Ordinances 2024-03, 2024-04, 2024-05, 2024-06, 2024-07 were passed at the Regular Board of Trustees Meeting on September 9, 2024 are now in effect and will be enforced by Code Enforcement.
ORDINANCE NO. 2024-03
AN ORDINANCE AMENDING CHAPTER 10 ARTICLE 10 OF THE TOWN OF PIERCE MUNICIPAL CODE CONCERNING THE PROHIBITION OF FIREWORKS
WHEREAS, C.R.S. §12-28-107 provides that municipalities may adopt more restrictive limitations on the sale, use and possession of fireworks than those imposed under State law; and
WHEREAS, the Town of Pierce (the “Town”) current prohibits the sale, use or discharge of most fireworks; and
WHEREAS, the Board of Trustee of the Town (the “Board”) desires to amend the Town code regarding the restrictive provisions related to fireworks.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PIERCE, COLORADO, as follows:
Section 1. Chapter 10 Article 10 of the Pierce Town Code is repealed and reenacted to read as follows:
Section 10-10-10. – Fireworks – Definitions.
The following words, terms and phrases, when used In this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) Display means a supervised public display of fireworks by municipalities, fair associations, amusement parks or other organizations.
(b) Fireworks means any combustible or explosive composition, or any substance or combination of substances or particles prepared for the purpose of producing a visible or an audible effect by combustion. explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons that require lire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, Day-Glo bombs, any devices containing any explosive or flammable compound or any tablets or other devices containing any explosive substances, except that the term “'fireworks” shall not include automobile flares, sparklers or other devices of like construction, paper caps containing not in excess of an average of 0.25 of a grain of explosive content per cap manufactured in accordance with the interstate Commerce Commission regulations for packing and shipping as provided therein, and toy pistols, toy canes, toy guns or other devices for use of such caps, the same and use of which shall be permitted at all times.
(c) Permissible fireworks means the following small fireworks devices designed to produce audible or visual effects by combustion, complying with the requirements of the United States Consumer Product Safety Commission as set forth in 16 CFR 1500.1 to 1500.272 and 1507.1 to 1507.12, and classified as consumer fireworks UN0336 and UN0337 pursuant to 49 CFR 172.101:
1. Cylindrical fountains, total pyrotechnic composition not to exceed 75 grams each for a single tube or, when more than one tube Is mounted on a common base, a total pyrotechnic composition of no more than 200 grams;
2. Cone fountains, total pyrotechnic composition not to exceed 50 grams each for a single cone or, when more than one cone is mounted on a common base, a total pyrotechnic composition of no more than 200 grams;
3. Wheels, total pyrotechnic composition not to exceed 60 grams for each driver unit or 200 grams for each complete wheel;
4. Ground spinner, a small device containing not more than 20 grams of pyrotechnic composition venting out of an orifice usually in the side of the tube, similar in operation to a wheel, but intended to be placed flat on the ground;
5. Illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed 200 grams each;
6. Dipped sticks and sparklers, the total pyrotechnic composition of which does not exceed 100 grams, of which the composition of any chlorate or perchlorate shall not exceed five grams;
7. Any of the following that do not contain more than 50 milligrams of explosive composition:
a. Explosive auto alarms;
b. Toy propellant devices;
c. Cigarette loads;
d. Strike-on-box matches; or
e. Other trick noise makers;
8. Snake or glow worm pressed pellets of not more than two grams of pyrotechnic composition and packaged in retail packages of not more than 25 units;
9. Fireworks that are used exclusively for testing or research by a licensed explosives laboratory;
10. Multiple lube devices with:
a. Each tube Individually attached to a wood or plastic base;
b. The tubes separated from each other on the base by a distance of at least one-half of one Inch;
c. The effect limited to a shower of sparks to a height of no more than 15 feet above the ground;
d. Only one external fuse that causes all of the tubes to function in sequence; and
e. A total pyrotechnic composition of no more than 500 grams.
Section 10-10-20. – Manufacture, Sale, Use or Possession of Fireworks.
The possession, storage, sale, handling and use of fireworks is illegal except as set forth herein.
(a) The Town of Pierce may adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks and retail sale of fireworks within the Town.
1. Such permits may be granted upon application to the Town.
2. The Town may prescribe reasonable requirements for the issuance of such permits, including, but not limited to, a reasonable fee for such permits, the posting of an appropriate bond, limitation as to the type of fireworks displayed, time and location of such display, requirements concerning the licensure or certification of the operator of the display and disposal of unused fireworks.
3. Permits Issued by the Town for a public display of fireworks within the Town must be reviewed and approved in writing by the chief of police or designee. No permit Issued by the Town shall be valid in the absence of the written approval thereof by the chief of police or designee.
(b) Permissible fireworks may be possessed, stored, sold, handled and used within the Town by any individual age 16 years and older.
(c) Permissible fireworks may be possessed and used within the Town by an individual under the age of 16 years if the individual is under adult supervision.
Section 10-10-30. – Knowingly Provide Private Property for Possession or Use of Illegal Fireworks.
No one who owns, rents, leases or controls private property shall knowingly allow any person to possess or use fireworks, except for permissible fireworks as allowed in section 10-10-10, anywhere on said property.
Section 10-10-40. – Evidence.
The court shall not preclude evidence regarding violations of this chapter based solely on the fact that the firework was destroyed by its use, ignition, or discharge.
Section 10-10-50. – Seizure of Illegal Fireworks.
Members of the police or fire department shall seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale or stored or held in violation of this chapter.
Section 10-10-60. – Penalty.
Any person who violates this chapter commits a misdemeanor offense and shall be fined not less than $1,000.00.
Section 10-20-10. – Burning Prohibited.
No person shall burn weeds, leaves, limbs, trees, lawns, gardens, or any other refuse, or start any fires of any kind within the Town of Pierce, unless they have first obtained a burn permit from the Weld County Department of Public Health and Environment. Any person burning within the Town of Pierce shall comply with all applicable laws and regulations then in effect related to burning and which are promulgated in the Weld County, Colorado, Code.
Notwithstanding any of the foregoing, it shall be lawful for any person to burn limbs, and unvarnished wood, so long as such fire is in a fireplace, stove, grill, or outdoor fire ring being used for heating or cooking.
Section 2. In the opinion of the Board, this Ordinance is necessary for the preservation and protection of the health, safety, welfare and property of inhabitants and owners of property in the Town of Pierce.
Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance in each part, section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid.
Section 4. This ordinance shall be so interpreted and construed to effectuate its general purpose pursuant to the laws of the State of Colorado.
Section 5. The Town Clerk shall certify to the passage of this Ordinance and cause notice of its contents and passage to be published.
Section 6. Except as otherwise specifically provided herein, the provisions enacted by this Ordinance shall become effective thirty (30) days after publication as provided by law.
PASSED, ADOPTED AND APPROVED THIS 9th DAY OF SEPTEMBER, 2024.
TOWN OF PIERCE
By:
Cathy Ortiz, Mayor
ATTEST:
Kristina Duran, Town Clerk
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ORDINANCE NO. 2024-04
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 1 OF THE TOWN OF PIERCE MUNICIPAL CODE CONCERNING BUSINESS LICENSES
WHEREAS, the Board of Trustees (the “Board”) of the Town of Pierce (the “Town”) desires to amend certain provisions of the Town’s Code related to business licenses; and
WHEREAS, the Board finds that Chapter 6, Article 1 of the Municipal Code should be amended as further set forth in this Ordinance; and
WHEREAS, the Board believes that the changes set forth below are in the best interests of the Town and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PIERCE, COLORADO, as follows:
Section 1. Chapter 6, Article 1, Section 6-1-30 repealed and reenacted as follows:
Sec. 6-1-30. – Operating without license.
(a) Fines for Operating without License. If any business fails to obtain a license within 60 days of commencing operations, or fails to renew its license by March 1 of each year, it shall be subject to a fine in an amount set forth in the Town’s fee schedule. The Town will not issue a license if the applicant fails to complete all pages of the application.
(b) Cease and Desist. If any business is operating without a license, the Mayor may issue an order to the business to cease and desist all further operation until a license is issued for the business. The order shall give the business three days to pay all amounts due the Town; or to post a bond in the amount owing the Town and to request in writing a hearing with the Town Clerk. If the business does nothing, it shall cease operations on the third day. The hearing will be before the Board of Trustees. The proceedings shall not relieve or discharge anyone from the civil liability for the payment of the taxes, penalty and interest or from the prosecution of the offense.
Section 2. In the opinion of the Board, this Ordinance is necessary for the preservation and protection of the health, safety, welfare and property of inhabitants and owners of property in the Town of Pierce.
Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance in each part, section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid.
Section 4. This ordinance shall be so interpreted and construed to effectuate its general purpose pursuant to the laws of the State of Colorado.
Section 5. The Town Clerk shall certify the passage of this Ordinance and cause notice of its contents and passage to be published.
Section 8. Except as otherwise specifically provided herein, the provisions enacted by this Ordinance shall become effective thirty (30) days after publication as provided by law.
PASSED, ADOPTED AND APPROVED THIS 9th DAY OF SEPTEMBER, 2024.
TOWN OF PIERCE
By:
Cathy Ortiz, Mayor
ATTEST:
Kristina Duran, Town Clerk
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ORDINANCE NO. 2024-05
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE 2 OF THE TOWN OF PIERCE MUNICIPAL CODE CONCERNING OVERSIZED VEHICLES
WHEREAS, the Board of Trustees (the “Board”) of the Town of Pierce (the “Town”) desires to amend certain provisions of the Town’s Code related to oversized vehicles on streets; and
WHEREAS, the Board finds that Chapter 8, Article 2 of the Municipal Code should be amended as further set forth in this Ordinance; and
WHEREAS, the Board believes that the changes set forth below are in the best interests of the Town and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PIERCE, COLORADO, as follows:
Section 1. Chapter 8, Article 2, Section 8-2-140 is repealed and reenacted as follows:
Sec. 8-2-140. - Trucks, semi-trailers and oversized vehicles on streets.
It is unlawful to:
(1) Leave or park any semi-trailer, truck-tractor or oversized commercial vehicle in or at the side of any public residential street or roadway, with the following exceptions:
a. Loading or unloading moving vans or similar-type vehicles used for moving personal goods, for a period not to exceed 24 hours;
b. Temporary parking for purposes of pickup or delivery of a parcel or merchandise, for a period not to exceed two hours; and
c. Construction equipment or machinery employed in any authorized construction project, for a period not to exceed the completion of such construction or construction project.
(2) Leave or park any semi-trailer, truck-tractor or oversized commercial vehicle in any nonresidential public street or at the side of any street or on any public property or thoroughfare for a period in excess of 48 hours.
(3) Notwithstanding the foregoing, nothing in this provision shall be construed to prevent use of a commercial motor vehicle for personal conveyance, subject to the restrictions above related to parking the commercial motor vehicle on a public street or roadway.
Section 2. In the opinion of the Board, this Ordinance is necessary for the preservation and protection of the health, safety, welfare and property of inhabitants and owners of property in the Town of Pierce.
Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance in each part, section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid.
Section 4. This ordinance shall be so interpreted and construed to effectuate its general purpose pursuant to the laws of the State of Colorado.
Section 5. The Town Clerk shall certify to the passage of this Ordinance and cause notice of its contents and passage to be published.
Section 6. Except as otherwise specifically provided herein, the provisions enacted by this Ordinance shall become effective thirty (30) days after publication as provided by law.
PASSED, ADOPTED AND APPROVED THIS 9th DAY OF SEPTEMBER, 2024.
TOWN OF PIERCE
By:
Cathy Ortiz, Mayor
ATTEST:
Kristina Duran, Town Clerk
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ORDINANCE NO. 2024-06
AN ORDINANCE AMENDING CHAPTER 7, ARTICLE 3, OF THE TOWN OF PIERCE MUNICIPAL CODE CONCERNING THE ACCUMULATION OF GARBAGE, REFUSE AND RUBBISH
WHEREAS, the Board of Trustees (the “Board”) of the Town of Pierce (the “Town”) desires to amend certain provisions of the Town’s Code related to the storage and accumulation of garbage, refuse and rubbish; and
WHEREAS, the Board finds that Chapter 7, Article 3, Section 7-3-10 of the Municipal Code should be amended as further set forth in this Ordinance; and
WHEREAS, the Board believes that the changes set forth below are in the best interests of the Town and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PIERCE, COLORADO, as follows:
Section 1. Chapter 7, Article 3, Section 7-3-10 of the Pierce Town Code is amended to read as follows (deletions are indicated with a strikethrough and additions indicated with underline):
Sec. 7-3-10. - Accumulation of garbage, refuse and rubbish prohibited.
(a) The owner and occupant of any premises within the Town, whether business, commercial, industrial or residential premises, shall maintain the property in a clean and orderly condition, permitting no deposit or accumulation of materials other than those collected in conjunction with a business enterprise lawfully situated and/or licensed for such storage or collection. All garbage, 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 which by its nature is incapable of being stored in refuse containers shall be neatly stacked and stored. The number and size of refuse containers shall be sufficient to accommodate the accumulation of refuse 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.
(b) Any refuse or rubbish which by its nature is incapable of being stored in refuse containers, and any materials not customarily stored outdoors in residential neighborhoods, such as, but not limited to, construction materials, tires, pickup campers, truck bed covers, automobile parts, household appliances and upholstered furniture that is designed, manufactured and intended primarily for indoor use, shall be stored in such matter that it is not visible from any public street or sidewalk, not including public alleys.The storage of materials within a garage or other fully enclosed structure shall not be considered outdoor storage for the purposes of this Section. Notwithstanding the foregoing, construction materials may be stored outdoors on residential property for a period not to exceed 60 days if such materials are being used in the construction of a structure for which a building permit has been issued by the Town, or for a period not to exceed 30 days if such materials are being used for construction that does not require a building permit.
(c) No person shall store or permit to remain on any business, commercial, industrial or residential premises owned or occupied by such person any manure, refuse, animal or vegetable matter or any foul or nauseous liquid waste, garbage or rubbish, which is likely to become putrid, offensive or injurious to the public health, safety or welfare, for a period longer than seven days at any one time.
(d) The property owners and the prime contractors in charge of any construction site shall maintain the construction site in such a manner that refuse and rubbish will be prevented from being carried by the elements to adjoining premises. All refuse and rubbish from construction or related activities shall be picked up at the end of each workday and placed in containers which will prevent refuse and rubbish from being carried by the elements to adjoining premises.
(e) The accumulation of refuse and rubbish which constitutes or may create a fire, health or safety hazard or harborage for rodents or is hazardous to persons is unlawful and is hereby declared to be a nuisance and a nonconforming use of the premises.
(f) Discarded refuse shall be removed by the owner and occupant of any premises within the Town, whether business, commercial, industrial, or residential zones, so that the premises are clean and orderly at all times.
(g) No automobile parts shall be stored in plain view on property in residential zones.
Section 2. In the opinion of the Board, this Ordinance is necessary for the preservation and protection of the health, safety, welfare and property of inhabitants and owners of property in the Town of Pierce.
Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance in each part, section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid.
Section 4. This ordinance shall be so interpreted and construed to effectuate its general purpose pursuant to the laws of the State of Colorado.
Section 5. The Town Clerk shall certify to the passage of this Ordinance and cause notice of its contents and passage to be published.
Section 6. Except as otherwise specifically provided herein, the provisions enacted by this Ordinance shall become effective thirty (30) days after publication as provided by law.
PASSED, ADOPTED AND APPROVED THIS 9th DAY OF SEPTEMBER, 2024.
TOWN OF PIERCE
By:
Cathy Ortiz, Mayor
ATTEST:
Kristina Duran, Town Clerk
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ORDINANCE NO. 2024-07
AN ORDINANCE AMENDING CHAPTER 7, ARTICLE 2 OF THE TOWN OF PIERCE MUNICIPAL CODE CONCERNING INOPERABLE VEHICLES
WHEREAS, the Board of Trustees (the “Board”) of the Town of Pierce (the “Town”) desires to amend certain provisions of the Town’s Code related to abandoned and inoperable vehicles; and
WHEREAS, the Board finds that Chapter 7, Article 2 of the Municipal Code should be amended as further set forth in this Ordinance; and
WHEREAS, the Board believes that the changes set forth below are in the best interests of the Town and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PIERCE, COLORADO, as follows:
Section 1. Chapter 7, Article 2, Section 7-2-110 of the Pierce Town Code is repealed and reenacted to read as follows:
Sec. 7-2-110. – Inoperable Vehicles.
(a) It is unlawful for any person to permit an inoperable vehicle to be left upon any street, highway, alley or public property or for any owner or occupant in possession of any real property to cause or permit any inoperable vehicle to be kept upon any real property in the town, except under the following conditions, which shall constitute an affirmative defense:
(1) A vehicle is kept for no more than 60 days while waiting for parts or repair or awaiting settlement of an insurance claim.
(2) A vehicle is stored within a completely enclosed structure or, in nonresidential areas, the vehicle is screened by a concealing fence not less than six feet in height, which fence otherwise complies with ordinances applicable to fences rendering the vehicle not visible to persons on adjacent private or public property and not accessible by children.
(3) In a nonresidential area when the property is lawfully zoned for the storage of motor vehicles or vehicle repair.
(4) A maximum of one vehicle per lot or parcel of real property shall be permitted if said vehicle is entirely covered with a one-piece, opaque, heavy tarp or commercial car cover securely fastened at all times so as to be inaccessible to children or vandals, and weeds or trash are not allowed to accumulate around the vehicle. Vehicles kept pursuant to this subsection may be kept for not more than one year, or up to two years if the vehicle is registered to and being held for a member of a military service on active duty.
(b) No inoperable vehicle as authorized in this section shall be permitted unless such vehicle is owned by the owner or occupant of the premises upon which such vehicle is located or by members of the nuclear family of the owner or occupant.
(c) Any vehicle left upon any street, highway, alley or public property, or upon real property by the owner or occupant in possession of the real property, shall be deemed inoperable if the vehicle has not moved for a period of five (5) days.
Section 2. The following provision Section 7-2-110a is enacted as follows:
Section 7-2-110a – Removal and assessment.
(a) If any person fails to comply with the provisions of this article, in addition to the penalty provided therefor, a written notice may be served upon the owner or agent in charge of such property, such notice to be served personally or by mail, requiring the removal of the inoperable vehicle, abandoned vehicle or other vehicle in violation of this Code from the premises or the adjoining streets and alleys. Such notice shall require removal of the inoperable vehicle, abandoned vehicle or other vehicle within seven days after mailing or delivery of such notice, except that if such vehicle may create a fire, health or safety hazard or harborage for rodents, such notice shall require removal within 72 hours. If the inoperable vehicle, abandoned vehicle or other vehicle is not removed within the stated time and maintained within compliance for the remainder of the calendar year, the Town may remove or cause to be removed from the property such vehicles found on the premises or in the adjoining streets and alleys and assess the whole cost thereof, including 15 percent of the costs for inspection and other incidental costs in connection therewith, upon the land. The costs and any charges assessed by the Town pursuant to this article associated with removal of the vehicle shall be paid by the owner of the property or agent for such owner within 30 days after mailing of the bill or assessment of such cost by the town to said owner or agent. The Town shall have the right to proceed for the collection of any unpaid charges for vehicle removal in the manner provided by law for collection of debts and claims on behalf of the town, including, without limitation, collection and lien procedures provided in this section.
(b) In addition to any other means provided by law for collection, if any such assessment is not paid within 30 days after it is made and notice thereof is mailed, the same may be certified by the Town Clerk to the proper county authority and placed upon the tax list for the current year, and thereby collected in the same manner as other taxes are collected, with a 15-percent penalty thereon to defray the cost of collection, as provided by the laws of the state.
(c) Failure to pay, within ten days after mailing or delivery to the owner of the property, the amount assessed for vehicle removal as described in this section shall cause such assessment to become a lien against such lot, block or parcel of land associated with and benefiting from said services, and said lien shall have priority over all liens, except general taxes and prior special assessments, and the same may be effected at any time after such failure to so pay by recordation with county land records of a certification by the town, setting forth the costs to be charged against the property, the dates of service and descriptions of services giving rise to such charges. This lien and collection procedure is supplementary and additional to any collection procedures described elsewhere within this section or this Code.
Section 4. In the opinion of the Board, this Ordinance is necessary for the preservation and protection of the health, safety, welfare and property of inhabitants and owners of property in the Town of Pierce.
Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance in each part, section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid.
Section 6. This ordinance shall be so interpreted and construed to effectuate its general purpose pursuant to the laws of the State of Colorado.
Section 7. The Town Clerk shall certify to the passage of this Ordinance and cause notice of its contents and passage to be published.
Section 8. Except as otherwise specifically provided herein, the provisions enacted by this Ordinance shall become effective thirty (30) days after publication as provided by law.
PASSED, ADOPTED AND APPROVED THIS 9th DAY OF SEPTEMBER, 2024.
TOWN OF PIERCE
By:
Cathy Ortiz, Mayor
ATTEST:
Kristina Duran, Town Clerk