Title 8 HEALTH AND SAFETY -...

Title 8 HEALTH AND SAFETYChapters:

Chapter 8.08 - NUISANCES

Chapter 8.10 - MANDATORY REFUSE COLLECTION*

Chapter 8.11 - GARBAGE, ASHES AND RUBBISH

Chapter 8.12 - LIQUEFIED PETROLEUM GAS

Chapter 8.15 - TRAILERS, CAMPERS AND TENTS

Chapter 8.16 - EXPLOSIVES

Chapter 8.20 - FIRE CODE

Chapter 8.30 - PARK SAFETY

Chapter 8.34 - EMERGENCY RESPONSE PROCEDURES

Chapter 8.08 NUISANCESSections:

8.08.010 Definitions.

8.08.020 Nuisances prohibited.

8.08.030 Authority of town to declare nuisances.

8.08.040 Nuisances declared.

8.08.050 Complaints.

8.08.060 Inspections—Right of entry—Emergencies.

8.08.070 Abatement of nuisances—Failure to comply.

8.08.080 Responsibility for costs of abatement—Collection—Failure to pay.

8.08.090 Remedies cumulative and nonexclusive.

8.08.100 Violations and penalties.

8.08.110 Severability.


As used in this chapter, the following terms shall have the meanings indicated:

"Inoperable vehicle" means any automobile, truck, self-propelled vehicle or other wheeled vehicle not in operating condition and which lacks a current valid license plate. Any dismantled, partially dismantled,

discarded, junked or wrecked vehicle shall be deemed to be "not in operating condition" for purposes of this definition.

"Nuisance" means any substance, act, occupation, condition or use of property declared a "nuisance" by this chapter or declared a nuisance by the state of Colorado or by any court or agency thereof, or known as a "nuisance" at common law, or which is of such nature and duration as to:

1. Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;

2. In any way render the public insecure in life or in the use of property;

3. Unlawfully and substantially interfere with, obstruct, or tend to obstruct or render dangerous for passage any street, alley, highway or other public way.

(Ord. 470 § 1 (part), 1994)

8.08.020 Nuisances prohibited.

No person being the owner, agent or occupant or having under his control any building, lot or premises or unimproved real estate within the Town limits of the Town of Oak Creek, Colorado, shall maintain or allow any nuisance to be or remain therein.

(Ord. 470 § 1 (part), 1994)

8.08.030 Authority of town to declare nuisances.

Any act, condition, substance, occupation or use of property which substantially meets the criteria of a nuisance as defined in Section 8.08.010 may be so declared by the Board of Trustees, and nothing in Section 8.08.040 shall be construed to limit the power of the Town to make such declaration.

(Ord. 470 § 1 (part), 1994)

8.08.040 Nuisances declared.

A. Unwholesome Business. Offensive or unwholesome businesses or establishments are prohibited. From and after the date of this chapter, it is unlawful for any person or any kind to allow or suffer upon his premises or any premises which he is entitled to possess any offensive or unwholesome business or establishment within the Town, or within one mile beyond the outer limits of the Town as such outer limits are now, or may be hereafter, constituted. Any slaughterhouse or other place for slaughtering animals within this Town is therefore declared to be a nuisance.

B. Junkyards and Dumping Grounds. All places used or maintained as junkyards or dumping grounds or for the wrecking or disassembling of automobiles, trucks, tractors or machinery of any kind or for the storing or leaving of worn out, wrecked or abandoned automobiles, trucks, tractors, trailers, boats, and housetrailers or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which places essentially interfere with the comfortable enjoyment of life or property by others, are declared to be nuisances.

C. Discharge of Noxious Liquids. The discharge out of or from any house or place of 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 is declared to be a nuisance.

D. Stale Matter. The accumulation of any stale, putrid or stinking fat or grease or other matter is declared to be a nuisance.

E. Sewer Inlet. Any article or materials accumulated in any sewer, sewer inlet or privy vault that shall have a sewer connection, which cause or might cause such sewer, sewer inlet or privy vault to become noxious or offensive to others or injurious to public health, are declared to be nuisances.

F. Dead Animals—Removal. The body of any animal which has died and which is undisposed of after twenty-four hours after death is declared to be a nuisance.

G. Stagnant Ponds. Any cellar, vault, drain, sewer, pond of water or other place in this Town that shall be noxious or offensive to others, or injurious to public health, through an accumulation or deposit of noxious, offensive or foul water or other substances shall be deemed a nuisance. This applies in all cases for which no other specific provisions are made in this chapter or any other ordinance of the Town.

H. Open Wells, Cisterns or Excavations. It is declared that excavations exceeding five feet in depth, cisterns, and wells or an excavation used for storage of water are public nuisances unless the same are adequately covered with a locked lid or other covering weighing at least sixty pounds or are securely fenced with a solid fence to a height of at least five feet, and it is unlawful for any person to permit such nuisance to remain on premises owned or occupied by him. Any well or cistern on any property within the limits of the Town, whenever a chemical analysis or other proper test or the location of the same shows that the water of the well or cistern is probably contaminated, impure or unwholesome, shall be deemed a nuisance. Any abandoned or unused well or cistern shall be filled with dirt and covered.

I. Reserved.

Editor's note— Ord. No. 576, adopted Jan. 12, 2006, repealed subsection 8.08.040 I, which pertained to noisemaking devices to attract children and derived from Ord. 470, § 1, 1994.

J. Handbills, Posters and Placards. Any handbill, poster, placard or painted or printed matter which shall be stuck, posted or pasted upon any public or private house, store or other building or upon any fence, power pole, telephone pole or other structure without the permission of the owner, agent or occupant of the house shall be deemed a nuisance.

K. Unused Appliances. Any unused refrigerator, washer, dryer, freezer or other appliance within any accessible yard or lot or carport or residential garage within the limits of the Town without the door of the same being removed is declared to be a nuisance.

L. Building Nuisances. It is declared a nuisance for the owner of any building to fail to replace any broken window or fail to secure any other means of entry into such building within seventy-two hours after notice is given by the Town.

M. Transporting of Garbage or Manure. The transport of manure, garbage, swill or offal upon any street in this Town in a vehicle which is not fitted with a substantially tight enclosed box thereon allowing no portion of such filth to be scattered or thrown into such street is declared to be a nuisance.

N. Inoperable Vehicle. Inoperable vehicle shall mean any vehicle that does not have current license or registration or is incapable of moving or operating on its own power or is missing any significant component part. Not more than one inoperable vehicle owned by the owner or occupant of the property may be stored on the property, for repair or restoration purposes only and not for sale provided that it is shielded from the view of any other parcel of property.

O. Accumulation of Garbage, Refuse, etc. Any accumulation of refuse, trash or other waste or discarded material, including discarded building and construction materials, that endangers the public health and safety is declared to be a nuisance.

P. Emissions Beyond Confines of Property. Any smoke and odor resulting from the burning of refuse, trash or other materials, including but not limited to those materials outlined in subsection O of this section, as well as permitting any condition to remain or exist on any property which shall result in the emission or creation of objectionable smoke, odor, vibration, dust, glare, sound, noxious gases or

heat beyond the confines of any piece of ground in the Town which endangers the public health or results in annoyance or discomfort to the public is declared a nuisance.

Q. Accumulation of Manure. The accumulation of manure or other animal waste in quantities which endanger or tend to endanger the public health and safety is declared a nuisance. This provision does not apply to a light spread of manure upon lawns or gardens or which is plowed under the surface of the ground.

R. Excessive Noise. The making or creating of excessive or unusually loud noise within the Town is unlawful. For the purpose of determining and classifying any noise as excessive or unusually loud, the following test may but need not be applied:

1. The noise shall be measured within the Town at a distance of at least twenty-five feet from a noise source located within the public right-of-way, or at least twenty-five feet from the property line of the private property on which the noise source is located.

2. The noise shall be measured on a decibel or sound level meter of standard design and quality operating on the "A" weighing scale.

The noise measured as provided above which registers more than eighty decibels in intensity on the "A" weighing scale shall be and is declared as excessive and unusually loud and is unlawful.

The prohibitions of the above shall not apply to any authorized emergency vehicle or those activities of a temporary duration, such as parades and fireworks displays for which a permit has been granted by the Town.

Any person desiring relief from the noise level designated by this section may apply to the Board of Trustees for a permit on the basis of undue hardship. The Board of Trustees shall specify on any permit granted appropriate conditions to minimize the adverse impact of the noise on the community and the time for which the permit shall remain effective. The Board of Trustees may grant relief if it finds that:

1. Additional time is necessary for the applicant to alter or modify his activities or operation to comply with this section; or

2. The activity, operation or noise source cannot be done in a manner that would comply with the provisions of this section, but is of a temporary duration as determined by the judgment of the Oak Creek Police Department or by a written complaint from a citizen; or

3. No reasonable alternative is available to the applicant.

S. Snow and Ice. It shall be the duty of the occupant, as well as the owner of any lot, tract or parcel or real estate, whether vacant or occupied, within the boundaries of the Town to keep the sidewalks contiguous thereto reasonable free from accumulations of snow, ice, waste and offensive matter, and to remove the same with dispatch, and any owner or occupant who fails to do so, shall be deemed the author of a nuisance. Sidewalk" shall be defined as that portion of a street between the curb and the adjacent property lines intended for the use of pedestrians. For purposes of this section, accumulations of snow and ice shall be deemed to have been removed with dispatch if such accumulations occurring during any one day period are removed no later than noon of the following day. If any occupant or owner fails to remove any such accumulation within the time stated, it shall be the duty of the Police Department of the Town to proceed at once upon the expiration of such time to cause such nuisance to be abated and to report immediately the cost and expense thereof for collection from the owner in accordance with the provisions of this chapter.

T. Weeds, Brush, Rubbish. All weeds, brush and rubbish on private property and on the alleys and in the rear and the sidewalk and parking areas in front thereof within the Town are declared to be a nuisance and a menace to the health and safety of the inhabitants. Any owner, tenant or occupant of any lot or parcel of ground who fails to cut and remove all weeks, brush and rubbish from the property alleys and sidewalk or parking lot associated therewith is guilty of maintaining a nuisance. The term "weed" means an unsightly, useless, troublesome, or injurious herbaceous plant, or offending vegetation commonly regarded as a nuisance shall include all rank vegetable growth which exudes unpleasant or noxious odors and any grass which is more than six inches high. The term

"brush" means a volunteer growth of bushes growing out of place and shall include all cuttings from trees, bushes and high and rank shrubbery.

U. Construction Site to be Maintained. All construction and demolition contractors shall be responsible for maintaining their work sites in a reasonably clean and litter-free condition, including the removal of all litter blown or deposited upon the site. The contractor shall provide a sufficient number of refuse receptacles or bulk containers for the disposal of all loose debris, building materials, waste and other refuse produced by those working on the site. All such waste, refuse and debris shall be securely contained in such receptacles in bulk containers by the end of each working day. Contractors shall not be responsible for disbursal of such waste after it is so secured by winds of unusually high velocity.

V. Railroad Right-of-Way to be Kept Free of Rubbish. The railroad company may be required to maintain its right-of-way within the Town in good repair and free of rubbish of any kind. Furthermore, the railroad company may be required to remove any rubbish or other matter which has been blown, thrown or otherwise deposited from the railroad right-of-way or any car moving thereon onto any adjacent property or stream. Such nuisance shall be abated by the railway company as provided in this section, except that the Town Clerk shall cause notice of any such condition to be mailed by registered or certified mail, return receipt requested, to the general offices of the railroad company maintained within the state of Colorado where the offices of the company's officers are maintained.

(Ord. 470 § 1 (part), 1994)

(Ord. No. 569, § 1, 7-14-2005; Ord. No. 573, 1-12-2006; Ord. No. 576, 1-12-2006)

8.08.050 Complaints.

Complaints of nuisances may be made to the Town Administrator, building official, Police Chief or Police Officer or any other Town official. Whenever possible, any complaint shall state the nature of such nuisance, the location, including street address, name of the owner, agent or occupant of the building or lot, if known, and the name and address of the complainant.

(Ord. 470 § 1 (part), 1994)

8.08.060 Inspections—Right of entry—Emergencies.

A. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized representative of the Town shall have reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a nuisance hereunder, the Town Administrator, building official, Police Chief or Police Officer may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed on any of them. If such building or premises are occupied, such person shall first present proper credentials and demand entry; and if such premises are unoccupied, he shall first make a reasonable effort to locate the owner or occupant or other person or persons having charge or control of the building or premises and, upon locating said owner, occupant or other person or persons, shall present proper credentials and demand entry. If entry is refused, such person shall give the owner or occupant, or if said owner or occupant cannot be located after a reasonable effort, he shall leave at the building or premises, a twenty-four hours' written notice of intention to inspect. The notice given to the owner or occupant or left on the premises as aforesaid shall state that the property owner has the right to refuse entry and that in the event that such entry is refused, inspection may be made only upon issuance of a search warrant by the municipal judge of the Town or a judge of any other court having jurisdiction.

B. After the expiration of said twenty-four hour period from the giving or leaving of notice, the Town Administrator, building official, Police Chief or Police Officer, or any of them, or their authorized

representative, may appear before the municipal judge of the municipal court of the Town and, upon a showing of probable cause, shall obtain a search warrant entitling him to enter such building or go upon such premises. Upon presentation of such search warrant and proper credentials, or possession of the same in the case of an unoccupied building or premises, said person may enter into said building or go upon said premises using such reasonable force as may be necessary to gain entry.

C. For the purposes of subsection B of this section, if a determination of probable cause may be based upon reasonableness, 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 issue in order to obtain a each warrant. It is unlawful for any owner or occupant of said building or premises to resist reasonable force used by any authorized agent acting pursuant to this section.

D. Whenever an emergency situation exists in relation to the enforcement of any of the provisions of this chapter, the Town Administrator, building official, Police Chief or Police Officer, or the authorized representative of any of them, upon a presentation of proper credentials or identification in the case of an occupied building or premises, or possession of said credentials in the case of an unoccupied building or premises, may enter into any building or go upon any premises within the jurisdiction of the Town. In said emergency situation, such person or his authorized representative may use such reasonable force as may be necessary to gain entry into said building or upon said premises.

E. For purposes of subsection D of this section, an emergency situation shall include but not be limited to any situation where there is imminent danger of loss of life, limb and/or property. It is unlawful for any owner or occupant of said building or premises to resist reasonable force used by the authorized official acting pursuant to this subsection.

(Ord. 470 § 1 (part), 1994)

8.08.070 Abatement of nuisances—Failure to comply.

A. Each and every nuisance declared or defined by any ordinance of the Town or otherwise is prohibited, and the Town Administrator and Town Police Chief are authorized, in their discretion, to cause the same to be abated in such manner as they may direct, subject to the limitations herein provided.

B. Upon authorization of the Town Administrator or Police Chief, if any nuisance found to exist shall cause such imminent danger to the life, limb, property or health as to require immediate abatement, any such nuisance may be summarily abated by action of the Town Administrator, Police Chief, Police Officer, building official or fire chief.

C. In the case of any nuisance not requiring summary abatement, it shall be the duty of the Town Administrator or Police Chief to cause notice to be served upon the person responsible for any nuisance which may be found, requiring said person to abate the same in a reasonable time and in such reasonable manner as prescribed. The notice shall further provide that the person responsible for any nuisance may request, in writing, that the Town Trustees set the matter for hearing. Such notice may be given or served by any officer directed or deputized to give or make the same. In causing notice to be served, the Town Administrator or Police Chief may authorize Town officials, inspectors or any other appropriate Town employee to issue notice of abatement. The reasonable time for abatement shall not exceed fourteen days unless it appears from the facts and circumstances that compliance could not reasonably be made within fourteen days or that a good faith attempt at compliance is being made. Such notice shall be in writing, signed by the official issuing the same and shall be personally served upon the owner or occupant of the premises upon which the nuisance exists or, if not occupied, then by posting the same prominently at some place on the premises upon which the nuisance exists. If service is by posting as aforesaid, then a copy of the notice shall also be mailed by certified mail, return receipt requested, to the owner of such property as shown upon the tax rolls of Routt County, Colorado, at the address of such owner as therein

shown. If the person so served requests a hearing by the Town Trustees in conformity with this section, the matter shall be set for hearing forthwith. At such hearing, the person deemed author of the subject nuisance shall be allowed to present such evidence as that person deems appropriate to a showing that the condition should not be deemed a nuisance. The Town Trustees shall make a finding as to the existence of a nuisance at the conclusion of the evidence, which finding shall be deemed final and conclusive for all purposes.

D. If, after notification, a nuisance is not voluntarily abated or a hearing requested in conformity with the foregoing, the following procedures shall apply:

1. If the person notified in accordance with subsection C of this section shall neglect or refuse to comply with the requirements of the notice to abate the nuisance within the time specified, or shall neglect or refuse to request a hearing with the time specified, such person shall be guilty of a violation of this chapter, and the Town Administrator, Police Chief and Town Attorney, or their authorized agent, may proceed at once, upon the expiration of the time specified in the notice, to abate such nuisance. In either case, the expense of such abatement shall be collected from the owner of the property upon which said nuisance existed.

2. Upon a determination by the Board of Trustees at a hearing conducted in response to the request of the author of a nuisance as provided herein that a nuisance exists, such person shall have a reasonable time to abate the nuisance in such reasonable manner as prescribed at the time of the hearing. The reasonable time for abatement shall not exceed fourteen days unless it appears from the facts and circumstances that compliance could not reasonably be made within fourteen days. If such a nuisance is not abated within the prescribed time period, the Town shall be authorized to abate the nuisance or cause the same to be abated as provided in this section.

3. Upon a determination that a nuisance exists, the Police Chief may be authorized to abate the nuisance or cause the same to be abated, employing such forces and persons as may be necessary to abate the nuisance or cause the same to be abated, including the employees of the Town or by contract or otherwise. All other Town officials and employees are authorized and directed to render such assistance to the Police Chief as may be required for the abatement of such nuisance and in connection with the enforcement thereof.

4. Any officer or employee of the Town who shall be authorized herein to abate any nuisance specified in this chapter shall have authority to engage the necessary assistance and incur the necessary expenses thereof. In any case where a nuisance is to be abated by the Town, it shall be the duty of such authorized person to employ such assistance to effect abatement of the nuisance. It shall also be the duty of the Town or any of its representatives to proceed in all abatement cases with due care and without any unnecessary destruction of property.

(Ord. 470 § 1 (part), 1994)

8.08.080 Responsibility for costs of abatement—Collection—Failure to pay.

A. The person or person responsible for any nuisance within the Town shall be liable for and pay and bear all costs and expenses of the abatement of the nuisance, which costs and expenses may be collected by the Town in any action at law, referred for collection by the Town attorney in his discretion or collected in connection with an action to abate a nuisance or assessed against the property as hereinafter provided.

B. The notice required by this chapter shall, in addition to other requirements herein, state that, if the nuisance is not abated within the time stated in the notice, the cost of such abatement may be assessed as a lien against the property (describing the same) pursuant to the terms of this chapter, referring to this chapter, together with an additional five percent assessment for inspection and incidental costs and an additional ten percent assessment for costs of collection, and collected in the same manner as real estate taxes against the property. If the owner of the property is not personally served with a copy of such notice, then a true copy of such notice shall be mailed by registered or

certified mail, return receipt requested, to the owner of such property as shown upon the tax rolls of Routt County, Colorado, at the address of such owner as herein shown.

C. If, after the expiration of the period of time provided for in the notice, or as extended, costs or expenses are incurred by or on behalf of the Town in the abatement or in connection with the abatement of the nuisance, and the costs are not otherwise collected, then the Town Treasurer may thereafter certify to the Town Clerk the legal description of the property upon which such work was done, together with name of the owner thereof as shown by the tax rolls of Routt County, Colorado, together with a statement of the work performed, the date of performance and the costs thereof.

D. Upon receipt of such a statement from the Town Treasurer, the Town Clerk shall mail a notice to the owner of such premises as shown by the tax roll, at the address shown upon the tax rolls, by first-class mail, postage prepaid, notifying such owner that work has been performed pursuant to this chapter, stating the date of the performance of the work, the nature of the work and demanding payment of the costs thereof (as certified by the director of finance), together with five percent assessment for inspection and other incidental costs in connection therewith. Such notice shall state that if the amount is not paid within thirty days after mailing the notice, it shall become an assessment on and a lien against the property of the owner, describing the same, and will be certified as an assessment against such property, together with the ten percent assessment for costs of collection, and the above-mentioned assessments will be collected in the same manner as a real estate tax upon the property.

E. If the Clerk shall not receive payment within the period of thirty days following the mailing of such notice, the Clerk shall inform the Board of Trustees of such fact, and the board shall thereupon enact an ordinance assessing the whole cost of such work, including a charge of five percent of the whole cost for inspection and other incidental costs in connection therewith upon the lots and tracts of land upon which the nuisance was abated, together with a charge of ten percent of the whole costs for costs of collection.

F. Following the passage of such ordinance, the clerk shall certify the same to the county Treasurer, who shall collect the assessment including the ten percent charge for costs of collection, in the same manner as other taxes are collected.

G. Each such assessment shall be a lien against each lot or tract of land until paid and shall priority over other liens except general taxes and prior special assessments.

(Ord. 470 § 1 (part), 1994)

8.08.090 Remedies cumulative and nonexclusive.

A. No remedy provided in this chapter shall be exclusive, but the same shall be cumulative, and the taking of any action hereunder shall not preclude or prevent the taking of other action hereunder to abate or enjoin any nuisance found to exist.

B. Whenever a nuisance exists, no remedy provided for in this chapter shall be exclusive of any other charge or action, and, when applicable, the abatement provisions of this chapter shall serve as and constitute a concurrent remedy over and above any charge or conviction of any municipal offense or any other provision of law. Any application of this chapter that is in the nature of a civil action shall not prevent the commencement or application of any other charges brought under the municipal ordinances or any other provisions of law.

(Ord. 470 § 1 (part), 1994)

8.08.100 Violations and penalties.

A. Whenever in any section of this chapter, the doing of any act is required, prohibited or declared to be unlawful and no definite fine or penalty is provided for a violation thereof, any person, firm or corporation who shall be convicted of a violation of any such section shall be punished by a fine not to exceed three hundred dollars, or by imprisonment for not more than ninety days, or by both such fine and imprisonment.

B. Any person who shall have possession or control of any private ground or premises, whether he is owner thereof or not, in or upon which any such nuisance shall exist or may be found, whether such nuisance has been heretofore or shall be hereafter created, shall be deemed guilty of a separate offense, as the author of a nuisance, for every period of twenty-four hours continuance of such nuisance after due notice given to abate the same.

(Ord. 470 § 1 (part), 1994)


If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this chapter.

(Ord. 470 § 2, 1994)

Chapter 8.10 MANDATORY REFUSE COLLECTION*Sections:

8.10.010 Title for citation.


8.10.030 Applicability of provisions.

8.10.040 Enforcement—Administrative authority powers.

8.10.050 Vehicles—Type and equipment.

8.10.060 Collection service—Provided by town.

8.10.070 Collection service—Contracts with town.

8.10.080 Collection service—Use of system required—Exceptions.

8.10.090 Exemptions from service—Designated.

8.10.100 Exemptions from service— Application required.

8.10.110 Rules and regulations.

8.10.120 Charges—Establishment and enforcement.

8.10.130 Charges—Collected with utility bill.

8.10.140 Combined refuse and electric charges deemed debt to town—Effect of failure to pay.

8.10.150 Refuse accumulations and sanitary facilities—Property owner or lessee responsibility.

8.10.160 Refuse from business establishments.

8.10.170 Causing nuisance or hazard by depositing refuse prohibited.

8.10.180 Throwing refuse in public ways prohibited.

8.10.190 Unauthorized removal of refuse from containers prohibited.

8.10.200 Violation—Penalty.


8.10.010 Title for citation.

This chapter shall be known as the "Municipal Refuse Collection Code," may be cited as such, and will be referred to in this chapter as "this code."

(Ord. 467 § 1 (part), 1994)


For the purposes of this code, the following terms, phrases, words and the derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

"Administrative authority" means and is construed to be Board of Trustees, or its designated representative.

"Ashes" means the residue from the burning of wood, coal, coke, or other combustible materials.

"Community facilities" means and consists of churches, schools, and other similar noncommercial facilities.

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

"Multifamily residence" means a building occupied by two or more families living independent of each other in separate units, but not including hotels or motels.

"Refuse" means all putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes and solid market and industrial wastes.

"Rubbish" means nonputrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, and similar materials.

(Ord. 467 § 1 (part), 1994)

8.10.030 Applicability of provisions.

The provisions of this code shall apply to all areas, territory, property, vacant lots and buildings within the Town.

8.10.040 Enforcement—Administrative authority powers.

The administrative authority is authorized and directed to administer and enforce all of the provisions of this code.

(Ord. 467 § 1 (part), 1994)

8.10.050 Vehicles—Type and equipment.

Every truck or vehicle used by a hauler or individual for the collection, removal or transportation of refuse, garbage or ashes along the streets and alleys of the Town shall be of the packer-type variety, and shall be equipped with a tight metal lining and side frames, and with a flameproof tarpaulin or other cover so attached to such vehicle so as to prevent the loss of any of the contents therefrom.

(Ord. 467 § 1 (part), 1994)

8.10.060 Collection service—Provided by town.

The Town or its agents or contractors shall furnish refuse collection service as provided in this code.

(Ord. 467 § 1 (part), 1994)

8.10.070 Collection service—Contracts with town.

The Town may enter into a nonexclusive contract or agreement with any person for the collection and disposal of refuse within the Town.

(Ord. 467 § 1 (part), 1994)

8.10.080 Collection service—Use of system required—Exceptions.

A. A refuse collection system shall be provided by the Town or its contractor to all residences.

B. The Town shall not compel industrial or commercial establishments, community facilities or multifamily residences of six or more units to use or pay user fees for refuse collection services provided by the Town or its contractor in preference to those services provided by a private person or hauler.

(Ord. 467 § 1 (part), 1994)

8.10.090 Exemptions from service—Designated.

A. Industrial or commercial establishments, community facilities or multifamily residences of six or more units shall be exempt from Town refuse collection services and service fees; however, such exemption shall not affect the obligation of the owner or operator to remove refuse from such establishment, facility or residence in accordance with this code.

B. Any owner or tenant of a single-family or multifamily residence of five or less units may exempt such residential unit or units from refuse collection services provided by the Town; however, such exemption shall not affect the obligation of the owner or tenant to pay the Town refuse collection charges as provided for in Section 8.10.120, or to remove refuse from such residence in accordance with this code.

C. Each trailer or mobile home unit located within a mobile home park shall be classified as an individual single-family unit, and therefore be served by the Town collection system. In the alternative, the owner or operator of a mobile home park operation may elect to classify the entire park operation as a commercial establishment and thereby qualify for exemption from Town

collection services and service fees. Such exemption, however, shall not affect the obligation of the owner or operator to remove refuse from such mobile home park in accordance with this code.

(Ord. 467 § 1 (part), 1994)

8.10.100 Exemptions from service— Application required.

Applications for exemption to refuse collection service provided by the Town shall be filed with the Town Clerk and issued by the Town Clerk upon approval by the Board of Trustees.

(Ord. 467 § 1 (part), 1994)

8.10.110 Rules and regulations.

The Board of Trustees shall promulgate rules and regulations relating to the manner of preparing and accumulating refuse and waste material for collection; the type and kind of containers to be used for such accumulation; the manner of, use of, and care for such containers; the location at pickup points, procedures, schedules, and such other rules and regulations as, in their discretion, are necessary or desirable in the interest of maintaining efficiency and sanitary conditions in the refuse collection system and service within the Town, and such rules and regulations, when promulgated, shall be of the same force and effect as if incorporated in this section.

(Ord. 467 § 1 (part), 1994)

8.10.120 Charges—Establishment and enforcement.

The Board of Trustees shall by resolution, establish charges for collection service as provided by the Town or its contractors under this code, and prescribe the time and manner of payment of such charges, and adopt measures designed to enforce the payment thereof such as, in their discretion, are necessary or desirable. Such charges and procedures, when adopted, shall be of the same force and effect as if incorporated in this section.

(Ord. 467 § 1 (part), 1994)

8.10.130 Charges—Collected with utility bill.

The charge for Town collection of refuse shall be payable monthly in advance and will be made at the same time as the charge for the electric, water and sewer utility service offered and furnished by the Town, and such refuse charge shall be due and payable at the same time and place as the charge for the utility service is due and payable.

(Ord. 467 § 1 (part), 1994)

8.10.140 Combined refuse and electric charges deemed debt to town—Effect of failure to pay.

The charge for Town refuse collection and charge for electric utility service are declared to be parts of one debt to the Town insofar as the same affect any one customer or consumer, and the refusal or failure to pay any part of such debt for any monthly period of service, in accordance with the rules and

regulations established by the Board of Trustees, shall be sufficient cause for discontinuing electric utility service and/or refuse collection.

(Ord. 467 § 1 (part), 1994)

8.10.150 Refuse accumulations and sanitary facilities—Property owner or lessee responsibility.

A. It shall be the duty of every person, whether owner, lessee or renter of any vacant lot, building or premises, including any place of business, hotel, restaurant, dwelling, house, apartment, tenement, mobile home, or any other establishment, at all times, to maintain the premises in a clean and orderly condition, permitting no deposit or accumulation of refuse, except as otherwise provided in this code.

B. Every owner remains liable for violations of responsibilities imposed upon him by this code, even though an obligation is also imposed on the occupants of his building or premises, and even though the owner has by agreement imposed on the occupant the duty of furnishing required equipment or of complying with this code.

C. Every owner shall, where required by this code, furnish and maintain such approved sanitary facilities as required for the prevention of insect and rodent infestation, or the pollution of air or water.

D. Every occupant shall be responsible for keeping his dwelling, structures or premises which he occupies and controls in a clean, safe and sanitary condition and shall dispose of all his rubbish, refuse, garbage, and other organic waste in a similar manner required by this code.

(Ord. 467 § 1 (part), 1994)

8.10.160 Refuse from business establishments.

A. Discarded automobile parts, refuse of all kinds, wool, hides, junkyard refuse and packing house or slaughterhouse refuse shall be removed periodically from such respective establishments by the proprietor so that the premises are clean and orderly at all times.

B. Silt and similar deposits from automobile washracks shall be removed to an approved disposal site by the establishment creating such deposits.

C. Any accumulation of refuse that is highly explosive or inflammable, which might endanger life or property, shall be removed to such place as required by Colorado law, such removal to be handled by the establishments therefor.

(Ord. 467 § 1 (part), 1994)

8.10.170 Causing nuisance or hazard by depositing refuse prohibited.

It is unlawful to deposit or place any refuse in such manner that the same is or tends to become a nuisance, or in such manner endangers or tends to endanger the public health. No person shall in any manner throw, place, scatter, deposit or bury any refuse in or upon any public street, alley or other public place, or upon his own premises or the premises of another.

(Ord. 467 § 1 (part), 1994)

8.10.180 Throwing refuse in public ways prohibited.

It is unlawful for refuse of any kind or nature to be thrown or swept into any street, sidewalk, gutter, sewer, intake, alley, vacant lot, or other property.

(Ord. 467 § 1 (part), 1994)

8.10.190 Unauthorized removal of refuse from containers prohibited.

No person shall molest, remove, handle or otherwise disturb any refuse containers, bags or baskets, or contents, for servicing by the collector; provided that this section shall not apply to the owner, occupant, lessee or tenant of the residence or dwelling so placing the containers and contents.

(Ord. 467 § 1 (part), 1994)


Any person convicted of violating any of the provisions of this chapter shall be punished by a fine of not to exceed three hundred dollars, or by imprisonment for not more than ninety days, or by both such fine and imprisonment.

(Ord. 467 § 1 (part), 1994)


If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this chapter.

(Ord. 467 § 2 (part), 1994)

Chapter 8.11 GARBAGE, ASHES AND RUBBISHSections:

8.11.010 Garbage can requirements.

8.11.020 Sanitation of garbage cans.

8.11.030 Depositing garbage prohibited where.

8.11.040 Rubbish—Container requirements.

8.11.050 Disposal of ashes and rubbish.

8.11.060 Throwing rubbish in streets or burning garbage or rubbish prohibited.



8.11.010 Garbage can requirements.

Every occupant of any house, hotel, restaurant, store building, flat, apartment or tenement in this Town where persons reside, board, lodge or stay, or where animal or vegetable matter is prepared or served, shall provide and at all times maintain therefor in good condition one or more sufficient, suitable cans or receptacles for garbage. Such cans shall be made of sturdy, rigid plastic or galvanized metal with suitable handles and tight-fitting covers and shall be approximately thirty-two gallons or less in capacity and water-tight.

(Ord. 467 § 1 (part), 1994)

8.11.020 Sanitation of garbage cans.

All persons keeping or using garbage cans shall keep the same in sound condition and clean, and shall wash the same at least once a week, so that they will not attract flies or be filthy or ill-smelling.

(Ord. 467 § 1 (part), 1994)

8.11.030 Depositing garbage prohibited where.

No person shall deposit or cause to be deposited on any street, public or private alley, or upon any private premises in the Town, except in garbage cans provided therefor, any filth, garbage, rubbish, dishwater or like wastewater, or putrid animal or vegetable matter.

(Ord. 467 § 1 (part), 1994)

8.11.040 Rubbish—Container requirements.

The tenant of every building or premises occupied or frequented by people shall furnish and maintain upon the premises a separate receptacle of substantial size, or a suitable place on the premises for rubbish.

(Ord. 467 § 1 (part), 1994)

8.11.050 Disposal of ashes and rubbish.

A. In case of controversy over the location of ash or rubbish receptacles, the Police Department Chief shall determine the proper location. Garbage shall not be permitted to attract flies or collect water, or otherwise become offensive or dangerous to public health.

B. It shall be the duty of persons having ashes from the burning of coal or wood to allow the ashes to cool and be placed in a disposable container, be it a plastic or paper bag or cardboard box, so as to control and prevent fire when placed in the collection vehicle.

C. Ash, rubbish and garbage receptacles shall be placed where their contents can be easily and speedily collected, at the alley when a maintained alley abuts the property. In other cases, receptacles shall be placed adjacent to the street. Such receptacles shall be removed from the public right-of-way by the next day.

(Ord. 467 § 1 (part), 1994)

8.11.060 Throwing rubbish in streets or burning garbage or rubbish prohibited.

A. No person shall throw or deposit any ashes or cans, broken glass, bottles, dishes, iron, wire or household dirt, waste, rags, paper, handbills, or discarded clothes, furniture, vehicles or rubbish of any kind upon any street, alley or public place, or on any lot, whether vacant or not, or on any other place in the Town, or on their own premises, except in the ash or rubbish receptacles provided therefor.

B. Persons delivering coal or other materials that litter an alley, street, pavement or sidewalk shall immediately sweep or clean the pavement of such litter and burn the same, or place in the rubbish receptacle.

C. No person shall burn combustible rubbish or garbage in any ash pit or can so as to produce odor or smoke therefrom.

(Ord. 467 § 1 (part), 1994)


Any person convicted of violating any of the provisions of this chapter shall be punished by a fine of not to exceed three hundred dollars, or by imprisonment for not more than ninety days, or by both such fine and imprisonment.

(Ord. 467 § 1 (part), 1994)


If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this chapter.

(Ord. 467 § 2 (part), 1994)

Chapter 8.12 LIQUEFIED PETROLEUM GASSections:

8.12.010 Definition.

8.12.020 Equipment—Appliances.

8.12.030 Conformance required.

8.12.040 Installation—Recordation.

8.12.050 Installation—Inspection.

8.12.060 Special provisions for facilities filling liquefied petroleum gas containers.

8.12.070 Tank trucks.


8.12.010 Definition.

The term "liquefied petroleum gas" as used in this chapter means and includes any material which is composed predominantly of any of the following hydrocarbons or mixtures of the same: propane, propylene, butanes (normal butane or isobutane) and butylenes.

(Ord. 364 § 3; 1982)

8.12.020 Equipment—Appliances.

The term "liquefied petroleum gas equipment" as herein referred to is construed to embrace all devices, piping and equipment pertinent to the use of liquefied petroleum gas, except gas-burning appliances. The term "appliances" as herein referred to is construed to embrace all gas-burning appliances intended for use with liquefied petroleum gas.

(Ord. 364 § 3, 1982)

8.12.030 Conformance required.

All installations of liquefied petroleum gas equipment shall be in conformity with the provisions of this chapter, with the statutes of the state and with any orders, rules or regulations issued by authority thereof and with generally recognized standards for safety to persons and property.

(Ord. 364 § 3, 1982)

8.12.040 Installation—Recordation.

Every person, firm or corporation installing liquefied petroleum gas equipment other than gas-burning appliances and replacing of portable cylinders, in the Town, shall keep a record of each such installation, showing the name and address of the customer at whose place the liquefied petroleum gas equipment has been installed and the date of the installation, and shall disclose such record to the chief of the fire department and/or the state inspector of oils at any time, at his request, during regular business hours.

(Ord. 364 § 3, 1982)

8.12.050 Installation—Inspection.

The chief of the fire department shall inspect the installations, record of which has been kept in accordance with the provisions of Section 8.12.040, at such times as in his discretion he may see fit, but not less than once every six months.

(Ord. 364 § 3, 1982)

8.12.060 Special provisions for facilities filling liquefied petroleum gas containers.

In addition to the provisions specified in Sections 8.12.010 through 8.12.050, plants designed for the filling of liquefied petroleum gas containers shall comply with the following requirements:

A. In no case shall any bulk storage plant tank be located within fifty feet of any building not physically connected with such plant or within fifty feet of any adjoining property line which may be built upon.

B. Artificial lighting shall be restricted to electricity. In buildings or portions of buildings containing liquefied petroleum gas storage containers, and in buildings or portions of buildings where cylinders or tank trucks are filled, all electrical equipment for light and power shall be of spark proof and explosive proof type. Heating shall be by steam, hot water or hot air, with heating units located in a separate building provided for this purpose or in a separate room cut off from all other portions of the building by vapor tight fire-resistant walls and with entrance from the outside.

Provided, however, that the provisions of this section shall not apply to office buildings and other buildings or structures on the same property which are not used for filling containers or other similar operations.

(Ord. 364 § 3, 1982)

8.12.070 Tank trucks.

Tank trucks used in the distribution of liquefied petroleum gas shall conform to provisions set out in Section 8.12.030.

(Ord. 364 § 3, 1982)


Any person who violates any of the provisions of this chapter, or who after notice from the chief of the fire department or the state inspector of oils, fails to correct any nonconforming installations within twenty days after receiving such notice, shall be punished in accordance with the provisions of Chapter 1.20.010 and/or 1.01.100.

(Ord. 364 § 3, 1982)

Chapter 8.15 TRAILERS, CAMPERS AND TENTSSections:


8.15.020 Parking on public property.

8.15.030 Using a trailer, tent as a dwelling unit.

8.15.040 Severance clause.


As used in this chapter:

"Trailer coach" means any vehicle or similar portable structure having no foundation other than wheels, jacks or skirtings and designed or constructed as to permit occupancy for dwelling or sleeping purposes.

"Trailer coach park" means any plot or ground upon which two or more trailer coaches, occupied for dwelling or sleeping purposes, are located, which provides adequate water, sewerage and electric service to the inhabitants of such trailer park.

(Ord. 488 § 1 (part), 1996)

8.15.020 Parking on public property.

No house trailer, auto trailer, trailer coach, camper trailer or tent shall be parked or placed on any of the streets, alleys or other public ways of the Town for a period longer than seventy-two hours.

(Ord. 488 § 1 (part), 1996)

8.15.030 Using a trailer, tent as a dwelling unit.

A. No person shall use or occupy any house trailer, auto trailer, trailer coach or tent for more than two weeks on the premises of any occupied dwelling, nor for more than two weeks on any lot which is not a part of the premises of any occupied dwelling.

B. It is unlawful for any person to use or occupy a trailer coach, camper trailer, auto trailer, or tent for human habitation within the Town limits for more than two weeks, except in a trailer coach park or with prior approval of the Board of Trustees. It is unlawful for any person to permit such parking, use or occupancy on property which he owns or controls.

(Ord. 488 § 1 (part), 1996)

8.15.040 Severance clause.

If any section or part of this chapter is declared to be invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

(Ord. 488 § 2 (part), 1996)

Chapter 8.16 EXPLOSIVESSections:

8.16.010 Storage or parking of tank vehicles.

8.16.020 Storage of explosive material.

8.16.010 Storage or parking of tank vehicles.

It is unlawful to store or cause to be stored or parked, any tank vehicle carrying flammable liquids or gases upon any streets or ways or avenues of the Town, or in any other part of the Town, except those areas zoned for such uses.

(Ord. 364 § 3, 1982)

8.16.020 Storage of explosive material.

It is unlawful for any person to store within the Town limits or within one mile thereof any amount of gunpowder, nitroglycerine, dynamite or other high explosives in excess of one fifty-pound box or in excess of five hundred caps or other devices used for the detonation of such high explosives.

(Ord. 364 § 3, 1982)

Chapter 8.20 FIRE CODESections:

DIVISION 1. - IN GENERAL

DIVISION 2. - UNIFORM FIRE CODE

DIVISION 1. IN GENERAL8.20.010 Fire hazards—Abatement required—Penalty.

8.20.015 Smoking within a fifteen-foot radius outside the entryway of buildings.

8.20.020 Right of entry.

8.20.030 Deliberate burning of buildings prohibited.

8.20.040 False alarm.

8.20.050 Interfering with hose, hydrant prohibited.

8.20.060 Turning water on persons—Needlessly handling hose.

8.20.010 Fire hazards—Abatement required—Penalty.

Whenever the fire chief finds in any building or upon any premises or other place in the Town, combustible or explosive matter or dangerous accumulations of rubbish, waste, boxes, shavings, or other flammable materials especially liable to fire, and which accumulation is so situated as to be likely to endanger life or property, or finds obstructions to or on fire escapes, stairs, passageways, doors, or windows liable to interfere with the operations of the fire department or egress of occupants in case of fire; or finds any other condition dangerous to life or property by reason of the fire hazard, he may order the same to be removed or remedied within a reasonable time. Such order shall be complied with by the owner or occupant of such premises or buildings, subject to appeal to the Board of Trustees within twenty-four hours after the service of the order. The board shall review such order at its next regular or at any special meeting called for the purpose. Unless the order is revoked or modified, it shall remain in full force and by obeyed by such owner or occupant. The penalty shall be a fine of not less than three dollars nor more than three hundred dollars for each twenty-four hours of failure to comply with the order.

(Ord. 364 § 3, 1982)

8.20.015 Smoking within a fifteen-foot radius outside the entryway of buildings.

Town of Oak Creek will allow smoking within the fifteen-foot radius of all buildings in the Town, as allowed by House Bill 06-1175, 25-14-207 part 2.

(Ord. No. 581, § 1, 7-13-2006)

8.20.020 Right of entry.

Whenever necessary to make an inspection to enforce any of the provisions of this code or whenever the fire chief has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe, the chief may enter such building or premises to inspect the same or perform any duty imposed upon the chief by this code, in accordance with the provisions of Section 1.16.010.

(Ord. 364 § 3, 1982)

8.20.030 Deliberate burning of buildings prohibited.

It is unlawful for any person to voluntarily burn or cause to be burned any building or other structure, whether standing or demolished or partly standing and partly demolished, and whether owned by such person or by another, within the corporate limits of the Town, except with special permission, as directed by the Town Board.

(Ord. 364 § 3, 1982)

8.20.040 False alarm.

It is unlawful to intentionally make or give a false alarm of fire.

(Ord. 364 § 3, 1982)

8.20.050 Interfering with hose, hydrant prohibited.

It is unlawful for any person other than a duly authorized employee of the Town or a duly authorized employee of any public water system in the Town, to open or draw water from a fire hydrant or any other hydrant, tap or outlet in a public place or park in the Town.

(Ord. 364 § 3, 1982)

8.20.060 Turning water on persons—Needlessly handling hose.

It shall be unlawful for any member of the fire department to willfully turn a stream of water, or cause the same to be done, on any person, or on any goods or other property susceptible to damage by water, except in case of imminent necessity. It shall be unlawful for any person, whether or not a member of the fire department, needlessly to handle the hose or hydrant or other fire apparatus in use.

(Ord. 364 § 3, 1982)

DIVISION 2. UNIFORM FIRE CODE8.20.100 Adoption of the Uniform Fire Code.

8.20.110 Establishment and duties of bureau of fire prevention.


8.20.130 Amendments to the Uniform Fire Code.

8.20.100 Adoption of the Uniform Fire Code.

There is hereby adopted by the Oak Creek Board of Trustees for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, that certain Code known as the Uniform Fire Code, including Appendix Chapters I-C, II-A, II-B, II-E, II-F, III-A, III-B, III-C, V-A, VI-A, VI-B, VI-D, VI-E, VI-F, together with the Uniform Fire Code Standards published by the International Fire Code Institute, being particularly the 1997 editions thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 8.20.130 of this ordinance, three copies of which have been and are now filed in the office of the Oak Creek Town Clerk and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this resolution shall take effect, the provision thereof shall be controlling within the limits of the Town of Oak Creek.

(Ord. No. 531, § 1, 9-13-2001)

8.20.110 Establishment and duties of bureau of fire prevention.

2.1 The Uniform Fire Code as adopted and amended herein shall be enforced by the Bureau of Fire Prevention (or other designated agency) in the fire division of the Oak Creek Fire Protection District which is hereby established and which shall be operated under the supervision of the chief of the fire department.

2.2 Enforcement of the Uniform Fire Code including, but not limited to, permits and inspections shall be performed pursuant to the fire codes and regulations adopted by the Town of Oak Creek.

(Ord. No. 531, § 2, 9-13-2001)


3.1 Whenever the word "jurisdiction" is used in the Uniform Fire Code, it is Town of Oak Creek.

(Ord. No. 531, § 3, 9-13-2001)

8.20.130 Amendments to the Uniform Fire Code.

4.1 Amendment of Section 902.2.1 REQUIRED ACCESS

The Uniform Fire Code is amended and changed in the following respects: Section 902.2.1, Required Access is amended to read as follows:

Fire apparatus access roads shall be provided in accordance with Section 901 and 902.2 for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet (42720 mm) from fire apparatus access as measured by an approved route around the building or facility.

See also section 902.3 for personnel access to buildings.

Exceptions:

1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of Sections 902.2.1 and 902.2.2 may be modified by the chief.

2. When access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades or other similar conditions, the chief is authorized to require additional fire protection as specified in Section 1001.9.

3. When there are not more than two Group R, Division 3, or Group U Occupancies, the requirements of Sections 902.2.1 and 902.2.2 may be modified by the chief.

The Chief is authorized to require two means of access in accordance with section 902.1 for a development having sites serving twenty-five or more dwelling units.

For a development having sites serving less than twenty-five dwelling units, two means of access may be required when it is determined by the chief that access by a single road might be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access.

For high-piled combustible storage, see Section 8102.6.1.

For required access during construction, alteration or demolition of a building, see Section 8704.2.

4.2 AMENDMENT OF SECTION 902.2.2.1 DIMENSIONS

The Uniform Fire Code is amended and changes in the following respects: Section 902.2.2.1, Dimensions is amended to read as follows:

Fire apparatus access roads shall have an unobstructed width of not less than twenty-two feet and an unobstructed vertical clearance of not less than thirteen feet six inches.

4.3 AMENDMENT OF SECTION 902.2.4.1 GENERAL

The Uniform Fire Code is amended and changes in the following respects: Section 902.2.4.1, General I amended by the addition of the following:

Areas requiring Fire Apparatus Access Roads as determined by the chief shall be shown on the project's plans and final plat and shall be posted and maintained at all times from the time of construction. Fire Apparatus Access Roads shall be a minimum of twenty-two feet wide and forty feet long and become a dedicated emergency access easement to the Oak Creek Fire Protection District.

4.4 AMENDMENT OF SECTION 1006.2.7 PORTABLE FIRE EXTINGUISHERS

The Uniform Fire Code is amended and changes in the following respects: Section 100.2.7, Portable Fire Extinguishers should be amended as follows:

A sodium bicarbonate or potassium bicarbonate dry chemical type portable fire extinguisher having a minimum rating of 40:B or potassium acetate or potassium carbonate-type portable fire extinguisher having a minimum capacity of six liter and a minimum rating of 1B:C shall be installed within thirty feet (9144 millimeter) of commercial food heat-processing equipment, as measured along an unobstructed path of travel.

4.5 AMENDMENT OF SECTION 1203 MEANS OF EGRESS OBSTRUCTION

The Uniform Fire Code is amended and changes in the following respects:

Section 1203, Means of Egress Obstruction is amended by the addition of the following:

All exits to a public way shall be designed to be a minimum of four feet wide and of an all-weather surface capable of being maintained unobstructed year round.

(Ord. No. 531, § 4, 9-13-2001)

Chapter 8.30 PARK SAFETYSections:

8.30.010 Hours closed.

8.30.020 Motorized vehicles.

8.30.030 Parking of vehicles.

8.30.040 Consumption of alcohol.

8.30.050 Extended hours.

8.30.060 Camping.

8.30.010 Hours closed.

Park land shall be closed to the public from 10:30 p.m. to 7:30 a.m., seven nights a week.

(Ord. 348 § 2, 1981)

8.30.020 Motorized vehicles.

No motorized vehicles shall be allowed on any park lands, except in areas designated specifically for parking or vehicular traffic. Parking in Town Park shall be restricted to the area west of the concession stand and no vehicular traffic shall be allowed beyond this point. Said parking area shall be clearly posted.

(Ord. 348 § 2, 1981)

8.30.030 Parking of vehicles.

Parking of vehicles, in any area of Town Park, shall not be allowed from 10:30 p.m. to 7:30 a.m., seven nights a week.

(Ord. 348 § 2, 1981)

8.30.040 Consumption of alcohol.

The consumption of alcohol on any park lands is by permit only. Such special permit will be issued only in accordance with Ordinance 343.

(Ord. 348 § 2, 1981)

8.30.050 Extended hours.

Permission for using park lands, during the hours they are normally closed, may be requested from the Board of Trustees.

(Ord. 348 § 2, 1981)

8.30.060 Camping.

Camping on park lands shall be prohibited.

(Ord. 348 § 2, 1981)

Chapter 8.34 EMERGENCY RESPONSE PROCEDURESSections:

8.34.010 Disaster or emergency response procedures.

8.34.020 Line of succession of mayor.

8.34.030 Conflicting ordinances, orders, rules and regulations suspended.

8.34.040 Applicability of state law in disaster situations.

8.34.050 Violation of regulations.

8.34.060 Penalty.

8.34.010 Disaster or emergency response procedures.

A. Proclamation. The Mayor shall have the power to declare by proclamation that a state of disaster exists, when in his/her opinion a disaster has occurred or the threat of a disaster is imminent.

B. Proclamation in Writing. The proclamation of disaster shall be in writing and shall describe the nature of the disaster, the area threatened, the conditions which have brought it about, and the conditions that would remedy it. Such proclamation shall be delivered to the Town Clerk who shall ensure proper publication and dissemination of information to the public.

C. Duration.

1. A state of disaster shall remain in effect until the Mayor declares by proclamation that the threat of danger has passed or that the disaster conditions no longer exist. However, a state of disaster shall not be continued or renewed for a period in excess of seven days unless the Town Board approves a longer duration.

2. The Town Board may, by motion, terminate a state of disaster at any time and the Mayor shall immediately issue a proclamation effecting the same.

D. Disaster and Emergency Response Powers.

1. In addition to any other powers the Mayor may have in order to respond to a disaster, the Mayor may exercise the following powers subsequent to issuance of the disaster proclamation:

a. Order the closure of all retail malt, vinous and spirituous liquor outlets and all fermented malt beverage outlets and order the closure of all private clubs wherein the consumption of intoxicating liquor or beer is permitted;

b. Prohibit the sale or distribution of any gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;

c. Order the closure of gasoline stations and other establishments whose principal business activity is the sale or distribution of liquid flammable or combustible materials;

d. Prohibit the sale or distribution of any firearms or ammunition of any character whatsoever and order the closure of any or all establishments or portions thereof which engage in the sale, distribution, dispensing or giving away of firearms or ammunition;

e. Prohibit access or entry to designated areas of the Town except by bona fide residents living or working within the restricted area;

f. Establish a communications headquarters to be the sole source of the dissemination of all public information relating to the disaster.

(Ord. 515 § 1, 1999)

8.34.020 Line of succession of mayor.

If the Mayor is unable to perform the duties or functions set forth in this chapter, then the powers and duties conferred upon the Mayor shall be performed in descending order, as follows: by the Mayor pro tempore, then by the Town Board Member most senior in length of service, then by the Town Board Member whose last name begins with a letter that is the closest to the beginning of the alphabet.

(Ord. 515 § 2, 1999)

8.34.030 Conflicting ordinances, orders, rules and regulations suspended.

Any orders, rules and regulations promulgated during a proclaimed state of disaster shall take precedence over existing ordinances, rules and regulations if a conflict arises.

(Ord. 515 § 3, 1999)

8.34.040 Applicability of state law in disaster situations.

The implementation of the provisions of this chapter during a proclaimed state of disaster shall be subject to applicable provisions of Title 24, Article 32 of the Colorado Revised Statutes, as amended.

(Ord. 515 § 4, 1999)

8.34.050 Violation of regulations.

It is unlawful for any person to violate any of the provisions of the chapter or of the regulations or plans issued pursuant to the authority contained in this chapter or to willfully obstruct, hinder or delay any person in the exercise of any duty or authority pursuant to the provisions of this chapter.

(Ord. 515 § 5, 1999)

8.34.060 Penalty.

Any person convicted of a violation of any section of this chapter or of any regulations or plan issued pursuant to the authority contained herein shall be punished by a fine or by imprisonment or by both such fine and imprisonment pursuant to the Oak Creek Municipal Code.

(Ord. 515 § 6, 1999)

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