TOWN OF DEER TRAIL

555 2nd Ave

                    Deer Trail CO 80105

                                                              303-769-4464

 

 

 

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Oridinances

The ordinances listed here are approved ordinances. Ordiances are required to be read three (3) times and be published for 30 days before they become official.

Dog Ordinance

ORDINANCE 260

AN ORDINANCE CONCERNING THE REGULATION OF DOGS AND PROVIDING PENALTIES FOR VIOLATION HEREOF

WHEREAS, C.R.S. § 31-15-401 gives the governing body of each municipality the power and authority to pass and enforce all necessary police ordinances for the general welfare of its residents; to do all acts and make all regulations necessary or expedient for the promotion of health or the suppression of disease; and to declare what a nuisance is, the abatement process, and the imposition of fines;

WHEREAS, the Town has several outdated ordinances in effect regulating dogs that need updating; and

WHEREAS, the Board of Trustees of the Town of Deer Trail determines it is in the best interest of the Town to adopt this Ordinance.

BE IT ORDAINED BY THE BOARD OF TRUSTEES FOR THE TOWN OF DEER TRAIL, COLORADO, THAT:

Section 1.        Definitions.

1-1       For the purpose of this Ordinance, the following words shall have the following meaning unless context indicates otherwise:

DOG OWNER means any person possessing or harboring a dog.  The phrase shall also include any person who allows a dog to remain on his or her premises for a period of ten (10) days or more.

DOG means any animal of the canine species.

DOG, STRAY means any unlicensed or licensed dog found unattached or loose anywhere within Town limits.

DOG, MALE NEUTERED means any male dog which has been castrated.

DOG, SPAYED FEMALE means any female dog on which an ovariectomy or ovariohysterectomy has been performed by a licensed veterinarian and accompanied by a certificate asserting said operation has been performed.

DOG, UNALTERED means any dog that has not been neutered or spayed.

RABIES means a specific communicable disease of both wild and domestic animals, especially dogs and wolves, transmittable to humans by direct inoculation, including a bite of an infected animal, as defined by the "Public Health Department."

VACCINATIONS or VACCINATION FOR RABIES shall mean a standard rabies vaccine.

VICIOUS DOG shall mean a dog that bites or attacks human beings or other animals on public or private property without provocation.  The phrase shall also include a dog that, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks, or any public ground or place.

Section 2.        Dogs at Large.

2-1       Prohibition.  It shall be unlawful for any dog owner to allow their dog to run at large in the Town unless said dog is attached to a leash and is accompanied by its owner, some member of the owner's family, or some employee or agent of the owner.

2-2       Impoundment.  It shall be the duty of the Town-appointed Animal Control Officer to apprehend any dog found running at large and to impound such, pursuant to Section 4 of this Ordinance.  

Section 3.        Vicious Dog.

3-1       Vicious Dog.  No person shall own, keep, possess or harbor a vicious dog within the Town.

3-2       Muzzling and Confinement.  Vicious dogs shall be kept upon the premises of the owner at such a place to be least dangerous to newsboys, mail carriers, milk deliverymen, meter readers, and other persons lawfully upon said premises.

3-3       Impoundment.  It shall be the duty of the Animal Control Officer to apprehend any vicious dog and to impound such, pursuant to Section 4 of this Ordinance.  If a vicious dog cannot be captured by the Animal Control Officer, or his designee, without exposing himself or herself to danger of personal injury, the Animal Control Officer or his or her designee may destroy such dog without notice to the owner. 

Section 4.        Impoundment.

4-1       Registration upon Impoundment.  Upon impoundment of any dog, the Animal Control Officer shall make a complete registry of said dog, including identifying information and whether the dog is licensed.

4-2       Notice to Owner of Impounded Dog.  Not later than one (1) day after impounding any dog, the owner of said dog shall be notified.  If the owner is unknown, written notice shall be posted for three (3) days at two (2) or more conspicuous places in the Town describing the dog impounded.

4-3       Redemption of Impounded Dog.  The owner of any impounded dog may reclaim said dog.  If the impounded dog is not licensed, the owner shall pay the license fee within ten (10) of the dog being released.  All owners of impounded dogs are responsible for all costs and charges, including spay and neuter charges of unaltered dogs.

4-4       Impoundment Fees.  The following charges apply for all impounded dogs, and shall be paid to the Town Clerk prior to the impounded dog being released:

A.        Fifty Dollars ($50.00) for impounding any dog;

B.        Ten Dollars ($10.00) per day for maintenance of dog in suitable living quarters; and

C.        The above fees shall be doubled for secondary and all repeated offenses by same owners of recorded dogs within the same three-year period.

4-5       Impounded Dog Not Claimed.  If after a period of six (6) days of impoundment a dog is not redeemed, the Animal Control Officer may dispose of said dog.

4-6       Impounded Dog Diseased.  Any dog which appears to be suffering from rabies or affected with hydrophobia, mange, or other infectious disease or dangerous disease may not be released but may be destroyed.

Section 5.        Annual Vaccination of Dogs Required.

5-1       Duty to Vaccinate.  Every dog owner who owns or harbors any dog or dogs within Town limits shall have such dog or dogs vaccinated by a veterinarian licensed in the State of Colorado.

5-2       Certificate of Vaccination.  Every veterinarian performing vaccinations pursuant to Section 5-1 of this Ordinance shall furnish to the owner of the vaccinated dog a certificate of such vaccination.

5-3       Time Period of Vaccination.  Vaccinations pursuant to this Section shall be performed during the months of January, February and March of each calendar year.  If a person acquires or begins to harbor any dog between April 1 and December 31 of the calendar year, that person shall, immediately following the acquisition or harboring of such dog, have the dog inoculated for the remaining portion of the calendar year.

5-4       Imported Dogs.  All dogs which are brought into the Town must have been vaccinated not less than thirty (30) days, nor more than twelve (12) months prior to importation.  Said imported dog must have a tag affixed to its collar or harness evidencing such vaccination.

Section 6.        Annual Licensing of Dogs Required.

6-1       Duty to License.  Every person who owns or harbors a dog or dogs within the Town has the duty to obtain a license for said dog or dogs from the Town.

6-2       Time Period of Licensing.  Licenses issued pursuant to this Section shall be obtained during the months of January and February of each calendar year. If a person acquires or begins to harbor any dog between March 1 and December 31 of the calendar year, that person shall, immediately following the acquisition or harboring of such dog, have the dog licensed for the remaining portion of the calendar year.

6-3       License Fee.  The license fee per dog is fifteen dollars ($15.00).

6-4       Town Clerk.  The Town Clerk is responsible for issuing licenses pursuant to this Section.  The Town Clerk, upon receipt of proof of vaccination and the payment of the license fee, shall issue a license for the dog.  The license includes a license receipt and a tag to be attached to the collar or harness of the inoculated and licensed dog.

6-5       License Receipt.  Every dog owner has the duty to retain the license receipt for their licensed dog, and the receipt shall contain the following information:

A.        The name and address of the owner of the dog;

B.        The date of inoculation;

C.        The date the license was issued;

D.        The year and series number of the dog tag; and

E.         The breed, age, color, and sex of the dog.

6-6       Tags.  The dog tag issued pursuant to this Section shall be made of durable material suitable to be attached to the collar or harness of the licensed dog.  Each tag must state the year for which it was issued and the series number.  The dog owner shall have the duty to attach the tag to the collar and harness of the licensed dog and to ensure that the collar or harness is always worn by said dog.

6-7       Period of Validity.  Each license issued pursuant to this Section shall be valid for the calendar year in which it is obtained and for the months of January and February of the following year. 

6-8       Imported Dogs.  All dogs which are brought into the Town for more than thirty (30) days must be licensed in accordance with this Section.  If the dog, prior to being imported into the Town, possesses a current license in any municipality, county, or state, the Town Clerk shall exchange said license for a Town license upon the payment of the license fee as set forth in this Section.

6-9       Unlawful Possession of License.  It shall be unlawful for any person to posses a license receipt or tag provided by this Section unless the dog has been vaccinated and licensed in accordance with this Ordinance.  No person may affix a tag evidencing vaccination and licensing to the collar or harness of any dog, except for the tag issued for that dog at the time of licensing.

Section 7.        Infected Dogs.

7-1       Quarantine.  A dog which is known to have bitten or injured any person so as to cause an abrasion of the skin; or a dog which, in the opinion of a member of the Town-appointed Animal Control Officer or of a veterinarian licensed in the State of Colorado, appears to be afflicted with rabies, shall be closely confined by its owners in accordance with the directions of a member of the Town-appointed Animal Control Officer, for a period of not less than ten (10) days.

7-2       Proof of Immunization.  A dog which would otherwise be subject to quarantine may be released from said quarantine if the owner provides proof that the dog has been immunized and is up-to-date on its "booster" injections given by a qualified veterinarian.

7-3       Owner Located During Quarantine.  If the owner of the dog being quarantined by the Town, is located within ten (10) days of confinement, then the cost of the confinement shall be borne by the Town.

7-4       Owner not Located During Quarantine.  If the owner of a dog that is subject to quarantine is unknown or not located, is not found within the ten (10) days of confinement, the Town-appointed Animal Control Officer may order said dog destroyed.  The costs of such confinement shall be borne by the Town.

7-5       Rabies Detected During Quarantine.  If the dog being quarantined is determined to be suffering from rabies, it shall be destroyed.

7-6       Muzzling and Confine Proclamation.  The Mayor, if he deems it necessary to safeguard the public from the dangers of rabies, may issue a proclamation ordering every person owning or harboring a dog within Town limits to confine each dog securely or to muzzle the dog with a muzzle of sufficient strength to prevent it biting any person.  If the Mayor has issued such a proclamation and an unmuzzled dog is found running at large, such dog shall be seized and impounded.  Any unmuzzled dog so impounded that is noticeably infected with rabies and displaying vicious propensities shall be destroyed without notice to the owner.

7-7       Removal from Town Limits.  It shall be unlawful for any person that knows or suspects a dog of having rabies to take or to allow such dog to be taken beyond the Town limits without written permission of the Animal Control Officer.  Every owner or person upon ascertaining a dog is rabid shall immediately notify the Animal Control Officer or a police officer who shall either remove the dog to the Town Pound or to summarily destroy it.

Section 8.        Breeding and Boarding Dog Kennels.

8-1       Limits on Number of Dogs Per Residence.  There shall be no more than three (3) dogs per residence without the owner or occupant of such residence first obtaining a kennel license from the Colorado Department of Health and approval from the Town of Deer Trail Board of Trustees.

Section 9.        Enforcement and Penalties.

9-1       Enforcement.  The provisions of this Ordinance shall be enforced by an Animal Control Officer appointed by the Board.

9-2       Penalties.  Any owner of a dog found violating any provision of this Ordinance shall be punished by a fine of not more than four hundred and ninety-nine dollars ($499.00) per each offense.


 

Section 10.      If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby.

Section 11.      Repealer.  All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict.

Section 12.      Recording and Authentication.  Immediately upon its passage, this Ordinance shall be recorded in the Town of Deer Trail Book of Ordinances kept for that purpose, authenticated by the signatures of the Mayor and Clerk, shall be published as required by law.

Section 13.      Effective Date.  This Ordinance shall become effective thirty (30) days after final publication.

ADOPTED AND APPROVED this ____ day of __________________, 2019.

Code Enforcement Ordinances 

Ordinance NO 233

AN ORDINANCE RELATING TO THE DEFINITION AND ABATEMENT OF NUISANCES WITHIN
THE CORPORA TE LIMITS OF THE TOWN OF DEER TRAIL, REPEALING ALL ORDINANCES
IN CONFLICT THEREWITH; AND PROVIDING FOR VIOLATION THEREOF.
WHEREAS, the Town of Deer Trail, hereinafter referred to as the "Town," in the County of Arapahoe,
and State of Colorado, is the body corporate operating as a Town pursuant to the general statutes of the State of
Colorado; and
WHEREAS, Colorado Revised Statutes 31-15-40l(l)(a), (b), and (c), give the governing body of each
municipality the power and authority to pass and enforce all necessary police Ordinances for the general welfare
of the Town residents; to do all acts and make all regulations which may be necessary or expedient for the
promotion of health or the suppression of disease; and to declare what is a nuisance and abate the same and to
impose fines upon parties who may create or continue nuisances or suffer nuisances to exist; and
WHEREAS, the Town has several outdated Ordinances, in effect, which relate to the health, safety,
welfare, and best interests of the citizens of the Town in need of updating; and
WHEREAS, the Mayor, Trustees, Town Maintenance Personnel, Town Cler~ or any other person,
hereinafter referred to as the "Representative," may be directed or deputized by the Board of Trustees to
perform duties included in this Ordinance.
WHEREAS, the Town does have a municipal court in place, to hear and decide all matters concerning
alleged violations of the Town Ordinances; and
WHEREAS, the Board has determined that it is in the best interests of the_ citizens of the Town to create
an updated Ordinance which addresses nuisance and abatement of such nuisances which relate to health, safety,
and the welfare of the citizens of the Town;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
DEER TRAIL, COLORADO:

Section 1. Health & Welfare
1-1 Nuisance Defined. Anything which is injurious to the health or morals or indecent or offensive
to the senses or an obstruction of the free use of property so to interfere with the comfortable enjoyment of life
or property is declared a nuisance as such shall be abated.
1-2 Notice to Abate. Any state of things prohibited by the following sections and other valid
Ordinances shall be deemed a nuisance and any person who shall hereafter make or cause such nuisance to exist
shall be deemed the author thereof. Provided, that any person who shall have possession or control of any
private ground or premises, whether he is owner thereof or not, in or upon which any such nuisance shall exist
or may be found, whether such nuisance has been therefore or shall be hereafter created, shall be deemed guilty
of a separate offense, as the author of a nuisance, for every period of twenty-four (24) hours continuance of
such nuisance after due notice given to abate the same. The written notice of twenty-four (24) hours may be
given and served by such person ("deliverer") as appointed. Such offense or offenses may be punishable by a
fine not to exceed Five Hundred Dollars ($500.00) per offense.
1-3 Declaration of Nuisance. In the event that any such nuisance within or upon any private
premises or grounds is not abated forthwith after the notice herein provided shall be given, the Representative,
may be ordered to abate the same, which said order shall be executed without delay; and shall have the authority
to call for the necessary assistance therefore.
1-4 Abatement Without Notice. In case of any such nuisance in or upon any street, avenue, alley,
sidewalk, highway, or public grounds in the Town of Deer Trail, the Representative may abate the same forth
with or without such notice given.
1-5 Assistance to Abate Authorized. Any Representative who shall be duly authorized to abate any
nuisance specified in this Ordinance, shall have the authority to engage the necessary assistance and incur the
necessary expenses thereof.
1-6 Recovery of Expenses. The expense incurred by the Town of Deer Trail in abating any nuisance
may be recovered back by proper action, from the creator thereof.
1-7 Collection of Costs of Abatement by Town. In the event the nuisance on any lot, block or parcel
of ground, or along the sidewalk or alley adjoining the same, is abated by order of the Municipal Court Judge or
board, the whole cost of abatement, together with five percent for inspection and other incidentals, shall be paid
within thirty days after mailing by the Town Clerk to the owner of such lot, block, or parcel of ground, by
registered or certified mail, notice of the assessment of such cost.
1-8 Failure to Pay. Failure to pay such assessment within such period of thirty days shall cause such
assessment to become a lien against such lot, block, or parcel of land and shall have priority over all liens,
except general taxes and prior special assessments, and the same may be certified at any time, after such failure
to so pay the same, within thirty days, the Town Clerk to the County Treasurer to be placed upon the tax list for
the current year and to be collected in the same manner as other taxes are collected, with ten percent penalty to
defray the cost of collection.
1-9 Authority to Enter on Property. The Representative may enter upon any lot, block, or parcel of
land, with proper respect for the occupants' constitutional rights, to examine the same and to ascertain whether
any such nuisance exists, and shall be free from any action of liability on account thereof.

Section 2. Rubbish
2-1 Definitions. For the purposes of this chapter, the word "rubbish" shall mean and include any
grass clippings, leaves, hay, straw, manure, shavings, excelsior, paper, ashes, rubbish, containers, boxes, glass,
cans, bottles, garbage, waste, and discarded building and construction materials, including but not limited to
plaster, broken concrete, bricks, cinder blocks, stones, wood, roofing material, wire or metal binding, sacks or
loose discarded or unused material; all rubbish or rubbish of any kind or character or by any means known.
2-2 Accumulation Prohibited. No person shall deposit or place any rubbish in such a manner that the
same is or tends to become a nuisance or in such a manner endangers or tends to endanger the public health. No
person having the occupancy, control or management of any new premises shall cause or permit any rubbish to
be accumulated thereon in such manner that the same is or tends to become a nuisance or in such a manner as
endangers or tends to endanger the public health.
2-3 Discard Rubbish. No rubbish of any kind or nature whatsoever shall be thrown or swept into any
street, sidewalk, gutter, sewer, intake, alley, vacant lot, or other property.
2-4 Responsibility of Owners. It shall be the duty of every person, whether owner, lessee, or renter
of a vacant lot, building or premises, including any place of business, hotel, restaurant, dwelling house,
apartment, tenement or any other establishment, at all times to maintain the premises in a clean and orderly
condition, permitting no deposit or accumulation of rubbish or materials other than those ordinarily attendant
upon the use for which such premises are legally intended. Any such accumulation shall constitute a nuisance,
and shall be conforming in the use of such premises.
2-5 Removal from Construction Sites. All plaster, broken concrete, bricks, cinder blocks, stones,
wood, roofing material, wire or metal binding, sacks or loose discarded or unused material of any kind resulting
from the wrecking, constructing, or reconstructing of any room, basement, wall, fence, sidewalk, or building
shall be promptly removed or discarded in such a manner as not to be scattered about by the wind or otherwise
as soon as possible be removed by the person responsible for such work. Such person shall be held liable for
any scattering of such rubbish upon adjacent property.
2-6 Manure. Other than a light spread of manure which may be applied on lawns or gardens for
fertilizing purposes, manure shall not be kept on any property for any purpose, or kept in any place for later use,
but shall be either plowed under or removed by the owner, occupant, or agent.

Section 3. Weeds
3-1 Accumulation of Weeds Prohibited. No owner of any lot, block, or parcel of ground within the
Town, nor any tenant or agent in charge thereof, shall allow or permit weeds to grow, or remain when grown,
on such lot, block, or parcel of ground or on or along any sidewalk adjoining the same, or in the alley behind the
same, but such weeds shall be cut close to the ground and kept so cut.

Section 4. Nuisances
4-1 Deposits of Junk, Rubbish, and Debris Prohibited.
Definitions:
A. "Junk" as used in this section shall include, but not be limited to, scrap lumber, scrap
metals, and materials, discarded furniture, fixtures, appliances, motor vehicle parts and tires, and all wrecked,
abandoned, demolished dismantled, and no operable motor vehicles, machinery, trailers, and other goods that
are so worn or deteriorated as to make them unusable in their existing condition.
B. "Rubbish" and "debris" as used herein shall be construed to mean all waste, rubbish, and
rejected matter and material, whether animal, vegetable, or mineral, manufactured or natural.
C. "Junked or inoperable motor vehicles" as used in this section shall be construed to mean
any motor vehicle which:
1. Does not bear current and valid license plates and which the owner or possessor
thereof cannot establish as being capable to travel under its own power in its existing condition; or
2. Is not capable to travel under its own power in its existing condition; or
3. Is substantially wrecked, demolished, or dismantled as to be inoperable.
D. "Travel under its own power" means the vehicle must be able to be started, stopped,
driven forward and backward, and all tires inflated.
4-2 Deposits or Accumulations Prohibited. It shall be deemed a nuisance and unlawful to deposit,
accumulate, store, keep, abandon, or to allow the deposit, accumulation, storage, keeping or abandonment of
junk, including junked or inoperable motor vehicles, rubbis~ debris, or scrap materials on private or public
property within the Town in other than areas zoned for such deposits, accumulation, storage or keeping of junk,
rubbish, or debris. Provided further, this section shall not apply to a motor vehicle described in paragraphs (1 ),
(2), or (3) of this section if (1) said motor vehicle is stored in a covered building or garage, or (2) said vehicle is
completely covered with a non-transparent covering at all times except when said vehicle is being worked upon
and there are not more than two (2) of such vehicles either covered or being worked upon on the premises at
any one time, and said vehicle is owned by the owner or occupant of the premises or members of the family of
the owner or occupant. As used in this section, the term "being worked upon" means in the actual process of
repair with the person making the repairs, physically present at the location of the motor vehicle.

Section 5. Control of Public Property
5-1 Maintenance. All sidewalks and curb walks shall be maintained with an even surface in good
repair and in conformity with the established grade of the streets along which they are constructed.
5-2 Duty to Keep Clean. It shall be the duty of all owners or occupants of every premise within the
Town of Deer Trail to keep the sidewalks and curb walks in front of and adjacent to the tenements and grounds
occupied by them free and clear of snow, ice, mud, dirt, debris, rubbis~ and filth.
5-3 Encroachments Prohibited. No encroachment or obstruction whatever, other than provided by
law, authorized by the Board, or by Ordinance of the Town, shall be made or placed upon any street, alley,
sidewalk, curb walk, or other public place within the Town.
5-4 Notice and Removal of Encroachments. Whenever any encroachment or obstruction, including
ice, snow, mud, dirt, debris, rubbish, and filth, is made, located, permitted, or maintained contrary to this
Ordinance, the Representative shall give notice to the person who made, caused or permitted same, or to the
person who owns or controls the premises on which same is located or connected, directing such person to
remove such encroachment or obstruction within forty-eight ( 48) hours after receipt of the notice. In the event
such notice shall not be obeyed, the Representative may order the removal of the encroachment or obstruction
and the costs and expenses of such removal shall be assessed against the responsible person.
5-5 Disturbance of Grade Stakes. It shall be unlawful for any person to remove or disturb any grade
or line stakes or marks set by the Town, or an agent of the Town.
5-6 Authority and Supervision. All work on any excavation, cut, trench, or opening in or under any
street, sidewalk, curb, gutter, curb walk, alley, or other public place shall be done only on authority of the Town
Board and such work shall be supervised by the Town Maintenance Personnel.
5-7 Barricades and Lights. Every person making or causing to be made any excavation shall keep
the excavation barricaded at all times and, between the hours of sunset and sunrise, he shall keep such
excavation properly lighted so as to warn all persons thereof.

Section 6. Penalties and Procedures
6-1 The Town Board shall appoint an official to enforce the provisions of this ordinance. Such
official shall have at least the minimum training or education necessary to interpret and enforce the provisions
of this ordinance.
6-2 The official is hereby authorized to make such inspections and take such actions as may be
required to enforce the provisions of this ordinance.
6-3 When it is necessary to make an inspection to enforce the provisions of this ordinance, or when
the official or the official's authorized representative, has reasonable cause to believe that there exists a
condition which is contrary to or in violation of this ordinance, the official may enter the premises at reasonable
times to inspect or to perform the duties imposed by this ordinance, provided that if such premises is occupied
that credentials be presented to the occupant and entry requested. If such building or premises were
unoccupied, the official shall first make a reasonable effort to locate the owner or other persons having charge
or control of the premises and request entry. If entry is refused, the official shall have recourse to the remedies
provided by law to secure entry.
6-4 All properties which are determined after inspection by the official to be a nuisance as defined in
this ordinance are hereby declared to be public nuisances and shall be abated in accordance with the procedures
set forth in this ordinance.
6-5 It shall be unlawful for any person, firm, or corporation to maintain any property or cause or
permit the same to be done in violation of the terms of this ordinance. Those persons or entities in violation of
the provisions of this ordinance may be subject to a fine not to exceed Five Hundred Dollars ($500.00) for each
violation of this ordinance, for each day that the property is not in compliance with the provisions of this
ordinance.

Section 7. Notices and Orders of the Official
7-1 When the official has inspected or caused to be inspected any property and has found and
determined that such building is a nuisance, the official shall commence proceedings to cause the removal of the
nuisance.
7-2 The official shall issue a notice and order directed to the record owner of the property. The
notice and order shall contain the following:
A. The street address and a legal description sufficient for identification of the premises
upon which the nuisance is located.
B. A statement that the official has found a nuisance with a brief and concise description of
the conditions found to render a nuisance under the provisions of this ordinance.
C. A statement of the action required to be taken as determined by the official.
1. If the official has determined that the nuisance must be removed, the order shall
require that removal commence within such time (not to exceed sixty days from the date of the order) and
completed within such time as the official shall determine is reasonable under all of the circumstances.
D. Statements advising that any person having any record title or legal interest in the
property may appeal from the notice and order or any action of the official to the Town Board, provided the
appeal is made in writing and filed with the Town Clerk within thirty days from the date-of service of such note
and order; and that failure to appeal in a timely manner will constitute a waiver of all right to an appeal hearing.
Any appeal shall state with specificity the reasons for the appeal.
F. Statements advising that the municipal court may enforce the order for the Town of Deer
Trail.
G. Service of the Notice and Order may be made upon the owner of the property by either
mailing a copy of the notice and order to the owner by certified mail, delivering a copy of the notice and order
to the owner at his address or wherever he or she may be found, and/or by posting such notice and order to the
front door or other visible portion of the subject property.
Section 8. Repeal
Existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby
repealed and all Ordinances or parts of Ordinances inconsistent with the provisions of 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 taking effect of this
Ordinance.
Section 9. Effective Date
This ordinance shall take effect thirty days after passage and publication.
INTRODUCED, READ, ADOPTED AND APPROVED this sixth day of June, 2006.
TOWN OF DEER TRAIL, COLORADO

Ordinance NO 239

AN ORDINANCE TO AMEND TOWN OF DEER TRAIL ORDINANCE NO. 233 CONCERNING
APPEALS OF NOTICES AND ORDERS ISSUED UNDER THE ORDINANCE TO THE DEER TRAIL
BOARD OF TRUSTEES.
WHEREAS, Colorado Revised Statutes 31-15-401 gives to the governing body of each municipality the
power and authority to pass and enforce all necessary police ordinances for the general welfare of the Town
residents; to do all acts and make all regulations which may be necessary or expedient for the promotion of
health or the suppression of disease; and to declare what is a nuisance and to abate the same and to impose fines
upon parties who may create or continue nuisances or suffer nuisances to exist; and
WHEREAS, Ordinance No. 233 was passed for such purposes and has been amended by Ordinance No.
236;and
WHEREAS, Section 7D of Ordinance No. 233 allows for decisions made by the acting Town official
which result in the issuance of a Notice and Order to a landowner to be appealed in a timely and specific
manner to the Town Board of Trustees; and
WHEREAS, the Board of Trustees for the Town of Deer Trail, Arapahoe County, Colorado, hereinafter
referred to as the "Board," has determined that due process can best be afforded to a landowner cited under the
Ordinance by allowing the Deer Trail Municipal Court Judge, as an impartial fact finder, to hear the evidence
presented and to make an impartial decision based upon the evidence; and
WHEREAS, the Board has also determined that an appeal to the Board would thus serve no useful
purpose and would prolong ultimate and proper determination of the status of a subject property;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
DEER TRAIL, COLORADO:

Section 1. Amendment of Ordinance No. 233, Section 7
Upon the adoption of this Ordinance, Section 7D shall be deleted entirely.
Section 2. Validity
If any part or parts of this Ordinance are for any reason held to be invalid such decision shall not affect
the validity of the remaining portions of this Ordinance. The Board hereby declares that it would have passed
this Ordinance and each part or parts thereof, irrespective of the fact that any part or parts be declared invalid.
Section 3. Repeal
Existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby
repealed and all Ordinances or parts of Ordinances inconsistent with the provisions of 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 taking effect of this
Ordinance.
Section 4. Effective Date
This ordinance shall take effect thirty days after passage and publication of the Ordinance as
provided by law and shall be recorded in the Book of Ordinances, thereafter.
ADOPTED AND APPROVED this seventh day of June, 2007.
TOWN OF DEER TRAIL, COLORADO

Ordinance NO 236

AN ORDINANCE TO AMEND TOWN OF DEER TRAIL ORDINANCE NO. 233 RELATING TO THE
DEFINITION OF JUNKED AND/OR INOPERABLE MOTOR VEHICLES.
WHEREAS, Colorado Revised Statutes 31-15-401 gives to the governing body of each municipality the
power and authority to pass and enforce all necessary police ordinances for the general welfare of the Town
residents; to do all acts and make all regulations which may be necessary or expedient for the promotion of
health or the suppression of disease; and to declare what is a nuisance and to abate the same and to impose fines
upon parties who may create or continue nuisances or suffer nuisances to exist; and
WHEREAS, the Board of Trustees for the Town of Deer Trail, Arapahoe County, Colorado, hereinafter
referred to as the "Board," has determined that a portion of Ordinance No. 233 should be amended for purposes
of clarity and effect;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
DEER TRAIL, COLORADO:
Section 1. Amendment of Ordinance No. 233 and Applicable Previous Ordinances
Upon the adoption of this Ordinance, Section 4, 4-1 ( c) shall be amended to state as follows:
(c) "Junked or inoperable motor vehicle shall mean any automobile, truck, tractor, motorcycle, or
self-propelled vehicle which is in a condition of being junked, wrecked, wholly or partially dismantled,
discarded, abandoned, or unable to perform the function or purpose for which it was originally
constructed. The existence of any of the following conditions shall raise the presumption that a vehicle
is inoperable:

Section 2.
The vehicle does not bear current and valid license plates with effective registration
evidence upon the plates of the vehicle.
The vehicle cannot travel under its own power in its existing condition meaning that the
vehicle cannot be started, or when started, stopped, driven forward and backward, with
all tires inflated.
The placement of the vehicle or parts thereof upon jacks, blocks, chains, or other
supports.
The absence of one ( 1) or more parts of the vehicle necessary for the lawful operation of
the vehicle upon the streets and highways.
Validity
If any part or parts of this Ordinance are for any reason held to be invalid such decision shall not affect
the validity of the remaining portions of this Ordinance. The Board hereby declares that it would have passed
this ordinance and each part or parts thereof, irrespective of the fact that any part or parts be declared invalid.

Section 3. Repeal
Existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby
repealed and all Ordinances or parts of Ordinances inconsistent with the provisions of 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 taking effect of this
Ordinance.

Section 4. Emergency Exists
This Board has determined that if this Ordinance is not approved, passed, and effective as of the date
of the regular meeting, as reflected in signature below, that enforcement of ordinance No. 233 may be hampered
by conflicting interpretations thereof. Accordingly, the Board has determined that an emergency exists and
ordains that this ordinance shall take effect immediately upon passage.
ADOPTED AND APPROVED this second day of January, 2007.
TOWN OF DEER TRAIL, COLORADO
ATTEST:

Ordinance NO 241

AN ORDINANCE TO AMEND TOWN OF DEER TRAIL ORDINANCE NO. 233 CONCERNING
APPEALS OF NOTICES AND ORDERS ISSUED UNDER THE ORDINANCE TO THE DEER TRAIL
BOARD OF TRUSTEES.
WHEREAS, Colorado Revised Statutes 31-15-401 gives to the governing body of each municipality the
power and authority to pass and enforce all necessary police ordinances for the general welfare of the Town
residents; to do all acts and make all regulations which may be necessary or expedient for the promotion of
health or the suppression of disease; and to declare what is a nuisance and to abate the same and to impose fines
upon parties who may create or continue nuisances or suffer nuisances to exist; and
WHEREAS, Ordinance No. 233 was passed for such purposes and has been amended by Ordinance No.
236;and
WHEREAS, Section 4-2 of Ordinance 233 refers to the prohibition of junk in the Town of Deer Trail
except for areas that may be "zoned" for such junk; and
WHEREAS, the Town of Deer Trail does not currently have zoning classifications and the reference to
"zones" or "zoned" may confuse residents as to uses allowed in an area of Town;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
DEER TRAIL, COLORADO:

Section 1. Amendment of Ordinance No. 233, Section 4
Upon the adoption of this Ordinance, the first sentence of Section 4-2 shall be amended to state as
follows: "It shall be deemed a nuisance and unlawful to deposit, accumulate, store, keep, abandon, or to allow
the deposit, accumulation, storage, keeping or abandonment of junk, including junked or inoperable motor
vehicles, rubbish, debris, or scrap materials on private or public property within the Town." The remainder of
the sentence, i.e. "in other than areas zoned for such deposits, accumulation, storage, or keeping of junk,
rubbish, or debris," shall be deleted.

Section 2. Validity
If any part or parts of this Ordinance are for any reason held to be invalid such decision shall not affect
the validity of the remaining portions of this Ordinance. The Board hereby declares that it would have passed
this Ordinance and each part or parts thereof, irrespective of the fact that any part or parts be declared invalid.

Section 3. Repeal
Existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby
repealed and all Ordinances or parts of Ordinances inconsistent with the provisions of 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 taking effect of this
Ordinance.

Section 4. Effective Date
This Ordinance shall take effect thirty days after passage and publication of the Ordinance as
provided by law and shall be recorded in the Book of Ordinances, thereafter.
ADOPTED AND APPROVED this fourth day of September, 2007.
TOWN OF DEER TRAIL, COLORADO

Ordinance NO 242

AN ORDINANCE TO REGULATE PLACEMENT, STYLE, HEIGHT, SETBACK, AND OTHER
ASPECTS OF FENCES, HEDGES, AND WALLS, INCLUDING PERMITTING FOR
CONSTRUCTION, AND FOR ENFORCEMENT, ABATEMENT, AND PENALTIES FOR
VIOLATION THEREOF, AND TO AMEND TOWN OF DEER TRAIL ORDINANCE NO. 233,
SECTION 4, 4-2 PERTAINING TO JUNKED OR INOPERABLE MOTOR VEHICLES.
WHEREAS, Colorado Revised Statutes 31-15-401 gives to the governing body of each municipality the
power and authority to adopt building standards, and to regulate and restrict the height, location, and use of
structures within the municipality, including the type, substance, height, and location of fences, hedges, and
walls; and
WHEREAS, the Board of Trustees of the Town of Deer Trail, hereinafter referred to as the board, has
determined that safety and other factors mandate that the Town should adopt an Ordinance regulating the type,
substance, height, and location of fences, hedges, and walls located or constructed within the Town, and that a
permitting process should be adopted to insure compliance with the Ordinance; and
WHEREAS, the Board has further determined that appropriate fencing may be an option for those
landowners involved with the repair or storage of junked or inoperable motor vehicles, as described in Section
3-2, of Section 3 of Ordinance No. 233, as amended by Ordinance No. 236;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
DEER TRAIL, COLORADO:

Section 1. Fences, Hedges, and Walls.
Fences, hedges, and walls shall be allowed upon any residential or commercial property within the
Town of Deer Trail, subject to the following conditions and requirements:
1-1 Walls or fences may be made of rock and mortar constructed under industry accepted standards
of masonry. Fences may also be constructed of ornamental iron, chain link, wood picket, solid wood, strong
barn, and fence plastic, as generally used in the geographical area. No other style or materials may be used
without the written consent of the Board including use of plywood, pressboard, wafer board, chipboard,
cardboard, aluminum, wood pallets, tarp material, black plastic, or similar materials or styles. Further, no fence
shall be constructed of barbed wire or sharp pointed materials, be electrically charged, or be visibly displeasing
or objectionable to the general public.
1-2 Hedges may be grown of any plant, bush, or tree typically used as a hedge, provided that the
hedge is trimmed and complies with all applicable Town Ordinances.
1-3 All fences, hedges, and walls shall be subject to the applicable sections of any Ordinance of code
of the Town of Deer Trail.
1-4 No fence, hedge, or wall shall be placed upon Town property, including any easement used by or
granted to the Town of Deer Trail, without the written consent of the Town through its designated officer or
agent. It shall be the responsibility of the property owner to locate all property lines prior to the placement of a
fence, hedge, or wall.
1-5 Fences, hedges, or walls shall not exceed four feet (4') in height when such fences are located
within the front yard of the landowner's property or within thirty feet (30') of the Town streets. Side and
backyard fences shall not exceed six feet (6') in height unless such fence creates a visual safety problem as to
automobile drivers on streets or entering or exiting an alley. In no event shall a fence, hedge, or wall obstruct
1 the vision of automobile traffic on Town streets, driveways, or alleys, as determined by the Town. Fences may
extend to twelve feet (12 ') in height for tennis courts, or other approved recreation purposes if a visual safety
problem is not created by doing so.
1-6 Any such fence, hedge, or wall which was constructed prior to the adoption of this Ordinance
shall be allowed to remain where located unless the Town determines that the placement of the fence, hedge, or

Ordinance No. 242
wall constitutes a safety problem, public nuisance, restricts the vision of automobile drivers and bicyclists
turning on a public street, turning into or out of an alley, is not constructed or approved material, or if the
placement of the fence, hedge, or wall interferes with a Town Ordinance, policy, or proper exercise of the Town
police power. In such case the Town shall give written notice to the owner of the fence, hedge, or wall
notifying the landowner to remove the fence, hedge, or wall for the reasons given, such notice to direct the
fence, hedge, or wall to be removed within thirty (30) days of the date of the notice.

Section 2. Permit Required For Fence and Walls
Prior to the construction or replacement of a fence or wall, the landowner shall apply for a permit on a
form provided by the Town Clerk. The application shall require the name and address of the landowner and the
subject real property, the nature of the fence or wall to be constructed or replaced, the style and material of the
fence or wall, a sketch as to where the fence or wall will be located (in relation to structures and Town property)
with applicable distances represented on the sketch, and any other information deemed to be relevant by the
Board as required by this Ordinance. The cost of the permit shall be the .25% of the material cost as imposed
by the Arapahoe County Open Space tax and Ten Dollars ($10.00) to pay for administrative costs.

Section 3. Amendment of Ordinance No. 233, Section 4, 4-2
Upon the adoption of this Ordinance, Section 4-2 of Ordinance No. 233, Section 4, shall be amended to
state as follows:
"4.2 Deposits or Accumulations Prohibited. It shall be deemed a nuisance and unlawful to deposit,
accumulate, store, keep, abandon, or to allow the deposit, accumulation, storage, keeping or abandonment of
junk, including junked or inoperable motor vehicles, rubbish, debris, or scrap materials on private or public
property within the Town. Provided further, this section shall not apply to a motor vehicle described in
paragraphs (1), (2), or (3) of this section if (1) said motor vehicle is stored in a covered building or garage, or
(2) said vehicle is completely covered with a non-transparent covering at all times except when said vehicle is
being worked upon and there are not more than two (2) of such vehicles either covered or being worked upon
on the premises at any one time, and said vehicle is owned by the owner or occupant of the premises or
1 members of the family of the owner or occupant, or (3) the motor vehicle or vehicles are screened from public
view by a fence or wall at least six (6) feet in height, which meets the material, placement, and other
requirements as to the construction or replacement of fences and walls as set forth by Town Ordinance.
However, the placement of inoperable or junked vehicles as may be allowed by a screening fence or wall will
not excuse or relieve the landowner from maintaining the areas behind the fence or as may be covered by a nontransparent
covering, free from rubbish and weeds and from maintaining the property free of health, safety, and
fire hazards."

Section 4. Abatement and Penalty
4.1 Abatement. Should any fence, hedge, or wall be constructed, maintained, replaced, or planted
within the Town of Deer Trail, either without the landowner first obtaining a permit for a fence or wall and/or
the fence, hedge, or wall being in violation of the provisions of this Ordinance, the Town may provide written
notice to the landowner requiring that the landowner take action to cease and desist construction of the fence or
wall, or that the landowner's prope11y be brought into compliance with Town Ordinances within a reasonable
time, such time not to exceed thirty (30) days from the date of the notice. If the landowner fails or refuses to
bring the offending property into compliance, the Town may seek enforcement through the Deer Trail
Municipal Court. Remedies available to the Town shall include the right to bring the offending property into
compliance and to access the costs, including the Town's reasonable attorney fees incurred in the enforcement
of this Ordinance, to the offending property.
4.2 Penalty. It shall be unlawful for any person, firm, or corporation to maintain any property or
1cause or permit the same to be done in violation of the terms of this Ordinance. Those persons or entities in
violation of the provisions of this Ordinance may be subject to a fine not to exceed Five Hundred Dollars
($500.00) for each violation of this Ordinance, for each day that the property is not in compliance with the
provisions of this Ordinance.
Ordinance No. 242 2

Section 5. Validity
If any part or parts of this Ordinance are for any reason held to be invalid such decision shall not affect
the validity of the remaining portions of this Ordinance. The Board hereby declares that it would have passed
this Ordinance and each part or parts thereof, irrespective of the fact that any part or parts be declared invalid.

Section 6. Repeal
Existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby
repealed and all Ordinances or parts of Ordinances inconsistent with the provisions of 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 taking effect of this
Ordinance.

Section 7. Effective Date
This Ordinance shall take effect thirty days after passage and publication of the Ordinance as
provided by law and shall be recorded in the Book of Ordinances, thereafter.
ADOPTED AND APPROVED this ninth day of October, 2007.
TOWN OF DEER TRAIL, COLORADO
ATTEST:

Ordinance NO 238

THE BOARD OF TRUSTEES OF THE TOWN OF DEER TRAIL, ARAPAHOE COUNTY,
COLORADO, DOES HEREBY ORDAIN AND RESOLVE TO IMPOSE AN ADMINISTRATIVE FEE
FOR THE ISSUANCE OF BUILDING PERMITS.
WHEREAS, Colorado Revised Statutes 31-15-601, et. seq., empowers and authorizes municipalities to
regulate the construction and condition of buildings within the municipalities; and
WHEREAS, the Town does require application for and issuance of building permits for construction
taking place within the Town; and
WHEREAS, the Board of Trustees of the Town has determined that the assessment of an administrative
fee is necessary due to the time spent in the application and issuing process and is in the best interests of all of
the citizens of the Town of Deer Trail;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
DEER TRAIL, COLORADO:

Section 1. Assessment of Fee for Issuance of Building Permits
Upon adoption of this Ordinance, a flat fee of Twenty Five Dollars ($25.00) shall be charged upon
the acceptance of and prior to the issuance of a building permit for construction taking place within the
Town of Deer Trail or for any other activity requiring the issuance of a building permit.

Section 2. Validity
If any part or parts of this Ordinance are for any reason held to be invalid such decision shall not
affect the validity of the remaining portions of this Ordinance. The Board hereby declares that it would
have passed this Ordinance and each part or parts thereof, irrespective of the fact that any part or parts be
declared invalid.

Section 3. Repeal
Existing or parts of Ordinances covering the same matters as embraced in this Ordinance are
hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of 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 taking effect of this Ordinance.

Section 4. Publication
This Ordinance shall take effect thirty days after the publication of this Ordinance. The Clerk
will record this Ordinance in the Book of Ordinances and make arrangements for publication of this Ordinance
at the first available date.
INTRODUCED, READ, ADOPTED AND APPROVED this 3rd day of April, 2007.
TOWN OF DEER TRAIL, COLORADO

Ordinance NO 222

THE BOARD OF TRUSTEES OF THE TOWN OF DEER TRAIL, ARAPAHOE COUNTY,
COLORADO, DOES HEREBY ORDAIN AND RESOLVE TO PROHIBIT AND REMOVE
ENCROACHMENTS OR OBSTRUCTIONS OF TOWN STREETS AND ALLEYS.
WHEREAS, Colorado Revised Statute 31-15-702 empowers and authorizes municipalities to prohibit
and remove encroachments or obstructions to public streets and alleyways; and
WHEREAS, the Town of Deer Trail, hereinafter referred to as the "Town," through a wastewater
improvement project has or will be installing wastewater lines in certain of the alleys, both platted and
unplatted, of the Town, which alleys and easements may already have other public and private utility lines
located beneath the soil of the alleys and easements; and
WHEREAS, the Board of Trustees of the Town, hereinafter referred to as the "Board" have determined
that it is in the best interests of the citizens of the Town, that Town personnel be able to have clear access to the
alleys and utilities for the purpose of installing, maintaining, repairing, and otherwise exercising control over
both the wastewater lines and other utilities that are buried, or will be buried, in the alleyways of the Town;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
DEER TRAIL, COLORADO:

Section 1. Encroachment or blockage of town alleys prohibited
It will be unlawful for any person or entity to blocf; encroach upon; deposit rubbish, vehicles, or
personal property upon; to construct any improvement -0r other permanent structure upon; to allow the
growth of trees or brush upon or overhanging thereof; to interfere with; or otherwise impede the
reasonable flow of traffic through the alleyways, or to impede the Town, through its employees and
agents, in the installation, maintenance, and repair of utilities located on and underneath the
alley/easement.

Section 2. Validity
If any part or parts of this Ordinance are for any reason held to be invalid such decision shall not affect
the validity of the remaining portions of this Ordinance. The Board hereby declares that it would have
passed this Ordinance and each part or parts thereof, irrespective of the fact that any part or parts be
declared invalid.

Section 3. Repeal
Existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby
repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are
hereby repealed, except that this repeal shall not affect or prevent the prosecution pr punishment of any
person for any act done or committed in violation of any Ordinance hereby repealed prior to the taking
effect of this Ordinance.

Section 4. Emergency Exists
The Board has determined that if this Ordinance is not approved, passed, and effective as of the date of
the regular meeting, as reflected in signature below, that the Town may not be able to timely install the
necessary wastewater improvements in a timely manner and suffer financial penalty as a result.
Accordingly, the Board has determined that an emergency exists and ordains that this Ordinance shall
take effect immediately upon passage.

INTRODUCED, READ, ADOPTED AND APPROVED this 1st day of March, 2005.
TOWN OF DEER TRAIL, COLORADO