ORDINANCE 2017-10 CHAPTER 7 AMENDMENTS


                                     

 
ORDINANCE NO. 2017-10

 

AN ORDINANCE AMENDING CHAPTER 7 OF THE KEENESBURG MUNICIPAL CODE REGARDING HEALTH, SANITATION AND ANIMALS

 

            BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:

 

Section 1.        Section 7-1-30(b) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

 

Sec. 7-1-30.    Refuse and rubbish accumulation prohibited.

 

(b)       All refuse and rubbish stored on the premises shall be stored in refuse containers and the storage area shall be kept free of loose refuse. Any refuse or rubbish that by its nature is incapable of being stored in containers shall be neatly stacked and stored. The number and size of containers for refuse and recyclable materials shall be sufficient to accommodate the accumulation of refuse and recyclable materials from the property. Containers shall be secured and placed where they are not spilled by animals, wind or other elements and screened from view of the street.

 

Section 2.        Section 7-1-30(c) of the Keenesburg Municipal Code is hereby repealed.

 

Section 3.        Section 7-1-40 of the Keenesburg Municipal Code is hereby repealed and reenacted to read as follows:

 Sec. 7-1-40     Collection and disposal of refuse and rubbish and location of trash containers.

 

(a)       Each occupant and owner of any premises wherein refuse and rubbish is produced or accumulated shall be jointly and severally responsible to provide for collection and removal of refuse and rubbish in compliance with the requirements of this Article to maintain the premises in a clean and orderly condition.

 

(b)       No trash containers of any type may be stored on any street, alley or public right-of-way, and shall be placed only on private property for storage.

 

(c)       No dumpsters or dumpster type waste containers having a capacity of more than 96 gallons shall be allowed in an R-1 zone district or on a property within any zone district upon which a single-family dwelling is located (an “R-1 use”), except estate zoning of one acre or more. Any existing dumpster that is in compliance with Section 7-1-40 at the time this ordinance becomes effective may remain in use subject to a permit being issued by the Town Clerk, which permit shall be renewed annually upon the property owner or occupant demonstrating continued compliance with such requirements and any conditions of the permit. Any dumpsters located in an R-1 zone or R-1 use for which the permit has expired, or for which the property owner or occupant has not demonstrated continued compliance with all requirements, shall be unlawful and shall be permanently removed by the property owner or occupant upon notice by the Town. Refuse containers shall remain covered at all times, secured and placed where they are protected from spillage by animals, wind or other elements and concealed from public view, except on collection day and then only for a maximum of twelve (12) hours before and twelve (12) hours after the scheduled time of collection.

 

(d)       In estate and agricultural zone districts of one acre or more, dumpsters or other waste containers must be located behind the primary structure and shall be concealed from public view except on collection day and then only for a maximum of twelve (12) hours before and twelve (12) hours after the schedule time of collection. All dumpsters must be placed on a concrete or asphalt pad.

 

(e)       Alley locations of dumpsters and other waste containers in all other zone districts shall be kept upon a concrete or asphalt pad. Dumpsters and other waste containers must be located behind the primary structure on the property and in the case of a corner lot shall be located behind the back line of the primary structure and shall remain covered at all times and kept in a clean and sanitary condition.

(f)        For multifamily dwellings or business premises that have no place for storage of trash containers behind the primary structure, or for multifamily dwellings or business premises where trash haulers cannot access dumpsters in the rear of the property, the property owner or lessee may apply for a permit from the Town to allow a screened front setback placement of dumpsters or other trash containers, such permit to be issued by the Town Clerk or his or her designee. This section does not apply to trash containers placed with approval of the Town in parks and on the downtown sidewalks for public use.

Section 4.        Section -1-90 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

 

Sec. 7-1-90     Appliance door removal required.

 

It shall be unlawful for any person to keep any unused refrigerator, washer, dryer, freezer or other appliance within any accessible yard, lot, carport, residential garage or other property anywhere within the Town limits without removing the door from the appliance and ensuring that no hazard exists as a result of such appliance being on the owner's property.   Freezers or refrigerators located outside that are in use must be secured with a lock.

 

Section 5.        Section 7-1-100(b) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

 

Sec. 7-1-100   Nuisances regarding dead, dangerous and infested trees.

 

(b)       Every owner or occupant of any property within the Town shall cut, trim or prune all weeds, shrubs, brush, trees and other vegetation that encroaches on the Town’s right-of-way, obstructs or interferes with a clear view of traffic signs or traffic on perpendicular streets, operation and maintenance of utility facilities or otherwise interferes with a sight distance triangle at intersections.

 

Section 6.        Chapter 7 of the Keenesburg Municipal Code is hereby amended by the addition of a new Section 7-1-115 to read as follows:

 

Sec. 7-1-115.  General Property Standards.

 

(a)       Exterior maintenance.

 

(1)       The exterior finish of all structures shall be maintained in good repair, free of defect and shall be maintained prior to a time when the finish has substantially deteriorated. The exterior finish must consist of materials commonly used and meeting industry standards of acceptable construction.

 

(2)       All architectural projections such as cornices, moldings, lintels, sills and similar projections shall be maintained in good repair and free of defects.

 

(3)       All chimneys, vents, gutters, downspouts, light fixtures, roofing or building accessories shall be structurally sound, in good repair and shall be secured to an exterior wall or roof.

 

(b)       Windows and doors. Windows and exterior glazing shall be sound, free from cracks and loose and broken glass, and be capable of being secured in a closed position. Doors and windows shall be maintained weather tight and rodent proof. All screening and awnings shall be maintained in good repair and free from tears, holes or other imperfections.

 

(c)       All fences and retaining walls shall be in good repair, be structurally sound, in an upright position, and the exterior finish in good repair and free of defect. If the fencing contains slats, all slats must be present and complete in length.

 

(d)       Auxiliary structures. All auxiliary structures shall be maintained in a state of good repair or removed from the site. Such structures shall include, but not be limited to, tree houses, club houses, carports, garages, and miscellaneous sheds or structures. These structures shall be constructed of materials consistent with the use of the structure and shall be structurally sound.

 

Section 7.        Section 7-1-120(b) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

 

Sec. 7-1-120   Abatement of nuisances.

 

(b)       Abatement procedure.

 

(1)       In all cases where a nuisance is found upon any property within the Town, the Administrative Authority shall give at least twenty-four (24) hours seven (7) days written notice to the owner and occupant to remove such nuisance. In case of any nuisance in or upon any street, avenue, alley, sidewalk, highway or public grounds in the Town, the Town may abate the nuisance forthwith without notice.

 

(2)       Should any such nuisance not be removed or otherwise corrected within the time period stated in the notice provided, the Administrative Authority shall send a notice of abatement providing at least a seven (7) day period to submit a written request for a hearing before the hearing officer. If no such hearing is requested, the Town may order the abatement of such nuisance and may call upon such assistance as determined necessary.

 

(3)       Any person duly authorized by the Administrative Authority to abate any nuisance specified in this Article shall have the authority to enter upon the property may enter upon land or into any building or structure where there is probable cause that a violation exists, and with consent of the owner or occupant, a court order or warrant, or under other circumstances allowed by law and remove the condition or conditions constituting a nuisance. The Administrative Authority is authorized to engage the assistance of private contractors to enter upon the property and remove the condition or conditions and incur necessary expenses therefor.

 

(4)       Where, in the opinion of the Mayor or Administrative Authority, a nuisance constitutes an immediate and serious danger to the public health, safety or welfare, the Mayor Administrative Authority or designated official shall have the authority to summarily abate the nuisance without notice of any kind.

 

Section 8.        Section 7-2-30(1) of the Keenesburg Municipal Code is hereby repealed.

 

Section 9.        Section 7-6-20(a) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

 

Sec. 7-6-20.    Dog license, application, fee and vaccination.

 

(a)       No person shall own, keep or harbor any dog which has attained the age of five (5) six (6) months, within the limits of the Town without first having obtained a license. Application for the license shall be made to the Town Clerk.

 

Section 10.      Section 7-6-25(a) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

 

Sec. 7-6-25.    Pot-bellied pig license, application and fee.

 

(a)       No person shall own, keep or harbor any pot-bellied pig which has attained the age of five (5) six (6) months, within the limits of the Town, without having first obtained a license. Application for the license shall be made to the Town Clerk.

 

Section 11.      Section 7-6-30(d) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

 

Sec. 7-6-30.    Registration and replacement tag fee.

 

(d)       A duplicate metal license tag may be obtained from the Town Clerk upon payment of one dollar ($1.00) if such tag is lost or destroyed. The replacement fee shall be set by resolution of the Town Board.

 

Section 12.      Section 7-6-40(a) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

 

Sec. 7-6-40.    Dog or pot-bellied pigs running at large.

 

(a)       No owner, keeper, harborer or any other person who has assumed responsibility for a dog or pot-bellied pig shall permit such animal to run at large within the Town. Such animal shall be presumed to be running at large when it is neither on the premises of the owner, keeper, harborer or other responsible person, nor on a leash ten (10) feet or less in length, attached to the animal and held by or tied to a person. Such animal is also presumed to be at large when it is found at any place within the Town other than upon the premises of its owner, keeper or harborer and if it is found in any public area designated as being off limits for dogs or pot-bellied pigs, if such area has been designated by the Board of Trustees by resolution as being off limits and appropriate signs have been posted giving notice of the fact that dogs and pot-bellied pigs are not allowed.

 

Section 13.      Section 7-6-60 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

 

Sec. 7-6-60.    Impounding and redemption.

 

(a)       Any Town employee authorized by the Board of Trustees Town Manager may impound any dog or pot-bellied pig found to be running at large within the Town. Any such animal so impounded shall not be released by the Town or the agency having control of the animal until the appropriate impound fee has been paid either to the agency having control of the animal or to the Town. The owner or other person having legal right to possession of the dog or pot-bellied pig impounded pursuant to this Article may redeem such animal any time while the animal is still at such impound facility by paying a redemption fee, which redemption fee will be determined by the Town Clerk. The Town Clerk shall, no less frequently than annually, prepare a schedule setting forth the fees and boarding costs which must be paid prior to redemption. Such schedule shall be available from the Town Clerk upon reasonable request.

 

(b)       Any dog or pot-bellied pig which has been impounded and not redeemed shall be disposed of in a humane manner by the Weld County Humane Society, or a doctor of veterinary medicine, or other agency contracted to provide this service no sooner than seventy-two (72) hours after the animal has been impounded unless disease, injury or other unforeseen circumstance requires sooner disposition.

 

(c)       The Animal Control Officer Any authorized Town employee shall cause a summons and complaint to be issued charging a violation of Section 7-6-40 of this Article to each person who redeems a dog or pot-bellied pig if that person or member of his or her immediate family has redeemed the same animal from the Town's impound facility within the preceding six (6) months. Nothing in this Section shall be construed to limit the authority of any police officer or authorized employee of the Town to issue a summons and complaint for any violation of this Article, including first-time violations.

 

(d)       The Animal Control Officer or other An authorized Town employee shall make or cause to be made a written record of all impoundments and redemptions. Any person who has had a second redemption within a six-month period of time may be charged additional redemption fees in accordance with the schedule prepared by the Town Clerk as set forth in subsection (a) above.

 

Section 14.      Section 7-6-70(c) and (d) of the Keenesburg Municipal Code are hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

 

Sec. 7-6-70.    Rabies control.

 

(c)       Any animal which is found within the Town and which is suspected to be carrying rabies or parvo shall immediately be turned over to the Animal Control Officer any Town employee authorized by the Town Manager. The Animal Control Officer Any Town employee authorized by the Town Manager shall, at the owner's expense, quarantine the animal for an appropriate period of time and take such other steps as may be necessary to prevent the spread of rabies or parvo.

 

(d)       No person shall kill any suspected or confirmed rabid animal except upon the written consent of the Animal Control Officer a Town employee authorized by the Town Manager in defense of a human being or other animal or to prevent the escape of such suspected or confirmed rabid animal.

 

Section 15.      Section 7-6-80 of the Keenesburg Municipal Code is hereby repealed and reenacted to read as follows:

 

Sec. 7-6-80.    Nuisance animal.

 

(a)        Any animal exhibiting behavior set forth in this Section is hereby declared to be a nuisance animal. It shall be unlawful for any owner or custodian of an animal to allow said animal to:

 

(1)       Create a disturbance by loud and persistent or habitual barking, howling, yelping or other unreasonable noise; or

 

(2)       Cause offensive or noxious odors or exhibit any other conduct or create any other condition which disturbs the peace, safety or comfort of a neighborhood.

 

(b)       It shall not be a defense to a violation of this Section that the animal owner or custodian was not available to remedy such violation.

 

(c)        For purposes of this Section, persons shall not be deemed to have provoked, incited or caused the howling, barking or other unreasonable noise of an animal merely by the ordinary or reasonable use of private properties, public roadways, sidewalks or alleyways, or common areas of condominiums, townhouses or apartment buildings.

 

(d)       No summons and complaint shall be issued nor shall there be a conviction for a violation of Subsection (a)(1) above unless there are at least two (2) or more complaining witnesses from separate households who shall have signed such complaint and are willing to testify at trial.

 

(e)        Where a complainant presents to the employee authorized by the Town Manager at the time of the complaint other credible corroborative evidence of the alleged violation (such as a videotape), said evidence, if admissible, shall satisfy the requirement for the second complaining witness.

                                              

Section 16.      Section 7-6-110 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

 

Sec. 7-6-110.  Number of animals limited.

 

(a)       No person shall keep or harbor more than three (3) dogs or three (3) pot-bellied pigs, or combination of dogs and pot-bellied pigs exceeding three (3), over the age of five (5) six (6) months within the Town without having first obtained legal authority to operate a veterinary facility or animal shelter.

 

(b)       No person shall keep or harbor any other animals, wild, domestic or exotic, or livestock, within the Town which are not specifically permitted, other than pet animals.

 

(c)       No person or any number of persons living at any address shall possess, own, keep or harbor more than a total of three (3) animals per address or residence.

 

Section 17.      Section 7-6-120(b) of the Keenesburg Municipal Code is hereby repealed.

 

Section 18.      Section 7-6-140 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

 

Sec. 7-6-140.  Prohibited animals.

 

It In zone districts other than estate and agricultural zoning, it is unlawful for any person to keep or harbor any animals which are not specifically permitted, other than pet animals, within the Town. The keeping of such animals within the Town is declared to be a nuisance.

 

Section 19.      If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

 

Section 20.      All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

 

INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 18th day of July, 2017

 

TOWN OF KEENESBURG, COLORADO

 

 

____________________________________

Danny Kipp, Mayor

 

ATTEST:

 

 

___________________________________

Toni Pearl, Town Clerk