2.04.010 Departments and organization.

All individual departments, offices, agencies, and instrumentalities of the County government under the authority of the Board of County Commissioners and their respective functions, powers, and duties, are hereby reauthorized and continued in their current form, name, and staffing except as otherwise set forth herein. Each department head shall continue to be responsible for his or her respective individual department management and administration and for the implementation and enforcement of Board policies. The County Administrator shall assure uniform implementation and enforcement of those Board policies. (Res. 04-06 § 2)
 

2.04.020 Organizational structure.

In order to provide a responsive and efficient administrative structure, the Board of County Commissioners hereby organizes the various departments into divisions of County government for administrative purposes:

• Human Services:
  • Department of Social Services
  • Department of Human Services, which includes Pueblo Area Agency on Aging
• Public Operations:
  • Department of Engineering and Public Works Department
  • Department of Fleet Management
  • Facilities Department
• Planning, Safety, Correctional Services and CSU:
  • Office of Correctional Services
  • C.S.U. Cooperative Extension Office
  • Department of Planning and Development
• Administrative Services:
  • Department of Human Resources
  • Purchasing Department
  • Department of Information Technology
  • Department of Information Systems
  • Office of the County Attorney
  • Budget and Finance Department
  • Division of Economic Development and GIS
  • Division of Transportation
  • Administrative Support Services
    (Res. 14-122)

2.04.030 Board and Commissions.

The members of the Board of County Commissioners also serve the community in the capacity of board members for other entities to which they have been or are appointed. (Res. 04-06 § 4)

2.04.040 Meeting schedule.

In order to provide for the smooth and efficient management and administration of Pueblo County government and to provide to the greatest degree possible clear, concise and efficient communication internally within the various branches of the county government and externally with the citizens requiring services of the county government, the following meeting schedule is established by the Board with its officers, directors and department heads:

Pueblo County Board of County Commissioners’ regularly scheduled meetings for 2015 shall be held as follows:

• Monday: 9:00 a.m.: Official open meeting, general discussion of pertinent issues, open work sessions, legislative day
• Wednesday: 9:00 a.m.: Official open meeting, general discussion of pertinent issues, open work sessions, legislative day
• Monthly meetings with city of Pueblo elected officials: To be determined jointly between the city and county.
• General business, work sessions and other meetings of the Board of County Commissioners of Pueblo County shall be held as scheduled and announced. 

2.08.010 Policy

1. All board membership vacancies shall be advertised in a newspaper of general circulation in the community and in the manner best designed to reach and encourage all interested individuals to apply for appointment with the Board;
2. All applications for appointment shall be referred initially to the appropriate county officer, employee or agency for review and recommendation to the Board of the top candidates to fill such vacancies;
3. The county officer, employee or agency coordinating the review and recommendation process shall forward to the Board all applications received for the appointment along with a recommendation from the county officer, employee or agency as to the top candidates;
4. The number of recommendations shall be at least one hundred fifty (150) percent of the number of individuals to be appointed; and
5. Unless otherwise required by statute, rule, regulation, contractual term, organic law, or administrative provision for internal governance, term limits do not apply to individuals appointed to any given Board position.  Said individuals shall be appointed to serve at the pleasure of the Board of County Commissioners. 
   (Res. 93-143 §§ 1-4, Res. 13-221 §5)

2.12.010 Established.

Pursuant to the authority of Chapter 92, Session Laws of Colorado of 1939, there is established the Pueblo County Planning Commission. (§ 1 of Res. dated 9/3/41)

2.12.020 Membership-Terms-Compensation.

1. The commission shall consist of nine members.
2. All members, except the chairperson, shall serve for terms of three years and until their respective successors have been appointed. All members of the Commission shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of their duties as such members.
3. At the expiration of the term of any appointed member of the Commission his or her successor shall be appointed by the Board for a term of three years. In the event of a vacancy in the office of any such member by reason of death, resignation or removal from the county, or in the event any such member shall cease to be the owner of real property situated in this county or shall become disqualified by reason of holding another public office or position, the Board shall declare a vacancy in such office and shall appoint some qualified person for the remainder of such term, and in the event any appointed member shall be guilty of misconduct or nonperformance of duty as a member of the Commission, the Board shall have the right to remove such member from office and to appoint some other qualified person to such office for the remainder of such term.
   (Res. P&D 07-30; Res. 87-349 § 1 (part); §§ 2--4 of Res. dated 9/3/41)

2.16.010 Created.

Resolution Nos. 85-121, dated July 11, 1985, and 02-95, dated March 26, 2002, creating a Fire code Adoption and Revision Commission, are hereby repealed in their entirety.

There is hereby reestablished the Pueblo County Fire Code Adoption and Revision Commission in accordance with C.R.S. §30-15-401.5(2), which will be a permanent Commission to review and make recommendations to the Board of County Commissioners concerning the adoption of a fire code for the unincorporated areas of Pueblo County.

(Res. 85-121 and 02-95 are repealed)
(Res. 11-86 §§ 1 and 2)

2.16.020 Membership.

A. The Commission shall consist of the following members:

• The Pueblo West Fire District Chief or his or her designee.
• The Pueblo Rural Fire District Chief or his or her designee.
• The City of Pueblo Fire Department Chief or his or her designee.
• The Rye Fire Protection District Chief or his or her designee.
• The West Park Fire District Chief or his or her designee.
• The Beulah Volunteer Fire Department Chief or his or her designee.
• The Boone Volunteer Fire Department Chief or his or her designee.
• The Director of the Pueblo Regional Building Department or his or her designee.
• The Pueblo County Sheriff's Office, Emergency Services Bureau Chief or his or her designee.
• The Director of the Pueblo County Department of Planning and Development or his or her designee.
• A representative of land developers doing business and residing in Pueblo County.

B. Persons who shall be ex-officio members of the Fire Code Adoption and Revision Commission are as follows:

• The Pueblo County Sheriff or his or her designee.
• The Pueblo County Attorney or his or her designee.

The ex-officio members shall advise and assist the Commission in its business based on their respective knowledge and expertise.

(Res. 02-95 and Res. 85-121 are repealed)
(Res. 11-86 §§ 3 and 4)

2.16.030 Compensation.

All members and ex-officio members of the Commission shall serve at the pleasure of the Board of County Commissioners and shall receive no compensation or reimbursement of expenses for their services on the Commission.

(Res. 85-121 and Res. 02-95 are repealed)
(Res. 11-86 § 5)

2.16.040 Duties.

A. The Commission is hereby instructed to review minimum fire safety standards, which will be modeled upon those contained in Ordinance No. 2011-23, which adopted by reference the International Fire Code (IFC), 2009 edition, as published by the International Code Council, and the International Wildland-Urban Interface Code (IWUIC), 2009 edition, as published by the International Fire Code Council, with certain amendments thereto.

B. The following Commission members shall serve as the Board of Appeals created In Ordinance No. 2011-23, dated April 19, 2011:

• The Pueblo West Fire District Chief or his or her designee.
• The Pueblo Rural Fire District Chief or his or her designee.
• The City of Pueblo Fire Department Chief or his or her designee.
• The Rye Fire Protection District Chief or his or her designee.
• The West Park Fire District Chief or his or her designee.
• The Beulah Volunteer Fire Department Chief or his or her designee.
• The Boone Volunteer Fire Department Chief or his or her designee.
• The Director of the Pueblo Regional Building Department or his or her designee.
• The Pueblo County Sheriff's Office, Emergency Services Bureau Chief or his or her designee.
• The Director of the Pueblo County Planning and Development Department or his or her designee.
• A representative of land developers doing business and residing in Pueblo County.

(Res. 85-121 and Res. 02-95 are repealed)
(Res 11-86 §§ 6 and 7)

2.20.010 Established.

Pursuant to the authority contained in Section 19-1-116(2)(a), C.R.S., this Board establishes the Placement Alternatives Commission which shall have as its duties all those responsibilities set forth in the applicable provisions of the Colorado Children’s Code including as set forth in Section 19-1-116, C.R.S. 
(Res. 96-129 § 1)

2.24.010 Pueblo Community Corrections Board Established.

Pursuant to the authority in C.R.S. § 17-27-103, as amended, this Board does hereby designate itself as the Pueblo County Community Corrections Board and shall have all the duties and functions of a community corrections board and the governing body as outlined in C.R.S. § 17-27-101, et seq.
(Res. 10-112 § I, 4/13/2010, repealed Res. 99-390 and 09-166)

2.24.020 Advisory and Screening Committee Established / Terms.

A. There is hereby created the Pueblo County Community Corrections Advisory and Screening Committee which shall consist of eleven (11) members to be appointed by this Board as follows:

1. The Tenth Judicial District Attorney or his/her designee;
2. The Chief of Police of the City of Pueblo Police Department or his/her designee;
3. The Pueblo County Sheriff or his/her designee;
4. The Chief Judge of the Tenth Judicial District or his/her designee;
5. The Chief Probation Officer of the Tenth Judicial District or his/her designee; and
6. Six (6) citizen representatives.

B. The designated agency members as described in numbers 1 through 5 of this Section shall serve as permanent members of the Committee. The agency head may appoint a designee to serve a three (3) year term and any particular designee may serve consecutive terms. Each citizen representative shall serve for a term of three (3) years, and may serve one (1) additional consecutive term, except that the initial appointments shall be for such shorter or longer periods as the Board deems necessary in order to create staggered termination dates. 
(Res. 10-112 § II, 4/13/2010, repealed Res. 99-390 and 09-166)

2.24.030 Duties of the Advisory and Screening Committee.

1. Meet on a quarterly basis and advise the Community Corrections Board of Pueblo County with regard to the establishment and operation of all community corrections programs within the jurisdiction of the governing body, the standards for any community corrections programs located within the physical boundaries of the jurisdiction of the governing body, the conditions and guidelines for the conduct of offenders placed in community corrections programs operating within the physical boundaries of the jurisdiction of the governing body, the content of community corrections contracts with the State of Colorado, approved community corrections programs within the jurisdiction of the governing body, and all other community corrections issues concerning the Pueblo community.
2. The members of the Advisory and Screening Committee, except for the designated District Court Judge, shall serve on bi-monthly Screening Committees on a rotational basis. The bi-monthly Committee shall consist of any three (3) members of the Advisory and Screening Committee. Said Screening Committees shall be functional and shall vote on the acceptance, rejection, or rejection after acceptance of all adult offenders whose case files are forwarded to the Committee by the Program Coordinator. Two (2) members of a Screening Committee shall constitute a quorum and it will require a majority vote of the Screening Committee members present to take any of the above-stated Screening Committee actions. All Advisory and Screening Committee decisions are final. Advisory and Screening Committee members shall utilize the Community Corrections Screening Criteria established by the Board of County Commissioners.
3. When serving as the Advisory and Screening Committee pursuant to the authority granted in this Resolution, Advisory and Screening Committee members shall be acting in a functional capacity as the Community Corrections Board with all the immunity of community corrections board members, including the immunity from civil liability for the performance of the duties of such board as provided in C.R.S. § 17-27-103(10). (Res. 10-112 § III, 4/13/2010, repealed Res. 99-390 and 09-166)

2.24.040 Screening Criteria.

A. GENERAL PROVISIONS - Applicable to all offenders screened pursuant to these screening criteria.

1. The "catchment area" for the Pueblo Community Corrections Programs is defined as the 10th, 3rd, 11th, 15th and 16th Judicial Districts.

2. All convicted sex offenders, whether from this catchment area or out-of-jurisdiction and whether diversion or transition, are excluded from community corrections programs in Pueblo County.

3. For all cases referred to the Advisory and Screening Committee for screening, that Committee has the discretion to accept, reject, or reject after acceptance, any offender within the framework set forth in the applicable law, including the community corrections program statutes at C.R.S. § 17-27-101, et seq., and criteria adopted by the Board of County Commissioners of Pueblo County and by considering available documentation including but not limited to pre-sentence investigation reports if available, the community corrections program recommendation for treatment and any other information requested or made available to the Committee.

B. PROVISIONS APPLICABLE TO DIVERSION OFFENDERS - Felons sentenced directly by a court to community corrections.

1. Any person in this category who has been convicted of a class 1 or class 2 felony and/or has at any time been convicted of any of the crimes listed below (a through f), shall be screened by the Advisory and Screening Committee:

a. Crimes against the Elderly/Handicapped;
b. Homicide, any degree, including vehicular homicide;
c. Vehicular assault;
d. First Degree Burglary;
e. Aggravated Robbery; and
f. Crimes against children.

2. Any person in this category who has been convicted of a class 3, 4, 5 or 6 felony, and has never been convicted of any of the crimes listed above (a through f) may be admitted to a community corrections program in Pueblo County after a case review by the Program Coordinator, or may be referred to the Advisory and Screening Committee for screening.

3. No person in this category whose length of residential stay at any local community corrections facility would exceed eight (8) years shall be considered for placement in community corrections programs in Pueblo County, excepting the Crossroads’ Therapeutic Community Program, which shall have no limit on the length of residential stay for persons placed there.

C. PROVISIONS APPLICABLE TO TRANSITIONAL OFFENDERS - Felons seeking release from state prison to community corrections programs prior to completion of sentence.

1. Any in-jurisdiction offender who has been convicted of a class 1 or class 2 felony, and/or has, at any time, been convicted of any of the crimes listed below (a through f), shall be screened by the Advisory and Screening Committee:

a. Crimes against the Elderly/Handicapped;
b. Homicide, any degree;
c. First Degree Burglary;
d. Aggravated Robbery;
e. Felony Assault with a weapon; and
f. Crimes against children.

2. Any transitional offender who has been convicted of a class 3, 4, 5, or 6 felony and has never been convicted of any of the crimes listed in this Section IV. C. 1. (a through f) above, may be admitted to a community corrections program after a case review by the Program Coordinator, or may be referred to the Advisory and Screening Committee for screening.

3. Any out-of-jurisdiction transitional offender who has current or past convictions for any crime listed in this Section IV. C. 1. (a through f) above, is excluded from placement in any Pueblo County Community Corrections Program. However, this Section is not intended to conflict with the referral of an offender pursuant to C.R.S. § 18-1.3-301(2)(c) when such offender intends to reside in the catchment area after release from custody of the Colorado Department of Corrections or parole by the State Board of Parole.

4. No person in this transition category Section IV. C. shall have a Parole Eligibility Date (PED), Parole Mandatory Date (PMD), or a Discharge Date (DISCH) on the Community Release Form completed by the Colorado Department of Corrections longer than eight (8) years from the date of application for placement in a local community corrections program in order to be considered for local placement, excepting the Crossroads’ Therapeutic Community Program, which shall have no limit on the length of residential stay for persons placed there. (Res. 10-112 § IV, 4/13/2010, repealed Res. 99-390 and 09-166)

2.28.010 Established.

There is established the Pueblo County Juvenile Community Review Board which shall meet as necessary and shall advise and make recommendations to the Board of County Commissioners of Pueblo County with regard to the screening criteria and other administrative and operational issues relevant to the placement of juveniles by the Pueblo County Juvenile Community Review Board. For purposes of recommendations regarding criteria and other administrative and operational recommendations to the Board of County Commissioners of Pueblo County a quorum shall consist of one more member than half of the current membership of the Juvenile Community Review Board. No binding vote or formal action may be taken by the Juvenile Community Review Board unless a quorum is present when an issue is voted upon.
(Res. 99-389 § 1)

2.28.020 Screening Committees - Duties.

Each member of the Juvenile Community Review Board shall serve on a rotational basis on one of two screening committees which shall meet alternately as necessary. The two screening committees shall consist of four members each of the Juvenile Community Review Board. The screening committees shall be functional and shall review, approve or disapprove for residential community placement juvenile offenders referred in accordance with applicable law, including Section 19-2-210, C.R.S. Two or more members of the screening committee shall constitute a quorum and in the event of a tie vote the file of the child in question shall be referred to another member of the Juvenile Community Review Board for vote.
(Res. 99-389 § 2)

2.28.030 Membership - Terms.

The Pueblo County Juvenile Community Review Board shall be composed of:
A. A representative of the Pueblo County Department of Social Services recommended by the Director of the Pueblo County Department of Social Services;
B. A representative of a local school district recommended by the District Superintendent;
C. A representative of the Pueblo Police Department, recommended by the Chief of Police;
D. A representative of the Pueblo County Sheriff’s Office, recommended by the Pueblo County Sheriff;
E. A representative of the local probation department; recommended by the Chief Probation Officer;
F. A representative of the Colorado Division of Youth Services; recommended by the Director of the Colorado Division of Youth Services; and
G. Two private citizens.
Each member shall serve for a term of three years, renewable once, except the initial appointments shall be for such shorter or longer periods as the Board of County Commissioners deems necessary in order to create staggered termination dates for committee members.
(Res. 99-389 § 3)

2.32.010 Established.

There is established a Committee on Disposition of Forfeited Property for the Pueblo County Sheriff’s Department and the Office of the District Attorney for the Tenth Judicial District composed of the District Attorney for the Tenth Judicial District or his or her designee, the Pueblo County Sheriff or his or her designee, and a representative of the Board of County Commissioners of Pueblo County, Colorado. The members of the Committee shall not select other members to serve on the Committee. (Res. 92-469 § 1)

2.32.020 Use of proceeds.

All forfeited property and proceeds shall be used for official law enforcement purposes but shall not be considered a source of revenue to meet the normal operating needs of either the Pueblo County Sheriff’s Department or the Office of the District Attorney for the Tenth Judicial District. (Res. 92-469 § 2)

2.32.030 Use of forfeited property subject to controls.

The Pueblo County Sheriff and the District Attorney for the Tenth Judicial District shall insure that forfeited property reclaimed for official law enforcement use is subject to controls consistent with controls which are applicable to property acquired by Pueblo County departments through the normal appropriations process; that the use or expenditure of forfeited property or proceeds shall conform with the reporting audit, and disposition procedures contained in Article 13 of Title 16, C.R.S.; and that employees of the Pueblo County Sheriff’s Department and the Office of the District Attorney for the Tenth Judicial District shall be prohibited from purchasing forfeited property. (Res. 92-469 § 3)

2.32.040 Reporting required-Subject to audit.

The Director of Finance for Pueblo County shall cause to be reported in the county’s primary financial statements concerning the acquisition, disposition and status of forfeited property, and such information shall be subject to audit in accordance with Part 6 of Article 1 of Title 29, C.R.S. (Res. 92-469 § 4)

2.36.010 Established-Membership.

A. A Pueblo County Community Services Advisory Committee is established, nunc pro tunc to October 1, 1986.
B. The Committee shall be composed of seven members who shall represent the poor, elderly and related service organizations of the county.
C. Members shall be appointed by the Board of County Commissioners and shall serve at the pleasure of the Board. (Res. 86-246 § 2 (part))

2.36.020 Responsibilities.

The Committee shall be responsible for advising the Board on program and fiscal matters pertaining to programs administered by Pueblo County for low-income residents. (Res. 86-246 § 2 (part))

2.40.010 Created.

There is created the Pueblo County Housing Advisory Committee comprised of seven members who shall be appointed by and serve at the pleasure of the Board of County Commissioners. (Res. 23 § 1, 1977)

2.40.015 Selection criteria.

The criteria for selection of membership to the Pueblo County Housing Committee be as follows:

1. One attorney or legal assistant with a strong background in real estate and various housing issues.
2. One real estate broker or agent with appraisal or market analysis experience.
3. Two persons from non-profit organizations that deal with low income-housing issues.
4. One person from a local lending institution such as a bank or savings and loan, with a background in housing loans.
5. One person from the Pueblo Regional Building Department.
   
   The Committee shall meet no less than once monthly to rule on all applications for funds for rehabilitation of homes under the Pueblo County rehabilitation loan and grant program. Attendance of four members shall constitute a quorum and the Committee shall only approve.
6. One person from the Pueblo County Budget Department who deals with the Pueblo County Housing Programs on an on-going basis.
7. One person to serve as a member of the general public, a position that can be filled by any person in the community with some knowledge in the housing field, who is interested in assisting with housing issues and programs and being active in the community. (Res. 00-111)

2.40.020 Membership--Officers.

The Committee shall select a Chairperson, Vice-Chairperson and Secretary as the first order of business during the first meeting of the Committee. The Chairperson shall preside over all meetings of the Committee and, in his or her absence, the Vice-Chairperson will so preside. The Secretary shall be responsible for taking minutes of all meetings of and actions taken by the Committee and shall forward copies of same to the Office of County Commissioners, Pueblo County Court House, no later than two weeks after a meeting has been held. (Res. 23 § 2, 1977)

2.40.030 Meetings--Quorum--Approval requirements.

The Committee shall meet no less than once monthly to rule on all applications for funds for rehabilitation of homes under the Pueblo County rehabilitation loan and grant program. Attendance of four members shall constitute a quorum and the Committee shall only approve a loan/grant of assistance under the program upon affirmative vote of four of its members and shall not approve any grant of assistance under this program until satisfactory evidence of the following has been submitted to the Committee:
A. Applicant has completed in writing an application for loan/grant of assistance with the city Housing Department and the application has been processed by the city Housing Department and forwarded to the Committee for consideration. Applications should be considered in the order of the date on which they were completed and filed with the city Housing Department;
B. Applicant has good title to and resides in the residence and has sufficient equity therein to justify a grant/loan of assistance;
C. The residence after rehabilitation and repairs will not likely again become substandard;
D. Applicant has not previously received housing rehabilitation assistance under the program hereby established;
E. Rehabilitation loan/grant is limited to those substandard items necessary to bring the home into compliance with the building code. No nonessential or luxury items shall be made a part of the grant/loan of assistance. (Res. 107, 1977; Res. 30 § 3, 1977; Res. 23, § 3, 1977)

2.40.040 Decision to be final--Reapplication.

Decision of the Committee in regard to an application for loan/grant of assistance shall be final and the decision shall not be subject to appeal by the applicant. Applicant may reapply for consideration of a loan/grant of assistance, however, the reapplication shall be placed at the bottom of the list of applicants as it exists on the date the reapplication is filed. (Res. 23 § 4, 1977)

2.40.050 Continued occupancy guidelines to be used when.

Committee shall use continued occupancy guidelines in determination of maximum gross income that applicants may have to be eligible for consideration of grant/loan of assistance under the Pueblo County housing rehabilitation loan and grant program. (Res. 23 § 5, 1977)

2.40.060 Responsibilities.

Responsibilities of the city of Pueblo Department of Housing shall be those as contained in agreement entered into between the city of Pueblo and Pueblo County as if same were fully spelled out in this resolution.
Responsibilities of Pueblo County shall be those as contained in agreement entered into between the city of Pueblo and Pueblo County as if same were fully spelled out in this resolution. (Res. 23 §§ 6, 7, 1977)

2.40.070 Conflict of provisions.

Responsibilities of the Pueblo County Housing Advisory Committee shall be those as contained in this resolution and the agreement entered into between the city of Pueblo and Pueblo County. If a conflict should exist between the resolution and the agreement, the resolution shall rule. (Res. 23 § 8, 1977)

2.44.010 Office of Emergency Preparedness--Established.

A permanent agency, known as the Office of Emergency Preparedness, is established as an integral part of Pueblo County government, operating under the direction and control of the Pueblo County Department of Emergency Management and the Director thereof, who shall be empowered to execute documents, disburse funds, and to otherwise manage said Office in accordance with pertinent federal, state and county directives, policies and established procedures. (Res. 98-435 (part); Res. 93-109 § 1)

2.44.020 Coordinator responsibilities.

The coordinator of the Office of Emergency Preparedness shall be responsible for the actual organization, administration and operations of the office on an every-day basis under the direction of the Department of Emergency Management. (Res. 98-435 (part); Res. 93-109 § 2)

2.44.030 Office of Emergency Preparedness--Purpose.

By creating the Office of Emergency Preparedness, it is the intent of this Board to provide for the basic governmental functions necessary to protect and preserve the public health, safety, and welfare of the citizens of Pueblo County and to protect property during an emergency or disaster, including the mitigation of, preparedness for, response to, and recovery from such an emergency of disaster. Additionally, the aforementioned action is being taken to bring Pueblo County into full compliance with the appropriate sections of the Colorado Disaster Emergency Act of 1992 and all other pertinent federal, state and local laws or ordinances pertaining to civil defense-related activities.
In addition to the foregoing, the Office of Emergency Preparedness is also established to fulfill the responsibilities for emergency preparedness for both Pueblo County and the city of Pueblo, Colorado. (Res. 93-109 §§ 3, 4)

2.44.040 Duties and responsibilities.

The duties and responsibilities of this Board and the Director of the Pueblo County Department of Emergency Management shall be carried out as follows:
A. The Board of County Commissioners shall:
1. Subject to statutory limitations, provide direction and control for Pueblo County forces before, during and after disaster or emergency operations;
2. Assure continuity of government at all times in any major disaster or emergency situation;
3. The following is the line of succession with regard to the power to declare that a local disaster emergency exists:
a. Board of County Commissioners of Pueblo County,
b. Chairperson of the Board of County Commissioners of Pueblo County,
c. Any other member of the Board of County Commissioners of Pueblo County,
d. Director of the Pueblo County Department of Emergency Management.
Such declaration shall continue for a period not to exceed seven days and may be continued or renewed for a period in excess of seven days with the consent of the majority of the members of the Board of County Com-missioners of Pueblo County;
4. Any order or proclamation declaring, continuing or terminating a disaster or emergency shall be filed promptly with the state of Colorado and with the Pueblo County Clerk and Recorder. Such order or proclamation shall be promptly distributed to the appropriate representatives of the news media.
B. The Director of the Department of Emergency Management, acting by and through the Coordinator of the Office of Emergency Preparedness, shall:
1. Have direct responsibility for the organization, administration and operation of the Office of Emergency Preparedness;
2. Accept and comply with all applicable Federal Emergency Management Agency and state of Colorado regulations and standards relating to the development of a disaster/emergency operational capability and the receipt of federal assistance in that development and to sign and submit all documents and materials associated with said development;
3. Prepare and submit an annual budget to the Board of County Commissioners and the City Manager of the city of Pueblo, Colorado;
4. Shall, with the assistance of the Pueblo County Coordinator of the Chemical Stockpile Emergency Preparedness Program (CSEPP), prepare and keep current the Pueblo Emergency Plan which shall conform to the standards and requirements as promulgated by the state of Colorado. Recognizing that an effective plan must evolve with experience and changing conditions, the Director of the Pueblo County Department of Emergency Management is charged with annually reviewing the Pueblo County Emergency Operations Plan for currency and completeness, and recommending amendments and/or additions to it;
5. Assist all appropriate officials in preparing a clear and complete statement of the emergency responsibilities for all agencies which may be activated in the event of a disaster or emergency;
6. In the event of a declared disaster or emergency, act under the direction of the Board of County Commissioners, or its designee, in undertaking the mitigation, response and recovery required during such disaster or emergency. (Res. 98-435 (part); Res. 95-188 §§ 4.1, 4.2; Res. 93-109 § 5)

2.44.050 Hazardous substance incidents--Response authority.

The Pueblo County Department of Emergency Management is designated as the Pueblo County Emergency Response Authority for hazardous substance incidents occurring within the unincorporated areas of Pueblo County. (Res. 98-435 (part); Res. 93-335 § 2)

4.04.010 Client service accounts and tax deeds--Treasurer authority.

The Pueblo County Treasurer is authorized to receive advance payment moneys for client services and tax deed purchase moneys in payment of the necessary official fees, costs and expenses of the Pueblo County Treasurer and the Treasurer may deposit the same to the Treasurer’s advance payment fund, at his or her election, and to distribute the same according to the necessary accruals incurred by the application of the deposit sum to the payment and discharge of such accruals and satisfaction of the account for which payment was initially made, all to effect the transfer by law required. (Res. dated 11/22/71)

4.04.020 Disposition of fines and forfeitures.

All fines and forfeitures for the violation of ordinances of Pueblo County, and all moneys collected for licenses or otherwise, shall be paid to the Treasurer of Pueblo County not less frequently than monthly, and shall be by the Treasurer deposited into the general fund of the county. (Ord. 2, 1980)

4.04.030 Bail bonds.

The county courts of Pueblo County are authorized to accept a bail bond when any person has been arrested for violation of any county ordinance. When such bond is accepted, it shall have the same validity and effect as bail bonds provided for under the criminal statutes of the state of Colorado. (Ord. 3, 1980)

4.04.040 Bookkeeping.

The bookkeeping functions, preparation of vouchers, examination of accounts and the payment thereof, as well as the keeping of the records, vouchers etc., in relation to these accounts shall be under the general direction of the Board of County Commissioners and all employees shall be under their general supervision. (Res. dated 1/24/74)

4.04.050 Processing fee and special review fee.

The following fees are established for the processing and special review of a special district plan:
Processing fee: five hundred dollars ($500.00).
Special review fee: A minimum of five hundred dollars ($500.00) and not more than one one-hundredth of one percent of the service plan’s indicated debt or ten thousand dollars ($10,000.00) whichever is less, based on the reasonable direct costs related to a special review.
For the purpose of this section and the fees established hereunder, "special review of a service plan is defined as extraordinary services provided by staff or expenses incurred by staff in the review of a service plan including, but not limited to, retaining technical or financial advisors or staff time beyond the basic review and comment involved in the application of the provisions of the Special District Act, Section 32-1-101 et seq., C.R.S., to a service plan. (Res. 92-149)

4.04.060 Chair of the Board to sign certain contracts.

The chair of the Board or the chair pro tem in the chair’s absence, is authorized to sign all contracts processed by the Board of County Commissioners that commit Pueblo County to an annual expenditure of twenty-five thousand dollars ($25,000.00) or less in accordance with the provisions of the requirements of the Pueblo County contract procedure. (Res. 99-15)

4.08.010 Statement of purpose.

Pueblo County establishes the following statement of investment policy for the management of the county’s investment funds ("funds"). The purpose of this statement is to create a general framework within which the assets of the county can be invested with respect to efficient portfolio management.
This document is intended to identify the investment objectives, constraints and guidelines of the county. This policy will be used in the implementation of an investment program utilizing fixed-income investments and cash equivalents. This policy also provides a basis for monitoring and measuring the performance of the funds on an ongoing basis. (Res. 98-170 (part))

4.08.020 Scope.

The Pueblo County statement of investment policy covers all investment activity of Pueblo County under the control of the County Treasurer and applies to both county operating revenues and "pass through" revenues. (Res. 98-170 (part))

4.08.030 Delegation of authority.

Pursuant to Section 30-10-707, C.R.S., it is the duty of the County Treasurer to receive all moneys belonging to Pueblo County and pursuant to Section 30-10-708(1), C.R.S., the Treasurer shall deposit all such funds or moneys that come into his or her possession, by virtue of his or her office, in depositories as allowed by the state statutes and designated and approved by the Board of County Commissioners. The Board of County Commissioners, by written resolution, shall authorize the County Treasurer to invest all or any part of the funds in certain investments allowable under state statute and further designated by this statement of investment policy.
The county may, at their election, appoint investment advisors, registered with the Securities and Exchange Commission under the Investment Advisors Act of 1940, to assist in the investment function including the execution of transactions on the county’s behalf. Investment advisors must be approved by a resolution of the Board of County Commissioners. (Res. 98-170 (part))

4.08.040 Investment objectives.

The Pueblo County Treasurer seeks to act responsibly as the custodian of the public trust by avoiding any transactions that might impair public confidence. Funds shall be invested so as to accomplish the following objectives:
A. First Objective: Safety. The first objective shall be to insure the safety of all county funds. Investments shall be made as to minimize the potential for realized losses arising from changes in market value or default.
B. Second Objective: Cash Income Requirements. The second objective will be to maintain sufficient liquidity to meet the anticipated cash needs of the county.
C. Third Objective: Rate of Return. The long-term investment objective for the funds will be capital preservation and income. The goal of the funds is to earn an investment return that exceeds one hundred ten (110) percent of the average return on ninety (90) day U.S. Treasury Bills. "Investment return" means total return, calculated to recognize all cash income plus realized and unrealized capital gains and losses.
D. Fourth Objective: Measurement Period. A fair market cycle of three to five years is required for judging whether the rate of return objective has been met.
E. Fifth Objective: Fiduciary Standards. The assets of the county shall be invested in a manner consistent with generally accepted standards of fiduciary responsibility. The safeguards that would guide a prudent investor will be observed. (Res. 98-170 (part))

4.08.050 Allowable depositories and broker/dealers.

All depositories and securities broker/dealers shall be approved and designated by resolution of the Board of County Commissioners in compliance with Section 30-10-708 (1), C.R.S. All such resolution(s) are incorporated as part of this investment policy. No banking or investment activities shall be conducted with any institutions not so approved and designated.
A. Banking Institutions. National and state banks having offices in the state of Colorado and designated as eligible public depositories by the State Banking Commission pursuant to the provisions of Section 11-10.5-101, et seq., C.R.S., are eligible depositories if approved and designated by resolution of the Board of County Commissioners, such resolution(s) are incorporated as part of this investment policy. Banking institutions shall meet the following criteria:
1. The bank shall agree in writing to conform with all regulatory controls including examinations, directives and requirements set by the State Banking Commission;
2. Public deposits shall be insured or guaranteed by the Federal Deposit Insurance Corporation (FDIC) and Public Deposit Protection Act (PDPA);
3. The bank shall remain in compliance with the capital standards set by the State Banking Commission;
4. The bank shall file annually with the Pueblo County Treasurer, a written authorization from the State Banking Board, a declaration of designation as an eligible depository under the provisions of the PDPA;
5. For all banks utilized as depositories of Pueblo County funds, the Treasurer shall confirm prior to initial deposit and periodically review the bank’s assets to ensure those assets have, at a minimum, a satisfactory rating pursuant to a standardized rating system.
B. Broker/Dealers. Only those brok-er/dealers approved and designated by resolution of the Board of County Commissioners will be considered eligible securities dealers, such resolution(s) are incorporated as part of this investment policy. Eligible security dealers shall meet the following criteria:
1. Broker/dealers and banks that are designated as primary dealers by the Federal Reserve Bank;
2. Broker/dealers are to be insured by the Securities Investors Protection Corporation (SIPC);
3. Broker/dealers must provide the county with their Annual Financial Statements. (Res. 98-170 (part))

4.08.060 Investment guidelines.

A. Statutory Requirements and Constraints. Funds will be invested in compliance with the provisions of Title 24, Article 75, Part 6 (Funds--Legal Investment) Colorado Revised Statutes and these policies and written administrative procedures.
1. Investments shall be made solely in the interest of the county and for the exclusive purpose of providing security and continuity to the investment program.
2. Investments shall be made with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with these matters would use in the conduct of a plan of like character and with like aims.
3. Investments shall be diversified so as to minimize the risk of loss and to maximize the rate of return, unless under the circumstances it is clearly prudent not to do so.
4. Investments shall possess value and quality corroborated by accepted techniques and standards of fundamental, economic, financial and security analysis.
5. In accordance with Section 30-10-708, C.R.S., the County Treasurer and authorized investment personnel acting in accordance with this policy and any other policies and procedures set forth in the Colorado Revised Statutes or in any resolution of the Board of County Commissioners and exercising due diligence shall be relieved of any personal responsibility for an individual security’s credit risk or market price changes, provided that changing conditions are reported in a timely fashion and appropriate action is taken to control adverse developments.
6. All securities will have a maximum final maturity of five years or less, unless specifically approved by the Board of County Commissioners.
B. Fixed-Income Investments.
1. The county will limit its fixed-income investments to the following types of securities:
a. U.S. Treasury Bills, notes and bonds;
b. The following federal agencies:
i. Federal Farm Credit Bank,
ii. Federal Land Bank,
iii. Federal Home Loan Bank,
iv. Federal Home Loan Mortgage Company,
v. Federal National Mortgage Association;
c. Commercial paper. Limitations: security must be rated at least Al/P1 at the time of purchase;
d. Repurchase agreements collateralized by securities listed in subsection (B)(1)(a) of this section. Limitations:
i. Securities must be marketable,
ii. Market value of collateral must be equal to or greater than one hundred two (102) percent of funds invested at all times,
iii. Title or perfected security investment must be transferred to public entity or custodian,
iv. Securities must be delivered to public entity, third party custodian or trustee for safekeeping;
e. Money Market Funds. Limitations:
i. Must be registered as an investment company under SEC requirements,
ii. Must be rated AAAm by Standard & Poors,
iii. Investment policies must include the requirement of an attempt to maintain a constant share price,
iv. No sales load/fee added to purchase or subtracted from the redemption price;
f. Colorado public investment trusts registered with the State Securities Commission. Limitations: Must be rated AAAm by Standard & Poors;
g. Bank Certificates of Deposit insured by the FDIC from banks with reasonable credit ratings and who maintain collateral as required by the State of Colorado Public Deposit Protection Act (PDPA);
h. Cash deposits in banks insured by the FDIC who maintain collateral as required by the State of Colorado Public Deposit Protection Act (PDPA).
2. All investments should be actively managed with the focus on total return. No distinction need be made between realized and unrealized capital gains or losses.
3. No derivative securities shall be purchased. A derivative security shall be defined as a security that’s value is derived from another security or index.
4. No mortgaged-backed securities, including Collateralized Mortgage Obligations (CMOs), shall be purchased.
5. Uninvested cash balances should be kept to a minimum through the prompt investment of available funds in short-term or more permanent security holdings.
C. Security Diversification.

Security TypeMinimum AllocationMaximum Allocation

US Treasury Bills, notes and bonds25%100%

Federal Agencies0%50%

Maximum per Issuer-25%

Commercial Paper0%25%

Maximum per Issuer-5%

Certificates of Deposit0%20%

Repurchase Agreements0%50%

Money Market Funds0%50%

Local Government Investment Pools0%50%

D. Portfolio Structure.
1. Assets of the county shall be pooled to maximize efficiency.
2. The county’s funds shall be broken into two portfolios for efficient portfolio management. Funds will be allocated by the liquidity demands of the county as follows:
a. Liquidity portfolio: those funds needed with in the next one hundred eighty (180) days.
b. Reserve portfolio: all funds that are not needed with in the next one hundred eighty (180) days. (Res. 98-170 (part))

4.08.070 Securities custody and recordkeeping.

All investments other than bank deposits shall be held in a third party custodial account in the name of Pueblo County. The custodian will meet the following requirements:
A. Safekeeping. The custodian will provide safekeeping of all securities in a segregated account that will not be commingled with either the custodian’s other assets or the assets of other clients.
B. Monthly Statement. Monthly reports will be provided by the custodian and will include a transaction summary of all activity in the account for the month. (Res. 98-170 (part))

4.08.080 Performance reporting.

The County Treasurer will maintain performance reporting for all funds in accordance with the following:
A. Reports on all investments will be prepared on a monthly basis. These reports will include, but not be limited to, the following:
1. Income received;
2. Current market value;
3. Current performance;
3. Trends in performance;
4. Portfolio composition and diver-sification;
5. Portfolio characteristics.
B. Performance will be calculated in compliance with the Association of Investment Management and Research (AIMR) Performance Presentation Standards.
C. Comparative analysis must be made between the portfolios and their Standard of Comparison (Benchmark) on a total return basis. The Benchmarks for the two portfolios will be as follows:
1. Liquidity Portfolio Benchmark: the average return on ninety (90) day U.S. Treasury Bills.
2. Reserve Portfolio Benchmark: the Merrill Lynch one to three year Government Bond Index.
D. The Treasurer will submit reporting on the funds to the Board of County Commissioners on a monthly basis. (Res. 98-170 (part))

4.12.010 Risk management policy statement.

The county of Pueblo adopts by resolution the following policy statement in regard to management of risk of loss to county property, to employees and authorizing volunteers, and to members of the public.
The administration of the risk management program is a function involving the entire county. The principal objective is to protect the county and all of its people and assets at the lowest possible cost. It is to be conducted as efficiently and economically as possible with centralized control to assure uniformity of practice and procedure.
The principal objective is to be achieved through a balance of pooling arrangements and/or purchased insurance, assumption of risk, transfer of risk, control of losses of all types, and use of governmental immunity as appropriate.
Responsibility of administering the risk management program shall rest with Steel City Agencies, Inc., the Risk Manager and Consultant for the county of Pueblo under agreement effective January 1, 1986. The Risk Manager shall report to the County Manager.
Internal administration of the program shall be delegated to the Safety Coordinator who is Chairperson of the Safety Committee for the county. The Safety Committee shall be appointed by the Safety Coordinator under the terms of a resolution passed by the Board of County Commissioners and shall supervise all loss control procedures and practices, recordkeeping for losses, internal costs of risk management including administrative costs.
The responsibility for pooling arrangements with other public entities and/or the purchase of insurance, assumption of risk transfer of risk and the use of governmental immunity, shall be delegated to the Risk Manager. The Risk Manager shall cooperate with the Safety Coordinator and the County Attorney in performance of its duties.
Risk Manager shall work with County, Attorney in regard to contractual transfer of risk specifically in areas where county facilities are being provided to the state of Colorado such as judicial facilities, detention facilities, extension service, and the office of the District Attorney.
The Risk Manager shall report not less than annually to the Board of County Commissioners on the current risk management program. The report shall include costs of the program for pooling, assumed losses and administration. The report shall also include recommendations, if any, for significant changes of practices and procedures.
It shall be a policy of the risk management program to pool or insure risks, as determined by good business judgement, and to assume other risks either through the use of deductibles or through self-insurance. (Res. 86-182)

4.12.020 Safety committees to be established.

A. Each department of Pueblo County government shall establish a safety committee which shall:
1. Address safety issues within their department and utilize the department’s strategic plan to address risk management and safety issues within their department;
2. Designate one member of the department safety committee to serve as a member on the County’s Risk Management team;
3. Recommend risk management policies to the County Risk Management Team.
B. Each elected office of Pueblo County is requested to also establish a safety committee for each such office to:
1. Address safety issues within their department and utilize the department’s strategic plan to address risk management and safety issues within their department;
2. Designate one member of the department safety committee to serve as a member on the County’s Risk Management Team;
3. Recommend risk management policies to the County Risk Management team. (Res. 00-61 § 2.3)

4.12.030 Risk Management Team.

A. The Pueblo County Risk Management Team is established.
B. The membership of the Pueblo County Risk Management Team shall consist of a member designated by each department’s and elected office’s safety committee and a designated representative of Pueblo County’s contracted insurance advisor.
C. The Pueblo County Risk Management Team shall have authority and responsibility to develop and recommend comprehensive safety and risk management policies for Pueblo County to this Board.
D. Further, the Pueblo County Risk Management Team shall have the authority and responsibility to coordinate the activities of departmental safety committees and establish such ad hoc committees, as needed, and is further authorized and directed to create, promote and administer, as directed by this Board, a comprehensive safety program for the benefit of Pueblo County employees, the public at large, and protection of Pueblo County property and assets. (Res. 00-61 § 4--7)

4.12.040 Insurance adviser.

Pueblo County’s contracted insurance advisor shall assist in all of the Risk Management Programs established by the Risk Management Team under the direction of the Risk Management Team and reporting all necessary information to the Risk Management Team and this Board. (Res. 00-61 § 8)

4.20.010 Definitions.

As used in this chapter, the following words shall be given the following meanings:
"Board" means the Board of County Commissioners of Pueblo County, Colorado.
"County" means Pueblo County, Colorado.
"Office paper" means eight and one-half inches by eleven (11) inches and eight and one-half inches by fourteen (14) inches bond paper for use in photocopying, typing and letterhead.
"Paper products" means paper napkins, towels, toilet tissue, legal pads, post-its, greenbar computer paper, plain computer paper, newsprint, corrugated and other cardboard material, and other pre-prints or printed material.
"Postconsumer waste" means a finished material which would normally be disposed of as solid waste having completed its lifecycle as a consumer item.
"Public project" means any publicly funded contract entered into by Pueblo County or any department or agency thereof.
"Recycled paper" means paper which meets the recommended minimum context standards of selected paper and paper products established by the U.S. Environmental Protection Agency in its final guideline date June 22, 1988, 53 C.F.R. 23546, as amended, with not less than fifty (50) percent of its total weight consisting of ten (10) percent reclaimed fiber including fifty (50) percent postconsumer waste. (Res. 93-227 § A)

4.20.020 Bid preferences--Recycled paper products.

When a contract is to be awarded in a public project, a bidder who has used recycled paper in the manufacture of the commodities or supplies described in the bid shall be allowed a preference of up to five percent as determined by the Pueblo County Director of Purchasing. The Purchasing Director shall award a greater preference in the bid, up to the ten (10) percent maximum, for greater content of recycled and/or postconsumer material included in the bid. Where two or more bidders’ contracts are the same price after adjustment for preference based upon recycled material and postconsumer waste content, the bidder whose bid products contain the most recycled and/or postconsumer material shall be awarded the bid. A bidder shall only receive preference for recycled and/or postconsumer waste material in the bid if the commodities or supplies described in the bid are adequate and suitable for the purposes of the bid. No such preference may be allowed unless the Purchasing Department receives at least two bids on the contract. (Res. 93-227 § B)

4.20.030 County purchases of office paper and paper products.

A. When purchasing office paper and paper products, the County Director of Purchasing may, whenever the price is competitive and the quality adequate for the purpose intended, purchase recycled office paper and paper products as the same are defined in Section 4.20.010.
B. For county fiscal year 1993, the County Director of Purchasing shall ensure that a level of at least fifteen (15) percent of total volume of office paper and paper products purchased by Pueblo County for use during that fiscal year shall contain recycled paper. The level shall increase to at least thirty (30) percent for county fiscal year 1994; to at least forty (40) percent for county fiscal year 1995; to at least fifty (50) percent for county fiscal year 1996, and for each fiscal year thereafter so long as the purchase of office paper and paper products at the levels set forth herein is practicable.
C. Each Pueblo County department using recycled office paper may print the notation "printed on recycled paper" on any office paper or paper product which has been certified by the County Director of Purchasing as recycled paper.
D. When purchasing tires, motor oil, and other products made from recycled materials, the County Purchasing Director shall, whenever the price is competitive and the quality adequate for the purpose intended, award up to a five percent preference to a bidder who supplied retread tires or re-refined motor oil, and other products made from recycled material. No such preference may be allowed unless the Purchasing Department receives at least two bidders on the contract.
E. In furtherance of the county-wide goal to use recycled office paper and paper products, and in order to promote the use and supply of recycled office paper and paper products, Pueblo County, acting by and through the County Director of Purchasing, shall, where practicable and where the quality is adequate for the purpose intended, allow up to a five percent preference to a bidder who uses environmentally friendly ink such as soy ink in the commodities and supplies described in the request for proposals prepared by the county. (Res. 93-227 § C)

4.24.010 Purpose.

As required by Section 39-8-108.5, C.R.S., and in order to give taxpayers an alternative to pursuing and appeal of the County Board of Equalization’s decision through either the board of assessment appeals or district court, an arbitration process is established and implemented by the Board of County Commissioners of Pueblo County, Colorado. (Res. 88-244 § 1)

4.24.020 Arbitrators.

As required by Section 39-8-108.5(1)(a), C.R.S., the Board of County Commissioners of Pueblo County, Colorado, shall develop and maintain a list of qualified persons who shall act as arbitrators of property valuation disputes. Such list shall be in resolution form and shall be kept on file in the office of the Pueblo County Clerk and Recorder. Such list shall be updated or revised by resolution as deemed necessary by the Board of County Commissioners. Pursuant to Section 39-8-108.5(1)(b), C.R.S., in order to qualify as an arbitrator, an individual, in addition to being experienced in the area of property taxation, shall be any one of the following: attorney licensed to practice law in the state of Colorado; an appraiser who is a member of the institute of real estate appraisers or its equivalent; a former county assessor; a retired judge; and/or a licensed real estate broker. Additionally, the Board of County Commissioners may require any other qualifications it deems necessary. (Res. 88-244 § 2)

4.24.030 Arbitration procedures.

A. Filing. Within thirty (30) days of the County Board of Equalization’s decision, any taxpayer who plans to pursue arbitration shall notify the County Board of Equalization of his or her intent to pursue arbitration. Such notice of intent shall be accomplished by the filing of a petition with the County Board of Equalization on a form supplied by the Board. By mailing or hand delivering one copy of the form to the County Board of Equalization which is received or postmarked on or before the close of business on the thirtieth (30th) day following the County Board of Equalizations decision, a taxpayer will be deemed to have properly filed his or her petition for arbitration with the Board. The petition shall include the following:
1. Name, address and phone number of petitioner;
2. Description of the property in question, including address, schedule number, and type of property, i.e. residential or other;
3. Issues for arbitration;
4. Statement to the effect that all required fees have been advanced or are in negotiation with the County Board of Equalization and will be advanced to be held in trust pending the arbitrator’s decision;
5. The name of the arbitrator designated by the petitioner; and
6. The petition must be signed and dated by the petitioner.
Whenever it appears the petition is not filed within the time permitted by law, or the petitioner has failed to exhaust all procedures provided by law before appeal to the arbitrator, or the arbitrator otherwise lacks jurisdiction, the case may be dismissed upon the motion of any party to the action or upon the motion of the arbitrator.
B. Fees.
1. Residential Property. Along with his or her completed petition, the taxpayer shall advance one hundred fifty dollars ($150.00) to the Clerk and Recorder of Pueblo County to be held in trust to cover the fees and expenses of the arbitration proceeding; which fees shall be held in trust and disbursed as provided in the arbitrator’s decision. The fees shall either be returned to the taxpayer or paid to the arbitrator depending on the arbitrator’s decision.
2. Other Taxable Property. For cases concerning any taxable property other than residential real property, the taxpayer shall, at the time his or her petition is filed with the Board, contact the County Assessor or his or her representative to determine an estimated fee for arbitration. Upon agreement, and deposit of the fee with the Clerk and Recorder’s Office to be held in trust depending the arbitrator’s decision, the matter will be assigned to the arbitrator. The fees will either be returned to the taxpayer or paid to the arbitrator depending upon the arbitrator’s decision.
3. Waiver. Any taxpayer who is unable to advance the fees for arbitration can apply to the Board of County Commissioners for a waiver of the fee requirement. Following the presentation, by the taxpayer, of satisfactory, documented proof of the taxpayer’s indigency to the Board, a waiver will be granted.
4. Witness Fees and Costs. Each party shall pay that party’s own witness fees, attorney’s fees and miscellaneous costs.
Note: No arbitration hearing shall be scheduled until either all required fees have been deposited with the Clerk and Recorder or the appropriate waiver is granted. (Res. 88-244 § 3)

4.24.040 Hearings.

A. Selection of Arbitrator. The taxpayer and the County Board of Equalization’s representative shall select an arbitrator from the list on file in the office of the Clerk and Recorder following the advancement of fees as provided for in Section 4.24.030(B). In the absence of agreement by the taxpayer and the County Board of Equalization, the district court of the county in which the property is located shall select an arbitrator from the list.
B. Scheduling of Hearing. Arbitration hearings shall be held within sixty (60) days from the date the arbitrator is selected by the parties. The hearings shall be at a time and place set by the arbitrator with the mutual consent of the taxpayer and the representative of the County Board of Equalization.
C. Procedure. The arbitrator shall preside at the hearing. Procedures shall be informal and strict rules of evidence shall not apply except as necessitated in the opinion of the arbitrator by the requirements of justice. All questions of law and fact shall be determined by the arbitrator. The arbitrator may determine time limitations or make other decisions in order to conduct a reasonable and fair hearing. All testimony in arbitration proceedings shall be given under oath administered by the arbitrator. The order of proceedings in arbitration hearings shall be as follows:
1. Opening statements, if desired by the arbitrator. The party initiating the appeal shall proceed first;
2. Presentation of evidence by the petitioner;
3. Presentation of evidence by the County Board of Equalization;
4. Presentation by any other party or person admitted to appear; and
5. Final arguments, if desired by the arbitrator, or direction to submit briefs, if desired by the arbitrator.
The arbitrator may, in his or her discretion, alter or amend the aforementioned order of proceedings, at any time and in any manner deemed appropriate and proper under the circumstances.
D. Subpoena. The arbitrator may issue, or cause to be issued, subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served and, upon application to the district court by the taxpayer or the County Board of Equalization or the arbitrator, be enforced in the manner provided by law for the service and enforcement of subpoenas in civil actions.
E. Attendance of Parties. The taxpayer and the County Board of Equalization shall be entitled to attend hearings personally or with counsel and participate in the proceedings. Such participation may include the filing of briefs and affidavits. Upon agreement of both parties, the proceedings may be deemed confidential and closed to the public. The arbitrator may, in his discretion and upon prior written application, permit the appearance or intervention of persons or agencies not parties to the action for the purpose of submitting evidence, argument, or briefs as the arbitrator may direct.
F. Record of Proceedings. No record of the proceedings is required. Should a record be desired, the record shall be by electronic recorder or court reporter at the discretion of the arbitrator. Parties may employ, at their own expense, a court reporter. Transcripts may be made, and shall be paid for by the party desiring the transcript. (Res. 88-244 § 4)

4.24.050 Decision of the arbitrator.

The arbitrator’s decision shall be in writing and signed by the arbitrator. The arbitrator shall deliver a copy of his or her decision to the parties personally or by registered mail within ten (10) days of the hearing. The decision shall include:
A. County docket number;
B. The title of the document as "Arbitration Decision and Award";
C. Full case name;
D. Identities of all parties who were present at the hearing either in person or through representation by counsel;
E. The description and schedule number of the real property in question or dispute;
F. The arbitrator’s decision, i.e., that the arbitrator has found in favor of the taxpayer or the County Board of Equalization and against the other party, and the basis therefore;
G. The amount of change in the valuation of the subject property, if any;
H. The amount of the arbitrator’s fees and expenses, not including counsel fees, incurred in the conduct of the arbitration hearing, and a statement as to which party is to pay the fees; and
I. Signature/date line for the arbitrator to sign and date his or her decision.
The arbitrator shall be immune from civil liability arising from participation as an arbitrator and for all communications, findings, opinions, and conclusions made in the course of his or her duties under Section 39-8-108.5, C.R.S. The decision of the arbitrator shall be final and is not subject to review or appeal. (Res. 88-244 § 5)

4.28.010 Established.

The Board of County Commissioners of Pueblo County recognizes and establishes the property tax work-off program to be administered by the Human Resources Department with moneys budgeted within the designated Pueblo County Approved Budget. (Res. 98-188)

4.32.010 Terms defined.

As used in this policy, unless the context otherwise requires, terms are defined as follows:
“Abandoned property” means any lost, stolen or unclaimed tangible or intangible personal property held by or under the control of an of­ficer or employee of the county for a period of more than thirty (30) days after notice is pro­vided in accordance with Section 4.32.030. Property that has been confiscated pursuant to law by a peace officer of the county, but which is not subject to forfeiture or criminal proceed­ings as determined by the District Attorney of the 10th Judicial District, and the owner’s possession is otherwise illegal, or is otherwise determined by the holding law enforcement agency as dangerous, shall be deemed aban­doned notwithstanding such notice requirement. (E.g., kegs possessed by minors, unlawful fireworks or those possessed unlawfully by minors) However, any abandoned cash ac­quired by the District Attorney from any law enforcement agency shall be deposited in the forfeiture account and shall be disposed of in accordance with Resolution No. 92-469, as amended.

“Dangerous property” means property that poses a threat to the health, safety or welfare of the citizens of the county.

“Unclaimed property” includes property that is payable or distributable but not claimed by the owner on the date such property becomes payable or distributable.

“Property” within the meaning of this chapter does not include animals. In addition, abandoned motor vehicles shall be subject to the provisions set forth in Title 42 of the Colorado Revised Statutes.

“Nominal value” means a market value of twenty-five dollars ($25.00) or less. (Res. 02-239 (part))

4.32.020 Applicability.

This chapter applies to all abandoned property in the possession of any county officer or employee. It is the board’s intent that the policies set forth herein shall be consistent with Parts 3, 5 and 6 of Article 13, Title 16 and Section 18-12-110 of the Colorado Revised Statutes regarding confiscated, seized and/or forfeited property and firearms. (Res. 02-239 (part))

4.32.030 Notice.

Except as otherwise provided by Sections 4.32.050 and 4.32.060, the procedures for giving notice to owners of abandoned property are as follows:

A. Except as otherwise required by subsection (C) of this section, within twenty (20) days after obtaining possession of abandoned property, other than property which has nominal commercial value, the county official or the director of the county department having possession of such property, or their respective designees, shall send a written notice to any known owner of such unclaimed property at his or her last known address. When ownership of such property is unknown, the official or director shall determine ownership that may be ascertained readily. The last known address of the owner shall be that shown by any official records of the county. The notice shall include a description of the property and, if applicable, how the county official or department acquired possession of the property. The notice shall state where the owner may claim the property.

B. If the property remains unclaimed thirty (30) days after written notice has been sent to the last known address of the owner, the property shall be considered abandoned property subject to disposition as set forth herein. In the event ownership cannot be determined readily or there is no address for an owner in official records of the county, such property shall be deemed immediately abandoned.

C. Any elected official or Director of a department, other than a law enforcement agency, who acquires possession of an abandoned firearm, as such term is defined in Section 4.32.050, shall immediately notify the County Sheriff who shall take immediate custody of such property. (Res. 02-239 (part))

4.32.040 Disposition.

A. An elected official or the department head in possession of the abandoned property who wishes to retain such property for county use shall inform the Director of Purchasing of the intent to retain the property. If the elected official or the director of the department does not wish to retain the abandoned property he or she shall immediately transfer such property to the County Purchasing Department. Such property shall be recorded and maintained the same as all other county property. Further disposition of such property shall be in accordance with the County Inventory Policy.
B. Elected officials or department directors may establish administrative procedures for validating ownership of the property and the validity of a claim for such property.
C. If property has nominal or no commercial value or the property is illegal or dangerous, the elected official or department head or his or her respective designee holding such property may properly dispose of or destroy the property at any time. (Res. 02-239 (part))

4.32.050 Firearms.

Unless otherwise required by state or federal law, including Article 13 of Title 16, of the Colorado Revised Statutes, any abandoned firearm, as such term is defined in Section 18-1-901(h), C.R.S., shall be disposed of as follows:
A. Firearms may be retained by the Pueblo County Sheriff’s Office for training or operational use and shall be subject to applicable provisions of the Pueblo County Inventory Policy.

B. Firearms may be sold or transferred directly to another law enforcement agency or may be traded for property held by another law enforcement agency.

C. Firearms remaining in the possession of the Pueblo County Sheriff and not used for purposes otherwise outlined herein shall be destroyed immediately by the Pueblo County Sheriff or his designee. (Res. 02-239 (part))

4.32.060 Perishable Property.

If any property seized or otherwise obtained by the county is of a perishable nature, or such nature as to make it inadvisable in the opinion of the Board of County Commissioners to retain possession, such property shall be forthwith advertised for sale at public auction with public notice to be published in a newspaper of general circulation throughout the county, not less than three days prior to such sale, which notice shall contain the date, time and place of such sale and the reason for the immediate sale. Any proceeds from such sale shall be retained by the county and transmitted to the treasurer for deposit in the County General Fund. Property that has a perishable life of less than three days may be disposed of immediately by the elected official or department head or his or her respective designee. (Res. 02-239 (part))

4.32.070 Seized-Forfeited Property.

Notwithstanding Section 4.32.040, and in addition to other provisions under Article 13 of Title 16, C.R.S., a seizing agency, as such term is defined in Section 16-13-301 (2.7), C.R.S., shall be subject to specific disposition provisions of Article 13, Title 16, C.R.S., as follows:
A. The seizing agency shall adopt policies and procedures for the expeditious release of seized property not subject to forfeiture, when release is appropriate.

B. In accordance with Section 16-13-702, C.R.S., no forfeited property or proceeds, including property or proceeds acquired pursuant to Section 16-13-601, and Parts 3, 5 and 6 of Article 13 of Title 16, C.R.S., regardless of whether the property or proceeds are acquired by court order, shall be used without prior approval of the committee on disposition of forfeited property created by Resolution No. 92¬469. If and when the committee approves the use of forfeited property or expenditure of forfeited proceeds, such property shall be considered county property and shall be subject to the County Inventory Policy and, in accordance with Section 30-10-102, C.R.S., any proceeds shall be transmitted to the County Treasurer who shall deposit same in the County General Fund.

C. The seizing agency shall comply with the reporting requirements set forth in Section 16-13-701, C.R.S.

D. The seizing agency shall comply with Sections 16-13-314 and 16-13-507, C.R.S., regarding disposition of contraband article or property.

E. Vehicles or property forfeited pursuant to Parts 3, 5 or 6 of Article 13 of Title 16, C.R.S., and ordered by the court pursuant to Sections 16-13-311(3) or 16-13-506, C.R.S., to be delivered to the seizing agency for law enforcement purposes shall be considered county property and shall be subject to the County Inventory Control Policy. (Res. 02-239 (part))

4.36.010 Designated.

I. Fees.

The Board of County Commissioners fixes the amount of fees chargeable by the Pueblo County Sheriff under Section 30-1-104, C.R.S., specifically as follows:
1. a. For serving and returning summons or other writ of process in a criminal action not specified in this section, with or without complaint attached, on each party served, actual expenses, but not more than fifteen dollars ($15.00);
b. For serving and returning a summons or other writ of process in other than a criminal action not specified in this section, with or without complaint attached, on each party served, actual expenses, but not more than thirty-five dollars ($35.00);
2. a. For making a return on a summons in a criminal action not served, for each party, actual expenses, but not more than five dollars ($5.00);
b. For making a return on a summons in other than a criminal action not served, for each party, actual expenses, but not more than twenty dollars ($20.00);
3. a. For serving and returning each subpoena in a criminal action on each witness, actual expenses, but not more than seven dollars and fifty cents ($7.50);
b. For serving and returning each subpoena in other than a criminal action on each witness, actual expenses, but not more than sixty dollars ($60.00);
4. a. For making return on a subpoena in a criminal action not served, five dollars ($5.00);
b. For making return on a subpoena in other than a criminal action not served, actual expenses, but not more than twenty dollars ($20.00);
5. For serving each juror, ten dollars ($10.00);
6. For serving and returning writ of attachment or replevin on each party, mileage and actual expenses;
7. For serving garnishee summons on each party, actual expenses, but not more than twenty dollars ($20.00);
8. a. Mileage for each mile actually and necessarily traveled in serving each writ, subpoena, or other process in a criminal action, not less than twelve cents ($.12) nor more than the maximum mileage allowance provided for state officers and employees under C.R.S. § 24-9-104, as determined by resolution of the Board of County Commissioners; except that actual and not constructive mileage shall be allowed in all cases; and, where more than one warrant is served by any officer on one trip, the actual mileage only shall be allowed such officer, and the actual mileage shall be apportioned among the several warrants served on the trip;
b. Mileage shall not exceed the mileage rate authorized for County officials and employees pursuant to C.R.S. § 30-11-107(1)(t), as amended, for each mile actually and necessarily traveled in serving each writ, subpoena, or other process in other than a criminal action;
c. The Pueblo County Sheriff may establish a zone- or zip code-based mileage fee structure. The zone- or zip code-based mileage fee structure shall establish a single mileage fee for the service of any writ, subpoena, or other process in an action, other than a criminal action, in each separate zone or zip code, as applicable in Pueblo County. The applicable single mileage fee for a zone or zip code shall be charged for all papers serviced in the zone or zip code regardless of the number of attempts or actual mileage traveled by a sheriff within the zone or zip code during a sheriff's operational period. The Pueblo County Sheriff's Office has established a zone- or zip code-based mileage fee structure as set forth in the attached Appendix "A." The single mileage fees for each zone or zip code in Pueblo County as set forth in Appendix "A" are hereby set by resolution and approved by the Board of County Commissioners. The Sheriff's Office will post Appendix "A" in a location accessible to the public pursuant to C.R.S. § 30-1-108, as amended;
9. In making demand for payment on executions when payment is not made, one dollar ($1.00);
10. For levying execution or writ of attachment, besides actual custodial and transportation costs necessarily incurred, mileage and actual expenses.
11. For levying writ of replevin, besides actual custodial and transportation costs necessarily incurred, actual expenses and mileage.
12. For custodian or deputy appointed by the Sheriff after request of the appointment by the plaintiff or his or her attorney, the sum of twelve dollars ($12.00) per diem of twelve hours, or fraction thereof;
13. For making and filing for record a certificate of levy on attachment or other cases, actual expenses, but not more than thirty dollars ($30.00);
14. For committing and discharging prisoners to and from the county jail, a reasonable fee, not to exceed thirty dollars ($30.00), which fee shall be collected directly from prisoners at the time of commitment, but shall be refunded to any prisoner who is not convicted;
15. For serving writ with aid of posse comitatus with actual expenses necessarily incurred in executing said writ, actual expenses, but not more than sixty dollars ($60.00); for serving same without aid, actual expenses, but not more than four dollars ($4.00);
16. For attending before any judge, court not being in session, with prisoners with writ of habeas corpus for each day of twelve (12) hours, or fraction thereof, twelve dollars ($12.00);
17. For attending courts of record when in session, per diem of twelve (12) hours, or fraction thereof, twelve dollars ($12.00); but the attendance upon the county court shall be certified by the judge of said court at the close of each month;
18. For advertising property for sale, besides the actual cost of the advertising, actual expenses, but not more than thirty dollars ($30.00);
19. For making certificates of sale previous to execution of deed, or on sales of personal property, actual expenses, but not more than thirty dollars ($30.00);
20. For executing and acknowledging deed of sale of real estate, actual expenses, but not more than forty dollars ($40.00);
21. For taking, approving, and returning bond in any case, a reasonable fee, not to exceed ten dollars ($10.00);
22. For executing capias or warrant in criminal cases, on each prisoner named therein, two dollars ($2.00);
23. For transporting insane or other prisoners, besides the actual expenses necessarily incurred, not less than twelve cents ($.12) per mile nor more than the maximum mileage allowance provided for state officers and employees under C.R.S. § 24-9-104, as determined by resolution of the Board of County Commissioners, and for the service of mittimus or other process order, whether written or otherwise, in transporting prisoners, not less than twelve cents ($.12) per mile nor more than the maximum mileage allowance provided for state officers and employees under C.R.S. § 24-9-104, as determined by resolution of the Board of County Commissioners; except that such mileage shall be only by one officer and no mileage shall be charged upon the guards attending the officer having custody of the prisoner and further except that the guards attending the officer in charge of the prisoner shall receive, besides the expenses necessarily incurred, the sum of twelve dollars ($12.00) per diem of twelve hours, or fraction thereof, to be paid out of the County Treasury;
24. For services in sales of real estate on an execution or decree, order of court, or other court process, besides actual expenses, on all bids under three thousand dollars ($3,000.00), twenty dollars ($20.00); and on all sums bid over three thousand dollars ($3,000.00), one percent (1%); but such commission shall in no case exceed the sum of one hundred dollars ($100.00);
25. For money collected by sale of personal property, on all sums bid under five hundred dollars ($500.00), five percent (5%); on all sums bid over five hundred dollars ($500.00) and under one thousand dollars ($1,000.00), six percent (6%); and on all sums bid over one thousand dollars ($1,000.00), seven percent (7%); but no fee shall be charged for an auctioneer or other person for making sales of personal property; and in no case shall such commission exceed the sum of one hundred dollars ($100.00);
26. For money collected or settlements made without sale, after writ of execution, attachment, or replevin has been placed with the officer or sheriff and levy or demand for payment has been made on the proper party, on all amounts under five hundred dollars ($500.00), three percent (3%); on all amounts over five hundred dollars ($500.00) and under one-thousand dollars ($1,000.00), two percent (2%); and on all amounts over one thousand dollars ($1,000.00), one and one-half percent (1 ½ %); but the fee in no case shall exceed the sum of one hundred and fifty dollars ($150.00); and the plaintiff or any person making any settlement shall be liable to the Sheriff for such fees;
27. For pursuing and capturing, or pursuit without capture, when previously authorized by the Board of County Commissioners, each prisoner charged with the commission of any crime denominated a felony, beyond the limits of the county, all necessary expenses of such pursuit, upon a verified, itemized account being presented for the same, together with twelve dollars ($12.00) per diem of twelve (12) hours for the time occupied in such pursuit;
28. For serving and returning writ of ne exeat or body attachment, actual expenses, but not more than twenty dollars ($20.00);
29. For serving copy of execution when making levy on shares of stock under execution, on each party served, actual expenses, but not more than sixty dollars ($60.00);
30. For making certificates of levy on shares, or otherwise, actual expenses, but not more than thirty dollars ($30.00);
31. For making return on execution, actual expenses, but not more than sixty dollars ($60.00)
32. For executing certificate of redemption, actual expenses, but not more than thirty dollars ($30.00);
33. For service of any writ of restitution or order of possession of premises, besides actual transportation costs necessarily incurred, actual expenses not to exceed two hundred dollars ($200.00) except that a sheriff may charge for actual expenses in excess of two hundred dollars ($200.00) if the work performed exceeds two (2) hours in duration. A sheriff may charge a fee under this paragraph after the sheriff has provided a detailed accounting of his or her actual expenses to the person requesting such service. Actual transportation costs assessed pursuant to this paragraph shall only be charged once per location for each service or execution.

II. Two or more papers served on the same person or different persons at the same time and place in same action.

Pursuant to C.R.S. § 30-1-105.5, as amended, in situations when two or more papers are served on the same person or different persons at the same time and place and in the same action, the Sheriff shall charge the highest individual fee allowable pursuant to C.R.S. § 30-1-104 for the first process and an additional ten dollars ($10.00) for each subsequent process served. The Sheriff shall charge the single zone mileage-based fee for the first process.

III. Billing Accounts.

Pursuant to C.R.S. §30-1-106(1), no sheriff shall refuse to serve any writ, summons, or notice requested by any person entitled to such service, when offered or tendered the fees allowed by law for such service; nor shall he or she charge, demand, or receive any greater sum or compensation or allowance. Pursuant to C.R.S. § 30-1-106(2) and (3), as amended, the Pueblo County Sheriff's Office has the authority to establish billing accounts for licensed attorneys and licensed collection agencies that have a principal office located in the State of Colorado. The Sheriff's Office Civil Division has the authority to develop standardized procedures for billing the accounts authorized herein, including the ability to suspend the billing privileges of any entity for nonpayment of a fee upon demand or other good cause shown. (Res. 10-210)

Sheriff Civil Fees Amended Appendix - 08-26-2010.pdf

4.40.010 Fees assigned.

A. All offenders placed in the Pueblo County work release program prior to the effective date of the resolution codified in this section, shall pay a fee of eight dollars ($8.00) per day for participation in the Pueblo County work release program.
B. For all offenders placed in the work release program after the effective date of said resolution, fees for participation in the Pueblo County work release program are established as set forth below, and these fees shall be paid for all work release offenders sentenced as a condition of probation, and for all other work release offenders, in the order of priority as set forth in Sections 16-11-212(2), and 17-26-128(5), C.R.S.

 (Res. 94-370 § 1; Res. 94-274 §§ 2, 3)

5.04.010 Purpose and Definitions.

The purpose of this Chapter is to set forth those procedures and policies involving liquor license applications that are specific to unincorporated Pueblo County.  Nothing in this Chapter shall be construed as limiting the power of the Local Licensing Authority under Article 47 of Title 12 or under any other state or local law.  As used in this Chapter, the term “Director” means the Director of the Department of Planning and Development or his or her designee. (Res. 16-192)

5.04.020 Temporary Permits.

A.         Application.  The Director is authorized to issue on behalf of and under the authority of the Liquor and Marijuana Licensing Board a temporary permit to a transferee of any class of beer or liquor license pursuant to Section 12-47-303, C.R.S., which temporary permit shall authorize the transferee to continue selling such fermented malt or alcoholic beverages as permitted under the permanent license during the period during which an application to transfer the ownership of the permanent license is pending or for one hundred twenty (120) days, whichever is lesser.  No application for a temporary permit may be accepted until after the Director has accepted the related application for transfer of ownership and determined that the related application is complete and accompanied by payment for all state and local fees.

B.         Issuance.  Within five working days of accepting a complete application for a temporary permit together with the applicable fee, the Director shall issue a temporary permit to the transferee.  

C.         Extension.  The authority to grant any extensions of a temporary permit issued hereunder or any actions involving the cancellation, revocation, or suspension of the permit shall remain with the Liquor and Marijuana Licensing Board. (Res.16-192)

5.04.030 Optional Premises Licenses and Permits.

A.         Standards Adopted – Definitions.  This Section sets forth and adopts standards for the issuance of optional premises licenses and optional premises permits for hotel and restaurant licenses pursuant to the provisions of Section 12-47-310, C.R.S., as amended.  The standards set forth in this section shall be considered in addition to all other standards applicable to the issuance of optional premises licenses and permits under the Colorado Liquor Code.  As used in this Section, the term “optional premises permit” shall mean a permit for an optional premises associated with a hotel and restaurant license where the licensee may sell or serve alcohol beverages. 

B.         Eligible Facilities.  An optional premises license or permit may only be issued to a person operating an outdoor sports and recreational facility as the same is defined in Section 12-47-103(22)(a), C.R.S.  The types of facilities which may be considered for an optional premises license or permit include, but are not limited to, the following:

            1.         Country clubs;

            2.         Golf courses and driving ranges;

            3.         Ice skating areas;

            4.         Swimming pools;

            5.         Outdoor tennis courts and clubs; and

            6.         Equestrian centers. 

Facilities other than those set forth above may be considered for an optional premises license or permit subject to the standards contained in this Chapter and the Colorado Liquor Code.  There is no restriction on the minimum or maximum size of an eligible facility or on the number of optional premises any one facility may have, but the size of the facility and number of optional premises may be considered in determining whether the applicant has adequately established that the application should be approved.  Where an applicant seeks to license or permit more than one optional premises, the applicant must demonstrate the need for multiple premises and describe the operational relationship among all optional premises and, if applicable, between each optional premises and the associated hotel or restaurant.

C.         Application Requirements.  In addition to any other requirement imposed by this Chapter or by the Colorado Liquor Code, the following application requirements apply to an applicant seeking an optional premises license or permit:

1.         A map, diagram, or other drawing demonstrating the boundaries of the outdoor sports and recreational facility and the boundaries of existing and proposed optional premises  within the facility;

2.         In the case of an application for a optional premises permit, a map, diagram, or other drawing demonstrating the boundaries of the existing or proposed licensed premise for the associated hotel and restaurant license and clearly showing how that licensed  premise connects with the related outdoor sports and recreational facility;

3.         A description of the method which shall be used to identify the boundaries of the optional premises when it is in use, as well as a description of the method which will be used to identify and control the optional premises when it is in use.  For example,   the applicant may describe the types of signs, fencing or other notices or barriers to     be used in order to control the optional premises;

4.         In the case of an application for an optional premises permit, a description of the operational relationship between the hotel or restaurant and the optional premises;

5.         A description of the provisions which have been made for storing malt, vinous and spirituous liquors in a secured area on or off the optional premises for future use on the   optional premises; and

6.         In the case of an application for multiple optional premises, a description of the operational relationship among all optional premises and the reason why multiple optional premises are being sought.

D.         Advance Notification.  Pursuant to Section 12-47-310(3) and (4), C.R.S., no alcoholic beverages may be served on an optional premises without the licensee first having provided written notice to the state and local liquor licensing authorities at least forty-eight (48) hours prior to serving alcoholic beverages on the optional premises. The notice must contain the specific days and hours during which the optional premise is to be used and may specify any date of use which is no more than one hundred eighty (180) days from the notice date.  All notices directed to Liquor and Marijuana Licensing Board shall be provided to the Director and must be received during working hours at least forty-eight (48) hours prior to the serving of alcoholic beverages on the optional premises. 

E.         Hearings – Specific Standards – Orders.  Any application for an optional premises license or permit may only be approved after a public hearing held in conformance with C.R.S. § 12-47-311, except that a hearing on an application for an optional premises permit may be heard as part of a hearing for the related hotel and restaurant license.  In addition to any other standards imposed by this Chapter or the Colorado Liquor Code, the Liquor and Marijuana Licensing Board must find that the application for the optional premises license or permit contains the information required by subsection D. above and that applicant has established that it will maintain adequate control over all optional premises to be licensed or permitted and operate those premises in strict compliance with all applicable provisions of this Chapter and the Colorado Liquor Code.  In the case of an application for multiple optional premises, the applicant must meet this burden with respect to each optional premises and establish that there is a rational basis for seeking multiple optional premises.  If the applicant has not met this burden, the Liquor and Marijuana Licensing Board may deny the application or approve it with conditions.  All orders approving an application for an optional premises license or permit shall be available for inspection at each optional premises location when it is in use.  (Res. 16-192)

5.04.040 Tasting Permits.

A.         Definition.  As used in this section, unless the context clearly requires otherwise, tastings means the sampling of malt or vinous liquors that may occur on the premises of a retail liquor store licensee or liquor-licensed drugstore licensee by adult patrons of the licensee.

B.         Application.  A retail liquor store or liquor-licensed drugstore licensee desiring to conduct alcohol beverage tastings must submit, together with the applicable fees, a new application for a permit or a renewal application in accordance with the requirement of this section.  An application for alcohol beverage tastings permit must be submitted to the local liquor licensing authority no later than thirty (30) days prior to the date of the first alcohol beverage tastings requested in application, or at the time of license renewal, whichever occurs first.  At a minimum, the application must include the following information:

1.     The name of the licensee and location of the premises of the retail liquor store or liquor-  licensed drugstore;

2.     Schedule of the specific dates and times of requested alcohol beverage tastings for the    period of the permit.  Following approval of a tastings permit and the tastings schedule  by the local liquor licensing authority, the licensee may amend such schedule by    delivering to the local liquor licensing authority, at least fourteen (14) days prior to an unscheduled event, a notice of amendment of the approved schedule;

3.     A copy of a certificate of training for individuals who will conduct beverage tastings; and

4.     Any other information requested by the local liquor licensing authority reasonably  necessary to ensure compliance with the requirements of this resolution and with C.R.S. § 12-47-301(10), as amended.

C.         Decision on Application.  The local licensing authority shall hold a hearing on a new application for a tastings permit.  The authority may deny an application for issuance of an alcohol beverage tastings permit upon the following grounds:

1.     The applicant has failed to establish that the applicant is able to conduct alcohol   beverage tastings in compliance with this resolution or with C.R.S. § 12-47-301(10), as amended;

2.     The alcohol beverage tastings requested by applicant creates, or threatens to create, a  public safety risk to the neighborhood; or

3.     The Licensee has violated the Colorado Liquor Code or any rules and regulations authorized pursuant to such code during the one (1) year immediately preceding the date of the application.

D.         Permits once issued.  An alcohol beverage tastings permit shall be valid for the period of the then-existing liquor license, and the permit may be renewed at the time of any liquor license renewal.  If, upon considering the renewal of a permit, the authority believes there may be grounds to not renew, it shall set the matter for a hearing at its next meeting.  The licensee must submit a tastings renewal application and fee along with the application for the renewal of the license.  Alcohol beverage tastings shall be conducted in compliance with and subject to the conditions and requirements set forth in this Section and C.R.S. § 12-47-301(10), as amended. (Res. 16-192)

5.04.050 Fees.

A.            Local Fees.  At the time of application, applicants shall provide to Pueblo County payment for all applicable local fees.  Unless stated otherwise in this Section, the Board of County Commissioners adopts as Pueblo County’s local fees for liquor licenses, permits, and applications, and related fees, the amounts required, or maximum amounts permitted, as the case may be, under C.R.S. § 12-46-107(2), § 12-47-302(2)(a), -303(3)(c), 411(12), -412(8), -505(1), (4), (5), § 12-48-107(2), and any other relevant provision, as reflected in the local fees listed in the Colorado Liquor Enforcement Fee Schedule, as amended.  The fee for a new and renewal application for a tasting permit shall be seventy-five dollars ($75.00) as authorized by C.R.S. § 12-47-301(10)(b).

B.            State Fees.  At the time of application, applicants shall provide to Pueblo County payment to the Colorado Department of Revenue for those state fees to be paid to the Department pursuant to C.R.S. § 12-47-501, -505(3), or any other provision, as reflected in the state fees listed in the Colorado Liquor Enforcement Fee Schedule, as amended.  Pueblo County shall forward payment for state fees to the Colorado Department of Revenue.  Nothing in this Section shall be construed as modifying, approving, or having any effect on the status or applicability of state fees.

C.            Fee Schedule.  A copy of, or web link to, the current Colorado Liquor Enforcement Fee Schedule and this Section shall be posted conspicuously on the Pueblo County website. (Res. 16-192)

5.04.060 Neighborhood Designation.

Upon receipt of an application for which the consideration of the needs and desires of a neighborhood is required, the Director of the Pueblo County Department of Planning and Development, or his or her designee, shall set a designated neighborhood of the proposed licensed establishment.  The neighborhood is presumed to be the area within a two-mile radius from the center point of the property on which the proposed licensed establishment is or will be located.  After reviewing a map of a two-mile radius and the estimated number of inhabitants within that radius, the Director shall consider whether the presumptive neighborhood should be applied.  The area’s population density, its traffic patterns, the configuration of streets, highways, natural features, and any other factors related to the neighborhood designation may be considered.  In no case shall a designated neighborhood be smaller than a one and one-half mile radius or contain fewer than what the Director estimates to be one hundred fifty inhabitants who are twenty-one years of age or older.  If the Director determines that the presumptive neighborhood should not or cannot be used, a modified neighborhood shall be set.  The Director’s decision shall be in writing and shall briefly explain why the presumptive neighborhood is appropriate or, if not, how the modified neighborhood was designated.  The decision and a map of the designated neighborhood shall be provided to the applicant and to the Board. (Res. 16-192)

5.04.070 Preliminary Investigation.

The Director of the Pueblo County Department of Planning and Development, or his or her designee, shall be responsible for conducting the preliminary investigation and releasing the findings of such investigation as required under C.R.S. § 12-47-312(1).  (Res. 16-192)

5.04.080 Application Requirements.

All applications submitted under articles 46, 47 or 48 of title 12, Colorado Revised Statutes, must be submitted along with applicable fees and required documents in support of the application, including proof of possession.  The Director may reject any incomplete application.  In the event it is determined that additional information must be provided to staff to complete or clarify an application, the Director shall notify the applicant in writing and the applicant shall promptly provide all requested information.  In the event the applicant does not provide such information within ten days from the date of the written request, the Director may reject and return the application as incomplete, requiring the applicant to apply again.  In the event an applicant for a new liquor license seeks to operate in a location that is not yet ready for occupancy, the Board may require, as a condition of approval, that the applicant finalize construction and secure a certificate of occupancy within a reasonable time from the date of approval. (Res. 17-151)

5.08.010 Fees

The Board establishes a fee of three hundred fifty dollars ($350.00) for new massage parlor license applications filed with the county effective December 10, 1998.

The fee of three hundred fifty dollars ($350.00) for new massage parlor license applications shall include all administrative processing fees to include a picture I.D. card.

A renewal application fee of one hundred fifty dollars ($150.00) shall be paid annually in advance to the County Treasurer by all license applicants whose premises are located within unincorporated Pueblo County. (Res. 98-443)

PART 1 – Authority and Definitions

(Sections 5.12.010 through 5.12.020)

5.12.010 Authority and Scope.

1. Establishment. These regulations were adopted pursuant to Resolution No. 22-006, of the Pueblo County Board of County Commissioners and replace the prior Chapter 5.12 adopted by Resolution No. 20-009, and as subsequently amended.  The purpose of replacing prior regulations is to clarify the policy of Pueblo County in regulating Retail and Medical Marijuana Establishments.  The provisions of this Chapter 5.12 of the Pueblo County Code shall be known and may be cited as the Pueblo County Marijuana Code. 
2. Authority. This Chapter is adopted pursuant Sections 14 and 16 of Article XVIII of the Colorado Constitution; Article 10 of Title 44, C.R.S.; and the Code of Colorado Regulations. It governs the operation of Retail Marijuana Establishments and Medical Marijuana Establishments within unincorporated Pueblo County and the authority of the Pueblo County Liquor and Marijuana Licensing Board (the “Board”), Hearing Officer, and the Licensing Agent when acting as the local licensing authority for retail marijuana or medical marijuana, as applicable, and as further described in Chapter 5.16 of the Pueblo County Code.
3. Jurisdiction.  All persons who have submitted applications for Marijuana Establishments within unincorporated Pueblo County, all Approved Businesses, and all persons who have been approved or licensed in the past, as applicable, are subject to these regulations.  Noncompliance with any provision of this Chapter may constitute a violation. (Res. 22-006)

5.12.020 Definitions.

Unless otherwise defined herein, the terms in this Chapter shall have the same meaning as set forth in: Chapter 5.16 of the Pueblo County Code; Sections 14 and 16 of Article XVIII of the Colorado Constitution; Article 10 of Title 44, C.R.S.; the Code of Colorado Regulations; and any other rules promulgated pursuant thereto. The following words and phrases, when used in this Chapter, shall have the meanings respectively assigned to them:

1. “Advertise, advertising or advertisement” means the act of drawing the public’s attention to a Medical or Retail Marijuana Establishment’s premise or name in order to promote the sale of marijuana or marijuana products.
2. “Approved Business” means a licensee or a person or entity conditionally approved for licensure under this Chapter.
3. “Colorado Marijuana Code or Colorado Marijuana Laws” mean all laws in the State of Colorado regarding regulated marijuana including Sections 14 and 16 of Article XVIII of the Colorado Constitution; Article 10 of Title 44, C.R.S.; and rules promulgated in the Code of Colorado Regulations.
4. “Hearing Officer” means the Hearing Officer selected by the Board of County Commissioners.
5. “Licensing Agent” means the person designed by the Board of County Commissioners to process marijuana applications or, if no such person has been specifically designated, the Director of the Department of Planning and Development or his or her designee.
6. “License” means to grant a license or registration pursuant to this Chapter.
7. “Licensed Premises” means the premises specified in an application for a license under this Chapter, which are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, test, or sell marijuana in accordance with the provisions of this Chapter and in accordance with the provisions of the Colorado Marijuana Code and any rules adopted pursuant thereto.
8. “Licensee” means a person licensed or registered pursuant to this Chapter.
9. “Limited Access Areas” means and shall be a building, room, or other contiguous area upon the licensed premises where marijuana is grown, cultivated, stored, weighed, displayed, packaged, sold, or possessed for sale, under control of the licensee, with limited access to only those persons licensed by both the State Licensing Authority and the local Licensing Authority.
10. “Location” means a particular parcel of land that may be identified by an address or other descriptive means.
11. “Marijuana” means both Medical Marijuana and Retail Marijuana as those terms are defined herein.
12. “Marijuana Establishment” means both a Medical Marijuana Establishment and a Retail Marijuana Establishment as those terms are defined herein.
13. “Medical Marijuana” means marijuana that is grown, manufactured, stored, and/or sold pursuant to the provisions of these regulations and the Colorado Marijuana Laws.
14. “Medical Marijuana Cultivation Facility” means a person licensed pursuant to this Chapter and to the Colorado Marijuana Code to operate a business as described in C.R.S. § 44-10-502.
15. “Medical Marijuana Establishment” means a Medical Marijuana Cultivation Facility, Medical Marijuana Products Manufacturer, Medical Marijuana Store, or a Storage Warehouse.
16. “Medical Marijuana Product” means a product infused with Medical Marijuana that is intended for use or consumption other than by smoking, including, but not limited to edible products, ointments, and tinctures.
17. “Medical Marijuana Products Manufacturer” means a person licensed pursuant to this Chapter and to the Colorado Marijuana Code to operate a business as described in C.R.S.  § 44-10-503.
18. “Medical Marijuana Store” means a person licensed pursuant to this Chapter and to the Colorado Marijuana Code to operate a business as described in C.R.S. § 44-10-501 and to sell Medical Marijuana to registered patients or primary caregivers as defined in Article XVIII, Section 14 of the Colorado Constitution, but is not a primary caregiver.
19. “Medical Marijuana Testing Facility” means a public or private laboratory licensed pursuant to this Chapter and to the Colorado Marijuana Code, to perform testing and research on Medical Marijuana.
20. “Medical Marijuana Transporter” means a person that is licensed pursuant to this Chapter and the Colorado Marijuana Code to transport Medical Marijuana and Medical Marijuana Products from one Medical Marijuana Establishment to another Medical Marijuana Establishment and to temporarily store the transported Medical Marijuana and Medical Marijuana Products at its Licensed Premises, but is not authorized to sell Medical Marijuana or Medical Marijuana Products under any circumstances.
21. “Openly and Publicly” for the purpose of consuming marijuana means on public property or a place of business open to the public without restrictions such as a restriction on age or a membership requirement.
22. “Operating fees” means fees that must be paid by a Retail Marijuana Establishment licensee for the costs of administering and enforcing this Chapter.
23. “Person” means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, Licensing Agent, or officer thereof; except that “Person” does not include any governmental organization.
24. “Premises” means a distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area.
25. “Residential Area” means an area within an agricultural zone district consisting of parcels that are, by virtue of covenants on the land, part of or subject to the oversight of a common homeowners’ or property owners’ association.
26. “Retail Marijuana” means marijuana that is grown, tested, manufactured, stored, and/or sold pursuant to the provisions of these regulations, the Colorado Marijuana Code and Section 16 of Article XVIII of the Colorado Constitution.
27. “Retail Marijuana Cultivation Facility” means a person licensed pursuant to this Chapter and the Colorado Marijuana Code to cultivate, prepare, and package Retail Marijuana and sell Retail Marijuana to Retail Marijuana Stores, to Retail Marijuana Products Manufacturers, and to other Retail Marijuana Cultivation Facilities, but not to consumers.
28. “Retail Marijuana Establishment” means a Retail Marijuana Store, a Retail Marijuana Cultivation Facility, a Retail Marijuana Products Manufacturer, Storage Warehouse, or a Retail Marijuana Testing Facility as set forth in Section 16 of Article XVIII of the Colorado Constitution and as may be more fully defined in the Colorado Marijuana Code.
29. “Retail Marijuana Products Manufacturer” means a person licensed pursuant to this Chapter and the Colorado Marijuana Code to purchase Retail Marijuana; manufacture, prepare, and package Retail Marijuana Product; and Transfer Retail Marijuana, Retail Marijuana Concentrate, and Retail Marijuana Product only to other Retail Marijuana Products Manufacturers, Retail Marijuana Stores, Retail Marijuana Hospitality and Sales Businesses and Pesticide Manufacturers.
30. “Retail Marijuana Store” means a person licensed pursuant to this Chapter and the Colorado Marijuana Code to purchase Retail Marijuana and Retail Marijuana Concentrate from a Retail Marijuana Cultivation Facility and to purchase Retail Marijuana Product and Retail Marijuana Concentrate from a Retail Marijuana Products Manufacturer, and to transfer Retail Marijuana to consumers.
31. “Retail Marijuana Testing Facility” means a person licensed pursuant to this Chapter and the Colorado Marijuana Code to analyze and certify the safety and potency of marijuana.
32. “Retail Marijuana Transporter” means a person that is licensed pursuant to this Chapter and the Colorado Marijuana Code to transport Retail Marijuana from one Retail Marijuana Establishment to another Retail Marijuana Establishment or to a Pesticide Manufacturer, and to temporarily store the transported Retail Marijuana at its Licensed Premises, but is not authorized to sell, give away, buy, or receive complimentary Retail Marijuana under any circumstances. A Retail Marijuana Transporter does not include a Licensee to transport or distribute its own Retail Marijuana.
33. “School” means a public or private elementary, middle, junior high or high school.
34. “State Licensing Authority” means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, testing and sale of marijuana in this State pursuant to the Colorado Marijuana Code.
35. “Storage Warehouse” shall mean a premise permitted to store marijuana pursuant to this Chapter and the Colorado Marijuana Code.
36. “ZCRM” means a Zoning Compliance Review-Marijuana, which is required under Title 17, Division 1, Zoning of this Code and necessary to determine whether a licensing application can be accepted consistent with the requirements of this Chapter. (Res. 22-006)

PART 2 – License Requirements and Restrictions

(Sections 5.12.030 through 5.12.080)

5.12.030 Licenses.

  A. Local Retail and Medical Marijuana Establishment licenses shall be issued in addition to state licenses. The license types are as follows:

1. Medical Marijuana Cultivation Facility License;
2. Medical Marijuana Products Manufacturer License;
3. Medical Marijuana Store License;
4. Medical Marijuana Testing Facility License;
5. Medical Marijuana Transporter License;
6. Retail Marijuana Store License;
7. Retail Marijuana Cultivation Facility License;
8. Retail Marijuana Products Manufacturer License;
9. Retail Marijuana Testing Facility License;
10. Retail Marijuana Transporter License;
11. Storage Warehouse License.

  B. The acceptance of new applications shall be subject to the requirements and restrictions of this Chapter, including the applicable caps on maximum licenses subject to Section 5.12.070.A.

  C. Any licenses issued under prior titles pursuant to this Chapter and the Colorado Marijuana Laws may continue to operate under the new license titles and any future changes to those titles shall have no impact on the requirements and restrictions for each license type.

  D. A license provided and issued pursuant to this Chapter shall specify the date of issuance, the date of approval, the period of licensure, which shall be one year from the date of approval or, if the approval order has been extended by the Board, one year from the expiration of the initial approval, the name of the licensee and the premises licensed.  The period of licensure for Retail Marijuana Transporter Licenses and Medical Marijuana Transporter Licenses shall be two years from the date of approval or, if the approval order has been extended by the Board, two years from the expiration of the initial approval. The licensee shall, at all times, conspicuously post all licenses, diagrams, and security plans on the licensed premises pursuant hereto.(Res. 22-006)

5.12.040 General Requirements.

1. State Laws. 
   1. All applicants, licensees, or other persons subject to these regulations shall, at all times, be familiar with the requirements of this Chapter, of the Colorado Marijuana Laws, and of any application and reporting procedures set forth by the Licensing agent, including any updates or changes made to such requirements.
   2. All applicants, licensees, or other person subject to these regulations shall, at all times, comply with all provisions of this Chapter, the Colorado Marijuana Laws, and any application or reporting procedures set forth by the Licensing Agent. Noncompliance with such laws or regulations and any violation under such laws or regulations constitutes a violation under this Chapter and shall be grounds to deny an application or for an enforcement action.
   3. To the extent the state has adopted or adopts in the future any laws or rules stricter than or inconsistent with the provisions of this Chapter, those laws or regulations shall control.
   4. To the extent the state has adopted or adopts in the future any laws or rules that require local licensing authority approval or the local licensing authority to opt-in, Pueblo County shall remain exempt from such changes unless and until the Board of County Commissioners approve the new law or rule.
   5. Any waiver of requirements pursuant to State laws or regulations issued by the State will not constitute a waiver of compliance requirements for local licensing purposes pursuant to this Chapter, other Colorado Marijuana Laws, or other requirements under the Pueblo County Code.
2. Rules by Licensing Agent. The Licensing Agent is authorized to make rules and publish forms and policy consistent with the intent and spirit of this Chapter concerning applications, the application process, the information required of applicants, the application procedures, reporting of changes, and the administration and procedures to be used and followed in the application process, hearings, and general license administration.
3. Conditional Orders.  Where reasonably necessary and otherwise consistent with the provisions of this Chapter, the Local Licensing Authority may conditionally approve any application made under this Chapter and may also issue a conditional or stipulated license or place conditions on an existing license.
4. Effect of Investigation.  Except for a license renewal application, the Licensing Agent shall not accept any application from a person the Licensing Agent knows to be under investigation or facing disciplinary action by Pueblo County or the Colorado Department of Revenue for a violation of this Chapter or state laws or regulations unless ordered to do so by the Pueblo County Liquor and Marijuana Licensing Board. (Res. 22-006)

Section 5.12.050 Land Use Requirements and Inspections.

1. Possession Generally.
   1. No application for a new license, for a change of location, or for a transfer of ownership shall be accepted unless the Licensing Agent receives sufficient proof that the Approved Business or applicant is in possession of the premises or will be entitled to possession of the premises for the entire period of the license.
   2. Unless a condition of approval provides otherwise, an approved applicant must at all times after approval maintain possession of the premises to be licensed.
   3. A licensee must maintain possession of its licensed premises at all times after licensure.  Possession is a prerequisite of licensure and any loss of possession while licensed invalidates the license.
   4. Loss of possession by licensees or approved applicants shall be addressed as provided in Section 5.12.090.B below.
2. ZCRM.  No application for a new license, a change of location shall be accepted until the premises to be licensed has been approved by the Department of Planning and Development through the Zoning Compliance Review – Marijuana process, which is designed to establish whether the proposed establishment would comply with Pueblo County’s land use regulations under Title 17, Division 1, Zoning of this Code. Any waiver of requirements pursuant to State laws or regulations issued by the State will not constitute a waiver of compliance requirements for local licensing purposes.
3. Continuing Land Use Compliance. In addition to any specific licensing requirements imposed by this Chapter or by the Colorado Marijuana Laws, all applicants, approved applicants, and licensees shall remain in compliance with the requirements of Title 17 of the Pueblo County Code. Any waiver of requirements pursuant to State laws or regulations issued by the State will not constitute a waiver of compliance requirements for local licensing purposes.
4. License Issuance.  In the event that the Local Licensing Authority approves an application for a new license, a transfer of ownership, or for a change of location, the license shall not issue until the building in which the business is to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with the applicable provisions of State law and regulations promulgated pursuant thereto and then only after the Local Licensing Authority has inspected the premises to determine that the applicant has complied with the plot plan including any interior work and stamped approved job site plans, to be submitted by the applicant for the interior of the building as approved by the Pueblo Regional Building Department.
5. Inspection. The licensed premises, including but not limited to any places where marijuana is grown, stored, cultivated, sold, processed, manufactured, tested, or dispensed, shall be subject to inspection by the officers of Pueblo County and any other state or local law enforcement personnel during all business hours and other times of apparent activity, for the purpose of inspection or investigation.  The officers of Pueblo County may conduct unannounced or covert compliance inspections. For examination of any inventory or books and records required to be kept by the licensees, access shall be required during business hours.  Where any part of the licensed premises consists of a locked area, upon demand to the licensee, such area shall be made available for inspection without delay and, upon request by authorized representatives of the Local Licensing Authority, the licensee shall open the area for inspection.
6. Modification of Licensed Premises. An Approved Business must receive permission from the Local Licensing Authority to modify its licensed premises prior to making any changes or modifications to the licensed premises. (Res. 22-006)

5.12.060 License Regulations.

1. Financial Interest. An Approved Business shall report each transfer or change of financial interest in the license to the Licensing Agent prior to any transfer or change.  The Approved Business must also report to the Licensing Agent, within one day of discovering the same, any act, omission, or change in circumstance that could reasonably appear to result in the violation of any provision of this Chapter or of any other state or local law.
2. Operational Changes. An Approved Business shall notify the Licensing Agent in writing within 10 days after an owner or officer ceases to manage, own or otherwise be associated with the operation. The owner or officer shall surrender his or her identification card to the State Licensing Authority on or before the date of notification.  An Approved Business shall also notify the Licensing Agent in writing of the name, address, and date of birth of an owner or officer within ten days of the new owner or officer begins managing, owning, or being associated with the operation.
3. Operating Conditions. An Approved Business shall, at all times, meet and comply with the following operating conditions and standards:
   1. An applicant or Approved Business shall not take any actions for which a license is required without holding both a valid license issued under this Chapter and a valid corresponding state license.
   2. No license otherwise approved pursuant to this Chapter shall issue until the license, application fees and any licensing or operating fees due to the State of Colorado and/or the County of Pueblo have been fully paid and received.
   3. Each licensee shall retain all books and records, including state METRIC reports, necessary to show fully the business transactions of the licensee for a period of the current tax year and the three immediately prior tax years. The same shall be available on demand to the officers of Pueblo County.
4. Any Marijuana Establishment licensed pursuant to this Chapter may be required to demonstrate, upon demand by the Local Licensing Authority or by law enforcement officers, that the source and quantity of any marijuana found upon the licensed premises is in full compliance with any applicable State law or regulation.
5. Drive-up Windows. An Approved Business licensed pursuant to this Chapter to operate a Medical Marijuana Store or a Retail Marijuana Store may operate a drive-up window, in compliance with this Chapter and Colorado Marijuana laws, upon both local zoning approval and approval of the Local Licensing Authority.
6. Storage Warehouse.  Any person licensed pursuant to this Chapter may operate a Storage Warehouse for medical and/or retail marijuana provided they meet all the requirements of the Colorado Marijuana Code, and the Storage Warehouse is proposed to be located in place where warehouses are permitted pursuant to Title 17, Division 1, Zoning.
7. Dual Operation. A person who holds both a license to operate a Medical Marijuana Establishment and a license to operate a Retail Marijuana Establishment may operate both licenses in the same premises (“dual operation”) provided the licensee meets the requirements of the Colorado Marijuana Code and this Chapter.
   1. A Medical Marijuana Store licensee may also hold a Retail Marijuana Store license and operate a retail business operation on the same licensed premises provided that the licensee does not authorize patients under the age of 21 years to be on the premises. The licensee must post signage that clearly states: “You must be 21 years of age or older to enter this premises.” The licensee may display both medical marijuana and retail marijuana on the same sale floor, provided the licensee maintains virtual separation of its inventory. A Medical Marijuana Store that authorizes medical marijuana patients under the age of 21 years to be on the premises cannot share its premises with a Retail Marijuana Establishment and the two shall maintain distinctly separate licensed premises.
   2. A Medical Marijuana Cultivation Facility licensee may also hold a Retail Marijuana Cultivation Facility license and operate on the same premises. Persons operating dual medical and retail cultivation operations shall maintain virtual separation of the facilities, marijuana plants, and marijuana inventory.
   3. A Medical Marijuana Products Manufacturer licensee may also hold a Retail Marijuana Products Manufacturer license on the same premises. Persons operating a Medical Marijuana Products Manufacturer facility and a Retail Marijuana Products Manufacturer facility shall maintain virtual separation of the facilities, product ingredients, product manufacturing, and final product inventory. (Res. 22-006)

5.12.070 License Restrictions.

1. License Cap.

1.            The following marijuana license types are subject to a maximin cap on the number of total licenses permitted to operate in unincorporated Pueblo County. The Licensing Agent shall not accept new applications for any license type that has met the cap. The cap for each license type is as follows:

a.            Medical Marijuana Cultivation Facility Licenses shall be capped at 28 licenses.

b.            Medical Marijuana Products Manufacturer Licenses shall be capped at 19 licenses.

c.             Medical Marijuana Store Licenses shall be capped at 12 licenses.

d.            Retail Marijuana Cultivation Facility Licenses shall be capped at 122 licenses.

e.            Retail Marijuana Products Manufacturer Licenses shall be capped at 27 licenses.

f.             Retail Marijuana Store Licenses shall be capped at 32 licenses.

2.            If, at any point, the number of approved licenses in Pueblo County is greater than the maximum cap permitted, all licensees may continue to operate pursuant to this Chapter and the Colorado Marijuana Laws. There shall be no additional restrictions on licenses, other than those already specified by this Chapter and Colorado Marijuana Laws, and licenses may still apply for a change of ownership or transfer of ownership. If a license subject to a maximum cap is revoked, not renewed, or rescinded then the Licensing Agent shall not accept any new applications for that license type until the number is below the maximum cap on number of licenses permitted.

3.            If a license becomes available and the cap for that license type has not been met, the Licensing Agent may accept applications for a new license. Timing for the acceptance of new applications shall be determined by the Licensing Agent and an announcement of such acceptance shall be posted on the County website. The Licensing Agent shall use a lottery system for selecting an applicant(s). Lottery applications will proceed according to rules published by the Licensing Agent at the time acceptance of new applications are announced. Selected applicant(s) shall than submit a new application pursuant to Section 5.12.130.

4.            At no time shall any licensee be permitted to switch their license type and a licensee who seeks to add a license for a dual operation, pursuant to Section 5.12.060.G of this Chapter, must apply for a new license in accordance with these rules. There are no exceptions to the maximum cap on licenses.

      B.   Store Restrictions. In addition to any specific licensing requirements imposed by this Chapter and the Colorado Marijuana Laws, the following restrictions shall apply to all Retail Marijuana Stores and Medical Marijuana Stores:

1.            There shall be no personal delivery of marijuana within unincorporated Pueblo County. This restriction shall apply to all licensees and to any stores that may be located outside of unincorporated Pueblo County.

2.            Stores shall not use walk-up windows at their location and shall not permit any customers to walk up to a drive-up window at the store.

      C.   General Restrictions. All licenses are subject to any additional conditions or restrictions placed on the license by the Local Licensing Authority at the time of approval or renewal, as the result of an enforcement action, or as a restriction under former versions of this Chapter that were valid at the time of application. (Res. 22-006)

5.12.080 Conditionally Approved Applications.

1. Privileges of licensure not vested.  An order of the Local Licensing Authority conditionally approving an application is not a license but only the right to obtain a license once certain conditions have been met.  A conditionally approved applicant is not a licensee and may in no case exercise the privileges of licensure, including operating a licensed establishment, taking any other preliminary steps for which, a license is required, or transferring the conditional approval through a transfer of ownership.
2. Jurisdiction of Local Licensing Authority.  A conditionally approved applicant is subject to the jurisdiction of the Licensing Agent and Board and to investigation by Pueblo County, disciplinary actions before the Board or Hearing Officer, and any other requirements or procedures imposed by law or by order of the Board.  All rights conveyed through the Local Licensing Authority’s approval or conditional approval may be suspended or revoked through the same procedure, and with the same effect, as a license. 
3. Violations and Administrative Revocation.  It shall be a violation of this section for a conditionally approved applicant to commit an act or omission, which, if committed by a licensee, would be a violation of any other provision of this Chapter or of the Colorado Marijuana Code.  Additionally, the Local Licensing Authority may also, without finding a violation, administratively rescind an approval order and revoke all rights conferred thereby if it finds that a circumstance necessary to its approval has materially changed or ceased to exist.  At any point prior to the issuance of the license, the Local Licensing Authority or the Licensing Agent, subject to approval by the Local Licensing Authority at its next meeting, may stay the issuance of a license if it reasonably appears that a conditionally approved applicant has violated or is being investigated for violating any provision of this Chapter or of the Colorado Marijuana Code, or if it reasonably appears that there are grounds to rescind the conditional approval order.
4. Conditional Approval Extensions.  When any conditionally approved applicant requires an extension to complete an act required by its approval order, the Board may, unless this Chapter or the Colorado Marijuana Code require otherwise, provide a one-time extension of the term of the order if the applicant requesting the extension demonstrates that the delay at issue was reasonably justified, and the applicant is in compliance with the terms and conditions of the order, of this Chapter, and of the Colorado Marijuana Code. It is at the discretion of the Board to determine if the facts establish a reasonable justification. This extension shall run from the date of expiration of the initial order for a period of one year. If the applicant does not comply within the period of the extension, then the order shall expire. (Res. 22-006)

PART 3 – Licensing Agent and Enforcement Division

(Sections 5.12.090 through 5.12.110)

5.12.090 Licensing Agent Special Rules.

1. Licensing Agent Approval of Applications. In addition to any specific powers exercised by the Licensing Agent as provided in this Chapter or in Chapter 5.16, the Licensing Agent may, without a public hearing, approve or conditionally approve applications that would result in the following:
   1. Changing, Altering, or Modifying Licensed Premises;
   2. Change of Trade Name;
   3. Any application that must be approved prior to the next Board meeting, provided that: it is not possible to schedule a special meeting of the Board with a quorum to consider the item, a hearing is not required to approve the application, and the Board ratifies the approval of the application at the next available meeting.
2. Loss of Possession.

1.         Loss of Possession Invalidates Licenses and Orders.  Subject to subsection 3 below, if the Licensing Agent or his or her designee sustains a finding that a licensee or approved applicant has lost of possession of its licensed premises or its premises to be licensed, the corresponding license or approval order shall be rescinded and deemed invalid.

2.         Showing Cause to Licensing Agent.  In the event the it reasonably appears to the Licensing Agent, his or her designee, or the Marijuana Compliance Inspector, or such similar position, that a licensee or approved applicant has lost possession of the licensed premises or premises to be licensed, then the same official may send a notice by certified mail requiring the Approved Business to show cause within 5 business days as to why the license should not be rescinded for loss of possession.  The Approved Business shall show cause in writing to the Licensing Agent.

3.         Stay of Rescission.  If a finding of loss of possession is sustained, the Licensing Agent or his or her designee may stay the rescission of the license or approval order if the Approved Business demonstrates that: (1) the loss of possession of its licensed premises or premises to be licensed was the result of extraordinary circumstances beyond the control of a reasonably prudent business or approved applicant; and (2) the licensee or applicant will either regain possession of the premises within thirty days or secure possession of new and appropriate premises within thirty days.  The Approved Business bears the burden of justifying a stay and of complying with any conditions of the stay.  In addition, the Licensing Agent may stay the recession of any license or approval order if the Approved Business applied for a change of location prior to the loss of possession.

4.         Effect of Rescission.  The rescission of a license or approval order under this Section shall not constitute a violation of this Code, but nothing shall prevent the Marijuana Compliance Inspector from electing to seek a finding of a violation for loss of possession instead of seeking rescission under this Section. (Res. 22-006)

5.12.100 Enforcement Division.

1. The Enforcement Division, operating under the Department of Planning and Development, is recognized. The Division consists of the Marijuana Compliance Inspector and any other similar or support positions. The Division shall be represented by an attorney from the Pueblo County Attorney’s Office designated as the Marijuana Enforcement Counsel in all proceedings before the Local Licensing Authority.
2. The Enforcement Division is authorized to inspect licensed premises, or premises to be licensed, and to investigate any alleged violations arising under this Chapter or state law. Approved Businesses shall cooperate fully with any investigation. Failure to do so constitutes an independent violation of this Chapter.
3. Violation proceedings may be initiated upon a finding of reasonable suspicion of one or more violations by either the Enforcement Division or the Liquor and Marijuana Licensing Board. In either case, a notice of hearing shall be set and a hearing before the Hearing Officer shall be set. Prior to the violation hearing, the Local Licensing Authority may summarily suspend the license if it finds that the alleged violations could affect public safety or, if the violation is for the failure to pay taxes, the Local Licensing Authority may summarily suspend the license until such time that the taxes owed are paid or the hearing takes place.  
4. If a hearing is set under subsection C above, the licensee or approved applicant shall be notified by certified mail of the hearing and of the allegations no less than ten days in advance of the hearing.
5. In deciding whether a license should be fined, suspended, or revoked in accordance with this section, and in deciding what conditions to impose in the event of a suspension, if any, the Local Licensing Authority shall consider:
   1. The nature and seriousness of the violation;
   2. Corrective action, if any, taken by the licensee;
   3. Prior violation(s), if any, at the licensed premises by the licensee and the effectiveness of prior corrective action, if any;
   4. The likelihood of reoccurrence;
   5. All circumstances surrounding the violation;
   6. Whether the violation was willful;
   7. The length of time the license has been held by the licensee;
   8. The number of violations by the licensee within the applicable twelve-month period;
   9. Previous sanctions, if any, imposed against the licensee;
   10. Whether the licensee has a responsible vendor designation;
   11. Whether the licensee supports other local businesses including without limitation the display of local art or use of local ancillary businesses;
   12. Whether the licensee has contributed to or been involved in a charitable giving program; and
   13. Any other factor making the situation with respect to the licensee or the licensed premises unique.
6. Notice of suspension or revocation shall be given by mailing the same in writing to the licensee at the licensee’s last address of record with the Local Licensing Authority.
7. Any recommended stipulations or agreements between the licensee and the Local Licensing Authority shall be presented to the Local Licensing Authority at the hearing. The Local Licensing Authority in its discretion may:
   1. Accept such stipulation or agreement and dispense with the hearing;
   2. Allow limited testimony and evidence and, based thereon, accept such stipulation or agreement without a full hearing, or
   3. Reject the stipulation and require a full hearing.
8. Stipulations regarding violations of these Regulations may be executed by the Pueblo County Land use and Marijuana Compliance Inspector and a Licensee consistent with the following:
   1. The Inspector may make determinations regarding the type of sanction to impose based upon the severity of the violation and in conformance with the following categories of violations:

                              a.            License Infractions. This category of violation is the least severe and may include, but is not limited to, failure to display required badges, unauthorized modifications of the Licensed Premises of a minor nature, or failure to notify the Local Licensing Authority of a minor change in ownership. The range of penalties for this category of violation may include license suspension, a fine per individual violations of up to $1000.00 for each separate violation, and/or a fine in lieu of suspension of up to $10,000 depending on the mitigating and aggravating circumstances. Sanctions may also include restrictions on the license.

                             b.            License Violations. This category of violation is more severe than a license infraction but generally does not have an immediate or potential negative impact on the health, safety, and welfare of the public at large. License violations may include but are not limited to, advertising and/or marketing violations, packaging or labeling violations that do not directly impact patient or consumer safety, failure to maintain minimum security requirements, failure to keep and maintain adequate business books and records, or minor or clerical errors in the Inventory Tracking System. The range of penalties for this category of violation may include license suspension, a fine per individual violation of up to $5000 for each separate violation, and/or a fine in lieu of suspension of up to $50,000 depending on the mitigating and aggravating circumstances. Sanctions may also include restrictions on the license.

                           c.             License Violations Affecting Public Safety.  This category of violation is the most severe and may include, but is not limited to, Retail Marijuana sales to persons under the age of 21 years, Medical Marijuana sales to non-patients, consuming marijuana on the Licensed Premises, Regulated Marijuana sales in excess of the relevant sales limitations, permitting the diversion of Regulated Marijuana outside the regulated distribution system, possessing marijuana obtained from outside the regulated distribution system or from an unauthorized source, making misstatements or omissions in the Inventory Tracking System, failure to report any transfer marijuana where reporting is required by Colorado law, knowingly adulterating or altering or attempting to adulterate or alter any Samples of Regulated Marijuana, violations related to co-located Medical Marijuana Businesses and Retail Marijuana Businesses, violations related to R&D Co-Location Permits, failure to maintain books and records to fully account for all transactions of the business, failure to cooperate with State or Local License Authority investigators during the course of inspections or investigations, failure to comply with any requirement related to the Transfer of Sampling Units, violations directly targeting minors, or packaging or labeling violations that directly impact patient or consumer safety.  Violations of this nature generally have an immediate or potential negative impact on the health, safety, and welfare of the public at large. The range of penalties for this category of violation may include license suspension, a fine per individual violation of up to $10,000 for each separate violation, a fine in lieu of suspension of up to $100,000, and/or license revocation depending on the mitigating and aggravating circumstances.  Sanctions may also include restrictions on the license.

             2. In no event shall the Inspector enter into stipulations under this subsection with a Licensee more than 3 times within a one-year period.

             3.Nothing in this subsection shall preclude the Inspector from requesting that the Local Licensing Authority consider any alleged violation of this Chapter.

       I. Requests to pay a fine in lieu of serving a suspension period shall be heard by the Local Licensing Authority before the suspension period is set to begin. Decisions regarding whether or not to approve requests to pay a fine in lieu of serving a suspension are within the discretion of the Local Licensing Authority.

     J. The remedies provided in this section are in addition to any other remedy provided by applicable law.  (Res. 22-006)

5.12.110 Unlawful Acts: License Violations.

1. It is unlawful and a violation of the terms and conditions of every license issued under this Chapter to cultivate, manufacture, distribute, store, test or sell marijuana, except in compliance with the terms, conditions, limitations and restrictions in Sections 14 and 16 of Article XVIII of the State Constitution, the Colorado Marijuana Code, the provisions of this Chapter, and any conditions imposed on a license pursuant to this Chapter, and the provisions of Title 17, Division 1, Zoning of this Code.
2. It shall be unlawful for any person to engage in any form of business or commerce directly involving the cultivation, processing, manufacturing, sale, or testing of marijuana other than those forms of businesses and commerce that are expressly contemplated by this Chapter and the Colorado Marijuana Code
3. It shall be unlawful for any person to consume or to permit the consumption of marijuana on any Licensed Premises.
4. It is unlawful and a violation of this Chapter for a Marijuana Establishment to operate until it has been licensed under this Chapter by the Local Licensing Authority and also licensed by the State Licensing Authority pursuant to the Colorado Marijuana Code.
5. It is unlawful and a violation of this Chapter and, further, a violation of each license issued pursuant to this Chapter for a person or licensee to commit any act or omission which is unlawful pursuant to the Colorado Marijuana Code. In addition to the criminal penalties specified therein, any licensee who commits any acts that are unlawful pursuant to this Chapter and/or pursuant to the Colorado Marijuana Code shall be subject to a summary suspension, a suspension, fines, and/or a revocation of its license.
6. It is unlawful and a violation of this Chapter for a Marijuana Establishment to permit a customer to approach a drive-up window on foot or on anything other than a licensed vehicle. Additionally, it is unlawful and an additional violation to permit any sales at a drive-up window to anyone other than a customer in a licensed vehicle. 
7. In addition to any other civil or criminal sanction prescribed by Colorado law or rules promulgated pursuant thereto, the Local Licensing Authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the licensee shall be afforded an opportunity to be heard, to fine, restrict, suspend, revoke or rescind a license or order issued by the Local Licensing Authority for a violation by the licensee or by any of the agents or employees of the licensee of the provisions of this Chapter, the Colorado Marijuana Code and/or of any of the other terms, conditions or provisions of the license issued by the Local Licensing Authority.  The Local Licensing Authority is specifically empowered to issue penalties in accord with the categories of offenses outlined in the Colorado Marijuana Code.
8. Each person licensed pursuant to this Chapter shall keep and maintain all records specified in the Colorado Marijuana Code and shall make the same open, at all times, during business hours for the inspection and examination of the Local Licensing Authority or its duly authorized representatives.  A failure to maintain such records and to allow for inspection of the same as well as a failure to allow the inspection of the licensed premises by the Local Licensing Authority shall constitute a violation of this Chapter and such violation may, in the discretion of the Local Licensing Authority, form or constitute the basis for a summary suspension, a suspension, fines and/or revocation of the licensee’s license.
9. No Medical Marijuana Store or Retail Marijuana Store approved pursuant to this Chapter may sell marijuana at any time except between the hours of 8:00am to 7:00pm for a medical marijuana store and between the hours of 8:00am to 11:00pm for a retail store, unless a more restrictive time is set by the Colorado Marijuana Code.
10. All sales receipts at Retail Marijuana Stores shall contain the Statement, “It is illegal to transfer or sell marijuana or marijuana products to anyone under the age of 21.”
11. All Retail Marijuana Establishments shall post a sign in a conspicuous location stating:
    1. IT IS ILLEGAL TO SELL OR TRANSFER MARIJUANA TO ANYONE UNDER THE AGE OF TWENTY-ONE.
    2. IT IS ILLEGAL TO SEND OR TRANSPORT MARIJUANA TO ANOTHER STATE.
    3. THE POSSESSION OF MARIJUANA REMAINS A CRIME UNDER FEDERAL LAW.
12. A Marijuana Establishment shall be equipped with a proper ventilation system that filters the odor of marijuana.
13. It is a violation of the terms and conditions of every license issued under this Chapter for a Licensee to fail to comply with any regulation governing the collection and administration of any state or local tax, including the countywide sales and excise taxes proposed by Resolutions No. 13-186 and 15-203 and approved respectively by votes of the electors of Pueblo County.  If the Local Licensing Authority finds that a Licensee has violated this provision, it may impose all available sanctions, including revocation and sanctions specifically tailored to secure payment of any unpaid tax. (Res. 22-006)

PART 4 – Applications

(Sections 5.12.120 through 5.12.160)

5.12.120 Applications Generally.

1. Application Requirements.

1. All applications must comply with this Chapter and the Colorado Marijuana Code. Local Licensing Authority application procedures shall be set by the Licensing Agent through published forms and policy.
2. Any application procedures not specifically addressed in this Chapter or in published forms or policy shall be determined by the Licensing Agent.
3. All applications shall comply with Title 17, Division 1, Zoning of this Code and, when required, all applicants shall first receive a completed ZCRM before filing an application with the Licensing Agent.
4. All applications shall be filed along with payment or proof of payment and held for a pre-acceptance review period not to exceed thirty days. Filed applications shall be complete. 
5. The Licensing Agent shall not accept, and the Board shall not act upon any application that is subject to restriction pursuant to this Chapter.

        B.  Application Completeness.

       1. If, after review, an application is found to be complete, the Licensing Agent shall formally accept the application and note the date of formal acceptance. The applicant shall be notified of the formal acceptance.

       2. If, after review, an application for a new license is found to be incomplete, the Licensing Agent shall proceed as follows:

                  a.            The Licensing Agent shall notify the applicant of deficiencies with the application and permit the applicant to resubmit the application to correct such deficiencies no later than 30 days after being informed of the deficiencies.

                  b.            The Licensing Agent shall deny the application of an applicant who fails to correct identified deficiencies within 30 days after being informed of such deficiencies.

                  c.            If an application is denied for a failure to correct deficiencies the applicant shall be entitled to a refund of the application fee.

       3.  If, after review, any other application is found to be incomplete, the Licensing Agent shall proceed as follows:

                 a.            The Licensing Agent shall reject and return the application to the licensee or applicant.

                 b.            Such licensee or applicant shall be entitled to a refund of the application fee but may permit the Licensing Agent to hold the deposited fee pending resubmission, if resubmission is permitted.

        4.  If an application is denied or rejected then the applicant must submit a new application with a new application date, if resubmission is permitted.

C.            If after formal acceptance under Section 5.12.120.B(1), the Licensing Agent later discovers that the application is incomplete or otherwise deficient, the Licensing Agent shall permit the applicant or licensee to amend the application within thirty days without altering the accepted status of the application. If, however, the deficiency has not been cured within that time, the Licensing Agent shall reject and return the application.

D.            If an application has been approved by the Local Licensing Authority but the approved action has not been completed within one year of approval, then the application will become invalid unless an extension has otherwise been approved by the Local Licensing Authority. The Licensing Agent has the discretion to approve extension requests that do not otherwise require approval from the Board or Hearing Officer. (Res. 22-006)

5.12.130 New Applications.

1. The standards set forth in this Section apply to New Applications and the applicant bears the burden in demonstrating compliance with these standards for approval. 
2. To approve a New Application, the Board must find as follows:
   1. The applicant is neither prohibited from holding a license under nor in clear violation of any provision of this Chapter or of the Colorado Marijuana Laws;
   2. The applicant is qualified to operate a marijuana establishment in compliance with the provisions of this Chapter and the Colorado Marijuana;
   3. The operation of the proposed establishment is generally consistent with the nature of the neighborhood and will not adversely affect the public health, safety, or welfare of the neighborhood;
   4. The applicant has made no material misrepresentations on its application or other documents submitted or provided to the Licensing Agent in advance of the hearing or through evidence presented at the hearing itself; and
   5. For an establishment located in a Residential Area, there is a desire among the owners and tenants for the establishment, as demonstrated by petitions, remonstrances, or otherwise.
3. State Application. The state application shall be incorporated into the local application and, if the same has not been provided by the Colorado Marijuana Enforcement Division, the applicant must submit a copy of its state application along with its local application. Any representations made in the state application shall be considered as representations made to the Local Licensing Authority.
4. Amendments. The Licensing Agent may permit amendments to a submitted application that are consistent with local restrictions on Marijuana Establishments, except that no amendment to change the applicant or license type or types listed in a submitted application shall be permitted.  If the Licensing Agent permits an amendment, the Licensing Agent is authorized to approve on behalf of the Local Licensing Authority any application or request to the State Licensing Authority to make the same change in the related state application or state license.
5. Scheduling Hearing. Unless an application is approved directly by the Licensing Agent as provided in this Chapter, a public hearing shall be scheduled for every application for a new marijuana establishment license and for change of location.
   1. Timing. The Licensing Agent shall schedule a public hearing upon the application to be held not less than 30 days after the date of the determination of completeness. Unless an applicant is able to demonstrate extraordinary circumstances, no hearing on an application for a new Retail Marijuana Establishment shall be held until the applicant has received its state license for the same.
   2. Public Notice.  The Licensing Agent shall post and publish public notice of such hearing not less than ten days prior to the hearing. Public notice shall be given by the posting of a sign in a conspicuous place on the premises for which application has been made and, further, by publication in a newspaper of general circulation in Pueblo County.  Notice given by posting shall include a sign, not less than 22” wide and 26” high, composed of letters not less than one inch in height and stating the type of license applied for, the date that the application has been determined to be complete, the date of the hearing, the name and address of the applicant and such other information as may be required to apprise the public of the nature of the application.  The sign shall also contain the names and addresses of the officers, Licensing Agents, or managers of the facility to be licensed.  The notice given by publication shall contain the same information.  If the building in which the marijuana is to be manufactured, cultivated, or sold is in existence at the time of the application, a sign shall be posted in such place so as to be conspicuous and plainly visible to the general public.  If the building is not yet constructed at the time of application, the applicant shall post a sign at the premises upon which the building is to be constructed in such a manner that the notice shall be conspicuous and plainly visible to the general public.
   3. Initial Findings. No less than five days prior to the date of a scheduled public hearing on a license application, the Licensing Agent shall issue a memorandum, based upon his or her investigation and review of the application to date, containing initial findings and recommendations concerning the requirements of and standards of approval for an application.  The memorandum shall be directed to the applicant and copies of the same shall be made available to members of the public who request it.  The memorandum shall not bind the Board, but, if the findings and recommendations are not rebutted, the Board may accept the memorandum as sufficient evidence to make a decision consistent with the Licensing Agent’s recommendation.
6. Hearings.

           1.  At a public hearing for an application submitted under this Chapter, the Board may consider the following evidence:

                   a.            The application;

                   b.            Information submitted by the applicant in connection with the application;

                   c.             Findings, reports, and other information submitted by staff; and

                   d.            Evidence presented at the hearing by staff, the applicant, persons associated with the applicant, persons in favor of the application and persons opposed to the application.

          2.  Subject to the restrictions of this subsection F, an application for a new marijuana establishment license or for change of location may be approved by vote of the Board without opening or holding a hearing.  Any such approval may take place only at the meeting for which the hearing on the application is scheduled. The meeting agenda shall announce each such application, and if any member of the public intending to oppose the application, any board member, or member of staff requests that a hearing be held, the hearing on the application shall be opened and held.

         3.  A hearing must be opened and held for every application for a Medical Marijuana Store License, a Retail Marijuana Store License, or any license to be located within a Residential Area.

      G. Written Decision. Within 40 days after the meeting, the Local Licensing Authority shall issue its decision approving or denying an application for local licensure.  The decision shall be in writing and shall state the reasons for the decision. The Local Licensing Authority shall send a copy of the decision by certified mail to the State and to the applicant at the address shown on the application.  Any decision approving a license application may include certain conditions imposed by the Local Licensing Authority in addition to compliance with all of the terms and conditions of this Chapter and compliance with the Colorado Marijuana Laws. (Res. 22-006)

5.12.140 License Renewals.

1. Timing. A licensee shall apply for the renewal of an existing license to the Local Licensing Authority not less than 45 days prior to the date of the expiration of the license.
   1. A licensee whose license has not expired or has expired for not more than 45 days may file a late renewal application upon the payment of a nonrefundable late license fee of $1000 to the Local Licensing Authority. No renewal application or application resubmission shall be accepted less than 45 days prior to the date of expiration of the license without a payment of the late fee.
   2. A licensee may not operate past the expiration of a license unless the licensee has received notice of formal acceptance of the application pursuant to Section 5.12.120.B (1) prior to the expiration of the license. Any licensee whose license expires while an application is still pending during a review of completeness, or without any submission of a renewal application, shall cease operation immediately upon expiration of the license. A licensee may resume operation only after receiving notice of formal acceptance of a completed application. Any licensee who operates past the expiration of their license without notice of formal acceptance shall be subject to violations.
   3. A licensee whose license has expired for not more than 45 days may file a renewal application pursuant to all other requirements in this Section. The Local Licensing Authority shall not accept any renewal application for a license that has expired for more than 45 days. If a licensee’s application is rejected for incompleteness more than 45 days after the expiration of the license, then the Local License Authority shall not accept any resubmission of the application.
   4. In the event a license is renewed after the expiration of the previous license, including by a late renewal application, the term of the renewed license shall run to the date one year following the date the previous license expired.
   5. It is the obligation of the licensee to know all timing requirements under this Chapter and to submit their application on time. Nothing in this subsection shall give any licensee any claims to priority or exceptions for the application review process of the Local Licensing Authority.
2. The Licensing Agent or Local Licensing Authority may schedule a hearing on the application for renewal if it appears that one or more circumstances exist that may justify an adverse decision.  
3. The Local Licensing Authority may refuse to renew a license if it finds one or more of the following:
   1. The licensee or applicant has violated, does not meet, no longer meets, or has failed to comply with any of the terms, conditions, or provisions of this Chapter or of the Colorado Marijuana Laws;
   2. The licensee or applicant has failed to comply with any special terms or conditions that were placed on its license pursuant to an order of the State Licensing Authority or of the Pueblo County Liquor and Marijuana Licensing Board as the Local Licensing Authority;
   3. The licensed premises have been operated in a manner that adversely affects the public health, safety or welfare or the safety of the immediate neighborhood in which the establishment is located;
   4. The Local Licensing Authority determines that the licensed premises have been inactive, without good cause, for a period of at least one year. It is the discretion of the Local Licensing Authority to determine whether a license has been active based upon the evidence and documentation submitted.
4. If the Local Licensing Authority finds after a hearing held pursuant to this section that there are grounds to refuse to renew, it may consider, except as otherwise required, the severity, frequency, and number of prior violations in deciding whether to refuse to renew the license.  
5. If the Local Licensing Authority finds after a hearing held pursuant to this section that there has been a violation of a license condition, this Chapter or of the Colorado Marijuana Laws, the Local Licensing Authority has the discretion to apply a condition, fine, and/or suspension to the license in lieu of a refusal to renew the license. Any fines or suspensions shall be consistent with Section 5.12.100.H.
6. In the event that a hearing is scheduled, notice of such hearing shall be posted on the licensed premises for a period of 10 days prior to the hearing and the applicant shall be notified of such hearing at least 10 days prior to the hearing. Notification may be made electronically.  No renewal application shall be denied without a hearing.(Res. 22-006)

5.12.150 Transfer of Ownership - Change of Ownership - Change in Structure.

1. A license or approval order granted under the provisions of this Chapter shall not be transferrable to any other person except as provided in this Chapter.  Furthermore, no change of owners or change in ownership structure for a licensed or approved business shall be permitted except as provided in this Chapter.
2. Transfer of Ownership.
   1. For a license to be transferred to a different individual, legal entity, or legal entity name, the license holder shall apply to the State on forms prepared by the State Licensing Authority and the Local Licensing Authority pursuant to any forms and policy published by the Licensing Agent.
   2. A license will be subject to the transfer of ownership requirements even if both legal entities are owned by the same individual or entity.
   3. A transfer of ownership shall be treated as a new application, except that a valid license operating in the jurisdiction of the Local Licensing Authority may be transferred even if the license type has met the cap restrictions set forth in this Chapter.
   4. A conditionally approved application may not be subject to a transfer of ownership.
   5. The Local Licensing Authority may conditionally approve the transfer of ownership and withhold the license from the new owner until the conditions of licensure are met.
3. Change of owners or change in ownership structure require that a license holder shall apply to the State on forms furnished by the State Authority and to the Local Licensing Authorities pursuant to forms and policy published by the Licensing Agent. All new owners of a license are liable for any conditions or restrictions placed of the license or for any unresolved violations that the license was subject to.
4. All other changes in operating or corporate structure shall be reported to the Local Licensing Authority pursuant to forms and policy published by the Licensing Agent.
5. The Local Licensing Authority may hold a hearing on an application submitted under this section.  No less than 5 days prior to the date of a hearing on an application submitted under this section, the Licensing Agent shall make known, based upon his or her investigation and review of the application to date, findings concerning the application. (Res. 22-006)

5.12.160 Change of Licensed Location.

1. A licensee or conditionally approved applicant within unincorporated Pueblo County may apply to the Local Licensing Authority to change the location previously applied for or approved for such license to any other approved place in unincorporated Pueblo County, but it shall be unlawful to cultivate, manufacture, process, distribute, test, store or sell medical or retail marijuana at any such place or location until express permission to do so is granted by the State and the Local Licensing Authority.
2. To approve an application for change of location made under subsection A of this Section, the Local Licensing Authority must make the finding set forth in subsection B.1., B.3., B.4., and, if applicable, B.5 of Section 5.12.130.  The Local Licensing Authority shall also consider any specific condition or restriction placed upon the current license or approval order.
3. Notwithstanding any provision of this Chapter to the contrary, no change of licensed location application for a Medical Marijuana Store License or a Retail Marijuana Store License operating at the same location under the provisions of Section 5.12.060.G shall be received, accepted, or approved unless such application is to relocate both the Medical Marijuana Store License and the Retail Marijuana Store License to a new single location.  In addition, no change of licensed location application for a Medical Marijuana Cultivation Facility or a Retail Marijuana Cultivation Facility operating at the same location under the provisions of Section 5.12.060.G shall be received, accepted, or approved unless such application is to relocate both the Medical Marijuana Cultivation Facility License and Retail Marijuana Cultivation Facility License to a new single location.
4. Retail Marijuana Establishment licensees in any other Colorado jurisdiction seeking to transfer its state license to a location in unincorporated Pueblo County must apply for a new Pueblo County license by submitting an application under Section 5.12.130 of this Chapter, if permitted.  Such an applicant shall be treated as a new applicant under this Chapter for all purposes, except that the applicant may submit its state application for change of location in place of a state application for a new license. It shall be unlawful for such an applicant to cultivate, manufacture, distribute, test, store or sell medical or retail marijuana at any such place or location until express permission to do so is granted by the State and the Local Licensing Authority. (Res. 22-006)

PART 5 – Fees and Miscellaneous

(Sections 5.12.170 through 5.12.180)

5.12.170 Fees.

1. Operating fees and all other fees necessary for the administration, regulation, and implementation of this Chapter are as follows:
   1. Initial Operating Fees
      1. Medical Marijuana Cultivation Facility: $4000
      2. Medical Marijuana Products Manufacturer: $4000
      3. Medical Marijuana Store: $5000
      4. Retail Marijuana Cultivation Facility: $4000 plus:
         1. Licenses that are State Tier 1: $1500
         2. Licenses that are State Tier 2: $2300
         3. Licenses that are State Tier 3: $3000
         4. Licenses that are State Tier 4: $4500
         5. Licenses that are State Tier 5: $6500
         6. Licenses that are over State Tier 5: $800 for each additional tier of 3,600 plants over State Tier 5
      5. Retail Marijuana Products Manufacturer: $4000
      6. Retail Marijuana Store: $5000
      7. Medical Marijuana Testing Facility: $1500
      8. Retail Marijuana Testing Facility: $1500
      9. Medical Marijuana Transporter: $4400
      10. Retail Marijuana Transporter: $4400
      11. Storage Warehouse: $1500
   2. Administrative Operating Fees
      1. Change of location applications and transfer of ownership applications shall be treated as initial applications and the applicable initial operating fees shall apply.
      2. Change of Trade Name Fee: $50
      3. Change of Ownership Fee: $250
      4. Modification of Premise Fee: $250, plus any applicable operating fee if the application is made for a Retail Marijuana Cultivation Facility and there is a change in State Tier level.
   3. Annual Renewal Fees
      1. Medical Marijuana Cultivation Facility: $4000
      2. Medical Marijuana Products Manufacturer: $4000
      3. Medical Marijuana Store: $5000
      4. Retail Marijuana Cultivation Facility: $4000 plus:
         1. Licenses that are State Tier 1: $1500
         2. Licenses that are State Tier 2: $2300
         3. Licenses that are State Tier 3: $3000
         4. Licenses that are State Tier 4: $4500
         5. Licenses that are State Tier 5: $6500
         6. Licenses that are over State Tier 5: $800 for each additional tier of 3,600 plants over State Tier 5
      5. Retail Marijuana Products Manufacturer: $4000
      6. Retail Marijuana Store: $5000
      7. Medical Marijuana Testing Facility: $1500
      8. Retail Marijuana Testing Facility: $1500
      9. Medical Marijuana Transporter (2-year):$4400
      10. Retail Marijuana Transporter (2-year): $4400
      11. Storage Warehouse: $1500
2. Tier levels are based on the State Tiers and shall always correspond with the Tier level that the applicant currently has with the State. If, at any time prior to a renewal application, a licensee increases their Tier level they shall be required to report the change to the Local Licensing Authority and pay the difference in fees between the new higher Tier and the previous lower Tier. If a licensee increases their Tier level at the time they submit a renewal application, they may do so through the renewal application and only pay the Tier level fees associated with the renewal application. If a licensee lowers their Tier level prior to a renewal application, they shall not have any claim to a refund of previously paid fees.
3. The Licensing Agent shall have the discretion to waive a tiered fee if the timing of submission of the fee would result in the licensee paying the fee twice.
4. At least annually, the amount of fees charged pursuant to this section shall be reviewed by the Budget and Finance Office and, if necessary, adjusted to reflect the direct and indirect costs incurred by the County in connection with the administration and enforcement of this chapter. The Local Licensing Authority by rule or regulation shall set the due dates for any fee due pursuant to this section. (Res. 22-006)

5.12.180 Miscellaneous. 

1. Marijuana Accessories. Any person twenty-one years of age or older is hereby authorized to manufacture, possess, distribute, sell or purchase marijuana accessories in conformance with Section 16 of Article XVIII of the Colorado Constitution, provided they meet all applicable state or local laws.
2. Severability. If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Chapter that can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable. (Res. 22-006)

5.16.010 Licensing Authority.

A. As used in this Title, the term “Local Licensing Authority” means the board, officer or agent, as applicable, designed to serve as the local licensing authority for liquor establishments, medical marijuana establishments, and retail marijuana establishments within unincorporated portions of Pueblo County.

B. The Pueblo County Board of County Commissioners designates the Pueblo County Liquor and Marijuana Licensing Board to serve as the Local Licensing Authority, except where the Hearing Office or Licensing Agent may be designated to serve as the Local Licensing Authority under this Chapter or Title.

C. Each person or entity serving as the Local Licensing Authority shall sit as the specific authority for the application type before it and may later sit as a different authority to hear an application of a different type without the need to recess and reconvene or otherwise to announce such change. (Res. 20-009)

5.16.020 Licensing Board.

A.  The Pueblo County Liquor and Marijuana Licensing Board (the “Board”) was established by Resolution No. 15-038 and consists of seven (7) members appointed by and serving at the pleasure of the Board of County Commissioners. A majority of the Board constitutes a quorum for the conduct of its business.  Each member of the Board shall serve for a term of three (3) years, except that the initial appointments included abbreviated so as to create staggered termination dates. A vacancy shall be filled in the same manner as the original appointment. Appointees to fill vacancies shall serve the remainder of the unexpired term.

B.  No member of the Liquor and Marijuana Licensing Board may hold, or have any direct or indirect financial interest in, any marijuana establishment, liquor or dance hall license.

C. At the Board’s first regular meeting in February each year, the Board shall elect one (1) of its members to act as Chairperson.  The Chairperson or other presiding member of the Board may administer oaths during any hearing or other meeting where testimony is taken.

D.  Regular meetings of the Liquor and Marijuana Licensing Board shall be held in the Board of County Commissioners Chambers on the second Monday of each month, commencing at 6:00 p.m. The Director of Planning and Development and the Chair of the Board are authorized to call special meetings, as may be necessary, to hear and decide any matter that could otherwise be scheduled at a regular meeting so long as the meetings and agenda items are properly noticed. 

E.  The Board may adopt rules or administrative provisions for its internal governance upon approval by the Board of County Commissioners. (Res. 20-009)

5.16.030 Hearing Officer.

A. Effective January 1, 2020 or on such later date as the first Officer is selected, the position of Hearing Officer shall be established. Until the establishment of the position, the Liquor and Marijuana Licensing Board shall continue to perform all functions of the Hearing Officer. The Board of County Commissioners shall select at least one licensed attorney or mediator to serve as a Hearing Officer and may delegate the power to select Hearing Officers to the Licensing Agent.  The selection of a Hearing Officer shall remain valid until the selection expires by its own terms or until the Board of County Commissioners choses to replace or rescind the selection.

B. The Hearing Officer shall hear and make the initial decisions for the following:

            1. Any hearing set in response to an alleged violation; and

            2. Any hearing set for a license renewal application.

In the cases described above, the Hearing Officer shall have jurisdiction over the matter from the time the matter is filed or set until the Officer’s decision on the matter is made. However, proposed stipulations between the Marijuana Enforcement Division and the licensee or applicant shall be submitted directly to the Board. If the Board rejects a stipulation, only then shall the violation or renewal hearing be set before the Hearing Officer.

C. In addition to the automatic hearings described in subsection B, the Hearing Officer may preside over any other hearing that the Liquor and Marijuana Licensing Board elects to refer to the Officer. In deciding whether to refer a hearing to the Hearing Officer, the Liquor and Marijuana Licensing Board shall consider whether taking such action would be necessary or expedient to serve the ends of justice. 

D. The Licensing Agent shall coordinate scheduling with the persons permitted to serve as Hearing Officer. The Licensing Agent shall work to identify potential hearing times and dates where proceedings within the Hearing Officer’s jurisdiction have been initiated or may possibly be initiated at an upcoming meeting of the Board.  

E. The Hearing Officer may continue hearings as necessary and may issue oral or written procedural or case management orders as needed.  In addition, rules of procedure maybe be adopted or amended by the Board of County Commissioners to assist in the management of hearings. A final decision of the Hearing Officer shall be in writing and shall be forwarded for approval to the Liquor and Marijuana Licensing Board and considered at the Board’s next regular meeting, except that if no meeting is scheduled in the thirty-five days following the Hearing Officer’s decision, one shall be scheduled by the Licensing Agent. In the event the Board fails to hold a vote within thirty-five days of the Hearing Officer’s decision, the decision shall be deemed approved and final.

F. Upon review of the Hearing Officer’s decision, the Board may elect to approve or to reconsider the decision. To reconsider, no less than two-thirds of members constituting the quorum must vote in favor. If that threshold is not met, the motion shall fail and the Hearing Officer’s decision shall be deemed approved and final. If the Board votes by a sufficient margin to reconsider, it may specify whether it will reconsider all or part of the decision. After reopening the hearing and receiving and considering necessary evidence, the Board may affirm, modify or reverse the decision of the Hearing Officer. (Res. 20-009)

5.16.040 Licensing Agent.

The Board of County Commissioners shall designate a Licensing Agent who will serve as primary staff to the Liquor and Marijuana Licensing Board and who is responsible for all administrative tasks necessary to assist the Board in carrying out its duties, including but are not limited to receipt of applications and fees, scheduling hearings, coordinating with applicants and other interested parties, any required conducting prehearing investigations, and compiling minutes.  The Licensing Agent shall coordinate with other departments for assistance when the needs of the Board so require. Where this Title specifically provides, the Licensing Agent is empowered to serve as the Local Licensing Authority. Except where the Licensing Agent is empowered to serve as the Local Licensing Authority, the Agent may employ staff to assist in carrying out his or her functions. (Res. 20-009)

5.16.050 Final Decisions,

Once final, a decision of the Local Licensing Authority may be subject to judicial review as provided by state law. (Res. 20-009)

8.04.010 Adopted.

The County Safety and Loss Prevention Handbook to promote a safe environment for County employees and the public is adopted as an official policy of the Board of County Commissioners of Pueblo County, Colorado. (Res. 02-86)

8.08.010 Definitions.

As used in this chapter, the following words, unless the context in which they are used indicates otherwise, shall be given the following meanings:

"Ambulance" means any public or privately owned land vehicle especially constructed or modified and equipped, intended to be used and maintained or operated by, ambulance services for the transportation, upon the roads, streets and highways of this state, of individuals who are sick, injured, or otherwise incapacitated or helpless.

“Ambulance-advanced life support” is a type of permit issued by a county to a vehicle equipped in accordance with Section 8.08.030 of this chapter and operated by an ambulance service authorizing the vehicle to be used to provide ambulance service limited to the scope of practice of the advanced emergency medical technician, emergency medical technician-intermediate or paramedic as defined in the EMS Practice and Medical Director Oversight Rules at 6 CCR 1015-3 Chapter Two.

“Ambulance-basic life support” is a type of permit issued by a county to a vehicle equipped in accordance with Section 8.08.030 of this chapter and authorized to be used to provide ambulance service limited to the scope of practice of the emergency medical technician as defined in the EMS Practice and Medical Director Oversight Rules at 6 CCR 1015-3 Chapter Two.

"Ambulance attendant" means any person authorized to provide direct emergency medical care and treatment to patients transported in an ambulance as provided in this chapter.

"Ambulance driver" means any person authorized to drive an ambulance in this state as provided in this chapter.

"Ambulance service" means the furnishing, operating, conducting, maintaining, advertising, or otherwise engaging in or professing to be engaged in the transportation of patients by ambulance. Taken in context, it also means the person so engaged or professing to be so engaged and the vehicles used for the emergency transportation of persons injured at a mine are excluded from this definition when the personnel utilized in the operation of said vehicles are subject to the mandatory safety standards of the federal mine safety and health administration, or its successor agency.

"Ambulance service license" means those licenses issued by the Pueblo City-County Health Department following satisfactory fulfillment of the conditions found in this chapter.

"Ambulance vehicle permit" means those permits issued by the Pueblo City-County Health Department with respect to an ambulance used or to be used to provide ambulance service in Pueblo County following satisfactory fulfillment of the conditions found in this chapter.

"Applicant" means that person or ambulance service who is an initial applicant or an applicant for renewal of an ambulance service license or ambulance vehicle permit.

"Base" means maintaining a headquarters in or having a substation office or a permanent station in Pueblo County, Colorado.

"Board of County Commissioners" means the Board of County Commissioners of Pueblo County, Colorado.

"County" means the County of Pueblo, Colorado.

"Department" means the Pueblo City-County Health Department.

"Director" means the Director of the Pueblo City-County Health Department.

"Emergency" means any actual or self-perceived event which threatens life, limb, or well-being of an individual in such a manner that a need for immediate medical care is created.

“EMS Provider” refers to all levels of Emergency Medical Technician certification issued by the Colorado Department of Public Health and Environment, included but not limited to, Emergency Medical Technician, Advanced Emergency Medical Technician, Emergency Medical Technician Intermediate and Paramedic.

"Emergency medical technician license" means those certificates issued by the emergency medical services division of the Colorado Department of Health.

”Emergency Medical Responder” means an individual who can demonstrate successful completion of the  Emergency Medical Responder under the provisions of the Colorado Emergency Medical Services Act contained at Section 25-3.5-101, et seq., C.R.S. The Director shall recognize the Emergency Medical Responder training as equivalent to the American Red Cross Advanced First Aid Certification.

"License" means those licenses issued by the Pueblo City-County Health Department following satisfactory fulfillment of the conditions found in this chapter.

"Licensing agent" means that entity or individual designated by the Board of County Commissioners in Section 8.08.020 to enforce the terms and conditions of this chapter.

“Medical Director” means a Colorado licensed physician who establishes protocols and standing orders for medical acts performed by EMS Providers of a prehospital EMS service agency and who is specifically identified as being responsible to assure the competency of the performance of those acts by such EMS Providers as described in the physician’s medical continuous quality improvement program. Any reference to a "physician advisor" in any previously adopted rules shall apply to a "medical director" as defined in these rules.

“Medical quality improvement program” means a process consistent with the EMS Practice and Medical Director Oversight Rules at 6 CCR 1015-3 Chapter Two, used to objectively, systematically and continuously monitor, assess and improve the quality and appropriateness of care provided by the medical care providers operating on an ambulance service.

"Nurse" means a person trained to care for the sick or infirm, especially under the supervision of a physician, and licensed as a registered nurse to practice in the state of Colorado, who can substantiate by documentation, i.e., certification and/or other standard documentation, sufficient training in emergency medicine acceptable to the Pueblo City/County Health Department.

"To operate" means to pick up and transport injured, sick, or disabled patients within the county by private and volunteer ambulance services based in the county.

"Patient" means any individual who is sick, injured, or otherwise incapacitated or helpless.

Patient Care Report means a medical record of an encounter between any patient and a provider of medical care.

"Permit" means the authorization issued by the Board of County Commissioners with respect to an ambulance used or to be used to provide ambulance service in the county.

"Physician" means a doctor of medicine licensed to practice medicine in the State of Colorado, who can substantiate by documentation, i.e., certification and/or other standard documentation, sufficient training in emergency medicine acceptable to the Pueblo City/County Health Department.

"Pueblo County Emergency Medical Services Advisory Council" means the organization with members appointed by their respective agencies from various entities including, but not limited to, the law enforcement agencies, hospitals, EMS providers and responders who are active in Pueblo County whose objectives are to, along with the Pueblo County Sheriff’s Emergency Services Bureau, advise the Board of County Commissioners on the provision of emergency medical services within Pueblo County, Colorado.

“Quick Response Teams” provides initial care to a patient prior to the arrival of an ambulance.

"Rescue unit" means any organized group chartered by the State of Colorado as a corporation not-for-profit or otherwise existing as a nonprofit organization whose purpose is the search for and rescue of lost or injured persons and includes, but is not limited to, such groups as Search and Rescue, Mountain Rescue, ski patrols (either volunteer or professional), law enforcement posses, civil defense units, or other organizations of governmental designation responsible for search and rescue.

"Volunteer emergency medical technician" means an emergency medical technician who does not receive direct remuneration for the performance of emergency medical services. (Res. 14-138 § 1; Res. 95-248 § 1; Res. 92-337 § 1(D))

8.08.020 Licensing Agent designated.

The Board of County Commissioners designates the Director of the Pueblo City-County Health Department or his or her designee as the Licensing Agent for Pueblo County. He or she shall administer the licensing and permit program under the direction of the Board of County Commissioners, and shall serve the Board of County Commissioners as liaison with the Colorado Department of Health, the State Board of Medical Examiners, and the Division of Communications of the Department of Administration. (Res. 92-337 § 1(E))

8.08.030 Ambulance service licenses and vehicle permits.

A. Except as set forth in this chapter, no person shall provide ambulance services publicly or privately in Pueblo County unless that person holds a valid ambulance service license to do so, and a valid ambulance vehicle permit for each ambulance used, which is issued by either the Licensing Agent for any ambulance service based in Pueblo County., or the Board of County Commissioners of the county in which such ambulance service is based, if other than Pueblo County.  If an ambulance service is based in a county other than Pueblo it must be licensed in Pueblo County if the patient originates in Pueblo County. The terms and conditions of this chapter shall not apply to:

1. Vehicles used for the transportation of persons injured at a mine when the personnel used on the vehicles are subject to the mandatory safety standards of the federal mine safety and health administration, or its successor agency.
2. Vehicles used by other agencies including quick response teams and rescue units that do not routinely transport patients or vehicles used to transport patients for extrication from areas inaccessible to a permitted ambulance. Vehicles used in this capacity may only transport patients to the closest practical point for access to a permitted ambulance or hospital.
3. Vehicles, including ambulances from another state, used during major catastrophe or mass casualty incident rendering services when permitted ambulances are insufficient.
4. An ambulance service that does not transport patients from points originating in Pueblo County, or transporting a patient originating outside the borders of Pueblo County.
5. Vehicles used or designed for the scheduled transportation of convalescent patients, individuals with disabilities, or persons who would not be expected to require skilled treatment or care while in the vehicle.
6. Vehicles used solely for the transportation of intoxicated persons or persons incapacitated by alcohol as defined in § 27-81-102, CRS but who are not otherwise disabled or seriously injured and who would not be expected to require skilled treatment or care while in the vehicle.
7. Ambulances operated by a department or an agency of the federal government, originating from a federal reservation for the purpose of responding to, or transporting patients under federal responsibility.

B.   Licenses and permits issued under the terms and conditions of this chapter shall be granted to the applicant and renewed, by application, upon a finding by the Licensing Agent that the applicant or licensee has complied with the staff, vehicle and equipment standards, requirements and procedures contained in the Colorado Emergency Medical Services and Trauma Act, C.R.S. § 25-3.5-101, et seq., the rules and regulations promulgated by the State Board of Health and located at 6 C.C.R. 1015-3, et seq., (as now and hereafter as may be amended), and such other standards, requirements, and procedures as may be required by and established by resolution of the Board of County Commissioners from time to time. Applications shall be made according to the forms and in the manner prescribed by the Licensing Agent.

C.   Every applicant for an ambulance service license shall complete and submit to the Pueblo City-County Health Department an original application for a license. The application shall include, but not be limited to, the following information:

1. The name, address, and telephone number of each ambulance service;
2. The name, address, and telephone number of the person applying for the license and permit(s) hereinafter referred to as the "applicant;"
3. The name, address, and telephone number of the person who will be in charge of the day-to-day operation of the ambulance service;
4. The trade or other name, if any, under which the applicant does business or proposes to do business;
5. The location and description of the place or places from which the applicant intends to operate an ambulance service;
6. The area to be served by the proposed ambulance service;
7. Copies of those insurance policies required hereunder;
8. Documentation that that all persons employed by, or serving for, the ambulance service have maintained the certification appropriate to their respective responsibilities;
9.  An attestation by the Medical Director of willingness to provide medical oversight and a medical continuous improvement program for the ambulance service;
10. Documentation that information regarding the amount of professional liability insurance the ambulance service carries was provided to employees.

D. Every applicant for an ambulance vehicle permit shall complete and submit to the Pueblo City-County Health Department an original application for such permit. The application shall include, but not be limited to, the following information:

1.   The name, address, and telephone number of the ambulance service and operator of the service applying for the permit(s);

2.   A description of each ambulance vehicle for which a permit is applied for hereunder including the make, model, year of manufacture, motor and chassis number, a Colorado State License Number for the current year, Colorado State Emergency Vehicle Permit, the length of time the ambulance has been in use, and the color scheme, insignia, name monogram, and other distinguishing characteristics used to designate the ambulance. Additionally, each applicant must provide a current inspection report prepared by the Director or his or her designee relative to the equipment and supply requirements set forth in this chapter.

E.   After receipt of an original application for an ambulance service license and/or ambulance vehicle permit, the Pueblo City-County Health Department shall review the application and the applicant’s record and provide for the inspection of equipment to determine compliance with the terms and conditions of this chapter and the provisions of C.R.S. §§ 25-3.5-301 through 306. The Director shall appoint an inspector, who shall inspect all ambulance vehicles to determine the suitability of condition of the vehicle related to safety, warning systems, emergency medical equipment, supplies, basic sanitation, sterility of equipment used in patient contact, and other related requirements as required by this chapter and the Colorado State Board of Health. The inspector shall have knowledge of the emergency medical service system in Pueblo County. In addition to the foregoing, the appointed inspector may periodically without advance notice, but at least annually, inspect for the continued suitability of the condition of ambulance vehicles to insure compliance with the terms and conditions of this chapter. If, at the time of any inspection, the permitted vehicle is found to be in violation of the terms and conditions of this chapter, the inspector shall have the authority to remove the vehicle from service until such time as all deficiencies found are corrected, and the vehicle is determined to be in compliance by the inspector.

F.   Each ambulance operated by an ambulance service shall be issued a basic life support vehicle permit or an advanced life support permit. The type of permit issued will describe the maximum level of service that could be provided at any time by that vehicle and appropriate staff. In order to be approved for a basic life support vehicle permit or an advanced life support permit, the applicant shall present evidence that the vehicle’s equipment meets or is equivalent to Section Q of these rules. Additionally, the staff of each licensed ambulance shall follow the Southern Colorado RETAC Protocols as established by the Pueblo County Emergency Medical Services Advisory Council.

G. Each ambulance operated in Pueblo County shall have radio communication compatible with the hospitals within Pueblo County.  Any ambulance that is dispatched emergently by the Pueblo County Communication Center shall have radio communication compatible with the Pueblo County 911 system.

H. Each ambulance vehicle shall be equipped with such lights, sirens, and special markings as are required by Colorado law to designate it as an ambulance vehicle, and shall be in compliance with all applicable state regulations.

I.    All ambulance vehicles shall display clean and permanent identification on both sides, visible at all times, showing the name of the service under which they are licensed.

J.    Ambulance design and equipment shall provide sufficient space capability for the performance of cardiopulmonary resuscitation, airway maintenance suction, hemorrhage control, shock care, dressing of wounds/burns, immobilization of fractures, and oxygen therapy. The vehicles shall have a ceiling height sufficient for adequate gravity for administration of IV fluids, and shall meet design criteria in accordance with those guidelines adopted by the Colorado State Department of Health.

K. No ambulance or ambulance service shall operate in Pueblo County unless it is covered by insurance as provided for in this chapter. Each ambulance service shall maintain insurance coverage for itself and for each and every ambulance owned, operated, or leased by the ambulance service, which insurance shall include, but not be limited to, coverage for injury to or death of persons in accidents resulting from any cause for which the owner of the ambulance would be liable on account of any liability imposed on him or her by law, regardless of whether or not the ambulance was being driven by the owner, his or her agent or lessee, or any other person, and coverage as against damage to the property of another, including personal property, under like circumstances, in the following amounts:

1. Worker’s compensation (including occupational disease), and employer’s liability insurance in accordance with any applicable worker’s compensation laws on all employees, servants, and/or agents connected with or engaged in the performance of services rendered by the ambulance service;

2.   Commercial general liability insurance with personal injury and property damage limits at a combined single limit of not less than one million dollars ($1,000,000.00) per occurrence, and one million dollars ($1,000,000.00) general aggregate;

3.   Automobile liability insurance covering all ambulances and vehicles, whether owned or hired by the ambulance service, with personal injury and property damage limits at a combined single limit of not less than one million dollars ($1,000,000.00) per accident;

4.   Professional liability insurance covering the ambulance service and all persons employed thereby with limits at a combined single limit of not less than one million dollars ($1,000,000.00) per occurrence, and one million dollars ($1,000,000.00) general aggregate.

L.   Coverages enumerated in this insurance provision represent only the minimum insurance required hereunder, and the ambulance service should rely on its expertise to obtain any additional insurance coverage needed in the provision of ambulance services. Proof of insurance shall be filed with the Pueblo City-County Health Department at the same time as the application for an ambulance service license is filed with the Department. Every insurance policy required hereunder shall contain a provision for continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon; a provision that the liability of the insured shall not be affected by the insolvency or bankruptcy of the insured; and language that, until a policy is revoked, the insurance company will not be relieved from liability on account of the nonpayment of premiums by the insured, the failure of the insured to renew the license at the end of the year, or any act or omission of the named insured. At any time such insurance is required to be renewed, proof of renewal shall be provided to the Pueblo City-County Health Department.

M. Each certificate of insurance shall indicate the vehicles covered by the policy, type of insurance, (vehicle and professional liability, etc.), policy number(s), the effective date of the policy, the policy expiration date, the amount of coverage, and shall contain a provision that thirty (30) days prior written notice of any cancellation or termination or revocation of the policy shall be given to the Board and the Pueblo City-County Health Department. Any changes in the status of vehicles listed on the certificates of insurance during the licensing cycle shall be noted on a new certificate of insurance which shall be forwarded to the Pueblo City-County Health Department within thirty (30) days after the changes are made. Additionally, notification of any changes in insurance coverage shall be made in writing within thirty (30) days of such changes to the Pueblo City-County Health Department by the licensee, to be followed with a substitute certificate of insurance as outlined above. The Board or the Pueblo City-County Health Department may require additional proof of insurance at any time during the licensing cycle.

N. Following a determination that an application is in order, the Pueblo City-County Health Department shall issue an ambulance service license to the applicant to provide ambulance service in Pueblo County, and an ambulance vehicle permit for each ambulance used, both of which shall be valid for twelve (12) months following the date of issuance. Each ambulance vehicle permit issued by the Pueblo City-County Health Department shall be displayed on the right-side patient compartment window of each vehicle. Each ambulance vehicle permit shall be issued only for the vehicle described in the application. All ambulance vehicles shall, at all times, meet all applicable terms and conditions of this chapter. Failure of a vehicle to meet such requirements will result in the denial, suspension, or revocation of the ambulance service license and/or ambulance vehicle permit. Upon a determination by the Pueblo City-County Health Department that an ambulance vehicle is not in compliance with this chapter, the Director or appointed inspector may have the ambulance vehicle permit removed until proper compliance is accomplished.

O. No ambulance service license or ambulance vehicle permit issued hereunder shall be sold, assigned, or otherwise transferred. Obtaining or attempting to obtain an ambulance service license or an ambulance vehicle permit by fraudulent means, or misrepresentation, or the sale, assignment, or transfer of an ambulance service license or ambulance vehicle permit shall be grounds for the denial, suspension, or revocation of the license or permit.

P.   Any ambulance service license and/or ambulance vehicle permit issued hereunder, unless revoked by the board or the Pueblo City-County Health Department, may be renewed by filling out an application for an ambulance service license and/or an ambulance vehicle permit. Renewal shall be accomplished in the same manner as the issuance of the original license or permit. Applications for renewal of a license and/or permit shall be filed annually but not less than thirty (30) days before the date of expiration of any such license or permit.

Q.              Minimum Equipment requirements:

1.  Minimum Equipment For Basic Life Support Ambulances is as follows:

a)         Ventilation and Airway Equipment

portable suction unit, and a house (fixed) system, with wide bore tubing, rigid pharyngeal curved suction tip, and soft catheter suction tips to include pediatric sizes 6 fr. through 14 fr.

bulb syringe

house oxygen and two (2) portable oxygen bottles, each with a variable flow regulator.

transparent, non-re breather oxygen masks and nasal cannula in adult sizes, and transparent, non-re breather oxygen masks and nasal cannula in pediatric sizes.

 hand operated, self inflating bag-valve mask resuscitators with oxygen reservoirs and standard 15mm /21mm fittings in the following sizes:

500cc bag for infant and neonate

 750cc bag for children

1000cc bag for adult

nasopharyngeal airways in adult sizes 24 fr. through 32 fr.

oropharyngeal airways in adult and pediatric sizes to include: infant, child, small adult, adult and large adult.

water-based lubricant

b)         Patient Assessment Equipment

blood pressure cuffs to include large adult, regular adult, child and infant sizes.

stethoscope.

penlight.

glucometer

automated external defibrillator with adult and pediatric pads

pulse oximeter with adult and pediatric probes 

 c)        Splinting Equipment

lower extremity traction splint.

upper and lower extremity splints.

two (2)  long board, scoop™, vacuum mattress or equivalent with appropriate accessories to immobilize the patient from head to heels.

short board, K.E.D. or equivalent, with the ability to immobilize the patient from head to pelvis.

pediatric spine board or adult spine board that can be adapted for pediatric use.

adult and pediatric head immobilization equipment.

adult and pediatric cervical spine immobilization equipment.

 d)        Dressing Materials

bandages - including triangular, roller gauze and 4 x 4 sterile bandages

dressings to include occlusive and trauma dressings.

sterile burn sheets.

adhesive tape in one and two inch rolls

e)         Obstetrical Supplies

sterile ob kit to include: towels, 4x4 dressings, umbilical tape or cord clamps, scissors, bulb syringe, sterile gloves and thermal absorbent blanket.

neonate stocking cap or equivalent.

f)         Miscellaneous Equipment

heavy bandage scissors, shears or equivalent capable of cutting clothing, belts, boots, etc.

two working flashlights.

blankets, sheets, pillows and appropriate heat source for the ambulance patient compartment.

arterial tourniquet

irrigation solution (sterile)

triage tags as approved by the department.

“no smoking” posted in front and rear compartment.

2.   Ambulance Service Medical Treatment Protocols.

a)         Body Substance Isolation (BSI) Equipment Properly Sized To Fit All Personnel

non-sterile disposable gloves, to include a minimum 1 box of latex free gloves.

protective eyewear.

body substance isolation kits

non-sterile HEPA masks.

 b)        Safety Equipment

a set of three (3) warning reflectors.

one (1) ten pound (10 lb.) or two (2) five pound (5 lb.) ABC fire extinguishers, with a minimum of one extinguisher accessible from the patient compartment and vehicle exterior.

child safety seat

 safety belts for patients, crew, accompanying family members and other vehicle occupants.

properly secured patient transport system (i.e. wheeled stretcher).

safety vest for each crew member

c)         Pharmacological Agents

pharmacological agents and delivery devices per medical director protocol, see the department’s current ambulance inspection form for complete list.

3.   Minimum Equipment Requirement for Advanced Life Support Ambulances

            All Equipment required for Basic Life Support

1. Ventilation Equipment

adult and pediatric endotracheal intubation equipment to include stylets and an endotracheal tube stabilization device and endotracheal tubes uncuffed range from 2 – 5.5, and cuffed size range from 6.0-9.0.

laryngoscope and blades, straight and/or curved of sizes 0-4.

adult and pediatric magill forceps.

end tidal co 2 detector or alternative device, approved by the FDA, for determining end tube placement.

chest decompression kit (or equivalent)

nebulizer delivery device

emergency cricothyrotomy kit in adult and pediatric sizes.

alternative airway device

b)         Patient Assessment Equipment

portable, battery operated cardiac monitor- defibrillator with strip chart recorder and adult and pediatric EKG electrodes and defibrillation capabilities.

c)         Intravenous and Medical Equipment

normal saline (500 mL or 1,000 mL).

adult and pediatric intravenous arm boards.

venous tourniquets

alcohol swabs

macrodrip and microdrip sets

house (fixed) and portable sharps containers

blood Y-sets

safety angiocaths sizes ranging from 14g-24g

syringes to include sizes 1mL, 3mL, 5mL, and 10mL.

safety needles (23g)

filter needles

intraosseous infusion delivery system in adult and pediatric sizes.

d)         Pharmacological Agents

pharmacological agents and delivery devices per medical director protocol, see the department’s current ambulance inspection form for complete list.

pediatric "length based" device for sizing drug dosage calculations and sizing equipment.

R.   Fee Schedule:

Each application for an ambulance service license and ambulance vehicle permit shall be accompanied by a check for the appropriate fee, as stated below, payable to the Pueblo City-County Health Department.

Ambulance Service License Fee $100.00

Ambulance Vehicle Permit Fee $ 85.00/vehicle

In addition to the application fee, the applicant will be assessed mileage at the current reimbursement rate established by the Pueblo City-County Health Department for vehicle inspections that take place outside of Pueblo County.

All applicants regardless of governmental or private corporation status are required to submit the above-stated application fees. (Res. 14-138 § 2; Res. 08-340 § 1; Res. 95-248 §§ 2, 3; Res. 92-337 § 2)

8.08.040 Emergency personnel.

A. No patient shall be transported in an ambulance in Pueblo County unless there are two or more individuals, including the driver and attendant, present and authorized to operate the ambulance except under unusual conditions when only one authorized person is available. All ambulance services based in Pueblo County shall be required to provide the following for transportation of patients:

1.   An advanced life support ambulance occupied by at least one Colorado-certified Paramedic and one of the following: A Colorado-certified EMT or Advanced EMT, or one EMT-Intermediate  will respond to all 911 requests for ambulance service in areas of the county having a population of more than thirty thousand (30,000) people;

2.   An advanced life support ambulance occupied by at least one Colorado-certified Paramedic and one of the following: A Colorado-certified EMT or Advanced EMT, or one EMT-Intermediate will respond to non-911, nonemergency requests for ambulance service. One nurse or one physician as defined in Section 8.08.010 or one Colorado-certified Paramedic may occupy the ambulance in lieu of or in addition to the EMT or the EMT-Intermediate or Advanced EMT;

3.   Sufficient medical malpractice insurance coverage as determined by the Director in addition to the required vehicular liability insurance and professional liability insurance set forth elsewhere herein;

4.   A Medical Director as defined in this section.

B.   No person shall be employed by or utilized in connection with an ambulance service based in Pueblo County as an EMT without being certified by the Colorado Department of Public Health and Environment. The Colorado Department of Public Health and Environment may certify more than one category of EMT depending on each EMT’s training and experience. Those categories, EMT, Advanced EMT, EMT-Intermediate and Paramedic, are defined as follows:

1. "Emergency Medical Technician (EMT)" - An individual who has a current and valid EMT certificate issued by the Colorado Department of Public Health and Environment and who is authorized to provide basic emergency medical care in accordance with the Rules Pertaining to EMS Practice and Medical Director Oversight. For the purposes of these rules, EMT includes the historic EMS Provider level of EMT-Basic (EMT-B).
2. "Advanced Emergency Medical Technician (AEMT)"- An individual who has a current and valid AEMT certificate issued by the Colorado Department of Public Health and Environment and who is authorized to provide limited acts of advanced emergency medical care in accordance with the Rules Pertaining to EMS Practice and Medical Director Oversight.
3. "Emergency Medical Technician Intermediate (EMT-I)" - An individual who has a current and valid EMT-I certificate issued by the Colorado Department of Public Health and Environment and who is authorized to provide limited acts of advanced emergency medical care in accordance with the Rules Pertaining to EMS Practice and Medical Director Oversight. For the purposes of these rules, EMT-I includes the historic EMS Provider level of EMT-Intermediate (EMT-I or EMT-I 99).
4. "Paramedic" - An individual who has a current and valid Paramedic certificate issued by the Colorado Department of Public Health and Environment and who is authorized to provide acts of advanced emergency medical care in accordance with the Rules Pertaining to EMS Practice and Medical Director Oversight. For the purposes of these rules, Paramedic includes the historic EMS Provider level of EMT-Paramedic (EMT-P).

C.   At all times, there shall be at least one attendant in the patient compartment while transporting a patient who shall be qualified at least as an EMT except under unusual circumstances when no such qualified individual is available. One nurse or one physician as defined in Section 8.08.010 or one Colorado-certified Advanced EMT or EMT-Intermediate or Paramedic may occupy the patient compartment in lieu of or in addition to the EMT. No attendant shall provide direct emergency medical care and treatment to patients transported in an ambulance without additionally obtaining a cardiopulmonary resuscitation card. Each attendant must carry on his or her person his or her current cardiopulmonary resuscitation certification card or his or her current Colorado EMT Certification card while on duty as evidence of his or her proficiency and credentials.

D. No person shall operate within Pueblo County as an ambulance driver without first possessing a valid Colorado Driver’s License, a current Colorado Department of Public Health and Environment, Emergency Services Division, approved Advanced First Aid Card or First Responder Certification, and a current cardiopulmonary resuscitation card. An ambulance service serving a population of thirty thousand (30,000) people or more must have its drivers certified as at least an EMT. Each ambulance driver must physically carry his or her Colorado Driver’s License and either his or her Advanced First Aid Certification Card or evidence of First Responder Certification, Colorado EMT Certification Card, if applicable, and his or her cardiopulmonary resuscitation certification card while on duty as evidence of his or her proficiency and credentials.

E.   As a condition of licensure under the terms and conditions of this chapter, it shall be the responsibility of the ambulance service to document, to the satisfaction of the Director or the appointed inspector, that all persons employed by, or serving for, the ambulance service during the year have maintained the certification appropriate to their respective responsibilities current throughout the certified period. Failure to provide such documentation may lead to denial of the renewal of any ambulance service license and/or ambulance vehicle permit. Each operator of an ambulance service shall inform the Director and/or inspector of changes in the employment or certification status of licensed EMT’s and ambulance drivers within one week after such changes occur.

F.   All ambulance services based in Pueblo County shall have a Medical Director whose purpose shall be to set the standards of the medical care of that ambulance service and to review the performance of the ambulance service in medical matters, provided that such standards meet the minimum requirements of, and are not in conflict with, the terms and conditions of this chapter.(Res. 14-138 § 3; Res. 95-248 § 4; Res. 92-337 § 3)

8.08.050 Violations and penalties.

A. In any legal action filed against a person who has been issued a license pursuant to the terms and conditions of this chapter and Section 25-3.5-301, et seq., C.R.S., in which it is alleged that the plaintiff’s injury, illness or incapacity was exacerbated or that he or she was otherwise injured by the negligence of the licensee, an act of negligence shall not be presumed based on the fact of the allegation. In the event a judgment is entered against any such licensee, he or she shall, within thirty (30) days thereof, file a copy of the findings of fact, conclusions of law, and order in such case with the Pueblo County Clerk and Recorder. The Board of County Commissioners shall take note of such judgment for purposes of investigation and appropriate action if a violation of the terms and conditions of this chapter and Section 25-3.5-201, et seq., C.R.S., is present. Any and all complaints received directly by the Board of County Commissioners shall be subject to review.

B. 1. Upon a determination by the Board of County Commissioners that any service or person has violated or failed to comply with the terms and conditions of this chapter or the provisions of Section 25-3.5-301, et seq., C.R.S., the Board of County Commissioners may temporarily suspend, for a period not to exceed thirty (30) days, any license or permit issued pursuant to the terms and conditions of this chapter and the provisions of Section 25-3.5-301, et seq., C.R.S. The licensee shall receive written notice of such temporary suspension, and a hearing shall be held no later than ten (10) days after such temporary suspension. After such hearing, the Board of County Commissioners may suspend any license or permit issued pursuant to the terms and conditions of this chapter and Section 25-3.5-301, et seq., C.R.S., for any portion of or for the remainder of the life of any such license or permit. At the end of the suspension period, the person whose license or permit was suspended may apply for a new license or permit as in the case of an original application.

2. The Department, as the licensing agent of Pueblo County, shall have the authority to temporarily suspend any license or permit issued pursuant to the terms and conditions of this chapter at any time upon a finding by the licensing agent that an emergency situation exists due to the facts that a licensee or a permittee has violated the provisions of this chapter as amended, or Section 25-3.5-101, et seq., C.R.S. and there is a threat to the health and safety of the public due to the actions or omissions of such licensee or permittee. In the event the Department makes the determination to temporarily suspend a permit or license on an emergency basis as provided herein, such emergency temporary suspension is subject to the review and rescission or ratification by the Board of County Commissioners no later than ten (10) days from the date the license or permit was temporarily suspended. The Department shall give written notice of any emergency temporary suspension of a license or permit by forwarding a completed notice of temporary suspension, a copy of which is attached hereto and incorporated herein by this reference, to the Pueblo County Attorney’s Office, as soon as possible, but no later than the next business day following said suspension. Business days are defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. The County Attorney’s Office, upon receipt of a written notice of emergency temporary suspension, from the Department shall schedule a hearing on the matter as soon as possible given the schedule of the Board of County Commissioners. The County Attorney Office will also give written notice of the hearing date and time to the licensee or permittee and to the Department. The Board of County Commissioners shall conduct the hearing so scheduled to review the emergency temporary suspension in accordance with the provisions of this subsection. In the event a hearing is not scheduled within ten (10) days of an emergency temporary suspension pursuant to the provisions of this subsection, said suspension shall be lifted and the licensee’s license or permit shall be reinstated automatically.

C. Upon a second violation or failure to comply with the terms and conditions of this chapter and/or Section 25-3.5-301, et seq., C.R.S., by any licensee, the Board of County Commissioners may permanently revoke such license or permit.

D. Any person who violates the terms and conditions of this chapter and/or any provision of Section 25-3.5-301, et seq., C.R.S., commits a Class 3 misdemeanor and shall be punished as provided in Section 18-1-106, C.R.S. (Res. 96-377; Res. 92-337 § 4)

8.08.060 Reporting system for ambulance services.

All Pueblo County licensed ambulance services will utilize the statewide Emergency Medical Services Uniform Pre-hospital Care Reporting System operated by the Colorado Department of Public Health and Environment, Emergency Services Division, and corresponding regulations adopted pursuant to the Emergency Medical Services Rules, 6 C.C.R. 1015-3.(Res. 14-138 § 4: Res. 08-340 § 2; Res. 92-337 § 5(A))

8.08.070 Emergency Medical Services Advisory Council.

 A.             There is created the Pueblo County Emergency Medical Services Advisory Council. The purpose of the Advisory Council is to advise the Board of County Commissioners on changing laws and the needs of the citizens in Pueblo County in the following areas: standards of treatment; transportation; the training of emergency medical services personnel; communications and documentation systems; and other matters related to the provision of emergency medical services in Pueblo County as requested by the Board of County Commissioners.

B.   The Pueblo County Emergency Medical Services Council shall be authorized to change medical-only protocol guidelines of the Paramedic Protocol Guidelines Southern Colorado RETAC Protocols without prior approval of the Board on behalf of Pueblo County, provided that the medical director representing each hospital in Pueblo County has given his or her written approval of the change. The Emergency Medical Services Council can be contacted for information regarding changes to the medical-only protocol guidelines.(Res. 14-138 § 5; Res. 98-409; Res. 92-337 § 5(B))

8.08.080 Liability for damage.

Nothing contained in this chapter shall be construed so as to hold the Pueblo City-County Health Department or county of Pueblo, Colorado, their officers, agents or employees, or any other person authorized to enforce the provisions of this chapter responsible for any damage to persons or property which may occur in connection with the administration and enforcement of this chapter. (Res. 92-337 § 5(C))

8.08.090 Administration costs.

The expenses involved in administering this chapter shall be paid out of the county general fund, and shall be included in the budget of the City-County Health Department. (Res. 92-337 § 5(D))

8.08.100 Interference in discharge of duties prohibited.

No persons shall interfere with or hinder the Board of County Commissioners or their authorized representatives in the discharge of their duties as herein prescribed. Any such interference shall constitute a violation of this chapter and any person violating this chapter will be subject to the penalties set forth in this chapter. (Res. 92-337 § 5(E))

8.08.110 Bylaws and guidelines approved.

The Pueblo County Emergency Medical Services Advisory Council Bylaws and Paramedic Protocol Guidelines are hereby approved on behalf of Pueblo County. (Res. 98-74)

8.12.010 Definitions.

As used in this chapter, the following words, unless the context in which they are used indicates otherwise, shall be given the following meanings:

"Applicant" means that person, partnership, company or corporation who is an initial applicant or an applicant for renewal of a solid waste hauler’s license.

"Board" means the Board of County Commissioners of Pueblo County, Colorado, or its designee.

"County" means Pueblo County, Colorado.

"Department" means the Pueblo Department of Public Health and Environment.

"Director" means the Director of the Pueblo Department of Public Health and Environment.

"Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

"License" means a commercial solid waste hauler’s license issued by the county pursuant to the provisions of this chapter.

"Licensing agent" means that entity or individual designated by the Board of County Commissioners in Section 8.12.020 to enforce the terms and conditions of this chapter.

"Litter" means "garbage," "refuse," "rubbish" and "solid waste," as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to the public health, safety and welfare.

"Officer" means any law enforcement officer as defined by Sections 18-9-120(1)(d) and 18-1-901(3)(1)(I), C.R.S., and shall include, but not be limited to, an officer of the Pueblo County Sheriff’s Department, or any Environmental Health Specialist/Health Protection Officer of the Pueblo Department of Public Health and Environment who has been deputized by the Pueblo County Sheriff.

"Ordinance" means Pueblo County Ordinance No. 4 as enacted by the Board of County Commissioners of Pueblo County, Colorado.

"Owner of solid waste" means any person, partnership, company or corporation having generated or produced trash as the same is defined herein.

"Permanent materials" means wood, metal, or any other equivalent or superior material, fixed in place with bolts, rivets, screws, nails, or any other equivalent fastening device.

"Person" means any owner, individual or individuals, partnership, company, or corporation.

"Refuse" means all putrescible or non-putrescible waste including garbage, rubbish and trash.

"Rubbish" means nonputrescible waste consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, branches, wood, waste building materials, glass, bedding, crockery, household furnishings, and similar materials.

"Solid waste" means garbage, refuse, sludge, trash, litter, rubbish and other waste as defined in Sections 30-15-401(1)(a) and 30-20-101(6), C.R.S.

"Solid waste disposal site" means any solid waste disposal site or facility, including but not limited to landfills, transfer stations, and recycling centers, which has a certificate of designation, if located in Colorado, or a comparable permit if located outside Colorado, at which the deposit and final treatment of solid waste occurs.

"Solid waste hauler" means any person, partnership, company or corporation engaged in the business of solid waste collection and/or solid waste transportation within the unincorporated area of the county where the ultimate destination of the solid waste is a solid waste disposal site. For purposes of this chapter, "solid waste hauler" shall include, but not be limited to, the owners, officers, agents, employees and drivers of the aforementioned persons, partnerships, companies or corporations.

"Trash" means any ashes, waste, wastewater, sewage, industrial waste products, junk, garbage, litter, refuse, debris, rubbish, grass clippings, other lawn or garden waste including, but not limited to, weeds or brush not growing in place, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction materials, motor vehicle parts, furniture, oil, carcasses of dead animals, any nauseous or offensive matter of any kind, any object likely to injure any person or create a traffic hazard, or anything else of an unsightly nature, or any object which has been discarded or abandoned, except weeds, brush, or other growing things in place. (Ord. 4 § 1(D), 1993,, Ord. No. 2019-27)

8.12.020 Licensing Agent designated.

The Board of County Commissioners designates the Director of the Pueblo Department of Public Health and Environment, or his or her designee, as the Licensing Agent for Pueblo County. He or she shall administer the provisions of Pueblo County Ordinance No. 4 under the direction of the Board of County Commissioners. (Ord. 4 § 1(E), 1993, Ord. No. 2019-27))

8.12.030 Solid waste haulers--Licensing requirements.

A. Solid Waste Haulers--License Required. It is unlawful and a violation of this chapter for any person or solid waste hauler to be in the business of collecting and/or transporting solid waste within the unincorporated area of the county when the ultimate destination of the solid waste is a solid waste disposal site, without having first obtained a current and valid license therefor from the Licensing Agent. Nothing contained herein shall be construed to prevent a person from hauling or disposing of his or her own solid waste, provided he or she complies with all the provisions of this chapter applicable to such hauling or disposal, and does so in such a manner as not to endanger the public health, safety or welfare, or cause litter to be deposited on the streets and alleys located within the unincorporated area of the county.

B. Application--Requirements. Before a license will be issued by the Licensing Agent, an applicant for such license shall satisfy the following requirements:

1. The applicant shall complete an application for a solid waste hauler’s license which may be obtained from the Pueblo Department of Public Health and Environment. Such application shall contain the name, address and contract information of the applicant and identification of the vehicles the applicant intends to employ in the conduct of the business.

2. The applicant shall submit a nonrefundable annual license fee payable to Pueblo Department of Public Health and Environment, which shall be determined as follows for licenses expiring on or before December 31, 1993:

a. A one hundred dollar ($100.00) fee for the issuance of all new or reissuance of all licenses;

b. A fifty dollar ($50.00) late fee will be assessed for the issuance of a license following the expiration or revocation of a previous license issued by the Licensing Agent;

c. A fifteen dollar ($15.00) fee for the renewal of a previous license issued by the Licensing Agent prior to the expiration of such license.

d. In addition to the annual license fee, the applicant shall submit an individual vehicle licensing and inspection fee of twenty-five dollars ($25.00) per vehicle to be licensed.

3. The applicant shall provide a certificate of inspection of each vehicle the applicant intends to use, issued by the Pueblo City-County Health Department not more than thirty (30) days prior to the date of application, which shall state the Pueblo City-County Health Department has inspected and determined that the vehicle or vehicles the applicant proposes to use meets the requirements of this subsection. Each vehicle operated in the business of the collection, transportation and disposal of solid waste must be licensed and, at all times during the term of such license, have the following:

a. A permanent cover of canvas or equally suitable or superior material designed to cover the entire open area of the body of such vehicle; and

b. A body so constructed as to be permanently leakproof so that no solid waste therein contained can leak any fluids or matter from the vehicle; and

c. Extensions of sideboards and tailgate, if any, constructed of permanent materials; and

d. On both the right and left sides of the vehicle near the front of the body of the vehicle, the name and telephone number of the owner of the vehicle shall be printed in letters not less than three inches high, which letters shall be clearly legible.

e. The Pueblo Department of Public Health and Environment is authorized to charge the applicant a reasonable fee, which shall be payable to the Health Department, to defray the cost of performing inspections and issuing a certificate of inspection as provided in this section. In the event the applicant is concurrently applying for a hauling license from the city of Pueblo for which an inspection is performed and a certificate issued, then the inspection and certificate are transferable to the county’s application and no fee shall be required by the Health Department.

4. The applicant shall provide a certificate issued by the local land use regulatory agency showing the business operated by the applicant is in compliance with all applicable local land use regulations, including but not limited to, zoning and subdivision regulations. This shall apply to the office, haul vehicle storage yard and repair facilities operated by the applicant in conjunction with the collection and transportation of solid waste within the unincorporated area of Pueblo County, even if the facilities are located outside the unincorporated area of Pueblo County. Additionally, the applicant shall comply with all federal, state and/or local laws, rules and/or regulations applicable to the operation of the applicant’s business within the state of Colorado and Pueblo County.

5. The applicant shall, at its sole cost and expense, procure and maintain during the entire term of any license issued hereunder the following coverages and limits of insurance with companies acceptable to the county:

a. Worker’s compensation (including occupational disease), and employer’s liability insurance in accordance with any applicable worker’s compensation laws on all employees, servants and/or agents connected with or engaged in the performance of the applicant’s business in Pueblo, Colorado;

b. Automobile liability insurance on each vehicle employed in such business and licensed under this chapter, issued by an insurance carrier or insurer authorized to do business in the state of Colorado, to be written in the sum of not less than five hundred thousand dollars ($500,000.00) combined single limit per accident and aggregate for both bodily injury, including death, and property damage;

c. Commercial general liability insurance covering the liability of the applicant with respect to all operations and conduct of the applicant in conducting the applicant’s business to be written at a combined single limit of not less than one hundred thousand dollars ($100,000.00) per occurrence and aggregate for both personal injury, including death and bodily injury, and property damage.

Coverages enumerated in this insurance provision represent only the minimum insurance required by the county, and the applicant should rely on its expertise to obtain any additional insurance coverage needed in the performance of its business. At the time of the filing of the application, the applicant shall provide the county with certificates of insurance indicating the applicant is covered by insurance as set forth above at all times during the entire term of any license issued hereunder. Such insurance policies, or evidence thereof, shall at all times be carried in each vehicle licensed hereunder. Each such certificate shall provide that the county shall receive thirty (30) days prior written notice of the cancellation or expiration of such insurance coverage. Any liability for failure to comply with the aforementioned insurance requirements shall be borne by the individual, partnership, or corporation owning the vehicle which is not in compliance.

6. The applicant shall provide proof of valid Colorado Motor Vehicle Registration for each vehicle to be licensed and shall maintain such valid registration during the entire term of each individual vehicle’s license issued hereunder.

C. Review by the Licensing Agent. The Licensing Agent shall determine whether or not the public convenience and necessity will be served by granting the application. If the Licensing Agent determines that the public convenience and necessity will be served by the granting of the application, and the requirements hereinabove set forth have been satisfied, the application shall be granted and a license issued by the Licensing Agent. If the Licensing Agent determines that the public convenience and necessity will not be served by granting the application, the application shall be denied.

D. Issuance of a License. Unless otherwise specifically provided for herein, all licenses issued under this chapter shall be valid for a period of one year or a fraction thereof and shall expire on the last day of the calendar year in which the license is issued. Each such license shall consist of the following:

1. Pueblo County commercial solid waste hauler’s license issued by the licensing agent which must be carried at all times in the vehicle for which it is issued; and

2. A visible solid waste license sticker containing the motor vehicle license plate number of the vehicle for which a license is issued, that vehicle’s vehicle identification number, the expiration date of the license, and the attached month sticker. The solid waste license sticker must be affixed to the vehicle in the upper center portion of its windshield so as to remain visible at all times, and the sticker shall be used only on the vehicle for which it is issued.

E. Violations. Failure to comply with any provision of subsections (A) or (B)(5) of this section is a Class "A" solid waste offense punishable as provided under Section 8.12.070. Failure to comply with any provision of subsections (B)(3) or (D)(2) of this section is a Class "C" solid waste offense punishable as provided under Section 8.12.070.

F. Suspension or Revocation of License. Separately and/or in addition to the punishment set forth in subsection E of this section, the Licensing Agent may suspend or revoke all or part of a solid waste hauler’s license for violation of this section. Written notice of a suspension or revocation hearing shall be given the licensee at least ten (10) days in advance of the hearing. The notice shall set forth the alleged violation(s). After hearing such evidence and testimony as may be presented, the Licensing Agent may suspend or revoke or partially suspend or revoke a license, or may impose such conditions or compliance schedules on the licensee as are reasonable to meet the intent of this chapter.

Nothing herein shall be interpreted to limit or otherwise diminish the Licensing Agent’s authority to seek immediate injunctive relief when necessary to promote the public health, safety and general welfare. (Ord. 4 § 2, 1993, Ord. No. 2019-27)

8.12.040 Litter--Disposal.

A. It is unlawful and a nuisance for any person to dump, deposit or dispose of litter, or to accumulate or permit the accumulation of litter, on any public or private tract of land within the county, or upon any alley or sidewalk adjacent to such lot or tract of land, except that the owner or occupant of the property may maintain receptacles for collecting litter in such a manner that litter will be prevented from being carried away from such receptacle by the elements. Each such receptacle shall be covered by a tightly fitted lid, which under normal circumstances will retain the receptacle’s contents.  The accumulation of litter in any street, sidewalk area, alley or other public place shall be presumed to have been caused or permitted by the owner or occupant of the abutting land. Litter thrown from a vehicle shall be presumed to have been thrown by the owner of the vehicle or the occupant if there is but one. If there is more than one occupant, it shall be presumed to have been thrown by the driver of the vehicle. If any litter is disposed of other than in compliance with this chapter, and the ownership of the litter can be ascertained from the contents thereof, the owner so ascertained may be prosecuted for such unlawful dumping, deposit or disposal of litter.

B. The owner of litter shall be responsible for the proper storage, removal, transportation and disposal of such litter until the litter has been disposed of in some legal manner. Such litter shall be disposed of as follows:

1. Any person may transport his or her own trash directly to a solid waste disposal site, provided the site accepts trash hauled directly thereto by such persons. It is unlawful and a violation of this chapter for any person to transport litter in a vehicle operated on any street or highway within the county in a manner which permits such litter to spill, leak, drop, scatter or be deposited from the vehicle, or without the load being adequately secured and enclosed or covered to prevent such litter from dropping, spilling, leaking or otherwise escaping from the vehicle. Any person transporting litter shall take precautions to prevent the leaking or scattering of such litter. Such precautions shall include, but not be limited to, equipping any vehicle used to transport litter under this section with an enclosed or covered body or putting the litter in sealed containers sufficient to prevent the contents thereof from escaping from the vehicle. For purposes of this section, an "enclosed or covered body" means the body of the vehicle used to transport trash is securely covered by the use of a tarpaulin or other means sufficient to prevent the escaping of trash. Any litter that may have leaked or have been scattered from a vehicle used by such person to haul his or own trash shall be immediately retrieved and the area restored to its previous condition. Failure to comply with this subdivision is a Class "C" solid waste offense punishable under Section 8.12.070.

2. Litter may be disposed of by legally depositing it in a suitable container provided for the use of the general public. Containers which are provided in any public place or facility for the disposal of litter are provided only for the purpose of disposal of litter and trash produced or generated upon or within that public place or facility or by activities lawfully conducted therein. It is unlawful and a violation of this chapter, for any person to deposit or dispose of litter which is produced or generated off the site of any public place or facility in any such container provided in any public place or facility for the disposal of litter. Additionally, it is unlawful and a violation of this chapter for any person to dispose of litter in any container maintained by another person for the disposal of litter unless the person has been granted permission to so use that container and such permission has not been rescinded, or unless the person is a business invitee of the person maintaining the container and is disposing of litter generated on the premises where the container is located. Persons placing litter in public or private containers shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property within the county. Failure to comply with this subdivision is a Class "C" solid waste offense punishable under Section 8.12.070.

C. No person shall dump, deposit or dispose of litter in the unincorporated area of the county except as provided herein. Failure to dump, deposit or dispose of litter as provided herein shall be a Class "A" solid waste offense punishable under Section 8.12.070. If any litter is disposed of other than in compliance with this chapter, and the ownership of the litter can be ascertained from the contents thereof, the owner so ascertained may be prosecuted for such unlawful dumping, deposit or disposal of litter. (Ord. 4 § 3, 1993, Ord. No. 2019-27)

8.12.050 Litter--Accumulation.

A. It is unlawful and a nuisance for any person to accumulate or permit the accumulation of litter, on any occupied or vacant private or public lot or tract of land within the county, or upon any alley or sidewalk adjacent to such lot or tract of land, except that the owner or occupant of private property may maintain receptacles for collecting litter in such a manner that litter will be prevented from being carried away from such receptacle by the elements. Each such receptacle shall be covered by a tightly fitted lid, which under normal circumstances will retain the receptacle’s contents. Additionally, it is unlawful for any person to throw, sweep or deposit litter in or upon any street, sidewalk, alley or other public place within the county except in public receptacles or in authorized private receptacles for collection. The accumulation of litter in any street, sidewalk area, alley or other public place shall be presumed to have been caused or permitted by the owner or occupant of the abutting land. It is unlawful for any person owning or occupying real property in the county or his or her agent to fail or refuse to remove all litter from such lot or tract of land including litter in the gutter in the front, and on the sides of, and to the center of the alley behind such lot or tract of land. All litter shall be removed from such lot or tract of land immediately upon the accumulation of the same.

B. Construction sites shall be maintained.  All litter that is generated on construction sites during construction shall be contained within receptacles provided by the building contractor.  The receptacles shall be of sufficient size and design to contain the litter generated on the property during construction and prevent the litter from being carried away by the elements.

C. In the event litter should accumulate on any lot or tract of land in the county or upon any alley or sidewalk adjacent to such lot or tract of land, and such litter is not removed by the person owning or occupying of in control of such property, either of the following procedures may be instituted:

1. An officer shall give the owner of such litter or the owner, owners, tenant, tenants, building contractor, occupant or occupants of the lot or tract of land upon which the litter has accumulated a notice and order to remove such litter within twenty (20) days from the date of the notice, or to appear before the Board within twenty (20) days to show just cause why the notice and order should not be enforced; or

2. Any resident of the county, or the Board upon its own motion, may cause such matter to be placed on the agenda for consideration at a regular meeting of the Board. In the event the Board determines that such condition does exist, it shall cause the Clerk to the Board to issue a notice and order to the owner of such litter or the owner, owners, tenant, tenants, building contractor, occupant or occupants of the lot or tract of land in question, directing such person or persons either to remove such litter within twenty (20) days from the date of the notice, or to appear before the Board within the twenty (20) day period to show cause why the notice and order should not be enforced.

If the whereabouts of a property owner are unknown, and all reasonable efforts to discover his or her address have been unsuccessful, then service shall be by posting of notice in a conspicuous place upon the property for not less than thirty (30) days and by one publication of this notice in a newspaper published at least weekly within Pueblo County.

Failure to comply with the dictates and provisions of the twenty (20) day notice and order, whether issued by an officer or the Board, within the twenty (20) day period, shall constitute a violation of this subsection and shall be punishable as provided herein. Each day that such litter continues unremoved from the real property after the date of expiration of the twenty (20) day period without just cause having been shown why the notice and order should not be enforced shall constitute a separate violation of this subsection.

D. If litter has accumulated on any lot or tract of land in the county, or upon an alley or sidewalk adjacent to such lot or tract of land, and a twenty (20) day notice and order has been issued to the owner or owners of said lot or tract of land under the procedure provided in subsection A of this section, and such twenty (20) day period has passed with the owner or owners of the lot or tract of land failing to remove the accumulated litter, the Board, or the Pueblo Department of Public Health and Environment, at its discretion, may provide for and compel the removal of the accumulated litter and assess the reasonable cost thereof, including five percent for inspection and other incidental costs in connection therewith, upon the lot or tract of land from which such litter has been removed. The assessment shall be a lien against such lot or tract of land until paid and shall have priority over all other liens except those for general taxes and prior special assessments. In case such assessment is not paid within a period of one hundred eighty (180) days after notice of such assessment is provided to the owner or owners of the land in question, it may be certified by the Clerk to the Board to the County Treasurer who shall collect the assessment, together with the ten (10) percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of the state of Colorado for the assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this subsection.

E. Before the Board or the Pueblo Department of Public Health and Environment may provide for and compel the removal of litter which has accumulated on any lot or tract of land in the county, it, or its designated representative, shall apply for an administrative entry and seizure warrant issued by a county or district court having jurisdiction over the property from which the litter shall be removed, and carry out such removal through the exercise of such warrant. At the time application is made for such warrant, the Board, or the Pueblo Department of Public Health and Environment or its designated representative, shall provide the county or district court having jurisdiction over property from which the litter shall be removed with the following:

1. A certified copy of Pueblo County Ordinance No. 4;

2. A sworn or affirmed affidavit stating the factual basis for such warrant;

3. Evidence that the property owner or owners have received notice of the violation and have failed to remove the litter within a reasonable prescribed period of time;

4. A general description of the location of the property which is the subject of the warrant; and

5. A general list of any litter to be removed from such property, and the proposed disposal or temporary impoundment of such litter, whichever the court deems appropriate.

Within ten (10) days following the date of issuance of an administrative entry and seizure warrant, the warrant shall be executed in accordance with the directions of the issuing court. A copy of the issued warrant shall be provided or mailed to the property owner or owners, and proof of the execution of such warrant, including a written inventory of any property impounded by the executing authority, shall be submitted to the court by the executing authority.

F. Any notice required by any provision of this section may be served by personal service, or by registered or certified mail, return receipt requested, delivered to addressee only. Service shall be complete on the date the addressee signs the return receipt or refuses to accept delivery of the letter. The addressee’s refusal shall be presumed from the return of the letter evidencing a notation by the postal authorities that service was refused. The notice provisions of this section apply only to this section, and shall apply to no other section of this chapter. Failure to comply with any provision of this section is a Class "B" solid waste offense punishable as provided under Section 8.12.070. (Ord. 4 § 4, 1993, Ord. No. 2019-27)

8.12.060 Administration.

A. Exceptions. The provisions of this chapter shall not apply to the following:

1. Industrial tracts of ten (10) or more acres and agricultural lands currently in agricultural use as that term is defined in Section 39-1-102(1.6), C.R.S.;

2. To the transportation of sludge and fly ash or to the transportation of hazardous materials, as defined in the rules and regulations adopted by the chief of the Colorado State Patrol pursuant to Section 43-6-104(1), C.R.S.; and

3. To the transporting of ashes, trash, solid waste, rubbish, garbage, or industrial waste products or any other discarded materials which are collected by a city, county, city and county, town, or other local subdivision within its jurisdictional limits, provided every vehicle so engaged in transporting the discarded materials has conformed to vehicle standards at least as strict as those prescribed in this chapter.

B. Nothing contained in this chapter shall be construed so as to hold the county of Pueblo, Colorado, or the Pueblo Department of Public Health and Environment, their respective officers, agents or employees, or any other person authorized to enforce the provisions of this chapter responsible for any damage to persons or property or for any accident that may arise in connection with the administration and enforcement of this chapter. No person shall interfere with or hinder the Board of County Commissioners, the Pueblo Department of Public Health and Environment or their authorized representatives, or any officer as that term is defined herein, in the discharge of their respective duties as herein prescribed. Any such interference shall constitute a Class "A" solid waste offense, and any person violating this chapter will be subject to the penalties set forth herein.

C. This chapter shall be in full force and take effect immediately on August 11, 1993. (Ord. 4 § 5, 1993, Ord. No. 2019-27)

8.12.070 Enforcement--Penalties.

A. The provisions of this chapter shall be enforced by an officer as that term is defined in Section 8.12.010. Any person who violates any provision of this chapter commits a Class 2 petty offense as defined in Section 18-1-107, C.R.S., as amended, and shall be fined in accordance with the graduated fine schedule contained in subsection B of this section.

The Board adopts the penalty assessment procedure provided in Section 16-2-201, C.R.S., as amended, and any officer enforcing the provisions of this chapter is authorized to follow and use the penalty assessment procedure.

B. Each violation of any provision of this chapter shall constitute a separate violation hereof. The following shall be the schedule of fines imposed for violations of the provisions of this chapter:

C. All fines and forfeitures for the violation of this chapter and all moneys collected for licenses or otherwise pursuant to the terms of this chapter, shall be paid to and retained by the Pueblo Department.of Health and Environment. (Ord. 4 § 6, 1993, Ord. No. 2019-27)

8.16.010 Adoption by reference.

That the following documents, one (1) copy each of which are on file in the office of the Pueblo County Clerk & Recorder in Pueblo County, Colorado, being marked and designated as the International Fire Code(IFC), 2015 edition, except as amended in Section 2 herein, as published by the International Code Council, Inc.; and the International Wildland-Urban Interface Code (IWUIC), 2015 edition, except as amended in Section 3 herein, as published by the International Code Council, Inc., be and hereby are adopted as the Fire Codes of Pueblo County, in the State of Colorado, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Codes on file in the office of the Pueblo County Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this Ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Sections 2 and 3 of this Ordinance.

That the following Sections to Chapter 8.16 of Title 8 of the Pueblo County Code are hereby amended thereto. (Ord. 14 and Ord. 18 and Ord. 2011-23 are repealed) (Ord. No. 2017-24 § 1)

8.16.020 Amendments to the 2015 I.F.C.

The following Sections of the 2015 are revised as follows:

Section 101.1. Pueblo County.

Section 108.1.Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of the Fire Codes of Pueblo County, there shall be and is hereby created a Board of Appeals. The Board of Appeals members shall be appointed by the Pueblo Board of County Commissioners pursuant to Resolution Nos. 85-121 and 02-95 as those resolutions currently exist and as may be amended from time to time, and shall hold office at the pleasure of the Pueblo Board of County Commissioners. The Board of Appeals shall adopt reasonable rules and procedures for conducting its business, including and consistent with the appeal process set forth in Section 7 of this Ordinance and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official.

Section 109.1. Unlawful acts. Is revised as described in Section 8 herein.

Section 109.3. Notice of violation. Is revised as described in Section 9 herein.

Section 109.4.Violation penalties.Is renamed and revised as described in Section 8 herein.

Section 111.4.Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be issued a penalty assessment and shall be fined in accordance with the graduated fine schedule defined in Section 8 of this Ordinance.(Ord. 14 and Ord. 18 and Ord. 2011-23 are repealed) (Ord. No. 2017-24 § 2)

8.16.030 Amendments to the 2015 I.W.U.I.C.

That the following portions of the 2015 IWUIC are hereby revised:

Section 109.1. Unlawful acts. Is revised as described in Section 8 herein.

Section 109.4.5.2. Notice of violation. Is revised as described in Section 9 herein.

Section 109.4.5.2.1 Method of Service.Is revised as described in Section 9 herein.

Section 109.4.7.Violation penalties.Is renamed and revised as described in Section 8 herein.

The following Chapter is hereby deleted:

Chapter 6 –Fire Protection Requirements

The following Appendices are hereby deleted:

Appendix A– General Requirements

Appendix B– Vegetation Management Plan

Appendix C– Fire Hazard Severity Form

Appendix D– Fire Danger Rating System

Appendix E– Findings of Fact

Appendix F– Characteristics of Fire-Resistive Vegetation

Appendix G– Self-Defense Mechanism

Appendix H– International Wildland-Urban Interface Code Flowchart

(Ord. 14 and Ord. 18 and Ord. 2011-23 are repealed) (Ord. No. 2017-24 §3)

8.16.040 Applicability.

Pursuant to C.R.S. § 30-15-401.5, this Ordinance and the Fire Codes herein adopted shall apply to the unincorporated areas of Pueblo County, but shall not apply to farms or ranches as defined in the Pueblo County Zoning resolutions."Farm or ranch"means an area of at least five acres in size if in an A-2 zone district or thirty-five (35) acres in size if in an A-1 zone district, and used for farming or ranching."Farming or ranching"means the business of cultivating land, producing crops and/or keeping livestock, fowl and other non-domestic animals. This definition does not include feedlot or dog kennels.

(Ord. 14 and Ord. 18 and Ord. 2011-23 are repealed) (Ord. No. 2017-24 § 4)

8.16.050 Enforcement Authority.

Enforcement of this Ordinance and the Fire Codes herein adopted shall be provided by metropolitan districts providing fire protection services, by Pueblo County fire districts organized pursuant to Article 1 of the Title 32, C.R.S., and by the City of Pueblo Fire Department for the Pueblo Memorial Airport Industrial Park. Upon request and provision of a statement of probable cause by any of these entities (metropolitan districts providing fire protection services, by Pueblo County fire districts organized pursuant to Article 1 of the Title 32, C.R.S., and by the City of Pueblo Fire Department for the Pueblo Memorial Airport Industrial Park), the Pueblo County Sheriff’s Office shall have authority to issue notices of violations to persons, firms or corporations within the jurisdiction of each entity and collect penalty assessments on behalf of said entity. Additionally, the Sheriff may grant to Fire Chief and Assistant Fire Chiefs limited commission to issue notices of violations to persons, firms or corporations. Any penalty assessments collected with the assistance of the Pueblo County Sheriff’s Office and/or with the Sheriff’s limited commission shall be deposited into the Pueblo County General Fund.

If any area of the County shall not be within such a metropolitan district’s or fire district’s jurisdiction, and shall not have fire protection services provided pursuant to a contract with a municipality or a fire district, enforcement of this ordinance and the Fire Codes herein adopted shall be delegated to and provided by the Pueblo Regional Building Department. In addition, the Pueblo County Sheriff’s Office shall provide enforcement of this Ordinance, whenever, in the opinion of the Sheriff’s Office, exigent circumstances require such enforcement, or whenever another agency, district, department, or office charged in this Section with enforcement of this Ordinance, requests such enforcement by the Sheriff’s Office. Each agency and entity identified in this Section 5 who is authorized to enforce this Ordinance shall hereinafter be referred to as the fire code official(s). If any section contained in the Fire Codes herein adopted are also covered by a section of the County Building Code, as such Code now exists or is hereafter altered, amended or adopted, the most restrictive provision or that Code imposing the highest standard shall govern.

Nothing in this Section shall be construed to eliminate or otherwise affect the Sheriff’s or any of his or her deputies’ enforcement discretion. In addition, nothing herein shall be construed as limiting an enforcement agency’s authority to issue penalty assessments pursuant to Section 8 of this Ordinance.

(Ord. 14 and Ord. 18 and Ord. 2011-23 are repealed) (Ord. No. 2017-24 § 5)

8.16.060 Modification to Codes.

Pursuant to C.R.S § 30-15-401.5(4), a metropolitan district, a fire district, or the City of Pueblo may apply to the Board of County Commissioners of Pueblo County, Colorado, for approval of modifications of the Fire Codes to suit the specific needs of the district.No such modification shall be effective until approved by resolution of the Board of County Commissioners.

(Ord. 14 and Ord. 18 and Ord. 2011-23 are repealed) (Ord. No. 2017-24 § 6)

8.16.070 Appeal Process.

Any person aggrieved by any ruling, decision, interpretation or order of any fire code official,or their authorized representative(s), shall have the right to appeal to the Board of Appeals which is hereby created pursuant to Section 2 of this Ordinance.

Any aggrieved person appealing any ruling, decision, interpretation or order shall file a written appeal setting forth the grounds and reasons for such appeal with the Board of Appeals within ten (10) days from the date of such ruling, interpretation, order or decision which is being appealed.The ten (10) days shall begin from the date of any oral ruling, interpretation, order, or decision; the date any such written ruling, interpretation, order or decision is provided directly to the person; or, if not personally delivered, the date any such written ruling, interpretation, order or decision is postmarked.

The appeal shall be filed at the offices of the Pueblo County Attorney, 215 W. 10th Street, Pueblo, CO 81003. If such notice is timely filed, the Board of Appeals shall set a time and place for hearing, and by first class mail, postage prepaid, notify the party filing the appeal.The date of the hearing shall be not more than twenty (20) days after the filing of the appeal except with the consent of the appellant.

The hearing shall be open to the public and all interested persons shall be heard.The Board of Appeals, by majority vote of the members present, shall affirm, modify or reverse any appealed ruling, interpretation, order or decision of any fire code official,fire chief, Building Official, or their authorized representative.

The Board of Appeals may permit a variance from the strict terms and provisions of this Ordinance or the Fire Codes herein adopted if such variance can be made without increasing the hazards to the health or safety of persons or property and if the granting of such variance will not violate the intent and purposes of the Fire Codes.Mere inconvenience to the appellant shall not be grounds to grant a variance.

The right to appeal pursuant to this Section shall not apply to penalty assessments issued pursuant to this Ordinance.

(Ord. 14 and Ord. 18 and Ord. 2011-23 are repealed) (Ord. No. 2017-24 § 7)

8.16.080 Unlawful Acts/Penalties.

It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this Ordinance, or cause same to be done, in conflict with or in violation of any of the provisions of this Ordinance or the Fire Codes adopted herein.

In addition to any civil penalty or remedy provided by law, any person who shall violate any provision of this Ordinance or the Fire Codes herein adopted or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this Ordinance or the Fire Codes herein adopted,commits a class 2 petty offense as defined in C.R.S. § 18-1.3-503, and shall be fined in accordance with the graduated fine schedule provided below.The Board hereby adopts the penalty assessment procedure provided in C.R.S. § 16-2-201, and any person enforcing the provisions of this Ordinance is authorized to follow and use such penalty assessment procedure.Each day that a violation continues after due notice has been served shall be deemed a separate violation under this Ordinance.

The following shall be the schedule of fines imposed for violations of the provision of this ordinance:

a.First violation:$250.00 fine.

b.For any second violation by the same person of any provision of this Ordinance within a five-year period:$500.00 fine.

c.For any third or more violation by the same person of any provision of this ordinance within a five-year period:$750.00 fine.

(Ord. 14 and Ord. 18 and Ord. 2011-23 are repealed) (Ord. No. 2017-24 § 8)

8.16.090 Notice of Violation.

When the fire code official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this ordinance, the fire code official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for re-inspection.

a.Service. A notice of violation issued pursuant to this Ordinance shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service, mail or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested or a certificate or mailing, to the last known address of the owner, occupant or both.

b.Compliance with order and notices. A notice of violation issued or served as provided by this Ordinance shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the notice of violation pertains.

c.Unauthorized tampering. Signs, tags or seals posted or affixed by the fire code official shall not be mutilated, destroyed or tampered with or removed without authorization from the fire code official.

Nothing herein shall be construed as limiting an enforcement agency’s/fire code official’s authority to issue a penalty assessment pursuant to Section 8 of this Ordinance. (Ord. 14 and Ord. 18 and Ord. 2011-23 are repealed) (Ord. No. 2017-24 § 9)

8.16.100 Interpretation.

Whenever in the Fire Codes, as adopted and amended herein, it is provided that anything must be done to the approval of or subject to the direction of the fire code official or any other officer of Pueblo County, this shall be construed to give such official only the discretion to determine whether the requirements and standards established by the Fire Codes have been complied with; and no such provision shall be construed as giving any fire code official discretionary powers as to what such regulations or standards shall be, or power to require conditions not prescribed by such code or codes or to enforce the provisions of such code or codes in an arbitrary or discriminatory manner.(Ord. 14 and Ord. 18 and Ord. 2011-23 are repealed) (Ord. No. 2017-24 § 10)

8.16.110 Responsibility/Liability.

Nothing in this Ordinance or the Fire Codes herein adopted is intended to create a duty upon the County or the fire code officials, or either of their agents or employees. Neither the County, the fire code officials, nor any of their agents or employees will be held liable for any injury to persons or damage to property by reason of any act or failure to perform an act otherwise authorized or required by the Fire Codes or this Ordinance. (Ord. 14 and Ord. 18 and Ord. 2011-23 are repealed) (Ord. No. 2017-24 § 11)

8.16.120 Immunity.

The adoption of this Ordinance and the Fire Codes identified in Section 1 shall not impose any duty upon any person, firm, corporation, or other entity with regard to the enforcement or non-enforcement of this Ordinance or said Codes. No person, firm, corporation, or other entity shall have any private right of action, claim, or civil liability remedy against the County or the fire code officials, their officers, employees or agents, for any damage arising out of or in any way connected with the adoption, enforcement, or non-enforcement of this Ordinance or said Codes. Nothing in this Ordinance or in said Codes shall be construed to create any liability, or to waive any of the immunities, limitations on liability, or other provisions of the Governmental Immunity Act, C.R.S. § 24-10-101,et seq. or to waive any immunities or limitation on liability otherwise available to the County or the fire code officials, their officers, employees or agents. (Ord. 14 and Ord. 18 and Ord. 2011-23 are repealed) (Ord. No. 2017-24 § 12)

8.16.130 Repeal.

That Ordinance No. 2011-23, codified at County Code Title 8, Chapter 8.16 of the Board of County Commissioners of Pueblo County, Colorado, entitled “An Ordinance for the Adoption by Reference of the 2009 Edition of the International Fire Code (IFC), Published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478, (2009), with Certain Amendments Thereto; and an Ordinance for the Adoption by Reference of the 2009 Edition of the International Wildland-Urban Interface Code (IWUIC), Published by the International Fire Code Council, Inc., and Providing Remedies and Penalties for the Violation Thereof; and Repealing Ordinance 14 and 18 and All Other Ordinances or Parts of Ordinances of the Pueblo County Board of Commissioners in Conflict herewith; and Amending the Pueblo County Code, Title 8, Chapter 8.16 Thereto” and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.(Ord. 14 and Ord. 18 and Ord. 2011-23 are repealed) (Ord. No. 2017-24 § 13)

8.16.140 Validity.

held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The Board of County Commissioners of Pueblo County, Colorado, hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.(Ord. 14 and Ord. 18 and Ord. 2011-23 are repealed) (Ord. No. 2017-24 § 14)

8.16.150 Construction.

That nothing in this Ordinance or in the Fire Codes hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 13 of this Ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance. (Ord. 14 and Ord. 18 and Ord. 2011-23 are repealed) (Ord. No. 2017-24 § 15)

8.16.160 Authenticity.

The foregoing text is the authentic text of Pueblo County Ordinance No. 2017-24.

The first reading of said Ordinance took place on August 30, 2017. It was published in full in the Pueblo Chieftain, a newspaper of general circulation in Pueblo County, Colorado, on September 5, 2017.

It was adopted on September 18, 2017, and the Pueblo County Clerk is hereby ordered and directed to cause this Ordinance to be republished by title and with amended sections in the Pueblo Chieftain, a newspaper of general circulation in Pueblo County, Colorado, on September 23, 2017, and shall take effect on (30 days later)October 23, 2017. (Ord. 14 and Ord. 18 and Ord. 2011-23 are repealed) (Ord. No. 2017-24 § 16)

8.20.010 Purpose.

The purpose of this Ordinance is:

A. to protect the public health, safety, and welfare by effectively managing noxious weed infestations that can impact, or are impacting, the public in an economic, physiological, or ecological manner:

B. require all residents and entities in Pueblo County to manage such infestations. (Ord. 15§ 1)

8.20.020 Authority and Effect.

This Ordinance is authorized pursuant to part 1 of article 5.5 of title 35, C.R.S.

The Board of County Commissioners has assigned the Pueblo County Weed Coordinator of his or her designee to be the Central Authority governing all aspects of weed management.  All request, concerns or comments concerning weed management shall be directed in wirting to the County Weed Coordinator for action consistent with the terms and conditions of this Ordinance. (Ord. 15 § 2)

8.20.030 Definitions.

Words and terms contained in this chapter are defined and construed according to the definitions set forth in Part 1 of Article 5.5 of Title 35, C.R.S., as amended from time to time, or according to their ordinary meanings, if not therein defined. (Ord. 15 § 3)

8.20.040 Applicability, effective date.

A. This chapter shall apply to all premises, lands, or places located in the incorporated areas of Pueblo County.

B. This chapter shall become effective on the date set for herein, and shall remain in full force and effect until amended, repealed or rescinded by a future ordinance adopted by the Board of County Commissioners of Pueblo County, Colorado.  Once effective, this chapter shall be applicable to the management of noxious weeds to all such premises, lands, or places designated in subsection (A) of this section.

C. No such management shall be compelled until the county has first applied the same or greater management measures to any land or rights-of-way owned or administered by the County that are adjacent to the private property an issue. (Ord. 15 § 4)

8.20.050 Unlawful acts.

A. It shall be unlawful for any person to maintain or permit to be minted any noxious weeds upon any property in unincorporated Pueblo County, owned, leased, rented or occupied by that person without taking appropriate steps to eradicate or manage the noxious weeds, as provided for in the Pueblo County Weed Management Plan, as the same is amended from time to time.  When such conditions are found to exist on that property, it shall be presumed to be in violation of this section.

B. It shall be unlawful for any person to fail or refuse to comply with any order issued pursuant to this chapter.

C. It shall be unlawful for any person to interfere with or hinder the board, or its authorized representatives, in the discharge of their duties as herein prescribed.  Any such interference or hindrance shall constitute a violation of this chapter. (Ord. 15 § 5)

8.20.060 Notice and order for eradication or management of noxious weeds.

A. The County Weed Coordinator or his or her delegate shall have the right to enter upon any premises, lands, or places during reasonable business hours for the purpose of inspecting for the existence of noxious weed infestations, when at least one of the following circumstances has occurred:

1.    The landowner or occupant has requested an inspection;
2.    A neighboring landowner or occupant has reported a suspected noxious weed infestation and requested an inspection; or
3.    An authorized agent of Pueblo County has made a visual observation from a public right-of-way or area and has reason to believe that a noxious weed infestation exists.

B. Before entering upon the premises for such inspection, the County Weed Coordinator shall send a Notice to the landowner via certified U.S. mail, return receipt requested, addressed to him or her at his or her last known address as indicated on the County's assessment roll, and to the occupant also via certified U.S. mail, return receipt requested that such an inspection is pending. The inspection shall be scheduled and conducted with the concurrence of the landowner and occupant.

C. Said Notice shall be deemed issued by mailing the same.  In the event the landowner or occupant shall fail or refuse to accept the certified letter, the County Weed Coordinator, in cooperation with the Pueblo County Sheriff's Office, shall have authority to serve the Notice upon the landowner and/or occupant in the same manner as provided in Rule 4 of the Colorado Rules of Civil Procedure.  Receipt of the Notice shall be established by the signature of the receiving party upon the return receipt or a copy of the Notice, or by successful service by the Pueblo County Sheriff's Office.

D.    If the landowner or occupant denies access to the County, the County may seek an inspection warrant issued by a judge of the Pueblo County Court or another court of competent jurisdiction. In so doing, the County must file an affidavit stating:.

1.    The information giving the County reasonable cause to believe that any provision of Title 35, Article 5.5, C.R.S. is being or has been violated;
2.    That the landowner or occupant has denied access to the County;
3.    A general description of the location of the affected land.

E.    If the presence of a noxious weed infestation on the land is confirmed by the County or its agent, pursuant to such inspection, the County shall issue a Notice and Order to the landowner, via certified U.S. mail, return receipt requested, addressed to the owner at his or her last known address as indicated on the County's assessment roll, and to the occupant, also via certified U.S. mail. The Notice and Order shall:
1.    Name the noxious weeds;
2.    Advise the landowner or occupant to manage the noxious weeds; and
3.    Specify the best available control methods of integrated management.
 

F.    Said Notice and Order shall be deemed issued by mailing the same. In the event the landowner or occupant shall fail or refuse to accept the certified letter, the County Weed Coordinator, in cooperation with the Pueblo County Sheriff's Office, shall have authority to serve the Notice and Order upon the landowner and/or occupant in the same manner as provided in Rule 4 of the Colorado Rules of Civil Procedure. Receipt of the Notice and Order shall be established by the signature of the receiving party upon the return receipt or a copy of the Notice and Order, or by successful service by the Pueblo County Sheriff's Office.

G.    Not longer than ten (10) days following the receipt of said notice, the landowner or occupant shall either:
1.     Comply with the terms of the notice;
2.     Acknowledge the terms of the notice and submit an acceptable plan and schedule for completion of the plan for compliance; or
3.     Request an arbitration panel to determine the final management plan.

H.    In order to develop an acceptable plan, the landowner or occupant may consult with the Pueblo County Weed Coordinator, CSU Cooperative Extension and other entities listed under the Technical Assistance section of the Pueblo County Weed Management Plan, as the same is amended from time to time. Any such plan must be approved by the Pueblo County Weed Coordinator. (Ord. 15 § 6)

8.20.070 Arbitration.

A.     If the landowner or occupant requests an arbitration panel, as set forth in Section 8.20.060(E), the Board shall select an arbitration panel comprised of:

1.    A weed management specialist or weed scientist;
2.    A landowner of similar land in the same county; and
3.    A third panel member chosen by agreement of the first two members.
 

B.     The landowner or occupant shall be entitled to challenge any one member of the panel, and the Board shall name a new panel member from the same category.

C.      No less than ten (10) days prior to the date of the arbitration hearing, the Pueblo County Weed Coordinator, or his or her designee, shall mail notice of the date and place of the hearing via certified U.S. mail, return receipt requested, to the landowner and occupant, and any other party who has expressed an interest in the matter. The landowner and/or occupant shall have a full and fair opportunity to present any relevant evidence, including the testimony of witnesses, to the arbitration panel in order to establish why the Notice and Order should not be enforced or should be delayed in its enforcement. Interested County staff, including the County Weed Coordinator, any governmental agency or any other interested party shall have the same opportunity to present evidence, including the testimony of witnesses. The arbitration panel shall consider all such evidence and testimony in reaching its decision in accordance with this Ordinance and C.R.S. 35-5.5-101 et. seq.

D.    The determination of the acceptable plan and method for the eradication or management of the noxious weeds shall be in the discretion of the arbitration panel.

E.    The decision of the arbitration panel shall be final.  (Ord. 15 § 7)

8.20.080 Eradication or management of noxious weeds by county Assessment of costs-Collection.

A.     If any landowner or occupant fails or refuses to comply with the Notice and Order issued in accordance with Section 8.20.060, or with the plan developed by the arbitration panel, within ten (10) days from the date of the Notice and Order issued in accordance with Section 8.20.060 or within ten (10) days of the effective date of the arbitration panel's final decision resulting from a hearing in accordance with Section 8.20.070, the board shall have the authority to order the County Weed Coordinator to eradicate or manage such noxious weeds, either by and through County forces, contract, or otherwise. If the owner fails to pay the costs of such eradication or management within thirty (30) days of the County billing for such eradication or management, the whole costs thereof, including five (5) percent for inspection and incidental costs in connection therewith, shall be assessed upon the property from which such noxious weeds have been eradicated or on which such noxious weeds are being managed. Any assessment pursuant to this subsection shall be a lien against such property until paid and shall have priority over all other liens except general taxes and prior special assessments.

B.   In case the assessment prescribed above in subsection (A) is not paid within ninety (90) days from the date of billing for such eradication or management of such noxious weeds by Pueblo County, such assessment may be certified by the Clerk and Recorder to the Treasurer, who shall collect such assessment, together with a ten (10) percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of the State of Colorado for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall govern and apply to the collection of assessments pursuant to this subsection.

C.     The County shall not assess the cost of providing for or compelling the management of noxious weeds on private property until the level of management called for in the Notice and Order issued pursuant to Section 8.20.060, or the management plan developed by the arbitration panel has been successfully achieved. (Ord. 15 § 8)

8.20.090 Administrative entry and seizure warrant.

A.     No entry upon private property for the purpose of eradication or management of the noxious weeds shall be made until an administrative entry and seizure warrant has been obtained from the Pueblo County Court or another court of competent jurisdiction.

B.   A sworn or affirmed affidavit shall be prepared and submitted, along with photographs and/or supporting documents, to the court. Said documents shall include a copy of the Notice and Order issued to the owner, a copy of the signed return receipt on the certified mail, or other proof of service, and a copy of the arbitration panel’s decision directing the eradication or management of the noxious weeds, if applicable. Said affidavit shall establish the factual information necessary for the issuance of a warrant, including a reasonably specific description of the location of the property, a description or depiction of the noxious weed infestation, and the method to be employed for accomplishing eradication or management of the noxious weeds.

C.     Notice of the warrant shall be served in accordance with the directions of the issuing court and shall be served within ten (10) days following the court's issuance of the warrant. A copy of the issued warrant shall be personally served or mailed via certified U.S. mail, return receipt requested, to the landowner and occupant. Proof of service of the warrant or a copy of the signed return receipt on the certified mail shall be submitted to the issuing court.

D.     In the event that the landowner or occupant fails to comply with the terms of the original Notice and Order, issued pursuant to Section 6 above, or with the plan developed by the arbitration panel within ten (10) days of service or mailing of the warrant, then such warrant may be executed in accordance with the directions of the issuing court. Proof of the execution of the warrant shall be submitted to the issuing court and a copy thereof served or mailed to the landowner and occupant, in the same manner as provided for in subsection (C) of this section.

E.    Upon completion of the matter, the County Weed Coordinator shall inspect the property in the same manner provided for in Section 8.20.060 (B) through (D) and provide a comprehensive written report to the Board on its findings, no later than thirty (30) days following the completion of the work to eradicate or manage the noxious weed infestation. This report shall include a detailed itemization of all costs included and/or incurred in relation to carrying out the provisions of this chapter. (Ord. 15 § 9)

8.20.100 Funds collected.

All assessments, fees, penalties, fines, and other costs connected with any violation of this chapter, and all monies collected by, or on behalf of, Pueblo County pursuant to this chapter shall be paid over to the Pueblo County Treasurer immediately upon receipt thereof by the individual or entity receiving such monies. Upon receipt of such monies, the Treasurer shall deposit the same into the Pueblo County Weed Fund or any similar fund. (Ord. 15 § 10)

8.20.110 Enforcement.

A. The prescribed sections of this Ordinance shall be administered and enforced by the Pueblo County Weed Coordinator, subject to the direction of the Board.

B.  The Board hereby designates the County Attorney, or his/her designee, as the County's legal representative in the enforcement of the provisions of this Ordinance in any court of applicable jurisdiction. In the event the County Attorney or his/her designee cannot represent Pueblo County or the Board deems it otherwise appropriate, the Board may appoint the District Attorney of the 10th Judicial District to perform such legal enforcement duties in lieu of the County Attorney. (Ord. 15 § 11)

8.20.120 Additional remedies.

The remedies provided in this Ordinance shall be cumulative and in addition to any other remedies which may be available to the County and its Board. Nothing contained herein shall be construed to preclude the Board from seeking such other remedies in addition to, or in lieu of, the remedies granted herein. (Ord. 15 § 12)

8.20.130 Safety clause.

The Board hereby finds, determines and declares that this chapter is necessary for the health, safety, and welfare of the citizens of Pueblo County, Colorado.. (Ord. 15 § 13)

8.22.010 Unlawful Acts.

It shall be unlawful for any person to openly carry any firearm or deadly weapon within any building or on any property owned or leased by Pueblo County. (Res. 04-55 § 1)

8.22.020. Posting of signs.

All County Elected Officials and Department Directors or any other person who has administrative or supervisory authority over any building or specific area owned or leased by the County, shall post signs at the public entrances to each building owned or leased by the County, and in a conspicuous place upon property owned or leased by the County, informing the public that the open carrying of firearms, handguns and dangerous weapons is prohibited. (Res. 04-55 § 2)

8.22.030 Not applicable.

This chapter shall not apply to peace officers and shall not be deemed to effect or impair in any way the authority of any public or private property owner other than Pueblo County to prohibit the carrying of firearms into or upon other public or private property. (Res. 04-55)

8.22.040 Definition.

For the purpose of this chapter, firearm and deadly weapons shall have the same meaning as set forth in Section 18-1-901 (1) (e) and (h), C.R.S. (Res. 04-55)

8.22.050 Penalty.

Any person who violates section 8.22.010 of this chapter commits a class 3 misdemeanor and shall be subject to the penalties and surcharges described in Section 18-1.3-501 (1), C.R.S. (Res. 04-55)

8.24.010 Title.

This ordinance shall be known and referred to as the “Pueblo County Open Fire and Open Burning Restriction Ordinance,” and may be cited and referenced as such. (Ord. 2017-25  § 1)

8.24.020 Purpose.

The purpose of this Ordinance is to preserve and protect the public health, safety and welfare of the citizens of Pueblo, Colorado, by restricting open fires and open burning in the unincorporated areas of Pueblo County in order to prevent forest and prairie fires given the high danger of such fires as a result of atmospheric conditions, including lack of moisture and other local conditions in Pueblo County. (Ord. 2017-25  § 2)

8.24.030 Authority.

This Ordinance is authorized by, inter alia, generally, part 1 of article 11 of title 30, and part 4 of article 15 of title 30, and specifically, part 4 of article 15 of title 30 at C.R.S. § 401(1)(n.5). (Ord. 2017-25  § 3)

8.24.040 Interpretation.

This Ordinance shall be so interpreted and construed as to effectuate its general purpose to preserve and protect the public health, safety and welfare of the citizens of Pueblo County, Colorado, by restricting open fires and open burning in the unincorporated areas of Pueblo County in order to prevent forest and prairie fires given the high danger of such fires in Pueblo County. Section headings and any cross references, if any, of this Ordinance shall not be deemed to govern, limit, modify or affect in any manner the scope, meaning or extent of the provisions of this Ordinance or any section thereof. (Ord. 2017-25  § 4)

8.24.050 Application.

This Ordinance shall apply throughout the unincorporated areas of Pueblo County, including public, private, state and federal lands and to any incorporated town or city which elects by ordinance or resolution to have the provisions thereof apply. (Ord. 2017-25  § 5)

8.24.060 Definitions.

Open fire or Open burning: For purposes of this Ordinance, open fires or open burning shall be defined as any outdoor fire, including, but not limited to, bonfires, campfires, warming fires, charcoal grill fires, fires in wood-burning stoves, the use of explosives, outdoor welding or operating acetylene or other torch with open flame other than in an area cleared of all flammable materials, fireworks of all kinds or brands, burn barrels, and the prescribed burning of irrigation or drainage ditches, fence lines or rows, fields, farmlands, rangelands, wild lands, trash and debris.

Fireworks: As defined in C.R.S. § 12-28-101(3)(a), including any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, and that meets the definition of articles pyrotechnic, permissible fireworks (per Section 12-28-101(8)(a)), or display fireworks.

Fire Restriction Evaluation Guidelines: That set of evaluation criteria currently in use by local Federal, State and local fire suppression/management agencies for monitoring fuel moistures, fire danger class, current impacts on suppression resources, current fire cause types, fire weather forecasts, and other indicators of predicted fire danger.

STAGE 1 RESTRICTIONS : Prohibits the following activities:

1. Open burning, excepting fires and campfires within permanently constructed fire grates in developed campgrounds and picnic grounds, charcoal grills and wood burning stoves at private residences in areas cleared of all flammable materials, and those other exceptions/exemptions as noted in Section 8.
2. The sale or use of fireworks (as defined in Section 6) pursuant to C.R.S. § 30-15-401(1)(n.5).
3. Outdoor smoking except within an enclosed vehicle or building, a developed recreation site or while stopped in an area at least three feet in diameter that is barren or cleared of all flammable materials.

STAGE 2 RESTRICTIONS : Prohibits the following activities:

1. All open burning as defined other than those exceptions/exemptions as noted in Section 8.
2. The sale or use of fireworks (as defined in Section 6) pursuant to C.R.S. § 30-15-401(1)(n.7).
3. Outdoor smoking except within an enclosed vehicle or building.
4. Operating or using any internal combustion engine is not permitted on public lands without a spark arresting device properly installed, maintained and in effective working order meeting either:
a. Department of Agriculture, Forest Service Standard 5100-1a; or
b. Appropriate Society of Automotive Engineers (SAE) recommended practice J335(b) and J350(a).
5. Welding, or operating acetylene or other similar torch with open flame unless said work is performed in an area at least thirty (30) feet in diameter that is clear of flammable vegetation and unless the worker has ready access to a fire extinguisher or water supply suitable to suppress any fire that results from the welding operation.
(Ord. 2017-25  § 6)

8.24.070 No Open Burning When Red Flag Warning is in Effect.

No person shall initiate or continue an open fire in unincorporated areas of Pueblo County on a day identified by the National Weather Service as a “red flag warning” period in any part of unincorporated areas of Pueblo County which are located both outside of and within fire protection district boundaries; any existing burn projects must be extinguished under “red flag warning” restrictions.  Stage 2 Restrictions shall be in place during red flag warning periods and open fire or burning during a red flag warning period shall be treated as a violation of Stage 2 burn restrictions as noted in Section 6. of this Ordinance. (Ord. 2017-25  § 7)

8.24.080 Unlawful Acts.

It shall be unlawful for any person to build, maintain, attend or use an open fire or conduct an open burn in the unincorporated areas of Pueblo County, including public, private, state and federal lands and to any incorporated town or city which elects by ordinance or resolution to have the provisions thereof apply. (Ord. 2017-25  § 8)

8.24.090 Exceptions/Exemptions.

The following shall not be in violation of Section 8:
A. Commercial or community fireworks displays properly permitted.
 

B. The following are exempt from this Ordinance:
1. Fires contained within liquid-fueled or gas-fueled stoves
2. Indoor fireplaces and wood-burning stoves
3. Outdoor charcoal grills and wood-burning stoves during Stage 1 Restrictions providing they are at private residences and in an area cleared of all flammable materials including dry vegetation.
 

C. The burning of irrigation ditches in the designated areas is prohibited by this Ordinance EXCEPT for ditches located within and completely surrounded by irrigated farmlands where such burning is necessary for crop survival and a specific written permit has been granted by the Pueblo County Sheriff, his or her designee, or the Fire Chief of any Fire Protection District for all areas within the official boundaries of their jurisdiction. Prior to such excepted ditch burning, notice must be given from the Sheriff, Sheriff’s designee, or Fire Chief if in an official fire protection area, to the Pueblo County Sheriff’s Office Communication Center of said burning.

D. Persons with a permit specifically authorizing the otherwise prohibited act or omission.

E. Any federal, state or local law enforcement officer or member of an organized rescue or firefighting agency in the performance of an official duty.

F. Any further exemptions to either the meaning of terms or the enforcement of this Ordinance shall be granted only by the Sheriff or the Sheriff’s designee, or for exemptions upon or within state or federal lands located within Pueblo County, by the administering state or federal agency, and only if the proposed action is deemed by the Pueblo County Sheriff, or the Sheriff’s designee, to be safe and mitigable. (Ord. 2017-25  § 9)

8.24.100 Declaration of An Open Fire Ban.

The Pueblo County Board of County Commissioners or the Pueblo County Sheriff, or his designee Deputy Fire Warden, shall have the authority to declare an open fire ban whenever the danger of forest and grass fires is found to be high, and without further proceedings or resolution. Any declaration of an open fire ban made pursuant to this section shall specify the Stage level restriction, the parameters of the ban and the duration of the ban as deemed necessary and appropriate, and shall be promptly published through a general press release to local television, radios and print media, as well as posting on the Pueblo County internet website. Likewise, when conditions indicate a reduction or increase in restrictions, or the suspension or release of restrictions, the same notification to the public shall occur. (Ord. 2017-25  § 10)

8.24.110 Enforcement.

This Ordinance shall be enforced by the Sheriff, through his Deputies, the Fire Chief of any fire protection district or his designee, the administering agencies of the state and federal lands located therein, or Fire Chief or his designee of any incorporated city or town who adopts this Ordinance, and any peace officer in and for the State of Colorado as described in C.R.S. § 16-2.5-101, and they shall have authority to order any person to immediately cease any violation of this Ordinance. This authority shall include, but not be limited to, the right to issue a penalty assessment notice and the right to take such person or persons into temporary custody. (Ord. 2017-25  § 11)

8.24.120 Violations.

A. Any person who violates this Ordinance from the effective date to and including the day prior to suspension or rescission of this Ordinance, commits a Class 2 Petty Offense under C.R.S. § 30-15-402(1) and, upon conviction or confession of guilt thereof, shall be punished by a fine of not more than one-thousand dollars ($1,000.00) for each separate offense plus a surcharge of ten dollars ($10.00), under C.R.S. § 30-15-402(2). Fines are to be set by the County Court, unless the violator wished to confess guilt and pursuant to the penalty assessment procedure within twenty (20) days of issuance of the ticket, pay the fine indicated plus the ten dollar ($10.00) surcharge.

B. Each violation of this Ordinance shall be deemed separate and distinct from any other violation of this Ordinance or of any other federal, state, or local law rule, order or regulation.

C. Criminal prosecution may be brought against a violator in accordance with C.R.S. §§ 30-15-402 and 30-15-410, and under the penalty assessment procedure provided in C.R.S. §16-2-201. The Sheriff’s Office is authorized to devise a ticketing system in conformance with C.R.S. § 16-2-201.

D. The penalty assessment procedure provided in C.R.S. § 16-2-201 may be followed by any arresting law enforcement officer for any such violation. The graduated fine schedule for such penalty assessment procedure shall be:

1. Two Hundred and Fifty Dollars ($250.00) for the first offense;
2. Five Hundred Dollars ($500.00) for the second offense within sixty (60) days of the first offense;
3. Seven Hundred and Fifty Dollars ($750.00) for the third offense within sixty (60) days of the first offense;
4. One Thousand Dollars ($1,000.00) for each additional offense within sixty (60) days of the first offense.
5. In addition to the penalty prescribed in this Ordinance, persons convicted of a violation of this Ordinance are subject to a surcharge of ten dollars ($10.00). (Ord. 2017-25  § 12)

8.24.130 Disposition of Fines.

All fines paid for the violation of this Ordinance shall be in negotiable funds made payable to Pueblo County and submitted to the Pueblo County Treasurer’s Office, 215 West 10th Street, Pueblo, CO 81003. All fines for the violation of this Ordinance received by the County shall be remitted to the Pueblo County Treasurer and deposited into the general fund. All surcharge dollars shall be paid by the defendant to the Clerk of the Court and credited to the Victims and Witnesses Assistance and Law Enforcement Fund of the Tenth Judicial District of the State of Colorado pursuant to C.R.S. § 30-15-402(2)(a). The defendant shall also pay court costs. (Ord. 2017-25  § 13)

8.24.140 Additional Remedies.

The remedies provided in this Ordinance shall be cumulative and in addition to any other federal, state or local remedies, criminal or civil, which may be available. Nothing contained herein shall be construed to preclude prosecution under any applicable statute, including but not limited to, prosecution under C.R.S. § 18-13-109, or any applicable local, state or federal statute, ordinance, rule, order or regulation. (Ord. 2017-25  § 14)

8.24.150 Safety Clause.

The Board hereby finds, determines and declares that this Ordinance is necessary for the immediate preservation and protection of the health, safety and welfare of the citizens of Pueblo County, Colorado. (Ord. 2017-25  § 15)

8.24.160 Effective Date.

A. This Ordinance placing a restriction on all open fires and open burning within the unincorporated areas of Pueblo County shall be effective immediately and remain in effect until such time as this Ordinance is amended by the Board, or enforcement is temporarily suspended by the Board, Sheriff or his designee.

B. The Board further orders that this Ordinance be published in full in the Pueblo County Chieftain as an excepted Ordinance necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pueblo County. As an excepted Ordinance, a second reading and subsequent publication by reference to title only are not required. (Ord. 2017-25  § 16)

8.24.170 Severability.

Should any section, subsection, clause, sentence or phrase of this Ordinance be adjudged by any court of competent jurisdiction to be invalid, such invalidity shall not affect, impair or invalidate the other provisions of this Ordinance which can be given effect without such invalid provision. (Ord. 2017-25  § 17)

8.24.180 Repeal of Conflicting Provisions.

All former County ordinances, resolutions, rules or regulations, or parts thereof, in conflict with this Ordinance are hereby repealed. (Ord. 2017-25  § 18)

8.26.010 Title.

This Ordinance shall be titled Pueblo County Illicit Discharges and Stormwater Quality Ordinance.

(Ord. 2020-28)

8.26.020 Authorization.

C.R.S. § 30-15-401, et seq., enables counties to adopt ordinances for the control or licensing of those matters of purely local concern, and to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease.

C.R.S. § 30-15-401(11)(a)(I), specifically authorizes counties that have been issued Municipal Separate Storm Sewer System Permits (MS4 permits) pursuant to Part 5 of Article 8 of Title 25, C.R.S., to adopt a stormwater ordinance to develop, implement, and enforce the stormwater management program required by the permit.

C.R.S. § 30-15-401 (11)(a)(ii)(A), authorizes counties to provide for and compel the abatement of any condition that causes or contributes to a violation of a MS4 permit or requirement from any property located within the unincorporated portion of a county at such time, upon such notice, and in such manner consistent with the terms of the MS4 permit as the Board of County Commissioners may prescribe by ordinance. (Ord. 2020-28)

8.26.030 Purpose and Intent.

Pueblo County has a Municipal Separate Storm Sewer System permit (MS4 Permit) issued by the Colorado Department of Public Health and Environment Water Quality Control Division (Division). As a condition of this permit, the Division requires that Pueblo County implement and enforce a regulatory mechanism to regulate non-stormwater discharges and pollutants into storm drainage systems in those portions of unincorporated Pueblo County covered by the MS4 Permit. A map of the area covered by the Permit shall be on file and available for review in the offices of the Pueblo County Department of Public Works (Public Works Department).

The purpose of this Chapter is to comply with the Division’s condition of permit issuance to Pueblo County and to provide for the health, safety, and general welfare of the citizens and residents of Pueblo County, Colorado by detecting and eliminating to the maximum extent practicable non-stormwater discharges and pollutants into storm drainage systems in unincorporated Pueblo County.

The overall objectives of this Chapter are:

A.   To regulate the contribution of pollutants to the Pueblo County MS4 by stormwater discharges by any user;

B.   To minimize increases in stormwater runoff from any development in order to reduce flooding, siltation, and streambank erosion, and maintain the integrity of stream channels;

C. To minimize increases in nonpoint source pollution caused by stormwater runoff from development which would otherwise degrade local water quality;

D. To ensure MS4 Permit requirements for applicable construction and post-construction activities are met, including enforcement for violations of applicable construction or post-construction requirements;

E.   To regulate and prohibit illicit discharges and non-stormwater discharges to Pueblo County’s MS4, including sanctions against entities responsible for illicit discharges;

F.   To have a procedure to request access to property(ies), as necessary, to implement the illicit discharge procedures, including judicial action;

G.  To provide legal access for Pueblo County to cease or require to be ceased and removed, or to require and ensure the removal of, and impose penalties for, all illicit discharges for a period from when the illicit discharge is identified until removed; and

H.  To promote public awareness of the hazards involved in the improper discharge of pollutants into the Pueblo County MS4. (Ord. 2020-28)

8.26.040 Applicability.

This Chapter shall apply in those portions of the unincorporated area of Pueblo County as defined in the MS4 Permit boundary issued by the Division. (Ord. 2020-28)

8.26.050 Definitions.

For the purposes of this Chapter, the following shall mean:

Applicable Development Site: Sites that result in land disturbance of greater than or equal to one acre, including sites less than one acre that are part of a larger common plan of development or sale, unless excluded under Section 8.26.110.C (Post-construction).

Applicable Construction Activities. Construction activities that result in a land disturbance of greater than or equal to one acre or that is less than one acre, but is part of a larger common plan of development or sale that would disturb, or has disturbed since March 2, 2001, one acre or more unless the construction activity is excluded (Section 8.26.100.C) or the disturbed areas have been finally stabilized.

Authorized Enforcement Agency: The Public Works Department and designated employees of such Department, as well as the Pueblo City/County Health Department for purposes of Sections 8.26.070, 8.26.120, and 8.26.140.

Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.), and any subsequent amendments thereto.

Common Plan of Development or Sale: A contiguous area where multiple separate and distinct construction activities may be taking place at different times, on different schedules, but remain related by a common contract or plan. Contiguous means activities located in close proximity to each other (less than ¼ mile). Examples may include but are not limited to subdivisions; master drainage plans and phased construction.

Construction Activity: Activities subject to NPDES Construction Stormwater Permits, in Colorado typically covered under the Colorado Discharge Permit System (CDPS). These include construction projects resulting in a land disturbance area greater than or equal to one acre or part of a larger common plan of development or sale that would disturb one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, staging, excavating, and demolition.

Control Measures: A best management practice or other method used to prevent or reduce the discharge of pollutants to waters of the State. Control measures include, but are not limited to, best management practices. Control measures can include other methods such as the installation, operation and maintenance of structure controls and treatment devices. This definition includes all best management practices listed in Urban Drainage Flood Control District (a/k/a Mile High Flood District) Volume I, II, and III in which runoff and floodwater flows, either regularly or infrequently.

Director: The Director of the Public Works Department.

Final Stabilization: The condition reached when all ground surface disturbing activities at the site have been completed, and for all areas of ground surface disturbing activities a uniform vegetative cover has been established with an individual plant density of at least seventy percent (70%) of pre-disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed.

Hazardous Materials: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Illegal Discharge: Any direct or indirect non-stormwater discharge into a MS4 that is not composed entirely of stormwater, except discharges exempted in Section 8.26.070.E of this Chapter or excluded from the definition of Non-Stormwater Discharge.

Illicit Connections: (1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drainage system including but not limited to any conveyances which allow any non-stormwater discharge to enter the storm drainage system and any connections to the storm drainage system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency OR (2) Any drain or conveyance connected from a commercial or industrial land use to the storm drainage system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

Industrial Activity: Any activities subject to NPDES Industrial Stormwater Permits.

Municipal Separate Storm Sewer System (MS4): Publicly owned facilities by which stormwater is collected and conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, catch basins, inlets, piped storm drains, pumping facilities, retention and detention basins, and natural and human made or altered drainage ditches/channels/lakes/reservoirs, and other drainage structures.

National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit: A permit issued by the Environmental Protection Agency (EPA) or by the State of Colorado under authority delegated pursuant to 33 USC § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. For most stormwater discharges in Colorado (except federal facilities and Tribal Lands), this permit is regulated under the CDPS General permit for Stormwater Discharges Associated with Construction Activities (CDPS-SCP).

Non-Stormwater Discharge: Any discharge to a storm drainage system that is not composed entirely of stormwater except as specifically allowed herein, and unless exempted pursuant to Section 8.26.070.E. Non-stormwater discharges may include, but are not limited to: soil sediments from erosion of soils at construction sites; excessive nutrients such as nitrates and phosphates; paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

Person: Any individual, association, organization, partnership, firm, corporation, business or other entity recognized by law.

Pollutant: Dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal or agricultural waste.

Pollution: Man-made or man-induced, or natural alteration of the physical, chemical, biological, and radiological integrity of water.

Post-Construction or Permanent Stormwater Control Measures (PSCM): Control measures required for applicable development sites unless exempted under Section 8.26.110.C.

Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

Public Health Officer: Any employee of the Pueblo City/County Health Department responsible for public health and environment including illicit discharges.

Pueblo County Stormwater Construction Permit (PC-SCP): The permit Pueblo County issues to applicable construction activities.

Storm Drainage System: Facilities in unincorporated Pueblo County by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. Storm Drainage System is synonymous with the term municipal separate storm sewer system or MS4.

Stormwater: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation, including snowmelt.

Stormwater Management Plan: A document which describes the control measures and activities to be implemented by a user or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, or receiving waters to the maximum extent practicable.

Wastewater: Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

Watercourse: A channel, natural depression, slough, artificial channel, gulch, arroyo, stream, creek, pond, reservoir or lake, including major drainage ways, in which stormwater and flood water flows either regularly or infrequently.

Waters of the State: Any and all surface and subsurface waters which are contained in or flow in or through the State of Colorado, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use and treatment until use and treatment have been completed. (Ord. 2020-28)

8.26.060 Responsibility for Administration.

The authorized enforcement agencies shall coordinate the administration and thereafter the implementation and enforcement of the provisions of this Chapter.  The Public Works Department shall have on staff a stormwater coordinator who shall be primarily responsible for the implementation of this Chapter and who shall have the authority to direct other agencies within Pueblo County government concerning the implementation of this Chapter.  The Public Health Officer shall report any violations of Section 8.26.070 to the stormwater coordinator or the Director. (Ord. 2020-28)

8.26.070 Discharge Prohibitions.

A.   Prohibition of Illegal Discharges.

(1) No person shall discharge or cause to be discharged non-stormwater into a storm drainage system or watercourses.

(2) No person shall dump or deposit any non-stormwater onto public or private premises when such dumping or deposit results in an illegal discharge to a storm drainage system.

(3) As soon as any person who owns, occupies, operates or is otherwise responsible for a premises, or is responsible for the emergency response for such premises, has information of any known or suspected release of a non-stormwater or hazardous material discharge to the Pueblo County MS4, said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release.

B.   Prohibition of Illicit Connections.

(1) No person shall construct, use, maintain or continue the existence of illicit connections to a storm drainage system.

(2) No person shall connect a line conveying sewage to a storm drainage system or allow such a connection to continue.

(3) These prohibitions expressly include, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

C. Suspension of Non-Stormwater and Illicit Discharges.

(1) The Director or the Public Health Officer may, without prior notice, suspend storm sewer system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the Pueblo County storm sewer system or the waters of the United States.

(2) If the violator fails to comply with a suspension order issued in an emergency, the Director or the Public Health Officer may take such steps as deemed necessary to prevent or minimize damage to the Pueblo County storm sewer system or the waters of the United States or to minimize danger to persons.

(3) Any person discharging to the storm sewer system in violation of this Chapter may have his or her storm sewer system access terminated. Except in the case of an emergency, the Director or the Public Health Officer shall give prior written notification to a violator of the proposed termination of the violator's storm sewer system access. The violator may appeal the action taken by the Director or the Public Health Officer pursuant to the provisions of Section 8.26.150.D.

(4) A person commits an offense if the person reinstates storm sewer system access to premises after termination pursuant to this Chapter, without the prior written approval of the Director or the Public Health Officer.

D. Waste Disposal Prohibitions.

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the Pueblo County storm sewer system, or waters of the United States, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purpose of collection are exempted from this prohibition.

E.   Exemptions.

The following discharges, when properly managed, are exempt from the discharge prohibitions established by this Section:

(1)     Landscape irrigation

(2)     Lawn watering

(3)     Diverted stream flows

(4)     Irrigation return flow

(5)     Rising ground waters

(6)     Uncontaminated groundwater infiltration

(7)     Uncontaminated pumped groundwater.  Discharges containing groundwater that comes into contact with construction activity is not considered “uncontaminated” due to the potential for sediment content.

(8)     Springs

(9)     Flows from riparian habitats and wetlands

(10)   Water line flushing in accordance with the Division’s Low Risk Policy Discharge Guidance: Potable Water

(11)   Discharges from potable water sources in accordance with the Division’s Low Risk Discharge Guidance.  The potable water shall not be used in any additional process. Processes include, but are not limited to, any type of washing, heat exchange, manufacturing, and hydrostatic testing of pipelines not associated with treated water distribution systems.

(12)   Foundation drains

(13)   Air conditioning condensation

(14)   Water from crawl space pumps

(15)   Footing drains

(16)   Individual residential car washing

(17)   Dechlorinated swimming pool discharges in accordance with the Division’s Low Risk Discharge Guidance: Swimming Pools

(18)   Water incidental to street sweeping (including associated sidewalks and medians) and that is not associated with construction

(19)   Dye testing in accordance with the manufacturer’s recommendations

(20)   Stormwater runoff with incidental pollutants

(21)   Discharges resulting from emergency fire-fighting activities

(22)   Discharges authorized by a CDPS or NPDES permit

(23)   Agricultural stormwater runoff

(24)      Discharges that are in accordance with CDHPE Water Quality Control Division’s Low Risk Policy guidance documents or other Division policies and guidance documents where the Division has stated that it will not pursue permit coverage or enforcement for specified point source discharges. (Ord. 2020-28)

8.26.080 Industrial or Construction Activity Discharges.

Any person issued an NPDES Industrial Stormwater Permit or issued an NPDES Construction Stormwater Permit shall comply with all provisions of such permit. Proof of compliance with such permits may be required in a form acceptable to the authorized enforcement agency prior to allowing non-stormwater discharges to a storm drainage system. Failure to comply with the provisions of such permits is a violation of this Chapter. (Ord. 2020-28)

8.26.090 Pre-Construction Requirements.

A.   Purpose. The purpose of this Section is to require the submittal and acceptance of specific documentation prior to any land-disturbing activities to ensure construction activity and post-construction requirements of the MS4 Permit are met. This Section applies to all land-disturbing activities commencing after July 1, 2019.

B.   Pre-construction requirements. The following documents are required to be submitted and accepted by the Public Works Department prior to any construction activity that will disturb greater than or equal to one acre of land. Applicable construction activities include the total disturbed area from a common plan of development or sale. The Public Works Department shall determine whether a permit for construction or a development site is required and procedures and documentation necessary for permittees to comply with MS4 Permit requirements. Documentation includes:

(1) Pueblo County Stormwater Construction Permit (PC-SCP). Within the designated Pueblo County MS4 area, it shall be unlawful for any person to conduct any activity resulting in, or contributing to, a total disturbed area of greater than or equal to one acre without first obtaining a PC-SCP from the Public Works Department. A PC-SCP permit is also required for sites less than one acre but are part of a larger common plan of development or sale.

(2) CDPS stormwater construction permit (CDPS-SCP) or R-factor waiver (if not otherwise excluded). CDPS-SCP permit coverage shall be obtained prior to the start of land disturbing activities. Alternatively, an R-factor waiver granted by the Division may be utilized in lieu of obtaining CDPS-SCP permit coverage. Proof of CDPS-SCP permit certification or waiver shall be required prior to PC-SCP issuance by Public Works as well as providing information required for any claimed exclusion.

(3) Stormwater Management Plan (SWMP). In accordance with the CDPS-SCP, a SWMP shall be developed prior to land disturbing activities and located onsite until final stabilization, available for staff review upon request by county, state or federal agencies. The SWMP must be prepared in accordance with good engineering, hydrologic and pollution control practices and include the installation and implementation of control measures from initial earth work through to final stabilization. The SWMP may also need to include other relevant plans such as grading and construction drawings. At a minimum the following must be included in the SWMP:

(a) A project description that includes the location and extents of the project, a summary of the construction to be completed and the end product.

(b) Control measures to be installed on a temporary basis as necessary to control stormwater discharges from the construction site before and during construction until final stabilization. This includes a narrative describing nonstructural control measures such as construction site phasing (e.g., phasing of the project so that existing vegetation can be protected until it has to be disturbed, seeding or restoring areas after area is completed while other areas are being worked, etc.).

(c) Existing Soils and vegetation.

(d) Potential pollutant sources. Control measures must be selected, designed, installed, implemented and maintained to provide control of all potential pollutants, such as but not limited to sediment, construction site waste, trash, discarded building materials, concrete truck washout, chemicals, sanitary waste and contaminated soils in discharges to the Pueblo County MS4. At a minimum pollutant sources associated with the following activities (if part of the applicable construction activity) must be addressed in the SWMP in addition to those activities required by the Pueblo County checklist included as part of the PC-SCP submittal:

• Land disturbance and storage of soils;
• Vehicle tracking;
• Loading and unloading operations;
• Outdoor storage of construction site materials, building materials, fertilizers and chemicals;
• Bulk storage of materials;
• Vehicle and equipment maintenance and fueling;
• Significant dust or particulate generating processes;
• Routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents and oils;
• Concrete truck and equipment washing;
• Dedicated asphalt and concrete batch plants;
• Other areas where spills can occur; and
• Other non-stormwater discharges including construction dewatering not covered under the CDPS construction dewatering permit and wash water not covered above.

(e)  Materials Handling

(f)  Stream Crossings, if applicable

(g)  Allowable non-stormwater discharges

(h)  Spill Prevention and response

(i)   Final stabilization

(j)   Site Plans (See subsection (4) below for minimum requirements)

(4) MS4 site plans. In accordance with the MS4 Permit, the following documents, collectively referred to as "MS4 Site Plans", shall be reviewed and accepted by the Public Works Department prior to land-disturbing activity. Significant modifications made after acceptance shall be submitted to the Public Works Department for approval. Site plans are considered to be part of the SWMP. At a minimum the following must be included in the Site Plan in addition to the information required by the Pueblo County checklist included as part of the PC-SCP submittal:

(a)  Cover sheet with project information

(b)  Initial, Interim and Final Grading Erosion and Sediment Control (GESC) Plans. (Linear utilities may request a variance to only supply initial and final GESC Plans.)

(c)  Existing topography and flow arrows

(d)  Limits of construction

(e)  Limits of disturbance

(f)  Stockpile and staging areas

(g)  Temporary haul routes

(h)  Stream crossings

(i)   Protection of pre-existing vegetation or equivalent controls within fifty (50) feet of a receiving water if feasible.

(j)   Control measures (structural and non-structural)

(k)  Final permanent stabilization plans should show areas of hard scaping, seeding, landscaping or other soft restoration.

Site plans must locate and identify all structural and non-structural control measures for the applicable construction activities. These plans will include installation and implementation specifications or reference the document with installation and implementation specifications for all control measures. 

(5) SWMP Checklist. A Pueblo County SWMP checklist must be submitted as part of the PC-SCP submittal.

(6) Drainage Report, if applicable to the type of construction being conducted. Drainage reports must identify the following minimal components: site drainage; design details for permanent control measures; narratives for non-structural control measures, if applicable; and corresponding calculations used in determining compliance with the "Base Design Standards" of the MS4 Permit. “Base Design Standards” are specified in Section 8.26.110.B(1)(a).

(7) Permanent Stormwater Control Measure Checklist and Designs if applicable to the project including but not limited to the following:

(a)  Drainage and access easements; identifying all easements or other legal means used to convey drainage to permanent control measures and easements or other legal means used to access permanent control measures for operations, maintenance and inspections.

(b)  Long-term operation and maintenance plan; identifying the long-term observation, maintenance and operation of permanent control measures. The plan shall also include frequencies of routine inspections and maintenance activities.

(8) Additional documents to comply with MS4 Permit requirements; which shall be determined by the Public Works Department on a case-by-case basis.

C. Technical Standards and Specifications will follow Urban Drainage and Flood Control District's Urban Storm Drainage Criteria Manual, Volume 3 or CDOT Road and Bridge Specifications, current editions.

D.  Enforcement. Failure to comply with this Section is a violation of this Article and enforcement procedures shall be pursued as detailed in Section 8.26.150. (Ord. 2020-28)

8.26.100 Construction Activity.

A. Purpose. The purpose of this Section is to require the implementation of temporary control measures during land-disturbing activities to ensure construction activity requirements of the MS4 Permit are met. All control measures shall be selected, installed, implemented and maintained in accordance with good engineering, hydrologic and pollution control practices, and shall meet the drainage, erosion, and stormwater quality requirements of Section 17.76.010, Section 17.76.030, and Section 17.76.060. This Section applies to all land-disturbing activities commencing after July 1, 2019.

B. Construction activity requirements. The following requirements are applicable to sites with construction activity that will disturb greater than or equal to one acre of land. Applicable land-disturbing activity includes the total disturbed area from a common plan of development or sale. The Public Works Department shall determine whether a permit for construction sites is required and procedures and documentation necessary for permittees to comply with MS4 Permit requirements.

(1) Temporary control measures. Temporary control measures shall be implemented, according to the accepted SWMP and associated Site Plans, and shall control all potential pollutants during each phase of construction until final stabilization is achieved. If modifications to the plans are necessary, the owner or operator shall submit the modification to the Public Works Department for acceptance. Structural control measures shall be maintained in operational condition. Corrective actions such as repairs and/or maintenance shall be performed immediately in most cases.

(2) Initial inspection of control measures. The Public Works Department MS4 inspector shall perform an initial inspection of the control measures prior to construction starting to ensure that they are installed pursuant to the approved design.

(3) Self-Inspection by Permittee. The project owner or representative shall inspect all control measures in accordance with the County requirements and CDPS-SCP. Inspections of control measures shall be conducted by a qualified stormwater manager.

(4) Maintenance. Control measures shall be continuously maintained in operating condition and repaired immediately when damaged and until the entire project has achieved final stabilization.

C. Exemptions. The following activities are exempt in addition to the exemptions in Section 8.26.070:

(1)  Agricultural land management activities, except point source discharges subject to National Pollutant Discharge Elimination System (NPDES) or CDPS -SCP permitting requirements, are exempt from the stormwater quality management plan and PC-SCP requirements.

(2)  Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility.

(3)  Emergency operations related to flood, fire, or other force majeure are not exempt but may obtain coverage after starting construction following the emergency repair timelines listed in the CDPS-SCP.

(4)  Colorado Department of Transportation (CDOT) construction within their right-of-way that will be covered by the CDOT construction program.

(5)  Activities covered by another NPDES program such as mining or other industrial permits. Although these activities are excluded from obtaining coverage under the County’s CSP, the County may request current permits and modifications demonstrating appropriate state coverage and documents demonstrating the sites have met the requirements for these permits.

(6)  Lands and activities where the County has no jurisdictional control. Any pollutant discharges to Pueblo County’s MS4 from areas where the County has no jurisdictional control remain subject to the County’s illicit discharge program.

D. Additional Exclusions: Sites that are not otherwise exempted may request a design exception using the following process. Design exceptions that cause non-compliance with Pueblo County’s MS4 Permit will not be allowed.

(1)  Sites that may request a design exception include, but are not limited to, utility projects such as those granted an R-Factor waiver by the Division in accordance with Colorado Regulation 61.3(2)(f)(ii)(B) as effective. R-Factor waivers tend to be for short-duration projects occurring in months with lower erosion potential (winter) that will be restored with hard surfaces such as linear projects that occur in the roadway.

 (2) Design exception requests are reviewed on a site-specific basis and are uncommon. If an exception is granted, the required information and correspondence with the project site owner or contractor will be documented in the Public Works Department files along with the following information: the site name, owner name, location, completion date, project disturbed acreage and reason for exclusion, and if using the R-Factor waiver a copy of the exception by the Division must be submitted to the County.

(3)  The Public Works Department reserves the right to require the submittal of necessary documents, such as an Erosion and Sediment Control Plan and SWMP, to prevent the discharge of pollutants to the Pueblo County MS4 on a case-by-case basis. Additionally, the R-factor waiver exemption for construction activity is not applicable to post-construction requirements.

D. Enforcement. Failure to comply with this Section is a violation of this Article and enforcement procedures shall be pursued as detailed in Section 8.26.150.(Ord. 2020-28)

8.26.110 Post Construction.

A. Purpose. The purpose of this Section is to require the implementation and maintenance of permanent control measures after applicable construction activity to ensure post-construction requirements of the MS4 Permit are met. All control measures shall be selected, installed, implemented and maintained in accordance with good engineering, hydrologic and pollution control practices and the owner must maintain the permanent stormwater control measures in perpetuity. This Section applies to all land-disturbing activities commencing after July 1, 2019.

B. Post-construction requirements. The following requirements are applicable to sites for which construction activity has created a disturbed area greater than or equal to one acre and sites which will have a cumulative disturbed area greater than or equal to one acre during future phasing. The requirements are applicable to individual sites as well as sites that are part of a larger common plan of development or sale. The Public Works Department shall determine whether a permit for construction or development sites is required and procedures and documentation necessary for permittees to comply with MS4 Permit requirements. Exemptions from this requirement are described in the CDPS General Permit for Stormwater Discharges Associated with Municipal Separate Storm Sewer Systems (CDPS MS4 Permit) and in Sections 8.26.070.E and 8.26.110.C.

(1) Permanent control measures.

(a)  Stormwater quality control measures shall be designed to meet one of the “base design standards” described in the MS4 Permit. These options include:

(i)      Water Quality Capture Volume (WQCV) Standard: The control measure(s) is designed to provide treatment and/or infiltration of the WQCV.  The WQCV shall be calculated following the procedures in the Urban Storm Drainage Criteria Manual, Volume 3.

(ii)     Pollutant Removal Standard: The control measure(s) is designed to treat at a minimum the 80th percentile storm event. The control measure(s) shall be designed to treat stormwater runoff in a manner expected to reduce the event mean concentration of total suspended solids (TSS) to a median value of 30 mg/L or less.

(iii)    Runoff Reduction Standard: The control measure(s) is designed to infiltrate into the ground where site geology permits, evaporate, or evapotranspire a quantity of water equal to sixty percent (60%) of what the calculated WQCV would be if all impervious area for the applicable development site discharged without infiltration.

(iv)    Applicable Development Site Draining to a Regional WQCV Control Measure: The regional WQCV control measure must be designed to accept the drainage from the applicable development site. Stormwater from the site must not discharge to a water of the state before being discharged to the regional WQCV control measure.

(v)     Applicable Development Site Draining to a Regional WQCV Facility: The regional WQCV facility is designed to accept drainage from the applicable development site. Stormwater from the site may discharge to a water of the state before being discharged to the regional WQCV facility. Before discharging to a water of the state, at least twenty percent (20%) of the upstream imperviousness of the applicable development site must be disconnected from the storm drainage system and drain through a receiving pervious area control measure comprising a footprint of at least ten percent (10%) of the upstream disconnected impervious area of the applicable development site. The control measure must be designed in accordance with a design manual identified by the permittee. In addition, the stream channel between the discharge point of the applicable development site and the regional WQCV facility must be stabilized.

(vi)    Constrained Redevelopment Sites Standard, as described in the CDPS MS4 Permit.

(vii)   Previous Permit Term standard, as described in the CDPS MS4 Permit.

Note: The CDPS MS4 Permit provides additional detail and conditions associated with these base standards that must be followed.

(b)  Site plans that include control measures for the applicable development sites must be submitted to Public Works Department for review and approval. Control measures must be fully operational in accordance with the approved site plan at the time of project completion.

(c)  As-built submittal. After installation of a permanent control measure is complete, a certified as-built drawing, signed and stamped by a licensed Professional Engineer in the State of Colorado, shall be submitted to the Public Works Department to be recorded.

(d)  Final inspection and acceptance. After receiving the as-built drawing, Pueblo County shall inspect the site to verify compliance with the Drainage Report, Drainage and Access Easements, Long-Term Operation and Maintenance Plan, and other submitted documentation. If the Public Works Department determines the site has met the requirements of this Section, the owner will be notified in writing of the acceptance within ten (10) business days.

(e)  Long-term operation and maintenance of stormwater quality control measures is required.

(f)  Permanent control measures implemented for compliance with this Section shall be located within the jurisdiction of Pueblo County and within the County’s MS4 permitted area until annexed by a municipality or included in a special district with a MS4 permit.

(2)  Change of ownership. Upon sale of the property, the obligations to maintain permanent control measures shall be a covenant running with the land in perpetuity for the benefit of Pueblo County.

(3)  Post-acceptance oversight, and inspections of permanent control measures. Inspections by the stormwater control measure owner should be conducted at least annually. The Public Works Department, as part of their oversight program, will perform compliance inspections at least every five (5) years, or an alternative frequency determined by the Public Works Department or by the Division in subsequent MS4 Permit revisions, to ensure adequate long-term operation and maintenance of permanent control measures. If the Pueblo County oversight inspector is unable to visually verify adequate functioning and maintenance of the permanent control measure, additional requirements may apply.

C. Exemptions.

(1) The MS4 Permit allows for specific exemptions to post-construction requirements. However, the Public Works Department shall review each exemption prior to use. Use of an exemption without prior approval by the Public Works Department is a violation of this Section.

(2) A list of allowable post-construction exemptions under the MS4 Permit include the following:

(a)  Pavement Management Sites – The acreage of the excluded impervious area for rehabilitation and reconstruction of pavement that are not maintenance sites.

(b)  Excluded Roadway Redevelopment – The acreage of the excluded impervious area.

(c)  Excluded Existing Roadway Areas for Roadway Redevelopment – The acreage of the excluded impervious area.

(d)  Non-Residential and Non-Commercial Infiltration Conditions – The acreage of the excluded impervious area.

(e)  Sites with Land Disturbance to Undeveloped Land that will Remain Undeveloped Redevelopment – The acreage of the excluded impervious area.

(f)  Stream Stabilization Sites Redevelopment – The acreage of the excluded impervious area.

(g)  Trails – The acreage of the excluded impervious area.

Note: Excluded sites must submit documentation demonstrating the exclusion and providing site name, owner name, location, completion date, site acreage, acreage of excluded impervious area, reason for exclusion, and any other information required by the Public Works Department Permanent Stormwater Control Measure Checklist.

D. Enforcement. Failure to comply with this Section is a violation of this Article and enforcement procedures shall be pursued as detailed in Section 8.26.150. (Ord. 2020-28)

8.26.120 Monitoring Discharges from Industrial and Construction Activities.

A. Access to Premises.

(1) The authorized enforcement agency shall be allowed to enter and inspect the premises of any person issued an NPDES or CDPS Industrial Stormwater Permit, a NPDES or CDPS-SCP, an PC-SCP issued by Pueblo County, premises with permanent post-construction control measures, and to enter premises to respond to illicit discharges and investigate possible noncompliance with this Chapter, and to enter such premises as often as may be necessary to determine compliance with this Chapter. If such person has security measures in force that require proper identification and clearance before entry into its premises, such person shall make the necessary arrangements to allow access to the authorized enforcement agency.

(2) The authorized enforcement agency shall be allowed ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of the NPDES or CDPS permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.

(3) Any temporary or permanent obstruction to safe and easy access to the premises to be inspected and/or sampled shall be promptly removed by the permittee at the written or oral request of the authorized enforcement agency and shall not be replaced. The costs of clearing such access shall be borne by the permittee or operator of an illicit discharge.

(4) Refusal to allow or unreasonable delays in allowing the authorized enforcement agency access to the premises for the purpose of conducting any activity authorized or required by this Chapter is a violation of this Chapter.

(5) If the authorized enforcement agency has been refused access to any part of the permittee’s or illicit discharge premises, the authorized enforcement agency may seek issuance of an administrative search warrant from any court of competent jurisdiction to gain access for the purpose of inspection or sampling as part of a routine inspection and sampling program designed to verify compliance with this section or any order issued pursuant to this Chapter. (Ord. 2020-28)

8.26.130 Watercourse Protection.

A. Every person owning, occupying or otherwise responsible for a premise through which a watercourse passes, shall keep and maintain that part of the watercourse within the premises free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse.

B. In addition, the owner, occupant or responsible person shall maintain existing, privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. (Ord. 2020-28)

8.26.140 Notification of Spills.

A. Notwithstanding other requirements of law, as soon as any person who owns, occupies or is otherwise responsible for a premises, or responsible for emergency response for such premises, has information of any known or suspected release of a non-stormwater discharge or hazardous material into stormwater, or into or on a stormwater drainage system, or into waters of the State, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.

B. In the event of a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-stormwater discharges, said person shall immediately notify the authorized enforcement agency in person or by phone. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency within three (3) business days of the phone notice unless otherwise prescribed by then-applicable requirements of the MS4 Permit or County regulations.

C. If the discharge of hazardous materials or non-stormwater discharges emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. (Ord. 2020-28)

8.26.150 Enforcement.

A. Notice of Deficiency

(1) PCPW or their staff may notify a project that they have deficiencies on their site. PCPW will provide a timeline for addressing such deficiencies. Deficiencies will be evaluated to determine severity, past history on the site, and recalcitrance.

(2) Actions taken in response to deficiencies may include:

(a) Informal meetings.

(b) Written MS4 inspection reports.

(c)  Warning Notice –these written warnings do not constitute a Notice of Violation.  A Warning Notice is the same as a “Notice of Non-compliance,” as it is referred to in the MS4 Compliance Inspection Form. A Warning Notice is typically used to prevent deficiencies from becoming violations, or when voluntary compliance may be achieved.

(d)  Combination of any or all of the above.

B. Notice of Violation.

(1) Except where emergency suspension is necessary pursuant to Section 8.26.150.B, the authorized enforcement agency shall provide written notice to persons violating this Chapter. Such notice shall describe the nature of the violation and may require without limitation:

(a) That monitoring, analyses, and reporting be performed;

(b) That illicit connections and illegal discharges be eliminated;

(c) That non-storm water pollution or contamination hazards be abated and/or remediated and any affected property be restored; and/or

(d) That source control or treatment control measures be implemented.

(2) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed.

(3) If the person does not come into compliance within the time provided, the authorized enforcement agency may issue a Stop Work Order requiring a stoppage of all work at the facility or on the project until such time as compliance is achieved and the violations have been remedied.

(4) The Notice of Violation or Stop Work Order shall be served by hand delivery or by certified mail, return receipt requested.

(5) Criminal Penalties and Enforcement Costs: It is unlawful for any person to violate or permit or cause violation of this Chapter or to the provisions of the MS4 Permit. Violations shall be punishable as provided in this Code. Each day or part of a day any violation occurs or continues is a separate offense.

C. Suspension of Non-stormwater and Illicit Discharges. The authorized enforcement agency may, without prior notice, order the suspension of the discharge of non-stormwater pursuant to the procedures of Section 8.26.070.C. The authorized enforcement agency may collect all costs incurred in taking such action pursuant to the procedures set out in Section 8.26.150.E.(4).

D. Administrative Fine.

(1) The authorized enforcement agency may assess a fine when a person has violated, or continues to violate, any provision of this Chapter, a NPDES or CDPS discharge permit, or order issued herein. The authorized enforcement agency may fine such person an amount not to exceed ten thousand dollars ($10,000) per day for each day during which such violation occurs. Such fines shall be assessed on a per violation, per day basis.

(2) Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be subject to a lien against the user's property for unpaid charges, fines, and penalties.

E. Administrative Appeal.

(1) Any person receiving a Notice of Violation, Stop Work Order, or Administrative Fine may appeal the determination of the authorized enforcement agency to the Board of County Commissioners. A notice of appeal shall state the grounds therefor, shall attach a copy of the documents being appealed and shall be set forth in writing. The Notice of Appeal must be received by the Board of County Commissioners within fifteen (15) days from the date of the documents being appealed. A hearing on the appeal before the Board of County Commissioners shall take place within forty-five (45) days from the date of receipt of the notice of appeal. The decision of the Board of County Commissioners shall be final.

(2) If the violation has not been corrected pursuant to the requirements set forth in the applicable notice, or, in the event of an appeal, within thirty (30) days of the decision of the Board of County Commissioners upholding the decision of the authorized enforcement agency, then the authorized enforcement agency may pursue civil and/or criminal enforcement pursuant to Section 8.26.150.E. or Section 8.26.150.F.

F. Civil Enforcement Action.

(1) The authorized enforcement agency may apply to the Pueblo County Court or Pueblo County District Court for an administrative entry and seizure warrant authorizing the authorized enforcement agency or its contractor to enter the premises and take any and all actions necessary to abate the conditions violating this Chapter and for restoration of any affected premises.

(2) Such application to the Court shall include a copy of this Chapter, a sworn or affirmed affidavit stating the factual basis for such warrant, evidence that the owner, occupant or person responsible for the premises has received notice of the condition or that reasonable efforts to so notify have been made to no avail, a general description of the location of the premises that is the subject of the warrant, and a list of corrective action needed.

(3) Within ten days after the date of issuance of an administrative entry and seizure warrant, the authorized enforcement agency shall execute the warrant in accordance with directions by the issuing court, deliver or mail a copy of such warrant to the owner, occupant and person responsible for the premises by both certified mail return receipt requested and by regular mail, and submit proof of the execution of such warrant to the court, including a written inventory of any property impounded by the authorized enforcement agency.

(4) The authorized enforcement agency shall submit to the person violating the Chapter an invoice for the costs of the abatement, plus an additional five percent (5%) for inspection and other incidental costs in connection therewith. Such costs shall be paid within ten (10) days of the date of the invoice. If not paid, the costs shall be a lien against the premises that were the subject of the abatement until paid and shall have priority based upon the lien’s date of recording.

(5) The County Clerk and Recorder may certify the amount of the lien to the County Treasurer who shall collect the amount of the lien, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of Colorado for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of liens pursuant to this Chapter.

(6) Nothing in this Section shall be construed to limit the authorized enforcement agency’s institution of actions for injunction, mandamus, abatement or other appropriate actions to prevent, enjoin, abate or remove a violation of this Chapter or to enforce this Chapter.

G.  Criminal Prosecution.

(1) Any person who violates this Chapter commits a class 2 petty offense, and upon conviction thereof, shall be punished by a fine of up to ten thousand dollars ($10,000). Each day during which such violation of this Chapter continues shall be deemed a separate offense.

(2) The penalty assessment procedure set out in C.R.S. § 16-2-201, shall be followed in enforcing this Chapter pursuant to this subsection F.

(3) All fines and forfeitures collected by the court for violation of this Chapter shall be paid to the Pueblo County Treasurer within thirty (30) days of receipt and shall be deposited into the General Fund of the County.

(4) In addition to the penalties prescribed in this Section, persons convicted of a violation of this Chapter shall be subject to a surcharge of ten dollars ($10) that shall be paid to the clerk of the court by the defendant as provided by C.R.S. § 30-15-402(2)(a).

H. Compensatory Action.

In lieu of enforcement proceedings, penalties, and remedies authorized by this Chapter, the authorized enforcement agency may impose upon a violator alternative compensatory actions, including but not limited to storm drain stenciling or attendance at compliance workshops or other educational forums.

I. Remedies Not Exclusive.

The remedies listed in this Chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. (Ord. 2020-28)

8.26.160 Violations Deemed a Public Nuisance.

Any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. (Ord. 2020-28)

8.26.170 Severability.

The provisions of this Chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Chapter. (Ord. 2020-28)

8.26.180 Authenticity.

The foregoing text is the authentic text of Pueblo County Ordinance No. 2020-28.

The first reading of said Ordinance took place on August 25, 2020. It was published in full in the Pueblo Chieftain on August 29, 2020. It was adopted on September 15, 2020, and is to be republished by title in the Pueblo Chieftain on September 19, 2020, and shall take effect on October 19, 2020. (Ord. 2020-28)

9.04.010 Enactment authority--Applicability.

This chapter is enacted pursuant to the authority granted the Board of County Commissioners under Section 30-15-401, et seq., C.R.S. This chapter shall become effective on the date set forth herein, and shall remain in full force and effect until amended, repealed or rescinded by a future ordinance adopted by the Board of County Commissioners of Pueblo County, Colorado. Once effective, this chapter shall be applicable to the restraint and punishment of loitering by juveniles during specified nighttime hours and of defacement of, including the affixing of graffiti to, buildings and other public or private property by juveniles within Pueblo County, Colorado, including the Towns of Rye and Boone, except the portions thereof located within the boundaries of the incorporated city limits of Pueblo, Colorado. (Ord. 1 § 1(A), 1994)(Ord. 2004-1)

9.04.020 Purpose.

The purpose of this chapter is to protect the public health, safety and welfare of the citizens of Pueblo County, Colorado, by controlling and eliminating, to the extent possible, nighttime loitering, related mischievous or criminal activities, and defacement of, including the affixing of graffiti to, buildings and other public or private property by juveniles. (Ord. 1 § 1(B), 1994)

9.04.030 Definitions.

As used in this chapter, the following words, unless the context in which they are used indicates otherwise, shall be given the following meanings:

"Juvenile" means a person under eighteen (18) years of age.

"Loiter" or "loitering" means remaining idle in essentially one location, to be dilatory, to tarry, to dawdle and shall include, but not be limited to, standing around, hanging out, sitting, kneeling, sauntering or prowling. It shall also include "cruising," driving or riding in or on a vehicle repeatedly up and down a street, road or other public or private way, or repeatedly around a given area.

"Private place" means any privately owned property or business, including any parking lot, vacant lot, yard, building, place of amusement, eating establishment, or the like, where juveniles may be found without the consent or permission of the owner or occupant thereof or when the property or business is closed to the public.

"Public place" means any publicly owned property or facility, including any street, road, highway, sidewalk, alley, parking lot, park, playground, common area, school or other public building, where juveniles may be found, except for public facilities that are holding events or activities expressly open to the juveniles at the time when they are found there.

"Specified nighttime hours" mean Saturday and Sunday mornings between the hours of twelve a.m. (midnight) and six a.m. and Sunday evening through Friday morning between the hours of ten p.m. and six a.m., according to the applicable time standard then in effect for the county. (Ord. 1 § 1(C), 1994)

9.04.040 Unlawful acts.

It is unlawful for any juvenile to loiter in any public place or private place during specified nighttime hours. It is also unlawful for any juvenile to deface, including the affixing of graffiti to, buildings and other public or private property. Any juvenile found in any public place or private place during specified nighttime hours, and any juvenile found defacing, or affixing graffiti to, buildings and other public or private property, as defined in Section 9.04.030, shall be presumed to be in violation of this section, except as otherwise provided in Section 9.04.050. (Ord. 1 § 2, 1994)

9.04.050 Exceptions.

The following shall not be in violation of Section 9.04.040, as it pertains to juvenile loitering during specified nighttime hours.

A. Any juvenile who is accompanied by a parent, guardian or other person of twenty-one (21) years of age or more having proper lawful custody of the juvenile.

B. Any juvenile who is travelling to or from lawful employment, for up to one-half hour of travel time to and from the place of employment when the juvenile is carrying an employer’s written and signed statement specifying the type, hours and place of employment, and the name of the juvenile employee.

C. Any juvenile who is engaged in an activity or event sponsored by an established organization, such as a school or church, or engaged in an activity or event clearly involving the First Amendment exercise of free speech, religious rites, and/or the right to petition the government for redress of grievances, such as attending political or civic meetings or church services, when such an activity is otherwise lawful.

D. Any juvenile who is participating in a lawful activity, whether it be social, religious, or civic, so long as the juvenile travels directly to and from that activity. (Ord. 1 § 3, 1994)

9.04.060 Enforcement agencies.

This chapter shall be enforced by the Pueblo County Sheriff’s Department, with any judicial prosecution to be conducted by the District Attorney’s Office for the 10th Judicial District. (Ord. 1 § 4, 1994)

9.04.070 Enforcement, prosecution and penalties.

A. The Pueblo County Sheriff and his or her deputies shall have authority to order any juvenile to immediately cease any behavior which is in violation of this chapter. This authority shall include the right to take a juvenile into temporary custody for the purpose of conveying the juvenile to the home of his or her parent, guardian or legal custodian, or for the purpose of locating his or her parent, guardian or legal custodian and to request that this person retrieve the juvenile. Should it not be possible to deliver home or arrange for the retrieval of a juvenile, the juvenile will be released by six a.m. of the same morning or the morning following the evening when the juvenile was taken into custody, unless the juvenile is lawfully detained for other reasons.

B. Criminal prosecution may be brought against a juvenile for a violation of this chapter in accordance with Sections 30-15-402 and 30-15-410, C.R.S., and under the penalty assessment procedure provided for in Section 16-2-201, C.R.S. The Sheriff’s Department is authorized to devise a ticketing system in conformance with Section 16-2-201, C.R.S.

C. Each violation of this chapter shall be deemed separate and distinct from any other violation of this chapter, or of any other state or local law, rule or regulation.

D. Any juvenile who violates this chapter commits a Class II petty offense and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300.00) for each separate violation. Fines are to be set by the County Court, unless the accused juvenile enters a plea of guilty or no contest and pays the fine, in which case the fine shall be one hundred dollars ($100.00).

E. All fines paid or connected with any violation of this chapter shall be made payable to Pueblo County and shall be paid over to the Pueblo County Treasurer immediately upon the receipt thereof by the individual or entity receiving such moneys. Upon receipt of such moneys, the Pueblo County Treasurer shall deposit the same into the county general fund. (Ord. 1 § 5, 1994).

9.04.080 Additional remedies.

The remedies provided in this chapter shall be cumulative and in addition to any other remedies, criminal or civil, which may be available. Nothing contained herein shall be construed to preclude prosecution under any applicable criminal statute. (Ord. 1 § 6, 1994)

9.08.010 Purpose.

The purpose of this chapter is to prohibit minors from possessing cigarettes or tobacco products. (Ord. 13 § 1, 1998)

9.08.020 Enactment authority.

This chapter is authorized pursuant to Part 4 of Article 15 of Title 30, C.R.S. (Ord. 13 § 2, 1998)

9.08.030 Definitions.

Words and terms contained in this chapter are defined and construed according to their ordinary meanings, with the exception of the terms herein defined.

"Minor" is defined as any person under eighteen (18) years of age.

"Possession of cigarettes or tobacco products" means that a person has or holds any amount of cigarettes or tobacco products anywhere on his or her person, or that a person owns or has custody of cigarettes or tobacco products, or has cigarettes or tobacco products within his or her immediate presence and control.

"Tobacco products" is defined as cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a pipe or otherwise, or both for chewing and smoking. (Ord. 13 § 3, 1998)

9.08.040 Applicability and effective date.

A. This chapter shall apply within the entire unincorporated area of Pueblo County to include the Towns of Rye and Boone.

B. This chapter shall become effective on the date set forth in the ordinance codified herein, and shall remain in full force and effect until amended, repealed or rescinded by a future ordinance adopted by the Board of County Commissioners of Pueblo County, Colorado. (Ord. 13 § 4, 1998) (Ord. 2004-3)

9.08.050 Unlawful acts.

It is unlawful for any person under the age of eighteen (18) years to possess any cigarettes or tobacco products. (Ord. 13 § 5, 1998)

9.08.060 Criminal prosecution--Disposition of moneys collected.

A. The Pueblo County Court shall have jurisdiction in prosecutions of violations of this chapter, and it is the duty of the Pueblo County Sheriff and Under-Sheriff and deputies to enforce the provisions of this chapter, as is provided for in Section 30-15-410, C.R.S.

B. All assessments, fees, penalties, fines and other costs connected with any violation of this chapter, and all moneys collected by, or on behalf of, Pueblo County pursuant to this chapter shall be paid over to the Pueblo County Treasurer immediately upon receipt thereof by the individual or entity receiving such moneys. Upon receipt of such moneys, the Treasurer shall deposit the same into the Pueblo County General Fund. (Ord. 13 § 6, 1998)

9.08.070 Violations--Penalties.

Any person who violates any provision of this chapter shall be subject to a fine of fifty dollars ($50.00), which fine shall be paid to the County Treasurer at once, pursuant to 30-15-408, C.R.S., and Section 9.08.060. (Ord. 13 § 7, 1998)

9.12.010 Discharge of unlawful where.

The following areas in the unincorporated territory of Pueblo County, Colorado, and the Towns of Rye and Boone, are designated as areas in which it is unlawful for any person to discharge any firearm, except a duly authorized law enforcement officer acting in the line of duty:

That area lying north of the north boundary of the city of Pueblo’s City Park and the north water line of the Arkansas River.

An area of one mile from the city limits line of the city of Pueblo, Colorado completely surrounding the city.

Provided, however, that nothing contained in this section shall prevent the discharge of any firearm in shooting galleries, or in any private grounds or residence under circumstances when such firearms can be discharged in such a manner as not to endanger persons or property, also in such a manner as to prevent the projectile from any such firearm from traversing any grounds or space outside the limits of such shooting gallery, grounds, or residence.

The resolution codified in this section is approved under the authority of Section 30-15-302, C.R.S. (Res. 04-148; Res. 00-44; Res. dated 1/21/71)

10.04.010 Adoption.

Pursuant to the authority vested to local authorities, including counties, by Part 4 of Article 15 of Title 30, and Part 1 of Article 4 of Title 42, C.R.S., as amended, to adopt ordinances to control and regulate the movement and parking of motor vehicles on public property and to adopt by reference all or any part of a model traffic code, there is hereby adopted by reference Articles I and II, inclusive, of the 2003 edition of the “Model Traffic Code” promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP 700, Denver, CO  80222.  The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for Pueblo County.  The purpose of this Ordinance and the Code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and nation.  Three (3) copies of the Model Traffic Code adopted herein and the Fine Schedule found at Appendix 4-A are now filed in the offices of the Pueblo County Clerk, 215 W. 10th St., Second Floor, Pueblo, Colorado, and may be inspected during regular business hours. (Ord. 2009-21 § 1)

10.04.020 Deletions.

The 2003 edition of the Model Traffic Code is adopted as if set out at length save and except the following articles and/or sections which are declared to be inapplicable to this county and are therefore expressly deleted:

Misdemeanor traffic offenses contained in the Model Traffic Code are not included in this Ordinance. (Ord. 2009-21 § 2)

10.04.030 Additions or Modifications

The said adopted Code is subject to the following additions or modifications:

The provisions of C.R.S. § 42-2-127 (5.5), as amended, are applicable to penalty assessment notices issued by the County.  If a traffic offense is reduced, the points assessed for such reduced offense shall conform to the point assessment schedule under C.R.S. § 42-2-127 (5.5) (a) and (b), as amended.

The provisions of Sections 42-4-1701 and 42-4-1703, C.R.S., and sections 42-4-1708 to 42-4-1718, C.R.S., as amended, shall apply to this Ordinance and interpretation thereof. (Ord. 2009-21 § 3)

10.04.040 Penalty Assessment Procedure and Penalty Schedule.

The following penalties, herewith set forth in full, shall apply to this Ordinance: 

(a)  It is unlawful for any person to violate any of the provisions adopted in this Ordinance.

(b)  Any person who violates any of the provisions adopted in this Ordinance commits a traffic infraction, pursuant to section 30-15-402(1), C.R.S., as amended.  The penalty assessment procedure provided in section 16-2-201, C.R.S. shall be followed by the arresting officer for any such violation of this Ordinance.

(c)  Every person convicted of a violation of any provision adopted in this Ordinance shall be punished by a fine of not less than fifteen ($15) dollars or more than one thousand ($1000) dollars for each separate violation. 

(d)  The County hereby elects to have the provisions of section 42-2-127 (5.5)(a) and (b), C.R.S., apply to violations of this Ordinance.  If a violator receives a penalty assessment notice for a violation of this Ordinance, and such person pays the fine and surcharge for the violations on or before the date the payment is due, the points assessed for the violation are reduced as follows:

        (1)               for a violation having an assessment of three or more points, the points are reduced by two points;

         (2)               for a violation having an assessment of two points, the pointsare reduced by one point.

(e)  For its schedule of fines and penalties, Pueblo County incorporates by this reference, the schedule of fines and penalties set forth in section 42-4-1701, C.R.S. (as that section may be amended), as those fines and penalties correspond to the sections of the Model Traffic Code adopted by this Ordinance, for all cases wherein the alleged violator acknowledges guilt or liability, is found guilty by a court of competent jurisdiction, or has judgment entered against him/her.  If the penalty assessment procedure is not used, and the alleged offender is found guilty, court costs may be assessed in addition to the fine and penalties set forth in section 42-4-1701, C.R.S., and surcharges.  The Fine Schedule is set forth in full in Appendix 4-A to this Ordinance.

(f)  Surcharges:  In addition to the fines and penalties prescribed in this Ordinance, any person convicted of a violation of this Ordinance shall be subject to the statutory surcharge of ten dollars ($10.00) for the Victims and Witnesses Assistance and Law Enforcement Fund, and persons convicted of operating a vehicle in excess of the speed limit, are subject to a surcharge of ten dollars ($10.00) for the Colorado Traumatic Brain Injury Trust Fund.  These surcharges shall be paid to the clerk of the court by each person convicted of violating this Ordinance.  The clerk shall transmit the moneys to the respective funds in accordance with section 30-15-402 (2) and (3), C.R.S.

(g)  Unless otherwise provided by law, all fines and penalties, and the surcharge thereon, for the violation of this Ordinance shall be paid into the treasury of Pueblo County. (Ord. 2009-21 § 4)

10.04.050 Application.

This Ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public place or public parking area, within the unincorporated area of Pueblo County, the use of which the County has jurisdiction and authority to regulate and the incorporated town limits of the Towns of Boone and Rye pursuant to resolutions duly adopted by the respective town councils. (Ord. 2009-21 § 5)

10.04.060 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 of County Commissioners hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. (Ord. 2009-21 § 6)

10.04.070 Repeal.

Existing or parts of ordinances, including but not limited to Pueblo County Ordinance 10, codified at County Code Title 10 Vehicles and Traffic, Ordinance 2004-2, Resolution 98-95 (part), 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. (Ord. 2009-21 § 7)

10.04.080 Interpretation.

This Ordinance shall be so interpreted and construed as to effectuate its general purpose to conform with the State’s uniform system for the regulation of vehicles and traffic.  Article and section headings of the Ordinance and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. (Ord. 2009-21 § 8)

10.04.090 Certification.

The Pueblo County Clerk shall certify to the passage of this Ordinance and make not less than three copies of the adopted Code available for inspection by the public during regular business hours. (Ord. 2009-21 § 9)

10.04.100 Effective Date.

This Ordinance shall be effective thirty days after publication after adoption on second reading. (Ord. 2009-21 § 10)

10.06.010 Title.

This Ordinance shall be titled Pueblo County Noise Ordinance.

AN ORDINANCE PERTAINING TO THE REGULATION OF NOISE ON PUBLIC AND PRIVATE PROPERTY AND THE OPERATION OF

MOTOR VEHICLES WITHIN THE UNINCORPORATED AREAS OF PUEBLO COUNTY, COLORADO

(Ord. 2011-22 § 1)

10.06.020 Authorization.

C.R.S. § 30-15-401, et seq., enables counties to adopt ordinances for the control or licensing of those matters of purely local concern, and to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease.

C.R.S. § 30-15-401 (1)(m) enables counties to enact ordinances which regulate noise on public and private property and, pursuant to C.R.S. § 25-12-107, counties may adopt resolutions or ordinances prohibiting the operation of motor vehicles within their respective jurisdictions that produce noise in excess of the sound levels in decibels, measured on the “A” Scale on a standard sound level meter having characteristics established by the American National Standard Institute, publication S1.4 – 1971, and measured at a distance of fifty feet from the center of the lane of travel and within the speed limits specified herein. (Ord. 2011-22 § 2)

10.06.030 Applicability.

This Ordinance shall apply in the unincorporated areas of Pueblo County. (Ord. 2011-22 § 3)

10.06.040 Definitions.

For the purposes of this Ordinance, the words and phrases shall have the meanings ascribed to them in this Section:

4.1 Decibel is a unit used to express the magnitude of a change in sound level. The difference in decibels between two (2) sound pressure levels is twenty (20) times the common logarithm of their ratio. In sound pressure measurements, sound levels are defined as twenty (20) times the common logarithm of the ratio of that sound pressure level to a reference level of 2 X 10-5 N/m2 (Newton's/meter squared). As an example of the effect of the formula, a three-decibel change is a one-hundred-percent increase or decrease in the sound level, and a ten-decibel change is a one thousand-percent increase or decrease in the sound level.

4.2 db(A) means sound levels in decibels measured on the "A" scale of a standard sound level meter having characteristics defined by the American National Standards Institute, publication S.4- 1970, and approved by the Industrial Commission of Colorado.

4.3 Residential zone means an area of single-family or multifamily dwellings where businesses may or may not be conducted in such dwellings. The zone includes areas where multiple unit dwellings, high-rise apartment districts, and redevelopment districts are located. A residential zone may include areas containing accommodations for transients such as motels and hotels and residential areas with limited office development, but it may not include retail shopping facilities. Residential zone includes hospitals, nursing homes and similar institutional facilities.

4.4 Commercial zone means:

a.  An area where offices, clinics and the facilities needed to serve them are located;

b.  An area with local shopping and service establishments located within walking distances of the residents served;

c.  A tourist-oriented area where hotels, motels and gasoline stations are located;

d.  A large integrated regional shopping center;

e.  A business strip along a main street containing offices, retail businesses and commercial enterprises;

f.   A central business district; or

g.  A commercially dominated area with multiple unit dwellings.

4.5 Light industrial and commercial zone means:

a.     An area containing clean and quiet research laboratories;

b.     An area containing light industrial activities which are clean and quiet;

c.     An area containing warehousing; or

d.    An area in which other activities are conducted where the general environment is free from concentrated industrial activity.

4.6 Industrial zone means an area in which noise restrictions on industry are necessary to protect the value of adjacent properties for other economic activity, but shall not include agricultural operations.

4.7 Motor vehicle sound system means any radio, tape player, CD player, amplifier, speakers or other electronic components located in or upon any motor vehicle and used or capable of being used for the production of sound. (Ord. 2011-22 § 4)

10.06.050 Noise.

The making and creating of an excessive or unusually loud noise, or a noise which is unreasonable and objectionable because it is impulsive, continuous, rhythmic, periodic or shrill within the unincorporated areas of Pueblo County as heard and measured in the manner prescribed by Section 6 is hereby declared to be a public nuisance and unlawful.  (Ord. 2011-22 § 5)            

10.06.060 Classification and Measurement of Noise.

For purposes of determining and classifying any noise as excessive or unusually loud as declared to be unlawful and prohibited by this Ordinance, the following test measurements and requirements shall be applied.

6.1 Noise occurring within the jurisdiction of the unincorporated areas of Pueblo County shall be measured at a distance of at least twenty-five (25) feet from a noise source located within the public right-of-way, and if the noise source is located on private property or property other than the public right-of-way, at least twenty-five (25) feet from the property line of the property on which the noise source is located.

 6.2 The noise shall be measured on the "A" weighing scale on sound level meter of standard design and quality and having characteristics established by the American National Standards Institute.

6.3 For purposes of this Ordinance, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five (5) miles per hour, or twenty-five (25) miles per hour with a wind screen.         

6.4 In all sound level measurements, consideration shall be given to the effect of the ambient noise of the environment from all sources at the time and place of such level measurement. (Ord. 2011-22 § 6)

10.06.070 Maximum Permissible Noise Levels.

7.1 Every activity to which this Ordinance is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat, frequency or shrillness. Sound levels of noise radiating from the property line at a distance of twenty-five (25) feet or more therefrom, in excess of the db(A) established for the time period and zones listed in this Section, shall constitute prima facie evidence that such noise is a public nuisance.

7.2  In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in Section 5 may be increased by ten (10) db(A) for a period not to exceed fifteen (15) minutes in any one-hour period.

7.3 Periodic, impulsive or shrill noises shall be considered a public nuisance when such noises are at a sound level of five (5) db(A) less than those listed in Section 7.1 of this Section.

7.4  This Section is not intended to apply to the operation of aircraft, or to other activities which are subject to federal law with respect to noise control.

7.5 Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority, or if no time limitation is imposed, then for a reasonable period of time for completion of the project.

7.6  All railroad rights-of-way shall be considered as industrial zones for the purposes of this Section, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone.

7.7 This Section is not applicable to the use of property for purposes of conducting speed or endurance events involving motor or other vehicles, but such exception is effective only during the specific period or periods of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use.

7.8 This Section is not applicable to six hundred (600) or more megawatt electric power generation facilities which are operated and maintained in compliance with the noise levels and standards set forth in the state noise regulations, currently codified as C.R.S. § 25-12-103 (as now or hereafter adopted). (Ord. 2011-22 § 7)

10.06.080 Motor Vehicle Noise Levels.

8.1 It shall be unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved, within the unincorporated areas of Pueblo County, any motor vehicle which emits a sound pressure level in excess of the db(A) established in Table I of this Section. Noise from a motor vehicle within the public right-of-way shall be measured at a distance at least twenty-five (25) feet from the near side of the nearest traffic lane being monitored and at a height of at least four (4) feet above the immediate surrounding surface on a sound level meter of standard design and quality and having characteristics established by the American National Standards Institute.

 8.2  Noise from a motor vehicle which is located other than within the public right-of-way shall be measured at a distance at least twenty-five (25) feet from said motor vehicle and at a height of at least four (4) feet above the immediate surrounding surface on a sound level meter of standard design and quality and having characteristics established by the American National Standards Institute.

8.4 Mufflers - Prevention of Noise: It shall be unlawful for any person to operate, or for the owner to cause or knowingly permit the operation of any vehicle, within the unincorporated areas of Pueblo County, which is not equipped with an adequate muffler and in constant operation and properly maintained to prevent any unnecessary noise, and no muffler or exhaust system shall be modified or used with a cutoff, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that which is specified in Table I above.           (Ord. 2011-22 § 8)

10.06.090 Vehicle Sound Systems.

9.1 Notwithstanding any other provision in this Ordinance and in addition thereto, it shall be unlawful for any person to operate or use, or cause or suffer to be operated or used, any motor vehicle sound system in such a manner as to be plainly audible at a distance of twenty-five (25) feet from the motor vehicle, unless a permit therefor has first been obtained in accordance with Subsection 9.2 of this Section and is in effect. The driver of any vehicle upon which is located a motor vehicle sound system which is plainly audible at a distance of twenty-five (25) feet from the motor vehicle shall be presumed to be operating, using, or causing the operation of such motor vehicle sound system.

9.2 Any persons desiring to operate any motor vehicle sound system for either commercial or   noncommercial purposes in such a manner as to be plainly audible at a distance of twenty-five (25) feet from the motor vehicle shall first obtain a permit therefor from the Board of County Commissioners in accordance with this Subsection and the permit may authorize such use or operation of motor vehicle sound system between the hours of 7:00 a.m. and 10:00 p.m. for not more than three (3) days in any one (1) calendar year. In addition to the information required, the application for a permit shall provide the following information:

1. The name, address, and telephone number of the owner and user of the motor vehicle sound system;
2. The license number of the motor vehicle which is to be used and proof of motor vehicle insurance for such vehicle;
3. A general description of the sound amplifying equipment which is to be used;
4. A statement whether the use of the motor vehicle sound system will be used for commercial or noncommercial purposes; and
5. The date or dates, not exceeding three (3), during which the system is proposed to be operated.  (Ord. 2011-22 § 9)

10.06.100 Violations - Penalties.

10.1 Any person who violates any provision of this chapter shall be guilty of a Class 2 petty offense and, upon conviction, shall be punished by a fine of not more than three hundred dollars ($300.00), or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment for each separate offense.

10.2 The Board of County Commissioners of Pueblo County, Colorado, adopts the penalty assessment procedure set forth in C.R.S. § 16-2-201, as amended, and any Pueblo County Sheriff Deputy enforcing the provisions of this chapter may follow the penalty assessment procedure for any violation of this chapter constituting a Class 2 petty offense. The following shall be the schedule of fines imposed for violations of the provisions of this chapter constituting a Class 2 petty offense:

First offense, twenty-five dollars ($25.00);

Second offense, fifty dollars ($50.00);

Third offense, one hundred dollars ($100.00);

Fourth offense, two hundred dollars ($200.00); 

Five or more offenses, three hundred dollars ($300.00) each.

10.5 All fines and forfeitures connected with any violation of this chapter, and all monies collected by or on behalf of Pueblo County for licenses or otherwise shall be paid over to the Pueblo County Treasurer immediately upon the receipt thereof by the individual or entity receiving such monies. Upon receipt of such monies, the Pueblo County Treasurer shall deposit the same into the County General Fund. (Ord. 2011-22 § 10)

10.06.110 Enforcement Responsibility.

The Pueblo County Court shall have jurisdiction in prosecutions of violations of this chapter, and it is the duty of the Pueblo County Sheriff and Undersheriff and deputies to enforce the provisions of this chapter, as is provided for in C.R.S. § 30-15-410.  (Ord. 2011-22 § 11)

10.06.120 Exemptions.

The provisions of this Ordinance shall have no applicability to authorized emergency vehicles, as defined in the Model Traffic Code, as adopted by Pueblo County Ordinance 2009-21, as amended, nor to sound produced by any sirens or horns on such vehicles or other noise emanating from such vehicles.

The provisions of this Ordinance shall not apply to farms or ranches as defined in the Pueblo County Zoning resolutions. "Farm or ranch" means an area of at least five acres in size if in an A-2 zone district, or thirty-five (35) acres in size if in an A-1 zone district, and used for farming or ranching. "Farming or ranching" means the business of cultivating land, producing crops and/or keeping livestock, fowl and other non-domestic animals. This definition does not include feedlot or dog kennels. (Ord. 2011-22 § 12)

10.06.130 Severability.

The provisions of this Ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Ordinance. (Ord. 2011-22 § 13)

10.06.140 Authenticity.

The foregoing text is the authentic text of Pueblo County Ordinance No. 2011-22.

The first reading of said Ordinance took place on February 22, 2011.  It was published in full in the Pueblo Chieftain on February 27, 2011.

It was adopted on March 22, 2011, and is to be republished by title in the Pueblo Chieftain on March 27, 2011, and shall take effect on April 21, 2011.   (Ord. 2011-22 § 14)

12.04.010 Adopted by reference.

Pueblo County officially adopts as a binding regulation of Pueblo County the Pueblo County Roadway Design and Construction Standards, a complete copy of which may be obtained at all times at the offices of the Pueblo County department of public works and which is incorporated herein by this reference. (Res. 98-44)