Pueblo County Code

Pueblo County Code mitchellst@pue… Thu, 12/12/2019 - 04:18 PM

The electronic version of the Pueblo County Code was created for online access to the County’s various ordinances, policies, procedures and rules. The Pueblo County Code website may not contain the most recent official actions of the Pueblo County Board of County Commissioners at any given time. For the most recent provisions, please contact the Pueblo County Attorney’s Office except for Title 16 and 17, please contact the Pueblo County Planning and Development Department.

Title 01 - General Provisions

Title 01 - General Provisions

Chapter 1.01 - Code Adoption (reserved)

Chapter 1.04 - General Provisions

1.01.010 - Prosecution of violations

The County Attorney is authorized and directed to prosecute all violations of county ordinances as the County Attorney may deem, in his or her discretion, to merit prosecution. (Res. 80-134, 1980)

1.04.020 - Book of ordinances

The Clerk of the Board is directed to acquire a book and keep all ordinances adopted by this Board. (Res. 80-135, 1980)

Chapter 1.08 - General Penalty

1.08.010 - Penalty table
Subject Ordinance/Resolution Number Section Reference
Animal Control: Dogs Res. 92-396 6.04.060
Building Code Res. 98-287 15.04.090
Contractors' licensing and administration Res. 98-285 15.32.090
Dangerous buildings and structures Ord. 9, 1996 15.52.110
Electrical code Res. 00-38 15.20.100
Emergency medical services Res. 92-337 8.08.050
Fire code Ord. 14, 2000 8.16.080
Housing code Res. 98-286 15.24.090
Juveniles: Generally Ord. 1, 1994 9.04.070
Juveniles: Tobacco possession Ord. 13, 1998 9.08.060
Mechanical code Res. 97-459 15.16.090
Park and recreation area use Res. 96-326 12.24.100
Plumbing code Res. 98-288 15.12.090
Sign code Res. 98-289 15.28.090
Solid waste collection and disposal Ord. 4, 1993 8.12.070
Subdivisions Res. dated 8/31/72 16.04.020
Zoning Zoning Res. amended Through Dec. 1999 17.136.070
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Title 02 - Administration

Title 02 - Administration
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Chapter 2.04 - Administrative Structure

Chapter 2.04 - Administrative Structure

2.04.010 Departments and organization.

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

2.04.020 Organizational structure.

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

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

 

2.04.030 Board and Commissions.

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

2.04.040 Meeting schedule.

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

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

  • Monday: 9:00 a.m.: Official open meeting, general discussion of pertinent issues, open work sessions, legislative day
  • Wednesday: 9:00 a.m.: Official open meeting, general discussion of pertinent issues, open work sessions, legislative day
  • Monthly meetings with city of Pueblo elected officials: To be determined jointly between the city and county.
  • General business, work sessions and other meetings of the Board of County Commissioners of Pueblo County shall be held as scheduled and announced. 
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Chapter 2.08 - Administrative and Advisory Board Appointments

Chapter 2.08 - Administrative and Advisory Board Appointments

2.08.010 Policy

  1. All board membership vacancies shall be advertised in a newspaper of general circulation in the community and in the manner best designed to reach and encourage all interested individuals to apply for appointment with the Board;
  2. All applications for appointment shall be referred initially to the appropriate county officer, employee or agency for review and recommendation to the Board of the top candidates to fill such vacancies;
  3. The county officer, employee or agency coordinating the review and recommendation process shall forward to the Board all applications received for the appointment along with a recommendation from the county officer, employee or agency as to the top candidates;
  4. The number of recommendations shall be at least one hundred fifty (150) percent of the number of individuals to be appointed; and
  5. Unless otherwise required by statute, rule, regulation, contractual term, organic law, or administrative provision for internal governance, term limits do not apply to individuals appointed to any given Board position.  Said individuals shall be appointed to serve at the pleasure of the Board of County Commissioners. 
    (Res. 93-143 §§ 1-4, Res. 13-221 §5)
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Chapter 2.12 - Pueblo County Planning Commission

Chapter 2.12 - Pueblo County Planning Commission

2.12.010 Established.

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

2.12.020 Membership-Terms-Compensation.

  1. The commission shall consist of nine members.
  2. All members, except the chairperson, shall serve for terms of three years and until their respective successors have been appointed. All members of the Commission shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of their duties as such members.
  3. At the expiration of the term of any appointed member of the Commission his or her successor shall be appointed by the Board for a term of three years. In the event of a vacancy in the office of any such member by reason of death, resignation or removal from the county, or in the event any such member shall cease to be the owner of real property situated in this county or shall become disqualified by reason of holding another public office or position, the Board shall declare a vacancy in such office and shall appoint some qualified person for the remainder of such term, and in the event any appointed member shall be guilty of misconduct or nonperformance of duty as a member of the Commission, the Board shall have the right to remove such member from office and to appoint some other qualified person to such office for the remainder of such term.
    (Res. P&D 07-30; Res. 87-349 § 1 (part); §§ 2--4 of Res. dated 9/3/41)
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Chapter 2.16 - Fire Code Adoption and Revision Commission

Chapter 2.16 - Fire Code Adoption and Revision Commission

2.16.010 Created.

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

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

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

2.16.020 Membership.

A. The Commission shall consist of the following members:

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

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

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

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

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

2.16.030 Compensation.

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

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

2.16.040 Duties.

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

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

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

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

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Chapter 2.20 - Placement Alternatives Commission

Chapter 2.20 - Placement Alternatives Commission

2.20.010 Established.

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

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Chapter 2.24 - Community Corrections Board

Chapter 2.24 - Community Corrections Board

2.24.010 Pueblo Community Corrections Board Established.

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

2.24.020 Advisory and Screening Committee Established / Terms.

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

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

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

2.24.030 Duties of the Advisory and Screening Committee.

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

2.24.040 Screening Criteria.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Chapter 2.28 - Juvenile Community Review Board

Chapter 2.28 - Juvenile Community Review Board

2.28.010 Established.

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

2.28.020 Screening Committees - Duties.

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

2.28.030 Membership - Terms.

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

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Chapter 2.32 Committee on Disposition of Forfeited Property

Chapter 2.32 Committee on Disposition of Forfeited Property

2.32.010 Established.

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

2.32.020 Use of proceeds.

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

2.32.030 Use of forfeited property subject to controls.

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

2.32.040 Reporting required-Subject to audit.

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

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Chapter 2.36 - Community Services Advisory Committee for Programs for Low-Income Persons

Chapter 2.36 - Community Services Advisory Committee for Programs for Low-Income Persons

2.36.010 Established-Membership.

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

2.36.020 Responsibilities.

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

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Chapter 2.40 - Housing Advisory Committee

Chapter 2.40 - Housing Advisory Committee

2.40.010 Created.

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

2.40.015 Selection criteria.

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

  1. One attorney or legal assistant with a strong background in real estate and various housing issues.
  2. One real estate broker or agent with appraisal or market analysis experience.
  3. Two persons from non-profit organizations that deal with low income-housing issues.
  4. One person from a local lending institution such as a bank or savings and loan, with a background in housing loans.
  5. One person from the Pueblo Regional Building Department.

    The Committee shall meet no less than once monthly to rule on all applications for funds for rehabilitation of homes under the Pueblo County rehabilitation loan and grant program. Attendance of four members shall constitute a quorum and the Committee shall only approve.
  6. One person from the Pueblo County Budget Department who deals with the Pueblo County Housing Programs on an on-going basis.
  7. One person to serve as a member of the general public, a position that can be filled by any person in the community with some knowledge in the housing field, who is interested in assisting with housing issues and programs and being active in the community. (Res. 00-111)

2.40.020 Membership--Officers.

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

2.40.030 Meetings--Quorum--Approval requirements.

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

2.40.040 Decision to be final--Reapplication.

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

2.40.050 Continued occupancy guidelines to be used when.

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

2.40.060 Responsibilities.

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

2.40.070 Conflict of provisions.

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

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Chapter 2.44 - Emergency Preparedness

Chapter 2.44 - Emergency Preparedness

2.44.010 Office of Emergency Preparedness--Established.

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

2.44.020 Coordinator responsibilities.

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

2.44.030 Office of Emergency Preparedness--Purpose.

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

2.44.040 Duties and responsibilities.

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

2.44.050 Hazardous substance incidents--Response authority.

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

mitchellst@pue… Fri, 12/13/2019 - 01:04 PM

Title 04 - Revenue and Finance

Title 04 - Revenue and Finance
mitchellst@pue… Fri, 12/13/2019 - 01:11 PM

Chapter 4.04 - Fiscal Provisions Generally

Chapter 4.04 - Fiscal Provisions Generally

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

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

4.04.020 Disposition of fines and forfeitures.

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

4.04.030 Bail bonds.

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

4.04.040 Bookkeeping.

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

4.04.050 Processing fee and special review fee.

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

4.04.060 Chair of the Board to sign certain contracts.

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

mitchellst@pue… Fri, 12/13/2019 - 01:18 PM

Chapter 4.08 - County Investment Policy

Chapter 4.08 - County Investment Policy

4.08.010 Statement of purpose.

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

4.08.020 Scope.

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

4.08.030 Delegation of authority.

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

4.08.040 Investment objectives.

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

4.08.050 Allowable depositories and broker/dealers.

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

4.08.060 Investment guidelines.

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

Security TypeMinimum AllocationMaximum Allocation

US Treasury Bills, notes and bonds25%100%

Federal Agencies0%50%

Maximum per Issuer-25%

Commercial Paper0%25%

Maximum per Issuer-5%

Certificates of Deposit0%20%

Repurchase Agreements0%50%

Money Market Funds0%50%

Local Government Investment Pools0%50%

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

4.08.070 Securities custody and recordkeeping.

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

4.08.080 Performance reporting.

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

mitchellst@pue… Fri, 12/13/2019 - 01:20 PM

Chapter 4.12 - Risk Management

Chapter 4.12 - Risk Management

4.12.010 Risk management policy statement.

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

4.12.020 Safety committees to be established.

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

4.12.030 Risk Management Team.

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

4.12.040 Insurance adviser.

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

mitchellst@pue… Fri, 12/13/2019 - 01:33 PM

Chapter 4.16 - Sales Tax

Chapter 4.16 - Sales Tax

Article 1. General Provisions

  • 4.16.010 Purpose.

  • 4.16.020 Statutory definitions incorporated.

Article 2. Sales Tax

  • 4.16.030 Property and services taxed.

  • 4.16.040 Adoption of state rules and regulations.

  • 4.16.050 Amounts excluded.

  • 4.16.060 Delivery charges included.

  • 4.16.070 Exemptions.

  • 4.16.080 Nonresident exemption.

  • 4.16.090 Place of sale.

  • 4.16.100 Sales tax license.

  • 4.16.110 Sales tax vendor’s fees.

  • 4.16.120 Collection, administration and enforcement.

  • 4.16.130 Seven percent limitation.

Article 3. Use of Tax Revenues

  • 4.16.140 Revenue use by county.

Article 4. Election

  • 4.16.150 Submission to electors.

  • 4.16.160 Conduct of election.

Article 5. Miscellaneous Provisions Limitation

  • 4.16.170 Effective date.

  • 4.16.180 Termination.

  • 4.16.190 Statutory references.

  • 4.16.200 Amendments.

  • 4.16.210 Severability.

  • 4.16.220 Publication.
mitchellst@pue… Fri, 12/13/2019 - 01:36 PM

Chapter 4.16 - Sales Tax - Article 1 - General Provisions

Chapter 4.16 - Sales Tax - Article 1 - General Provisions

4.16.010 Purpose.

The purpose of this chapter is, upon the approval of a majority of registered electors voting on such proposal, to impose a sales tax of one percent upon the sale at retail of tangible personal property and the furnishing of certain services in the county, in accordance with the provisions of Article 2 of Title 29, C.R.S., which provisions are incorporated into this chapter by reference. (Res. 87-262 § 1)

4.16.020 Statutory definitions incorporated.

For purposes of this chapter, definitions of the words contained in this chapter shall be as defined in C.R.S. § 39-26-102, which definitions are incorporated in this chapter by reference. (Res. 87-262 § 2)

mitchellst@pue… Fri, 12/13/2019 - 01:39 PM

Chapter 4.16 - Sales Tax - Article 2 - Sales Tax

Chapter 4.16 - Sales Tax - Article 2 - Sales Tax

4.16.030 Property and services taxed.

There is levied and imposed and there shall be collected and paid a sales tax of one percent on the gross receipts upon the sale of tangible personal property at retail and the furnishing of certain services as provided in C.R.S. § 29-2-105(1)(d), upon all taxable transactions in the county. The tangible personal property and services taxable pursuant to this chapter shall be the same as the tangible personal property and services taxable pursuant to C.R.S. § 39-26-104, and shall be subject to the same exemptions as those specified in C.R.S. § 39-26-701, et seq., (expressly including certain exemptions as provided in Section 4.16.070). (Res. 87-262 § 3; Res. 06-122)

4.16.040 Adoption of state rules and regulations.

The imposition of the tax on the sale at retail of tangible personal property and the furnishing of certain services subject to this tax shall be in accordance with the schedule set forth in the rules and regulations of the Colorado Department of Revenue, and in accordance with any regulations which may be enacted by separate written resolution. (Res. 87-262 § 4)

4.16.050 Amounts excluded.

The amounts subject to tax shall not include the amount of any sales or use tax imposed by Article 26 of Title 39, C.R.S. (Res. 87-262 § 5)

4.16.060 Delivery charges included.

The gross receipts from sales shall include delivery charges, when such charges are subject to the sales and use tax of the state of Colorado imposed by Article 26 of Title 39, C.R.S., regardless of the place to which delivery is made. (Res. 87-262 § 6)

4.16.070 Exemptions.

There shall be exempt from sales taxation under the provisions of this chapter all of the tangible personal property and services which are exempt in the State Statute, “Sales and Use Tax Exemptions,” C.R.S. § 39-26-701, et seq., which exemptions are incorporated herein by this reference, expressly including the exemption in C.R.S. § 39-26-716, for the sale of agricultural compounds, attachments, dairy equipment, farm equipment and the production of the following products for profit from farm operations including, but not limited to, agricultural, viticulture, fruit and vegetable products; livestock; milk; honey; poultry; and eggs (Res. 06-122; Res. 87-262 § 7 (repealed))

4.16.080 Nonresident exemption.

All sales of tangible personal property on which a specific ownership tax has been paid or is payable shall be exempt from the subject sales tax when such sales meet both of the following conditions:
A. The purchaser is a nonresident of or has his or her principal place of business outside of the county; and
B. Such tangible personal property is registered or required to be registered outside the limits of the county under the laws of the State of Colorado. (Res. 87-262 § 8)

4.16.090 Place of sale.

For purposes of this chapter, all retail sales shall be considered consummated at the place of business of the retailer, unless the tangible personal property sold is delivered by the retailer or his or her agent to a destination outside the limits of the county or to a common carrier for delivery to a destination outside the limits of the county. If a retailer has no permanent place of business in the county, or has more than one place of business, the place or places at which the retail sales are consummated for the purpose of the sales tax imposed by this chapter shall be determined by the provisions of Article 26 of Title 39, C.R.S., and by the rules and regulations promulgated by the Colorado Department of Revenue. (Res. 87-262 § 9)

4.16.100 Sales tax license.

No separate county sales tax license shall be required. Any person engaging in the business of selling tangible personal property at retail or furnishing certain services as herein specified shall annually obtain and hold a state license as required by C.R.S. §39-26-103. (Res. 87-262 § 10)

4.16.110 Sales tax vendor’s fees.

As collection agent for Pueblo County, the vendor shall be entitled to withhold an amount equal to three and one-third percent of the total amount to be remitted by vendor to the Executive Director of the Colorado Department of Revenue each month to cover vendor’s expense in the collection and remittance of the county sales tax. If any vendor is delinquent in remitting the tax, other than in unusual circumstances shown to the satisfaction of the Executive Director, the vendor shall not be allowed to retain any amounts to cover his or her expense in collecting and remitting the tax, and an amount equivalent to the full one percent shall be remitted to the Executive Director by any such delinquent vendor. If any vendor, during any reporting period, shall collect as a tax an amount in excess of one percent of the total taxable sales, he or she shall remit to the Executive Director of the Department of Revenue the full amount of the tax herein imposed and any such excess so collected. (Res. 87-262 § 11)

4.16.120 Collection, administration and enforcement.

The collection, administration and enforcement of the sales tax imposed by this chapter shall be performed by the executive director of the Colorado Department of Revenue in the same manner as the collection, administration and enforcement of the Colorado State sales tax. The provisions of Article 26 of Title 39, C.R.S., and all rules and regulations promulgated by the Executive Director of the Department of Revenue thereunder, are incorporated herein by this reference and shall govern the collection, administration and enforcement of the sales tax imposed by this chapter.
If the sales tax proposed by this chapter is approved by the electorate at the special election to be held on November 10, 1987, the County Clerk and Recorder, prior to November 17, 1987, shall send notice of such adoption to, and make a request of, the Executive Director of the Department of Revenue to administer, collect and distribute the sales tax imposed, pursuant to C.R.S. §29-2-106. The Board and the Clerk and Recorder, at the time of making such request, shall provide the following documents to the Executive Director of the Department of Revenue:
A. A copy of the resolution codified in this chapter, certified by the County Clerk and Recorder;
B. Affidavits of publication of said resolution, as provided herein; and
C. An abstract of election results, certified as to the approval of the sales tax by a majority of the registered, qualified electors of Pueblo County voting thereon.
In the event the Executive Director of the Department of Revenue fails or refuses to collect the sales tax imposed by this chapter, the Board shall be authorized to provide for the collection, administration or enforcement of such sales tax to the extent permitted by law or to amend this chapter to comply with the requirements of the Department of Revenue. (Res. 87-262 § 12)

4.16.130 Seven percent limitation.

Based upon state and municipal sales tax rates existing as of the date of adoption of the resolution codified in this chapter, the Board finds and determines the seven percent limitation provided in C.R.S. §29-2-108, will be exceeded by a rate of one-half percent in the city of Pueblo by the countywide sales tax imposed by this chapter. (Res. 87-262 § 13)

mitchellst@pue… Fri, 12/13/2019 - 03:04 PM

Chapter 4.16 - Sales Tax - Article 3 - Use of Tax Revenues

Chapter 4.16 - Sales Tax - Article 3 - Use of Tax Revenues

4.16.140 Revenue use by county.

The Board shall direct the utilization of the revenues of the one percent sales tax for any lawful purpose to support the general needs and requirements of the county in such a manner as to reduce the county’s 1987 ad valorem property tax mill levy as a means to provide property tax relief to property owners in both the incorporated and unincorporated portions of Pueblo County. Such reduction shall be in the amount of five mills from 30.2 mills to 25.2 mills, which is equivalent to a reduction of approximately $2,959,085.00. The Board has presently determined not to distribute any percentage or portion of the sales tax revenues to municipalities within the county. (Res. 87-262 § 14)

mitchellst@pue… Fri, 12/13/2019 - 03:05 PM

Chapter 4.16 - Sales Tax - Article 4 - Election

Chapter 4.16 - Sales Tax - Article 4 - Election

4.16.150 Submission to electors.

Pursuant to Section 29-2-104(3), C.R.S., there being no general election within one hundred and twenty (120) days after the adoption of the resolution codified in this chapter, the sales tax proposal documented in this resolution shall be referred to the qualified and registered electors of Pueblo County at a special election to be held on November 10, 1987, (a date not less than thirty (30) nor more than ninety (90) days after the adoption of said resolution). The question to be submitted to the qualified, registered electors shall be as follows:

Shall a countywide sales tax of Pueblo County, Colorado, at the rate of one percent (1%) be levied and imposed upon the sale of tangible personal property at retail, (except food, and except certain machinery or machine tools, and except electricity, coal, wood, gas, fuel oil, or coke sold to provide residential light, heat, or power, and except all other sales specifically exempt under Colorado law) and the furnishing of services in the county, in accordance with the proposal of the board of county commissioners of Pueblo County, Colorado, adopted and set forth in Resolution No. 87-262 of Pueblo County, said sales tax to become effective January 1, 1988? (Res. 87-262 § 15)

4.16.160 Conduct of election.

The election shall be held, conducted and the results thereof shall be determined, so far as practicable, in conformity with the provisions of the Colorado Election Code of 1980. All registration materials, election materials, ballot cards, absentee voting materials, notices, forms and instructions may be made available in Spanish as well as English, and Spanish- language voter assistance may be made available at the County Clerk and Recorder’s Office and at the polling places. (Res. 87-262 § 16)

mitchellst@pue… Fri, 12/13/2019 - 03:05 PM

Chapter 4.16 - Sales Tax - Article 5 - Miscellaneous Provisions Limitation

Chapter 4.16 - Sales Tax - Article 5 - Miscellaneous Provisions Limitation

4.16.170 Effective date.

Upon passage of the resolution codified in this chapter and subsequent adoption by the electorate at special election, said resolution shall become effective and in force at 12:01 a.m. on January 1, 1988. (Res. 87-262 § 17)

4.16.180 Termination.

The one percent sales tax of Pueblo County imposed by this chapter shall continue in effect until repealed by the registered electors of Pueblo County at an election held for such purpose. However, so long as there remain outstanding any bonds or obligations of the county having a lien on the proceeds of all or any portion of the sales tax, neither shall the sales tax be repealed, nor shall the application of the proceeds derived from such sales tax be changed in any way which would adversely affect the security of such bonds or obligations. (Res. 87-262 § 18)

4.16.190 Statutory references.

All statutory citations in this chapter shall be construed to refer to such statutes as the same may have been heretofore amended, and, subject to any rights of owners of outstanding bonds, as the same may hereafter be amended from time-to-time. (Res. 87-262 § 19)

4.16.200 Amendments.

Except as to the one percent rate of the sales tax, the provisions of this chapter may be amended by resolution of the Board (subject, however, to any rights of owners of outstanding bonds); and such amendments need not be submitted to the electors of the county for their approval. (Res. 87-262 § 20)

4.16.210 Severability.

If any section, paragraph, clause or provision of this chapter shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this chapter. It is the intention of the Board that the various parts of this chapter are severable. (Res. 87-262 § 21)

4.16.220 Publication.

The County Clerk and Recorder is directed to publish the text of this Resolution in full, four separate times, a week apart, in The Pueblo Chieftain and the Greenhorn Valley News, on the dates of October 15, October 22, October 29, and November 5, 1987. (Res. 87-262 § 22)

mitchellst@pue… Fri, 12/13/2019 - 03:06 PM

Chapter 4.20 - County Policy on Purchase and Use of Recycled and Recyclable Products

Chapter 4.20 - County Policy on Purchase and Use of Recycled and Recyclable Products

4.20.010 Definitions.

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

4.20.020 Bid preferences--Recycled paper products.

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

4.20.030 County purchases of office paper and paper products.

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

mitchellst@pue… Fri, 12/13/2019 - 03:58 PM

Chapter 4.24 - Arbitration of Property Valuation Disputes

Chapter 4.24 - Arbitration of Property Valuation Disputes

4.24.010 Purpose.

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

4.24.020 Arbitrators.

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

4.24.030 Arbitration procedures.

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

4.24.040 Hearings.

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

4.24.050 Decision of the arbitrator.

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

mitchellst@pue… Fri, 12/13/2019 - 04:00 PM

Chapter 4.28 - Property Tax Work-Off Program

Chapter 4.28 - Property Tax Work-Off Program

4.28.010 Established.

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

mitchellst@pue… Fri, 12/13/2019 - 04:07 PM

Chapter 4.32 - Lost and Abandoned Property

Chapter 4.32 - Lost and Abandoned Property

4.32.010 Terms defined.

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

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

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

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

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

4.32.020 Applicability.

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

4.32.030 Notice.

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

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

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

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

4.32.040 Disposition.

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

4.32.050 Firearms.

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

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

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

4.32.060 Perishable Property.

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

4.32.070 Seized-Forfeited Property.

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

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

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

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

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

mitchellst@pue… Fri, 12/13/2019 - 04:10 PM

Chapter 4.36 - County Sheriff's Fees

Chapter 4.36 - County Sheriff's Fees

4.36.010 Designated.

I. Fees.

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

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

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

III. Billing Accounts.

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

Sheriff Civil Fees Amended Appendix - 08-26-2010 (2).pdf

mitchellst@pue… Fri, 12/13/2019 - 04:11 PM

Chapter 4.40 - Fees for County Work Release Program

Chapter 4.40 - Fees for County Work Release Program

4.40.010 Fees assigned.

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

Hourly Wage Offender Fee Per Day Hourly Wage Offender Fee Per Day
$4.25 or less $9.00 $14.76 - $15.25 $31.00
$4.26 - $4.75 $10.00 $15.26 - $15.75 $32.00
$4.76 - $5.25 $11.00 $15.76 - $16.25 $33.00
$5.26 - $5.75 $12.00 $16.25 - $16.75 $34.00
$5.76 - $6.25 $13.00 $16.76 - $17.25 $35.00
$6.26 - $6.75 $14.00 $17.26 - $17.75 $36.00
$6.76 - $7.25 $15.00 $17.76 - $18.25 $37.00
$7.26 - $7.75 $16.00 $18.26 - $18.75 $38.00
$7.76 - $8.25 $17.00 $18.76 - $19.25 $39.00
$8.26 - $8.75 $18.00 $19.26 - $19.75 $40.00
$8.76 - $9.25 $19.00 $19.76 - $20.25 $41.00
$9.26 - $9.75 $20.00 $20.26 - $20.75 $42.00
$9.76 - $10.25 $21.00 $20.76 - $21.25 $43.00
$10.26 - $10.75 $22.00 $21.26 - $21.75 $44.00
$10.76 - $11.25 $23.00 $21.76 - $22.25 $45.00
$11.26 - $11.75 $24.00 $22.26 - $22.75 $46.00
$11.76 - $12.25 $25.00 $22.76 - $23.25 $47.00
$12.26 - $12.75 $26.00 $23.26 - $23.75 $48.00
$12.76 - $13.25 $27.00 $23.76 - $24.25 $49.00
$13.26 - $13.75 $28.00 $24.26 - $24.75 $50.00
$13.76 - $14.25 $29.00 $24.76 - $25.25 $51.00
$14.26 - $14.75 $30.00 $25.26 or more $52.00

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

mitchellst@pue… Fri, 12/13/2019 - 04:13 PM

Title 05 - Business Licenses and Regulations

Title 05 - Business Licenses and Regulations
mitchellst@pue… Mon, 12/23/2019 - 03:21 PM

Chapter 5.04 - Liquor and Beer Licensing

Chapter 5.04 - Liquor and Beer Licensing

5.04.010 Purpose and Definitions.

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

5.04.020 Temporary Permits.

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

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

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

5.04.030 Oprtional Premises Licenses and Permits.

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

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

            1.         Country clubs;

            2.         Golf courses and driving ranges;

            3.         Ice skating areas;

            4.         Swimming pools;

            5.         Outdoor tennis courts and clubs; and

            6.         Equestrian centers. 

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

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

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

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

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

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

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

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

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

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

5.04.040 Tasting Permits.

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

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

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

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

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

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

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

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

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

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

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

5.04.050 Fees.

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

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

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

5.04.060 Neighborhood Designation.

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

5.04.070 Preliminary Investigation.

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

5.04.080 Application Requirements.

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

mitchellst@pue… Mon, 12/23/2019 - 03:24 PM

Chapter 5.08 MASSAGE PARLORS

Chapter 5.08 MASSAGE PARLORS

5.08.010 Fees

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

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

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

mitchellst@pue… Mon, 12/23/2019 - 03:25 PM

Chapter 5.12 MARIJUANA LICENSING

Chapter 5.12 MARIJUANA LICENSING

PART 1 – General Provisions

(Sections 5.12.010 through 5.12.060)

5.12.010 Authority and Scope.

  1. Establishment. These regulations were adopted pursuant to Resolution No. 20-009, of the Pueblo County Board of County Commissioners and replace the original Chapter 5.12 adopted by Resolution No. 11-139, and as subsequently amended.  The purpose of replacing prior regulations is to clarify the policy of Pueblo County in regulating Retail and Medical Marijuana Establishments.  The rights and obligations imposed on licensees or applicants prior to the adoption of these regulations shall remain unchanged.  The provisions of this Chapter 5.12 of the Pueblo County Code shall be known and may be cited as the Pueblo County Marijuana Code. 
  2. Authority. This Chapter is adopted pursuant to the provisions of the Colorado Medical Marijuana Code, Article 43.3 of Title 12, C.R.S., Section 16 of Article XVIII of the Colorado Constitution, and the Colorado Retail Marijuana Code, Article 43.4 of Title 12, C.R.S. It governs the operation of Retail Marijuana Establishments and Medical Marijuana Establishments within unincorporated Pueblo County and the authority of the Board, Hearing Officer, and the Licensing Agent when acting as the local licensing authority for retail marijuana or medical marijuana, as applicable, and as further described in Chapter 5.16 of the Pueblo County Code.
  3. Jurisdiction.  All persons who have submitted applications for Marijuana Establishments within unincorporated Pueblo County, all Approved Businesses, and all persons who have been approved or licensed in the past, as applicable, are subject to these regulations.  Noncompliance with any provision of this Chapter may constitute a violation. (Res. 20-009)

5.12.020 Definitions.

Unless otherwise defined herein, the terms in this Chapter shall have the same meaning as set forth in Sections 14 and 16 of Article XVIII of the Colorado Constitution, Article 43.3 and Article 43.4 of Title 12, C.R.S. and any rules promulgated pursuant thereto. The following words and phrases, when used in this Chapter, shall have the meanings respectively assigned to them:

  1. “Advertise, advertising or advertisement” means the act of drawing the public’s attention to a Medical or Retail Marijuana Establishment’s premise or name in order to promote the sale of marijuana or marijuana products.
  2. “Approved Business” means a licensee or a person or entity conditionally approved for licensure under this Chapter.
  3. “Colorado Marijuana Code” means both the Colorado Medical Marijuana Code and the Colorado Retail Marijuana Code as defined herein.
  4. “Colorado Marijuana Laws” means both the Colorado Marijuana Code and any associated rules and regulations promulgated by the Colorado Department of Revenue.
  5. “Colorado Medical Marijuana Code” means Section 14 of Article XVIII of the Colorado Constitution and Article 43.3 of Title 12 of the Colorado Revised Statutes, as amended and any rules promulgated pursuant thereto.
  6. “Colorado Retail Marijuana Code” means Section 16 of Article XVIII of the Colorado Constitution and Article 43.4 of Title 12 of the Colorado Revised Statutes, as amended and any rules promulgated pursuant thereto.
  7. “Hearing Officer” means the Hearing Officer selected by the Board of County Commissioners.
  8. “Licensing Agent” means the person designed by the Board of County Commissioners to process marijuana applications or, if no such person has been specifically designated, the Director of the Department of Planning and Development or his or her designee.
  9. “License” means to grant a license or registration pursuant to this Chapter.
  10. “Licensed Premises” means the premises specified in an application for a license under this Chapter, which are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, test, or sell marijuana in accordance with the provisions of this Chapter and in accordance with the provisions of the Colorado Marijuana Code and any rules adopted pursuant thereto.
  11. “Licensee” means a person licensed or registered pursuant to this Chapter.
  12. “Limited Access Areas” means and shall be a building, room or other contiguous area upon the licensed premises where marijuana is grown, cultivated, stored, weighed, displayed, packaged, sold or possessed for sale, under control of the licensee, with limited access to only those persons licensed by both the State Licensing Authority and the local Licensing Authority.
  13. “Location” means a particular parcel of land that may be identified by an address or other descriptive means.
  14. “Marijuana” means both Medical Marijuana and Retail Marijuana as those terms are defined herein.
  15. “Marijuana Establishment” means both a Medical Marijuana Establishment and a Retail Marijuana Establishment as those terms are defined herein.
  16. “Medical Marijuana” means marijuana that is grown and sold pursuant to the provisions of these regulations, the Colorado Medical Marijuana Code and Section 14 of Article XVIII of the Colorado Constitution.
  17. “Medical Marijuana Center” means a person licensed pursuant to this Chapter and pursuant to C.R.S. § 12-43.3-101, et seq., to operate a business as described in these regulations and as is further described in C.R.S. § 12-43.3-402 that sells medical marijuana to registered patients or primary caregivers as defined in Section 14 of Article XVIII of the Constitution of the State of Colorado, but is not a primary caregiver.
  18. “Medical Marijuana Establishment” means a medical marijuana center, medical marijuana-infused products manufacturing operation, optional premise cultivation operation, or a storage warehouse.
  19. “Medical Marijuana-Infused Product” means a product infused with medical marijuana that is intended for use or consumption other than by smoking, including, but not limited to edible products, ointments, and tinctures.
  20. “Medical Marijuana-Infused Products Manufacturer” means a person licensed pursuant to this Chapter and to C.R.S. § 12-43.3-101, et seq. to operate a business as described in these regulations and as is also described in C.R.S. § 12-43.3-404.
  21. “Openly and Publicly” for the purpose of consuming marijuana means on public property or a place of business open to the public without restrictions such as a restriction on age or a membership requirement.
  22. “Operating fees” means fees that must be paid by a Retail Marijuana Establishment licensee for the costs of administering and enforcing this Chapter.
  23. “Optional Premises” means the premises specified in an application for a medical marijuana center license with related growing facilities in Pueblo County, Colorado for which the licensee is authorized to grow and cultivate marijuana for a purpose authorized by Section 14 of Article XVIII of the Colorado Constitution.
  24. “Optional Premises Cultivation Operation” means a person licensed pursuant to this Chapter and the Colorado Medical Marijuana Code as defined therein.
  25. “Person” means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, Licensing Agent, or officer thereof; except that “Person” does not include any governmental organization.
  26. “Premises” means a distinct and definite location, which may include a building, a part of a building, a room or any other definite contiguous area.
  27. “Residential Area” means an area within an agricultural zone district consisting of parcels that are, by virtue of covenants on the land, part of or subject to the oversight of a common homeowners’ or property owners’ association.
  28. “Retail Marijuana” means marijuana that is grown, tested, manufactured, and/or sold pursuant to the provisions of these regulations, the Colorado Retail Marijuana Code and Section 16 of Article XVIII of the Colorado Constitution.
  29. “Retail Marijuana Cultivation Facility” means a person licensed pursuant to this Chapter and the Colorado Retail Marijuana Code as defined therein.
  30. “Retail Marijuana Establishment” means a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana product manufacturing facility, storage warehouse, or a retail marijuana testing facility as set forth in Section 16 of Article XVIII of the Colorado Constitution and as may be more fully defined in the Colorado Retail Marijuana Code.
  31. “Retail Marijuana-Infused Products Manufacturer” means a person licensed pursuant to this Chapter and the Colorado Retail Marijuana Code as defined therein.
  32. “Retail Marijuana Store” means a person licensed pursuant to this Chapter and the Colorado Retail Marijuana Code as defined therein.
  33. “Retail Marijuana Testing Facility” means a person licensed pursuant to this Chapter and the Colorado Retail Marijuana Code as defined therein.
  34. “School” means a public or private elementary, middle, junior high or high school.
  35. “State Licensing Authority” means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, testing and sale of marijuana in this State pursuant to the Colorado Marijuana Code.
  36. “Storage Warehouse” shall mean a premise permitted to store marijuana pursuant to this Chapter and the Colorado Marijuana Code as defined therein.
  37. “ZCRM” means a zoning compliance review-marijuana, which is required under Title 17 of this Code and necessary to determine whether a licensing application can be accepted consistent with the terms of section 5.12.070.A(2) of this Chapter. (Res. 20-009)

5.12.030 General Requirements.

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

    Unless specific provisions of this Chapter direct otherwise, the following rules shall apply to all applications made under this Chapter:

                   1. Applications shall be filed along with payment or proof of payment and held for a pre-acceptance review period not to exceed thirty days. Filed applications shall be complete. 

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

                   3. If, after review, an application is found to be incomplete, the Licensing Agent shall reject and return the application to the licensee or applicant. Such licensee or applicant shall be entitled to a refund of the application fee, but may permit the Licensing Agent to hold the deposited fee pending resubmission, if resubmission is permitted.

                   4. If after formal acceptance under paragraph 2 above, the Licensing Agent later discovers that the application is incomplete or otherwise deficient, the Licensing Agent shall permit the applicant or licensee to amend the application within thirty days without altering the accepted status of the application. If, however, the deficiency has not been cured within that time, the Licensing Agent shall reject and return the application.

                In addition, no change of licensed location application for a Medical Marijuana Optional Premises Cultivation or a Retail Marijuana Cultivation Facility operating at the same location under the provisions of section 5.12.130 shall be received, accepted or approved unless such application is to relocate both the Medical Marijuana Optional Premises Cultivation License and Retail Marijuana Cultivation Facility License to a new single location. (Res. 20-009, Res. 20-110)

Section 5.12.040 Types of Licenses.

  1. Local Retail and Medical Marijuana Establishment licenses shall be issued in addition to state licenses. The license types are as follows:
    1. Medical Marijuana Center License;
    2. Medical Marijuana Optional Premises Cultivation License;
    3. Medical Marijuana-Infused Products Manufacturing License;
    4. Medical Marijuana Testing Facility License;
    5. Medical Marijuana Transporter License;
    6. Retail Marijuana Store License;
    7. Retail Marijuana Cultivation Facility License;
    8. Retail Marijuana-Infused Products Manufacturing License;
    9. Retail Marijuana Testing Facility License;
    10. Retail Marijuana Transporter License;
    11. Storage Warehouse License.
  2. The acceptance of new applications for certain licenses may be restricted under Section 5.12.170.D and E of this Chapter.
  3. A license provided and issued pursuant to this Chapter shall specify the date of issuance, the date of approval, the period of licensure, which shall be one year from the date of approval or, if the approval order has been extended by the Board, one year from the date of such extension, the name of the licensee and the premises licensed.  The period of licensure for Retail Marijuana Transporter Licenses and Medical Marijuana Transporter Licenses shall be two years from the date of approval or, if the approval order has been extended by the Board, two years from the date of such extension. The licensee shall conspicuously place the license at all times on the licensed premises or upon an optional premises license pursuant hereto. (Res. 20-009)

5.12.050 Licensed Premises and Possession.

  1. Possession Generally.
    1. No application for a new license, for a change of location, or for a transfer of ownership shall be accepted unless the Licensing Agent receives sufficient proof that the business is in possession of the premises or will be entitled to possession of the premises for the entire period of the license.
    2. Unless a condition of approval provides otherwise, an approved applicant must at all times after approval maintain possession of the premises to be licensed.
    3. A licensee must maintain possession of its licensed premises at all times after licensure.  Possession is a prerequisite of licensure and any loss of possession while licensed invalidates the license.
    4. Loss of possession by licensees or approved applicants shall be addressed as provided in Section 5.12.160.B below.
  2. ZCRM.  No application for a new license or for change of location shall be accepted until the premises to be licensed has been approved by the Department of Planning and Development through the Zoning Compliance Review – Marijuana process, which is designed to establish whether the proposed establishment would comply with Pueblo County’s land use regulations under Title 17 of this Code. Any waiver of requirements pursuant to State laws or regulations issued by the State will not constitute a waiver of compliance requirements for local licensing purposes.
  3. Continuing Land Use Compliance. In addition to any specific licensing requirements imposed by this Chapter or by the Colorado Marijuana Laws, all applicants, approved applicants, and licensees shall remain in compliance with the requirements of Title 17 of the Pueblo County Code. Any waiver of requirements pursuant to State laws or regulations issued by the State will not constitute a waiver of compliance requirements for local licensing purposes.
  4. License Issuance.  In the event that the Local Licensing Authority approves an application for a new license or for a change of location, the license shall not issue until the building in which the business is to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with the applicable provisions of State law and regulations promulgated pursuant thereto and then only after the Local Licensing Authority has inspected the premises to determine that the applicant has complied with the architect’s or engineer’s drawing and the plot plan and an as-built drawing to be submitted by the applicant for the interior of the building as approved by the Pueblo Regional Building Department.
  5. Inspection. The licensed premises, including but not limited to any places where marijuana is grown, stored, cultivated, sold, tested or dispensed, shall be subject to inspection by the officers of Pueblo County and any other state or local law enforcement personnel during all business hours and other times of apparent activity, for the purpose of inspection or investigation.  The officers of Pueblo County may conduct unannounced or covert compliance inspections. For examination of any inventory or books and records required to be kept by the licensees, access shall be required during business hours.  Where any part of the licensed premises consists of a locked area, upon demand to the licensee, such area shall be made available for inspection without delay and, upon request by authorized representatives of the Local Licensing Authority, the licensee shall open the area for inspection.
  6. Modification of Licensed Premises. An Approved Business must receive permission from the Local Licensing Authority to modify its licensed premises. (Res. 20-009)

5.12.060 General Requirements of License.

  1. An Approved Business shall report each transfer or change of financial interest in the license to the Licensing Agent prior to any transfer or change.  The Approved Business must also report to the Licensing Agent, within one day of discovering the same, any act, omission, or change in circumstance that could reasonably appear to result in the violation of any provision of this Chapter or of any other state or local law.
  2. An Approved Business shall notify the Licensing Agent in writing within 10 days after an owner or officer ceases to manage, own or otherwise be associated with the operation. The owner or officer shall surrender his or her identification card to the State Licensing Authority on or before the date of notification.  An Approved Business shall also notify the Licensing Agent in writing of the name, address, and date of birth of an owner or officer within ten days of the new owner or officer begins managing, owning or being associated with the operation.
  3. An Approved Business shall, at all times, meet and comply with the following operating conditions and standards:
    1. An applicant or Approved Business shall not take any actions for which a license is required without holding both a valid license issued under this Chapter and a valid corresponding state license.
    2. No license otherwise approved pursuant to this Chapter shall issue until the license, application fees and any licensing or operating fees due to the State of Colorado and/or the County of Pueblo have been fully paid and received.
    3. Each licensee shall retain all books and records, including state METRIC reports, necessary to show fully the business transactions of the licensee for a period of the current tax year and the three immediately prior tax years. The same shall be available on demand to the officers of Pueblo County.
  4. Any Marijuana Establishment licensed pursuant to this Chapter may be required to demonstrate, upon demand by the Local Licensing Authority or by law enforcement officers, that the source and quantity of any marijuana found upon the licensed premises is in full compliance with any applicable State law or regulation.(Res. 20-009)

PART 2 – New Applications and Conditionally Approved Applicants

(Sections 5.12.070 through 5.12.090)

5.12.070 New Application - Standards of Approval.

  1. The standards set forth in this Section apply to New Applications, but some or all may also apply to other application types or to establish a violation in an enforcement action. In such cases, the applicability of this section shall be identified by reference in subsequent sections of this Chapter. For a New Application, the applicant bears the burden in demonstrating compliance with these standards for approval. 
  2. To approve a New Application, the Board must find as follows:
    1. The applicant is neither prohibited from holding a license under nor in clear violation of any provision of this Chapter or of the Colorado Marijuana Laws;
    2. The applicant is qualified to operate a marijuana establishment in compliance with the provisions of this chapter and the Colorado Marijuana Code and associated regulations;
    3. The operation of the proposed establishment is generally consistent with the nature of the neighborhood and will not adversely affect the public health, safety, or welfare of the neighborhood;
    4. The applicant has made no material misrepresentations on its application or other documents submitted or provided to the Licensing Agent in advance of the hearing or through evidence presented at the hearing itself;
    5. For any Retail Marijuana Store or Medical Marijuana Center, the new establishment would meet the reasonable requirements of the neighborhood and is consistent with the desires of the adult inhabitants, as demonstrated by petitions, remonstrances, or otherwise; and
    6. For an establishment located in a Residential Area, there is a desire among the owners and tenants for the establishment, as demonstrated by petitions, remonstrances, or otherwise.
  3. For any applicant that is required by the Licensing Agent to have a background check performed as a part of their local license application, the Board must find that the applicant is of good moral character. A finding that an applicant is not of good moral character must be based on the conviction of one or more felonies or crimes of moral turpitude, based on the requirements of C.R.S. § 24-5-101. If the Board determines an applicant is not of good moral character, it shall permit the applicant to present evidence to the contrary, at a subsequent date if necessary.
  4. Neighborhood. For purposes of paragraph 5 of subsection B above, the relevant neighborhood shall be determined in the same manner as provided in Chapter 5.04 of this Title. (Res. 20-009)

5.12.080 New Application - Restrictions - Procedures.

  1. Applicability of Section.  This section shall apply to applications for new licenses and to applications for change of location and its specific provisions may be made to apply by other provisions of this Chapter.
  2. Limitations on Accepting Application.  The Licensing Agent shall not accept and the Board shall not act upon an application that is restricted under Section 5.12.170 below.  The Licensing Agent shall not accept and the Board shall not act upon any application in until it is established that the applicant is in compliance with the requirements of Section 5.12.060 of this Chapter.
  3. General.  Each application and any supporting documentation or submittals shall be verified by the oath or affirmation of the persons submitting the application and any other person as may be prescribed by the State or Local Licensing Authority. An applicant shall file at the time of application for a license pursuant to this Chapter plans and specifications for the interior of the building if the building to be occupied is in existence at the time of the application. If the building is not in existence or alteration to the building is required at the time of the application, the applicant shall file a plot plan with the premise outlined in red and a detailed sketch for the interior and shall further submit an architect’s drawing of the building to be constructed. In addition, an applicant shall file the following at the time of application for a license pursuant to this Chapter.
    1. An operating plan for the proposed Marijuana Establishment including the following information:
      1. A description of the products and services to be provided by the facility.
      2. A floor plan showing all interior dimensions of the licensed premises and the layout of the Marijuana Establishment, including all limited access areas, areas of ingress and egress, and all security cameras.  Such floor plan shall also show the principal uses of the floor area depicted therein; For cultivation facilities, such floor plan shall distinguish all dimensions of areas in which plants are located;
      3. A description of the design of the establishment evidencing that the design conforms to applicable Pueblo County laws;
      4. A security plan indicating how the applicant intends to comply with the requirements of the Colorado Marijuana Code.
    2. A statement of whether or not any person holding any ownership interest has:
      1. Been denied an application for a Marijuana Establishment license by the state in this or any other jurisdiction or had such a license suspended or revoked; and
      2. Been convicted of a felony or has completed any portion of a sentence due to a felony charge within the preceding five (5) years.
    3. Proof that the applicant has completed and satisfied the Zoning Compliance Review as required by Title 17, Division I, Zoning of the Pueblo County Code.
    4. All licensing, operating, and other fees due and payable to operate a Marijuana Establishment as determined by the Local Licensing Authority.
    5. Any additional document(s) or information reasonably requested by the Local Licensing Authority.
  4. State Application. The state application shall be incorporated into the local application and, if the same has not been provided by the Colorado Marijuana Enforcement Division, the applicant must submit a copy of its state application along with its local application. Any representations made in the state application shall be considered as representations made to the Local Licensing Authority.
  5. Completeness.  After receiving an application for a new license, the Licensing Agent shall review the application for completeness. The Licensing Agent shall inform the applicant in writing of its determination on the question of whether or not the application is complete within thirty (30) days of its receipt of the application.   An applicant who has been denied a determination of completeness shall resubmit the application to correct any deficiencies in completeness no later than thirty (30) days after being informed of the denial. The Licensing Agent may deny the application of an applicant who fails to correct identified deficiencies within thirty (30) days after being informed of such deficiencies. Any applicant whose application has been rejected and who still intends to apply for a license under this Chapter is required to submit a new application, if permitted, with a new application date.
  6. Amendments. The Licensing Agent may permit amendments to a submitted application that are consistent with local restrictions on Marijuana Establishments, except that no amendment to change the applicant or license type or types listed in a submitted application shall be permitted.  If the Licensing Agent permits an amendment, the Licensing Agent is authorized to approve on behalf of the Local Licensing Authority any application or request to the State Licensing Authority to make the same change in the related state application or state license.
  7. Scheduling Hearing. Unless an application is approved directly by the Licensing Agent as provided in this Chapter, a public hearing shall be scheduled for every application for a new marijuana establishment license and for change of location.
    1. Timing. The Licensing Agent shall schedule a public hearing upon the application to be held not less than thirty (30) days after the date of the determination of completeness. Unless an applicant is able to demonstrate extraordinary circumstances, no hearing on an application for a new Retail Marijuana Establishment shall be held until the applicant has received its state license for the same.
    2. Public Notice.  The Licensing Agent shall post and publish public notice of such hearing not less than ten days prior to the hearing. Public notice shall be given by the posting of a sign in a conspicuous place on the premises for which application has been made and, further, by publication in a newspaper of general circulation in Pueblo County.  Notice given by posting shall include a sign, not less than 22” wide and 26” high, composed of letters not less than one inch in height and stating the type of license applied for, the date that the application has been determined to be complete, the date of the hearing, the name and address of the applicant and such other information as may be required to apprise the public of the nature of the application.  The sign shall also contain the names and addresses of the officers, Licensing Agents, or managers of the facility to be licensed.  The notice given by publication shall contain the same information.  If the building in which the marijuana is to be manufactured, cultivated, or sold is in existence at the time of the application, a sign shall be posted in such place so as to be conspicuous and plainly visible to the general public.  If the building is not yet constructed at the time of application, the applicant shall post a sign at the premises upon which the building is to be constructed in such a manner that the notice shall be conspicuous and plainly visible to the general public.
    3. Initial Findings. No less than five days prior to the date of a scheduled public hearing on a license application, the Licensing Agent shall issue a memorandum, based upon his or her investigation and review of the application to date, containing initial findings and recommendations concerning the requirements of and standards of approval for an application.  The memorandum shall be directed to the applicant and copies of the same shall be made available to members of the public who request it.  The memorandum shall not bind the Board, but, if the findings and recommendations are not rebutted, the Board may accept the memorandum as sufficient evidence to make a decision consistent with the Licensing Agent’s recommendation.
  8. Hearings.
    1. At a public hearing for an application submitted under this Chapter, the Board may consider the following evidence:
      1. The application;
      2. Information submitted by the applicant in connection with the application;
      3. Findings, reports, and other information submitted by staff; and
      4. Evidence presented at the hearing by staff, the applicant, persons associated with the applicant, persons in favor of the application and persons opposed to the application.
    2. Subject to the restrictions of this subsection B, an application for a new marijuana establishment license or for change of location may be approved by vote of the Board without opening or holding a hearing.  Any such approval may take place only at the meeting for which the hearing on the application is scheduled. The Chair of the Board shall announce each such application, and if any member of the public intending to oppose the application, any board member, or member of staff requests that a hearing be held, the hearing on the application shall be opened and held.
    3. A hearing must be opened and held for every application for a Medical Marijuana Center License, a Retail Marijuana Store License or any license to be located within a Residential Area.
  9. Written Decision. Within 40 days after the meeting, the Local Licensing Authority shall issue its decision approving or denying an application for local licensure.  The decision shall be in writing and shall state the reasons for the decision. The Local Licensing Authority shall send a copy of the decision by certified mail to the State and to the applicant at the address shown on the application.  Any decision approving a license application may include certain conditions imposed by the Local Licensing Authority in addition to compliance with all of the terms and conditions of this Chapter and compliance with State law and regulation. (Res. 20-009)

5.12.090 Conditionally Approved Applications.

  1. Privileges of licensure not vested.  An order of the Local Licensing Authority conditionally approving an application is not a license but only the right to a license once certain conditions have been met.  A conditionally approved applicant is not a licensee and may in no case exercise the privileges of licensure, including operating a licensed establishment or taking any other preliminary steps for which a license is required.
  2. Jurisdiction of Local Licensing Authority.  A conditionally approved applicant is subject to the jurisdiction of the Licensing Agent and Board and to investigation by Pueblo County, disciplinary actions before the Board, and any other requirements or procedures imposed by law or by order of the Board.  All rights conveyed through the Local Licensing Authority’s approval or conditional approval may be suspended or revoked through the same procedure, and with the same effect, as a license. 
  3. Violations and Administrative Revocation.  It shall be a violation of this section for a conditionally approved applicant to commit an act or omission, which, if committed by a licensee, would be a violation of any other provision of this Chapter or of the Colorado Marijuana Code.  Additionally, the Local Licensing Authority may also, without finding a violation, administratively rescind an approval order and revoke all rights conferred thereby if it finds that a circumstance necessary to its approval has materially changed or ceased to exist.  At any point prior to the issuance of the license, the Local Licensing Authority or the Licensing Agent, subject to approval by the Local Licensing Authority at its next meeting, may stay the issuance of a license if it reasonably appears that a conditionally approved applicant has violated or is being investigated for violating any provision of this Chapter or of the Colorado Marijuana Code, or if it reasonably appears that there are grounds to rescind the conditional approval order.
  4. Conditional Approval Extensions.  When any conditionally approved applicant requires an extension to complete an act required by its approval order, the Board may, unless this Code or the Colorado Marijuana Code require otherwise, extend the term of the order if the applicant requesting the extension demonstrates (1) the request was filed promptly after discovering the need for an extension, (2) the delay at issue was reasonably justified, and (3), the order has not expired and the applicant is in compliance with the terms and conditions of the order, of this Chapter, and of the Colorado Marijuana Code. Unless otherwise restricted by this Chapter, the Licensing Agent may administratively extend the term of an order by no more than thirty days to allow a request for an extension to be heard by the Local Licensing Authority at a future meeting. (Res. 20-009)

PART 3 – Other Application Types

(Sections 5.12.100 through 5.12.130)

5.12.100 Transfer of Ownership - Change of Owners - Change in Ownership Structure.

  1. A license or approval order granted under the provisions of this Chapter shall not be transferrable to any other bperson except as provided in this Chapter.  Furthermore, no change of owners or change in ownership structure for a licensed or approved business shall be permitted except as provided in this Chapter.
  2. For a transfer of ownership, change of owners, or change in ownership structure, a license holder shall apply to the State and local licensing authorities on forms specifically prepared and furnished for this purpose by the State Licensing Authority.  In determining whether to permit a transfer of ownership, the Local Licensing Authority must make the findings required in subsections B.1., B.2, and B.4. of section 5.12.070.  If an application made under this section proposes to change the name of the licensee or to transfer the license to a different person or entity, the Local Licensing Authority must also find that the renamed licensee or transferee is or will be entitled to possession of the licensed premises.
  3. The Local Licensing Authority may hold a hearing on an application submitted under this section.  No less than five days prior to the date of a hearing on an application submitted under this section, the Licensing Agent shall make known, based upon his or her investigation and review of the application to date, findings concerning the application. (Res. 20-009)

5.12.110 License Renewals.

  1. A licensee shall apply for the renewal of an existing license to the Local Licensing Authority not less than 45 days prior to the date of the expiration of the license. If a license expires after a renewal application has been accepted but before the application has been heard, the licensee may, unless the Licensing Agent determines otherwise, continue to operate until the Local Licensing Authority makes a decision. Except as hereinafter provided, the Local Licensing Authority shall not accept an application for renewal of a license after the date of expiration. The term of any renewed license shall commence upon the expiration of the previous license and remain in effect for one year from that date. IN the event a license is renewed after the expiration of the previous license, including by a late renewal application as provided in subsection F below, the term of the renewed license shall run from the date of renewal to the date one year following the date the previous license expired.
  2. The Licensing Agent or Local Licensing Authority may schedule a hearing on the application for renewal if it appears that one or more circumstances exist that may justify an adverse decision.  
  3. The Local Licensing Authority may refuse to renew a license if it finds one or more of the following:
    1. The licensee or applicant has violated, does not meet, no longer meets, or has failed to comply with any of the terms, conditions or provisions of this Chapter or of the Colorado Marijuana Laws;
    2. The licensee or applicant has failed to comply with any special terms or conditions that were placed on its license pursuant to an order of the State Licensing Authority or of the Pueblo County Liquor and Marijuana Licensing Board as the Local Licensing Authority; or
    3. The licensed premises have been operated in a manner that adversely affects the public health, safety or welfare or the safety of the immediate neighborhood in which the establishment is located.
  4. If the Local Licensing Authority finds after a hearing held pursuant to this section that there are grounds to refuse to renew, it may consider, except as otherwise required, the severity, frequency, and number of prior violations in deciding whether to refuse to renew the license.  
  5. In the event that a hearing is scheduled, notice of such hearing shall be posted on the licensed premises for a period of 10 days prior to the hearing and the applicant shall be notified of such hearing at least 10 days prior to the hearing. The hearing and the more specific requirements of notice shall comport with the other provisions of this Chapter concerning public hearings.  No renewal application shall be denied without a hearing. 
  6. Notwithstanding the provisions of the previous subsections of this Section, a licensee whose license has expired for not more than 90 days may file a late renewal application upon the payment of a nonrefundable late license fee of one thousand dollars ($1000.00) to the Local Licensing Authority.  A licensee who files a late renewal application and pays the requisite fee may continue to operate until the Local Licensing Authority has taken final action to approve or deny the licensee’s late renewal application.
  7. The Local Licensing Authority shall not accept a late renewal application more than 90 days after the expiration of the licensee’s permanent annual license. A licensee whose license has expired may not operate but may keep plants alive, if applicable, if the licensee intends to file a renewal application before the 90-day period ends. A licensee whose license has been expired for more than 90 days shall not, under any circumstances, cultivate, manufacture, distribute, test or sell any marijuana until a new required license has been obtained. (Res. 20-009)

5.12.120 Change of Licensed Location.

  1. A licensee or conditionally approved applicant within unincorporated Pueblo County may apply to the Local Licensing Authority to change the location previously applied for or approved for such license to any other place in unincorporated Pueblo County, but it shall be unlawful to cultivate, manufacture, distribute, test, store or sell medical or retail marijuana at any such place or location until express permission to do so is granted by the State and the Local Licensing Authority.
  2. To approve an application for change of location made under subsection A of this Section, the Local Licensing Authority must make the finding set forth in subsection B.1., B.3., B.4., and, if applicable, B.5 and/or B.6. of section 5.12.070.  The Local Licensing Authority shall also consider any specific condition or restriction placed upon the current license or approval order.
  3. Notwithstanding any provision of this Chapter to the contrary, no change of licensed location application for a Medical Marijuana Center License or a Retail Marijuana Store License operating at the same location under the provisions of section 5.12.130 shall be received, accepted or approved unless such application is to relocate both the Medical Marijuana Center License and the Retail Marijuana Store License to a new single location.  In addition, no change of licensed location application for a Medical Marijuana Optional Premises Cultivation or a Retail Marijuana Cultivation Facility operating at the same location under the provisions of section 5.12.130 shall be received, accepted or approved unless such application is to relocate both the Medical Marijuana Optional Premises Cultivation License and Retail Marijuana Cultivation Facility License to a new single location.
  4. Retail Marijuana Establishment licensee in any other Colorado jurisdiction seeking to transfer its state  license to a location in unincorporated Pueblo County must apply for a new Pueblo County license by submitting an application under Section 5.12.080 of this Chapter.  Such an applicant shall be treated as a new applicant under this Chapter for all purposes except that the applicant may submit its state application for change of location in place of a state application for a new license. It shall be unlawful for such an applicant to cultivate, manufacture, distribute, test, store or sell medical or retail marijuana at any such place or location until express permission to do so is granted by the State and the Local Licensing Authority. (Res. 20-009, Res. 20-110)

5.12.130 Dual Operation.

  1. A person who holds both a license to operate a Medical Marijuana Establishment and a license to operate a Retail Marijuana Establishment may operate both licenses in the same premises (“dual operation”) provided the licensee meets the requirements of the Colorado Marijuana Code and this Chapter.
  2. A medical marijuana center licensee may also hold a retail marijuana store license and operate a retail business operation on the same licensed premises provided that the licensee does not authorize patients under the age of 21 years to be on the premises. The licensee must post signage that clearly states “You must be 21 years of age or older to enter this premises.” The licensee may display both medical marijuana and retail marijuana on the same sale floor, provided the licensee maintains virtual separation of its inventory. A medical marijuana center that authorizes medical marijuana patients under the age of 21 years to be on the premises cannot share its premises with a retail marijuana establishment and the two shall maintain distinctly separate licensed premises.
  3. A medical marijuana optional premise cultivation operation licensee may also hold a retail marijuana cultivation license on the same premises. Persons operating dual medical and retail cultivation operations shall maintain virtual separation of the facilities, marijuana plants, and marijuana inventory.
  4. A medical marijuana-infused product manufacturer licensee may also hold a retail marijuana-infused product manufacturer license on the same premises. Persons operating a medical marijuana-infused products manufacturing business and a retail marijuana products manufacturing facility shall maintain virtual separation of the facilities, product ingredients, product manufacturing, and final product inventory. (Res. 20-009)

PART 4 – Enforcement

(Sections 5.12.140 through 5.12.150)

5.12.140 Unlawful Acts: License Violations.

  1. It is unlawful and a violation of the terms and conditions of every license issued under this Chapter to cultivate, manufacture, distribute, store, test or sell marijuana, except in compliance with the terms, conditions, limitations and restrictions in Sections 14 and 16 of Article XVIII of the State Constitution, the Colorado Marijuana Code, the provisions of this Chapter, and any conditions imposed on a license pursuant to this Chapter, and the provisions of the Pueblo County Code, Title 17, Division 1, Zoning.
  2. It shall be unlawful for any person to engage in any form of business or commerce directly involving the cultivation, processing, manufacturing, sale, or testing of marijuana other than those forms of businesses and commerce that are expressly contemplated by this Chapter and the Colorado Marijuana Code
  3. It shall be unlawful for any person to consume or to permit the consumption of marijuana on any Licensed Premises.
  4. It is unlawful and a violation of this Chapter for a Marijuana Establishment to operate until it has been licensed under this Chapter by the Local Licensing Authority and also licensed by the State Licensing Authority pursuant to the Colorado Marijuana Code.
  5. It is unlawful and a violation of this Chapter and, further, a violation of each license issued pursuant to this Chapter for a person or licensee to commit any act or omission which is unlawful pursuant to the Colorado Marijuana Code. In addition to the criminal penalties specified therein, any licensee who commits any acts that are unlawful pursuant to this Chapter and/or pursuant to the Colorado Marijuana Code shall be subject to a summary suspension, a suspension, fines, and/or a revocation of its license.
  6. In addition to any other civil or criminal sanction prescribed by Colorado law or rules promulgated pursuant thereto, the Local Licensing Authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the licensee shall be afforded an opportunity to be heard, to fine, restrict, suspend, revoke or rescind a license or order issued by the Local Licensing Authority for a violation by the licensee or by any of the agents or employees of the licensee of the provisions of this Chapter, the Colorado Marijuana Code and/or of any of the other terms, conditions or provisions of the license issued by the Local Licensing Authority.  
  7. Each person licensed pursuant to this Chapter shall keep and maintain all records specified in the Colorado Marijuana Code and shall make the same open, at all times, during business hours for the inspection and examination of the Local Licensing Authority or its duly authorized representatives.  A failure to maintain such records and to allow for inspection of the same as well as a failure to allow the inspection of the licensed premises by the Local Licensing Authority shall constitute a violation of this Chapter and such violation may, in the discretion of the Local Licensing Authority, form or constitute the basis for a summary suspension, a suspension, fines and/or revocation of the licensee’s license.
  8. No medical marijuana center or retail marijuana store approved pursuant to this Chapter may sell marijuana at any time except between the hours of 8:00am to 7:00pm for a medical marijuana center and between the hours of 8:00am to 11:00pm for a retail store, unless a more restrictive time is set by the Colorado Marijuana Code.
  9. All sales receipts at retail marijuana stores shall contain the Statement, “It is illegal to transfer or sell marijuana or marijuana products to anyone under the age of 21.”
  10. All Retail Marijuana Establishments shall post a sign in a conspicuous location stating:
    1. IT IS ILLEGAL TO SELL OR TRANSFER MARIJUANA TO ANYONE UNDER THE AGE OF TWENTY-ONE.
    2. IT IS ILLEGAL TO SEND OR TRANSPORT MARIJUANA TO ANOTHER STATE.
    3. THE POSSESSION OF MARIJUANA REMAINS A CRIME UNDER FEDERAL LAW.
  11. A Marijuana Establishment shall be equipped with a proper ventilation system that filters the odor of marijuana.
  12. It is a violation of the terms and conditions of every license issued under this Chapter for a Licensee to fail to comply with any regulation governing the collection and administration of any state or local tax, including the countywide sales and excise taxes proposed by Resolutions No. 13-186 and 15-203 and approved respectively by votes of the electors of Pueblo County.  If the Local Licensing Authority finds that a Licensee has violated this provision, it may impose all available sanctions, including revocation and sanctions specifically tailored to secure payment of any unpaid tax. (Res. 20-009, Res. 20-110)

5.12.150 Enforcement Division.

  1. The Enforcement Division, operating under the Department of Planning and Development, is recognized. The Division consists of the Marijuana Compliance Inspector and any other similar or support positions. The Division shall be represented by conflicts counsel in all proceedings before the Local Licensing Authority.
  2. The Enforcement Division is authorized to inspect licensed premises, or premises to be licensed, and to investigate any alleged violations arising under this Chapter or state law. Approved Businesses shall cooperate fully with any investigation. Failure to do so constitutes an independent violation of this Chapter.
  3. Violation proceedings may be initiated upon a finding of reasonable suspicion of one or more violations by either the Enforcement Division or the Liquor and Marijuana Licensing Board. In either case, a notice of hearing shall be set and a hearing before the Hearing Officer shall be set. Prior to the violation hearing, the Local Licensing Authority may summarily suspend the license if it finds that the alleged violations could affect public safety or, if the violation is for the failure to pay taxes, the Local Licensing Authority may summarily suspend the license until such time that the taxes owed are payed or the hearing takes place.  
  4. If a hearing is set under subsection C above, the licensee or approved applicant shall be notified by certified mail of the hearing and of the allegations no less than ten days in advance of the hearing.
  5. In deciding whether a license should be fined, suspended or revoked in accordance with this section, and in deciding what conditions to impose in the event of a suspension, if any, the Local Licensing Authority shall consider:
    1. The nature and seriousness of the violation;
    2. Corrective action, if any, taken by the licensee;
    3. Prior violation(s), if any, at the licensed premises by the licensee and the effectiveness of prior corrective action, if any;
    4. The likelihood of recurrence;
    5. All circumstances surrounding the violation;
    6. Whether the violation was willful;
    7. The length of time the license has been held by the licensee;
    8. The number of violations by the licensee within the applicable twelve (12) month period;
    9. Previous sanctions, if any, imposed against the licensee;
    10. Whether the licensee has a responsible vendor designation;
    11. Whether the licensee supports other local businesses including without limitation the display of local art or use of local ancillary businesses;
    12. Whether the licensee has contributed to or been involved in a charitable giving program; and
    13. Any other factor making the situation with respect to the licensee or the licensed premises unique.
  6. Notice of suspension or revocation shall be given by mailing the same in writing to the licensee at the licensee’s last address of record with the Local Licensing Authority.
  7. Except as set forth in Subsection O of this Section 5.12.140, any recommended stipulations or agreements between the licensee and the Local Licensing Authority shall be presented to the Local Licensing Authority at the hearing. The Local Licensing Authority in its discretion may:
    1. Accept such stipulation or agreement and dispense with the hearing;
    2. Allow limited testimony and evidence and, based thereon, accept such stipulation or agreement without a full hearing, or
    3. Reject the stipulation and require a full hearing.
  8. Stipulations regarding violations of these Regulations may be executed by the Pueblo County Land use and Marijuana Compliance Inspector and a Licensee without the approval of the Local Licensing Authority consistent wit the following:
    1. The Inspector may make determinations regarding the type of sanction to impose based upon the; severity of the violation and in conformance with the following categories of violations:
      1. License Infractions. This category of violation is the least severe and may include, but is not limited to, failure to display required badges, unauthorized modifications of the Licensed Premises of a minor nature, or failure to notify the Local Licensing Authority of a minor change in ownership. The range of penalties for this category of violation may include a verbal or written warning, or a fine per individual violation of up to one thousand dollars ($1000), depending on the mitigating and aggravating circumstances. Sanctions may also include restrictions on the license.
      2. License Violations. This category of violation is more severe than a license infraction but generally does not have an immediate impact on the health, safety and welfare of the public at large. License violations may include but are not limited to, advertising and/or marketing violations, packaging or labeling violations that do not directly impact consumer safety, failure to maintain minimum security requirements, failure to keep and maintain adequate business books and records, or minor or clerical errors in the inventory tracking procedures. The range of penalties for this category of violation may include a written warning or a fine per individual violation of up to five thousand dollars ($5000), depending on the mitigating and aggravating circumstances. Sanctions may also include restrictions on the license.
    2. In no event shall the Inspector enter into stipulations under this subsection with a Licensee more than three (3) times within a 1 (one) year period.
    3. In no event shall the Inspector enter into stipulations involving violations affecting public safety or violations having an immediate impact on the health, safety and welfare of the public at large, as generally described in the penalty provisions of rules promulgated by the State Licensing Authority.
    4. Stipulations shall be forwarded to the Local Licensing Authority for receipt and filing no later than ten (10) days after execution by the Licensee and Inspector.
    5. Nothing in this subsection shall preclude the Inspector from requesting that the Local Licensing Authority consider any alleged violation of these Regulations under Subsection F of Section 5.12.140 of this Code.
  9. Requests to pay a fine in lieu of serving a suspension period shall be heard by the Local Licensing Authority before the suspension period is set to begin.
  10. The remedies provided in this section are in addition to any other remedy provided by applicable law. (Res. 120-009)

PART 5 – Special Rules

(Sections 5.12.160 through 5.12.170)

5.12.160 Special Rules for Decisions by Licensing Agent.

In the event that the Licensing Agent does not approve or conditionally approve an application, the application shall be forwarded to the Board for consideration.

  1. Approval of Applications. In addition to any specific powers exercised by the Licensing Agent as provided in this Chapter or in Chapter 5.16, the Licensing Agent may, without a public hearing, approve or conditionally approve applications that would result in the following:
    1. Changing, Altering, or Modifying Licensed Premises;
    2. Change of Trade Name;
    3. Medical Marijuana Optional Premises Cultivation License at the same location as an existing Marijuana Establishment License;
    4. Medical Marijuana-Infused Products Manufacturing License in the same location as an existing Marijuana Establishment License but outside an area zoned A-1 or A-2;
    5. Retail Marijuana Cultivation Facility License in the same location as an existing Marijuana Establishment License;
    6. Retail Marijuana-Infused Products Manufacturing License in the same location as an existing Marijuana Establishment License but outside an area zoned A-1 or A-2;
    7. Storage Warehouse License in the same location as an existing Marijuana Establishment License.
  2. Loss of Possession.
    1. Loss of Possession Invalidates Licenses and Orders.  Subject to subsection 3 below, if the Licensing Agent or his or her designee sustains a finding that a licensee or approved applicant has lost of possession of its licensed premises or its premises to be licensed, the corresponding license or approval order shall be rescinded and deemed invalid. 
    2. Showing Cause to Licensing Agent.  In the event the it reasonably appears to the Licensing Agent, his or her designee, or the Marijuana Compliance Inspector, or such similar position, that a licensee or approved applicant has lost possession of the licensed premises or premises to be licensed, then the same official may send a notice by certified mail requiring the Approved Business to show cause within five (5) business days as to why the license should not be rescinded for loss of possession.  The Approved Business shall show cause in writing or before the Licensing Agent in person.
    3. Stay of Rescission.  If a finding of loss of possession is sustained, the Licensing Agent or his or her designee may stay the rescission of the license or approval order if the Approved Business demonstrates that: (1) the loss of possession of its licensed premises or premises to be licensed was the result of extraordinary circumstances beyond the control of a reasonably prudent business or approved applicant; and (2) the licensee or applicant will either regain possession of the premises within thirty days or secure possession of new and appropriate premises within thirty days.  The Approved Business bears the burden of justifying a stay and of complying with any conditions of the stay.  In addition, the Licensing Agent may stay the recession of any license or approval order if the Approved Business applied for a change of location prior to the loss of possession.
    4. Effect of Rescission.  The rescission of a license or approval order under this Section 5.12.210 shall not constitute a violation under Section 5.12.140 of this Code, but nothing shall prevent the Marijuana Compliance Inspector from electing to seek a finding of a violation under Section 5.12.140 for loss of possession instead of seeking rescission under this Section 5.12.210. (Res. 20-009)

5.12.170 Special Rules on Operations and Incomplete Applications.

  1. The Local Licensing Authority in its discretion may revoke or elect not to renew any license if it determines that the licensed premises have been inactive, without good cause, for a period of at least one year.
  2. The Licensing Agent may deny the application of an applicant who fails to correct identified deficiencies within thirty (30) days after being informed of such deficiencies. Beginning August 30, 2019, any application that has been incomplete for more than one year after submission, including applications submitted before that date, shall be rejected automatically and lose any priority or other benefit that may have attached to the application as a result of its date of submission or otherwise.
  3. Restrictions on New Stores and Centers. Until January 1, 2021, the Local Licensing Authority shall not receive or accept applications for a new Retail Marijuana Store or Medical Marijuana Center. Notwithstanding anything herein to the contrary, a person who is operating in good standing a licensed Medical Marijuana Center located in Pueblo County may apply for a Retail Marijuana Store License for operation in the same licensed premises as such Medical Marijuana Center pursuant to Section 5.12.120.  In addition, a person who is operating in good standing a licensed Retail Marijuana Store located in Pueblo County may apply for a Medical Marijuana Center License for operation in the same licensed premises as such Retail Marijuana Store pursuant to Section 5.12.130.
  4. Restrictions on New Cultivations. Until January 1, 2021, the Local Licensing Authority shall not receive or accept applications for either a new Retail Marijuana Cultivation Facility or a new Medical Marijuana Optional Premises Cultivation Facility, except that a person who is operating in good standing under a Medical Marijuana Optional Premises Cultivation Facility License may apply for a Retail Marijuana Cultivation Facility License for operation in the same licensed premise pursuant to Section 5.12.130. Likewise, a person who is operating in good standing under Retail Marijuana Cultivation Facility License may apply for a Medical Marijuana Cultivation Facility License for operation in the same licensed premises pursuant to Section 5.12.130.
  5. Restriction on the Expansion of Licensed Premises. Until January 1, 2021, no application for modification of premises of any Retail Marijuana Cultivation Facility, Retail Marijuana Store, Medical Marijuana Optional Premises Cultivation Facility, or Medical Marijuana Center shall be accepted, received or approved if such application would expand the total area of the Licensed Premises. (Res. 20-009, Res. 20-110)

PART 6 – Fees and Miscellaneous

(Sections 5.12.180 through 5.12.190)

5.12.180 Fees.

  1. Operating fees and all other fees necessary for the administration, regulation, and implementation of this Chapter are as follows:
    1. Initial Operating Fees
      1. Medical Marijuana Center: $5000
      2. Medical Marijuana Optional Premise Cultivation Facility: $4000
      3. Medical Marijuana Infused Product Manufacturing Facility: $4000
      4. Retail Marijuana Store: $5000
      5. Retail Marijuana Cultivation Facility: $4000 plus:
        1. Licenses that are State Tier 1: $1500
        2. Licenses that are State Tier 2: $2300
        3. Licenses that are State Tier 3: $3000
        4. Licenses that are State Tier 4: $4500
        5. Licenses that are State Tier 5: $6500
        6. Licenses that are over State Tier 5: $800 for each additional tier of 3,600 plants over State Tier 5
      6. Retail Marijuana Infused Product Manufacturing Facility: $4000
      7. Medical Marijuana Testing Facility: $1500
      8. Retail Marijuana Testing Facility: $1500
      9. Medical Marijuana Transporter: $4400
      10. Retail Marijuana Transporter: $4400
      11. Storage Warehouse: $1500
    2. Administrative Operating Fees
      1. Change of location applications and transfer of ownership applications shall be treated as initial applications and the applicable initial operating fees shall apply.
      2. Change of Trade Name Fee: $50
      3. Change of Ownership Fee: $250
      4. Modification of Premise Fee: $250, plus any applicable operating fee if the application is made for a Retail Marijuana Cultivation Facility and there is a change in State Tier level.
    3. Annual Renewal Fees
      1. Medical Marijuana Center: $5000
      2. Medical Marijuana Optional Premise Cultivation Facility: $4000
      3. Medical Marijuana Infused Product Manufacturing Facility: $4000
      4. Retail Marijuana Store: $5000
      5. Retail Marijuana Cultivation Facility: $4000 plus:
        1. Licenses that are State Tier 1: $1500
        2. Licenses that are State Tier 2: $2300
        3. Licenses that are State Tier 3: $3000
        4. Licenses that are State Tier 4: $4500
        5. Licenses that are State Tier 5: $6500
        6. Licenses that are over State Tier 5: $800 for each additional tier of 3,600 plants over State Tier 5
      6. Retail Marijuana Infused Product Manufacturing Facility: $4000
      7. Medical Marijuana Testing Facility: $1500
      8. Retail Marijuana Testing Facility: $1500
      9. Medical Marijuana Transporter (2-year):$4400
      10. Retail Marijuana Transporter (2-year): $4400
      11. Storage Warehouse: $1500
  2. Tier levels are based on the State Tiers and shall always correspond with the Tier level that the applicant currently has with the State. If, at any time prior to a renewal application, a licensee increases their Tier level they shall be required to file a modification of premises with the Local Licensing Authority and pay the difference in fees between the new higher Tier and the previous lower Tier. If a licensee increases their Tier level at the time they submit a renewal application, they may do so through the renewal application and only pay the Tier level fees associated with the renewal application. If a licensee lowers their Tier level prior to a renewal application, they shall not have any claim to a refund of previously paid fees.
  3. The Licensing Agent shall have the discretion to waive a renewal inspection and the additional tiered fee for a renewal application if the licensee has had an inspection performed as the result of a modification of premises application or a change of location application within 60 days prior to the date of license expiration. If the renewal inspection is not waived for any reason, then the licensee must pay the tiered fee with the renewal application. The licensee must always pay the initial renewal application fee even if the tiered fee is waived. The Licensing Agent shall not waive a renewal inspection or tiered fee for any other reason, even if an inspection was performed within 60 days prior to the date of license expiration.
  4. At least annually, the amount of fees charged pursuant to this section shall be reviewed by the Budget and Finance Office and, if necessary, adjusted to reflect the direct and indirect costs incurred by the County in connection with the administration and enforcement of this chapter. The Local Licensing Authority by rule or regulation shall set the due dates for any fee due pursuant to this section. (Res. 20-009)

5.12.190 Miscellaneous. 

  1. Storage Warehouse.  Any person licensed pursuant to this Chapter may operate a storage warehouse for medical and/or retail marijuana provided they meet all the requirements of the Colorado Marijuana Code and the storage warehouse is proposed to be located in place where warehouses are permitted pursuant to Title 17, Division 1, Zoning. (Res. 13-216)
  2. Marijuana Accessories. Any person twenty-one years of age or older is hereby authorized to manufacture, possess, distribute, sell or purchase marijuana accessories in conformance with Section 16 of Article XVIII of the Colorado Constitution, provided they meet all applicable state or local laws.
  3. Severability. If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Chapter that can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable. (Res. 20-009)
mitchellst@pue… Mon, 12/23/2019 - 03:27 PM

Chapter 5.16 - Liquor and Marijuana Licensing Board

Chapter 5.16 - Liquor and Marijuana Licensing Board

5.16.010 Licensing Authority.

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

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

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

5.16.020 Licensing Board.

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

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

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

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

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

5.16.030 Hearing Officer.

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

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

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

            2. Any hearing set for a license renewal application.

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

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

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

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

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

5.16.040 Licensing Agent.

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

5.16.050 Final Decisions,

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

 

 

mitchellst@pue… Mon, 12/23/2019 - 03:29 PM

Title 06 - Animal Control

Title 06 - Animal Control
mitchellst@pue… Mon, 12/23/2019 - 03:31 PM

Chapter 6.04 - Animal Control

Chapter 6.04 - Animal Control

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

"Animal" shall mean all warm-blooded domesticated mammals including both male or female, whether sterilized or not sterilized.

“Cat” shall include both male and female whether neutered or sterilized.

"Containing device" means a pen, cage, motor vehicle, or similar device which is capable of holding a dog(s) within.

"Control" means the physical restraint of a dog by use of a leash or a containing device or under the direct control of a human being.

“Direct Control,” over a dog, means control to such a degree that a dog will respond in immediate obedience to its trainer, keeper or owner and that such a dog is prohibited from entering private property.

"Dog" includes both male or female whether neutered or sterilized.

“Enforcement Agent/License Officer” means the City Manager of the City of Pueblo, Colorado, or his designee, any City of Pueblo Animal Control Officer, the Pueblo County Sheriff or any Pueblo County Sheriff’s Deputy or any other person designated by the Board of County Commissioners of Pueblo County, Colorado.

"Fence" means any enclosing structure of whatever construction of sufficient strength and dimension to prevent a dog from straying from within.

"Leash" means a thong, cord, rope, chain or similar device which is capable of restraining a dog.

"Livestock" means any bovine animal, horse, mule, ass, sheep, goat, fowl or swine.

"Lot or parcel of land" means any area of land in Pueblo County under one ownership as shown on the last Assessor’s roll of Pueblo County, or any area of land under the legal control of any person.

"Owner" means any person, partnership or corporation, owning any dog(s) or cat(s), or having the same in his, her or its care, custody or control; or who shall cause, encourage or allow any dog(s) or cat(s) to remain on or about their premises for a period of three days or more.

"Person" means any individual, partnership, corporation, firm or association. For purposes of this chapter, all members of one household shall be considered as one person.

"Premises" means any real property owned, rented, leased, used, kept or occupied by a person or persons, a partnership, corporation, or governmental unit howsoever described.

"Running at large" means off the premises, lot or parcel of land of the owner, and not under the direct control of the owner. For purposes of this chapter, a dog within the automobile or other vehicle of its owner or other authorized person shall not be deemed to be running at large. Running at large shall include any dog who is not in the control of a human being, either directly by the physical and reasonably proximate accompaniment of a person, or indirectly by the use of a containing device.

"Vaccination" means the inoculation of a dog or cat with a vaccine approved by the Colorado Department of Health for use in the prevention of rabies.

"Vicious dog" means any dog that, without provocation, bites or attacks a human being or other animal either on public or private property, or any dog, that in a vicious or terrorizing manner, approaches any human being in an apparent attitude of attack upon the streets, sidewalks, or public grounds or places.

"Working dog" means any dog actually working livestock, locating or retrieving wild game in season for a licensed hunter, or assisting law enforcement officers, or while actually being trained for any of these pursuits while under the direct control of a human being. (Res. 18-026 (part); Res. 05-115 (part); Res. 01-154 (part); Res. 02-242 (part); Res. 92-396 § 1(D))

A. Every owner of a dog or cat four months old or older within Pueblo County, Colorado, shall have such dog or cat vaccinated against rabies by a licensed veterinarian. If a dog or cat four months old or older whose owner is a nonresident shall remain in the unincorporated areas of Pueblo County or the Towns of Rye and Boone more than thirty (30) days, such dog or cat shall be vaccinated in accordance with the provisions of this chapter. It is unlawful for any dog or cat owner required by this section to fail to have the dog or cat vaccinated.

B. A veterinarian, with the written consent of an animal’s owner, may issue a written exemption waiving the requirement that an animal be vaccinated from rabies if the veterinarian, in his or her professional opinion, determines that the rabies vaccination is contraindicated due to the animal’s health.

C. A valid veterinary-client-patient relationship, as defined under C.R.S. § 12-64-103 (15.5), must have been established between the veterinarian, owner, and animal in order for a veterinarian to issue a written exemption.

D. Upon vaccination, the veterinarian administering the vaccine shall execute in triplicate a signed vaccination certificate upon forms approved by the Enforcement Agent/License Officer. The certificate shall contain the following information:

  1. The name, address and telephone number of the owner of the vaccinated dog or cat;
  2. The date of vaccination;
  3. The breed, age, color and sex of the vaccinated dog or cat;
  4. The expiration date of vaccination; and
  5. The number of the vaccination tag issued.

The veterinarian shall deliver a copy of the certificate to the owner, retain the original for his or her files, and send a copy to the Enforcement Agent/License Officer. It is unlawful for any owner of any dog to fail or refuse to exhibit his or her copy of the vaccination certificate upon demand to any person charged with the enforcement of this chapter.

E. If the veterinarian determines that an exemption to the requirement for rabies vaccination is appropriate, the veterinarian shall complete and sign the veterinary section of the Exemption from Rabies Vaccination Form available for download from Colorado Department of Public Health and Environment. The animal owner shall sign the informed consent section of the Exemption from Rabies Vaccination Form.

F. The veterinarian shall keep a copy of each signed Exemption from Rabies Form in the animal’s medical record and provide a copy to the animal’s owner. The veterinarian shall send a copy of the Exemption from Rabies Vaccination Form to the Shelter Operator. It shall be unlawful for any owner of any dog or cat to fail or refuse to exhibit his or her copy of the Exemption from Rabies Vaccination Form upon demand to any person charged with enforcement of this Chapter.

G. Any exemption issued pursuant to this Section may not exceed a period of three years from the date of issuance. If the medical condition exists beyond a three-year period, and in the professional opinion of a veterinarian licensed in the State of Colorado, the exemption continues to be appropriate, a new waiver may be issued.

H. A veterinarian supplying a waiver exempting an animal from a rabies vaccination, the veterinarian’s assistants and employees, the County, and any person enforcing this Section 6.04.020 shall not be liable for any subsequent accident, disease, injury, or quarantine that may occur as a result of an animal exempted from a rabies vaccination.

I. Upon vaccination, the vaccinating veterinarian shall issue to the owner of the vaccinated dog or cat a vaccination tag furnished by the Enforcement Agent/License Officer. The tag shall be serially numbered. It is unlawful for the owner of a vaccinated dog or cat to fail to attach and keep attached the vaccination tag to a collar, harness or other device; and such collar, harness or other device shall be physically worn by the vaccinated dog or cat at all times. In the event of a loss of a vaccination tag by a dog or cat owner, the owner shall return to the vaccinating veterinarian who shall issue a new vaccination tag and vaccination certificate to the owner. The tag and certificate shall be valid for the unexpired remainder of the lost tag’s term. The issuance of said certificate shall in all other manners conform to the provisions of subsection D of this section.

J. All dogs and cats must have a current vaccination. The shape of the vaccination tag issued in any calendar year shall not be used for vaccination tags issued in the subsequent four calendar years. Dog or cat vaccinations are not transferable, and it is unlawful for any person to attach any vaccination tag to any animal other than the animal for which such tag was originally issued. It is also unlawful for any person to make use of or have in his or her possession, or under his or her control, a stolen, counterfeit or forged dog or cat vaccination tag or vaccination certificate. (Res. 11-108 § 1; Res. 05-115 (part); Res. 01-154 (part); Res. 92-396 § 2)

A. Whenever the Board of County Commissioners, upon recommendation of the Pueblo City-County Health Department, shall apprehend the danger of rabies in the county, it shall issue a proclamation requiring every person owning a dog, cat, or other animal to confine it securely on his or her premises unless such dog, cat, or other animal shall be leashed and shall have a muzzle of sufficient strength to prevent its biting any person or animal. Any dog running at large or cat found at-large during the pendency of such proclamation shall be seized and impounded by the Enforcement Agent/License Officer.

B. Any person having knowledge of a dog or cat bite shall immediately report the incident to the Pueblo City-County Health Department, Animal Control Officer, Pueblo County Sheriff’s Department, or Enforcement Agent/License Officer. Any dog or cat which has bitten a person shall be observed for a period of fourteen (14) days from the date of the bite. The procedure and place of observation shall be designated by the investigating officer. If the dog or cat is not confined to the owner’s premises, confinement shall be in the Pueblo Animal Shelter or at any veterinary hospital of the owner’s choice. Such confinement shall be at the expense of the owner. Stray dogs or cats whose owners cannot be located shall be confined in the Pueblo Animal Shelter. The owner of any dog or cat that has been reported as having inflicted a bite on any person shall, upon demand, produce the dog or cat for quarantine as prescribed in this section. Refusal to produce the dog or cat constitutes a violation of this section, and each day of such refusal shall constitute a separate and individual violation hereof. It is unlawful for any person to remove from any place of confinement any dog or cat which has been isolated or quarantined as authorized by this section without the prior written consent of the impounding agency. (Res. 05-115 (part); Res. 92-396 § 3)

A. It shall be unlawful for any dog to run at large without the accompaniment of the owner or person having custody of the dog, and being competent to restrain such dog, within the county of Pueblo and the Towns of Rye and Boone, except those portions of the county which are in the city limits of any incorporated municipality within Pueblo County. A dog shall be deemed to be running at large when off or away from the premises, lot or parcel of land of its owner or person having custody of the dog, and not under the control of such owner or person. A dog found running at large, and not in the control of such owner or person, shall be impounded by the Enforcement Agent/License Officer. Additionally, dogs injured on public property shall be impounded and given adequate veterinary medical treatment pending notification of the owner of the dog.

B. It shall be deemed that a dog is not under the control of its owner, and is running at large, when the dog inflicts damage or injury to the person or property of another or is harassing, chasing or attacking people, livestock (or worrying livestock as defined in Section 35-43-126, C.R.S.), or wildlife, except in the defense of the owner or person having custody of the dog, their family, or property.

C. Any unspayed female dog in the stage of estrus (heat) shall be confined during such period of time in a secure structure or enclosure of sufficient construction so as to prevent other dogs from gaining access to the confined dog; provided, however, that this subsection shall not operate to prohibit the controlled breeding of such dog with another dog if the owner of such other dog consents to the breeding of the dogs. The owner or any person having custody of any such dog who fails to confine the same as required by this section may be ordered by an Enforcement Agent/License Officer to have the dog confined in a boarding kennel, veterinary hospital, or animal shelter. All expenses of such confinement shall be the sole responsibility of the owner or any person having custody of the dog.

D. It shall be unlawful for any vicious dog to be outside of the fenced confines of the owner’s premises, lot or parcel of land, unless such dog is muzzled and upon a leash and under the immediate supervision and control of a person capable of handling such dog. It is unlawful for the owner or any person having custody of a dog to place or maintain any dog which has been trained to attack in any area for the protection of persons or property unless the dog is physically confined to a specific, limited area or is under complete and absolute physical control. Any area, premises, lot, or parcel of land upon which a guard dog is confined shall be conspicuously posted with warning signs bearing letters of not less than two inches in height, which signs shall state “WARNING: ATTACK DOG ON PREMISES.” For purposes of this subsection, “guard or attack dog” means any dog, which has been trained to attack in any area for the protection of persons or property.

E. It is unlawful for the owner or any person having custody of a dog to keep or permit upon any premises, lot or parcel of land in the unincorporated areas of Pueblo County and the Towns of Rye and Boone, any dog which by any sound, or cry, or offensive odor disturb the peace and comfort of any neighborhood, or in any other manner present a nuisance or menace to the public health or safety.

For the purposes of this section, it shall be presumed that the barking, whining, howling, baying or crying of any dog continuously for a period of time in excess of five minutes or intermittently for a period of time in excess of one hour, which is plainly audible from neighboring properties constitutes a nuisance. The presumption may be rebutted by evidence that such barking, whining, howling, baying or crying was caused, at the relevant time, by either taunting of the dog by a person or persons other than the owner, or a person in control of the dog, injury to the dog, trespass upon the premises where the dog is kept, or other such evidence.

F. The control provisions of this chapter shall not apply to dogs while actually working livestock, locating or retrieving wild game in season for a licensed hunter, or assisting law enforcement officers, or while actually being trained for any of these pursuits under the direct control of a human being. (Res. 05-115 (part); Res. 01-154 (part); Res. 92-396 § 4)

It shall be unlawful for any person to commit or to assist another in committing any act of cruelty, harassment, abandonment or torture to any animal, or to cause such animal to be wounded, mutilated, strangled or inhumanely killed.  For the purpose of this Section, act of cruelty shall include but not be limited to beating, mistreating, tormenting, overloading, overworking, neglecting, failing to adequately feed or otherwise abusing any animal.  It shall also be unlawful for any person to cause, instigate or permit any dog fight or combat between animals or between animals and humans. Any person who violates this provision shall be guilty of a Class 1 petty offense and, upon conviction, shall be punished by a fine of not more than three hundred dollars ($300.00), or by imprisonment in the county jail for not more than ninety (90) days, or both by such fine and imprisonment for each separate offense in conjunction with the requirements of Section 6.04.060 of Chapter 6.04 of the Pueblo County Code. (Res. 18-026)

A. Those individuals defined as "enforcement agents/license officers" in Section 6.04.040 shall have the nonexclusive authority to enforce the provisions of this chapter, and within the meaning of Section 30-15-102(3), C.R.S., as amended, shall be considered County Animal Control Officers. Whenever a County Animal Control Officer has probable cause to believe that a violation of Section 30-15-102(2), C.R.S., has been committed or has personal knowledge of any other violation of Section 30-15-101, et seq., C.R.S., or of this chapter, he or she may issue a citation or summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of the charge to the violator.


B. An animal shelter shall be provided for the purpose of boarding and caring for any dog or cat impounded under this chapter and such shelter shall be constructed to facilitate cleaning and sanitizing and shall provide fenced runs and adequate heating, food and water supply.

C. It shall be the duty of any Enforcement Agent/License Officer to seize and impound in the Pueblo Animal Shelter any and all dogs found running at large without the accompaniment of the owner or any other person having direct control of the dog within the unincorporated area of Pueblo County, Colorado, including the Towns of Rye and Boone. If any dog is found running at large or off the premises, lot or parcel of land of the owner or any person having custody of the dog in violation of this chapter, or when any such dog is followed back to the premises, lot or parcel of land, it may be taken up and impounded and/or the owner or person having custody of the dog may be fined as provided herein. Those persons who have the authority to enforce the provisions of this chapter may pursue any dog running at large across private property without liability for trespassing.

D. As soon as is practical after the impoundment of any dog or cat, notice of the impoundment shall be posted in a conspicuous place at the animal shelter for five (5) consecutive days. If the owner or person having custody of the impounded dog or cat can be determined by examination of vaccination tags or from other identifying tags or markings, immediate notice shall be given to said owner or person. Any impounded dog or cat may be redeemed by the owner or person having custody thereof upon payment of the impound fee, care and feeding charges, veterinary charges, if any, and such other charges as are periodically set by the City of Pueblo or designated Shelter Operator. If the dog or cat has not been vaccinated for rabies and is required by the provisions of this chapter to be so vaccinated, the owner or person having custody of the dog or cat shall not be given custody of the dog or cat until steps are taken to so vaccinate the dog or cat. The following redemption amounts shall be charged:


1. For impounding any animal, thirty dollars ($30.00) for the 1st offense, forty dollars ($40.00) for the 2nd offense, and sixty dollars ($60.00) for the 3rd offense and any subsequent offenses in any twelve month period.


2. In addition, for the care and feeding of any dog or cat, ten dollars ($10) per day and for any dog or cat quarantined at the shelter, the care and feeding shall be fifteen dollars ($15) per day.  

If a dog or cat is not redeemed within five (5) days after the receipt of notice by the owner or within five (5) days after impoundment if the owner cannot be determined, the dog or cat shall be deemed abandoned and may at once be put up for adoption in accordance with the normal procedures of the Pueblo Animal Shelter. Upon adoption and payment of any adoption fee, and execution by the purchaser of a written promise to have the animal spayed or neutered, the animal shall be released to the purchaser and the purchaser shall be provided with a spay/neuter certificate which shall state the name of the purchaser, the date of purchase and a description of the animal. Any dog or cat which has not been redeemed or adopted within a reasonable time, or any dog or cat which is ill or in pain as determined by the director of the Pueblo Animal Shelter, may be humanely destroyed under the direction of the director of the Pueblo Animal Shelter, and removed and buried or cremated; provided, that no dog or cat shall be put up for adoption or destroyed until the owner has been notified either orally or in writing, if the whereabouts of such owner are known or can be ascertained from a license tag or other identification found on the dog or cat. Any humane destruction of a dog or cat based upon its infection with rabies or other infectious or contagious disease shall be done only upon the recommendation of a licensed veterinarian.

E. Nothing contained in this chapter shall be construed so as to hold the City of Pueblo 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, or for any accident or subsequent disease that may occur to a dog or cat in connection with the administration and enforcement of this chapter.

F. No person shall interfere with or hinder the Board of County Commissioners or its 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 herein.  (Res. 11-48 (part) Res. 05-115 (part); Res. 01-154(part); Res. 04-147; Res. 92-396 § 5)

A. Any person who violates any provision of this chapter not involving bodily injury to any person shall be guilty of a Class 2 petty offense and, upon conviction, shall be punished by a fine of not more than three hundred dollars ($300.00), or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment for each separate offense.

B. The Board of County Commissioners of Pueblo County, Colorado, adopts the penalty assessment procedure set forth in Section 16-2-201, C.R.S., as amended, and any Enforcement Agent/License Officer enforcing the provisions of this chapter may follow the penalty assessment procedure for any violation of this chapter constituting a Class 2 petty offense. The following shall be the schedule of fines imposed for violations of the provisions of this chapter constituting a Class 2 petty offense:

First offense, twenty-five dollars ($25.00);

Second offense, fifty dollars ($50.00);

Third offense, one hundred dollars ($100.00);

Fourth offense, two hundred dollars ($200.00);

Five or more offenses, three hundred dollars ($300.00) each.

C. Any person who violates any provision of this chapter involving bodily injury to any person by a dog shall be guilty of a Class 2 misdemeanor and, upon conviction, shall be punished as provided in Section 18-1-106, C.R.S., for each separate offense as is provided below:

Minimum sentence, three months imprisonment or two hundred fifty dollar ($250.00) fine, or both.

Maximum sentence, twelve (12) months imprisonment or one thousand dollar ($1,000.00) fine, or both.

D. All fines and forfeitures connected with any violation of this chapter, and all moneys collected by or on behalf of Pueblo County for licenses or otherwise shall be paid over to the Pueblo County Treasurer immediately upon the receipt thereof by the individual or entity receiving such moneys. Upon receipt of such moneys, the Pueblo County Treasurer shall deposit the same into the County General Fund. (Res. 92-396 § 6)

A. It shall be unlawful and a violation under Section 6.04.060 of this Chapter 6.04 for any person to own, keep, or harbor a dog or cat over the age of six (6) months within Pueblo County without obtaining a license for such dog or cat.

B. This Section shall not apply to dogs or cats;

  1. Temporarily within Pueblo County for not more than thirty (30) days;
  2. Located in licensed pet shops or at licensed dog racing facilities; or
  3. Held for redemption or sale by a licensed animal shelter. (Res. 09-141)

A. Applications for licenses shall be made on forms furnished by the License Officer.

B. Upon presentation of an application together with a copy of the vaccination certificate or the Exemption from Rabies Vaccination Form issued for the dog or cat, pursuant to Section 6.04.020, to the License Officer, or a veterinarian or licensed animal shelter, designated in writing by the License Officer, and payment of the appropriate license fee, a license receipt for the dog or cat and tag bearing a number corresponding to that of the receipt shall be issued. If an application is made to license a spayed/neutered dog or cat, the applicant shall, in addition, furnish satisfactory evidence that the dog or cat had been spayed/neutered, which evidence may consist of a certificate signed by a veterinarian or an affidavit of the owner that the dog or cat has been spayed/neutered. Without such evidence, the license issued and fee paid shall be for a dog or cat which has not been spayed/neutered.

C. The person issuing the license shall complete a license receipt on forms furnished by the License Officer, file the original with the License Officer, and deliver a copy to the owner.

D. Licenses may be renewed upon payment of the necessary fees and presentation of a current vaccination certificate issued pursuant to Section 6.04.020. If a license is not renewed within sixty (60) days after the license expires, a completed application for a new license must be made pursuant to subsection B. above.

E. Applications for licenses may be made in person, by mail, or electronically, if available.

F. Licenses and tags are not transferable. (Res. 11-108 § 2; Res. 09-141)

A. Licenses and tags may be issued and be valid for one (1) year or three (3) years from the date of issuance.

B. The license fee for one (1) year shall be twenty-five dollars ($25.00) for each dog or cat which has not been spayed/neutered or twelve dollars ($12.00) for each dog or cat which has been spayed/neutered.

C. The license fee for three (3) years shall be sixty-five dollars ($65.00) for each dog or cat which has not been spayed/neutered or thirty-three dollars ($33.00) for each dog or cat which has been spayed/neutered.

D. License fees shall not be prorated or refunded.

E. If a license tag or license receipt issued in accordance with this Section is lost or destroyed, a duplicate tag or receipt may be reissued for the payment of five dollars ($5.00).

F. Veterinarians issuing a license under this Section shall retain one dollar ($1.00) for each one-year license issued and three dollars ($3.00) for each three-year license issued, and shall surrender the balance of all license fees collected as the License Officer may direct.

G. No license fee shall be required for:

  1. Guide dogs for the blind or deaf;
  2. Service dogs used by the handicapped; or
  3. Law enforcement service and rescue dogs.

H. The Board of County Commissioners may by resolution increase or decrease the license fees and other fees authorized by this Section.

I. All license fees and other fees shall be paid to and collected by the License Officer. The License Officer shall hold such fees in trust for the use and benefit of Pueblo County and pay and disburse such fees as directed in writing by the Board of County Commissioners. (Res. 11-48 (part) Res. 09-141)

A. It shall be unlawful and a violation under Section 6.04.060 of this Chapter 6.04 for owner of a dog over the age of six (6) months or older to fail to cause the license tag to be attached to the collar, harness, or other device worn by the licensed dog and to thereafter maintain the license tag upon such dog. If any dog is found not wearing a collar with the license tag attached, the owner of the dog shall be deemed in violation of this Section.

B. It shall not be required of the owner of any cat to affix the license tag to the licensed cat; however, it shall be unlawful and a violation under Section 6.04.060 of this Chapter 6.04 for the owner of a cat to fail or refuse to exhibit the tag issued for the cat and his or her copy of the license receipt upon demand of any person enforcing this Section. (Res. 09-141)

A. No person shall display any dog or cat for the purpose of selling or giving the dog or cat away:

  1. On any street, highway, alley sidewalk, public place or park; or
  2. In an open area where the public is invited by the owner or person controlling such area, including, but not limited to, areas exterior to shops or businesses, carnivals, and flea markets.

B. Subsection A.2. above shall not be applicable to the display of any dog or cat for adoption by the Shelter Operator or by a tax-exempt nonprofit organization whose propose is to protect dogs and cats, including the humane treatment and disposition of dogs and cats; provided, however, that such organization:

  1. Holds a current license issued under the Colorado Pet Animal Care and Facilities Act for a pet animal facility located in Pueblo County, Colorado.
  2. Does not engage in the business of breeding or raising dogs or cats; and
  3. Does not coax or cajole any person to adopt a dog or cat.

C. It shall be unlawful and a violation under Section 6.04.060 for any person to violate any provision of the Section. (Res. 09-141)

In addition to the authority granted elsewhere in this Chapter, any enforcement agents/license officers shall have authority to trap or apprehend, and to impound, any cat found at large or off of its owner’s property if the enforcement agent/license officer has cause to believe that one (1) or more cats in an area are presenting, or may contribute to creation of, a public nuisance. (Res. 09-141)

The requirements of Sections 6.04.070 through 6.04.075 shall not apply to persons engaged in farming or ranching operations on parcels of land of five acres or more. (Res. 09-141)

 

mitchellst@pue… Mon, 12/23/2019 - 03:34 PM

Title 08 - Health and Safety

Title 08 - Health and Safety
mitchellst@pue… Fri, 01/03/2020 - 01:45 PM

Chapter 8.04 COUNTY SAFETY AND LOSS PREVENTION

Chapter 8.04 COUNTY SAFETY AND LOSS PREVENTION

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)

 

mitchellst@pue… Fri, 01/03/2020 - 02:14 PM

Chapter 8.08 EMERGENCY MEDICAL SERVICES

Chapter 8.08 EMERGENCY MEDICAL SERVICES

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)

mitchellst@pue… Fri, 01/03/2020 - 02:17 PM

Chapter 8.12 SOLID WASTE COLLECTION AND DISPOSAL

Chapter 8.12 SOLID WASTE COLLECTION AND DISPOSAL

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 City-County Health Department.

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

"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 City-County Health Department 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)

8.12.020 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 provisions of Pueblo County Ordinance No. 4 under the direction of the Board of County Commissioners. (Ord. 4 § 1(E), 1993)

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 City-County Health Department. Such application shall contain the name and address 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 City-County Health Department, which shall be determined as follows for licenses expiring on or before December 31, 1993:

a. A thirty dollar ($30.00) fee for the issuance of all new licenses;

b. A thirty dollar ($30.00) fee 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 fee of five dollars ($5.00) per vehicle to be licensed.

For licenses expiring on or after January 1, 1994, the fees payable hereunder shall be as established by resolution of the Board.

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 City-County Health Department 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)

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 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. Litter thrown from a vehicle shall be presumed to have been thrown by 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)

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. 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 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, 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, 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.

B. 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, 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.

C. Before the Board 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 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.

D. 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)

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 City-County Health Department, 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 City-County Health Department 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)

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:

1. First violation
Class Fine
A $150.00
B $50.00
C $25.00
2. For any second violation by the same person of any provision of this chapter within five years after a previous violation:
Class Fine
A $250.00
B $150.00
C $50.00
3. For three or more violations by the same person of any provision of this chapter within any five-year period:
Class Fine
A $300.00
B $300.00
C $100.00

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 City/County Health Department. (Ord. 4 § 6, 1993)

mitchellst@pue… Fri, 01/03/2020 - 02:20 PM

Chapter 8.16 UNIFORM FIRE CODE ADOPTED

Chapter 8.16 UNIFORM FIRE CODE ADOPTED

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)

mitchellst@pue… Fri, 01/03/2020 - 02:34 PM

Chapter 8.20 MANAGEMENT OF NOXIOUS WEEDS

Chapter 8.20 MANAGEMENT OF NOXIOUS WEEDS

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)

 

mitchellst@pue… Fri, 01/03/2020 - 02:56 PM

Chapter 8.22 PROHIBITION OF OPEN CARRYING OF FIREARMS

Chapter 8.22 PROHIBITION OF OPEN CARRYING OF FIREARMS

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)

 

mitchellst@pue… Fri, 01/03/2020 - 02:58 PM

Chapter 8.24 OPEN FIRE AND OPEN BURNING RESTRICTION

Chapter 8.24 OPEN FIRE AND OPEN BURNING RESTRICTION

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)

 

 

 

mitchellst@pue… Fri, 01/03/2020 - 03:00 PM

Chapter 8.26 STORMWATER QUALITY

Chapter 8.26 STORMWATER QUALITY

8.26.010 Title.

This Ordinance shall be titled Pueblo County Stormwater Quality Ordinance.

Pueblo County Stormwater Quality Ordinance
Detection and Elimination of Illicit Discharges to
Storm Drainage Systems

(Ord. 20 § 1)

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 Drainage 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. (Ord. 20 § 2)

8.26.030 Purpose and Intent.

The Colorado Department of Public Health and Environment (Department) has issued to Pueblo County a “Municipal Separate Storm Drainage System” (MS4) permit. As a condition of the issuance of this permit, the Department requires that Pueblo County implement and enforce a regulatory mechanism to prohibit non-stormwater discharges 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.

The purpose of this Ordinance is to comply with the Department’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 on and into storm drainage systems in unincorporated Pueblo County.

The overall objectives of this Ordinance are:
(1) To regulate and prohibit the illicit discharge of non-stormwater discharges on and into storm drainage systems;
(2) To prohibit illicit connections to storm drainage systems; and
(3) To establish processes to carry out inspection, surveillance, monitoring and enforcement necessary to ensure compliance with this Ordinance.
(Ord. 20 § 3)

8.26.040 Applicability.

This Ordinance shall apply in the unincorporated area of Pueblo County, except in unincorporated areas of Pueblo County where there is existing MS4 permit such as the Pueblo West Metropolitan District. (Ord. 20 §4)

8.26.050 Definitions.

For the purposes of this Ordinance, the following shall mean:
Authorized Enforcement Agency: The Pueblo City/County Health Department and designated employees of such Department.

Best Management Practices (BMPs): Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of non-stormwater directly or indirectly into stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

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

Construction Activity: Activities subject to NPDES Construction Permits. Currently these are construction projects resulting in land disturbance of 1 acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

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 storm drain system.

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: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).

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.

Non-Stormwater Discharge: Any discharge to a storm drainage system that is not composed entirely of stormwater except as specifically allowed herein. 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 coli form 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.

Non-stormwater discharges specifically do not include water line flushing or other potable water sources; landscape irrigation or lawn watering; irrigation return flows; diverted stream flows; rising ground water; ground water infiltration to storm drainages; uncontaminated pumped ground water; foundation or footing drains (not including active groundwater dewatering systems); crawl space pumps; air conditioning condensation; springs; water from non-commercial washing of vehicles; natural riparian habitat or wet-land flows; dechlorinated water (less than one PPM chlorine) from swimming pools; discharges from fire fighting activities; discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety; dye testing providing that verbal notification is given to the authorized enforcement agency prior to the time of the test; and any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drainage system.

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

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

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 (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.

Non-Stormwater Discharge Prevention Plan: A document which describes the Best Management Practices and activities to be implemented by a person to identify sources of non-stormwater discharges at or on premises and the actions to eliminate or reduce non-stormwater discharges to stormwater and stormwater conveyance systems to the maximum extent practicable.

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. {Section 2(81) of the CDPS Regulations} (Ord. 20 §5)

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 Ordinance. (Ord. 20 §6)

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.

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) This prohibition expressly includes, 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. (Ord. 20 §7)

8.26.080 Industrial or Construction Activity Discharges.

Any person issued an NPDES industrial activity permit for stormwater discharge or issued an NPDES construction activity permit for stormwater discharge 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 Ordinance. (Ord. 20 §8)

8.26.090 Monitoring Discharges from Industrial and Construction Activities.

A. Access to Premises.

(1) The authorized enforcement agency shall be allowed to enter and inspect premises of any person issued an NPDES industrial activity permit for stormwater discharge or issued an NPDES construction activity permit for stormwater discharge as often as may be necessary to determine compliance with this Ordinance. 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 permit to discharge storm water, 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 NPDES 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 NPDES permittee.

(4) Refusal to allow or unreasonable delays in allowing the authorized enforcement agency access to the NPDES permittee’s premises for the purpose of conducting any activity authorized or required by this Ordinance is a violation of the NPDES industrial activity or construction activity a stormwater discharge permit and of this Ordinance.

(5) If the authorized enforcement agency has been refused access to any part of the NPDES permittee’s premises from which stormwater is discharged, and the agency is able to demonstrate probable cause to believe that there may be a violation of the NPDES permit and/or this Ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with the NPDES permit or this Ordinance, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance an administrative search warrant from any court of competent jurisdiction.

B. Monitoring and Sampling

(1) The authorized enforcement agency shall have the right to set up on the NPDES permittee’s premises such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the stormwater discharge.

(2) The authorized enforcement agency has the right to require the NPDES permittee to install monitoring equipment as necessary. The permittee shall, at its own expense, maintain at all times in a safe and property operating condition the sampling and monitoring equipment. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. (Ord. 20 §9)

8.26.100 Requirement to Prevent, Control, and Reduce Non-Stormwater Discharges by the use of Best Management Practices.

A. Implementation of BMPs

(1) Persons shall provide, at their own expense, reasonable protection from accidental release of non-stormwater discharges on or into the stormwater drainage system or into watercourses through the use of structural and non-structural BMPs.

(2) The authorized enforcement agency may require any person owning, occupying or otherwise responsible for a premises, which is, or may be, the source of a non-stormwater discharge to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further release of non-stormwater discharges to the storm drainage system.

B. BMPs by NPDES Permittee.

(1) Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity and construction activity, to the extent practicable, shall be deemed compliance with the provisions of this Section 10.

(2) These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. (Ord. 20 §10)

8.26.110 Watercourse Protection.

A. Every person owning, occupying or otherwise responsible for a premises 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. 20 §11)

8.26.120 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 U.S., 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 notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency within three business days of the phone notice.

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 years. (Ord. 20 §12)

8.26.130 Enforcement.

A. Notice of Violation

(1) Except where emergency suspension is necessary pursuant to Section 10.1, the authorized enforcement agency shall provide written notice to persons violating this Ordinance.

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 BMPs 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) The Notice of Violation shall be served by hand delivery or by certified mail, return receipt requested.

(4) Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency to the Board of County Commissioners. A notice of appeal shall state the grounds therefore, shall attach a copy of the Notice of Violation and shall be set forth in writing. The Notice of Appeal must be received by the Board of County Commissioners within 15 days from the date of the Notice of Violation. A hearing on the appeal before the Board of County Commissioners shall take place within 45 days from the date of receipt of the notice of appeal. The decision of the Board of County Commissioners shall be final.

(5) If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 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 13.3 or 13.4.

B. Emergency Suspension of Non-stormwater Discharges

(1) The authorized enforcement agency may, without prior notice, order the suspension of the discharge of non-stormwater 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 storm drainage system, or to the waters of the state.

(2) If the person discharging non-stormwater fails to comply with such suspension order, the authorized enforcement agency may take such actions as deemed necessary to prevent or minimize damage to the storm drainage system or waters of the state, or to minimize danger. The authorized enforcement agency may collect all costs incurred in taking such action pursuant to the procedures set out in Section 13.3.

C. 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 Ordinance and for restoration of any affected the premises.

(2) Such application to the Court shall include a copy of this Ordinance, 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 the Notice of Violation or that reasonable efforts to serve the Notice 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 Ordinance an invoice for the costs of the abatement, plus an additional five percent 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 on 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 Ordinance.

(6) Nothing in this Section 16.2 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 Ordinance or to enforce this Ordinance.

D.  Criminal Prosecution

(1) Any person who violates this Ordinance commits a class 2 petty offense, and upon conviction thereof, shall be punished by a fine of up to one thousand dollars ($1,000). Each day during which such violation of this Ordinance 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 Ordinance pursuant to this Section 13.4.

(3) All fines and forfeitures collected by the court for violation of this Ordinance 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 13.4, persons convicted of a violation of this Ordinance 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).

E. Compensatory Action

In lieu of enforcement proceedings, penalties, and remedies authorized by this Ordinance, 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.

F. Remedies Not Exclusive

The remedies listed in this Ordinance 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. 20 §13)

8.26.140 Violations Deemed a Public Nuisance.

Any condition caused or permitted to exist in violation of any of the provisions of this Ordinance 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. 10 §14)

8.26.150 Severability.

The provisions of this Ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Ordinance. (Ord. 20 §15)

8.26.160 Authenticity.

The foregoing text is the authentic text of Pueblo County Ordinance No. 20.

The first reading of said Ordinance took place on April 15, 2008. It was published in full in the Pueblo Chieftain on April 27, 2008. It was adopted on May 20, 2008, and is to be republished by title in the Pueblo Chieftain on May 25, 2008, and shall take effect on June 25, 2008. (Ord. 20 §16)

mitchellst@pue… Fri, 01/03/2020 - 03:08 PM

Title 09 - Public Peace And Welfare

Title 09 - Public Peace And Welfare
mitchellst@pue… Fri, 01/03/2020 - 03:14 PM

Chapter 9.04 JUVENILE LOITERING

Chapter 9.04 JUVENILE LOITERING

9.04.010 Enactment authority--Applicability.

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

9.04.020 Purpose.

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

9.04.030 Definitions.

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

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

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

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

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

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

9.04.040 Unlawful acts.

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

9.04.050 Exceptions.

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

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

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

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

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

9.04.060 Enforcement agencies.

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

9.04.070 Enforcement, prosecution and penalties.

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

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

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

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

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

9.04.080 Additional remedies.

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

 

mitchellst@pue… Fri, 01/03/2020 - 03:21 PM

Chapter 9.08 TOBACCO POSSESSION BY MINORS

Chapter 9.08 TOBACCO POSSESSION BY MINORS

9.08.010 Purpose.

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

9.08.020 Enactment authority.

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

9.08.030 Definitions.

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

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

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

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

9.08.040 Applicability and effective date.

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

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

9.08.050 Unlawful acts.

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

9.08.060 Criminal prosecution--Disposition of moneys collected.

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

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

9.08.070 Violations--Penalties.

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

 

mitchellst@pue… Fri, 01/03/2020 - 03:23 PM

Chapter 9.12 FIREARMS

Chapter 9.12 FIREARMS

9.12.010 Discharge of unlawful where.

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

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

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

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

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

mitchellst@pue… Fri, 01/03/2020 - 03:25 PM

Title 10 - Vehicles And Traffic

Title 10 - Vehicles And Traffic

 

Related Documents

mitchellst@pue… Fri, 01/03/2020 - 03:28 PM

Chapter 10.04 MODEL TRAFFIC CODE ADOPTED

Chapter 10.04 MODEL TRAFFIC CODE ADOPTED

10.04.010 Adoption.

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

10.04.020 Deletions.

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

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

10.04.030 Additions or Modifications

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

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

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

10.04.040 Penalty Assessment Procedure and Penalty Schedule.

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

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

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

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

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

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

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

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

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

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

10.04.050 Application.

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

10.04.060 Validity.

If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.  The Board of County Commissioners hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. (Ord. 2009-21 § 6)

10.04.070 Repeal.

Existing or parts of ordinances, including but not limited to Pueblo County Ordinance 10, codified at County Code Title 10 Vehicles and Traffic, Ordinance 2004-2, Resolution 98-95 (part), covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. (Ord. 2009-21 § 7)

10.04.080 Interpretation.

This Ordinance shall be so interpreted and construed as to effectuate its general purpose to conform with the State’s uniform system for the regulation of vehicles and traffic.  Article and section headings of the Ordinance and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. (Ord. 2009-21 § 8)

10.04.090 Certification.

The Pueblo County Clerk shall certify to the passage of this Ordinance and make not less than three copies of the adopted Code available for inspection by the public during regular business hours. (Ord. 2009-21 § 9)

10.04.100 Effective Date.

This Ordinance shall be effective thirty days after publication after adoption on second reading. (Ord. 2009-21 § 10)

mitchellst@pue… Fri, 01/03/2020 - 03:30 PM

Chapter 10.06 NOISE ORDINANCE ADOPTED

Chapter 10.06 NOISE ORDINANCE ADOPTED

10.06.010 Title.

This Ordinance shall be titled Pueblo County Noise Ordinance.

AN ORDINANCE PERTAINING TO THE REGULATION OF NOISE ON PUBLIC AND PRIVATE PROPERTY AND THE OPERATION OF

MOTOR VEHICLES WITHIN THE UNINCORPORATED AREAS OF PUEBLO COUNTY, COLORADO

(Ord. 2011-22 § 1)

10.06.020 Authorization.

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

C.R.S. § 30-15-401 (1)(m) enables counties to enact ordinances which regulate noise on public and private property and, pursuant to C.R.S. § 25-12-107, counties may adopt resolutions or ordinances prohibiting the operation of motor vehicles within their respective jurisdictions that produce noise in excess of the sound levels in decibels, measured on the “A” Scale on a standard sound level meter having characteristics established by the American National Standard Institute, publication S1.4 – 1971, and measured at a distance of fifty feet from the center of the lane of travel and within the speed limits specified herein. (Ord. 2011-22 § 2)

10.06.030 Applicability.

This Ordinance shall apply in the unincorporated areas of Pueblo County. (Ord. 2011-22 § 3)

10.06.040 Definitions.

For the purposes of this Ordinance, the words and phrases shall have the meanings ascribed to them in this Section:

4.1 Decibel is a unit used to express the magnitude of a change in sound level. The difference in decibels between two (2) sound pressure levels is twenty (20) times the common logarithm of their ratio. In sound pressure measurements, sound levels are defined as twenty (20) times the common logarithm of the ratio of that sound pressure level to a reference level of 2 X 10-5 N/m2 (Newton's/meter squared). As an example of the effect of the formula, a three-decibel change is a one-hundred-percent increase or decrease in the sound level, and a ten-decibel change is a one thousand-percent increase or decrease in the sound level.

4.2 db(A) means sound levels in decibels measured on the "A" scale of a standard sound level meter having characteristics defined by the American National Standards Institute, publication S.4- 1970, and approved by the Industrial Commission of Colorado.

4.3 Residential zone means an area of single-family or multifamily dwellings where businesses may or may not be conducted in such dwellings. The zone includes areas where multiple unit dwellings, high-rise apartment districts, and redevelopment districts are located. A residential zone may include areas containing accommodations for transients such as motels and hotels and residential areas with limited office development, but it may not include retail shopping facilities. Residential zone includes hospitals, nursing homes and similar institutional facilities.

4.4 Commercial zone means:

a.  An area where offices, clinics and the facilities needed to serve them are located;

b.  An area with local shopping and service establishments located within walking distances of the residents served;

c.  A tourist-oriented area where hotels, motels and gasoline stations are located;

d.  A large integrated regional shopping center;

e.  A business strip along a main street containing offices, retail businesses and commercial enterprises;

f.   A central business district; or

g.  A commercially dominated area with multiple unit dwellings.

4.5 Light industrial and commercial zone means:

a.     An area containing clean and quiet research laboratories;

b.     An area containing light industrial activities which are clean and quiet;

c.     An area containing warehousing; or

d.    An area in which other activities are conducted where the general environment is free from concentrated industrial activity.

4.6 Industrial zone means an area in which noise restrictions on industry are necessary to protect the value of adjacent properties for other economic activity, but shall not include agricultural operations.

4.7 Motor vehicle sound system means any radio, tape player, CD player, amplifier, speakers or other electronic components located in or upon any motor vehicle and used or capable of being used for the production of sound. (Ord. 2011-22 § 4)

10.06.050 Noise.

The making and creating of an excessive or unusually loud noise, or a noise which is unreasonable and objectionable because it is impulsive, continuous, rhythmic, periodic or shrill within the unincorporated areas of Pueblo County as heard and measured in the manner prescribed by Section 6 is hereby declared to be a public nuisance and unlawful.  (Ord. 2011-22 § 5)            

10.06.060 Classification and Measurement of Noise.

For purposes of determining and classifying any noise as excessive or unusually loud as declared to be unlawful and prohibited by this Ordinance, the following test measurements and requirements shall be applied.

6.1 Noise occurring within the jurisdiction of the unincorporated areas of Pueblo County shall be measured at a distance of at least twenty-five (25) feet from a noise source located within the public right-of-way, and if the noise source is located on private property or property other than the public right-of-way, at least twenty-five (25) feet from the property line of the property on which the noise source is located.

 6.2 The noise shall be measured on the "A" weighing scale on sound level meter of standard design and quality and having characteristics established by the American National Standards Institute.

6.3 For purposes of this Ordinance, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five (5) miles per hour, or twenty-five (25) miles per hour with a wind screen.         

6.4 In all sound level measurements, consideration shall be given to the effect of the ambient noise of the environment from all sources at the time and place of such level measurement. (Ord. 2011-22 § 6)

10.06.070 Maximum Permissible Noise Levels.

7.1 Every activity to which this Ordinance is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat, frequency or shrillness. Sound levels of noise radiating from the property line at a distance of twenty-five (25) feet or more therefrom, in excess of the db(A) established for the time period and zones listed in this Section, shall constitute prima facie evidence that such noise is a public nuisance.

Permissible Noise Levels
Zone 7:00 am to next 7:00 pm 7:00 pm to next 7:00 am
Residential 55 db(A) 50 db(A)
Commercial 60 db(A) 55 db(A)
Light Industrial 70 db(A) 65 db(A)
Industrial 80 db(A) 75 db(A)

7.2  In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in Section 5 may be increased by ten (10) db(A) for a period not to exceed fifteen (15) minutes in any one-hour period.

7.3 Periodic, impulsive or shrill noises shall be considered a public nuisance when such noises are at a sound level of five (5) db(A) less than those listed in Section 7.1 of this Section.

7.4  This Section is not intended to apply to the operation of aircraft, or to other activities which are subject to federal law with respect to noise control.

7.5 Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority, or if no time limitation is imposed, then for a reasonable period of time for completion of the project.

7.6  All railroad rights-of-way shall be considered as industrial zones for the purposes of this Section, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone.

7.7 This Section is not applicable to the use of property for purposes of conducting speed or endurance events involving motor or other vehicles, but such exception is effective only during the specific period or periods of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use.

7.8 This Section is not applicable to six hundred (600) or more megawatt electric power generation facilities which are operated and maintained in compliance with the noise levels and standards set forth in the state noise regulations, currently codified as C.R.S. § 25-12-103 (as now or hereafter adopted). (Ord. 2011-22 § 7)

10.06.080 Motor Vehicle Noise Levels.

8.1 It shall be unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved, within the unincorporated areas of Pueblo County, any motor vehicle which emits a sound pressure level in excess of the db(A) established in Table I of this Section. Noise from a motor vehicle within the public right-of-way shall be measured at a distance at least twenty-five (25) feet from the near side of the nearest traffic lane being monitored and at a height of at least four (4) feet above the immediate surrounding surface on a sound level meter of standard design and quality and having characteristics established by the American National Standards Institute.

 8.2  Noise from a motor vehicle which is located other than within the public right-of-way shall be measured at a distance at least twenty-five (25) feet from said motor vehicle and at a height of at least four (4) feet above the immediate surrounding surface on a sound level meter of standard design and quality and having characteristics established by the American National Standards Institute.

8.3 Table I. Maximum permissible sound pressure levels at 25 ft. (7.5 m)
Vehicle class
Any vehicle greater than 10,000 lbs. manufacturer's gross vehicle weight other than an Interstate Motor Carrier 88
Any motorcycles 80
Any other motor vehicle 80

8.4 Mufflers - Prevention of Noise: It shall be unlawful for any person to operate, or for the owner to cause or knowingly permit the operation of any vehicle, within the unincorporated areas of Pueblo County, which is not equipped with an adequate muffler and in constant operation and properly maintained to prevent any unnecessary noise, and no muffler or exhaust system shall be modified or used with a cutoff, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that which is specified in Table I above.           (Ord. 2011-22 § 8)

10.06.090 Vehicle Sound Systems.

9.1 Notwithstanding any other provision in this Ordinance and in addition thereto, it shall be unlawful for any person to operate or use, or cause or suffer to be operated or used, any motor vehicle sound system in such a manner as to be plainly audible at a distance of twenty-five (25) feet from the motor vehicle, unless a permit therefor has first been obtained in accordance with Subsection 9.2 of this Section and is in effect. The driver of any vehicle upon which is located a motor vehicle sound system which is plainly audible at a distance of twenty-five (25) feet from the motor vehicle shall be presumed to be operating, using, or causing the operation of such motor vehicle sound system.

9.2 Any persons desiring to operate any motor vehicle sound system for either commercial or   noncommercial purposes in such a manner as to be plainly audible at a distance of twenty-five (25) feet from the motor vehicle shall first obtain a permit therefor from the Board of County Commissioners in accordance with this Subsection and the permit may authorize such use or operation of motor vehicle sound system between the hours of 7:00 a.m. and 10:00 p.m. for not more than three (3) days in any one (1) calendar year. In addition to the information required, the application for a permit shall provide the following information:

  1. The name, address, and telephone number of the owner and user of the motor vehicle sound system;
  2. The license number of the motor vehicle which is to be used and proof of motor vehicle insurance for such vehicle;
  3. A general description of the sound amplifying equipment which is to be used;
  4. A statement whether the use of the motor vehicle sound system will be used for commercial or noncommercial purposes; and
  5. The date or dates, not exceeding three (3), during which the system is proposed to be operated.  (Ord. 2011-22 § 9)

10.06.100 Violations - Penalties.

10.1 Any person who violates any provision of this chapter shall be guilty of a Class 2 petty offense and, upon conviction, shall be punished by a fine of not more than three hundred dollars ($300.00), or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment for each separate offense.

10.2 The Board of County Commissioners of Pueblo County, Colorado, adopts the penalty assessment procedure set forth in C.R.S. § 16-2-201, as amended, and any Pueblo County Sheriff Deputy enforcing the provisions of this chapter may follow the penalty assessment procedure for any violation of this chapter constituting a Class 2 petty offense. The following shall be the schedule of fines imposed for violations of the provisions of this chapter constituting a Class 2 petty offense:

First offense, twenty-five dollars ($25.00);

Second offense, fifty dollars ($50.00);

Third offense, one hundred dollars ($100.00);

Fourth offense, two hundred dollars ($200.00); 

Five or more offenses, three hundred dollars ($300.00) each.

10.5 All fines and forfeitures connected with any violation of this chapter, and all monies collected by or on behalf of Pueblo County for licenses or otherwise shall be paid over to the Pueblo County Treasurer immediately upon the receipt thereof by the individual or entity receiving such monies. Upon receipt of such monies, the Pueblo County Treasurer shall deposit the same into the County General Fund. (Ord. 2011-22 § 10)

10.06.110 Enforcement Responsibility.

The Pueblo County Court shall have jurisdiction in prosecutions of violations of this chapter, and it is the duty of the Pueblo County Sheriff and Undersheriff and deputies to enforce the provisions of this chapter, as is provided for in C.R.S. § 30-15-410.  (Ord. 2011-22 § 11)

10.06.120 Exemptions.

The provisions of this Ordinance shall have no applicability to authorized emergency vehicles, as defined in the Model Traffic Code, as adopted by Pueblo County Ordinance 2009-21, as amended, nor to sound produced by any sirens or horns on such vehicles or other noise emanating from such vehicles.

The provisions of this Ordinance shall not apply to farms or ranches as defined in the Pueblo County Zoning resolutions. "Farm or ranch" means an area of at least five acres in size if in an A-2 zone district, or thirty-five (35) acres in size if in an A-1 zone district, and used for farming or ranching. "Farming or ranching" means the business of cultivating land, producing crops and/or keeping livestock, fowl and other non-domestic animals. This definition does not include feedlot or dog kennels. (Ord. 2011-22 § 12)

10.06.130 Severability.

The provisions of this Ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Ordinance. (Ord. 2011-22 § 13)

10.06.140 Authenticity.

The foregoing text is the authentic text of Pueblo County Ordinance No. 2011-22.

The first reading of said Ordinance took place on February 22, 2011.  It was published in full in the Pueblo Chieftain on February 27, 2011.

It was adopted on March 22, 2011, and is to be republished by title in the Pueblo Chieftain on March 27, 2011, and shall take effect on April 21, 2011.   (Ord. 2011-22 § 14)

mitchellst@pue… Fri, 01/03/2020 - 03:43 PM

Title 12 - Roads, Bridges and Public Places

Title 12 - Roads, Bridges and Public Places
mitchellst@pue… Fri, 01/03/2020 - 04:29 PM

Chapter 12.04 - Roadway Design and Construction Standards

Chapter 12.04 - Roadway Design and Construction Standards

12.04.010 Adopted by reference.

Pueblo County officially adopts as a binding regulation of Pueblo County the Pueblo County Roadway Design and Construction Standards, a complete copy of which may be obtained at all times at the offices of the Pueblo County department of public works and which is incorporated herein by this reference. (Res. 98-44)

mitchellst@pue… Fri, 01/03/2020 - 05:17 PM

Appendix 2 - Tables

Appendix 2 - Tables
TABLE 1
Class min. r.o.w. design capacity A.D.T. design speed grade allowed surface
min. max.
Expressway 150 20--50,000 60 0.5 6 pave.
Principal Arterial 120 12--28,000 60 0.5 6 pave.
Minor Arterial 100 5--10,000 two lane 10--18,000 four lane 50 0.5 6 pave.
Major Collector 80 2--5,000 45 0.5 8 pave.
Minor Collector 60 1250--2500 40 0.5 8 pave.
Local Access 60 500--1250 30 0.5 10 pave.
Local Minor Residential 60 0--500 30 0.5 10 pave. gravel*
Local Industrial 70 0--1250 30 0.5 8 pave.
Local Commercial 70 0--1250 30 0.5 6 pave.

* subject to the restrictions and conditions listed in Article 6

TABLE 2
TRIAL BASE THICKNESS, DBS (INCHES)_____________ SERVICEABILITY CRITERIA RUTTING CRITERIA
PSI = ________________________ RD (INCHES) ________________
-1 -2 -3 -4 -5 -6 -7 -8
SEASON (ROADBED MOISTURE CONDITION) ROADBED RESILIENT MODULUS MR (psi) BASE ELASTIC MODULUS EBS (psi) PROJECTED 18 -- KIP ESAL TRAFFIC W18 ALLOWABLE 18 -- KIP ESAL TRAFFIC (W18)PSI SEASONAL DAMAGE W18/(W18)PSI ALLOWABLE 18 -- KIP ESAL TRAFFIC (W18)RUT SEASONAL DAMAGE W18/(W18)RUT
WINTER (FROZEN)
SPRING/THAW (SATURATED)
SPRING/FALL (WET)
SUMMER (DRY)
TOTAL TOTAL TOTAL
TRAFFIC = DAMAGE = DAMAGE =
mitchellst@pue… Tue, 01/07/2020 - 10:02 AM

Appendix 3 - Pavement Design Examples

Appendix 3 - Pavement Design Examples

ASPHALT PAVEMENT

As an example to illustrate the procedure and requirements of Article 6, assume the following:

o Minor collector functional classification

o HVEEM test R value of 20

o Projected traffic volume equivalent to the minimum 18K EDLA value of 30 for a minor collector

From the equations in 6.2 c:

S1 = [(20-5)/11.29] + 3 = 4.33

MR = 10(S1 + 18.72)/6.24 = 4898 (use 5000)

Convert EDLA to ESAL (20 year design period)

30 x 20 x 365 = 219,000

From 6.3 c , the reliability factor for a minor collector is 80

From Figure 17 in Appendix 1:

Modulus for base course with structural coefficient of 0.12 is approximately 26,000.

Modulus for subbase course with structural coefficient of 0.10 is approximately 21,000.

From the nomograph in Figure 16 of Appendix 1 (reproduced to illustrate example as Figure A3 - 1, this Appendix) read the following structural numbers for layered design per Figure 15:

SN1 = 1.45

SN2= 1.65

SN3 = 2.7

Per the procedure described in 6.5 and illustrated in Figure 15:

D* 1 = SN1/a1 = 1.45/0.44 = 3.3; use 3.5

SN*1 = a1D*1 = SN1 = (3.5)(0.44) = 1.54

D*2 = SN2-SN*1/a2m2 = (1.65-1.54)/0.12 = 1; use 6 inch min.

SN*1 + SN*2 = SN2 = (0.12)(6) + (3.5)(0.44) = 2.26; > 1.65 ok

D*3 = SN3 - (SN*1 + SN*2)/a3m3 = (2.7 - 2.26)/0.10 = 4.4; use 5

total = SN*1 + SN*2 + SN*3 = 1.54 + 0.72 + 0.50 = 2.76 > 2.7 ok

Therefore use the following layer thickness:

Depth of HBP (D*1) - 3.5 inches

Depth of Class 6 base course (D*2) - 6 inches

Depth of Class 2 subbase course (D*3) - 5 inches

The above would be the minimum allowed values.

If a full depth asphalt design were proposed for this example (and APPROVED by the Public Works Director) the required depth would be:

Dfda = SN3/a1 = 2.7/0.44 = 6.14; use 6.5 inches

 

GRAVEL ROAD DESIGN

The primary design requirements for aggregate surfaced roads include:

o Predicted future traffic for the design period (see Article 2)

o The lengths of the seasons (see Article 6.6.1e)

o Seasonal resilient moduli of the roadbed soil (see Article 6.6.1f)

o Elastic modulus, EBS(psi), of aggregate base layer (from HVEEM or other testing. MR value)

o Elastic modulus, EBS(psi), of aggregate subbase layer (from HVEEM or other testing. MR value)

o Design serviceability loss, ΔPSI (Article 6.6.1c)

o Allowable rutting, RD(inches), in surface layer (Article 6.6.1a), and

o Aggregate loss, GL(inches), of surface layer (Article 6.6.1b)

These design requirements are used in conjunction with the computational chart in Table 2 in Appendix 2 and the design nomographs for serviceability (Figure 18, Appendix 1) and rutting (Figure 19, Appendix 1) The following steps outline the procedure:

Step 1: Select four levels of aggregate base thickness, DBS, which should bound the probable solution. Prepare four separate tables, one for each trial thickness, identical to Table 2. On each of the four tables enter the trial base thickness, DBS; design serviceability loss, ? PSI; and the allowable rutting, RD in the appropriate boxes.

Step 2: Enter the appropriate seasonal resilient (elastic) moduli of the roadbed (MR) and the aggregate base material, EBS, in columns 2 and 3, respectively, of Table 2. The base modulus values may be proportional to the resilient modulus of the roadbed soil during a given season. However, a constant value of 30,000 psi was used in the example which follows since a portion of the aggregate base material will be converted into an equivalent thickness of subbase material (which will provide some shield against the environmental moisture effects).

Step 3: Enter the seasonal 18-kip ESAL traffic in column 4 of Table 2. Assuming that truck traffic is distributed evenly throughout the year, the lengths of the seasons should be used to proportion the total projected 18-kip ESAL traffic to each season. If the road is load-zoned (restricted) during certain critical periods, the total traffic may be distributed only among those seasons when truck traffic is allowed. Total traffic of 36,500 18-kip ESAL applications (the minimum 5 EDLA and a 20 year design period) and a seasonal pattern corresponding to U.S. Climatic Region VI was used in the example.

Step 4: Within each of the four tables estimate the allowable 18-kip ESAL traffic for each of the four seasons using the serviceability-based nomograph (Figure 18) and enter the result in column 5. If the resilient modulus of the roadbed roil (during the frozen season) is such that the allowable traffic exceeds the upper limit of the nomograph, assume a practical value of 500,000 18-kip ESAL.

Step 5: Within each of the four tables estimate the allowable 18-kip ESAL traffic for each of the four seasons using the rutting-based nomograph (Figure 19) and enter the result in column 7. Again, if the resilient modulus of the roadbed soil is such that the allowable traffic exceeds the upper limit of the nomograph, assume a practical value of 500,000 18-kip ESAL.

Step 6: Compute the seasonal damage values in each of the four tables for the serviceability criteria by dividing the projected seasonal traffic (column 4) by the allowable traffic in that season (column 5). Enter these seasonal damage values in column 6 of Table 2 corresponding to serviceability criteria. Next, follow these same instructions for rutting criteria, i.e., divide column 4 by column 7 and enter in column 8.

Step 7: Compute the total damage for both the serviceability and rutting criteria by adding the seasonal damages. When this is accomplished for all four tables, a graph of total damage versus base layer thickness should be prepared. The average base layer thickness, DBS, required is determined by interpolating in this graph for a total damage equal to 1.0. Figure A3-5 provides an example in which the design is controlled by the serviceability criteria.

Step 8: The base layer thickness determined in the last step should be used for design if the effects of aggregate loss are negligible. If, however, aggregate loss is significant, the design thickness is determined using the following equation:

DBS = DBS + (0.5 x GL)

where GL = total estimated aggregate (gravel) loss (in inches) over the performance period.

Step 9: The final step of the design chart procedure for aggregate surfaced roads is to convert a portion of the aggregate base layer thickness to an equivalent thickness of subbase material. This is accomplished with the aid of Figure 20. Select the final base thickness desired, DBSf (6 inches is used in the example). Draw a line to the estimated modulus of the subbase material, EBS. Go across and through the scale corresponding to the reduction in base thickness, DBSi -- DBSf. Then for the known modulus of the base material, EBS, determine the required subbase thickness, DSB.

As an example to illustrate the described procedure and the requirements of Article 6, assume the following:

o HVEEM R value of 20 for the roadbed soil.

o The minimum required EDLA of 5, over a 20 year design period for a total traffic of 36,500 18-kip ESAL.

Assume 6, 8, 10, and 12 inches of base thickness for preparation of the four tables. Per Article 6.6.1, the design serviceability loss is 3, and the allowable rutting is 2.

Proportion the total projected 18-kip ESAL traffic into the seasonal traffic values for column 4 according to the lengths of season specified in 6.6.1e.

The results of proceeding according to steps 4, 5, and 6 above are shown in the example tables, Tables A3-1 through A3-4.

Figure A3-5 shows the graph of total damage versus base layer thickness for this example. The serviceability criteria require a larger thickness of base than the rutting criteria. Use the higher value (11.6 inches) for design.

Gravel loss is specified for design purposes in 6.6.1b as 2 inches, therefore the required thickness, DBS, is:

DBS = DBS + (0.5 x GL) = 11.6 + (0.5 x 2) = 12.6 inches.

Use Figure 20 (reproduced showing the example as Figure A3-4) to determine the amount of subbase material required to reduce the base thickness by 6 inches.

TABLE 2a -- EXAMPLE ASSUMING 6 INCHES BASE COURSE
"TRIAL BASE THICKNESS DBS (INCHES)____6____" SERVICEABILITY CRITERIA RUTTING CRITERIA
PSI = ______3_____ RD (INCHES) ____2_____
-1 -2 -3 -4 -5 -6 -7 -8
SEASON (ROADBED MOISTURE CONDITION) ROADBED RESILIENT MODULUS MR (psi) BASE ELASTIC MODULUS EBS (psi) PROJECTED 18 -- KIP ESAL TRAFFIC W18 ALLOWABLE 18 -- KIP ESAL TRAFFIC (W18)PSI SEASONAL DAMAGE W18/(W18)PSI ALLOWABLE 18 -- KIP ESAL TRAFFIC (W18)RUT SEASONAL DAMAGE W18/(W18)RUT
WINTER (FROZEN) 20,000 30,000 9,125 32,000 0.29 350,000 0.03
SPRING/THAW (SATURATED) 1,500 30,000 4,563 2,200 2.07 3,500 1.3
SPRING/FALL (WET) 3,300 30,000 9,125 5,000 1.83 4,500 2.03
SUMMER (DRY) 4,900 30,000 13,687 7,000 1.96 7,500 1.82
TOTAL TOTAL TOTAL
TRAFFIC = 36,500 DAMAGE = 6.15 DAMAGE = 5.18
TABLE 2b -- EXAMPLE ASSUMING 8 INCHES BASE COURSE
"TRIAL BASE THICKNESS DBS (INCHES)___8___" SERVICEABILITY CRITERIA RUTTING CRITERIA
PSI = ______3_______ RD (INCHES) ____2_____
-1 -2 -3 -4 -5 -6 -7 -8
SEASON (ROADBED MOISTURE CONDITION) ROADBED RESILIENT MODULUS MR (psi) BASE ELASTIC MODULUS EBS (psi) PROJECTED 18 -- KIP ESAL TRAFFIC W18 ALLOWABLE 18 -- KIP ESAL TRAFFIC (W18)PSI SEASONAL DAMAGE W18/(W18)PSI ALLOWABLE 18 -- KIP ESAL TRAFFIC (W18)RUT SEASONAL DAMAGE W18/(W18)RUT
WINTER (FROZEN) 20,000 30,000 9,125 70,000 0.13 400,000 0.02
SPRING/THAW (SATURATED) 1,500 30,000 4,563 4,200 1.09 7,000 0.65
SPRING/FALL (WET) 3,300 30,000 9,125 12,000 0.76 11,000 0.83
SUMMER (DRY) 4,900 30,000 13,687 13,500 1.01 16,000 0.86
TOTAL TOTAL TOTAL
TRAFFIC = 36,500 DAMAGE = 2.99 DAMAGE = 2.36
TABLE 2c -- EXAMPLE ASSUMING 10 INCHES BASE COURSE
"TRIAL BASE THICKNESS DBS (INCHES)____10____" SERVICEABILITY CRITERIA RUTTING CRITERIA
PSI = ______3______ RD (INCHES) ____2______
-1 -2 -3 -4 -5 -6 -7 -8
SEASON (ROADBED MOISTURE CONDITION) ROADBED RESILIENT MODULUS MR (psi) BASE ELASTIC MODULUS EBS (psi) PROJECTED 18 -- KIP ESAL TRAFFIC W18 ALLOWABLE 18 -- KIP ESAL TRAFFIC (W18)PSI SEASONAL DAMAGE W18/(W18)PSI ALLOWABLE 18 -- KIP ESAL TRAFFIC (W18)RUT SEASONAL DAMAGE W18/(W18)RUT
WINTER (FROZEN) 20,000 30,000 9,125 120,000 0.08 400,000 0.02
SPRING/THAW (SATURATED) 1,500 30,000 4,563 8,000 0.57 11,000 0.41
SPRING/FALL (WET) 3,300 30,000 9,125 20,000 0.46 21,000 0.43
SUMMER (DRY) 4,900 30,000 13,687 28,000 0.49 28,000 0.49
TOTAL TOTAL TOTAL
TRAFFIC = 36,500 DAMAGE = 1.6 DAMAGE = 1.35
TABLE 2d -- EXAMPLE ASSUMING 12 INCHES BASE COURSE
"TRIAL BASE THICKNESS DBS (INCHES)____12____" SERVICEABILITY CRITERIA RUTTING CRITERIA
PSI = _____3______ RD (INCHES) _____2______
-1 -2 -3 -4 -5 -6 -7 -8
SEASON (ROADBED MOISTURE CONDITION) ROADBED RESILIENT MODULUS MR (psi) BASE ELASTIC MODULUS EBS (psi) PROJECTED 18 -- KIP ESAL TRAFFIC W18 ALLOWABLE 18 -- KIP ESAL TRAFFIC (W18)PSI SEASONAL DAMAGE W18/(W18)PSI ALLOWABLE 18 -- KIP ESAL TRAFFIC (W18)RUT SEASONAL DAMAGE W18/(W18)RUT
WINTER (FROZEN) 20,000 30,000 9,125 200,000 0.05 400,000 0.02
SPRING/THAW (SATURATED) 1,500 30,000 4,563 18,000 0.25 22,000 0.21
SPRING/FALL (WET) 3,300 30,000 9,125 30,000 0.3 31,000 0.29
SUMMER (DRY) 4,900 30,000 13,687 40,000 0.34 45,000 0.3
TOTAL TOTAL TOTAL
TRAFFIC = 36,500 DAMAGE = 0.82 DAMAGE = 1.35
mitchellst@pue… Tue, 01/07/2020 - 10:13 AM

Article 1 - General Provisions

Article 1 - General Provisions

1.1 Title

These regulations together with all future amendments shall be known as the "Pueblo County Roadway Design and Construction Standards" (hereafter called STANDARDS).

1.2 Purpose

The purpose of these STANDARDS is to provide a uniform set of minimum standards for the design and construction of roadways and related improvements within Pueblo County. The intent of these STANDARDS is to provide for a minimum standard level of service. If it can be shown that an alternate design, material or procedure will provide a level of service equal to or better than the required design, material, or procedure, said alternate may be approved by the Director of Public Works.

1.3 Applicability

These STANDARDS apply to all new roadway facilities to be constructed within Pueblo County except where other jurisdictions have direct authority (e.g., Colorado Department of Transportation, City of Pueblo, etc.). It is recognized that improvements to existing roadway facilities and construction of new roadway facilities within old townsites or subdivisions may not be possible in complete conformance with these STANDARDS because of existing alignment or grades, poorly laid out lots, right-of-way restrictions or other conditions. In such conditions the Director of Public Works may approve variations from these STANDARDS where safety is not compromised, and where no increase in expected maintenance cost to the County would result.

1.4 Authority

These STANDARDS have been adopted pursuant to the authority conferred within: Article 28 of Title 30; Article 2 of Title 43 and other applicable sections of the Colorado Revised Statutes of 1973, as amended.

1.5 Amendments and Revisions

These STANDARDS may, when deemed necessary, be altered, amended, or revised upon recommendation of the Director of Public Works and upon resolution of the Pueblo County Board of County Commissioners after the appropriate public review.

 

mitchellst@pue… Mon, 01/06/2020 - 11:39 AM

Article 2 - Administration

Article 2 - Administration

2.1 The County Road System

The Board of County Commissioners has adopted a Pueblo County Road Map showing all roads that have been officially made a part of the County Road System. This map is updated annually to reflect all additions, deletions and alterations to the County Road System. All open, used and maintained public highways in the un-incorporated area of the County are shown.

2.2 Traffic Control Devices

All traffic control devices installed on County roads shall conform to the most recent edition of the Manual on Uniform Traffic Control Devices and any manual or supplement thereto approved and distributed by the Colorado State Highway Commission. The Pueblo County Public Works Department shall be responsible for conducting any accident studies, traffic analysis, traffic control studies or other engineering studies required by state law or by the Manual on Uniform Traffic Control Devices which are prerequisite for the installation of traffic control devices on County roads, except as otherwise provided in a condition of a land use approval.

2.3 Road System Additions

The Board of County Commissioners is authorized by Section 43-2-112, C.R.S. 1973, to layout, widen, alter or change any County road and to acquire lands of private persons for County roads. The Public Works Department has staff responsibility for the planning, design, right-of-way acquisition, construction and inspection of all improvements to the existing County Road System. Roads constructed by others will ordinarily pass through six steps: planning, design, right-of-way acquisition/dedication, construction, inspection recommendation for acceptance of maintenance responsibilities, and acceptance of maintenance responsibilities.

2.3.1 Planning

The planning or layout of a new road shall be in accordance with the Pueblo Regional Comprehensive Development Plan. If a road is created through the subdivision process, all provisions of the Pueblo County Subdivision Regulations must be met.

2.3.3 Right-of-Way Dedication/Acceptance

A road created through the subdivision process shall have a specified right-of-way width shown on the plat along with a dedication statement. Acceptance of the plat by Pueblo County constitutes acceptance of the right-of-way, but does not constitute acceptance of the road for maintenance. The road does not become accepted for maintenance and part of the County Road System until it is constructed according to these STANDARDS and specifically accepted for maintenance by resolution of the Board of County Commissioners.

In certain circumstances a public road right-of-way may also be deeded to the County outside of the subdivision process. Any right-of-way conveyed by deed shall meet the same standards relative to width, alignment, etc. as roads created through the subdivision process. Prior to recommending acceptance of any deed for right-of-way, the Public Works Department may require the submittal of a survey plat, prepared by a professional land surveyor licensed to practice in the State of Colorado. Acceptance of the deed by Pueblo County constitutes acceptance of the right-of-way, but does not constitute acceptance of the road for maintenance. The road does not become accepted for maintenance and part of the County Road System until it is constructed according to these STANDARDS and specifically accepted for maintenance by resolution of the Board of County Commissioners.

2.3.4 Construction

Construction of new County roads shall comply with the provisions of Article 8.

2.3.5 Inspection

Adequate inspections by the Public Works Department ensure compliance with these STANDARDS and are the basis for the recommendation of the Director of Public Works for acceptance of the roads for maintenance and release of performance guarantees required by the Pueblo County Subdivision Regulations. Requirements for inspections are contained in Article 8.

2.3.6 Acceptance of Public Roads for Maintenance

Roads within the jurisdiction of Pueblo County are accepted for maintenance by the Board of County Commissioners by resolution only after the following requirements are met:

a. The Public Works Department has inspected the road in accordance with Article 8, and the Director of Public Works has recommended acceptance for maintenance.

b. The road connects to another maintained County road, state highway or city road.

c. If within a subdivision, the road terminates at an intersection or is constructed with an approved cul-de-sac.

d. All required road signs and traffic control devices have been installed in accordance with these STANDARDS.

e. A performance bond for 15% of the total cost of construction of the road has been submitted to the County to warrant the road construction for one year after the date of acceptance, OR at the developer’s option:

The final 15% of the collateral securing a subdivision improvements agreement covering construction of the road in question will not be released until the one year warranty period is over, OR

The road will not be accepted for maintenance for a one period after the time of completion of all improvements. At the conclusion of the one year period the Public Works Department will inspect the improvements and notify the developer in writing of any necessary repairs. All such repairs shall be completed by the developer prior to acceptance of the road for maintenance by Pueblo County.

f. All required subsurface utilities, including service stubs, under or within three feet (measured horizontally) of the physical road (including shoulder and curb and gutter) have been installed prior to finishing sub-grade. Utility installations that will be located within the right-of-way but which involve no roadway cuts may be installed later, subject to the approval of the Director of Public Works.

g. As-built plans signed by a licensed professional engineer have been submitted to the Public Works Department, which depict all approved design modifications or significant departures from the original approved plans and specifications.

2.4 Traffic Estimates for Design

All traffic estimates for design required within these STANDARDS shall be based upon estimates provided in Trip Generation, latest edition, by the Institute of Traffic Engineers. Traffic estimates for uses or facilities not covered within that publication will be as approved by or supplied by the Director of Public Works.

 

mitchellst@pue… Mon, 01/06/2020 - 11:41 AM

Article 3 - Constructions Drawing Requirements

Article 3 - Constructions Drawing Requirements

3.1 General Requirements

The construction drawing submittal shall be a complete package which includes all details and documentation necessary for the construction of the proposed improvements. All plans shall be prepared by or under the direction of a professional engineer licensed to practice in the State of Colorado.

3.2 Cover Sheet

A cover sheet shall be provided with each submittal involving multiple roads or sheets. Cover sheets shall contain:

a. A vicinity map at a minimum scale of 1" = 2000' which shows the location and name of all arterial or collector roads within one mile of the development and all roads within the proposed development.

b. Legend.

c. Name or company name, address and phone number of the engineer preparing the plans.

d. General notes.

e. Description and location of permanent vertical bench mark based on U.S.G.S. datum. Where it is not practical due to lack of available existing benchmarks in the area of the development, the plans may reflect an assumed bench elevation upon approval of the Director of Public Works. In the case of an assumed bench elevation a minimum of two benchmarks will be established and identified on the plan. All such bench marks shall be located within the proposed development or within public right-of-way adjoining the development.

f. Name and phone number of all utility companies with mains, lines, or facilities potentially impacted by the construction.

3.3 Plan and Profile Sheets

Plan and profile sheets shall be submitted for all proposed roadway construction.

Plan view shall include, but not be limited to, the following:

a. The scale shall be a minimum of 1" = 50'.

b. Locations and dimensions of existing and proposed property lines, easements, and rights-of- way.

c. Lot numbers and lot lines and dimensions if the road is within a platted subdivision.

d. Road names.

e. Survey and project centerline stationing.

f. Centerline stations for all intersecting roads, public and private, and for commercial or industrial driveways.

g. Existing improvements shall be depicted by dashed lines and proposed improvements by solid lines. Existing and proposed road improvements include curb and gutter, sidewalk, pavement, culverts, guardrail, etc., and includes all structures and appurtenances whether public or private within the right-of-way.

h. Curve information including radius, interior angle, curve length, and tangent.

i. Elevation and stationing for all curb returns, points of curvature, points of tangency, angle points and high or low point of vertical curves.

j. Rate of superelevation if applicable.

k. Match lines and adjoining sheet numbers.

l. Existing and proposed utilities, both overhead and underground, including but not limited to water, sewer, electric, gas, telephone, storm sewer and cable television.

m. Stations and critical elevations of all utility and drainage appurtenances, existing and proposed.

n. Traffic control signing and striping.

o. Erosion control measures.

p. Landscaping.

Profile view shall include, but not be limited to:

a. Vertical scale of a minimum of 1" = 5'.

b. Existing grades shall be depicted with dashed lines, proposed grades shall be depicted with solid lines.

c. Continuous stationing for the entire portion of the roadway shown in the plan view, with the centerline stationing of all intersecting roadways, public and private, and commercial and industrial driveways clearly labeled.

d. All design elevations shall represent roadway centerline finish elevation. Additional profile views of curb and gutter, etc. shall be included as needed for clarity.

e. Vertical curve data including length of curve and stationing and elevation of p.v.t., p.v.i., p.v.c., high/low point.

3.4 Cross sections

Cross sections will not normally be required. The Director of Public Works may require cross sections when needed to clearly show the proposed method of widening or matching into existing improvements or method of handling steep side slopes.

3.5 Striping and Signing Plan

The signing plan shall show at a minimum:

a. Location of all existing and proposed signs, clearly indicating if existing signs are to remain.

b. Legend with reference to standard MUTCD designations.

c. Typical detail of installation dimensions.

d. Blank gauge and material of signs.

e. Note reflectorization provided.

The striping plan shall show at a minimum as applicable:

a. Striping material (paint, thermoplastic, etc.).

b. Color designation and line width.

c. Lane width.

d. Line type (solid, skip, etc.).

e. Typical details for any acceleration/deceleration lanes, turning lanes, cross walks, etc.

3.6 Details

Pueblo County Standard Details or Colorado Department of Transportation Standard Details may be referenced without being reproduced on the plans where no modification to a standard is proposed or required. Any modifications to standards will require a specific detail to be included.

3.7 Standard Notes

The following general notes shall appear on the cover sheet or first sheet of all construction plan sets:

a. The contractor shall provide all signs, barricades, flaggers and devices necessary to comply with the requirements of the latest edition of the Manual on Uniform Traffic Control Devices. No work within any County right-of-way may begin until a traffic control plan has been submitted to and approved by the Public Works Department.

b. The contractor shall notify the Pueblo County Public Works Department at least seven days before starting construction of any public improvements or any construction within the County right-of-way.

3.8 Record Set Drawings

No set of construction plans will be considered to have final approval, nor will construction be allowed to begin until two complete record set copies of the plans have been submitted to the Public Works Department. The record set will be clearly marked "Record Set", and shall bear the signature and seal of the professional engineer responsible for their preparation on every sheet of the plans.

 

mitchellst@pue… Mon, 01/06/2020 - 01:11 PM

Article 4 - Functional Classification

Article 4 - Functional Classification

4.1 General

The Colorado Department of Transportation (CDOT) has classified all roads within Pueblo County in conformance with Highway Functional Classification Concepts, Criteria and Procedure by the United States Department of Transportation, Federal Highway Administration. Pueblo County believes it to be in the best interest of the public at large for Pueblo County’s functional classification system and classification of each road to be as consistent as possible with the CDOT classification system. To better define and establish certain design requirements (right-of-way width, roadway width, etc.) the local road system classification has been sub-classified as Local Access, Local Minor Residential, Local Industrial, and Local Commercial.

4.2 Pueblo County Roadway Classification Study

Pueblo County has adopted the Pueblo County Roadway Functional Classification Study and Pueblo County Roadway Functional Classification Map. The Study and Map are periodically revised and updated.

4.3 Functional Classifications

There are nine road classifications based upon the type and level of service for which the roads are intended. Table 1 in Appendix 2 lists the key design requirements for each of the classifications, and typical cross sections are found in Figures 1 through 9 in Appendix 1.

4.4 Urban and Rural Designations

For the purposes of these standards and specifically for determining the appropriate cross-section to be used for a specific road the term urban--and therefore the urban cross-section--shall apply for any road or subdivision where one or more of the following is true:

1. The site lies within an area covered by an approved master drainage plan adopted into the Pueblo Regional Comprehensive Development Plan, and said master drainage plan recommends curb and gutter and/or storm sewer for the road or site in question.

2. The site or road in question carries any of the following zone designations per the Pueblo County Zoning Resolution: residential zones R-1 through R-8 (not including R-A), neighborhood office zone 0-1, business zones B-1 through B-4, industrial zones I-1 through I-4.

3. Predominate design grades for the road or roads in question are 1 percent or less.

4. A roadside drainage ditch adequate to accommodate the 25 year storm event (with maximum 3:1 side slopes and conforming to all other applicable County standards) would be too large to fit within the available road right-of-way without decreasing the width of the roadway itself from the minimum standard.

5. Prevailing character of the surrounding area is consistent with an urban setting--roads are constructed in general conformance with the urban cross-section.

6. The combination of drainage control, access control, pedestrian protection and other factors specific to the site are such that the Board of County Commissioners deems curb and gutter and sidewalk to be in the best interest of the public health, safety, and welfare.

 

mitchellst@pue… Mon, 01/06/2020 - 01:20 PM

Article 5 - Design Standards

Article 5 - Design Standards

5.1 General

This section describes the geometric requirements for each road classification and the maximum and minimum standards applicable to the horizontal and vertical layout of the roads. The Section also covers subjects such as driveway entrances, pavement transitions and design, roadway structures, construction, etc. Almost all requirements are based on safety considerations; therefore, standards which provide a greater degree of safety may be used within reasonable economic limits, but standards which could provide conditions less safe than those described in this Section shall not be used.

5.2 Design Period

Geometric designs shall be based on estimated traffic volumes projected 20 years into the future. Variations in this design period may only be authorized by the Director of Public Works.

5.2.1 Level of Service

All collector and arterial roads shall be designed to provide a level of service C or higher at the 20 year design point. Local roads may be designed to a level of service D.

5.3 Policy on Use of Standards

AASHTO Standards

The American Association of State Highway and Transportation Officials (AASHTO) has published policies on highway practice. These are approved references to be used in conjunction with this Section. AASHTO policies represent nationwide standards which do not always satisfy local conditions. When standards differ, the instruction in this Section shall govern.

MUTCD Standards

All traffic control devices and road striping must be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) prepared by the U. S. Department of Transportation.

ITE Standards

Unless otherwise approved by the Director of Public Works, all traffic generation estimates shall be in accordance with the publication Trip Generation by the Institute of Transportation Engineers.

CDOT Standards

Unless otherwise specified herein or specifically modified herein, the Colorado Department of Transportation’s M & S Standards and Standard Specifications for Road and Bridge Construction shall control the design and construction of roadway improvements or details not specifically covered by these Standards.

5.4 Road Right-of-Way

The right-of-way requirements shown in Figures 1 through 9 of Appendix 1 and Table 1 of Appendix 2 are based on the minimum space needed for each classification of road when it is constructed to meet ultimate development requirements. The right-of-way must also be adequate to accommodate those utility lines which should be laid outside the road pavement areas. Adequate right-of-way must be provided for cut or fill slopes, bike paths, sidewalks, traffic control, drainage structures, fire hydrants and other public facilities when required.

5.5 Exception to Right-of-Way Standards

Reduced road right-of-way widths may be approved by the Board of County Commissioners when it can be demonstrated that for a specific location the standard width would be in excess of all known road improvement requirements or when existing or proposed development in the immediate area would make the standard width inappropriate. Normally, when reduced right-of- way widths are allowed a public utility and drainage easement is required between the reduced width and the standard width.

Right-of-way widths in excess of the standard width may be required in special circumstances such as when:

-- Cut or fill slopes cannot be confined within the standard width;

-- Minimum sight distance lines on horizontal curves are not within the standards;

--Minimum sight distances at intersections are not within the standards;

--Auxiliary lanes are to be provided;

--Additional right-of-way is required to accommodate storm water drainage facilities.

5.6 Curb and Gutter

5.6.1 Type of Curb and Gutter

Vertical curbs are also called "barrier curbs". They deter vehicle operators from driving onto areas not intended for vehicular use, control parking and provide a channel for longitudinal road drainage. Vertical curbs are required on urban roads. Vertical curbs with gutters are to be constructed in accordance with CDOT Standard M-609-1, Type 2, Section IIB.

The "alternate ramp curb and gutter" depicted in Figure 27 of Appendix 1 may be approved by the Director of Public Works for certain urban roads subject to the following conditions:

• The road on which the curb is proposed is a low volume, low speed road classified as Local Access or Local Minor Residential.

• The proposed road improvements are fronting a predominately undeveloped area or new subdivision, making it difficult or impossible to ascertain eventual driveway locations.

• It can be demonstrated that all storm drainage entering onto the road will be handled in accordance with County standard criteria.

5.6.2 Curb Returns at Road Intersections

The minimum radii for curb returns measured to the back of the curbs shall be in accordance with the following:

Minimum 15 feet when both roads are classified local access.

Minimum 25 feet when one of the roads is classified minor collector or higher.

Minimum 25 feet when one or both are classified local commercial.

Minimum 30 feet when one or both are classified local industrial.

Minimum 30 feet when both are classified minor collector or above.

All curb returns shall be provided with sidewalk from PC to PT of the same width as that provided for the sidewalk behind the tangent curb section.

5.7 Horizontal Curves

Horizontal alignment should provide for safe and continuous operation of motor vehicles at uniform design speed for substantial lengths of road. A horizontal curve is required when the angle of change in horizontal alignment is equal to or greater than one degree. The minimum radius of curvature will be determined by the design speed or by the stopping sight distance.

5.8 Minimum Radii Based on Design Speed

The table shown below provides a minimum radius of curvature for each of several selected design speeds with and without superelevation of 0.02 ft/ft. Wherever possible, the radii used in design should be larger. If stopping sight distance conditions require a larger radius than one shown in the following table, then the larger radius shall be used. All listed radii are to centerline.

Design Speed (MPH) Minimum Radii (ft)
Normal Crown 0.02 ft/ft Superelevation
20 125 105
25 250 180
30 400 310
35 600 450
40 850 650
45 1,100 850
50 1,400 1,050
55 1,800 1,350
60 2,200 1,650
65 2,700 2,000

5.8.1 Consideration of Stopping Sight Distance

When items such as walls, buildings, bridge piers, cut slopes, or vegetation growth are near the roadway on the inside of a curve, they can block a driver’s view of the road ahead. If they are too close, the driver will not have sufficient distance along the curved roadway to stop when a hazardous condition comes into view. It is assumed that the driver’s eye is 3.5 feet above the center of inside lane (the driving lane closest to the inside of curve) and that the hazardous condition is an object 0.5 feet high in the center of the inside lane. The line of sight is assumed to intercept the view obstruction at the mid-point of the line of site 2.0 feet above the center of the inside lane. The clear distance, M, is measured from the center of the inside lane to the view obstruction. The following is a table of minimum stopping sight distances for various design speeds:

Design Speed (MPH) Minimum SSD (FT)
20 125
25 155
30 200
35 245
40 300
45 370
50 450
55 545
60 645
65 750

The following equations are to be used when the length of the curve on the center of the inside lane must be equal to or greater than the stopping sight distance for the roadway:

• Assuming that the roadway geometry and design speed are fixed, the stopping sight distance, 5, and the radius to the center of the inside lane, R, will be known. The distance, M, found by the following equation will be the closest that an obstruction can be placed to the center of the inside lane:

M = R[l-COS(28.65 S/R)]

• If the radius R (for example the minimum radius based on design speed) and the distance, M, are tentatively selected, then the length, L, of the arc in the middle of the inside lane may be found by the following equation:

L = (R/28.65)COS-1[(R-M)/R]

5.8.2 Reduced Design Speed on Curves

The reduction of a road design speed on a curve should be avoided; however, where physical restrictions prohibit increasing the radius of the curve or the clear distance, M, the design speed for the curved section may be reduced with the approval of the Director of Public Works. In such circumstances, signing in accordance with the MUTCD is required. The difference between the design speed for the roadway approaching the curve and the design speed for the curve must not be greater than 10 MPH. The design speed for a curved roadway section must not be reduced if the reduction would occur at the end of a long tangent or at any location where high approach speeds may be expected.

5.8.3 Central Angles Not Requiring Curves

For central angles smaller than 1 degree no curve is required. In no event shall sight distance nor other safety considerations be sacrificed when a curve is not provided.

5.8.4 Compound Curves

A compound curve should be avoided; however, if site conditions make the use of a compound curve unavoidable, the shorter radius shall be at least 2/3 the longer radius when the shorter radius is 1,000 feet or less. Compound curves are not permitted when design speeds require the shorter radius to be greater than 1,000 feet.

5.8.5 Tangent Sections Between Curves in the Same Direction

On two-lane roads, tangent sections are needed between two curves in the same direction. If the pavement cross sections through the curves do not have superelevation, the minimum lengths for tangent sections are listed in the following table:

Design Speed (MPF) Tangent Length (FT)
20 ---
25 250
30 300
35 400
40 500
45 500
50 500
55 660
60 660
65 660

If superelevation is provided in the curved portions of the roadway, then the tangent lengths will be determined by the superelevation transition lengths, which shall be in accordance with the AASHTO publication, A Policy on Geometric Design of Highways and Roads.

5.8.6 Tangent Sections Between Reverse Curves & Approaching Intersections

A tangent section must be provided between two curves that curve in the opposite direction. A tangent section must also be provided between an intersection and a curve. If the pavement cross sections through the curves do not have superelevation, the minimum lengths for such tangent sections are listed in the following table:

Design Speed (MPF) Tangent Length (FT)
20 ---
25 100
30 150
35 200
40 250
45 250
50 300
55 300
60 400
65 500

If the curve radii are at least 50% greater than the radii required by the design speed, the tangent sections may not be required, depending on grades, topography and vegetation. If the curves are superelevated the superelevation transition lengths indicated in Table 1 will determine the minimum length of tangent sections between reverse curves.

5.8.7 Spiral Curves

Spiral curves are not permitted.

5.9 Vertical Alignment

The use of changes in the vertical alignment or grade of a road is necessary for many reasons including changes in topography, drainage requirements and aesthetic factors. A vertical curve is required when a grade change equal to or greater than 2.0% occurs. All sections of a road’s vertical alignment must meet stopping and passing sight distance requirements for the design speed established for the road. When considering alternative grade profiles, economic and aesthetic comparisons should be made. For further details, see the AASHTO publication, A Policy on Geometric Design of Highways and Roads.

5.9.1 Longitudinal Road Grades

Maximum and minimum grades for each functional classification are listed in Table 1. Longitudinal road grades which do not comply with Table 1 must be approved by the Director of Public Works. Approval will not be granted if safety is compromised, or in the absence of compelling physical constraints.

5.9.2 Steep Grades in Mountainous Areas

In mountainous areas, often it is not physically or economically feasible to design a grade profile that will allow uniform operating speeds for all vehicles. Sometimes a long, sustained gradient is unavoidable. A grade profile with sections of maximum gradient, broken by lengths of flatter grade, is preferable to a long, sustained grade only slightly below the maximum allowable.

5.9.3 Vertical Curves

Properly designed vertical curves should provide adequate sight distance, safety, comfortable driving, good drainage, and pleasing appearance.

Flat vertical curves may develop poor drainage at the level section. This difficulty may be overcome by a slight adjustment in the grade of gutter or other roadside drainage facility or by shortening the vertical curve. On 2-lane roads where extremely long vertical curves are necessary (over 1,320 feet), it is sometimes more economical to use 4-lane construction than to obtain passing sight distance by the use of a long vertical curve. Broken-back vertical curves (two vertical curves in the same direction separated by a short grade tangent) should be avoided.

Curve Criteria

1. Type of Curve

A parabolic vertical curve is to be used. Figure 10 in Appendix 1 gives all the necessary mathematical relations for computing a vertical curve, either crest or sag.

2. Sight Distance Requirements

Sight distance is the continuous length of road ahead which is visible to the driver. In design, two sight distances are considered: passing sight distance and stopping sight distance. Stopping sight distance is the minimum sight distance to be provided at all points on multi-lane roads and on two-lane local roads where passing sight distance is not required. Stopping sight distance shall also be provided for all elements of intersections at grade, including private road connections.

a. Stopping Sight Distance

The minimum stopping sight distance is the distance required by the driver of a vehicle, traveling at a given speed, to bring the vehicle to a stop after an object on the road becomes visible. Stopping sight distance is measured from the driver’s eyes, which are assumed to be 3.5 feet above the road surface, to an object 0.5 feet high on the road.

b. Passing Sight Distance

Passing sight distance is the minimum sight distance that must be available to enable the driver of one vehicle to pass another vehicle safely and comfortably, without interfering with the speed of an oncoming vehicle traveling at the design speed should it come into view after the passing maneuver is started. The sight distance available for passing at any location is the longest distance at which a driver whose eyes are 3.5 feet above the road surface can see the top of an object 4.25 feet high on the road.

c. Sight Distance Standards

The following table shows the minimum sight distances to be used for specific design speeds:

Design Speed (MPF) Minimum Sight Distance
Stopping (ft) Passing (ft)
20 125 800
25 155 950
30 200 1100
35 245 1300
40 300 1500
45 370 1650
50 450 1800
55 545 1950
60 645 2100
65 750 2300

Basic considerations regarding these sight distances are covered in the AASHTO publication A Policy on Geometric Design of Highways and Roads.

3. Minimum Vertical Curve Length

Minimum vertical curve lengths are determined by sight distance requirements for a given design speed and the algebraic difference in grade for which the curve is being designed.

a. Crest Vertical Curve Lengths

Minimum crest vertical curve lengths are determined by either the stopping sight distances or the passing sight distances. A minimum curve length based upon passing sight distance for a given road design speed and algebraic grade difference will be several times greater than the curve length based upon stopping sight distance using the same parameters.

1. Roads with Four or More Traffic Lanes

Because these roads have traffic lanes in which vehicles may pass without meeting traffic moving in the opposite direction, the minimum crest vertical curve lengths must only meet stopping sight distance requirement; however, it is desirable that they also meet passing sight distance requirements.

2. Roads with Two Traffic Lanes

The minimum crest vertical curve lengths for two-lane roads shall meet passing sight distance requirements. When crest curve construction in accordance with passing sight distance requirements would result in the creation of drainage problems or excessive cuts or fills, the curve length may be reduced with the approval of the Director of Public Works and the installation of no-passing signs and pavement markings.

3. Minimum Curve Length Determined by Stopping Sight Distance

The following equations are to be used to determine the minimum crest vertical curve lengths based upon stopping sight distance requirements:

When SS < L, L = ASS2/1329

When SS >L, L = 2SS - 1329/A

Where:

SS = Stopping sight distance in feet for a given design speed

L = Length of curve in feet

A = Algebraic grade difference in percent

4. Minimum Curve Length Determined by Passing Sight Distance

When Sp < L, L = ASp2/3093

When Sp > L, L = 2Sp - 3093/A

Where:

Sp = Passing sight distance in feet for a given design speed

L = Length of curve in feet

A = Algebraic grade difference in percent

b. Sag Vertical Curve Lengths

Minimum sag vertical curve lengths are determined by either the stopping sight distance or by comfort factors. The longer of the two possible minimum curve lengths will be used.

1. Minimum Curve Length Determined by Stopping Sight Distance

The following equations are to be used to determine the minimum sag vertical curve lengths based upon stopping sight distance requirements:

When SS < L, L = ASS2/(400 + 3.5SS)

When SS > L, L = 2SS - (400 + 3.5SS)/A

Where:

SS = Stopping sight distance in feet for a given design speed

L = Length of curve in feet

A = Algebraic grade difference in percent

2. Minimum Curve Length Determined by Comfort Factors

The following equation is to be used to determine the minimum sag vertical curve length based upon comfort factors:

L = AV2/46.5

Where:

L = Curve length in feet

A = Algebraic grade difference in percent

V = Design speed in miles per hour

5.10 Intersections

5.10.1 Angle of Intersections

A right-angle intersection provides the shortest crossing distance for intersecting traffic streams. It also provides the most favorable condition for drivers to judge the relative position and speed of intersecting vehicles. Intersection angles which vary from a right-angle by more than 4 degrees are not permitted except on local roads where a divergence up to 15 degrees is permitted when approved by the Director of Public Works.

5.10.2 Alignment and Profile

Intersections occurring on horizontal or crest vertical curves are undesirable from the standpoint of operation and sight distance. When there is latitude in the selection of intersection locations, vertical or horizontal curvature should be avoided. A line or grade change is frequently warranted when major intersections are involved. If a curve is unavoidable, it should be as flat as site conditions permit. Where the grade of the through roadway is steep, flattening through the intersection area is desirable as a safety measure.

5.10.3 Intersection Sight Distance

In order to provide the opportunity for vehicles on a stop-controlled intersection leg to safely cross or make left or right turns onto a non-controlled intersection leg, adequate sight distance must be provided. Two sight distance triangles may be drawn to represent the areas which must be free of all objects, vegetation and topography in excess of two feet above the road surface below the driver’s eye on the stop-controlled intersection leg. The AASHTO publication, A Policy on Geometric Design of Highways and Roads identifies the acceptable means for determining the size of the sight distance triangles based upon many variables, including speed, width of the non- controlled leg, etc. It is not practical to attempt to tabulate all possible combinations of the many variables. Each new road intersection or proposed modification of an existing road intersection shall be evaluated in accordance with the AASHTO procedure.

5.10.4 Median Openings at Road Intersections

1. Spacing and Location

If a road has a raised median, it may not be possible to have an opening in the median for every road intersection. Generally, median openings in arterial roads should be provided only for major cross roads. Median openings should be spaced at intervals no closer than 660 feet. If a median opening falls within 50 feet of an access driveway, it should be placed to include the access driveway.

2. Configuration of Openings

The configuration of median openings is to be determined by the AASHTO publication A Policy on Geometric Design of Highways and Roads.

3. Cross Slope

The cross-slope in the median opening shall be limited to a maximum of 0.02 foot per foot. Median openings on curves with superelevation rates exceeding 0.02 foot per foot will not be permitted.

5.10.5 Use of Cross Pans at Road Intersections

1. Locations Where Cross Pans are Prohibited

Cross pans may not be used across roads in the following types of intersections:

Arterial - Arterial

Arterial - Collector

Collector - Collector

Exceptions to this restriction must be approved by the Director of Public Works. The purpose of this restriction is to prevent the flow of nuisance water across arterial and collector roads on a frequent basis, and to maintain the traffic flow for which these classifications are required. The gutter profiles for arterial roads and collector roads should be designed with sag curves or sump conditions located as far away from the intersection as practical. This will allow the interception or removal of light storm water and nuisance water, with only the larger flows still reaching and passing through the intersection.

2. Cross Pan Widths

Where cross pans are normally allowed, they shall be designed and constructed in accordance with Colorado Department of Transportation M Standards. If the Director of Public Works approves the use of a cross pan across arterial or collector roads the width must be designed to meet road design speed requirements. In no case will cross pans be less than 8 feet in width at road intersections on the stop controlled road, nor less than 12 feet in width for all other locations.

5.11 Cul-de-Sac Road Lengths

A cul-de-sac is a road that serves more than one property owner and has only one intersection with the public road system. The following requirements apply the creation by plat or deed of new cul-de-sac roads, both public and private. The length of a cul-de-sac is measured between the centerline of the intersecting road and the radius point of the cul-de-sac. The minimum length of a cul-de-sac road is two times the radius. A cul-de-sac road shall not be longer than 660 feet and it shall not serve more than 20 single family dwelling units (and shall not serve uses projected to generate more than 200 vehicle trips per day in areas where the land use is other than single family residential).

5.12 Dead End Roads

Dead end roads will be allowed only where a future extension of the road would be necessary to serve adjacent properties when developed at a future date. When a dead end road is allowed, a temporary turn-around shall be provided. The maximum length of a dead end road shall be the same as the maximum length of a cul-de-sac road. Temporary turn-arounds shall match the physical requirements for cul-de-sac roads, and shall be provided with a temporary easement allowing for maintenance. Traffic control devices will be required that are designed to advise the motoring public of the existence of the dead end and to mark the end of the road.

5.13 Pavement Cross Section Slopes

The typical road cross sections are found between road intersections where there are no dip sections for drainage flow across the road. Undivided roads should have a normal crown which is a two-way cross slope with the cross section high point on the road centerline. Divided roads should have a cross slope on each pavement section with the high point of each section on the edge of the pavement nearest to the median. Unusual conditions may cause cross slope requirements to vary, but normally the cross slope should be in accordance with the following:

Standards for Pavement Cross Slopes

 

Surface Type Road Type Slope (%)
Portland Cement Concrete All 2
Bituminous Mix Pavements All 2.0-2.5
Gravel Local 2.0-3.0

5.14 Cross Section in Road Dip Sections

Where storm drainage runoff flows must cross the road, dip sections are required. The pavement through the dip section to carry the flow shall have a one-way slope (no crown) and curbing and medians must not be raised. Transitions back to normal road cross slopes will be required at both ends of the dip section.

5.15 Medians

5.15.1 Measuring Median Widths

The width of a median is measured from back of median curb to back of median curb. If the median has no curb, the width is measured between the centers of the continuous, painted median stripes.

5.15.2 Median Widths

Median widths are shown in Figures 1 and 2 in Appendix 1 for principal arterials and minor arterials. The widths shown shall be considered the minimum allowable widths. In special circumstances, the Director of Public Works may approve widths other than those listed, but in no case shall a median be constructed with a width less than 5 feet. If a median is to be landscaped, it shall not be less than 8 feet wide.

5.15.3 Paved Medians

A median less than 8 feet wide shall be paved. The paved surface should be crowned and have the same cross slope as the road pavement.

5.15.4 Unpaved Medians

Medians that are 8 feet or more wide are normally not paved. The grading of the unpaved areas shall be subject to the approval of the Public Works Department and shall assure positive drainage away from the traveled roadways via storm sewer, culverts or other means that do not result in runoff flowing on or across the roadway surface. Additionally, unpaved medians shall be vegetated pursuant to a vegetation plan approved by the Director of Public Works.

5.16 Design Speed

The design of geometric features such as horizontal and vertical curves will depend upon the design speed selected for the road. The choice of the design speed is primarily determined by the road classification. The design speed is the maximum speed for safe operation of a vehicle that can be maintained over a specific section of a road when conditions are so favorable that the design features of the road govern. Design speeds for the various classifications of roads may be found in Table 1. The use of design speeds other than those shown in Table 1 in Appendix 2 must be approved by the Director of Public Works.

5.17 Superelevation in Curves

5.17.1 Superelevation Rates

Superelevation rates of 0.02 ft/ft may be used on all classes of roads. Superelevation rates greater than 0.02 ft/ft may not be used except when specifically approved by the Director of Public Works. In no case may it exceed 0.06 ft/ft.

5.17.2 Transition for Superelevation

The length of superelevation transition shall be based upon the superelevation rate and the width of rotation. The axis of rotation shall generally be about the pavement centerline. The transition lengths for a superelevation of 0.02 ft/ft are provided in Table 1 in Appendix 2.

With respect to the beginning or ending of a horizontal curve, one-third (1/3) of the transition will be on the curve and two-third (2/3) of the transition will be on the tangent section.

5.17.3 Drainage on Superelevated Curves

Whenever superelevation is allowed on a divided road, a storm drainage system to collect the runoff along the median curb shall be provided. In no case shall nuisance water from the higher traveled way be allowed to cross over the lower traveled way.

5.18 Bridges

For the purposes of this section the term bridge shall mean any structure for the purpose of allowing a public road or trail to cross over any stream, gulch, ditch, drainageway, etc. and having a span of 4 or more feet. This shall include box culverts and pipe culverts 48 inches or larger in diameter.

All bridge structures to be constructed within the public right-of-way shall be designed by a professional engineer licensed in the State of Colorado and qualified to perform such work. All bridge designs will be in accordance with the Standard Specifications for Highway Bridges adopted by AASHTO, latest edition, and the Colorado Department of Transportation’s design and detail memos. Design loading for all bridge structures within a public right-of-way shall be HS 20-44.

5.18.1 Bridge Hydraulic Capacity

The required minimum hydraulic capacity for bridges shall be determined using a design storm frequency based on the following criteria (Q50 = peak flow from a 50 year storm event):

Road type Q50 storm frequency (yr)
Expressway --- 100
Principal Arterial --- 100
Minor Arterial --- 100
Major Collector (urban) --- 100
Major Collector (rural) > 4000 cfs 50
< 4000 cfs 25
Minor Collector (urban) --- 100
Minor Collector (rural) > 4000 cfs 50
< 4000 cfs 25
Local > 4000 cfs 50
< 4000 cfs 25

5.18.2 Bridges Within FEMA Designated Flood Hazard Areas

For any structure to be located within a FEMA designated flood hazard area, documentation will be submitted by the design engineer demonstrating that no increase in the 100 year flood elevation will occur due to the structure. Documentation will include Hec 2 analysis and an approved flood hazard area development permit.

5.18.3 Acceptance for Maintenance

No bridge structure will be accepted for maintenance by Pueblo County until the Public Works Department has been provided with inspection reports prepared by a state approved bridge inspector demonstrating a minimum sufficiency rating of 95 pursuant to the CDOT Structure Inventory Coding Guide. At the discretion of the Director of Public Works the County may have the bridge inspected along with other County structures during a regular inspection year and bill the bridge owner for the cost of the inspection and resulting report.

5.19 Guardrail

Installation of guardrail may be required by the Public Works Department. The AASHTO publication Roadside Design Guide and CDOT M standards will be used as guidelines by the Public Works Department in evaluating the need for guardrail. When required, the installation of guardrail shall comply with CDOT specifications and M standards.

5.20 Private Roads within Previously Dedicated Public Right-of-Way

There are numerous road rights-of-way within Pueblo County which were created and dedicated to the public by subdivision plats that pre-date the present regulations (i.e. prior to August 1972). In many instances the roads were never actually constructed or were constructed too poorly to be accepted by the County for maintenance. Instances arise where a private property owner has no legal access to his/her property except over and across a platted, deeded or dedicated right-of-way in which no road exists. Pueblo County will not issue building permits nor certificates of occupancy for any property whose sole access is a public right-of-way not maintained by Pueblo County unless the person or persons desiring to use the right-of-way do one of the following:

A. Construct the road from its intersection with a maintained public road to a point along the frontage of the property to be accessed which would provide a road frontage equal to or greater than the minimum lot width required by the zone district the property is located in, or the entire frontage of the property, whichever is less. Construction shall be in compliance with all County standards applicable to the road’s functional classification. Upon completion of the construction in accordance with all applicable sections of these STANDARDS, application may be made to the Board of County Commissioners for acceptance of the road for County maintenance.

B. Apply to the Board of County Commissioners for a vacation of the public road right-of-way. Prior to issuance of the building permit, the person or persons wishing to use the resulting private road for the sole access to their property will be required to record at the Pueblo Clerk and Recorder’s office a waiver of maintenance, acknowledging that Pueblo County does not and will not maintain the road.

5.21 Mailboxes

Mailboxes may be located within the public road right-of-way provided they do not create a roadside hazard, do not obstruct vehicular or pedestrian traffic, and do not unreasonably interfere with road maintenance activities such as snow plowing and weed mowing. On roads with traffic volumes in excess of 2000 vehicle trips per day, mailboxes shall be located at least 8 feet away from the edge of the traveled way and shoulder areas shall be provided which are adequate to support all weather vehicular traffic without damage to the public roadway, shoulder, or edge of roadway. Any variance to this requirement will be at the sole discretion of the Director of Public Works, and will be due to physical restraints beyond the control of the mailbox owner. In high density areas group or clustered mailboxes may be required. Mailboxes and their supporting structures shall not be allowed within sidewalks.

Installation of mailboxes shall comply with Figures 12 through 14 in Appendix 1.

mitchellst@pue… Mon, 01/06/2020 - 01:21 PM

Article 6 - Pavement Structure Design

Article 6 - Pavement Structure Design

6.1 General Policy

The procedure for the design of pavement structure sections shall be based upon the most recent edition of the Colorado Department of Transportation’s Roadway Design Manual and the AASHTO Guide for Design of Pavement Structures. Minor modifications to the CDOT manual procedure and specific minimum values of constants or factors are specified herein.

6.1.1 Road Surfaces

It is the policy of Pueblo County that the surface of all new roads constructed within a public right-of-way shall be hot bituminous pavement (asphalt) or Portland cement concrete pavement. The sole exception to this policy is any road classified as a Local Minor Residential road, which may be constructed with a final gravel surface--subject to the approval of the Director of Public Works--provided:

a. The projected traffic volume 20 years in the future does not exceed 100 vehicles per day.

b. The proposed road profile and other design details combined with the surrounding topography and other characteristics will not create the potential for erosion and loss of gravel due to storm run-off.

c. No special maintenance problems or difficulties due to the gravel surface are anticipated by the Public Works Department considering the location and proposed use of the road.

6.1.2 Pavement Thickness

The required thickness of pavement shall be based upon the provisions of this Article 6. In no case, however, shall the thickness of hot bituminous pavement for a road to be maintained by the County be less than three inches.

6.2 Pavement Structure Design Report

A pavement design report shall be submitted prior to the approval of any roadway construction plans involving new pavement, overlay of existing pavement or widening of existing pavement. The report shall be prepared by a professional engineer licensed to practice in the State of Colorado.

The pavement design report shall include the following minimum information:

a. Soil logs along the proposed roadway alignment at a maximum of 500 foot intervals. Logs shall include a soil profile for a minimum depth of four feet below the proposed sub-grade elevation.

b. Each representative sample shall be classified according to the AASHTO Unified Soil Classification Table, and shall have an Atterberg Limits Test and sieve analysis performed.

c. The pavement design procedure is based upon the resilient modulus, MR, of the sub-grade soils. The value of MR may be obtained from a HVEEM Stabilometer test ‘R" value by the following formulae:

to convert HVEEM "R" to soil support, S1

S1 = [("R" - 5)/11.29] + 3

to convert S1 to MR

MR = 10 (S1+ 18.72 )/6.24

d. Proposed average daily traffic volumes (ADT) for each road based on 100% of full development plus a 10% adjustment for construction traffic. Traffic analysis for the purpose of pavement design shall be as specified in Article 2.

e. Recommended structural sections, based on the design considerations, proposed typical sections, and sections of roadway which may require additional stabilization or treatment.

6.3 Design Considerations

The following elements are to be used in the design procedure:

a. The design procedure is based on the number of 18,000 pound single axle equivalent load applications (18K EDLA) per traveled lane. In no case shall the design 18K EDLA be less than the following values:


Local Minor Residential 5
Local Access 10
Local Commercial 30
Local Industrial 60
Minor Collector 50
Major Collector 100
Minor Arterial 200
Principal Arterial/expressway 300

b. The serviceability loss, PSI, for local roads and minor collectors shall be 2.5; for major collectors and arterials it shall be 2.0.

c. The reliability factors used shall be the following:


Local Minor Residential 75
Local Access 75
Local Commercial 75
Local Industrial 75
Minor Collector 80
Major Collector 85
Minor Arterial 90
Principal Arterial/expressway 95

d. Overall standard deviation, SO, shall be 0.44 for all designs.

e. An adjustment to the structural layer coefficients for drainage conditions will not normally be needed for new construction. (Less than the fair drainage assumed under the CDOT method would not be allowed under new construction). In no case will structural layer coefficients be modified by a factor greater than 1.0. In those instances where, due to existing constraints or physical conditions, occasional moisture levels within the base or sub-base may approach saturation, the following factors will apply:


quality of drainage percent of time pavement is exposed to moisture levels approaching saturation
< 1% 1 - 5% 5 - 25%
fair 1 1 0.8
poor 1 0.8 0.6
very poor 0.95 0.75 0.4

f. Strength coefficients per one inch layer of a given material for layered pavement design purposes shall be as follows:

hot bituminous pavement 0.44
class 6 base course 0.12
class 2 sub-base course 0.10

Strength coefficients for specially treated base materials for design purposes must be approved by the Director of Public Works.

6.4 Full Depth Asphalt

Full depth asphalt designs will only be allowed with the approval of the Director of Public Works, and will not be allowed on clay sub-grade soils.

6.5 Layered Design Analysis

Layered structures (asphalt on aggregate base course) shall be designed in accordance with the principles shown in Figure 16 in Appendix 1. First, the structural number required over the sub- grade soil is computed. In the same way, the structural number required over the sub-base layer should also be computed, using the applicable strength values for each. By working with differences between the computed structural numbers required over each layer, the maximum allowable thickness of any layer can be computed. For example, the maximum allowable structural number for the sub-base material would be equal to the structural number required over the sub-base subtracted from the structural number required over the sub-grade soil. In a like manner, the structural numbers of the other layers may be computed. The thickness for the respective layers may then be determined as indicated in Appendix 1, Figure 15.

Required nomographs and tables are contained in Appendix 1, Figures 16 and 17. An example pavement structure design can be found in Appendix 3.

6.6 Gravel Road Design

The procedure accepted by Pueblo County for selection of base and sub-base thickness for gravel roads is based upon the AASHTO Guide for Design of Pavement Structures. Portions of this section including the tables and nomographs in Appendix 1, Figures 18, 19 and 20 are taken from that publication.

6.6.1 Factors

The allowable values for factors used in gravel road design are as follows:

a. Allowable rutting, RD = 2 inches

b. Gravel loss, GL = 2 inches

c. Serviceability loss, ?PSI = 3.0

d. Quality of roadbed soils for use in the table in 6.6.1 f shall be based upon HVEEM Stabilometer "R" value as follows:

R < 15 Very Poor
R = 15 - 25 Poor
R = 25 - 35 Fair
R = 35 - 55 Good
R > 55 Very Good

e. Season lengths, in number of months, shall be based upon U. S. climatic region VI, and are as follows:

Winter (roadbed frozen) 3.0 months
Spring thaw (roadbed saturated) 1.5 months
Summer (roadbed dry) 4.5 months
Spring/fall (roadbed wet) 3.0 months

f. Seasonal roadbed soil resilient moduli, MR (psi), as a function of the relative quality of the road bed material shall be as follows:


Quality of roadbed soil Season (roadbed soil moisture condition)
Summer Winter Spring-thaw Spring/fall
very good 20,000 2,500 8,000 20,000
good 20,000 2,000 6,000 10,000
fair 20,000 2,000 4,500 6,500
poor 20,000 1,500 3,300 4,900
very poor 20,000 1,500 2,500 4,000

6.6.2 Gravel Design Example

An example of a gravel roadway design is contained within Appendix 3, including text descriptions of the design steps in the AASHTO method.

mitchellst@pue… Mon, 01/06/2020 - 02:15 PM

Article 7 - Roadway Access

Article 7 - Roadway Access

7.1 Authority

Pursuant to Section 43-2-147(1), C.R.S., local governments are authorized to regulate vehicular access to and from any public roadway under their respective jurisdiction from or to property adjoining the roadway.

7.2 Purpose

It is the purpose of this section to provide the procedures and standards necessary to protect the public health, safety and welfare, to maintain smooth traffic flow, to maintain proper roadway drainage and to protect the functional level of the County road system while meeting state, regional, local and private transportation needs and interests.

7.3 Implementation

No person shall construct any access providing direct movement to or from any Pueblo County maintained roadway to or from property adjoining the roadway without an approved access permit issued by the Pueblo County Public Works Department.

Access permits shall be issued only in compliance with this Article. In no event shall an access be allowed or permitted if it is detrimental to the public health, safety or welfare.

7.4 Application for a Permit and Issuance of Permits

7.4.1 Persons wishing to apply for direct access to a County roadway shall apply to the Public Works Department on a standard form provided by the Department. In addition to the form, the Public Works Department may require any or all of the following items:

a. Site plan showing location of proposed access and proposed improvements. Plan shall show any existing access.

b. Roadway and driveway plan and profile.

c. Drainage plan of the site demonstrating mitigation of impact to the County roadway and drainage system.

d. Any proposed improvements, modifications or structures within the County right-of-way.

7.4.2 Upon receiving a complete application for an access permit, the Public Works Department shall inspect the site and inform the applicant of the site specific requirements for construction of the access. Such requirements may include surface treatment of driveway, culvert or other drainage structures, width of access, etc.

7.4.3 The actual access permit will not be finalized nor issued to the applicant until construction of the access has been completed in accordance with the specifications of this Article and in compliance with the site specific requirements as determined by the Public Works Department after field inspection.

7.4.4 If construction of an access does not commence within 1 year of the date of application, the application will become null and void. Re-application will be required.

7.5 Access Control Standards

It is the policy of Pueblo County that private direct access to the public road system will be provided by way of the lowest classified road possible. For example, no private direct access shall be granted to a property from an arterial road when the property can be accessed from a collector or lower classified road. Similarly, no private direct access shall be granted to a property from a collector road when the property can be accessed from a local access road. Exceptions to this policy will be made only when it is demonstrated that a severe hardship would be caused the property owner by strict enforcement of the policy, a hardship arising from the unique circumstances or characteristics of the particular site.

7.5.1 Principal and Minor Arterials

When private direct access is allowed to an arterial road, the following restrictions shall apply:

a) No more than one access approach shall be provided to an individual parcel or to contiguous parcels under the same ownership, unless it can be demonstrated that additional accesses would be beneficial to the safety and operation of the road system.

b) On two lane arterials access approaches may be limited to only right-in and right-out turning movements if the access is within 500 feet of the nearest intersection.

c) No access shall be permitted within 300 feet of a median opening unless the access is directly aligned with the median opening.

d) No access configuration will be allowed that requires a vehicle to back out onto the roadway.

Intersections shall be spaced no less than one half mile apart on principal arterials and one quarter mile apart on minor arterials, unless such spacing is impractical or impossible due to topographic or other physical limitations.

7.5.2 Major Collectors

When private direct access is allowed to a major collector road, the following restrictions shall apply:

a) No more than one access approach shall be provided to an individual parcel or to contiguous parcels under the same ownership, unless it can be demonstrated that additional accesses would be beneficial to the safety and operation of the road system.

b) On two lane major collectors access approaches may be limited to only right-in and right-out turning movements if the access is within 500 feet of the nearest intersection.

c) No access shall be permitted within 300 feet of a median opening unless the access is directly aligned with the median opening.

d) No access configuration will be allowed that requires a vehicle to back out onto the roadway.

Major intersections--those with another collector or higher classified road--shall be spaced no less than one quarter mile apart on major collectors, unless such spacing is impractical or impossible due to topographic or other physical limitations. Spacing of public and private local access roads shall be no less than 300 feet.

7.5.3 Minor Collectors and Local Access Roads

Intersections shall be spaced no less than 150 feet apart unless such spacing is impractical or impossible due to topographic or other physical limitations.

7.6 Construction of Access

7.6.1 The expected dates of construction and use of the access shall be included on the application for the permit. The applicant shall notify Public Works at least 72 hours prior to any construction within the County right-of-way.

7.6.2 Public Works shall inspect the access during construction as needed and upon completion of construction to ensure that all terms and conditions of the permit application are met.

7.6.3 The construction of the access and its appurtenances as required by the terms and conditions of the permit application shall be completed at the sole expense of the applicant. Pueblo County will not supply either materials or labor for the construction of the access and appurtenances.

7.6.4 It is the responsibility of the applicant to complete the construction of the access according to the terms and conditions of the permit. Public Works may order a halt to any unauthorized construction or use of an access.

7.6.5 All construction within the County right-of-way shall be performed only by a licensed, bonded, and insured contractor, pursuant to Pueblo County Resolution No. 86-283.

7.6.6 Adequate traffic control and construction signing in conformance with the most recent edition of the Manual on Uniform Traffic Control Devices is required at all times during construction of the access. All such traffic control and signing shall be at the applicant’s expense and shall not be provided by Pueblo County.

7.6.7 The allowable hours of work within the County right-of-way may be restricted due to peak hour traffic demands, storm water flow, or other pertinent operating restrictions.

7.6.8 All roadway access improvements including pavement, curbs, gutters, sidewalks, drainage structures, ditches and auxiliary lanes shall be within the County right-of-way. Any additional right-of-way required for such improvements must be dedicated or deeded to Pueblo County prior to construction beginning.

7.7 Use of Access

7.7.1 It is the responsibility of the property owner to ensure that the use of the access is in compliance with this Article and all conditions and terms of the permit.

7.7.2 Access permits are issued for a specific use or type of service. No change in the type of use or service (for instance from single family residential to commercial) may be made without the property owner applying for an amended access permit and securing approval from the Public Works Department. Any change in the land use of the property served by the access which, in the opinion of the Public Works Department, can be reasonably expected to result in a significant change in the volume or type of traffic using the access may necessitate issuance of a new or amended access permit.

7.7.3 Any access, whether constructed before, on, or after the date of adoption of these STANDARDS, may be required by the County to be reconstructed or relocated to conform to this Article, either at the property owner’s expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of access operation; or at the expense of the County if the reconstruction or relocation is necessitated by changes in road or traffic conditions.

7.8 Illegal Accesses

For the purposes of these STANDARDS any access for which any of the following statements is true shall be considered an illegal access:

a. The access was installed after the enactment of these STANDARDS without an access permit being applied for and issued.

b. The access was installed or is being used contrary to the terms and conditions of an access permit application or an approved access permit.

c. The land use of the property or the type of the service for which the access is being used has changed significantly since these STANDARDS were enacted without an access permit or amended permit being granted.

7.8.1 Policy for Correcting Illegal Accesses

Upon discovery of an access considered illegal under the terms of this section, the Public Works Department will send written notice to the property owner. The notice will be sent via certified mail, return receipt requested, to the last known address of the owner as shown in the records of the County Assessor’s Office. Such notice will include a description of all steps necessary to bring the access into compliance. If the property owner fails to bring the access into compliance within 30 days of the written notice the Public Works Department may, at its option, install barriers across the access or remove the access.

7.9 Drainage

The roadway drainage system is for the protection of the Pueblo County roadway and right-of-way. It is not designed or intended to serve the drainage requirements of abutting properties beyond the levels which have historically flowed to the County right-of-way. Drainage to the County right-of-way shall not exceed the undeveloped historical flow.

7.9.1 Drainage structures constructed as part of an access shall not restrict or obstruct the existing drainage system, and shall be in accordance with approved drainage plans or studies where applicable. Culverts shall be a minimum of 18 inches in diameter. Length, diameter, cover, type, and inlet and outlet elevation of all culverts is subject to approval of the Public Works Department.

7.9.2 Accesses shall be constructed in such a manner that does not cause erosion and will not result in deposition of silt and debris upon the County roadway. Accesses which slope down toward the public road will be constructed to include suitable means of assuring water does not run onto or across the traveled public way. This may include crown, borrow ditches, pans, etc. along the access sufficient to direct water to the existing drainage facilities along the public road.

7.10 Driveways

7.10.1 Geometric Standards

Driveways shall conform to the geometric standards illustrated in Appendix 1, Figures 21 through 23. Any variation from the requirements shown due to physical site restrictions or unusual circumstances must be approved by the Director of Public Works.

7.10.2 Location

Location of driveways shall be in accordance with Figure 24 in Appendix 1

7.10.3 Miscellaneous Requirements

a. Only one residential access per lot or parcel will be allowed unless lot frontage is of sufficient width to allow a minimum spacing of 50 feet between driveways on one parcel or lot.

b. If the road which will be accessed is paved, the Applicant shall pave the full width of the driveway access from the edge of the roadway asphalt a distance toward the property line which is the largest of any of the following which apply:

1. Top of the borrow ditch bank on the property line side of the ditch.

2. Back of sidewalk.

3. High point of driveway swale on the property line side of the driveway swale.

In no case will the driveway paving extend less than 5 feet from the edge of the roadway asphalt. The minimum depth of asphalt paving shall be two lifts of two inches each of grade C or CX hot bituminous paving. The paving shall be placed on top of a minimum 6 inches of class 6 aggregate base course material which has been compacted to 95% standard Proctor density.

c. If the road which will be accessed is not paved, the driveway shall be constructed with class 6 aggregate base course material a minimum of 9 inches in depth from the edge of the road to the property line.

d. If an unlined drainage ditch exists along the road to be accessed, the Applicant must supply and install a culvert pipe in the driveway. The length and diameter of the pipe shall be as determined by the Public Works Department, but in no case shall the pipe be smaller than 18 inches in diameter nor less than 20 feet in length. The pipe will be bedded with a minimum of 6 inches of class 6 aggregate base course material with a minimum of 1 foot of cover over the pipe, compacted to 95% standard Proctor density. A swaled access is a permissible alternative assuming all other conditions are met, at the discretion of the Public Works Department.

e. Culvert pipes shall be given one of the following end treatments at both the inlet and outlet ends at the discretion of the Director of Public Works:

* Concrete slope paving--see Figure 25 in Appendix 1.

* Concrete headwall--see Figure 26 in Appendix 1.

7.11 Driveway Location Limitations

A NEW driveway access will not be allowed:

1. Within 10 feet of any commercial property line except when it is a joint-use driveway serving two abutting commercial properties and access agreements have been exchanged between, and recorded by, the two abutting property owners;

2. When the total width of all driveways, existing and proposed, serving a given property would exceed 50% of the curb line frontage where such frontage is 100 feet or less;

3. Within 50 feet of the right-of-way line of an intersecting non-arterial road;

4. Within 100 feet of the right-of-way line of an intersecting arterial road;

5. Within 100 feet of an approved median opening location on an arterial road;

6. Within 25 feet of a guardrail ending;

7. Within 100 feet of a bridge structure;

8. Within the minimum spacing as established by Figure 24 in Appendix 1; or,

9. When adequate sight distance cannot be provided to vehicles on the driveway attempting to access the road.

Exceptions may be made by the Director of Public Works where the application of these standards

would create undue hardship to the abutting property owners.

7.12 Speed Change Lanes

Speed change lanes for right turning movements are required for any access (including public and private roads, driveways, etc.) based upon posted speed limits and traffic volumes according to the warrants listed in the following table.

RIGHT TURN LANE WARRANTS
Posted Speed of Main Road in MPH 25 30 to 40 45 to 50 55
If the DHV of the main road is 500 400 200 150 2 lane road
1400 1200 800 600 4 or more lanes
And the DHV/ADT of the access or minor road is 50/140 40/350 20/175 15/150 2 lane road
70/625 60/550 40/350 25/225 4 or more lanes
a) For roads with four travel lanes, DHV values of the main road will be only in the direction of the access approach.
b) A right turn acceleration lane is not required if the posted speed is 40 mph or less, nor at a signalized intersection.
c) DHV of the road may be obtained from the Public Works Department and is considered to be the average peak hourly volume for a twenty year projection.

When required, speed change lanes for right turning movements shall be constructed in accordance with the following table:

RIGHT TURN LANE
Acceleration Lane Deceleration Lane
Posted Speed Lane Length Taper Lane Length Taper
30 90 100 105 80
35 165 125 130 105
40 200 180 150 140
45 270 210 190 160
50 440 240 225 180
55 500 300 250 240

Speed change lanes for left turning movements are required for any access (including public and private roads, driveways, etc.) based upon posted speed limits and traffic volumes according to the warrants listed in the following table.

LEFT TURN LANE WARRANTS
Posted Speed of Main Road in MPH 25 30 to 40 45 to 50 55
If the DHV of the main road is 500 400 200 150 2 lane road
1000 900 600 400 4 or more lanes
And the DHV/ADT of the access or minor road is 30/250 20/175 15/125 12/100 2 lane road
45/375 30/250 20/175 12/100 4 or more lanes
a) For roads with four travel lanes, DHV values of the main road will be only in the direction of the access approach.
b) A right turn acceleration lane is not required if the posted speed is 40 mph or less, nor at a signalized intersection.
c) DHV of the road may be obtained from the Public Works Department and is considered to be the average peak hourly volume for a twenty year projection.

When required, speed change lanes for left turning movements shall be constructed in accordance with the following figure and table:

LEFT TURN LANE
Posted Speed Approach Taper Bay Taper Lane Length
30 280 100 135
35 350 125 150
40 420 150 165
50 630 200 235
55 700 250 250

For use of the above figures and tables and the design of speed change lanes, the following notes apply:

• Minimum width of speed change lanes shall be 12 feet, exclusive of shoulder.

• The design hour volume, DHV, shall be considered the average peak hour volume.

• Applicants for residential accesses serving more than 10 dwelling units, commercial accesses, and industrial accesses shall submit a traffic study which includes estimates of the volume and type of traffic to be using the access at build-out, turning movements into and out of the access, the effect of the proposed access on the existing traffic on the public road to be accessed, and any other information deemed by the Public Works Department to be necessary to evaluate the specific site requirements.

• The lengths shown for speed change lanes are minimum lengths which may need to be increased due to grade, sight distance, topography, etc. For grades of 3 percent or more the lane length shall be increased in accordance with the factors contained in the Colorado Department of Transportation’s Roadway Design Manual.

• For deceleration lanes where vehicle turning movements are 30 DHV or more, additional storage length is required according to the following:

DHV of Deceleration Lane Additional Storage Length
30 25
60 50
100 100
200 175
300 250

7.13 Application Fees

Minimum administrative and inspection fees shall be charged to the applicant for any access permit. The fee is intended to cover the actual cost incurred by the Department of Public Works in administration of the permit and inspection of the proposed location of the access and construction of the access for compliance with the standards outlined in this policy.

7.13.1 The minimum permit fee for an access permit shall be as follows:

Type of Access (based on use) Fee
Residential $25.00
Agricultural $25.00
Commercial $50.00
Industrial $50.00

7.13.2 The minimum application fees listed in 7.13.1 are due and payable at the time of application and prior to the issuance of any permit.

7.13.3 In addition to the minimum fees listed in 7.13.1, the applicant will be billed for additional costs incurred by the Public Works Department as a result of the applicant’s failure to comply with the conditions and terms of an access permit application or the requirements for notification prior to construction as stated herein. The additional costs will be based upon the actual time spent by the Construction Inspector or other designated representative in inspecting the construction of the access when more than the initial field inspection of the construction is required due to the failure of the applicant or his hired contractor to comply with the requirements and specifications of this policy. The actual cost will be determined based upon the actual time spent in such additional inspections, including travel time, multiplied times the loaded wage rate for the inspector involved.

7.14 Damage to County Roadway and Improvements

Any damage to the pre-existing County roadway, drainage ways, structures, traffic control devices, etc. within the County right-of-way arising from or occurring during the construction of the roadway access, or performed on the property served in connection with the use for which the permit is applied, shall be promptly repaired by the applicant prior to the final issuance of the permit. All debris, rubble, excess material, etc. will be removed from the County right-of-way.

 

mitchellst@pue… Mon, 01/06/2020 - 03:47 PM

Article 8 - Construction Specifications

Article 8 - Construction Specifications

8.1 General Policies

For the purposes of this Article "work" shall be defined as the providing of labor, materials and equipment necessary for the completion of the construction, re-construction, repair, modification or relocation of road, drainage, traffic control, utility and other structures, appurtenances, or improvements within the right-of-way or related easements as required by a land use approval or allowed by an access or excavation permit.

Pueblo County and Colorado Department of Transportation Construction Specifications.

During the prosecution of the work all materials, performance, and quality of work shall conform to the requirements of these STANDARDS and the most recent edition of the Colorado Department of Transportation’s Standard Specifications for Road and Bridge Construction. Specific modifications to the CDOT Specifications are made within this Article.

If these STANDARDS or the CDOT Specifications do not cover a specific situation during the course of work, applicable specifications must be approved by or obtained from the Director of Public Works. The Director of Public Works shall be the final authority on the meaning or interpretation of all specifications. In the event of a conflict between these STANDARDS and CDOT Specifications, these STANDARDS shall control.

8.2 Control of Work

All work done within County road right-of-way and applicable work done on private property shall be inspected and documented by Pueblo County to ensure compliance with these STANDARDS, the approved plans, and any subdivision improvements agreement. The Pueblo County Public Works Department shall have the authority to control work as determined by these STANDARDS, decide all questions which may arise as to the quality and acceptability of materials furnished or the work performed, or as to the rate of progress of the work, and to decide all questions as to the interpretation of the approved plans.

The Public Works Department shall, in writing, suspend the work in whole or in part due to the failure of the contractor to correct conditions unsafe for the general public; for failure to carry out provisions of these STANDARDS and approved plans; for failure to carry out written or verbal orders as a result of unsatisfactory work found during inspections; for periods of time due to unsuitable weather conditions; for conditions considered unsuitable for the proper prosecution of the work; or for any other condition or reason deemed to be in the public interest or to protect the public health, safety and welfare.

8.3 Authority of the Inspector

The Public Works Department shall be represented by the Construction Inspector, or other official as designated by the Director of Public Works, who is authorized to inspect all work done and materials furnished. The inspector shall not be authorized to waive any provisions of these STANDARDS or the approved plans, nor to issue instructions contrary to these STANDARDS or the approved plans. The inspector shall not act as a foreman for the contractor nor supervise or direct the work.

8.4 The Project Engineer

The Project Engineer shall be the duly authorized agent of the developer and/or the contractor and has immediate charge of the engineering details of the work. It shall be the responsibility of the Project Engineer:

a. To provide to the Construction Inspector any engineering details, documentation, or any other information regarding the prosecution of the work.

b. To provide to the Public Works Department, for written approval, any proposed alterations to the approved plans and specifications before any such modifications are incorporated into the work.

c. To provide "as-built" plans to the Public Works Department upon completion of all work to be performed on the project as a condition of final approval of the work.

d. To furnish and set construction stakes and marks establishing all lines, grades and measurements necessary to the proper prosecution of the work in its final location as shown on the approved plans.

8.5 Inspection and Testing

To ensure compliance with these STANDARDS and the approved plans, adequate in-progress inspection and testing is required.

All materials and each part or detail of the work shall be subject to the inspection of the Construction Inspector. The Construction Inspector shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Project Engineer and Contractor as required to make a complete and detailed inspection.

When the construction specifications of other jurisdictions (such as water or sewer districts) are used to govern a portion of the work or are included within the approved plans, written approval shall be provided by the other jurisdictions and made available to the Construction Inspector prior to final acceptance of the work. Regular in-progress materials testing shall be provided to the Construction Inspector in a timely manner during the course of the work, and shall be a requirement of final acceptance. The interval of in- progress materials testing shall conform to the most current testing schedule established by the Colorado Department of Transportation, Materials Testing Section. The number of tests and their location are subject to approval of the Construction Inspector. All materials testing shall be performed by an independent laboratory under the supervision of a Colorado licensed professional engineer at the expense of the developer, Project Engineer or Contractor. Pueblo County Public Works may at its option perform such additional quality control testing as it deems appropriate and necessary or desirable at its own expense.

Any work done or materials used without inspection or testing may be ordered removed or replaced. The Construction Inspector may, at any time before acceptance of the work, direct the contractor to remove or uncover any portion of the finished work. After examination, and after approval of the work by the Construction Inspector, the Contractor shall restore the portions of the work disturbed to the standard required by the plans and specifications.

8.6 Removal of Unacceptable or Unauthorized Work

All work which does not conform to these STANDARDS and the approved plans shall be considered unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause found to exist prior to final acceptance of the work. Unacceptable work shall be removed and replaced according to these STANDARDS prior to acceptance of the work.

Work shall not be done without lines and grades per Section 8.4 of this Article. Any work done contrary to the instructions of the Project Engineer or Construction Inspector shall be considered unauthorized and may be ordered removed.

8.7 Use of Approved Plans and Specifications

Any work performed without approved (record set) plans and specifications shall be considered unauthorized and may be ordered removed and the prior existing conditions restored.

The approved plans, specifications, supplementary specifications, standards, supplementary standards and any special provision required or approved by the Public Works Department shall be considered complimentary to describe and provide for complete work.

The Contractor shall not take advantage of any error or omission in the approved plans, standards and specifications. In the event an apparent error or omission is discovered, the Project Engineer and the Construction Inspector shall be notified. The Project Engineer shall make corrections required, subject to approval by the Director of Public Works.

8.8 Final Acceptance

Upon written notice from the developer of the completion of all work, the Construction Inspector shall make a final inspection. If all construction provided for in the approved plans, performance guarantee and/or subdivision improvement agreement is found by the Director of Public Works to be satisfactory, the procedure for acceptance by the Board of County Commissioners for maintenance or release of the performance guarantee may be initiated. If, however, the inspection discloses any work in whole or in part as being unsatisfactory or incomplete, the Director of Public Works shall notify the developer in writing of the deficient items. In the event the work is not complete, the developer is responsible for maintenance of the work until such time as all such items are completed or corrected and a re-inspection has been made.

8.9 Modifications to CDOT Specifications

The following modifications or additions are made to the Colorado Department of Transportation’s Standard Specifications for Road and Bridge Construction. These modifications and additions shall apply to all work covered under these STANDARDS.

a. Class 6 aggregate base course material shall be crushed material, with at least 50 per cent of the material remaining upon the #4 sieve having at least two fractured faces. No slag based Class 6 aggregate base course material will be allowed as a final surface treatment. Slag based Class 6 aggregate base course will be acceptable for base material under a final asphalt or concrete paving course.

b. Aggregate for Hot Bituminous Paving shall conform to the following:

Grading C--50 percent of the material passing through the 3/4 inch sieve and retained upon the # 4 sieve shall have a minimum of two fractured faces.

Grading CX--50 per cent of the material passing through the 1/2 inch sieve and retained upon the # 4 sieve shall have a minimum of two fractured faces.

c. Borrow material--All borrow material used within the right-of-way shall meet the following requirements and be subject to approval of the Public Works Department:

All borrow material shall be non-organic, and contain no trash or perishables nor particles exceeding 4 inches in size, and shall have a minimum dry density of 90 lbs./cu. ft.

All borrow material shall consist of material which is essentially a granular soil with a

minimum "R" value of 40, a maximum liquid limit of 30, a maximum plasticity index of 6,

and the following grain size distribution:

Sieve Designation %Passing
4 inch 100
#200 3-20

d. Culvert pipe--All culvert pipe installed within the public right-of-way shall conform to one of the following:

Corrugated steel pipe--16 gauge or heavier, annular or spiral with annular ends, in compliance with AASHTO designation M 36.

Reinforced concrete pipe--compliance with AASHTO designation M 170.

High density polyethylene pipe--type "s" smooth interior wall, in conformance with AASHTO designation M 294.

e. Aggregate base course material for final surface of gravel roads shall have a maximum liquid limit of 25, a plasticity index of 6 or less, and shall consist of a crushed naturally occurring rock material (no slag) with at least 50 per cent of the material remaining on the number 4 sieve having at least two fractured faces. In addition the material will meet the following gradation

Sieve Designation % Passing
1" 100
1/2" 75 - 85
no. 4 30 - 65
no. 8 25 - 55
no. 200 12 - 18

All other CDOT specifications for aggregate base course not modified above shall apply.

mitchellst@pue… Tue, 01/07/2020 - 08:52 AM

Article 9 - Definitions

Article 9 - Definitions

9.1 Wherever the following words, phrases or abbreviations appear in these STANDARDS they shall have the following meanings.

AASHTO - The American Association of State Highway and Transportation Officials.

ASTM - The American Society for Testing Materials.

CDOT - The Colorado Department of Transportation.

Construction Plans - Detailed working plans including plan and profile, details, notes and any other information necessary for complete construction of the required improvements.

Contractor - Shall mean a person, partnership or corporation performing work within the public right-of-way.

County - Pueblo County, Colorado.

Design Speed - A speed determined for design and correlation of physical features of a road that influence vehicle operation; the maximum safe speed maintainable on a specified section of road when conditions permit design features to govern. Design speed is generally higher than the posted speed limit in order to provide a factor of safety and consider other conditions or uses of the road which may affect vehicle operation.

Developer - Person, partnership or corporation legally responsible for the construction of roads within a subdivision or development.

Construction Inspector - Authorized representative of the Public Works Department assigned to make inspections for assurance of compliance of construction with the approved plans and these STANDARDS.

May - A permissive condition. No requirement for design or application is intended.

New road and new road construction -- terms which may apply to any and all of the following:

a) Road created by new subdivision process where no road previously existed.

b) Road which previously existed physically on the ground but was not accepted for maintenance by Pueblo County, and where request is being made that the County accept the road for maintenance.

c) Road where a platted or deeded right-of-way has previously existed but the road was never physically constructed.

Shall - A mandatory condition. Where certain requirements in the design or application are described with the "shall" stipulation, it is mandatory that these requirements be met.

Should - An advisory condition. Where the word "should" is used, it is considered to be advisable with deviations allowed when evidence or reasons are provided that the intent of the design standards is met.

Sub-base - The layer or layers of specified or selected material of designed thickness placed on the sub-grade to support a base course.

Sub-grade - The top surface of a roadbed upon which the pavement structure and shoulders including curb and gutter are constructed.

Superelevation -- The raised portion of a roadway above the normal cross slope to prevent a vehicle from sliding outward from centrifugal force.

 

mitchellst@pue… Tue, 01/07/2020 - 09:01 AM

Chapter 12.08 - Excavations

Chapter 12.08 - Excavations

12.08.010 Applicability.

The following specifications shall apply to excavators, which term includes any person, contractor, partnership, corporation, municipality, special district, or other governmental entity, who for any reason cuts, disturbs or otherwise defaces any county property being a public right-of-way for purposes of installing or repairing or for any reason pertaining to the presence of an underground utility or structure. Once an excavator obtains an excavation permit he or she shall be considered a permittee. (Res. 86-283 § 1.1)

12.08.020 Plans to be submitted before work begins.

Plans and profiles for any work affecting grade and alignment shall be required to be submitted to the Pueblo County Road and Bridge Department for approval before starting any such work. (Res. 86-283 § 1.2)

12.08.030 Hold harmless agreement.

The excavator acquiring a permit for the purpose of performing work on any county property, being a thoroughfare or right-of-way, is assumed to be familiar with and at all times shall observe and comply with all federal and state laws, local by-laws, ordinances and regulations in any manner affecting the conduct of his or her work. He or she shall indemnify and hold harmless the county of Pueblo, Colorado, and its representatives against any claims arising from any violation of such law, by-law, ordinance or regulation; whether by the excavator himself or herself or by the excavator’s employees. The county of Pueblo reserves the right to refuse issuance of permits to any excavator not complying with the above-outlined procedures or with the following specifications. (Res. 86-283 § 1.3)

12.08.040 Bonding, insurance and warranty requirements.

A. Before the county shall issue a permit to any excavator, that excavator shall have on file with the County Road and Bridge Department a valid license and permit bond in the amount of two thousand five hundred dollars ($2,500.00). Such bond shall be for the benefit of the County Road and Bridge Department, and shall assure recovery by the Department of any expense incurred by the Department in completing work begun, but not finished, by the excavator in accordance with these regulations and specifications. Such bond shall be in force for at least sixty (60) days beyond the anticipated completion date of any work for which a permit is being applied for.

B. Before the county shall issue a permit to any excavator, that excavator shall show evidence of a valid and in-force bodily injury and property damage liability insurance policy, with minimum limits of five hundred thousand dollars ($500,000.00) combined single limit coverage. Such policy shall be for the protection of the county from all suits, actions or claims of any type for injuries or damages allegedly sustained by any person or property on the premises or as a result of the operations or completed operations of the work. Such policy shall specifically cover the acts and operations of any subcontractors or independent contractors of the excavator, in addition to the excavator’s employees or agents.

C. In addition to the bonding and insurance requirements of subsections A and B of this section, the permittee personally, by applying for and obtaining a permit, agrees to be liable to the county for any expenses incurred by the county because of the permittee’s acts or omissions relating to the work, and the permittee shall hold the county harmless from any claims of anyone else arising from or relating to the work. This shall include, but not be limited to, a warranty by the permittee of the work and all materials and labor used in the work, and such warranty shall run for two years from the completion of the work and shall guarantee that no further repairs or maintenance will be required at the work site due to any defect or omission in the work or that the permittee will adequately and properly provide and complete any such repairs or maintenance. For any work on a job with roadway repair costs in excess of two thousand five hundred dollars ($2,500.00) as estimated by the county engineer, the warranty requirement shall be satisfied by the posting of a surety bond in the estimated amount at the discretion of the county engineer.

D. The Pueblo County Road and Bridge Department may, at its discretion, exempt an excavator from the bonding requirements of subsection A of this section and from the insurance requirements set out in subsection B of this section. Such exemption may be granted upon a showing by the excavator of alternative arrangements satisfactory to the Pueblo County Road and Bridge Department. In determining whether to so exempt a particular excavator, the Pueblo County Road and Bridge Department shall consider the reliability of any alternative bonding or insurance devices proposed by the excavator, the financial condition and solvency of the excavator, the presence in Pueblo County of fixed assets sufficient in value to cover any expenses or problems caused by the excavation, the length of time the excavator has done business in Pueblo County, the previous track record of the excavator in regard to expenses or problems of prior excavations, the existence of a long-term or comprehensive policy of self-insurance by the excavator, and any other factors tending to increase or decrease the likelihood of expense and harm to Pueblo County from the excavation. (Res. 86-283 § 2)

12.08.050 Permits.

A. Prior to commencing any work on any county right-of-way, the excavator who will actually perform the work or his duly authorized representative shall obtain written permission to undertake such work in accordance with the following provisions.

B. Permits issued by the County Road and Bridge Department shall pertain only to allowing work within the county-owned rights-of-way and is in no way a permit to enter onto private property adjacent to such rights-of-way nor to alter or disturb any facilities or installations existing within the right-of-way which may have been installed and are owned by others.

C. Minimum fees shall be assessed for permits at the time of issuance of the permit. Inspection fees will be assessed to the permittee on the basis of actual inspection time required on a job site, at the current hourly rate for inspection time. The amount of the fees shall be established to cover the actual cost to Pueblo County incurred in the administration and enforcement of these regulations as approved by the Pueblo County Board of County Commissioners. The fees shall in no way be construed to constitute the prior assessment of damages by the Pueblo County Road and Bridge Department. Pursuant to Sections 32-1-1004 and 32-1-1006, C.R.S., the foregoing fees shall not be required of any sanitation, water and sanitation, water or metropolitan district.

D. Permits issued shall be available or inspection at the project site at all times. The permit shall be shown to any representative of the Pueblo County Road and Bridge Department upon request.

E. Permits shall be required for emergency repairs; however, a delay of seventy-two (72) hours is granted in securing the permit. Failure to acquire a permit within this specified time shall result in a penalty permit being issued.

F. The work of adjusting manhole rings and service boxes at the request of Pueblo County shall be exempt from requiring a permit.

G. Any excavator commencing work prior to obtaining a right-of-way cutting permit, except as provided herein, shall be required to obtain a penalty permit in lieu of the normal permit; and shall pay the additional fee pertaining thereto.

H. A traffic control plan must be submitted to the Pueblo County Inspector prior to the issuance of an excavation permit. The traffic control plan must comply with the standards set forth in the Manual of Uniform Traffic Control Devices (MUTCD). The traffic control plan must be signed by an individual certified by the Colorado Department of Highways (CDOH) or the American Traffic Safety Services Association (ATSSA), as a Worksite Traffic Control Supervisor, whose signature shall constitute certification that the plan meets or exceeds MUTCD standards. Included with this plan shall be a detailed drawing of the project location showing all phases of the project, a list of the posted speed limits throughout the project, and a detailed drawing of the traffic control measures to be employed on the project site.

In an emergency situation, signing according to the MUTCD shall be required on the project site even though a permit will not be issued until after the excavation has taken place. (Res. 86-283 § 3)

12.08.060 Public convenience and safety.

A. If an opening shall cross a roadway, only one-half of the roadway shall be closed at one time. However, should the work being done necessitate closing the entire roadway a written request must be submitted to the Pueblo County Road and Bridge Department at the time of obtaining the permit. The request may be granted at the discretion of the Pueblo County Road and Bridge Department, in writing, after the applicant has provided the county with the written request. The county will notify the Pueblo County Sheriff’s Department, the Colorado State Highway Patrol Division, the ambulance services and the fire protection districts of the closing specifying the exact location, date and time the roadway will be closed.

B. Should an emergency arise which will necessitate closing a roadway, written permission shall be waived. However, the permittee must notify all of the agencies listed in subsection A of this section and the Pueblo County Road and Bridge Department immediately.

C. The permittee shall, at his or her expense, take all necessary precautions for the protection of his or her work and the safety of the public. Where normal traffic flow is to be interrupted, the excavator shall provide, erect and maintain all necessary barricades, standard caution signs, warning signs, directional signs, flares and lights. The signs and their placement shall comply with the current edition of the Manual on Uniform Traffic Control Devices, (MUTCD), and any supplements thereto, including but not limited to the Colorado Supplement. (Res. 86-283 § 4)

12.08.070 Right-of-way openings.

A. Any work done under this permit shall result in repairs being made to the street or other county property involved, such repairs causing the street or property to be returned to a condition equal to the original, within the limits of careful, diligent workmanship, good planning and quality materials. These repairs must be accomplished in the least possible time and with the least disturbance to the normal function of the street or other property. All shallow cuts shall be made with straight boundaries and all cuts shall be within five degrees of vertical. In cases where caving or slump of a cut face occurs from under any roadway surfacing, slab or bound type base, the dimensions of the cut shall be extended to the point of occurrence of caving or slump.

B. All work in connection with blasting operations, including necessary and proper safety precautions, shall be performed under the inspection of the Pueblo County Road and Bridge Department. The excavator shall comply with all laws, ordinances, regulations and requirements of applicable safety codes relative to the handling, storage and use of explosives and the protection of life and property, and he or she shall be responsible for all damages thereto caused by his or her blasting operations. Suitable weighted plank coverings or mattresses shall be provided to confine all materials lifted by blasting within the limits of the excavation or trench.

C. Except where trench banks are cut back on a stable slope to prevent caving or sliding, trenches shall be properly and substantially braced, and sheeted where necessary, to prevent caving or sliding. Sheeting shall be supported by means approved by the Occupational Safety and Health Administration (OSHA). Cross braces installed for the purpose of supporting sheeting in the bottom of the trench shall be removed after the specified tamped embedment has been completed beyond the point of cross brace removal.

D. No openings shall be permitted on any asphalt streets in Pueblo County rights-of-way that are under three years old. This shall also include streets which have been resurfaced or plant mixed sealed which are under three years old. This provision may be waived at the discretion of the Pueblo County Road and Bridge Department if the contractor shall meet with representatives of the Pueblo County Road and Bridge Department and thoroughly review his or her plans for the proposed job. A list of streets to which this provision applies is available at the Pueblo County Road and Bridge Department. This provision, however, shall not prohibit any emergency utility work which must be performed. Pueblo County will make every effort to inform utility companies of scheduled construction or overlays at least six months in advance or such work. (Res. 86-283 § 5)

12.08.080 Backfill.

A. All backfill materials, compaction and resurfacing of any excavation made in the county property will be done in accordance with the provisions as follows: backfilling and compacting shall begin after first having properly bedded and compacted to a depth of not more than one foot over the top of the structure or utility line being installed or repaired in accordance with the specifications of the person or corporation responsible for the maintenance of the structure or utility line.

B. Materials acceptable for backfill purposes are divided into two categories as follows:

1. Native backfill: that material which was originally removed from excavation, after having had all organic material, frozen material, material larger than that which will pass over a three-inch square opening, or other elements other than natural soils removed and discarded. This type will be acceptable to the Pueblo County Road and Bridge Department.

2. Select backfill: that granular material meeting the requirements as stated under the Bed Course Material Item Class 1 backfill or Class 2 backfill, of the Standard Specifications for Road and Bridge Construction, Department of Highways, State of Colorado (Current Issue) or materials falling within the AASHTO Classifications A-1-a or A-1-b under Specification M-145 except that materials of predominately one grain size, such as chips, pea gravel or single-sized waste from screening plants that are within these classifications may not be used, and materials in these classifications which do not pass a three-inch square opening shall be omitted. The excavator may, at his or her option, remove any native backfill and substitute therefore select backfill materials. (Res. 86-283 § 6)

12.08.090 Compaction.

Compacting of backfill must progress by placing of backfill in eight-inch lifts thoroughly compacted and wetted if necessary to achieve densities according to the following:

A. Materials of AASHTO Classifications A-1-a or A-1-3 shall be consolidated by jetting, puddling, rolling or vibrating at the discretion of Pueblo County.

B. Materials of AASHTO Classification A-1-b shall be compacted to ninety-five (95) percent of modified Proctor Density.

C. Materials of AASHTO Classification A-2 and A-4 through A-4 shall be compacted to ninety-five (95) percent of Standard Proctor Density. (Res. 86-283 § 7)

12.08.100 Compaction tests.

Compaction tests shall be taken on longitudinal or crosscuts at the request of the Pueblo County Road and Bridge Department. These tests shall be taken at the depth and location specified by the county and shall meet the requirements specified in Section 12.08.090.

The excavator shall have the compaction tests conducted by an approved testing laboratory. A copy of the results shall be furnished to the Pueblo County Road and Bridge Department no later than five days after the test is conducted. (Res. 86-283 § 8)

12.08.110 Resurfacing.

A. After proper backfill procedures are completed in accordance with the preceding requirements, the vacant depth shall be surfaced to a condition equal to or better than the existing surface. Temporary and/or permanent repairs shall begin within twenty-four (24) hours after backfilling is completed on streets or highways designated by the Road and Bridge Department and continue until all repairs are made. (See subsection F of this section.) On all other streets or highways permanent repairs shall be completed within a period of fifteen (15) calendar days. At the discretion of the Pueblo County Road and Bridge Department, a delay of up to seven days in the time designated for initiation or completion of repairs may be granted. The twenty-four (24) hour designation will be noted on the permit at the time of issuance. The following minimum standards shall apply to all resurfacing done in the county.

B. Gravel Surfaced Roads. Backfill shall be placed to within twelve (12) inches of the surface, and the twelve (12) inch vacant depth shall be filled with thoroughly tamped granular material meeting the requirements specified under the aggregate for Bases Item, Class 5 of the Standard Specifications for Road and Bridge Construction, Department of Highways, State of Colorado (current issue), or materials extracted at the same precise location, or other suitable granular materials approved by the county engineer with the approval of the county engineer.

C. Soil Cement Surfaced Roads. Backfill shall be placed within eighteen (18) inches of the surface, and granular material meeting the requirements specified under the Aggregate for Bases Item, Class 6 of the Standard Specifications for Road and Bridge Construction, Department of Highways, State of Colorado (current issue) shall be placed and thoroughly compacted to within eight inches of the surface. The eight-inch vacant depth shall be filled with five and one-half sacks per cubic yard portland cement concrete, which shall be struck and floated to match adjacent undisturbed surface. Ninety-five (95) percent of patched surface shall match the plane of the adjacent surface, when measured by means of a six-foot straight edge or beam, within one-eighth inch.

D. Portland Cement Surfaced Roads. Backfill shall be placed within eighteen (18) inches of the surface or ten (10) inches below the bottom of the existing slab, whichever is the deepest, and the next ten (10) inches shall be filled with thoroughly compacted granular material as described in subsection C of this section. The eight-inch minimum vacant depth shall be filled with six and one-half sacks per cubic yard portland cement concrete which shall be struck and floated to match the adjacent undisturbed surface. Ninety-five (95) percent of this patched surface shall match the plane of the adjacent undisturbed surface, when measured by means of a six-foot straight edge or beam, within one-eighth inch.

E. Asphaltic Concrete Surfaced Roads. Backfill material shall be placed within twelve (12) inches of the surface. Granular material described in subsection C of this section shall be placed and thoroughly wetted and compacted to within four inches of the surface. Prior to placing of Asphaltic concrete, the edges of the cut shall be coated with a tack oil of CSS-1 at not less than 0.10 gallon per square yard. The four-inch vacant depth shall be filled with asphaltic concrete in two-inch lifts and thoroughly compacted. Asphaltic Concrete for this purpose shall be mixed with asphaltic cement of the AC-10 type or equal. Ninety-five (95) percent of this patched surface shall match the plane of the adjacent undisturbed surface, when measured by means of a six-foot straight edge or beam, within one-eighth inch.

A prime coat of MC-70 oil applied at a rate of 0.30 gallon per square yard may be required on the surface area of granular material at the time of the issuance of a permit or as directed by the County Engineer.

1. Required Overlay. Overlay of the entire street width and ten (10) feet beyond each end of damaged area may be required, at the discretion of the Road and Bridge Department, when utility installation is made longitudinally within five feet of, or on the centerline of the paved street for a length of seventy-five (75) linear feet or more. For lengths less than the above-stated, the repairs and/or overlays must be made as shall be agreed to by the excavator and the County Inspector, prior to obtaining a permit. If the excavation within five feet of the centerline does not extend into the adjacent traffic lane, overlay of only one-half of the entire street width may be required.

Overlay of one-half of the entire street width and ten (10) feet beyond each end of damaged area shall be required when utility installation is made longitudinally within the area five feet from centerline and edge of paved street for a length of seventy-five (75) linear feet or more. Again for lengths less than the above-stated, the repairs and/or overlays must be made as shall be agreed to by the excavator and the County Inspector, prior to obtaining a permit.

Overlay of the entire street width and ten (10) feet beyond each end of incorporated damaged area shall be required when two or more lateral utility installations are made by the same utility excavator within seventy-five (75) linear feet of street length. Three or more lateral utility installations within one hundred fifty (150) linear feet of street length and or more lateral utility installations within three hundred (300) linear feet of street length will also require full street width of overlay.

The minimum compacted depth of the Asphaltic Concrete overlay shall be five-eighths inch with edges feathered as much as possible eliminating the fracturing of the mix aggregate. The areas of overlay shall require a tack coat of CSS-l at the rate of 0.10 gallon per square yard.

2. The overlay described in subsection (E)(1) of this section must be placed by a mechanized self-propelled paver and finished in a good workmanlike manner and using good commercial practices.

F. During certain times of the year when hot plant-mixed asphalt is unavailable, cold plant-mixed asphaltic concrete may be placed using above-stated procedures, however, this shall not be considered a permanent patch, and the excavator shall maintain this temporary patch as required to insure proper and safe movement of traffic until such time as a permanent patch is installed. The responsible excavator shall install a permanent patch with hot Asphaltic Concrete within fifteen (15) days following the availability of the proper material.

G. At the conclusion of work on any street, cut or opening within the Pueblo County-owned right-of-way, the entire area shall be left in its original condition. All waste construction or excavated materials shall be removed from the site and disposed of within seventy-two (72) hours. Any ditches, gutters, culverts or drain pipes shall be left unblocked and in a condition as good as or better than the original condition. (Res. 86-283 § 9)

12.08.120 Inspections.

A. The Pueblo County Road and Bridge Department Inspector shall be notified twenty-four (24) hours in advance of making any type of cut or doing any excavation in county-owned right-of-way except as stated in Section 12.08.130(B). Failure by the excavator to notify the Inspector as stated above may result in revocation of the original permit and issuance of a penalty permit as per Section 12.08.150(G).

B. Inspections will be made as deemed necessary during the construction period by the county to insure that work is processing in compliance with the regulations stated herein. Deviation from these regulations and requirements will be sufficient reason for shut down orders to be issued by the county until proper corrections or adjustments have been made by the excavator.

C. Before a pavement section is replaced (patched), the excavator shall notify the County Inspector as to the date such work is proposed. Failure of notification may result in a demand to have such work redone in order to pass a final inspection.

D. Upon satisfactory completion of work, including the replacement of paved sections and gravel road repairs, a final inspection shall be made. Upon the county’s final inspection, the permit of the work is then retained by the county, and the permittee is held liable for his or her work as stated in Section 12.08.040(C). (Res. 86-283 § 10)

12.08.130 Emergency work.

A. Nothing in this chapter shall be interpreted to prevent the excavator from performing emergency work prior to obtaining a permit.

B. Pueblo County Road and Bridge Department shall be notified immediately after an emergency utility cut is made. In all other cases, a twenty-four (24) hour advance notification shall be required. (Res. 86-283 § 11)

12.08.140 Notice to excavators.

A. Failure on the part of the permittee to properly prosecute the work of resurfacing, which will necessitate the performance of work by the Pueblo County Road and Bridge Department forces, shall be charged to the permittee as follows:

First square yard, one hundred forty dollar ($140.00) minimum charge.

All additional square yards at forty-six dollars ($46.00) per square yard.

B. Costs of placing barricades, providing signing according to MUTCD standards pursuant to Section 12.08.050(H), and/or interim repairs required due to the failure of the excavator to maintain safe conditions will be billed to the permittee. (Res. 86-283 § 12)

12.08.150 Permit fee schedule.

A. The minimum permit fee for any roadway opening will be twenty-five dollars ($25.00). This fee will cover all administrative costs associated with the issuance of the permit, the initial inspection of the site including traffic control inspection, and the warranty inspection. In addition to this minimum permit fee, the permittee will be billed for costs incurred by Pueblo County for additional inspection time involving the Pueblo County Inspector. The charge for additional inspection time will be twenty-two dollars and twenty-six cents ($22.26) per hour, based upon actual costs incurred by Pueblo County for labor, fringe benefits, and vehicle use involved in the performance of inspections. Because this rate is based on actual costs to the county, it will be adjusted by resolution as necessary by the Board of Pueblo County Commissioners. The County Engineer’s office will notify all utilities and contractors actively on file of any increases or decreases in the rate schedule.

B. The following is a schedule of estimated inspection time and cost which a permittee may expect to be assessed in reference to the type of work being permitted. This cost is in addition to the minimum fee discussed in subsection A of this section.

C. Pavement Cuts.

1. Cross street cuts, bell-holes, general road opening, based upon one inspection:

Travel time (one way) 20 minutes
Backfilling inspection 45 minutes
Patching inspection 30 minutes
95 minutes
$35.15
2. Longitudinal cut, one thousand (1,000) feet in length, based upon one inspection:

Travel time (one way) 20 minutes
Backfilling inspection 90 minutes
Patching inspection 90 minutes
Overlay inspection 60 minutes
On-going traffic control inspection 10 minutes
240 minutes
$88.80
3. Longitudinal cut, two thousand five hundred (2,500) feet in length, based upon two inspections:

Travel time (one way) 40 minutes
Backfilling inspection 180 minutes
Patching inspection 120 minutes
Overlay inspection 120 minutes
On-going traffic control inspection 20 minutes
480 minutes
$177.60
4. Longitudinal cut, five thousand (5,000) feet in length, based upon three inspections:

Travel time (one way) 60 minutes
Backfilling inspection 270 minutes
Patching inspection 180 minutes
Overlay inspection 180 minutes
On-going traffic control inspection 30 minutes
720 minutes
$266.40

D. Unpaved Road Cuts.

1. Cross street cuts, bell-holes, general road opening, based upon one inspection:

Travel time (one way) 20 minutes
Backfilling/surfacing inspection 45 minutes
65 minutes
$24.05
2. Longitudinal cut, one thousand (1,000) feet in length, based upon one inspection:

Travel time (one way) 20 minutes
Backfilling inspection 45 minutes
Surfacing inspection 30 minutes
On-going traffic
control inspection 30 minutes
105 minutes
$38.85
3. Longitudinal cut, two thousand five hundred (2,500) feet in length, based upon two inspections:

Travel time (one way) 40 minutes
Backfilling inspection 90 minutes
Surfacing inspection 60 minutes
On-going traffic control inspection
20 minutes
210 minutes
$77.70
4. Longitudinal cut, five thousand (5,000) feet in length, based upon three inspections:

Travel time (one way) 60 minutes
Backfilling inspection 135 minutes
Surfacing inspection 90 minutes
On-going traffic control inspection
30 minutes
315 minutes
$116.55

E. Right-of-Way Excavation. An excavation which in no way interferes with traffic and is not made in any portion of the road including the shoulder.

1. The total fee for an excavation made in the county right-of-way in conjunction with a meter set, bore or push will be twenty-five dollars ($25.00), providing that the cut does not interfere with drainage improvements. Inspections which must be performed due to noncompliance with permit regulations will be charged to the permittee.

2. There will be no minimum fee required for a permit obtained for the purpose of setting a utility pole or repairing a meter, provided that the work will not interfere with any drainage improvements. The permittee will however, be charged for inspections made due to noncompliance with permit regulations. A permit and traffic control plan will be required to keep Pueblo County informed of work planned in its jurisdiction and to insure the protection and safety of the motoring public.

3. Longitudinal cut which has the potential interfering with drainage improvements:

a. One thousand (1,000) feet in length, based upon one inspection:

Travel time (one way) 20 minutes
Backfilling inspection 30 minutes
On-going traffic control inspection 10 minutes
60 minutes
$22.26
b. Two thousand five hundred (2,500) feet in length, based upon two inspections:

Travel time (one way) 40 minutes
Backfilling inspection 60 minutes
On-going traffic control inspection 20 minutes
120 minutes
$44.40
c. Five thousand feet in length, based upon three inspections:

Travel time (one way) 60 minutes
Backfilling inspection 90 minutes
On-going traffic control inspection 30 minutes
180 minutes
$66.60

4. Longitudinal cut which has no potential of interfering with drainage improvements:

a. One thousand (1,000) feet in length, based upon one inspection:

Travel time (one way) 20 minutes
Backfilling inspection 15 minutes
On-going traffic control inspection 10 minutes
45 minutes
$16.65
b. Two thousand five hundred (2,500) feet in length, based upon two inspections:

Travel time (one way) 40 minutes
Backfilling inspection 30 minutes
On-going traffic control inspection 20 minutes
90 minutes
$33.30
c. Five thousand (5,000) feet in length, based upon three inspections:

Travel time (one way) 60 minutes
Backfilling inspection 45 minutes
On-going traffic control inspection 30 minutes
135 minutes
$49.95

F. In addition to fees listed in the fee schedule, the permittee will be charged for any inspections made necessary due to noncompliance with regulations or the failure of any work.

G. Penalty Permit. This permit shall be issued to any excavator commencing work prior to obtaining a basic right-of-way cutting permit. The fee for this permit shall cover the foregoing plus a penalty of one hundred dollars ($100.00). (Res. 86-283 § 13)

 

 

mitchellst@pue… Tue, 01/07/2020 - 11:24 AM

Chapter 12.12 - Right-Of-Way Openings for Subsurface Utilities

Chapter 12.12 - Right-Of-Way Openings for Subsurface Utilities

12.12.010 Applicability.

The following specifications shall apply to excavators, which term includes any person, contractor, partnership, corporation, municipality, special district, or other governmental entity, who for any reason cuts, disturbs, or otherwise defaces any county property being a public right-of-way for purposes of installing or repairing or for any reason pertaining to the presence of an underground utility or structure. (Res. 79-120 § 1.1)

12.12.020 Plans to be submitted before work begins.

Plans and profiles for any work affecting grade and alignment shall be required to be submitted to the Pueblo County Road and Bridge Department for approval before starting any such work. (Res. 79-120 § 1.2)

12.12.030 Hold harmless agreement.

The excavator acquiring a permit for the purpose of performing work on any county property, being a thoroughfare or right-of- way, is assumed to be familiar with and at all times shall observe and comply with all federal and state laws, local by-laws, ordinances and regulations in any manner affecting the conduct of his or her work. He or she shall indemnify and save harmless the county of Pueblo, in the state of Colorado, and its representatives against any claims arising from any violation of such law, by-law, ordinance or regulation; whether by the excavator himself or by the excavator’s employees. The county of Pueblo reserves the right to refuse issuance of permits to any excavator not complying with the above-outlined procedures or with the following specifications. (Res. 79-120 § 1.3)

12.12.040 Bonding, insurance and warranty requirements.

A. Before the county shall issue a permit to any excavator, that excavator shall have on file with the County Road and Bridge Department a valid license and permit bond in the amount of two thousand five hundred dollars ($2,500.00). Such bond shall be for the benefit of the County Road and Bridge Department, and shall assure recovery by the Department of any expense incurred by the Department in completing work begun, but not finished, by the excavator in accordance with these regulations and specifications. Such bond shall be in force for at least sixty (60) days beyond the anticipated completion date of any work for which a permit is being applied for.

B. Before the county shall issue a permit to any excavator, that excavator shall show evidence of a valid and in-force bodily injury and property damage liability insurance policy, with minimum limits of three hundred thousand dollar ($300,000.00) combined single limit coverage. Such policy shall be for the protection of the county from all suits, actions or claims of any type for injuries or damages allegedly sustained by any person or property on the premises or as a result of the operations or completed operations of the work. Such policy shall specifically cover the acts and operations of any subcontractors or independent contractors of the excavator, in addition to the excavator’s employees or agents.

C. In addition to the bonding and insurance requirements of subsections A and B of this section, the excavator personally, by applying for and obtaining a permit, agrees to be liable to the county for any expenses incurred by the county because of the excavator’s acts or omissions relating to the work, and the excavator shall hold the county harmless from any claims of anyone else arising from or relating to the work. This shall include, but not be limited to, a warranty by the excavator of the work and all materials and labor used in the work, and such warranty shall run for one year from the completion of the work and shall guarantee that no further repairs or maintenance shall be required at the work site due to any defect or omission in the work or that the excavator will adequately and properly provide and complete any such repairs or maintenance. For any work on a job with a construction price of twenty-five thousand dollars ($25,000.00) or more, this requirement shall be satisfied by the posting of a surety performance bond providing such a one-year warranty.

D. The Pueblo County Road and Bridge Department may, at its discretion, exempt an excavator from the bonding requirements of subsection A of this section and from the insurance requirements of subsection B of this section. Such exemption may be granted upon a showing by the excavator of alternative arrangements satisfactory to the Pueblo County Road and Bridge Department. In determining whether to so exempt a particular excavator, the Pueblo County Road and Bridge Department shall consider the reliability of any alternative bonding or insurance devices proposed by the excavator, the financial condition and solvency of the excavator, the presence in Pueblo County of fixed assets sufficient in value to cover any expenses or problems caused by the excavation, the length of time the excavator has done business in Pueblo County, the previous track record of the excavator in regard to expenses or problems of prior excavations, the existence of a long-term or comprehensive policy of self-insurance by the excavator, and other factors increasing or decreasing the likelihood of expense and harm to Pueblo County from the excavation. (Res. 79-120 § 2)

12.12.050 Permits.

A. Prior to commencing any work on any county right-of-way, the excavator who will actually perform the work or his or her duly authorized representative shall obtain written permission to undertake such work in accordance with the following provisions.

B. Permits issued by the County Road and Bridge Department shall pertain only to allowing work within the county-owned rights-of-way and is in no way a permit to enter onto private property adjacent to such rights-of-way nor to alter or disturb any facilities or installations existing within the right-of-way which may have been installed and are owned by others.

C. Fees shall be assessed for permits and inspections at the time of issuance of the permit. The amount of these fees shall be established to cover the actual cost to the county of Pueblo incurred in the enforcement of these regulations and as approved by the Pueblo County Board of County Commissioners.

D. Permits issued shall be available for inspection at the project site at all times. The permit shall be shown to any representative of the Pueblo County Road and Bridge Department upon request.

E. Permits shall be required for emergency repairs; however, a delay of seventy-two (72) hours is granted in securing the permit. Failure to acquire a permit within this specified time shall result in a penalty permit being issued.

F. The work of adjusting manhole rings and service boxes at the request of Pueblo County shall be exempt from requiring a permit.

G. Any excavator commencing work prior to obtaining a right-of-way cutting permit, except as provided herein, shall be required to obtain a penalty permit in lieu of the normal permit; and shall pay the additional fee pertaining thereto. (Res. 79-120 § 3)

12.12.060 Public convenience and safety.

A. If an opening shall cross a roadway, only one-half of the roadway shall be closed at one time. However, should the work being done necessitate closing the roadway a written request must be submitted to the Pueblo County Road and Bridge Department at the time of obtaining the permit. The request may be granted at the discretion of the Pueblo County Road and Bridge Department, in writing, after the applicant has provided the county with the written request. The county will notify the Pueblo County Sheriff’s Department, the Colorado State Highway Patrol Division, the ambulance services and the fire protection districts of said closing specifying the exact location, date and time the roadway will be closed.

B. Should an emergency arise which will necessitate closing a roadway, written permission shall be waived. However, the excavator must notify all of the agencies listed in subsection A of this section and the Pueblo County Road and Bridge Department immediately.

C. The excavator shall, at his or her expense, take all necessary precautions for the protection of his or her work and the safety of the public. Where normal traffic flow is to be interrupted, the excavator shall provide, erect and maintain all necessary barricades, standard caution signs, warning signs, directional signs, flares and lights. These signs and their placement shall comply to the Colorado State regulations which pertain.

D. All barricades and signs shall be illuminated at night and during adverse weather conditions. All illumination devices shall be kept burning from sunset until sunrise or until the visibility is safe enough to warrant such devices to be extinguished. (Res. 79-120 § 4)

12.12.070 Right-of-way openings.

A. Any work done under this permit shall result in repairs being made to the street or other county property involved, such repairs causing the street or property to be returned to a condition equal to the original, within the limits of careful, diligent workmanship, good planning and quality materials. These repairs must be accomplished in the least possible time and with the least disturbance to the normal function of the street or other property. All shallow cuts shall be made with straight boundaries and all cuts shall be within five degrees of vertical. In cases where caving or slump of a cut face occurs from under any roadway surfacing, slab or bound type base the dimensions of the cut shall be extended to the point of occurrence of caving or slump.

B. All work in connection with blasting operations, including necessary and proper safety precautions, shall be performed under the supervision of the Pueblo County Road and Bridge Department. The excavator shall comply with all laws, ordinances and regulations and requirements of applicable safety codes relative to the handling, storage and use of explosives and the protection of life and property, and he or she shall be responsible for all damages thereto caused by his or her blasting operations. Suitable weighted plank coverings or mattresses shall be provided to confine all materials lifted by blasting within the limits of the excavation or trench.

C. Except where trench banks are cut back on a stable slope to prevent caving or sliding, trenches shall be properly and substantially braced, and sheeted where necessary, to prevent caving or sliding. Sheeting shall be supported by means approved by the Pueblo County Road and Bridge Department. Cross braces installed for the purpose of supporting sheeting in the bottom of the trench shall be removed after the specified tamper embedment has been completed beyond the point of cross brace removal.

D. No openings shall be permitted on any asphalt streets in Pueblo County right-of-way that are under three years old. This shall also include streets which have been resurfaced or plant mixed sealed which are under three years old. This provision may be waived at the discretion of the Pueblo County Road and Bridge Department if the contractor shall meet with representatives of Pueblo County Road and Bridge Department and thoroughly review his or her plans for the proposed job. A list of streets to which this provision applies is available at the Pueblo County Road and Bridge Department. This provision, however, shall not prohibit any emergency utility work which must be performed. (Res. 79-120 § 5)

12.12.080 Backfill.

A. All backfill materials, compaction and resurfacing of any excavation made in the county property will be done in accordance with the provisions as follows: backfilling and compacting shall begin after first having properly bedded and compacted to a depth of not more than one foot over the top of the structure or utility line being installed or repaired in accordance with the specifications of the person or corporation responsible for the maintenance of the structure or utility line.

B. Materials acceptable for backfill purposes are divided into two categories as follows:

1. Native Backfill: that material which was originally removed from excavation, after having had all organic material, frozen material, material larger than that which will pass a three-inch square opening, or other elements other than natural soils removed and discarded. This type will be acceptable to the Pueblo County Road and Bridge Department.

2. Select backfill: that granular material meeting the requirements as stated under the Bed Course Material Item Class 1 backfill or Class 2 backfill, of the Standard Specifications for Road and Bridge Construction, Department of Highways, State of Colorado (current issue), or materials falling within AASHO Classifications A-1-a or A-1-b under Specification M-145 except that materials of predominately one grain size, such as chips, pea gravel or single sized waste from screening plants that are within these classifications may not be used, and materials in these classifications which do not pass a three-inch square opening shall be omitted. The excavator may, at his or her option, remove any native backfill and substitute therefore select backfill materials. (Res. 79-120 § 6)

12.12.090 Compaction.

Compacting of backfill must progress by placing of backfill in eight-inch lifts thoroughly compacted and wetted if necessary to achieve densities according to the following:

A. Materials of AASHO Classifications A-1-a or A-3 shall be consolidated by jetting, puddling, rolling or vibrating.

B. Materials of AASHO Classification A-1-b shall be compacted to ninety-five (95) percent of modified Proctor Density.

C. Materials of AASHO Classification A-2 and A-4 through A-7 shall be compacted to ninety-five (95) percent of Standard Proctor Density. (Res. 79-120 § 7)

12.12.100 Compaction tests.

A. Compaction tests shall be taken on longitudinal or crosscuts at the request of the Pueblo County Road and Bridge Department. The tests shall be taken at the depth and location specified by the county and shall meet the requirements specified in Section 12.12.090.

B. The excavator shall have the compaction tests conducted by an approved testing laboratory. A copy of the results shall be furnished to the Pueblo County Road and Bridge Department no later than five days after the test is conducted.

C. Compaction tests do not relieve the contractor of his or her obligation to maintain said repairs as guaranteed under Section 12.12.040(C). (Res. 79-120 § 8)

12.12.110 Resurfacing.

A. After proper backfill procedures are completed in accordance with the preceding requirements the vacant depth shall be surfaced to a condition equal to or better than the existing surface. Permanent repairs shall begin within twenty-four (24) hours after backfilling is completed on streets or highways designated by the Road and Bridge Department and continue until all repairs are made. On all other streets or highways permanent repairs shall be completed within a period of fifteen (15) calendar days. At the discretion of the Pueblo County Road and Bridge Department, a delay of up to seven days in the time designated for initiation or completion of repairs may be granted. The twenty-four (24) hour designation will be noted on the permit at the time of issue. The following minimum standards shall apply to all resurfacing done in the county.

B. Gravel Surfaced Roads. Backfill shall be placed to within twelve (12) inches of the surface, and the twelve (12) inch vacant depth shall be filled with thoroughly tamped granular material meeting the requirements specified under the aggregate for Bases Item, Class 6 of the Standard Specifications for Road and Bridge Construction, Department of Highways, State of Colorado (current issue), or materials extracted at the same precise location with the approval of the County Engineer.

C. Soil Cement Surfaced Roads. Backfill shall be placed within eighteen (18) inches of the surface, and granular material described in subsection B of this section shall be placed and thoroughly compacted to within eight inches of the surface. The eight-inch vacant depth shall be filled with five and one-half sacks per cubic yard portland cement concrete, which shall be struck and floated to match adjacent undisturbed surface. Ninety-five (95) percent of patched surface shall match the plane of the adjacent surface, when measured by means of a six-foot straight edge or beam, within one-eighth inch.

D. Portland Cement Surfaced Roads. Backfill shall be placed within eighteen (18) inches of the surface or ten (10) inches below the bottom of the existing slab, whichever is the deepest, and the next ten (10) inches shall be filled with thoroughly compacted granular material as described in subsection B of this section. The eight-inch minimum vacant depth shall be filled with six and one-half sacks per cubic yard portland cement concrete which shall be struck and floated to match adjacent undisturbed surface. Ninety-five (95) percent of this patched surface shall match the plane of the adjacent undisturbed surface, when measured by means of a six-foot straight edge or beam, within one-eighth inch.

E. Asphaltic Concrete Surfaced Roads. Backfill material shall be placed within twelve (12) inches of the surface. Granular material described in subsection B of this section shall be placed and thoroughly wetted and compacted to within four inches of the surface. Prior to placing of asphaltic concrete, the edges of the cut and the top of the granular material shall be coated with a prime oil of MC-70 at not less than 0.30 gallons per square yard. The four-inch vacant depth shall be filled with asphaltic concrete in two-inch lifts and thoroughly compacted. Asphaltic concrete for this purpose shall be mixed with asphaltic cement of the AC-10 type or equal. Ninety-five (95) percent of this patched surface shall match the plane of the adjacent undisturbed surface, when measured by means of a six-foot straight edge or beam, within one-eighth inch.

1. Required Overlay. Overlay of the entire street width and ten (10) feet beyond each end of damaged area may be required, at the discretion of the Road and Bridge Department, when utility installation is made longitudinally within five feet of, or on the centerline of the paved street for a length of seventy-five (75) linear feet or more. For lengths less than the above-stated, the repairs and/or overlays must be made as shall be agreed to by the excavator and the County Inspector, prior to obtaining a permit.

Overlay of one-half of the entire street width and ten (10) feet beyond each end of damaged area shall be required when utility installation is made longitudinally within the area five (5) feet from centerline and edge of paved street for a length of seventy-five (75) linear feet or more. Again for lengths less than the above-stated, the repairs and/or overlays must be made as shall be agreed to by the excavator and the County Inspector, prior to obtaining a permit.

Overlay of the entire street width and ten (10) feet beyond each end of incorporated damaged area shall be required when two or more lateral utility installations are made within seventy-five (75) linear feet of street length. Three or acre lateral utility installations within one hundred fifty (150) linear feet of street length and five or more lateral utility installations within three hundred (300) linear feet of street length will also require full street width of overlay.

The minimum compacted depth of the asphaltic concrete overlay shall be five-eighths inch with edges feathered as much as possible eliminating the fracturing of the mix aggregate. The areas of overlay shall require a tack coat of MC-70 or CSS-l at the rates to be determined by the County Inspector.

2. The overlay described in subsection (D)(1) of this section must be placed by a mechanized self-propelled paver and finished in a good workmanlike manner and good commercial practices.

F. During certain times of the year when hot plant-mixed asphalt is unavailable, cold plant-mixed asphaltic concrete may be placed using above-stated procedures, however, this shall not be considered a permanent patch, and the excavator shall maintain this temporary patch as required to insure proper and safe movement of traffic until such tine as a permanent patch is installed. The responsible excavator shall install a permanent patch with hot asphaltic concrete within fifteen (15) days following the availability of the proper material.

G. At the conclusion of work on any street, cut or opening within the Pueblo County-owned right-of-way, the entire area shall be left in its original condition. All waste construction or excavated materials shall be removed from the site and disposed of within seventy-two (72) hours. Any ditches, gutters, culverts or drain pipes shall be left unblocked and in a condition as good as or better than the original condition. (Res. 79-120 § 9)

12.12.120 Inspections.

A. The Pueblo County Road and Bridge Department Inspector shall be notified twenty-four (24) hours in advance of making any type of cut or doing any excavation in county-owned right-of-way except as stated in Section 12.12.130(B).

B. Inspections during the construction period will be made by the county to insure that work is processing in compliance with the regulations stated herein. Deviation from these regulations and requirements will be sufficient reason for shut down orders to be issued by the county until proper corrections or adjustments have been made by the excavator.

C. Before a pavement section is replaced (patched), the excavator shall notify the County Inspector as to the date such work is proposed. Failure of notification may result in a demand to have such work redone in order to pass a final inspection.

D. Upon satisfactory completion of work, including the replacement of paved sections and gravel road repairs, a final inspection shall be made. Upon the county’s approval, the permit is then released. However, the excavator is still held liable for his or her work as stated in Section 12.12.040(C). (Res. 79-120 § 10)

12.12.130 Emergency work.

A. Nothing in this chapter shall be interpreted to prevent said excavator from performing emergency work prior to obtaining a permit.

B. Pueblo County Road and Bridge Department shall be notified immediately after an emergency utility cut is made. In all other cases, a twenty-four (24) hour advance notification shall be required. (Res. 79-120 § 11)

12.12.140 Notice to excavators.

A. Failure on the part of the excavator to properly prosecute the work of resurfacing, which will necessitate the performance of work by the Pueblo County Road and Bridge Department forces, shall be charged to the excavator as follows:

First square yard: fifty-six dollar ($56.00) minimum charge

Next four square yards at twelve dollars and fifty cents ($12.50) per square yard

All additional square yards at ten dollars ($10.00) per square yard.

B. Costs of placing barricades and/or interim repairs required due to the failure of the excavator to maintain safe conditions will be billed to the contractor. (Res. 79-120 § 12)

12.12.150 Permit fee schedule.

A. Cross Street Cuts. The minimum fee for any cross street cut and/or opening will be eight dollars ($8.00) per cut plus a two dollar ($2.00) permit fee. More than one cross street cut may be included within a single permit with an additional charge of five dollars ($5.00) per cross street cut providing that additional cut within the same block of the same street. This is in effect a ten dollar ($10.00) minimum charge.

B. Street Cuts. The minimum fee for any cut or opening not exceeding in length that which is the width of the street will be eight dollars ($8.00) per cut plus a two dollar ($2.00) permit fee. More than one cut or opening per above may be included within a single permit with an additional charge of two dollars and fifty cents ($2.50) per cut providing that additional cut is within the same block of the same street. This is in effect a ten dollar ($10.00) minimum charge.

C. Longitudinal Street Cuts. Longitudinal cuts will be charged according to the following schedule:

Zero to three hundred (300) feet: eight dollars ($8.00).

Three hundred one (301) feet or more: eight dollars ($8.00) plus five cents ($.05) per linear foot for every foot over three hundred (300) feet.

The minimum charge will be eight dollars ($8.00). This is in addition to a two dollar ($2.00) permit fee. This is in effect a ten dollar ($10.00) minimum charge.

D. Utilities Poles. No fee will be required in cases where the only work to be done is the placement of poles for utilities or other purposes in the public right-of-way, provided that the graded or paved portion of the roadway is not cut into or otherwise disturbed.

E. Penalty Permit. This permit shall be issued to any excavator commencing work prior to obtaining a basic right-of-way cutting permit. The fee for this permit shall cover the foregoing plus a penalty of one hundred dollars ($100.00). (Res. 79-120 § 13)

 

mitchellst@pue… Mon, 01/06/2020 - 04:59 PM

Chapter 12.16 - County Parking Lot Policies

Chapter 12.16 - County Parking Lot Policies

12.16.010 Purpose and policies.

A. To simplify and clarify the procedures, rules, and regulations governing Pueblo County owned and leased parking lots;

B. To establish a system for the continual improvement of parking policies, practices and procedures;

C. To provide the most efficient use of available parking space by county officials, employees, invitees and general public. (Res. 95-314 § 1.101)

12.16.020 Parking lot locations and space assignment.

A. Courthouse and 11th Street Parking Lot.

1. Location. This parking lot shall include all available spaces on 11th Street between Main Street and Court Street and also shall include the parking lot between Main Street and Court Street and 11th Street and 12th Street.

2. Space Assignments.

Reserved, elected officials: 4

General Public and county employees: 225

Handicap: 9

Reserved, maintenance department vehicle: 1

3. Who is permitted to park: county employees, Social Service employees, elected officials and general public doing business in any county-owned facility.

4. Areas of this lot are designated a Pueblo County employee and elected officials parking area. A county-issued parking permit is required to park in all designated reserved areas.

B. East of Judicial Building and North of County Jail, Parking Lot.

1. Location: as stated above.

2. Space Assignments. This parking area has a total of thirty (30) spaces all of which are reserved. The following is a breakdown of space assignment:

Handicap: 4

Maintenance: 1

State Judicial Building employees: 14

Sheriff Department vehicles: 11

3. Who is permitted to park: as stated in subsection (B)(2) above. The chief judge of the 10th Judicial District shall assign judicial section lots to those state judicial building employees as he or she deems appropriate. The Sheriff shall assign those lots reserved for sheriff’s department vehicles.

4. A Pueblo County parking permit is not required to park in this area, except as provided below.

5. A parking permit is required to park in the State Judicial Building employee section during the hours of four-thirty p.m. to seven a.m.

C. South of Judicial Building and West of County Jail, Parking Lot.

1. Location. This lot shall include all available spaces between vacated 9th Street to Judicial Building and between Grand Street and Pueblo County Jail.

2. Space Assignment. This parking area has a total of fifty-two (52) spaces all of which are reserved. The following is a breakdown of space assignments:

Sheriff Department vehicles (twenty-four (24) hours): 24

State Judicial Building employees (seven a.m. to four-thirty p.m.): 28

General county employees with permit (four-thirty p.m. to seven a.m. in judicial section only)

3. Who is permitted to park: as stated in subsection (C)(2) above. The chief judge of the 10th Judicial District shall assign judicial section lots to those state judicial building employees as he deems appropriate. The Sheriff shall assign those lots reserved for sheriff’s department vehicles.

4. The judicial portion of lot between the hours of four-thirty p.m. and four-thirty a.m. is open to State Judicial Building Employees and to all persons displaying a valid county permit.

D. 9th Street Parking Lot (Includes All Spaces Located on Vacated 9th Street).

1. Location. This parking lot shall include all available spaces between Grand Street and Court Street and between vacated 9th Street, then south to stucco wall.

2. Space Assignments. This parking area has a total of one hundred forty (140) parking spaces. The following is a breakdown of space assignments:

General county employee parking: 125

Handicap: 2

Department of Human Services reserved parking: 13

3. Who is permitted to park: as stated in subsection (D)(2) above.

4. A Pueblo County parking permit is required to park in this lot.

5. Department of Human Services employees are to remove the department vehicle from the reserved space and park their personal vehicle in that reserved space and return the department vehicle to the reserved space at the end of the work day.

E. 1st Baptist Church Parking Lot (leased by Pueblo County).

1. Location: southwest corner of 10th Street and Grand Street.

2. Space Assignments. This parking area has a total of sixty (60) parking spaces. The following is a breakdown of space assignments:

General: 58

Handicap: 2

3. Who is permitted to park: all non-county employees doing business in the Pueblo County Judicial Building and Justice Plaza. This shall also be the designated juror parking area.

4. A Pueblo County parking permit is not required to park in this lot and is on a first-come first-served basis. (Res. 97-215 § 1; Res. 95-314 § 2)

12.16.030 Parking lot authority.

The Board of County Commissioners has assigned the Director of Purchasing or his or her designee to be the central authority governing all aspects of parking lot issues. All requests, concerns or comments concerning all parking shall be directed in writing to the Director of Purchasing for consideration with the final outcome being determined by the Board of County Commissioners. (Res. 95-314 § 3)

12.16.040 Signage.

The Director of Purchasing shall, in conjunction with the appropriate County Department, prepare, erect, revise and monitor all signage required to properly sign all parking lots. The Director of Purchasing may seek assistance from personnel of county departments in the development of signage placement, wordage, etc. The Director of Purchasing shall be responsible for preparing a final recommendation with the final decision being made by the Board of County Commissioners. (Res. 95-314 § 4)

12.16.050 Parking permits.

A. Persons Eligible for Permits. Pueblo County shall make parking permits available to all department directors, elected officials, regular full time, regular part time, seasonal, salary extra employees, contract labor (non-county employees) and dispatchers employed by the city of Pueblo on a "space available basis." Director of Purchasing may issue a temporary parking permit with an expiration date indicated on permit for employees that are hired on a temporary basis. Persons shall make request for parking permit by contacting the Purchasing Department and filling out a permit application form (one per employee).

B. Termination of Employment.

1. In the event a permit holder’s employment at the Sheriff’s Department to include dispatchers employed by the city of Pueblo or the District Attorney’s office is terminated, it shall be the responsibility of those departments to collect the permit from that employee and return it to the Purchasing Department.

2. In the event a permit holder’s employment at all county departments, other than the Sheriff’s Department or the District Attorneys Office is terminated, it shall be the responsibility of the Department of Human Resources to collect the permit from that employee and return it to the Purchasing Department. (Res. 97-215 § 2; Res. 95-314 § 5)

12.16.060 Restricted parking areas.

The director of purchasing shall make recommendations to the Board of County Commissioners with final decision being made by the Board, all areas to be designated no parking. Once these areas have been determined as no parking areas and signed as such it will be strictly prohibited to park in these areas. (Res. 95-314 § 6)

12.16.070 Public parking.

The Board of County Commissioners recognized that there are insufficient spaces available in the various lots listed in this policy to meet all of the parking needs of the general public doing business in the downtown county and judicial buildings. Therefore, the Board of County Commissioners is designating the following street parking as exclusively set aside for the general public and strongly encourages county-elected officials, department directors, and their employees not to use them: Courthouse: east side of Court Street between 10th and 11th Streets; north side of 10th Street between Court and Main Streets; and west side of Main Street between 10th and 11th Streets. Judicial building/jail: east side of Grand Avenue between 9th and 10th Streets; south side of 10th Street between Grand Avenue and Court Streets; west side of Court Street between 9th and 10th Streets. (Res. 95-314 § 7)

12.16.080 Enforcement.

The provisions of this policy are enforceable through the Pueblo County Personnel Policies and Procedures, and as otherwise determined by the Board of County Commissioners.

The Board of County Commissioners determines that the provisions of the policy as they apply to the parking lots east of the judicial building and north of the county jail shall be enforced by the Pueblo County Sheriff. (Res. 97-215 § 3; Res. 95-314 § 8)

 

mitchellst@pue… Tue, 01/07/2020 - 08:29 AM

Chapter 12.20 - Cattle Guards on Highways

Chapter 12.20 - Cattle Guards on Highways

12.20.010 Maintenance and removal.

Pueblo County, acting by and through Pueblo County Public Works, shall maintain all existing cattle guards located on and across county highways until such time as any such cattle guard is no longer required. The determination as to whether or not a particular cattle guard is no longer required shall be left to the discretion of the adjacent property owners. Where it is determined that a particular cattle guard is no longer required, it shall then be removed by Pueblo County and either junked, stored for further use, or used to replace other cattle guards located on or across county highways is deemed appropriate by Pueblo County. (Res. 93-220 § 1)

12.20.020 Cattleguard construction--County specifications to be met.

A party requesting that a cattle guard be established at a location not presently served by a cattle guard must fund the entire cost of the construction and installation of an approved cattle guard. Each approved cattle guard must be constructed and installed by a licensed, bonded and insured excavator in accordance with the county’s existing excavation permit regulations. Pueblo County shall provide a standard for cattle guard construction to the person desiring to establish an approved cattle guard. During the construction and installation process, Pueblo County shall inspect the construction and installation of the cattle guard to insure it is being constructed and installed in accordance with county specifications before it shall be considered an approved cattle guard. Following the construction and installation of a cattle guard, Pueblo County must accept the cattle guard as being constructed and installed in accordance with county specifications before it shall be considered an approved cattle guard. A newly installed cattle guard which does not meet county specifications remains the responsibility of the person requesting the installation of the cattle guard until such time as Pueblo County approves the cattle guard as being constructed and installed in accordance with county specifications. (Res. 93-220 § 2)

12.20.030 County responsible after approval.

Following approval of a cattle guard by Pueblo County, Pueblo County shall be responsible for perpetually maintaining the cattle guard. In no event, shall Pueblo County be responsible for the maintenance of a cattle guard until such time as the cattle guard has been approved by Pueblo County as being constructed and installed in accordance with county specifications. (Res. 93-220 § 3)

12.20.040 Abandonment or discontinuance by county.

Nothing contained in this chapter shall limit or restrict the right of Pueblo County to discontinue or limit maintenance of a particular cattle guard or the highway upon which it is situated, or to abandon or vacate any such highway according to law, where such action is deemed to be in the public interest by the Board of County Commissioners of Pueblo County, Colorado. (Res. 93-220 § 4)

 

mitchellst@pue… Tue, 01/07/2020 - 08:44 AM

Chapter 12.24 - Park and Recreation Area Use Regulations

Chapter 12.24 - Park and Recreation Area Use Regulations

12.24.010 Restricted hours of use.

A. Usage by the general public of Liberty Point Park, McHarg Park, Rye Mountain Park, and Runyon Field Sports Complex, as well as any other county-owned or operated park or recreation facility, is prohibited from eleven p.m. to six a.m., seven days a week, unless engaging in or attending programs or activities sanctioned by the Runyon Sports Commission Inc., or by Pueblo County in accordance with subsection B of this section.

B. Usage of the parks, recreation facilities and sports complex during restricted hours for any purpose may be allowed only upon prior written permission granted by the Board of County Commissioners, and with subsequent advance written notice provided by the permitted person or group to the Pueblo County Sheriff. (Res. 96-326 §§ 1, 2)

12.24.020 Alcoholic beverages.

The consumption and transport of any and all alcoholic beverages by the general public in and into Liberty Point Park, McHarg Park, and Rye Mountain Park, as well as any other county-owned or operated park or recreation facility, is prohibited at all times, with the exception of Runyon Field Sports Complex. Runyon Field Sports Complex Commission, Inc. shall be permitted to continue to hold a liquor license as issued by the city of Pueblo and to sell beverages subject to that license on the premises of Runyon Field Sports Complex during certain sporting events. (Res. 96-326 § 3)

12.24.030 Off-road vehicles.

The use of any and all motorized off-road (dirt) vehicles in the parks, recreation facilities and Sports Complex is prohibited at all times. (Res. 96-326 § 4)

12.24.040 Destruction or mutilation of county property.

The removal, destruction, mutilation or defacing of any natural object or manmade object owned or used by the county in relation to this chapter is prohibited unless otherwise expressly authorized by the county. (Res. 96-326 § 5)

12.24.050 Firearms.

The transport in or into or use of any explosives or any form of firearm at the parks, recreation facilities and sports complex is prohibited at all times unless otherwise authorized by law. (Res. 96-326 § 6)

12.24.060 Pets.

Dogs and other pet animals must be under owner’s or custodian’s control at all times such animals are in the parks, recreation facilities or sports complex as is further provided for in the Pueblo County Resolution No. 92-396 providing for the control and licensing of dogs in the unincorporated area of Pueblo County, as may be amended from time to time, the terms and provisions of which are incorporated herein by this reference, and as may otherwise be, posted at the particular park, recreational facility or sports complex. (Res. 96-326 § 7)

12.24.070 Boating, fishing and camping.

Boating, fishing, camping, and hunting in the parks, recreation facilities and sports complex are prohibited at all times unless otherwise posted at the particular site. (Res. 96-326 § 8)

12.24.080 Pollution and litter.

The unlawful pollution and disposal of litter in the parks, recreation facilities and sports complex is prohibited and regulated by the applicable provisions of Pueblo County Ordinance No. 4, "Concerning the Regulations and Licensing of Solid Waste Collection and Disposal in the Unincorporated Area of Pueblo County, Colorado" including, but not limited to, Sections III and VI of said ordinance, the terms and provisions of which are incorporated herein by this reference, and are applied with equal force and effect to all parks, recreational facilities and sports complex. (Res. 96-326 § 9)

12.24.090 Signs stating rules and regulations to be posted.

The Pueblo County Departments of Parks and Recreation are authorized and instructed to coordinate with the Department of Public Works and the Office of the County Attorney in obtaining and posting appropriate signs to, within, and without Liberty Point Park, McHarg Park, Rye Mountain Park, and Runyon Field Sports Complex, as well as any other county-owned park or recreation facility, to notify the public of these rules and regulations in usage of the parks, recreation facilities and sports complex. (Res. 96-326 § 10)

12.24.100 Violation--Penalty.

A. Any person violating any rule or regulation herein set forth commits a Class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300.00), as set forth in subsection B of this section for each separate violation, as is provided for in Sections 29-7-101(2), 16-2-201 and 18-1-107 and 108, C.R.S., as amended.

B. The Board adopts the penalty assessment procedure set forth in Section 16-2-201, C.R.S., as amended, for any violation of this chapter constituting a Class 2 petty offense, including a graduated fine schedule for increased penalty assessments for repeat offenses by the same individual, as follows:

First offense, $100.00

Second offense, $200.00

Third (or more) offense, $300.00

(Res. 96-326 § 12)

12.24.110 Enforcement.

It is the duty of the Sheriff and the Sheriff’s Undersheriff and deputies to enforce the rules and regulations set forth in this chapter, and the Pueblo County Court shall have jurisdiction in the prosecution of any violation of a rule or regulation set forth herein, pursuant to Section 29-7-101(2), C.R.S., as amended. (Res. 96-326 § 13)

12.24.120 Fees and penalties--Use of funds.

All assessments, fees, penalties, fines, forfeitures and other costs connected with any violation of this chapter, and all other moneys collected by, or on behalf of, Pueblo County pursuant to this chapter shall be paid over to the Pueblo County Treasurer immediately upon receipt thereof by the individual or entity receiving such moneys. Upon receipt of such moneys, the Treasurer shall deposit the same into the Pueblo County general fund. (Res. 96-326 § 14)

12.24.130 Remedies cumulative.

The remedies provided in this chapter 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. (Res. 96-326 § 15)

mitchellst@pue… Tue, 01/07/2020 - 08:47 AM

Title 15 - Buildings and Construction

Title 15 - Buildings and Construction
mitchellst@pue… Tue, 01/07/2020 - 12:20 PM

Chapter 15.04 - Building Code Adopted

Chapter 15.04 - Building Code Adopted

15.04.010 Adoption of the 2015 International Building Code.

The following ordinance was adopted by the Pueblo City Council on July 13, 2015, is on file with the Clerk for the Board of County Commissioners, and is adopted and incorporated by reference as part of the Pueblo County Building Code pursuant to C.R.S. §30-28-201:

Ordinance No. 8894 amending Chapter 2, Title IV, of the Pueblo Municipal Code relating to Bulding Regulations and adopting the 2015 International Building Code published by the International Code Council, Inc. and providing penalties and remedies for the violation thereof. (Res. 15-195 § 1)

15.04.020 Short title.

The ordinance and code adopted in this Resolution shall be known and cited as the "Pueblo County Building Code," and are referred to in this Resolution as "the Code." (Res. 15-195 § 2)

15.04.030 Purpose.

The purpose of the Code is to provide minimum standards to protect the public health and safety by controlling and regulating buildings, structures, and equipment including but not limited to electrical, plumbing, heating, ventilation, comfort cooling, refrigeration systems; signs and sign structures; elevators, dumbwaiters, and escalators; boilers and pressure vessels; plumbing and drainage systems; single and multiple dwellings; business and commercial buildings and structures; electrical conductors and equipment; and the storage and handling of hazardous materials in the County of Pueblo. The Code is also to provide uniform codes, consistent with and generally conforming to similar ordinances and regulations throughout the City of Pueblo. The Board of County Commissioners also intends to act with the City Council of the City of Pueblo to promulgate procedures and to establish boards of appeal as provided in the Code. (Res. 15-195 § 3)

15.04.040 Scope.

The provisions of the Code and the other codes adopted by reference shall apply to the construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, use, storage, height, area, maintenance, installation, inspection, design, operation, testing, handling, erection and fabrication of equipment, structures, and buildings within the County of Pueblo: except work located in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the Code, and hydraulic flood control structures. Where in any specific case, different sections of the Code, the County zoning resolution, or any other resolution of the County or other governmental body specify different requirements, the most restrictive provision shall govern. (Res. 15-195 § 4)

15.04.050 Exemption.

As provided in C.R.S.§30-28-201(1), buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock, or poultry are exempted from the Code. All other provisions of the Code shall apply to agricultural buildings and structures. (Res. 15-195 § 5)

15.04.060 Designated area.

The code shall apply to all unincorporated areas in Pueblo County. (Res. 15-195 § 6)

15.04.070 Change of city terms to county terms.

Whenever reference is made in the Code, including the codes adopted by reference, to "City Council” this shall be construed to mean "County Commissioners." Whenever reference is made in the Code to "ordinance," the same shall be construed to be "Resolution." Whenever reference is made in the Code "City Clerk," the same shall be construed to be "County Clerk." Whenever reference is made in the Code to "City" the same shall be construed to be "County." Whenever reference is made in the Code to "Municipal Court" the same shall be construed to be "County Court." Whenever reference is made to City Public Works Department the same shall be construed to be "County Public Works Department." (Res. 15-195 § 7)

15.04.080 Nonliability.

The adoption of this Resolution shall not create any duty to any person, firm, corporation, or other entity with regard to the enforcement or non-enforcement of this Resolution or the Code. No person, firm, corporation, or other entity shall have any private right of action, claim or civil liability remedy against the County of Pueblo, the Pueblo Regional Building Department, or their commissions, boards of review, or officers, employees or agents of such bodies or entities, for any damage arising out of or in any way connected with the adoption, enforcement or non-enforcement of this Resolution or the Code. Nothing in this resolution or in the Code 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, or to waive any immunities or limitations on liability otherwise available to the County of Pueblo or the Pueblo Regional Building Department, or their commissions, boards of review, or officers, employees or agents of such bodies or entities. (Res. 15-195 § 8)

15.04.090 Severability.

If any part, section, subsection, sentence, clause or phrase of this Resolution or the Code is held to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution or the Code. (Res. 15-195 § 9)

15.04.100 Repeal.

All ordinances, resolutions, regulations and building codes of Pueblo County are repealed and superseded to the extent the same are inconsistent or in conflict with any term or provision of the Code. However, if the Code, this resolution, or any part of either is declared invalid, so that after such declaration of invalidity a building code for any matter covered in the Code shall not be in effect, the previous building code covering the same matter shall not be deemed to have been repealed and shall be deemed reenacted and in effect. (Res. 15-195 § 10)

15.04.110 Violations.

As provided in C.R.S. §30-28-209, any person, firm or corporation violating any provision of the Code is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $100, or by imprisonment in the county jail for not more than 10 days, or both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance, or use continues shall be deemed a separate offense. In case any building or structure is, or is proposed to be, erected, constructed, reconstructed, altered, or remodeled, used, or maintained in violation of any regulation or provision of the Code, or amendment thereto and enacted or adopted by the Board of County Commissioners under the authority granted by C.R.S. §30-28-209, the Pueblo County Attorney, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or other appropriate or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, remodeling, maintenance or use. (Res. 15-195 § 11)

 

mitchellst@pue… Tue, 01/07/2020 - 12:27 PM

Chapter 15.08 - Building Permits

Chapter 15.08 - Building Permits

15.08.010 Mudslide hazards to be determined prior to issuance.

A. The Pueblo County Zoning Administrator shall require the issuance of a permit for any excavation, grading, fill or construction in the community; and

B. The Pueblo County Zoning Administrator shall require review of each permit application to determine whether the proposed site and improvements will be reasonably safe from mudslides. If a proposed site and improvements are in a location that may have mudslide hazards, a further review must be made by persons qualified in geology and soils engineering; and the proposed new construction, substantial improvement, or grading must: (1) be adequately protected against mudslide damage; and (2) not aggravate the existing hazard. (§§ 1 and 2 of Res. dated 3/4/74)

15.08.020 Flood hazards to be determined prior to issuance.

A. The Zoning and Building Administrator shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefab-ricated and mobilehomes) must: (1) be designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure; (2) use construction materials and utility equipment that are resistant to flood damage; and (3) use construction methods and practices that will minimize flood damage; and

B. The Zoning and Building Administrator shall review subdivision proposals and other proposed new developments to assure that: (1) all such proposals are consistent with the need to minimize flood damage; (2) all public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage; and (3) adequate drainage is provided so as to reduce exposure to flood hazards; and

C. The Pueblo City-County Health Department shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding. (§§ 1--3 of Res. dated 4/25/74)

 

mitchellst@pue… Tue, 01/07/2020 - 12:29 PM

Chapter 15.12 - Plumbing Code Adopted

Chapter 15.12 - Plumbing Code Adopted

15.12.010 Adoption of the 2015 International Plumbing Code.

The following ordinance was adopted by the Pueblo City Council on July 13, 2015, is on file with the Clerk for the Board of Commissioners, and is adopted and incorporated by reference as part of the Pueblo County Building Code pursuant to C.R.S. § 30-28-201:

Ordinance No. 8891, amending Chapter 4, Title IV, of the Pueblo Municipal Code, relating to Plumbing Regulations and adopting by reference the 2015 Internatioinal Plumbing Code Published by the International Code Council, Inc., and providing penalties and remedies for violation thereof. (Res. 15-196 § 1)

15.12.020 Short title.

The ordinance and code adopted in this chapter shall be known, and cited as the "Pueblo County Plumbing Code," and are referred to in this chapter as "the Code." (Res. 15-196 § 2)

15.12.030 Purpose.

The purpose of the Code is to provide minimum standards to protect the public health and safety by controlling and regulating buildings, structures and equipment including but not limited to electrical, plumbing, heating, ventilation, comfort cooling, refrigeration systems; signs and sign structures; elevators, dumbwaiters and escalators; boilers and pressure vessels; plumbing and drainage systems; single and multiple dwellings; business and commercial buildings and structures; electrical conductors, and equipment; and the storage and handling of hazardous materials in the County of Pueblo. The Code is also to provide uniform codes, consistent with and generally conforming to similar ordinances and regulations throughout the City of Pueblo. The Board of County Commissioners also intends to act with the City Council of the City of Pueblo to promulgate procedures and to establish boards of review as provided in the Code. (Res. 15-196 § 3)

15.12.040 Scope.

The provisions of the Code and the other codes adopted by reference shall apply to the construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, use, storage, height, area, maintenance, installation, inspection, design, operation, testing, handling, erection and fabrication of equipment, structures, and buildings within the County of Pueblo: except work located in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the Code, and hydraulic flood control structures. Where, in any specific case, different sections of the Code, the County zoning resolution, or any other resolution of the County or other governmental body specify different requirements, the most restrictive provision shall govern. (Res. 15-196 § 4)

15.12.050 Exemption.

As provided in C.R.S. § 30-28-201(1), buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock or poultry are exempted from the Code. All other provisions of the Code shall apply to agricultural buildings and structures. (Res. 15-196 § 5)

15.12.060 Designated area.

The Code shall apply to all unincorporated areas in Pueblo County. (Res. 15-196 § 6)

15.12.070 Change of city terms to county terms.

Whenever reference is made in the Code, including the codes adopted by reference, to "City Council" this shall be construed to mean "County Commissioners." Whenever reference is made in the Code to "ordinance," the same shall be construed to be "Resolution." Whenever reference is made in the Code to "City Clerk," the same shall be construed to be "County Clerk." Whenever reference is made in the Code to "City" the same shall be construed to be "County." Whenever reference is made in the Code to "Municipal Court" the same shall be construed to be "County Court." Whenever reference is made to "City Public Works Department" the same shall be construed to be "County Public Works Department." (Res. 15-196 § 7)

15.12.080 Nonliability.

The adoption of this resolution shall not create any duty to any person, firm, corporation, or other entity with regard to the enforcement or nonenforcement of this Resolution or the Code. No person, firm, corporation, or other entity shall have any private right of action, claim or civil liability remedy against the County of Pueblo, the Pueblo Regional Building Department, or their commissions, boards of review, or officers, employees or agents of such bodies or entities, for any damage arising out of or in any way connected with the adoption, enforcement or nonenforcement of this resolution or the Code. Nothing in this resolution or in the Code 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, or to waive any immunities or limitations on liability otherwise available to the County of Pueblo or the Pueblo Regional Building Department, or their commissions, boards of review, or officers, employees or agents of such bodies or entities.           (Res. 15-196 § 8)

15.12.090 Severability.

If any part, section, subsection, sentence, clause or phrase of this resolution or the Code is held to be invalid, such decision shall not affect the validity of the remaining portions of this resolution or the Code. (Res. 15-196 § 9)

15.12.100 Repeal.

All ordinances, resolutions, regulations and building codes of Pueblo County are repealed and superseded to the extent the same are inconsistent or in conflict with any term or provision of the Code. However, if the Code, this resolution, or any part of either is declared invalid, so that after such declaration of invalidity a building code for any matter covered in the Code shall not be in effect, the previous building or plumbing code covering the same matter shall not be deemed to have been repealed and shall be deemed reenacted and in effect. (Res. 15-196 § 10)

15.12.110 Violations.

As provided in C.R.S. § 30-28-209, any person, firm or corporation violating any provision of the Code is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $100, or by imprisonment in the county jail for not more than 10 days, or both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance, or use continues shall he deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or remodeled, used, or maintained in violation of any provision of the Code, or amendment thereto and enacted or adopted by the Board of County Commissioners under the authority granted by C.R.S. § 30-28-209, the Pueblo County Attorney, in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus, or abatement to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, remodeling, maintenance, or use.  (Res. 15-196 § 11)

 

mitchellst@pue… Tue, 01/07/2020 - 12:37 PM

Chapter 15.16 - Mechanical Code Adopted

Chapter 15.16 - Mechanical Code Adopted

15.16.010 Adoption of the 2015 International Mechanical Code.

The following ordinance was adopted by the Pueblo City Council on July 13, 2015, is on file with the Clerk for the Board of Commissioners, and is adopted and incorporated by reference as part of the Pueblo County Building Code pursuant to C.R.S. § 30-28-201:

Ordinance No. 8892 amending Chapter 5, Title IV, of the Pueblo Municipal Code relating to mechanical regulations and adopting by reference the 2015 International Mechanical Code, and providing penalties and remedies for the violation thereof. (Res. 15-193 § 1)

15.16.020 Short title.

The ordinance and code adopted in this Resolution shall be part of and cited as the "Pueblo County Mechanical Code," and are referred to in this Resolution as "the Code." (Res. 15-193 § 2)

15.16.030 Purpose.

The purpose of the code is to provide minimum standards to protect the public health and safety by controlling and regulating buildings, structures and equipment including but not limited to electrical, plumbing, heating, ventilation, comfort cooling, refrigeration systems; signs and sign structures; elevators, dumbwaiters and escalators; boilers and pressure vessels; plumbing and drainage systems; single and multiple dwellings; business and commercial buildings and structures; electrical conductors and equipment; and the storage and handling of hazardous materials in the County of Pueblo. The Code is also to provide uniform codes, consistent with and generally conforming to similar ordinances and regulations throughout the City of Pueblo. The Board of County Commissioners also intends to act with the City Council of the City of Pueblo to promulgate procedures and to establish boards of review as provided in the code. (Res. 15-193 § 3)

15.16.040 Scope.

The provisions of the Code and the other codes adopted by reference shall apply to the construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, use, storage, height, area, maintenance, installation, inspection, design, operation, testing, handling, erection and fabrication of equipment, structures and buildings within the County of Pueblo: except work located in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the Code, and hydraulic flood control structures. Where in any specific case, different sections of the Code, the County zoning resolution, or any other resolution of the County or other governmental body specify different requirements, the most restrictive provision shall govern. (Res. 15-193 § 4)

15.16.050 Exemption.

As provided in C.R.S. § 30-28-201(1), buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock, or poultry are exempted from the Code. All other provisions of the Code shall apply to agricultural buildings and structures. (Res. 15-193 § 5)

15.16.060 Designated area.

The Code shall apply to all unincorporated areas in Pueblo County. (Res. 15-193 § 6)

15.16.070 Change of city terms to county terms.

Whenever reference is made in the Code, including the codes adopted by reference, to "City Council" this shall be construed to mean "County Commissioners." Whenever reference is made in the Code to "ordinance," the same shall be construed to be "Resolution." Whenever reference is made in the code to "City Clerk," the same shall be construed to be "County Clerk." Whenever reference is made in the code to "City" the same shall be construed to be "County." Whenever reference is made in the code to "Municipal Court" the same shall be construed to be "County Court." Whenever reference is made to "City Public Works Department" the same shall be construed to be "County Public Works Department." (Res. 15-193 § 7)

15.16.080 Nonliability.

The adoption of the Resolution shall not create any duty to any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of said Resolution or the Code. No person, firm, corporation or other entity shall have any private right of action, claim or civil liability remedy against the County of Pueblo, the Pueblo Regional Building Department, or their commissions, boards of review, or officers, employees or agents of such bodies or entities, for any damage arising out of or in any way connected with the adoption, enforcement or nonenforcement of said resolution or the Code. Nothing in said Resolution or in the Code 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, or to waive any immunities or limitations on liability otherwise available to the County of Pueblo or the Pueblo Regional Building Department, or their commissions, boards of review, or officers, employees or agents of such bodies or entities. (Res. 15-193 § 8)

15.16.090 Severability.

If any part, section, subsection, sentence, claue or phrase of this resolution of the Code is held to be invlalid, such deciion shall not affect the vaility of the remaining portions of this resolution or the Code. (Res. 15-193 § 9)

15.16.100 Repeal.

All ordinances, resolutions, regulations and building codes of Pueblo County are repealed and superseded to the extent the same are inconsistent or in conflict with any term or provision of the Code. However, if the Code, this resolution, or any part of either is declared invalid, so that after such declaration of invalidity a building code for any matter covered in the Code shall not be in effect, the previous building or plumbing code covering the same matter shall not be deemed to have been repealed and shall be deemed reenacted and in effect. (Res. 15-193 § 10)

15.16.110 Violations.

As provided in C.R.S. § 30-23-209, any person, firm or corporation violating any provision of the code is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $100, or by imprisonment in the county jail for not more than 10 days, or both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall he deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered or remodeled, used, or maintained in violation of any provision of the Code, or amendment thereto, and enacted by the Board of County Commissioners, under the authority granted by C.R.S.  § 30-23-209, the Pueblo County Attorney , in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus or abatement to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, remodeling, maintenance or use. (Res. 15-193 § 11)

 

mitchellst@pue… Tue, 01/07/2020 - 12:39 PM

Chapter 15.20 - Electrical Code Adopted

Chapter 15.20 - Electrical Code Adopted

15.20.010 Adoption of the Electrical Code Amendments.

The following ordinance was adopted by the Pueblo City Council on April 9, 2018, is on file with the Clerk to the Board of Commissioners, and is adopted and incorporated by reference as part of the Pueblo County Building Code pursuant to C.R.S. § 30-28-201:  

Ordinance No. 9250 amending Chapter 3, Title IV, of the Pueblo Municipal Code Relating to Electrical Regulations and adopting by reference the National Electrical Code, 2017 Edition, published by the National Fire Protection Association, one Batterymarch Park, Quincy, Massachusetts 02169-7471, and providing penalties and remedies for the violation thereof.  (Res. 18-145 § 1)

15.20.020 Short title.

Title. The ordinance and code adopted in this resolution shall be a part of and cited as the "Pueblo County Electrical Code," and are referred to in this resolution as "the Code."  (Res. 18-145 § 2)

15.20.030 Purpose.

Purpose. The purpose of the Code is to provide minimum standards to protect the public health and safety by controlling and regulating buildings, structures, and equipment including, but not limited to electrical, plumbing, heating, ventilation comfort cooling, refrigeration systems; signs and sign structures; elevators, dumbwaiters and escalators; boilers and pressure vessels; plumbing and drainage systems; single and multiple dwellings; business and commercial buildings and structures; electrical conductors and equipment; and the storage and handling of hazardous materials in the County of Pueblo. The Code is also to provide uniform codes, consistent with and generally conforming to similar ordinances and regulations throughout the City of Pueblo. The Board of County Commissioners also intends to act with the City Council of the City of Pueblo to promulgate procedures and to establish boards of review as provided in the Code. (Res. 18-145 § 3)

15.20.040 Scope.

Scope. The provisions of the Code and the other codes adopted by reference shall apply to the construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, use, storage, height, area, maintenance, installation, inspection, design, operation, testing, handling, erection and fabrication of equipment, structures, and buildings within the County of Pueblo, except work located in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the Code, and hydraulic flood control structures. Where, in any specific case, different sections of the Code, the County zoning resolution, or any other resolution of the County or other governmental body specify different requirements, the most restrictive provision shall govern.  (Res. 18-145 § 4)

15.20.050 Exemption.

Exemption. As provided in C.R.S. § 30-28-201(1), buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock, or poultry are exempted from the Code. All other provisions of the Code shall apply to agricultural buildings and structures.  (Res. 18-145 § 5)

15.20.060 Designated area.

Designated Area. The Code shall apply to all unincorporated areas in Pueblo County.  (Res. 18-145 § 6)

15.20.070 Change of city terms to county terms.

Changing City Terms to County Terms. Whenever reference is made in the Code, including the codes adopted by reference, to "City Council," this shall be construed to mean "County Commissioners." Whenever reference is made in the Code to "ordinance," the same shall be construed to be "Resolution." Whenever reference is made in the Code to "City Clerk," the same shall be construed to be "County Clerk." Whenever reference is made in the Code to "City," the same shall be construed to be "County." Whenever reference is made in the Code to "Municipal Court," the same shall be construed to be "County Court." Whenever reference is made to City Public Works Department, the same shall be construed to be "County Public Works Department." (Res.18-145 § 7)

15.20.080 Nonliability.

Nonliability. The adoption of this resolution shall not create any duty to any person, firm, corporation, or other entity with regard to the enforcement or non-enforcement of this resolution or the Code. No person, firm, corporation, or other entity shall have any private right of action, claim, or civil liability remedy against the County of Pueblo, the Pueblo Regional Building Department, or their commissions, boards of review, or officers, employees, or agents of such bodies or entities, for any damage arising out of or in any way connected with the adoption, enforcement or non-enforcement of this resolution or the Code. Nothing in this resolution or in the Code 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, or to waive any immunities or limitations on liability otherwise available to the County of Pueblo or to the Pueblo Regional Building Department, or their commissions, boards of review, or officers, employees, or agents of such bodies or entities. (Res. 18-145 § 8)

15.20.090 Severability.

Severability. If any part, section, subsection, sentence, clause, or phrase of this resolution or the Code is held to be invalid, such decision shall not affect the validity of the remaining portions of this resolution or the Code.  (Res. 18-145 § 9)

15.20.100 Repeal.

Repeal. All ordinances, resolutions, regulations and building codes of Pueblo County are repealed and superseded to the extent the same are inconsistent or in conflict with any term or provision of the Code. However, if the Code, this resolution, or any part of either is declared invalid, so that after such declaration of invalidity a building code for any matter covered in the Code shall not be in effect, the previous building or plumbing code covering the same matter shall not be deemed to have been repealed and shall be deemed reenacted and in effect.  (Res. 18-145 § 10)

15.20.110 Violations.

Violations. As provided in C.R.S. § 30-28-209, any person, firm or corporation violating any provision of the Code is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $100.00, or by imprisonment in the county jail for not more than 10 days, or both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance, or use continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or remodeled, used, or maintained in violation of any provision of the Code, or amendment thereto, and enacted or adopted by the Board of County Commissioners under the authority granted by C.R.S. § 30-28-209, the Pueblo County Attorney, in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus, or abatement to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, remodeling, maintenance, or use.  (Res. 18-145 § 11)

 

mitchellst@pue… Tue, 01/07/2020 - 12:41 PM

Chapter 15.24 - Housing Code Adopted

Chapter 15.24 - Housing Code Adopted

15.24.010 Adoption of the 1997 Uniform Housing Code.

The following ordinance was adopted by the Pueblo City Council on February 23, 1998, is on file with the Clerk for the Board of Commissioners, and is adopted and incorporated by reference as part of the Pueblo County Building Code pursuant to Section 30-28-201, C.R.S.:

Ordinance No. 6292 Amending Chapter 1 Title VIII of the 1971 Code of Ordinances relating to housing regulations and adopting the 1997 Uniform Housing Code published by the International Conference of Building Officials, 5360 Workman Mill Rd., Whittier, California 90601-2298 and providing penalties for the violation thereof. (Res. 98-286 § 1)

15.24.020 Short title.

The ordinance and code adopted in this chapter shall be known and cited as the "Uniform Housing Code," and are referred to in this chapter as "the code." (Res. 98-286 § 2)

15.24.030 Purpose.

The purpose of the code is to protect, preserve and promote the physical and mental health and social well-being of the people, to prevent and control incidence of communicable diseases, to regulate privately and publicly owned buildings and dwellings for the purpose of maintaining adequate sanitation and public health, and to protect the safety of the people and to promote the general welfare by legislation which shall be applicable to all dwellings now in existence or hereafter constructed. It is further declared that the purpose of this chapter is to insure that the quality of housing is adequate for protection of public health, safety and general welfare, including: establishment of minimum standards for basic equipment and facilities for light, ventilation and thermal conditions, for safety from fire and accidents, for the use and location and amount of space for human occupancy, and for the adequate level of maintenance, determination of the responsibilities of owners, operators and, occupants of dwellings; and provision for the administration and enforcement thereof. The code is also to provide uniform codes, consistent with and generally conforming to similar ordinances and regulations throughout the city of Pueblo. The Board of County Commissioners also intends to act with the City Council of the city of Pueblo to promulgate procedures and to establish boards of appeals as provided in the code. (Res. 98-286 § 3)

15.24.040 Scope.

The provisions of the code and the other codes adopted by reference shall apply to the construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, use, storage, height, area, maintenance, installation, inspection, design, operation, testing, handling, erection and fabrication of equipment, structures, and buildings within the county of Pueblo: except work located in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the code, and hydraulic flood control structures. Where in any specific case, different sections of the code, the county zoning resolution, or any other resolution of the county or other governmental body specify different requirements, the most restrictive provision shall govern. (Res. 98-286 § 4)

15.24.050 Exemption.

As provided in Section 30-28-201(1), C.R.S., buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock or poultry are exempted from the code. All other provisions of the code shall apply to agricultural buildings and structures. (Res. 98-286 § 5)

15.24.060 Designated area.

The code shall apply to all unincorporated areas in Pueblo County. (Res. 98-286 § 6)

15.24.070 Change of city terms to county terms.

Whenever reference is made in the code, including the codes adopted by reference, to "City Council" this shall be construed to mean "County Commissioners." Whenever reference is made in the code to "ordinance," the same shall be construed to be "resolution." Whenever reference is made in the code to "City Clerk," the same shall be construed to be "County Clerk." Whenever reference is made in the code to "City" the same shall be construed to be "County." Whenever reference is made in the code to "Municipal Court" the same shall be construed to be "County Court." Whenever reference is made to "City Public Works Department" the same shall be construed to be "County Public Works Department." (Res. 98-286 § 7)

15.24.080 Nonliability.

The adoption of the resolution codified in this chapter shall not create any duty to any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of said resolution or the code. No person, firm, corporation or other entity shall have any private right of action, claim or civil liability remedy against the county of Pueblo, the Pueblo Regional Building Department, or their commissions, boards of appeals, or officers, employees or agents of such bodies or entities, for any damage arising out of or in any way connected with the adoption, enforcement or nonenforcement of said resolution or the code. Nothing in said resolution or in the code 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, Section 24-10-101, C.R.S. or to waive any immunities or limitations on liability otherwise available to the county of Pueblo or the Pueblo Regional Building Department, or their commissions, boards of appeals, or officers, employees or agents of such bodies or entities. (Res. 98-286 § 8)

15.24.090 Violations--Penalties.

A. As provided in Section 30-28-209, C.R.S., any person, firm or corporation violating any provision of the code is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment in the county jail for not more than ten (10) days, or both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered or remodeled, used or maintained in violation of any provision of the code, the Pueblo County District Attorney, the Pueblo County Board of Commissioners, or any owner of real estate within the area, in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus or abatement to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, remodeling, maintenance or use.

B. 1. Also, Section 30-28-210 provides that in addition to any penalties imposed pursuant to Section 30-28-209, any person, firm or corporation violating any such provision of the code may be subject to the imposition, by order of the County Court, of civil penalty in an amount of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00). It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this section, the remedies set forth in Section 30-28-209, or both. Each day after the issuance of the order of the County Court during which such unlawful activity continues shall be deemed a separate violation and shall in accordance with the subsequent provisions of this section, be the subject of a continuing penalty in an amount not to exceed fifty dollars ($50.00) for each such day. In no event shall civil penalties imposed pursuant to this section constitute a lien against the real property.

2. a. In the event any building or structure is erected, constructed, reconstructed, altered, maintained used in violation of any provision of the code, the County Attorney of the county in which such building or structure is situated, in addition to other remedies provided by law, may commence a civil action in County Court for the county in which such building or structure is situated, seeking the imposition of a civil penalty in accordance with the provisions of this section.

b. A building inspector designated by resolution of the Board of County Commissioners shall, upon personal information and belief that a violation of any provision of the code has occurred, give written notice to the violator to correct such violation within thirty (30) days after the date of such notice. If the violator fails to correct the violation within such thirty (30) day period or within any extension period granted by the building inspector, the building inspector may request that the Sheriff of the county or the County Attorney issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of such charge to the violator.

c. One copy of the summons and complaint issued pursuant to subdivision (2)(b) of this subsection shall be served upon the violator in the manner provided by law for the service of a County Court Civil Summons and Complaint in accordance with the Colorado rules of County Court Civil Procedure. The summons and complaint shall also be filed with the Clerk of the County Court and thereafter the action shall proceed in accordance with the Colorado Rules of County Court Civil Procedure.

d. If the County Court finds, by a preponderance of the evidence, that a violation of any provisions of the code has occurred, the Court shall order the violator to pay a civil penalty in an amount allowed pursuant to subsection (B)(1) of this section. Such penalty shall be payable immediately by the violator to the County Treasurer. In the event that the alleged violation has been cured or otherwise removed at least five days prior to the appearance date in the summons, then the County Attorney shall so inform the Court and request that the action be dismissed without fine or appearance of the defendant.

3. Upon the filing with the Court of a receipt issued by the County Treasurer showing payment in full of a civil penalty assessed pursuant to this section and upon the filing of an affidavit of the County Building Inspector that the violation has been cured, removed or corrected, the Court shall dismiss the action and issue a satisfaction in full of the judgement so entered.

4. If a receipt showing full payment of the civil penalty or the affidavit required by subsection (B)(3) of this section is not filed, the action shall continue and the Court shall retain jurisdiction to impose an additional penalty against the violator in the amount specified in subsection (B)(1) of this section. Such additional penalty shall be imposed by the Court upon motion filed by the county and proof that the violation has not been cured, removed or corrected. Thereafter, the action shall continue until the filing with the Court of a receipt issued by the County Treasurer showing payment in full of the civil penalty and any additional penalties so assessed and the filing of an affidavit of the County Building Inspector that the violation has been cured, removed or corrected. (Res. 98-286 § 11)

 

mitchellst@pue… Tue, 01/07/2020 - 12:43 PM

Chapter 15.32 - Building Department Administration and Contractor Licenses

Chapter 15.32 - Building Department Administration and Contractor Licenses

15.32.010 Adoption of the Building Department Administration and Contractor Licenses.

The following ordinance was adopted by the Pueblo City Council on March 26, 2018, is on file with the Clerk for the Board of Commissioners, and is adopted and incorporated by reference as part of the Pueblo County Building Code pursuant to C.R.S. §30-28-201:

Ordinance No. 9247, amending Chapter 1 of Title IV of the Pueblo Municipal Code relating to Building Department Administration and Contractor Licenses and providing penalties and remedies for the violation thereof. (Res. 18-146 § 1)

15.32.020 Title.

The ordinance and code adopted in this resolution shall be a part of and cited as the "Contractors Licenses and Administration Code," and are referred to in this resolution as "the Code." (Res. 18-146  § 2)

15.32.030 Purpose.

The purpose of the code is to establish uniform, county-wide licensing and administrative provisions for all contractors doing construction work in Pueblo County. The code is also to provide uniform licensing provisions and regulations for contractors consistent with and generally conforming to similar ordinances and regulations throughout the City of Pueblo. The Board of County Commissioners also intends to act with the City Council of the City of Pueblo to promulgate procedures and to establish boards of appeals as provided in the Code. (Res.  18-146 § 3)

15.32.040 Scope.

The provisions of the code and the other codes adopted by reference shall apply to the construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, use, storage, height, area, maintenance, installation, inspection, design, operation, testing, handling, erection and fabrication of equipment, structures and buildings within the County of Pueblo: except work located in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the code, and hydraulic flood control structures. Where in any specific case, different sections of the code, the county zoning resolution, or any other resolution of the county or other governmental body specify different requirements, the most restrictive provision shall govern. (Res. 18-146 § 4)

15.32.050 Exemption.

As provided in C.R.S. § 30-28-201(1), buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock or poultry are exempted from the code. All other provisions of the code shall apply to agricultural buildings and structures. (Res. 18-146 § 5)

15.32.060 Designated area.

The code shall apply to all unincorporated areas in Pueblo County. (Res. 18-146 § 6)

15.32.070 Change of city terms to county terms.

Whenever reference is made in the code, including the codes adopted by reference, to "City Council" this shall be construed to mean "County Commissioners." Whenever reference is made in the code to "ordinance," the same shall be construed to be "resolution." Whenever reference is made in the code to "City Clerk," the same shall be construed to be "County Clerk." Whenever reference is made in the code to "City" the same shall be construed to be "County." Whenever reference is made in the Code to "Municipal Court" the same shall be construed to be "County Court." Whenever reference is made to "City Public Works Department" the same shall be construed to be "County Public Works Department." (Res. 18-146 § 7)

15.32.080 Nonliability.

The adoption of the resolution codified in this chapter shall not create any duty to any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of said resolution or the code. No person, firm, corporation or other entity shall have any private right of action, claim or civil liability remedy against the County of Pueblo, the Pueblo Regional Building Department, or their commissions, boards of appeals, or officers, employees or agents of such bodies or entities, for any damage arising out of or in any way connected with the adoption, enforcement or nonenforcement of said resolution or the code. Nothing in said resolution or in the code 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, or to waive any immunities or limitations on liability otherwise available to the county of Pueblo or the Pueblo Regional Building Department, or their commissions, boards of appeals, or officers, employees or agents of such bodies or entities. (Res. 18-146 § 8)

15.32.090 Severability.

If any part, section, subsection, sentence, clause or phrase of this resolution or the code is held to be invalid, such decision shall not affect the validity of the remaining portions of this resolution or the code. (Res. 18-146 § 9)

15.32.100 Repeal.

All ordinances, resolutions, regulations and building codes of Pueblo County are repealed and superseded to the extent the same are inconsistent or in conflict with any term or provision of the code.  However, if the code, this resolution, or any part of either is declared invalid, so that after such declaration of invalidity a building code for any matter covered in the code shall not be in effect, the previous building or contractors licensing and administrative code covering the same matter shall not be deemed to have been repealed and shall be deemed reenacted and in effect. (Res. 18-146 § 10)

15.32.110 Violations.

As provided in C.R.S. § 30-28-209, any person, firm or corporation violating any provision of the Code is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $100, or by imprisonment in the county jail for not more than 10 days, or both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance, or use continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or remodeled, used, or maintained in violation of any provision of the Code, or amendment thereto and enacted or adopted by the Board of County Commissioners under the authority granted by C.R.S. §30-28-209, the Pueblo County Attorney, in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus, or abatement to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, remodeling, maintenance, or use. (Res. 18-146 § 11)

 

mitchellst@pue… Tue, 01/07/2020 - 12:47 PM

Chapter 15.36 - Electrical Appeal Board

Chapter 15.36 - Electrical Appeal Board

15.36.010 Established.

A Pueblo County Electrical Appeal Board, comprised of seven members, serving at the pleasure of the Board of County Commissioners, is established. (Res. 82-Z37 § 1)

 

 

mitchellst@pue… Tue, 01/07/2020 - 12:49 PM

Chapter 15.40 - Sign Board of Appeals

Chapter 15.40 - Sign Board of Appeals

15.40.010 Established--Terms--Membership.

The Sign Board of Appeals is established consisting of five members appointed by the city and the county acting as individual bodies but in agreement as provided by Paragraph 12 of the intergovernmental agreement dated August 10, 1981. The members shall be appointed for terms of three years, except that the initial terms shall be staggered as provided in the resolution codified in this chapter. Two members shall be sign contractors licensed to perform such work in Pueblo County, one member shall be a licensed engineer in Colorado, one member shall be a master or journeyman electrician and one member shall be a person knowledgeable generally of the building trades and of the several building codes. (Res. 98-451 § 1)

mitchellst@pue… Tue, 01/07/2020 - 12:50 PM

Chapter 15.44 - Contractor and Craftsman License Fees

Chapter 15.44 - Contractor and Craftsman License Fees

15.44.010 License fees.

Section 1.

Fees required to be paid pursuant to this Title 15 Building and Construction, in connection with any license, registration, examination, license application, plan review, building permit, plumbing permit, mechanical permit, electrical permit, inspection or reinspection, or otherwise required to be paid pursuant to said Title or any code adopted therein by reference, shall be determined and paid in accordance with the following schedule, and are subject to the additional conditions, if any, specified herein:

A. Annual Contractor License (or Registration Fees):

 1. Building “A” Contractor License $310.00
 2. Building “B” Contractor License  $260.00
 3. Building “C” Contractor License  $220.00
 4. Building “D” Contractor -- Single Trade License   $130.00
 5. Building “D” Contractor -- Wrecking License  $260.00
 6. Building “D” Contractor-- Moving License  $220.00
 7. Plumbing Processing Fee For Registration   $130.00
 8. Plumbing Utility Contractor (Sewer & Water Service Lines or Fire Mains)   $130.00 each
 9. Water Connected Appliance  $130.00
10 Mechanical “A” Contractor  $260.00
11 Mechanical “C” Contractor (Gas Fitter or Sheet Metal or Refrigeration) $130.00 each
12 Electrical Registration No Fee               
B. Annual Craftsmen License/Registration Fees:

1 Mechanical Master License $130.00
2 Stationary Engineer Registration  $130.00
3 Journeyman Gas Fitter Registration or License  $40.00
4 Journeyman Sheet Metal Worker License  $40.00
5 Journeyman Refrigeration License  $40.00
6 Mechanical Apprentice Registration  $40.00
C. Examination Fees:

1 Building “A” & “B” Contractor $100.00
2 Building “C” Contractor $70.00
3 Building ‘D” (Per Exam)  $50.00
4 Mechanical Contractor (Per Exam)  $50.00

D.         Renewal License and Registration Fees:

            1.         All licenses and registrations shall become delinquent on December31 of the year issued and shall be renewed annually upon application and payment of the required license or registration fee; subject, however, to the following limitations: the fee for any license or registration renewed after January 31 but on or before March 31 shall be one and one-half times the annual fee for such license; the fee for any license or registration renewed after March 31 but on or before May 31 shall be twice the annual license or registration fee for such license or registration. All required insurance coverage certificates shall be filed and approved before a license or registration is renewed. Any license or registration not renewed before May 31 of the year following its issuance shall thereupon expire and may not be renewed without examination, if examination was required upon issuance of the initial license.

          2.         No permit shall be issued to any unlicensed or non-registered person engaged in the construction business, or to any licensed or registered person who is delinquent in payment of his or her annual license or registration fee, or who has failed to comply with a provisional order, or whose license or registration is suspended or revoked, or who is in any manner indebted to the Department, or whose insurance has then expired.

E.         License Application Fees:

            1.         An application fee of $35.00 is required to be paid at the time the license application is submitted to the Pueblo Regional Building Department for review and acceptance. Upon review of the application, the applicant will be notified that either (a) the application cannot be accepted together with a statement of the reasons it cannot be accepted or, if additional information is required, identification of the necessary additional information, or (b) that the application has been accepted and the date or dates upon which examination for the license will be held.

F.       Plan Review Fees:

Plan review fees shall be charged as follows:
1. New one and two family dwellings 10% of the building permit fee
2. All other building and additions and alterations to existing buildings 50% of the building permit fee
3. Additional plan review required by changes, additions or revisions to approved plan $30.00 per hour

Review of plans by the Department is merely a code compliance review and not a structural or suitability review. Such review shall not relieve the designer, architect, engineer or contractor of responsibility for the structural integrity of the contemplated work or from compliance with all provision of all applicable codes.

All ground mount commercial solar projects are exempt from the above Plan Review Fees schedule.

G.         Building Permit Fees:

  1. General

           a.         Permits are issued only for work that is described or shown on approved plans or specifications.

           b.         Permits may not be issued until all required approvals have been received from other governing agencies.

           c.         Permit fees for all construction projects are based on total contract value, including but not limited to all building structure work, electrical, mechanical, and plumbing systems, and sprinkler work, finish work, overhead, material, labor and profit.  Subcontractors will be required to obtain a no-fee permit for their portion of the work.

         d.         If a contractor or subcontractor is changed from that indicated in the initial list provided before beginning the job, the Building Department shall be notified. If during the course of the job a contractor or subcontractor in which a permit has been issued to is changed, the new contractor or subcontractor will be required to obtain a minimum fee permit of $60.00

        e.         The Department may require the Contractor to file with the Department copies of its contracts with the owner of the work, and with any one or more subcontractors employed in the work.

        f.          A minimum fee of $30.00 shall be charged for all permits. If a permit is cancelled before any work is done, fees will be refunded except for an administrative service charge of $15.00

    2.   Residential

           a.         Permit fees for alterations and remodeling shall be based on the contract value. Permit fees are derived from Table B below.

           b.         The permit fees for all new construction and for additions to existing structures shall be calculated based upon the Total Valuation of the work in accordance with Table B below. The Total Valuation of the work shall be the aggregate of the value of all classifications of improvements based upon the square footage of the improvements and calculated in accordance with Table A below.

      3.  Manufactured Structures

          a.        Permit fees for all manufactured structures shall be calculated based upon the total valuation of the work in accordance with Table C.  The total valuation of the work shall be the aggregate of the valuation of all classification of improvement based upon the square footage of the improvements and calculated in accordance with Table B.

           b.         Certificates of Occupancy for manufactured structures may be obtained from the State of Colorado Division of Housing.

      4.   Commercial Structures:

            Permit fees shall be calculated based upon total contract valuation in accordance with Table B.

      5.  Sign, Moving and Wrecking permits:

            Permit fees shall be calculated based upon total contract valuation in accordance with Table B.

TABLE A

I. New Residences and Additions Thereto:
a.   All Finished Living area $73.93 Per square foot
b.   Basement, unfinished 12.50 Per square foot
c.   Finish existing basement 19.50 Per square foot
d.   Finished garden level or basement level 32.00 Per square foot
II. Manufactured/Modular Residence:
a.   Sitting of Manufactured Home $45.00 Per square foot
b.   Finished Basement 32.00 Per square foot
c.  Unfinished Basement 12.50 Per square foot
III. Garage and Accessory Structures:
a.   Detached garage $24.00 Per square foot
b.   Attached garage  22.00 Per square foot
c.   Carports - open on two or more sides 15.00 Per square foot
d.   Open patios or porches with roof 11.00 Per square foot
e.  Enclosed patio 25.00 Per square foot
f.   Deck 10.00 Per square foot
g.   Deck with roof 20.00 Per square foot

All permits valuations shall be adjusted annually by a modifier of 5% for 2015 and 2016.

TABLE B
TOTAL VALUATION PERMIT FEE
$1.00 to $500.00 $30.00
$501 to $2,000 $30.00 for the first $500.00 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.
$2,001 to $25,000 $60.00 for the first $2,000 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.
$25,001 to $50,000 $267.00 for the first $25,000 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.
$50,001 to $100,000 $429.50 for the first $50,000 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $100,000.
$100,001 to $500,000 $654.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 of fraction thereof, to and including $500,000.
$500,001 to $1,000,000 $2,054.50 for the first $500,000.00 plus $3.00 for each additional $1,000.00 or including $1,000,000
$1,000,001 AND UP $3,554.50 for the first $1,000,000.00 plus $2.00 for each additional $1,000.00 or fractions thereof.

All permits valuations shall be adjusted annually by a modifier of 5% for 2015 and 2016.

TABLE C

I. Residential Plumbing Only Permits:
a.   Sewer Connection $50.00 Each
b.   Water Connection   40.00 Each
c.   Lawn Sprinkler System   55.00 Each
II. Residential Mechanical Only Permits:
a.   Water Heater Replacement $40.00 Each
b.   Furnace Replacement  65.00 Each
c.  Furnace/AC Replacement  80.00 Each
d.  Gas Air Test  40.00 Each
III. Residential Electrical Only Permits:
a.   Upgrade/Replace Service $50.00 Each
b.   Solar PV Systems 290 Each
c.   A/C Hook up  40.00 Each

 H. Plumbing Permit Fees:

Plumbing permit fees shall be as follows:

On a project that is exclusively limited to plumbing work and does not otherwise require a building permit, the plumbing contractor shall obtain a plumbing permit and the fees shall be based on Table C for residential work listed.  All other plumbing permit fees shall be based on contract value and calculated in accordance with the building permit fee schedule of Table B.

I. Mechanical Permit Fees:

Mechanical permit fees shall be as follows:

On a project that is exclusively limited to mechanical work and does not otherwise require a building permit, the mechanical contractor shall obtain a mechanical permit and the fees shall be based on Table C for residential work listed.  All other mechanical permit fees shall be based on contract value and calculated in accordance with the building permit fee schedule of Table B.

J. Electrical Permit Fees:

Electrical permit fees shall be as follows:

On a project that is exclusively limited to electrical work and does not otherwise require a building permit, the electrical contractor shall obtain an electrical permit and the fees shall be  shall be based on Table C for residential work listed.  All other electrical permit fees shall be based on contract value and calculated in accordance with the building permit fee schedule of Table B.

K.  Miscellaneous Fees - 1, 2, and 4 shall be adjusted for the years of 2015 and 2016 by 5%.

1. For buildings required to be inspected for regulated use licensing, including but not limited to use for cabarets, hotels, motels, foster care, nursing homes or similar buildings, an inspection fee of $100.00 shall be paid.

2. Inspections conducted outside of normal office hours at the request of a permittee shall require payment of additional inspection fees of $ 75.00 per hour for inspectors’ time reasonably required in inspection for the work and travel to and from the site of the work, with a minimum fee based upon 2 hours per inspector.                  

3. Reinspection fee shall be $100.00.

4. There shall be no additional fee for issuance of the final Certificate of Occupancy. Partial, temporary or preliminary occupancy certificates shall be charged an additional fee as follows:

                       Residential Properties -- $10.00 per living unit up to 4 units

                       All other structures -- $25.00 per certificate.

5.  Elevator  inspection fees shall be $175.00.

L. Appeal fee shall be $100.00 per appeal.

M. Building Codes Applicable to City Buildings

Table B and Table C along with Miscellaneous Fees numbers 1, 2, and 4 shall be adjusted for the years of 2015 and 2016 by 5% unless the City Council and County Commissioners find that such increases are not required based on economic factors.

All codes referred to herein shall be applicable to buildings owned or occupied by the City of Pueblo, its departments, divisions and agencies. The City shall comply with the provisions of such codes including obtaining permits for all work performed and payment of permit fees.

Section 2.

Any prior resolution relating to fees charged by the Pueblo Regional Building Department is hereby rescinded and superseded by this Resolution.

Section 3.

This resolution shall become effective on November 1, 2013. (Res. 13-196, Res. 15-154)

mitchellst@pue… Tue, 01/07/2020 - 01:01 PM

Chapter 15.48 - Abatement of Dangerous Buildings

Chapter 15.48 - Abatement of Dangerous Buildings

15.48.010 Adoption of the Abatement of Dangerous Buildings and Amendments.

The following ordinances were adopted by the Pueblo City Council on November 23, 1998, and October 11, 2005, and are on file with the Clerk for the Board of Commissioners, and are adopted and incorporated by reference as part of the Pueblo County Building Code pursuant to C.R.S. §30-28-201:

Ordinance No. 6369 amending Title IV, of the Pueblo Municipal Code relating to dangerous buildings and adopting by reference the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition.


Ordinance No. 7384 amending Title IV, of the Pueblo Municipal Code relating to Dangerous Buildings and providing Penalties for the Violation Thereof. (Res. 06-28 § 1)

The following ordinance was adopted by the Pueblo City Council on May 28, 2013, is on file with the Clerk to the Board of Commissioners, and is adopted and incorporated by reference as part of the Pueblo County Building Code pursuant to C.R.S. § 30-28-201:

Ordinance No. 8598 amending Chapter 13, Title IV, of the Pueblo Municipal Code Relating to Building Department Administration and Contractor Licenses. (Res. 13-197 § 1)

15.48.020 Short Title.

The ordinance and code adopted in this resolution shall be a part of and cited as the "the Pueblo County Abatement Code" and are referred to in this resolution as "the Code." (Res. 06-28 § 2)

15.48.030 Purpose.

The purpose of the Code is to provide minimum standards to protect the public health and safety by controlling and regulating buildings, structures, and equipment including but not limited to electrical, plumbing, heating, ventilation, comfort cooling, refrigeration systems; signs and sign structures; elevators, dumbwaiters, and escalators; boilers and pressure vessels; plumbing and drainage systems; single and multiple dwellings; business and commercial buildings and structures; electrical conductors and equipment; and the storage and handling of hazardous materials in the County of Pueblo. The Code is also to provide uniform codes, consistent with and generally conforming to similar ordinances and regulations throughout the City of Pueblo. The Board of County Commissioners also intends to act with the City Council of the City of Pueblo to promulgate procedures and to establish boards of review as provided in the Code. (Res. 06-28 § 3)

15.48.040 Scope.

The provisions of the Code and the other codes adopted by reference shall apply to the construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, use, storage, height, area, maintenance, installation, inspection, design, operation, testing, handling, erection and fabrication of equipment, structures, and buildings within the County of Pueblo: except work located in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the Code, and hydraulic flood control structures. Where in any specific case, different sections of the Code, the County zoning resolution, or any other resolution of the County or other governmental body specify different requirements, the most restrictive provision shall govern. (Res. 06-28 § 4)

15.48.050 Exemption.

As provided in C.R.S. § 30-28-201(1), buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock, or poultry are exempted from the Code. All other provisions of the Code shall apply to agricultural buildings and structures. (Res.06-28 § 5)

15.48.060 Designated Area.

The Code shall apply to all unincorporated areas in Pueblo County. (Res. 06-28 § 6)

15.48.070 Changing City terms to County terms.

Whenever reference is made in the Code, including the codes adopted by reference, to "City Council," this shall be construed to mean "County Commissioners." Whenever reference is made in the Code to "ordinance," the same shall be construed to be "Resolution." Whenever reference is made in the Code to "City Clerk," the same shall be construed to be "County Clerk." Whenever reference is made in the Code to "City," the same shall be construed to be "County." Whenever reference is made in the Code to "Municipal Court," the same shall be construed to be "County Court." Whenever reference is made to City Public Works Department, the same shall be construed to be "County Public Works Department." (Res. 06-28 § 7)

15.48.080 Nonliability.

The adoption of this resolution shall not create any duty to any person, firm, corporation, or other entity with regard to the enforcement or nonenforcement of this resolution or the Code. No person, firm, corporation, or other entity shall have any private right of action, claim or civil liability remedy against the County of Pueblo, the Pueblo Regional Building Department, or their commissions, boards of review, or officers, employees or agents of such bodies or entities, for any damage arising out of or in any way connected with the adoption, enforcement or nonenforcement of this resolution or the Code. Nothing in this resolution or in the Code 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, or to waive any immunities or limitations on liability otherwise available to the County of Pueblo or the Pueblo Regional Building Department, or their commissions, boards of review, or officers, employees or agents of such bodies or entities. (Res. 06-28 § 8)

15.48.090 Severability.

If any part, section, subsection, sentence, clause or phrase of this resolution or the Code is held to be invalid, such decision shall not affect the validity of the remaining portions of this resolution or the Code. (Res.06-28 § 9)

15.48.100 Repeal.

All ordinances, resolutions, regulations and building codes of Pueblo County are repealed and superseded to the extent the same are inconsistent or in conflict with any term or provision of the Code. However, if the Code, this resolution, or any part of either is declared invalid, so that after such declaration of invalidity a building code for any matter covered in the Code shall not be in effect, the previous building or plumbing code covering the same matter shall not be deemed to have been repealed and shall be deemed reenacted and in effect. (Res. 06-28 § 10)

15.48.110 Violations.

As provided in C.R.S. § 30-28-209, any person, firm or corporation violating any provision of the Code is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $100, or by imprisonment in the county jail for not more than 10 days, or both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance, or use continues shall he deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or remodeled, used, or maintained in violation of any provision of the Code, or amendment thereto and enacted or adopted by the Board of County Commissioners under the authority granted by C.R.S. §30-28-209, the Pueblo County Attorney, in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus, or abatement to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, remodeling, maintenance, or use. (Res. 06-28 § 11)

 

mitchellst@pue… Tue, 01/07/2020 - 12:52 PM

Chapter 15.52 - Residential Code Adopted

Chapter 15.52 - Residential Code Adopted

15.52.010 Adoption of the 2015 International Residential Code.

The following ordinance was adopted by the Pueblo City Council on July 13, 2015, is on file with the Clerk for the Board of Commissioners, and is adopted and incorporated by reference as part of the Pueblo County Building Code pursuant to C.R.S. § 30-28-201:

Ordinance No. 8893, amending Chapter 6, Title IV, of the Pueblo Municipal Code relating to Building Regulations and adopting by reference the 2015 International Residential Code Relating to Building Regulations for One and Two Family Dwellings, and providing penalties and remedies for the violation thereof. (Res. 15-192 § 1)

15.52.020 Title.

The ordinance and code adopted in this Resolution shall be a part of and cited as the "Pueblo County Residential Code," and are referred to in this resolution as "the Code." (Res. 15-192 § 2)

15.52.030 Purpose.

The purpose of the Code is to provide minimum standards to protect the public health and safety by controlling and regulating buildings, structures, and equipment including, but not limited to electrical, plumbing, heating, ventilation comfort cooling, refrigeration systems; signs and sign structures; elevators, dumbwaiters, and escalators; boilers and pressure vessels; plumbing and drainage systems; single and multiple dwellings; business and commercial buildings and structures; electrical conductors and equipment; and the storage and handling of hazardous materials in the County of Pueblo. The Code is also to provide uniform codes, consistent with and generally conforming to similar ordinances and regulations throughout the City of Pueblo. The Board of County Commissioners also intends to act with the City Council of the City of Pueblo to promulgate procedures and to establish boards of review as provided in the Code. (Res. 15-192 § 3)

15.52.040 Scope.

The provisions of the Code and the other codes adopted by reference shall apply to the construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, use, storage, height, area, maintenance, installation, inspection, design, operation, testing, handling, erection, and fabrication of equipment, structures, and buildings within the County of Pueblo; except work located in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the Code, and hydraulic flood control structures. Where, in any specific case, different sections of the Code, the County zoning resolution, or any other resolution of the County or other governmental body specify different requirements, the most restrictive provision shall govern. (Res. 15-192 § 4)

15.52.050 Exemption.

As provided in C.R.S. § 30-28-201(1), buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock, or poultry are exempted from the Code. All other provisions of the Code shall apply to agricultural buildings and structures. (Res. 15-192 § 5)

15.52.060 Designated Area.

The Code shall apply to all unincorporated areas in Pueblo County. (Res. 15-192 § 6)

15.52.070 Changing City Terms to County Terms.

Whenever reference is made in the Code, including the codes adopted by reference, to "City Council," this shall be construed to mean "County Commissioners." Whenever reference is made in the Code to "ordinance," the same shall be construed to be "resolution." Whenever reference is made in the Code to "City Clerk," the same shall be construed to be "County Clerk." Whenever reference is made in the Code to "City," the same shall be construed to be "County." Whenever reference is made in the Code to "Municipal Court," the same shall be construed to be "County Court." Whenever reference is made to City Public Works Department, the same shall be construed to be "County Public Works Department." (Res 15-192 § 7)

15.52.080 Nonliability.

The adoption of this resolution shall not create any duty to any person, firm, corporation, or other entity with regard to the enforcement or nonenforcement of this resolution or the Code. No person, firm, corporation, or other entity shall have any private right of action, claim, or civil liability remedy against the County of Pueblo, the Pueblo Regional Building Department, or their commissions, boards of review, or officers, employees or agents of such bodies or entities, for any damage arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this resolution or the Code. Nothing in this resolution or in the Code 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, or to waive any immunities or limitations on liability otherwise available to the County of Pueblo or the Pueblo Regional Building Department, or their commissions, boards of review, or officers, employees or agents of such bodies or entities. (Res. 15-192 § 8)

15.52.090 Severability.

If any part, section, subsection, sentence, clause or phrase of this resolution or the Code is held to be invalid, such decision shall not affect the validity of the remaining portions of this resolution or the Code. (Res. 15-192 § 9)

15.52.100 Repeal.

All ordinances, resolutions, regulations and building codes of Pueblo County are repealed and superseded to the extent the same are inconsistent or in conflict with any term or provision of the Code. However, if the Code, this resolution, or any part of either is declared invalid, so that after such declaration of invalidity a building code for any matter covered in the Code shall not be in effect, the previous building or plumbing code covering the same matter shall not be deemed to have been repealed and shall be deemed reenacted and in effect. (Res. 15-192 § 10)

15.52.110 Violations.

As provided in C.R.S. § 30-28-209, any person, firm or corporation violating any provision of the Code is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $100, or by imprisonment in the county jail for not more than 10 days, or both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance, or use continues shall he deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or remodeled, used, or maintained in violation of any provision of the Code, or amendment thereto, and enacted or adopted by the Board of County Commissioners under the authority granted by C.R.S. §30-28-209, the Pueblo County Attorney, in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus, or abatement to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, remodeling, maintenance, or use. (Res. 15-192 § 11)

 

mitchellst@pue… Tue, 01/07/2020 - 12:54 PM

Chapter 15.54 - Addressing Standards Adopted

Chapter 15.54 - Addressing Standards Adopted

15.54.010 Numbering of Buildings Required.

It shall be the duty of all owners or occupants of all buildings situated in the unincorporated areas of Pueblo County to number them in the manner herein provided.  (Res. 11-105)

15.54.020 Number specifications; defacing.

Buildings shall have approved address numbers, building numbers, or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure.  (Res. 11-105)

15.54.030 Numbering System.

The address numbering system shall have a point of reference of First Street and Santa Fe Avenue in the City of Pueblo. From that point of reference, street numbers shall comply with the Pueblo City-County Addressing Standards, published May 2010, on file in the Office of the County Clerk, or as subsequently amended by resolution of the Board of County Commissioners. (Res. 11-105)

15.54.040 Naming of Streets and Roads.

As more fully described in Section IV. E. of the Standards, names will be assigned to prevent duplication and with due consideration for potential public safety implications. (Res. 11-105)

15.54.050 Exception.

Naming of streets and roads by Board of County Commissioners.                  

The Board of County Commissioners, after due consideration and application of the Standards herein, may exercise its discretion to name a street or road or approve the name of any road or street recommended by the Building Official in unincorporated Pueblo County upon notice given to the Building Official.  (Res. 11-105)

15.54.060 Official Responsible; Notice to Owner.

The street naming and numbering of properties shall be under the supervision and control of the Building Official.  The Building Official may consult with and receive advice and recommendations from any county department or other governmental entity when determining street names and addresses.  The Building Official is authorized and directed to notify the owner and occupant of any change of a building number.  Any person who is the owner or occupant of any building in the unincorporated areas of Pueblo County who shall fail, refuse or neglect, for the period of ten (10) days after notice upon him or her by an officer of the Pueblo County Sheriff’s Office, to number such building in accordance with such notice, shall be subject to a penalty as provided in Section 15.04.110 of this Code.  Such notice shall assign the proper number to be placed upon the building by the owner or occupant thereof and shall also give specific directions as to all requirements with respect to such numbering. (Res. 11-105)

15.54.070 Appeals and Authority of Board of Appeals.

The administration, structure, and scope of authority of the Board of Appeals as identified in Section 4-1-6 and Section 4-1-8 of the City Ordinance (as now or as may be amended) shall apply to any decision of the Building Official made pursuant to this Code Section. (Res. 11-105)

 

mitchellst@pue… Tue, 01/07/2020 - 12:56 PM

Title 16 - Subdivisions

Title 16 - Subdivisions
mitchellst@pue… Mon, 12/23/2019 - 01:02 PM

Chapter 16.04 - Introductory Provisions and Definitions

Chapter 16.04 - Introductory Provisions and Definitions

16.04.010 Title and short title.

    A. Title: A resolution establishing rules, regulations and standards governing the subdivision of land within the unincorporated area of the County, setting forth the procedure to be followed by the Board of County Commissioners and the Planning Commission in applying and administering these rules, regulations and standards, and setting forth the penalties for the violation thereof as established by the State of Colorado.

     B. Short Title. These regulations shall be known and may be cited as "The Pueblo County Subdivision Regulations."

16.04.020 Authority, jurisdiction, enforcement and penalty.

     A. The County is authorized by law to control the subdivision of all of the unincorporated land within the County limits by virtue of Chapter 28 of Title 30, Colorado Revised Statutes.

     B. Colorado Revised Statutes Section 30-28-133. The authority is more specifically defined as follows: 30-28-133, Subdivision regulations.

     (1) Every county in the State which does not have a county planning commission on July 1, 1971, shall create a county planning commission in accordance with the provisions of Section 30-28-103. Every county planning commission in the State shall develop, and the county commissioners shall adopt and enforce subdivision regulations for all land within the unincorporated areas of the county in accordance with this section not later than September 1, 1972. In the event the county commissioners of any county in the State have not adopted subdivision regulations on September 1, 1972, then and in such event the land use commission may promulgate such subdivision regulations for such areas of the county for which no subdivision regulations exist. Such subdivision regulations shall be in full force and effect, and enforced by the county commissioners. If at any time thereafter the Board of County Commissioners adopts its own subdivision regulations for land within the unincorporated areas of the county, such regulations shall be no less stringent than the regulations promulgated by the Colorado Land Use Commission under this subsection (1). All subdivision regulations, and all amendments thereto, adopted by a board of county commissioners shall be transmitted to the Colorado Land Use Commission.

     Any person, partnership or corporation intending to subdivide land as defined in Section 16.04.040 of these regulations shall submit plans and plats as required by and specified in these regulations to the Board of County Commissioners located as:

Pueblo County Courthouse

215 West 10th Street

Pueblo, Colorado  81003

for review and approval, as follows:

     All plans of streets or highways for public use, and all plans, plats, plots and re-plots of land laid out in subdivision or building lots, and the streets, highways, alleys or other portions of the same intended to be dedicated to a public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall be submitted to the Board of County Commissioners for review and subsequent approval, conditional approval, or disapproval. It shall not be lawful to record any such plan or plat in any public office unless the same shall bear thereon, by endorsement or otherwise the approval of the board of county commissioners and after review by the appropriate planning commission.

     C. Colorado Revised Statutes Section 30-28-110(4)(a) through (e) states:

 

30-28-110(4)(a) Regional planning commission approval, required when - recording (4)(a) Any subdivider, or agent of a subdivider, who transfers legal or equitable title or sells any subdivided land before a final plat for such subdivided land has been approved by the board of county commissioners and recorded or filed in the office of the county clerk and recorder is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars nor less than five hundred dollars for each parcel of or interest in subdivided land which is sold. All fines collected under this paragraph (a) shall be credited to the general fund of the county. No person shall be prosecuted, tried, or punished under this paragraph (a) unless the indictment, information, complaint, or action for the same is instituted prior to the expiration of eighteen months after the recordation or filing in the office of the county clerk and recorder of the instrume