Code: Chapter 7


Health, Sanitation and Animals


Article 1 Administration and Abatement of Nuisances

Sec. 7-1-10 Purpose
Sec. 7-1-20 Definitions
Sec. 7-1-30 Inspection of properties
Sec. 7-1-40 Notice
Sec. 7-1-50 Action to abate a public nuisance
Sec. 7-1-60 Assessment and collection of costs of abatement
Sec. 7-1-70 Violations; penalties
Sec. 7-1-80 Author of nuisance

Article 2 Nuisances
Division 1 General Provisions
Sec. 7-2-10 Offensive trade or business
Sec. 7-2-20 Littering public or private property
Sec. 7-2-30 Offensive odors
Sec. 7-2-40 Blowing dust
Sec. 7-2-50 Offensive locations
Sec. 7-2-60 Offensive discharges
Sec. 7-2-70 Weed control
Sec. 7-2-80 Illuminated buildings or premises
Sec. 7-2-90 Offensive or unhealthy uses
Sec. 7-2-100 Obstruction of streets and alleys
Sec. 7-2-110 Defaced property
Division 2 Prevention of Environmental Blight
Sec. 7-2-210 Purpose
Sec. 7-2-220 Interpretation of definitions
Sec. 7-2-230 Causes of blight or blighting factors
Sec. 7-2-240 Definitions
Sec. 7-2-250 Buildings
Sec. 7-2-260 Parking lots
Sec. 7-2-270 Loose trash, rubbish or debris
Sec. 7-2-280 Landscaping
Sec. 7-2-290 Storage of trash
Sec. 7-2-300 Removal proceedings
Sec. 7-2-310 Recovery of expense of abatement
Sec. 7-2-320 Voluntary agreement
Sec. 7-2-330 Inspection of properties
Sec. 7-2-340 Landscape maintenance

Article 3 Trees and Shrubs
Sec. 7-3-10 Trees and shrubs on or extending over public property
Sec. 7-3-20 Trimming
Sec. 7-3-30 Nuisances regarding trees and shrubs
Sec. 7-3-40 Authority of Town regarding trimming or removal
Sec. 7-3-50 Rules and regulations
Sec. 7-3-60 Leaves, grass clippings, tree limbs or similar material

Article 4 Weed Control
Sec. 7-4-10 Definitions
Sec. 7-4-20 Duty to cut weeds
Sec. 7-4-30 Posting and notification
Sec. 7-4-40 Cost assessment
Sec. 7-4-50 Assessment objections
Sec. 7-4-60 Hearing and final assessment
Sec. 7-4-70 Undesirable Plant Management Advisory Commission

Article 5 Animals
Sec. 7-5-10 Definitions
Sec. 7-5-20 Penalty
Sec. 7-5-30 Running at large
Sec. 7-5-40 Impoundment
Sec. 7-5-50 Prohibited animals
Sec. 7-5-60 Number of animals
Sec. 7-5-70 Noisy dogs prohibited
Sec. 7-5-80 Poisoning prohibited
Sec. 7-5-90 Vicious dog or cat
Sec. 7-5-100 Impoundment
Sec. 7-5-110 Kennels
Sec. 7-5-120 Inoculation required
Sec. 7-5-130 Trapping unlawful

ARTICLE 1
Administration and Abatement of Nuisances

Sec. 7-1-10. Purpose.
It is the policy of the Town to promote the health, safety, morals, convenience, order, prosperity
and welfare of the present and future inhabitants of the Town and, therefore, the Town Council
declares that every public nuisance shall be unlawful and shall be restrained, prevented, abated and
enjoined. (Ord. 2007-4 §1)

Sec. 7-1-20. Definitions.
For purposes of this Chapter:
Agent means and includes any person acting on behalf of or in place of the owner.
Construction site means and includes all places at which construction or excavation operations
occur and from which trucks or other vehicles emerge from the site and carry onto or deposit in
any street or other public place any mud, dirt, sticky substance or other litter which causes a
hazard to automobile traffic or which otherwise causes a detriment to the health, safety or welfare
of the inhabitants of the Town.
Emergency includes any situation where there is imminent danger of loss of, or injury or
damage to, life, limb or property.
Graffiti means the defacing of public or private property by means of painting, drawing,
writing, etching or carving with paint, spray paint, ink, knife or any similar method without
written permission of the owner/property owner.
Junkyard means and includes all places used or maintained, or permitted to be used or
maintained, for the wrecking or disassembling of automobiles, trucks, tractors or machinery of any
kind; for the storing or leaving of worn-out, wrecked or abandoned automobiles, machinery of any
kind or any of the parts thereof; or for the storing or leaving of any machinery or equipment used
by contractors, builders or by other persons, when such places are kept in such manner as to
interfere with the comfortable enjoyment of life or property by others.
Litter means rubbish, waste material, refuse, garbage, trash, debris, excrement, urine, fishing
line, bait, chemical compound, petroleum product, automobile part or accessory, tire, wheel, junk,
paper, cardboard, can, lid, bottle, cap, carton, wrapper, box, plastic, cloth, metal, rubber, leather
object, hide, feathers, grass clippings, leaves, cut weeds, tree branches, bush clippings, building
materials, wood, port-o-potties, paint, concrete, sand, dirt, mud, gravel, stone, glass, asphalt, ashes,
cigarette, cigar, food product, solvent, dye, liquid except clean water, offal composed of animal
matter or vegetable matter or both, or any noxious or offensive matter whatever.
Public nuisance means and includes:
a. The conducting or maintaining of any business, occupation or activity prohibited by law;
b. The continuous or repeated conducting or maintaining of any business, occupation,
operation, activity, building, land or premises in violation of applicable law;
c. Any building, structure or land open to or used by the general public, the condition of
which presents a substantial danger or hazard to public health or safety;
d. Any unlawful pollution or contamination of any surface or subsurface waters in the
Town, of the air, or of any water, substance or material intended for human consumption;
e. Any activity, operation or condition which, after being ordered abated, corrected or
discontinued by a lawful order of a department or officer of the Town or the County, continues
to be conducted or continues to exist in violation of applicable law;
f. Any activity, operation, condition, building, structure, place, premises or thing which is
injurious to the health or safety of the citizens of the Town, or which is indecent or offensive to
the senses so as to interfere with the comfortable enjoyment of life or property; and
g. Any nuisance defined or declared as such by law.
Public place means and includes:
a. Any street, highway, public right-of-way, sidewalk, driveway, alley, church, school
building, school grounds, public building, library, fire station, park, parking lot or vacant land
in the Town;
b. The entire premises of any shopping center, restaurant, bar, store, service establishment,
service station, theater, auditorium or place of amusement, except any portion of the premises
reserved for the use of the owner or operator thereof or the employees of such owner or
operator and except any portion of the premises from which the general public is excluded in
the Town; and
c. Any lobby, corridor, elevator, stairway, public room, common room or recreation room
in a hotel, motel, office building or apartment building in the Town.
Slaughterhouse and rendering plant mean and include all places used or maintained, or
permitted to be used or maintained, for slaughtering animals, bone crushing, bone boiling, bone
rendering, bone burning, fat boiling, fat rendering, fat drying, gut cleaning or the making of glue,
for the manufacture of fertilizing materials of any kind or description from any dead animal or part
thereof, or for any boiling of offal, swill, fat or grease of any description when such places are
operated in an unclean or offensive manner, or when such places are operated so as to interfere
with the comfortable enjoyment of life or property by others.
Stagnant pond means and includes any cellar, vault, drain, sewer, pond of water or other place
in the Town that is noxious or offensive to others, or injurious to public health, through an
accumulation or deposition of noxious, offensive or foul water or other substances, or conducive
to the breeding of mosquitoes.
Storage operation means and includes all places at which the owner or occupant keeps or
stores, or permits to be kept or stored, any building materials, construction materials, paper, trash,
waste material or litter upon any property in such a manner as to cause a fire hazard or other
detriment to the health, safety or general welfare of the inhabitants of the Town, or in such a
manner that the stored materials may be blown or deposited upon any other public or private
property.
Trees and shrubs include all trees, shrubs, bushes and all other woody vegetation.
Weed means brush, natural or cultivated plants or grasses in excess of twelve (12) inches in
height and other vegetation grown in a rank or unsightly fashion and also includes, without
limitation, all noxious weeds as defined in Article 4 of this Chapter; but does not include flower or
vegetable gardens, cultivated or tended shrubbery or agricultural crops, including but not limited
to hay or grass grown for feed, fodder or forage. (Ord. 2007-4 §1)

Sec. 7-1-30. Inspection of properties.
(a) Authorized inspector. The Mayor or Police Chief may appoint and authorize any police
officer, building inspector, code enforcement officer or other official of the Town to inspect and
examine any public or private property in the Town for the purpose of ascertaining the nature and
existence of any nuisance.
(b) Right of entry.
(1) Whenever necessary to make an inspection to enforce any of the provisions of this Article
or whenever an authorized inspector has reasonable cause to believe that there exists in any
building or upon any premises any condition which constitutes a nuisance hereunder, such
inspector may enter such building or premises at all reasonable times to inspect the same or to
perform any duty imposed on him or her; provided, however, that if such building or premises is
occupied, such inspector shall first present proper credentials and request entry; and if such
building or premises is unoccupied, he or she shall first make a reasonable effort to locate the
owner, occupant or other person having charge or control of the building or premises, and, upon
locating the owner, occupant or other person, shall present proper credentials and request entry.
(2) If entry is refused, the authorized inspector shall give the owner or occupant, or, if the
owner or occupant cannot be located after a reasonable effort, shall leave at the building or
premises a written notice of intention to inspect not sooner than twenty-four (24) hours after the
time specified in the notice. The notice given to the owner or occupant or left on the premises
shall state that the property owner has the right to refuse entry and that in the event such entry is
refused, inspection may be made only upon issuance of a search warrant by the Municipal Court,
or by a judge of any other court having jurisdiction.
(3) The requirements of this Section shall not apply to public places, including privately
owned vacant land, which may be inspected by an authorized inspector at any time without notice.
(c) Search warrants. After the expiration of the twenty-four-hour period from the giving or
leaving of the notice required by Subsection (b) above, the inspector may appear before the Municipal
Court and, upon a showing of probable cause by written affidavit, shall obtain a search warrant
entitling him or her to enter the building or upon the premises. The Municipal Court shall have power
to issue search warrants upon a showing of probable cause as provided in this Section.
(d) Right of entry. Upon presentation of the search warrant and proper credentials, or possession
of the same in the case of an unoccupied building or premises, the inspector may enter into the
building or upon the premises using such reasonable force as may be necessary to gain entry.
(e) Probable cause for issuance of search warrant. For purposes of this Section, a determination
of probable cause will be based upon reasonableness, and if a valid public interest and reasonable
suspicion of violation justify the intrusion contemplated, then there is probable cause to issue a search
warrant. The person applying for such warrant shall not be required to demonstrate specific
knowledge of the condition of the particular structure or premises at issue in order to obtain a search
warrant, but must show some factual or practical circumstances that would cause an ordinarily
prudent person to act. It is unlawful for any owner or occupant of the building or premises to deny
entry to any inspector or to resist reasonable force used by an inspector, acting pursuant to this
Section.
(f) Right of entry – emergencies. Whenever an emergency exists in relation to the enforcement
of any of the provisions of this Chapter, an inspector, upon a presentation of proper credentials or
identification in the case of an occupied building or premises or possession of the credentials in the
case of an unoccupied building or premises, may enter into any building or upon any premises within
the jurisdiction of the Town.
(1) In the emergency, such inspector may use such reasonable force as may be necessary to
gain entry into the building or upon the premises.
(2) It is unlawful for any owner or occupant of the building or premises to deny entry to any
authorized inspector or to resist reasonable force used by the inspector acting pursuant to this
Section. (Ord. 2007-4 §1)

Sec. 7-1-40. Notice.
(a) The following notice shall be given prior to an order to abate a nuisance:
(1) Upon the discovery of any nuisance within the Town that poses an imminent danger of
damage or injury to or loss of life, limb, property or health, the authorized inspector shall post the
property in a conspicuous place, or notify in person, by telephone or in writing the author of the
nuisance, the property owner or the occupant, that such nuisance shall be abated in twenty-four
(24) hours or such less time as the inspector believes is reasonable.
(2) Upon the discovery of a nuisance on any public property within the Town, the nuisance
may be abated without prior notice to the author of the nuisance. However, if the nuisance is
caused by an individual who is covered by this Article, the Town shall post the property for which
the building permit was issued or notify in person, by telephone or in writing the author of the
nuisance, the property owner or occupant, the person designated in the application to receive
notice of a nuisance, or the permittee that the nuisance shall be abated within twenty-four (24)
hours or such less time as the inspector believes is reasonable.
(3) Upon the discovery of any nuisance on private property that is not described in Paragraph
(1) or (2) above, the inspector shall notify in person the author of the nuisance or the property
owner or occupant that the nuisance shall be abated within seven (7) days or such greater time as
the inspector believes is reasonable. If the person cannot be contacted or the property is vacant,
the inspector shall post the property. The inspector shall also send notice by certified mail to the
last known address of the property owner.
(b) In no event shall the notice required by this Section be required prior to the issuance of a
summons and complaint.
(c) Any written notice issued pursuant to this Section shall include the following:
(1) A description of the nuisance;
(2) When the nuisance must be abated;
(3) A statement that if the nuisance is not abated within the time specified, the nuisance may
be abated by the Town and the individual may be charged in Municipal Court for violating the
provisions of this Chapter;
(4) A statement that if the Town abates the nuisance, it shall be entitled to recover the actual
cost of abatement, which shall be based upon a schedule of costs prepared by the Town from time
to time, plus fifteen percent (15%) of the abatement cost for an administrative fee; and
(5) A statement that if the cost of abatement is not paid, a lien may be placed upon the
property.
(d) Failure to substantially comply with this notice provision shall not invalidate the proceedings.
(Ord. 2007-4 §1)

Sec. 7-1-50. Action to abate a public nuisance.
When a public nuisance has not been voluntarily abated within the time specified in the notice to
abate, the following procedure shall apply:
(1) If the owner or occupant fails to abate the nuisance in the time specified under Section 7-
1-40 above, then the Town may have the nuisance abated from the property without delay. If the
Town elects not to summarily abate the nuisance, it may bring an action in Municipal Court to
have the nuisance declared by the Municipal Court and for an order enjoining the nuisance and
authorizing its restraint, removal, termination or abatement.
(2) The action to declare and abate a public nuisance shall be brought by the Town in the
name of the people of the Town, by the filing of a complaint, which shall be verified or supported
by affidavit. Summonses shall be issued and served as in civil cases, and any employee of the
Town who is over the age of eighteen (18) may serve the summons and verified complaint upon
the owner, agent, occupant or the person who allowed the nuisance to be caused or to continue
(hereafter referred to as the “respondent”). Trial shall be to the court and the following procedures
shall apply:
a. A notice of appearance shall be served with the summons and complaint. The
appearance date shall be not less than twenty-one (21) days from the date of service of the
summons and complaint.
b. The respondent shall file a response on or before the appearance date set forth in the
notice of appearance.
c. Upon the date and at the time set for appearance, if the respondent has filed no response
and fails to appear and if the Town proves that proper service was made on the respondent at
least twenty-one (21) days prior to the appearance date, the Court may grant such orders as are
requested by the Town; except that the Court shall order that enforcement by the Town be
stayed for ten (10) days and that a copy of the Court’s order be mailed to the respondent at his
or her last known address. Failure to appear on any date set for trial shall be grounds for
entering a default and judgment thereon against a nonappearing party. For good cause shown,
and prior to enforcement, the Court may set aside an entry of default and the judgment entered
thereon.
d. Violation of any injunction or order issued by the Municipal Court in an action to abate a
public nuisance may be punished as a contempt of court or by a fine not to exceed three
hundred dollars ($300.00). Unless the violation by its nature cannot be corrected, each day’s
failure to comply with an injunction or order to abate shall constitute a separate violation for
which an additional penalty may be imposed.
e. The judgment of the Municipal Court shall be final, subject to appeal as provided by law.
(3) Within the time period specified in the notice to abate, the author of the nuisance or the
property owner or occupant may protest the findings of the inspector by filing a written notice of
protest with the Town Clerk. When a protest is filed, the Town shall bring an action in Municipal
Court before abating the nuisance. (Ord. 2007-4 §1)

Sec. 7-1-60. Assessment and collection of costs of abatement.
(a) The author of the nuisance or the property owner or occupant shall be liable for the actual
cost of abatement, which shall be based upon a schedule of costs prepared by the Town from time to
time, plus an administrative fee of fifteen percent (15%). The costs may be recovered as restitution in
a Municipal Court proceeding or in a separate civil action.
(b) If the costs of abatement are not otherwise collected, the Town shall prepare a statement
enumerating the actual costs of abatement and collection plus the fifteen-percent administrative fee.
Such costs shall be a first and prior lien upon the property relating back to the date upon which the
abatement was performed. A copy of the statement shall be deposited in the United States mail or
personally hand-delivered to the owner.
(c) The owner may request a hearing before the Town Council to contest the amount of the costs.
Such request must be made in writing and filed with the Town Clerk within thirty (30) days of the
date of mailing or service of the first statement to the owner. The owner shall be given written notice
of the date, time and place of any hearing scheduled before the Town Council at least fourteen (14)
days prior to such hearing, which notice shall be sent by United States mail, postage prepaid. The
decision of the Town Council shall be final.
(d) If the statement remains unpaid, the amount shall be certified by the County Treasurer. The
County Treasurer, upon receipt of the certified statement, is hereby authorized to place the amount
upon the tax list for the current year and to collect that amount in the same manner taxes are
collected, with a ten-percent penalty thereon. (Ord. 2007-4 §1)

Sec. 7-1-70. Violations; penalties.
(a) It is unlawful for any person:
(1) To create, operate, maintain or conduct any nuisance as defined in this Chapter; or
(2) To interfere with or prevent, or attempt to interfere with or prevent, the abatement of any
nuisance by the Town pursuant to this Chapter.
(b) Violations of this Chapter shall be punished upon conviction as follows:
(1) For a first violation, a fine of Fifty Dollars ($50.00).
(2) For a Second violation in any twelve-month period, a fine of One Hundred Dollars ($100.00)
(3) For a Third violation in any twelve-month period and for each subsequent violation
during such twelve-month period, a fine of One Hundred Fifty Dollars ($150.00).
(c) The Town also may seek an injunction, abatement, restitution or any other remedy to prevent,
enjoin, abate or remove the violation. Any remedies provided for herein shall be
cumulative, not exclusive, and in addition to any other remedies provided by law. Each and
every day during which any nuisance continues shall be deemed a separate offense.
(Ord. 89-1; Ord. 2007-4 §1) (Amended by Ord. 2010-9)

Sec. 7-1-80. Author of nuisance.
Any person who makes or causes any nuisance to exist shall be deemed the author of the nuisance.
Moreover, any person who has possession or control of any private ground or premises, whether he or
she is the owner of the property or not, where any nuisance exists or is found, shall be deemed the
author of the nuisance. (Ord. 2007-4 §1)

ARTICLE 2
Nuisances
Division 1
General Provisions

Sec. 7-2-10. Offensive trade or business.
Whenever the pursuit of any trade, business or manufacture or maintenance of any substance or
condition of things results in a condition detrimental to the health, safety or general welfare of the
inhabitants of the Town, such pursuit shall be deemed a nuisance and shall be abated. By way of
illustration, but not limitation, the pursuit of the following trades or businesses within the Town shall
constitute unlawful nuisances:
(1) Junkyards; provided, however, that nothing in this Article shall be deemed or construed to
prevent the Town from acquiring, operating and maintaining a facility for the storage of motor
vehicles, vehicles, boats, machinery or equipment;
(2) Slaughterhouses and rendering plants;
(3) Construction sites; and
(4) Storage operations. (Ord. 2007-4 §1)

Sec. 7-2-20. Littering public or private property.
It is unlawful and deemed a nuisance:
(1) For any person to deposit, throw or place any litter upon any public place, except in public
receptacles or authorized private receptacles.
(2) For any person, while an operator or passenger in any vehicle, to deposit, throw or place
any litter in or upon any public place, except in public receptacles and authorized private
receptacles.
(3) For any person to operate any truck, trailer or vehicle in such a manner that the load or any
portion of the content of such vehicle is blown or deposited in or upon any public place in the
Town.
(4) For any person to deposit, throw or place any papers, newspapers, handbills, letters,
samples or political literature in or upon any public place.
(5) For any person, except an authorized public employee or officer, or a person who has
previously obtained a permit to do so from the Town:
a. To post, place, glue, staple, nail, affix or attach any handbill, poster, placard, sign,
announcement or other painted or printed material upon or to any street, alley, sidewalk, lawful
sign, telephone pole, power pole or any public or private dwelling, store or other building or
fence within the Town without permission; or
b. To post, place, glue, affix or attach any handbill, poster, placard, announcement or other
painted or printed material in or upon any passenger automobile within the Town without
permission.
(6) For any person to deposit, throw or place any litter on any property or in any water in the
Town unless:
a. Such property is an area designated by law for the disposal of such material and such
person is authorized by the proper public authority to so use such property;
b. The litter is placed in a receptacle or container installed on such property for such
purpose;
c. Such person is the owner or occupant in lawful possession of such property or has first
obtained written consent of the owner or tenant in lawful possession; or
d. The act is done under the personal direction of the owner or lawful occupant of the
property and does not create a public nuisance.
(7) For any person to obstruct, litter or damage any public property in the Town. (Ord. 89-1;
Ord. 2007-4 §1)

Sec. 7-2-30. Offensive odors.
The following are deemed nuisances:
(1) Any animal or fowl enclosure in which any animal or fowl is kept, or any other place
within the Town in which manure or liquid discharges of such animals or fowls accumulates, and
which is maintained in an unsanitary condition, allowing an offensive odor to escape therefrom or
providing an insect or rodent attractant.
(2) Manure or any other organic material used on premises within the Town for fertilizing
purposes which becomes offensive in odor or to sight, becomes an attraction to insects or rodents
or otherwise creates an unsanitary condition.
(3) Any buildings or premises which become offensive in odor, offensive to sight or create an
unsanitary or hazardous health condition. (Ord. 2007-4 §1)

Sec. 7-2-40. Blowing dust.
It is unlawful and deemed a nuisance for the owner or occupant of any property within the Town
to maintain such lot or vacant land in such a manner that permits dust, soil or sand to be deposited on
other property or upon or within any public street, public highway or public way. (Ord. 89-1; Ord.
2007-4 §1)

Sec. 7-2-50. Offensive locations.
It is unlawful and deemed a nuisance:
(1) For any person to maintain or permit on property owned by that person in the Town:
a. Stagnant ponds;
b. Excavations exceeding five (5) feet in depth, cisterns and wells or an excavation used for
storage of water, unless the same are adequately covered with a locked lid or other covering
weighing at least sixty (60) pounds or are securely fenced with a solid fence with a height of at
least five (5) feet; or
c. Any unclean, leaking, foul, unsafe, dangerous, defective or filthy drain, ditch, trail or
gutter, or any leaking or broken slop, garbage, manure box or receptacle of like character.
(2) For any person to keep, collect, use, cause to be kept, collected or used, or permit to be
kept or used, in the Town, any stale, putrid or stinking fat, grease or other matter.
(3) For any person to deposit in or throw into, or permit to be deposited in or thrown into, any
sewer, sewer inlet or privy vault that shall have a sewer connection, any article whatsoever that
could cause such sewer, sewer inlet or privy vault to overflow, back up or otherwise become
noxious or offensive to others or injurious to public health, safety or welfare. (Ord. 89-1; Ord.
2007-4 §1)

Sec. 7-2-60. Offensive discharges.
It is unlawful and deemed a nuisance:
(1) For any person to discharge out of or from, or permit to flow from, any house or place in
the Town, any foul or noxious liquid or substance of any kind whatsoever into or upon any
adjacent ground or lot, or into any street, alley or public place in the Town.
(2) For any person to permit the leakage of twenty-five (25) gallons or more of liquid fuel
products into the environment from any tank, line or delivery vehicle, which constitutes a danger
to the health, safety and welfare of the general public and the citizens of the Town:
a. To aid in preventing the leakage of liquid fuel products, the owner, station manager or
leaseholder, as operator of each underground liquid fuel installation located in the Town, shall
cause to be posted in a conspicuous place at such installation a true copy of the Colorado Oil
Inspection Regulations Concerning Instruction Requirements for Leak Detection.
b. Such owner, station manager or leaseholder, as operator, shall also maintain and
reconcile accurate daily inventory records on all underground liquid fuel tanks for indication of
possible leakage from tanks or piping.
(3) For any person to apply or use any herbicide, pesticide, insecticide, rodenticide,
disinfectant, fumigant or other harmful chemical, gas or vapor upon his or her property in such a
manner that the harmful chemical, gas or vapor leaches, escapes, migrates or flows from his or her
property and deposits in or on any other property. (Ord. 2007-4 §1)

Sec. 7-2-70. Weed control.
(a) It is unlawful and deemed a nuisance for the owner, agent or occupant of any property to
permit weeds to grow on such property to a height of more than twelve (12) inches.
(b) Weeds in excess of twelve (12) inches shall be cut or controlled so that they are no more than
four (4) inches in height. Weeds shall be controlled by cutting, spraying or other lawful and suitable
method of weed control.
(c) The Town Council may, by resolution, exempt certain areas in the Town, whether publicly or
privately owned, from this Section, if the Town Council determines that such areas are natural open
space, natural parks, conservation areas, erosion control areas, agricultural zoned property or
irrigation or drainage ditch rights-of-way. (Ord. 2006-8 §1; Ord. 2007-4 §1)

Sec. 7-2-80. Illuminated buildings or premises.
It is unlawful and deemed a nuisance for any person in the Town to allow any building or
premises to be illuminated in such a manner that is offensive, interferes with the comfortable
enjoyment of life or property of others, or is otherwise a detriment to the public health, safety or
welfare. (Ord. 2007-4 §1)

Sec. 7-2-90. Offensive or unhealthy uses.
(a) No building, vehicle, structure, receptacle or other thing shall be used, made, kept,
maintained or operated in the Town, if the use, keeping, maintaining or operation of the same shall
causes any nuisance, danger or detriment to the public health.
(b) Every other act or thing done, made, committed, allowed or continued on any public or
private property or place by any person which is detrimental to health, offensive to sight, smell or
hearing, or causes damage or injury to any of the inhabitants of the Town, and not otherwise specified
in this Article, is deemed a nuisance. (Ord. 2007-4 §1)

Sec. 7-2-100. Obstruction of streets and alleys.
No person shall, in any manner, obstruct any street, alley or public place in the Town or place any
material of any nature whatsoever thereon or therein without a written permit so to do as above
provided, and in no case shall such obstruction or any hole or excavation be allowed to be placed in
or upon any street or alley for a longer period than twenty-four (24) hours and without providing
railings on all sides thereof, with at least two (2) lights placed on either side thereof. (Ord. 89-1)

Sec. 7-2-110. Defaced property.
(a) All property defaced by graffiti which is visible to public view is hereby declared to be a
public nuisance and, in the interest of public health, safety, morals and general welfare, shall be
abated as set forth in this Section.
(b)Abatement. Whenever any graffiti is found, the Town may order the occupant or owner
of the property upon which the graffiti exists, at his or her own expense, to remove or correct
the same within twenty-four (24) hours or such period in excess of twenty-four (24) hours as
designated in writing by the Town. If the occupant or owner does not comply with the Town
order, the Town may cause the graffiti to be removed or corrected, and all expenses incurred
thereby shall be paid by the occupant or owner and may be recovered by the Town in an
action against the occupant and/or owner as provided in this Article. (Ord. 2007-4 §1)

Sec. 7-2-120. Disruptive_dwelling.
(a) Definitions. For purposes of this Section the following terms shall have the
following meanings:
Dwelling means any single-family, multi-family or two-family attached dwelling, as
such terms are defined by Section 16-1-90.
Excessive noise means any sound emanating from a dwelling that annoys or disturbs
humans or that causes or tends to cause an adverse psychological effect on humans
and that is the subject of a complaint formally lodged with law enforcement officials
that results in the issuance of a summons and complaint pursuant to Chapter 10,
Article 13, or Section 10-5-10, of this Code to any person at the dwelling
(b) It is unlawful and deemed a nuisance to keep or maintain a dwelling in a
condition or manner that generates excessive noise on more than two (2) occasions
within any period of one hundred eighty (180) days.
Division 2
Prevention of Environmental Blight

Sec. 7-2-210. Purpose.
It is hereby found and declared that certain areas of the Town have or may become blighted, with
consequent impairment of taxable values upon which, in part, municipal revenues depend; that such
blighted areas are detrimental or inimical to the health, safety, morals and general welfare of the
citizens and to the economic welfare of the Town; that in order to improve and maintain the general
character of the Town, it is necessary to rehabilitate such blighted areas; that the purposes of this
Article are to rehabilitate such areas by eliminating blight and blighting factors within such areas for
the protection of the health, safety, morals and general welfare of the Town, to preserve existing
values or other properties within or adjacent to such areas; and the necessity in the public interest for
provisions herein set forth is hereby declared as a matter of legislative determination to be a public
purpose and a public use. (Ord. 89-1)

Sec. 7-2-220. Interpretation of definitions.
In the interpretation of the definitions set forth in this Chapter, it is the expressed intent of the
Town Council that said definitions be liberally constructed to include like matters, materials, objects
or substances, whether or not the same are specifically identified. It is further the expressed
legislative intent of the Town Council that the definitions not be considered mutually exclusive, and
that in the interpretation of said definitions, it is recognized that any substance, material or object may
constitute litter, trash, garbage or junk at the same time. Liberal construction of said definitions is
deemed necessary by the Town Council in order to fulfill the public purpose of this Article, which is
to ensure that the Town is maintained in a clean, healthy and attractive condition by eliminating all
outside storage or garbage, trash and junk and related matters, objects or materials as set forth in this
Chapter. (Ord. 89-1)

Sec. 7-2-230. Causes of blight or blighting factors.
(a) It is hereby determined that the following uses, structures and activities are causes of blight or
blighting factors which, if allowed to exist, will tend to result in blighted and undesirable
neighborhoods. It shall be unlawful for any person to maintain or permit to be maintained any of the
following causes of blight or blighting factors upon any property in the Town owned, leased, rented
or occupied by such person:
(1) In any area zoned for residential purposes, the outside, uncovered storage upon any
property or building materials, unless there is in force a valid building permit issued by the Town
for construction of a new or modification of an existing structure upon said property, and said
materials are intended for use in connection with such construction or modification. Building
materials may be stored inside an enclosed building or may be stacked and covered in the rear of
any residentially zoned property, out of view from any adjoining street or alley, whether or not a
building permit is in force. Building materials shall include, but shall not be limited to, lumber,
bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating
ducts or equipment, shingles, mortar, concrete or cement, nails, screws or any other materials used
in constructing or modifying any structure.
(2) In any area zoned for residential purposes, the outside storage or accumulation of junk,
trash, rubbish, boxes, weeds, grass clippings or refuse of any kind. Domestic refuse stored in a
closed container in such a manner as not to create a nuisance for a period not to exceed ten (10)
days shall be exempt from this Section. The term junk shall include parts of machinery or motor
vehicles, unused stoves or appliances stored in the open, remnants of wood, metal, plastic or any
other material of any kind, whether or not the same could be put to any reasonable use.
(3) In any area zoned for residential purposes, the existence of any vacant dwelling, garage or
other outbuildings unless said structures are kept securely locked, windows kept glazed or neatly
boarded up, or otherwise protected to prevent entry thereto by the elements or unauthorized
persons.
(b) The causes of blight or blighting factors set forth in Paragraphs (a)(1), (2) and (3) above as
applicable to areas zoned for residential purposes are hereby determined to be causes of blight or
blighting factors and subject to the prohibitions of this Article if located in areas zoned for other than
residential purposes, unless such uses of property are incidental to and necessary for the carrying out
of any business or occupation lawfully being carried on upon the property in question and expressly
permitted by the applicable zoning district. (Ord. 89-1)

Sec. 7-2-240. Definitions.
In the interpretation of anti-blight regulations relating to multi-family residential and
nonresidentially zoned areas, the following definitions shall apply, in addition to all regulations
contained in Sections 7-2-220 and 7-2-230 above:
Center means a group of two (2) or more commercial establishments that are planned,
developed, owned or managed as a unit, related in location, size and type, or establishments to be
the service area or the unit. A center provides on-site parking in definite relationship to the types
and sizes of establishments.
Commercial establishments means any building or structure used for nonresidential purposes,
including but not limited to office, retail, service and/or industrial buildings or structures.
Complex means a group of two (2) or more multi-family buildings that are planned, developed,
owned or managed as a unit.
Multi-family building means any building or structure containing more than one (1) dwelling
unit as defined in Chapter 16 of this Code.
Parking lot means all areas set aside or designed for the parking of motor vehicles or the
loading or unloading of motor vehicles on the premises of or in conjunction with a center or
complex, and including all driveways, aisle ways or other areas supplementary thereto.
Proprietor means every owner, lessee, tenant or any other person having the right to possession
of all or a portion of a center, commercial establishment, complex or multi-family building.
Where more than one (1) such person shall have such right to possession, all shall be jointly and
severally obligated by the terms of this Article. (Ord. 89-1)

Sec. 7-2-250. Buildings.
The exteriors of all commercial establishments or multi-family buildings located in any center or
complex shall be maintained so as to present a neat and orderly appearance. Windows shall be kept
in repair, painted surfaces kept painted and all other appropriate measures taken properly to maintain
the building. Where buildings within a center or complex are owned by separate entities, the
obligations of this Section shall fall only upon those persons responsible for the particular buildings
involved. Failure of a proprietor to comply with the requirements of this Section is hereby
determined to be a cause of blight and subject to enforcement under Sections 7-2-300 through 7-2-
320, inclusive, below. (Ord. 89-1)

Sec. 7-2-260. Parking lots.
All cracks, potholes or other breaks in the parking lot surface shall be filled and repaired promptly
by the proprietor, who shall take all other necessary steps to ensure that the parking lot will be
reasonably available for use by the public. Failure of a proprietor to comply with the requirements of
this Section is hereby determined to be a cause of blight and subject to enforcement under Sections 7-
2-300 through 7-2-320 below. (Ord. 89-1)

Sec. 7-2-270. Loose trash, rubbish or debris.
A proprietor shall be responsible for seeing to it that the premises of the center, commercial
establishment, complex or multi-family building, including the parking lot and specifically including
that part of any street right-of-way adjoining the premises and outside the curbline, are kept free of
junk, trash, rubbish, debris or refuse of any kind. The proprietor shall see to it that the premises are
cleaned of such debris and refuse at least each day and take all reasonable steps to provide containers
for discards and to order his or her employees and tenants and encourage the public to use them.
Failure of a proprietor to comply with the requirements of this Section is hereby determined to be a
cause of blight and subject to enforcement under Sections 7-2-300 through 7-2-320 below. (Ord. 89-1)

Sec. 7-2-280. Landscaping.
The proprietor shall maintain any landscaping on his or her premises, including ensuring that all
plant materials are adequately irrigated, all lawns are mowed regularly, shrubs are appropriately
trimmed, noxious weeds are eliminated and dead or diseased plantings removed and replaced. Failure
of a proprietor to comply with the requirements of this Section is hereby determined to be a cause of
blight and subject to enforcement under Sections 7-2-300 through 7-2-320 below. (Ord. 89-1)

Sec. 7-2-290. Storage of trash.
(a) Any commercial type of trash dumpster which is located in any residential area and which
has an interior storage area of two (2) cubic yards or more must be kept in an enclosed area, and must
not be visible from any public roadway.
(b) No trash, garbage, litter or junk may be stored on any public right-of-way at any time.
(c) Location for trash removal.
(1) All trash that is temporarily placed outside for removal by a trash removal service shall be
placed next to, but not on, the alley side of the property. This Paragraph shall not apply to any
property that does not abut an alley which adjoins that property.
(2) Where any property adjoins an alley, all trash removal services shall pick up all trash on
the alley side of that property.
(3) For purposes of this Section, trash removal service shall mean any person, corporation,
company or private enterprise which is engaged in the process of removing any type of trash as
defined in Section 7-2-220 of this Article. (Ord. 89-1; Ord. 92-14; Ord. 2007-4 §1)

Sec. 7-2-300. Removal proceedings.
(a) Notice of abatement. The authorized inspector as provided by Section 7-2-330 below, upon
the discovery of any nuisance on public or private property in the Town, shall notify the owner or
occupant of such property in writing, requiring the owner or occupant of the property to remove and
abate from the property the thing or things therein described as a nuisance within the time specified in
the notice. The time for abatement of a nuisance posing an imminent danger of loss of life, limb,
property or health shall not exceed one (1) day. As to other nuisances, the reasonable time for
abatement shall not exceed seven (7) days unless it appears from the facts and circumstances that
compliance could not reasonably be made within seven (7) days or that a good faith attempt at
compliance is being made. The written notice of abatement shall be served by the authorized
inspector of the Town by delivering a copy thereof to an owner or occupant, over the age of eighteen
(18) years, of the property described in the notice, or if the property is unoccupied and the owner is a
nonresident, then by mailing a notice to his or her last known address as reflected in the Jefferson
County real estate records.
(b) Contents of notice. Any notice issued pursuant to the provisions of this Chapter to the owner,
agent or occupant of property in which a nuisance is discovered shall describe the condition that is a
nuisance and the time in which the condition is to be removed and abated from the property; and
contain a statement that a summons and complaint will be issued if the nuisance is not abated within
the period of time specified in the notice.
(c) Abatement after notice. When a public nuisance has not been voluntarily abated within the
time specified in the notice to abate pursuant to Subsection (a) above, the following procedures shall apply:
(1) The Town may proceed to have the nuisance described in the notice without delay; if the
Town elects not to summarily abate the nuisance, it may bring an action in Municipal Court to
have the nuisance declared as such by the Court and for an order enjoining the nuisance and
authorizing its restraint, removal, termination or abatement.
(2) The action to declare and abate a public nuisance shall be brought by the Town in the
name of the people of the Town, by the filing of a complaint, which shall be verified or supported
by an affidavit. Summonses shall be issued and served as in civil cases, and any employee of the
Town who is over the age of eighteen (18) may serve the summons and verified complaint upon
the owner, agent, occupant or the person who allowed the nuisance to be caused or to continue
(hereafter referred to as the respondent). Trial shall be to the Court.
a. A notice of summons shall be served with the summons and complaint. The appearance
date shall be not less than twenty-one (21) days from the date of service of the summons and
complaint. The trial shall be held upon the appearance date, unless the Court grants a
continuance for good cause shown.
b. The respondent shall file a response on or before the appearance date set forth in the notice of appearance.
c. Upon the date and at the time set for appearance and trial, if the respondent has filed no
response and fails to appear and if the Town proves that proper service was made on the
respondent at least twenty-one (21) days prior to the appearance date, the Court may grant such
orders as are requested by the Town; except that the Court shall order that enforcement by the
Town be delayed for ten (10) days and that a copy of the Court’s order be mailed to the
respondent at his or her last known address. Failure to appear on any day set for trial shall be
grounds for entering a default and judgment thereon against a nonappearing party. For good
cause shown, and prior to enforcement, the Court may set aside an entry of default and the
judgment entered thereon.
d. Any violation of any injunction or order issued by the Municipal Court in an action to
abate a public nuisance may be punished as a contempt of court or by a fine not to exceed three
hundred dollars ($300.00). Unless the violation by its nature cannot be corrected, each day’s
failure to comply with an injunction or order to abate shall constitute a separate violation for
which an additional penalty may be imposed.
e. The judgment of the Municipal Court may be appealed to the district court.
(d) Abatement without notice. Any nuisance located or found in or upon any street, avenue,
alley, sidewalk, highway, public right-of-way, public grounds, park, recreation facility or public
property in the Town may be abated by the Chief of Police or his or her designated representative
without notice. (Ord. 89-1; Ord. 95-4 §2)

Sec. 7-2-310. Recovery of expense of abatement.
Upon the expiration of the period of notice provided in Subsection 7-2-300(a) above, or at any
time thereafter, if the nuisance has not been abated on the property described in such notice, the Town
may enter upon such property or obtain a court order and abate the nuisance pursuant to the
provisions of this Chapter. Actual costs of abatement, including five percent (5%) for inspection, a
minimum fee assessment of twenty-five dollars ($25.00), other incidental costs in connection
therewith and Municipal Court costs, shall be assessed upon the lots or tracts of land in the Town
upon which such nuisance is abated. Every such assessment shall be a lien in the amount assessed
upon such lot or tract of land until paid, and shall have priority over all other liens, except general
taxes and prior special assessments. In case any assessment is not paid within thirty (30) days after
the same has been certified to the Town Clerk by the Town Council, the Town Clerk shall then be and
is hereby authorized to certify to the County Treasurer the list of all delinquent assessments, giving
the name of the owner as it appears of record, the number of the lot, block and subdivision or other
legal descriptions sufficient to identify such property upon the records of said County Treasurer, and
the amount of the assessment. The County Treasurer, upon the receipt of such certified list, is hereby
authorized to place the same upon the tax list for the current year and to collect the assessment in the
same manner as other taxes are collected, with a ten-percent penalty thereon; and all the laws of the
State for the assessment and collection of general taxes, including the laws for the sale of property for
taxes and the redemption thereof, shall apply to and have full force and effect for the collection of
such assessments. (Ord. 89-1; Ord. 95-4 §4)

Sec. 7-2-320. Voluntary agreement.
Any owner of any property upon which any of the causes of blight or blighting factors, as set forth
in this Article, is found to exist, may enter into a written agreement with the Town through the Town
Council to have the Town eliminate or remove the causes of blight or blighting factors, and to have
the Town charge the cost of said removal or elimination against the property as a lien. The execution
of such an agreement shall be at the sole discretion of the Town and shall include as costs all
administrative costs and expenses. (Ord. 89-1)

Sec. 7-2-330. Inspection of properties.
(a) Authorizing inspector. The Mayor and the Town Council shall have the power and authority
to appoint and authorize any police officer, building inspector, zoning enforcement officer or other
officer of the Town to inspect and examine any public or private property in the Town for the purpose
of ascertaining the nature and existence of any nuisance.
(b) Right of entry generally. Whenever necessary to make an inspection to enforce any of the
provisions of this Chapter, or whenever an authorized inspector has reasonable cause to believe that
there exists in any building or upon any premises any condition which constitutes a nuisance
hereunder, such inspector may enter such building or premises at all reasonable times to inspect the
same or to perform any duty imposed on him or her; provided, however, that if such building or
premises is occupied, such inspector shall present proper credentials and request entry; and if such
building or premises is unoccupied, he or she shall first make a reasonable effort to locate the owner,
occupant or other person having charge or control of the building or premises and, upon locating the
owner, occupant or other person, shall present proper credentials and request entry. If entry is
refused, or if such occupant cannot be located after a reasonable effort, he or she shall leave at the
building or premises a written notice or intention to inspect not sooner than twenty-four (24) hours
after the time specified on the notice. The notice given to the owner or occupant or left on the
premises shall state that the property has the right to refuse entry and that, in the event such entry is
refused, inspection may be made only upon issuance of a search warrant by a Municipal Judge, or by
a judge of any other court having jurisdiction. The requirements of this Section shall not apply to
public places, including privately owned vacant land, which may be inspected by an authorized
inspector at any time without notice.
(c) Search warrants. After the expiration of the twenty-four-hour period from the giving or
leaving of such notice, the authorized inspector may appear before any Municipal Judge and, upon a
showing of probable cause by written affidavit, shall obtain a search warrant entitling him or her to
enter the building or upon the premises. Upon presentation of the search warrant and proper
credentials, or possession of the same in the case of an unoccupied building or premises, the
authorized inspector may enter into the building or upon the premises using such reasonable force as
may be necessary to gain entry.
(d) Probable cause. For purposes of this Section, a determination of probable cause will be
based upon reasonableness and, if a valid public interest and reasonable suspicion or violation
justifies the intrusion contemplated, then there is probable cause to issue a search warrant. The
person applying for such warrant shall not be required to demonstrate specific knowledge of the
condition of the particular structure or premises in order to obtain a search warrant, but must show
some factual or practical circumstances that would cause an ordinary prudent person to act. It is
unlawful for any owner or occupant of the building or premises to deny entry to any authorized
inspector or to resist reasonable force used by an authorized inspector, acting pursuant to this Section.
(e) Right of entry in emergencies. Whenever an emergency situation exists in relation to the
enforcement of any of the provisions of this Chapter, an authorized inspector, upon a presentation of
proper credentials or identification in the case of an occupied building or premises, or possession of
the credentials in the case of an unoccupied building or premises, may enter into any building or upon
any premises within the jurisdiction of the Town.
(1) In the emergency situation such authorized inspector may use such reasonable force as
may be necessary to gain entry into the building or upon the premises.
(2) For purposes of this Subsection, an emergency situation includes any situation where there
is imminent danger of loss of, or injury or damage to, life, limb or building or property. It is
unlawful for any owner or occupant of the building or premises to deny entry to any authorized
inspector or to resist reasonable force used by the authorized official acting pursuant to this
Section.
(f) Search warrants; jurisdiction of Municipal Court. Any Municipal Judge shall have power to
issue a search warrant upon a showing of probable cause as provided in Subsections (c) and (d)
above. (Ord. 89-1; Ord. 2007-4 §1)

Sec. 7-2-340. Landscape maintenance.
The owner or occupant of any developed lot shall maintain all landscaping installed on the lot by
weeding, pruning and mowing of plant materials and by removal of all dead plant material. The
determination that maintenance has not been adequate shall be made by the Police Chief or his or her
designee, who shall consider the following criteria in making his or her determination:
(1) Whether the maintenance of the landscaping, or the absence thereof, is in keeping with the
character of the neighboring residences or business or commercial development;
(2) Whether the maintenance of the landscaping, or the absence thereof, may pose a fire
hazard; and
(3) Whether the maintenance of the landscaping, or the absence thereof, may for any reason
pose a danger to the health, welfare or safety of the general public. (Ord. 99-3 §1)

ARTICLE 3
Trees and Shrubs

Sec. 7-3-10. Trees and shrubs on or extending over public property.
(a) No person, firm, company or corporation, being the owner or in possession of or exercising
any control, as agent or otherwise, over any property abutting on any sidewalk, park, parking, street,
alley or public place, shall knowingly permit, allow or suffer any dead trees, or any protruding roots,
dead limbs, any overhanging boughs or branches or other obstructions of any nature, dangerous to
life, limb, body or property, to be or remain on, in or over any street, alley, sidewalk, park, parking or
public place.
(b) All overhanging boughs, branches, tree limbs or bushes which extend over the traveled
portion of a roadway or alley shall not extend any lower than twelve (12) feet above the level of said
street or alley, and all overhanging boughs, branches, tree limbs or bushes which extend over the
sidewalk abutting any property shall not extend any lower than seven (7) feet above the level of said
sidewalk. Evidence that these limits as established have been violated shall be prima facie evidence
that the violation establishes a dangerous condition as established by Subsection (c) below.
(c) It shall be the duty of the Town Council to give written notice to the owner, agent or person
in possession of or exercising any control over any such property to remove or correct the same
within a reasonable time, to be fixed by such Town Council and, in case such person fails or refuses
to comply therewith, then it shall be the duty of such Town Council to remove and destroy the same,
at the expense of such person. If within ten (10) days after notice to pay such charges, payment is
refused or not made, then the Town Attorney shall prosecute the proper action at law or equity to
recover the same. (Ord. 89-1)

Sec. 7-3-20. Trimming.
It shall be the duty of every owner, agent or person in possession of or exercising control over any
premises, abutting on any public street, alley, avenue, park, parking or public place in the Town, to
trim and properly tend, water and care for all trees and shrubs situate upon that portion of such street,
avenue, park, parking or public place on which such premises abut, as required by the Town Council
and to comply with the provisions of this Chapter within a reasonable time after receiving notice
thereof, in writing, such time to be stated in the notice. (Ord. 89-1)

Sec. 7-3-30. Nuisances regarding trees and shrubs.
(a) Trees, shrubs and other vegetation which are dead, broken, diseased or infested by insects so
as to endanger the well-being of other trees, shrubs or vegetation, which constitute a potential threat
or hazard to people or property within the Town or which otherwise violate the provisions of this
Chapter are hereby declared a nuisance.
(b) It shall be unlawful and deemed a nuisance for any person, firm or corporation to cut, trim,
spray, remove, treat or plant any tree, vine, shrub, hedge or other woody plants upon accesscontrolled
arterials or other public parks and greenbelts within the Town unless authorized or directed
by the Town.
(c) It shall be unlawful and deemed a nuisance for any person to injure, damage or destroy any
tree, shrub, vine, hedge or other vegetation in or upon public rights-of-way or any other public
property within the Town, except for any person who notifies the Town Arborist of such injury,
damage or destruction and makes arrangements to repair or replace such vegetation or pay for the cost
of such repair or replacement.
(d) It shall be unlawful and deemed a nuisance to sell or import into the Town or plant or cause
to be planted any female cottonwood trees (Populus spices), Boxelder (Acar negundo) or Siberian
elm (Ulmus pumila) or other undesirable plants as designated by ordinance upon any property within
the Town. The planting or setting out of these certain plants is declared to be a menace to public
health, safety and welfare and a public nuisance. (Ord. 89-1)

Sec. 7-3-40. Authority of Town regarding trimming or removal.
The Town shall have the power to remove, trim, prune, cut, spray, irrigate, cultivate or plant and
protect all trees, shrubs, vines, flowers and plants or hedges within the Town which are diseased,
dead, insect-infested or otherwise dangerous to the other vegetation in the Town, or to require the
owners of land abutting any street, alley, boulevard, thoroughfare, public square, park or semi-public
property to remove at the expense of the owner any dead or dangerous limb and to trim any tree,
shrub, plant, vine or flowerbed which may project beyond the property line of such owner, which is in
violation of Section 7-3-10 above. If such property owner, upon the expiration of ten (10) days’
written notice from the Code Enforcement Officer, refuses or neglects to comply with such notice and
all rules and regulations promulgated under this Chapter, the Mayor may do or cause to be done the
necessary work incident thereto, and the expense shall be collected from the owner of such property.
(Ord. 89-1)

Sec. 7-3-50. Rules and regulations.
The Town Council shall have the power, from time to time, to adopt rules and special regulations
governing the planting, cultivation, trimming, pruning, cutting or spraying of trees, shrubs or vines
within the Town or on any street, alley, parking area, public square, thoroughfare or public place in
the Town. (Ord. 89-1)

Sec. 7-3-60. Leaves, grass clippings, tree limbs or similar material.
It shall be unlawful for any person to place in any form any leaves, grass clippings, tree limbs or
other similar material on the public rights-of-way, streets, alleys or any other public property within
the Town. This prohibition shall apply whether said material is contained, bagged or uncontained,
except for a period not to exceed twenty-four (24) hours in an enclosed trash container for the purpose
of said material being removed for purposes of disposal by a trash company or other similar entity.
(Ord. 89-1)

ARTICLE 4
Weed Control

Sec. 7-4-10. Definitions.
(a) For purposes of this Article, the following terms have the following meanings except where
the context clearly indicates a different meaning:
Alien plant means a plant species which is not indigenous to the State, nor to the native plant
community in which it is found.
Biological management means the use of an organism to disrupt the growth of undesirable plants.
Chemical management means the use of herbicides or plant growth regulators to disrupt the
growth of undesirable plants.
Control means preventing a plant from forming viable seeds or vegetative propagules.
Cultural control means those methodologies or management practices conducted to favor the
growth of desirable plants over undesirable plants, including but not limited to maintaining an
optimum fertility and plant moisture status in an area, planting at optimum density and spatial
arrangement in an area, and planting species most suited to an area.
Landowner or owner means any owner of record of any land, including an owner of record of
any easement, right-of-way or other estate in land.
Mechanical control means those methodologies or management practices that physically
disrupt plant growth, including but not limited to tilling, mowing, burning, flooding, mulching,
hand-pulling and hoeing.
Native plant means a plant species which is indigenous to the State.
Noxious weed means an alien plant, or parts thereof, which meets one (1) or more of the
following additional criteria:
a. It aggressively invades or is detrimental to economic crops or native plant communities;
b. It is poisonous to livestock;
c. It is a carrier of detrimental insects, diseases or parasites;
d. The direct or indirect effect of the presence of such plant is detrimental to the
environmentally sound management of natural or agricultural ecosystems; or
e. It is a plant commonly known as leafy spurge (Euphorbia esula); diffuse knapweed
(Centaurea diffusa); Russian knapweed (Centaurea repens); or spotted knapweed (Centaurea maculosa).
Noxious weed infestation means the direct or indirect presence of a noxious plant on any land
that has a detrimental effect on the environmentally sound management of the natural or
agricultural ecosystem of the land and the surrounding area.
Occupant means an individual, partnership, corporation or association which owns, occupies or
controls any land, easement or right-of-way.
Owner shall include the record owner, whether a person, firm or corporation, or any agent or
representative of the recorded owner or any occupant of the premises.
Plant growth regulator means a substance used for controlling or modifying plant growth
processes without appreciable phytotoxic effect at the dosage applied.
Town means the Town of Mountain View, Colorado, a municipal corporation.
Weed means weeds, grass, brush or other rank or noxious vegetation which is in excess of
twelve (12) inches in height and specifically includes: bindweed (Convolvulus), leafy spurge
(Huphorbia esula), Canada thistle (Cirsium arvense), Russian knapweed (Centaurea pioris),
perennial sowthistle (Soncnus arvense), puncture vine (Tribulus terrostris), silver-leaf poverty
weed (Franseria discolor), mouse-ear poverty weed (Iva axillaris), fanweed (Thlaspi arvense),
mustards (Brassieu), purple-flowered groundcherry (Quincula lobata), Russian thistle (Salsola
postifer), fireweed (Kochia scoparia), redroot pigweed (Amaranthus retroflexus), sandbur
(Cechrus tribuloides), hairy stickweed (Lappula occidentalis), buffaloburs (Solanum rostvatum),
common ragweed (Ambrosia elatiov), cockleburr (Xanthium commurie), common sunflower
(Helianthus cennticularis), dandelion (Leontodore taav axacum), marihuana (Cannabis sativa L.),
or other plant or offending vegetation which is regarded as a common nuisance. This list is not
intended to be exclusive, but rather is intended to be indicative of those types of plants which are
considered noxious and a detriment to the public health and safety, but shall not include flower
gardens, plots or shrubbery, vegetable gardens, hay crops and small grain plots (wheat, barley,
oats and rye).
(b) For the purposes of this Chapter, the ownership of land shall be deemed to extend from the
rear property line or where alleys exist, from the center of the alley behind the lot or tract of land to
and including the curb and gutter area or the street in front or on the side of such lot or tract of land,
or any area adjacent to a public right-of-way. (Ord. 89-1; Ord. 2007-4 §1)

Sec. 7-4-20. Duty to cut weeds.
It shall be the duty of every owner of land within the Town to cut, or cause to be cut, all weeds
growing thereon, in such a manner that all cut portions are reduced to a length of twelve (12) inches
or less, and all cut weeds are to be removed from the property to some place where refuse is
ordinarily disposed of, but in no event shall the cut weeds be stored in violation of Section 7-2-230 of
this Chapter. (Ord. 89-1)

Sec. 7-4-30. Posting and notification.
Upon determination of the Town Council, any property in violation of this Chapter may be posted,
and a notice shall be either served in person or mailed to the owners of the affected property. The
notice shall specify that all weeds within the Town are to be removed or destroyed, shall specify the
time period in which these weeds are to be removed or destroyed and shall set forth the penalties of
assessment for costs of removal for failure to comply. (Ord. 2007-4 §1)

Sec. 7-4-40. Cost assessment.
If any person does not comply with the provisions of this Chapter, the Town Council or its
authorized representative shall be authorized, after proper notification of the owner of the property as
above provided, to cause the cutting and removal or destruction of weeds and charge against the
property or the owner thereof a minimum of twenty-five dollars ($25.00), which includes the first
hour or any fraction thereof, for mowing, cutting or destruction time required. Additional time shall
be charged at the actual cost of mowing and removal, plus fifteen percent (15%) for incidental
charges. (Ord. 89-1; Ord. 2007-4 §1)

Sec. 7-4-50. Assessment objectives.
Within thirty (30) days from the date of removal or destruction of weeds by the Town, the Town
Council shall notify the owners of the affected property to be charged that said work has been
completed. Said notice shall specify the costs incurred by the Town, that any complaints or
objections may be made in writing to the Town Council within ten (10) days after receipt of said
notification and that said complaint will be heard and determined by the Town Council before any
passage of cost assessments for said work and shall include the date and place where such objections
will be heard. (Ord. 89-1; Ord. 2007-4 §1)

Sec. 7-4-60. Hearing and final assessment.
(a) At the time and place specified in said notice, the Town Council shall hear and determine all
such complaints and objections, and may make such modifications and changes as may seem
equitable and just, or may confirm the first apportionment. The Town Council may thereupon assess
the cost of said work. All assessments made in pursuance of this Chapter, together with the fifteenpercent
incidental costs, plus a ten-percent penalty charge for default in payment within thirty (30)
days of notice, shall constitute, from the date of posting and notification of the assessment, a
perpetual lien in the several amounts assessed against each lot or tract of land, and shall have priority
over all liens excepting general tax liens and prior special assessments. No delays, mistakes, errors or
irregularities in any act or proceeding authorized by this Chapter shall prejudice or invalidate any
final assessment; but the same may be remedied by subsequent amending acts or proceedings, as the
case may require. Where so remedied, the same shall take effect as of the date of the original act or
proceeding. If in any court of competent jurisdiction any final assessment made in pursuance of this
Chapter is set aside, then the Town Council, upon notice as required in the making of an original
assessment, may make a new assessment in accordance with the provisions of this Chapter.
(b) In case of failure to pay the assessment, or any portion thereof, or any penalty or interest
thereon, when due, the Town may recover at law from the owner of the property from which such
weeds were cut, removed or destroyed the amount of such assessment, penalties and interest in any
county or district court of the county wherein the owner resides or has his or her principal place of
business having jurisdiction of the amount sought to be collected.
(c) A statement of costs made by the Town Council shall be prima facie proof of the amount due.
(d) Such action may be an action in attachment, and writs of attachment may be issued to the
police or sheriff, as the case may be, and in any such proceeding, no bond shall be required of the
Town, nor shall any police or sheriff require of the Town an indemnifying bond for executing the writ
of attachment or writ of execution upon any judgment entered in such proceedings; and the Town
may prosecute appeals or writs of error in such cases without the necessity of providing bond thereof.
(e) It shall be the duty of the Town Attorney when requested by the Town Council, to commence
the action for the recovery of costs due under this Chapter, and this remedy shall be in addition to all
other existing remedies or remedies provided in this Chapter. (Ord. 89-1)

Sec. 7-4-70. Undesirable Plant Management Advisory Commission.
The Town Council is appointed to act as the Undesirable Plant Management Advisory
Commission for the Town and shall have the duties and responsibilities as provided by state statute.
(Ord. 2007-4 §1)

Editor’s Note: Section 35-5.5-101, C.R.S., establishes the requirements for undesirable plant management in the State.
ARTICLE 5
Animals
Sec. 7-5-10. Definitions.
For purposes of this Article, the following terms shall have the following meanings except where
the context clearly indicates a different meaning:
Animal means any live vertebrate creature, domestic or wild.
At large means off the premises of the owner and not under control by leash, cord, chain or
otherwise, or not under the immediate control or supervision of the keeper, an employee, servant
or member of the immediate family of the keeper, or of the owner or an employee, servant or
member of the immediate family of the owner.
Cat means any member of the felidae family of animals, including the domestic cat, lion, tiger,
leopard, jaguar, wildcat, lynx, cheetah and any other member of the feline family of either sex, six
(6) months of age or older.
Dog means any member of the canine family of animals, either male or female, over the age of
three (3) months.
Fowl means chickens, ducks, geese, turkeys, guineas, pigeons and other like fowl or birds.
Owner means any person owning, keeping or harboring a dog or cat.
Rodent means a mouse, rat, prairie dog, gopher, mole or other animal commonly
known as rodent, but shall not include a hamster, guinea pig, gerbil, rabbit or
squirrel.
(amended by Ord. 2008-2)

Sec. 7-5-20. Penalty.
Unless specifically provided otherwise, any person who is convicted of or pleads guilty or no
contest to a violation of any section of this Article shall be punished by a fine not to exceed four
hundred ninety-nine dollars ($499.00). (Ord. 2007-4 §1)

Sec. 7-5-30. Running at large.
It is unlawful for any person to allow or permit any animal to run at large within the Town. (Ord. 2007-4 §1)

Sec. 7-5-40. Impoundment.
In addition to any other remedy provided by the Town to prohibit the violation of this Article, the
Police Chief may enforce this Article by impounding any animal or fowl found in violation of this
Article. Such officer shall thereupon proceed as prescribed by this Article or as otherwise prescribed
by law; provided, however, that the Police Chief shall not impound a horse, unless such impoundment
is necessary to protect the horse or to protect the safety or health of the public. (Ord. 2007-4 §1)

Sec. 7-5-50. Prohibited animals.
(a) It is hereby declared to be a nuisance and is unlawful for any person to keep, house or
maintain in the Town any hogs, pigs or swine. This Subsection shall not apply to pigs commonly
known as pot belly pigs, provided that each pot belly pig does not exceed one hundred (100) pounds
in total body weight.
(b) No cattle, donkeys, mules, sheep, goats or other hard-hoofed animals or male fowl capable of
crowing shall be kept by any person within the Town, unless such person complies with the
provisions of this Article and the zoning and use requirements of the Town. (Ord. 93-1; Ord. 2007-4 §1)

Sec. 7-5-60. Number of animals.
No person or household shall own, keep or harbor more than three (3) dogs of more than four (4)
months of age, nor more than one (1) litter of pups, nor more than three (3) cats of more than four (4)
months of age, nor more than three (3) pot belly pigs weighing less than one hundred (100) pounds
each, nor more than a total of four (4) dogs, cats and pot belly pigs in any combination, nor more than
four (4) of any other permitted species. (Ord. 93-1)

Sec. 7-5-70. Noisy dogs prohibited.
It is unlawful for any owner or keeper of any dog to permit such dog, by loud and persistent
habitual barking, howling or yelping, to disturb any person or neighborhood, and such noise is
declared to be a public nuisance. It shall not be necessary, for the purposes of this Section, to identify
and describe the particular dog which is barking, howling or yelping, provided only that it shall be
shown who has possession, care, custody or control of the dog. (Ord. 2007-4 §1)

Sec. 7-5-80. Poisoning prohibited.
It is unlawful for any person to poison any dog or cat or to distribute poison in any manner
whatsoever with the intent of poisoning any dog or cat. (Ord. 2007-4 §1)

Sec. 7-5-90. Vicious dog or cat.
Any vicious dog or cat may be impounded as provided in this Article until it has been
determined that such dog or cat does not have rabies. The owner, possessor or keeper of any
dog or cat which has been found on more than one (1) occasion to have bitten any person may
be ordered by the Municipal Court to destroy or dispose of such dog or cat. Upon the failure
of the owner, possessor or keeper of the dog or cat to comply with the order of the Municipal
Court, the Police Chief shall be authorized to enter upon the premises where such dog or cat
may be found and impound the same, not subject to being reclaimed by the owner, possessor
or keeper thereof, to be thereafter destroyed by the Police Chief. If any dangerous, fierce or
vicious dog is found at large within the Town and cannot be safely taken up and impounded,
such dog may be slain by any police officer. (Ord. 2007-4 §1)
(a) It shall be unlawful for any person to own, possess, keep, exercise control
over, maintain, harbor, transport or sell within the Town any vicious dog or vicious cat.
(b) No person shall willfully cause, instigate, encourage or promote any dog to
aggressively threaten, attack, attempt to bite or bite any person or other animal in
the Town; provided, however, that no violation of this subsection shall be deemed
to have occurred where a dog is caused or encouraged to attack any person
engaged in attacking or molesting another person.
(c) For purposes of this Section, a vicious cat is defined as any cat that
bites or attacks a person at any place within the Town, whether on public
property or on private property.
(d) For purposes of this Section, a vicious dog is defined as a dog that
exhibits any of the following behavior at any place in the Town:
(1) Attacks or bites a human being, dog, cat or domestic animal;
(2) Repeatedly charges against a fence or to the end of its lead in
an apparent at tempi to attack;
(3) Has bitten or has attempted to bite;
(4) Exhibits aggressively threatening behavior by charging,
baring its teeth, growling and.snapping; or
(5)Otherwise demonstrates vicious behavior toward a human
being or another animal.
(e) Under the following circumstances, no dog shall be deemed vicious
solely by virtue of exhibiting the behavior described in subsection (d) herein:
(1) When a person has attacked such dog or engaged in conduct
reasonably calculated to provoke such dog to attack, threaten or bile such
person or another person;
(2) When a person is engaged in provoking a dog fight or any
altercation between such dog and another animal;
(3) When a person is engaged in attacking or molesting another person;
(4) When a person is engaged in unlawfully entering into or
upon any vehicle in which such dog is kept or confined;
(5) When any other animal is engaged in the unauthorized entry
into or upon the fenced or enclosed portion of the premises upon which
. . such dog is kept; or
(6) When a person is engaged in capturing or attempting to
capture such dog in the absence of the owner, excepting any person
attempting to capture such dog on such person’s own property.
(f) No person shall intentionally, willfully or negligently cause any dog
to attack or bite any person, dog, cat or domestic animal.
(g) Any vicious dog or cat may be impounded as provided in this Article until it has been
determined that such dog or cat does not have rabies. The owner, possessor or keeper of and dog or
cat that which has been found on more than at least one (1) occasion to have bitten any person may
be ordered by the Municipal Court to destroy or dispose of such dog or cat. Upon failure of the
owner, possessor or keeper of such the dog or cat; to comply with the order of the Municipal
Court; the Police Chief shall be authorized to enter upon the premises where such dog or cat may
be found and impound same, not subject to being reclaimed by the owner, possessor or keeper
thereof, to be thereafter destroyed. If any dangerous, fierce or vicious dog is found at large within
the Town and cannot be safely be taken up and impounded, such dog may be slain by any police officer.
(Ord_2008-2)

Sec. 7-5-100. Impoundment.
(a) The Police Chief is hereby authorized to apprehend any dog or cat found in violation of the
provisions of this Article and to impound such dog or cat in an approved shelter or other suitable
place.
(b) The Police Chief, upon receiving any dog or cat, shall make a complete registry thereof,
entering the breed, color and sex of such dog or cat and whether or not such dog or cat has a current
rabies tag. If such dog or cat has a current rabies tag, he or she shall enter the number of the tag and
the name and address of the owner, if the same can be obtained.
(c) Not later than three (3) days after the impounding of any dog or cat under this Article, the
owner shall be notified, or, if the owner of the dog or cat so impounded is unknown, written notice
shall be posted for three (3) days, in the office of the Town Clerk, describing the dog or cat and the
time and place of taking.
(d) The owner of any dog or cat impounded under this Article may reclaim such dog or cat upon
payment of all costs and charges incurred by the Town for such impoundment and keeping of such
dog or cat, provided that the owner shall also forthwith obtain a current rabies tag if such dog or cat
does not have such tag.
(e) It shall be the duty of the Police Chief to keep all dogs or cats impounded under the
provisions of this Article for a period of six (6) days. If, at the expiration of six (6) days from the date
of notice to the owner or the posting of such notice, such dog or cat has not been redeemed, it may be
destroyed. (Ord. 2007-4 §1)

Sec. 7-5-110. Kennels.
(a) It is unlawful to engage in the commercial business of breeding, buying, selling, trading or
training of any species of animal, reptile or fowl in any area zoned as residential.
(b) It is unlawful to operate any kennel or animal boarding facility within the Town.
(c) This Section shall not apply to a licensed veterinarian who is operating a properly licensed
animal hospital in any area that is zoned as commercial or business. (Ord. 93-1)

Sec. 7-5-120. Inoculation required.
(a) All dogs and cats over the age of four (4) months shall be inoculated against rabies by a
licensed veterinarian or clinic. Such inoculation shall be given as often as is recommended by the
“Compendium of Animal Rabies Control” as promulgated by the National Association of State Public
Health Veterinarians. The first inoculation shall occur within thirty (30) days after a dog or cat
reaches four (4) months. Any person moving into the Town shall comply with this Section within
thirty (30) days after having moved into the Town.
(b) The rabies tag shall be attached to the dog or cat by means of a collar, harness or other
device, and it is unlawful to place this tag on any dog or cat other than the dog or cat which was
vaccinated.
(c) It is unlawful for any person to make use of a stolen, counterfeit or forged rabies vaccination
certificate or rabies vaccination tag.
(d) Rabies tags are not transferable from animal to animal.
(e) It is unlawful for any person to own or harbor any dog or cat which has not been vaccinated
as provided in this Article. (Ord. 99-4 §1; Ord. 2007-4 §1)

Sec. 7-5-130. Trapping unlawful.
(a) Except as expressly provided in this Article, it is prohibited and it is unlawful for any person
to set or cause to be set within the Town any trap, snare or mechanical device for the purpose of holding, capturing or killing an animal.
(b) The prohibitions of this Article shall not apply to any person who sets traps with the intent to
trap rodents by means of a trap, snare or mechanical device specifically designed to trap such animals
and who has obtained the express consent of the owner or adult occupant of the property on which the trap is set.
(c) Any animal causing damage, injury or destruction to private property may be trapped or
restrained by the owner or occupant of such property, by the agent of such owner or occupant, or by
an authorized representative of the Police Department, by means of a snare or mechanical device
designed not to injure or harm the animal.
(d) The prohibitions of this Article shall not apply to any public officer or official of a police, fire
or animal control agency, the State or the United States, when such person is acting within the scope
of his or her official duties. (Ord. 2007-4 §1)
Updated 6/26/09