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HomeMy Public PortalAboutOrdinance 509 Amendment Chapter 7 Article 2 of the Fraser Town Code Graffiti Vandalism NuisanceTown of Fraser Ordinance NO. 509 Series 2024 AN AMENDMENT CHAPTER 7 ARTICLE 2 OF THE FRASER TOWN CODE GRAFFITI VANDALISM NUISANCE WHEREAS, the Town of Fraser would like to define graffiti vandalism as a public nuisance. NOW, THEREFORE, BE IT ORDAINED BY THE FRASER BOARD OF TRUSTEES, THAT: PART 1: AMENDMENT OF MUNICIPAL CODE. Section 7-2-10 of the Fraser Town Municipal Code (herein sometimes referred to as the "Municipal Code") are hereby amended as follows [Note: additions are shown in bold underlined print; deletions are shown as str+kethrough print]: Sec. 7-2-10. Nuisance defined. (a) It shall be unlawful to place, discard or abandon any of the following where such is visible from a public right- of -way, public property, or other place of public access. Any such item is hereby declared to be a public nuisance and any person causing or permitting any such nuisance shall be in violation of this Article. (1) Storage of construction or building materials unless such materials are neatly stacked and organized. (2) Abandoned, discarded or unused objects, or objects that are no longer being used for their intended purpose such as indoor furniture, mattresses, bedframes, dressers, electronics, appliances, machinery, scrap metal, auto or mechanical parts, or any other such item. (3) Any accumulation of rubbish or household garbage. (4) Tires except seasonal tires that are neatly stacked or stored against part of a fixed building structure such as a house, garage, or shed. Automobiles, vehicles, trailers, recreational vehicles in a state of disassembly, disrepair, or in the process of being stripped or dismantled unless such is enclosed within a garage. Only one (1) unlicensed or unregistered vehicle is permitted per property. (6) Any shelter or covering made of plastic, cloth, or similar material with tears or holes larger than twenty-four (24) inches. (b) Any activity or condition which has been declared to be a public nuisance by state courts or statutes or known as such at common law shall constitute a public nuisance in the Town, and any person causing or permitting any such public nuisance shall be in violation of this Article. (5) (c) Graffiti vandalism is a public nuisance as declared in Section 30, Article 4, Chapter 10 of this Code. PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. PART 5: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 3 DAY OF ,doa. . BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO Votes in favor: 7 Votes opposed: 0 Votes abstained: 0 BY: ATTEST: Interim Acting Mayor Town Clerk Published in the Middle Park Times on Sc�,y� I I , .