1983-1990Ordinances
1983 -1990
192-279
,
Ordinances
1983 -1990 -
192-279 _,
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ORDINANCE NO.~
AN ORDINANCE ADOPTING THE BUDGET FOR THE TOlvN OF FIRESTONE, COLORADO FOR THE
FISCAL YEAR BEGINNING THE 1st DAY OF JANUARY, 19B4, AND ENDING ON THE LAST DAY
OF DECEMBER, 19B4, ESTIMATING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY
TAX LEVY BASED ON THE SAID BUDGET SO ADOPTED; ESTIMATING THE AMOUtJT OF MONEY
TO BE DERIVED FROM OTHER REVENUE SOURCES; AND SETTING FORTH THE ESTIMATED
EXPENDITURES FOR EACH FUND.
WHEREAS, the Circuit Rider City Manager has been designated to prepare the
annual budget for Firestone, Colorado, for the fiscal year beginning January
1, 19B4, and ending December 31, 19B4, and has prepared sa.id budget and
submitted it to the Board of Trustees; and
WHEREAS, the Board of Trustees held a public hearing on said budget on
December B, 19B3; and
v/HEREAS, the Board of Trustees has considered all relevant factors
concerning the budget.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES FOR THE TOWN OF
FIRESTONE, COLORADO:
Section 1. That the estimated revenue for the various funds of the Town
of Firestone is:
General Fund
Water Fund
Revenue Sharing Trust Fund
Park Fund
Special Assessment Fund
Police Pension Fund
Conservation Trust Fund
TOTAL.
$184,655.00
218,029.00
10 ,B27. 00
4,833.00
89,084.00
12,729.00
3,400.00
523,557.00
Section 2. That the estimated expenditures for each fund of the Town of
Firestone are as follows:
Genera 1 Fund
Water Fund
Revenue Sharing Trust Fund
Park Fund
Special Assessment Fund
Police Pension Fund
Conservation Trust Fund
TOTAL
I 79, </72 ,oo q'
$176,552.00
193,327.00
10,827.00
4 ,B33 .00
89,084.00
0.00
3,400.00
478,023.00-<
, l/80 J ~l/3 • t>O
Section 3. That the budg.et for the Town of Firestone, Colorado, for the
fiscal year beginning January 1, 19B4, and ending December 31, 19B4, as
heretofore submitted to the Board of Trustees by the Circuit Rider City
Manager, and as changed and amended by said Board of Trustees be, and the same
hereby is adopted and approved as the budget for the Town of Firestone for
said fiscal year.
Section 4. That the budget herein approved and adopted shall be signed by
the Mayor and the Town Cl erk and made a part of the public records of the Town
of Firestone.
In the opinion of the Board of Trustees of the Town of Firestone, Weld
County, Co 1 orado, this Ordinance is necessary for the immediate protection and
preservation of the public health, safety, convenience, and general welfare,
and it is enacted for that purpose and shall be in full force and effect after
passage and final publication.
INTRODUCED, READ AND ADOPTED this ji'a#day of dffll'<fL--u, A.D., 1983.
Mayor
ATTEST:
~~ ~.
..__________,,,'
\,
ORDINANCE NO.~
AN ORDINANCE ADOPTING THE BUDGET FOR THE TOliN OF FIRESTONE, COLORADO FOR THE
FISCAL YEAR BEGINNING THE 1st DAY OF JANUARY, 1984, AND ENDING OI~ THE LAST DAY
OF DECEMBER, 1984, ESTIMATHJG 1HE AMOUNT OF MOtJEY NECESSARY TO BE RAISED BY
TAX LEVY BASED ON THE SAID BUDG,.ET SO ADOPTED; ESTIMATING THE AMOUNT OF MONEY
TO BE DERIVED FROM OTHER REVHJUE SOURCES; AND SETTING FORTH THE ESTIMATED
EXPENDITURES FOR EACH FUND. '
·,._ ···. WHEREAS, the Circuit Rider City Manager has been designated to prepare the
annual budget for Firestone, Colorado, for the fi seal year beginning January
1, 1984, and ending Decembe~ 31, 1984, and has prepared said budget and
submitted it to the Board of Trustees; and
WHEREAS, the Board of Trustees held a public hearing on said budget on
December 8, 1983; and
h~EREAS, the Board of Trustees has considered all relevant factors
concerning the budget.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES FOR,T-HE TOWN OF
FIRESTONE, COLORADO: Y. ,
Section 1. That the estimated revenue for the various funds of the Town .,
of Firestone is: ✓,
General Fund
Water Fund
Revenue S9aring Trust Fund
Park Fund'
Special Assessment Fund
Police Pension Fund
Conservation Trust Fund
TOTAL
$),:84,655.00.
I 218,029.oo
10,827.00
I 4,833,00
89,084.00
I 12,729.00
3,400.00
523,557.00
Section 2. That the estimated expenditures for each fund of the Town of
Firestone are as follows:
General Fund
Water Fund
Revenue Sharing Trust Fund
Park Fund
Special Assessment Fund
Police Pension Fund
Conservation Trust Fund
179, <17z ,oo q'
$ 176,552.00
193,327.00
10,827.00
4,833.00
89,084.00
0.00
3,400.00
TOTAL 4Mfoc3-;llEl ..i(
'/80;?•/3, 06
Section 3. That the budget for the TOl-m of Firestone, Colorado, for the
fiscal year beginning January l, 1984, and ending December 31, 1984, as
heretofore submitted to the Board of Trustees by the Circuit Rider City
Manager, and as changed and amended by said Board of Trustees be, and the same
hereby is adopted and approved as the budget for the Tol'ln of Firestone for
said fiscal year.
Section 4. That the budget herein approved and adopted shall be signed by
the Mayor and the Town Clerk and made a part of the pub.lie records of the Town
of Firestone.
In the opinion of the Board of Trustees of the Town of Firestone, Weld
·. County, Colorado, this Ordinance is necessary for the immediate protection and
preservation of the public health, safety, .convenience, and general welfare,
and it is enacted for that purpose and shall be in full force and effect after
passage and final publication. ·
· INTRODUCED, READ AND ADOPTED this ,J'zB'day of j.,{,,r,w/4..u , A.O., 1983.
Mayor
ORDINANCE N0./,9..J'
AN ORDHIANCE APPROPRIATING SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF
THE TOWN OF FIRESTONE, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1,
1984, AND ENDING ON DECEMBER 31, 1984. /
I
WHEREAS, the Board of Trustees of the Town of Fi re stone, Col or ado, has, by
· ordinance made the proper tax levy and mills upon each dollar of th'e total
assessed valuation of all taxable property within the Town, such levy
representing the amount of taxes for the Town's purposes necessary to provide
for payments during the 1984 fiscal year of all properly authorized demands
upon the Treasury; and
WHEREAS, the Board of Trustees of the Tmm of Firestone, Colorado is now
desirous of making appropriations for the ensuing fi seal year of 1984.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section l. The following appropriations are hereby made for the Town of
Fi.restone, Weld County, Colorado, for the fiscal year beginning January 1,
1984, and ending on December 31, 1984:
General Fund
Water Fund
Revenue Sharing Trust Fund
Park Fund
Special Assessment Fund
Police Pension Fund
Conservation Trust Fund
I 7C/ /r' 7:<., 07) ~
$ 176,552.e-e
193,327.00
10,827.00
4,833.00
89,084.00
0.00
3,400.00
TOTAL 478,023.00
'f801 9'/3, a) ~
In the opinion of the Board of Trustees of the Town of Firestone, Weld
county, Colorado, this Ordinance is necessary for the immediate pro tee ti on and
preservation of the public heal th, safety, convenience, and general welfare,
and it is enacted for that purpose and shall be in full force and effect.after
passage and final publication.
INTROOUCED, READ, AND ADOPTED on this £.,a day of dL?nAtf-t<', A.D.,
1983. .
Mayor
ATTEST: •
-Nff.~~..,,,J Town C er V
O~DINANCE NO . ..d_J
tr
AN ORDINANCE APPROPRIATING SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF
THE TOWN OF FIRESTONE, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1,
1984, AND ENDING ON DECEMBER 31, 1984.
WHEREAS, the Board of Trustees of the Town of Firestone, Colorado, has, by
ordinance made the proper tax 1 evy and mil 1 s upon each dcill ar of the total
assessed valuation of all taxable property within the Town, such levy
representing the amount of taxes for the Town's purposes necessary to provide
for payments during the 1984 fiscal year of all properly authorized demands
upon the Treasury; and
WHEREAS, the Board of Trustees of the To~m of Firestone, Colorado is now
desirous of making appropriations for the ensuing fiscal year of 1984.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
-Section 1. The following appropriations are hereby made for the Town of
Firestone, Weld County, Colorado, for the fiscal year beginning January 1,
1984, and ending on December 31 , _1984:
General Fund
.Water Fund
Revenue Sharing Trust Fund
· Park Fund
Special Assessment Fund
Police Pension Fund
Conservation Trust Fund
/ Pf;-'l:?of-;!Jzl ~ .
$ 176,552.00
193,327.00
10,827.00
4,833.00
89,084.00
0.00
3,400.00
TOTAL 418,Q23 OD
-Y'.F.&, 9-'ls."""' r
In the opinion of the Board of Trustees of the Town of Firestone, Weld
county, to 1 orado, this Ordi.nance is necessary for the immediate protection and
preservation of the public health, safety, convenience, and general welfare,
and it is enacted for that purpose and sha 11 be in full force a'hd effect after
passage and final publication.
/
INTRODUCED, READ, AND ADOPTED on this j;7# day of d-,;·&d<' , A.O.,
1983. . ·
Mayor 111 /J ,.., _
~ ,'~ -I J!!-,-rz-
ORDINANCE NO. ,/9"...J'
AN ORDINANCE APPROPRIATING SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF
THE TOWN OF FIRESTONE, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1,
1984, AND ENDING ON DECEMBER 31, 1984. .
WHEREAS, the Board of Trustees of the Town of Firestone, Colorado, has, by
ordinance made the proper tax levy and mills upon each .dollar of the total
assessed valuation of all taxable property within the/Town, such levy
representing the amount of taxes for the Town's purpo.ses necessary to provide
for payments during the 1984 fiscal year of all prop~rly authorized demands
upon the Treasury; and .1
WHEREAS, the Board of Trustees of the Town of Firestone, Colorado is now
desirous of making appropriations for the ensuing fiscal year of 1984.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. The following appropriations are hereby made for the Town of
Firestone, Weld County, Colorado, for the fiscal year beginning January 1,
1984, and ending on December 31, 1984:
General Fund
Water Fund
Revenue Sharing Trust Fund
Park Fund
Special Assessment Fund
Police Pension Fund
Conservation Trust Fund
TOTAL
$ 176,552.00
193,327.00/'
10,827.oo-
4,833.oo
89,084.00
0.00
3,400.00
478,023.00 ·,
In the opinion of the Board of Trustees of the Town of Firestone, Weld
County, Colorado, this Ordinance is necessary for the immediate protection and
preservation of the public health, safety, convenience, and general welfare,
and it is enacted for that purpose and shall be in full force and effect after
passage and final publication. _
INTRODUCED, READ, AND ADOPTED on this~ day;~f•. L~ ; A.D.,
1983. ~
Mayor
ATTEST:
, 4,Lv!!i= Town C er
ORDINANCE NO. }.5l£
AN ORDilJANCE AMENDING CHAPTER XIII, DIVISION II OF PART II
OF THE CODE OF THE TOWN OFF.IRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, WELD COUNTY, COLORADO:
Section 1. Part II of Division II of Chapter XIII of the·
Code of the Town of Firestone is amended by repealing Sections
13-57 (A), 13-63 (A) (B) and 13-74 (D).
Section 2.
of the Town
13-57(A) as
Part II of Division II of Chapter XIII of the Code
of Firestone is amended by re-enacting Section
follows:
(A) The Grantee shall maintain a non-toll telephone line with
its district business office located at Greeley, Colorado so
that subscribers and nonsubscribers to its service and Town
officials may make direct inquiries or complaints regarding
quality of service, equipment malfunctions, billing or similar
matters. Inquiries or complaints shall be received during
normal business hours (8:00 a.m. to 5:00 p.m.) Monday through
Friday, excepting holidays proclaimed by national, state or
governmental authority. Complaints for other than regular
working hours will also be received via the non-toll telephone
line to its business office. Said number shall be published in
the telephone directory and as part of company's promotional
literature delivered to subscribers and potential subscribers.
All complaints and inquiries shall be investigated and responded
to and resolved as promptly as practicable, and unless prevented
by circumstances beyond Grantee's control, within three (3)
days after receipt of same. Grantee shall maintain a record
indicating name, date and time of such complaints received, and
resolved along with nature of complaint or problems. Aforesaid
record shall be available to grantor.inspection upon reasonable
request.
Section 3.
of the Town
13-63(A) (B)
Part II of Division II of Chapter XIII
of Firestone is amended by re-enacting
as follows:
13-63 Letter of Credit/Cash Deposit:
of the Code
Section
A. During the term of this franchise or any extension
thereof, the Town may require the franchise holder to deposit
cash or an irrevocable letter of credit in the minimum amount
of Two-Thousand and 00/l00ths ($2,000.00) Dollars to insure
faithful performance by the company of all provisions of the
franchise and this Ordinance and the payment by the company of
claims, liens or taxes due the Town which arise by reason
of the construction, operation or maintenance.of the system.
B. Failure of the company to make a cash deposit
or deliver an irrevocable letter of credit as set forth in
13-63(A) shall be deemed a violation ofamaterial provision
of this Ordinance and the Town may proceed according to the
provisions of 13-84 or any other provision of this Ordinance
,that may be applicable.
Section 4. Part II of Division II of Chapter XIII of the Code
of the Town of Firestone is amended by re-enacting Section 13-74(D)
as follows:
D. The company shall make available equipment for
color productions for the production of programming involved
in access channeling.
Section 2. All Ordinances, Resolutions, and Motions of the
Board of Trustees of the Town of Firestone or parts thereof,
in conflict with the provisions of this Ordinance, are to the
extent of such conflict hereby superseded and repealed.
Section 3. The Sections of this Ordinance are hereby declared
to be severable, and if any section, provision or part thereof
shall be held unconstitutional or invalid, the remainder of this
Ordinance shall continue in full force and effect, it being the
legislative intent that the Ordinance would have been adopted
even if such unconstitutional or invalid matter had not been
included therein. It is further declared that if any provision
or part of this Ordinance, or the application thereof to any
person or circumstances, is held invalid, the remainder of this
Ordinance and the application thereof to other persons shall not
be effected thereby.
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance is necessary for the
immediate protection and preservation of public health, safety,
convenience, and general welfare, and it is enacted for that
purpose and shall be in full force and effect after passage and
final publication.
Approved, adopted and ordered published by the B<;;a'.rd of Trustees
of the Town of Firestone on this ,d'70 day of -~LmkrV'. ,
1983.
MAYOR:
ATTEST: ~
JJ LA«'d'-11/77<.,.,/
Town Clerk
ORDH1ANCE NO. j__'fZ,£'
AN ORDIUANCE AMENDING CEAPTER XIII, DIVISION II OF PART II
OF THE CODE OF THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF Tl-IE TOWN OF
FIRESTONE, \·/ELD COUNTY, COLORADO:
Section 1. Part II of Division II of Chapter XIII of the
Code of the Town of Firestone is amended by repealing Sections
13-57 (A), 13-63 (A) (B) and 13-74 (D).
Section 2. Part II of Division II of Chapter XIII of the Code
of the Town of Firestone is amended by re-enacting Section
13-57(A) as follows:
(A) The Grantee shall maintain a non-toll telephone line with
its district business office located at Greeley, Colorado so
that subscribers and nonsubscribers to its service and Town
officials may make direct inquiries or col'.lplaints regarding
quality of service, equipment malfunctions, billing or similar
matters. Inquiries or complaints shall be received during
normal business hours (8:00 a.m. to 5:00 p.m.) Monday through
Friday, excepting holidays proclaimed by national, state or
governmental authority. Complaints for other than regular
working hours will also be received via the non-toll telephone
line to its business office. Said number shall be published in
the telephone directory anci as part of company's promotional
literature delivered to subscribers and potential subscribers.
All complaints and inquiries shall be investigated and responded
to and resolved as promptly as practicable, and unless prevented
by circumstances beyond Grantee's control, within three (3)
days after receipt of same. Grantee shall maintain a record
indicating name,· date and time of such complaints received, and
resolved along with nature of complaint or problems. Aforesaid
record shall be available to grantor inspection upon reasonable
request.
Section 3. Part II of Division II of Chapter XIII of the Code
of the Town of Firestone is amended by re-enacting Section
13-63 (A) (B) as follows:
13-63 Letter of Credit/Cash Deposit:
A. During the term of this franchise or any extension
thereof, the Town may require the franchise holder to deposit
cash or an irrevocable letter of credit in the minimum amount
of Two-Thousand and ·00/l00ths ($2,000.00) Dollars to insure '\-
faithful performance by the company of all provisions of the
franchise and this Ordinance and the payment by the company of
claims, liens or taxes due the Town which arise by reason
of the construction, operation or maintenance of the system.
B. Failure of the company to make a cash deposit
or deliver an irrevocable letter of credit as set forth in
13-63'(A) shall be deemed a violation of a material provision
of this Ordinance and the Town may proceed according to the
provisions of 13-84 or any other provision of this Ordinance
that may be applicable.
Section 4. Part II of Division II of Chapter XIII of the Code
of the Town of Firestone is amended by re-enacting Section 13-74(0)
as follows:
D. The company shall make available equipment for
color productions for the production of programming involved
in access channeling.
Section 2. All Ordinances, Resolutions, and Motions of the
Board of Trustees of the Town of Firestone or parts thereof,
in conflict with the provisions of this Ordinance, are to the
extent of such conflict hereby superseded and r~pealed.
Section, 3. The Sections of this Ordinance are hereby declared
to be severable, and if any section, provision or part thereof
shall be held unconstitutional or invalid, the remainder of this
Ordinance shall continue in full force and effect, it being the
legislative intent that the Ordinance would have been adopted
even if such unconstitutional or invalid matter had not been
included therein. It is further declared that if any provision
or part of this Ordinance, or the application thereof to any
person or circumstances, is held invalid, the remainder of this
Ordinance and the application thereof to other persons shall not
be effected thereby.
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance is necessary for the
immediate protection and preservation of public health, safety,
convenience, and general welfare, and it is enacted for that
purpose and shall be in full force and effect after passage and
final publication.
Approved, adopted and ordered published by the Boi;fd of Trustees
of the Town of Firestone on this f# day of ~~-h,., ,
1983.
t,,IAYOR:
ATTEST: ~
4Lc,,, -~
Town Clerk
ORDINANCE NO. j_£_
' AN ORDINANCE OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO,
AMENDING THE FLOOD PLAIN REGULATIONS.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1. Section 10-140(2) (a) of the Code of the Town of Firestone
is hereby repealed and re-enacted as follows:
(a) Residential construction -new construction and
substantial improvement of any residential structure
shall have the lowest floor, including basement,
elevated to at least eighteen (18) inches above base
flood elevation.
Section 2. Section 10-140(2) (b) of the Code of the Town of Firestone
is hereby repealed and re-enacted as follows:
(b) Non-residential construction -new construction
and industrial or other non-residential structures
shall either have the lowest floor, including base-
ment, elevated to at least eighteen (18) inches above
base flood elevation; or together with attendant
utility and sanitary facilities shall:
(1) Be floodproofed so that below the base flood
level the structure is watertight with walls substantially
impermeable to the passage of water;
(2) Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyance;
and
(3) Be certified by a registered professional engineer
or architect that the standards of this subsection are
satisfied. Such certifications shall be provided to the
official as set forth in Section 10-138(6).
Section 3. Section 10-140(2) (c) (2) of the Code of the Town of
Firestone is hereby repealed and re-enacted as follows:
(2) For new mobile home parks and mobile home subdivisions;
for expansions to existing mobile home parks and mobile
home subdivisions; for existing mobile home parks and
mobile home subdivisions where the repair, reconstruction
or improvement of the streets, utilities and pads equals or
exceed 50 percent of value of the streets, utilities and
pads before the repair, reconstruction or improvement has
commenced; for mobile homes not placed in a mobile home park
or mobile home subdivision; and for mobile homes newly
located in a mobile home park or mobile home subdivision,
require that:
(i) Stands or lots are elevated
fill or on pilings so that the lowest
mobile home will be at least eighteen
the base flood level;
on compacted
floor of the
(18) inches above -' . --.
(ii) Adequate surface drainage and access for c1
hauler are provided; and,
(iii) In the instance of elevation on pilings,
that:
-Lots are large enough to permit steps,
-Piling foundations are placed in stable soil
no more than ten (10) feet apart, and
-Reinforcement is provided for pilings more than
six (6) feet above the ground level.
Section 4. All ordinances, resolutions, and motions of the Board
of Trustees of the Town of Firestone, or parts thereof, in conflict
with the provisions of this Ordinance, are to the extent of such
conflict hereby superseded and repealed.
Section 5. The sections of this Ordinance, are hereby declared to
be severable, and if any section, provision, or part thereof shall
be held to be unconstitutional or .invalid, the remainder of this
Ordinance shall continue to be in full force and effect, it petng
the legislative intent that this Ordinance would have been c1dopted
even if such unconstitutional or invalid matter had not peen in~/-
eluded therein. It is further declared that if any provision or part
of this section, or the application thereof to any person or
circumstances is held invalid, the remainder of this Ordinance and
the application thereof to other persons or situations shc1ll not
be effected thereby.
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance is necessary for the illlinediate
protection and preservation of the public health, safety, convenience
and general welfare, and it is enacted for the purpose c1nd shall be
in full force and effect after passage and final publication,
Approved, adopted and ordered published by the Board of Trustees of
the Town of Firestone on the g-z:t day of December, 1983.
Mayor '771~ ~-
ATTEST:
ORDINANCE NO . .i.2le
AN ORDINANCE OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO,
AMENDING THE FLOOD PLAIN REGULATIONS.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1. Section 10-140(2) (a) of the Code of the Town of Firestone
is hereby repealed and re-enacted as follows:
(a) Residential construction -new construction and
substantial improvement of any residential structure
shall have the lowest floor, including basement,
elevated to at least eighteen (18) inches above base
flood elevation.
Section 2. Section 10-140(2) (b) of the Code of the Town of Firestone
is hereby repealed and re~enacted as follows:
(b) Non-residential construction -new construction
and industrial or other non-residential structures
shall either have the lowest floor, including base-
ment, elevated to at least eighteen (18) inches above
base flood elevation; or together with attendant
utility and sanitary facilities shall:
(1) Be floodproofed so that below the base flood
level the structure is watertight with walls substantially
impermeable to the passage of water;
(2) Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyance;
and
(3) Be certified by a registered professional engineer
or architect that the.standards of this subsection are
satisfied. Such certifications shall be provided to the
official as set forth in Section 10-138(6).
Section 3. Section 10-140 (2) (c) (2) of the Code of the Town of
Firestone is hereby repealed and re-enacted as follows:
(2) For new mobile home parks and mobile home subdivisions;
for expansions to existing mobile home parks and mobile
home subdivisions; for existing mobile home parks and
mobile home subdivisions where the repair, reconstruction
or improvement of the streets, utilities .and pads equals or
exceed 50 percent of value of the streets, utilities and
pads oefore the repair, reconstruction or improvement has
commenced; for mobile homes not placed in a mobile home park
or mobile home subdivision; and for mobile homes newly
located in a mobile home park or mobile home subdivision,
require that:
(i) Stands or lots are elevated on compacted
fill or on pilings so that the lowest floor of the
mobile home will be at least eighteen (18) inches above
the base flood level;
(ii) Adequate surface drainage and access for a
hauler are provided; and,
(iii) In the instance of elevation 6n pilings,
that:
-Lots are large enough · .to: permit steps,
-Piling foundations are placed in stable soil
no more than ten (10) feet apart, and
-Reinforcement is provided for pilings more than
six (6) feet above the ground level.
Section 4. All ordinances, resolutions, and motions of the Board
of Trustees of the.Town of Firestone, or parts thereof, in conflict
with the provisions of this Ordinance, are to the extent of such
conflict hereby superseded and repealed.
Section 5. The sections of this Ordinance, .are hereby declared to
be severable, and if any section, provision, or part thereof shall
be held to be unconstitutional or invalid, the remainder of this
Ordinance shall continue to be in full force and effect, it being
the legislative intent that this Ordinance would have been adopted
even if such unconstitutional or invalid matter had not been in-
cluded therein. It is further declared that if any provision or part
of this section, or the application thereof to any person or
circumstances is held-invalid, the remainder of this Ordinance and
the application thereof to other persons or situations shall hot
be effected thereby.
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, C.olorado, this Ordinance is necessary for the immediate
protection and preservation of the public health, safety, convenience
and general welfare, and it is enacted for the purpose and shall be
in full force and effect after passage and. final publication.
Approved, adopted and ordered published by the Board of Trustees of
the Town of Firestone on the 5(# day of December, 1983.
ATTEST:
ORDINANCE NO. Jt/1
AN ORDINANCE REPEALING ORDINANCE NO. 194 AND ENACTING AN ORDINANCE
LEVYING TAXES FBR THE YEAR 1984, TO DEFRAY THE COSTS OF MUNICIPAL
GOVERNMENT OF FIRESTONE, COLORADO, FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 1984 AND ENDING DECEMBER 31, 1984.
WHEREAS, the Board of Trustees of the Town of Firestone has
adopted a budget for the fiscal year beginning January 1, 1984, and
ending December 31, 1984; and
WHEREAS, thi Board of Trustees has determined that the proper
mill levy upon each dollar of the assessed valuation of all taxable
property within the Town is 20.303 mills.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Ordinance No. 194 is hereby repealed in its entirety.
Section 2. That for the purposes of defraying the expenses of
the General Fund of Firestone, ~olorado, during the fiscal year be~
ginning January 1, 1984, and ending on December 31, 1984, thete is
hereby levied a tax of 8.701 mills upon each dollar of the total
assessed valuation of all taxable property within the Town of Firestone
for the year 1984.
Section 3. That for the purpose of defraying the expense of pay-
ing the interest upon and principal of outstanding bonds of the Town
~£ Firestone coming due in the fiscal year beginning January 1,. 1984,
and ending December 31, 1984, there is hereby levied a tax of 11. 602.
mills upon each dollar of the total assessed valuation of all taxable
property within the Town of Firestone for the year 1984.
Section 4. That the Town Clerk is hereby authorized and direct-
ed to immediately certify to the County Commissioners of Weld County,
Colorado, the total tax levy for the Town of Firestone, Colorado, as
is herein set forth.
In the 6pinion of the Board of Trustees of the Town oi Firestone,
Weld County, Colorado, this Ordi~ance is necessary for the immediate
protection and preservation of the public he~lth, safety, convenience,
and general welfare, and it is enacted for that puropse and shall be
in full force and effect after.passage and final publication.
INTRODUCED, READ, AND ADOPTED on this...,Z_i'.
0
4Say of December, 1983.
---~--17~~-Mayor ~
ATTEST:
=-./4r< 4 .. &/~->
,Clerk
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO. 194 AND ENACTING AN ORDINANCE
LEVYING TAXES FOR THE YEAR 1984, TO DEFRAY THE COSTS OF MUNICIPAL
GOVERNMENT OF FIRESTONE, COLORADO, FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 1984 AND ENDING DECEMBER 31, 1984.
WHEREAS, the Board of Trustees of the Town of Firestone has
adopted a budget for the fiscal year beginning January 1, 1984, and
ending December 31, 1984; and
WHEREAS, the Board of Trustees has determined that the proper
mill levy upon each d6llar of the assessed valuation of all taxabl~
property within the Town is 20.303 mills.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Ordinance No. 194 is hereby repealed in its entirety.
Section 2. That for the purposes of defraying the expenses of
the General Fund of Firestone, tolorado, during the fiscal year be-
ginning January 1, 1984, and ending on December 31, 1984, there is
hereby levied a tax of 8.701 mills upon each dollar of the total
assessed valuation of all taxable property within the Town of Firestone
for the year 1984.
Section 3. That for the purpose of defraying the expense of pay-
ing the interest upon and principal of outstanding bonds of the Town
of Firestone coming due in the fiscal year beginning January 1, 1984,
and ending December 31, 1984, there is hereby levied a tax of 11.602.
mills upon each dollar of the total assessed valuation of all taxable
property within the Town of Firestone for the year 1984.
Section 4. That the Town Clerk is hereby authorized and direct-
ed to immediately certify to the Cbunty Commissioners of Weld County,
Colorado, the total tax levy for the Town of Firestone, Colorado, as
is herein set forth.
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Col6rado, .this Ordi~ance is necessary for the immediate
protection and pre~ervation of the p~blic health, safety, convenience,
and general welfare, and it'is enacted for that puropse and shall be
in full force and .effect after passage and final publication.
INTRODUCED, READ, AND ADOPTED on this __ day of December, 1983.
---~e ~,""'-,., -Mayor ~
ATTEST:
~/~4///~/ ri""'d?.'-"""v~--
Clerk
.
ORDINANCE NO. lft_L .
AN ORDINANCE AMENDING THE AMOUNT OF COMPENSATION FOR
TRUSTEES AND MAYOR.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, WELD COUNTY, COLORADO:
Section 1. Section 1-40 and Section 1-41 of the Code of the
Town of Firestone are hereby repealed.
Section 2. Section 1-40 of the Code of the Town of Firestone
is re-enacted as follows:
Section 1-40 Compensation -Mayor and Trustees.
A. Compensation -Mayor. The Mayor of the Town of
Firestone shall be compensated at the rate of Seventy-
five ($75.00) Dollars per month commencing in the month
of April, 1984. Prior to April, 1984, the Mayor shall
be compensateu at the rate of Twenty-Five ($25.00)
Dollars per month.
B. Compensation -Trustees. Each Trustee elected or
appointed to office in April, 1984 or thereafter shall
be compensated at the rate of Fifty ($50.00) Dollars
per month. Trustees holding office prior to April,
1984 and not subject to re-election at that time shall
be compensated at the rate of Fifteen ($15.00) Dollars
per month for the remainder of his or her term.
C. Restrictions on-Re-appointment or Re-election.
Any trustee or mayor who has resigned or vacated an
office prior to the end of his or her elective or appoint-
ive term shall not be eligible for re-election or re-
appointment to such office during such term if during such
term the _compensation has been increased.
D. Other Compensation. The Mayor and Trustees may be
reimbursed for expenses incurred in the performance of
Town business, provided such expenses are itemized and
approved by the Board of Trustees.
Section 3. All Ordinances, Resolutions, and Motions of the Board
of Trustees of the Town of Firestone or parts thereof, in conflict
with the provisions of this Ordinance, are to the extent of such
conflict hereby superseded and repealed.
·~·· .~ .... "'"''f11V!~r••e!1v,~~-'("L~Fffl>:~~~~~~~I
I • <
I .. • I
• I 1
Section 4. The Sections of this Ordinance are hereby declared
to be severable, and if any section, provision, or part thereof
shall be held unconstitutional or invalid, the remainder of this
Ordinance shall continue in full force and effect, it being the
legislative intent that this Ordinance would have been adopted
even if such unconstitutional or invalid matter had not been
included therein. It is further declared that if any provision
or part of this Ordinance, or the application thereor to any
person or circumstances, is held invalid, the remainder of this
Ordinance and the application thereof to other persons shal:L not
be effected thereby.
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance is necessary for the
immediate protection and preservation of public health, safety,
convenience, and general welfare, and it is enacted for that
purpose and shall be in full force and effect after passage and
final publication.
Approved, adopted and
the Town of Firestone
ATTEST:
order published by the Board of Trustees of
on this /~ day of(dt:uuMLr, 1983. U--. l9fV
MAYOR:
~~~~ Town Clerk
ORDINANCE NO.
AN ORDINANCE AMENDING THE AMOUNT OF COMPENSATION FOR
TRUSTEES AND MAYOR.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, WELD COUNTY, COLORADO:
Section 1. Section 1-40 and Section 1-41 of the Code of the
Town of Firestone are hereby repealed.
Section 2. Section 1-40 of the Code of the Town of Firestone
is re-enacted as follows:
.Section 1-40 Compensation -Mayor and Trustees.
A. Compensation -Mayor. The Mayor of the Town of
Firestone shall be compensated at.the rate of Seventy-
five ($75.00) Dollars per month commencing in the month
of April, 1984. Prior to April, 1984, the Mayor shall
be compensated at the rate of Twenty-Five ($25:1 00)
Dollars per month. ·
B. Compensation -Trustees. Each Trustee elected or
appointed to office in April, 1984 or thereafter shall
be compensated at the rate of Fifty ($50.00) Dollars
per month. Trustees holding office prior to April,
1984. and not subject to re-election at that"time shall
be compensated at the rate of Fifteen ($15.00) Dollars
per month for the remainder of his or her term.
C. Restrictions on Re-appointment or Re-election.
Any trustee or mayor who has resigned or vacated an
office prior to the end of his or her elective or appoint-
ive term. shall riot .. be. eligible for•.re-electi6n ·or re-
appointment to such office during such term if during such
term the compensation has been increased.
D. Other Compensation. The Mayor and Trustees may be
reimbursed for expenses incurred in the performance of
Town business, provided such expens.es are itemized and
approved by the Board of Trustees.
Section 3. All Ordinances, Resolutions, and Motions of the Board
of Trustees of the Town. of Firestone or parts thereof, in conflict
with the provisions of this Ordinance, are to the extent of such
conflict hereby superseded and repealed.
•
(
Section 4. The Sections of this Ordinance are hereby declared
to be severable, .and if any section, provision, or part thereof
shall be held unconstitutional or invalid, the remainder of this
Ordinance shall continue in full force and effect, it being the
legislative intent that this Ordinance would have been adopted
even if such unconstitutional or invalid matter had not been
included therein. It is further declared that if any provision
or part of this Ordinance, or the application thereof to any
person or circumstances, is held invalid, the remainder of this
Ordinance and the application thereof to other persons shall not
be effected thereby.
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance is necessary for the
immediate protection and p;reservation of public heal th, safety,
convenience, and general welfare, and it is enacted for that
purpose and shall be in full force and effect after passage and
final publication.
Approved, adopted and
the Town of Firesbone
ATTEST:
order published by the Board of Trustees of
on this /8-day of gru<vtflt , 1983, LJ P
l"lcP<f r4
MAYOR:
~L/4v/L~ Town Clerk ·
ORDINANCE NO. ff/f/
AN ORDINANCE OF THE TOWN OF FIRESTONE, COLORADO, ADOPTING BY
REFERENCE THE WELD COUNTY BUILDING CODE, AS AMENDED, AND WHICH
CODE ADOPTS BY REFERENCE THEREIN AS SECONDARY CODES, THE UNIFORM
BUILDING CODE, 1982 EDITION, INCLUDING THE UNIFORM BUILDING CODE
APPENDIX, 1982 EDITION, AND THE UNIFORM BUILDING CODE STANDARDS,
1982 EDITION, PROMULGATED BY THE INTERNATIONAL CONFERENCE OF
BUILDING OFFICIALS; AND THE UNIFORM MECHANICAL CODE AND
APPENDICES A, B, AND C, 1982 EDITION, PROMULGAED BY THE
INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; AND THE NATIONAL
ELECTRICAL CODE, 1981 EDITION, PROMULGATED BY THE NATIONAL FIRE
PROTECTION ASSOCIATION; AND THE UNIFORM PLUMBING CODE AND
APPENDICES A, B, C, D, E, AND HAND THE INTERNATIONAL ASSOCIATION
OF PLUMBING AND MECHANICAL STANDARDS, 1982 EDITION, PROMULGATED
BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL
OFFICIALS; THE UNIFORM CODE FOR TH_E ABATEMENT OF DANGEROUS
BUILDINGS, 1982 EDITION, PROMULGATED BY THE INTERNATIONAL
CONFERENCE OF THE BUILDING OFFICIALS AND THE UNIFORM SWIMMING
POOL CODE, 1982 EDITION, PROMULGATED BY THE INTERNATIONAL
ASSOCIATION OF PLUMBING ·AND MECHANICAL OFFICIALS; PROVIDING
PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THESE CODES AND
THIS ORDINANCE; SETTING FORTH AMENDMENTS TO THE PUBLISHED CODES,
IF 'ANY; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES; PROVIDING
FOR THE MAINTENANCE OF OFFICIAL COPIES OF SUCH CODES; PROVIDING
FOR THE SALE OF COPIES OF SUCH CODES; PROVIDING FOR THE EFECTIVE
DATE OF THIS ORDINANCE AND THE CODES ADOPTED BY REFERENCE HEREIN.
WHEREAS, the Board of Trustees of the Town of Firestone,
Colorado, has determined that it is necessary and expedient that
the above referenced Codes be adopted for the health, safety and
welfare of the citizens and residents of the Town of Firestone,
Colorado, and
WHEREAS, the Statutes of the State of Colorado provide for
the adoption of such Codes by reference, therefore:
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. PART I. BUILDING CODE, Chapter 3 of the Code
of the Town of Firestone is repealed and re-enacted as follows:
PART I UNIFORM CODES
Section 3-1. Code Adopted. The Weld County Building Code,
as amended to November 22, 1983, by the Weld County Commission-
ers, Weld County, Colorado, is hereby adopted and enacted by
reference. The purpose of said Code is to preserve and protect
the public health, safety and general welfare and the safety,
protection and sanitation of dwellings, buildings and structures
in the Town of Firestone.
1
Section 3-2. Secondary Codes. The following secondary
codes as adopted by reference in The Weld Count'y Building Code
are hereby adopted and enacted by reference:
a.) Uniform Building Code. The publications of the
International Conference of Building Officials
known as the Uniform Building Code, including the
Uniform Building Code Appendix (EXCEPT FOR CHAPTERS
'1, 12, AND 53 OF THE APPENDIX AND SECTION 1110 OF
CHAPTER 11 OF THE APPENDIX), 1982 Edition and the
Uniform Building Code Standards, 1982 Edition, are
incorporated by this reference as a part of thii
Building Code for the purpose of establishing
standards for the construction and inspection of
dwellings, buildings and structures and the
issuance of building permits in the Town of
Firestone, Colorado, as hereinafter amended.
b.) Uniform Mechanical Code. The publication, including
Appendices A, B, and C, of the International Con-
ference of Building Officials known as the Uniform
Mechanical Code, 1982 Edition, is incorporated by
this reference as a part of this Building Code for
the purpose of providing for the inspection of
heating, ventilating, cooling, and refrigeration
equipment and the issuance of mechanical permits in
the Town of Firestone, Colorado, as hereinafter
amended.
c.) The National Electrical Code, 1981 Edition, pro-
mulgated by the National Fire Protection Associa-
tion, 470 Atlantic Avenue, Boston, Massachusetts
02210. The purpose of said Code is to protect and
safeguard the health and safety of the residents of
the Town of Firestone from the hazards arising from
the use of electricity and provides for establish-
ing standards for the inspection of electrical
installation in public and private structures,
including mobile homes, and other premises such as
yards, lots and industrial substations.
d.) The Uniform Plumbing Code, 1982 Edition, including
Appendices A, B, C, D, E, and H, and International
Association of Plumbing and Mechanical Officials
Installation Standards, as promulgated by the
Internationl Association of Plumbing and Mechanical
Officials, 5032 Alhambra Avenue, Los Angeles,
California 90032. The purpose of said Code is to
protect the health and sanitation of the residents
of the Town of Firestone by providing minimum
standards for the erection, installation, altera-
tion, addition, repair, relocation, replacement,
maintenance or use of any plumbing system, as
hereinafter amended.
2
e.) The Uniform Code for the Abatement of Dangerous
Buildings, 1982 Edition, as promulgated by the
International Conference of Building Officials,
5360 South Workman Mill Road, Whittier, California
90601. The purpose of said Code is to protect the
residents of the Town of Firestone from unsafe
buildings or structures which could endanger the
life, limb, health, morals, property, safety or
welfare of such residents. The Code sets standards
for the repair, demolition, and vacation of such
unsafe buildings or structures, as hereinafter
amended.
f.) The Uniform Swimming Pool Code, 1982 Edition, as
promulgated by the International Association of
Plumbing and Mechanical Officials, 5032 Alhambra
Avenue, Los Angeles, California 90032. The purpose
of the Code is to establish standards for the
inspection of swimming pool plumbing systems and
the issuance of plumbing and mechanical permits for
the protection of the health and safety of the
citizens of the Town of Firestone.
Section 3-2.1. Amendments. The Weld County Building Code,
November 22, 1983 Edition, and the secondary codes adopted
therein by reference as described and adopted in Sections 3-1 and
3-2 of this Code are hereby amended as follows:
a.) The Weld County Building Code is amended by
substituting the words "The Town of Firestone" in
lieu of the words "Weld County" or "County of Weld"
wherever said words may appear in The Weld County
Building Code.
b.) .The Weld County Building Code is amended by
substituting the words "Board of Trustees of the
Town of Firestone" in lieu of the words "Board of
County Commissioners" wherever said words may
appear in The Weld County Building Code.
c.) Paragraph 10.3 of The Weld County Building Code is
amended to read as follows:
10.3 Scope. This Code provides for the regulation
of the construction, alteration, use and occupancy
of dwellings, buildings and structures, together·
with plumbing, mechanical and electrical installa-
tions therein or in connection therewith, located
in the incorporated areas of the Town of Firestone,
Weld County, Colorado. Additions, alterations,
repairs and changes of use or occupancy in all
buildings and structures shall comply with the
provisions for new buildings and structures shall
comply with the provisions for new buildings and
3
structures except as otherwise provided in this
Code.
d.) Paragraph 10.4 of The Weld County Building Code is
amended to read as follows:
10.4 Authority. This Code is adopted and adminis-
.tered under authority granted by Sections
31-16-201, et seq, and 31-15-601, et seq., CRS
1973.
e.) Paragraph 11.1 of The Weld County Building Code is
amended to read as follows:
f. )
g. )
h. )
i.)
11.1 Building Official. The terms "Building
dfficial" and "Department of Planning Services"
shall be defined as the "Firestone Board of
Trustees" or its authorized representative.
Paragraph 30.1. 3 of The Weld County Building Code
is hereby repealed.
Paragraph 30.1.4 of The Weld County Building Code
is hereby repealed.
Paragraph 30.1.12 of The Weld County Building Code
is hereby repealed.
Paragraph 91 (including 91.1 through 91.7) of The
Weld County Building Code is hereby repealed and
re-enacted as follows:
91 Board of Appeals. In order to determine the
suitability of alternate materials and methods of
construction and to provide for reasonable inter-
pretation of the provisions of the Building Code,
there is hereby created an appeal procedure whereby
the Board of Trustees of the Town of Firestone
shall make all final decisions concerning the
suitability of alternate methods of construction,
of alternate materials .and make final interpre-
tations as to the Building Code.
j.) Section 93.1 of The Weld County Building Code is
hereby repealed and re-enacted as follows:
93.1 Violation. Any person, firm or corporation
violating this Building Code or any provision of
applicable state law, is guilty of a violation of
this Ordinance and, upon conviction thereof, shall
be punished by a fine of not more than THREE
HUNDRED AND NO/100 ($300.00) DOLLARS, or by impri-
sonment for not more than NINETY (90) days, or by
both such fine and imprisonment. Each day during
4
which such illegal erection, construction, recon-
struction, alteration, maintenance of use
continues, shall be deemed a separate offense. In
case any building or structure is or is proposed to
be erected, constructed, reconstructed, altered,
remodeled, used or maintained in violation of this
Building Code, or of any provisions of applicable
state law, the Town Attorney of the Town of Fire-
stone, Weld County, Colorado, or any owner of real
estate within the area, in addition to other
remedies provided by law, may institute an
appropriate action for injunction, mandamus or
abatement to prevent, enjoin, abate or remove such
unlawful erection, construction, reconstruction,
alteration, remodeling or use.
k.) The Uniform Building Code, 1982 Edition, is hereby
amended as follows:
1) The last sentence of the third paragraph of
Section 1204 of said Code concerning exit faci-
lities is amended to read: "Where windows are
provided as a means of escape or rescue, they shall
have a finished sill height not more than
forty-eight (48) inches above the floor."
2) The first sentence of the second paragraph of
Section 1214 of said code concerning windows
between a carport and a dwelling is amended to
read: Windows between the carport and dwelling may
be openable."
1.) The Uniform Mechanical Code, 1982 Edition,
including Appendix Bis hereby amended as follows:
1) The first paragraph of Section 1005 of the
Uniform Mechanical Code, 1982 Edition, is amended
to read as follows: "Every supply and return air
duct and plenum of a heating or cooling system
shall be insulated with not less than the amount of
insulation set forth in Table #10-D except for
ducts and plenums used exclusively for evaporative
cooling systems and except for heating system ducts
and crawl spaces with a furnace installed in the
same crawl space. Heating system ducts in a crawl
space without a furnace shall be insulated with the
equivalent of R-4 insulation.
2) Section 504, paragraph 4, concerning liquified
petroleum gas appliances is deleted.
3) Appendix B, Section 2215, concerning liquified
petroleum gas facilities and piping paragraphs 5
and 6 are amended to read:
5
#5. Liquified petroleum gas facilities shall
not be located in any pit, under show windows or
interior stairways, in engine, boiler, heater or
electric meter rooms. When not prohibited by
another regulation, liquified petroleum gas meter-
ing devices may be located in the open under
exterior stairways.
#6. Liquified petroleum gas piping shall not
serve appliances located in a pit where heavier-
than-air gas might collect to form a flammable
mixture.
4) Appendix B, Section 2215 is further amended by
the addition of a subparagraph 10 to read: Liqui-
fied petroleum gas facilities may be used in crawl
spaces upon approval by the Director of Building
Inspection if appropriate sensors are installed or
if the topography surrounding the structure allows
for a natural drainage of the gas away from the
structure.
m.) The Uniform Plumbing Code, 1982 Edition, is hereby
a~ended as follows:
1) Section 409 (a.) of said code concerning
drainage below curb and main sewer level is amended
to read: "Drainage piping serving fixtures which
have flood level rims located below the elevation
of the next upstream manhole cover of the public
sewer serving such drainage piping may be protected
from backflow of sewage by installing an approved
type backwater valve."
2) Section 904 (b.) of said Code relating to
connections is amended to read: "Fixtures having
concealed slip-joint connections shall be provided
with an access panel or utility space at least
twelve (12) inches (.3m) in its least dimension and
so arranged without obstructions as to make such
connections readily accessible for inspection and
repair. Provided, however, that concealed fixture
connections of drawn brass tubing not less than 178
& S gauge (. 045") ( 1. 1mm) or made of ABS or PVC and
made without slip joints need not be provided with
access panels.
3) Section 1215 of said Code concerning liquified
petroleum gas facilities in piping subsections (e.)
and (f.) are amended to read as follows: "(e.)
Liquified petroleum gas facilities shall not be
located in any crawlspace, pit, under show windows
or interior stairways, in engine boiler, heater, or
6
electrical meter rooms. When not prohibited by
another regulation, approv~d liquified petroleum
gas metering devices may be located in the open,
under exterior stairways." "(f,) Liquified
petroleum gas piping shall not serve any gas water
heater located in a pit or crawl space where
heavier-than-air gas might collect to form a
flammable mixture.
4) Section 1215 of said Code is further amended
by the addition of a subsection (j) to read:
"Liquified petroleum gas facilities may be used in
crawl spaces upon approval by the Director of
Building Inspection if appropriate sensors are
installed or if the topography surrounding the
structure allows for a natural drainage of the gas
away from the structure."
n.) The Uniform Code for the Abatement of Dangerous
Buildings, 1982 Edition, is hereby amended as
follows:
1) Section 205 is deleted.
2) Section 301 -Delete reference to "Housing
Code".
3) Section 501(a)(l) -Should be amended to read
as follows: A heading in the words "Before the
Code Board of Appeals in and for the County of
Weld, State of Colorado",
4) Section 601(a) should be deleted. Under (c),
the word "phonographic" should be changed to
"stenographic" and the last sentence should say,
"Such fees shall be as previously established by
the Board of County Commissioners, but shall, in no
event, be greater than the cost involved."
5) Section 602 -The notice requirement shall
read: "You are hereby notified that a hearing will
be held before the Weld County Code Board of
Appeals at---~~--on the ___ day of
, 19 , at the hour of .m.,
_u_p_o_n __ t_h_e_n_o_t_1-·c-e-and order served upon you-.-You may
be present at the hearing. You may be, but need
not be, represented by counsel. You may present
any relevant evidence and will be given full
opportunity to cross-examine all witnesses testi-
fying against you."
6) Delete Section 603.
7) Delete Section 605(b), (c), (d), (el, (f).
7
8) Section 701(a)(3) shall read: "The Board of
County Commissioners, upon the request of the
Building Official may, in addition to any other
remedy herein ~rovided ••• "
9) Section 801(a) is amended to read as follows:
"Procedure. When any work of a repair or
demolition is to be done pursuant to Section
701(c)(3) of this Code, the Board of County Commis-
sioners shall issue an order directing the work to
be accomplished by personnel of Weld County or by a
private contract under the direction of a
designated employee of the County. The plans and
specifications therefor may be prepared by said
employee, or he may employ such architectural and
engineering assistance on a contractual basis as he
may deem reasonably necessary. If any part of the
work is to be accomplished by private contract,
standard Weld County contractural procedures shall
be followed."
10) Delete Section 802.
11) Section 901 -"Director of Public Work" shall
be substituted for by "designated employee".
12) Section 904 -Report of the director shall
also be report of "designated employee".
13) Procedures for the recovery of costs of repair
of demolition under Chapter 9 of the Uniform Code
for Abatement of Dangerous Buildings may be
exercised only to the extent otherwise authorized
by State law.
Section 2. All Ordinances, Resolutions, and Motions of
the Board of Trustees of the Town of Firestone or parts thereof,
in conflict with the provisions of this Ordinance, are to the
extent of such conflict hereby superseded and repealed.
Section 3. The Sections of this Ordinance are hereby
declared to be severable, and if any section, provision, or part
thereof shall be held unconstitutional or invalid, the remainder
of this Ordinance shall continue in full force and effect, it
being the legislative intent that this Ordinance would have been
adopted even if such unconstitutional or invalid matter had not
been included therein. It is further declared that if any
provision or part of this Ordinance, or the application thereof
to any person or circumstances, is held invalid, the remainder of
this Ordinance and the application thereof to other persons shall
not be effected thereby.
8
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, ths Ordinance is necessary for the
immediate protection and preservation of public health, safety,
convenience, and general welfare, and it is enacted for that
purpose and shall be in full force and effect after passage and
final publication.
Approved, adopted and ordered publi~ed by the:far9J:f Trustees
of the Town of Firestone on this day of ':/~e~~ ,
1984.
MAYOR:
Ga,1.Q D ~
ATTEST:
~z~ Town Clerk
9
ORDINANCE NO. o4?d
AN ORDINANCE PERTAINING TO TERMS OF OFFICE FOR THE MAYOR AND
TRUSTEES.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO.
Section 1. Section 1-39 of the Code of the Town of Firestone is
hereby repealed and re-enacted as follows:
1-39 Vacancies.
The Board of Trustees has the power, by appointment, to
fill all vacancies on the Board or any other office, and the person
so appointed shall hold his office until the next regular election
and until his successor is elected and has complied with all state
laws applicable to the office. The Board also has the power to
fill a vacancy in the Board or in any other electiv~ office of the
town by ordering an election to fill the vacancy until the next
regular election and until a successor has been elected and has
complied with all state law applicable to the office. If a vacancy
in the Board or in such other elective office is not filled by
appointment or an election is not ordered within thirty days after
the vacancy occurs, the Board shall order 1an election, subject to
the Municipal Election Code, to be held as soon as practicable to
fill the vacancy until the next regular election and until a
successor has been elected and has complied with all state law
applicable to the office. At its first meeting, the Board shall
choose one of the trustees as mayor pro tern who, in the absence of
the mayor from any meeting of said Board or during the mayor's
absence from the town or his inability to act, shall perform the
mayor's duties. The Board also has the power to elect a clerk pro
tern to perform the duties of the clerk during his absence or inability
to act.
Section 2. Repeal of Conflicting Provisions. All Ordinances, reso-
lutions and motions of the Board of Trustees of the Town of Firestone
or parts thereof in conflict with the provisions of this Ordinance,
are to the extent of such conflict hereby superseded and repealed.
Section 3. Severability. The sections of this Ordinance are hereby
declared to be severable, and if any section, provision or part
thereof shall be held unconstitutional or invalid, the remainder of
this Ordinance shall continue in full force and effect, it being the
legislative intent that this Ordinance would have been adopted even if
such unconstitutional or invalid matter had not been included therein.
It is further declared that if any provision or part thereof of this
Ordinance, or the application thereof to any person or circumstances,
is held invalid, the remainder of this Ordinance and the application
thereof to the other persons shall not be affected thereby.
Iri the opinion of the Board of Trustees of the Town of Firestone,
W~ld County, Colorado, this Ordi~ance is necessary for the
'immediate protection and preservation of the public health, safety,
,convenience, and general welfare, a·na it is enacted for that pur-
'.p6se aryd shall be in full force and effect after passage and final
publication.
Approved, adopted and ordered published by the
of the Town of Firestone on this JI;!/, day of
ATTEST:
Board of Trustees
'?"7?,,-z,t,e,/; -, 19 8 4 •
•
ORDINANCE NO.dd°'&'
AN ORDINANCE PERTAINING TO TERMS OF OFFICE FOR THE MAYOR AND
TRUSTEES.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO.
Section 1. Section 1-39 of the Code of the Town of Firestone is
hereby repealed and re-enacted as follows:
1-39 Vacancies.
The Board of Trustees has the power, by appointment, to
fill all vacancies on the Board or any other office, and the person
so appointed shall hold his office until the next regular election
and until his successor is elected and has complied with all state
laws applicable to the office. The Board also has the power to
fill a vacancy in the Board or in any other elective office of the
town by ordering an election to fill the vacancy until the next
regular election and until a successor has been elected and has
complied with all state law applicable to the office. If a vacancy
in the Board or in such other elective office is not filled by
appointment or an election is not ordered within thirty days after
the vacancy occurs, the Board shall order an election, subject to
the Municipal Election Code, to be held as soon as practicable to
fill the vacancy until the next regular election and until a
successor has been elected and has complied with all state law
applicable to the office. At its first meeting, the Board shall
choose one of the trustees as mayor pro tern who, in the absence of
the mayor from any meeting of said Board or during the mayor's
absence from the town or his inability to act, shall perform the
mayor's duties. The Board also has the power to elect a clerk pro
tern to perform the duties of the clerk during his absence or inability
to act.
Section 2. Repeal of Conflicting Provisions. All Ordinances, reso-
lutions and motions of the Board of Trustees of the Town of Firestone
or parts thereof in conflict with the provisions of this Ordinance,
are to the extent of such conflict hereby superseded and repealed.
Section 3. Severability. The sections of this Ordinance are hereby
declared to be severable, and if any section, provision or part
thereof shall be held unconstitutional or invalid, the remainder of
this Ordinance shall continue in full force and effect, it being the
legislative intent that this Ordinance would have been adopted even if
such unconstitutional or invalid matter had not been included therein.
It is further declared that if any provision or part thereof of this
Ordinance, or the application thereof to any person or circumstances,
is held invalid, the remainder of this Ordinance and the application
thereof to the other persons shall not be affected thereby.
• I
' •
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance is necessary for the
immediate protection and preservation of the public health, safety,
convenience, and general welfare, and it is enacted for that pur-
pose and shall be in full force and effect after passage and final
publication.
Approved, adopted and ordered published by the Board of Trustees
of the Town of Firestone on this f# day of ~ , 19 84.
~P0 Mayor~
ATTEST:
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ORDINANCE NO. ;:). 0 /
AN ORDINANCE PERTAINING TO A LEASEHOLD -PURCHASE OF CERTAIN
COMPUTER HARDWARE AND SOFTWARE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, WELD COUNTY, COLORADO.
Section l. An Intergovernmental Agreement is approved be-
tween the Town of Firestone and the Larimer-Weld Council of
Governments whereby the Council of Governments would place
the following property and related services with the Town:
A. One IBM.XT computer.
B. One dot-matrix printer (EPSON).
C. Twenty-five (25). floppy disks.
D. Utility billing software.
E. Accounting software.
F. Training in use of hardware and software.
G. Consultation in use and error correction.
Section 2. The Town's obligations would be to:
A. Pay approximately $276.00 for the printer.
B. Participate in a self insurance pool for maintenance
at the rate of $500.00 per year for two years, with
arrangements to be made relative to maintenance for
subsequent years.
C. Insure the equipment against theft.
D. Cooperate in the implementation of the uti·lity and
accounting programs and report errors according to
established procedures.
E. Enter into a licensing agreement with Hytex
Solutions and the State of Colorado for the soft-
ware use.
F. Maintain manual backup records for at. ,least three
(3) months for the accounting and two (2) months for
the utility packages.
G. Maintain backup files as recommended by Hytek.
Section 3. The Agreement would cover a three · (·3·Y year period
and if all terms, promises and conditions are completed, the
hardware and software shall become the property of the Town.
Section 4. Repeal of Conflicting Provisions. All Ordinances,
resolutions and motions of the Board of Trustees of the Town
of Firestone or parts thereof in conflict with the provisions
of this Ordinance, are to the extent of such conflict hereby
superseded and repealed.
Section 5. Severability. The sections of this Ordinance are
hereby declared to be severable, and if any section, pro-
vision or part thereof shall be held unconstitutional or invalid,
the remainder of this Ordinance shall continue in full force
and effect, it being the legislative intent that this Ordinance
would have been adopted even if such unconstitutional or in-
valid matter had not been included therein. It is further
declared that if any provision or part thereof of this
Ordinance, or the application thereof to any person or circum-
stances, is held invalid, the remainder of this Ordinance and
the application thereof to.the other persons shall not be
affected thereby.
Approved, adopted and ordered published by the Board of
Trustees of the Town of Firestone on this /? day of ~ , 1984.
TOWN OF FIRESTONE:
ATTEST:
Town Clerk
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•~RD INANCE NO , _ _."J,..'°-"0"--'""2--'---
AN ORD i.NANCE GRANTING A FRANCHISE BY THE
TOWN er FIRESTONE, COLORADO TO THE ROCKY
MOUNTAIN NATURAL GAS COMPANY, INCORPORATED,
A COLGI'ADO CORPORATION, ITS SUCCESSORS AND
ASSIG!lS, TO LOCATE, BUILD, CONSTRUCT,
ACQUIFE, PURCHASE, EXTEND, MAINTAIN AND
OPERA-., INTO, WITHIN AND. THROUGH THE
TOWN O? FIRESTONE, WELD COUNTY, COLORADO,
A PLAiJ'J' OR PLANTS, AND WORKS FOR THE
PURCHf.•>E, MANUFACTURE, TRANSMISSION AND
DISTRI3UTION OF GAS, EITHER NATURAL,
ARTIFl~IAL, OR M~XED, AND TO FURNISH, SELL,
AND DISTRIBUTE SAID GAS TO THE TOWN OF
FIRESTONE AND THE INHABITANTS THEREOF, FOR
HEATI!l'~, COOKING OR OTHER PURPOSES BY MEANS
OF PIPES, MAINS, OR OTHERWISE, OVER, UNQER,
ALONG, ACROSS AND THROUGH ANY AND ALL STREETS,
OTHER PUBLIC WAYS AND PLACES IN SAID TOWN
OF FIRESTONE, AND FIXING THE TERMS AND CONDITIONS
THEREOF,
BE IT ORDAINED BY THE BOARD OF TRUSTEES AND PEOPLE OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. Short Title. This Ordinance shall be
known and may be cited as the "Rocky Mountain Natural Gas Company
Franchise Ordinance.''
Section 2. Definitions. For the purpose of this
Ordinance, the following terms shall have the meaning given
herein:
"Town" is the Town of .Firestone, Weld County, Colorado,
the granter of rig~ts under this franchise:
"Company" is the RoCky Mountain Natural Gas Company, Inc.
the grantee of· rj '3hts under this franchise.
"Board'' is the Board of rrustees of the Town of Firestone,
Colorado.
''Person'' is any pers6n; firm, partnership, association,
corporation, company_or or.ganizati'oi:i of any kind.
Section 3 .. Grant of .Authority. There is hereby
granted to the Company tne right, privilege and authority to
locate, build, construct, accjuire, purchase, extend, maintain
and operate into, within and through said ·Town a plant or
plants and works, for. the purchase, manufacture, transmission
and distribution of gas, either na'.:ural, artificial o·r mixed,
w.li
with the ri-.;~·.:::. .. ·1d privilege for the period and upon the terms
and conditio~s ~ereinifter specified to furnish, sell and
distribute g .s t:) the Town, and tjie inhabitants thereof, for
heating, cooking or other purposes_, by means .of pipes, mains, or
otherwise, over I under, along, across_ an.d through any and all'
streets, alleys, viaducts, bridges, roads, lanes and other public
ways and places ln said Town and over, under, along, across and
through any ext2nsion, connection with or continuation of the
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same and/or over, under, al.ong, across and through any and all
such new streets, alleys, viaducts, bri?ges, roads, -lanes and
other public wa'/s and-places as may be here'after laid out,
opened, located or constru~tc~ W.ithin the territory" now or'
hereafter included in the boundaries of said Town; ,Provided,
however, the Company shall have no right to construct any build-
ing, well or manufacturing ~~cility upon any such street, gas
easement or other public property.\
Section 4. The Company is further granted the
right, privilege and authority to excavate in, occupy and· use
any and all streets, alleys, viaducts, bridges, roads, lanes,
parkways, and other public ways and places under the super-
vision of the properly ~onstituted authority for the purpose of"
bring~ng gas into, within and through the Town, and supplying
gas to said Town and the inhabitants thereof and in the ter-
ritory adjacent thereto, provided, however, that the Company
shall locate its plants, works, transmission and distribution
structures, equipment, mains, and pipes within said Town in a
manner to meet with the approval of the Town and further in
locating said facilitie~ shall do so in sue~ manner as to cause
minimum interference· with. the proper use of st~eets, alleys and
othet public ways and places and to caus~ minimum interference
with the rights or reasonable convenience of property owners
whose property adjoins any of the said streets, alleys, or other
public ways dnd places. Should it become necessary for the
Company, in exercising its ri.<;hts and performing its duties
hereunder, to -· '.erfere with any Sidewalk, graveled or paved.
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streets, roads ;:;; alleys, or any other PU:blic o.r private im-
provement, the --~-·mpanY shall repair at its oWn expense in a
workmanlike mann(:';L subject .to" the approval by' the Towrl, such
sidewalk, gravel1::d or paved st1;eet, roaff, alley, or other im-
provement after the installatioh of its pipes or other struc-
tures. The Comp,1ny shall use due care no·t to interfere with
or damage any water mains,· sewers, or other structures now in
place or which may hereafter be placed in said streets, alleys,
or other public 9laces, and said Company shull, at its own
expense, repair in a workmanlike manner subject to the approval
of the Town, any of such water mains, sewer's, or._other. struc-
tures which are damaged through the aCtion of the Company, ,pro-
vided, however, that the_, Town may make such repairs ·and charge
the re .... ~sonable. cost thereof t._o 'the Company. This grant of
authority shall apply to all streets and alleys presently platted
or otherwise of record, all gas easements presently owned by or
dedicated to the Town. or the public within the Town -limits, and
to other property presently ow'.1ed by the· Towrl within the Town
limits,· and to future streets, alleys, gas·easements and other
property later acquired.by or dedicated to the Town and located
within the Town limits. The Cbmpany shall be re_spons ible to
remedy any defects in repair work done by ·the Company for a
period of two years after completion. The Town shall'have the
right. to, inspect and supervise any work· on Town p!'operty and
improvements.
Section 5. Th~ Company shall so mai.htain its
structures, apparatu.s, :nains ,· pipe al1d other equipment as to
afford all reasonable protection agairist injury.or damage to
persons or property the;:,efrom, and the Company shall save the
Town harmless from all liability or damage and all reasonable
expens.E!s necessarily accruing against the Town arising out of
the exercise by the Company of tr.e rights and privileges
hereby granted; and for this purpose the ·Company shall maintain
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public liabi:..:..·.:·_. \.nsurance in .:in om\ount not less than $500,000,
with an urnbrula for not. less .than $1,000,000, .and shall fur-
nish a certit'i . .;ate to the-Town so showing. Provided that .the
Company shall have had notic·> of the pendency of any action
against the Town arising out of such exercise by the Company of
said rights and (Jrivileges and be permitted at its own expense
to appear and de.::'end or assist in the defense of the same.
Secticn 6. If at any time it shall be necessary
to change the pn~ition of any ga~ main or service connection
of the Company to permit the Town to lay, make or change street
grades, pavements, sewers, water mains or other Town works,
such changes shall be made by the Company at its·own expense.
Secticn 7. rhe right to use and occupy said
streets, alleys, public ways and places shall not be exclusive,
and the Town reserves the ris-ht to grant the use of said streets·,
alleys, public ways and places, to any person during the period
of this franchise.
Section 8. service Sta'ndards. The Company shall
maintain and operate its plan~s and system and render efficient
service in accordance wit~ the rules and regulations of-the
Public Utilities Commission of the· State of Colorado and the
terms and conditions of this Ordinance, including specifically,
but without limitation·, the .fol~owing requirements:
a. Heating value. Gas sold,. supplied, and delivered
under this franchise shall be maintained at a monthly average
of not less than 900 British Thermal Units of heat value per
cubic ·foot. A cubic foot of gas me_ans that arnoun~ of gas
which when saturated wit.!1 water_ vap~r at a temperature of sixty
degress {60°) Fahrenli.eit and subject to an absolute pressure
equai to thirty inches (JO") of mercury, at thirty-two degrees
(32') Fahrenheit (14.73 pounds per square inch) occupies a volume
of one ( 1) cubic foot. Gas sold under this franchise shall be
accurately measured utilizing metering equipment of a type _ap-
proved ·by the Public Uti_litie~ Copvnission of the State of Colorado,
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which shall ,JlS(; b.::: subject to approval of the Town. The
Company will prc•1ide the Town with copies of calorimeter and
pressure report3 on request.
b. Na~ural Gas. Natural gas shall be furnished to
the Town in i'ts ::-iatural state as it is produced at the wells,
without dilution, .except that the Company shall remove such
noxious gasses tnerefrom and·add such odorizing agent as may
be required by law or regulations of proper authorities.
c. Ex?ense of Adjustment. If, after naturai gas has
been made ~vailable, it should later be necessary to revert to
manufactured, artificial, or other suitable, or mixed gas, the
Company shall defray all necessary expenses incident tO the
adjustment of domestic, commercial and governmental appliances,
including the changing or redrilling of orifices and burners.
d. Maintenance of System. The Company shall main-
tain its gas plant equipment and distribution system in good
condition and repair at all times.
e. Maps. The Company shall prepare and submit to
the Board a map showing the location of its distribution system,
showing location, size and depth of lines, locations of shutoff
valves and gates, and all appurtenances incident to the dis-
tribution system, so far as such facilities can reasonably be
projected. The map shall be kept current by addition of the
information her.eby require.a as the system is extended or re-
vised. If the Corr,pany fails to keep such map current and
provide the required information, the Town can cause such work
to be done, and charge all cost thereof to the Company.
£. The Company shall make adequate provision for
providing service to customers, and it shall be the responsbil-
ity of the Company at the Company I s cost to extend gas lines to
the property lines of cus·torriers who have ordered· gas.
Section 9. If during the term of this franchise
there occurs a failure or partinl failure of the supply of
natural gas available to th1= Company because of depletion· of
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such supply, ;:J-;._ Company; shall take all reasonable st.eps to
obtain an addir.:..:,nal natural gas supply from o't;her sources to
be delivere·9 tc 1e Company, and if unable to procure same,
it is hereby aut.;orized to supply artificial or mixed gas for
the unexpired t2rm of this franchise. If the Company, within
a reasonable period after failure of the supply of natural gas,
~hall fail to s~pply to its customers -artifitial and/or mixed
gas, the franchise rights gra'nted herein shall terminate.
3ection 10. The Company shall furnish gas within
the corporate li~its of the Town or any addition thereto, to
the Town· and to the inhabitants thereof, and to any person or
persons or corporation doing business in the Town, or any
addition thereto at the·rates and under the terms and conditions
set forth in the Rate Schedu1e~, Standards. for Service, Rules
and Regulations, and Service Connection and Extension Policies,
filed with·or fixed by the Fublic Utilities Commission of the
State of Colorado, or by any other competent authority having
jurisdiction in t~e premises.
Section 11. The Company shall not, as to rates·,
charges, services, facilities, rules, regulations or in any
other r~spect, make or grant_any preference or advantage to any
corporation or person or subject any corporation or person to
any prejudice or disadvantage, proVided that nothing in this
grant shall be taken to.prohibit the establishment from time
to time of a graduated Scale of charges and classified rate
schedules to which any customer cortling within an established
classification would be entitled.
Section 12. The rates to.be charged by said
Company for industrial gas used in said Town may be lower and
different from those charged for gas used for other purposes,
provided that contracts_ for industrial gas contain a 11 cut off"
clause which recognizes the preferred right of the other uses
over industrial uses.
Section 13. The .:0rnpa:ny shall from time to time,
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during the tarn: ,E this franchise, make such·enlargement and
extensions oi it~ distribution system as the business of the
Company and the ·~rowth of· the Town •justify, in ac_cordance with
its Standards f_o~· Service, Rules and ·Reguiations, and Service
Connection and £.!tension Policies for gas service concurrently
in effect and on file with the Public Utilities Commission of
the State of Colotado or Other competent authority havil1g
· ----j.urisdict:j,on · in th~ premiEe·s.
Sectior. 14. The Company, ftom time to time, may
promulgate such rules, ·regulations, terms and conditions govern-
ing the conduct cf its business, including the utilization of gas
and payment ther~for, and the interference-with, or alteration of
any of the Company 1 s property upon the premises.of its customers,
as shall be necessary ·to _insure '1. continuous and uninterrupted
service to each and all of its •custoiners and the proper measure-
ment thereof and payment therefor, provided tha·t the Company
shall keep on file in the office of the Town Clerk of the Town
and in its office in Denver, Colorado, available to the public,
copies of its Rate Schedules, Standards for Service,. Rules· and
Regulations, and Service Connection and Extension Polici€s con-
currently in effect and as filed with the Public Utilities
Commission of the State of Colorado or other competent authority
having jurisdiction in the premises. The Town shall have access
at all reasonable times to ·all company records, reports ?-nd
plans.
Section 15. As a ;furthf=r consideration for this
franchise and accepted by the Town in lieu of all occupation and
license taxes and all other special taxes, assessments or excises
upon the pipes, mains·, meteis, or ·other property-of the. Company;
or other levies that migLt Le im1?osed, either as an occupa-
tion tax, l_icense tax, p'.=rriti t f.ee, charge, or for the inspection
of pipes, mains,· rn~ters, or other property of the Company, or
othe~wise, the Company shall pay tr, the Town a sum equal to
three percent (3%) of its annu~l gross revenue derived from the
-1-
sale of gas .-.17"J·.·Ln the corporate limits of the T(?wn, including
the revenue ·-ccE:!'Jed from the sale of indus"tria~ gas, and
excluding the a.\;Cunt received from the Town itself for' gas
service furnishet! it and after adjustment for the net write-off
of uncollectible amounts ·and corrections of bills theretofore
rendered. PaymE''lts of the franchise charge shall be made on
or before the f .. L-st day of March of _each-yea_r for the calendar
year next previo'JS. For the }?urpos~ of ascertaining or audit-
ing the correct ~mount to De paid under the provisions of this
'
paragraph, the ~~wn Clerk and/or ariy. committee appointed.by the
Board shall hi1ve access to the books of. said Company for the
purpose of checking the gross income received from operations
within said Tovm. It is understood _that payment of such fran-
chise charge does not excuse the Company from payment of either
sales and use taxes, or prope.cty taxes, as such taxes are ievied
from time to time, or from cbtaining an excavation permit, at no
charge to the Company, if required by Town regulations. In, the
event the Company makes payments to any other municipality
pursuant to a franchise, occupation tax or similar taxes, which
in the aggregate are more than 3% gross revenu~s of sales to
customers within such m.unicipali ty, the charges due hereunder to
the Town shall be increased to an equivalent amount computed on
a percentage basis, if any portion of the payments to the other
municipality are directly or indirectly expensed or charged to
customers within tne Town.
Section 16. That ther2 has heretofore been in
effect for 25 years -a franchise to Rocky. Mountain. Natural Gas
Company, Inc., and that, therefore, during the term of the.in-
stant franchise the ·Town 5hall have the right, optibn and
privilege of purchasing. the Corepa~y's entire plant and distribu-.
tion system operating in Said Town fo~ a purc~ase price represent-
ing the fair market value qf the system (the ~ntire system shall
include all additions and extensi~ns, to the original system).
If the parties are not able to agree to the fair market Value,
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such value sh2l! le Jutermi11ed through binding arbitration. In -
case of such _,1rbitt"ation. each party shall' cho~se one arbitra_t.or,
and the two arbit:·)tor~ so chosen shall choose a third arbitra~
tor, who shall be r;hairrnan of the ?rbitration •pa:nel. The costs
of arbitration s!-:Jll be C.ivided equally between the parties.·
The Company and the T_own agree to negotiate mean·s to limit
severance damages,. ir::icluding acquisition of the system and
customers out-side the Town by ·the Town as reasonable.
Section 17. Th~ purchase price·of the system herein
set forth is a m~thod of acquisition of the system by the Town,
which is alternu.t.ive to any other lawful··means of acquiring
title to the sysiem by t~e Town, and said right and privilege
of purchasing the Company's entire· system shall be in addition
to all of the rights and privileges granted and· reserved to the
Town by the laws of the State of Colorado in all matters relating·
,. to franchises. The Board May authoiize the acqUisition of
such property outside the Towri limits by condeffination or other-
wise, as granted by the Colorado Constitution regardless of
whether the system within the Town is acguired pursuant to this
Section by condemnation or otherwise. in the event the Town
acquires the distribution system, the Company will sell the Town
gas for resale upon terms as may be agreed to.
Section 18. This Ordinance shall be in full force
and.effect tram and after its passage, voter approval and
publication, as by law required, upon acceptance ·thereof in
writing by the Company, within thirty (30) days after final
passage, and the terms, conditions and covenants hereof shall
/
remain in full force anc effect for a period of fifteen (15)
years from and after· the effective date following final passage.
Section 19. Upon t~e -expiration of this franchise,
if the Company shall not. have aCquited an extension· or renewal
thereof and accep·i: same, it may have, and it is hereby granted,
the right to enter upon the stre2ts, alleys, biidges, viaducts,
roads, lanes and other public'places of the ToWn, for the purpose·
-9·
of removing tl"'.e: r'rom any or all of its plants, structures,
pipes, main:::, or ,·:quipment• pertaining thereto, at any time after
the Town has had ~mple time and opportunity ·to purchase, con-
demn or replace i.:hem. In so removing said pipes, mains or
other property, ~·.he Company shall, at its own expense, and in-a
workmanlike manr.,.:r, refill any excavations that shall be. made by
it in the gravel~d or paved streets, alleys, bridges, viaducts,
1 .;irn~s ~:-!f.1 """:her oublic places after the removal of its
mains, pipes or 1Jther struc~ures.
Section 20. Rates. Rates charged by the Company for
service hereundec shall be fair and, reasonable and designed to
meet all necessary costs of service, including a fair rate of
return on the ntt valuation of its properties devoted thereto,
under efficient and economical management. The Company agrees
that it shall be subject to all authority n.ow or hereafter
possessed by any regulatory body having jurisdiction to fix
just, reasonable, and compensatory gas rates. The Company
further agrees that the system shall be so designed, constructed
and sources of gas utilized a~ to provide the most economic
development and favorable ratn structure possible, taking into·
account deliverability of gas, reserves and other pertinent
conditions.
Section 21. Assignment. The Company shall not
assign this franchise, or the rights granted hereunder, without
first obtaining approval of the voters of the Town. Provided,
however, that this condition shall not be construed to restrict
or prevent the issuance of bonds, debentures or o~her evidence
of indebtedness, or the-issue of additional stock, needed or
useful for the purpoSe of financing the system or any portion
thereof.
Section 22. Bond. Within fifteen (15) days after
the Public Utilit.i.es Commission of the State of Colorado has
granted to the Comf)any a. Certificate of P~bli<? Conveni_ence and
Necessity a~d after.apPeal zijhts have expired, the Company shall
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deposit with tt",1.: Town Clerk a bond in the penal sum of Ten
Thousand, Dollars I $1 0, 000. 00) exec1c1ted by the Company with surety
to be approved i:y the-Town', conditioned upon, compliance with the
terms arld conditions of this ·Ordinance and further conditioned
that the Company and its surety shall pay to".the Town· all·costs,
expenses and damages resulting to the Town from the failure of
the Company to comply with the teims and conditions of·this
Ordinance, and ::urther conditioned that the Town shall recover
all costs and e:,:penses incurred in enforcing collection of said
bond. Such bond shall be maintained in full force and·effect
during the period of this franchise, and additional security may
be required from time to time, or security may be. adjusted, re-
vised or substituted upOn cons~nt of the Town.
Section 2 3. Forfeiture. The Town reserves the right
to declare a forfeiture of this franchise for the breach of a
substantial and material prowision thereof. No forfeiture
J
shall be declared until the Company shall have had an opportunity
to be heard and to correct the alleged breach. Upon failure of
the Company to exercise reasonable diligence to correct such
condition, the Town may declare this franchise forfeited. In
the event that this franchise is forfeited, then the Company
agrees to continue to render service as theretofore, for a
period of six (6) months to give the Town time to decide upon
its course of action.
Section L.4. Severability. If -::i.ny section, sub-
section, sentence, clause, phrase, or portion of this Ordinance
is fo~ any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be d~emed a
separate, distinct and irideper.dent p~ovision, and such holding
shall not affect the validity oi: the remaining portion thereof.
Sectio'n 2 5. Reserved Rights. The right is hereby
.,reserved by the Town to ad.opt, from time to time, in addition to
the provisions herein contained, such ordinances as may be deemed
necessary in th_e exercise of its police power, provided that
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such regulat:·.Jns shall be reasonable aqO rio_t destructive of the
right herein gr3nted, and: not in conflict ~ith the laws of ~he
State of Colorado, or with ord_ers of .other a~thor-it,ies havi~g
jurisdiction in the premises, except as.permitted in the exerc"i.Se
of the Town's "home rule" powers granted·by Article XX qf the
Colorado Constitution. This fra0chise shall be subje~t to all
valid and ef feet. i ve prov is ion of the ToWn Charter whether·
enumerated herein or not.
(
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day
of ___ 'z:2;'--'-"~""· 4"-<-----! 984.
PASSED on second and finai .eading this._~./.~'+',__# _____ day
1984.
ATTEST:
ACCEPTED this• _!.,,.;).,,,__7"./-~J....'-l.6----day 0£ d1-v/:l Q.
1984.
ROCKY MOUNTAIN NATURAL GAS
COMrANY, INC.
CERTIFICATE AND ATTESTATION
The Foregoing Ordinance No ·<61.d. con,cerning the granting
of a Franchise to the Rocky Mountain Natura~ Gas Company
was first introduced and read on-z,;J;jfu, i984 after being
published' according to law and was passed on final reading
on oeJ//4u/l, 1984.
cl
City Clerk
~/("h-Pc:l'.,,/h., 1·k!n)
-~
,11 ::-·'
·1 .• _,
GRDINANCE NO. 7,. 0 ?----~~----
AN OR[!NANCE GRANTING A FRANCHISE BY THE
TOWN CF FIRESTONE, COLORADO TO THE ROCKY
MOUNTAlN NATURAL GAS COMPANY, INCORPORATED,
A COL0f:ADO CORPORATION, ITS SUCCESSORS AND
ASSIGNS, TO LOCATE, BUILD, CONSTRUCT,
ACQUIPE:, PURCHASE, EXTEND, MAINTAIN AND
OPERA~~ INTO, WITHIN AND THROUGH THE
TOWN Ci? FIRESTONE, WELD COUNTY, COLORADO,
A PLAU'I' OR PLANTS, AND WORKS FOR THE
PURCHA'_:E, MANUFACTURE, TRANSMISSION AND
DISTRI:JUTION OF GAS, EITHER NATURAL,
ARTIFICIAL, OR M:i:XED, AND TO FURNISH, SELL,
AND DISTRIBUTE SAID GAS TO THE TOWN OF
FIRESTONE AND THE INHABITANTS THEREOF, FOR
HEATHJ'~, COOKING OR OTHER PURPOSES _BY MEANS
OF PIPES, MAINS, OR OTHERWISE, OVER, UNDER,
ALONG, ACROSS AND THROUGH ANY AND ALL STREETS,
OTHER PUBLIC WAYS AND PLACES IN SAID TOWN
OF FIRESTONE, AND FIXING THE TERMS AND CONDITIONS
THEREOF,
BE_ IT ORDAINED BY THE BOARD OF TRUSTEES AND PEOPLE OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. Short Title. This Ordinance shall be
known and may be cited as fhe ''Rocky Mountain Natural Gas Company
Franchise Ordinance.''
Section 2. Definitions. For the purpose of this
Ordinance, the following terms shall have the meaning given
herein:
"Town" is the Tov1n of Firestone, Weld County, Colorado,
the granter of rights under this franchise.
''Company'' is the Rocky Mou~tain Natural Gas Company, Inc.
the grantee of rjghts under this franchise.
11 Board·11 is the Board of rrustees of the Town of Firestone_.
Colorado.
''Person'' is an~ person, firm, partners~ip, association,
corporation, company or organization of any kind.
Section 3. -Grant of Authority. There is hereby
granted to the Compariy the right, privilege and authority to
locate, build, construct, acquire,-purchase, extend, maintain
and operate into, within and through said Town a plant or
plants and works, for the p1.1rchase, manufacture, transmission
and distribution of gas, either natural, artificial or mixed,
V
with the ri.,C·.c: ,:. d privilege for the period and upon the terms
and conditions ~ereinafter specified to furnish, sell and
distribute g. s t0 the Town, and the inhabitants thereof, for
heating, cooking or other purposes, by means of pipes, mains, or
otherwise, over, under, along, across and through any and all
streets, alleys, viaducts, 'bridges, roads, lanes and other public
ways and places Ln said Town and over, under, along, across and
thro~gh any ext2nsion, connection with or continuation of the
same and/or ove:r, under, along, across and through any and all
such new streets, alleys, viaducts, bridges, roads, lanes and
other public ways and places as may be hereafter laid out,
opened, located or constructed within the territory now or
hereafter included fn the boundaries of said Town; ~rovided,
. ~
however, the Company sha-11 have no right to construct any build-
ing, well or manufacturing fauility upon any such street, gas
easement or other public property~
Section 4. The Company is further granted the
right, privilege and authority to excavate in, occupy and. use
any and all streets, alleys, viaducts, bridges, roads, lanes,
parkways, and other public ways and places under the super-
vision of the properly constituted authority for the purpose of
bringing gas into, within and through the Town, and supplying
gas to said.Town and the inhabitants thereof and in the ter-
ritory adjacent thereto, provided, however, that the Company
shall locate its plants, works, transmission and distribution
structures, equipment, mains, and pipes within said Town in a
manner to meet with the approval of the Town and further in
locating said facilities shall do so in such manner as to cause
minimum interference· with the proper use of streets, alleys and
other public ways and places and to cause minimum interference
with the rights or_-reason~bl~ convenience of property owners
whose property adjoins ~ny 6f the said streets, alleys, or other
public ways and places. Should it become necessary for the
Company, in exercising its ri<;h1:s and performing its duties
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hereunder, tc :., '.erfere with anv sidewalk, graveled or paved
streets, roads ,,: aileys, or any other public or private. im-
provement, the C:mpany shall repair at its own expense in a
workmanlike manner subject to the approval by the Town, such
sidewalk, graveh,d or paved str;eet, road, alley, or other im-
provement after the installation of its pipes or other struc-
tures. · T.he Comp,,ny shall use due care not to interfere with
or damage any water mains, sewers, or other structures now in
place or which may hereafter be place·d in said streets, alleys,
or other public places, and said Company shall, at its own
expense, repair in a workmanlike manner subject to the approval
of the Town, any of such water mains, sewers, or.other struc-
tures which are damaged through the action of the Company, pro-
vided, however, that the Town may make such repairs and charge
the reasonable cost thereof to the Company. This grant of
authority shall apply to al:!. streets and alleys presently platted
or otherwise of record, all gas easements presently owned by or
dedicated to t_he Town or the_ public within the Town limits, and
to other property presently owned by the Town within the Town
limits, and to f~ture streets, alleys, gas easements and other
property later acquired by or dedicated to the Town and located
within the Town limits. The Company shall be responsible to
remedy any defects in repair work done by the Company for a
period ·of two years after completion. The Town shall have the
right to.inspect and supervise any work on Town property and
improvements.
Section 5. The Compan·y shall so mai_ntain its
structures, apparatus,·:uains, pipe and other equipment as to
· afford all reasonable protection against injury or damage to
persons or property the:.:efrom, -arid the Company shall save the
Town harmless from all lial:!i.li.ty or damage and all reasonable
expenges ne~essarily ·accruing against the Town arising out of
the, exercise by the Compan~.of the rights .and privileges
hereby granted; and.for this purpose the Company shall maintain
,._
public liabi:.~·c, 'i.nsurance in an amount not less than $500,000,
with an umbr0Lla for not less than $1,000,000, and shall fur-
nish a certificate to the Town so showing; Provided that the
Company shall have had notic~ of the pendency of any action
against the Town arising out of such exercise by the Company of
said rights and !jrivileges·and be permitted at its own expense
to appear and defend or assist in the defense of the same.
Section 6. If at any time it shall be necessary
to change the position of any gas main or service connection
of the Company to permit the Town to lay, make or change street
grades, pavemencs, sewers, water mains or other Town works,
such changes shall be made by the Company at its own expense.
Section 7. -The right to use and occupy said
streets, alleys, public ways_ and places shall not be exclusive,
and the Town_ reserves the right to grant the use of said streets,
alleys, public ways and places, to any person during the period
of this fra~chise.
Section 8. Service Standards. The Company shall
maintain and operate its planes and system and render efficient
service in accordance with the rules and regulations of the
Public U.tilities Commission· of the State of Colorado and the
terms and conditions of this Drdinance, including specifically,
but without limitation, the following· requirements:
a. Heating value. Gas sold, supplied, and delivered
under this franchise shall be maintained at a monthly average
of not less than 900 British Thermal Units of heat value per
cubic foot. A cubic foot of. gas means that amoun~ of gas
which when saturated wit!1 water vapor at a temperature of sixty
degress (60°) fahrenheit and subject to an absolute pressuie
. equal to thirty inches ( 30 '') of mercury, at t.hirty-two degrees
(32°) Fahrenheit (14.73 po~nds 12er square inch) occupies a volume
of one (1) cubic foot.· Gas sold under t&is franchise shall be
accurately measured utili:?ing metering equipment of a type ap-
proved by the Public'Utilities Commission of the State of Colorado,
which shall also L~ subject to approval of the Town. The
Company will provide the Town with copies of calorimeter and
pressure report3 on request.
b. Na~ural Gas. Natural gas shall be furnished to
the Town in its natural state as it is produced at the wells,
without dilution, except that the Company shall remove such
noxious gasses tnerefrom and add such odorizing agent as may
be required by law or regulations of proper authorities.
c. Expense of Adjustment. If, after natural gas has
been made available, it should later be necessary to revert to
manufactured, artificial, or other suitable, or mixed gas, the
Company shall defray all necessary expenses incident to the
adjustment of domestic, commercial and governmental appliances,
including the changing or redrilling of orifices and burners.
d. Maintenance of System. The Company shall main-
tain its gas plant equipment and distribution system in good
condition and repair at all times.
e. Maps. The Company shall prepare and submit to
the Board a map showing the location of its distribution system,
showing location, size and depth of lines, locations of shutoff
valves and gates, and all appurtenances incident to the dis-
tribution system, so far as _such facilities can reasonably be
projected. The map shall be kept current by addition of the
information hereby requ~rEd as the system is extended or re-
vised. If the Corr,pany fails to keep such map current and
provide the required information, .the Town can cause such work
to be done, and charge all cost thereof to the Company.
f. The Company shall make adequate provision for
providing seryice to customers, and it shall be the responsbil-
ity of the Company at the Company's cost to extend gas lines to
the property lines. of cus·torriers who have ordered gas.
Section 9. If during the term of this franchise
there occurs a failure or partiRl f~ilure of the supply of.
natural gas available to th~ Company because of depletion of
·-·
such supply, ti:..,· i:ompany shall take all reasonable steps to
obtain an addic'.'11al natural gas supply from o~her sources to
be delivered tc 1e Company, and if unable to procure same,
it is hereby aut.,orized to supply artificial or mixed gas for
the unexpired term of this franchise. If the Company, within
a reasonable period after failure of the supply of natural gas,
~hall fail to supply to its customers artificial and/or mixed
gas, the franchise rights granted herein shall terminate.
Section 10. The Company shall furnish gas within
the corporate l~its of the Town or any addition.thereto, to
the Town and to the inhabitants thereat, and to any person or
persons or corporation doing business in the Town, or any
addition thereto at the rates and under the terms and conditions
set forth in the Rate Schedules, Standards for Service, Rules
and Regulations, and Service-Connection and Extension Policies,
filed with or fixed by the Fublic Utilities Commission of the
·. State of Colorado, or by any other competent authority having
jurisdiction in the premises,
Section 11. The Company shall not, as .to rates,
charges, services, facilities, rules, regulations or in any
other respect, make or grant any preference or advantage to any
corporation or person or subject any corporation or person to
any prejudice or disadvantage, provided that nothing in this
grant s_hall be taken to prohibit the establishment from time
to time of a graduated scale of charges and classified rate
schedules to which any customer cowing within an established
classification would be entitled.
Section 12: The rates to be charged by said
Company for industr {al gas used in s.aid Town may be lower and
different from thos'" charged for gas used for. other purposes,
provided that contracts for indus~rial gas contain a "cut off"
clause which recogniz~s the preferred right of the other uses
over industrial uses ..
Sect.ion 13. The ~0mpany shall from time to time,
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during the term ;f this franchise, make such enlargement and
extensions of iti distribution system as the business of the
. .
Company and the •1rowth of the Town justify, in accordance with
its Standards fo:' Service, Rules and Regulations, and Service
Connection and £.·tension Policies for gas service concurrently
in effect and on file with the Public Utilities Commission of
the State of Colorado or other competent authority having
-.-j.uri.sdicti,on in ":he premises.
Sectior; 14. Th~ Company, from time to time, may
promulgate such rules, regulations, terms a·nd conditions govern-
ing the conduct of its business, includinij the utilization of gas
and payment therefor, and the interference with, or alteration of
any of the Company's property upon the premises of its customers,
as shall be necessary to insure a continuous and uninterrupted
service to each and all of its customers and the proper measure-
ment thereof and payment the~efor, provided that the Company
shall keep on file in the office of the .Town Clerk of the. Town
and in its office in Denver, Colorado, available to the public,
I
copies of its Rate Schedules, Standards for Service, Rules and
Regulations, and Service Connection and Extension Policies con-
currently in effect and as filed with the Public Utilities
Commission of the State of Colorado or other competent authority
having jurisdiction in the·premises. The Town shall have access
at all reasonable times to all company records, reports and
plans.
Section 15. As a further consideration for this
franchise and accepted by the Town. in lieu of all occupation and
license taxes and all -0ther. special taxes, assessments or excises
upon the pipes,, mains·, meters,. or other property of the Company,
or other levies that migLt t:,e'imposed, either as an occupa-
tion tax, license tax, p::rrt\i t · f.ee, charge, or for the inspection
of pipes, mains, m<eters, ·or other property of the Company, or
otherwise, the Company shall pay to the Town a sum equal to
three percent ( 3%) of· its annu"li gross revenue derived from the
..
sale of gas ~i~tin the corporate limits of the Town, including
the revenue ·:c,ce1·1ed from th.e sale of industrial gas, and
excluding the ancunt received from the Town itself for gas
service furnishe~ it and after adjustment for the net write-off
of uncollectiblE amounts and corrections of bills theretofore
rendered. Payme1ts of the'franchise charge shall be made on
or before the fi,-st day of March of each year for the calendar
year next previo 0Js. For the purpose of ascertaining or audit-
ing the correct ~mount to be paid under the provisions of this
paragraph, the ~own Clerk and/or any committee appointed by the
Board shall have access to the books of said Company for the
purpose of checking the gross income received from operations
within said Town. It is understood that payment of such fran-
chise charge does not excuse the Company from payment of either
sales and use taxes, or property taxes, as such taxes are levied
from time to· time, or from cbtaining an excavation permit, at no
charge to the Company, if required by Town regulations. In the
event the Company makes payments to any other municipality
pursuant to a franchise, occupation tax or similar taxes, which
in the aggregate are more than 3% gross revenues of sales to
customers within such municipality, the charges due hereunder to
the Town shall be increased to an equivalent amount computed on
a percentage basis, if any portion of the payments to the other
municipality are directly or indirectly expensed or charged to
customers within the Town.
Section 16. That there has heretofore been in
effect for 25 years a franchise to Rocky Mountai~ Natural Gas
Company, Inc., and that, therefore, during the term of the in-
stant franchise the ·Town·shall have _the right, option and
privilege of purchasing the Cow.pany's entire plant and distribu-. '
tion system operating in said Town for a purchase price represent-
ing the fair market value of the syste~ (the entire system shall
include all additions and extensions to the original system).
If the parties are riot able to agree to the fair market value,
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such value si1ail iu Jetermined through binding arbit.ration. In
case of such 3rbitration, each'p~rty shall choose one arbitrator,
and the two arb1c:)tors so chosen shall choose a third arbitra-
tor, who shall be ~hairman of the arbitration panel. The costs
of arbitration shall be divided equally between the parties.
The Company and the Town agree to negotiate means to limit
severance damages, including acquisition of .the system and
customers outside the Town by the Town as reasonable.
Sectio~ 17. The purchase price of the system herein
set forth is a method of acquisition of the system by the Town,
which is alterni1tJve to ony other lawful means of acquiring
title to the system by the Town, and said right and privilege
of purchasing the Company's entire system shall be in addition
to all of the rights and.privileges granted and reserved to the
Town by the laws of the State.of Colorado in all matters relating
~ to franchises. The Board rnay authorize the acquisition of
such property outside the Town limits by condemnation or other-
wise, as granted by the Colorado Constitution regardless of
whether the system within the Town is acquired pursuant to this
Section by condemnation or otherwise. In the event the Town
acquires the distribution system, the Company will sell the Town
gas for resale upon terms as may be agreed to.
Section 18. This Ordinance shall be in 1ull force
and effect from and after its passage, voter approval and
publication, as by ·1aw required, upon acceptance -thereof in
writing by the Company, within thirty (30) days after final
passage, and the terms, cond..itions and covenants hereof shall
X
remain in full force _aric: effect for a period of fifte~n (15) ·
years from and after· the effective date following fina·l passage.
Section 19. Upon the expiration of this franchise, . '
if the Company shal1 not have q.cquired an extension or renewal
thereof and accept same, it may have, and it is hereby granted,
the right to enter upon the streets, alleys, bridges, viaducts,
roads, lanes and oth~r public places of the Town, for the purpose
:.: 9 _.
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of removing tte: from any or all of its plants, structures,
pipes~ main~. or 0quipment pertaining thereto, at any time after
the Town has had ,•@ple time and opportunity to purchase, con-
demn or replace chem. In so removing said pipes, mains or
other property, ~he Company shall, at its own expense, and in a
workmanlike manr.,;r, refill any excavations that shall be. made by
it in the gravelod or paved streets, alleys, bridges, viaducts,
.-,-,_~•~:: 1 ,anes 2!c'.1 ~+:.her oublic places after the removal of its
mains, pipes or •lther structures.
Section 20. Rates. Rates charged by the Company for
service hereunder shall be fair and reasonable and designed to
meet all necessary costs of service, including a fair rate of
return on the net val-uation of its properties devoted thereto,
under efficient and economical management. The Company agrees
that it shall be subject to a11 authority now or hereafter
possessed by any regulatory body having jurisdiction to fix
just, reasonable, and compensatory gas rates. The Company
further agrees that the system shall be so designed, constructed
and sources of gas utilized as to provide the most economic
development and favorable rate structure possible,,taking into
account deliverability oE gas, reserves and other pertinent
conditions.
Se.ction 21 . Assignment. · The Company shall not
assign this franchise, or the rights granted hereunder, without
first obtaining approval of the voters of the Town. Provided,
however, that this condition shall not be construed to restrict
or prevent the issuance of bonds, debentures or other evidence
of indebtedness, or thi issue of additional stock, needed or
useful for the purpose of financing the system or any portion
thereof.
Section 22. Bond. Within fifteen (15) days after
the Public Utilities Commission of the State of Colorado has
granted to the Com[.Jany a _Certificate of Public Convenience and
Necessity and after.appeal :::-i:ihts have expired, the Company shall
-i O ·
deposit with thu Town Clerk a bond in the penal sum of Ten
Thousand Dollar~ ($10,000.00) executed by the Company with surety
to be approved ty the Town, conditioned upon compliance with the
terms and conditions of this Ordinance and further conditioned
that the Company and its surety shall pay to the Town all costs,
expenses and damages resulting to the Town from the failure of
the Company to comply with the terms and conditions of this
Ordinance, .:tnd further conditioned that the Town shall recover
' all costs and expenses incurred in enforcing collection of said
bond .. Such bond shall be maintained in full force and effect
during the period of this franchise, and additional security may
be required from time to time, or security may be. adjusted, re-
vised or substituted.,upon consent of the Town.
Section 23. ·.Forfeiture. The •rown reserves the right
to declare a forfeiture of this franchise for the breach of a
substantial and material provision thereof. No forfeiture
shall be declared until the Company shall have had an opportunity
to be heard and to correct the allegedbreach. Vpori failure of
the Company to exercise reasonable diligence to correct such
condition, the Town may declare this franchise forfeited. In
the event that this franchise is forfeited, then the Company
agrees to continue to render .service as theretofore, for a
period of six (6) months to give the Town time to decide upon
its course of action.
Section :4. Severa.bility. If any section, sub-
section, sentence, clause, phrase, .or portion of this Ordinance
is for any reason held inva~id or unconstitutional by any court
of competent jurisdicti<;'n·, such portion shall be deemed a
separate, distinct ahd ir,dependent provision, and such holding
shall not affect the valid{ti of the remaining portion thereof.
Section 25. Reserved Rights. The right is hereby
reserved by the Town to adopt, from time to time, in addition to
the provisions herein contained, such ordinances as may be deemed
.necessary in the exercise of its police power, provided that
,..
such re~ulat10ns shall be reasonable and not destructive of the
right herein granted, and not in conflict with the laws of the
State of Colorado, or 1-1ith orders of other authorities having
jurisdiction in the premises, except as permitted in the exercise
of the Town's ''home rule''. powers granted by Article XX of the
Color;:,do Constit-c1tion. Thi•s franchise shall be subject to all
valid and effective pro~ision of the Town Charter whether
enumerated herein or not.
~:..::-., .. ' ··•,t~
<''
PASSED on first reading this ___ ·:._,,.·/.~'LZ"'--z:t,-------day
J 984.
PASSED on second and finai :c.eading this . · /##, day ---"-.:,__ ____ _
1984 .
.
ATTEST:
,, ACCEPTED this _ _,,d-='--'"7_'..f'--'/2'-"'· _____ day of ~ o
1984.
ROCKY MOUNTAIN NATURAL GAS
COMPANY, INC.
CERTIFICATE AND ATTESTATION
The Foregoing Ordinance No.~ concerning the granting
of a Franchise to the Rocky Mo~ntain Natural Gas Company
was first introduced and read on~ 1,11 , i984 after being
published• according to .law and was passed on. final reading .
on "1/mv/i, 1984.
v1
City Clerk
"'G~~L~4¥1d?t)
ORDINANCE NO. c:f2,1._3
AN ORDINANCE SETTING THE ANNUAL SALARY AND PAYMENT THEREOF OF
THE MlJNICIPAL JUDGE OF THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES, OF THE TOWN OF
FIRESTONE, COUNTY OF WELD, STATE OF COLORADO.
Section 1. Annual Salary.
The annual salary of the Municipal Judge of the Town of Fire-
stone, Weld County, Colorado, shall. be set at the sum of
FIVE THOUSAND FOUR HUNDRED AND NO/100 ($5,400.00) DOLLARS.
Section 2. Monthly Increments.
Sa.id annual salary shall be payable in monthly increments of
FOUR HUNDRED FIFTY AND NO/100 ($450.00) DOLLARS, each and every
month of the year.
Section 3.. Salary Not Based on Number of Cases or Convictions.
The annual salary or increments thereof shall in no way be
directly or indirectly based upon the number of individual
cases handled or heard by said Municipal Judge, nor upon the
number of convictions, nor upon revenues received from fines·.
Section 4. Repeal of Inconsistent Ordinances.
All Ordinances, resolutions, and Motions of the Board of
Trustees of.the Town of Firestone or parts thereof, in
conflict with the provisions of this Ordinance, are to the
extent of such conflict hereby superseded and repealed.
Section 5. Severability.
The sections of this Ordinance are hereby declared to be
severable, and if any section, provision, or part thereof
shall be held unconstitutional or invalid, the remainder of
this Ordinance shall continue in full force and effect, it
being the legislative intent that this Ordinance would have
been adopted even if such unconstitutional or invalid matter
had not been included therein. It is further declared that
if any provision or part of this section, or the application
thereof to any person or circumstances, is held invalid,
the remainder of this Ordinance and the application thereof
to other persons shall not be effected thereby.
In the opinion of the Board of Trustees of the Town of Fire-
stone, Weld County, Colorado, this Ordinance is necessary
for the immediate protection and preservation of the public
health, safety, convenience, and general welfare, and it is
enacted for that purpose and shall be in full force and
effect after its passage and final publication.
i.
Approved, adopted, and ordered published by the Board of
Trustees of the Town of Firestone on the ·If ·. day of
Mtty, 1984.
cc.r.
ATTEST:
~4-«-~
Trudence Peterson, ·.
Town Clerk
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ORDINANCE NO. cf t1f
AN ORDINANCE LEVYING TAXES.FOR THE YEAR 1985, TO DEFRAY THE COSTS OF
MUNICIPAL GOVERNMENT OF FIRESTONE, COLORADO, FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 1985, AND ENDING DECEMBER 31, 1985,
WHEREAS, the Board of Trustees of the Town of Firestone, has considered a
budget for the fiscal year beginning January 1, 1985, and ending December
31, 1985; and
WHEREAS, the Board of Trustees had determined that the proper mill levy
upon each dollar of the assessed valuation of all taxable property within
the Town is .:Jt,. 1,£4 mills.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. That.for the purposes of defraying the expenses of the
General Fund of Firestone, Colorado, during the fiscal year beginning
January 1, 1985, and ending December· 31, 1985, there is hereby levied a
tax of tt,,l'l'l mills upon each dollar of the total assessed valuation
of all taxable property within the Town of Firestone for the year 1985.
Section 2. That for the purpose of defraying the expense of paying
the interest upon and principal of outstanding bonds .of the Town of
Firestone coming due in the fiscal year beginning January l,,y, m, and
ending December 31, 1985, there is hereby levied a tax of ~mills
upon each dollar of the total assessed valuation of all taxable property
within the Town of Firestone for the ·year 1985.
Section 3. That the Town Clerk is hereby authorized and directed
to immediately certify to the County Commissioners of Weld County,
Colorado, the to.tal tax levy for the Town of Firestone, Colorado, as is
herein set forth.
Section 4. In the op1n1on of the Board of Trustees of the Town of
Firestone, Weld County, Colorado, this Ordinance is necessary for the
immediate protection and preservation of the public health, safety,
convenience, and general welfare, and it is enacted for that purpose and
shall be in full force and effect after passage and final publication.
INTRODUCED, READ, AND ADOPTED on this I[ th day of October,
A.D., 1984.
ATTEST:
c:-, ~✓--c/At('//0~~
TOWN CLERK
•
ORDINANCE NO. d7#._:C
AN ORDINANCE ADOPTING THE BUDGET FOR THE TOWN OF FIRESTONE, COLORADO FOR
THE FISCAL YEAR BEGINNING THE 1st DAY OF JANUARY, 1985, AND.ENDING ON THE
LAST DAY OF DECEMBER, 1985, ESTIMATING THE AMOUNT OF MONEY NECESSARY TO
BE RAISED BY TAX LEVY BASED ON THE SAID BUDGET SO ADOPTED; ESTIMATING THE
AMOUNT .OF MONEY TO BE DERIVED FROM OTHER REVENUE SOURCES; SETTING FORTH
THE ESTIMATED EXPENDITURES FOR EACH FUND, AND DECLARING AN EMERGENCY.
WHEREAS, the Circuit Rider City Manager has been designated to
prepare the annual budget for Firestone, Colorado, for the fiscal year
beginning January 1, 1985, and ending December 31, 1985, and has prepared
said budget and submitted it to the Board of Trustees; and
WHEREAS, the Board of Trustees has considered all relevant factors
concerning the budget; and
WHEREAS, the Board of Trustees is required by state law to adopt an
·annual budget prior to December 31, 1984.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES FOR THE TOWN
OF FIRESTONE, COLORADO:
Section 1. That the estimated revenue for the various funds of the
Town of Firestone is:
General Fund $ 162,679
Street & Highway Fund 49,562
Revenue Sharing Fund . 19,991
Park Fund 1,561
Special Assessment Fund 64,366
Police Pension Fund 16,119
Conservation Trust Fund 6,336
Water Fund 333,566
TOTAL $ 654,180
Section 2. That the estimated expenditures for each fund of the
Town of Firestone are as follows:
General Fund
Street & Highway Fund
Revenue Sharing Fund
Park Fund
Special Assessment Fund
Police Pension Fund
Conservation Trust Fund
Water Fund
TOTAL
162,679
43,058
I3,914
1,500
56,000
0
1,500
296,135
$ 574,786
Section 3. That the budget for the Town of Firestone, Colorado,
for the fiscal year beginning January 1, 1985, and,ending December 31,
1985, as heretofore submitted to the Board of Trustees by the Circuit
I' >.I . . '
Rider City Manager, and as changed and amended by said Board of Trustees
be, and the same hereby is adopted and approved as the budget for the
Town of Firestone for said fiscal year.
Section 4. That the budget herein approved and adopted shall be
signed by the Mayor and the Town Clerk and made a part of the public
records of the Town of Firestone.
In the opinion of the
Weld County, Colorado, this
protection and preservation
and general welfare, and it
full force and effect after
Board of Trustees of the Town of Firestone,
Ordinance is necessary for the immediate
of the public health, safety, convenience,
is enacted for that purpose and shall be in
passage and final publication.
INTRODUCED, READ AND ADOPTED this
A.D., 1984.
f ::> day of · a_9 ,.JU:_
Mayor
ATTEST:
Town Clerk
ORDINANCE NO. cl,,1,:k
AN ORDINANCE APPROPRIATING SUMS OF MONEY TO DEFRAY EXPENSES AND
LIABILITIES OF THE TOWN OF FIRESTONE, COLORADO, FOR THE FISCAL YEAR
BEGINNING JANUARY, 1, 1985, AND ENDING ON DECEMBER 31, 1985, AND
DECLARING AN EMERGENCY.
WHEREAS, the Board of Trustees of the Town of Firestone, Colorado,
has by ordinance made the proper tax levy upon each dollar of the total
assessed valuation of all taxable property within the Town, such levy
representing the amount of taxes for the Town's purposes necessary to
provide for payments during the 1985 fiscal year of all properly
authorized demands upon the Treasury; and
WHEREAS, the Board of Trustees of the Town of Firestone, Colorado,
is now desirous of making appropriations for the ensuing fiscal year of
1985; and
· WlIBREAS, the Board of Trustees is required by state law to adopt an
annual appropriations ordinance prior to December 31, 1984.
Section 1. The following appropriations are hereby made for the
Town of Firestone, Weld County, Colorado, for the fiscal year beginning
January 1, 1985, and ending on December 31, 1985:
General Fund
Street & Highway Fund
Revenue Sharing Fund
Park Fund
Special Assessment Fund
Police Pension Fund
Conservation Trust Fund
Water Fund
TOTAL
162,679
43,058
13,914
1,500
56,000
0
1,500
296,135
$ 574,786
Section 2. That the budget herein approved and adopted shall be
signed by the 'Mayor and the Town Clerk and made a part of the public
records of the Town of Firestone.
•
't-
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance is necessary for the immediate
protection and preservation of the public health, safety,· convenience;
and general welfare, and it is enacted for thatpurpose and shall be in
full force and effect after passage and final publication.
INTRODUCED, READ. AND ADOPTED this ~-day of --'-g)_9--,--''..JLJC_=-=c..· ___ _
A. D., 1984.
ATTEST:
Town Clerk
Mayor
I
I
.r
ORDINANCE NO. 207
AN ORDINANCE AUTfiORIZING THE LEASING OF CERTAIN REAL PROPERTY
OF THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES, TOWN OF FIRESTONE,
WELD com~TY, COLORADO:
Section 1.
authorizes
lessor to
The Board of Trustees of the Town of Firestone
the Mayor and the Town Clerk to execute a lease as
Weld County Comiilissioriers / Head Start
of certain unimproved real property described as follows:
Lots 8-9-10 Block 3
Town of Firestone
Town of Firestone, Weld County, Colorado
Section 2. The lease ·shall be for a term of 25 years
at a rental of $1.00 per year for the term and shall
have such other terms and conditions as have been mutually agreed
upon.
Section 3. All Ordinances, resolutions, and motions of the
Board of Trustees of the Town of Firestone or parts thereof,
in conflict with the provisions of this Ordinance, are to the
extent of such conflict hereby superseded and repealed.
Section 4. The sections of this Ordinance are hereby declared
to be severable, and if any section, provision, or part thereof
shall be held unconstitutional or invalid, the remainder of this
Ordinance shall continue in full force and effect, it being the
legislative intent that this Ordinance would have been adopted
even if such unconstitutional or invalid matter had not been
included therein. It is further declared that if any provision
or part of this Ordinance, or the application thereof to any
person or circumstances, is held invalid, the remainder of this
Ordinance and the application thereof to other persons shall
not be effected thereby.
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance is necessary for the
immediate protection and preservation of public health, safety,
convenience, and general welfare, and it is enacted for that
purpose and shall be in full force and effect after passage and
final publication.
Approved, adopted and ordered published by the Board of Trustees
of the Town of Firestone, Weld County, Colorado, on this 4th
day of February , 1985.
MAYOR:
ATTEST:
-2-
ORDINANCE NO. ,--idff
AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF THE TOWN OF
FIRESTONE, MODEL TRAFFIC CODE AND OTHER PROVISIONS,
BE IT ORDAINED BY THE BOARD OF TRUSTEES, TOWN OF FIRESTONE, WELD
COUNTY, COLORADO,
Section 1, Section 12-2 of Part I of Chapter 12 of the Code of
the Town of Firestone is hereby repealed and re-enacted as
follows:
12.2. Short Title.
Part I of Chapter 12 of the Code of the Town of
Firestone shall be known and cited as the Model
Traffic Code,
Section 2. Section 12-4.1 of Part I of Chapter 12 of the Code
of the Town of Firestone is repealed ad re-enacted as follows:
12,4,1 Additions to or Modifications of the Model
Traffic Code,
The Model Traffic Code, 1977 edition, shall be
amended by the following modifications:
·A. Section 4-l(a) of the Model Traffic Code
is repealed and re-enacted to read as follows:
Sec, 4-l)a). Basic Rule,
No person shall drive a vehicle on a street or
highway within this municipality at a speed
greater than is reasonable and prudent under the
conditions existing, and in no event greater than
25 miles per hour. ·
B. Section 4-l(c) of the Model Traffic Code is
.. repealed and re-enacted to read as follows:
Sec, 4-l(c),
Unless otherwise declared by Ordinance adopting
this Code and so permitted by law, any speed in
excess of said limits in subsectibn (b) 6f this
section shall be prima facie evidence that the
speed is not reasonable or prudent and that it is
unlawful, except that any and all 25 mile-per-
hour· s~eed limits shall be· considered ·maximum
1
''
lawful speed limits and not prima facie. speed
limits.
c. Section 4-2 of the Model Traffic Code is
repealed and re-enacted to read as follows:
Sec, 4-2. Decrease of speed limits at
intersections.
It is hereby determined upon the basis of a
traffic investigation or survey, or upon the
basis of appropriate design standards and
projected traffic volumes in the case of newly
constructed highways or segments thereof that the
speed hereinbefore set forth is greater than is
reasonable or safe under the conditions found to
exist or projected, at specified intersections or
approaches thereto or other place or upon any
part of a street or highway described in traffic
control schedules of Article XXVI herein or
otherwise recorded as provided in Section 23-12
of this Code and .it is hereby declared that ~he
reasonable and safe speed limit upon every
approach to and within those intersections or
other place so designated shall be as stated in
said schedules or records, which speed so de-
clared shall be effective when signs are erected
giving notice thereof; provided, however, that
decreased speed limits on streets which are a
part of the State Highway System shall be subject
to the approval of the State Department of High-
ways as specified in section 23-10 Of this
Traffic Code.
D. Section 22-9 of the Model Traffic Code is
hereby repealed and re-enacted to read as
follows:
Sec, 22-9, Notice to appear in Court. Except
when authorized or directed to take a person
before a magistrate or other court, as provided
in section 22-5 or otherwise pursuant to State
law, ~hy police office~ upon making an arrest for
any ~iolation of this ordinance p~nlshable as a
misdemeanor, shall take the name, address, and
operator's license number of said person, the
registered number of the motor vehicle involved,
and such other pertinent information as may be
necessary, and shall'prepare and issue to him in
writing on the form authorized in section 22-2 of
this ordinance a not ice or summons to respond and 2 .
answer to the charge against him at a place and
at a time to be specified in the notice or
summons.
E. Section 26-1 of the Model Traffic Code is
hereby repealed and re-enacted to read as
follows:
Sec. 26-1. Through streets.
In accordance with the provisions of ~ection-2-1,
and when official signs are .erected giving notice
thereof, drivers of vehicles shall stop or yield
as required by said signs at every intersection
before entering any of the following streets or
parts of streets: ·
NAME OF STREET
First street
Grant Avenue
McClure Avenue
_PORTION AFFECTED
(TERMINAL LIMITS)
North city limits to south
city limits
East end of 1st Street to
east city limits
West city limit to J'bhnson;
Johnson Street east to 4th
F. Seeton 27-2 of the Model Traffic Code is
hereby repealed and re-enacted to read as
follows:
Sec. 26-2. Decreased speed limits.
In accordance with the provisions of section 4-2,
and-when official signs are erected giving notice
thereof, the speed li~it·shall be as specified
for the following intersections or approaches
thereto: · ·
3
NAME OF STREET PORTION AFFECTED
OR INTERSECTION (TERMINAL LIMITS)
DECREASED
SPEED LIMIT
McClure Avenue 100' east of 1st St. 15 M.P.H.
1st Street 100' north of McClure 15 M.P.H.
All other 25 M.P.H.
streets in Town
G: saction 26-5 of the Model Traffic Code is
hereby repealed and re-enacted to iead as
follows:
Seeton 26-5. One-way streets.
In accordance with the provisions of Section 8-1,
and when official signs are erected giving notice
thereof, traffic shall move only in the direction
indicated upon the following streets:
PORTION. AFFECTED DIRECTION OF
NAME OF STREET (TERMINAL LIMITS)TRAFFIC MOVEMENT
McClure Avenue 4th Street to
Johnson Avenue
H. Section 26-8 of the Model Traffic Code is
hereb~ repealed and re-enacted to read as
follows:
Sec. 26-8 Parking prohibited at all times on
certain streets.
. '
In accordance with the provisions of Section
12-2, and when official signs are erected giving
notice thereof, no person shall at any time park
a v~hicle upon any of the following described
streets or parts of streets:
4
PORTION AFFECTED
NAME OF STREET (TERMINAL LIMITS)
McClure Avenue South side and Johnson
to 1st Street on north
side
1st Street 125' north from McClure
I, Seeton 26-9 of the Model Traffic Code is
. hereby repealed and re-enacted to read as
follows:
Sec 26-9. Parking time limited on certain
streets,
In accordance with the provisions of Section 12-2
and when official signs are erected giving notice
thereof, no person shall park a vehicle between
the hours of 10:00 o'clock p.m. and 7:00 o'clock
a.m. of any day, including holidays upon any
street or part thereof as follows:
NAME OF STREET PORTION AFFECTED
1st Street East side for 125 feet
North of the intersection
with Granville,
Granville North side for 300 feet
East of 1st Street,
J, Section 26-13 of the_Model Traffic C,ode is
hereby repealed and re-enacted to read as
follows:
Sec, 26-13. Weight limitations upon vehicles
using certain streets.
In accordance with the provisions of Section
18-9, and when official signs are erected giving
notice thereof, no person shall operate a vehicle
with a weight in excess of the amounts specified
herein at any time upon any of the following
streets or parts of streets:
5
NAME OF
STREET
PORTION AFFECTED
(TERMINAL LIMITS)
All municipal
streets except
Grant Avenue
THOUSAND POUND
LIMIT (SPECIFY
GROSS OR EMPTY
WEIGHT)
10,000 pounds
gross
Section 3. Section 12-42 of Part I of Chapter 12 of the Code
of the Town of Firestone is hereby repealed and re-enacted to
read as follows:
Sec. 12-4.2 Municipal Court Designates Cases to
Violations Bureau.
The Municipal Court may designate the specified
offenses under the traffic ordinances of this
municipality and the State traffic laws in
respect to which payment of fines may be accepted
by the Traffic Violations Bureau in satisfaction
thereof, and may specify by suitable schedules
the amount of such fines for first, second, and
subsequent offenses, provided such fines are
within the limits declared by law, and may
further specify what offenses shall require
appearance before the Court.
section 4, Section 12.4.3 of Part I, and sections 12-5, 12-6
and 12-7 of Part II, all of Chapter 12 of the Code of the Town
of Firestone are hereby repealed,
Section 5. Part I of Chapter 12 of the Code of the Town of
Firestone is amended by the addition of a new Section 12-4.3 to
read as follows:
12-4.3 Penalties.
Every person convicted of a violation of any
provision of ·chapter 12 of this Code shall be
punished by a fine not exceeding THREE HUNDRED
AND NO/100 ($300.00) DOLLARS, or by imprisonment
not exceeding NINETY (90) days, or by both such
fine and imprisonment.
Section 6. All Ordinances, Resolutions, and Motions of the
Board of Trustees of the Town of Firestone or part~ th~reof, in
conflict with the' provisions of this' Ordinance, are to the ex-
tent of such c~nflict hereby su~ersed~d and repealed.
' ..
Section 7, The sections of this Ordinance are hereby declared
to be severable, and if any section, provision, or part thereof
shall be held unconstitutional or invalid, the remainder of
this Ordinance· shall continue in full force and effect, it
being the legislative intent that this Ordinance would have
been adopted even if such unconstitutional or invalid matter
had not been included therein. It is further declared that if
any provision or part of this section, or the application
thereof to any person, or circumstances, is held invalid, _the
remainder of this Ordinance and the application thereof to
other persons shall not be effected thereby,
In the opinion of the Board of Trustees of the Town of
Firestone, Weld County, Colorado, this Ordinance is necessary
for the immediate protection and preservation of the public
health, safety, convenience, and general welfare, and it is
enacted for that purpose and shall be in-full force after
passage and final publication.
Approved, adopted, and ordered published by the Board of
Trustees of the Town of Firestone on the /t:q., day of,--,,W
1985. '
ATTEST:
7
I
ORDINANCE NO.~
AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF THE TOWN OF FIRESTONE,
MODEL TRAFFIC CODE AND CHAPTER 9 OF THE CODE OF THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES, TOWN OF FIRESTONE, WELD COUNTY,
COLORADO.
Section 1. Section 11-1 of the Model Traffic Code, 1977 Edition, is
amended by the addition of a new subsection ll-l(a)(l2) to read as fol-
lows:
ll-l(a)(-12). Adjacent to any municipal park unless the
occupants of the parked vehicle are using the park or park
facilities.
Section 2. Section 12-4 of the Model Traffic Code, 1977 Edition, is
amended by repeal and reenactment to read as follows:
12-4. All-night parking. No person, expect physicians or
other persons on emergency calls, shall park a vehicle on
any street signed to prohibit all-night parking, for a period
of time longer than 30 minutes between the hours of 2:00 ·a.m.
and 5:00 a.m. of any day._ There shall. be .no parking adjacent
to any municipal park during curfew hours for the Town of
Firestone as defined in this Code until 8:00 a.m. the follow-
ing morning.
Section 3. Section 9-4.S(B) of the Code of the Town of Firestone is
amended by the addition of a new subsection (6) to read as follows:
9-4.S(BJ(6). Loiters in or about a municipal park, not
having any reason or relationship involving the fegitimate
use of the park during hours when the park is open for use.
Section 4. All Ordinances, Resolutions, and Motions of the Board of
Trustees of the Town of Firestone or parts thereof, in conflict with
the provisions of this Ordinance, are to the extent of such conflict
hereby superseded and repealed.
Section 5. The sections of this Ordinance are hereby declared to be
severable, and if any section, provision, or part thereof shall be held
unconstitutional or invalid, the remainder of this Ordinance shall continue
in full force and effect, it being the legislative intent that this
Ordinance would have been adopted even if such unconstitutional or invalid
matter had not been included therein. It is further declared that if
any provision or part of this section, or the application thereof to
any person, or circumstances, is held invalid, the remainder of this
Ordinance and the application thereof to other persons shall not be effected
thereby.
In the opinion of the Board of Trustees of the Town of Firestone, Weld
County, Colorado, this Ordinance is necessary for the immediate protection
and preservation of the public health, safety, convenience, and general
welfare, and it is enacted for that purpose and shall be in full force
after passage and final publication.
Approved, adopted, and ordered published by the Board .of Trustees of
the Town of Firestone on the _f},Q._ day of -?J5.+"""tl"'/Yl.(J=:......--• 1985. ~
f)S)J J) ~
Mayor
ATTEST:
Town Clerk
( S E A L )
-2-
ORDINANCE NO. ,_;}/,,:J
AN.ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF THE TOWN OF FIRESTONE PROVID-
ING FOR GROUP HOMES.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY,
COLORADO:
Section 1. Section 10-36.1 of Chapter 10 of the Code of the Town of Firestone
is hereby amended by repeal and reenactment as follows:
10-36.1 Uses Permitted in R-1 Districts.
A. Uses by Right:
1. Single family dwellings.
2. Public or private schools, elementary or high school.
3. Public parks, playgrounds, libraries, museums, and other
public recreation facilities.
4. Churches and church schools, provided all buildings are located
on a lot of at least one acre in size and are not less than 50 feet
from any side lot line.
5. Municipal buildings and uses.
6. Domestic animals, provided such animals are household pets
and that kennels are not maintained.
7. Home occupations.
8. Public utility mains, lines and substations, where no public .
office or no repair or storage facilities are maintained.
9. Accessory buildings and uses.
10. Fences, hedges and walks, according to applicable Town
Ordinances.
11. Group homes not located within 750 feet of any other group
home.
B. Uses by Special u·se Permit:'
l. Group homes within 750 feet of any other group home.
2. State licensed group homes for the developmentally disabled.
Section 2. Section 10-32 of Chapter 10 of the Code of the Town of Firestone
is hereby amended by the addition of the following subsections:
oo. Group Homes. A single family owner-occupied or non-profit group
home for the exclusive use of not more than eight persons sixty years
of age or older not requiring skilled or intermediate care facilities.
pp. State Licensed Group Homes for the Developmentally Disabied.
A single family home for the exclusive use of not more than eight develop-
mentally disabled persons. Developmentally disabled shall mean those
persons having cerebal palsy, multiple sclerosis, mental retardation,
antism and epilepsy.
Section 3. Chapter 10 of the Code of the Town of Firestone is hereby amended
by the addition of a new Section 10-37.6 to read as follows:
10-37.6 Special Use Permits.
A. Intent. This Section shall be known as "Special Use Permits"
and is intended to provide a procedure and criteria to be used in determining
whether a proposed use is compatible and beneficial to surrounding
properties and inhabitants and not detrimental. In order for the special
use permit to be issued there must be a specific finding by the Board
of Trustees that the proposed use is compatible and beneficial to surrounding
properties and inhabitants and not detrimental.
B. Procedure. Whenever an applicant shall apply for a special use
permit, the following procedure shall be followed:
l. The applicant shall file an application with the Town Clerk
for a special use permit. The application shall contain the following
information:
a. Description of the lot on which the use is to be located.
b. Identification of the owners of the surface and mineral
rights owner.
c. Description of the use for which the special use permit
is sought.
d. A statement describing the benefits of the proposed
use, how that use will be compatible with surrounding uses and the
impact the use will have relative to the criteria as set forth.
e. A statement describing by name and address of the adjoining
landowners within the Town of Firestone.
2. Upon receipt of the application, the Town Clerk will set a
hearing date for the application before the Planning and Zoning Commission
and the Board of Trustees and shall advise the adjoining land owners
by mail of such hearing dates at least ten (10) days in advance of
such date. The Clerk shall also advertise such hearings in a newspaper
of general circulation in the Town of Firestone at least ten (10} days
before such hearing.
3. After hearing t"he application, the Planning and Zoning Com-
mission shall make written findings of fact and a written recommenda-
tion to the Board of Trustees. The Board of Trustees shall consider
the application, the findings of fact and recommendation of the Planning
and Zoning Commission, and any further evidence that may be offered
and shall grant or deny the permit in writing within fifteen (15) days
of its hearing.
-2-
' J
C. Criteria. The following criteria shall be considered in determin-
ing whether or not to grant a special use permit:
1. Will the proposed use be in harmony and compatible with the
character of the surrounding neighborhood;
2. Will the proposed use be consistent with the Firestone
comprehensive plan;
3. Will the proposed use have a material adverse affect on Firestone
capital improvement programs;
4. Will the proposed use result in an over-intensive use of
the land;
5. Will the proposed use result in undue traffic congestion
or hazards;
6. Will the proposed use cause significant air, water or noise
pollution;
7. Will the proposed use require a level of community facilities
and services greater than that available;
8. Will the proposed use be detrimental to the hea1th, safety
or welfare of current or future inhabitants of the Town of Firestone.
Section 4. Repeal of Conflicting Provisions. All ordinances, resolutions,
motions and provisions of the Code of the Town of Firestone and Firestone
Board of Trustees, or parts thereof in conflict with the provisions of this
Ordinance are to the extent of such conflict hereby superseded and repealed.
Section 5. Severability. The sections of this Ordinance are hereby declared
to be severable, and if any section, provision, or part thereof shall be
held unconstitutional or invalid, the remainder of this Ordinance shall
continue in full force and effect, it being the legislative intent that
this Ordinance would have been adopted even if such unconstitutional or
invalid matter had not been included herein. lt is further declared that
if any provision or part hereof or the application thereof to any person
or circumstances, is held invalid, the remainder of this Ordinance and the
application thereof to other persons sha11 not be effected thereby.
Approved, adopted and ordered published o~y~t eading by the Firestone
Board of Trustees on this ~day of~~-~=~-~~-~~==---' 1985.
Mayor
-3-
ORDINANCE,. ~o. '. '-If .
AN ORDINANCE AMENDING THE CODE OF THE TOWN OF FIRESTONE, CHAPTER 12 ENTITLED
TRAFFIC, BY THE ADDITION OF SUBSECTIONS TO THE MODEL TRAFFIC CODE, 1977
EDITION.
BE IT ORDAINED BY THE BOARD.OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD
COUNTY, COLORADO:
Section 1. The Model Traffic Code, 1977 Edition, as adopted by the Town
of Firestone.is hereby amended by the addition of the following subsections:
Sec. 11-4. As defined herein, no trailer, trailer coach or mobile
home or any trailer under 2000 pounds, shall be parked, detached on
any public right-of-way in the Town.
Sec. 11-5. No bus, trailer coach, mobile home, self-propelled motor
home or recreational vehicle shall be used for living, sleeping or
residing on any street or public right-of-way within the Town.
Section 2. Repeal of Conflicting Provisions. All ordinances, resolutions,
motions and provisions of the Code of the Town of Firestone, and Firestone
Board of Trustees, or parts thereof in conflict with the provisions of
this Ordinance are, to the extent of such conflict, hereby superseded and
repealed.
Section 3. Severability. The sections of this Ordinance are hereby declared
to be severable, and if any section, provision, or part thereof shall
be held.unconstitutional or invalid, the remainder of this Ordinance shall
continue in full fo.rce and effect, it being the legislative intent that
this Ordinance would have been adopted even if such unconstitutional or
invalid matter had not been included herein. It is further declared that
if any provision or part hereof or the application thereof to any person
or circumstances, is held invalid, the remainder of this Ordinance and
the application thereof to other persons shall not be .effected thereby.
In the opinion of the Firestone Board of Trustees, Weld County, Colorado,
this Ordinance is necessary for the immediate protection and preservation
of the public health, safety, convenience, and general welfare, and it
is enacted for that purpose and shall be in full force and effect after
passage and final publication.
Approved, adopted and ordered published by the Firestone Board of Trustees
on this /,?I tp day of ~ · , 1985.
ATTEST:
= /4?«~ ,/k~d
Town Clerk
ORDINANCE NO. J J j{
AN ORDINANCE LEVYING TAXES FOR THE YEAR 1986, TO DEFRAY THE·COSTS OF
MUNICIPAL GOVERNMENT OF FIRESTONE, COLORADO, FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 1986, AND ENDING DECEMBER 31, 1986.
WHEREAS, the Board of Trustees of the Town of Firestone, has considered a
budget for the fiscal year beginning January 1, 1986, .and ending December
31, 1986; and
WHEREAS, the Board of Trustees had determined that the proper mill levy
upon each dollar of the assessed valuation of all taxable property within
the .Town is ,;JP, Vt' mills.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. That for the purposes of defraying the expenses of the
General Fund of Firestone, Colorado, during the fiscal year beginning
January 1, 1986, and ending December 31, 1986, there is hereby levied a
tax of 12.376 mills upon each dollar of the total assessed valuation of
all taxable property within the Town of Firestone for the year 1986.
Section 2. That for the purpose of defraying the expense of paying
the interest upon and principal of outstanding bonds of the Town of
Firestone coming due·in the fiscal year beginning January 1, 1986, and
ending December 31, 1986, there is hereby levied a tax of 15A34 mills
upon each dollar of the total assessed valuation of all taxable property
within the Town of Firestone for the year 1986.
Section 3. That the Town Clerk is hereby.authorized and directed
. to immediately certify to the County Commissioners of Weld.County,
Colorado, the total tax levy for the Town of Firestone, Colorado, as is
herein set forth.
Section 4. In the opinion of the Board of Trustees of the Town of
Firestone, Weld County, Colorado, this Ordinance is necessary for the
immediate protection and preservation.of the public health, safety,
convenience, and general welfare, and it is enacted for that purpose and
shall be in full force and effect after passage and final publication.
INTRODUCED, READ, AND ADOPTED on this /4? th.day of October,
· A.D., 1985.
MAYOR
ATTEST:
ORDINANCE NO. ;,2,f.:j
AN ORDINANCE PERTAINING TO AND REGULATING WATER CONNECTION, CAPITAL INVEST-
MENT AND REPAIR, AND REQUIRED WATER METER SIZING, AMENDING SECTION 11, OF
CHAPTER 13 OF THE CODE OF THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF .THE TOWN OF FIRESTONE, WELD
COUNTY, COLORADO:
Section 1. Section 11, Chapter 13 of the Code of the Town of Firestone
is hereby amended to read as follows:
13-11, Water Connection Charges Established.
A,· There is hereby imposed a uniform capital investment and repair,
water acquisition and connection charge, for residential, commercial
and industrial users, payable upon application for a water tap in the Town
of Firestone as follows:
METER SIZE CONNECTION WATER CAPITAL INVESTMENT .TOTAL
CHARGE ACQUISITION & REPAIR
5/8" $ 1 SQQ . .illl $750.00 $600.00 $ Jl5Q
3/4" $ 2800 . 00 $850.00 $600.00 $ 425D
l" $ 5800 • .QQ_ $950.00 $600.00 $ Z35D
Tap fees for taps requiring a meter larger than l" shall be determined
·---9Q
• _ill)
,_ill)
by the Board of Trustees of the Town of Firestone on an individual circumstance
considering such factors as type of use, contemplated volume demand for water,
effect on the entire water system in the Town and.all other factors relevant
to the application.
Section 2. All Ordinances, Resolutions, and Motions of the Board of Trustees
of the Town of Firestone or parts thereof, in conflict with the provisions
of this Ordinance, are to the extent of such conflict hereby superseded
and repealed.
Section 3. The sections of this Ordinance are hereby declared to be
severable, and if any section, provision, or part thereof shall be held
unconstitutional or invalid, the remainder of this Ordinance shall continue
in full force and effect, it being the legislative intent that this Ordinance
would have been adopted even if such unconstitutional or invalid matter
had not been included therein. It is further declared that if any provision
or part of this section, or the application thereof to any person, or
circumstances, is held invalid, the remainder of this Ordinance and the
application thereof to other persons shall not be effected thereby.
In the opinion of the Board of Trustees of the Town of Firestone, Weld
County, Colorado, this Ordinance is necessary for the immediate protection
and preservation of the public health, safety, convenience, and general
welfare, and to bring tap fees wi.thin current market standards, and it
is enacted for that purpose and shall be in full force and effect after
passage and publication.
I
'
Approved, adopted, and ordered published by the Board of Trustees of
the Town of Firestone on the ----3,...S day of c ~ • , 1985.
MAYOR
ATTEST:
( S E A L )
-2-
j
AN ORDINANCE ADOPTING THE BUDGET FOR THE TOWN OF FIRESTONE, COLORADO FOR
THE FISCAL YEAR BEGINNING THE 1st DAY OF JANUARY, 1986, AND ENDING ON THE
LAST DAY OF DECEMBE.R, 1986, ESTIMATING THE AMOUNT OF MONEY NECESSARY TO
BE RAISED BY TAX LEVY BASED ON THE SAID BUDGET SO ADOPTED; ESTIMATING THE
AMOUNT OF MONEY TO BE DERIVED FROM OTHER REVENUE SOURCES; SETTING FORTH
THE ESTIMATED EXPENDITURES FOR EACH FUND, AND DECLARING AN EMERGENCY.
WHEREAS, the Circuit Rider City Manager hes been designated to
prepare the annual budget for Firestone, Colorado, for the fiscal year
beginning January 1, 1986, and ending December _31, 1986, and hes prepared
said budget and submitted it to the Board of Trustees; and
WHEREAS, the Board of Trustees hes considered ell relevant factors
concerning the budget; and_
WHEREAS, the Board of Trustees is required by state law to adopt an
annual budget prior to December 31, 1985.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES FOR THE TOWN
OF FIRESTONE, COLORADO:
Section 1. That -the estimated revenue for the various funds of the
Town of Firestone is:
General Fund
Street & Highway Fund
Revenue Sharing Fund
Perk Fund
Special Assessment Fund
Police Pension Fund
Conservation Trust Fund
Weter Fund
TOTAL
195,649
666,016
12,098
8,762
57,862
18,705
7,176
446,947
$1,413,215
Section 2. That the estimated expenditures for each fund of the
Town of Firestone ere es follows:
General Fund
Street & Highway Fund
Revenue Sharing Fund
.Perk Fund
Special Assessment Fund
Police Pension Fund
Conservation Trust Fund
Water Fund
TOTAL
195,649
650,368
12,098
8,762
36,086
0
7,001
446,947
$ 1,356,911
Section 3. That the budget for the Town of Firestone, Colorado,
for the fiscal year beginning January 1, 1986, and ending December 31,
1986, es heretofore submitted to the Board of Trustees by the Circuit
./ •
•' ~ '~ ,,
Rider City Manager, BIJd as changed and amended by said Board of Trustees
be, and the same hereby is adopted and approved as the budget for the
Town of Firestone for said fiscal year.
Section 4.· That the budget herein. approved and adopted shall be
signed by the Mayor and the Town Clerk and made a part of the public ·
records· of the Town of Firestone.
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance is necessary for the immediate
protection and preservation of the public health, safety, convenience,
and general welfare, and it.is enacted for that purpose and shall be in
full force and effect after passage and final publication. ·
INTRODUCED, READ AND ADOPTED this 1/z_ day of ...::)_::.........<J...,Jl,-C""-,.."'-----
A. D., 1985.
Mayor
ATTEST:
ORDINANCE NO .. £2JS
AN ORDINANCE APPROPRIATING SUMS OF MONEY TO DEFRAY EXPENSES AND
. LIABILITIES OF THE TOWN OF FIRESTONE, COLORADO, FOR THE FISCAL YEAR
BEGI.NNING JANUARY, 1, 1986, AND ENDING ON DECEMBER 31, 1986, AND
DECLARING AN EMERGENCY.
WHEREAS, the Board of Trustees of the Town of Firestone, Colorado,
has by ordinance made the proper tax levy upon each dollar of the total
assessed valuation of all taxable property within the Town, such levy
representing the amount of taxes for the Town's purposes necess~ry to
provide for payments during the 1986 fiscal year of all properly
authorized demands upon the Treasury; and
WHEREAS, the Board of Trustees of the Town of Firestone, Colorado,
is now desirous of making appropriations for the ensuing fiscal year of
1986; and
WHEREAS, the Board of Trustees is required by state law to adopt an
annual appropriations ordinance prior to December 31, 1985.
Section 1. The following appropriations are hereby made for the
Town of Firestone, Weld County, Colorado, for the fiscal year beginning
January 1, 1986, and ending on December 31, 1986:
General Fund
Street & Highway Fund .
Revenue Sharing Fund
Park Fund
Special Assessment Fund
Police Pension Fund
Conservation Trust Fund
Water Fund
TOTAL
195,649
650,368
12,098
8,762
36,086
0
7,001
446,947
$1,356,911
Section 2. That the budget herein approved and adopted shall be
signed by the Mayor and the Town Clerk and made a part of the public
records of the Town of Firestone.
In -the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance is necessary for the immediate
protection and preservation of the public health, safety, convenience,
and general welfare, and it is enacted for that purpose and shall be in
full force and effect after passage and final publication.
INTRODUCED, READ AND ADOPTED this Jiz._ day of &200,r
A. D,, 1985.
Mayor
ATTEST:
Town Clerk
ORDINANCE NO. d_!d
AN ORDINANCE PROVIDING FOR THE CONSUMMATION OF A LONG TERM LEASE-PURCHASE
AGREEMENT RELATIVE TO A TRACTOR, LOADER AND BLADE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD
COUNTY, COLORADO:
Section 1. The Board of Trustees of the Town of Firestone have determined
it necessary for general maintenance of the Town streets, water lines,
and other Town property, to obtain a tractor, blade, and loader on a
long term lease-purchase arrangement.
Section 2. The equipment to be obtained is specifically described as
follows:
1 Model 240; Serial Number 558417; Tractor ST 119945
1 Mode 232; Serial Number 578; Loader ST 120182
1 Model 227; Serial Number 3301; Blade 8' ST 119903
Tractor equipped with ROPS, block heater, heathouser, tire chasis
Section 3. The terms of the lease-purchase are as follows: Total amount
of $14,000.00; interest rate at 9.0% (with provision for fluctuation
should the I.R.S. regulations deem the interest to be taxable); term
of five (5) years total, including four (4) automatic one (1) year renewals;
quarterly payments of $857.69 commencing January 1, 1986; lessor to be
the United Bank of Greeley, Leasing Division, 1000 -10th Street, Greeley,
Colorado 80631.
Section 4. The Mayor and Town Clerk are authorized to execute the above-
described lease-purchase agreement on behalf of the Town of Firestone.
Section 5. If any part or parts of this Ordinance are for any reason
held to be invalid, such decision shall not effect the validity of the
remaining portions of this Ordinance. The Board of Trustees hereby declare
that it would have passed this Ordinance and each part or parts thereof,
irrespective of the fact that any one part or parts are declared invalid.
Approved, adopted a_nd/~rdered published by the Board of Trustees this
J~day of ~/41<,,f,:h./ , 1985.
Mayor
ATTEST:
( S E A L )
~ ";: .._:. ,,:,
-~:1
ORDINANCE NO. 217
AN ORDINANCE PERTAINING TO MONTHLY WATER RATES FOR VARIOUS SIZE TAPS IN
THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO.
BE IT ORDAINED BY THE TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, STATE
OF COLORADO:
Section 1. Amendment of Water Service Charges. Section 12 of Chapter 13
of the Code of the Town of Firestone is amended to read as follows:
METER
SIZE
5/8"
3/4"
l"
13-12. Water Service Charge. There shall be assessed and-charged
for the use of water measured through a meter, per month, from any
of the water lines, water mains, or water system of the Town of Firestone,
rates .and rentals, as follows:
MONTHLY
MINIMUM
CHARGE FOR 5,000-15,000 15,000-20,000 OVER 20,000
FIRST PER 1,000 PER 1,000 PER 1,000
5,000 GALLONS GALLONS USED GALLONS USED GALLONS USED
$21. 00 1.10 1.20 1.30
$31.00 1.10 1.20 1. 30.
$54.70 1.10 1.20 1.30
1-1/2" $74.00 1.10 1.20 1.30
2" $125.00 1.10 1.20 1.30
3" 1/245.00 1.10 1.20 1.30
Section 2. Repeal of Inconsistent Ordinances. All Ordinances, Resolutions,
and Motions· of the Board of Trustees· of-the Town of Firestone or parts
thereof, in conflict with the provisions of this Ordinance, are to the
extent of such conflict hereby superseded and repealed as of February 1,
1986.
Section 3. Severability. The Sections of this Ordinance are hereby declared
to be severable, and if any Section, provision, or part thereof shall be
held unconstitutional or invalid, the remainder of this Ordinance shall
continue in full force and effect, it being the legislative intent that
this Ordinance would" have been adopted even if such unconstitut,ional or
invalid matter had not been included therein. It is further declared that
if any provision or part of this Section, or the application thereof to
any person· or .circumst,mces, is held invalid, the remain_der_ of this Ordinance
and the application thereof to other persons shall not be affected thereby.
Section 4. Effective Date. The rates set forth in this Ordinance shall
take effect as of February 1, 1986.
In the opinion of the Firestone Board of Trustees, Weld County, Colorado,
this Ordin_ance is necessary for-the immediate protection and preservation
of the public health, safety convenience, and general welfare, and i_t
is enacted for that purpose and shall be in full force and effect after
passage and final publication and according to the effective dates set
forth herein.
Approved, adopted, and ordere'klublished by t Board of'Trustees of, the
Town of Firestone on this 9 day of -,-#~;z,::~~:.,:_---'-'--"--; 1986.
ATTEST:
( S E A L )
.\
ORDINANCE NO. $,/ 1{J
AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF THE TOWN OF FIRESTONE
PERTAINING TO DUE DATE AND DELINQUENCY CHARGES ON WATER BILLINGS.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD
COUNTY, COLORADO:
Section 1. Section 13-14 of Chapter 13 of the Code of the Town of Firestone
is hereby repealed and reenacted to read as follows:
13-14. Water Charges Payable -Delinquency Charge.
A. Water charges shall be due no later than the last business day
of the month in which the water billing is mailed to the customer.
A five ($5.00) dollar late charge shall be assessed on any account
not paid on or before the due date.
B. A shutoff notice shall be given to each water-customer who is
delinquent and water service shall be terminated for the water customer
receiving such shutoff notice after ten (10) days from the date of
notice unless:
1. The delinquent bill, including late charge, is paid prior
to the expiration of ten (10) days; or
2. The customer has appeared before the City Clerk and shown
good cause why the charges are not due within the ten (10) day
time period.
Section 2. Repeal of Conflicting Provisions. All ordinances, resolutions,
motions and prov'isions of the Code of the Town of ]:'irestone, and Firestone
Board of Trustees, or parts thereof in conflict with the provisions of
this Ordinance are, to the extent of such conflict, hereby superseded
and repealed.
Section 3. Severability. The sections of this Ordinance are hereby
declared to be severable, and if any section, provision, or part thereof
shall be held unconstitutional or invalid, the remainder of this Ordinance
shall continue in full force and effect, it being the legislative intent
that this Ordinance would have been adopted even if such unconstitutional
or invalid matter had not been included herein. It is further declared
that if any provision or part hereof or the application thereof to any
person or circumstances, is held invalid, the remainder of this Ordinance
and the application thereof to other persons shall not be effected thereby.
In the opinion of the Firestone Board of Trustees, Weld County, Colorado,
this Ordinance is necessary for the immediate protection and preservation
of the public health, safety, convenience, and general welfare, and it
is enacted for that purpose and shall be in full force and effect after
passage and final publication.
Approved, adopted and ordered published by the Firestone
Trustees on this ~ day of,..,._441:pz , 1986.
TOWN OFF ESTONE, By:
tQ
Mayor
ATTEST:
-2-
Board of
ORDINANCE NO. s-z!/ f
AN ORDINANCE OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO,
PROVIDING: FOR IMPLEMENTATION OF A SALES AND USE TAX IN THE TOWN OF
FIRESTONE ON TANGIBLE PERSONAL PROPERTY SALES AT RETAIL AND -THE
FURNISHING OF SERVICES; FOR EXEMPTIONS; FOR COLLECTION AND
ENFORCEMENT; FOR PENALTIES FOR NON-COMPLIANCE; FOR HEARING
PROCEDURES ON TAXPAYER CONTESTS; FOR SUBMISSION OF THE ORDINANCE TO
THE VOTERS FOR APPROVAL OR DISAPPROVAL; FOR AN EFFECTIVE DATE OF
JULY 1, 1986.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO.
Section 1. The Code of the Town of Firestone is hereby amended by
the addition of Sections 6-20 through 6-36, inclusive, as follows:
6-20 Purpose. The purpose of this Ordinance shall be to impose
a sales tax on the sale of tangible personal prop~rty at retail or
the furnishing of services in the Town of Firestone as provided
herein and to impose a use tax for the privilege of using or
consuming in the Town of Firestone any construction and building
materials purchased at retail or for the privilege of storing,
using or consuming in the Town of Firestone any motor and other
vehicle purchased at retail on which registration is required or
both, all as provided in C.R.S. 29-2-101, et. sequiter.
6-21 Definitions. For purposes of this Ordinance, the
definitions of words contained herein shall be as defined in
Colorado Revised Statutes, Section 102, Article 26 of Title 39, and
such definitions are incorporated into this Ordinance.
6-22 Applicability. This Ordinance shall take effect July 1, .,
1986, and shall apply to:
A. A sales tax on the sales of tangible personal property,
and services in the Town of Firestone that are taxable pursuant to
Section 39-26-114, C.R. S., together with amendments thereto and
subject to the same exemptions as those specified in Section
39-26-114, C.R.S., including:
1)
2)
the exemption of machinery or machine tools as
provided in C.R.S. 39-26-114(11); and
the exemption of sales and purchases of
electricity, coal, wood, gas, fuel oil, or
coke, sold but not for resale as set forth in
C.R.S. 39-26-114(l)(a)(XXI); and
1
3) the exemption for all sales of food as set forth
in C.R.S. 39-26-114(l)(a)(XX) and as defined in
C.R.S. 39-26-102(4.5); and
4) all sales of personal property on which a specific
ownership tax has been paid or is payable shall
be exempt from said sales tax when such sales
meet both of the following conditions:
(a) The purchaser is a nonresident of or has his
principal place of business outside of the local
taxing entity; and
(b) Such personal property is registered or
required to be registered outside the limits of
the local taxing entity under the laws of this
state.
5) In addition, no sales tax shall apply to the sale of
construction and building materials, as the term is
used i'n C.R.S. 29-2-109, if such materials are picked
up by the purchaser and if the purchaser of.such
materials presents to the retailer a building permit
or other documentation acceptable to such local
government evidencing that a local use tax has been
paid or is required to be paid.
· 6) No sales tax shall apply to the sale of tangible
personal property at retail or the furnishing of
services if the transaction was previously
subjected to a sales or use tax lawfully imposed
on the purchaser or user by aother s'tatutory or
home rule city and county, city, or town. A
credit shall be granted against the sales tax
imposed by the subsequent statutory or home rule
city and county, city, or town with respect to
such transaction equal in amount to the lawfully
imposed local sales or use tax previously paid by
the purchaser or user to the previous statutory ·
or home rule city and county, city, or town. The
amount of the credit shall not exceed the sales
tax imposed by the subsequent statutory or home
rule city and county, city or town.
B. A use tax on the use or consumption in the Towr:i of
Firestone of any construction and building materials purchased at
retail or for the privilege of storing, using, or consuming in
Firestone any motor or other vehicles, purchased at retail on which
registration is required except the use tax shall not apply:
2
1) To the storage, use, or consumption of any
tangible personal property the sale of which is
subject to a retail sales tax imposed by Firestone;
2) To the storage, use, or consumption of any
tangible personal property purchased for resale in
Firestone, either in its original form or as an
ingredient of a manufactured or compounded product,
in the. regular course of a business.;
3) To the storage, use, or consumption of tangible
personal property brought into Firestone by a
nonresident thereof for his own storage, use, or
consumption while temporarily within Firestone;
however, this exemption does not apply to the
storage, use, or consumption of tangible personal
property brought into this state by a nonresident to
be used in the conduct of a business in this state;
4) To the storage, use, or consumption of tangible
personal property by the United States government,
or the state of Colorado, or its institutions, or
its political subdivisions in their governmental
capacities only or by religious or charitable
corporations in the conduct of their regular
religious or charitable functions;
5) To the storage, use, or consumption of tangible
personal property by a person engaged in the
business of manufacturing or compounding for sale,
profit, or use any article, substance, or commodity,
which tangible personal property enters into the
processing of or becomes an ingredient or
component part of the product or service which is
manufactured, compounded, or furnished and the
container, label, or the furnished shipping case
thereof;
6) With respect to the use tax of Firestone to the
storage, use, or consumption of any article of
tangible personal property the sale or use of which
has already been subjected to a legally imposed sales
or use tax of another statutory or home rule town,
city, or city and county equal to or in excess of
that imposed by this article, a qredit shall be
granted against the use tax imposed by this
article with respect to ·a person's storage, use,
or consumption in the town or city of tangible
personal property purchased by him in a previous
statutory or home rule town, city, or city and
3
6-23
county. The amount of the credit shall be equal
to the tax paid by him by reason of the imposition
of a sales or use tax of the previous statutory
or home rule town, city, or city and county of
his purchase or use of the property. The amount of
the credit shall not exceed the tax imposed by this
Ordinance.
7) To the storage, use, or consumption of tangible
personal property and household effects acquired
outside of Firestone and brought into it by a
nonresident acquiring residency;
8) To the storage or use of a motor vehicle if ·the
owner is or was, at the time of purchase, a
nonresident of Firestone and he purchased the vehicle
outside of Firestone for use outside Firestone and
actually so used it for a substantial and primary
purpose for which it was acquired and he registered,
titled, and licensed said motor vehicle outside of
Firestone;
9) To the storage, use, or consumption of any
construction and building materials and motor and
other vehicles on which registration is required if
a written contract for the purchase thereof was
entered into prior to the effective date of such
use tax;
10) To the storage, use, or consumption of any
construction and building materials required or
made necessary in the performance of any construction
contract bid, let, or entered into at any time prior
to the effective date of such use tax ordinance,
resolution, or proposal;
11) To the storage of construction and building
materials.
Amount of Tax.
A. There is imposed on all sales of tangible personal
property at retail or furnishing of services in the Town of
Firestone except as provided herein, a tax equal to two percent
(2%) of the gross receipts of:
1) All retail sales are consummated at the place of
business of the retailer unless the tangible
personal property sold is delivered by the
4
retailer or his agent to a destination outside the
limits of Firestone or to a common carrier for
delivery to a destination outside the limits of
Firestone. The gross receipt from such sales shall
include delivery charges when such charges are
subject to the state sales and use tax imposed by
Article 26 of Title 39, C.R.S., regardless of the
place to which delivery is made. If a retailer has
no permanent place of business in Firestone or has
more than one place of business, the place at which
the retail sales are consummated for the purpose of a
sales tax imposed by this Ordinance shall be
determined by the provisions of Article 26 of Title
39, C.R.S., and by rules and regulations promulgated
by the Department of Revenue.
2) The amount subject to tax shall not include the
amount of any sales or use tax imposed by Article
26 of Title 39, Colorado Revised Statutes.
B. There is imposed a use tax on the use or consumption of
any construction and building materials purchased at retail or for
the privilege of storing, using, or consuming in Firestone any
motor or other vehicles, purchased at retail on which registration
is required, of two percent (2%) except as otherwise provided
herein, but the amount subject to tax shall not include the amount
of any sales or use tax imposed by Article 26 of Title 39, Colorado
Revised Statutes.
6-24 Sales Tax Collection-Administration-Enforcement. The
collection, administration, and enforcement of the Firestone sales
tax shall be performed by the Executive Director of the Department
of Revenue in the same manner as the collection, administration,
and enforcement of the Colorado State sales tax. Unless otherwise
provided in this Ordinance or by state law, the provisions of
C.R.S. Article 26 of Title 39, shall govern the collection,
administration, and enforcement of sales taxes authorized under
this Ordinance.
6-25 Use Tax-Collection-Administration-Enforcement. The
collection, administration, and enforcement of the use tax imposed
by this Ordinance shall be performed by the Town Clerk, an
authorized agent of the Department of Revenue, or by such
intergovernmemntal agreements as the Mayor, on behalf of the Town
of Firestone, may enter into when approved by the Board of
Trustees. Such collection, administration, and enforcement shall be
in compliance with any applicable state law.
6-26 Appeal of Deficiency Notice. The taxpayer receiving a
deficiency notice or claim for refund-final decision from the Town.
5
of Firestone, may elect a state hearing on such decision within 30
days after the making of such final decision pursuant to the
procedures set forth in C.R.S. 29-2-106.1.
6-27 Relationship to Other Sales and Use Tax. In the event the
seven percent limitation on total sales tax or total use tax
provided in C.R.S. 29-2-108 is. to be exceeded in Firestone, it
shall not exceed the limitation by more than one percent.
6-28 Retail License--Required--Issuance--Term. It shall be
unlawful for any person to engage in the business of selllng
tangible personal property at retail without first having obtained
a license therefor. Such license shall · be granted and issued by
the Town Clerk and shall be in force and effect until the
thirty-first day of December of the year in which it is issued,
unless sooner revoked.
6-29 Retail License--Required--For Separate Places of Business.
In case business is transacted at more than one premise by one
person, a separate license for each separate place of business
shall be required.
6-30 Retail License--Application Required--Contents. Such
licenses shall be granted and renewed only upon application stating
the name and address of the person desiring such a license, the
name of such business, and the location and such other facts as the
Town Clerk may require.
6-31 Retail License--Renewal--Licensee' s Duties. It shall be
the duty of each licensee, on or before January 1st of each year
during which this chapter remains in effect, to obtain a renewal of
such license if the licensee remains in the retail business or
liable to account for the tax provided in this Ordinance, but
nothing contained in this Ordinance shall be construed to empower
the Town Clerk to refuse such renewal except revocation for cause
of licensee's prior license.
6-32 Retail License--Fee. For each license issued under this
Ordinance, a fee of Two Dollars ($2.00) shall be paid, which fee
shall accompany the application. A further fee of Two Dollars
($2.00) shall be paid for each year or fraction thereof for which
the license is renewed.
6-33 Unlicensed Sale Prohibited. Any person engaged in the
business of selling tangible personal property at retail in the
city, without having secured a license therefore, except as
specifically provided herein, shall be guilty of a violation of
this chapter.
6
6-34 Regulations--Amendement Procedure. The Board of Trustees
may amend, alter or change this chapter, except as to the ,,J, 'l,1
percent rate of tax herein imposed, subsequent to adoption by a
majority. Such abatement, alteration or change need not be
submitted to the electors of the Town for their approval.
6-35 Voter Approval. Final passage and adoption of this
Ordinance shall be subject to the approval of a majority of the
voters of the Town of Firestone casting ballots in the regular Town
election on April 1, 1986.
6-36 Violation. Any person, firm, or corporation violating
this Code or any provision of applicable state law, is guilty of a
violation of this Ordinance and, upon conviction thereof, shall be
punished by a fine of not more than Three Hundred and No/lOOths
($300.00) Dollars, or by imprisonment for not more than ninety (90)
days, or by both such fine and imprisonment.
Section 2. All Ordinances, Resolutions, and Motions of the Board
of Tr.ustees of the Town of Firestone or parts thereof, in conflict
with the provisions of this Ordinance, are to the extent of such
conflict hereby superseded and repealed.
Section 3. The Sections of this Ordinance are hereby declared to
be severable, and if any section, provision, or part thereof shall
be held unconstitutional or invalid, the remainder of this
Ordinance shall continue in full force and effect, it being the
legislative intent that this Ordinance would have been adopted even
if such unconstitutional or invalid matter had not been included
therein. It is further declared that if any provision or part of
this Ordinance, or the application thereof to any person or
circumstance, is held invalid, the remainder of this Ordinance and
the application thereof to other persons shall not be 'effected
thereby.
7
Approved, adopted,_ and ordered publish~
of the Town of Firestone on this /!;J
1986.
MAYOR:
ATTEST:
8
by the
day of
Board of Trustees
ci?&uAU~
ORDINANCE NO. J/9
AN ORDINANCE OF ~HE TOWN OF FIRESTONE, WELD COUNTY, COLORADO,
PROVIDING: FOR IMPLEMENTATION OF A SALES AND USE TAX IN THE TOWN OF
FIRESTONE ON TANGIBLE PERSONAL PROPERTY SALES AT RETAIL AND THE .
FURNISHING OF SERVICES; FOR EXEMPTIONS; FOR COLLECTION AND
ENFORCEMENT; FOR PENALTIES FOR NON-COMPLIANCE; FOR HEARING
PROCEDURES ON TAXPAYER CONTESTS; FOR SUBMISSION OF THE ORDINANCE TO
THE VOTERS FOR APPROVAL OR DISAPPROVAL; FOR AN EFFECTIVE DATE OF
JULY 1, 1986.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN .OF FIRESTONE,
WELD COUNTY, COLORADO.
Section 1. The Code of the Town of Firestone is hereby amended by
the addition of Sections 6-20 through 6-36, inclusive, as follows:
6-20 Purpose. The purpose of this Ordinance shall be to impose
a sales tax on the sale of tangible personal property at retail or
the furnishing of services in the Town of Firestone as provided
herein and to impose a use tax for the privilege of using or
consuming in the Town of Firestone any construction and building
materials purchased at retail or for the privilege of storing,
using or consuming in the Town of Firestone any motor and other
vehicle purchased at retail on which registration is required or
both, all as provided in C.R.S. 29-2-101, et. sequiter.
6-21 Definitions. For purposes of this Ordinance, the
definitions of words contained herein ~hall be as defined in
Colorado Revised Statutes, Section 102, Article 26 of Title 39, and
such definitions are incorporated into this Ordinance.
6-22 Applicability. This Ordinance shall take effect July 1,
1986, and shall apply to:
A. A sales tax on the sales of tangible personal property,
and services in the Town of Firestone that are taxable pursuant to
Section 39-26-114, C.R.S., together with amendments thereto and
subject to the same exemptions as those specified in Section
39-26-114, C.R.S., including:
1) the exemption of machinery or machine tools as.
provided in C.R.S. 39-26-114(11); and
2) . the exemption of sales and purchases of
electricity, coal, wood, gas, fuel oil, or
coke, sold but not for resale as set forth in
C.R.S. 39-26-114(l)(a)(XXI); and
1
3) the exemption for all sales of food as set forth
in C.R.S. 39-26-114(l)(a)(XX) and as defined in
C.R.S. 39-26-102(4.5); and
4) all sales of personal property on which a specific
ownership tax has been paid or is payable shall
5)
be exempt from said sales tax when such sales
meet both of the following conditions:
(a) The purchaser is a nonresident of or has his
principal place of business outside of the local
taxing entity; and
(b)' Such personal property is registered or
required to be registered outside the limits of
the local taxing entity under the laws of this
state.
In addition, no sales tax shall apply to the sale of
construction and building materials, as the term is
used in C.R.S. 29-2-109, if such materials are picked
up by the purchaser and if the purchaser of such
materials presents to the retailer a building permit
or other documentation acceptable to such local
government evidencing that a local use tax has been
paid or is required to be paid.
6) No sales tax' shall apply to the sale of tangible
personal property at retail or the furnishing of
services if the transaction was previously
subjected to a sales or use tax lawfully imposed
on the purchaser or user by aother statutory or
home rule city and county, city, or town. A
credit shall be granted against the sales tax
imposed by the subsequent statutory or home rule
city and county, city, or town with respect to
such transaction equal in amount t~ the lawfully
imposed local sales or use tax previously paid·by
the purchaser or user to the previous statutory
or home rule city and county, city, or town. The
amount of the credit shall not exceed the sales
tax imposed by the subsequent statutory or home
rule city and county, city or town ..
B. A use tax on the use or consumption in the Town of
Firestone of any construction and building materials purchased at
retail or for the privilege of storing, using, or consuming in
Firestone any motor or other vehicles, purchased at retail on which
registration is required except the use tax shall not apply:
2
1) To the storpge, use, or consumption of any
tangible personal property the sale of which is
subject to a retail sales tax imposed by Firestone;
2) To the storage, use, or consumption of any
tangible personal property purchased for resale in
Firestone, either in its original form or as an
ingredient of a manufactured or compounded product,
in the regular course of a busin'ess;
3) To the storage, use, or consumption of tangible
personal property brought into Firestone by a
nonresident thereof for his own storage, use, or
consumption while temporarily within Firestone;
however, this exemption does not apply to the
storage, use, or consumption of tangible personal
property brought into this state by a nonresident to
be used in the conduct of a business in this state;
4) To the storage, use, or consumption of tangible
personal property by the United States government,
or the state of Colorado, or its institutions, or
its political subdivisions in their governmental
capacities only or by religious or charitable
corporations in the. conduct of their regular
religious or charitable functions;
5) To the storage, use, or consumption of tangible
personal property by a person engaged in the
business of manufacturing or compounding for sale,
profit, or use any article, substance, or commodity,
which tangible personal property enters into the
processing of or becomes an ingredient or
component P?rt of the prodµct or service which is
manufactured, compounded, or furnished and the
container, label, or the furnished shipping case
thereof;
6) With respect to the use tax of Firestone to the
storage, use, or consumption of any article of
tangible personal property the sale or use of which
has already been subjected to a legally imposed sales
or use tax of another statutory or home rule town,
city, or city and county equal to or in excess of
that imposed by this article, a credit shall be
granted against the use tax imposed by this
article with respect to a person's storage, use,
or consumption in the town or city of tangible
personal property purchased by him in a previous
statutory or home rule town, city, or city and
3
6-23
county. The amount of the credit shall be equal
to the tax paid by him by reason of the imposition
of a sales or use tax of the previous statutory
or home rule town, city, or ·city and county of
his purchase or use of the property. The amount of
the credit shall not exceed the tax imposed by this
Ordinance.
7) To the storage, use, or consumption of tangible
personal property and household effects acquired
outside of Firestone and brought into it by a
nonresident acquiring residency;
· 8) To the storage or use of a motor vehicle if the
owner is or was, at the time of purchase, a
nonresident of Firestone and he purchased the vehicle
outside of Firestone for use outside. Firestone and
actually so used it for a substantial and primary
purpose for which it was acquired and he registered,
titled, and licensed said motor vehicle outside of
Firestone;
9) To the storage, use, or consumption of any
construction and building materials and motor and
other vehicles on which registration is required i.f
a written contract for the purchase thereof was
entered into prior to the effective date of such
use tax 1.
10) To the storage, use, or consumption of any
construction and building materials required or
made necessary in the performance of any construction
contract bid, let, or entered into at any time prior
to the effective date of such use tax ordinance,
resolution, or proposal;
11) To the storage of construction and building
materials.
Amount of Tax.
A. There is imposed on all
property at retail or furnishing
Firestone except as provided herein,
(2%) of the gross receipts of:
sales of tangible personal
of services in the Town of
a tax equal to two percent
1) All •retail sales are consummated at the place of
business of the retailer unless the tangible
personal property sold is delivered by the
4
retailer or hi.s agent to a destination outside the
limits of Firestone or to a common carrier for
delivery to a destination outside the limits of
Firestone. The gross receipt from such sales shall
include delivery charges when such charges are
subject to the state sales and use tax imposed by
Article 26 of Title 39, C.R.S., regardless of the
place to which delivery is made. · If a retailer has
no permanent place of business in Firestone or has
more than one place of business, the place at which
the retail sales are consummated for the purpose of a
sales tax imposed by this Ordinance shall be
determined by the provisions of Article 26 of Title
39, C.R.S., and by rules and regulations promulgated
by the· Department of Revenue.
2) The amount subject to tax shall not include the
amount of any sales or use tax imposed by Article
26 of Title 39, Colorado Revised Statutes.
B. There is imposed a use tax on the use or consumption of
any construction and building materials purchased at retail or for
the privilege of . storing, ·using, or consuming in Firestone any
motor or other vehicles, purchased at retail on which registration
is required, of two percent (2%) except as otherwise provided
herein, but the amount subject to ·tax shall not include the amount
of any sales or use tax imposed by Article 26 of Title 39, Colorado
Revised Statutes.
6-24 Sales Tax Collection-Administration-Enforcement.· The
collection, administration, and enforcement of the Firestone sales
tax shall be performed by the Executive Director of the Department
of Revenue in the same manner as the collection, administration,
and enforcement of the Colorado State sales tax. Unless otherwise·
provided in this Ordinance or by state law, the provisions of
C.R.S. Article 26 of Title 39, shall govern the collection,
administration, and enforcement of sales taxes authorized under
this Ordinance ..
6-25 Use Tax-Collection-Administration-Enforcement. The
collection, administration, and enforcement of the use tax imposed
by this Ordinance shall be performed by the Town Clerk, an
authorized agent of. the Department of Revenue, or by such
intergovernmemntal agreements as the Mayor, on behalf of the Town
of Firestone,. may enter into when approved by the Board of
Trustees. Such collection, administration, and enforcement shall be
in compliance with any applicable state law.
6-26 Appeal of Deficiency Notice. The taxpayer receiving a
deficiency notice or claim for refund-final decision from the Town
5
of Firestone, may elect a state hearing on such decision within 30
days after the making of such final decision pursuant to the
procedures set forth in C.R.S. 29-2-106.1. · · 1.
6-27 Relationship to Other Sales and Use Tax. In the event the
seven percent limitation on total sales tax or total use ta~
provided in C.R.S. 29-2-108 is to be exceeded in Firestone, it
shall not exceed the limitation by more than one percent.
6-28 Retail License--Required--Issuance--Term. It shall be
unlawful for any person to engage in the business of selllng
tangible personal property at retail without first having obtained
a license therefor. Such license shall be granted and issued by
the Town Clerk and shall be in force and effect until the
thirty-first day of December of the year in which it is issued,
unless sooner.revoked.
6-29 Retail License--Required--For Separate Places of Business.
In case business is transacted .at more than one premise by one
person, a separate license for each separate place of business : shall be required.
6-30 Retail License--Application Required--Contents. Such
licenses shall be granted and renewed only upon application stating
the name and address of the person desiring such a license, the
name of such business, and the location and such other facts as the
Town Clerk may require.
6-31 Retail License--Renewal--Licensee' s Duties. It shall be
the duty of each licensee, on or before January 1st of each year
during which this chapter remains in effect, to obtain a renewal of
such license if the licensee remains in the retail business .or
liable· to account for the tax provided in this Ordinance, but
nothing contained in this Ordinance shall be construed to empower
the Town Clerk to refuse such renewal except revocation for cause
of licensee's prior license.
6-32 Retail License--Fee. For each license issued under this.
Ordinance, a fee of Two Dollars ($2.00) shall be paid, which fee
shall accompany the application. A further fee of Two Dollars
($2.00) shall be paid for each year or fraction thereof for which
the license is renewed.
6-33 Unlicensed Sale Prohibited. Any person .engaged in the
business of selling tangible personal property at retail in the
city, without having secured a license therefore, except as
specifically provided herein, shall be guilty of a violation of
this chapter.
6
6-34 Regulations--Amendement Procedure. The Board of Trustees
may amend, alter or change this chapter, except as to the ,;J ?'LJ
percent rate of tax herein imposed,. subsequent to adoption by a
majority. Such abatement, alteration or change need not be
submitted to the electors of the Town for their approval.
6-35 Voter Approval. Final passage and adoption of this
Ordinance shall be subject to. the approval of a majority of the
voters of the Town of Firestone casting ballots in the regular Town
election on April 1, 1986.
6-36 Violation. Any person, firm, or corporation violating
this Code or any provision of applicable state law, is guilty of a
violation of this Ordinance and, upon conviction thereof, shall be
punished by a fine of not more than Three Hundred and No/lOOths
($300.00) Dollars, or by imprisonment for not more than ninety (90)
days, or by both such fine and imprisonment.
Section 2. All Ordinances, Resolutions, and Motions of the Board
of Trustees of the Town of Firestone or parts thereof, in conflict
with the provisions of this Ordinance, are to the extent of such
conflict hereby superseded and repealed.
Section 3. The Sections of this Ordinance are hereby declared to
be severable, and if any section, provision, or part thereof shall
be held unconstitutional or invalid, the remainder of this
Ordinance shall continue in full force and effect, it being the
legislative intent that this Ordinance would have been adopted even
if such unconstitutional or invalid matter had not been included
therein. It is further declared that if any provision or part of
this Ordinance, or the application thereof to any person or
circumstance, is held invalid, the remainder of this Ordinance and
the application thereof to other persons shall not be effected
thereby.
7
. '
Approved, adopted, and ordered published by the Board of Trustees
of the Town of Firestone on this .{Jpe,, day of/4Lp7 ,
1986. . ·
MAYOR:~~
8
.,
ORDINANCE NO. ,;J._dlJ
AN ORDINANCE OF THE TOWN OF FIRESTONE, COLORADO, ADOPTING BY
REFERENCE THE WELD COUNTY BUILDING CODE, AS AMENDED, AND WHICH CODE
ADOPTS BY REFERENCE THEREIN AS SECONDARY CODES, THE UNIFORM
BUILDING CODE, 1985 EDITION, INCLUDING THE UNIFORM BUILDING CODE
APPENDIX, AND THE UNIFORM BUILDING CODE STANDARDS, 198 2 EDITION,
PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS;
AND THE UNIFORM MECHANICAL CODE AND APPENDICES A, B, AND C, 1985
EDITION, PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING
OFFICIALS; AND THE NATIONAL ELECTRICAL CODE, 1984 EDITION,
PROMULGATED BY THE NATIONAL FIRE PROTECTION ASSOCIATION; and THE
UNIFORM PLUMBING CODE AND APPENDICES A, B, C, D, E, AND HAND THE
INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL STANDARDS,
1985 EDITION, PROMULGATED BY THE INTERNATIONAL ASSOCIATION OF
PLUMBING AND MECHANICAL OFFICIALS; THE UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS, 1985 EDITION, PROMULGATED BY THE
INTERNATIONAL CONFERENCE OF THE BUILDING OFFICIALS AND THE
UNIFORM SWIMMING POOL CODE, 1985 EDITION, PROMULGATED BY THE
INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS;
PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THESE CODES
AND THIS ORDINANCE; SETTING FORTH AMENDMENTS TO THE PUBLISHED
CODES, IF ANY; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES;
PROVIDING FOR THE MAINTENANCE OF OFFICIAL COPIES OF SUCH CODES;
PROVIDING FOR THE SALE OF COPIES OF SUCH CODES; PROVIDING FOR THE
EFFECTIVE DATE OF THIS ORDINANCE AND THE CODES ADOPTED BY REFERENCE
HEREIN.
WHEREAS, the Board of Trustees of the Town of Firestone,
Colorado, has determined that it is necessary and expedient that
the above-referenced Codes be adopted for the health, safety and
welfare of the citizens and residents of the Town of Firestone,
Colorado, and
WHEREAS, the Statutes of the State of Colorado provide for the
adoption of such Codes by reference, therefore:
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. PART I. BUILDING CODE, Chapter 3, Sections 3-1,
3-2, 3-2.1, of the Code of the Town of Firestone is repealed and
re-enacted as follows:
PART I UNIFORM CODES
Section 3-1. Code Adopted. The Weld County Building Code, as
amended to January 7, 1986, by the Weld County Commissioners, Weld
County, Colorado, is hereby adopted and enacted by reference. The
1
purpose of said Code is to preserve
safety and general welfare and
sanitation of dwellings, buildings
Firestone.
Section 3-2. Secondary Codes.
as adopted by reference in The Weld
adopted and enacted by reference:
and protect the public health,
the safety, protection and
and structures in the Town of
The following secondary codes
County Building Code are hereby
a.) Uniform Building Code. The publications of
the International Conference of Building
Officials known as the UNIFORM BUILDING CODE,
including the Uniform Building Code Appendix
( EXCEPT FOR CHAPTERS 1, 12 AND 53 OF THE
APPENDIX AND SECTION 1110 OF CHAPTER 11 OF THE
APPENDIX), 1985 Edition, and the Uniform
Building Code Standards, 1982 Edition, are
incorporated by this reference as a part of
this Building Code for the purpose of
establishing standards for the construction
and inspection of dwellings, buildings and
structures and the issuance of building
permits in the Town of Firestone, Colorado, as
hereinafter amended.
b.) Uniform Mechanical Code. The publication,
including Appendices A, B, and C, of the
International Conference of Building Officials
known as the Uniform Mechanical Code, 1985
Edition, is incorporated by this reference as
a part of this Building Code for the purpose
of providing for the inspection of heating,
ventilating, cooling, and refrigeration
equipment and the issuance of mechanical
permits in the Town of Firestone, Colorado, as
hereinafter amended.
c.) The National Electrical Code, 1984 Edition,
promulgated by the National Fire Protection
Association, 470 Atlantic Avenue, Boston,
Massachusetts 02210. The purpose of said Code
is to protect and safeguard the. health and
safety of the residents of the Town of
Firestone from the hazards arising from the
use of electricity and provides for
establishing standards for the inspection of
electrical installation in public and private
structures, including mobile homes, and other
premises such as yards, lots and industrial
substations.
2
d.) The Uniform Plumbing Code, 1985 Edition,
including Appendices A, B, C, D, E, and H, and
International Association of Plumbing and
Mechanical Officials Installation Standards,
as promulgated by the International
Association of Plumbing and Mechanical
Officials, 5032 Alhambra Aveue, Los Angeles,
California 90032. The purpose of said Code is
to protect the health and sanitation of the
residents of the Town of Firestone by
providing minimum standards for the erection,
installation, alteration, addition, repair,
relocation, replacement, maintenance or use of
any plumbing system, as hereinafter amended.
e.) The Uniform Code for the Abatement of
Dangerous Buildings, 1985 Edition, as
promulgated by the International Conference of
Building Officials, 5360 South Workman Mill
Road, Whittier, California 90601. The purpose
of said Code is to protect the residents of
the Town of Firestone from unsafe buildings or
structures which could endanger the life,
limb, health, morals, property, safety or
welfare of such residents. The Code sets
standards for the repair, demolition, and
vacation of such unsafe buildings or
structures, as hereinfter amended.
f.) The Uniform Swimming Pool Code, 1985 Edition,
as promulgated by the International
Association of Plumbing and Mechanical
Officials, 5032 Alhambra Avenue, Los Angeles,
California 90032. The purpose of. the Code is
to establish standards for the inspection of
swimming pool plumbing systems and the
issuance of plumbing and mechanical permits
for the protection of the health and safety of
the citizens of the Town of Firestone.
Section 3-2 .1. Amendments. The Weld County Building Code,
January 7, 1986, Edition, and the secondary codes adopted therein
by reference as described and adopted in Sections 3-1 arid 3-2 of
this Code are hereby amended as follows:
a.) The Weld County Building Code is amended by
sustituting the words "The Town of Firestone"
in lieu of the words "Weld County" or "County
of Weld" wherever said words may appear in The
Weld County Building Code.
3
b.) · The Weld County Building Code is amended by
substituting the words "Board of Trustees of
the Town of Firestone" in lieu of the words
"Board of County Commissioners" wherever said
words may appear in The Weld County Building
Code.
c.) Paragraph 20.3. of The Weld County Building
Code is amended to read as follows:
10,3 Scope. This Code provides for the
regulation of the construction, alteration,
use and occupancy of dwellings, buildings and
structures, together with plumbing, mechanical
and electrical installations therei.n or in
connection therewith, · loca·ted in the
incorporated areas of the Town of Firestone,
Weld County, Colorado. Additions,
alterations, repairs and changes of use or
occupancy in all buildings and structures
shall comply with the provisions for new
buildings and structures shall comply with the
prov1s1ons for new buildings and structures
except as otherwise provided in this Code.
d.) Paragraph 10.4 of The Weld County Building
Code is amended to read as follows:
10.4 Authority. This Code is adopted and
administered under authority granted by
Sections 31-16-201, et seq, and 31-15-601, et
seq., CRS 1973.
e.) Paragraph 11.2 of The Weld County Building
Code is amended to read as follows:
11.1 Building Official. The terms "Building
Official", "Department of Planning Services"
and "Department o.f Planning Services, Division
of Zoning" shall be defined as the "Firestorie
Board of Trustees" or its authorized
representative.
f.) Paragraph 30 .1. 3 of The Weld County Building
Code is hereby repealed.
g.) Paragraph 30. 1. 4 of The Weld County Building
Code is hereby repealed.
4
h.) Paragraph 30.1,12 of The Weld County Building
Code if hereby repealed.
i.)
j • )
Paragraph 90 (including 90,2 through
The Weld County Building Code is
repealed and re-enacted as follows:
90.7) of
hereby
91 Board of Appeals. In order to determine
the suitability of alternate materials and
methods of construction and to provide for
reasonable interpretation of the provisions of
the Building Code, there is hereby created an
appeal ptocedure whereby the Board of Trustees
of the Town of Firestone shall make all final
decisions concerning the suitability of
alternate methods of construction, of
alternate materials and make final
interpretations as to the Building Code.
Section 92.1 (including 92,1.1 and
The Weld County Building Code
repealed and re-enacted as follows:
92,1.2) of
is hereby
92,1 Violation. Any person, firm or
corporation violating this Building Code or
any provision of applicable state law, is
guilty of a violation of this Ordinance and,
upon conviction thereof, shall be punished by
a fine of not more than THREE HUNDRED AND
NO/l00THS ($300,00) DOLLARS, or by
imprisonment for not more than NINETY (90)
days, or by both such fine and imprisonment.
Each day during which such illegal erection,
construction, reconstruction, alteration,
maintenance of use continues, shall be deemed
a separate offense. In case any building or
str~cture is or is proposed to be erected,
constructed, reconstructed, altered,
remodeled, used or maintained in violation of
this Building Code, or of any provisions of
applicable state law, the Town Attorney of the
Town of Fires tone, Weld County, Colorado, or
any owner of real estate within the area, in
addition to other remedies provided by law,
may ins ti tu te an appropriate act ion for
injunction, mandamus of abatement to prevent,
enjoin, abate or remove such unlawful
erection, construction, reconstruction,
alteration, remodeling or use.
5
k.) The Uniform Building Code, 1982 Edition, is
hereby amended as follows:
1) The last sentence of the third paragraph
of Section 1204 of said Code concerning exit
facilities is amended to read: "Where windows
are provided as a means of escape or rescue,
they shall have a finished sill height not
more than forty-eight ( 48) inches above the
floor."
1.) The Uniform Mechanical Code, 1985 Edition,
1nclud1ng Appendix B 1s hereby amended as
follows:
1) The first paragraph of Section 1005 of the
Uniform Mechanical Code, 1985 Edition, is
amended to read as follows: "Every supply and
return air duct and plenum of a heating or
cooling system shall be insulated with not
less than the amount of insulation set forth
in Table #10-D except for ducts and plenums
used exclusively for evaporative cooling
systems and except for heating system ducts
and crawl spaces with a furnace installed in
the same crawl space. Heating system ducts in
a crawl space without a furnace shall be
insulated with the equivalent of R-4
insulation unless the walls of the crawl space
are insulated.
2) Section 504(f), concerning liquified
petroleum gas appliances is deleted.
3) Appendix B, Section 2215, concerning
liquified petroleum gas facilities and piping
paragraphs 5 and 6 are amended to read:
#5. Liquified petroleum gas facilities
shall not be located in any pit, under show
windows or interior stairways, in engine,
boiler, heater or electric meter rooms, When
not prohibited by another regulation,
liquified petroleum gas metering devices may
be located in the open under exterior
stairways.
#6. Liquified petroleum gas piping shall
not serve appliances located in a pit where
heavier-than-air gas might collect to form a
flammable mixture,
6
4) Appendix B, Section 2215 is further
amended by the addition of a subparagraph 10
to read: Liquified petroleum gas facilities
may be used in crawl spaces upon approval by
the Director of Building Inspection if
appropriate sensors are installed or if the
topography surrounding the structure allows
for a natural drainage of the gas away from
the struture.
m.) The Uniform Plumbing Code, 1985 Edition, is
hereby amended as follows:
1) Section 409 (a.) of said code concerning
drainage below curb and main sewer level is
amended to read: "Drainage piping serving
fixtures which have flood level rims located
below the elevation of the next upstream
manhole cover of the public sewer serving such
drainage piping may be protected from backflow
of sewage by installing an approved type
backwater valve."
2) Section 904 (b.) of said Code relating to
connections is amended to read: "Fixtures
having concealed slip-joint connections shall
be provided with an access panel or utility
space at least twelve (12) inches (.3m) in its
least dimension and so arranged without
obstructions as to make such connections
readily accessible for inspection and repair.
Provided, however, that concealed fixture
connections of drawn brass tubing not less
than 17B & S guage (.045") (1.1mm) or made of
ABS or PVC and made without slip joints need
not be provided with access panels.
3) Section 1215 of said Code concerning
liquified petroleum gas facilities in piping
subsections (e.) and (f.) are .amended to read
as follows: "(e.) Liquified petroleum gas
facilities shall not be located in any crawl
space, pit, under show windows or interior
stairways, in engine, boiler, heater, or
electrical meter rooms. When not prohibited
by another regulation, approved liquified
petroleum gas metering devices may be located
in the open, under exterior stairways." "(f.)
Liquified petroleum gas piping shall not serve
7
n. )
any gas water heater located in a pit or crawl
space where heavier-than-air gas might collect
to form a flammable mixture.
4) Section 1215 of said Code is further
amended by the addition of a subsection (j) to
read: "Liquified petroleum gas facilities may
be used in crawl spaces upon approval by the
Director of Building Inspection if appropriate
sensors are installed or if the topography
surrounding the structure allows for a natural
drainage of the gas away from the structure."
The Uniform Code for -c-D'-'a-'-n_g_e_r-----'o'"'u'""sc...::..cBc:.cu.:c...,.i~l~d~i'-n'-g-'-s-, ...,,19'85
amended as follows:
1) Section 205 is deleted.
the Abatement of
Edition, is hereby
2) Section 301 -Delete reference to "Housing
Code".
3) Section 50l(a)(l) -Should be amended to
read as follws: A heading in the words
"Be fore the Board of Appeals in and for the
Town of Firestone, State of Colorado".
4) Section 601.(a) should be deleted. Under
(c), the word "phonographic" should be changed
to "stenographic" and the last sentence should
say, "Such fees shall be as previuosly
established by the Board of Trustees, but
shall, in no event, be greater than the cost
involved."
5) Section 602 -The notice requirement shall
read: "You are hereby notified that a hearing
will be held before the Firestone Board of
Appeals at~-----=-~------'----..,...,,,---on
the ___ day of -------,--,,------,--,-, 19 , at
the hour of .m., upon the notice and order
served upon you. You may be present at the
hearing. You may be, but need not be,
represented by counsel. You may present any
relevant evidence and will be given full
opportunity to cross-examine all witnesses
testifying against you.
8
.•
6) Delete Section 603.
7) Delete Section 605(b), (c), (d), (e), (fl.
• 8) Section 70l(a) (3) shall read: "The Board
of Trustees, upon the request of the Building
Official may, in addition to any other remedy
herein provided .• "
9) Section 801 (a) is amended to read as
follows: "Procedure. When any work of a
repair or demolition is to be done pursuant to
Section 70l(c) (3) of this Code, the Board of
Trustees shall issue an order directing the
work to be accomplished by personnel of
Firestone or by a private contract under the
direction of a designated employee of the
Town. The plans and specifications the ref or
may be prepared by said employee, or he may
employ such architectural and engineerig
assistance on a contractural basis as he may
deem reasonably necessary. If any part of the
work is to be accomplished .by private
contract, standard Town of Firestone
contractural procedures shall be followed.
10) Delete Section 802.
11) Section 901 -"Director of Public Work"
shall be substituted for by "designated
employee".
12) Section 904 -Report of the director
shall also be report of "designated employee".
13) Procedures for the recovery of costs of
repair of demolition under Chapter 9 of the
· Uniform Code for Abatement of Dangerous
Buildings may be exeicised only to the extent
otherwise authorized by State law.
Section 2. · All Ordinances, Resolutions, and Motions of the
Board of Trustees of the Town of Firestone or parts thereof, in
conflict with the provisions of this Ordinance, are to the extent
of such conflict hereby superseded and repealed.
Section 3. The Sections of this Ordinance are hereby declared
to be severable, and if any section, provision, or part thereof
shall be held unconstitutional or invalid, the remainder of this
Ordinance shall continue in full force and effect, it being the
9
.. . ,
legislative intent that this Ordinance would have been adopted even
if such unconstitutional or invalid matter had not been included
therein. It-is further declared that if any provision or part of
this Ordinance, ·or the application thereof to any person or
circumstance, is held. invalid, the remainder of this Ordinance and
the application thereof to other persons · shall not be effected
thereby.
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance_ is necessary for the
immediate protection and preservation of public health, safety,
convenience, and general welfare, and it is enacted for that
purpose and shall be in full force and effect afte·r passage and
final publication.
Approved, adopted, and ordered publishe~y the Board of Trustees
of the Town of Firestone on this J.z day of ~L./ ,
1986.
MAYOR:
ATTEST:
10
ORDINANCE NO. : ,JV
AN ORDINANCE ANNEXING CERTAIN TERRITORY ENTIRELY SURROUNDED BY
THE MUNICIPALITY
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COUNTY OF WELD, STATE OF COLORADO:
Section 1. Pursuant to authority conferred by the Colorado
Constitution, article II, Section 30(1) (c) and by Colorado Revised
Statute, 1973, Chapter 31-12-106(1), it is hereby ordained that the
territory described herein below, which is an enclave entirely sur-
rounded by the minicipality· for not less than three years, is annexed
to the Town of Firestone.
Section 2. The territory annexed is described as:
An addition to the Town of Firestone, County of Weld, State of Colorado,
located in the.Northwest quarter of the northeast quarter of Section 30,
Township 2 North, Range 67 West, of the 6th P.M., being more particularly
described as follows:
Considering the North line of said Northeast quarter as bearing South
90°00'00" East and with all bearings contained herein relativ~ thereto:
Commencing at the Northwest corner of said Northeast quarter, the TRUE
POINT OF BEGINNING of this description; thence along said North line
South 90°00'00" East 330.00 feet to the northwesterly corner of the
Globe Addition to the Town of Firestone; thence along the boundary of the
said Globe Addition South 00°38'37" East 660.00 feet, and again North
90000' 00" West 330. 00 f_eet to the westerly line of said Northeast quarter,
and to the easterly boundary of the Town of Firestone according to the
"Replat of September 13, 1907 Plat;" thence along the said westerly line
of the Northeast quarter and the said easterly boundary of the Town of
Firestone North 00°38 1 37" West 660.00 feet to the Point of Beginning.
The above described tract contains 5.0 acres more ,or less and is subject
to all easements and rights-of-way now existing or of record.
The territory is additionally described by the map below which is here_by
expressly incorporated in .this ordinance.
Section 3. The territory annexed shall be referred to as the "Wolff
Annexation".
,., ,.
( B 1141 REC 02082981 12/31/86 16:49, $6.00 , 1/002
F 0213,MARY ANN FEUERSTEIN CLERK & RECORDER WELO CO, CO
Section 4.. All Ordinances, Resolutions, and Motions of the Board of
Trustees of the Town of Firestone or parts thereof, in conflict with
the provisions of this Ordinance, are to the extent of such conflict
hereby superseded and repeaied.
Section 5. The sections of this Ordinance are.hereby d!"clared to be
severable, and if any section, provision, or part thereof shall be
held unconstitutional or invalid, the remainder of this ·ordinance shall
continue in full force and effect, it being.the legislative intent that
this Ordinance would have been adopted even if such·unconstitutional or
·invalid matter had not been. included therein. It is. further declared
that if any provision or part of this section, or the application thereof
to. any part of this section, or the application thereof to any person,·
or circumstances, is held inval(:i;d, the remainder of th.is, Ordinance and
the application hereof to other persons shall not be effected thereby.
Iri the opinion of the Board of.Trustees of the Town of Firestone, Weld
County, Colorado, this Ordinance is necessary for the immediate protection
and preservation of the public health, safety, convenience, and general
welfare, and it·is enacted for that purpose and shall be in full force
and effect after passage·and final ·publication.
Approved, adopted, and ordered published by~d
the T.own of Firestone on the cl,...1""4'day of ·
ATTEST:
6~~<en•/
Town Clerk
of Trustees of
, 1986.
B 1141
F 0214
REC 02082981 12/31/86 16:49 $6.00
MARY ANN FEUERSTEIN CLERK & RECORDER WELD 2/002
co, co
·-
----,.,.,.-----.--~ -=-,,-; -~~~=-.-'7= .:.;_,_ ·--~----___ ... ~ "" =----
,•
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTION 3-2.A.l. OF
THE ORDINANCES OF THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD.OF TRUSTEES, TOWN OF FIRESTONE, WELD
COUNTY, COLORADO:
Section 1. Section 3-2.A.l. of the Ordinances of the Town of Firestone
be and is amended to include the following two additional subsections
which read as follows in their entirety:
d. Pole Buildings Prohibited: It shall be unlawful for any
person or legal entity to construct, repair or remodel any
structure whatsoever that is ~nstructed of or with roof
supporting columns or posts of round timber poles or piles
as defined by the Uniform Building Code.
e. Foundation and Flooring Required: It shall be unlawful for
any person or entity to construct, repair or remodel any
Group M structure, as defined by the Uniform Building Code,
in excess of 150 square feet in area. without a supporting
concrete foundation and floor of a minimum of 3 inches.
Section 2 •. All Ordinances, Resolutions, and Motions of the Board of
Trustees of the Town of Firestone or parts thereof, in conflict with
the provisions of this Ordinance, are to the extent of such conflict
hereby superseded and repealed.
Section 3. The sections of this Ordinance are hereby declared to be
severable, and if any section, provision, or part thereof shall be held
unconstitiutional or invalid, the remainder of this Ordinance shall
continue in full force and effect, it being the legislative intent that
this Ordinance would have been adopted even.if such unconstitutional or
invalid matter had not been included therein. It is further declared
that if any provision or part of this section, or the application thereof
of any person, or circumstances, is held invalid, the remainder of this
Ordinance and the application thereof to other persons shall not be
effected thereby.
In the opinion of the Board of Trustees of the Town of Firestone, Weld
County, Colorado, this Ordinance is necessary for the immediate protection
and preservation of the public health, safety, convenience, and general
welfare, and it is enacted for that purpose and shall be in full force
and effect after passage and final publication.
Approved, adopted, and ordered published by Trustees of
the Town of Firestone on the · y/-4£ day of~·~·:i:2Z24~~~~_;_,· 1986.
Mayo
ORDINANCE NO. p_J
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTION 1-24-5 OF THE
ORDINANCES OF THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES, TOWN OF FIRESTONE, WELD
COUNTY, COLORADO:
Section 1. Section 1-24-5 of the Ordinances of the Town of Firestone
be and is amended to read as follows in its entirety:
Rule ·5. At all the meetings of the Board of Trustees, four (4)
of said Trustees shall constitute a quorum for the transaction of
business, but a minority may adjourn from day to day. A fine of
Twenty Five Dollars ($25.00) per absence of that Trustee from any
meeting of the Board, regardless of whether or not a quorum was present
at such meeting, unless the Board accepts from such Trustee a good and
sufficient excuse for ea.ch such absence. A fine of Twenty Five Dollars
($25.00) may be imposed by the Board of Trustees on any member of the
Board who attends a meeting in a disorderly fashion at any such meeting.
Section 2. All Ordinances, Resolutions, and Motions of the Board of
Trustees of the Town of Firestone or parts thereof, in conflict with the
provisions of this Ordinance, are to the extent of such conflict hereby
superseded and repealed.
Section 3. The sections of this Ordinance are hereby declared to be
severable, and if any section, provision, or part thereof shall be
held unconstitutional or invalid, the remainder of this Ordinance shall
continue in full force and effect, it being the legislative intent that
this Ordinance would have be.en adopted even if such unconstitutional or
invalid matter had not been included therein. It is further declared
that if any provision or part of this section, or the application thereof
to any person, or circumstances, is held invalid, the remainder of this
Ordinance and the application thereof to other persons shall not be
effected thereby. ·
In the opinion of the Board of Trustees of the Town of Firestone, Weld
County, Colorado, this Ordinance is necessary for the immediate protection
and preservation of the public health, safety, convenience, and general
welfare, and· it is enacted for that purpose and shall be in full force
and effect after passage and final publication.
Approved, adopted, and ordered
the Town of Firestone on the ·
published by the
4(fo day·~ o'.:'._'.f:___· ~·~· §§. ~~i,c:;::__
ORDINANCE NO. d.;Ji
AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES
OF THE TOWN OF FIRESTONE, COLORADO, CONCERNING WATER CHARGES
AND DELINQUENCY CHARGES ON WATER BILLINGS.
WHEREAS, the Board of Trustees of the Town of Firestone, Colorado, has
determined that Section 13-14 of the Code of Ordinances should be amended;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. Section 13-14 of Chapter 13 of the Code of the Town of
Firestone is hereby repealed and reenacted to read as follows:
13-14. Water Charges Payable -Delinquency Charge.
A. Water charges shall be due no later than the close of business on
the twentieth day of the month in which the.water billing is mailed to the
customer. If the twentieth day of the month falls on Saturday, the
charges shall be due on the preceding Friday; if the twentieth day of the
month falls on Sunday, the charges shall be due on the following Monday.
If the charges remain unpaid at the close of the business day on the last
business day of the month, the account shall be deemed delinquent and
interest shall be assessed at the rate of 1 1/2% per month.
B. 'A shutoff notice shall be given to each water customer who is
delinquent and water service shall be terminated for the water customer
receiving such shutoff notice after ten (10) days from the date of notice
.unless:
1. The delinquent bill, including interest, is paid prior to the
expiration of ten (10) days; or
2. The customer has appeared before the Town Clerk and shown
good cause why the charges are not due within the ten (10) day time
period.
Section 2. Repeal of Conflicting Provisions.
All ordinances, resolutions, motions and provisions of the Code of the
Town of Firestone, and Firestone Board of Trustees, or parts thereof in
conflict with the provisions of this Ordinance are, to the extent of such
conflict, hereby superseded and repealed.
Section 3. Severability.
The sections of this Ordinance are hereby declared to be severable, and if
any section, provision, or part thereof shall be held unconstitutional or
invalid, the remainder of this Ordinance shall continue in full force and
effect, it being the legislative intent that this Ordinance would have
been adopted even if such unconstitutional or invalid matter had not been
included herein. -It is further declared that if any provision or part
hereof or the application thereof to any person or circumstances, is held
invalid, the remainder of the Ordinanc~ and.the application thereof to
other persons shall not be effected thereby.
D ADOPT ED , S I GNED AND APPROVED , th i s _ __.d.""--"%,__-d---,.,-------Yd ay of
~ , 1986.
TOWN OF FIRESTONE, COLORADO
Mayor
ATTEST:
~d#LL Towriterk · .
,i
:;;;
AN
? OF
ORDINANCE NO. d?t.:Z
ORDINANCE REGULATING POSSESSION, IMPOUNDMENT AND DESTRUCTION
VICIOUS ANIMALS.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE
COUNTY OF WELD, STATE OF COLORADO:
Section 1. Part VII. ANIMALS.
Firestone be and is amended to
section which reads as follows
of the ordinances of
-include the following
in its entirety:
8-46. Vicious Animals.
the Town of
additional
(a) Prohibited. No one shall keep, possess or
harbor a vicious animal within the town.
Impoundment of animals whose owners have been
cited for violation of this section shall be at
the discretion of the animal warden. If the
animal presents a clear and present danger to the
public heal th or safety I it shall .be the duty of
the animal warden or hi~ agent or any law enforce-
ment officer to impound such animal._
(b) Immediate destruction. Nothing in this section··
shall be construed to prevent the animal warden or
agent or any law enforcement-officer from taking
whatever action is reasonably necessary to protect
his person or members of the public from injury or
damage, including immediate destruction of any
vicious animal without notice to the owner.
(c) Court order required for release. If a
complaint has been filed in the municipal court of
the town against the owner of an impounded animal
for a charge under this section, the animal shall
not be released except on the order of the municipal
judge, who may also direct the owner to pay all
impounding fees in addition to any penalties for
violation of this chapter. Any animal which remains
unclaimed for five (5) days after its release has
been authorized by the municipal judge may be
disposed of at the discretion of the animal shelter.
The municipal judge may, upon making a finding that
such animal is vicious or that it represents a clear
and present danger to the citizens or to the other
animals in the community, order said animal to be
destroyed in a humane manner hy the animal shelter.
Surrender of an animal by the owner thereof to the
animal warden or agent or any law enforcement officer
does not relieve or render the owner immune from the
decision of the court, nor from the fees and fines
which may result from a violation or violations of
this section.
Section 2. All Ordinances,Resolutions, and Motions of the Board of
Trustees of the Town of Firestone or parts thereof, in conflict with
the provisions of this Ordinance, are to the extent of such conflict
hereby superseded and repealed.
Section 3. The sections of this Ordinance are hereby declared. to be
severable, and if any section, provision, or part thereof shall be
held unconstitutional or invalid, the remainder of this Ordinance
shall continue in full force and effect, it being the legislative
intent that this Ordinance would have been adopted even if such
unconstitutional or i'nvalid matter had not been included therein.
It is further declared that if any provision or part of this section,
or the application thereof of any person, or circumstances, is held
invalid, the remainder of this Ordinance and the application thereof
to other persons shall not be effected thereby.
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance is necessary for the immediate
protection and preservation of the public health, safety, convenience,
and general welfare, and it is enacted for that purpose and shall be
in full force and effect after passage and final publication.
Approved, adoJi>ted, and ordered· published by t,h!1 Board of Trustees of
the Town of Firestone on the r:i,J_~ay of. /ffe~ •, 1986 • . /4n
May({~«" Oar2
·ATTEST:
~/y0#d4&V
Twon Clerk
ORDINANCE NO. J,)_ {,,
TOWN OF FIRESTONE, COLORADO
AN ORDINANCE APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING
AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW, FOR THE
TOWN OF FIRESTONE, COLORADO, FOR THE 1987 BUDGET YEAR.
WHEREAS, the •Board of Trustees has adopted the annual budget in accordance
with the Local Government Budget Law, on December 11, 1986, and;
WHEREAS, the Board of Trustees has made provision therein for revenues in
an amount equal to or greater than the total proposed expenditures as set
forth in said budget, and;·
WHEREAS, it is not only required by law, but also necessary to appropriate
the revenues provided in the budget to and for the purposes described
below, so as not to impair the operation of the Town. ·
NOW, THEREFORE, BE IT ORDAINED BY TME BOARD·OF TRUSTEES OF THE TOWN· OF
FIRESTONE, COLORADO: .
Section 1. That the following sums are hereby appropriated from the
revenues of each fund, to each fund, for the purposes stated:
General Fund
Total General Fund $176,628
Revenue Sharing Trust Fund
Total Revenue Sharing Trust Fund $ 4,101
Park Fund
Total Park Fund $ ..,__ __
Special Assessment Fund
Debt Service $ 27,635
Total Special Assessment Fund $ 27,635
Police Pension Fund
Total Police Pension Fund $ -"---
Conservation Trust Fund
Total Conservation Trust Fund $ 2,111
Street and Highway Fund
Total Street and Highway Fund $ 51,488
Water Fund
Total Water Fund $188i094
APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
OF THE TOWN OF FIRESTONE, COLORADO, THIS ELEVENTH DAY -OF DECEMBER, 1986.
TOWN OF FIRESTONE, COLORADO
ATTEST:
ORDINANCE NO.
AN ORDINANCE PERTAINING TO THE MONTHLY RATE FOR THE COLLECTION AND
DISPOSAL OF TRASH IN THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO.
BE IT ORDAINED BY 'I:HE TRUSTEES OF THE TOWN OF FIRESTONE, COUNTY OF WELD,
STATE OF COLORADO:
Section 1. Section 21 of Chapter 8 of the Ordinances of the Town of
Firestone be and is amended to include the following additional sentence,
which shall be the final sentence of the section, which reads as follows
in its entirety:
There. is hereby imposed a uniform service
charge for collection of garbage and refuse
of six dollars and sixty five cents ($6.65)
per month.to each such person.
Section 2. All Ordinances, Re.solutions, and Motions of the Board of
Trustees of the Town of Firestone or parts thereof, in conflict with.the
provisions of this Ordinance, are to the extent of such conflict hereby
superseded and repealed. · ·
Section 3. The sections of this Ordinance are hereby declared to be
severable, and if any section, provision, or part thereof shall be h.eld
unconstitutional or invalid, the remainder of this Ordinance shall continu~
in full force and effect, it being the legislative intent that this
Ordinance would have been adopted even if such unconstitutional or invalid
matter had not been included therein.· I.t is further declared that if any
provision or parts of this section~ or the application thereof to any
person, or circumstances, is held invalid, the remainder of this Ordinance
and the application thereof to other persons shall not be effected thereby.
In the opinion of the Board of Trustees bf the Town of Firestone, Weld
County, Colorado,·this Ordinance is necessary for the immediate protection
arid preservation of the public health, safety, convenience, and general
welfare, and it is enacted for that purpose and shall be in full force
and effect after passage and final publication.
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTION 12 OF CHAPTER 13 OF
THE ORDINANCES OF THE· TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES, TOWN OF FIRESTONE, WELD COUNTY,
COLORADO:
Section 1. Section 12 of Chapter 13 of the or,dinances of the Town of
Firestone be and is amended to read as follows in its entirety:
13 -12. Water Service Charge.
METER
SIZE
5/8"
3/ 4"
l"•
1-1/2"
2"
3"
There shall be assessed and charged for the use
of water measured through a meter, per month,
from any of the water lines, water mains, or
water system of the Town of Firestone, rates and
rentals, as follows:
MONTHLY
MINIMUM
CHARGE .FOR 5,000-15,000 15,000-20,000 OVER 20,000
FIRST PER 1,000 PER 1,000 PER 1,000
5,000 GALLONS GALLONS.USED GALLONS USED GALLONS.USED
$ 13.95 $1.10 $1.20 $1.30
$ 23.95 · $1.10 $1.20 $1.30
$ 47.65 $1.10 $1.20 $1.30
$ 67.95 $1.10 $1.20 $1. 30
$117.95 $1.10 $1.20 $1.30
$237.95 $1.10 $1.20 $1. 30
Section 2. All Ordinances, Resolutions, and.Motions of the Board of
Trustees of the Town of Firestone or parts thereof, in conflict with the
provisions of ·this Ordinance, are to the extent of such conflict hereby
superseded and repealed.
Section 3. The sections of this Ordinance are hereby declared to be
severable, and if any section, provision, or part thereof shall be
held unconstitutional or invalid, the remainder of this-Ordinance sh~ll
continue in full force and effect, it being the legislative intent that
this Ordinance would have been. adopted even if such unconstitutional or
invalid matter had not been included therein. It is further declared
that if any provision or part of this section, or the application thereof
to any person, or circumstances, is held invalid, the remainder of this
Ordinance and the application thereof.to other persons shall not be
effected thereby.
In the opinion of the Board of Trustees of the Town of Firestone, Weld
County, Colorado, this Ordinance is necessary for the immediate protection
and preservation of the public health, safety, convenience, and general
welfare, and it is enacted for that purpose and shall be in full force
and effect after .passage and final publication ..
Approved, adoJ?ted, and ordered published by th~:°ard of Trustees of
the Town of Firestone on the /p · day of · /~~ · , 1986. , .
ATTEST:
ORDINANCE NO. J=· •-£~9~· _____ _
AN ORDINANCE. PERTAINING TO THE MONTHLY RATE FOR THE PROVISION OF STREET
LIGHTS IN THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO.
BE IT ORDAINED BY THE TRUSTEES OF THE TOWN OF FIRESTONE, COUNTY OF WELD,
STATE OF COLORADO:•
Section 1. PART II, Di vision II, of Chapter· 13 of the Ordinances of. the
Town of Firestone be and is amended to include the following additional
section which reads as follows in it entirety:
13-30-5. Uniform 'service Charge. The occupant, whether
owner, tenant or otherwise, of each residence or commercial
business establishment may be assessed a service charge by
the Town of Firestone for the provision of street lights.
There is hereby imposed a uniform service charge for the
provision of street lights of one dollar ($1.00) per month
to each stich person.
Section 2. All Ordinances, Resolutions, and Motions of the Board of
Trustees of the Town of Firestone or parts thereof, in conflict with the
provisions of this Ordinance, are to the extent of such conflict hereby
superseded and repealed.
Section 3. The sections of this Ordinance are hereby declared to be
severable, and if any section, provision, or part thereof shall be held
unconstitutional or invalid, the remainder of this Ordinance shall
continue in full force and effect, it being the legislative intent that
this Ordinance would have been adopted even if such constitutional or
invalid matter had not been included therein. It is further declared
that if any provision or part of this sectii.,on, ot the application thereof
to any person, or circumstances, is held invalid, the remainder of this
Ordinance and the application thereof to other persons shall not be
'effected thereby. ·
In the opinion of the Board of Trustees of the Town of Firestone, Weld
County, Colorado, this Ordinance is necessary for the immediate protection.
and preservation of the public health, safety, convenience, and generai
welfare, and it is enacted for that purpose and shall be in full force
and effect after passage and final publication.
Approved, adopted, and ordered published by Trustees of
the Town of Firestone on the /z-1/~~~~~2t_.,::_ __ , 1986.
Mayo
ATTEST: ...
·~2~
Town
ORDINANCE NO. =J,,-',)~_tf~·-· _____ _
AN ORDINANCE PERTAINING TO THE MONTHLY RATE FOR THE PROVISION OF STREET
LIGHTS IN THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO,
BE IT ORDAINED BY THE TRUSTEES OF THE TOWN OF FIRESTONE, . COUNTY OF WELD,
STATE OF COLORADO:
Section 1. PART II, Division II, of Chapter 13 of the Ordinances of the
Town of Firestone be and is amended to include the following additional
section which reads as follows in it entirety:
13-30-5. Uniform Service Charge. The occupant, whether
owner, tenant or otherwise, of each residence or commercial
business establishment may be assessed a service charge by
the Town of Firestone for the provision of street lights.
There is hereby imposed a uniform service charge for the
provision of street lights of one dollar ($1.00) per month
to each such person.
Section 2. All Ordinances, Resolutions, and Motions of the Board of
Trustees of the Town of Firestone or parts thereof, in conflict with the
provisions of this Ordinance, are to the extent of such conflict hereby
superseded and repealed.
Section 3. The sections of this Ordinance are hereby declared to be
severable, and if any section, provision, or part thereof shall be held
unconstitutional or invalid, the remainder of this Ordinance shall
continue in full force and effect, it being the legislative intent that
this Ordinance would have been adopted even if such constitutional or
invalid matter had not been included therein. It is further declared
that if any provision or part of this sectruon, or the application thereof
to any person, or circumstances, is held invalid, the remainder of this
Ordinance and the application thereof to other persons shall not be
effected thereby.
In the opinion of the Board of Trustees of the Town of Firestone, Weld
County, Colorado, this Ordinance is necessary for the immediate protection
and preservation of the public health, safety, convenience, and general
welfare, and it is enacted for that purpose and shall be in full force
and effect after passage and final publication.
Approved, adopted, and ordered published by Trustees of
the Town of Firestone on the ~ day .50>1f;____,&~~~~:&:::'._ __ , 1986.
ATTEST:
~~,~&~ Town
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTION 11 OF CHAPTER
13 OF THE ORDINANCES OF THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES, TOWN OF FIRESTONE, WELD
COUNTY, COLORADO:
Section 1. Paragraph C of Section 11 of Chapter.13 of the Ordinances
of the Town of Firestone be and is amended to read as C2J follows in
its entirety:
C. No water tap or connection
shall be made to the Town of
Firestone water system unless
a permit is first obtained
from the Town Clerk for such
tap or connection and all
applicable charges set forth
in this Chapter 13 have been
paid. All fees and charges
shall be paid at the time of
the issuance of the building
permit at the then effective
rate.
Section 2. All Ordinances, Resolutions, and Motions of the Board of
Trustees of the Town of Firestone or parts thereof, in conflict with
the provisions of this Ordinance, are to the extent of such conflict
hereby superseded and repealed.
Section 3. The sections of this Ordinance are hereby declared to be
severable, and if any section,. provision, or part thereof shall be
held unconstitutional or invalid, the remainder of this Ordinance shall
continue in full force and effect, it being the legislative intent that
this Ordinance would have been adopted even if such unconstitutional or
invalid matter had not been included therein. It is further declared
that if any provision or part of this section, or the application
thereof to any person, or circumstances, is held invalid, the remainder
of this Ordinance and the application thereof to other persons shall
not be effected thereby.
In the opinion of the Board o1 Trustees of the Town of Firestone, Weld
County, Colorado, this Ordinance is necessary for the immediate protec-
tion and preservation of the public health, safety, convenience, and
general welfare,aand it is enacted for that purpose and shall be in full
force and effect after passage and final publication.
Approved, Adopted, and ordered puyished by
the Town of Firestone on the !~ day of
th~oard of Trustees of /t.~~/ I 19 8 6 •
Mayo
ATTEST:
~dUf~~
Town Clerk
ORDINANCE NO._----'-'a<,=J~./ ___ _
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTION 36.7 AND SECTION
36.8 OF CHAPTER 10 OF THE ORDINANCES OF THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES, TOWN OF FIRESTONE, WELD
COUNTY, COLORADO.
Section 1. Section 36.7 of Chapter 10 of the Ordinances of the Town
of Firestone be and is amended by the addition of the following
language at the end of the section:
"H. Churches and other
places of assembly."
Section 2. Section 36.8 of Chapter 10 of the Ordinances of the Town
of Firestone be and is amended by the deletion of the following
language:
"Churches and other
. places of assembly."
Section 3. All Ordinances, Res'olution, and Motions of the Board of
Trustees of the Town of Firestone or parts thereof, in conflict with
the provisions of this Ordinance, are to the extent of such conflict
hereby superseded and repealed.
Section 4. The sections of this Ordinance are hereby declared to be
severable, and if any section, provision, or part thereof shall be
held unconstitutional or invalid, the remainder of this Ordinance shall
continue in full force and effect, it being the legislative intent that
this Ordinance would have been adopted even if such unconstitutional or
invalid matter had not been included therein. It is further declared
that if any provision or part of this section, or th~ application
thereof · to any person, o'r circumstances, is held invalid, the remainder
of this Ordinance and the application thereof to other persons shall
not be effected thereby.
In the opinion of the Board of Trustees of the Town of Firestone, Weld
County, Co1orado, this Ordinance is necessary for the immediate protec-
tion and preservation of the public health, safety, convenience, and
general welfare, and it is enacted for that purpose and shall be in full
force and effect after passage and final publication.
Approved, Adopted, and ordered published bythe Board of-Trustees of
the Town of Firestone on the . /.-1:fi:, day of ~7. , 1981.
ATTEST: . . ~ Mayor
~d) .·
Town Clerk
ORDINANCE No.· _ __.c6..:..· ·=~-=c.M'..,_· '---
AN ORDINANCE PROVIDING FOR THE AJ.'1ENDMENT OF ORDINANCE NO. 203 OF
THE ORDIANACES OF THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BO.ARD OF TRUSTEES, TOWN OF FIRESTONE, WELD
COUNTY, COLORADO.
Section 1. Ordinance No. 203 of the Ordinances of the Town of
Firestone be and is amended by the following deletions and additions
of language:
a. Section 1. Annual Salar • The words "FIVE THOUSAND FOUR
HUNDRED AND NO 100 ($5,400.00). DOLLARS" are deleted .and the words
"THREE THOUSAND SIX HUNDRED AND NO/100 ($3,600.00) DOLLARS" are
added.
b. Section: 2. Monthl Tncrements. The words "FOUR HUNDRED
FIFTY AND NO 100 ($450.00) DOLLARS" are deleted and the words
"THREE HUNDRED ANDNO/100 ($300.00) DOLLARS" are added.
Section 2. All Ordinances, Resolution, and Motions of the Board of
Trustees of the Town of Firestone or parts thereof, in conflice with
the provisions of this Ordinance, are to the extent of such conflict
· hereby superseded and repealed.
Section 3. The sections of this Ordinance are hereby declared to be
severable, and if any section, provision, or part thereof shall be·
held unconstitutional or invalid, the remainder of this Ordinance·
shall continue in full force .and effect, it being the legislative
intent that this Ordinance would have been adopted even if such
unconstitutional or invalid matter had not been included therein.
It is further declared that if any provision or part of this section,
or the application thereof to any person, or circumstances, is held
invalid, the remainder of this Ordinance and the application thereof
to other p~rsons shall not be effected thereby.
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance is necessary for the immediate
protection and preservation of the public health, safety, convenience,
and general welfare, and it is enacted for that purpose and shall be
in full forqe and effect after passage and final publication.
Approved, Adopted, and ordered published by the Board of Trustees of
the Town of Firestone on the· /,./73Uday of """"a::zii~~~--' 1987.
/---=--=-.c\.
Mayo,
ATTEST: c._§~
~,# ,7[,···~
Town Clerk
ORDINANCE No._ ... ·c/.,""'""·U,:"-lf_,_·_-_. _· __
AN ORDINANCE PROVIDING FOR THE At'1ENDMENT OF ORDINANCE NO. 203 OF
THE ORDIANACES OF THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES, TOWN OF FIRESTONE, WELD
COUNTY, COLORADO.
Section 1. Ordinance No. 203 of the Ordinances of the Town of
Firestone be and is amended by the following deletions and additions
of language:
a. Section 1. Annua-1 Salary. The weirds "FIVE THOUSAND FOUR
HUNDRED AND NQ/100 ($5,400.00) DOLLARS" are deleted and the words
"THREE THOUSAND SIX HUNDRED AND NO/100 ($3,600.00) DOLLARS" are
added.
b. Section 2. Monthly Increments. The words "FOUR HUNDRED
FIFTY AND_ NO/:l00 ($450.00) DOLLARS" are deleted and the words
"THREE HUNDRED AND NO/100 ($300.00) DOLLARS" are added.
Section 2. All Ordinances, Resolution, and Motions of the Board of
Trustees of the Town of Firestone or parts thereof, in conflice with
the provisions of this Ordinance, are to the extent of such conflict
hereby superseded and repealed.
Section 3. The sections of this Ordinance are hereby declared to be
severable, and if any section, provision, or part thereof shall be
held unconstitutional or invalid, the remainder of this Ordinance
shall continue in full force and effect, it being the legislative
intent that this Ordinance would have been adopted even if such
unconstitutional or invalid matter had not been included therein.
It is further declared that if any provisiori or part of this section,
or the application thereof to any person, or circumstances, is held
invalid, the remainder of this Ordinance and the application thereof
to other persons shall not be effected thereby.
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance is necessary for the immediate
protection and preservation of the public health, safety, convenience,
and general welfare, and it is enacted for that purpose and shall be
in full force and effect after passage and final publication.
Approved, Adopted, and ordered published by the Board of Trustees of
the Town of Firestone on the · .uf:~ay of ..a::::Z:~~=~L-• 1987. /~
Mayo
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTION 99 OF
CHAPTER 3 OF THE ORDINANCES OF THE TOWN OF FIRESTONE.
BE IT ,ORDAINED BY THE BOARD OF TRUSTEES, TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1. Section 99 of Chapter 3 of the Ordinances of the
Town of Firestone be and is amended by the deletion of all of
the language it currently contains, including its caption and
heading, and the addition of the. following language in its
entirety:
113-99. Annual •Inspection.
Each permi ttee ·shall cause an inspection to be made,
annually beginning April 1, 1987, of each well, its
operation, its maintenance, and its appliances and
equipment. Said inspection shall be made by a
qualified inspector of permittee's choice who is
independent of permittee's business or operation.
A written report regarding said inspection shall be
provided to the Board of Trustees by the inspector
within 14 days of the completion of the inspection.
Permittee shall bear and pay the entire cost of said
inspection.". ·
Section· 2. All Ordinances; Resolutions, and Motions of the
Board of Trustees of the Town of Firestone or parts thereof,
in conflict with the provisions of this Ordinance, are to ·the
·extent of such conflict hereby superseded and repealed.
Section 3. The sections of this Ordinance are hereby declared
to be severable, and if any section, provision, or part
thereof shall be held unconstitutional or invalid, the remainder
of this Ordinance shall continue in full force and effect, it
being the legislative intent that this Ordinance would have
been adopted even if ,such unconsitutional or invalid matter had
not been included herein. It is further declared that .if any
provision or part of Ordinance, or the application thereof
to any person, or circumstance; is held invalid, the remainder
of this Ordinance and the application thereof to other persons
or circumstances shall not be affected thereby.
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance is necessary for the
immediate protection and preservation of the public health,
safety, •convenience, and general welfare, and it is enacted for
that purpose and shall be in full force and effect after passage
and final publication.
.\
Approved, Adopted, and ordered published
the Town of Firestone on the /,:/pf day
_·Mayor·
ATTEST:
by the Board of Trustees of
of . :-Pf~ , 1987.
ORDINANCE NO. dJI
AN ORDINANCE OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO, PERTAINING
TO HOUSING.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COUNTY
OF WELD, STATE OF COLORADO:
SECTION 1. Chapter 3 of the Ordinances of the Town of Firestone be and is
hereby amended to include the following Part X which reads in its entirety
as does Appendix A, hereby attached and incorporated, and which is contain-
ed in its entirety in Appendix A.
SECTION 2. All Ordinances, Resolutions, and Motions of the Board of Trustees
of the Town of Firestone or parts thereof, in conflict with the provisions
of this Ordinance, are to the extent of such conflict hereby superseded and
repealed.
SECTION 3. The sections of this Ordinance are hereby declared to be sever-
able, and if any section, provision, or part thereof shall be held unconstitu-
tional or invalid, the remainder of this ordiQance shall continue in full force
and effect, it being the legislative intent that this Ordinance would have
been adopted even if such unconstitutional or invalid matter had not been
included therein. It is further declared that if any provision or part of this
section, or the application thereof of any person, or circumstances, is held
invalid, the remainder of this Ordinance and the application thereof to other
persons shall not be effected thereby.
In the opinion of the Board of Trustees of the Town of Firestone, Weld County,
Colorado, this Ordinance is necessary for the immediate protection and preserva-
tion of the public health, safety, convenience, and general welfare, and it is
. ' enacted for that purpose and shall be 1n full force and effect after passage
and final publication.
Approved, adopted, and ordered published by the Board of Trustees of the
Tovm of Firestone on the _/~_day of _~--"-,,~7rc.e _____ , 1987.
Mayor
ATTEST:
APPENDIX A
PART X
3-300 TITLE AND SCOPE
A. TITLE These regulations shall be known as the "Firestone Housing Code."
may be cited as such, and will be referred to herein as "this code."
B. PURPOSE The purpose of this code is to provide minimum standards to
sageguard life or limb, health, property and public 1velfare by regulating
and control Ung the use and occupancy, locatton and maintenance· of all
residential buildings and structures within this jurisdiction.
C. SCOPE The provisions of this code shall apply to all buildings or portions
thereof used, or designed or intended to be used, for human habitation.
Where any building or portion thereof is used or intended to be used as a
combination apartment house-hotel, the provisions of this code shall apply to
the separate portions as if they were separate buildings.·
Every rooming house or lodging house shall comply with all the requirements of
this code for dwellings.
D. APPLICATION TO EXISTING BUILDINGS •AND STRUCTURES
1. ADDITIONS, ALTERATIONS OR REPAIRS. For additions,'~tterations or
repairs, see Subsections 104 (a) and (b) of the Building .Code.
2. RELOCATION. Buildings or structures moved into or within this
jurisdiction shall comply with the requirements in ·the Building Code for
new buildings and structures.
3-301 ENFORCEMENT
A. GENERAL
1. AUTHORITY. The Firestone health commissioner or his authorized
representative, who shall also· be the Firestone housing official, is
hereby authorized and directed to enforce all of the provisions of this
code. For such purposes, he shall have the powers of a law enforcement.
officer. He is empowered to adopt and enforce rules and regulations to'·
clarify and expand the provisions of this code in conformity with the
spirit and intent of its stated purpose.
2. RIGHT OF ENTRY Whenever necessary to make an inspection to enforce any
of the provisions of this code, or whenever the health official or his
authorized representative has reasonable cause to believe that there exists
in any building or upon any premises any condition or code violation which
makes such building or premises unsafe, dangerous or hazardous, the health
offical or his ?uthorized representative may enter such building or premises
at all reasonable times to inspect the same or to perform any duty imposed
upon the health official by this code, provided that if such building or
premises be occupied, he shall first present proper credentials and request
entry; and if such building or premises be unoccupied, he shall first make
a reasonable effort to locate the owner or other persons having charge or
control of the building or premises and request entry. If such entry is
refused, the health official or his authorized representative shall have
recourse to every remedy provided by Jaw to secure entry.
3. RESPONSIBILITIES DEFINED . a. Every owner remains liable for violations of duties imposed upon
him by this code even though an obligation is also imposed on the
occupants of his building, and even though the owner has, by agree-
ment, imposed on the occupant the duty of furnishing required
equipment or of complying with this code.
b. All building and structures and all parts thereof shall be main-
tained in a safe and sanitary condition. The owner or his designated
agent shall be responsible for such maintenance. To determine compli-
ance with this subsection, the building may be reinspected.
c. Every owner, or his agent, in addition to being responsible for
maintaining his building in a sound structural condition, shall be
responsible for keeping that part of the building or premises
which he occupies or controls in a clean, sanitary and safe condition,
including the shared or public areas in a building containing two or
more dwelling units.
d. Every owner shall, where required by this code, the health ordinance
or the health officer, furnish and maintain such approved sanitary
facilities as required, arid shall furnish and maintain approved devices,
equipment or facilities for the prevention of insect and rodent infes-
tation, and where infestation has taken place, shall be responsible for
the extermination of any insects, rodents or other pests when such
extermination is not specifically made the responsibility of the occu-
pant by law or ruling.
e. Every occupant of a dwelling unit, i~ addition to being responsible
for keeping in a clean, sanitary and safe condition that ·part of the
dwelling or dwelling unit or premises which he occupies and controls,
shall dispose of all his rubbish, garbage and other organic waste in
a manner required by the health ordinance and approved by the health
officer.
f. Every occupant shall, where required by this code, the health
ordinance or the health officer, furnish and maintain approved devices,
equipment or facilities neccessary to keep his premises safe and sanitary.
B. SUBSTANDARD BUILDINGS All buildings or portions thereof which are determined
to be substandard as defined in this code are hereby declared to be public
nuisances and shall be abated by repair, rehabilitation, demolition or removal
at the expense of the owner of said building or portion.
C. VIOLATIONS
1. It shall be unlawful for any person, firm of corporation to erect,
construct, enlarge, alter, repair, move, improve, remove, convert or
demolish, equip, use occupy or maintain any building or structure or cause
or permit the same to be done in voilation of this code.
2. Any person, firm, or corporation voilating this Housing Code or any
provision of applicable state law, is guilty of a violation of this Code
and, upon conviction thereof, shall be punished by a fine of not more than
Three Hundred Dollars and No/100 ($300.00) , or by imprisionment for not
more than Ninety (90) days, or by both such fine and imprisonment. Each
day during which such illegal erection, construction, reconstruction,
alteration, maintena~ce, or use continues, shall be deemed a separate
offense. In case any building or structure is or is proposed to be erected,
constructed, reconstructed, altered, remodeled, used, or maintained in
violation of this Housing Code, or of any provision of. applicable state
law, the Town Attorney of the Town of Firestone, Weld County, Colorado,
or any owner of real estate within the area, in addition to other remedies
provided by law, may institute an appropriate action for injunction,
mandamus, or abatement to prevent, enjoin, abate, or remove such unlawful
erection, construction, reconstruction, alteration, remodeling, or use.
3-302 DEFINITIONS
A. DEFINITIONS
1. For the purpose of this code, certain terms, phrases, words and their
derivatives shall be construed as specified in either this chapter or as
specified in the Building Code. Where terms are not defined, they shall
have their ordinary accepted meanings within the context with which they
are used. Webster's Third New International Dictionary of the English
Language, Unabridged, copyright 1986, shall be considered as providing
ordinary accepted meanings. Words in the singular include the plural and
the plural the singular. Words used in the masculine gender include the
feminine and the feminine the masculine.
a. BUILDING CODE is the Uniform Building Code promulgated by the
International Conference of Building Officals, as adopted by this
jurisdiction.
b. EFFICIENCY DWELLING UNIT is a dwelling unit containing only one
habitable room and meeting the requirements of Section 403 (b),
Exception.
c. HEALTH OFFICER is the legally designated health commissioner
appointed by the Firestone Board of Trustees.
ct. HOT WATER is hot water supplied to plumbing fixtures at a
temperature of not less than 110° F.
e. MECHANICAL CODE is the Uniform Mechanical Code promulgated
jointly by the International Conference of Building Officials and
the International Association of Plumbing and mechanical officials,
as adopted by this jurisdiction.
f. NUISANCE. The following shall be defined as nuisances:
i. Any public nuisance known at common law or in equity
jurisprudence.
ii. Any attractive nuisance which may prove detrimental to
children whether in a building, on the premises of a
building, or upon an unoccupied lot. This includes any
abandoned wells, shafts, basements or excavations; ·
abandoned refrigerators and motor vehicles; or any
structurally unsound fences or structures; of any lumber,
trash, fences, debris or vegetation which may prove a
hazard for inquisitive minors.
iii. Whatever is dangerous to human life or is detrimental.to
health, as determined by the health officer.
iv. Overcrowding a room with occupants.
v. Insufficient ventilation or illumination.
vi. Inadequate or unsanitary sewage or plumbing facilities.
vii. Uncleanliness, as determined by the health officer.
viii. Whatever renders air, food or drink unwholesome or
detrimental to the health of human beings, as determined
by the health officer.
g. PLUMBING CODE is the uniform Plumbing code ·promulgated by the
International Association of Plumbing and Mechanical Officials.
3~303 SPACE AND OCCUPANCY STANDARDS
A. LOCATION ON PROPERTY
1. All buildings shall be located with respect to property lines and to
other buildings on the same property as required by Section 504 and Part
IV of the Building Code.
B. YARDS AND COURTS
1. · SCOPE. This section shall apply to yards and courts having required
windows opening therein.
2. YARDS. Every yard shall be not less than 3 feet in width for one-
story and two-story buildings. For buildings more than two stories in
height the minimum width of the yard shall be increased at the rate of
1 foot for each additional story. Where yards completely surround the
building, the required width may be reduced by 1 foot.
3. COURTS. Every court shall be not less than 3 feet in width. Courts
having windows opening on opposite sides shall be not less than 6 feet
in width. Courts bounded on three or more sides by the walls of the
building shall be not less than 10 feet in length unless bounded on one
end by a public way or yard. For buildings more than two stories in height
the court shall be increased 1 foot in width and 2 feet in length for each
additional story. For buildings exceeding 14 stories in height, the required
dimensions shall be computed on the basis of 14 stories.
'
Adequate access shall be provided to the bottom of all courts for cleaning
purposes. Every court more than two stories in height shall be provided
with a horizontal air intake at the bottom not less than 10 square feet
in area and leading to the exterior of the building unless abutting a
yard or public way. The construction of the air intake shall be as required
for the court walls of the building, but in no case shall be less than one
hour fire resistive.
C. ROOM DIMENSIONS
1. CEILING HEIGHTS. Habitable space shall have a ceiling height of not
less than .7 feet 6 inches except as otherwise permitted in this section.
Kitchens, halls, bathrooms and toilet compartments may have a ceiling
height of not less than 7 feet measured to the lowest projection from the
ceiling. Where exposed beam ceiling members are spaced at less than 48
inches on center, ceiling height shall be measured to the bottom of these
members. Where exposed beam ceiling members are spaced at 48 inches or
more on center, ceiling height shall be measured to the bottom of the deck
supported by these members, provided that the bottom of the members is not
less than 7 feet above the floor.
If any room in a building has a sloping ceiling, the prescribed ceiling
height for the room is required in only one-half the.area thereof. No
portion of the room measuring less than 5 feet from the finished floor to
the finished ceiling shall be included in any computation of the minimum
area thereof.
If any room has a furred ceiling, the prescribed ceiling height is required
in two-thirds the area thereof, but in no case shall the height of the furred
ceiling be less than 7 feet.
2. FLOOR AREA. Every dwelling unit shall have at least one room which shall
have not less than 120 square feet of floor area. Other habitable rooms,
except kitchens, shall have an area of not less than 70 square feet. Where
more than two persons occupy a room used for sleeping purposes, the required
floor area shall be increased at the rate of 50 square feet for each occupant
in excess of two.
EXCEPTION: Nothing in this section shall prohibit the use of an
efficiency living unit within as apartment house meeting the following
requirements:
a. The unit shall have a living room of not less than 220 square
feet of superficial floor area. An additional 100 square
feet of superficial floor area shall be provided for each
occupant of such unit in excess of two.
b. The unit shall be provided with a separate closet.
c. The unit shall be provided with a kitchen sink, cooking
appliance and refrigeration facilities, each having a clear
working space of not less than 30 inches in front. Light
and ventilation conforming to this code shall be provided.
d. The unit shall be provided with a separate bathroom contain-
ing a water closet, lavatory and bathtub or shower.
3. WIDTH. No habitable room other than a kitchen shall be less than 7
feet in any dimension.
Each water closet stool shall be located in a clear space not less than
30 inches in width and a clear space in front of the water closet stool of
not less than 24 inches shall be provided.
D. LIGHT AND VENTILATION
1. NATURAL LIGHT AND VENTILATION. All guest rooms, dormitories and
habitable rooms within a dwelling unit shall be provided with natural light
by means of exterior glazed openings with an area not less than one-tenth
of the floor area of such rooms with a minimum of 10 square feet. All
bathrooms, water closet compartments, laundry rooms and similar rooms shall
be provided with natural ventilation by means of openable exterior openings
with an area not less than one-twentieth of the floor area of such rooms
with a minimum of 1½ square feet.
All guest rooms, dormitories and habitable rooms within a dwelling unit
shall be provided with natural ventilation by means of openable exterior
openings with an area of not less than one-twentieth of the floor area of
such rooms with a minimum of 5 square feet.
2. ORIGIN OF LIGHT AND VENTILATION. Required exterior openings for natural
light and ventilation shall open directly onto a street or public alley or
a yard or court located on the same lot as the building.
EXCEPTION: Required windows may open into a roofed porch where the
porch:
a. Abuts a street, yard, or court; and
b. Has a ceiling height of not less than 7 feet; and
c. Has the longer side at least 65 percent open and
unobstructed.
A required window in a service room may open into a vent shaft which is
open and unobstructed to the sky and not less than.4 feet in least
dimension. No vent shaft shall extend through more than two stories.
For the purpose of determining light and ventilation requirements, any
room may be considered as a portion of an adjoining room when one half of
the area of the common wall is open and unobstructed and provides an opening
of not less than one tenth of the floor area of the interior room or 25
square feet, whichever is greater.
3. MECHANICAL VENTILATION. In lieu of required exterior openings for
natural ventilation, a mechanical ventilation system may be provided.
Such system shall be capable of providing two air changes per hour in all
guest rooms, dormitories, habitable rooms and in public coridors. One
fifth of the air supply shall be taken from the outside. In bathrooms,
water closet compartments, laundry rooms and similar rooms a mechanical
ventilation system connected directly to the outside, capable of providing
five air changes per hour, shall be provided.
4. HALLWAYS. All public hallways, stairs and other exitways shall be
adequately lighted at all times in accordance with Section 3312 (a) of
the Building Code.
E. SANITATION
1. DWELLING UNITS AND LODGING HOUSES. Every dwelling unit and every
lodging house shall be provided with a bathroom equipped with facilities
consisting of a water closet, lavatory, and either a bathtub or shower.
2. HOTELS.· Where private water closets, lavatories and baths are not
provided, there shall be provided on each floor for each sex at least
one water closet and lavatory and one bath accessible from a public
hallway. Additional water closets, lavatories and baths shall be provided
on each floor for each sex at the rate of one for every additional ten
guests, or fractional number thereof in excess of ten. Such facilities
shall be clearly marked for "Men" or "Women."
3. KITGHEN. Each dwelling unit shall be provided with a kitchen. Every
kitchen shall be provided with a kitchen sink. Wooden sinks or sinks of
similarly absorbent material shall not be permitted.
4. FIXTURES. All plumbing fixtures shall be connected to a sanitary
sewer or to an approved private sewage disposal system. All plumbing
fixtures shall be connected to an approved system of water supply and
provided with hot and cold running water necessary for its normal opera-
tion.
All plumbing fixtures shall be of an approved glazed earthenware type or
of a similaryly nonabsorbent material.
5. WATER CLOSET COMPARTMENTS. Walls and floors of water closet compart-
ments, except in dwellings, shall be finished in accordance with Section
511 of the Building Code.
6. ROOM SEPARATIONS. Every water closet, bathtub or shower required by
this code shall be installed in a room which will afford privacy to the
occupant. A room in which a water closet is located shall be separated
from food preparation or storage rooms by a tight-fitting door.
7. INSTALLATION AND MAINTENANCE. All sanitary facilities shall be
installed and maintained in safe and sanitary condition and in accordance
with applicable requirements of the Plumbing Code.
.. ' .
3-304 MECHANICAL ·REQUIREMENTS
A. HEATING AND VENTILATION
1. HEATING. Every dwelling unit and guest room shall be provided with
heating facilities capable of maintaining a room temperature of 70° F.
at a point 3 feet above the floor in all habitable rooms. Such facilities
shall be installed and maintained in a safe condition and in accordance
with Chapter 37 of the Building Code, and all other applicable laws.
2. ELECTRICAL EQUIPMENT. All electrical equipment, wiring and appliances
shall be installed and maintained in a safe manner in accordance with all
applicable laws. All electrical equipment shall be of an approved type.
Where there is electrical power available within 300 feet of any habitable
building, such building shall be connected-to such electrical power.
Every habitable room shall contain at least two electrical convenience
outlet and one electric light fixture. Every water closet compartment,
bathroom, laundry room and public hallway shall contain at least one
electric light fixture.
3-305 EXITS
A. GENERAL
1. Every dwelling unit or guest room shall have access directly to the
outside or to a public corridor. All buildings or portions thereof shall
be provided with exits, exitways and appurtenances as required by Chapter
33 of ·the Building Code.
Every sleeping room below the fourth story shall have at least one
operable window or exterior door approved for emergency escape or rescue.
The units shall be operable from the inside to provide a full clear
opening without the use of separate tools.
3-306 SUBSTANDARD BUILDINGS
A. DEFINITION
1. GENERAL. Any building or portion thereof which is determined to be
an unsafe building in accordance with Section 203 of the Building Code;
or any building or portion thefeof, including any dwelling unit,0 guest
room or suite of rooms, or the premises on which the same is located, in
which there exists any of the following listed conditions. to an extent
that endangers the life, limb, health, property, safety or welfare of the
public or the occupants thereof shall be deemed and hereby is declared to
be a substandard building.
2. INADEQUATE SANITATION. Inadequate sanitation shall include but not
be limited to the following: ·
a. Lack of, or improper water closet, lavatory, bathtub or shower
in a dwelling unit of lodging house.
b. Lack of, or improper water closets, lavatories and bathtubs
or showers per number of guests in a hotel.
c. Lack of, or improper kitchen sink· in a dwelling unit.
d. Lack of hot and cold running water to plumbing fixtures in
a hotel.
e. Lack of hot and cold running water to plumbing fixtures in
a dwelling unit or lodging house.
f. Lack of adequate heating facilities.
g. Lack of, or improper operation of required ventilating equipment.
h. Lack of minimum amounts of natural I ight and ventilation required
by this code.
i. Room and space dimensions less than required by this code.
j. Lack of required electrical lighting.
k. Dampness of habitable rooms.
I. Infestation of insects, vermin or rodents as determined by the
health officer.
m. General dilapidation or improper maintenance.
n. Lack of connection to required sewage disposal system.
o. Lack of adequate garbage and rubbish storage and removal facilities
as determined by the health officer.
3. STRUCTURAL. HAZARDS. Structural hazards shall include but not be
limited to the following:
a. Deteriorated or inadequate foundations.
b. Defective or deteriorated flooring or floor supports.
c. Flooring or floor supports of insufficient size to carry imposed
loads with safety.
d. Members of walls, partitions or other vertical supports that split,
lean, list or buckle due to defective material or deterioration.
e. Members of walls, partitions or other vertical supports that are
of insufficient size to carry imposed loads with.safety.
f. Members of ceilings, roofs, ceiling arid roof supports or other
horizontal members which sag, split or buckle due to defective
material or deterioration.
g. Members of ceilings, roofs, ceiling and roof supports, or other
horizontal members that are of insufficient size to carry imposed
loads with safety.
h. Fireplaces or chimneys which list, bulge or settle, due to defec~
tive material or deterioration.
4. NUISANCE. Any nuisance as defined in this code.
5. HAZARDOUS ELECTRICAL WIRING. Electrical wiring which was installed in
violation of code requirements in effect at the time of installation or
electrical wiring not installed in accordance with generally accepted
construction practices in areas where no codes were in effect or which has
not been maintained in good condition or.which is not being used in a safe
manner shall be considered substandard.
·6. HAZARDOUS PLUMBING. Plumbing which was installed in violation of
code requirements in effect at the time of installation or plumbing not
installed in accordance with generally accepted construction practices
in areas where no codes were in effect or which has not been maintained
in good condition or which is not free of cross-connections or siphonage
between fixtures shall be considered substandard.
7. HAZARDOUS MECHANICAL EQUIPMENT. Mechanical equipment which was
installed in violation of code requirements in effect at the time of
installation or mechanical equipment not installed in accordance with
generally accepted construction practices in areas where no codes were in
effect or which has not been maintained in good and safe condition shall
be considered substandard.
8. FAULTY WEATHER PROTECTION, which Shall include but not be limited to
the following:
a. Deteriorated, crumbling or loose plaster.
b. Deteriorated or ineffective waterproofing of exterior walls,
roof, foundations or floors, including broken windows or doors.
c. Defective or lack of weather protection for exterior wall
coverings, including lack of paint, or weathering due to lack
of paint or other approved protective covering.
d. Broken, rotted, split or buckled exterior wall coverings or
roof coverings.
9. FIRE HAZARD. Any building or portion thereof, device, apparatus,
equipment, combustible waste or vegetation which, in the opinion of the
chief of the fire department or his deputy, is in such a condition as to
cause a fire or explosion or provide a ready fuel to augment the spread
and intensity of fire or explosion arising from any cause.
10. FAULTY MATERIALS OF CONSTRUCTION. All materials of construction
except those which are specifically allowed or approved by this code and
the Building Code, and which have been adequately maintained in good and
safe condition.
11. HAZARDOUS OR UNSANITARY PREMISES. Those premises on which an
accumulation of weeds, vegetation, junk, dead organic matter, debris,
garbage, offal, rat harborages, stagnant water, combustible materials
and similar materials or conditions constitute fire, health or safety
hazards. ·
12. INADEQUATE EXITS. Except for those buildings or portions thereof
which have been provided with adequate exit facilities conforming to the
provisions of this code, .buildings or portions thereof whose exit facilities
were installed in violation of code requirements in effect at the time of
their constructioG or whose exit facilities have not been increased in
numb~r or width in relation to any increase in occupant load due to altera-
tions, additions or change in use or occupancy subsequent to the time of
construction shall be considered substandard.
Notwithstanding compliance with tode requirements in effect at the time
of their construction, buildings or portions thereof shall be considered
substandard when the building official finds that an unsafe condition
exists through an improper location of exits, a lack of an adequate
number or width of exit, or where other conditions exist which are
dangerous to human life.
13. INADEQUATE FIRE PROTECTION OR FIRE FIGHTING EQUIPMENT. All buildl
ings or·portions thereof which are not provided with the fire-resistive
consturction or fire-extingushing systems or equipment required by this
code, except those buildings or portions thereof which conformed with all
applicable laws at the time of their construction and whose fire-resistive
integrity and fire-extinguishing systems or equipment have been adequately
maintained and improved in relation to any increase in occupant load,
alteration or addition, or any change in occupancy.
14. IMPROPER OCCUPANCY. All buildings or portions thereof occupied for
living, sleeping, co6king or dining purposes which were not designed or
intended to be used for such occupancies.
,:,
ORDINANCE NO. ,,,/..j£
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTION 11-3 OF CHAPTER
11 OF THE ORDINANCES OF THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES, TOWN OF FIRESTONE, WELD
COUNTY, COLORADO:
Section 1. Section .11-3 of Chapter 11 of· ·the Ordinances of the
Town of Firestone be and is amended by the addition of the
f6llowing language at end of the Section as it currently reads:
"The sole exception to this requirement shall be in
the case of an emergency, defined as a serious
happening or situation endangering life, health or
property, which needs prompt attention. In the
event of an emergency, a permit must be obtained
at the first possible opportunity, defined as the
beginning of the next occurring regular business
day.
Section 2. All Ordinances, Resolutions, and Motion of the Board
of Trustees of the Town of Firestone or parts thereof, in conflict
with the provisions of this Ordinance, are to the extent of such
conflict hereby superseded and repealed.
Section 3. The sections of this Ordinance are hereby declared
to be severable, and if any section, provision, or part thereof
shall be held unconstitutional or invalid, the remainder of this
Ordinance shall continue in full force and effect, it being the
legislative intent that this Ordinance would have been adopted
even if such unconsitutional or invalid matter had not been
included herein. It is further declared that if any provision or
part of Ordinance, or the application thereof to any person, or
circumstance, is held invalid, the remainder of this Ordinance and
the application thereof to other persons or circumstances shall
not be affected thereby.
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance is necessary for the
immediate protection and pres~rvation of the public health,
safety, convenience, and general welfare, and it is enacted for
that purpose and shall be in full force and effect after passage
and final publication. .
Approved, Adopted, and ordered published by the Board
the Town of Firestone on the ·;~ day of ---;;:tl1r ,
ATTEST:
of Trustees
1987.
ORDINANCE NO. 236
AN ORDINANCE REGULATING ANIMALS.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COUNTY OF WELD, STATE OF COLORADO:
Section 1. Chapter 8, Health,
PART VII, ANIMALS, of the ordinances of the Town of Firestone
be and is amended to include the following additionalsections
which read as follows in their entirety:
!)
8-47. Animals must be vaccinated.
It shall be unlawful for any person to own,
keep or harbor any dog or cat over six (6)
months of age, unless such dog or cat has
been vaccinated within the previous year
against rabies with a vaccine approved by
the Colorado Department of Health by a
veterinarian licensed to practice veterin-
ary medicine in Colorado. Such rabies
vaccination must be obtained annually during
the months of January and February except
that a person who acquires a dog or cat
between March 1 and December 1 of any
calendar year shall immediately following
such acquisition obtain said vaccination
for the remaining portion of that calendar
year.
8-48. Animals must be licensed.
No person shall, without first obtaining
a Town license, therefore, own, keep or
harbor any dog or cat over six (6) months
of age, except that this section shall not
apply to kennels, veterinarian hospitals,
pet shops, education facilities, and properly
licensed commercial establishments. However,
no such license shall be required for persons
temporarily with the Town for less than
thirty days.
8-49 License Fee.
The annual license fee for dogs and cats shall
be two ($2.00) for each spayed female or
castrated male and five dollars ($5.00) for
for each unspayed female or uncastrated male.
Upon application for the annual license written
proof must be presented from a veterinarian
if the lower license fee is to apply.
/
/
/
/
8-50. Animal Limit
It shall be unlawful to own, .keep or harbor
upon the premises of any dwelling unit more
than .two ( 2) dogs and two ( 2) cats over four ( 4)
months of age; except for veterinarian hospitals,
kennels, pet shops, education facilities, and
properly licensed commercial establishments.
8-51. Nuisance
It shall be unlawful for any person to own,
keep or harbor any animal which is a nuisance,
defined for this section as an animal which
produces or creates any unreasonable disturbance
by excessive or continuing noise, or which
repeatedly threatens or molests persons, chases
vehicles, attacks other animals, damages property
or is repeatedly at large without co·ntrol.
8-52. Running at large
It shall be the duty of each person who owns, keeps
or harbors a dog or cat to physically restrain
said animal fr·om running at large when the animal
is off or away from the premises of said person,
and it shall be unlawful for such person to
fail to comply with said duty. Any dog or
cat found running at large off or away from the
premises of the person who owns, keeps or harbors
it, shall be taken up and impounded and disposed
of in the same manner as is provided in this Code.
8-53. Animals in heat.
It shall be unlawful for any owner, possessor, or
person who keeps any female dog or cat to permit
the same to be or run at large while said dog or
cat is in estris (in heat or in season) or to
permit the same to create a nuisance by attracting
other dogs or cats to the premises, and the
same is declared a nuisance.
Section 2. All Ordinances, Resolutions, and Motions of the
Board of Trustees of the Town of Firestone or parts thereof,
in conflict with the provisions of this Ordinance, are to the
extent of such conflict hereby superseded and repealed.
Section 3. The sections of this Ordinance are hereby
declared to be severable, and if any section, provision, or
part thereof shall b~ held unconstitutional or invalid, the
remainder of this Ordinance shall continue in full force
and effect, it being the legislative intent that this
Ordinance would have been adopted even if such unconstitu-
tional or invalid matter had not been included therein.
It is further declared that if any provision or part of
this section, or the application thereof of any person,
or circumstances, is held invalid, the remainder of this
ordinance and the application thereof to other persons
shall not be effected thereby.
In the opinion of the Board of Trustees of the Town of
Firestone, Weld ·County, Colorado, this Ordinance is
necessary for the immediate protection and preservation
the public health, safety, convenience, and general
welfare. and it is enacted for that purpose and shall
be in full force and effect after passage and final
publication.
Approved, ·adopted,
of Trustees of the
of ~~
ATTEST:
arid ordered published by the Board
Town of Firestone on the _:1_ day
, 1987.
•
V ORDINANCS NO. 231
\
1
AN ORDINANCE OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO,
AMENDING THE FLOOD PLAIN REGULATIONS.
BE IT ORDAINED BY THE BOARD OF TRUSTEES, TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1. Section 10-125 of the Ordinances of the Town of
Firestone be and is amended by the complete deletion of
its current language and the addition of the following
language:
Section 10-125. Authorization.
The Legislature of the State of Colorado has in
Title 31, Article 23, CRS 1973, delegated the respon-
sibility to locql governmental units to adopt regu-
lations designed to promote the public health, safety,
and general welfare of its citizenry. Therefore,
the Town Council of Firestone, Colorado does ordain
the following ordinances.
Section 2. Section 10-129 of the Ordinances of the
Town of Firestone be and is amended by the complete
deletion of the current language in the definitions
of "mobile home", "new mobile home park or mobile
home subdivision", "existing mobile home park or
mobile home subdivision", "expansion to an ex1sting
mobile home park or mobile home subdivision", "start
of construction", and "habitable floor" and the 'addi-
tion of the following language:
(t) "Manufactured home" means a structure, transportable
in one or more sections, which is built on a
permanent chassis and is designed for use with or
without a permanent foundation when connected to
the required utilities. This term also includes
park trailers, travel trailers and other simi-
lar vehicles placed on a site for greater than
180 consecutive days.
(u) "New manufactured home park or manufactured
subdivision" means a parcel (or contiguous par-
cels) of land divided into two or more mobile home
lots for rent or sale for which the construction
of facilities for servicing the lot (including,
at a minimum, the installation of utilities,
either final site grading or the pouring of
concrete pads, and the construction of streets)
is completed on or after the effective date of
this Ordinance.
(v) "Existing manufactured home park or manufactured
home subdivision" means a parcel (or contiguous
parcels) of land divided into two or more mobile
home lots for rent or sale for which the con-
struction is to be affixed (including, at a
minimum, the installation of utilities, either
final site grading or the pouring of concrete
pads, and the construction of streets) is com-
pleted before the effective date of this Ordinance
(w) "Expansion to an existing manufactured home park
or manufactured home subdivision" means the
preparation of additional sites by the donstruction
of facilities for servicing the lots on which
the mobile homes are to be affixed (including
the installation of utilities, either final site
grading or pouring ·of concrete or the construction
of streets).
(x) "Start of Construction" includes substantial
improvement and means the date the building per-
mit was issued, provided the actual start of
construction, repair, reconstruction, placement,
or other improvement was within 180 days of the
permit date. The actual start means the first
placement of permanent construction of a
structure on a site, such as the pouring of slab
or footings, the installation of piles, the
construction of columns, or any work beyond the
stage of excavation; or the placement of a manu-
factured home on a foundation. Permanent con-
struction does not include land preparation,
such as clearing, grading and filling: nor
does it include the installation of streets and/
or walkways; nor does it include excavation
for a basemerit, footings, piers, or foundations
or the erection of temporary forms; nor does it
include the installation on the property of
accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of
the main structure.
(y) Lowest floor" means the lowest floor of the lowest
enclosed are (including basement). An unfinished
or flood resistant enclosure, usable solely
for parking of vehicles, building access or storage,
in an area other than a basement area, is not
considered a building's lowest floor.
Section 2. Section 10-12. of the Ordinances of the Town
of Firestone be and is amended by the addition of the
following language:
( z) "Critical Feature" means an integral and readily
identifiable part of a flood protection system,
(z) cont'd
without which the flood protection provided by
the entire system would be compromised.
(aa) "Levee" means a man-made structure,
usually an earther embankment, de-
signed and constructed in accordance with
sound engineering practices to contain, con-
trol, or divert the flow of water so as
to provide protection from temporary flooding.
(bb) "Levee system" means a flood protection
system which consists of a levee, or levees,
.and associated structures, such as closure and
drainage devices, which are constructed and
operated in accordance with sound engineering
practices.
(cc) "Mean sea level" means, for purposes of
the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929
or other datum, to which base flood elevations
shown on a community's Flood Insurance Rate
Map are referenced.
(dd) Program Deficiency" means a defect in a
community's flood plain management regulations
or administrative procedures that impairs effec-
tive implementation of those. flood plain
management regulations or of the NFIP standards
in§ 60.3, 60.4, 60.5, or 60.6.
(ee) "Remedy a Violation" means to bring the
stucture or other development into compliance
with State or local flood plain management
regulations, or, if this is not.possible,
to reduce the impacts of its noncompliance.
Ways that impacts may be reduced include pro-
tecting the structure or other affected develop-
ment from' flood damages, implementing the en-
forcement prov.isions of the ordinance or other-
wise deterring future similar violations, or
reducing Federal financial exposure with regard
to the structure or other development.
(ff) "Violation" means the failure of a struc-
ture or other development to be fully compliant
with the community's flood plain management regu-
lations. A structure or other development without
the elevation certificate, other certifications,
or other evidence of compliance required in
NF IP standards § 6 0 . 3 ( b) ( 5 ) , ( c) ( 4 ) , ( c) ( 10 ) ,
( d) ( 3), ( e) ( 2), ( e) ( 4), or ( e) ( 5) is presumed to
be in violation until such iime as that docu-
mentation is provided.
i
( gg) "Water Surface Elevation" means the height,
in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, (or other datum, where
specified) of floods of various magnitudes and
frequencies in the flood plains of coastal or
riverline areas.
Section 3. The Flood Plain Regulations of the Town of
Firestone, Weld County, Colorado, be and are amended by the
deletion of the word "habitable" in each location in which
it exists and the insertion of the words "lowest floor" at
each of those locations.
Section 4. Section 10-138, subsection 6(i), of the
Ordinances of the Town of Firestone be and is amended by
the complete deletion of its current language and the
addition of the following language:
(i) Verify and record theactual elevation (in re-
lation to mean sea level to woich the structure
has been floodproofed); and
Section 5. Section 10-140, subsection (l)(a)(l) of the
Ordinances of the Town of Firestone be and is amended by the
complete deletion of its current language and the addi-
tion of the following language:
(1) All new construction and substantial improvements
shall be anchored to prevent flotation, collapse,
or lateral movement and to withstand hydrodynamic
loads.
Section 10-140, subsection (l)(b) of the Ordinances of
the Town of Firestone be and is amended by the addition of
the following language at its end:
(3) For all new construction and substantial improve-
ments, fully enclosed areas below the lowest floor
that are subject to flooding shall .be designed to
automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement
must either be certified by a registered professional
engineer or architect or must meet or exceed the
following minimum criteria: A minimum of two
openings having a total net area of not less than
one square inch for every square foot of enclosed
area subject to flooding shall be provided. The bottom
of all openings shall be no higher than one foot
above grade. Openings may be equipped with screens,
louvers, or other coverings or devices provided
that they permit the automatic entry and exit of
floodwaters.
Section 10-140, subsection (l)(c) of the Ordinances of
the Town of Firestone be and is amended by the addition of
the following language at its end:
(4) Electrical. heating, ventilation, plumbing, and air-
conditioning equipment and othe service facilities
shall be designed and/or located so as to prevent water
from entering or accumulating within the components
during conditions of floodi~g.
Section 10-140, subsection (2)(c) of the Ordinances
of the Town of Firestone be and is amended by the complete
deletion of its current language and the addition of the
following language: ·
(1) Manufactured homes shall be anchored in accordance
with Section 10-1.40 (l)(a)(2) (i-iv).
(2) All manufactured homes or those to be substantially
improved shall be elevated on a permanent foundation
such as the lowest floor of the manufactured home is
at or above the base flood elevation and is securely
anchored to an adequately anchored foundation
system.
Section 10-140 subsection (3)(a) through (c) inclusive
of the Ordinances of the Town of Firestone be and is amended
by the complete deletion of its current language and the
addition of the following language:
(a) Prohibit encroachments, including rill, new
construction, substantial improvements, and
other development unless certification by a
registered professional engineer or architect
is provided demonstrating that encroachments
shall not result in any increase in flood ·
levels during the occurrence of the base flood
discharge.
(b) If Section 5.3(a) is satisfied, all new con-
struction and substantial improvements shall
comply with all applicable flood hazard re-
duction provisions of Section 10-140 PROVISIONS
FOR FLOOD HAZARD REDUCTION.
Section 4. All ordinances, resolutions, and motions of the
Board of Trustees of the Town of Firestone, or parts thereof,
in conflict with the provisions of this Ordinance, are to
the extent of such conflict hereby superseded and repealed.
~ection 5. The sections of this Ordinance, are hereby de-
clared to ber severable, _and if any section, provision, or
part thereof shall be held to be unconstitutional or in-
. '
valid, the remainder of this Ordinance shall continue to be
in full force and effe6t, it being the legislative inte~t
that this Ordinance would have been adopted even is such un~
constitional or invalid matter had not been included therein.
It is further declared that if any provision or part of
this section, or the application thereof to any person or
circumstances is held invalid, the remainder of this
Ordinance and the application thereof to other persons or
situations shall not be effected t~ereby.
In the opinion of the Board of Trustees of the Town of
Firestone, Weld County, Colorado, this Ordinance is necessary
for the immediate protection and preservation of the pub-
lic health, safety, convenience and general welfare, and it
is enacted for the purpose and shall be in full force and
effect after passage and final publication.
Ap.p roved, adopted and order.ed.published by the Boar~
Trustees of the Town of Firestone on the dP' of ~
1987. ·
Mayol?/
ATTEST:
~/~
Town Clerk
ORDINANCE NO. d1f
AN ORDINANCE PROHIBITING GAMBLING.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE COUNTY OF WELD,
STATE OF COLORADO:
Section 1. Chapter 9, Part IV of the ordinances of the Town of Firestone be and
1s amended to include the following sections which read as follows in their
entirety:
9-4.7. Gambling Prohibited. It shall be unlawful for any person within
the Town of Firestone to wager on or participate in any game whatsoever for
any sum of money or other thing of value the payment or transfer of which
is determined by, happens or is based upon the result of such game.
9-4.8. Gambling House or Place Prohibited. It shall be unlawful for any
person to own, lease, occupy, have or keep any room or place in the Town of
Firestone wherein gambling in any manner or kind is carried on, set; up,
permitted or allowed to occur. \.
9-4.9. Exceptions. Each and every lottery activity specifically
established, regulated and controlled by the State of Colorado shall be
excepted from the prohibitions of Section 9-4.7 and 9-4.8.
Section 2. All Ordinances, Resolutions, and Motions of the Board of Trustees of
the Town of Firestone or parts ,thereof, in conflict with .the provisions of this
Ordinance, are to the extent of such conflict hereby superseded and repealed.
Section 3. The sections of this Ordinance are hereby declared to be severable,
and if any section, provision, or part thereof shall be held unconstitutional or
invalid, the remainder of this Ordinance shall continue in full force and
effect, it being the legislative intent that this Ordinance would have been
adopted even if such unconstitutional or invalid matter had not been included
therein. It is further declared that if any provision or part of this section,
or the application thereof to any person, or circumstances, is held invalid, the
remainder of this Ordinance and the application thereof to other persons shall
not be affected thereby.
In the opinion of the Board of Trustees of the Town of Firestone, Weld County,
Colorado, this Ordinance is necessary for the immediate protection and
preservation of the public health, safety, convenience, and general welfare, and
it is enacted for that purpose and sha 11 be in full force and effect after
passage and final publication.
Approved, adopted, and,ordered publ~j ~Y the Board of Trustees of the Town of
"""'"' " the ii'.'. ,,, of o✓~~ ~
Mayor-.
ATTEST:
~~« own Cler
ORDINANCE NO. d:,jY
AN ORDINANCE PROHIBITING GAMBLING.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE COUNTY OF WELD,
STATE OF COLORADO:
Section 1. Chapter 9, Part IV of the ordinances of the Town of Firestone be and
1s amended to include the fol lowing sections which read as follows in their
entirety:
9-4.7. Gambling Prohibited. It shall be unlawful. for any person within
the Town of Firestone to wager on or participate in any game whatsoever for
any sum of money or other thing of value the payment or transfer of which
is determined by, happens or is based upon the result of such game.
9-4.8. Gambling House or Place Prohibited. It shall be unlawful for any
person to own, lease, occupy, have or keep any room or place in the Town of
Firestone wherein gambling in any manner or kind is carried on, set, up,
permitted or allowed to occur.
9-4.9. Exceptions. Each and every lottery activity specifically
established, regulated and controlled by the State of Colorado shall be
excepted from the prohibitions of Section 9-4.7 and 9-4.8.
Section 2. All Ordinances, Resolutions, and Motions of the Board of Trustees of
the Town of Firestone or parts thereof, in conflict with the provisions of this
Ordinance, are to the extent of such conflict hereby superseded and repealed.
Section 3. The sections of this Ordinance are hereby declared to be severable,
and if any section, provision, or part thereof shall be held unconstitutional or
invalid, the remainder of this Ordinance shall continue in full force and
effect, it being the legislative intent that this Ordinance would have been
adopted even if such unconstitutional or invalid matter had not been included
therein. It is further declared that if any provision or part of this section,
or the application thereof to any person, or circumstances, is held invalid, the
remainder of this Ordinance and the application thereof to other persons shall
not be affected thereby.
In the opinion of the Board of Trustees of the Town of Firestone, Weld County,
Colorado, this Ordinance is necessary for the immediate protection and
preservation of the public health, safety, convenience, and general welfare, and
it is enacted for that purpose and shall be in full force and effect after
passage and final publication.
Approved, adopted, and.ordered pub1~e~by the Board of Trustees of the Town of
Fimto,o o, th, Z: day of at:afi( ~ ~
Mayor' ·
ATTEST: ~
~q#~/ own lerk
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ORDINANCE NO. c/.._?jl
TOWN OF FIRESTONE, COLORADO
AN ORDINANCE APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING
AGENCIES, IN THE AMOUNTS AND. FOR THE PURPOSES AS SET FORTH BELOW, FOR THE
TOWN OF FIRESTONE, COLORADO, FOR THE 1988 BUDGET YEAR.
WHEREAS, the Board of Trustees has adopted the annual budget in accordance
with the Local Government Budget Law, on November 5, 1987, and;
WHEREAS, the Board of Trustees has made provision therein for revenues in
an amount equal to or greater than the total proposed expenditures as set
forth in said budget, and;
WHEREAS, it is not only required by law, but also necessary to appropriate
the revenues provided in the budget to and for the purposes described·
.below, so as not to impair the operation of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. That the following sums are hereby appropriated from the
revenues of each fund, to each fund, for the purposes stated:
General Fund
Total General Fund
Revenue Sharing Trust Fund
Total Revenue Sharing Trust Fund
Park Fund
Total Park Fund
Debt Service Fund
Debt Service
Total Debt Service Fund
. Police Pension Fund·
Total Police Pension Fund
Conservation Trust Fund
Total Conservation Trust Fund
Street and Highway Fund
Total Street and Hi gh1,ay Fund
Water Fund
Total Water Fund
$ 7,850
$180,057
$
$ 1 , 300
$ 7,850
$ 7,900
$45,354
$181,159
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APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
OF THE TOWN OF FIRESTONE, COLORADO, THIS FI.FTH DAY OF NOVEMBER, 1987.
TOWN OF FIRESTONE, COLORADO
ATTEST:
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RESOLUTION NO.
TOWN OF FIRESTONE, COLORADO.
RESOLUTION TO ADOPT BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND, AND
ADOPTING A BUDGET FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE CALENDAR
YEAR BEGINNING ON THE FlRST DAY OF JANUARY, 1988, AND ENDING ON THE LAST
DAY OF DECEMBER, 1988.
WHEREAS, the Board of Trustees of the Town of Firestone has directed
Trudence L. Peterson, Town Clerk/Treasurer, to prepare and submit a
proposed budget to said governing body at the proper time, and;
WHEREAS, Trudence L. Peterson, Town Clerk/Treasurer, has submitted a
proposed budget to this governing body on October 16, 1987, for its
consideration, and; ·
WHEREAS, upon due and proper notice, published or posted in accordance with
the law, said proposed budget was open for inspection by the public at a
designated place, and interested taxpayers were given the.opportunity to
file or register any objections to said proposed budget, and;
-WHEREAS, whatever increases may have been made in the expenditures, 1 i ke
increases were added to the revenues so that the budget remains in balance
as required by law. ·
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. That the budget as submitted, amended, and as attached to
this resolution, be, and the .same hereby is approved and adopted as the
budget of the Town of Firestone for the year stated above.
Section 2. That the budget hereby approved and adopted shall be signed
by the Mayor, and ~ade a part of the public records of the Jown.
·_ ADOPTED THIS -# DAY -OF NOV MB A.O., 1987.
ATTEST:
~rk✓ . -· -own ~!er
ORDINANCE NO.
AN ORDINANCE CREATING THE POSITION OF CIRCUIT RIDER FOR THE TOWN OF
FIRESTONE, WELD COUNTY, COLORADO.
BE IT ORDAINED BY THE TRUSTEES OF THE TOWN OF FIRESTONE, COUNTY OF
WELD, STATE OF COLORADO:
Section 1. Section 4 of Chapter 1 of the Ordinances of the Town of
Firestone be and is amended to include the following additional
sentence, which shall be the final sentence of the section, which reads
as follows in its entirety:
There shall be appointed by the Board of Trustees a
Circuit Rider/Town Administrator whose duties,
remuneration, and conditions of employment shall be
determined by the Board of Trustees.
Section 2. All Ordinances, Resolutions, and Motions of the Board of
Trustees of the Town of Firestone or parts thereof, in conflict with
the provisions of this Ordinance, are to the extent of such conflict
hereby superseded and repealed.
Section 3. The sections of this Ordinance are hereby declared to be
severable, and if any section, provision, or part thereof shall be held
unconstitutional or invalid, the remainder of this Ordinance shall
continue in full force and effect, it being the legislative intent that
this Ordinance would have been adopted even if such unconstitutional or
invalid matter had not been included therein. It is further declared
that if any provision or parts of this section, or the application
thereof to any persons, or circumstances, is held invalid, the
remainder of this Ordinance and the application thereof to other
persons shall not be effected thereby.
In the opinion of the Board of Trustees of the Town of Firestone, Weld
County, Colorado, this Ordinance is necessary for the immediate
protection and preservation of the public health, safety, convenience,
and general welfare, and it is enacted for that purpose and shall be in
full force and effect after passage and final publication.
Approved, adopted, and ordered ~lished by the Board of Trustees of
the Town of Firestone on the ~day of '!/4,-4--t.£ , 1987.
Mayor
ATTEST:
ORDINANCE NO. J'f/
AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE
ACCESS FACILITIES WITHIN THE TOWN OF FIRESTONE: AUTHORIZING SERVICE SUPPLIERS
TO COLLECT SAID EMERGENCY TELEPHONE CHARGES: AND AUTHORIZING THE MAYOR TO SIGN
AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY
IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE
TOWN OF FIRESTONE.
WHEREAS, in the interest of protecting and preserving public safety and
welfare, it is desirable that the citizens of the Town of Firestone, Colorado,
be provided with emergency telephone service to aid the timely provision of
emergency service; and
WHEREAS, the Board of Trustees of the Town of Firestone, Colorado, finds
that the Town is lawfully authorized to impose a charge upon telephone sub-
scribers with the Town of Firestone and to authorize telephone service suppliers
to collect said charge, and to enter into an agreement with the governing bodies
of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101
and 29-1-201 et. seq., as amended, in order to establish and maintain the emer-
gency telephone service system within the Town of Firestone; and.
WHEREAS, such a system would be in the best interest of the Town of
Firestone.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO.
Section 1. The Mayor is authorized to sign the attached intergovernmental
agreement creating an emergency telephone service authority in order to establish
and maintain an emergency telephone service system in the County of Weld, ;:
Colorado to inlcude the portions of this Town lying within the County of Weld,
Colorado.
Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes,
Section 29-11-101, et seq., as amended, upon all telephone exchange access
facilities within that portion of the Town of Firestone, located within Weld
County, an emergency telephone charge in an amount not to exceed 2% (two
percent) of the tariff rates as approved by the Public Utilities Commission or
$.50 (fifty cents) whichever is less. Upon Authority, the Town Board may, by
Resolution, raise or lower the emergency telephone charge, but in no event,
shall such charge exceed the amount of 2% (two perc.ent) of the tariff as
approved by the Public Utilities Commission.
Section 3. Telephone service suppliers providing telephone service in
the Town of Firestone are hereby authorized to collect the emergency telephone
charge imposed by this ordinance in accordance with.Colorado Revised Statutes,
29-11-101 et seq., as amended and to provide those funds to the Weld Emergency
Telephone Service Authority as provided in the Intergovernmental Agreement.
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Section 4. T~is .ordinance shall not be effective until the intergovern-
mental agreement creating the emergency telephone service authority and
concerning the implementation of an emergency telephone service system is signed
by representatives of all parties to the agreement.
INTRODUCED, READ AND ORDERED PUBLISHED this //# day of,,--=,.:2r4ll~~'.'.__
A.O., 19f.9.
ATTEST: /) /}
~--L ,.e ~z;;rJ<r?i--!
1 Town Clerk .
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A G R J:: E M E N T
THIS AGREEMENT, made and entered into between,the +<···-·.~~--.
' (;T'2EZ~£,,.f1,~~~~~;Ja municipal· corporation .of the State
of Colorado, hereinafter referred. to as .the "Town" , and
THE MOUN'l'AIN STATES TELEPHONE AND TE,LEGRAPH COMPANY, a Colorado
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corporation, hereinafter referred to as the "Company,"
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WITNESSETH:
In consideration of the mutual promises.and covenants
herein contained,.the.parties agree:
1. Effective Jun€! 1, 1966; and thereafter during the
,.,;., ;._., ,.,,_-,.,,a·. '·"""""'"•''"'•-.,.,•l..t\">'.\Jr.,:.r,~,;•<, .. ...., . ._.,.,.,,._,_.....,_.__.;_ '
life of this Agreement, t~ •. s;£>1!l!l.~n:•L,eb.~lt.P..€!Y.J;_o the TOWI\,
in lieu.of all other license or franchise taxes, the sum of •• ~··••·,..__,,,...,._~_,.._..,,,,....c..""a·-li...-,,.......,.,,4,,..,.;,..,;, ,_,...,_;.,.,,,,.,:..,,.-,_.,,.,__.,.L,,,..,.,~v.,.'--.,._.,.'".,"'·...,,~""...._."_...,..__~,...,._,,_,~'"'-••~-= .... ,-_.....,,,.__
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,E};.!.:~x Dolla3;s • .l~2i:.£2J,_!t.E.~~ . .2'.D!' •. -first payment shall b..ec~ ,' ,· · ·
1;:_~de .· · ~2.~1!,.._I?£~~1:~ .... l?al!.~,.£~f,..;~1:!:t~ ... £~£.¼,2.4,.g::g,n!;l,,.,};,~:..J 9 p L.....,throu_gl:\_
P-~~~~~ .. ~~LI,t!,:;.1.2.~~~,t,_,,J.~~h~;-~J?~~,!;;~!¥~P~~!\'1:~-~~~!-?!!l~-~a-~i~~¼,~~X~~LW,"'
.4: X.:L .. ,el!~E~.IIJl?.ef,.:..c~l., .... }2,§.Ji~.,....• p ayme..!lt!!~.th~~:f~El~J t;.~.f,,;0S he l :j,"' b §. ' • ' '' . : ,_.-., ·. -·--... '.-.-.·' "' :· ,.·_•· .. ,_. -:· "._ " -, ,•.,'' . , ... ,, +·:'" ,•··. . : .. -s• ,"'.',: "".', -'·,·. : ' '
made annually .to the Treasµrer ofJ:h~ Town, within sixty.
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(60) days after the end <:>f eac:h calendar year, ,.~•--,,.,.,_.., .. , .... ,. .• .,,_ -~-"' c..... ............ ,....,· ~ ......... ~-c,: ;.,.-,.,,...,.. _-'. ,-. .,0 _,..,,,. __ ,,.,,,~_, __ · •;, ... , ... , .... _ .. ,,. -, ·7...,,.,,,,__,,, _ _,.,,__,,, __ ~--
2. During the li£e of this Agreic!men.t:, .and: so long
as the Company continues· to make .the payments herein required,
the •'tOWn4 ..§hall not .. and agrees not to assess. any .additional : _ .. _ ,~-"",~':~-'\ , ." -g~~~-:~~~~~----~...J . _ -<. v (:<,i.,-~..,~•/4:<-.,.,.. .. ~,..,<;;;;;,,.?/41•M.<1./••?l-:•,iioa.,;,,h·~f:"'.:'.
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exaction .upon the Comeany, whatever the form of such tux ' ... ,,., ..... ~ .. •,, --.,,.-~,,,_· ' ,., ,.. __ ,,,._ ·-
or levy l\iay be, including, but not ~Y way of limitation,
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franchise taxes, license 1.i: .cs, occupation taxes.,, 11::.,:, r,f
the streets taxes, taxes bzc:;,,c• urmn poles, wire, c,ii·,·;1; ;_ t,
telephone instruments, employees, business or rcven11e; and
if the Town levies or attempts to levy a tax or exaction
other than as provided in this Agreement, the liab.l lit,,
of the Company under this Agreement shall forthwith cease,,
notwithstanding any other provision contained herein. 'rhe
taxes and levies described in this paragraph shall not be
deemed to include. general property taxes or special assessmcntc
for local imprpvem4:lnts.
3. The. Company shall, during the term of this l\greemcn t,
be subject to the lawful exercise of the police power of
the Town by ordinances which the Town from time to time
may duly enact. It is expressly understood and ag-reed the.
company shall save the Town harmless from all losses sustained.·
by the Town .on account of any suit, judgment, execution,
claim or demand whatsoever resulting from .the negligence
of the Company or its agents in the construction or maintenance
of its telephone system within the Town. In connection
therewith, the Town agrees to notify the Company's local
manager within five days after the presentation of 11hy claim
or demand, either by suit or otherwise, made. against the·
Town on account of the construction, maintenance and use
of the aforesaid telephone facilities within the Town.
4. The Company will replace, repair or reinstall
any damage to the streets, alleys, sidewalks, curbs or
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other property of the Tow1·1 caused by any construction or
maintenance work carried on l>y the company with; ,1 1 · ··•rn•,r,
limits.
5. It is expressly understood and agreed th,JL the
payments to be made by the Co1,1pany are in consiclcra-:i,,,·,
of the Town's agreement not, to levy any other form of occur·•:,,;: , ..
or privilege tax upon the company; this Agreement is not
a grant of• franchise rights o:c privileges; and the f~Xecution
of this Agreement shall not constitute a waiver, either
upon the part of the Company or the Town, of any rights
or claims had or made by either party wi'th respect to the
occupancy of the streets, ·alleys, and public ways of the
Town under the laws or Constitution of Colorado, nor shall
it in any wise prejudice or impair any claims or rights
of the Town or the Company·or its predecessors dr successors
with respect to the ,:;onstruction, operation and maintenance.,
either before or after this Agreement of a telephone system
in the Town.
6, The provisions of this Agreement are subject
to the superior power of any governmental authority, Whether
·state or federal, having jurisdiction of the premises or
exercising regulatory jurisdiction-over the Company.
7. This Agreement shall be in ful~. force and effect
until terminated as herein prcivided, This Agreement may
be terminatt:!d by either party upon s.ix (6) months' notice,
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such notice to be in writing EJ.nd to be directe¢1 to the
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Mayor of the To:w11 e>r the.local manager of the. Company, as
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IN WX?.11,mss WHBRE0.1', tho pa:rtios hereto have c:.iu,;od
this Agreement to be executed by their officers, duly authorized,
this ::; q day· of )Jk. : , 1966.
ATTEST:
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TOWN OF FIRESTONE
THE MOUNTAIN STATES. TELEPHONE AND
TELEGRAPH COMPAt~Y
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ORDINANCE NO.
AN ORDINANCE OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO,
AMENDING THE FLOOD PLAIN REGULATIONS.
BE IT ORDAINED BY THE BOARD OF TRUSTEES, TOWN OF FIRESTONE,
WELD COUNTY, COLORADO
section 1. Section 10-131 of the Ordinances of the Town of
Firestone be and is amended by the deletion of the words
"December 18, 1979 11 and their replacement by the words "June
1, 1979.11
Section 2. Section 10-138.(4) of the Ordinances of the Town
of Firestone be and is amended by the deletion· of the words
"and reasonably utilize any base flood elevation data" and
their replacement by the . words If and reasonably . utilize any
base elevation and floodway data . ."
Section 3. Section 10-140. (2) (a) of the Ordinances of the
Town of Firestone be and is amended by the addition of the
following words at the end of the current section:
"(1) It is required that, within any AO
and AH Zone on the FIRM, all new
construction and substantial
improvements of residential
structures have the lowest floor
(including basement) elevated above
the highest adjacent grade at least
as high as the depth number
specified in feet on the FIRM ( at
least two feet if no depth number is
specified) .
(2) It is required that, within Zones AO
and AH, there be adequate drainage
paths around structures on slopes to
guide floodwaters around and away
from proposed structures."
Section 4. Section 10-140. (2) (b) of the Ordinances of the
'l'own of Firestone be and is amended by the addition of the
following words at the end of the current section:
" ( 4) It is required that, within any AO
and AH Zone on the FIRM, all new
construction and substantial
improvements of nonresidential
structures (i) have the lowest floor
( including basement) elevated above
the highest adjacent grade at least
as high as the depth number
specified in feet on the FIRM (at
least two feet if no depth number is
specified), or (ii) together with
attendant . utility and sanitary
facilities be completely flood-
proofed to that level to meet the
flood-proofing standards specified
in Section 10-140. (2) (b) (1), (2) and
( 3) •
(5) It is required that, within Zones AO
and AH, adequate drainage paths
around structures on slopes to guide
floodwaters around and away from
proposed structures.
Sections. Section 10-129 of the Ordinances of the Town of
Firestone be and is amended by the .deletion of subsection
"(v) Existing manufactured home park or manufactured home
subdivision", in its entirety, and by the deletion of
subsection "(w) Expansion to an existing manufactured home
park or manufactured home subdivision," in its entirety.
Section 6. All ordinances, resolutions, and motions of the
Board of Trustees of the Town of Firestone, or parts thereof,
in conflict with the provisions o·f this Ordinance, are to the
extent of such conflict hereby superseded and repealed.
section 7. The sections of this Ordinance are hereby
declared to be severable, and if any section, provision, or
part thereof shall be held to be unconstitutional or invalid,
the remainder of this Ordinance shall continue to be in full
force and effect, it being the legislative intent that this
Ordinance would have been adopted even if such
unconstitutional or invalid matter had not been included
therein. It is further declared that if any provision or
part of this section, or the application thereof to any
person or circumstances is held invalid, the remainder of
this Ordinance and the application thereof to other persons
or situations shall not be effected thereby.
In the opinion• of the Board of Trustees of the Town of
Firestone, Weld County, Colorado, this Ordinance is necessary
for the immediate protection and preservation of the public
health, safety, convenience and general welfare, and it is
enacted for the purpose and shall be in full force and effect
after passage and final publication.
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adopted and ordered 'p-ublishedu?Y the Board of
the Town of Firestone on the L:{:.-_-day of -
---,'4~!.Ll--_.:_ _ _.:_..;_• ~ I 19 8 8 •: , :_ ' : ---__ C , C C ,
ATTEST: · =~~u~ Town Clerk -
ORDINANCE NO.
AN ORDINANCE REGULATING MANUFACTURED HOMES.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, WELD COUNTY, COLORADO: 1
Section 1. Subsection PP of Section 10-32 of the Code,of the
Town of Firestone be and is amended by the complete deletion
of its current language and the addition of the following:
PP. Manufactured Home.
home means a manufactured
term is defined by C.R.S.
seq. ·, as amended.
Manufactured
home as that
31-23-301 et.
Section 2. Section 10-32 of the Code of the Town of
Firestone be and is amended to include the following
additional subsection which reads as follows in its entirety:
ss. Equivalent Performance Engineering
Basis. The term "equivalent performance
engineering basis" is used herein as it
is defined in C.R.S. 31-23-301 et. seq.,
as amended.
Section 3. Subsection G of Section 10-38 of the Code of the
Town of Firestone be and is amended by the Complete deletion
of its current language and the addition of the following:
G. Special Use Permit Modular Homes and
Manufactured Homes. Modular homes and
manufactured homes as defined·above shall
be allowed as a special use in the R-1,
R-2, and R-3 .Zones in the Town of
Firestone provided a Special Use Permit
is applied for and approved by the Board
of Trustees. A Special Use Permit shall
be granted to an applicant provided each
of the following conditions is met:
1. Such home for which the
application is made meets or
exceeds, on an equivalent
performance engineering basis,
all requirements of the
Firestone Building Code.
2. Such home for which the
application is made is
certified pursuant to the
"National Manufactured Housing
construction and Safety
Standards Act of 1974," 42
u.s.c. 5401 et. seq., as
amended, and proof of such
certification is produced for
the Town by the applicant.
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3 '. ' such home· 'for which the
application is made meets all
Zone District Standards as set·
forth' in• Chapter 10:of the Code ~
of the Town of Firestone ..
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4. such home for which the
application is made has its own
separate, individual sewer tap,
water tap, and electrical hook-
up.
Section 4. All Ordinances, Resolutions, and Motions of the
Board of Trustees of the Town of Firestone or parts thereof,
in conflict with the provisions of this Ordinance, are to the
extent of such conflict hereby superseded and repealed.
Section 5. The Sections of this Ordinance are hereby
declared to be severable, and if any section, provision or
part thereof shall be held unconstitutional or invalid, the
remainder of this Ordinance shall continue in full force and
effect, it being the legislative intent that the Ordinance
would have been adopted even· if such unconstitutional or
invalid matter had not been included therein. It is further
declared that if any provision or part of this Ordinance, or
the application thereof to any person or circumstances, is
held invalid, the remainder of this Ordinance and the
application thereof to other persons shall not be affected
thereby.
In the opinion of the Board of Trustees of the Town of
Firestone, Weld County, Colorado, this Ordinance is necessary
for the immediate protection and· preservation of public
health, safety, convenience, and general welfare, and it is
· enacted for that purpose and shall be in full force and
effect after passage and final publication.
Approved, adopted and
Trustees of the Town of 7(/fif
ATTEST:
Town Clerk
ordered published by the Board of
Firestone on this J,,tl ~ day of
· 1988.
MAYOR:
ORDINANCE NO.
AN ORDINANCE REPEALING OBSOLETE, · SUPERSEDED OR
ORDINANCES AND PORTIONS. THEREOF FOR THE ~ W Lv" /1~ ll UNCONSTITUTIONAL
OF FIRESTONE. . . . . . ~ ~B'
BE IT ORDAINED BY THE · BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COUNTY OF WELD, STATE OF COLORADO:
Section 1. The fo1lowing
ordinances of the Code of the
and are hereby repealed:
ordinances and sections of
Town of Firestone, Colorado be
a. Chapter 1, Section l;
b. Chapter 1, Section 2;
c. Chapter 1, Section 11;
d. Chapter. 1, Section 20;
e. Chapter 1, Section 23.1;
f. Chapter 1, Section 24, Rule 7;
g. Chapter 1, Section 31.1;
h. Chapter 3, Sections 60 through 75 inclusive;
i. Chapter 4, Section 14;
j. Chapter 4, Seeton 23;
k. Chapter 8; Section l;
1. Chapter 8, Section 8;
m. Chapter 8, Section 9;
n. Chapter 8, Section 11;
o. Chapter 8, Section 13;
p. Chapter 8, Section 14;.
q. Chapter 8, Section 16;
r. Chapter 8, Section 17;
s. Chapter 8, Section 38;
t. Chapter 8, Section 42;
u. Chapter 8, Section 43;
v. Chapter 8, Section 44;
w. Chapter 8, Section 61;
x. Chapter 8, Section 62;
y. Chapter 8, Section 63;
z. Chapter 8, Section 70;
aa. Chapter 8, Section 71;
bb. Chapter 8, Section 72;
cc. Chapter 8, Section 73;
dd. Chapter 8, Section 74;
ee. Chapter 8, Section 75;
ff. Chapter 8, Section 76;
gg. Chapter 8, Section 77;
hh. Chapter 11, Section 19;
ii. Chapter 11, Section 22;
jj. Chapter 11, Section 27;
kk. Chapter 13, Sections 20 through 25.6 inclusive;
11. Chapter 14, Section 2(E);
mm. Chapter 14, Section 2(I);
nn. Chapter 14, Section 2(J);
oo. Chapter 14, Section 5
pp. Ordinance 227. The language said Ordinance added
to Chapter 8, Section 21 is deleted.
Section 2. Repeal shall not revive any ordinances.· The
repeal of an ordinance herein shall not repeal the repealing
clause of such ordinance or revive any ordinance which has
been repealed thereby.
Section 3. Effect of repeal on past actions and obligations.
The repeal hereby of any ordinance or part or portion of any
ordinance of the Town shall not in any manner affect the
prosecution and punishment for violations of ordinances,
which violations were committed prior to the effective date
hereof, nor affect any right which has accrued nor any suit,
action, or proceeding commenced under or by virtue of the
ordinances or portions repealed, nor be construed as a waiver
of any license, fee, or penalty at said effective date due
and unpaid under such ordinances, nor be construed as
affecting any of the provisions of such ordinances relating
to the collection of any such license, fee, or penalty, or
the penal provisions applicable to any violation thereof, nor
to affect the validity of any bond or cash deposit in lieu
thereof required to be posted, filed or deposited pursuant to
any ordinance and all rights and obligations thereunder
appertaining shall continue. in full force and effect.
Any such ordinance or section of an ordinance so repealed,
amended, revised,or consolidated shall remain in full force
and effect for the purpose of sustaining all actions, suits,
proceedings, and prosecutions brought thereunder that· arose
before the effective date of the repeal, amendment, revision,
or consolidation. An administrative order that is stayed by
administrative or judicial appeal shall be deemed to be an
"action" brought under the code within the meaning of this
subsection.
Section 4. The sections of this Ordinance are hereby
declared to be severable, and if any section, provision, or
part thereof shall be held unconstitutional or invalid, the
remainder of this Ordinance shall continue in full force and
effect, it being the legislative intent that this Ordinance
would have been adopted even if such unconstitutional or
invalid matter had not been included therein. It is further
declared that if any provision or part of this section, or
the application thereof of any person, or circumstances, is
held invalid, the remainder of this Ordinance and the
application thereof to other persons shall not be effected
thereby.
Section 5. In the opinion of the Board of Trustees of the
Town of Firestone, Weld County, Colorado, this Ordinance is
necessary for the immediate protection and preservation of
the public health, safety, convenience, and general welfare,
and it is enacted for that purpose and shall be in full force
and effect after passage and final publication.
Approved, adopted and ordered published by the Board of
Trustees of~e Town o~F'~tone, County of Weld, Colorado,
on the d.,,1 day of -~ L_,_, , 1988.
✓
(?q_u_£CLdJ1zti;;d
Mayor
ATTEST:
ORDINANCE NO.
AN ORDINANCE REPEALING AND AMENDING OBSOLETE, SUPERSEDED OR
UNCONSTITUTIONAL ORDINANCES AND PORTIONS THEREOF FOR THE CITY
OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COUNTY OF WELD, STATE OF COLORADO:.
Section 1. Chapter 1, Section 4 of the Code of the Town of
Firestone is amended by the deletion. of its first sentence
and its replacement by the following sentence:
There shall be appointed by the Board of Trustees
no later than thirty days after the organization
thereof in each election year, a Town Attorney, a
Town Treasurer, a Town Recorder, a Town Marshal, a
Municipal Judge, a Civil Engineer, and such other
officers as from time · to time shall be necessary
for the proper government.and control of said Town,
and the appointees shall hold their respective
offices for two (2) years and until their
successors are appointed and qualified, unless
sooner removed according to law as hereinafter
provided.
Section 2. Chapter 1, Section 7 of the Code of the Town of
Firestone is repealed and re-enacted as follows:
1-7. Removal of officers-causes-notice. By a
majority vote of all members of the Board of
Trustees, the Mayor, the Clerk, the Treasurer, the
Marshal, any member of the Board, or any other
officer of the Town may be removed from office. No
such removal shall be made without a charge in
writing and an opportunity of hearing being given
unless the officer against whom the charge is made
has moved out of the limits of the town. When any
officer ceases to reside within the limits of the
town, he may be. removed from office pursuant to
this section. A municipal judge may be • removed
during his term of office only for cause,· as set
forth in C.R.S. 13-10-105(2), as amended.
Section 3 . Chapter 1, Section 9 of the Code of the Town of
Firestone. is repealed and re-enacted as follows:
1
1-9. Compensation. Each officer hereinbefore
mentioned shall receive such compensation for his
services as the Board of Trustees may determine
from time to time.
Section 4. Chapter 1, Section 12 of the Code of the Town of
Firestone be and is. amended as follows:
The words "Special Policemen" in. the title are
deleted and replaced with the words "Deputy
Marshals" and the words "special policemen" in the
first sentence are deleted and replaced with the
words "deputy marshals".
Section 5. Chapter 1, Section 13 of the Code of the Town of
Firestone is amended as follows:
In the first sentence, added immediately after the
word "penalties" are a comma and the words "and
imposition of jail" followed by a comma.
Section 6. Chapter 1, Section 15 of the Code of the .Town of
Firestone be and is amended by the deletion of the words in
the first sentence "warrants therefor shall be signed by the
Mayor, and countersigned by the Town Clerk a:nd Recorder" and
their replacement by the words "checks or drafts drawn upon
accounts of the. Town shall be signed by two of the following
three persons -the Mayor, the Mayor Pro Tem, the Town
Clerk/Treasurer".
Section 7. Chapter 1, Section 16 of the Code of the Town of
Firestone is amended as follows:
In the first sentence, the words "between the first
and tenth of April" are deleted and replaced with
the words "no later than March 1 11 •
In the first sentence, the words "published in the
official paper of the Town, if any published;
otherwise, to be posted in some public place in the
Town of Firestone" are deleted and replaced with
the words "printed or posted according to
applicable statute of the State of Colorado".
Section 8. Chapter 1, Section 17-1 of the Code of the Town
of Firestone be and is repealed and re-enacted as follows:
1-17.1. Town Clerk and Recorder Duties. The Town
Recorder shall be the Clerk of the Town and shall:
a. Cause the ordinances of the Town to be
2
published as required by law, superintend
their printing, and examine the proof sheets
and compare them with the original rolls;
b. Receive and file all papers to be filed among
the city records;
c. Keep a correct and detailed account of all
funds relating to, bonds issued and promissory
notes given by the Town, specifying under what
order or ordinance they were issued or given,
when they were issued or given, the
outstanding principal amount, to whom they
were issued. or given, for what purpose they
were issued or given, when they are payable,
where they are paid, and the amount and
percentage of interest paid upon such bonds
and promissory notes;
d. Make out and deliver to each
appointed to any office
certificate of such election
person elected or
in the Town a
or appointment;
e. Furnish to the Town attorney any record or
documents in the Clerk's office that the
attorney may request to be used in any court
and take receipts therefor. The Clerk shall
also furnish any necessary, duty certified
transcripts of the Town;
f. Collect all moneys due to the Town;
g. Attend all meetings of the Board of Trustees,
and make a fair and accurate record of all the
proceedings, rules, and ordinances, made and
passed by the Board of Trustees;
h. As soon as possible after their passage,
record all ordinances in a book to be kept for
that purpose and denominated the "Ordinance
Book", in which said ordinances upon being so
recorded shall be authenticated by the
signature of the Mayor and Clerk under the
Seal of the Town; -
i. Keep the Town
instruments and
are required to
Seal;
Seal and affix it to all
papers which, by ordinance,
be attested to by the Town
j. Have the custody of and safely keep all the
records, documents, ordinances, resolutions,
3
k.
and orders of the Board of Trustees; and such
other papers, documents, books and other
property as may be delivered into his custody;
Sign all
accordance
ordinances
permits and licenses
with the provisions
concerning the same;
issued
of
in
the
1. Report at the regular meeting of the Board of
Trustees the transactions of his office; and
m. Perform such other duties as may be required
of him by law or ordinance.
section 9. Chapter 1, Section 19 of the Code of the Town of
Firestone is amended as follows:
In the first-sentence, immediately after the word
"constables", the following words are added,
"sheriffs,_ police officers, or other law
enforcement officials".
In the third and sixth sentences, the words "Police
Magistratell are deleted and replaced by the words
"Municipal Judge".
In the fifth sentence, the following words are
deleted "and, in case of the collection of fines,
the name of each person from whom he has collected
a fine, and amount and on what charge".
Section 10. Chapter 1, Section 24, Rule 2, and Ordinance 150
and Ordinance 190 of the Code of the Town of Firestone be and
are repealed and re-enacted as one rule in one section as
follows:
1-24. Rule 2. The Board of Trustees of the Town
of Firestone shall meet in regular session on the
second Thursday of each month at 7:30 o'clock p.m.
at the Town Hall of the Town of Firestone. If the
day set for the regular meeting falls on a holiday
recognized as legal by the State of Colorado or on
Christmas Eve or New Year's Eve, the regular
meeting for that month shall be held at 7:30
o'clock p.m. on the next regular business day; in
case any hearing or proceeding has been set for any
such regular meeting, the same shall not abate but
shall also stand continued to the meeting on the
next regular business day, at the same time and
place. Adjourned meetings may be held from time to
time as ordered by the Board of Trustees.
4
The Mayor and any two (2) members of the Board of
Trustees may cali special meetings by notice to
each of the members personally served or left at
his usual place of residence.
All meetings shall be open to the public.
Section 11. Chapter 1, Section 24, Rule 4 of the Code of the
Town of Firestone be and is amended as follows:
In the second sentence, the words "Mayor Pro
Tempore" are deleted and replaced with the words
"Mayor Pro Tem".
Section 12. Chapter 1, Section 24, Rule 5, and Ordinance 223
of the Code of the Town of Firestone be and are repealed and
re-enacted as one rule as follows:
1-24. Rule 5. At all the meetings of the Board of
Trustees, four ( 4) of said Trustees shall
constitute a quorum for the transaction of
business, but a minority may adjourn from day to
day. A fine of twenty-five dollars ($25.00) per
absence may be imposed by the Board of Trustees on
any Trustee absent from any meeting of the Board,
regardless of whether or not a quorum was present
at such meeting, unless the Board accepts from such
Trustee a good and sufficient excuse for each such
absence. A fine of twenty-five dollars ($25.00)
may be imposed by the Board of Trustees on any
member of the Board who acts in a disorderly
fashion at any meeting of the Board.
Section 13. Chapter 1, Section 24, Rule 6 of the Code of the
Town of Firestone be and is repealed and re-enacted as
follows:
1-24. · Rule 6. At the hour appointed for the
meeting the members shall be called to order by the
presiding officer. The Clerk and the Recorder
shall then call the role and note the absentees,
after which the presiding officer shall announce
whether a quorum is present,, and if there is a
quorum, the Board shall proceed to business in the
following manner, to wit:
First:
Second:
Third:
Fourth:
Fifth:
Sixth:
reading of the minutes;
presentation of financial report;
presentation of treasurer's report;
presentation of bills;
reports of commissioners and officers;
any unscheduled citizens;
5
Seventh:
Eighth:
old business;
new business.
This order of business may be changed or suspended-
during any meeting by a majority vote of the
members present.
section 14. Chapter 1, Section 24 of the Code of the Town of
Firestone is amended as follows:
a. Chapter 1, Section 24, Rule 8 shall now be
numbered Rule 7.
b. Chapter 1, Section 24, Rule 9 shall now be
numberedRule a.
c. Chapter 1, Section .24, Rule 10 shall now be
numbered Rule 9.
d. Chapter 1, Section 24, Rule 11 shall now be
numbered Rule 10.
e •. Chapter 1, Section 24, Rule 12 shall now be
numbered Rule 11.
f. · Chapter 1, Section 24, Rule 13 shall now be
numbered Rule 12.
g. Chapter 1, Section 24; Rule 14 shall now be
numbered Rule 13.
h. Chapter 1, Section 24, Rule 16 shall now be
numbered Rule 15 •
. i. Chapter 1, Section 24, Rule 17 shall. now be
numbered Rule 16.
j. Chapter 1, Section 24, Rule 18 shall now be
numbered.Rule 17.
k. Chapter 1, Section 24, Rule 20 shall now be
numbered Rule 19.
1. Chapter 1, Section 24, Rule 22 shall now be
numbered Rule 21.
Section 15. Chapter 1, Section 24, Rule 15 of the Code of
the Town of Firestone is amended to be numbered Rule 14 and
to read as follows in its entirety:
1-24. Rule 14. All reports may be oral and shall
be addressed to the Board of Trustees of the Town
6
of Firestone.·
Section 16. Chapter 1, Section 24, Rule 19 of the Code of
the Town of Firestone is amended to be numbered Rule 18 and
to read as follows in its entirety:
1-24. Rule 18. The following commissioners shall
be appointed, annually, by the Mayor unless
otherwise ordered by a majority vote of the Board
and, in that case, they shall be appointed by
ballot:
Commissioner of Public Health
Commissioner of Streets
Commissioner of Water
Commissioner of Maintenance
Commissioner of Parks and Recreation
Commissioner of Administration-and Finances
Section 17. Chapter 1, Section 24, Rule 21 of the Code of
the Town of Firestone is amended to be numbered Rule 20 and
to read as follows in its entirety:
1-24. Rule 20. The Board shall keep records of
its proceedings which shall be open for inspection
to the public at all reasonable hours.
Section 18. Chapter 1, Section 28 of the Code of the Town ~f
Firestone be and is amended by the deletion of the word "on"
in the first sentence and its replacement by the words
"thirty (30) days after". In addition, · the following
sentence shall be added at the end of the first paragraph:
"The Municipal Judge shall meet the requirements of 13-10-106
C.R.S. as amended".
Section 19. Chapter 1, Section 30 of the Code of the Town of
Firestone is amended as follows:
7
The words "ninety (90) days" are deleted and
replaced with the words "one year".
Section 20. Chapter 1, Section 32 of the Code of Firestone
is amended as follows:
The word "Police" in the first sentence is deleted
and replaced with the word "Marshal's" . The word
"Police" in the second sentence is deleted and
replaced with the word "Marshal's" . The words in
the second sentence "by a majority vote of the
Board on charges of incompetence, unfitness,
neglect of duty or insubordination" are deleted and
replaced by the words "pursuant to the personnel
policies of the Town of Firestone". The words "who
shall be the Commissioner of Law Enforcement"
followed by a comma are added immediately after the
word "Mayor".
Section 21. Chapter, 1, Section 33 of the Code of the Town
of Firestone be and is amended by the deletion of the word
"Police" each· time it appears and its replacement in each
instance by the word "Marshals".
Section 22. Chapter 1, Section 34 of the Code of the Town of
Firestone be and is repealed and re-enacted as follows:
1-34. Duties of Marshal and Deputies
a. General Duties
b.
( 1) . The Marshal and Deputies shall
perform under the direction of the
Commissioner of Police. They shall
possess all powers conveyed to peace
officers under state statutes and to
police or peace officers under
municipal ordinances.
(2) The Marshal and Deputies shall
investigate, make arrests, issue
summonses, sign complaints, and
assist in prosecution for violations
of state or federal statutes nd
municipal ordinances. They shall
suppress all· riots and breaches of
the peace and apprehend persons
fleeing from justice.
Duties of the Marshal
8
c.
(1)
(2)
(3)
The Marshal shall have general
charge and supervision of the
deputies and be responsible for the
administration of the-Town Marshal's
Department.
The Marshal may establish rules and
regulations, subject to the approval
of the Board of Trustees, for the
administration of the Marshal's
Department.
The Marshal shall receive and retain
on file all traffic accident reports
made to the Marshal under state law
or this. code for use by the Town
Clerk, appropriate Courts and law
enforcement personnel, or the
Department of Motor Vehicles of the
Colorado state · Department of
Revenue.
Custody of Lost. Abandoned. and
Recovered Stolen Property
(1) The Marshal has custody of all lost,
abandoned, and recovered stolen
personal property coming into
possession of the Town. The Marshal
shall keep a record of all property
taken into custody, and shall,
pending disposal of the property,
cause the property to be stored on
property owned or leased by the Town
or with a private person engaged in
the business of storing personal
property.
(2) If the finder of lost, abandoned, or
stolen property is an officer or
employee of the Town and takes
possession of such property, the
Town shall be deemed the finder and
the property shall be placed in the
custody of the Marshal.
(3) Whenever a private person brings
property to any Town employee that
the person has found, the. property
shall be placed in the custody of
the Marshal. Upon the finder's
making a report concerning the
9
location and. circumstances of the
finding., the Town Clerk shall issue
a receipt for the property, which
shall declare the finder's
contingent right to reclaim the
possession thereof.
( 4) Upon coming into possession of
personal property that has no known
owner, the Marshal shall make
reasonable efforts to ascertain the
ownership of the property.
(5) If the Marshal ascertains the owner
of lost, abandoned, or . stolen
personal .property, except a motor
vehicle, the Marshal shall give
notice in writing to the owner that
the property is in\the possession of
the Marshal's Department, that it
may now be reclaimed, and that it
will be sold or otherwise disposed
of by the Town unless the owner
reclaims. the property in the manner
prescribed by law within sixty days
after the date the notice is
deposited in the mail, postage
prepaid., to the owner at the owner's
last known address.
(6) If the owner of the lost, abandoned,
or stolen property cannot be
ascertained by the· Marshal, the
Marshal shall periodically, and not
less than once each year, cause
notice containing the following
information to be pub;U-F.Qed on threefb,I,!
different ·days, the;i'pub'l:ication to
be no less than ten days prior to
the third publication, in a
newspaper of general' circulation in
the city:
(a) A description of the lost,
abandoned, or stolen personal
property then in the possession
of the Marshal; and
(b) A statement that the property
will be disposed of by the Town
unless the owner thereof
reclaims the property in the
10
d.
manner provided for by law
within ten days after the last
publication of the notice.
(7) The Marshal may immediately dispose
of any property that reasonably
appears to pose a sanitary or health
hazard if stored, and shall keep a
log describing all property disposed
of for these reasons.
Disposition of Property Other Than
Motor Vehicles
(1) If, at any time prior to the Town's
disposition of any found personal
property, except a motor vehicle in
the manner provided by this section,
a person claims to be the property
owner, the Marshal shall return the
property to such claimant if the
claimant submits written evidence of
ownership that is sufficient to
satisfy the Marshal the claim is
rightful and · if .. the claimant pays
the Town for all reasonable costs
incurred by the Town in obtaining
possession of the property, storing
the property, and publishing or
mailing notice relating to the
property.
(2) If an apparent owner has not made
claim to the property by the
expiration of the time period set
forth in the mailed or published
notice, the finder of record shall
be notified by mail that the finder
of. record shall be notified by mail
that the finder has ten days to
claim the property. If within said
ten-day period, the finder makes a
demand for the property and tenders
payment to the Town for all
reasonable costs incurred by the
Town in connection with the
possession, and storage, and
publication and mailing of notices
regarding the property, the property
shall be returned to the finder.
(3) If · the found personal property
11
remains unclaimed after the time
following the notice as required by
Subsections C. (5) and (6) of this
code, and after giving the finder
notice and opportunity to reclaim
the property under this section, the
Town Clerk. shall cause the property
to be disposed of by sale, unless,
upon the recommendation of the
Clerk, the Board of Trustees, by
ordinance, motion, or resolution,
provides for a different manner of
disposition.
(4) If property is to be disposed of by
sale, the Town Clerk shall:
(a) Cause a notice of such sale to
be published on three different
days in a newspaper of general
circulation in the city setting
forth the date, time, and place
of the sale at least ten days
after the last publication of
notice of sale; a description
of the property to be sold; and
a statement that the . property
will be sold at public auction
to the highest bidder for cash;
(b) At the date and place
designated for the sale of said
lost, abandoned, or recovered
stolen personal property
described in the notice of
sale, cause said property to be
sold at public auction to the
highest bidder for cash. No
money or negotiable instruments
shall be sold at such a sale;
they shall become the property
of the Town if unclaimed by the
owner thereof. If a bid is not
made for an article of personal
property offered at such sale,
said article of personal
property shall become the
property of the Town;
(c) · Upon consummation of the sale
of said lost, abandoned, or
recovered stolen property,
12
e.
article of personal property
sold and the amount paid
therefor. Upon exhibiting said
receipt to the Marshal, the
purchaser shall be entitled to
possession of the article so
purchased: and
(d) Apply proceeds of the sale of
said lost, abandoned, or
recovered stolen property first
to costs of storage, towing,
publication, and other costs of
the keeping and .sale of said
property, and place the balance
of said proceeds in the general
fund of th~ Town.
(5) There is no right of redemption from
a sale and conveyance of said lost,·
abandoned, or recovered stolen
property.
Disposition of Motor Vehicles
The Town Clerk may dispose of impounded motor
vehicles in any of the following ways: ·
(1) By following the procedures provided by state
law for disposal of abandoned vehicles: or
· (2) If the Town Clerk determines that some
other method of· disposal. is more
efficient, the manager may adopt such a
method. Such method shall provide:
(a) Reasonable notice to the owner and
any lienholders of record by mail or
publication at least thirty days
before disposition· of the vehicle.
But if the vehicle has been
appraised to determine its
reasonable market value.by the chief
of police, by any employee of the
police department designated by the
Marshal, or by a licensed Colorado
· motor vehicle dealer as • having . a
value of less than. two hundred
dollars, then the vehicle may be·
disposed of no .less than fifteen
days after the date of the notice.
Notice is deemed given on the date
13
it is delivered, mailed, or
published, whichever is earliest.
The notice shall indicate whether
the holding period is fifteen or
thirty days. Before giving notice,
the manager shall make inquiry
through the licensing authority of
the state of registration of the
vehicle, if that can be ascertained
from the license plate or vehicle
identification number, if any, as to
the name and mailing address of the
owner and lienholders of record.
Notice shall be delivered or sent by
certified mail to such persons. If
the Town Clerk's inquiries produce
no information, the Town Clerk shall
publish the notice at least once in
a newspaper of general circulation ..
in the city. The notice shall state
the grounds upon which impoundment
was authorized, the location of the
vehicle, and the person to whom the
owner or lienholder may apply to
reclaim the vehicle prior to its
disposal.
(b) For disposition of the vehicle:
(i) If the vehicle has been
(c)
• appraised, and the towing
and storage charges. at the
end of . the . applicable
holding period exceed the
appraised value, then the
Town may sell the vehi.cle
to the towing and
impoundment lot operators,
if such were involved, for
the amount of the accrued
charges;
(ii) At a private sale; or
(iii) At a public sale.
For delivery of a bill of sale
to the purchaser. · The Town
Clerk shall send a copy of such
bill of sale, together with a
written report of the sale, to
the Colorado Department· of .
Revenue. If the appraised
value of the vehicle was less
14
than two hundred dollars, or
if, in the case of a vehicle
sold without appraisal, the
sale was for less than two
hundred dollars, the bill of
sale shall state that the
vehicle is sold only for the
purpose of junking or
. dismantling the vehicle, and
that the purchaser acquires no
right to a certificate of title
for such .vehicle. Such
purchaser shall also be given a
copy of the report· which. is
sent to the Colorado Department
of Revenue.
(d) For disposition of the.proceeds
from a sal_e · pursuant to
subparagraphs b(ii) or of this
subsection in the following
manner:
(i) The costs of towing and
storage in an impound lot
shall be paid to the
towing··· and impound lot .
operators in accordance
with· the contract such
operators may have with.
the Town . · for such
services. Such contract
may provide, without
limitation, that the
towing 'and impound lot
operator will receive only
a percentage of the
proceeds, but not to
exceed such costs. If
such services were not
performed pursuant to a
contract with the Town,
payment shall be
calculated in the manner
provided by state law.
(ii) From the balance, if any,
there· shall be deposited
into . the general fund of
the Town reasonable
expenses to the Town on
account of the abandonment
of the vehicle, including
without limitation, the
15
f.
costs of the search. for
owners and 1 ienholders,
notice, appraisal,
advertising, sale, and any
other fees or penal ties,
including without
limitation, those on
account of parking
infractions pursuant to
this Code, due with
respect to the vehicle.
(iii) The remaining balance, if
any, shall then be paid
first to any lienholder of
record and, second, to any
owner of record as their
interests may appear on
such . records; or to any
person submitting proof of
an enforceable interest in
such vehicle •as of the
date of sale. If no such
person is known to the
Town Clerk, such balance
shall be deposited into
the general fund of the
Town.
(iv) There is • no right of
redemption from any sale
made pursuant to this
section. After a vehicle
has been sold pursuant to
such terms, neither the
Town nor any officer,
agent, or employee thereof
is liable for ariy failure
to deliver such vehicles
to any person other than
the purchaser at such
sale.
Holding Property as Evidence
In the event that the Town attorney, district
attorney, or other person charged with. the duty of
prosecuting violations of the Town, state, or
federal laws, requests that any of the lost,
abandoned, or recovered stolen property be held by
the Marshal because it is required in a criminal
prosecution, the Marshal shall retain custody and
16
shall not sell the same until written notice is
received that the property is no longer needed for
prosecution purposes.
Section 23. Chapter 1, Section 35 of the Code of the Town of
Firestone is amended as follows:
The words "and Bond" in the title are deleted and
the words "and shall execute a surety bond to the
Town in the amount of One Thousand Dollars
($1,000.00) to be approved and paid for by the Town
conditioned upon the faithful performance of the
duties of his office" are deleted.
Section 24. Chapter 1, Section 36 of the Code of the Town of
Firestone is amended as follows:
The words "by the Board of Trustees" are deleted
and replaced by the words "by the manual of the
Marshal's Office as amended from time to timell.
Section 25. Chapter 1, Section 50 of the Code of the Town of
Firestone be and is repeaied and re-enacted as follows:
1-50. Definitions and Rules of Construction. In
the construction of the Code of the Town of
Firestone and of all ordinances of the Town, the
following definitions and rules of construction
shall. be observed, unless it· shall be otherwise
expressly provided in any section or ordinance, or
unless inconsistent with the manifest intent of the
section or ordinance:
(a) "Town" or "municipality" means the Town of
Firestone, Colorado.
(b) "Mayor" means the elected mayor of the Town;
and includes a mayor pro-tem or other person
duly authorized to act as mayor in the absence
or disability of the mayor or during the
period of any vacancy in the office.
(c) "Board" or "Town Board" or "Board of Trustees"
means the governing. body of the Town.
(d) "Health Commissioner" means the duly appointed
health officer of the Town of Firestone.
(e) "Street Commissioner" means the duly appointed
street officer of the Town of Firestone.
(f) "Water Commissioner" means the duly appointed
17
water officer of the Town of Firestone.
(g) "Maintenance Commissioner" means the duly
appointed maintenance officer of the Town · of
Firestone.
(h) "Park and Recreation Commissioner" means the
duly appointed park and recreation officer of
the Town of Firestone.
(i) "Town Clerk" means the duly appointed clerk of
the Town of Firestone.
(j) "Town Engineer" means the duly appointed
engineer of the Town of Firestone.
(k) "Code" means and includes any building,
construction, safety, health or other
regulatory code adopted by the Town, whether
adopted by reference and by ordinance or
otherwise, as published and subsequently
amended, unless the context requires
otherwise.
(1) "Town Code" or "Code of the Town of Firestone"
means the Code of the Town of Firestone, as
published and subsequently amended,unless the
context requires otherwise.
(m) "Person" shall mean and include an individual,
firm, partnership,corporation, association, or
other organization acting as a group or unit.
(n) "County" means the County of Weld in the State
of Colorado.
(o) "Day" is any period of time between any
midnight and the midnight following. When a
period of time is defined as a number of days,
the date on which the period commences shall
be excluded and the last date of such period
included in the computation.
(p) "Daytime" means the period of time between
sunrise and sunset.
(q) "Nighttime" means the period of time between
sunset and sunrise.
(r) "In the Town"
territory over
shall hereafter
shall mean and include all
which the Town now has, or
acquire, jurisdiction for the
18
exercise of its police powers and other
regulatory powers and other regulatory powers.
(s) "Month" means a calendar month.
(t) "Oath" means and includes any oath or
affirmation required by law or ordinance.
(u) "Ordinance" means the· ordinances of the Town
and includes the ordinances codified or the
Town Code.
(v) "Owner",· when applied to a .building or land,
shall include any and all owners in fee, joint
owner, tenant in common, joint tenant, or
tenant by the entirety of the whol.e or a part
of such building or land,.and, when applied to
any personal property, animal or vehicle,
shall mean any person who has the legal title
or. right .. to or has possession of a thing.
(w) "Preceding" means next before; "following"
means next after.
(x) The term "property", unless qualified, shall
include real property and personal property,
whether tangible or intangible. "Real
property" shall include lands, tenements and
hereditaments.
(y) "Public way" shall mean and include any
street, highway, alley, boulevard, parkway,
sidewalk or other public thoroughfare.
(z) "Street" shall mean and include any public
way, highway, street, avenue, boulevard,
parkway, alley or other public thoroughfare,
and each of such words shall include all of
them.
(aa) "Sidewalk" means and includes the portion of
the street between the curb line and the
adjacent property line, intended for the use
of pedestrians.
(bb) "Tenant" or "occupant", applied to a building,
premises or land, or any part thereof, shall
.include any person who occupies the whole or a
part of such building, premises or land,
whether alone or with others.
(cc) "Year" means a calendar year.
19
(dd) "State" means the State of Colorado.
(ee) "Shall" is mandatory and "may" is permissive.
(ff) All words and phrases shall be construed and
understood according to the common and
approved usage of the language; but technical
words and phrases and such others as may have
acquired a peculiar and appropriate meaning in
the law shall be construed and understood
according to such peculiar and appropriate
meaning.
(gg) When an ordinance requires an act to be done
which may · as well be done by an agent as by
the principal, such requirement shall be
construed to include all such acts when done
by an authorized agent.
(hh) If the time limited for the doing of an act
shall expire on a Sunday or legal holiday, the
act shall be done upon the day next following
such Sunday or legal holiday. If. the time
limited for filing or issuing any application,
permit, license, paper or document with or by
the Town shall expire on a Saturday, Sunday,
or legal holiday, the same may be done on the
business day next following.
( ii) Every word in every ordinance importing the
masculine gender shall extend to and be
applied to females as well as males, and
associations and bodies corporate as well as
individuals shall be included.
(jj) In all cases where any ordinance shall require
any act to be done in a reasonable time or
reasonable notice to be.given, such reasonable
time or notice shall be deemed to mean such
time only as may be necessary for the prompt
performance of such duty, or compliance with
such notice.
(kk) The title or number of any chapter, article,
section or subsection of the Code of the Town
of Firestone, or of the ordinances of the
Town, shall not be deemed to restrict, qualify
or limit the effect of the provisions set
forth and contained in any such chapter,
article, section or subsection.
20
•
(11) Additions or amendments to the ordinances of
the Town shall be made by ordinance.
Section 26. Chapter 1, Section 51 and Section 52 of the Code
of the Town of Firestone be and are repealed and re-enacted
as one section as follows:
1-51. General Penalty. No person shall violate
any of the provisions of the ordinances of the Town
of Firestone. Except in cases where a different
punishment is prescribed by any ordinance of the
Town of Firestone, any person who shall violate any
of the provisions of the ordinances of the Town of
Firestone shall be punished by a fine of not more
than three hundred dollars ($300.00), or by
imprisonment not to exceed ninety (90) days, or
both such fine and imprisonment.
Any person who is alleged to have violated any
provision of the ordinances of the Town of
Firestone shall be issued a summons and complaint
charging the nature of the violation and shall be
ordered to appear before the Municipal Judge of the
Town of Firestone.
Each such person shall be guilty of a separate
offense for each and every day during any portion
of which any violation of any provision of the
ordinances of Firestone, Colorado, is committed,
continued or permitted by any such person, and he
shall be punished accordingly.
Section 27. Chapter 3, Section 2 .1 (K) of the Code of the
Town of Firestone be and is amended by the addition of the
following sections:
3-2.l(Kl2. Pole Building Prohibited. In addition
to the other requirements and prohibitions of the
Uniform Building Code as adopted herein, it shall
be unlawful for any person or legal entity to
construct, repair or remodel any structure
whatsoever that is constructed of or with roof
supporting columns or posts of round timber poles
or piles as defined by the Uniform Building Code as
adopted herein.
3-2 .1 /Kl 3. Foundation and Flooring · Required. In
addition to the other requirements and prohibitions
of the Uniform Building Code as adopted herein, it
shall be unlawful for any person or entity to
construct, repair or remodel any Group M structure,
as defined by the Uniform Building Code as adopted
21
herein, in excess of 150 square feet in an area
without a supporting concrete foundation and floor
of a minimum of 3 inches in depth.
3-2 .1 (Kl 4. In addition to the other requirements
and. prohibitions of the Uniform Building Code as
adopted herein, no residential or commercial
building shall be constructed within two hundred
feet (200') of an existing oil or gas well.
Section 28. Chapter 3, Section 7 of the. Code of the Town of
Firestone be and is amended as follows:
The word "yard" is deleted and the words "other
than traffic control signs erected by the Town,
County or State" are added immediately after the
word "sign".
Section 29. Chapter 3, Section 10 of the Code of the Town of
Firestone be and is amended by the deletion of the numbers
"1979" in the first and last sentence and their replacement
by the numbers "1988 11 •
Section 30. Chapter 3, Section· 80 of the Code of Town of
Firestone be and is repealed and re-enacted as follows:
3-80. Insurance and Indemnification Required.
Each applicant for a license under this chapter
must furnish, with his application for such
license, proof of insurance, current for· all times
for which the license is sought, providing for the
following minimum coverage: Worker's Compensation
insurance, public liability insurance coverage not
less than two hundred fifty thousand dollars
($250,000.00) for injury or death to one person,
not less than five hundred thousand. dollars
($500,000.00) for injury or death to more than one
person in a single accident or event, and public
property damage insurance not less than one hundred
twenty-five thousand dollars ($125,000.00) for
damages to or destruction of property for any one
accident. The applicant must keep current said
insurance at· all times for which the license is
issued and must file with the Town Clerk a
certificate signed by a qualified agent of an
insurance company evidencing the existence of valid
and effective policies and Worker's Compensation
and public liability and property damage insurance
as required above naming the Town as an additional
insured, the limits of each policy, the policy
number, the name of the insurer, the effective date
and the expiration date of each policy, and a copy
22
of an endorsement placed on each policy requiring
ten days' notice by mail to the Town Clerk before
the insurer may cancel the. policy for any reason.
Nothing in this section shall be construed to be a
waiver of the Town of Firestone, its officers,
employees or agents of sovereign immunity.
Further, each applicant must agree to indemnify and
save harmless the Town of Firestone against and
from any and all damages and claims for damages,
loss, costs, charges or expense that·may be brought
against the. Town by any person or entity for or on
account of injury to persons or property resulting
from or occasioned by reason of the· act, omission
to act or negligence of any person or entity
performing work pursuant to said license.
Section 31. Chapter 3 of the Code of the Town of Firestone
be and is amended by the addition of a new section which
reads as follows in its entirety:
3-80.1. Authority to Deny Issuance of License.
The Town Clerk may deny an application for a
license under this Chapter upon a determination
that:
(1) The applicant has failed to supply any of the
information required on the. application;
(2) The applicant. has failed to obtain required
insurance;
(3) The applicant has failed to pay the required
license fee;
(4) The applicant is not qualified by experience,
training, or education to engage in the
activity authorized by the license; or
(5) The applicant has been finally convicted of an
offense and would create danger to the public
health, safety, or welfare if the applicant
were to engage in such. offensive conduct after
the license was issued.
If the. Town Clerk denies a license application
under this Section, the Town Clerk shall notify the
applicant in writing stating the specific grounds
for the denial. The applicant may thereafter
appeal the denial of the application by the Town
Clerk to the Board of Trustees.
Section 32. Chapter 3, Section 81 of the Code of the Town •Of
23
Firestone be and is repealed and re-enacted as follows:
3-81. Suspension .or Revocation Of License •
. a. In addition to any other provisions · of this
code or other ordinances of the Town, the Town
Clerk may suspend or revoke a license or
permit issued under this title if:
(1) The licensee fails to meet the
qualifications required of an applicant;
(2) The· licensee violates any provision of
this code or other ordinance of Town
governing the activities permitted by the
license;
(3) The licensee obtained the license by
fraud or misrepresentation; or
( 4) The licensee is finally convicted of an
offense and would create a danger to the
public health, safety, or welfare of the
citizens of the Town if the licensee were
to engage in such conduct after the.
license was issued.
(5) The licensee's acts, performance under
the license is unworkmanlike, careless or
reckless.
b. If. the Town Clerk finds one of the ground in
subsection (a) of this section or any other
ground for suspension or revocation in . this
code, the Town Clerk shall determine wh·ether
to revoke the license for the remainder of its
termor suspend it for any. shorter period
according to the severity of the
disqualification, its effect on public health,
safety, and welfare, and the time during which
the disqualification can be remedied, if at
all. .
c. Before the hearing required by subsection (d)
of this section, the Town Clerk may suspend a
license for up to fourteen (14) days, if the
Town Clerk determines that the· suspension is
in .the interest of public health, safety, and
weifare. The Town Clerk may include in the
temporary suspension reasonable orders or
conditions with which the licensee shall
comply to protect any work in progress and the
24
public health and safety. Any breach of such
conditions or orders is an independent ground
for suspension or revocation of the license.
d. Except for such emergency suspension
authorized by subsection (c) of this section,
no such suspension or revocation is final
until the licensee has been given the
opportunity for a hearing before the Board of
Trustees to contest the suspension or
revocation.
e. If, after a hearing, the suspension or
revocation is upheld, the Town Clerk may
include reasonable orders or conditions with
which the person whose license has been
suspended or revoked shall comply to protect
any work in progress and the public health,
safety, and welfare.
f. No person whose license is revoked under this
title may receive a refund of any part of the
license fee paid for the license.
g. No person who has had a license suspended or
revoked under this title is entitled to obtain
the same or any similar license under this
code during the period of suspension or
revocation, either in the person's own name or
as a principal in another business that
applies for a license.
h. Nothing in this title shall be deemed to
prohibit the Town Clerk or other authority·
from imposing other penal ties authorized by
this code or other ordinance of the Town,
including filing a complaint in the Town court
for a violation of this code or other
ordinance of the Town.
Section 33. Chapter 3, Section 92 of the Code of the Town of
Firestone be and is amended by the deletion of the words "and
an offense" in the first sentence.
Section 34. Chapter 3, Section 94 of the Code of the Town of
Firestone be and is amended by the deletion of the words
"without the applicant having first secured the written
permission of the owner or owners thereof".
Section 35. Chapter 3, Section 95 of the Code of the Town of
Firestone be and is amended by the deletion of the words from
the final sentence "the anniversary date of the permit" and
25
their replacement.by the words "January 1 11 •
Section 36. Chapter 3, Section 96C of the Code of the Town
of Firestone be and is amended by the deletion of the words
"a period of one year from the date of the permit" and their
replacement by the words "the remainder of that calendar
year".
Section 37. Chapter 3, Section 96E of the Code of the Town
of Firestone be and is amended by the addition of the words
"insurance or" immediately before the word "indemnity" in the
first sentence.
Section 38. Chapter 3, Section 98A of the Code of the Town
of Firestone be and is amended by the deletion of the words,
in the first paragraph, "TWENTY FIVE THOUSAND AND N0/100
($25,000.00) DOLIARS", · and their replacement by the words
"ONE HUNDRED TWENTY-FIVE THOUSAND AND N0/100 ($125,000.00)
DOLLARS"; and by the deletion of the words, in the second
paragraph, "TEN THOUSAND AND N0/100 ($10,000.00) DOLLARS" and
their replacement by the words "FIFTY THOUSAND AND N0/100
($50,000.00) DOLLARS".
Section 39.
the Town of
follows:
Chapter 3, Section 98B(l) and (2) of the Code of
Firestone be and are repealed and re-enacted as
"not less than five hundred thousand dollars
($500,000.00) for injury or death to one person,
not. less than one million do.llars ($1,000,000.00)
for injury or death to more than one person in a
single accident or event, and not less than five
hundred thousand dollars ( $500, ooo. 00) for damages
to or destruction of property for any one accident
or event. The permittee must keep current said
insurance at all times for which the permit is
issued and must file with the Town Clerk a
certificate signed by a qualified agent of an
insurance company evidencing the existence of valid
and effective policies of Worker's Compensation and
public liability and property damage insurance as
required above naming the Town as an additional
insured, the limits of each policy, the policy
number, the named of the insurer, the effective
date and the expiration date of each policy, and a
copy of an endorsement placed on each policy
requiring thirty days' notice by mail to the Town
Clerk before the insurer may cancel the policy for
any reason. Nothing in this Section shall be
construed to be a waiver by the Town of Firestone,
its officers, employees or agents of sovereign
immunity.
26
Section 40. Chapter 3, Section 98C of the Code of the Town
of Firestone be and is amended by the deletion of the. first
two sentences in the first paragraph.
Section 41. Chapter 3, Section 98C(l) and (2) of the Code of
the Town of Firestone be and are repealed and. re-enacted as
follows: ·
"not less than two hundred fifty thousand dollars
($250;000.00) for injury or death to one. person,
not less than five hundred thousand dollars
($500,000.00) for injury or death to more than one
person in a single accident or event, and not less
than two hundred fifty thousand dollars
($250,000.00) for damages to or destruction of
property for any one accident or event".
Section 42. Chapter 3, Section 99 of the Code of the Town of
Firestone be and is amended by the deletion of the words."who
is independent of permittee's ·business or operation".
Section 43. Chapter 3, Section 102 of the Code of the Town
of Firestone be and is amended by the deletion of the words
"approved by the oil and gas inspector" and by the.
substitution of the words "thirty (30)11 for the words "sixty
(60)11 •
Section 44. Chapter 3, Section 103 of the Code of the Town
of Firestone be and is amended· by-the substitution of the
words "thirty (30)" for the words "sixty (60)".
Section 45. Chapter 3, Section 105 of the Code of the Town
of Firestone be and is amended by the deletion of the words
"to the satisfaction of oil and gas inspector".
Section 46 .. Chapter 3, Section 106 of the Code of the Town
of Firestone be and is amended by the deletion of the words
"Such mufflers to be approved by the oil and gas inspector
prior to their use".
Section 47. Chapter 3, Section 115 of the Code of the Town
of Firestone. be and is amended by the deletions of the words
"and an offense" and "and is an offense".
Section 48. · Chapter 3 of the Code of the Town of Firestone
be and is amended by the addition of a new section which
reads in its entirety as follows:
. ,., ..
Section 201.1. Authority To Deny Issuance Of
Permit. The Town Clerk may deny an application for
permit under this Chapter upon a determination
27
that:
1. The application has· failed to supply any of
the information required on the application;
2. The applicant has failed to obtain required
insurance;
3. The applicant has failed to pay the required
permit fee;
4. The applicant is not qualified by experience,
training, or education to engage in the
activity authorized by the permit; or
5. The applicant has been finally convicted of an
offense and would create danger to the public
heal th, safety, or welfare if the applicant
were:to engage in such.offensive conduct after
the permit was issued.
If the Town Clerk denies a permit application under
this Section, the Town Clerk shall notify the
applicant in writing stating the specific grounds
for the denial. The ·applicant may thereafter
appeal the denial of the application by the Town
Clerk to the Board of Trustees.
Section 49. Chapter 3, Section 202 of the Code of the Town
of Firestone be and is repealed and .re-enacted as follows in
its entirety:
3-202. Insurance Required. -Each applicant for a
permit or franchise to put in place any pipeline,
conduit, transmission line, cable, or other similar
facility must furnish, with the application for
such permit, proof of insurance current for all
times for which the permit is sought, providing for
the following minimum coverage: Worker's
Compensation insurance, public liability. insurance
coverage not less than two hundred fifty thousand
dollars ($250,000.00) for injury or death to one
persori, not less than five hundred thousand dollars
($500,000.00) for injury or death to more than one
person in a single accident or event, and public
property damage insurance not less than one hundred
twenty-five thousand dollars ($125,000.00) for
damages to or destruction of property for any one
accident. The applicant must keep current said
insurance at all times for which the permit is
issued and must file with the Town Clerk a
certificate signed by a qualified agent of an
28
insurance company evidencing the existence of valid
and effective policies of Worker's Compensation and
public liability and property damage insurance as
required, naming the Town as an additional. insured,
the limits of each policy, the policy number, the
name of the insurer, the effective date and the
expiration date of each policy, and a copy of an
endorsement placed on each policy requiring ten
days' notice by mail to the Town Clerk before the
insurer may cancel the policy for any reason.
Nothing in this Section shall be construed to be a
waiver by the Town of Firestone, its officers,
employees or agents, of sovereigh immunity.
Further, each applicant must· agree to indemnify and
save harmless the Town of Firestone· against and
from any and all damages and claims for damages,
loss, costs, charges or expense that may be brought
against the Town by any person or entity for or on
account of injury to persons or property resulting
from or occasioned by reason of the act; omission
to act or negligence of any person or entity acting
under said permit or resulting from performance of
work contemplated by said permit.
Section 50. Chapter 3, Section 204 of the Code of the Town
of Firestone be and is repealed and re-enacted as follows:
3-204. Annual Inspection.
hereunder shall be issued on
may be renewed annually
conditions:
Each permit issued
· an annual basis and
on the following
a. The provisions of this Section are. fully
complied with; and
b. The permittee has. caused an inspection to be
made, annually, of each installation,
appliances and equipment; and
c. The permittee has filed with the Town Clerk.a
written report of such annual inspection,
within 14 days of the· completion of the
inspection, certifying the safety of each such
installation; and
d. The permittee shall bear and pay the entire
cost of said inspection and report.
Section 51. Chapter 3, Section 205 of the Code of the Town
of Firestone be and is repealed and re-enacted as follows:
3-205. Suspension Or Revocation of Permit.
29
a. In addition to any other. provisions of this
code or other ordinances of the Town, the Town
Clerk may suspend or revoke a license or
permit issued under this title if:.
(1) The licensee
qualifications
applicant;
fails to meet
required of
the
an
(2) The licensee violates any provision
· of this code or other ordinance of
the Town governing the activities
permitted by the license;
(3) The licensee obtained the license by
fraud or misrepresentation; or
(4) The licensee is ·finally convicted of
an offense and would create a danger
to .the public health, safety, or
welfare of the citizens of the Town
if the licensee were to engage in
such conduct after the · license was
issued.
(5) The installation or removal or
continued maintenance by . the
licensee of a pipeline, conduit,
transmission line, cable or other
facility, is determined to
constitute a hazard to the public
health, safety or welfare of the
citizens of the Town.
b. If the Town Clerk finds one of the grounds in
subsection (a) of. this section or any other
ground for suspension or revocation in this
code, the Town Clerk shall determine whether
to revoke the license for the remainder of its
term or suspend it for any shorter period
according to the. severity of the·
disqualification, its effect on public health,
safety, and.welfare, and the time during which
the disqualification can be remedied, if at . all. . .. .
c. Before the hearing required by subsection (d)
of .. this section, the Town Clerk may suspend a
license for up to fourteen (14) days, if the
Town Clerk determines that the suspension is
in the interest of public health, safety, and
30
welfare. The Town Clerk may include in the
temporary suspension reasonable orders or
conditions with which the licensee shall
comply to protect any work in progress and the
public health and safety. · Any breach of such
conditions or orders is.an independent ground
for suspension or revocation of the license.
d. Except for such emergency suspension
authorized by subsection (c) of this section,
no such suspension or revocation is final
until the licensee has been given the
opportunity for a hearing before the Board of
Trustees to contest the suspension or
revocation.
e. If, after a hearing, the suspension or
revocation is upheld, the Town Clerk may
include reasonable -orders or conditions with
which the person whose license has been
suspended or revoked shall comply to protect
any work in progress and the public health,
safety, and welfare.
f. No person whose license is revoked under this
title may receive a refund of any part of the
license fee paid for the license.
g. No person who has had a license suspended or
revoked under this title is entitled to obtain
the same or any similar license under this
code during the period of· suspension or
revocation, either in the person's own name or
as-'. a principal in another business that
applies for a license.
h. Nothing in this title shall be deemed to
prohibit the Town Clerk or other authority
from imposing · other penalties authorized by
this code or other ordinance of the Town,
including filing a complaint in the Town court
for a violation of this code or other
ordinance of the Town.
Section 52. Chapter 4, Section 2. of the. Code of the Town of
Firestone be and is amended by the deletion of the word
"avocations" and its replacement by the word "vocations".
Section 53. Chapter 4, Section 3 of the code of the Town of
Firestone be and is amended by changing its designation to
Section 4. A new Chapter 4, Section 3 is added that reads as
follows in its entirety:
31
Section 3. Authority To Deny Issuance Of License.
The Town Clerk may deny an application for a
license under this Chapter upon a determination
that:
(1) The applicant has failed to supply any of the
information required on the application;
(2) The applicant has failed to obtain required
insurance;
(3) The applicant has failed to pay the required
license fee;
(4) The applicant is not qualified by experience,
training, or education to engage in the
activity authorized by the license; or
(5) The applicant has been finally convicted of an
offense and would create danger to the public
health, safety, or welfare if the applicant
were to engage in such offensive conduct after
the license was issued.
If the Town Clerk denies a license application
under this Section, the Town Clerk shall notify the
applicant in writing stating the specific grounds
for the denial. The applicant may thereafter
appeal the denial of the application by the Town
Clerk to the Board of Trustees.
Section 54. Chapter 4, Sections 4 through 8 inclusive of the
Code of the Town of Firestone be and are amended by changing
their designations as follows: Section 4 to Section 5;
Section 5 to Section 6; Section 6 to Section 7; Section 7 to
Section 8; and Section 8 to Section. 9.
Section 55. Chapter 4, Section 9 of the Code of the Town of
Firestone be and is amended by changing its designation to
Section 10 and by the deletion of its last sentence.
Section 56. Chapter 4, Section 11 of the Code of the Town of
Firestone be and is amended by changing its designation to
Section 12 and by the deletion of the words "One Dollar
($1. 00)" and their replacement by the words "Ten Dollars
($10.00)11 •
Section 57. ''chapter 4, Section 12 of the Code of the Town of
Firestone be and is amended by changing its designation to
Section 13 and by the addition of the words "in addition to
other penalties which may be imposed" in the second sentence
32
immediately before the words "a penalty of 10 percent".
Section 58. Chapter 4, Section 13 of the Code of the Town of
Firestone be and is repealed and re-enacted as follows:
4-14. Suspension Or Revocation Of License.
a. In addition to any other provisions of this
code or other ordinances of the Town; the Town
Clerk may suspend or revoke a license or
permit issued under this title if:
(1) The licensee
qualifications
applicant;
fails· to meet
required of
the
an
(2) The licensee violates any provision
of this code or other ordinance of
Town governing the activities
perinitted by the license;
(3) The licensee obtained the license by
fraud or misrepresentation; or
(4) The licensee is finally convicted of
an offense and would create a danger
to the public health, safety, or
welfare of the·citizens of the Town
if the licensee were to engage in
such conduct after the license was
issued.
b. If the Town Clerk finds one of· the ground in
subsection (a) of this section or any other
ground for suspension· or revocation in this
code, the Town Clerk shall determine whether
to revoke the license for the remainder of its
term or suspend it for any shorter period
according to the severity of the
disqualification, its effect on public health,
safety, and welfare, and the time during which
the. disqualification can be remedied, if at
all.
c. Before the hearing required by subsection (d)
of this section, the Town Clerk may suspend a
license for up to fourteen (14) days, if the
Town Clerk determines that the suspension is
in the interest of public health, safety, and
welfare. The Town Clerk may include in the
temporary suspension reasonable orders or.
conditions with which the licensee • shall
33
comply to protect any work in progress and the
public health and safety. Any breach of such
conditions or orders is an independent ground
for suspension or revocation of the license.
d. Except for such emergency suspension
authorized by subsection (c) of this section,
no such suspension or revocation is final
until the licensee has been given the
opportunity for a hearing before the Board of
Trustees to contest the suspension or
revocation.
e. If, after a hearing, the suspension or
revocation is upheld, the Town Clerk may
include. reasonable orders or conditions with
which the person whose license has bee
suspended or revoked shall comply to protect
any work in progress and the public health,
safety, and welfare.
f. No.person whose license is revoked under this
title may receive a refund of any part of the
license fee paid for the license.
g. No person who has had. a license suspended or
revoked under this title is entitled to obtain
the same or any similar license under this
code during the period of suspension or
revocation, either in the person's own name or
as a principal in another business that
applies for a license.
h. Nothing in this title shall be deemed to
prohibit the Town Clerk or other authority
from imposing other penalties authorized by
this code or other ordinance of the Town,
including filing a complaint in the Town court
for a violation of this code or other
ordinance of the Town.
Section 59. Chapter 4, Section 15 of the Code of the Town of
Firestone be and is amended by the deletion of the words
"without permission from the Board of Trustees of the Town of
Firestone" and their replacement by the words "unless a
transfer has been approved pursuant· to Chapter 4, Section 12
herein".
Section 60. Chapter 4, Section 16 of the'code of the Town of
Firestone be and is repealed and re-enacted as follows:
4-16. Return of Fees. · Upon refusal of any
34
application for a ·license, or in the event that any
license is suspended or revoked, all monies paid
therefor shall be and remain the monies of the Town
and no refund shall be made to any applicant or
licensee.
Section 61. Chapter 4, Section 19 of the Code of the Town of
Firestone is repealed and re-enacted as follows:
4-19. Obscenity Prohibited. It.shall be unlawful
for any licensee under this Part to give or make an
exhibition, theatrical or otherwise, that is
obscene. If it shall appear to the Board of
Trustees that any licensee has given or made an
obscene exhibition, then the Board may suspend or
revoke such license.
Section 62. Chapter 4, Sections 24 through 28 inclusive of
the Code of the Town of Firestone be and are hereby repealed
and re-enacted as follows:
4-24. Permits for Concerts and Sound System
Required.
a. No person shall operate any public address
system or other amplified sound system in a
park, parkway, recreation area, or open space
under circumstances reasonably expected to
draw an audience of fifty or more people,
without first obtaining a permit from the Town
Clerk under this section.
b. No person shall stage a concert of live or
recorded music by an individual, band, or
orchestra· intended for or which can· reasonably
be expected to draw an audience of fifty or
more people in a city park, parkway,
recreation area, or open space without first
obtaining a permit from the Town Clerk under
this section.
c. An applicant for a permit shall file an
application at least two days before the
requested day of the concert along with a
security deposit of twenty dollars. The
application shall be signed by at least one
adult resident of the Town and, if the permit
requested is for a live concert, the
individual performer, . band leader, or
orchestra leader, and shall contain:
(1) The name and address of the individual or
35
organization sponsoring the concert;
(2) The name, address, and telephone number
of the individual in charge of the
concert;
(3) The park or recreation area
thereof for which the
requested;
or portion·
permit is
(4) The nature of the source of the music;
(5) The day and hours for which the permit is
sought; and ·
(6) An estimate
attendance.
of the anticipated
d. Upon receiving an application, the Town Clerk
shall:
(1) Verify the accuracy of the information;
(2) Review the schedule of park or recreation
area .use to determine whether there is a
conflict with prior applications or
scheduled activities of the parks and
recreation department, which have
priority; if there is a conflict, the
Clerk will notify the applicant to permit
· amendment of the application to avoid the
conflict;
(3) Review the requested site of the concert
to determine whether or not the available
seating, parking, and sanitation
facilities are adequate for the proposed
use;
( 4) Review the proposed time of the concert.
and the estimated attendance and consider
other relevant circumstances to insure
that the security deposit is adequate to
protect against . possible damage to Town
property and defray costs of restoration
of the premises to a neat and orderly
condition. The Clerk may require a
deposit beyond the twenty dollars if. the
Clerk determines that twenty dollars is
insufficient. The Clerk may also return
the security deposit upon the
determination that it is not necessary to
36
•
protect the interests of the Town.
e. If the applicant fulfills the requirements
prescribed by this section, the Clerk shall
issue a permit unless the proposed concert
would exceed the available seating, parking,
and sanitation facilities. Each permit is
subject to the following conditions:
f.
g.
h.
(1) The applicant takes all reasonable steps
to protect Town facilities and property,
including flora and fauna, against
damage;
(2) The applicant cleans and restores the
premises to a neat and orderly condition;
(3) The applicant charges no admission for
the concert unless it is a Town sponsored
event;
( 4) The applicant is. responsible to assure
that the noise emanating from the music
source does not disturb the peace of the
immediate neighborhood;
(5) The applicant is responsible to assure
that all members of the band or orchestra
comply with all applicable state and Town
laws and ordinances; and
(6) The applicant insists at all times that
the members of the audience comply with
all applicable state and city laws and
ordinances.
The Town Clerk, Commissioner of Law
Enforcement or Marshal may revoke a permit
issued under this section at anytime during.
the course of the concert for breach of any of
the conditions prescribed by subsection (e) of
this section. If the manager revokes the
permit, the concert must cease immediately.
No person shall continue a concert after a
permit has been revoked.
No permit issued under the provisions of this
section will expire later than 10:00 p.m.
After the concert and during working hours,
each permi ttee under this section shall
contact the Town Clerk to inspect the area
37
used in the concert. If no damage .has been
done and the area has been properly cleaned,
the Town Clerk shall return the security
deposit. If the permittee has failed to meet
the obligations prescribed by this section,
the Town Clerk shall retain a sum from the
deposit sufficient to cover the damage or
restore the premises to a neat condition.. If
the security deposit does not completely
indemnify the Town for damage or cleaning cots
necessary to restore the area, the permi ttee
shall not fail to pay forthwith to the Town a
sum to cover these extra costs.
Section 63. Chapter 4, Sections .40 through 49 inclusive of
the Code of the Town of Firestone be and are hereby repealed
and re-enacted as follows:
4-46. Secondhand Stores. Pawnbrokers. Junk
Dealers. License Required.
a. No person shall (1) operate a secondhand store
or a place for buying and selling, including
without limitation, selling on consignment,
secondhand goods, or (2) engage in the
business of keeping a place for buying and
selling junk, without first obtaining a
license therefor from the Town Clerk under
this chapter.
b. No person shall engage in the . business of ·
pawnbroking without first obtaining a license
therefor from the: Town Clerk under this
chapter.
c. Nothing in this chapter shall be deemed to
apply to a garage sale or.rummage sale, unless
it is held at the same address more than twice
per year.
4-47. License Application.
a. An applicant for a license under this chapter
shall apply on forms furnished by the Town
Clerk, including without limitation, the full
name of the applicant and the address of the
location at which such business is to be
conducted and. any other information required
by the. Town Clerk to establish the fitness,
financial . responsibility, and character
required to obtain a license, and shall pay an
38
annual fee of one hundred dollars ($100.00).
b. An applicant· for a pawnbroker license shall
also:
(1) Furnish to the Town a bond from a surety
approved by the Town Clerk in the amount
of five thousand dollars, to be forfeited
if the applicant fails to comply with the
· requirements of this chapter or if the
applicant fails to keep safely or return
all articles pledged to the applicant;
and
(2) Provide to the Town Clerk proof of fire
. and property damage insurance policies
upon the property the applicant holds as ·
pledge in the minimum amount of one-half
its pledged value in.case· of fire.
4-47. Authority To Deny Issuance Of License.
a. The Town Clerk may deny an application for a
license under this chapter upon a finding
that:
(1) The applicant has failed to supply any of
the information required on the
application; or
(2) The applicant has failed to provide the
required bond or pay the required annual
fee; or
(3) The applicant is not qualified by
experience, training, or education to
engage in the activity authorized by the
license; or
(4) The applicant has been finally convicted
of an offense and would create danger to
the public health, safety or welfare if
the applicant were to engage in such
offensive conduct after the license was
issued; or
(5) The applicant has had any secondhand
dealer or pawnbroker or junk dealer
license revoked or suspended; or
'
(6) The applicant has previously failed to ·
comply with this code or any ordinance of
39
the Town relating to conducting any
secondhand dealer or pawnbroker or junk
dealer business licensed by this Town.
b. If the Town Clerk denies a license application
under this section, the Town Clerk shall
notify the applicant in writing stating the
specific grounds for the denial. The
applicant may thereafter appeal the denial of
the application by the Town Clerk to the Board
of Trustees.
4-48. Change of Address. No person licensed under
this chapter shall move its place of storing
pledged, secondhand, or consigned articles without
fi:rst having notified the Town Clerk, who shall
note the change of address upon the license.
4-49. Suspension or Revocation Of License.. In
addition to any other provisions of the Town, the.
Town Clerk may suspend or revoke a license or
permit issued under this Chapter pursuant to the
procedures and requirements of Chapter 4, Section
14 herein.
Section 64. Chapter 6, Section 4 of the Code of the Town of
Firestone be·and is amended as follows:
The second sentence is deleted in its entirety.
Section 65. Chapter 6, Section 8 of the Code of the Town of
Firestone be and is amended as follows:
The words "All warrants or checks drawn upon
accounts of the Town must be signed by the Mayor
and countersigned by the. Clerk, stating" are
deleted and replaced by the words "All warrants or
checks drawn upon the Treasurer must be signed by
at least two of the following three persons -the
Mayor, the Mayor Pro Tem, the Clerk/Treasurer-
stating".
Section 66. Chapter 6, Section 22(A) of the Code of the Town
of Firestone be and is amended as follows:
The words "A sales tax on the sales of tangible
personal property, and services in the Town of
Firestone that are taxable pursuant to Section 39-
26-114, C.R.S.11 are deleted and replaced with the
words "A sales tax on the sales of tangible.
personal property and services in the Town of
Firestone that are taxable pursuant to Section 39-
40
26-104, C.R.S.11
Section 67. Chapter 7, Section 1 of the Code of the Town of
Firestone be and is hereby repealed.
Section 68. Chapter 8 of the Code of the Town of Firestone
be and is amended by the addition of .a new section which
reads as follows in its entirety:
Section 22. Uniform Service Charge. There is
hereby imposed as a uniform service charge, for
collection of garbage and refuse, the sum of six
dollars and sixty-five cents ($6.65), such sum to
be added to each monthly water bill issued by the
Town.
Section 69. · Chapter 8, Section 3 of the Code of the Town of
Firestone be and is amended as follows:
The words "shall receive for his services as such
officer, Three Dollars ($3.00) per month, payable
monthly, and" are deleted.
Section 70. Chapter 8, Section 4 of the Code.of the Town of
Firestone be and is amended as follows:
The words "and for that purpose he shall inspect
all alleys, water closets, outhouses, stables,
slaughter houses, factories, cesspools and drains
within the Town limits" are deleted and replaced
with the words "including but not limited to the
Firestone Housing Code".
Section 71. Chapter 8, Section 5 of the Code of the Town of
Firestone be and is amended as follows:
The words "he shall, with the assistance of the
Town Attorney, file his complaint with the Pol ice
Magistrate of said Town against all such offenders"
are deleted and replaced with the words "he shall
refer such lllatters to the Town Marshal or Town
Attorney for prosecution".
Section 72. Chapter 8, Section 6 of the Code of the Town of
Firestone be and is amended as follows:
The words "contagious or infectious diseases shall
exist" are deleted and replaced with the words
"threat to public health'shall become known to the
Commissioner of Health to exist".
Section 73. Chapter 8, Section 7 of the Code of the Town of
41
Firestone be and is amended as follows:
The words "written" and "of all cases of contagious
or infectious disease then existing in the Town"
are deleted.
Section 74. Chapter 8, Section 15 of the Code of the Town of
Firestone be and is repealed and re-enacted as follows:
8-15. Buildings To Be Connected To Sewer. Each
building in the Town of Firestone in which plumbing
arrangements are constructed shall be connected
with a sewer constructed and maintained in
accordance with the ordinances and regulations of
the Town of Firestone. Any person or entity owning
such building and refusing or neglecting to comply
with the provisions of this section shall be guilty
of a separate misdemeanor for each and every
offense, and for each day such offense continues.
Section 75. Chapter 8, Section 23 of the Code of the Town of
Firestone be and is repealed and re-enacted as follows in its
entirety:
8-23. Duty To Cut and Remove From Property. It.
shall be the joint and several duty of each person,
corporation or entity owning, occupying or managing
any lot, tract or parcel of land within the Town of
Firestone: a) to cut to the ground on each said
lot, tract or parcel, all weeds, grasses, and
brush, when said weeds, grasses and brush grow to a
height of six (6) inches or more; and b) to remove
from said lot, tract or parcel, all trees, limbs or
branches of trees, shrubs or plants, whether alive
or dead, which are dangerous to health or property;
and c) to remove the same, together with all
rubbish of all kinds from said property; and .d) to
similarly cut to the ground all weeds, grasses, and
brush, and similarly remove any trees, limbs or
branches of trees, shrubs or plants, whether alive
or dead, and similarly remove the same, together
with all rubbish of all kinds, in and from the area
from said property to the middle of any alley
abutting behind or on the side of said property,
and in and from the area from said property to the
street abutting to the front or on the side of said
property, such area to · include but not be limited
to curb, gutter and sidewalk.
Section 76. Chapter 8, Section 24 of the Code of the Town of
Firestone be and is repealed.and re-enacted as follows in its
entirety:
42
8-24. Duty To Remove From Town. It shall be the
joint and several duty of each person, corporation
or entity owning, occupying or managing any lot,
tract or parcel of land within the Town of
Firestone to remove, immediately upon cutting, all
weeds, grasses, brush, trees, limbs, shrubs or
plants, together with all rubbish of all kinds,
from the Town of Firestone,· or otherwise entirely
destroy it in a legal fashion.
Section 77. Chapter 8, Section 25 and Section 26 of the Code
of the Town of Firestone be and are repealed and re-enacted
as a single section as follows:
8-25. Definitions.
following words • are
common usage, as set
When used in this Code, the
defined in addition to their
forth below:
a. Weed: Any useless, troublesome, . or noxious
plant, especially one that grows profusely;
b. Grass: Herbage in general, especially non-
woody vegetation;
c. Brush: cut or broken wood or shrubs;
d. Tree: A perennial plant having a permanent,
woody, self-supporting main stem or trunk;
e. Limb: A large or main branch of a tree;
f. Shrub: A woody perennial plant, smaller than
a tree, usually having permanent stems
branching from or near the ground;
g. Plant: Any member of the vegetable group of
living organisms;
i. Rubbish: Waste or refuse material, debris,
littler, trash.
,Section 78. Chapter 8, Section 27 of the Code of the Town of
Firestone be and is repealed and re-enacted as Section 26 as
follows:
8-26. Notice To cut and/or Remove. The Town shall
cause written notice to be served upon the owner,
occupant or manager of property, the condition of
which violates any of the ordinances set forth
above, to comply with the ordinances within four
(4) days from service of such notice. Such notice
43
may be personally served upon such person or
entity, or posted in a conspicuous manner upon the
front door of the building, if any, on such
property, or by mailing a copy of such notice to
the last known address of such person or entity, or
by publication for two (2) times, a week apart in a
newspaper published or distributed in the Town. of
Firestone. In the case of posting, service sha"il
be complete three days after the notice is posted.
In the case of mailing, service shall be complete
three days after the notice is postmarked. In the
case of publication, service shall be complete on
the last day of publication.
Section 79. Chapter 8, Section 28 of the Code of the Town of
Firestone be and is repealed and re-enacted as Section 27 as
follows:
8-27. Town May cut and/or Remove. In case of the
failure of any owner, occupant or manager of
property who has been served notice as set forth
above to cut or remove the weeds, grasses, brush,
trees, limbs, shrubs, plants. or rubbish as set
forth above, within the time and in the manner
prescribed above, the Town Board may order or
appoint a person to cut and/or remove from such
property all such weeds, grasses, brush, trees,
limbs, shrubs, plants and rubbish. The person so
ordered or appointed shall proceed at once to do
such cutting and/or removal.
Section 80. Chapter 8, Section 29 of the Code of the Town of
Firestone be and is repealed and re-enacted as Section 28 as
follows:
8-28. Report of Costs. The person ordered or
appointed by the Town Board as set forth above,
upon completion of the .work specified by the Town
Board, shall report in writing to the Town Board a
clear statement of the work done by him or his
assistants, and the expense incurred in so doing so
that the Town Board may determine the cost of such
work. A separate report shall be made for each
lot, tract or parcel of land.
Section 81. Chapter 8, Section 30 of the Code of the Town of
Firestone be and is repealed and re-enacted as Section 29 as
follows:
8-29. Assess Property
considering each report made
Town Board shall determine
44
For Costs. After
as set forth above, the .
and assess the whole
cost for such cutting and/or removal.
Section 82. Chapter 8, Section 31 of the Code of the Town of
Firestone be and is repealed and re-enacted as Section 30 as
fo;llows:
8-30. Notice of Assessment. The Town Clerk, as
soon as may be after an assessment is made as set
forth above, shall send by registered· mail with
return receipt requested, addressed to the owner of
such property, the occupant of such property, and
the manager of such property if any, at the last
known address of such owner, occupant and manager,
a notice of such assessment, which notice shall
contain a description of the property, the name of
the owner, occupant and manager, and the amount of
the assessment.
Section 83.
Firestone be
follows:
Chapter 8, Section 32 of the Code of the Town of
and is repealed and re-enacted as Section 31 as
8-31. Duty To Pay Assessment. It shall be the
joint and several duty of the owner, occupant and
manager, if any, of property assessed as set forth
above to pay such assessment or object thereto in
writing within thirty (30) days after the mailing
of the notice of assessment, and in the case of his
failure to so do, each shall be jointly and
severally liable, personally, for the amount of the
assessment and the same shall be a lien upon the
respective lot, tract or parcel of land from the
time of such assessment. The Town shall have all
remedies for collection thereof provided by law,
including but not limited to the right to certify
the assessment to the proper officers of the County
of Weld, State of Colorado, for the. purpose of
having the same placed upon the tax list and
collected in the same manner as taxes are collected
at that time. The assessment shall be a lien
against each such respective lot, tract or parcel
of land until paid and shall have priority over all
other liens except general taxes and prior special
assessments.
Section 84. Chapter 8, Section 33 of the Code of the Town of
Firestone be and is amended by changing its designation to
Section 32. It shall remain unchanged in all other respects.
Section 85. Chapters, Section 34 of the Code of the Town of
Firestone be and is amended by changing its designation to
Section 33, and by adding a comma.and the words "occupant or
45
manager" immediately after the word "owners" in the body, and
by deleting the words "within thirty (30) days after the
receipt" and replacing them with the words "within thirty
(30) days after the mailing of the notice of assessment", and
deleting the word "mayor" whenever it appears and replacing
it in each instance with the words "Town Board".
Section 86. Chapter 8, Section 35 of the Code of the Town of
Firestone be and is amended by changing its designation to
Section 34. It shall remain unchanged in all other respects.
Section 87; Chapter 8, Section 36 of the Code of the Town of
Firestone be·and is amended by the deletion of the words "any
to bury the same, so it shall not become offensive".
Section 88. Chapter 8,
Firestone be and is
follows:
Section 37 of the Code of the Town of
hereby repealed and re-enacted as
8-37. Careless Driving Or Riding Animals
Prohibited. No person shall drive or ride an
animal in a careless and imprudent manner, without
regard to width, grade, curves, corners, traffic
and use of the streets, alleys and sidewalks and.
all'. other attendant circumstances.
Section 89. Chapter 8, Section 41 of the Code of the Town of
Firestone be and is amended by the addition of a comma and
the word "wildlife" immediately after the word "livestock".
Section 90. Chapter 8, Section 45 of the Code of the Town of
Firestone be and is repealed and re-enacted as follows:
8-45. Cruelty To Animals Prohibited.
a. No person shall:
(1) Overdrive, overload, drive when
overloaded, or overwork any animals;
(2)' Cruelly beat, cruelly mutilate, or
torture any animal;
(3) Needlessly shoot at, wound, capture, or
in any other manner needlessly molest,
injure, or kill any animal; or
( 4) Carry or transport or keep in a cruel
manner any animal.
b. It is specific defense to a charge of
violating Section 8-45(a) (3) that the action
46
was necessary to avoid injury to a person or
that the animal was not a domesticated animal
and the action was necessary to avoid injury
to a person or property.
Section 91. Chapter 8 of the Code of the Town of Firestone
be and is amended by the addition of the following sections:
8-45.1. Improper Care of Animals Prohibited. No
person owning or keeping an animal shall fail to
provide it with necessary sustenance and to keep it
under conditions where its enclosure is not
overcrowded, unclean, or unhealthy.
a. An animal is deprived of necessary sustenance
if it is not provided proper food or drink.
b. · An enclosure is.overcrowded unless its area is
at least the square of the following sum for
each animal confined therein: twice the sum
of the length of the animal in inches (tip of
nose to base of tail) plus six inches.
c. An enclosure is unclean when
than one day's elimination
enclosed therein.
it containsmore
of each animal
d. An enclosure is unhealthy when it is likely to
cause illness of the animal.
8-45.2. Abandoning Animals Prohibited. No person
shall abandon any animal.
8-45.3. Animal Fighting Prohibited.
a. No person shall cause, sponsor, arrange, hold,
or encourage a fight between animals.
b. For the purposes of this section, a person
encourages a fight between such animals if the
person:
(1) Is knowingly present at .such fight;
( 2) Owns, trains, transports, possesses or
equips such an animal with the intent
that the animal will be engaged in such a
fight; or
(3) Knowingly allows such a fight to occur on
any property owned or controlled by such
person.
47
8-45.4. Barking, Howling, or Other Unreasonable
Animal Noise Prohibited.
a. No person owning or keeping any animal shall
fail to prevent such animal from disturbing
the peace of any other person by loud and
persistent or loud and habitual barking,
howling, yelping, braying, whinnying, crowing,
calling, or making any other loud and
persistent or loud and habitual noise, whether
the animal is on or off the owner's or
keeper's premises.
b. No person shall be charged with violating this
section unless a written warning was given to
the person by an agent or employee of the Town
within twelve months preceding the first date
alleged as a date of violation in. the
complaint. such warning is sufficient if it
recites· subsection (a) of this section and
states that a complaint has been received that
an animal of which the defendant is an owner
or keeper is disturbing the peace of an
individual. A warning is given under this
subsection if it is personally given to the
person owning or keeping the animal or if it
is mailed first class· to such person. The
Town· Clerk shall keep all· records of all
warnings given, and such records are prima
facie evidence that such warnings were given.
c. No person shall be convicted at trial of
violating this section unless two or more
witnesses testify to the loud and persistent
or loud and habitual nature of the noise, or
unless there is other evidence corroborating
the testimony of a single witness on this
element.
d. The provisions of subsections (b) and (c) of
this section do not apply when the animal is a
cat and it is proven beyond a reasonable doubt
that the cat was off the premises of its owner
or keeper at the time of the disturbance .
. 8-45.5. Poisoning Animals Prohibited.
a. No person shall poison or distribute poison in
any manner with the intent to poison any
animal. It is a specific defense to a charge
of violating this subsection that the person
intended to poison mice, rats, or rodents
other than hamsters, guinea pigs, and
squirrels by the use of a poisonous substance
approved for such use by the United States
Environmental Protection Agency or that the
person was regularly engaged in the business
of fumigation or pest extermination and was so
licensed by the State of Colorado.
b. No person shall use, set, place, maintain, or
tend any leg-hold trap. The Marshal shall
confiscate any leg-hold trap found in
violation of this subsection and dispose of it
as the Marshal deems appropriate.
Section 92. Chapter 8, Section 46(a) of the Code of the Town
of Firestone be and is repealed and re~enacted as follows:
8-46(a).
(1) No person shall own or keep any vicious
animal. A . vicious animal is one that
bites, claws, or attempts to bite or claw
any person; bites another animal; or in a
vicious or terrorizing manner approaches
any person in an apparent attitude of
attack, whether or not the attack is
consummated or capable of being
consummated.
(2) It is a specific defense to the charge of
owning or keeping a vicious animal that
the person or animal that was bitten,
clawed, or approached by the vicious
animal was:
(i) Engaging in conduct reasonably
calculated to provoke the animal to
attack or bite;
(ii) Unlawfully engaging in entry into or
upon a fenced or enclosed portion·of
the premises upon which the animal
was lawfully kept or upon a portion
of the premises where the animal was
lawfully chained;
(iii) Engaging in unlawful entry into or
unlawfully in or upon a vehicle in
which the animal was confined;
(iv) Attempting to
49
assault another
person;
(v) Attempting to stop a fight between
.· the animal and any other animal; or
(vi) Attempting to aid the an.imal when it
was injured ..
(3) For the purposes of this section, a
person is lawfully upon the premises of
an owner or keeper when such person is on
said premises in the. performance of any
duty imposed by law or by the express or
implied invitation of the owner of such
premises or the owner's agent.
Section 93. Chapter a, Section 46(c) of the Code of the Town
of Firestone be and is amended by the deletion of the third
sentence.
section 94.
Firestone be
subsection:
8-46/d).
(1)
Chapter 8, Section 46 of the Code of the Town of
and is amended by the addition of the following
Court May Order Animal Destroyed._
Whenever. a determination has been made
that any vicious animal is owned or kept
as provided above, the Town Clerk,
Marshal, Deputy or Town Attorney may
apply to the municipal court for an order
to destroy the animal. Such application
shall:
(i) Identify the animal;
( ii) Identify the owner and keeper,
known, or the residence of
animal if the owner or keeper is
known;
if
the
not
(iii) Identify the date and location of
occurrence of one or more acts of
viciousness; and
(iv) Request that the owner and keeper be
required to show cause why the
animal should not be iinpounded and
destroyed.
(2) Upon receipt of such an application, the
court shall set a date fora hearing
50
thereon, and cause to be served on the
owner and keeper, if known, and if not
known, delivered to or posted on the
residence of the animal, a copy of the
application and a notice of the hearing.
( 3 ) If the Town can show by a preponderance
of evidence at the hearing that the
animal was vicious within the meaning of
this section, the judge may order the
animal impounded and destroyed or may
make such other order as in the judge's
discretion will provide adequate
protection to other persons or animals.
Before making. such order, the judge may
request any report in its discretion
concerning the appropriate disposition of
the animal.
( 4) Any trial for violation of this · section
also constitutes a hearing under this
subsection (d) and upon a showing
sufficient to support a finding of
viciousness under this section,the judge
may make orders authorized by this
subsection (d).
Section 95. Chapter 8, Section 47 of the Code of the Town of
Firestone be and is repealed and re-enacted as follows:
8-47. Animals Must Be Vaccinated. It shall be
unlawful for any person to own, keep or harbor any
dog or cat over six (6) months of age, unless proof
of vaccination has been · provided as required in
Section 8-48.
Section 96. Chapter 8, Section 48 of the Code.of the Town of
Firestone be and is amended by the deletion of the comma
after the word "license" in the first sentence, the deletion
of the word "therefore" and substitution for it by the word
"therefor", and the addition of the following language at its
conclusion.
"Each application for a license shall be
accompanied by a certificate from a duly licensed
veterinarian documenting that the subject animal
has been adequately inoculated within a
sufficiently recent time, with a vaccine approved
by the Colorado Department of Public Health, to
provide immunity from disease during the time
period for which the license is issued".
51
Section 97. Chapter 8, Section 51 of the Code of the Town of
Firestone be and is repealed and re-enacted as follows:
8-51. Nuisance.
a. No person shall own or keep any animal that
constitutes a nuisance, defined for this
section as an animal which is a safety or
health hazard, materially interferes with or
disrupts a person in the conduct of lawful
activities at such person's home, produces or
creates any unreasonable disturbance by
excessive or continuing noise, threatens or
molests persons, repeatedly chases vehicles,
attacks other animals, damages property of
another, or is repeatedly at large.
b. No person. shall be charged with violating this
section unless a written warning was given to
the person by an agent or employee of the Town
within twelve months preceding the first date
alleged as a date of violating in the
complaint. Such warning is sufficient if it
recites subsection (a) of this section and
states that a complaint has been received that
an animal of which the defendant is the owner
or keeper · is disturbing the peace of another
individual. A warning is given under this
subsection if it is personally given to a
person owning or keeping an animal or if it is
mailed first class to such person. The Town
Clerk shall keep records of all warnings
given, and such records are prima facie
evidence that such warnings were given.
8-51.1. Nuisance Cat Prohibited. No person
owning, keeping or harboring any domestic house cat
shall fail to prevent the cat from damaging the
property of another.
Section 98. Chapter 8 1 Section 52 of the Code of the Town of
Firestone be and is amended by the deletion of the words "a
dog or cat" and their replacement by the words "any animal to
prevent the animal from being off the premises of the owner
or keeper unless the animal is on a leash, no longer than six
feet, held by a person, or within a vehicle or similarly
confined and without access to passersby and".
Section 99. Chapter 8, section 53 of the Code of the Town of
Firestone be and is amended by the deletion of the words "dog
or cat" each time they appear and their replacement in each
instance by the word "animal" and. by the deletion of the
52
words "dogs or cats" and their replacement by the word
"animals".
Section 100. Chapter 8, Section 64 of the Code of the Town
of Firestone be and is amended as follows:
The word "do<:!'" is deleted each time it appears
therein and is replaced each time by the word
"animal". The words "by the owner or the custodian
of the animal" are added. immediately after the
words "securely attached". •
Section 101. Chapter a, Section 66 of the Code of the Town
of Firestone be and is amended as follows:
The word "dog" is deleted each time it appears
therein, in the title and the body, and is replaced
each time by the word "animal 11 • The word
"marshall' s" followed by a comma is added
immediately before the word "police" each time said
word "police" appears.
Section 102. Chapter 8, Section 67 of the Code of the Town
of Firestone be and is amended as follows:
The word "dog" is deleted each time it appears
therein, in the title and the body, and is replaced
each time by the word "animal". The words "lack.of
license" are deleted and replaced by the words
"charge of ordinance violation". The word
"written" is added immediately before the word
"notice" each time the word "notice" appears.
Section 103. Chapter a, Section 67.1 of the Code of the Town
of Firestone be and is amended as follows:
The word "dog" is deleted each time it appears
therein, in the title and the body, and is replaced
each time by the word II animal 11 • Subsections a. )
and b.) are deleted in their entirety and replaced
by the words "five dollars ($5.00) plus the actual
costs of impoundment". The language following
subsections a) and b) shall remain without change. ·
Section 104. Chapter 8, Section 68 of the Code of the Town
of Firestone be and is amended as follows:
The word . "dog" is deleted each time it appears
therein, in the title and the body, and is replaced
each time by the word "animal 11 • The words '"three
(3)" are deleted and replaced by the words "five
(5)".
53
Section 105. Chapter 9, Section 2.1 of the Code of the Town
of Firestone be and is repealed and re-enacted as follows:
9-2.1.1. Trespass. No person.shall:
a. Enter or remain upon land or premises other
than a dwelling of . another in defiance of a
legal request or order by the owner or some
other authorized person; or
b. Enter into or upon land or a building other
than a dwelling that is posted, locked, or
otherwise fenced or enclosed in such a manner
that a reasonably prudent person would
understands that the owner does not want any
such person on the land or in the building.
9-2.1.2. Trespass to a Motor Vehicle. No person
shall enter any motor vehicle of another without
permission of the owner. It is a specific defense-
to a charge under this section that the defendant
had permission of the owner's agent for.the entry,
that the entry was for a brief period of time to
secure the vehicle from harm, or was directed or
authorized by a public official. This section does
not apply where the entry was made with the intent
to steal anything of value or where the vehicle was
parked on the property of the defendant or of the
defendant's principal. A violation of this
subsection shall be a misdemeanor.
9-2.1.3, Trespass on Public Buildings.
a. No person shall climb on any building or other
structure belonging to the Town or under the
possession and control of the Town or any
portion thereof not designed for such
activity, or on any shrub or tree growing on
Town property.
b. No person shall attach or·secure.any object to
Town property not specifically designed for
such purpose without first obtaining
authorization from the Town Clerk.
c. A violation of this subsection shall be a
misdemeanor.
9-2. 1. 4. Trespass on Public Property. No person
shall enter any property belonging to the Town or
under the possession and control of the Town that
54
is fenced or otherwise enclosed in a manner
designed to exclude intruders or is posted with
signs at intervals of not ·more than four hundred
forty yards that forbid entry.
Section 106. Chapter 9, Section 2.2 of the Code of the Town
of Firestone be and is repealed and re-enacted as follows:
9-2.2.1. Damaging Property of Another.
a. No person shall knowingly damage,
inJure, or deface the real or
property of another.
destroy,
personal
b. This section does not apply where the damage
in the course of a single criminal episode is
three hundred dollars or more, .is · effected by
means of fire or explosives, or is otherwise
feloniously caused.
c. A :violation of this subsection shall be a
misdemeanor.
9-2. 2. 2. Damaging Public Property. No person
shall damage, move, remove, destroy, or injure in
any manner whatsoever or cause to be damaged,
moved, removed, destroyed, or injured any grass,
tree, shrub, plant, flower, railing, bridge,
culvert, sign, building, or any other property
whatsoever belonging to the Town or under the
possession and control of the Town, unless done
pursuant to a written permit or contract from the
Town.
Section 107. Chapter 9, Section 2.3 of the Code of the Town
of Firestone be and is repealed and re-enacted as follows:
9-2.3. Littering.
a. No person shall deposit, leave, dump or cause
to be deposited, left, or dumped any trash,
refuse, garbage, or rubble on any public or
private property other than within those ·
containers specifically designated for the
deposit of such materials.
b. No driver of any vehicle, other than a vehicle
carrying passengers for hire, shall fail to
prevent any passenger in the driver's vehicle
from violating subsection (a) of this section.
c. It is a specific defense to a violation of
55
this section that the owner of private
property gave the defendant permission to
perform the acts proscribed in this section.
d. This section does not apply to the
distribution of literature on private property
in the exercise of· First Amendment rights
under the United States Constitution when such
literature is placed at reasonable locations
designed to reach the attention of the
occupant of the property.
e. This section does not apply to deposit of
hazardous wastes in violation of 18-13-112,
C.R.S. 1973 ..
f. No person shall deposit, leave, dump, or cause
to be deposited, left, or dumped any trash,
refuse, garbage, or rubble in any designated
container in any city park, recreation area,
or open space unless such material originated
from lawful activity in such area.
Section 108.
of Firestone
"any person"
"against".
Section 109 ..
Firestone be
subsections:
Chapter 9, Section 2.4 of the Code of the Town
be and is amended by the addition of the words
followed by a comma immediately after the word
Chapter 9, Section 3 of the Code of the Town of
and is amended by the addition of the following
9-3.6. Brawling. No person shall fight with
another in a public place except in a prearranged
amateur or professional contest· of athletic skills.
A violation of this subsection shall be a
misdemeanor.
9-3. 7. Use of Fighting Words. No person shall
insult, taunt, or challenge another in a manner
. likely to provoke a disorderly response. If the
person to whom such insult, taunt, or challenge is
directed is a police officer, there is no violation
of this section until the police officer requests
the person to cease and· discontinue the conduct,
but the person repeats or continues the conduct.
9-3. 8. Disrupting Quiet Enjoyment of Home. No
person shall recklessly engage in, or be
responsible for, a course of loud or obstreperous
conduct that materially interferes with or disrupts
another individual in the conduct of lawful
56
activities at such individual's home; but where the
loud or obstreperous conduct consists solely of
natural speech or communication by or. between
people, such conduct is not prohibited under this
section unless it is used as a guide materially to
interfere with or disrupt another individual in the
conduct of lawful activities at the individual's
home and that is the result. The following
standards and definitions shall be used in the
application of this section:
a. The person engaging in such conduct must be at
a location other than the complainant's home
arid not attending a bona fide outdoor public
event such as a football game;
b. "Home" incudes the physical residence as.well
as the outside premises;
c. "Another individual" includes all members of
the household as well as others rightfully in
the residence or on the premises;
d. No person shall be convicted of a violation
unless it has been communicated to the person
that such conduct violative of this subsection
is occurring or ·has• recently occurred,and
after such communication conduct violative of
this section is repeated or continued; but if
there have been both a similar situation
within the previous ninety days and a
communication about it to such person, then no
such communication need be made a second time;
e. Conduct violative of this section originates
upon private property and the owner or some
other person with authority to control that
property is present at the time that such
occurs and if the owner or authorized person
has received a communication requesting
cessation or reduction in the level, the owner
or authorized person is also responsible for
the repeated or continued conduct under this
section, even though not directly engaged in
the conduct.
f. This section is in full force and effect
twenty-four hours everyday.
9-3. 9. Brandishing a Weapon. No person not a
marshal!, police officer, or a peace officer of any
county, state or the United States and acting in
57
such capacity, shall display a deadly weapon in a
public place.in a manner calculated to alarm. It
is an affirmative defense to a charge of violating
this section that the display constituted
legitimate self defense under state law. A
violation of this subsection shall be a
misdemeanor.
9-3 .10. Obstructive Public Streets I Places I or
Buildings.
a. No person · without
knowingly obstruct
movement in a public
legal privilege shall.
vehicular or pedestrian
place.
b. For the purpose of this section 11 obstruct 11
means to interfere with or prevent, whether
alone or with others, convenient or reasonable
passage or use.
c. For the purpose of this section "public place'
means in or upon any public highway, street,
alley, walk, parking lot, building, park, or
other. public property, or in or upon those
portions of any private. property upon which
the public has an express or implied license
to enter or remain.
d. For the purpose of this section "legal
privilege" includes, without limitation,
awaiting public transportation in areas
designated therefor and acting in accordance
with a license or permit used by the city for
construction or other work in, over, on, or
under, the public way or place.
e. No person shall be deemed to have violated
this section solely because of a gathering of
persons for the purpose of hearing such person
speak or solely because of being a member of
such a gathering. Such person commits a
violation by refusing to obey a reasonable ·
request or order by a police officer to move:
(1) To prevent obstruction of a public
street, alley, sidewalk, public way,
place, or building, or entrance or
doorway into or out of a building open to
the public, if compliance with that order
at the same time permits the gathering to
continue to satisfy its communicative
purpose; or
58
(2) . To maintain public safety by dispersing
those gathered in dangerous proximity to
a fire or hazard.
Section 110. Chapter 9, Section 4.l(A)(l) of the Code of the
Town of Firestone be and is repealed and re-enacted as
follows:
"9-4.l(A) Ill. Makes an· obscene utterance, gesture
or display".
Section 111. Chapter 9, Section 4.l(A)(3) of the Code of the
Town of Firestone be and is hereby repealed.
Section 112. Chapter 9, Section 4.6 of the Code of the Town
of Firestone be and is hereby repealed.
Section 113.
be and is
subsection:·
9-4.7.
Chapter 9 of the Code of the Town of Firestone
amended by the addition of the following
Fireworks Prohibited.
a. No person shall take or carry any fireworks
into any park, parkway, recreation area or
open space or fire or explode any fireworks on
any public or private property except after
obtaining a permit for the supervised public
display of fireworks from the Town Clerk.
b. For the purposes of this subsection, the term
"fireworks" means any article, device, or
substance prepared for the primary purpose of
producing a visual or auditory sensation by
combustion, explosion, deflagration, or
detonation including without limitation the
following articles and devices: toy cannons
or toy canes in which explosives are
used,blank cartridges, firecrackers,
torpedoes, skyrockets, rockets, Roman candles,
dayglow bombs, aerial shells, trick matches,
torches, fountains, or other fireworks of like
construction, and any fireworks containing any
explosive or flammable compound, or any
tablets or other device containing any
explosive substance.
Section 114.' Chapter 9, Section 5.3 of the Code of the Town
of Firestone be and is amended by the deletion of the words
"police officer" each time they appear and their replacement
in each instance by the words "marshal!, deputy marshal!, or
59
law enforcement officer".
Section 115. Chapter 9, Section 5.4, Section 5.5 and Section
5.7 of the Code of the Town of Firestone be and are amended
by the deletion of the words ."police officer" each time they
appear, in the title and the body, and their replacement in
each instance by the words "marshal!, deputy marshal!, law
enforcement officer".
Section 116.
be and is
subsections:
9-5.13.
Chapter 9 of the Code of the Town of Firestone
amended by the addition of the following
Refusal to Permit Inspections.
a. No person, knowing that a public servant is
legally authorized to inspect property, shall:
(1) Refuse to produce or· make available the
property for inspection at a reasonable
hour; or
(2) Refuse to permit the inspection at a
reasonable hour if the property is
available for inspection.
b. For purposes of this section, "property" means
any real or personal property, including
without limitation, books, records, and
documents that are owned, possessed, or
otherwise subject to the control of the
defendant. A "legally authorized inspection"
means any lawful search, sampling testing, or
other examination of property, in connection
with the regulation of a specific business or
occupation, that is authorized by an
ordinance, statute, or lawful regulatory
provision regulating such business or
occupation or by a search warrant.
c. A violation of this subsection shall be a
misdemeanor.
9-5.14. Compounding ..
a. No person shall accept or agree to accept any
pecuniary benefit as consideration for:
(1) Refraining from seeking prosecution of a
violator; or
(2) Refraining from reporting to law
60
enforcement authorities the commission or
suspected commission of any violation or
information relating to a violation.
b. It is a specific defense to prosecution under
this section that the benefit received by the
accused did not exceed an amount that the
accused1 reasonably believed to be due as
restitution or indemnification to such accused
for the damage caused by the violation.
9-5.15. Abuse of Public Record.
a. No person shall:
b.
(1) Knowingly make a false entry in or
falsely alter any public record;
( 2) Knowing that such person lacks the
authority to do so, knowingly destroy,
mutilate, conceal, remove, or impair the
availability of any public record; or
( 3) Knowing that such person lacks the
authority to retain the record, refuse to
deliver. up a public record in such
person's possession upon proper request.
of any individual lawfully entitled to
receive such record.
As used
record"
official
received,
agency.
in this section, the term "public
includes without limitation all
books, papers, or records created, ·
or used by or in any city office or
Section 117.
be and is
subsections:
Chapter 9 of the Code of the Town of Firestone
amended by the addition of the following
9-6. 3. Possessing Firearm While Intoxicated. No
person shall possess a firearm while such person's
ability is impaired by intoxicating liquor, as
defined by state law, or a controlled substance, as
defined by· state law. A violation of this
subsection shall be a misdemeanor.
9-6. 4. Furnishing Firearm to Intoxicated Persons
or Minors. No person shall sell, loan, or furnish
any firearm to any person whose ability is impaired
by intoxicating liquor, as defined by state law, or
61
any controlled substance, as defined by state law,
or to any person in a condition of agitation and
excitability, or to any minor under the age of
eighteen years who is not related to the person by
blood, marriage or adoption. A violation of this
subsection shall be a misdemeanor.
9-6. 5. Deadly Weapons in Town Hall or Municipal
Court Prohibited. No person, other than a peace
officer, shall carry, bring, or possess a deadly
weapon in the Town Hall or Municipal Court while
the Town Board or Municipal Court is in session. A
violation of this subsection shall be. a
misdemeanor.
Section 118. Chapter 10, Section 4 of the Code of the Town
of Firestone be and is amended by the deletion from the third
sentence of the words: "At least one (1) regular meeting in
each month and such meetings may beheld consecutively on the
same date" and by their replacement with the words "meetings
from time to time as necessary".
Section 119. · Chapter 10, Section 5 of the Code of the Town
of Firestone be and is amended by the addition of the words
"which may be" immediately before the word "appropriated" in
the final sentence: and, further, by the addition of the
words "in its sole discretion" immediately after the word
"provide" in the final sentence.
Section 120. Chapter 10, Section 7 of the Code of the Town
of Firestone be and is amended by the deletion from the first
sentence of the words "make and adopt" and their replacement
by the words "propose and recommend to the Board of
Trustees".
Section 121. Chapter 10, Section 32 (PP) of the Code of the
Town of Firestone be and is amended by the substitution of
the word "autism" for the word "antism".
Section 122.
of Firestone
sentence and
Chapter 10, Section 34 of the Code of the Town
be and is amended by the deletion of the first
its substitution by the following language:
zoning
Town of
Hall and
time by
"A map indicating the boundaries, and
classifications and districts, of the
Firestone, shall be kept at the Town
maintained and amended from time to
direction of the Board of Trustees".
Section 123. Chapter 10, Section 36.l(F) of the Code of the
Town of Firestone be and is amended by the inclusion, after
the word "maintained", of a comma and the words "according to
62
applicable Town ordinances".
Section 124.
the Town of
the words:
this Code,
residence".
Chapter 10, Section 36.l(A)(7) of the Code of
Firestone be and is amended by the addition of
"A hom·e occupation is defined for the purpose of
as an occupation or profession conducted in a
Section 125. Chapter 10, Section 38(F)(J) of the Code of the
Town of Firestone be and is repealed and re-enacted as
follows:
10-JS(Fl(J). On corner lots: No fence, wall,
shrubbery, sign other than traffic control signs
erected by the Town, County or State, or structure
shall be erected, placed, planted or allowed to
grow or maintained within the triangular space
formed by the intersection of the center lines of
the intersecting streets and a line joining points
on said street lines sixty (60) feet from the point
of intersection of the street center lines.
Section 126. Chapter 10, Section 41 of the Code of the Town
of Firestone be and is amended by the deletion of its second
sentence and its replacement by the following: "Said Board
shall review and decide appeals, at the request of any
interested person, of any order, requirement or
interpretation made by a Town official regarding permitted
uses of land; and further, hear and decide to grant or deny
applications for variances from Town land use requirements;
and further, hear and decide such other matters as the Town
Board may provide by ordinance.
Section 127. Chapter 10, Section 42 of the Code of the Town
of Firestone be and is amended as follows:
The words "After such time as the Board of Trustees
of the Town of Firestone, Colorado, has adopted by
ordinance a Building Code, it" are deleted and
replaced with the word "It". The words "such
Zoning Commission, and such Zoning Commission" are I
deleted and replaced with the words "the Town of f
Firestone, and the Town of Firestone". The final
two words "Zoning Commission" are deleted and
replaced with the words· "Town of Firestone".
Further, the comma and the words "zoning
Commission" in the title of the section are
deleted.
Section 128. Chapter 10, Section 50(E)(8) of the Code of the
Town of Firestone be and is amended by the addition, in the
last sentence of the first paragraph, of the words "on the
63
I
opinion of that member•i after the word. 11 if".
Section 129. Chapter 10, Section 70 of the Code of the Town
of Firestone be and is repealed and re-enacted as follows:
10-70. Annexation Requirements.
a. All annexations to the Town of Firestone shall
meet the requirements of 31-12-101, et seq.
C.R.S.
b. No annexation of land to the Town shall create
an unreasonable burden on the physical,
social, economic, or environmental. resources
of the Town. The Town may condition the
annexation of land upon such terms and
conditions· as are reasonably necessary to
insure that this requirement is met. Such
terms and conditions may include, without
limitation, installation of public facilities
or improvements, dedication of land for public
improvements, payment of fees incidental to
annexation, or covenants governing future land
uses.
c. Owners of land petitioning the Town for
annexation of their property shall enter into
an annexation agreement with the Town stating
any terms and conditions imposed on said
property, prior to the first reading of the
annexation ordinance. Upon annexation, such
agreements shall e recorded to provide notice
to future purchasers of said property. Where
the annexation agreement· provides that the
Town may install public improvements and that
the owners of the annexed property will pay
for. such improvements, the costs of such
improvements constitute an assessment against
the annexed property as they accrue. If,
after notice, any such assessment is not paid
when due, the Town Clerk shall certify the
amount· of the principal, interest, and
penalties due and unpaid, together with ten
percent of the delinquent amount for costs of
collection to the county treasurer to be
assessed and collected in the same manner as
general taxes are assessed and collected.
d. No annexation of land'· to the Town shall occur
for land that has obtained a vested property
right arising under county jurisdiction unless
the land owner thereof waives said right prior
64
to annexation;
Section 130. Chapter 10, Section 71B of the Code of the Town
of Firestone is repealed and re-enacted as follows:
10-71B. Eligibility. Land proposed to be annexed
to the Town must be · eligible for annexation as
required by applicable state and Weld County laws
and statutes of Town Ordinances.
Section 131. Chapter 10, Section 72 of the Code of the Town
of Firestone be and is amended by the deletion of the words
"The Annexation Petition sha·ll" and their replacement by the
words "The Annexation Petition shall, in · addition to the
requirements of applicable State and County law and
statutes".
Section 132. Chapter 10, Section 105 of the Code of the Town
of Firestone be and is amended by the addition of a new
section as follows:
11 10-105.20. Subsidence. Lots subject to
subsidence shall not be platted for occupancy until
adequate provisions are made and approved by the
Town Engineer. Such provisions shall be made to
protect the health, safety and welfare of the
public 'as well as to eliminate any subsidence
hazard resulting from the development of the area".
Section 133. Chapter 10, Section 108 of the Code of the Town
of Firestone be and is repealed and re-enacted as follows:
10-108. Plan or Plat Required. No building permit
shall be issued, no development shall be permitted,
and there shall be no installation of utilities,
streets, curbs or gutters whatsoever unless a
utility and street plan and/or subdivision plat has
been approved by the Board of Trustees and recorded
in the office of the Weld County Clerk and
Recorder.
Section 134. Chapter 10, Section 140(2) (a)(l) of the Code of
the Town of Firestone be and is amended by the addition of
. the words "at least eighteen inches (18")" between the words
"elevated" and "above".
Section 135. Chapter 10, Section 140(2) (b) (4) of the Code of
the Town of Firestone be and is amended by the addition of
the words "at least eighteen inches (18")" between the words
"elevated" and "above".
Section 136. Chapter 10, Section 140(2)(c)(2) of the Code of
65
the Town of Firestone be and is repealed and re-enacted as
follows:
( 2) All manufactured homes or those to be
substantially improved shall be elevated on a
permanent foundation such that the lowest floor of
the manufactured home is at least eighteen inches
(18") above the base flood elevation and is
securely anchored to an adequately anchored
foundation system.
Section 137. Chapter 11, Section 1 of the Code of the Town
of Firestone be and is amended as follows:
In the first sentence, the words "supervisor of
streets" are. deleted and replaced with the words
"Commissioner of Streets" and the words "Charge and
control" are deleted and replaced with the word
"supervision".
Section 138. Chapter 11, Section 4 of the Code of the Town
of Firestone be and is amended by the deletion of the word
"supervisor" and its replacement by the words "Town Clerk".
Section 139. Chapter 11, Section 5 of the Code of the Town
of Firestone.be and is amended as follows:
The word "Supervisor" is deleted and replaced by
the words "Town Clerk"; the words "Town Treasurer"
are deleted and replaced by the words "Town Clerk";
the word "him" in the first sentence is deleted and
replaced by the words "Commissioner of Streets";
the second and third sentences are deleted and
replaced by the following language: "Should the
applicant not properly restore, replace and repair
the excavated area in the sole discretion of the
Commissioner of Streets, the deposit so collected
shall be forfeited to the Town of Firestone for the
purpose of paying for such restoration, replacement
and repair. After the expenses and costs of such
restoration, replacement and repair by the Town
have been determined, any· excess deposit shall be
returned to the applicant. However, any public
utility to which a yearly or specific permit has
been issued pursuant to this Code, in lieu of
making such deposit, shall pay the fees, post the
bonds and provide the securities required by this
Code".
Section 140. Chapter 11, Section 6 of the Code of the Town
of Firestone be and is repealed and .re-enacted as follows:
66
11-6. Permit •. · .Insurance. and Indemnification
Required. Each applicant for a permit for
excavation must 1) have or obtain a Category B
excavating license, as provided for in this Code,
current for all times for which the permit is
sought; or 2) furnish, with his application for an
excavation permit, proof of insurance, current for
all times for which the permit is sought, providing
for the following minimum coverage: Worker's
Compensation insurance, public liability insurance
coverage not less than two hundred fifty thousand
dollars ($250,000.00) for injury or death to one
person, not less than five hundred thousand dollars
($500,000.00) for injury or death to more than one
person in a single accident or event, and public
property damage insurance not less than one hundred
twenty-five thousand dollars ($125,000.00) for
damages to or destruction of property for any one
accident. The applicant must keep current said
license or insurance at all times for which the
permit is issued and must file with the Town Clerk
a certificate signed by a qualified agent of an
insurance company evidencing the existence of valid
and effective policies and Worker's Compensation
and public liability and property damage insurance
as required above naming the Town as an additional
insured, the limits of each policy, the policy
number, the name of the insurer, the effective date
and the expiration date of each policy, and a copy
of a.n endorsement placed on each policy requiring
ten days' notice by mail to the Town Clerk before
the insurer may cancel the policy for any reason.
Nothing in this section shall be construed to be a
waiver of the Town of Firestone, its officers,
employees or agents. · of sovereign immunity.
Further, each applicant must agree to indemnify and
save harmless the Town · of Firestone against and
from any and all damages and claims for damages,
loss, costs, charges or expense that may be brought
against the Town by any person or entity for or on
account of injury to persons or property resulting
from or occasioned by reason of the act, omission
to act or negligence of any person or entity making
such excavation.
Section 141. Chapter 11, Section 7 of the Code of the Town
of Firestone be and is re-enacted as follows:
11-7. Fee For Excavation Permit.
dollars ($50.00) shall be charged
of each excavation permit.
A fee of fifty
for the issuance
•
Section 142. Chapter 11, Section 8 of the Code of the Town
of Firestone be and is amended as follows:
The words · "of One Hundred Dollars ( $100. oo) " are
deleted and replaced by a comma followed • by the
words "the amount of each of which may be set by
. the Board of Trustees from time to time and
specified in written Town policy". The words
"Supervisor of Streets" are deleted each time they
appear and are replaced in each instance by the
words "Commissioner of Streets.".
Section 143. Chapter 11, Section 9 of the Code of the Town
of Firestone be and is repealed and re-enacted as follows:
11-9. Supervision. All excavations for which
permits are issued shall be supervised by the
Commissioner of Streets or other official as may be
designated by the Board of Trustees to insure
compliance with the Code of the Town of Firestone.
Section 144. Chapter 11, Section 11 of the Code of the Town
of Firestone be and is amended by the deletion of the words
"Supervisor of Streets" and their replacement by the words
"Commissioner of Streets". '
Section 145. Chapter 11, Section 13 of the Code of the Town
of Firestone be and is amended by 0 the addition of the words
"trees or shrubs" immediately after the word "automobiles".
Section 146. Chapter 11, Section 15 of the Code of the Town
of Firestone be and is amended by the deletion of the words
"Supervisor of Streetsll and their replacement by the words
"Commissioner of Streets".
Section 147. Chapter 11, Section 16 of the Code of the Town
of Firestone be and is amended by the deletion of the words
"Supervisor of Streets" and their replacement by the words
"Commissioner of Streets".
Section 148 .. Chapter 11, Section 23 of the Code of the Town
of Firestone be and is repealed and re-enacted as follows:
11-23. Permits For Housing Moving. It shall be
unlawful for any person or entity to move any
building over the streets of the Town of Firestone
without first obtaining a permit therefor from the
Town Clerk. Before issuing such a permit, the Town
Clerk shall consult with the Town Engineer or other
official, and may impose such restrictions or
conditions on the permit as may be necessary to
ensure the safety and welfare of people and
68
property in the Town.
Section 149. Chapter 11, Section 28 of the Code of the Town
of Firestone be and is repealed and re-enacted as follows:
11-28. Construction of Curbs. Gutters and
Sidewalks; Permit Required. All curbs, gutters and
sidewalks shall be constructed within ninety (90)
days of the day that construction is commenced of
any building for dwelling or business on any lot,
parcel or tract in the Town, or on any property
immediately adjacent to said lot, parcel or tract.
It . shall be unlawful for· any person to lay out,
construct or reconstruct any curb, gutter or
sidewalk without first obtaining a permit therefor
from the Town.
Section 150. Chapter 11, Section 29 of the Code of the Town
of Firestone be and is amended by the deletion of the words
"Town Engineer" in the first sentence and their replacement
by the words "Town Clerk".
Section 151. Chapter 11, Section 31 of the Code of the Town
of Firestone be and is repealed and re-enacted as follows:
11-31. Duty To Repair. It shall be the joint and
several duty of each person, corporation or entity
owning, occupying or managing any lot, tract or
parcel of land within the Town of Firestone to
maintain and repair, in accordance with the
specifications adopted by the Town Board, all
curbs, gutters and sidewalks immediately in front
of, alongside of, or behind such lot, tract or
parcel.
Section 152. Chapter 11, Section 32 of the. Code of the Town
of Firestone be and is repealed and re-enacted as follows:
11-32. Notice To Repair. The Town shall cause
written notice to be served upon the owner,
occupant or manager of property, the condition of
which violates the ordinance set · forth above, to
comply with the ordinance within thirty (30) days
from service of such notice. Such notice may be
personally served upon such person or entity, or
posted in a conspicuous manner upon the front door
of the building, if any, on ·· such property, or by·
mailing a copy of such notice to the last known
address of such person or entity, or by publication
for two ( 2) times, a week apart in a newspaper
published or distributed in the Town of Firestone.
In the case of posting, service shall be complete
69
three days after the notice is posted. In the case
of mailing, .service shall. be complete three days
after the notice is postmarked. In the case of
publication, service shall be complete on the last
day of publication.
Section 153. Chapter 11, Section 3.3 of the Code of the Town
of Firestone be'and is repealed and re-enacted as follows:
11-33. Town May Repair. In case of the failure of
nay owner, occupant or manager of property who has.
been served notice as set forth above to maintain
or repair the curbs, gutters or sidewalks as set
forth above, within the time and in the manner
prescribed above, the Town Board may order or
appoint a person to maintain or repair such curbs,
gutters or · sidewalks. The person so ordered or
appointed shall· proceed at once to do such
maintenance or repair.
Section 154. Chapter 11 of the Code of
be and is amended to· include the
sections which read as follows in their
the Town of Firestone
following additional
entirety:
11-34. Report of Costs.. The person ordered or
appointed by the Town Board as set forth above,
upon completion of the maintenance or. repairs
specified by the Town Board, shall report in
writing to the Town Board a clear statement of the.
work done by him or his assistants, and the expense
incurred in so doing so that the Town Board may
determine the cost of such work. A separate report
shall be made for each lot, tract or parcel of
land.
11-35. Assess. After considering each report made
as set forth above, the Town Board shall determine
and assess the whole cost for such work.
11-36. Notice of Assessment •. The Town Clerk, as
soon as may be after an assessment is made as set
forth above,shall send · my registered mail with
return receipt requested, addressed to the owners
of such property, the occupant of such property,
and the manager of such property, if any, at the
last known address of .such owner, occupant or
manager, a notice of such assessments, which notice
shall contain a description of the property, the
name of the owner, occupant and manager, and the
amount of the assessment.
11-37. Duty To Pay Assessment. It shall be the
70
joint and several duty of the owner, occupant and
manager, if any, of property ,assessed as set forth
above to pay such assessment or object thereto in
writing within thirty (30) days after the mailing
of the notice of assessment, and in the case of his
failure to so do, each shall' be jointly and
severally liable, personally, for the amount of the
assessment and the same shall be a lien upon the
respective lot, tract or parcel of land from the
tiine of such assessment. The Town shall have all
remedies for collection thereof provided by law,
including but not limited to the right to certify
the assessment to the proper officers of the County
of Weld, State of _ Colorado; for the purpose of
having the same placed upon the tax -list and
collected in the same manner as taxes are collected
at that time. The assessment shall be a lien
against each such respective lot, tract or parcel
of land until paid and shall have priority,over all
other liens except general taxes and prior special
assessments.
11-38. Assessment Paid To Town Clerk. The amount
of such assessment may be paid to the Town Clerk at
any time before the tax list is placed in the hands
of the County Treasurer, but thereafter only to the
County Treasurer.
11-39. Objection To Assessment. In the event any
owner, occupant or manager desires to object to
said assessment, he shall, within thirty (30) days
after the mailing of the notice of assessment, file
a written objection thereto with the Town Clerk,
who shall thereupon designate the next regular
meeting of the Town Board as_ the date when said
objection or objectors may appear and have a
hearing before said Board.
11-35. Certify Assessment. In case the owner
shall fail to pay such assessment or object thereto
within the required time as provided above, then it
shall be the duty of the Town Clerk to certify the
amount of the assessment to the proper County
officers, they to collect the assessment as
provided for by law for the collection of
delinquent general taxes.
11-36. Removal of Snow, It shall be unlawful for
nay owner, occupant or manager of any lot, tract or
parcel of land within the Town, to allow any snow
or ice to accumulate or remain upon any sidewalk
alongside such property longer than twenty-four
71
•
(24) hours from the time of the last accretion of
such snow and ice.
Section 155. Chapter 12, Section 12-4.1 of the Code of the
Town of Firestone be and is amended by the addition of the
following subsection:
J. Section 12-4 of the Model Traffic Code is
amended by the deletion of the language 11 2:00 a.m. ·
and 5: 00 a. m. of any day" and its replacement by
the language 11 10:00 p.m. of any day and 7:00 a.m.
of the next following day",. ,
Section 156. Chapter 12, Section 26-13 of the Code of the
Town of Firestone be and is amended as follows:
The words "except for local deliveries" are added
immediately before the words "no person".
Section 157. Chapter 13, Section 1 of the Code of the Town
of Firestone be and is amended as follows:
The word "Works" in the title is deleted. The word
"works" in the first sentence is deleted •.
Section 158. Chapter 13, Section 2 of the Code of the Town
of Firestone.be and is amended as follows:
The words "Water Supervisor" in .. the title are
deleted and replaced with the words "Commissioner
of Water". The words · ''Water Supervisor" in the
first sentence are deleted and replaced with the
words "Commissioner of wa:ter 11 ·•
Section 159. Chapter 13, Section 3 of the Code of the Town
of Firestone.be and is amended as follows:
The words "Water Supervisor" are deleted and
replaced with the words "Commissioner of Water".
Section 160. Chapter 13, Section 4 of the Code of the Town
of Firestone be and is amended as follows:
The words "Water Supervisor" in the title are
deleted and replaced with the words "Commissioner
of Water". In the first sentence, the words "Water
Supervisor" are deleted and replaced with the words
"Commissioner of Water, the Town Clerk, or the
person designated by the,Board.of Trustees".
Section 161. Chapter 13, Section 5 of the Code of the Town
of Firestone.be and is amended as follows:
72
•
The words •iwater Supervisor, or Town Clerk" are
deleted and replaced by the words "Commissioner of
Water".
Section 162. Chapter 13, Section 7 of the Code of the Town
of Firestone be and is repealed and re-enacted as follows:
13-7. No Damages For Failure To Supply. Neither
the Town of Firestone, nor any officer, employee or
agent of the Town of Firestone, shall be liable to
any person or entity, including but not limited to
any consumer. of water or any beneficiary of water,
by reason of provision of such water or the failure
of such supply by the Town of Firestone, or
accident to the water system, or any damage.
proximate, consequential or remote by reason of the
water system or its components.
Section 163. Chapter 13, Section 8 of the Code of the Town
of Firestone be and is amended as follows:
In the second sentence the semi-colon and the comma
are deleted. A third sentence is added that reads
in its entirety: "Neither the Town of Firestone,
nor any officer, employee or agent of the Town of
Firestone shall be liable to any person or entity,
including but not limited to, any consumer of water
or any beneficiary of water, for any interruption
of water supply".
Section 164. Chapter 13; Section 10 of the Code of the Town
of Firestone be and is amended as follows:
The words "The Board of Trustees shall have the
power and authority to change or revise said rates
and charges" are deleted and replaced with the
words "The Board of Trustees shall have the power
and authority to make,change or revise rates and
charges for the use of water".
Section 165. Chapter 13, Section 57B of the Code of the Town
of Firestone be and is amended by the deletion of the word
"Third" immediately before the word "close", and by the
addition of the words "the third" immediately before the word
"business", and by the addition of the word "day" immediately
after the word "business" in the next to last sentence in 13-'-
57(B).
Section 166. Chapter 14, Section 1 of the Code of the Town
of Firestone be and is amended by the deletion of the words
"firm, or corporation".
73
i
. I
•
Section 167. Chapter 14, Section 2 of the Code of the Town
of Firestone be and is amended as follows:
The words "either" and "or permit to be performed"
are deleted.
Section 168. Chapter 14, Section 2D of the Code of the Town
of Firestone be and is repealed and re-enacted as follows:
D. "Disturb the peace,or use any obscene language
or fighting·words".
Section 169. Chapter 14, Section 10 of the Code of the Town
of Firestone be and is amended by changing its designation to
Section 11 and by the deletion of the word "therein" and its
replacement by the words "conspicuously, in public view, at
each said address".
Section 170. Ordinance 208, Section 2H of the Code of the
Town of Firestone be and is amended by the addition of the
following language at end of the chart contained therein:
Grant
4th Street
South side from west boundary of
Firestone to west side of 4th street.
West side from Granville to Grant.
Section 171. Ordinance 222 . of the Code of the Town of
Firestone be and is hereby repealed.
Section. 172. Ordinance 230, Section 1, of the Town of
Firestone be and is amended by deletion of the words
"Paragraph C" and their replacement by the words "Paragraph
B" and further amended by the deletion of the paragraph
heading capital letter "C" · and its replacement by the
paragraph heading capital letter "B". Paragraph C of Section
11 of Chapter 13 shall read as it did before the adoption of
Ordinance 230. '
Section 173. Repeal shall not revive any ordinances. The
repeal of an ordinance herein shall not repeal the repealing
clause of such ordinance or revive any ordinance which has
been repealed thereby.
Section 174. Effect of repeal on past actions and
obligations. The repeal hereby of any ordinance or part or
portion of any ordinance of the Town shall not in any manner
affect the prosecution and punishment for violations of
ordinances, which violations were committed prior to the
effective date hereof, nor affect any right which has accrued
nor any suit, action, or proceeding commenced under or by
74
•
•
virtue of the ordinances or portions repealed, nor be
construed as a waiver of any license, fee, or penalty at said
effective date due and unpaid under such ordinances, nor be
construed as affecting any of the provisions of such
ordinances relating to the collection of any such license,
fee, or penalty, or the penal provisions applicable to any
violation thereof, nor to affect the validity of any bond or
cash deposit in lieu thereof required to be posted, filed or
deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full
force and effect.
Any such ordinance or section of an ordinance so repealed,
amended, revised,or consolidated shall remain in full force
and effect for the purpose of sustaining all actions, suits,
proceedings, and prosecutions brought thereunder that arose
before the effective date of the repeal, amendment, revision,
or consolidation. An administrative order that is stayed by
administrative or judicial appeal shall be deemed to be an
"action" brought under the code within the meaning of this
subsection.
Section 175. The sections of this Ordinance are hereby
declared to be severable, and if any section, provision, or
part thereof shall be held unconstitutional or invalid, the
remainder of this Ordinance shall continue in full force and
effect, it being the legislative intent that this Ordinance
would· have been adopted even if such unconstitutional or
invalid matter had not been included therein. It is further
declared that if any provision or part of this section, or
the application thereof of any person, or circumstances, is
held invalid, the remainder of this Ordinance and the
application thereof to other persons shall not be effected
thereby.
Section 176. In the opinion of the Board of Trustees of the
Town of Firestone, Weld County, Colorado, this Ordinance is
necessary for the immediate protection and preservation of
the public health, safety, convenience, and general welfare,
and it is enacted for that purpose and shall be in full force
and effect after passage and final publication.
Approved, adopted and ordered· published by the Board of
Trustees o!.J:he Town *restone, County of Weld, Colorado,
on the aY day of ~-&.--t./' , 1988. : ....
75
ATTEST:
Town Clerk
76 ·
·//-9"! ORDINANCE NO. Cf._ 9{!_
AN ORDINANCE REPEALING OBSOLETE, SUPERSEDED OR
UNCONSTITUTIONAL
OF FIRESTONE.
ORDINANCES AND PORTIONS THEREOF FOR THE TOWN
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF .. THE TOWN OF
FIRESTONE, COUNTY OF WELD, STATE OF COLORADO:
Section 1. The following
ordinances.of the Code of the
and are hereby repealed:
ordinances and sections of
Town of Firestone, Colorado be
Chapter 3, Sections 60 through 75 inclusive.
Chapter 3, Sections 250 through 252 inclusive.
Section 2. · . Repeal shall not revive any ordinances. The
repeal of an ordinance herein shall not repeal the repealing
clause of such ordinance or revive any ordinance which has
been repealed thereby.
Section 3. Effect of repeal on past actions and obligations.
The repeal hereby of any ordinance or part or portion of any
ordinance of the Town shall not in any manner affect the
prosecution and . punishment for violations of. ordinances,
which violations were committed .prior to the effective date
hereof, nor affect any right which has accrued nor any suit,
action, or .proceeding commenced. under or by virtue of the
ordinances or· portions repealed, nor be construed as·. a waiver
of any license, fee, or penalty at said effective date· due
and unpaid under such ordinances, nor be construed as
affecting any of the provisions of such ordinances relating
to the collection of any such license, fee, or penalty, or
the penal provisions applicable to any violation thereof, nor
to affect the validity of any bond or cash deposit in lieu
thereof required to be posted, filed or deposited pursuant to
any ordinance and all rights . and obligations thereunder
appertaining shall continue in full force and effect.
Any such ordinance or section of an ordinance so repealed,
amended, revised,or consolidated shall remain in full force
and effect for the purpose of sustaining all actions, suits,
proceedings, and prosecutions brought thereunder that arose
before the effective date of the repeal, amendment, revision,
or consolidation. An administrative order that is stayed by
administrative or judicial appeal shall be deemed to be an
"action" brought under the code within the meaning of this
subsection.
I
Section 4. The sections of this Ordinance are hereby
declared to be severable, and if any section, provision, ·or
part thereof shall be held unconstitutional or invalid, the
remainder of this Ordinance shall continue in full force and
effect, it being the legislative intent that this Ordinance
would have been adopted even if such unconstitutional or
invalid matter had not been included therein. It is further
declared that if any provision or part of this section, or
the application thereof of any person, or circumstances, is
held invalid, the remainder of this Ordinance and the
application thereof to other persons shall not 'be effected
thereby.
Section 5. In the opinion of the Board of Trustees of the
Town of Firestone, Weld County, Colorado, .this Ordinance is
necessary for the immediate protection and preservation of.
the public health, safety, convenience, and general welfare,
and it' is enacted for that purpose and shall be in full force
and effect after passage and final publication.
Approved, adopted and ordered published by the Board of
Trustees of the ·Town o£J:re~tone, County of Weld,. Colorado,
on the JP day of ~-<d , 1988.
Mayor
ATTEST:.
Town Clerk
ORDINANCE NO.
TOWN OF FIRESTONE, COLORADO
AN ORDINANCE APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING
AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW, FOR THE
TOWN OF FIRESTONE, COLORADO, FOR THE 1989 BUDGET YEAR.
WHEREAS, the Board of Trustees has adopted the annual budget in accordance
with the Local Government .Budget Law, on November 10, 1988, and;
WHEREAS, the Board of Trustees has made provision therein for revenues in
an amount equal to or greater than the total proposed expenditures as set
forth in said budget, and;
WHEREAS, it is not only required by law, but also necessary to appropriate
the revenues provided in the budget to and for the purposes described
below, so as not to impair the operation of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF.TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. That the following sums are hereby appropriated from the
revenues of each fund, to each fund, for the purposes stated:
· Genera 1 Fund
Total General Fund
Revenue Sharing Trust Fund
Total Revenue Sharing Trust Fund
Park Fund
Total Park Fund
Debt Service Fund
Debt Service
Total Debt Service Fund
Police Pension Fund
Total Police Pension Fund
Conservation Trust Fund
Total Conservation Trust.Fund
Street and Highway Fund
Total Street and Highway Fund
Water Fund
Total Water Fund
$
$204,721
$
$
$
$12,000
$ 3,675
$ 53,051
$203,950
-33-
APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE.BOARD OF TRUSTEES
OF THE TOWN OF FIRESTONE, COLORADO, THIS TENTH DAY OF NOVEMBER, 1988.
TOWN OF FIRESTONE, COLORADO
ATTEST:
-34-
.. ,-.,,.
... ,.
. ;~. · .. ;
.. -,, ::1.
·;-~-,,-.,.
····~:~ ... ~{
. . ":•,_·::~~t
ORDINANCE NO.
AN ORDINANCE REPEALING AND AMENDING OBSOLETE, SUPERSEDED OR
UNCONSTITUTIONAL ORDINANCES AND PORTIONS THEREOF THE FOR THE TOWN
OF FIRESTONE, COLORADO.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COUNTY OF WELD, STATE OF COLORADO:
Section 1. Chapter 11, Section 33 of the Code of the Town of
Firestone be and is amended by the deletion of the words and
numbers "twenty four (24)" and their substitution with the words
and numbers "forty-eight (48)."
Section 2. Chapter 9, Section 2. 2 .1
Firestone be and is amended by the
"Damaging Property of Another" in
"Criminal Mischief."
of the Code of the Town of
substitution of the words
its title with the words
,
Section 3. Chapter 9, Section 9-1.2 of the Code of the Town of
Firestone be and is repealed and re-enacted as follows:
9-1. 2 Matters of Local and. Mixed Concern. Those ordinances and
provisions of this. Chapter that deal with matters of "local"
concern supercede the laws of the State of Colorado to the extent
that they conflict and those ordinances and provisions that deal
with matters of "mixed" concern apply concurrently with the laws
of the State of Colorado. No provision of this Chapter on a matter
of "mixed" concern is to be construed expressly or by implication
to permit conduct that is illegal under the laws of the State of
Colorado or to prohibit conduct that is expressly permitted by the
laws of the State. The provisions of this Chapter are to be
construed to apply to misdemeanors and other minor and petty
offenses only and are not to be interpreted to apply to conduct
that is defined as a felony under the laws of the state of
Colorado.
Section 4.
Firestone be
subsection:
Chapter 9, Part II, of the Code of the Town of
and is amended by the addition of the following
9-2. 8 Theft Under Three Hundred Dollars. No person, shall
knowingly obtain or exercise control over anything of value of
three hundred dollars or less, of another, without authorization,
or by threat or deception, and:
a. Intend to deprive the other person permanently of the use
or benefit of the thing of value; or
1
-... .., ,..,.,
b. Knowingly use, conceal, or abandon the thing of value in
such manner as to deprive the other person permanently of its use
or benefit; or
c. Use, conceal, or abandon the thing of value intending
that such use, concealment, or abandonment will deprive the other
person permanently of its use and benefit; or
d. Demand any consideration to which he is not legally
entitled as a condition of restoring the thing of value to the
other person.
A violation of this subsection shall be a misdemeanor.
Section 5. Repeal shall not revive any ordinances. The repeal
of an ordinance herein shall not repeal the repealing clause of
such ordinance or revive any ordinance which has been repealed
thereby.
Section 6. Effect of repeal on past actions and obligations.
The repeal hereby of any ordinance or part or portion .of any
ordinance of the Town shall not in any manner affect the
prosecution and punishment for violations of ordinances, which
violations were committed prior to the effective date hereof, nor
affect any right which has accrued nor any suit, action, or
proceeding commenced under or by virtue of the ordinances or
portions repealed, nor be construed as a waiver of any license,
fee, or penalty at said effective date due and unpaid under such
ordinances, nor be construed as affecting any of the provisions of
such ordinances relating to the collection of any such license,
fee, or penalty, or the penal provisions applicable to any
violation thereof, nor to affect the validity of any bond or cash
deposit in lieu thereof required to be posted, filed or deposited
pursuant to any ordinance and all rights and obligations thereunder
appertaining shall continue in full force and effect.
Any such ordinance or section of an ordinance so repealed, amended,
revised, or consolidated shall remain in full force and effect for
the purpose of sustaining all actions, suits, proceedings, and
prosecutions brought thereunder that arose before the effective
date of the repeal, amendment, revision or consolidation. An
administrative order shall be deemed to be an "action" brought
under the code within the meaning of this subsection.
Section 7. The sections of this Ordinance are hereby declared to
be severable, and if any section, provisions, or part thereof shall
be held unconstitutional or invalid,., the remainder of this
Ordinance shall continue in full force and effect, it being the
legislative intent that this Ordinance would have been adopted even
if such unconstitutional or invalid matter had not been •included
therein. It is further declared that if any provision or-part of
this section, or the· application thereof of any person, or
\
2
circumstances, is held fnvalid, the remainder of this Ordinance and
. the application thereof to other persons shall not be effected
thereby. ·
Section 8. In the opinion of the Board of Trustees of the Town of
Firestone, Weld County, Colorado, this Ordinance is necessary for
the'immediate protection and preservation of the public health,
safety, convenience, and general welfare, and it is enacted for
that purpose and shal_l be in full force and effect after passage
and final publication.
Approved, adopted and ordered published by the Board of Trustees
oft~~ Town of Fire~tone, county of Weld, state of Colorado, on the
f"'tt1 day of 7~uy . , 1989.
Mayor ·
3
.... ··"• . ., ..
ORDINANCE NO.
AN ORDINANCE REPEALING AND AMENDING OBSOLETE, SUPERSEDED OR
UNCONSTITUTIONAL ORDINANCES AND PORTIONS THEREOF FOR THE TOWN OF
FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COUNTY OF WELD, STATE OF COLORADO:
Section 1. Chapter 1, Section 34 (a) (1) of the Code of the Town
of Firestone be and is repealed and re-enacted as follows:
(1) The Marshal and Deputy Marshals shall perform urider the
direction of the Commissioner of Law Enforcement. The Marshal
shall be an officer of the Town. The Marshal and Deputy
Marshals shall have all powers that Marshals have by Colorado
State Statutes, including but not limited to the same power
that Sheriffs have by law, co-extensive with the County of
Weld in cases of violation of Town ordinances, for offenses
committed within the limits of the Town. The Marshal and
Deputy Marshals shall execute all writs and processes directed
to him by the municipal judge in any case arising under a Town
ordinance and receive the same fees for his services that
Sheriffs are allowed in similar cases.
Section 2. Chapter 1, Part V of the Code of Firestone, be and is
amended by the addition of the following Sections:
Section 1-38. Police Department Created -Control of
Officers. The Town shall have a paid Police Department
consisting of a Chief of Police and such number of policemen
as in the judgment of the Board of Trustees may.be necessary
to the peace and good order of the Town. The members of the
Police Department shall be determined by the Board of
Trustees, shall be subject to the control and orders of the
Mayor, who shall be the Commissioner of Law Enforcement, and
may be removed pursuant to the personnel policies of the Town
. of Firestone.
Section 1-39. Chief of Police -Duties. The Chief of Police
shall be the head of the Police Department. He shall have all
1
powers and obligations that the Town Marshal has pursuant to
Colorado State Statutes and Town Ordinances.
Section 1-40. Duties of Policemen. Each policeman of the
Town of Firestone shall have all the powers and obligations
that a Deputy Marshal of the Town has pursuant to Colorado
State Statutes and Town Ordinances.
Section 3. Repeal shall not revive any ordinances. The repeal of
an ordinance herein shall not repeal the repealing clause of such
ordinance or revive any ordinance which has been repealed thereby.
Section 4. Effect of repeal on past actions and obligations. The
repeal hereby of any ordinance or part or portion of any ordinance
of the Town shall not in any manner affect the prosecution and
punishment for violations of ordinances, which violations were
committed prior to the effective date hereof, nor affect any right
which has accrued nor any suit, action, or proceeding commenced
under or by virtue of the ordinances or portions repealed, nor be
construed as a waiver of any license, fee, or penalty at said
effective date due and unpaid under such ordinances, nor be
construed as affecting any of the provisions of such ordinances
relating to the collection of any such license, fee, or penalty,
or the penal provisions applicable to any violation thereof, nor
to affect the validity of any bond or cash deposit in lieu thereof
required to be posted, filed or deposited pursuant to any ordinance
and all rights and obligations thereunder appertaining shall
continue in full force and effect.
Any such ordinance or section of an ordinance so repealed, amended,
revised, or consolidated shall remain in full force and effect for
the purpose of sustaining all actions, suits, proceedings, and
prosecutions brought thereunder that arose before the effective
date of the repeal, amendment, revision, or consolidation. An
administrative order that is stayed by administrative or judicial
appeal shall be deemed to be an "action" brought under the code
within the meaning of this subsection.
Section 5. The sections of this Ordinance are hereby declared to
be severable, and if any section, provision, or part thereof shall
be held unconstitutional or invalid, the remainder of this
Ordinance shall continue in full force and effect, it being the
legislative intent that this Ordinance would have been adopted even
if such unconstitutional or invalid matter had not been included
therein. It is further declared that if any provision or part of
this section, or the application thereof of any person, or
circumstances, is held invalid, the remainder of this Ordinance
and the application thereof to other persons shall not be effected
thereby.
Section 6. In the opinion of the Board of Trustees of the Town of
Firestone, Weld County, Colorado, this Ordinance is necessary for
2
•
the immediate protection and preservation of the public health,
safety, convenience, and general welfare,. and it is enacted for
that purpose and shall be in full force and effect after passage
and final publication.
Approved, adopted and ordered published by the Board of Trustees
of the Town of Firestone, County of Weld, Colorado on the d.J
day of r$uftee, '/ · , 1989;
Mayor
ATTEST:
Town Clerk
'
3
r
ORDINANCE NO. _~_5_() ___ _
AN ORDINANCE PROHIBITING DISTURBANCE OR BREACH OF THE PEACE
BE IT ORDAINED BY THE TRUSTEES OF THE TOWN OF FIRESTONE, COUNTY OF
WELD, STATE OF COLORADO:
Section 1. Chapter 9 of the Ordinances of the Town of Firestone
be and is amended to include the following additional section which
reads as follows in its entirety:
9-47. Disturbance, Breach of Peace.
It is unlawful for any person to make, countenance or
assist in the making of undue or unnecessary noise,
disturbance or breach of peace, on public or private
property. A violation of this subsection shall be a
misdemeanor.
Section 2. All Ordinances, Resolutions and Motions of the Board
of Trustees of the Town of Firestone or parts thereof, in conflict
with the provisions of this Ordinance, are to the extent of such
conflict hereby superseded and repealed.
Section 3. The sections of this Ordinance are hereby declared to
be severable, and if any section, provision, or part thereof shall
be held unconstitutional or invalid, the remainder of this
Ordinance" shall continue in full force and effect, it being the
legislative intent that this Ordinance would have been adopted even
if such unconstitutional or invalid matter had not been included
therein. It is further declared that if any provision or part of
this section, or the application thereof of any person, or
circumstances, is held invalid, the remainder of this Ordinance and
the application thereof to other persons shall not be effected
thereby.
In the opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance is necessary for the
immediate protection and preservation of the public health, safety,
convenience, and general welfare, and it is enacted for that
purpose and shall be in full force and effect after passage and
final publication •
•
r, .•
t. . •
Approved, adopted, and ordered published by t~e ~~rd of Trustees
of the Town of Firestone on the I:)_ day of ~th?, , 1989.
MAYOR
ATTEST:
ORDINANCE NO. 251
AN ORDINANCE AMENDING ORDINANCES AND PORTIONS
THEREOF OF THE TOWN OF FIRESTONE
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COUNTY OF WELD, STATE OF COLORADO:
Section 1. Chapter 1, Section 19 of the Code of the Town of
Firestone is amended as follows:
a. In the last sentence, the words "or to issue a
summons to" are added between the words "warrant" and
"any";
b. In the last sentence, the words "and take them
before the municipal judge" are deleted.
Section.2. Chapter 1, Section 34(d) (4)(c) be and is repealed and
re-enacted as follows:
(d) (4) (c) Upon consummation of the sale of the lost,
abandoned, or recovered stolen property, article of
personal property sold, collect the appropriate amount
paid therefor, and issue a receipt for said property.
Upon, exhibiting the receipt to the marshal, the purchaser
shall be entitled to possession of the article so
purchased;
Section 3. Chapter 1, Section 34 of the Code of the Town of
Firestone be and is amended by the substitution of the words "town
clerk" for the word "manager" each place it appears.
Section 4. Chapter 6, Sections 28, 29, 30, 31 and 32, be and are
amended by the substitution of the words "sales tax" for the word
"retail" in the title of each Section, and by the addition of the
words "sales tax" before the words "licence," "licenses," or
"licensee" each time they appear in the body of each section.
Section 5. Chapter 6, Section 33 be and is amended by the addition
of the words "sales tax" immediately before the word "license."
1
Section 6. Chapter 4, Section 18 be and is amended by the addition
of the following sentence as its last sentence:
The Board of Trustees may waive the requirements of said
licensee's fees.
Section 7. Chapter 4, Section 24(d) (4) be and is amended by the
addition of the following sentence after the current second
sentence:
The Board of Trustees may direct the Clerk to waive the
requirement of a deposit.
Section 8. Chapter 9, Section 2 .1. 4 be and is amended by the
substitution of the word "one" for the words "four hundred forty."
Section 9. Chapter 9, Section 4. 5 be and is amended · by "'the
deletion of the words "deviate" and "with one or more persons."
Section 10. Chapter 9, Section 8. 4 ( 1) be and is repealed and
amended as follows:
"Open containers" means any open container including but
not limited to a container having the seal of the
original cap, tab, pull top, lid or tax stamp broken or
removed'.·
Section 11. Chapter 9, Sections 5.9 and 5.10 be and are amended
by the substitution of the words "a marshal, deputy marshal, police
officer or law enforcement official" for the words "the Firestone
Marshal or Deputy."
Section 12. Chapter 9, Section 6.l(B) (3) be and is repealed and
re-en.acted as follows:
A person who, prior to the time of carrying a concealed
weapon, has been issued a written permit pursuant to
Colorado State Statute to carry a concealed weapon, and
such permit is valid at the time of the carrying of the
concealed weapon; or
Section 13. Repeal Shall Not Revive Anv Ordinances. The repeal
of an ordinance herein shall not repeal the repealing clause of
such ordinance or revive any ordinance which has been repealed
thereby.
Section 14. Effect Of Repeal On Past Actions And Obligations. The
repeal hereby of any ordinance or part or portion of any ordinance
of .the Town shall not in any manner affect the prosecution and
punishment for violations of ordinances, which violations were
committed prior to the effective date hereof, nor affect any right
which has accrued nor any suit, action, or proceeding commenced
2
under or by virtue of the ordinances or portions repealed, nor be
construed as a waiver of any license, fee, or penalty at said
. effective date due and unpaid under such ordinances, nor be
construed as affecting any of the provisions of such ordinances
relating to the collection of any such license, fee, or penalty,
or the penal provisions applicable to any violation thereof, nor
to affect the validity of any bond or cash deposit in lieu thereof
required to be posted, filed or deposited pursuant to any ordinance
and all rights and obligations thereunder appertaining shall
continue in full force and effect.
Any such ordinance or section of an ordinance so repealed, amended,
revised, or consolidated shall remain in full force and effect for
the purpose of sustaining all actions, suits, proceedings, and
prosecutions brought thereunder that arose before the effective
date of the repeal, amendment, revision, or consolidation. , An
administrative order that is stayed by administrative or judi~lal
appeal shall be deemed to be an "action" brought under the code
within the meaning of this subsection.
Section 15. The sections of this Ordinance are hereby declared to
be severable, and if any section, provision, or part thereof shall
be held unconstitutional or invalid, the remainder of this
Ordinance shall continue in full force and effect, it being the
legislative intent that this Ordinance would have been adopted even
if such unconstitutional or invalid matter had not bee included
therein. It is further declared that if any provision or part of
this section, or the application thereof of any person, or
circumstances, is held invalid, the remainder of this Ordinance and
the application thereof to other persons shall not be effected
thereby.
Section 16. In the opfnion of the Board of Trustees·of the Town
of Firestone, Weld County, Colorado, this Ordinance is necessary
for the immediate protection and preservation of the public health,
safety, convenience, and general welfare, and it is enacted for
that purpose and shall be in full force and effect after passage
and final publication.
Approved, adopted and ordered published by the Board of Trustee~
of the Townrt::cfiarz~ne, County of Weld, Colorado, on the ~/2
day of . UJ , 1989.
1/C¼-£ o__ t/4' ~
MAYOR
ATTEST:
~/~
TOWN CLERK
3
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE ADOPTION
OF THE FIRESTONE MUNICIPAL CODE
BE IT ORDAINED BY THE BOARD OF TRUSTEES, TOWN OF FIRESTONE, WELD
COUNTY, COLORADO:
WHEREAS, the Colorado General Assembly has provided for the
codification and publication of the permanent and general
ordinances of municipalities in Sections 31-16-201 --31-16-208 of
the Colorado Revised Statutes; and
WHEREAS, the Book Publishing Company, Seattle, Washington, has
compiled, edited and published a codification of the permanent and
general ordinances of the Town of Firestone, Colorado; and
WHEREAS, the adopting ordinance and codification of the permanent
and general ordinances of the Town of Firestone, Colorado, and
seco~~ary codes therein adopted by reference were first read on
&'d~ /,% , 1912..._; and
WHEREAS, notice for a public hearing was twice published pursuant
to Section 31-16-203 of the Colorado Revised Statutes; and
WHEREAS, said public hearing was held on <z?'~ '7
19~; and
WHEREAS, there have been filed and there are now on file in the
office of the Town Clerk, for public inspection, three copies of
a document entitled "Firestone Municipal Code."
Section 1. Adoption. Pursuant to the provisions of Sections 31-
16~201 --31-16-208 of the Colorado Revised Statutes, as amended,
there is hereby adopted the "Firestone Municipal Code" as published
by Book Publishing Company, Seattle, Washington.
Section 2. Title--citation--Reference. This code shall be known
as the "Firestone Municipal Code" and it shall be sufficient to
refer to said code as the "Firestone Municipal Code" in any
prosecution for the violation of any provision thereof or in any
proceeding at law or equity. It shall be sufficient to designate
any ordinance adding to, amending, correcting or repealing all or
any portion thereof as an addition to, amendment to, correction or
1
repeal of the "Firestone Municipal Code." Further reference may
be had to the titles, chapters, section or subsection as it appears
in the code.
Section 3. Ordinances Passed Prior To Adoption Of The Code. The
last ordinance included in the original code is Ordinance 249,
passed February 23, 1989. The following ordinances, passed
subsequent to Ordinance 249, but prior to the adoption of this
code, are hereby adopted and made a part of this code: Ordinance
250, passed October 12, 1989; and Ordinance 251, passed October 26,
1989.
Section 4. Codification Authority. This code consists of all the
regulatory and penal ordinances and certain of the administrative
ordinances of the Town of Firestone, Colorado, codified pursuant
to the provisions of Sections 31-16-201 --31-16-208 of the
Colorado Revised statutes.
Section 5. Reference Applies To All Amendments. Whenever a
reference is made to this code as the "Firestone Municipal Code"
or to any portion thereof, or to any ordinance of the Town of
Firestone, Colorado, the reference shall apply to all amendments,
corrections and additions heretofore, now or hereafter made.
Section 6. Title. Chapter And Section Headings. Title, chapter
and section headings contained herein shall not be deemed to
govern, limit, modify or in any manner affect the scope, meaning
or intent of the provisions of any title, chapter or section
hereof.
Section 7. Reference To Specific Ordinances. The provisions of
this code shall not in any manner affect matters of record which
refer to, or are otherwise connected with ordinances which are
therein specifically designated by number or otherwise and which
are included within the code, but such reference shall be construed
to apply to the corresponding provisions contained within the code.
Section 8. Effect Of Code On Past Actions And Obligations.
Neither the adoption of this code nor the repeal or amendments of
any ordinance or part or portion of any ordinance of the Town of
Firestone shall in any manner affect the prosecution for violations
or ordinances, which violations were committed prior to the
effective date hereof, nor be construed as a waiver of any license,
fee or penalty at said effective date due and unpaid under such
ordinances, nor be construed as affecting any of the provisions of
such ordinances relating to the collection of any such license,
fee, or penalty, or the penal provisions applicable to any
violation thereof, nor to affect the validity of any bond or cash
deposit in lieu thereof required to be posted, filed or deposited
pursuant to any ordinance and all rights and obligations thereunder
appertaining shall continue in full force and effect.
2
Section 9. Penalty Sections Of The Code. The following sections
of the code adopted by this ordinance are penalty sections, and
said penalty sections are hereinafter set forth in full and
reenacted according to Section 31-16-204 of the Colorado Revised
Statutes.
1.16.010 General Penalty.
A. No person shall violate any of the provisions
of the ordinances of the town. Except in cases where a
different punishment is prescribed by any ordinance of
the town, any person who shall violate any of the
provisions of the ordinances of the town shall be
punished by a fine of not more than three hundred
dollars, or by imprisonment not to exceed ninety days,
or both such fine and imprisonment.
B. Any person who is alleged to have violated any
provision of the ordinances of the town shall be issued
a summons and complaint charging the nature of the
violation and shall be ordered to appear before the
municipal judge of the town.
c. Each such person shall be guilty of a separate
offense for each and every day during any portion of
which any violation of any provision of the ordinances
of Firestone, Colorado, is committed, continued or
permitted by any such person, and shall be punished
accordingly. (Ordinance 246, Section 26, 1988: Prior
Code Section 1-51.)
2.44.060 Fines And Penalties.
A. The municipal judge may suspend a sentence or
fine and place the violator on probation for a period not
exceeding one year. Cost may be assessed against a
defendant found guilty as provided by law.
B. All fines and costs collected or received by the
municipal court shall be reported and paid monthly to the
Town Treasurer and deposited in the general fund.
3.08.160 Violation--Penalty. Any person, firm or
corporation violating this chapter or any provision of
applicable state law, is guilty of a violation of this
chapter and, upon conviction thereof, shall be punished
by a fine of not more than three hundred dollars, or by
imprisonment for not more than ninety days, or by both
such fine and imprisonment.
8.08.070 Violation--Penalty. It is a violation of
this chapter for any person or legal entity to cause,
3
allow or suffer any dust or dirt particles to escape from
property owned by the person or legal entity in such a
manner as to be determined to any person, or to the
public, or to endanger the health, safety and comfort of
any such person or to cause damage to the property of
another or to create a pollution nuisance.
9. 04. 020 Offenses Defined. "Offense," for purposes
of this code, means a violation of, or conduct defined
by, a provision of this code for which a fine,
imprisonment or both a fine and imprisonment may be
imposed.
9.04.030 Misdemeanor and Petty Offenses--Defined.
For purposes of this code, "misdemeanor" includes those
offenses for which imprisonment may be imposed upon
conviction of a violation. "Petty offense" includes
those offenses for which a fine only may be imposed upon
conviction of a violation.
9. 04. 040 Misdemeanor and Petty Offenses--Penal ties.
The violation of any provision of this title shall be an
offense, either a misdemeanor or petty offense as
specified, and upon conviction shall be punishable as
follows:
A.
hundred
days in
Misdemeanor: By a fine not to exceed three
dollars or by imprisonment not to exceed ninety
jail or by both such fine and imprisonment;
B. Petty Offense: By a fine only not to exceed
three hundred dollars.
10.04.200 Violation--Penalties. Every person
convicted of a violation of any provision of this chapter
shall be punished by a fine not exceeding three hundred
dollars, or by imprisonment not exceeding ninety days,
or by both such fine and imprisonment.
13.16.280 Violation--Penalties. For violation of
any of the following provisions of this chapter,
penalties shall be chargeable to a letter of credit or
other security as follows:
A. For failure to complete CATV system construction
in accordance with the plans as submitted by the
applicant and as required hereunder, unless the Board of
Trustees specifically approves the delay by motion or
resolution, or when the delay is due to occurrence of
conditions beyond the company I s control, the company
shall pay one hundred dollars per day for each day, or
part thereof, the deficiency continues.
4
B. For failure to provide data, documents, reports,
information or to cooperate with town during an
application process for CATV system review, the company
shall pay fifty dollars per day for each day, or part
thereof, that the violation occurs or continues.
C. For failure to test, analyze and report on the
performance of the system following a request pursuant
to this chapter, the company shall pay to the town fifty
dollars per day for each day, or part thereof, that such
noncompliance continues.
D. For failure to pay franchise fee when due
pursuant to Section 13.16.190, the company shall pay one
hundred dollars per day, or part thereof, that the
violation continues.
E. For failure to refund the cash deposit as
required in Section 13 .16. 290 within the specified thirty
days, grantee shall pay one hundred dollars per day, or
part thereof, that the violation continues.
15.32.020 Penalties. The following penalties shall
apply to Section 15.32.010:
A. It is unlawful for any person, partnership,
corporation, or other legal entity to violate any of the
provisions of Section 15.32.010.
B. Every person, partnership, corporation, or other
legal entity convicted of a violation of any provision
stated or adopted by Section 15.32.010 shall be punished
by a fine not exceeding three hundred dollars or by
imprisonment not exceeding ninety days, or by both such
fine and imprisonment.
15.48.250 Violation--Penalty. It is unlawful for
any person to violate or neglect to comply with any
provision hereof irrespective of whether or not the
verbiage of each section hereof contains the specific
language that such violation or neglect is unlawful. Any
person who shall violate any of the provisions of this
chapter, or any of the provisions of a drilling and
operating permit issued pursuant hereto, or any condition
of the bond filed by the permittee pursuant to this part,
or who shall neglect to comply with the terms hereof,
shall be deemed guilty of a misdemeanor and shall, on
conviction thereof, be fined in any sum not less than
twenty-five dollars nor more than three hundred dollars;
and the violation of each separate provision of this
chapter, and of the permit, and of the bond shall be
5
considered a separate offense, and each day's violation
of each separate provisions thereof shall be considered
a separate offense. In addition to the foregoing
penalties, it is further provided that the board of
trustees at any regular or special session or meeting
thereof, may, provided ten days notice has been given to
the permittee that revocation is to be considered at such
meeting, revoke or suspend any permit issued under this
chapter and under which drilling or producing operations
are being conducted in the event the permittee thereof
has violated any provision of the permit, the bond or
this chapter. In the event the permit be revoked, the
permittee may make application to the Board of Trustees
for a reissuance of such permit, and the action of the
Board of Trustees thereon shall be final.
15.52.180 Violation--Penalties. No structure or
land shall hereafter be constructed, located, extended,
converted or altered without full compliance with the
terms of this chapter and other applicable regulations.
Violations of the provisions of this chapter by failure
to comply with any of its requirements (including
violations of conditions and safeguards established in
connection with conditions) shall constitute a violation
of this code. Any person who violates this chapter or
fails to comply with any of its requirements shall upon
conviction thereof be fined not more than three hundred
dollars or imprisoned for not more than ninety days, or
both, for each violation, and in addition shall pay all
costs and expenses involved in the case. Nothing
contained in this chapter shall prevent the town from
taking such other lawful action as is necessary to
prevent or remedy any violation.
17.04.040 Violation--Penalty.
A. Any person or corporation, whether as principal,
agent, employee, or otherwise, who violates any of the
provisions of this title shall be fined. Each day of the
existence of any violation shall be deemed a separate
offense.
B. The erection, construction, enlargement,
conversion, moving or maintenance of any building or
structure and the use of any land or building which is
continued, operate or maintained, contrary to any
provisions of this title, is declared to be a violation
of this title and unlawful. The town attorney shall
immediately, upon any such violation having been called
to his attention, institute injunction, abatement, or any
other appropriate action to prevent, enjoin abate or
remove such violation. Such action may also be
6
instituted by any property owner who may be especially
damaged by any violations of this title.
Section 10. Effective Date. This code shall become effective on
the date the ordinance adopting this code as the "Firestone
Municipal Code" shall become effective.
Section 11. Constitutionality. If any section, subsection,
sentence, clause or phrase of this code is for any reason held to
be invalid or unconstitutional, such decision shall not affect the
validity of the remaining portions of this code. The council
hereby declares that it would have passed this code, and each
section, subsection, sentence, clause and phrase thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases had been declared
invalid or unconstitutional, then the original ordinance or
ordinances shall be in full force and effect.
Section 12. Enactment Authority. The Board of Trustees, Town of
Firestone, Weld County, Colorado, finds, determines and declares
that this ordinance is necessary for the general health, safety and
welfare of the community.
Approved, adopted and ordered publip~~d by the Board of Trustees
of the Town of Firestone on the _!J..!!!j day of ~✓~ ~ ,
1989.
ATTEST:
~d~
TOWN CLERK
7
ORDINANCE NO. 4..fJ
TOWN OF FIRESTONE, COLORADO
AN ORDINANCE APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING
AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW, FOR THE
TOWN OF FIRESTONE, COLORADO, FOR THE 1990 BUDGET YEAR.
WHEREAS, the Board of Trustees has adopted the annual budget in accordance
with the Local Government Budget Law, on November 28, 1989, and;
WHEREAS, the Board of Trustees has made provision therein for revenues in
an amount equal to or greater than the total proposed expenditures as set
forth in said budget, and;
WHEREAS, it is not only required by law, but also necessary to appropriate
the revenues provided in the budget to and for the purposes described
below, so as not to impair the operation of the Town. ·
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. That the following sums are hereby appropriated from the
revenues of each fund, to each fund, for the purposes stated:
General Fund
Total General Fund $214,373
Circuit Rider Fund
Total Circuit Rider Fund $ 31,062
Park Fund
.Total Park Fund
" $
Conservation Trust Fund
Total Conservation Trust Fund $ 3,000
Street and Highway Fund
Total Street and Highway Fund $ 48,329
Water Fund
Total Water Fund $197,733
r
.. ,
APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
OF THE TOWN OF FIRESTONE, COLORADO, THIS TWENTY EIGHTH DAY OF
NOVEMBER, 1989. .. ..
TOWN OF FIRESTONE, COLORADO
Mayor Pro~ -r,.,,_,
ATTEST:
(
ORDINANCE NO. 254
AN ORDINANCE CONCERNING THE POSSESSION OF
MARIJUANA AND DRUG PARAPHERNALIA
WHEREAS, the Board
possession of one ounce or
drug paraphernalia; and
of Trustees wishes to regulate the
less of marijuana and the possession of
WHEREAS, an emergency exists because of the need to implement
such regulation at the earliest possible date;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, COLORADO:
section 1. Title 9 of the Firestone Municipal Code is
amended by the addition of a new Chapter 9.32, to read as follows:
Sections:
9.32.030.
9.32.050.
Chapter 9.32
MISCELLANEOUS' OFFENSES
Possession of marijuana.
Possession of drug paraphernalia.
9.32.030 Possession of marijuana. A. It is an offense to
possess marijuana in an amount of one ounce or less.
B. A violation of this section is a petty offense.
9.32.050 Possession of drug paraphernalia. A. It is an
offense to possess drug paraphernalia under circumstances where the
possessor knows or reasonably should know that the drug
paraphernalia could be used in violation of the laws of Colorado
or the ordinances of the Town.
B. As used in this section, "drug paraphernalia" means all
equipment, products, and materials of any kind which are used,
intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing, injecting,
ingesting, inhaling, or otherwise introducing into the human body
a controlled substance in violation of the laws of Colorado or the
ordinances of the Town. "Drug paraphernalia" includes, but is not
limited to:
1. Testing equipment used, intended for use, or
designed for use in identifying the strength, effectiveness, or
1
purity of controlled substances under circumstances in violation
of the laws of Colorado;
2. Scales and balances used, intended for use, or
designed for use in weighing or measuring controlled substances;
3. Separation gins and sifters used, intended for use,
or designed for use in removing twigs and seeds from or in
otherwise cleaning or refining marijuana;
4. Blenders, bowls, containers, spoons, and mixing
devices used, intended for use, or designed for use in compounding
controlled substances;
5. Capsules, balloons, envelopes, and other containers
used, intended for use, or designed for use in packaging small
quantities of controlled substances;
6. Containers and other objects used, intended for use,
or designed for use in storing or concealing controlled substances;
or
7. Objects used, intended for use, or designed for use
in ingesting, inhaling, or otherwise introducing mariJuana,
cocaine, hashish, or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic,
or ceramic pipes with or without screens, permanent screens,
hashish beads, or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips, meaning objects used to hold
burning material, such as a marijuana cigarette that has. become too
small or too short to be held in the hand;
f. Miniature cocaine spoons or cocaine vials; or
g. Chamber pipes, carburetor pipes, electric
pipes, air-driven pipes, chillums, bongs, or chillers.
C. In determining whether an object is drug paraphernalia,
the following factors, in addition to all other relevant factors,
may be considered:
1. Statements by an owner or by anyone in control of
the object concerning its use;
2
2. The proximity of t!1e object to controlled
substances;
3. The existence of any residue of controlled
substances on the object;
4. Direct or circumstantial evidence of the knowledge
of an owner, or of anyone in control of the object, or evidence
that such person reasonably should know, that it will be delivered
to persons who he knows or reasonably should know, could use the
object to facilitate a violation of the laws of Colorado or the
ordinances of the Town;
5. Instructions, oral or written, provided with the
object concerning its use;
6. Descriptive materials accompanying the object which
explain or depict its use;
7. National or local advertising concerning its use;
8. The manner in which the object is displayed for
sale;
9. Whether the owner, or anyone in control of the
object, is a supplier of like or related items in the community for
legal purposes, such as an authorized distributor or dealer of
tobacco products;
10. The existence and scope of legal uses for the object
in the community; and
11. Expert testimony concerning its use.
D. As used in this section, "controlled substance" means a
drug or other substance or an immediate precursor which is declared
to be a controlled substance under part 3 of article 22 of title
12, Colorado Revised Statutes, as said part existed in Volume 5
(1985 Replacement Volume) of said Statutes and in the 1989
Cumulative Supplement to said Volume of said Statutes.
E. A violation of this section is a petty offense.
Section 2. · If any provision of this ordinance or the
application thereof is held invalid, such invalidity shall not
affect other provisions or applications of this ordinance which can
be given effect without the invalid provision or application, and
to this end the provisions of this ordinance are declared to be
severable.
Section 3. The Board of Trustees herewith finds,
determines, and declares that this ordinance.is necessary to the
3
immediate preservation of the public heal th and safety. This
ordinance shall be effective upon adoption and approval by the
Mayor.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL THIS 14th day of December, 1989.
TOWN OF FIRESTONE, COLORADO
ATTEST:
17/18
4
ORDINANCE NO. 255
AN ORDINANCE CONCERNING BUILDING REGULATION, AND ADOPTING THE
FOLLOWING CODE BY REFERENCE: THE WELD COUNTY BUILDING CODE
ORDINANCE (JANUARY 16, 1989 EDITION)
WHEREAS, the Board of Trustees wishes to adopt the Weld County
Building Code Ordinance (January 16, 1989 Edition); and
WHEREAS, an emergency exists because of the need to have said
Ordinance take effect at the earliest possible date in order to
regulate buildings and other structures within the Town;
NOW, THEREFORE, BE IT ORDAINED BY THE. BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, COLORADO:
section 1. Chapter 15.04 of the Firestone Municipal Code
is hereby repealed and reenacted to read as follows:
Sections:
15.04.030
15.04.050-
15.04.070
15.04.090
15.04.110
15.04.130
15.04.150
Chapter 15.04
BUILDING CODE
Code Adopted; Subject Matter.
Amendments.
Penalty for Violations.
Severability.
Repeal.
Non-liability; Section Headings.
Copies of <;:ode.
15.04.030 Code Adopted; Subject Matter. Pursuant to Title 3;L,
Article 16, Part 2 and ~ection 31-15-601 of the Colorado Revised
Statutes, as amended, lhe Weld County, Colorado Building Code
Ordinance (January 16, 19l)9 Edition) , including any secondary codes
described therein, is hereby adopted by reference, subject to the
amendments herein set foi:th · (•said Code and secondary codes are
hereinafter referred to as thi···nBuilding Code"); except that the
Uniform Housing Code, 1988 E_gition, is not adopted. The Building
Code is published by the County of Weld, Colorado, 915 Tenth
Street, Greeley, Colorado 80632.. The subject matter of the
Building Code concerns the reg_ulation of the construction,
alteration and repair of new· and existing structures along with
all plumbing, mechanical, electrical, and other installations
therein or in connection therewith,-for the purpose of protecting
the public health, safety, and welfare. In case of any conflict
between the Building Code and any other specific provision of the
1
,_ l , ' I
Firestone Municipal Code, the specific provision of the Firestone
Municipal Code shall prevail.
15.04.050 Amendments.
made to the Building Code:
The following amendments are hereby
a. Each reference in the Building Code to "County of Weld"
or "Weld County" is hereby amended to "Town of _Firestone."
b. Each reference in the Building Code to "unincorporated
areas of Weld County" is hereby amended to "incorporated area of
the Town of Firestone."
c. Each reference in the Building Code to "Board of County
Commissioners" is hereby amended to "Board of Trustees of the Town
of Firestone."
d. Each reference in the Building Code to "Department of
Planning Services (Division of Building Inspection) 11 is hereby
amended to "Board of Trustees of the Town of Firestone or its
designated representative."
e. Section 11.4 of the Building Code is hereby repealed and
reenacted to read as follows:
"11.4 Building Official: The Building Official of
the Town of Firestone, Colorado, or his or her
designated representative."
f. Sections 11.2, 11.3, 11.5, 11.7, 11.8, 11.9, 11.10,
11.11, 20.11, 20.12, 30.1.3, 30.1.4, 30.1.12, 92.1.1, and 92.1.2
of the Building Code are hereby repealed.
g. Sections 90. 1 through 90. 7 are hereby repealed and
reenacted to read as follows:
11 90.1 Creation. In order to determine the suitability of
alternate materials and methods of construction, to
provide for reasonable interpretations of the
provisions of this Code, and to hear appeals
provided for hereunder, there is hereby created a
Code Board of Appeals consisting of the members of
the Board of Trustees of the Town of Firestone."
h. Any reference to any function in the Building Code which
is not otherwise provided for herein is hereby amended to provide
for the exercise of such function by the Board of Trustees of the
Town of Firestone or its designated representative.
15.04.070 Penalty for Violation.
for any person to do any act which is
unlawful or declared to be a nuisance
2
a. It shall be unlawful
forbidden or declared to be
or to fail to do or perform
any act required in the Building Code, or for any person to erect,
construct, reconstruct, alter, remodel, use or maintain any
building, structure, or equipment in the Town of Firestone, or
cause to permit the same to be done, contrary to or in violation
of any of the provisions of the Building Code. Maintenance of any
condition which was unlawful at the time it was initiated and
which would be unlawful at the time it was installed after the
effective date hereof shall constitute a continuing violation.
Any person violating any of the provisions of the Building Code
shall be deemed guilty of a misdemeanor, shall be deemed guilty of
a separate offense for each and every day or portion thereof
during which any such violation is committed, continued, or
permitted, and upon conviction of any such violation shall be
punishable by a fine of not more than three hundred dollars
($300.00), or by imprisonment for not more than ninety (90) days,
or by both such fine and imprisonment.
b. In addition to any and all other remedies provided by
law, the Town of Firestone may institute an appropriate action for
injunction, mandamus, or abatement to prevent, enjoin, abate, or
remove any unlawful act, erection, construction, reconstruction,
alteration, remodeling, or use.
c. It shall be unlawful for any person to erect, construct,
reconstruct, alter, remove, or change the use of any building or
other structure within the Town of Firestone without first
obtaining all permits required by the Building Code. No such
permit shall be issued unless the plans for the proposed erection,
construction, reconstruction, alteration, removal, or use fully
conform to the ordinances and other applicable regulations of the
Town.
15.04.090 Severability. If any part or parts of the Building
Code are for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of such Building
Code. The Board of Trustees hereby declares that it would have
passed each part or parts thereof, irrespective of the fact that
any one part or parts be declared invalid.
15.04.110 Repeal. Any or all ordinances or parts of
ordinances of the Town of Firestone, in conflict or inconsistent
herewith are hereby repealed, and specifically, Chapters 15 .12,
15.16, 15.20, 15.24, and 15.28 of the Firestone Municipal Code,
are hereby repealed. However, the repeal of any ordinance or
parts of ordinances of the Town of Firestone shall not revive any
other section of any ordinance or ordinances theretofore repealed
or superseded, and except that such repeal shall not affect or
prevent the prosecution or punishment of any person for any act
done or committed in violation of any ordinance hereby repealed
prior to the effective date of the adoption of the Building Code.
3
ORDINANCE NO. 256
AN ORDINANCE AMENDING THE TRAFFIC CODE
WHEREAS, the Board of Trustees wishes to amend the Traffic
Code to add stop signs at each point of the intersection of Fourth
Street and Grant Avenue; and
WHEREAS, an emergency exists because of the need to facilitate
the control of traffic at said intersection; ·
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:_
Section 1. Section 26-1 of the Model Traffic Code, 1977
Edition, as enacted in Section 10. 04 .130 of the Firestone Municipal
Code, is hereby amended by the addition of the following:
NAME OF STREET
Fourth Street and
Grant Avenue
PORTION AFFECTED
(TERMINAL LIMITS)
Each point of four-way intersection
section 2. The Board of Trustees herewith finds,
determines, and declares that this ordinance is necessary to the
immediate preservation of the public heal th and safety. This
ordinance shall be effective upon adoption and approval by the
Mayor.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL THIS 14th day of December, 1989.
TOWN OF FIRESTONE, COLORADO
ATTEST:
16/137
1
ORDINANCE NO. 258
AN ORDINANCE IMPOSING A SPECIFIC OCCUPATION TAX
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. Article 5 of the Firestone Municipal Code is
amended by the addition of the following new Chapter 5.36, to read:
CHAPrER 5 . 3 6
SPECIFIC OCCUPATION TAX
OIL AND GAS OCCUPATION OR BUSINESS
Sections:
5.36.010
5.36.030
5.36.050
5. 36. 070
5.36.090
Legislative declaration.
Definitions.
Tax levied.
Information and records.
Failure to pay;° enforcement.
Section 5.36.010. Legislative declaration.
the power, under Section 31-15-501(1) (c), C.R.S.,
occupation or business ..
A. The Town has
to tax any lawful
B. The Town wishes to exercise the said taxing power for
the sole purpose of raising revenues by providing ... for. the
imposition, on each person engaged· in the occupation or business
of drilling, operating, producing, or recovering from, any well
located in the Town, of a tax on said occupation or business.
C. Those who are pursuing the said occupation or business
within the limits of the Town are deriving· benefits from the
advantages afforded and services provided by the Town.
D. In adopting this Chapter, the Board of Trustees has
considered the nature of the said occupation or business and the
relation thereof to the Town's welfare and to the expenditures
required of the Town, has considered a proper, just, and equitable
distribution of tax burdens within the Town, and has considered all
other matters proper to be considered in relation thereto.
1
E. The classification of the said occupation or business
is reasonable, proper, uniform, and non-discriminatory.
F. The amount of tax imposed by this Chapter is reasonable,
proper, uniform, and nondiscriminatory, and is necessary for the
just and proper distribution of tax burdens within the Town.
G. The Board of Trustees does not intend, in imposing such
tax, to usurp or interfere with the powers of the State of Colorado
with respect to the regulation of wells, or to address any subject
over which the State of Colorado Oil and Gas Conservation
Commission has regulatory jurisdiction.
H. An emergency exists because of the need to meet the
revenue requirements of the Town.
Section 5.36.030. Definitions. As used in this Chapter, the
following terms shall have the following meanings, unless the
context clearly indicates otherwise:
A. "Well" means any hole or bore to any depth for the purpose
of obtaining any oil, gas, or liquid hydrocarbon, or any derivative
or combination of any of the foregoing.
Section 5.36.050. Tax levied. A. There is hereby levied, on
and against each person engaged, for any period of time during the
year, in the occupation or business of drilling, operating,
producing from, or recovering from, any well located in whole or
in part in the Town, an annual tax on said occupation or business.
The annual amount of tax levied hereby shall be $1000.00 for each
such well drilled or operated by such person, or from which there
is such production or recovery by such person.
B. The tax levied by this Chapter shall be due and payable
on January 1 of each year.
c. Any taxes or additional taxes which become due and
payable as a result of the initial drilling or operation of a well,
or production or recovery from a well, occurring after January 1
of each year, shall be paid within thirty days after such
occurrence.
Section 5.36.070. Information and records. A. Eachperson
who is, or who is believed by the Town Clerk to be, subject to the
provisions of this Chapter, shall provide, at the request of the
Town Clerk, such information as the Town Clerk reasonably requires
to determine the applicability of and compliance with the
provisions of this Chapter.
2
B. The Town, its officers, employees, agents, and
representatives, shall have the right at all reasonable times to
examine the books and records of any person who is, or who is
believed by the Town Clerk to be, subject to the provisions of this
Chapter and to make copies of the contents of such books and
records.
C. If any person who is, or who is believed by the Town
Clerk to be, subject to the provisions of this Chapter neglects or
refuses to provide the information required by this section or to
permit the examination required by this section, the Town Clerk may
make an estimate, based upon such information as may be available
to the Town Clerk, of the amount of taxes, penalties, and interest
due, and .may demand payment, in writing, of such taxes, penalties,
and interest.
Section 5.36.090. Failure to pay; enforcement. A. If any
person fails to pay when due the tax levied by this Chapter, a
penalty of ten percent shall be added to the amount of tax due,
together with interest on the amount due at the rate of one percent
for each month or portion thereof for which the tax is unpaid. The
Town Clerk may, in his or her sole discretion, waive the penalty
for good cause shown.
B. The Town may recover in an action at law the amount of
tax, penalty, and interest due and unpaid under this Chapter, as
well as all costs, including attorney fees, incurred by the Town
in the enforcement of this Chapter.
C. Nothing herein shall be construed to constitute the
regulation by the Town of the businesses or occupations which are
subject to the tax imposed by this Chapter, nor to provide any
remedies for the violation of this Chapter except as specifically
provided in this Chapter.
section 2. It is a violation of this ordinance for any
person to do any act which is forbidden or declared to be unlawful
or declared to be a nuisance or to fail to do or perform any act
required in this ordinance. Such person shall be deemed guilty of
a separate offense for each and every day or portion thereof during
which any violation of any provision of this ordinance is
committed, continued, or permitted. Upon conviction thereof, such
person shall be punishable by a fine of not more than three hundred
dollars ($300.00), by imprisonment for not more than ninety (90)
days, or by both such fine and imprisonment.
Section 3. The Board of · Trustees herewith finds,
determines, and declares that this ordinance is necessary to the
immediate preservation of the public health and safety and that the
3
Board of Trustees has the authority to adopt this ordinance
pursuant to Section 31-15-501(1) (c), C.R.S. This ordinance shall
be effective upon adoption and approval by the Mayor.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL THIS 14th day of ~ecember, 1989.
TOWN OF FIRESTONE, COLORADO
Mayor k-.,;i-,,v
Attest:
16/141:
4
ORDINANCE NO.
AN ORDINANCE AMENDING THE SALARIES OF THE
MUNICIPAL JUDGE AND MUNICIPAL COURT CLERK
WHEREAS, the Board of Trustees wishes to amend the salary of
the municipal judge and of the municipal court clerk;
WHEREAS, the Board of Trustees declares that an emergency
exists because of the need to make the amendments effective January
1, 1990;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Chapter 2.44 of the Firestone Municipal Code is
amended by the addition of the following new Section 2.44.090, to
read:
2. 44. 090 Salaries. A. Effective January 1, 1990, the salary
of the municipal judge shall be an amount not to exceed $4,500.00
per year, payable on a monthly basis at $375.00 per month for each
month of service, subject to any applicable deductions.
B. Effective January 1, 1990, the salary of the municipal
court clerk shall be an amount not to exceed $1,040.00 per year,
payable on a monthly basis at the rate of 5.00 per hour for each
hour of service, subject to any applicable deductions.
Section 2. The Board of Trustees herewith finds,
determines, and declares that this ordinance is necessary to the
immediate preservation of the public health and safety in order to
make the amendments provided for herein effective January 1, 1990.
This ordinance shall be effective upon adoption and approval by
the Mayor.
Section 3, Effective January 1, 1990, existing ordinances
or parts of ordinances covering the same matters as embraced in
this ordinance are repealed.
1
,
♦
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL THIS a_ day of J&.u&drnd , 1989.
TOWN OF FIRESTONE, COLORADO
~64<L~ rudyPeterson
· Town Clerk
17/33
2
ORDINANCE NO.
AN ORDINANCE CONCERNING COMPULSORY
MOTOR VEHICLE INSURANCE
WHEREAS, the Board of Trustees deems it necessary and
desirable to provide for offenses concerning the failure to comply
with the motor vehicle insurance laws of .the state; and
WHEREAS, the Board of Trustees declares that an emergency
exists because of the need to protect the public health and safety
by providing for the prosecution of such offenses in the municipal
court at the earliest possible date;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1.. Chapter 10.04 of the Firestone Municipal Code is
amended by the following new Section 10.04.185:
10.04.185. Section 21-14--Compulsory insurance. Article XXI
of the Model Traffic Code is amended by the addition of a new
Section 21-14, to read as follows:
· Sec. 21-14. Compulsory insurance. A. No owner of a motor
vehicle required to be registered in this state shall operate
the vehicle or permit it to be operated on a public street or
highway within this municipality when he has failed to have
a complying policy or certificate of self-insurance in full
force and effect as required by Sections 10-4-705 and 10-4-
716, C.R.S.
B. No person shall operate a motor vehicle on a public
street or highway within this municipality without a complying
policy or certificate or self-insurance in full force and
effect as required by Sections 10-4-705 and 10-4-716, C.R.S.
C. When an accident occurs, or when requested to do so
following any lawful traffic contact or during any traffic
investigation by a police officer, no owner or operator of a
motor vehicle shall fail to present to the requesting officer
immediate evidence of a complying policy or certificate of
self-insurance in full force and effect as required by
Sections 10-4-705 and 10-4-716, C.R.S.
D. Testimony of the failure of any owner or operator
of a motor vehicle to present immediate evidence of a
complying policy or certificate of self-insurance in full
force and effect as required by Sections 10-4-705 and 10-4-
716, C.R.S., when requested to do so by a police officer,
shall constitute prima facie evidence, at a trial concerning
a· violation charged under subsection (A) or (B) of this
1·
..
section, that such owner or operator of a motor vehicle
violated subsection (A) or (B) of this section. ·
E. · No person charged with violating subsection (A),
(B), or (C.) of this section shall be convicted if he produces
in court a bona fide complying policy or certificate of self-
insurance which was in full force _and effect, as required by
Sections 10-4-705 and 10-4-716, C.R.S., at the time of the
alleged violation.
Section 2. The Board of Trustees. herewith
determines, and declares that this ordinance is.necessary
immediate preservation of the public heal th and safety.
ordinance shall be effective upon adoption and approval
Mayor.
finds,
to the
This
by the
INTRODUCED, READ,
FULL this __J{_ day of
ADO1.:!/, APPROVED, AND ORDERED PUBLISHED IN
k;!&d-:lf . I 1990.
TOWN OF FIRESTONE, COLORADO
Pa trµ? CLt/d~
Paul urtado . .
Mayor
Attest:
=~~ Trudy Person
Town Clerk
17/161
2
•• :.'I
ORDINANCE NO. c/i I
AN ORDINANCE APPROVING THE SALE AND
DISPOSITION OF CERTAIN REAL PROPERTY
WHEREAS, the Town is the owner of real property, located at
Lot 13, Block 2, Russell Subdivision, Firestone, Weld County,
Colorado; and
WHEREAS, said property is not used or held for park purposes
or any governmental purpose and the Board of Trustees wishes to
sell and dispose of said property;
WHEREAS, the Board of Trustees has the power, under C.R.S.
§31-15-713, to sell and dispose of, by ordinance, any real estate
owned by the Town and not used or held for park purposes or any
governmental purpose;
WHEREAS, the Board of Trustees declares that an emergency
exists because of the need to sell and dispose of the said property
as soon as possible;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
section 1. In consideration for the payment of the amount of
$1,833. 78 by Vernon L. Wigerit and Shelly Wigent to the Town of
Firestone, the receipt of which is hereby acknowledged, and the
payment by Vernon L. Wigent and Shelly Wigent of 1989 tax notices
No. 18663 and 18606 and of 1990 special tax notice No. 9198, the
Board of Trustees hereby approves the conveyance of the real
property located at Lot 13, Block 2, Russell Subdivision,
Firestone, Weld County, Colorado, to Vernon L. Wigent and Shelly
Wigent, whose address is as follows: 138 Jackson Drive, Firestone,
Colorado 80520.
Section 2. Upon proof of payment by Vernon L. Wigent and
Shelly Wigent of 1989 tax notices No. 18663 and 18606 and of 1990
special tax notice No. 9198, the Mayor is authorized to execute a
quit claim deed for the property described in Section 1 above to
Vernon L. Wigent and Shelly Wigent.
Section 3. The Board of Trustees herewith finds, determines,
and declares that this ordinance is necessary to the immediate
preservation of the public heal th and safety. This ordinance shall
be effective upon adoption and approval by the Mayor.
1
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this 8th day of February, 1990.
Attest:
(.;;;;;,qef~~«z~ 0~
Trudy Peterson
Town Clerk
17/159
2
TOWN OF FIRESTONE, COLORADO
(/4, ,_(}__ CL~
Paul Hurtado
Mayor
ORDINANCE NO.
AN ORDINANCE CONCERNING OFFENSES AGAINST ,GOVERNMENT
WHEREAS, the Board of Trustees wishes to provide for offenses
concerning interferences with a marshal, deputy marshal, or law
enforcement officer; and
WHEREAS, the Board of Trustees declares that an emergency
exists because of the need to provide protections against such
interferences and for the prosecution of such interferences in the
Firestone Municipal Court;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO: . .
Section 1. Chapter 9.20 of the Firestone Municipal Code is
amended by the addition of the following new Section 9.20.045, to
read:
9.20.045 Failure to comply; interference. A. A person
commits failure or refusal to comply with a lawful order, signal,
or direction of a marshal, deputy marshal, or law enforcement
officer when he willfully fails or refuses to comply with any
lawful order, signal, or direction of a marshal, deputy marshal,
or law enforcement officer made or given in the discharge of the
duties of the marshal, deputy marshal, or law enforcement officer.
B. A person commits interference or hindrance with a marshal,
deputy marshal, or law enforcement officer when he, in any way,
interferes with or hinders any marshal, deputy marshal, or law
enforcement officer who is discharging or apparently discharging
the duties of the position.
Section 2. The Board of Trustees herewith
determines, and declares that this ordinance is necessary
immediate preservation of the public heal th and safety.
ordinance shall be effective upon adoption and approval
Mayor.
finds,
to the
This
by the
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL THIS ~day of --1-~ , 1990.
1
TOWN OF FIRESTONE, COLORADO
Paul Hurtado
Mayor
Attest:
~4t.~ Trudyterson
Town Clerk
18/34
2
,----~-~' C
ORDINANCE NO. clt::,,q
AN ORDINANCE TEMPORARILY EXTENDING THE TERM OF A FRANCHISE
WHEREAS., the Board of Trustees granted an electric franchise
in 1965 to Union Rural Electric Association and its successors and
assigns; and
WHEREAS, the franchise will expire in April, 1990; and
WHEREAS, the Town and the franchisee are in ,negotiations
concerning the renewal of the franchise; and
WHEREAS, it is necessary and desirable to the Town and the
franchisee to continue in effect the existing franchise for a
temporary period while those negotiations are taking place; and
WHEREAS, the Board of Trustees declares that an emergency
exists because of the need for timely action to so continue in
effect the existing franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1.
is amended by the
to read:
Chapter 13.24 of the Firestone Municipal Code
addition of the following new Section 13.24.170,
13.24.170 Temporary extension of term. Not-
withstanding the provisions of Section 13.24.120, this
chapter shall remain in effect through and including May
24, 1990.
section 2. The Board of Trustees herewith finds,
determines, and declares that this ordinance is necessary to the
immediate preservation of the public health and safety. This
ordinance shall be effective upon adoption and approval by the
Mayor.
INTRODUC~, READ,~TED, APPROVED, AND ORDERED PUBLISHED IN
FULL THIS &_• day of ~Le& · , 1990.
1
TOWN OF FIRESTONE, COLORADO
Patil l!ttrtad'O"' £1't' If -hrr.e~~,, ,<.1
Mayor-I'£~ 7£,u
Attest:
~ ~
~~terson
Town Clerk
18/173
2
I
f
ORDINANCE NUMBER 264
AN ORDINANCE TEMPORARILY EXTENDING THE TERM OF A FRANCHISE
WHEREAS, the Board of Trustees granted an electric
franchise in 1965 to Union Rural Electric Association and its·
successors and assigns; and
WHEREAS, the franchise will expire in April, 1990; and
WHEREAS, the Town arid the franchisee are in negotiations
concerning the renewa.l of the franchise; and
WHEREAS; it is necessary and desirable to the Town and
the franchisee to continue in effect the existing franchise for a
temporary period while those negotiations are taking place; and
WHEREAS, the Board of Trustees declares that an emergency
exists because of the need for timely action to so continu~ in
~ffect the _existing franchise;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE TOWN OF FIRESTONE, COLORADO:
Section 1. Section 13.24.170 of the Firestone Municipal
Code is amended to read:
13.24.170 Temporary extension-of term. Notwithstanding
the provisions of Section 13.24.230, this chapter shall remain in
effect th~ough and including July 31, 1990.
Section 2. The Board of Trustees herewith finds, determines,
and declares that this ordinance is necessary to the immediate
preservation of the public health and safety. This ordinance
shal 1 ·be effective upon adoption and approval by the Mayor.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUB LI SH ED
8IN FULL THIS 14th day of June, 1990.
TOWN OF FIRESTONE
Rick Patterson -Mayor
ATTEST:
c::>-L~~
Trlrclencec. Peterson -Clerk
ORDINANCE NO. J,f,5"
AN ORDINANCE CONCERNING THE APPLICATION OF
THE DANGEROUS BUILDINGS CODE TO MOBILE-HOMES
WHEREAS, the
additional remedies
Municipal Code; and
Board of Trustees wishes to provide for
for violations of Chapter 15 of the Firestone
WHEREAS, the Board of Trustees declares that an emergency
exists because such additional remedies should be provided at the
earliest possible time in order to protect the public health,
safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1.
is amended by the
to read:
Chapter 15.04 of the Firestone Municipal Code
addition of the following new Section 15.04.150,
15. 04 .150 Applicability of Dangerous Buildings Code to Mobile
Homes.
(a) In addition to any other available remedy, any
mobile home which is structurally unsafe or not provided
with adequate egress, or which constitutes a fire hazard,
or is otherwise dangerous to human life, shall be
considered an unsafe building or structure to which the
provisions of the Uniform Code for the Abatement of
Dangerous Buildings (1988 Ed.) ("Dangerous Buildings
Code"), adopted by reference as a secondary code pursuant
to this title 15, shall apply.
(b) Any use of a mobile home constituting a hazard
to safety, health or public welfare by reason of
inadequate maintenance, dilapidation, obsolescence, fire
hazard, disaster, damage or abandonment is, for the
purpose of this section, an unsafe use to which the
provisions of the Dangerous Buildings Code shall apply.
(c) Parapet walls, cornices, spires, towers, tanks,
statuary, and other appendages or structural members
which are supported by, attached to, or a part of a
mobile home and which are in deteriorated condition or
otherwise unable to sustain the design loads which are
specified by the ordinances of the Town or which are
otherwise specified by law, are hereby designated as
unsafe appendages to which the provisions of the
Dangerous Buildings Code shall apply.
1
(d) All such unsafe buildings, structures, uses,
or appendages are hereby declared to be public nuisances
and shall be abated by repair, rehabilitation, demolition
or removal in accordance with the procedures set forth
in the Dangerous Buildings Code or .such alternate
procedures as may be been or as may be adopted by the
Town. As an alternative, the building official, or other
employee or official of the Town as designated by the
Board of Trustees, may institute any other appropriate
action to prevent, restrain, correct or abate the
violation.
Section 2. The Board of Trustees herewith
determines, and 'declares that this ordinance is necessary
immediate· preservation of the public health and safety.
ordinance shall be effective upon adoption and approval
Mayor.
finds,
to the
This
by the
' INTRODVg;D, READ, TED, APPROVED, AND ORDERED PUBLISHED IN
FULL this it?'-'day of --k.~~:<fi:-:::._ ____ , 1990 ..
Attest:
. ~~__,
Ttudy Peteon
Town Clerk
20/72
2
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR DECREASED SPEED LIMITS ON
A PORTION OF GRANVILLE AVENUE
WHEREAS, the Board of Trustees has determined that a 15 M.P.H.
speed limit on Granville Avenue between 1st Street and 2nd Street
will promote the safe movement of pedestrian and vehicular traffic
and is consistent with the public health, safety and welfare; and
WHEREAS, the Board of Trustees declares that an emergency
exists because there is an immediate need to implement an ordinance
to provide for the safe movement of pedestrian and vehicular on
Granville Avenue in the interest of the public health, safety and
welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Section 10.04.140 of the Firestone Municipal Code
is hereby repealed and reenacted to read as follows:
10.04.140 Section 26-2--Decreased speed limits. Section 27-
2 of the Model Traffic Code is hereby repealed and reenacted to
read as follows:
Sec. 26-2. Decreased speed limits.
In accordance with the provisions of Section 4-2, and when
official signs are erected giving notice thereof, the speed
limits shall be as specified for the following intersections
or approaches thereto and upon the following streets or
portions thereof:
NAME OF STREET
OR INTERSECTION
McClure Avenue
1st Street
Granville Avenue
All other
streets in town
PORTION AFFECTED DECREASED
(TERMINAL LIMITS) SPEED LIMIT
100 1 east of 1st St. 15 M.P.H.
100' north of McClure 15 M.P.H.
from 1st St. to 2nd St. 15 M.P.H.
inclusive
25 M.P.H.
1
Section 2. The Board of Trustees herewith
determines, and declares that this ordinance is necessary
immediate preservation of the public heal th and safety.
ordinance shall be effective upon adoption and approval
Mayor.
finds,
to the
This
by the
INTRO~V9D, READ, PTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this ~d~y of ___;µ:;.&;~~-----' 1990.
Attest:
~"==~ Trudy Peter.on
Town Clerk ·
20/32
2
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
,,
ORDINANCE NO. 267
AN ORDINANCE OF THE TOWN OF FIRESTONE, COLORADO
CONCERNING THE REGULATION OF FIREWORKS
WHEREAS, the Board of Trustees wishes to regulate fireworks
in a manner consistent with state statutes; and
WHEREAS, the Board of Trustees declares that an emergency
exists because of the need to ensure that appropriate fireworks
regulations are enacted in time for the coming summer season;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO:
Section 1. Section 9.16.070 of the Firestone Municipal Code
is hereby repealed and reenacted to read as follows:
9.16.070 Regulation of Fireworks. A. Definitions. As
used in this section, unless the context otherwise requires, the
terms shall have the same meaning as provided in Section 12-28-
101, Colorado Revised Statutes.
B. Unlawful to sell. or use certain types of fireworks.
Except as provided in paragraph-C-of this section,1t shall be
unlawful for any person to offer for sale, expose for sale, sell,
or have in his possession with intent to · offer for sale, sell,
use, or explode any fireworks.
C. Permits for display. (1) The board of trustees may
grant permits for supervised public displays of fireworks by
municipalities, fair associations, amusement parks, and other
organizations and groups.
(2) Application for a permit shall be made in writing
at least thirty days in advance of the date of display and shall
be accompanied by payment of an application fee of$ 100.00.
(3) Every display shall be handled by a competent
operator and shall be of such character and so located,
discharged, and fired as not to be hazardous to property, or
endanger any person.
(4) Before a permit
location and handling of the
investigation, by the town
authorized agents.
is granted, the
display shall be
marshal! or the
operator and the
approved, after
town marshall's
(5) No permit shall be transferable or assignable.
(6) No permit shall be required for a public display
of fireworks at any county or district fair duly organized under
the laws of the state.
(7) The board of trustees shall require a performance
bond from the permittee in a sum not less than one thousand
dollars ($1,000.00) conditioned on compliance with the provisions
of this section; except that no permittee which is a governmental
entity shall be required to file such a bond.
(8) The
insurance coverages
determines necessary
town.
board of trustees may require proof of
in such amounts and types as the board
for the protection of the public an~ the
(9) The board of trustees may
conditions on the permit as it determines
protection of the public and the town.
impose such other
necessary for the
E. Interpretation. This section shall not be construed to
prohibit:
(1) Any person from using or exploding fireworks in
accordance with the provisions of any display permit issued as
provided in this section or as part of a supervised public
display permit issued as provided in this section or as part of a
supervised public display at any county or district fair
organized under the laws of this state;
(2) The use of fireworks by railroads or other
transportation agencies for signal purposes or illumination, the
sale or use of blank cartridges for a show or theater, for signal
or ceremonial purposes in athletics or sports, or for use by
military organizations, or the sale, purchase, possession, or use
of fireworks distribuied by the division of wildlife for
agricultural purposes under conditions approved by said division;
(3) Any person from offering for sale, exposing for
sale, selling, having in his possession with intent to offer for
sale or sell, or using or firing toy pistols, toy guns,
sparklers, or other devices in which caps manufactured in
accordance with article 28 of title 12, Colorado Revised
Statutes~ are used; or
(4) The sale, use, or possession of educational
rockets and toy propellant device type engines used in such
rockets when such rockets are of nonmetallic construction and
utilize replaceable engines or model cartridges containing less
than two ounces of propellant when such engine or model cartridge
. is designed to be ignited by electrical means.
2
F. Seizure of fireworks. The town marshal! shall have the
authority to seize";" take, remove, and destroy, at the expense of
the owner, any fireworks or combustibles offered or exposed for
sale, stored, held, or used in violation of this section.
G. Violations -penalty. Any person who violates any
provision of this secfion is guilty of a misd~meanor and, upon
con v i ct i o.n thereof , subj e ct to. revocation of the 1 i c.e n s e or
permit, if a license or permit has been issued to such person by
the town, in addition to the penalties set forth in Section
9.04.040 •Of this chapter. Each day or portion th~reof during
which any act prohibited under this section is committed,
. continued, or permitted shall be deemed a separate offense.
Section 2. The Board of Trustees herewith
determines, a~d declares that this. ordinance is necessary
immediate preservation of the public health and safety.
ordinance shall be effective upon adoption and approval
Mayor.
finds,
to the
This
by the
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED
IN FULL this 14th day of June, 1990.
TOWN OF FIRESTONE, COLORADO
Mayor
Attest:
T
Town Clerk
3
ORDINANCE NO.
AN ORDINANCE REPEALING SECTIONS 9.16.080
THROUGH 9.16.100 OF THE FIRESTONE MUNICIPAL CODE
CONCERNING GAMBLING OFFENSES
WHEREAS, the Board of Trustees wishes to repeal certain
provisions of the Firestone Municipal Code relating to gambling
offenses so that such offenses will be governed by the state laws;
WHEREAS, the Board of Trustees declares that an emergency
exists because it is in the interest of the public health, safety,
and welfare to be governed by the state laws concerning such,
offenses as of the earliest possible date;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. A. Sections 9.16.080, 9.16.090, and 9.16.100
of the Firestone Municipal Code are hereby repealed.
B. This repeal shall not affect or prevent any proceedings
against or the prosecution or punishment of any person for any act
done or committed in violation of any ordinance herein repealed
prior to the effective date of this ordinance.
Section 2. The Board of Trustees herewith finds,
determines, and declares that this ordinance is necessary to the
immediate preservation of the public heal th and safety. This
ordinance shall be effective upon adoption and approval by the
Mayor.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
this .!!f!!-,'day of <:;Z;.,,4& , 1990. FULL
Attest:
Town Clerk
20/99
~
1
TOWN OF FIREST,ONE, COLORADO
Rick Patterson
Mayor
ORDINANCE NO, c,1,6 9'
AN ORDINANCE CONCERNING THE FILLING
OF VACANCIES IN THE BOARD OF TRUSTEES
WHEREAS, state laws concerning the time within which a vacancy
in the Board of Trustees must be filled have been amended; and
WHEREAS; the Board of Trustees wishes to amend its ordinances
to conform to such state laws; and
WHEREAS, the Board of Trustees declares that an emergency
exists because it is in the interest.of the public health, safety,
and welfare to conform to such state laws as of the earliest
possible date;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
section 1. Section 2.04.270 of the Firestone Municipal Code
is repealed and reenacted to read as follows:.
2. 04. 270 Board of trustees vacancies. A vacancy in the board
of trustees shall be filled in the manner provided in Section 31-
4-303, Colorado Revised statutes, as amended.
section 2. The Board of Trustees herewith finds,
determines, and declares that this ordinance is necessary to the
immediate preservatio.n of the public heal th and safety. This
ordinance shall be effective upon adoption and approval by the
Mayor.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED IN
FULL this ~day of --~~tu;'.L_ ____ , 1990.
Attest:
~~
TrudyP~rson ·
Town Clerk
20/101
1
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
ORDINANCE NO. d'/.tl
AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.04 OF THE CODE OF THE TOWN OF
FIRESTONE, MODEL TRAFFIC CODE.
WHEREAS, the board of Trustees has determined that certain amendments to
Section 10.04.16:t:J of the Firestone Municipal Code are necessary or
desirable for the protection of the public health, safety, and welfare;
and
WHEREAS, the Board of Trustees declares that an emergency exists because
of the need to have such amendments take effect at the earliest possible
date;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, WELD COUNTY, COLORADO:
Section 1. Section 10.04.160 of the Firestone Municipal Code is hereby
repealed and reenacted to read as follows:
10.04.160 Section 26-8--Parking prohibited at all times on certain
streets. Section 26-8 of the Model Traffic Code is hereby repealed and
reenacted to read as follows:
In accordance ~ith the provisions of Section 12-2, and when
official signs are erected giving notice thereof, no person shall at any
time par:k a vehicle upon any of the following streets or parts of streets:
NAME OF STREET
McClure Avenue
First Street
Fourth Street
Grant Avenue
PORTION AFFECTED ·
(TERMINAL LIMITS)
South side and Johnson to First
Street on north side
125' north from McClure
West side from Granville to
Grant
South s'ide from west boundary
of Firestone to west side of
Third Street
Section 2. All ordinances, Resolutions, and Motions of the Board of
Trustees of the Town of Firestone or parts thereof, in conflict with the
provisions of this Ordinance, are to the extent of such conflict·hereby
superseded and repealed, except that this repeal shall not affect or
prevent any proceedings against or the prosecution or punishment of any
person for any act done or committed in violation of any ordinance herein
repealed prior to the effective date of this ordinance.
Section 3. The sections of this Ordinance are hereby declared to be
severable, and if any sections, provision, or part thereof shall be held
unconstitutional or invalid, the remainder of this Ordinance shall
continue in full force and effect, it being the legislative intent that
this Ordinance'would have been adopted even if such unconstitutional or
invalid matter had not been included therein. It is further declared that
if any provision or part of this section, or the application thereof to
any person, or circumstances, is held invalid, the remainder of this
Ordinance and the application thereof to other persons shall not be
effected thereby.
Section 4. The Board of Trustees herewith finds, determines, and
declares that this ordinance is necessary to the immediate preservation of
the public health and safety. This ordinance shall be effective upon
adoption and approval by the Mayor.
Approved, adopted and ordered published by the
Town of Firestone on the Li...._day of <:1,;,,4'
tf
Mayor
ATTEST:
Board of Trustees of the
, 1990.
ORDINANCE NO. d7L
AN ORDINANCE OF THE TOWN OF FIRESTONE, COLORADO
CONCERNING THE REGULATION OF FIREWORKS
WHEREAS, the Board of Trustees wishes to regulate fireworks
in a manner consistent with state statutes; and
WHEREAS, the Board of Trustees declares that an emergency
exists because of the need to ensure that appropriate fireworks
regulations are enacted in time for the coming summer season;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
section 1. Section 9.16.070 of the Firestone Municipal Code
is hereby repealed and reenacted to read as follows:
9.16.070 Regulation of Fireworks. A. Definitions. As used
in this section, unless the context otherwise requires, the terms
shall have the same meaning as provided in Section 12-28-101,
Colorado Revised Statutes.
B. Unlawful to sell or use certain· types of fireworks.
Except as provided in paragraph C of this section, it shall be
unlawful for any person to offer for sale, expose for sale, sell,
or have in his possession with intent to offer for sale, sell, use,
or explode any fireworks.
c. Permits for display. (1) The board of trustees may
grant permits for supervised public displays of fireworks by
municipalities, fair associations, amusement parks, and other
organizations and groups.
(2) Application for a permit shall be made in writing
at least thirty days in advance of the date of display and shall
be accompanied by payment of an application fee of one hundred
dollars ($100.00).
(3) Every display shall be handled by a competent
operator and shall be of such character and so located, discharged,
and fired as not to be hazardous to property, or endanger any
person.
( 4) Before a permit is granted, the operator and the
location and handling of the display shall be approved, after
investigation, by the town marshal! or the town marshall's
authorized agents.
(5) No permit shall be transferable or assignable.
1
(6) No permit shall be required for a public display of
fireworks at any county or district fair duly organized under the
laws of the state. ·
(7) The board of trustees shall require a performance
bond from th.e permittee in a sum not less than one thousand dollars
($1,000.00) conditioned on compliance with the provisions of this
section; except that no permittee which is a governmental entity
shall be required to file such a bond.
( 8) The board of trustees may require proof of insurance
coverages in such amounts and types as the board determines
necessary for the protection of the public and the town.
(9) The board of trustees may
conditions on the permit as it determines
protection of the public and the town.
impose such other
necessary for the
D. Interpretation. This section shall not be construed to
prohibit:
(1) Any person from using or exploding fireworks in
accordance with the provisions of any display permit issued as
provided in this section or as part of a supervised public display
permit issued as provided in this section or as part of a
supervised public display at any county or district fair organized
under the laws of this state;
(2) The use of fireworks by railroads or other
transportation agencies for signal purposes or illumination, the
use of blank cartridges for a show or theater, for signal or
ceremonial purposes in athletics or sports, or for use by military
organizations, or the possession or use of fireworks distributed
by the division of wildlife for agricultural purposes under
conditions approved by said division;
(3) Any person from using or firing toy pistols, toy
guns, sparklers, or other devices in which caps manufactured in
accordance with article 28 of title 12, Colorado Revised Statutes,
are used; or
(4) The use or possession of educational rockets and
toy propellant device type engines used in such rockets when such
rockets are of nonmetallic construction and utilize replaceable
engines or model cartridges containing less than two ounces of
propellant when such engine or model cartridge is designed to be
ignited by electrical means.
E. Seizure of fireworks. The town marshal! shall have the
authority to seize, take, remove, and destroy, at the expense of
the owner, any fireworks or combustibles offered or exposed for
2
•
sale, stored, held, possessed, or used in violation of this
section.
F. Violations -penalty. Any person who violates any
provision of this section is guilty of a misdemeanor and, upon
conviction thereof, subject to revocation of the license or permit,
if a license or permit has been issued to such person by the town,
in addition to the penalties set forth in Section 9.04.040 of this
chapter. Each day or portion thereof during which any act
prohibited under this section is committed, continued, or permitted
shall be deemed a separate offense.
Section 2 . Existing ordinances or parts of ordinances
covering the same matters as embraced in this ordinance are hereby
repealed, and specifically, Ordinance No. 267 is hereby repealed,
except that no such repeal shall affect or prevent any proceedings
against or the prosecution or punishment of any person for any act
done or committed in violation of any ordinance herein repealed
prior to the effective date of this ordinance.
Section 3. The Board of Trustees herewith finds,
determines, and declares that this ordinance is necessary to the
immediate preservation of the public health and safety. This
ordinance shall be effective upon adoption and approval by the
Mayor.
INTRODUCED, READ,? APPROVED, AND ORDERED PUBLISHED IN
FULL this ..,,fJ day of~------' 1990. . I TOWN OF FIRESTONE, COLORADO
Attest:
,--,~_d.w ,d;,,,. _,
Tr dyPeterson
Town Clerk
20/169
Mayor
3
ORDINANCE NO. 272
AN ORDINANCE TEMPORARILY EXTENDING THE TERM OF A FRANCHISE
WHEREAS, the Board of Trustees granted an electric franchise in
1965 to Union Rural Electric Association and its successors and assigns;
and · I
' WHEREAS, the franchise did expire in April, 1990; and
I
WHEREAS, the Town and the franchisee are in negotiations
concerning the renewal of the franchise; and
WHEREAS, it is necessary and desirable to the Town a~d the
franchisee to continue in effect the existing franchise for a temporary
period while those negotiations are taking place; and ·
WHEREAS, the Board of Trustees declares that an emergency exists
because of the need for timely action to so continue in effect the
existing franchise;
NOW, THEREFORE, BE IT ORDAINED -BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Chapter 13.24 of the Firestone Municipal Code is
amended by the addition of the following new Section 13.24.170, to read:
13.24.170 Temporary extension of term. Notwithstanding
the prov1s1ons of Section 13.24.120, this chapter shall remain in
effect through and including September 30, 1990.
Section 2. The Board of Trustees herew.ith finds, determines,
and declares that this ordinance is necessary to the immediate reservation
of the public health and safety. This ordinance shall be effective upon
adoption and approval by the Mayor.
INTRODl!5JD, READ, PPROVED, AND ORDERED PUBLISHED IN
FULL THIS J,d day of _ _s7e~'....._ __ , 1990.
Mayor
ATTEST:
ORDINANCE NO. d:'S
AN ORDINANCE PROHIBITING THE POSSESSION OR
CONSUMPTION OF ETHYL ALCOHOL BY,
AND THE FURNISHING OF THE SAME TO, UNDERAGE PERSONS
WHEREAS, the Board of Trustees has determined that the public
health, safety, and welfare would be served by an ordinance
prohibiting the possession or consumption of ethyl alcohol by, and
the furnishing of the same to, underage persons; and
WHEREAS, the Board of Trustees declares that an-emergency
exists because of the need to make such an ordinance effective as
of the earliest possible time;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Chapter 9.28 of the Firestone Municipal Code is
amended by the addition of a new Section 9. 28. 030, to read as
follows:
9.28.030 Illegal possession or consumption of ethyl
by. or furnishing of the same to. an underage person. A.
in this section, unless the context otherwise requires:
alcohol
As used
(1) "Establishment" means a business, firm, enterprise,
service or fraternal organization, club, institution, entity,
group, or residence, and any real property, including buildings and
improvements, connected therewith, and shall also include any
members, employees, and occupants associated therewith.
( 2) "Ethyl alcohol" means any substance which is or
contains ethyl alcohol.
(3) "Possession of ethyl alcohol" means that a person
has or holds any amount of ethyl alcohol anywhere on his person,
or that a person owns or has custody of ethyl alcohol, or has ethyl
alcohol within his immediate presence and control.
(4) "Private property" means any dwelling and its
curtilage which is being used by a natural person or natural
persons for habitation and which is not open to the public, and
privately owned real property which is not open to the public.
"Private property" shall not include:
1
(a) Any establishment which has or is required to
have a license pursuant to article 46, 47, or 48 of title 12,
c. R. s. ; or
(b) Any establishment which sells ethyl alcohol or
upon which ethyl alcohol is sold; or
(c) Any establishment which leases, rents or
provides accommodations to members of the public generally.
B. (1) Any person under twenty-one years of age who
possesses or consumes ethyl alcohol anywhere in the Town commits
illegal possession or consumption of ethyl alcohol by an underage
person. Illegal possession or consumption of ethyl alcohol by an
underage person is a strict liability offense.
(2) Illegal possession or consumption of ethyl alcohol
by an underage person is a petty offense.
C. It shall be an affirmative defense to the offense
described in subsection B. of this section that the ethyl alcohol
was possessed or consumed by a person under twenty-one years of age
under the following circumstances:
(1) While such person was legally upon private property
with the knowledge and consent of the owner or legal possessor of
such private property and the ethyl alcohol was possessed or
consumed with the consent of his parent or legal guardian who was
present during such possession or consumption; or
(2) When the existence of ethyl alcohol in a person's
body was due solely to the ingestion of a confectionery which
contained ethyl alcohol within the limits prescribed by section 25-
5-410 (l) (i) (II), C.R.S., or the ingestion of any substance which
was manufactured, designed, or intended primarily for a purpose
other than oral human ingestion, or the ingestion of any substance
which was manufactured, designed, or intended solely for medicinal
or hygienic purposes or solely from the ingestion of a beverage
which contained less than one-half of one percent of ethyl alcohol
by weight.
D. The possession or consumption of ethyl alcohol shall not
constitute a violation of this section if such possession or
consumption takes place for religious purposes protected by the
first amendment to the United States constitution.
E. Prima facie evidence of a violation of subsection B. of
this section shall consist of:
(1) Evidence that the defendant was -under the age of
twenty-one years and possessed or consumed ethyl alcohol anywhere
in this state; or
2
(2) Evidence that the defendant was under the age of
twenty-one years and manifested any of the characteristics commonly
associated with ethyl alcohol intoxication or impairment while
present anywhere in this state.
F. During any trial for a violation of subsection B. or K.
of this section, any bottle, can, or any other container with
labeling indicating the contents of such bottle, can, or container
shall be admissible into evidence, and the information contained
on any label on such bottle, can, or other container shall be
admissible into evidence and shall not constitute hearsay. A jury
or a judge, whichever is appropriate, may consider the information
upon such label in determining whether the contents of the bottle,
can, or other container were composed in whole or in part of ethyl
alcohol. A label which identifies the contents of any bottle, can,
or other container as "beer", "ale", "malt beverage", "fermented
malt beverage", "malt liquor", "wine", champagne", "whiskey", or
"whiskey", "gin", "vodka", "tequila", "schnapps", "brandy",
"cognac", "liqueur", "cordial", "alcohol", or "liquor" shall
constitute prima facie evidence that the contents of the bottle,
can, or other container was composed in whole or in part of ethyl
alcohol.
G. A parent or legal guardian of a person under twenty-one
years of age or any natural person who has the permission of such
parent or legal guardian, may give, .or permit the possession and
consumption of, ethyl alcohol to or by a person under the age of
twenty~one years under the conditions described in paragraph (1)
of subsection C. of this section. This subsection shall not be
construed to permit any establishment which is or is required to
be licensed pursuant to article 46, 47, or 48 of title 12, C.R.S.,
or any members, employees, or occupants of any such establishment
to give, provide, make available, or sell ethyl alcohol to a person
under twenty-one years of age.
H. Nothing in this section shall
preclude prosecution for any offense
applicable law or ordinance.
be construed to limit or
pursuant to any other
I. The qualitative result of an alcohol test or tests shall
be admissible at the trial of any person charged with a violation
of subsection B. of this section upon a showing that the device or
devices used to conduct such test or tests have been approved as
accurate in detecting alcohol by the executive director of the
department of health.
J. During any trial for a violation of subsection B. of this
section, the court shall take judicial notice of methods of testing
a person's blood, breath, saliva, or urine for the presence of
3
alcohol and of the design and operation of devices certified by
the department of health for testing a person's blood, breath,
saliva, or urine for the presence of alcohol. This subsection
shall not prevent the necessity of establishing during a trial that
the testing devices were working properly and that such testing
devices were properly operated. Nothing in this su~section shall
preclude a defendant from offering evidence concerning the accuracy
of testing devices.
K. (1) Any person who sells or otherwise furnishes ethyl
alcohol to any person under twenty-one years of age commits illegal
furnishing of ethyl alcohol to an underage person. Illegal
furnishing of ethyl alcohol to an underage persort is a strict
liability offense. i
(2) Illegal furnishing of ethyl alcohol to an underage
person is a petty offense.
(3) It shall be an affirmative defense to the offense
described 1n paragraph (1) of this subsection that the ethyl
alcohol was furnished to a person under twenty-one years of age
under the circumstances described in paragraphs (1) or (2) of
subsection C. of this section, in subsection D. of this section,
or in subsection D. of this section.
section 2. It is a violation of this ord~nance for any
person to do any act which is forbidden or declared to be unlawful
or declared to be a nuisance or to fail to do or perform any act
required in this ordinance. Such person shall be de1emed guilty of
a separate offense for each and every day or portion thereof during
which any violation of any provision of this ordinance is
committed, continued, or permitted. Upon conviction thereof, such
person shall be punishable by a fine of not more than three hundred
dollars ($300.00).
section 3. If any provision of this ord~nance or the
application thereof is held invalid, such invalidity shall not
affect other provisions or applications of this ordinance which can
be given effect without the invalid provision or application, and
to this end the provisions of this ordinance are declared to be
severable. I
Section 4. The Board of Trustees heJewi th finds,
determines, and declares that this ordinance is necessary to the
immediate preservation of the public heal th and safety. This
ordinance shall be effective upon adoption and approval by the
Mayor.
4
INTRODUCED, READ,~TED, APPROVED,
FULL this /.i!:day of ~/4;
AND ORDERED PUBLISHED IN
, 1990. '
Attest:
44-~ Trudy Peterson
Town Clerk
23/26
5
TOWN OF FIRESTONE, COLORADO
Rick'Patterson
Mayor
ORDINANCE NO. 4JL/
AN ORDINANCE AMENDING THE BUILDING CODE
WHEREAS, the Boa-rd of Trustees wishes to amend the building
code; and
WHEREAS, the Board of Trustees declares that an emergency
exists because of the need to make the amendment effective as of
the earliest possible date;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
section 1. Section 15.04.050 of the Firestone Municipal Code
is amended by the addition of a new subsection (i) to read as
follows:
(i) The Building Code is hereby amended by the addition of
a new subsection 20.1.3 to read as follows:
20. 1.3 Any fence which, by virtue of its design or
materials, permits less than fifty percent
(50%) visibility through the fence, shall be
placed at least three (3) feet from the nearest
edge of any public way which runs parallel to
the fence.
Section 2. If any provision of this ordinance or the
application thereof is held invalid, such invalidity shall not
affect other provisions or applications of this ordinance which can
be given effect without the invalid provision or application, and
to this end the provisions of this ordinance are declared to be
severable.
Section 3. Existing ordinances or parts of ordinances
covering the same matters as embraced in this ordinance are hereby
repealed, except that this repeal shall not affect or prevent any
proceedings against or the prosecution or punishment of any person
for any act done or committed in violation of any ordinance herein
repealed prior to the effective date of this ordinance.
Section 4. The Board of Trustees herewith finds,
determines, and declares that this ordinance is necessary to the
immediate preservation of the public health and safety. This
ordinance shall be effective upon adoption and approval by the
Mayor.
1
· INTRODUCED, READ,o/~::APPROVED, AND ORDERED PUBLISHED IN
FULL this ~day of ~~ , 1990. .
~/~
Trudy Peterson
Town Clerk
23/49
2
TOWN OF FIRESTONE, COLORADO
Rick 'Patterson
Mayor
ORDINANCE NO. d 2-.:f'
AN ORDINANCE CONCERNING THE CARRYING OF A CONCEALED WEAPON
WITHIN A PRIVATE AUTOMOBILE OR OTHER PRIVATE
MEANS OF CONVEYANCE
WHEREAS, the Board of Trustees wishes to clarify ordinance
provisions concerning the carrying of a concealed weapon within a
vehicle or other private means of conveyance; and
WHEREAS, the Board of Trustees declares that an emergency
exists because the public safety and welfare require such
clarification to take effect as of the earliest possible date;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:.
section 1. Section 9.24.010.B.2 of the Firestone Municipal
Code is repealed and reenacted to read as follows:
2. A person in a private automobile or other
private means of conveyance who carries a weapon for
lawful protection of his or another I s person or property
while traveling, except that this affirmative defense
shall be inapplicable if the weapon is tucked under the
edge of a seat, or is otherwise hidden or concealed from
view in a location within the easy reach of the person.
section 2. The Board of Trustees herewith finds,
determines, and declares that this ordinance is necessary to the
immediate preservation of the public heal th and safety. This
ordinance shall be effective upon adoption and approval by the
Mayor.
INTRO"~, READ, ~K9::-~~PROVED, AND ORDERED PUBLISHED IN
FULL this ay of ;,~../ , 1990.
Attest:
C"~~..,_/
Trudy Peterson
Town Clerk
23/27
1
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
::,;;
ORDINANCE NO.
AN ORDINANCE AMENDING THE MODEL TRAFFIC CODE
WHEREAS, the Board of Trustees wishes to amend the Model
Traffic Code in effect within the Town; and
WHEREAS, the Board of Trustees declares that an emergency
exists because such amendments should be in force as of the
earliest possible date for the protection of the public in the use
of the streets and highways of the Town; _ ... ~./
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
section 1. Chapter 10 of the Firestone Municipal Code is
amended by the addition of a new Section 10.04.085, to read:
10.04.085 Section 5-2--Careless driving. Section 5-2 of the
Model Traffic Code is repealed and reenacted to read as follows:
Section 5-2. Careless driving. (a) Any person who
drives any motor vehicle, bicycle, or motorized bicycle
anywhere within this municipality in a careless or
imprudent manner, without due regard for the width,
grade, curves, corners, traffic, traffic signs, traffic
signals, traffic markings, objects, pedestrians, or use
of the streets and highways, or any other attendant
circumstances, is guilty of careless driving.
(b) It shall be prima facie evidence of a violation
of this section for a person driving a motor vehicle to
have caused the squealing of the tires of the vehicle as
the result of the sudden acceleration of the vehicle, or
for such person to have caused the vehicle to ~eave from
side to side.
(c) It shall be prima facie evidence of a violation
of this section for a person driving a motor vehicle,
bicycle, or motorized bicycle to have collided with any
stationary object, including but not limited to a
building or other structure, fence, sign post, parked
vehicle, utility pole, or barricade.
Section 2. The Board of Trustees herewith finds,
determines, and declares that this ordinance is necessary to the
1
..
immediate preservation of the public. health and safety. This
ordinance shall be effective upon adoption and approval by the
Mayor.
INTRO~~D, READ, A~VED, AND ORDERED PUBLISHED IN
FULL this~day of .....,,,),S:;&,;~-==.:::::....---' 1990. 0-
Attest:
c:Lu~ Trudy Peterson
Town Clerk
23/24
2
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
ORDINANCE NO.
AN ORDINANCE CONCERNING FALSE ALARMS FROM
SECURITY ALARM SYSTEMS
WHEREAS, false alarms from security alarm systems pose a
threat to the public safety and welfare because of the needless use
of the resources of the Police Department; and
WHEREAS, the Board of Trustees declares that an emergency
exists because the public safety and welfare require that such
false alarms be subject to regulation as of the earliest possible
date;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Chapter .9 of the Firestone Municipal Code is
amended by the addition of a new Section 9.20.065, to read:
•
9.20.065. False alarm. A. As used in this
section, the following terms shall have the following
meanings, unless the context clearly indicates otherwise:
(1) "Security alarm system" means any
mechanical or electrical device which is designed or used
for the detection of an unauthorized entry into a
building or other structure, or for alerting any person
of the commission of an unlawful act within a building
or other structure, and which emits a sound or transmits
a signal or message when activated.
(2) "False alarm" means any signal or message
from a security alarm system to which the Police
Department responds and which results from:
a. The circumstances described in Section
9.20.060.A.l;
b. Activation of the system by negligence
or error; or
c. Any malfunction of the system.
B. In addition to any other applicable penalty, if
a false alarm occurs from any security alarm system, the
owner or occupant of the building or other structure in
1
which the system is located, or which the system serves,
shall be subject to a fine of $25,00 for each such false
alarm in excess of two false alarms in any calendar year.
Section 2. The Board of Trustees herewith finds, deter-
mines, and declares that this ordinance is necessary to the
immediate preservation . of the public health and safety. This
ordinance shall be effective upon adoption and approval by the
Mayor.
INTRODUCED, READ,~~: APPROVED, AND ORDERED PUBLISHED IN
FULL this /3 day of ,•~,b,-,/ , 1990,
Attest:
~~ udyPeterson
Town Clerk
23/25
2
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
ORDINANCE NO. d2i
AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.04 OF THE CODE OF THE
TOWN OF FIRESTONE, MODEL TRAFFIC CODE.
WHEREAS, the board of Trustees has determined that certain
amendments to Section 10.04 of the Firestone Municipal Code are
necessary or desirable for the protection of the public health,
safety, and welfare; and
WHEREAS, the Board of Trustees declares that an emergency
exists because of the need to have such amendments take effect at
the earliest possible date;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO:
section 1. Chapter 10.04.130 of the Firestone Municipal Code
is hereby repealed and reenacted to read as follows:
10.04.130 Section 26-1 Through streets. Section 26-1 of
the Model Traffic Code is hereby repealed and reenacted to read as
follows:
Section 26~1. Through streets.
In accordance with the provisions of Section 2-1, and when
official signs are erected giving notice thereof, drivers of
vehicles shall stop or yield as required by said signs at
every intersection before entering any of the following
streets or parts of streets:
Name of Street
First Street
Grant Avenue
McClure Avenue
1
Portion Affected
(Terminal Limits)
North city limits to south
city limits
East end of First Street
to east city limits,
except 3rd Street
West city limit to
Johnson; Johnson street
east to 4th
Section 2. Section 10.04,160 of the Firestone Municipal Code
is hereby repealed and reenacted to read as follows:
10.04.160 Section 26-8 Parking prohibited at all times on
certain streets. Section 26-8 of the Model Traffic Code is hereby
repealed and reenacted to read as follows:
Section 26-8. Parking prohibited at all times on certain
streets.
In accordance with the provisions of Section 12-2, and when
official signs are erected giving notice thereof, no person
shall at any time park a vehicle upon any of the following
streets or parts of streets:
Name of Street
McClure Avenue
First Street
Fourth street
Portion Affected
(Terminal Limits)
South side and Johnson to
First Street on north side
125' north from McClure
West side from Granville
to Grant
section 3. Existing ordinances or parts of ordinances
covering the same matters as embraced in this ordinance are hereby
repealed, except that this repeal shall not affect or prevent the
prosecution or punishment of any person for any act done or
committed in violation of any ordinance hereby repealed prior to
the effective date of this ordinance.
section 4. If any part or parts of this ordinance are for
any reason held to be invalid, such invalidity shall not affect
the validity of the remaining portions of this ordinance. The
Board of Trustees hereby declares that it would have passed this
ordinance and each part or parts thereof irrespective of the fact
that any one part or parts be declared invalid.
section 5. The Board of Trustees herewith finds, determines,
and declares that this ordinance is necessary to the immediate
preservation of the public health and safety. This ordinance
shall be effective upon adoption and approval by the Mayor.
2
• •
INTRODUCED, READ,
FULL this ~day of
ADOJ,T_ED:: APPROVED' AND ORDERED PUBLISHED IN
~,?,✓ , 1990.
Attest:
~~,-' Trudy P erson ·
Town Clerk
23/45
3
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
ORDINANCE NO. dff
AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.04 OF THE CODE OF THE
TOWN OF FIRESTONE, MODEL TRAFFIC CODE.
WHEREAS, the board of Trustees has determined that certain
amendments to Section 10.04 of the Firestone Municipal Code are
necessary or desirable for the protection of the public health,
safety, and welfare; and.
WHEREAS, the Board of Trustees declares that an emergency
exists because of the need to have such amendments take effect at
the earliest possible date;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO:
section 1. Chapter 10. 04 .130 of, the Firest'one Municipal Code
is hereby repealed and reenacted to read as follows:
10.04.130 Section 26-1 Through streets. Section 26-1 of
the Model Traffic Code is hereby repealed and reenacted to read as
follows:
Section 26-1. Through streets.
In accordance with the provisions of Section 2-1, and when
official signs are erected giving notice thereof, drivers of
vehicles shall stop or yield as required by said signs at
every intersection before entering any of the following
streets or parts of streets:
Name of Street
First Street
Grant Avenue
McClure Avenue
1
Portion Affected
(Terminal Limits)
North city limits to south
city limits
East end of First Street
to east city limits,
except 3rd Street
West city limit to
Johnson; Johnson Street
east to 4th
section 2. Section 10.04.160 of the Firestone Municipai Code
is hereby repepled and reenacted to read as follows:
10.04.160 Section 26-8 Parking prohibited at all times on
certain streets. Section 26-8 of the Model Traffic Code is hereby
repealed and reenacted to read as follows:
Section 26-8. Parking prohibited at all times on certain
streets.
In accordance with the provisions of Section 12-2, and when
official signs are erected giving notice thereof, no person
shall at any time park a vehicle upon any of the following
streets or parts of streets:
Name of Street
McClure Avenue
First Street
Fourth Street
Portion Affected
(Terminal Limits)
South side and Johnson to
First Street on north side
125' north from McClure
West side from Granville
to Grant
section 3. Existing ordinances or parts of ordinances
covering the same matters as embraced in this ordinance are hereby
repealed, except that this repeal shall not affect or prevent the
prosecution or punishment of any person for any act done or
committed in violation of any ordinance hereby repealed prior to
the effective date of this ordinance.
section 4. If any part or parts. of this ordinance are for
any reason held to be invalid, such invalidity shall not affect
the validity of the remaining portions of this ordinance. The
Board of Trustees hereby declares that it would have passed this
ordinance and each part or parts thereof irrespective of the fact
that any one part or parts be declared invalid.
Sections. The Board of Trustees herewith finds, determines,
and declares that this ordinance is necessary to the immediate
preservation of the public heal th and safety. This ordinance
shall be effective upon adoption and approval by the Mayor.
2
INTRODUCED, READ,
FULL this ~day of
Attest:
A~q:~}'PPROVED, AND ORDERED PUBLISHED IN
~.,/ t 1990.
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
~d/k
Trudy Peterson
Town Clerk
23/45
3
j
ORDINANCE NO. c!Jf
AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.04 OF THE CODE OF THE
TOWN OF FIRESTONE, MODEL TRAFFIC CODE ..
WHEREAS,. the board of Trustees has determined that certain
amendments to Section 10,04 of the Firestone Municipal Code are
necessary or desirable for the protection of the public health,
safety, and welfare; and
WHEREAS, the Board of Trustees declares that an emergency
exists because of the need to have such amendments take effect at
the earliest possible date;
NOW, THEREFORE, BE IT ORDAINED BY' THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO:
Section 1. Chapter 10,04.130 of the Firestone Municipal Code
is hereby repealed and reenacted to read as follows:
10.04.130 Section 26-1 Through streets. Section 26-1 of
the Model Traffic Code is hereby repealed and reenacted to read as
follows:
Section 26-1. Through streets ..
In accordance with the provisions of Section 2-1, and when
official signs are erected giving notice thereof, drivers of
vehicles shall stop or yield as required by said signs at
every intersection before entering any of the following
streets· or parts of streets:
Name of Street
First Street
Grant Avenue
McClure Avenue
1
Portion Affected
(Terminal Limits)
North city limits to south
city limits
East ·end of First Street
to east city limits,
West city limit. to
Johnson; Johnson Street
east to 4th
_, Stlction 2 • Existing ordinances or parts of ordinances
covering the same.matters as embraced in this ordinance are hereby
repealed, except that this repeal shall not affect or prevent the
prosecution or punishment of any person for any act done or
committed in violation of any ordinance hereby repealed prior to
the effective date of this ordinance.
section 3. If any part or parts of this ordinance are for
any reason held to be invalid, such invalidity shall not affect
the validity of the remaining portions of this ordinance. The
Board of Trustees hereby declares that it would have passed this
ordinance and each part or parts thereof irrespective of the fact
that any one part or parts be declared invalid.
Section 4. The Board of Trustees herewith finds, determines,
and declares that this ordinance is necessary to the immediate
preservation of the public heal th and safety. This ordinance
shall be effective upon adoption and approval by the Mayor.
INTRODUCED, READ, AD08 D, APPROVED, AND ORDERED PUBLISHED IN FULL THIS
///;,_ day of _L~Qt:::::!:~~-• 1990.
TOWN OF FIRESTONE, COLORADO
-/2J~~E==~=-·
Ri~tersoo, Mayor
ATTEST:
~44'~ Truence L. Peterson,Cer
ORDINANCE NO. 27~
AN ORDINANCE TEMPORARILY EXTENDING THE TERM OF A FRANCHISE
I
WHEREAS, the Board of Trustees granted an electric franchise in
1965 to Union Rural Electric Association and its successors and assigns;
and
• WHEREAS, the franchise did expire in April, 1990; and
WHEREAS, the Town and the franchisee are in negotiations
concerning the renewal of the franchise; and
WHEREAS, it is necessary and desirable to the Town and the
franchisee to continue in effect the existing franchise for a temporary
period while those negotiations are taking ,Place; and
WHEREAS, the Board of Trustees declares that an emergency exists
because of the need for timely action to so continue in effect the
existing franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Chapter 13.24 of the Firestone Municipal Code is
amended by the addition of the following new Section 13.24.170, to read:
13.24.170 Temporary extension of term. Notwithstanding
the provisions of Section 13.24.120, this chapter shall remain in
effect through and including December 31, 1990 ..
Section 2. 'The Board of Trustees herewith finds, determines,
and declares that this ordinance is necessary to the immediate reservation
of the public health and safety. This ordinance shall be effective upon
adoption and approval by the Mayor.
. INTRODUCED, READ, ADOP ED, APPROVED, AND ORDERED PUBLISHED IN
FULL THIS A~ day of ----,,J~~~~L_, 1990.
Mayor
ATTEST:
~d~ C er