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)