1) Orders requiring any defendant to take steps to abate the nuisance;
(2) Orders authorizing town persomiel to take reasonable steps to abate the nuisance
activity and prevent it from recurring, considering the nature and extent of the
separate violations;
(3) Orders prohibiting certain named individuals from entering the property;
(4) Orders reasonably necessary to access, maintain or safeguard the property; and/or
(5) Orders reasonably necessary for the purposes of abating the nuisance or
preventing the nuisance from occurring or recurring; provided, however, that no
such order shall require the seizure of, the forfeiture of title to, or the appointment
of a special receiver to protect, possess, maintain or operate any property.
(d) Temporary abatenrerrt orders.
(1) The purpose of a temporary abatement order shall be to temporarily abate an
alleged nuisance pending the outcome of the matter's judicial proceeding. A
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temporary abatement order may be issued by the court, even if the effect of such
order is to change, rather than preserve, the status quo.
(2) At any hearing on a motion for a temporary abatement order, the town shall have
the burden of proving that there are reasonable grounds to believe that a nuisance
occurred in or on the subject property and, in the case of a temporary order granted
without notice to the defendant, that such order is reasonably necessary to avoid
immediate, irreparable loss, damage or injury.
(e) Pet•nranerzt abatenref�t o�clet•s. Where the existence of a nuisance is established in a civil
action under this article, the court shall enter a permanent abatement order requiring the
defendant to abate the nuisance and take specific steps to prevent the same and other
nuisances from occurring or recurring on the property.
(fj Motion to vacate or nloclifjt �errrporary abatenlertt orde�s.
(1) Ger�e�al. At any time a temporary abatement order is in effect, any defendant or
any person holding any legal or equitable interest in any property governed by
such an order may file a motion to vacate or modify said order. Any motion filed
under this subsection shall state specifically the factual and legal grounds upon
which it is based, and only those grounds may be considered at the hearing. The
court shall vacate the order if it finds by a preponderance of the evidence that
there are no reasonable grounds to believe that a nuisance was conullitted in or on
the property. The court may modify the order if it finds by a preponderance of the
evidence that such modification will not be detrimental to the public interest and
is appropriate, considering the nature and extent of the violations.
(2) Gonsoliclatiort of hearing tivith othe.�procee.�lir�gs. If all parties so stipulate, the
court may order the trial on the merits to be advanced and tried with the hearing
on these motions.
(g) Nor�conrpliance. to court isstrecl order. It shall be unlawful for any person to fail to comply
or refuse to abide by any of the terms and conditions of a temporary or permanent order
issued by the court. Unless the violation by its nature cannot be corrected, each day's
failure to comply with an injunction or order to abate shall constitute a separate violation
for which an additional penalty may be imposed.
(h) Contempt of cozn•t. Any violation of any injunction or order issued by the Municipal
Court in an action to abate a public miisance maybe punished as a contempt of court.
Sec. 8.03.090. Remedies.
(a) The town and any defendant to an action under this chapter may, upon the court's
approval, voluntarily stipulate to orders and remedies, temporary or permanent, tluat are
different from those provided in this chapter.
21
(b) In any case in which the town prevails in a civil action initiated pursuant to section
8.03.060(c), the town may recover its costs and expenses of declaring and abating the
nuisance, including reasonable attorney fees and costs of litigation, such costs may be
assessed against the defendant and become a lien against the subject property pursuant to
the procedure set forth in this chapter.
(c) The remedies set forth herein are cumulative. The initiation of any action or the
imposition of any penalty hereunder shall not preclude the town from instituting any other
proceeding to require compliance with the provisions of this chapter and with any
administrative orders and determinations made hereunder. No provision herein shall be
construed to limit or abrogate the right of any person to bring a private action to abate a
private nuisance.
Sec. 8.03.100. Interference prohibited.
It is unla�vfiil for any person to interfere with or prevent, or attempt to interfere with or prevent,
the abatement of any nuisance by any employee or agent of the town acting pursuant to the
provisions of this chapter.
Sec. 8,03.110. Assessment and collection of costs of abatement.
(a) In the event the town chooses to abate a nuisance under section 8.03.060, the responsible
party, the owner, or the occupant of the property shall be liable for all actual costs and
expenses incurred by the town in abating such nuisance.
(b) The costs of abatement may be recovered by:
(1) A claim for restitution, in the event the town chooses to abate a nuisance under
section 8.03.060(d),
(2) The institution of a civil action for damages, in the event the town chooses to
abate a nuisance under section 8.03.060(c); or
(3) If the costs of abatement have not been otherwise collected, the town may prepare
a statement enumerating the actual costs of abatement incurred by the town, and
file a first and prior lien upon the property relating back to the date upon which
the abatement was performed. Penalty and interest shall be assessed at a rate
equivalent to that which is assessed by state law upon delinquent general property
taxes. Such lien shall have priority over all other liens except general taxes and
shall, upon the town's certification and filing with the county, be collected and
paid to the town by the county treasurer in the same manner as delinquent general
property taxes.
a. A copy of the statement shall be mailed, by registered or certified mail, or
personally delivered to the owner of the property.
b. The owner shall have 30 days from the date of mailing or delivery of the
same to pay the assessment.
?2
c. The owner may request, in writing, a hearing before the town manager to
object to or contest the amount of the assessment.
d. The written request must be made within 30 days from the date of certified
mailing or delivery of the same.
e. The town clerk shall then schedule the matter for hearing before the town
manager. The owner shall be given written notice at least two (2) weeks
prior to the date, time and place of any hearing scheduled before the town
manager.
f. The decision of the town manager shall be final and provided in writing to
the property owner within seven days of the hearing.
ARTICLE II -SPECIFIC NUISANCES
Sec. 8.03.200. Snow removal.
(a) .�Y101'V OT ICP. 1"BCjlllt"21AP.i9fS CX77C%YP.Sh'1Cf1031S.
(1) It shall Ue unlawful and constihtte a nuisance for any person to allow snow or ice
to remain on any sidewalk open to the public and abutting or adjoining the
property controlled, owned or occupied by such person after 24 hours of the last
measurable snowfall or snowdrift.
(2) It shall be unlawful and constitute a nuisance for any person, without the
permission of the public works director or such person's designee, to throw,
deposit, or scatter or cause to be thrown, deposited or scattered upon any public
place, other than the curb line, snow or ice removed from any property.
(U) Notice. of violation. Any neighborhood or comnumity services officer is authorized and
directed to give notice to any owner, owner's agent, occupant or lessee of property being
kept or maintained in violation of the provisions of this article. Such notice may be
personally served upon such person or, if not personally served, may be posted upon the
property or deposited in the United States mail, addressed to the occupant and owner of
record at the address on the assessment roll of the county assessor or at such other, more
recent, address as may be available to the town, or with respect to notice to occupants, at
the address of the property so occupied. If service or mailing of the notice is to any party
other than the owner, or if the property is posted, a copy of the notice shall be mailed via
United States mail to the owner of record.
(1) The notice shall state that, if the offending snow or ice is not removed from such
property as prescribed by this article on or before one day from the date of such
notice, the removal may be done by the town and all costs of abatement, including
the cost of inspection and all other incidental costs in connection therewith,
including administrative costs, will be charged against the property, in addition
to any other penalty and costs or orders that may be imposed.
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(c) Removal authority; assessnie»t lien on property. If the offending property has not been
brought into compliance with this article within three days from the date of the notice,
the abatement may be done by the town, either by town personnel or by private
contractors. In the event of such abatement by the town, the cost, including inspection,
all other incidental costs in connection therewith, including administrative costs shall be
assessed against the offending property.
Sec. 8.03.205. Blowing dust.
(a) It is unlawfill and deeneed a nuisance for a person to maintain any lot or lots or vacant
land within the Town so as to allow the blowing of dust, soil or sand from such property
to the detriment of the health, safety and general welfare of the inhabitants of the Town
or to cause damage to the real or personal property of any person or of the Town.
(b) It is unlawfiil and deemed a nuisance for the owner or occupant of any lot or lots or vacant
land within the Town to maintain lots or vacant land in such a manner that permits dust
or blowing soil or blowing sand to be deposited on other property, or to be deposited
upon or within any public street, public highway or public way.
(c) Control of clr�st. It is unlawfiil and a nuisance for any person to own, possess or control
any cleared area, constriction site, parking lot, vacant lot or other site use by vehicular
traffic or constriction equipment, or own, possess or control any open pit, storage or
stockpile area, without implementing preventative fiigitive dust control measures, which
may include, but are not limited to, the following.
(1) Wetting down the dust producing area;
(2) Landscaping;
(3) Covering, shielding or enclosing;
(4) Paving on a temporary or permanent basis;
(5) Treating through the use of palliative and chemical stabilization in conformance
with state guidelines.
Sec. 8.03.210. Grass and weeds.
(a) Developed property. It is unlawful, and shall constihite a nuisance for any person who is
an owner, owner's agent, occupant, or lessee of any developed property to permit or
maintain on any such property, any accumulation, collection, presence or growth of any
of the following:
(1) Noxious weeds; or
(2) Turf grass or weeds over eight inches in height.
24
This Subsection does not apply to natural grasses in open space and passive conuuon
areas; landscape or decorative grasses; flower or vegetable gardens, cultivated or tended
shrubbery, xeriscape plants and materials; or agricultural crops on land zoned for
agriculture, including, but not limited to, hay or grass grown for feed, fodder or forage.
(b) Undeveloped pr operhY. It is unlawful, and shall constitute a nuisance for any person who
is an owner, owner's agent, occupant, or lessee of any undeveloped property to permit or
maintain on any such property, any accumulation, collection, presence or growth of
weeds. Undeveloped property shall be allowed to grow native and other acceptable
vegetation to their naturally occurring heights, as this practice is essential for accepted
erosion control practices, wildlife habitat and natural suppression of weeds. This
Subsection does not apply to agricultural crops on land zoned for agriculture, including,
but not limited to, hay or grass grown for feed, fodder or forage.
(c) Weeds shall be controlled by cutting, spraying or other la�vfiil and suitable methods of
weed control.
(d) The Board of Trustees may, by resolution, exempt certain areas in the Town, whether
publicly or privately owned, from the prohibitions contained in this Section, if the Town
Board of Trustees determines that such areas are: natural open space, passive common
areas, conservation areas, erosion control areas, agricultural zoned property or irrigation
or drainage ditch riglits-of-way.
Sec. 8.03.215.Overgrown, diseased and prohibited vegetation,
(a) OVP,I'gl'Oivn tf•ees, gVasses and s1ir)rbs. No person shall allow:
(1) Any branch of any tree, shrub or other vegetation to overhang streets or alleys in
such a manner that the branches interfere with the safe and unobstructed
movement of vehicles on any street or alley; or
(2) Any branch of any tree, shrub or other vegetation to overhang the first eight (8)
feet of space above any public sidewalk; or
(3) Any landscaping, grasses, or plant material installed within site distance triangles
to grow in such a mariner as to interfere with or impede a motorist's view of
approaching traffic, traffic signs and traffic signals; or
(4) Any branch of any tree, shrub or other vegetation to overhang public rights -of -
way in such a manner as to visually obstruct a motorist's view of traffic signs and
traffic signals.
(b) Diseased trees and slrf-ubs. Trees, shrubs and other vegetation which are dead, broken,
diseased, infested by insects, or impede the passage of pedestrians or vehicles or obstruct
sight -lines of any public sheet or highway or any official traffic control device so as to
endanger the well-being of other trees, shrubs or vegetation or constitute a potential threat
or hazard to people or property within the Town are hereby declared a nuisance.
25
(c) The neighborhood or community services officer shall give written notice to the owner
or occupant of any property abutting Town rights -of --way or other public property of any
condition deemed unsafe caused by trees and other vegetation overhanging or projecting
from such abutting property and onto or over such right-of-way or other public property
with such unsafe condition. hi case the owner or occupant of such property fails to follow
the requirements of such notice, then it shall be the duty of the Town to correct any such
unsafe condition inuuediately upon the expiration of the notice periods specified in the
notice of abatement.
(d) It is unlawful and deemed a nuisance for any person, firm or corporation to cut, trim,
spray, remove, treat or plant any tree, vine, shrub, hedge or other woody plants upon
access -controlled arterials or other public parks and greenbelts within the town, unless
authorized by the town.
(e) It is unlawfi►i and deemed a nuisance for any person to injure, damage or destroy any
tree, shrub, vine, hedge or other vegetation in or upon public rights -of -way or other public
property within the town, unless authorized by the town.
Sec. 8.03.220. Abandoned, junk and inoperable vehicles.
(a) It is unla�vfiil and constitutes a nuisance for any person to:
(1) Abandon a vehicle; or
(2) Leave any junk or inoperable vehicle upon any public property; or
(3) For the owner of any vehicle or any person tvvho is in charge, control or possession
of property, to permit or allow any abandoned, junked, or inoperable vehicle to
remain on such property for a time period in excess of 48 hours, except that this
subsection shall not apply to:
a. A vehicle or parts of a vehicle in a completely enclosed stricture; or
b. A vehicle on the premises of a commercial enterprise operated in a lawfiil
place and manner when necessary to the operation of such business
provided that such vehicle or parts are stored in accordance with the
Firestone Development Code; or
c. A vehicle in a storage place or depository maintained for vehicles
impounded by or for the town; or
d. Trailers.
Sec. 8.03.225. Hobby vehicles.
(a) It shall be unlawful for any person to repair, restore, recondition or perform maintenance
on a hobby vehicle, except as follows:
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(1) Hobby vehicles must be kept in either a completely enclosed garage or in a side
or back yard behind a solid fence of at least six feet in height so that the hobby
vehicle is not visible from any adjacent property line or public right-of-way.
(b) Minor repair or maintenance of vehicles, which includes, but is not limited to, changing
of oil, spark plugs, tires and replacing of fluids is permitted, so long as such work is
completed within three consecutive days and such work shall not be performed on any
public property or right-of-way.
Sec. 8.03.234. Littering public or private property.
(a) Stt•eets cr�cl roncls.
(1) It is unlawful and a nuisance for any person involved in the operation of a vehicle
to track, scatter or deposit or cause to be tracked, scattered or deposited, any sand,
gravel, rocks, mud, dirt, dust or any other such object upon any public
thoroughfare or right -of --way.
(2) It is unlawful and a nuisance for any person to operate a vehicle contaiiung sand,
gravel, rocks, mud, dirt, or any other such object unless such load is covered or
otherwise prevented from dropping, leaking, blowing, or otherwise escaping from
the vehicle upon any public thoroughfare or right -of --way.
(3) The provisions of this subsection shall not apply where such vehicles are used in
authorized snow removal activities or where sand or gravel is used for the purpose
of securing traction in inclement weather.
(b) Litter p�•ohihitecl.
(1) It is unlawful and constitutes a nuisance for any person to throw or deposit, or
cause or permit to be thrown or deposited upon any street, alley, sidewalk or
public property or place in the town, any garbage, trash, litter or junk, or
hazardous material as defined by 40 C.F.R. Part 261, or other offensive matter,
except in public receptacles or authorized private receptacles.
(2) It is unlawful and deemed a nuisance for any person to obstnict, litter or damage
any street, avenue, alley, sidewalk, highway, public right -of --way, public grounds,
park, recreation facility or public property in the town.
Sec. 8.03.23.5. Unclean stable or stall; manure fertilizer offensive in odor.
(a) Any animal or fowl enclosure in which any animal or fowl shall be kept, or in any other
place within the Town in which manure or liquid discharges of such animals or fowls
shall accumulate, and which is maintained in an unsanitary condition, allowing an
offensive odor to escape therefrom, providing an insect or rodent attractant, or
endangering the health of such animals, shall be deemed a nuisance.
(b) It is unlawful and constitutes a nuisance for any person to use manure or other organic
material on premises for fertilizing purposes if such creates unsanitary conditions or
odors upon any adjoining or surrounding property offensive to a reasonable person for a
period of 14 or more consecutive days.
(c) Whenever manure or any other organic material shall accumulate and affect the health of
the public, it may be forbidden and designated a nuisance under the provisions of this
Chapter.
Sec. 8.03.240. Offensive locations.
(a) Geological lrcr�rn-cl areas. It is unlawfiil and constitutes a nuisance for any person to
aggravate any geologic hazard area of the town by means of disturbing vulnerable rock
slopes or unstable soil slopes. For purposes of this section, "geologic hazard area" means
a geologic phenomenon which is so unstable that any use of such area may result in
landslides, rock falls, mudflow or creep.
(b) Pollrtted water. A swinuning pool, pond or other body of water which is abandoned,
unattended, unfiltered, or not otherwise maintained, resulting in the water becoming
polluted, or any standing or flowing water from a septic tank, cesspool, or sewer service
line within the Town shall constitute a public nuisance. For purposes of this subsection
the term "polluted water" means water contained in a swimming pool, pond, or other
body of water, which contains one or more of the following: bacterial growth, including
algae; remains of insects; remains of deceased animals; reptiles; rubbish; feces; reftise;
debris; papers; and any other foreign matter or material which because of its nature or
location constitutes an unhealthy or unsafe condition.
(c) ujatefa sr�pply clitrh. It is unlawfiil and constitutes a nuisance for any person to own or
operate a water supply ditch where the condition of the ditch is such that it creates a
health, sanitation or safety hazard upon any property within the town.
(d) C)Den wells, cisterns or excavations. It is declared that excavations exceeding five (5) feet
in depth, cisterns and wells or an excavation used for storage of water within the Town
are public nuisances unless the same are adequately covered with a locked lid, or other
covering weighing at least sixty (60) pounds or are securely fenced with a solid fence to
a height of at least five (5) feet; and it is unlawfiil for any person to permit such nuisance
to remain on premises owned or occupied by such person.
(e) Propero� and brriNzngs. It is unlawful and constitutes a nuisance for any person to own,
lease, occupy, manage or possess any property upon which any of the following
conditions exist:
(1) The premises are so defective, unsightly, or in such condition or disrepair that
they impair the value of the surrounding property. Manifestation of this condition
shall include, but not be limited to, the keeping on, or disposing of on, or the
scattering over the premises of any of the following.
a. Turk, garbage or trash, as defined in this title;
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b. Stagnant water or an excavation of five feet or more in depth; or
(2) The premises are abandoned, boarded up, partially destroyed, or left in a state of
partial constriction or destruction; or
(3) StIklt% Tres on the premises have dry rot, warping, or termite infestation; or
(4) The premises have broken windows or unsecured entrances which may cause
hazardous conditions and/or invite trespassers and other unlawful acts; or
(5) The landscaping on the premises has not been maintained such that the majority of plant
material has been adequately irrigated and maintained in a living and healthy condition. Sec.
3.03.245. Offensive trade or business.
Whenever the pursuit of any trade, business or manufacture or maintenance of any substance or
condition of things results in a condition detrimental to the health, safety or general welfare of
the inhabitants of the Town, such pursuit shall be deemed a nuisance and shall be abated. By
,vay of illustration, but not limitation, the pursuit of the following trades or businesses within
the Town shall constitute unlawful nuisances.
(1) Storage. operations. All places at which the owner or occupant keeps, stores or
permits to be kept or stored any building materials, constriction materials, liquids,
debris, paper, trash, waste material or litter upon any property in such a manner
as to cause a fire hazard to a building, improvement, or other property, or other
detriment to the health, safety or general welfare of the inhabitants of the Town,
or in such a manner that the stored materials may be blown or deposited upon any
other public or private property, unless such materials are covered and secured so
as to prevent such materials from being scattered about or otherwise dispersed by
wind, water or other natural causes.
(2) Cor�structio�,r sites. All places at which construction or excavation operations
occur and from which trucks or other vehicles emerge from the site and carry onto
or deposit in any street or other public place any mud, dirt, sticky substance or
other litter which causes a hazard to automobile traffic or which otherwise causes
a detriment to the health, safety or welfare of the inhabitants of the Town.
Sec. 8.03.2.50. Graffiti.
(a) Any graffiti vandalism, which is visible from any public facility, street, trail or park, is
declared to be a public nuisance.
(b) Graffiti vandalismshall not constitute a "public nuisance" and no charges or liens for the
costs of abatement or sununons and complaint or civil action shall be imposed or
commenced by the town against a responsible party, if, subject to the availability of
appropriated hinds, such person.
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(1) Within 15 calendar days of the date of the graffiti vandalism abatement notice
from the town, or in the absence of receipt of such notice upon written request for
removal to the town, such person executes a release, waiver and consent form
authorizing the town to enter upon the property and remove the graffiti vandalism;
or
(2) If upon inspection, the town determines that removal of the graffiti vandalism
would require specialized equipment or pose a substantial risk of injury or harm
to town personnel performing such work, the removal of the graffiti vandalism
shall remain the obligation of the responsible party.
Sec. 8.03.25,5. Burning of hash, litter anti. rubbish; ,yard jvaste.
It is turlawfitl and shall constitute a nuisance for any person to build, maintain, attend or use an
open fire, a portable outdoor fireplace, or recreational fire, or to conduct open burning, in the
town, including public and private lands, for purposes of removing and disposing of trash, junk,
rubbish, litter, or yard waste.
Sec. 8.03.260. Burning of irrigation ditches; crop fields.
(a) It is unlawfiil and shall constihzte a nuisance for any person to build, maintain, attend or
use an open fire, or to conduct open burning of irrigation ditches or crop fields in the
town without having first obtained a burn permit issued by the Frederick -Firestone Fire
Protection District, or in a manner contrary to the terms, conditions and restrictions set
forth in such permit and any fire restrictions or fire ban issued by the Frederick -Firestone
Fire Protection District or Weld County to be in effect within or upon any area within the
town. A copy of said permit shall be provided to the Town prior to the commencement
of burning.
(b) Any person engaging in such burning sha11 comply with any applicable state laws and
regrilations relating to the building, maintaining or attending to an open fire or acts related
to, or that may create, open burning, including but not limited to any requirement to
obtain an open burning permit from the Colorado Department of Public Health and
Environment, as well as any and all terms, restrictions, and conditions contained in the
burn permit issued by the Frederick -Firestone Fire Protection District,
Sec. 8.03.265. Use of air compression brakes prohibited.
(a) It is unlawfiil and shall constitute a nuisance for the operator of a motor vehicle equipped
with an engine compression brake device to use such device while operating the vehicle
within the town.
CHAPTER 8.04 -FIREWORKS
Sec. 8.04.010. Definitions.
Fireworks means any composition or device for the purpose of producing a visible or an audible
effect for entertainment purposes by combustion, deflagration or detonation that meets the
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definition of 1.4G fireworks or 1.3G fireworks as set forth in tlue International Fire Code as
adopted by the town and as may be from time to time amended.
Sec. 8.04.020. Prohibition.
The possession, manufacture, storage, sale, handling and use of fireworks are prohibited, except
as may be permitted by: (a) the International Fire Code as adopted by the town and as may be
froin time to time amended; or (b) the Firestone Development Code, as amended.
Section 3. Section 12.28.140, "Snow removal," of the Firestone Municipal Code is hereby
repealed in its entirety.
Section 4. Subsection 12.32.060(V) is hereby amended to read as follows:
V. Ignite any fireworks in any parks or recreation facilities or building "„io�� �,,,,�, „o,•�„„
non f this Code except as permitted by Chapter 8.04 of this Code.
Section 5. If any article, section, paragraph, sentence, clause, or please of this ordinance is
held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare
it would have passed this ordinance and each part or parts hereof irrespective of the fact that any
one part or parts be declared unconstitutional or invalid.
Section 6. Violations of this ordinance in addition to the penalties set forth herein may be
punishable in accordance with Section 1.16.010 of the Town of Firestone, Municipal Code.
Section 7. All other ordinances or portions thereof inconsistent or conflicting with this
ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL thistle day
ATTEST:
a Koenig, C � own
TO T FIRE NE, COLORADO
Drew Peterson, Mayor
Town Attoi7iey
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