ORDINANCE NO. 241

AN ORDINANCE TO AMEND TOWN OF DEER TRAIL ORDINANCE NO. 233 CONCERNING APPEALS OF NOTICES AND ORDERS ISSUED UNDER THE ORDINANCE TO THE DEER TRAIL BOARD OF TRUSTEES.

WHEREAS, Colorado Revised Statutes 31-15-401 gives to the governing body of each municipality the power and authority to pass and enforce all necessary police ordinances for the general welfare of the Town residents; to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease; and to declare what is a nuisance and to abate the same and to impose fines upon parties who may create or continue nuisances or suffer nuisances to exist; and

WHEREAS, Ordinance No. 233 was passed for such purposes and has been amended by Ordinance No. 236; and

WHEREAS, Section 4-2 of Ordinance 233 refers to the prohibition of junk in the Town of Deer Trail except for areas that may be “zoned” for such junk; and

WHEREAS, the Town of Deer Trail does not currently have zoning classifications and the reference to “zones” or “zoned” may confuse residents as to uses allowed in an area of Town;

            NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF DEER TRAIL, COLORADO:

            Section 1.        Amendment of Ordinance No. 233, Section 4

            Upon the adoption of this Ordinance, the first sentence of Section 4-2 shall be amended to state as follows:  “It shall be deemed a nuisance and unlawful to deposit, accumulate, store, keep, abandon, or to allow the deposit, accumulation, storage, keeping or abandonment of junk, including junked or inoperable motor vehicles, rubbish, debris, or scrap materials on private or public property within the Town.”  The remainder of the sentence, i.e. “in other than areas zoned for such deposits, accumulation, storage, or keeping of junk, rubbish, or debris,” shall be deleted.

            Section 2.        Validity

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

            Section 3.        Repeal

            Existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not affect or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

            Section 4.        Effective Date

                  This Ordinance shall take effect thirty days after passage and publication of the Ordinance as provided by law and shall be recorded in the Book of Ordinances, thereafter.

ADOPTED AND APPROVED this fourth day of September, 2007.

ATTEST:                                                                     TOWN OF DEER TRAIL, COLORADO

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Patti K. Owens, Town Clerk                                       James F. Johnson, Mayor