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HomeMy Public PortalAboutOrdinance 397TOWN OF FRASER ORDINANCE NO. 397 Series 2012 AN ORDINANCE ADDING SECTION 10 -2 -105 TO THE FRASER TOWN CODE ADDRESSING UNLAWFUL CONDUCT ON PUBLIC PROPERTY. WHEREAS, the Fraser Town Board considers it to be in the public interest to ensure that public buildings and property within the Town are maintained for the use and enjoyment of its citizens and guests; and WHEREAS, from time to time the Town Manager and /or Town Board! may find it necessary to enact rules and regulations on the use of public buildings and property to ensure the public's health and safety; and WHEREAS, the Fraser Town Board believes that an ordinance defining Unlawful Conduct on Public Property is necessary to enforce those regulations efficiently. NOW THEREFORE, BE IT ORDAINED by the Fraser Town Board, Colorado that the following section be added to the Town Code as follows: Part 1: Section 10 -2 -105 Unlawful Conduct on Public Property: (1) It is unlawful for any person to enter or remain in any public building or on any public property or to conduct himself or herself in or on the same in violation of any order, rule, or regulation concerning any matter prescribed in this subsection (1), limiting or prohibiting the use or activities or conduct in such public building or on such public property, issued by any officer or agency having the power of control, management, or supervision of the building or property. In addition to any authority granted by any other law, each such officer or agency may adopt such orders, rules, or regulations as are reasonably necessary for the administration, protection, and maintenance of such public buildings and property, specifically, orders, rules, and regulations upon the following matters: (a) Preservation of property, vegetation, wildlife, signs, markers, statues, buildings and grounds, and other structures, and any object of scientific, historical, or scenic interest; (b) Restriction or limitation of the use of such public buildings or property as to time, manner, or permitted activities; (c) Prohibition of activities or conduct within public buildings or on public property which may be reasonably expected to substantially interfere with the use and enjoyment of such places by others or which may constitute a general nuisance or which may interfere with, impair, or disrupt a funeral or funeral procession; (d) Necessary sanitation, health, and safety measures, consistent with section 25 -13 -113, C.R.S.; (e) Camping and picnicking, public meetings and assemblages, and other individual or group usages, including the place, time, and manner in which such activities may be permitted; (f) Use of all vehicles as to place, time, and manner of use; (g) Control and limitation of fires, including but not limited to the prohibition, restriction, or ban on fires or other regulation of fires to avert the start of or lessen the likelihood of wildfire, and the designation of places where fires are permitted, restricted, prohibited, or banned. (2) No conviction may be obtained under this section unless notice of such limitations or prohibitions is prominently posted at all public entrances to such building or property or unless such notice is actually first given the person by the officer or agency, including any agent thereof, or by any law enforcement officer having jurisdiction or authority to enforce this section. 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; and provided further, the fact that any fee, rate or schedule previously adopted by the Town of Fraser has been omitted from this Ordinance shall not operate as a repeal of such fee, rate or schedule, but the same shall remain in effect. PART 4: 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 5: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after publication thereof as provided by law. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 18 DAY OF JULY, 2012. Votes in favor: Votes opposed: Votes abstained: ATTEST: Lu Berger, Town CI Published in the Middle Park Times on July 2p, 2012_ TOWN FRASE COLORADO Pegg Mayor