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