Morrison City Zoning Code

   (a)   Morrison shall have all the power of local self-government and home rule possible under the State Constitution. All such powers shall be exercised in a manner consistent with the United States Constitution, the State Constitution, and this Charter.

   (b)   Except as otherwise provided in this Charter, the Town shall also have all powers granted to cities and towns under State statutes.

   (c)   The enumeration of specific powers in this Charter shall not be considered as limiting or excluding any other power under Article XX of the State Constitution or any other applicable constitutional provision.

The Town shall be governed by a Board of seven (7), comprised of six (6) Trustees and a Mayor, who shall be elected at large, unless otherwise provided by ordinance.

The Board shall be the legislative and governing body of the Town and shall exercise all powers conferred to it by this Charter and shall adopt such ordinances and resolutions as it shall deem proper.

Each Board Member and the Mayor when nominated and elected shall be 21 years of age, shall be a citizen of the United States, a registered voter of this Town and shall have resided in the Town or any territory hereafter annexed for one year immediately preceding such election. The Board shall be the judge of the election and qualifications of its own members.

Terms of office of members of the Board shall be four years and shall be overlapping.

The members of the Board shall be entitled to receive such compensation as may be prescribed by ordinance, provided, however, that the compensation of any member during such member's term of office shall not be increased or decreased.

      (1)   A "conflict of interest," for purposes of this Article, means any pecuniary, property or commercial benefit of any person covered by this Article, or of any parent, spouse, sibling, or child of such person. However, a "conflict of interest" does not include any matter involving the common public interest, or any matter in which a similar benefit is conferred or is available to all persons or property similarly situated.

      (2)   No person subject to the requirements of this Article shall fail to comply with the applicable disclosure and non-action requirements of this Section.

      (1)   If the Mayor or a Trustee has a conflict of interest with regard to any matter before the Board, he or she shall follow the disclosure and other requirements of this section. The Board shall be the final arbiter of conflicts of interest of its members.

      (2)   At or before the time the matter is heard, the member shall disclose the interest to the Board. The member shall not vote on or otherwise take any formal action concerning the matter, shall not participate in any executive session concerning the matter, and shall refrain from attempting to influence any other member in voting on the matter other than as a citizen in an open meeting on the record.

      (1)   Neither the Mayor or any Trustee shall use for personal or private gain, or for any other personal or private purpose, any information which is not available to the public and which is obtained by reason of the person's position with the Town, or disclose any such information except as required by law.

      (2)   The provisions of this article shall be in addition to any applicable conflict of interest provisions of the State Statutes that are at least as restrictive as this article, and shall supersede any such conflict of interest provisions of the State Statutes that are less restrictive than this Article.

The Board of Trustees has the power, by appointment, to fill all vacancies on the Board, including Mayor, or any other office, and the person so appointed shall hold office until the next regular election and until a successor is elected and takes the oath of office. The Board may also order a special election to fill the vacancy until a successor has been elected following the next regular election. A special election may not be ordered to fill a vacancy if the vacancy occurs 120 days or less before a regular election.

Before entering upon the duties of office, every Trustee, the Mayor and other Town officers as defined by ordinance shall take, subscribe before and file with the Town Clerk an oath or affirmation supporting the Constitution of the United States, the Constitution of the State of Colorado, this Charter and the ordinances of the Town and affirming they will faithfully perform the duties of the office.

   (a)   The Mayor shall be elected for a term of four years. (9-26-2000)

   (b)   The Mayor shall preside at meetings of the Board and shall exercise such powers and perform such other duties as shall be conferred on the office by this Charter, the ordinances of the Town or by the Board. The Mayor shall have all the powers, rights, privileges and obligations of a Board member including the right to vote on all matters. The Mayor shall be recognized as head of the Town government for all ceremonial and legal purposes and shall execute all legal instruments requiring official signatures. The Mayor shall be responsible for the efficient administration of the affairs of the Town as required by this Charter and the policies and directives of the Board, subject to modification of this responsibility and authority in the event of appointment of a Town Manager and upon definition of his/her authority and responsibility by ordinance.

The Mayor Pro Tem shall be elected from the Board membership by a majority vote of the entire Board. This election shall take place at the organizational meeting following each general Municipal election.

The Mayor Pro Tem shall serve until the next organizational meeting unless sooner removed by a majority vote of the entire Board. In the absence or disability of the Mayor, the Mayor Pro Tem shall perform all duties and have all powers of the Mayor. If a vacancy occurs in the Office of Mayor Pro Tem, the Board shall elect a successor.

The Board of Trustees shall have the power to remove its members from office, including the Mayor, for cause upon written notice and opportunity for a hearing. Removal from office shall require at least five votes for removal. Without limiting other cause, three (3) consecutive unexcused absences shall be grounds for removal.

The Board shall meet regularly at least twice each month on a day and hour to be fixed by resolution. The agenda of each regular meeting shall be posted in one (1) place accessible to the public within the Town and on the Town's website at least seventy-two (72) hours in advance of such meetings. The Board shall determine the rules and procedures governing meetings. The first regular meeting following each general Municipal election shall be the organizational meeting of the Board.

Special meetings shall be called by the Town Clerk upon the request of the Mayor, of any two members of the Board, or the Town Manager, on at least forty-eight (48) hours written notice personally delivered to, or delivered to the residence of, each member of the Board and posted in one (1) place accessible to the public within the Town and on the Town's website. A special meeting, however, may be held on shorter notice, but only after a reasonable attempt to provide actual notice to each Board member, if a quorum of the Board approves. No business shall be transacted at any special meeting of the Board unless it has been stated in the posted notice of such meeting.

A majority of the members of the Board in office at the time shall be a quorum for the transaction of business at all Board meetings but in the absence of a quorum a lesser number may adjourn any meeting to a later time or date. In the absence of all members, the Town Clerk may adjourn any meeting for not longer than two (2) weeks.

1.   All regular and special meetings of the Board, except executive sessions as defined below, shall be open to the public and citizens shall have a reasonable opportunity to be heard under such rules and regulations as the Board may prescribe.

2.   Any meeting of the Board of Trustees may be recessed by a two-thirds vote of those present in order to hold an executive session, which shall be closed to the public, for any of the following purposes:

   (b)   To determine a position relative to issues subject to negotiation, to receive reports on the progress and status of negotiations, to develop strategy, and to instruct negotiators;

   (c)   To consider the purchase, sale or lease of property by the Town;

   (f)   For matters critical to the personal safety of members of the Board and for matters involving the protection and security of Town property.

   (g)   For classified or confidential police matters, subject to criteria the Board may establish by ordinance.

   (i)   To consider additional matters which are permitted to be the subject of an executive session, including, without limitation, what may be permitted under the Open Meetings Law, as the same may be amended from time to time, or under court decisions.

3.   No board, commission or committee of the Town shall hold an executive session, except in accordance with subsection 2 above.

4.   No final policy, final decision, resolution, rule, ordinance or regulation, and no action approving a contract or calling for the payment of money shall be adopted in an executive session.

The Board shall act only by ordinance, resolution or motion. All legislative enactments shall be in the form of ordinances and all other actions, subject to the provisions of section 3.7 shall be in the form of resolutions or motions. A true copy of every resolution and ordinance adopted shall be numbered and recorded in the official records of the Town.

   (a)   Each member's vote on an ordinance or resolution shall be recorded in the minutes.

   (b)   Except where a greater number is required in this Charter, the final adoption of any ordinance, resolution or motion, shall require the affirmative vote of a majority of the members present. Passage of an ordinance shall require four (4) affirmative votes.

   (c)   No member of the Board shall vote on any matter concerning the member's own conduct.

   (d)   No member of the Board shall vote on any matter in which the member has a conflict of interest, as defined in section 2.6.

   (e)   Except as provided in subsections (c) and (d) of this section, each member of the Board who is present shall vote on each matter. Any refusal to vote, except when an abstention is required by subsections (c) or (d) of this section, shall be recorded as an affirmative vote.

In addition to such acts of the Board as are required by the Colorado Constitution or this Charter to be by ordinance, every act of the Board authorizing the borrowing of money, imposing a new tax or increasing a tax rate, or establishing a regulation for the violation of which a fine, imprisonment, or forfeiture may be imposed, shall be by ordinance.

   (a)   Every ordinance shall be introduced in printed form. The enacting clause of all ordinances shall be: BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF MORRISON, COLORADO:

   (b)   Except as otherwise provided in this Charter, all ordinances shall take effect fifteen (15) days after publication following final adoption. Unless otherwise specifically provided in the ordinance, every ordinance shall be deemed to contain a severability clause whether stated therein or not.

   (a)   The following procedure shall be followed in adopting any ordinance except an emergency ordinance:

      (1)   The ordinance shall be introduced by motion at a regular or special meeting of the Board of Trustees.

      (2)   Before being introduced, an ordinance, except an emergency ordinance, shall have been posted in full in one (1) place accessible to the public in the Town of Morrison, and posted in full on the Town website, at least 72 hours before its introduction, not counting an intervening Saturday or Sunday. Additionally, copies of the ordinance shall be available to the public at the meeting at which it is introduced.

      (3)   The ordinance shall be read by title.

      (4)   After the reading, and any discussion, the Board shall vote to amend, and adopt as amended, adopt, or reject the ordinance, or take such other action as it deems appropriate.

      (5)   If the ordinance is adopted it shall be published as provided in section 3.14.

      (6)   Prior to taking final action on the ordinance, the Board of Trustees may permit public comment on the ordinance.

      (7)   The ordinance shall be signed by the Mayor and attested by the Town Clerk, and affidavits of publication shall be retained with the ordinance in the Town's records.

      (9)   The above procedures for notice before introduction and public comment may be modified by the Board of Trustees to meet requirements of the Town or applicable State Statute for notice and public hearing in specific matters.

   (a)   An emergency ordinance shall require the affirmative vote of three- fourths (3/4) of those present, but in no case less than five (5) affirmative votes. The facts showing the emergency shall be specifically stated in the ordinance. The Board of Trustees' determination of an emergency shall be conclusive.

   (b)   An emergency ordinance may be introduced and finally adopted at any regular or special meeting and shall not require posting prior to introduction and adoption. An emergency ordinance shall take effect upon final adoption or on such later date as specified in the ordinance. Following final adoption, an emergency ordinance shall be published in full as set forth in Section 3.14 below.

The Board of Trustees shall cause ordinances of a general and permanent nature to be codified. The codification, or any revisions to the code, may be adopted by reference as provided in Section 3.12.

The Board of Trustees may adopt, by ordinance, any code by reference. The procedure for adoption of a code by reference shall be as provided in the Colorado statutes applicable to the adoption of codes by reference, or such other procedure as the Board of Trustees may provide by ordinance. Every ordinance adopting a code by reference shall contain a notice that copies of the Code are available at the office of the Town Clerk. Any penalty clause in such a code may be adopted only if set forth in full in the adopting ordinance.

All public records of the Town shall be open for inspection by any person in accordance with applicable Colorado law concerning public records.

Wherever publication is required by this Charter, it shall mean posting in one (1) place within the Town accessible to the public, and contemporaneous posting on the Town's website. Locations for posting shall be designated in January of each year by the Board of Trustees. The Board of Trustees may direct publication in a newspaper of general circulation within the Town by title only, title and summary, title and penalty provisions, or in full, at its discretion. Any publication less than in full shall advise where complete copies of the document can be obtained.

Penalties for the violation of Town ordinances shall be established by ordinance. No fine or sentence for such a violation shall exceed the maximum established by the state statute for municipal ordinance violations.

Town elections shall be governed by the Colorado Municipal Election Code and the Fair Campaign Practices Act as they now exist or are hereafter amended or modified except as otherwise provided by this Charter or by ordinance hereafter enacted.

Regular municipal elections shall be held on the first Tuesday in April of even numbered years. Any special municipal election may be called by resolution or ordinance at least thirty (30) days in advance of such election. The resolution or ordinance calling a special municipal election shall set forth the purpose of such election. Polling places for all municipal elections shall be open from 7:00 a.m. to 7:00 p.m. on election day.

No candidate for any municipal office shall have a party affiliation listed on the ballot.

The Town shall constitute one voting precinct, provided that the Board may by ordinance, for the convenience of the registered electors, establish or abolish multiple precincts thirty (30) days or more prior to any election. The Board shall determine the maximum number of registered electors for each precinct and each precinct shall be as substantially equal in the number of registered electors as practicable.

   (a)   Any person holding elective office may be recalled at any time after six months in office, pursuant to the procedures set forth in this Charter and in those state statutes, as from time to time amended, which do not conflict with this Charter, or with ordinances adopted by the Town pursuant to this Charter, and which establish procedures for the recall of municipal elective officers.

   (b)   A recall petition shall be signed by registered electors of the Town equal in number to at least twenty-five percent of the entire vote cast at the last preceding regular election for the office to which the person sought to be recalled was elected, or in the case of a member of the Board of Trustees, twenty-five percent of the vote for all candidates for Trustee divided by the number of Trustees elected at the last regular election.

   (c)   No signature on a recall petition shall be valid if signed on a date more than thirty days prior to the date the signed petition is filed with the Clerk.

   (d)   No separate recall election shall be held if a regular election is scheduled within ninety days after submission of the recall petition. The recall election shall be held at the same time as a regular election scheduled within ninety-days of submission of the recall petition. If the term of the official against whom recall is sought expires at the regularly scheduled election within 90 days, no recall election will be held.

   (e)   After one recall petition and election, no further petition shall be filed against the same person during the term for which such person was elected or appointed, unless the signers number at least fifty percent of the votes cast at the last preceding election for all candidates for the office held by such person, the number to be determined in the manner described in this section.

   (f)   Except as to requirements contained in this Charter and in the state statutes, as from time to time amended, applicable to the recall of municipal elective officers not inconsistent with this Charter or ordinances adopted pursuant to this Charter, the form, content, approval and other petition requirements in the municipal initiative statutes, as from time to time amended, shall apply as nearly as practicable to recall petitions.

   (a)   The registered electors of the Town may initiate a proposed ordinance, pursuant to the initiative power reserved by Article V, Section 1(9) of the State Constitution, as to any legislative matter which is subject to said initiative power. Any initiated measure shall be in the form of an ordinance of the Town. The ordinance shall be initiated pursuant to the State statutes which establish procedures for a municipal initiative, except as otherwise provided in this Charter or in ordinances not inconsistent with this Charter.

   (b)   An initiative petition shall be signed by registered electors of the Town equal in number to at least ten (10) percent of the total number of electors of the Town registered to vote in a Town election as of the date of the last regular election.

   (c)   The Town Clerk shall not count as valid any signature on an initiative petition if the date of the signature is prior to the date the form of the petition was approved by the Town Clerk.

   (d)   The Town Clerk shall not count as valid any signature on an initiative petition if more than ninety (90) days have elapsed between the date the form of the petition was approved by the Town Clerk and the date of the signature.

   (a)   The registered electors may require an adopted ordinance to be referred to them at an election, pursuant to the referendum power reserved by Article V, Section 1(9) of the State Constitution, to the extent the ordinance constitutes a legislative matter which is subject to said referendum power. Such an ordinance shall be referred pursuant to the State statutes which establish procedures for a municipal referendum, except as otherwise provided in this Charter or ordinances not inconsistent with this Charter. The referendum power shall not apply to an emergency ordinance or to an Ordinance calling a special election.

   (b)   A referendum petition shall be signed by registered electors of the Town equal in number to at least ten (10) percent of the total number of electors of the Town registered to vote as of the date of the last regular election except as to referendum petitions pertaining to the award of a franchise, which shall be signed by five (5) percent of the registered electors of the Town as of the date of the last regular election.

   (c)   The Town Clerk shall not count as valid any signature on a referendum petition if the date of the signature is prior to the date the form of the petition was approved by the Town Clerk.

The Board of Trustees shall have the power to submit to a vote of the registered electors of the Town, without receipt of any petition, any proposed or adopted ordinance or any question.

   (a)   No initiated ordinance adopted by the registered electors of the Town may be substantively amended or repealed by the Board during a period of one (1) year after the date of the election on the initiated ordinance.

   (b)   No referred ordinance repealed by the registered electors of the Town may be readopted by the Board during a period of one (1) year after the date of the election on the referred ordinance.

The Board shall appoint a Town Attorney to serve at the pleasure of the Board. The Town Attorney shall be an attorney at law admitted to practice in Colorado. The Town Attorney shall be the legal representative of the Town and shall advise the Board and Town officials in matters relating to their official powers and duties and perform such other duties as the Board may prescribe. The Board shall establish the compensation for the Town Attorney and any assistants or special counsel.

   (a)   Municipal Court. There shall be a Municipal Court vested with jurisdiction of all cases arising under the ordinances of the Town and as may be otherwise conferred by statute or ordinance.

   (b)   Municipal Judges. The Municipal Court shall be presided over and its functions exercised by a Judge or Judges appointed by the Board for a specified term of not less than one year. The Board may reappoint the Municipal Judges for a subsequent term or terms, except that the initial appointment may be for a term of office which expires on the date of the organizational meeting of the Board after the next general election. Any vacancy in the Office of a Municipal Judge shall be filled by appointment by the Board for the remainder of the unexpired term. The Board shall designate a presiding Municipal Judge who shall serve in such capacity during the term for which appointed.

   (d)   Compensation. All Municipal Judges shall receive a salary or compensation set by the Board.

   (e)   Removal. During their term the Municipal Judge may be removed from office only for cause. The following, without limitation, shall constitute cause for removal:

      (2)   A disability which interferes with the performance of their duties and which is, or is likely to become, of a permanent character;

      (3)   Willful or persistent failure to perform the duties of the office.

   (f)   Staff. The Board shall determine by ordinance the organization and staffing of the Municipal Court.

The Board of Trustees may appoint a Town Manager to serve at the pleasure of the Board. The Board shall by ordinance establish the Town Manager duties, responsibilities, and authority.

   (a)   No member of the Board shall dictate the appointment of any person to Town employment, nor the removal of any person from Town employment, except as may be provided by this Charter, nor in any other way interfere with such employment. (9-26-2000)

   (b)   Except for purposes of inquiry, each elected official shall deal with Town employees solely through the Town Manager and no member of the Board shall give orders to any Town employee. The Board of Trustees may modify this principle by formally adopted motion, resolution or ordinance.

   (c)   No individual Board member shall issue a directive or order to the Town Manager. Such directives or orders shall be given as a whole by the Board.

Unless modified by ordinance, the Town Manager shall, under the general supervision of the Mayor and the Board, be responsible for the proper administration of all affairs of the Town placed in the Manager's charge, and to that end shall have the following powers, duties and responsibilities:

   (a)   The Town Manager shall be responsible for the enforcement of the laws, contracts and ordinances of the Town and the implementation of official policies and directives of the Board.

   (b)   The Town Manager shall exercise supervision and control over all Town departments.

   (c)   The Town Manager shall perform such other duties as may be prescribed by this Charter, by ordinance, by other applicable laws, or as may be required by the Board which are not inconsistent with this Charter.

The Board of Trustees may by ordinance establish and eliminate Town departments and establish and define the authority and responsibility of each department head.

Unless otherwise provided by ordinance, the fiscal year of the Town shall begin on the first day of January and end on the last day of December of each year.

   (a)   The Board of Trustees shall adopt an annual budget. Such budget shall present a complete financial plan by fund and by spending agency within each fund for the fiscal year and shall set forth the following:

      (1)   All proposed expenditures for administration, operations, maintenance, debt service, and capital projects to be undertaken or executed by any spending agency during the fiscal year;

      (2)   Anticipated revenues for the fiscal year;

      (4)   The corresponding actual figures for the prior fiscal year and estimated figures projected through the end of the current fiscal year, including disclosures of all beginning and ending fund balances, consistent with the basis of accounting used to prepare the budget;

      (5)   A written budget message describing the important features of the proposed budget, including a statement of the budgetary basis of accounting used and a description of the services to be delivered during the fiscal year; and

      (6)   Explanatory schedules or statements classifying the expenditures by object and the revenues by source.

   (b)   The budget shall not provide for expenditures in excess of available or projected revenues and beginning fund balances.

   (c)   The Board of Trustees may modify the content of the budget and procedure for its adoption by ordinance.

   (d)   So long as required by §29-1-103 C.R.S., or other applicable law, the budget shall set forth, in a supplemental schedule, each of the following:

      (1)   The total amount to be expended during the ensuing fiscal year for payment obligations under all lease-purchase agreements involving real property;

      (2)   The total maximum payment liability of the Town under all lease- purchase agreements involving real property over the entire terms of such agreements, including all optional renewal terms;

      (3)   The total amount to be expended during the ensuing fiscal year for payment obligations under all lease-purchase agreements other than those involving real property; and

      (4)   The total maximum payment liability of the Town under all lease- purchase agreements other than those involving real property over the entire terms of such agreements, including all optional renewal terms.

   (a)   At the same time as the time of adoption of the budget by the Board, the Board shall adopt a five (5) year capital program which shall serve as a guide for the planning of capital improvements.

   (b)   The capital program shall include at least the following information:

      (2)   A list of all capital improvements which are recommended to be undertaken, continued, or completed during the next five (5) fiscal years;

      (3)   Cost estimates and methods and timing of financing the improvements; and

      (4)   The estimated annual cost of operating and maintaining the improvements.

   (c)   The Board of Trustees may modify the requirements of a capital improvement program by ordinance.

At such time and place as the Board of Trustees may direct, at least one (1) public hearing shall be held on the proposed budget and the recommended capital program before adoption. Notice of each public hearing and notice that the proposed budget is available for public inspection, shall be posted on the Town's website, and shall be posted in one (1) place accessible to the public within the Town, at least seventy-two (72) hours before each hearing.

   (a)   Unless another date is provided by ordinance, the Town shall adopt the budget, by resolution, on or before the date provided by law for certification of the ad valorem Property Tax levy. If the Town fails to adopt the budget by the required date, the amounts appropriated for the current fiscal year, together with any additional amounts necessary for payments of principal and interest on securities and other payment obligations, shall be deemed appropriated for the next fiscal year on a month-to-month basis, with all items in it prorated accordingly, until such time as the Town adopts the budget for the next fiscal year.

   (b)   Adoption of the budget shall constitute appropriation of the amounts specified therein as expenditures from the funds indicated, and shall constitute a levy of the ad valorem Property Tax therein provided. The Town shall cause the ad valorem Property Tax levy to be certified as provided by law.

   (c)   Unless as otherwise provided in this Charter or in ordinances not inconsistent with this Charter, procedures concerning supplemental appropriations, transfers, contingencies, and other matters pertaining to the budget, shall be as set forth in the State statutes concerning the budgets of local governments.

During the fiscal year, no Town official, employee, or spending agency shall expend or contract to expend any money, or incur any liability, or enter into any contract which by its terms, involves the expenditures of money in excess of the amounts appropriated. Any contract, verbal or written, made in violation of this section shall be void, and no monies belonging to the Town shall be paid on such contract.

Every appropriation shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered.

The revenues of the Town shall be deposited and invested in accordance with the provisions of applicable State statutes or as otherwise provided by ordinance.

No demand for money against the Town shall be approved or paid unless it is in writing, dated, and sufficiently itemized to identify the expenditure to the Board for payment.

The Board of Trustees shall provide for an independent annual audit of all Town accounts by a certified public accountant selected by the Board, and may provide for more frequent audits as it deems necessary. The accountant selected shall have no direct personal interest in the fiscal affairs of the Town, of any elected official, or of any employee of the Town. Unless another date is provided by ordinance, the audit shall be completed within four (4) months after the close of the fiscal year. Copies of the audit shall be made available for public inspection.

The Town shall have all financial powers, including but not limited to power to levy and collect fees, assessments and taxes of any kind, and the power to borrow money, issue securities or otherwise incur financial obligations, now or hereafter permitted under Article XX, Section 6 of the State Constitution, except as specifically limited herein. Without limiting the generality of the foregoing, the Town shall also have the authority, at its option, to exercise any financial or borrowing powers now or hereafter granted to home rule or statutory municipalities, all subject to applicable requirements for voter approval.

Subject to any applicable limitations in the State Constitution, the Town may borrow money and issue securities or enter into other obligations to evidence such borrowing in any form and in any manner determined by the Board to be advantageous to the Town.

The Board of Trustees may adopt, by ordinance, such taxes as are not prohibited for home rule municipalities by the State Constitution, subject to any applicable limitations in said Constitution, including any applicable voter approval requirements.

   (a)   The Town shall have the power to create local improvement districts, general improvement districts, special taxing districts, urban renewal authorities, housing authorities and other special districts and authorities, as authorized by Colorado statutes for municipalities, or as may be authorized by ordinance of the Town.

   (b)   The Town shall also have the power to create districts and authorities similar to those referred to in paragraph (a) above pursuant to provisions prescribed by the State Constitution or by ordinance, subject to the provisions of this Charter.

   (c)   Without limiting alternative methods of financing, the costs of designing, constructing, installing or acquiring public, local or municipal improvements of every kind and character may be assessed in whole or in part upon the property benefited by such improvements.

   (d)   Money may be borrowed to finance the design, construction, installation or acquisition of such improvements as provided for in Article 9.0 of this Charter, including issuing securities secured by a pledge of assessments against the benefited property in the District. Such obligations shall not require a vote of the electorate unless they create a general obligation debt.

   (e)   The Town may also pay for such improvements out of monies available therefore from any appropriate fund or source and, at its option, provide for repayment to the appropriate fund from collection of the assessments.

   (f)   The Town may also redeem or prepay improvement district securities at any time funds are available to do so and assign the assessments as collected to an appropriate fund of the Town.

Prior to the creation of any district with separate taxing powers or which is intended to assess the costs of improvements against the property within the district, a hearing shall be held with reasonable notice to the owners of record subject to the proposed assessments or within the district.

No action or proceeding at law or in equity to review or question the validity of any acts or proceedings, to enjoin the issuance or payment of any securities or levy or collection of assessments authorized by this Article or for any relief against any acts or proceedings of the Town done under this Article shall be maintained against the Town unless commenced within 30 days after performance of such act or the effective date of the ordinance or resolution complained of, or else be thereafter forever barred.

   (a)   The Town shall have and exercise with regard to all utilities and franchises all municipal powers, functions, and authority now existing and which may be hereafter provided by the State Constitution and State Statutes.

   (b)   The Town shall have the power and authority within or without the territorial limits of the Town to construct, condemn, purchase, acquire and lease public utilities and assets, equipment and everything in relation to or in connection therewith, including, without limitation, real estate or interests therein and water and water rights and interests therein, in whole or in part, for the use of the Town and its inhabitants.

   (c)   Except as otherwise provided by the State Constitution or this Charter, all powers concerning the granting, amending, revoking, terminating or otherwise acting in relation to franchises shall be exercised by the Board.

   (a)   The Board shall from time to time fix, establish, maintain and provide for the collection of rates, fees, and charges for water, sewer, and any other utility services furnished by the Town.

   (b)   In fixing or modifying rates, fees or charges, the Board may consider the sufficiency of rates, fees and charges, in the Board's judgment, to provide good service to the customers, pay all bonded indebtedness, pay legally required refunds, cover the cost of operation, maintenance, additions, extensions, betterments, and improvements, provide a reasonable return on the Town's investment in utility properties and capital investments, and reimburse the general fund for administrative services and overhead provided and incurred by the Town on behalf of each utility, together with a sum which, in the Board's judgment, is equivalent to that which would have been obtained from a franchise fee or utility occupation tax on the utility.

   (c)   The Board shall review the adequacy of utility rates, fees and charges at least every five years.

   (d)   The provisions of this section shall be subject at all times to the performance by the Town of all covenants and agreements made by it in connection with the issuance, sale or delivery of any bonds of the Town, payable out of the revenues derived from the operation of its water, sewer or other utilities, whether such revenue bonds be heretofore or hereafter issued.

   (a)   Grants of franchises and all extensions and amendments shall be granted only by ordinance. The granting of franchises by the Town shall be limited only by the provisions of the State Constitution and statutes which may be applicable to home rule cities as now in effect or as hereafter amended.

No franchise, lease or right to use the streets, or the public places or property of the Town shall be granted for a term which exceeds twenty years. Every grant of a franchise shall fix the amount and manner of payment of compensation to be paid by the grantee for the use of the same.

Each franchise granted under the provisions of this Charter shall include a section specifying a review of said franchise at intervals not greater than every five (5) years.

Any assignment or leasing of a franchise shall be considered a forfeiture unless consent is given by the Board pursuant to the terms of the franchise agreement or by separate ordinance.

The Board shall have the power to require any holder of a franchise from the Town for any public utility to allow the use of its poles, tracks, wire, conduits and other related facilities by any other holder of a franchise granted by the Town or the Town itself, upon the payment of a reasonable rental to the owner thereof. If the franchise holder desiring to use the same cannot agree with the owner regarding said rental and the terms and conditions for such use then the Board, in its discretion, may require payment of a reasonable rental for the use of any rights-of-way, poles, wires, and trenches of any franchise holder and by any franchise holder. The Town may, under the terms prescribed by the Town, allow any franchise holder to use rights-of-way, poles, wires, and trenches of Town-owned utilities.

The Board shall cause to be kept in the office of the Town Clerk and open to the public for view, a franchise record in which shall be maintained copies of all franchises granted by the Town.

The Board may grant a permit at any time for the temporary use or operation of any street, alley or Town owned place, provided such permits shall be revocable by the Board at its pleasure, regardless of whether or not such right to revoke is expressly reserved in such permit.

Each board and commission existing at the time this Charter is adopted shall continue, except as otherwise provided by ordinance. The Board of Trustees may, by ordinance, establish, consolidate or abolish any board or commission.

   (a)   Except as otherwise provided by this Charter or by ordinance, each board and commission shall be advisory in character. The selection of board or commission members, their terms, responsibilities, authority, policies, removal and other matters concerning each board and commission shall be as established by ordinance.

   (b)   The appointment of any board or commission member who is required by ordinance to be appointed by the Board of Trustees shall require the affirmative vote of a majority of the entire Board.

   (c)   Unless otherwise provided by ordinance, the members of each board and commission shall serve without compensation, but may be paid authorized expenses actually incurred in the performance of the duties of office.

   (d)   No board or commission shall hold any executive session except in accordance with procedures which shall be consistent with those established in Section 3.4 and only for the purposes specified in Section 3.4 of this Charter.

The Town shall have the power to buy, exchange, lease, sell, own, control, encumber, hypothecate and dispose of real property and water rights in any reasonable manner directed by the Board of Trustees.

In carrying out the powers and duties conferred or imposed upon it by the State Constitution, this Charter or by State statutes, the Town shall have power to acquire, within or without its corporate limits, interests in real property, buildings and other property, including but not limited to any interest in land and air rights over land, water rights, or mineral rights and may take the same upon paying just compensation to the owner as provided by law.

The Board may lease for such time as the Board shall determine, any real or personal property to or from any person, firm, association or corporation, public and private, governmental or otherwise. Any lease of, or by, the Town of property for a period of more than one (1) year shall be by ordinance. Any lease of, or by, the Town of property for one (1) year or less than one (1) year shall be by resolution or ordinance.

   (a)   Except as otherwise specifically provided in or indicated by the context, all words used in this Charter indicating the present tense shall not be limited to the time of the adoption of this Charter, but shall extend to and include the time of the happening of any event or requirement for which provision is made herein.

   (b)   Except as otherwise specifically provided in or indicated by the context, the singular number shall include the plural, the plural shall include the singular, and the word "person" may extend and be applied to bodies politic and corporate and to partnerships as well as individuals, and the masculine gender shall extend to and include the feminine gender.

The Town, acting through this Charter, as it may be amended from time to time, hereby reserves to itself the power to supersede any law of the State of Colorado now or hereafter in force, insofar as the actions of the Town apply to local or municipal affairs, subject only to the restrictions contained in Article XX of the Colorado Constitution, or other applicable constitutional limitations.

The Town Board, on behalf of the Town, may receive or refuse bequests, gifts, and donations of all kinds of property, tangible or intangible, or other things of value, in fee simple or trust, for public, charitable, or other purposes, and do all things and acts necessary to carry out the purpose of such gifts, bequests, and donations with full power to manage, sell, lease, or otherwise dispose of same.

In the case of riot, insurrection or emergency, threatening imminent harm to persons or property, the Mayor and the Town Manager, if one, acting jointly, if both are reasonably available, shall assume the authority to execute any action necessary for the protection of life and property. Such authority may include but not be limited to establishing regulations governing conduct and activities related to the cause of the emergency, and if the emergency situation continues, the Mayor shall convene the Board of Trustees who may take such action as it deems necessary.

The Board of Trustees may by ordinance provide that a willful or intentional violation of a provision of this Charter shall be deemed a misdemeanor and may be prosecuted in the Municipal Court. Any person convicted of such a violation may be punished by imprisonment for a term not to exceed the maximum term of imprisonment that the Municipal Court is authorized to impose, by a fine in an amount not to exceed the maximum fine that the Municipal Court is authorized to impose, or by both such fine and imprisonment and the court may additionally impose such other sanction or remedy as is within its authority.

If any provision, section or article of this Charter or the application thereof to any person or circumstance shall be found to be invalid by a court of competent jurisdiction, such invalidity shall not affect any remaining portion or section of the Charter which can be given effect without the invalid portion or section, provided that such remaining portions or applications are not determined by the court to be invalid or inoperable and to this end the provisions, sections and articles of the Charter are declared to be severable.

This Charter may be amended at any time in the manner provided by the Constitution of the State of Colorado. Nothing herein contained shall be construed as preventing submission to the people of more than one Charter amendment at any one election. If provisions of two or more proposed amendments adopted or approved at the same election conflict, the amendment receiving the highest affirmative vote shall become effective.

Whenever the date fixed by this Charter or by ordinance for the doing or completion of any act or the happening of any event falls on a Saturday, Sunday, or legal holiday, such act shall be done or completed or the event shall occur on the next succeeding day which is not a Saturday, Sunday or legal holiday.

As used in this Charter, the following words shall have the following meanings unless the context indicates otherwise:

   "Appropriation" shall mean the authorized amount of monies set aside for expenditure during a specified time for a specific purpose.

   "Board," "Board of Trustees" shall mean Board of Trustees of the Town of Morrison, Colorado, consisting of the Mayor and all Trustees.

   "Board or Commission" shall mean the boards or commissions established by or pursuant to article 12.0.

   "Cause" shall mean a substantial breach of an elected official's duties and obligations to the Town, or other elected or appointed officials or employees of the Town, and shall include, without limitation, conviction of a serious crime or misdemeanor, dishonesty, serious neglect of duty or intentional acts causing serious injury to the Town, its property or its interests.

   "Constitution," "State Constitution" shall mean the Constitution of the State of Colorado as from time to time amended.

   "Department" shall mean a distinct functional area or division of Town operations as defined by the Board of Trustees.

   "Employee" shall mean the Town Manager, Town Clerk, Police Chief, each department head, and also means each compensated person in Municipal service who is designated as an employee in the personnel rules, regulations, or policies of the Town.

   "Franchise" shall mean an irrevocable privilege granted by the Town permitting a specified use of public property for a specified length of time.

   "Internet Website" shall mean an electronic medium accessible by the general public through widely available telecommunication devices.

   "Manager", "Town Manager" shall mean that individual appointed to that position pursuant to section 7.1 by the Board of Trustees.

   "Member" shall mean those elected to the Board of Trustees including the Mayor.

   "Officer" shall mean any person elected to office or appointed by the Board.

   "Organizational Meeting" shall mean the first meeting of the Board of Trustees following a regular election.

   "Overlapping Terms" shall mean terms of office of the expiration of which are staggered, as nearly as practicable, so that terms of office for no more than three Trustees expire at one time.

   "Posted" shall mean placed in a manner to be easily read and likely to remain until removed by the Town, in an easily accessible, previously identified location.

   "Public Place" shall mean a place where the public has lawful and reasonably easy access.

   "Qualified Elector" shall mean a person possessing the qualifications entitling them to register to vote in a Municipal election under the Municipal Election Code, article 10 of title 31, Colorado Revised Statutes.

   "Registered Elector" shall mean a qualified elector who has registered to vote in a Town election pursuant to the Municipal Election Code, article 10, title 31, C.R.S.

   "Regular Election" shall mean that Town election held on the first Tuesday in April in even numbered years.

   "State Statutes" shall mean the Statutes of the State of Colorado as from time to time amended.

   "Town" shall mean the Town of Morrison, Colorado.

   "Trustee" shall mean any member of the Board of Trustees except the Mayor.

No action or proceeding contesting the validity or enforceability of any section or provision contained in this Charter shall be brought unless commenced within forty-five days after the adoption of this Charter.

The purpose of this article is to provide for an orderly transition from the present Town government of Morrison to a home rule government under the provisions of this Charter. This article shall constitute a part of this Charter during the transition period only to the extent required to accomplish that purpose.

This Charter shall become effective immediately upon voter approval, except that those provisions of Article 8.0 relating to the preparation and submission of the budget and capital program shall become effective for the next fiscal year following the Charter election. Those provisions in Article 2.0 relating to the election of the Board shall become effective at the first general election scheduled under this Charter to be held in April, 2002.

All ordinances and resolutions of the Town which are not inconsistent with this Charter and which are in force and effect at the effective date of this Charter shall continue in full force and effect until repealed or amended. Any provision of any ordinance, resolution, rule or regulation which is inconsistent with this Charter is hereby repealed.

The present Board of Trustees and Mayor in office at the time of the adoption of this Charter shall continue to serve and carry out the functions, powers and duties of their offices until their successors assume the duties of their offices.

Except as otherwise provided herein, after the effective date of this Charter, all appointive officers and all employees of the Town shall continue in that Town office or employment which corresponds to the Town office or employment which they held prior to the effective date of this Charter as though they had been appointed or employed in the manner provided in this Charter, except that any officer or employee who holds a position which this Charter provides to be held at the pleasure of the appointing officer or body, shall hold such position only at such pleasure regardless of the term for which originally appointed.

All boards and commissions in existence at the time of the adoption of this Charter shall continue to function under the provisions of this Charter and ordinances in effect at the time of its adoption until modified by ordinance.

After the effective date of this Charter, the Town shall be vested with all property, monies, contracts, rights, credits, effects and the records, files, books, and papers heretofore or hereafter belonging to it under and by virtue of operation of any applicable law.

No right or liability, either in favor of or against the Town, existing at the time this Charter becomes effective and no suit or prosecution of any character shall in any manner be affected by any change, resulting from the adoption of this Charter, but the same shall stand or proceed as if no change had been made. All debts and liabilities of the Town shall continue to be the debts and liabilities of the Town and all fines and penalties imposed at the time of such change shall be collected.

The Board of Trustees is hereby authorized to make corrections as to the form, but not the substance, of this Charter, including the correction of syntactical and grammatical errors, so as to make the language of the Charter conform to its intent.

   We, the undersigned, the members of the Town of Morrison Charter Commission, duly elected by the citizens of Morrison at an election held on April 4, 2000, to frame a proposed Home Rule Charter for the Town, do hereby certify that the foregoing is the proposed Charter as finally approved and adopted by the members of the Commission on the 26th day of July, 2000, for submission to the Board of Trustees, and to the registered electors of the Town.

Counsel to the Commission:      Secretary to the Commission:

   I hereby certify that the foregoing is the Home Rule Charter as approved by the registered electors of the Town of Morrison at an election held on September 26, 2000.

   A.   Upon adoption by the Board of Trustees, this Code is hereby declared to be the Official Code of the Town of Morrison.

   B.   This Code shall be known as the MORRISON MUNICIPAL CODE, and it shall be sufficient to refer to the Code as the Morrison Municipal Code, the Municipal Code, or the Morrison Code, in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any portion thereof as an addition to, amendment to, correction or repeal of the Morrison Municipal Code. Further reference may be had to the titles, chapters, sections and subsections of the Morrison Municipal Code, and such references shall apply to that numbered title, chapter, section or subsection as it appears in the Code. (Ord. 261, 4-16-1996)

The Board of Trustees finds, determines and declares that the ordinances codified in this publication are adopted under the general police power of the Town of Morrison and are necessary for the general health, safety and welfare of the community and each bears a rational relation to the proper legislative object sought to be attained. (Ord. 261, 4-16-1996)

   A.   The Board of Trustees shall have the authority to impose and to modify from time to time, by resolution, all fees or charges for applications, petitions or requests for services, actions, permits, reviews or approvals which the Town is authorized under any statute, ordinance, regulation or other law to impose.

   B.   In establishing appropriate fees or charges, the Board of Trustees is authorized to provide that a fee shall be a minimum fee plus the actual, reasonable costs, fees and expenses incurred in the specific action.

   C.   The Board of Trustees is authorized to delegate by resolution the authority to estimate the actual, reasonable costs, fees and expenses which will be incurred by the Town in reviewing or processing any application, petition, request or permit and to require a deposit of this amount or any portion thereof as a condition of acceptance of such application, petition, request or permit by the Town.

ode or established elsewhere in the Code. (Ord. 261, 4-16-1996)

The legislative and corporate authority of the Town is vested in the Mayor and the Board of Trustees. The Board of Trustees shall possess all the legislative powers of the Town and all other corporate powers not conferred by State law or this Code on some other officer of the Town. Its powers shall include the management and control of the finances and all the property, real and personal, belonging to the Town. All references to the Town in this Code shall mean the Town of Morrison, Colorado. (Ord. 261, 4-16-1996)

The Board of Trustees has the power to make and publish ordinances consistent with the laws of the State for purposes of providing for the safety, preserving the health, promoting the prosperity and improving the order, comfort and convenience of the Town and its residents. All references to the Board or Board of Trustees shall mean the Board of Trustees of the Town of Morrison, Colorado. (Ord. 261, 4-16-1996)

The provisions of this Code shall not in any manner affect matters of record which refer to or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code. (Ord. 261, 4-16-1996)

If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the Code. The Board of Trustees hereby declares that it would have passed this Code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this Code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 261, 4-16-1996)

The repeal of any ordinance or part thereof by the adoption of this Code shall not affect, deny, abridge or impair any right, action or cause of action securing or arising under the ordinance or section so repealed, and such right, action or cause of action shall survive notwithstanding such repeal. No offense committed and no fine, forfeiture or penalty incurred before any ordinance or part thereof is repealed by the Code shall be affected, released, or in any way discharged by such repeal, but trial, conviction and punishment for any such offense and the recovery of fines, forfeitures and penalties shall be had in all respects as if the repealed provisions had remained in force. (Ord. 261, 4-16-1996)

The following grammatical rules shall apply in this code, unless it is apparent from the context that a different construction is intended:

   A.   Gender: Each gender includes the masculine, feminine and neuter genders.

   B.   Singular And Plural: The singular number includes the plural and the plural includes the singular.

   C.   Tense: Words used in the present tense include the past and the future tenses and vice versa, unless plainly inapplicable. (Ord. 261, 4-16-1996)

All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 261, 4-16-1996)

Except when otherwise provided, the time within which an act is required to be done shall be computed by including the first day and the last day, unless the last day is Sunday or a holiday, in which case it shall be excluded. (Ord. 261, 4-16-1996)

Title, chapter, and section headings contained in this code shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (Ord. 261, 4-16-1996)

Wherever publication is required by state law or the home rule charter or ordinances of the town, this requirement shall be satisfied by the following:

   A.   Posting: "Publication" means physical posting at one location within the town which shall be accessible by the public twenty four (24) hours per day, and in addition, contemporaneous posting on the town's official website. (Ord. 441, 2-7-2017)

   B.   Affidavit Of Posting: The town clerk shall complete an affidavit of posting attesting to the date of posting of each ordinance or document requiring publication, which shall be kept in the records of the town with the original of the ordinance or document so published.

   C.   Newspaper: In addition to the foregoing publication, ordinances shall be published once by title and penalty provision only in a newspaper of general circulation within the town. The affidavit of such publication shall be maintained by the town clerk in the town records.

   D.   Effective Date: The effective date of any ordinance published in accordance with the procedures set forth above shall be thirty (30) days after adoption and the required publication. (Ord. 358, 11-18-2008)

   A.   General Penalty: Whenever in any section of this Code, or any other ordinance, rule or regulation of the Town, with the exception of title 6, "Motor Vehicles And Traffic," of this Code, the doing of any act is required, prohibited or declared to be unlawful, any person who pleads guilty or nolo contendere, or who is convicted of a violation of any such section shall, for each offense, be fined in a sum of not more than two thousand six hundred fifty dollars ($2,650.00) or shall be imprisoned for a term of not more than three hundred sixty-four (364) days, or shall be both so fined and imprisoned. As a part of such sentence, the court may order restitution to any aggrieved party for actual damage or loss caused by the offense to which a defendant pled guilty, nolo contendere, or was convicted. The defendant shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted, and such person shall be punished accordingly. The Municipal Judge may suspend all or part of a sentence or fine of any defendant, and/or place the defendant on probation for a period not to exceed three hundred sixty-four (364) days.

   B.   Imposition Of Penalty: In all cases where the same offense is made punishable or is created by different clauses or sections of this Code, the prosecuting officer may elect under which clause or section to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.

   C.   Act Constituting Breach: Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this Code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply.

   D.   Collection Of Fines: The Municipal Court Judge, Town Clerk or Town Administrator are authorized to use any lawful method of collecting fines, fees, default judgments, personal recognizance bond forfeitures, and civil penalties due from any person assessed such sums by the Municipal Court, including reasonable costs of collection. The Town shall be entitled to receive the reasonable costs of collection in addition to the amounts otherwise due, and interest at the statutory rate for unpaid civil judgments. Reasonable costs of collection shall include, without limitation, the fees and costs of the Town Attorney or of private counsel or a collection agency, but such fees and costs shall not exceed twenty five percent (25%) of the amount collected.

   E.   Identical State Law Offenses: Any penalties established by the Town that exceed a maximum penalty amount for an identical state law offense shall be subject to the maximum penalty amount established in C.R.S. §§ 18-1.3-501(1)(a.5) and 18-1.3-503(1.5). (Ord. 261, 4-16-1996; amd. Ord. 372, 2-16-2010; Ord. 475, 6-4-2019; Ord. 493, 6-2-2020; Ord. 493, 6-2-2020; Ord. 557, 2-17-2026)

Every person who commits, attempts to commit, conspires to commit, aids or abets a commission of any act declared to be in violation of this Code or any other ordinance of this Municipality, whether individually, or in connection with one or more persons, as a principal or accomplice, is guilty of such offense and subject to penalty or penalties therefor; and every person who fraudulently or wilfully induces, causes, coerces, requires or directs another to violate any provision of this Code or any other ordinance of this Municipality is likewise guilty of such offense and subject to the penalties therefor. (Ord. 261, 4-16-1996)

   A.   Liability Of Corporations: A corporation is guilty of an offense if the conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or knowingly tolerated by the board of directors or by a managerial agent acting within the scope of his employment or on behalf of the corporation. As used in this section, "agent" means any director, officer or employee of a corporation, or any other person who is authorized to act on behalf of the corporation, and "managerial agent" means an officer of a corporation or any other agent in a position of authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees.

   B.   Individual Liability For Corporate Conduct: A person is criminally liable for conduct constituting an offense which he performs or causes to occur in the name of or on behalf of a corporation to the same extent as if such conduct were performed or caused by him in his own name or behalf. (Ord. 261, 4-16-1996)

Whenever in this Code any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 261, 4-16-1996)

Each appointive officer of the town shall be subject to the control and orders of the mayor, and may be removed from office by a majority vote of the board of trustees. (Ord. 190, 4-15-1986)

      1.   The town is hereby authorized to execute and deliver to the department of employment security, state of Colorado, a plan or plans and agreement required under section 5 of the enabling act and the social security act to extend coverage to employees of the town and do all other necessary things to effectuate coverage of employees under the old age and survivors' insurance system.

      2.   Authority is given to the mayor and the clerk of the town to enter into an agreement with the department of employment security, state of Colorado, which agreement shall be in accordance with house bill 291 and with paragraph 218 of the social security act. Such plan and agreement shall provide that the participation of this town shall be in effect as of January 15, 1964.

   B.   Implementation: The clerk is hereby authorized to establish a system of payroll deduction to be matched by payments by the town to be paid into the contribution fund of the state through the department of employment security, and to make charges of this tax to the fund, or funds, from which wage or salary payments are issued to employees of the town. Such payments are to be made in accordance with the provisions of sections 1400 and 1410 of the federal insurance contribution act on all services which constitute employment within the meaning of that act.

   C.   Payments Due: Payments made to the department of employment security, state of Colorado, shall be due and payable on or before the eighteenth day of the month immediately following the completed calendar quarter, and such payments which are delinquent shall bear interest at the rate of one-half of one percent (0.5%) per month until such time as payments are made. Appropriation is hereby made from the proper fund or funds of the town in the necessary amount to pay into the contribution fund as provided in section 5(c)(1) of the enabling act and in accordance with the plan or plans and agreement. (Ord. 70, 1-8-1964, eff. 1-15-1964)

   FLEX CASH ACCOUNT: Flexible spending accounts established for the purpose of holding and distributing the participants' funds under the auspices of the salary redirection plan.

   PARTICIPANT: Any individual who fulfills the eligibility and enrollment requirements as defined in the plan.

   PERSONNEL COMMITTEE OR COMMITTEE: The personnel committee of the town as designated by the board of trustees, as well as the town administrator. The principal responsibility shall be the formulation and adoption of a plan and policies and procedures designed to guide, direct and administer the plan. The town attorney shall serve as an ex officio nonvoting member of the committee.

   SALARY: The monthly salary or wages.

   SALARY REDIRECTION PLAN: A plan whereby employees and officers of the town may agree to a reduction of salary which reduction will allow the employee to pay for various preselected flexible benefit choices pursuant to sections 125 and 129 of the IRC, i.e., medical care and dependent care expenses or other specifically described benefit choices that may be offered under the plan. (Ord. 209, 7-19-1988; amd. Ord. 420, 6-2-2015)

      1.   The town is authorized to enter into salary reduction agreements with employees pursuant to sections 125 and 129 of the internal revenue code (IRC) for the purpose of making it possible for employees to select on a "before tax basis" certain taxable and nontaxable benefits pursuant to section 125 of the IRC. The purpose of the "salary redirection plan", as hereinabove defined, is to attract and retain individuals in municipal service with the town by permitting them to enter into agreements with the town to provide for benefits as specified in the plan by the town.

      2.   The salary redirection plan allows the town and the employee to agree to a reduction of salary, which reduction will allow the employee to pay for various preselected flexible benefit choices pursuant to sections 125 and 129 of the IRC, i.e., medical care and dependent care expenses or other specifically described benefit choices that may be offered under the salary redirection plan.

      3.   Nothing contained in the salary redirection plan shall be deemed to constitute an employment agreement between the participant and the town, and nothing contained in the participant's salary redirection agreement, the plan or this chapter shall be deemed to give a participant any right to be retained in the employ of the town.

      4.   The personnel committee shall function as the salary redirection plan committee for the purposes of this chapter. The committee will be responsible for adopting the plan and the policies and procedures designed to guide, direct and administer the plan. The policies and procedures for the administration of the plan shall be consistent with existing town ordinances, Colorado statutes and the IRC.

      5.   The funds held by the town in flex cash accounts shall be held by the town in an interest bearing flex cash account and the interest shall be used to defray all or part of the cost of administering the plan. Any excess interest shall become part of the general fund as shall unclaimed monies remaining in the flex cash accounts at the end of the plan year. The committee may assess each participant a fee for administering the plan. It is the intent of the board not to appropriate money from the general fund for any expense relating to the administration of the plan, except that the cost of administering the plan may be financed by appropriation from the general fund of an amount equivalent to actually realized savings experienced due to reductions in employer contributions required for the retirement plan, under the social security act and other similar savings.

      6.   The town may engage the services of a professional consultant or administrator on a contractual basis to serve as an agent to assist the committee in implementing this plan.

   C.   Participation In The Plan:

      1.   Eligible Person: All permanent and part time employees of the town who have been employed at least six (6) months shall be eligible to participate in the plan and reduce their salary by agreement with the town.

      2.   Salary Reduction Agreement: Eligible persons are authorized to enter into salary reduction agreements with the town.

      3.   Enrollment In The Plan:

         a.   In the initial year of the plan, an eligible person may become a participant after the adoption of the plan and before its effective date by agreeing to have a portion of his/her gross salary reduced and deposited into a flex cash account to be used for reimbursement of expenses covered by the plan.

         b.   After the initial year of the plan, an eligible person may become a participant for a full plan year, with annual benefit selection for each new plan year to be made prior to January 1 of the new plan year or upon becoming an eligible person.

         c.   Once an eligible person elects to participate and determines the amount his or her salary shall be reduced and the benefits for which the funds are to be used during the plan year, the agreement shall be irrevocable and may not be amended during the plan year except as provided in subsection C4 of this section.

         d.   The Committee shall provide in the Plan that a participant may enroll, terminate or change his/her election when there is a significant change in a participant's status, as provided by section 125 of the IRC and the regulations adopted by the Internal Revenue Service.

      4.   Individual Withdrawal From The Plan: The Committee shall establish as part of the Plan the procedures for and effect of withdrawal from the plan by reason of retirement, death, leave of absence or termination of employment.

      1.   The Town may at any time terminate the Plan. Upon such determination, the participants in the Plan will be deemed to have withdrawn from the Plan as of the date of such termination. Balances remaining in the participants' flex-cash account(s) shall be returned to the participant pursuant to policies established by the Committee.

      2.   The Committee may amend the Plan at any time; provided, that no amendment shall affect the rights of the participants to receive eligible reimbursements from the participants' flex-cash account(s).

   E.   Applicable Law: The Plan shall be construed under all applicable State laws, IRC and the ordinances of the Town.

   F.   Audit Of Accounts: A complete audit of the Plan shall be conducted yearly. A written report containing the results of this audit shall be submitted to the Board of Trustees for acceptance and approval. (Ord. 209, 7-19-1988)

Every person who shall wilfully assault, impede or in any way interfere with any officer or employee of this Town in the execution of any duty authorized to be, by any such officer or employee, performed, under and pursuant to any ordinance of the Town shall be deemed guilty of a misdemeanor and fined, upon conviction, as provided in Section 1-4-1 of this Code. (Ord. 190, 4-15-1986; amd. Ord. 261, 4-16-1996)

The Town Administrator shall be the Chief Administrative Officer of the Town of Morrison under the direction of the Mayor and Board of Trustees ("Board") as provided for in the Home Rule Charter. The Town Administrator shall have commensurate authority and responsibility for the efficient and effective administration of the affairs and operation of the Town such as general administration, budget and fiscal control, personnel administration, Code enforcement, policy implementation and other duties and responsibilities as may be assigned. (Ord. 312, 6-19-2001)

The Town Administrator shall have the following duties, responsibilities and authority:

      1.   Attend meetings of the Town Board and participate in discussions in an advisory capacity, and attend such other meetings as the Board may designate.

      2.   Prepare or cause to have prepared all records required by law to be kept by the Town and not by a specific officer, and have custody of all such records.

      3.   Enforce the laws and ordinances of the Town.

      4.   Enforce all terms and conditions in any contract or public utility franchise, as delegated by the Board, and upon knowledge of any violation thereof, report to the Board such action and proceedings as may be necessary to enforce such contract or franchise.

      5.   Prepare, or cause to be prepared, monthly reports for the Town Board about all aspects of Town operations.

      6.   Be responsible for the efficient administration of the Town office and coordination of all departments of the Town government.

      7.   Perform such other duties as may be prescribed by ordinance or by the Town Board.

      1.   Prepare, as part of the budget process, an administrative organization chart for the operation of the Town administration and other departments.

      2.   Prepare and recommend an annual budget to the Board with assistance from department heads.

      3.   Implement and administer the budget as approved.

      4.   Keep the Board fully advised at all times as to the financial condition of the Town.

      6.   Oversee the daily fiscal operation of the Town office, and project cash flow needs to assure that adequate funds are available as needed. (Ord. 312, 6-19-2001)

      1.   Serve as the Personnel Director for the Town. The Town Administrator shall have the authority to hire, discipline, and terminate all employees in accordance with policies and procedures approved by the Board. (Ord. 446, 9-19-2017)

      2.   Develop and recommend to the Board for adoption appropriate personnel policies, rules and regulations for effective personnel administration and to maintain compliance with applicable laws and statutes.

      3.   Prepare and recommend to the board for adoption benefit programs for employees.

      4.   Prepare a wage and salary program for adoption by the board.

      1.   Act as primary contact person with consultants engaged by the town or under contract or agreement executed by the town for specific projects.

      2.   Prepare request for proposals, and negotiate the scope of work and contracts with consultants for recommendation and adoption by the board.

      3.   Report to, and advise the board, on activities and progress of consultants.

      4.   Submit final report and recommendations to the board.

      5.   Implement results in accordance with direction of the board.

      1.   Serve as the primary contact person in negotiations between the town and other parties on agreements, contracts, permits, acquisitions, leases and other matters.

      2.   Submit reports to the town board on the status of contracts, and any requested changes, for projects in process.

      3.   Work with the town attorney and board members as required on a case by case basis to negotiate and prepare contracts. (Ord. 312, 6-19-2001)

      4.   Sign contracts and agreements on behalf of the town, within the limitations of the administrator's spending authority as established in the town's approved financial policies, as the same are amended from time to time. (Ord. 416, 3-16-2015)

      2.   Advise the board of activities and other intergovernmental programs or actions that impact the town of Morrison.

      3.   Advise the board on grants and other financial techniques and strategies. Prepare, or work with others to prepare grant applications. Administer grants, if funded, in accordance with direction by the board.

      1.   Coordinate with the mayor and then communicate with the public.

      2.   Perform public relations activities for the town and provide liaison with various media, civic groups, and the general public.

   H.   Accountability: Prepare and/or cooperate in the preparation for the board of monitoring reports to provide data on the fulfillment of town policies and functions. These reports may be requested from time to time by the board as a whole, by a board committee with board approval or by a board member with board approval, shall be based upon specific expectations and criteria developed by the board, and shall be used as part of the performance evaluation of the administrator. The monitoring report may be obtained in one or more of the following forms:

      1.   Internal Report: Disclosure of requested information to the board in a written report by the administrator;

      2.   External Report: Obtaining of pertinent information by a person who is chosen by and reports directly to the board.

      3.   Direct Board Inspection: Obtaining of pertinent information, including the inspection of documents, activities or circumstances, by the board as a whole, a board committee, or a board member with formal approval by the board.

      1.   Assume additional duties and responsibilities as necessary or as requested by the mayor and/or the town board. (Ord. 312, 6-19-2001)

A municipal court in and for the town is hereby created and established to hear and try all cases arising under the ordinances of the town and as may otherwise be conferred by statute or ordinance. Such court shall be a qualified municipal court of record as defined at section 13-10-102(3), Colorado Revised Statutes. (Ord. 380, 4-19-2011)

The board of trustees shall annually appropriate an amount sufficient to pay the salary of the municipal judge or judges, the clerical help, office help, office expenses and expense of supplies necessary to carry out the provisions of this chapter. (Ord. 94, 1-7-1970)

The municipal court shall be presided over by a municipal judge, who has been admitted to, and who shall be currently licensed in, the practice of law in Colorado at the time of his appointment and during his term of office. (Ord. 380, 4-19-2011)

In case of the temporary absence, sickness or other inability of the municipal judge to act, the mayor may appoint some competent person to act as such municipal judge until the disability of the municipal judge is removed. Any such appointment must be in writing. Such acting municipal judge shall receive the same compensation for the time he/she has acted as would have been received by the municipal judge. (Ord. 94, 1-7-1970)

The fixed annual compensation of the municipal court judge shall be established by the Board of Trustees pursuant to charter section 6.2(d).

There is hereby established the position of municipal court clerk of the town. The clerk shall be appointed by the town manager and shall have such duties as are delegated by ordinance or other law, court rule or by the town manager. The salary of the municipal court clerk shall be established by the town manager. (Ord. 330, 1-3-2006; amd. Ord. 500, 11-17-2020)

The municipal court shall have original jurisdiction of all cases arising under the ordinances of the town with full power to carry the same into effect and to punish violations thereof by the imposition of such fines and penalties as in such ordinances are provided, not, however, to exceed a fine or imprisonment as set forth in section 1-4-1 of this title. (Ord. 222, 6-19-1990; amd. Ord. 261, 4-16-1996; Ord. 380, 4-19-2011)

The municipal judge shall have all judicial powers relating to the operation of his court, subject to any rules of procedure governing the operation and conduct of the municipal courts promulgated by the Colorado supreme court. The presiding municipal judge of the municipal court of the town shall have authority to issue local rules of procedure consistent with any rules of procedure adopted by the Colorado supreme court. (Ord. 94, 1-7-1970)

A municipal judge may be removed during his term of office only for cause. The municipal judge may be removed for cause if:

   B.   He has a disability which interferes with the performance of his duties, and which is, or is likely to become, of a permanent character.

The municipal judge shall be responsible to see that he or the clerk of the municipal court files a monthly report with the town clerk setting forth all monies which have been paid into the court for fines, costs, or otherwise during that preceding month. The report shall state the number of cases filed in his court, how the same were disposed of, and other matters of information concerning his office. (Ord. 441, 2-7-2017)

There shall be regular sessions of court as shall be announced from time to time by the municipal court judge subject to review and approval of the board of trustees; provided however, it shall be lawful for said municipal court judge to hold a special session of court at any time, including Sundays, holidays and night court, if, in the discretion of the judge, a special session is deemed advisable. (Ord. 380, 4-19-2011)

Appeals from the municipal court shall be taken within thirty (30) days of the decision appealed from in accordance with sections 13-6-310, 13-10-116(2), 13-10-117, 13-10-118, 13-10-119, Colorado Revised Statutes, rule 37, rule of criminal procedure, and rule 237 of the Colorado municipal court rules of procedure. (Ord. 380, 4-19-2011)

No write-in vote for any elected Municipal office in the Town shall be counted unless an affidavit of intent has been filed with the Town Clerk of the Town prior to sixty- four (64) days before the election by the person whose name is to be written in stating that such person desires office and is qualified to assume the duties of office if elected. (Ord. 231, 3-3-1992; amd. Ord. 484, 12-3-2019)

   A. No Contested Positions: If the only matter before the voters at a Municipal election in the Town is the election of persons to office, and if, at the close of business on the sixty-fourth day before the election, there are not more candidates than offices to be filled at such election, including candidates filing an affidavit of intent, then the Board of Trustees may, by resolution, either before or after the sixty- fourth day before the election, instruct the Town Clerk to cancel the election and by that or another resolution declare the candidates elected. Upon passage of such resolution, the candidates shall be deemed elected.

   B. Cancellation Notice To Be Published And Posted: In the event an election is cancelled in accordance with this Chapter, the Clerk shall cause to be published before election day, if possible, a notice of cancellation of the election, and shall post at each polling place, and in at least one other public place, prior to election day, a notice of cancellation of the election. (Ord. 231, 3-3-1992; amd. Ord. 484, 12-3-2019)

There is hereby created a Police Department for the Town which shall consist of a Chief of Police, and as many policemen as may from time to time be deemed necessary for the safety and good order of the Town. (Ord. 367, 7-21-2009)

The purpose of the Police Department shall be to ensure the public safety, provide for law enforcement and the rendering of emergency aid. In carrying out this purpose, the department and its members shall at all times be courteous and in a posture of rendering a service to the public safety and welfare. (Ord. 367, 7-21-2009)

   A.   The Town Administrator shall appoint a Chief of Police who shall be the head of the Police Department. It shall be the duty of the Chief of Police to:

      1.   See that the ordinances of the Town and the laws of the State are duly enforced and the rules and regulations of the Police Department obeyed, and perform such duties as may be required by the Town Administrator.

      2.   Direct the operations of the Police Department, subject to the rules and regulations thereof and ordinances of the Town.

      3.   Make arrests, issue summons, summons and complaint, or penalty assessment where appropriate to any person violating any of the Town ordinances or State ordinances, and take such violator before the Municipal Court for trial.

      4.   Render such account of the Police Department, his or her duties and receipts and expenditures as may be required by the Town Administrator, and keep the records of his or her office open to inspection by the Town Administrator at any time. (Ord. 446, 9-19-2017)

   B.   Before entering upon the duties of such office, the Chief of Police shall take and subscribe to an oath that he or she will support the constitution and laws of the State, the Constitution of the United States and ordinances of the Town, and that he or she will faithfully perform the duties of the office upon which he or she is about to enter. (Ord. 367, 7-21-2009)

All uniformed members of the Police Department shall have power and duties as follows:

   A.   They shall perform all duties required by the Chief of Police.

   B.   They shall suppress all riots, disturbances and breaches of the peace and apprehend all disorderly persons in the Town, and shall pursue and arrest any person fleeing from justice in any part of the State.

   C.   They shall be the enforcement officers of the Town and shall see that the ordinances of the Town and the laws of the State are complied with. They shall issue summons, summons and complaints, or penalty assessment where appropriate. They may arrest without process all persons engaged in the violation in their presence of any provision of the ordinances of the Town or the laws of the State.

   D.   They shall execute and return all writs and process to them directed by the Municipal Judge in any case arising under a Town ordinance, and they may serve the same in any part of the County. (Ord. 367, 7-21-2009)

Before entering upon the duties of such office, each police officer shall take and subscribe an oath and he will support the Constitution and laws of the State of Colorado, the Constitution of the United States and the ordinances of the Town. Such police officer will faithfully perform the duties of the office upon which he is about to enter. (Ord. 367, 7-21-2009)

The Police Department shall be operated and managed in accordance with such departmental rules and regulations as may from time to time be prepared by the Police Chief and approved by the Town Administrator. The Town Administrator may establish specific duties for the Police Chief and police officers through the adoption of job descriptions or similar documents. (Ord. 446, 9-19-2017)

In the event that a vacancy exists in the Police Department and a Police Chief or police officer must be hired, the recruitment and hiring procedure shall be in accordance with the personnel policies of the Town of Morrison. (Ord. 367, 7-21-2009)

Every police officer, except as otherwise authorized by the Police Chief, should wear at all times while on duty, a uniform of the type and quality prescribed by the Police Chief of the Town. (Ord. 367, 7-21-2009)

   A.   Authority Granted: The board of trustees shall have the authority to impose, and to modify from time to time, by resolution, all fees or charges for applications, petitions or requests for services, actions, permits, reviews or approvals, which the town is authorized under any statute, ordinance, regulation or other law to impose.

   B.   Repeal Of Existing Charges: To the extent that any ordinance of the town provides for a fee of a specific amount to be charged for any application, petition or request for service, action, review, permit or approval by the town, such reference to a specific fee is hereby repealed.

   C.   Indeterminate Fees Allowed: In establishing appropriate fees or charges, the board of trustees is authorized to provide that a fee shall be a minimum fee plus the actual, reasonable costs, fees and expenses incurred in the specific action. (Ord. 214, 3-21-1989)

   D.   Town Administrator Responsible For Determining Charges: The board of trustees is authorized to delegate to the town administrator the authority to estimate the actual, reasonable costs, fees and expenses which will be incurred by the town in reviewing or processing any application, petition, request or permit and to require a deposit of this amount, or any portion thereof, as a condition of acceptance of such application, petition, request or permit by the town. (Ord. 214, 3-21-1989; amd. Ord. 420, 6-2-2015)

   A.   Until paid in full, all fees, rates and charges imposed for any town service or function shall constitute a first and perpetual lien on and against the lot, land, building and/or property served or benefited by said service, and in the event the same are not paid when due, the town may certify the same to the county treasurer to be collected in the same manner as taxes, together with the costs of collection, as permitted by Colorado Revised Statutes 31-20-105 and 106.

   B.   The imposition or certification of a lien as provided in this section shall not relieve a customer, user or property owner from liability for the payment of a fee or charge for any town service, and the town may seek and obtain the collection of the same through an action at law, filing of a lien with the county clerk and recorder, or any other appropriate legal proceeding. (Ord. 432, 5-3-2016)

The Board of Trustees hereby establishes the Town of Morrison employee educational assistance program as set forth more fully in this chapter. (Ord. 388, 12-6-2011)

The purposes of the Town of Morrison employee educational assistance program are to assist full time employees of the Town of Morrison in their professional development by enhancing and improving skills required for their current position, assist employees in advancing their careers by encouraging voluntary academic studies that contribute to improved performance, to assist employees in qualifying for promotion and advancement and to enable the Town of Morrison to establish and retain a work force willing and able to meet future challenges. (Ord. 388, 12-6-2011)

The following requirements apply in order to be eligible for reimbursement of expenses through the educational assistance program:

   A.   An employee must have one year continuous service with the Town of Morrison before seeking approval for a course registration. (Ord. 388, 12-6-2011)

   B.   The classes must be approved by the Town Manager. In the event the class is to be taken by the Town Manager, it must be approved by the Mayor. (Ord. 474, 6-4-2019)

   C.   The course or courses must be through an accredited college, university or vocational program.

   D.   The Town will reimburse one hundred percent (100%) of the course expense if the employee attains a C grade or its equivalent, and will provide no reimbursement for less than a C grade or its equivalent.

   E.   Reimbursement is limited to five thousand two hundred fifty dollars ($5,250.00) per year for qualified educational programs, or such lesser amounts as may be established under section 127 of the Internal Revenue Code as eligible for tax free reimbursement.

   F.   An employee must be continuously employed by the Town during the course of instruction and must be employed by the Town at the time of completion of the course to be eligible for reimbursement. (Ord. 388, 12-6-2011)

This plan reimburses costs for tuition, fees and books. The plan does not reimburse costs for tools, usable after course completion, for example a calculator, supplies, meals, lodging or transportation or for any education that involves sports, games or hobbies. (Ord. 388, 12-6-2011)

   A.   Employees must obtain approval for educational expense reimbursement under this policy through application to their department head prior to reimbursement for the course.

   B.   Upon completion of the approved course, the employee must submit a request for educational expenses reimbursement with the proof of grades and payment of educational expenses.

   C.   Commitment of two (2) years of employment with the Town of Morrison will be required from date of reimbursement. If employee wilfully leaves prior to completing the two (2) year commitment, reimbursement to the Town will be required. (Ord. 388, 12-6-2011)

The Board of Trustees reserve the right to temporarily or permanently modify, suspend, or terminate the educational assistance program, remaining, however, obligated for any previously approved courses. (Ord. 388, 12-6-2011)

There are hereby created the following departments for the Town of Morrison, in addition to the Municipal Court, created in chapter 8 of this title, and the Police Department, created in chapter 10 of this title:

   A.   Public Works. The duties and responsibilities of the Public Works Department shall include all issues pertaining to water, sewer, and streets, grounds and buildings;

It shall be unlawful for any person to carry on or engage in any business, profession or occupation within the Town limits, subject to any law of the State of Colorado now in force or hereafter to be enacted, which business, profession or occupation shall consist of the selling of goods, wares, merchandise or the performing or rendering of service for charge, without first having obtained a license therefor from the Town. The following specific activities shall be exempt from the provisions of this chapter:

   A.   The renting of real property by the owner thereof, except that daily or short term rentals shall not be exempt;

   B.   The sale of products, goods, wares or merchandise at a location outside the Town of Morrison and delivery inside the Town of Morrison;

   C.   An activity solely involving the delivery of products, goods, wares or merchandise from outside the Town of Morrison within the Town of Morrison or incidental or minor activity involving installation of these products, goods, wares or merchandise;

   E.   Contractors involved in short term building or related activities within the Town, having no permanent or temporary offices within the Town, when required permits are issued in the name of the owner, the owner is responsible for payment of Use Taxes and no special utility connections are required;

   F.   A business, profession or occupation meeting the definition of "home occupation" in section 10-1B-2 of this Code, and the standards for a home occupation in section 10-1G-4 of this Code, and involving no client or customer travel to the home or the delivery to or shipment from the home of products, goods, wares or merchandise. (Ord. 311, 4-17-2001)

The licensing provisions of this chapter shall apply only to the owners or operators of said business except as otherwise provided, and employees of the owners or operators of said business are not required to be licensed. The Town Administrator shall have authority to determine whether or not a particular person is an employee or an operator or owner of such a business. (Ord. 476, 6-4-2019)

License applications shall be made to the Town Clerk on forms provided by the Clerk. Such application shall state the name of the applicant, the street address of the business, the kind or nature of business, profession or occupation to be engaged in and such other information as may be required by the Board of Trustees from time to time. All applications must be accompanied by the appropriate fee as provided in section 3-1-11 of this chapter or as changed from time to time. (Ord. 191, 8-19-1986)

No license shall be issued until the following areas have been considered in accordance with applicable directives of the Board of Trustees:

   A.   Physical condition and right to use of the premises where the business is to be conducted;

   E.   Other factors deemed necessary for the protection of the public health, safety and welfare. (Ord. 476, 6-4-2019)

Except as otherwise provided, all licenses shall expire one year following the issuance of such license and no rebate or credit shall be allowed for licenses issued or used for a portion of a year only. (Ord. 191, 8-19-1986)

A separate license shall be required for each separate establishment or place of business. All licenses shall be transferable as to place, subject to the provisions of section 3-1-4 of this chapter, upon approval of the Town Administrator or the Town Zoning Administrator. No license shall be transferable as to person, firm or corporation. No person, firm or corporation shall operate or carry on a business, profession or occupation under the license of another and no licensee shall allow any other person, firm or corporation to operate under his or its license. (Ord. 191, 8-19-1986; amd. Ord. 420, 6-2-2015)

Licenses may be renewed by paying the applicable license fees within fifteen (15) days prior to the expiration. A license not renewed prior to expiration shall be processed as a new license application. (Ord. 191, 8-19-1986)

The duties hereby imposed upon the owner or operator of a business shall also be the responsibility of the manager or person actually in charge of such business and such person shall, upon failure to apply for such license or otherwise, obey the provisions of this chapter, be in violation of this chapter and subject to the penalties herein provided. (Ord. 191, 8-19-1986)

   A.   Short Term (1 Week) License: In addition to the licenses for a term of one year, there shall be a license for the conduct of a business within the Town for a term of one week or less. Such license, including the application therefor, shall all be in accordance with the terms of this chapter. (Ord. 215, 9-6-1989)

   B.   Special Events License: There shall be a special events license. Such license shall be available for festivals, trade shows, craft or other fairs, bazaars and other activities of a similar nature. The fee for such license shall be determined as follows: (Ord. 476, 6-4-2019)

      1.   If the individual or organization promoting the event is responsible for the collection, reporting and payment of applicable Sales Tax, a single special event license may issue for all vendors of goods, not including alcoholic or fermented malt beverages. The fee for such license shall be in the amount of twenty five percent (25%) of the short term license fee per vendor per day of the event.

      2.   If each vendor of goods, not including alcoholic or fermented malt beverages, is to collect, report and pay the Sales Tax applicable to his sales, each such vendor shall obtain a license and the fee for such license shall be twenty five percent (25%) of the short term license fee per each day of the event that such vendor is open for business.

      3.   If the sponsor of the special event is a nonprofit organization qualified under section 501(c)(3) of the Internal Revenue Code, and all proceeds of the event, above reasonable expenses, are to be given to such organization or a similarly qualified organization, the applicable fee shall be seventy five percent (75%) of the fees determined under subsections B1 and B2 of this section. (Ord. 215, 9-6-1989)

   C.   Referral To Board Of Trustees: The Town Manager, in his or her sole discretion may, with or without a recommendation, refer any short term or special event license application to the Board of Trustees for decision. (Ord. 476, 6-4-2019)

      1.   Authority: The Morrison liquor and fermented malt beverage licensing authority is hereby authorized to approve an application for a special event permit for an event within the Town of Morrison without notification or referral to the State licensing authority for its approval or disapproval. (Ord. 383, 7-19-2011, eff. 8-11-2011; amd. Ord. 476, 6-4-2019)

      2.   Notification To State Licensing Authority: In accordance with section 44-5-107(5)(a), Colorado Revised Statutes, the Town Manager or their designee shall report to the Liquor Enforcement Division within ten (10) days after a special event permit is approved, the name of the organization to whom a permit was issued, the address of the permitted location and the permitted dates of alcohol beverage service. (Ord. 476, 6-4-2019)

      3.   Applicable Law: In acting upon an application for a special event permit, the Morrison liquor and fermented malt beverage licensing authority shall comply with section 12-48-101 et seq., Colorado Revised Statutes, and Colorado Code of Regulations 1 CCR 203-2, regulations 47-1000 through 47-1020, as such statutes and regulations may be amended from time to time. (Ord. 383, 7-19-2011, eff. 8-11-2011; amd. Ord. 476, 6-4-2019)

Every person whose business, profession or occupation consists of the sale or solicitation of orders for the sale of goods, wares or merchandise, door to door, or street to street, or who sells or solicits orders for sale from a wagon, automotive vehicle, or other vehicle or conveyance, movable from place to place, is required to make application for a license, give bond as required to make application for a license, give bond as provided below, and secure a license in his or her own name before engaging in such activity in the Town.

   A.   Transferability: Such license shall not be transferable. Any license issued to a firm, association, company or corporation shall state the name of the authorized representatives, which names shall appear on the license.

   B.   Bond Required: There shall be filed with the Town, prior to issuance of a license under this section, a bond payable to the Town in the sum of five hundred dollars ($500.00), executed by the applicant as principal with at least one surety upon which service of process may be made in the State of Colorado. Such bond shall provide that it may be applied to any obligation the applicant may incur to the Town by virtue of its failure to comply with applicable laws and ordinances, including, but not limited to, Sales and Use Tax requirements. Liability shall not be limited to the amount of the bond.

   C.   Application Requirements: In addition to the information required of an applicant under section 3-1-3 of this chapter, an applicant for a mobile vending license shall furnish the following information:

      1.   A brief description of the nature of the business and the goods to be sold, solicited or delivered;

      2.   The length of time during which the activity will be conducted;

      3.   A description, including license number, if applicable, of any vehicle to be used in the conduct of the activity. (Ord. 191, 8-19-1986)

The Board of Trustees may from time to time establish and amend fees by resolution. (Ord. 191, 8-19-1986; amd. Res. 89-4, 5-16-1989)

   A.   Authority; Conditions: In addition to powers granted under other ordinances of the Town, the Town Board may suspend, revoke or refuse to grant the renewal of a license or permit issued under this chapter if:

      1.   The licensee fails to meet the qualifications required of an applicant;

      2.   The licensee violates any provision of any ordinance of the Town, any County regulation or any State Statute relating to the operation of the business, profession or occupation;

      3.   The licensee obtained the license by fraud or misrepresentation;

      4.   The licensee is finally convicted of an offense and there would be a danger to the public health, safety and welfare if the licensee were to engage in such conduct in the licensed business; or

   B.   Determination Of Action: If the Town Board finds one of the grounds in subsection A of this section or any other ground for suspension or revocation, the Town Board shall determine whether to revoke the license for the remainder of its term, to suspend it for any shorter period, or not to allow the renewal, according to the severity of the disqualification, its effect on public health, safety and welfare, and the time during which the disqualification can be remedied, if at all. The Board may also direct that action be taken on the bond provided for in subsection 3-1-10B of this chapter at this time.

   C.   Temporary Suspension: Before the hearing required by subsection D of this section, the Town Board may suspend a license for up to thirty (30) days if the Town Board determines that the suspension is necessary for the immediate protection of the public health, safety and welfare. The Town Board may include, in the temporary suspension, reasonable orders or conditions with which the licensee shall comply to protect the public health, safety and welfare. Any breach of such conditions or orders is an independent ground for suspension or revocation of the license. Upon request of the licensee, a hearing on a summary suspension shall be scheduled by the Town Board within twenty one (21) days.

   D.   Hearing: Except for such emergency suspension authorized by subsection C of this section, no such suspension, revocation or nonrenewal is final until the licensee has been given the opportunity for a hearing before the Town Board to contest the suspension, revocation or nonrenewal.

   E.   Orders Or Conditions: If, after a hearing, the suspension, revocation or nonrenewal is upheld, the Town Board may include reasonable orders or conditions with which the person whose license has been suspended, revoked or nonrenewed shall comply to protect any work in progress and the public health, safety and welfare.

   F.   Refund Disallowed: No person, firm or corporation whose license is revoked under this chapter may receive a refund of any part of the license fee paid for the license.

   G.   Obtaining License Prohibited: No person, firm or corporation who has had a license suspended, revoked or nonrenewed under this chapter is entitled to obtain the same or any similar license under this chapter during the period of suspension or revocation, either in the person's, firm's or corporation's own name or as a principal in another business that applies for a license. (Ord. 191, 8-19-1986)

Any individual or organization whose intended activity is not governed by the foregoing provisions but includes door to door canvassing or soliciting of contributions or pledges for contributions shall register with the Town Clerk prior to engaging in such activity providing such identifying information as may be required. (Ord. 191, 8-19-1986)

Any person violating any of the provisions of this chapter shall, upon conviction, be subject to penalty as provided in section 1-4-1 of this Code for each offense. Each twenty four (24) hours during which said violation shall continue shall constitute a separate offense. (Ord. 191, 8-19-1986; amd. Ord. 261, 4-16-1996)

The purpose of this Chapter is to impose a sales tax upon the sale at retail of tangible personal property and the furnishing of certain services in the Town pursuant to the authority granted to incorporated towns of the State by Colorado Revised Statutes 29-2-101 et seq., as amended. This Chapter shall be so construed and interpreted as to effectuate the general purpose of making it uniform with the sales tax of the State of Colorado, levied by Colorado Revised Statutes 39-26-101 et seq., as amended. (Ord. 188, 12-30-1985, eff. 1-1-1986)

For purposes of this Chapter, the definition of words herein contained shall be as said words are defined in Colorado Revised Statutes 39-26-102, as amended, and said definitions are incorporated herein by this reference. (Ord. 188, 12-30-1985, eff. 1-1-1986)

   A.   A sales tax is hereby levied and shall be collected and paid in the amount as in this Chapter provided, upon the sale at retail of tangible personal property and the furnishing of certain services, as provided in The Emergency Retail Sales Tax Act of 1935, set forth in Colorado Revised Statutes 39-26-101 et seq., as amended, which provisions are incorporated herein this reference.

   B.   The amount subject to tax shall not include the amount of any sales or use tax imposed by Colorado Revised Statutes 39-26-101 et seq., as amended.

   C.   The gross receipts from sales shall include delivery charges, when such charges are subject to the State sales and use tax imposed by article 26 of title 39, Colorado Revised Statutes, 39-26-101 et seq., as amended, regardless of the place to which delivery is made.

   D.   A tax is hereby levied and shall be collected and paid in the amount provided by subsection 3-2-5D on the purchase price paid or charged for the sale of retail marijuana and retail marijuana products. (Ord. 188, 12-30-1985, eff. 1-1-1986; amd. Ord. 513, 6-21-2022)

   A.   All the tangible personal property and services which are exempt under the provisions of The Emergency Retail Sales Tax Act of 1935, as set forth in Colorado Revised Statutes 39-26-101 et seq., as amended, which exemptions are incorporated herein by this reference, shall be exempt from taxation under the provisions of this Chapter; except the exemption allowed by Colorado Revised Statutes 39-26-114 (11), as amended, for purchases of machinery or machine tools, and except the exemption of sales and purchases of electricity, coal, gas, fuel oil and coke as provided in Colorado Revised Statutes 39-26-114 (1)(a)(XXI), as amended, and the exemption for sales of food specified in Colorado Revised Statutes 39-26-114 (1)(a)(XX), as amended.

   B.   All sales of tangible personal property on which a specific ownership tax has been paid or is payable shall be exempt from sales tax when such sales meet both of the following conditions:

      1.   The purchaser is a nonresident of or has its principal place of business outside of the Town, and

      2.   Such tangible personal property is registered or required to be registered outside the limits of the Town under the laws of the State.

   C.   For transactions consummated on or after January 1, 1986, the Town's sales tax shall not apply to the sale of construction and building materials, as the term is used in Colorado Revised Statutes 29-2-109, as amended, if such materials are picked up by the purchaser and if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to the town evidencing that a local use tax has been paid or is required to be paid.

   D.   The sale of medical and retail marijuana and medical and retail marijuana products shall be exempt from the three and three-fourths percent (3.75%) sales tax imposed upon all sales of tangible personal property and the furnishing of certain services, as specified in Section 3-2-5 of this Chapter.

   A.   On and after January 1, 2011, there is imposed upon all sales of tangible personal property and the furnishing of certain services, as specified in section 3-2-3 of this chapter, a three and three-fourths percent (3.75%) sales tax upon the sale at retail of tangible personal property and the furnishing of certain services as provided herein.

   B.   The imposition of the tax on the sale at retail of tangible personal property and the furnishing of certain services subject to this tax shall be in accordance with schedules set forth in the rules and regulations of the department of revenue of the state of Colorado.

   C.   The revenues from such additional three-fourths percent (0.75%) tax shall be used for capital projects and improvements in the town including, without limitation, in the utilities, road and streets, drainage, parking and public buildings, unless otherwise approved by at least two-thirds (2/3) of the then elected board of trustees. There is a mayor and six (6) trustees on the board. Thus, at least five (5) affirmative votes are required to use any part of the additional revenues for other than capital improvements or projects if there is a full board.

   D.   On and after January 1, 2023, there is imposed upon the purchase price paid or charged for the sale of retail marijuana and retail marijuana products, a sales tax of 11.25% on the purchase price paid, with the rate of the tax being allowed to be increased or decreased by the Board of Trustees without further voter approval so long as the rate of the tax does not exceed 11.25%, and with the resulting tax revenue, including any interest and investment income therefrom, being allowed to be collected and spent by the Town for any lawful municipal purpose, including without limitation capital improvements, economic development and public safety, without regard to any expenditure, revenue raising, or other limitation contained in Article X, Section 20 of the Colorado Constitution or any other law, all as approved by the registered electors of the Town at the April 5, 2022 regular town election. (Ord. 188, 12-30-1985, eff. 1-1-1986; amd. Ord. 375, 11-16-2010; Ord. 376, 12-7-2010; Ord. 513, 6-21-2022; Ord. 518, 10-18-2022)

   A.   For the purpose of this chapter, all retail sales are consummated at the place of business of the retailer, unless the tangible personal property sold is delivered by the retailer or his agent to a destination outside the limits of the town or to a common carrier for delivery to a destination outside the limits of the town.

   B.   In the event a retailer has no permanent place of business in the town or has more than one place of business, the place or places at which the retail sales are consummated for the purpose of the sales tax imposed by this chapter shall be determined by the provisions of Colorado Revised Statutes 39-26-101 et seq., as amended, and by rules and regulations promulgated by the department of revenue of the state of Colorado. (Ord. 188, 12-30-1985, eff. 1-1-1986)

For transaction consummated on or after January 1, 1986, the town's sales tax shall not apply to the sale of tangible personal property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax lawfully imposed on the purchaser or user by another statutory or home rule municipality equal to or in excess of three and three-fourths percent (3.75%). A credit shall be granted against the sales tax with respect to such transaction equal in amount to the lawfully imposed local sales or use tax previously paid by the purchaser or user to the previous statutory or home rule municipality. The amount of the credit shall not exceed three and three-fourths percent (3.75%). (Ord. 188, 12-30-1985, eff. 1-1-1986; amd. Ord. 375, 11-16-2010)

   A.   The collection, administration and enforcement of the sales tax imposed by this chapter shall be performed by the executive director of the department of revenue of the state of Colorado in the same manner as the collection, administration and enforcement of the Colorado state sales tax. Accordingly, the provisions of articles 26 and 21 of title 39 and article 2 of title 29, Colorado Revised Statutes, as amended, and all rules and regulations promulgated by the executive director of the department of revenue pertaining to such collection, administration and enforcement, are incorporated herein by this reference. (Ord. 188, 12-30-1985, eff. 1-1-1986)

   B.   At the time of making his/her return of the tax, as required by this chapter, every retailer shall be entitled to subtract from the tax so remitted a sum equal to three and one-third percent (31/3%) of said tax as her/his fee, said fee to be known as the vendor's fee 1 . (Ord. 241, 6-21-1994)

   C.   If said retailer is delinquent in remitting said tax, she/he shall forfeit the vendor's fee, unless good cause can be shown for such delinquent remittance. (Ord. 188, 12-30-1985, eff. 1-1-1986)

The purpose of this chapter is to impose a use tax upon the privilege of using, storing, distributing or otherwise consuming tangible personal property or taxable services inside the town. (Ord. 334, 4-18-2006)

For the purpose of this chapter, the definition of words herein contained shall be as said words are defined below and in Colorado Revised Statutes 39-26-102, as amended, and said statutory definitions are incorporated herein by reference:

   AUTOMOTIVE VEHICLE: Any vehicle or device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, and every device used or designed for aviation or for flight in the air. Automotive vehicle includes, without limitation, motor vehicles, trailers, or semitrailers. Automotive vehicle does not include devices moved by human power or used exclusively upon stationary rails or tracks.

   BUSINESS: All activities engaged in or caused to be engaged in with the object of gain, benefit, or advantage, direct or indirect.

   CHARITABLE ORGANIZATION: Any entity which has been qualified by the United States internal revenue service as a tax exempt organization under section 501(c)(3) of the United States internal revenue code.

   CONSTRUCTION EQUIPMENT: Equipment used by an employer or contractor in the erection, installation, alteration, repair, or remodeling of a building or structure upon real estate.

   CONSTRUCTION MATERIALS: Tangible personal property which, when combined with other tangible personal property, loses its identity to become an integral and inseparable part of a completed structure or project. Construction materials include, without limitation, such things as: asphalt, bricks, builders' hardware, caulking material, cement, concrete, conduit, electric wiring and connections, fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, motor oil, paint, piping, pipe valves and pipefittings, plaster, plumbing fixtures, putty, reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stripping, wire netting and screen, water mains and meters, and wood preserver. The above materials, when used for forms, or other items which do not remain as an integral or inseparable part of a completed structure or project, are not construction materials.

   ENGAGED IN BUSINESS IN THE TOWN: Performing or providing services or selling, leasing, renting, delivering, or installing tangible personal property for storage, use, or consumption within the town. Engaged in business in the town includes, without limitation, any one of the following activities:

   A.   Directly, indirectly, or through a subsidiary, maintaining a building, store, office, salesroom, warehouse, or other place of business within the town;

   B.   Sending one or more employees, agents, or commissioned salespersons into the town to solicit business or to install, assemble, repair, service, or assist in the use of its products, or for demonstration, or for any other reason;

   C.   Maintaining one or more employees, agents, or commissioned salespersons on duty at a location within the town;

   D.   Owning, leasing, renting, or otherwise exercising control over real or personal property within the town; or

   E.   Making more than one delivery into the town within a twelve (12) month period.

There is hereby exempted and in no event shall the use tax imposed by this chapter extend or apply:

   A.   Double Taxation: To the storage, use, or consumption of any tangible personal property or taxable service, the sale of which is subject to a retail sales tax imposed by the town.

   B.   Purchased For Resale: To the storage, use, or consumption of any tangible personal property purchased for resale in the town, either in its original form or as an ingredient of a manufactured or compounded product, in the regular course of business.

   C.   Personal Property Of Nonresident: To the storage, use, or consumption of tangible personal property brought into the town by a nonresident thereof for storage, use or consumption while temporarily within the town; however, this exemption does not apply to the storage, use or consumption of tangible personal property brought into this state by a nonresident to be used in the conduct of a business in this state.

   D.   Government Entities: To the storage, use, or consumption of tangible personal property by the United States government or the state of Colorado, or its institutions or political subdivisions, in their governmental capacities only, or by religious or charitable organizations in the conduct of their regular religious or charitable functions.

   E.   Parts/Ingredients: To the storage, use, or consumption of tangible personal property by a person engaged in the business of manufacturing or compounding for sale, profit or use, any article, substance or commodity, which tangible personal property enters into the processing of or becomes an ingredient or component part of the product or service which is manufactured, compounded or furnished or the container, label or the furnished shipping case thereof. (Ord. 334, 4-18-2006)

   F.   Previously Paid Taxes: This use tax shall not apply to the storage, use or consumption of any article of tangible personal property the sale or use of which has already been subjected to a legally imposed sales or use tax of another statutory or home rule municipality equal to or in excess of three and three-fourths percent (3.75%). A credit shall be granted against the town's use tax with respect to a person's storage, use or consumption in the town of tangible personal property purchased in another statutory or home rule municipality and a sales or use tax paid to that municipality. The amount of the credit shall be equal to the tax paid by reason of the imposition of a legal sales or use tax of the previous statutory or home rule municipality on the purchase or use of the property. The amount of the credit shall not exceed three and three-fourths percent (3.75%). (Ord. 334, 4-18-2006; amd. Ord. 375, 11-16-2010)

   G.   Property Arriving With Nonresident: To the storage, use, or consumption of tangible personal property and household effects acquired outside of the town and brought into it by a nonresident acquiring residency.

   H.   Nonresident's Vehicle Titled And Licensed Elsewhere: The use of a motor vehicle in conjunction with a business located within the town, shall not be exempt by reason of the storage of said motor vehicle outside the town. (Ord. 334, 4-18-2006)

   A.   On and after January 1, 2011, there is hereby levied and there shall be collected and paid a use tax upon the privilege of using, storing or consuming tangible personal property or taxable services in the town in the amount of three and three-fourths percent (3.75%). Such tax shall be based upon the full purchase price paid or charged for tangible personal property and taxable services upon which a municipal sales or use tax has not been paid, such use tax to be paid by either the vendor or the consumer. The following supplemental, but not exclusive, rules shall apply: (Ord. 375, 11-16-2010)

      1.   A resident of the town or business with a location within the town, shall pay a use tax under this chapter upon the purchase price paid or charged for automotive vehicles purchased outside of the town for use or storage within the town. No person may register an automotive vehicle for which registration is required until such person has paid all sales or use taxes due on the purchase of the vehicle. No person shall register a vehicle at an address other than such person's principal residence or place of business within the town for the purpose of evading the sales or use tax imposed by this chapter.

      2.   A use tax is due upon tangible personal property that is utilized in the town if such use occurs within three (3) years of the most recent sale of the property. No use tax shall be due on the use of tangible personal property within the town that occurs more than three (3) years after the most recent sale of the property if, within three (3) years following the date of such sale, the property has been significantly used within the state for the principal purpose for which it was purchased.

      3.   The purchaser of tangible personal property acquired with the purchase of a business for use in the operation of such business shall pay a use tax upon the purchase price of such property recorded in the bill or contract of sale, but in no event shall the tax be based upon a valuation of property less than its fair market value. If the purchase price of the property is not itemized in the bill or contract of sale, the tax shall be based upon the book value that the purchaser uses for income tax depreciation or upon the fair market value of the property if no book value has been established. Regardless of the method used to value the property, no deduction shall be made on account of any outstanding liabilities acquired by the purchaser of the business and property.

      4.   Whenever tangible personal property, including property sold in conjunction with the sale of a business, is sold under a conditional sales contract, lease-purchase contract, or capital lease contract, whereby the vendor or lessor retains title as security for all or part of the purchase price or whenever the vendor retains a chattel mortgage on such tangible personal property to secure all or part of the purchase price, the use tax is immediately due and payable upon the total selling price. There is no refund or credit for either party to the transaction if the property is repossessed by the vendor.

      5.   Construction equipment that is located within the town for a period of more than thirty (30) consecutive calendar days shall be subjected to the full applicable use tax of the town. (Ord. 334, 4-18-2006)

      6.   Construction equipment that is located within the town for a period of thirty (30) consecutive days or less shall be subjected to the town's use tax in an amount calculated as follows: The purchase price of the equipment shall be multiplied by a fraction, the numerator of which is one and the denominator of which is twelve (12), and the result shall be multiplied by three and three-fourths percent (3.75%). (Ord. 334, 4-18-2006; amd. Ord. 375, 11-16-2010)

   B.   Every vendor required or permitted to collect the tax imposed by this chapter shall collect it upon the purchase price of tangible personal property purchased or leased outside the town and intended to be brought into the town for use, storage, or consumption, notwithstanding the following circumstances:

      1.   The purchaser's order or the contract of sale is delivered, mailed, or otherwise transmitted by the purchaser to the vendor at a point outside of the town as a result of solicitation by the vendor through the medium of a catalog or other written advertisement, by radio or television advertising, or by any other means;

      2.   The purchaser's order or contract of sale was made or closed by acceptance or approval outside of the town or before the tangible personal property enters the town;

      3.   The purchaser's order or contract of sale provides that the property shall be, or it is in fact, procured or manufactured at a point outside the town and shipped directly to the purchaser from a point of origin; or

      4.   The property is mailed to the purchaser in the town from a point outside the town or delivered to a carrier at a point outside the city, FOB, or otherwise, and directed to the purchaser in the town, regardless of whether the cost of transportation is paid by the vendor or by the purchaser. (Ord. 334, 4-18-2006)

   C.   The revenues from such additional three-fourths percent (0.75%) tax shall be used for capital projects and improvements in the town including, without limitation, in the utilities, road and streets, drainage, parking and public buildings, unless otherwise approved by at least two-thirds (2/3) of the then elected board of trustees. There are a mayor and six (6) trustees on the board. Thus, at least five (5) affirmative votes are required to use any part of the additional revenues for other than capital improvements or projects if there is a full board. (Ord. 376, 12-7-2010)

   A.   Every person who operates or maintains a business in the town of Morrison, and who purchases or leases tangible personal property for use, storage, distribution or consumption in the town in connection with the business, which property is taxable hereunder and who has not paid the tax imposed by this chapter to a retailer required or authorized to collect the same, shall monthly make a return and pay the tax due to the town of Morrison, on or before the twentieth day of each calendar month following the month in which such purchase or lease was consummated, or such later date as is approved by the town administrator.

   B.   Every resident of the town who purchases or leases tangible personal property for use, storage, distribution or consumption in the town, which property is taxable hereunder, and who has not paid the tax imposed thereon by this chapter to a retailer required or authorized to collect the same, shall make a return and pay the tax due to the town of Morrison within thirty (30) days from the purchase or lease of such tangible personal property.

   C.   Every owner or lessee of real property in the town or of improvements and structures located upon real property in the town upon which tangible personal property acquired from sources outside the town is attached or affixed who has not paid the tax imposed by this chapter thereon to a retailer required or authorized to collect the same, shall make a return and pay the tax due to the town of Morrison within thirty (30) days from the purchase or lease of such tangible personal property. (Ord. 341, 11-21-2006)

      1.   Any person who claims that a transaction or item was not taxable or claims an exemption as provided in this chapter may apply for a refund of the tax paid under dispute.

      2.   An application for a refund of tax paid under dispute by a purchaser who claims an exemption shall be made within sixty (60) days after the date of payment of the tax to the town. Such application shall be accompanied by the original paid invoice or sales receipt showing payment of taxes to another jurisdiction or shall show the basis and shall be made upon forms prescribed and furnished by the town administrator.

      3.   The burden of proving that any transaction or items are not taxable or are exempt from the tax shall be upon the person asserting such claim.

      4.   Upon receipt of an application, the town administrator shall examine the same with all due speed and shall give written notice to the applicant of his or her decision thereon.

      1.   An appeal of a denial of a refund shall be submitted in writing to the town administrator within twenty (20) calendar days from the date of the denial of the refund and shall identify the amount of the refund requested and the basis for the appeal.

Every person who is required to obtain a license to do business in the town as required by this code shall keep and preserve suitable records of all sales, purchases and leases made by such person, and such other books or accounts as may be necessary to determine the amount of tax for the collection or payment of which such person is liable hereunder. It is the duty of every such person to keep and preserve all such books, invoices and other records for a period of three (3) years following the date the taxes were due to the town. Such items shall be open for examination in accordance with section 3-3-8 of this chapter. If the taxpayer has filed a tax return for any period after the due date for that period, the records for the period must be preserved for three (3) years after the date the return was filed. If the taxpayer has not filed a tax return for any period, the records must be preserved indefinitely. Failure to preserve all records shall be an act of fraud against the town and shall be subject to applicable penalties as outlined in subsection 3-3-12C and section 3-3-15 of this chapter. (Ord. 341, 11-21-2006)

   A.   For the purpose of ascertaining the correctness of a return, or for the purpose of determining the amount of tax due from any person, whether or not licensed under this title, the town administrator may hold investigations, including audits, and hearings concerning any matters covered by this chapter, may examine any relevant books, papers, records or memoranda of any such person or any officer or employee of such person, or of any person having knowledge of the transactions involved, and may take testimony and evidence as proof of the information. The town administrator shall have the power to administer oaths to such persons.

   B.   The town administrator may schedule a hearing, notifying all interested parties by regular mail at least thirty (30) days prior to the date of the hearing. The town administrator is authorized to issue subpoenas as outlined in section 3-3-10 of this chapter. Such hearing shall be informal and no transcript, rule of evidence or filing of briefs shall be required; however, the taxpayer may elect to submit a brief, in which case the town may submit a brief. The town administrator shall hold such hearing and issue a final decision thereon within sixty (60) days after the town's notification to the taxpayer, except the town may extend such period if the delay in holding the hearing or issuing the decision thereon was occasioned by the taxpayer; however, in any event, the town administrator shall hold such hearing within ninety (90) days of notifying the taxpayer of the hearing. The decision shall be mailed by regular mail to the taxpayer. If a taxpayer has exhausted town remedies, the taxpayer may dispute the decision of the town administrator either by requesting a state hearing or by appealing the decision to the district court as provided in section 29-2-106.1, Colorado Revised Statutes. (Ord. 341, 11-21-2006)

   A.   A taxpayer may request a hearing on any proposed tax imposed under this chapter after receiving a notice of final determination, assessment, and demand for payment or denial of a claim for refund by filing a request for hearing within twenty (20) calendar days of the date of mailing of the notice of final determination or refund denial. The town administrator may allow a later filing of a hearing request if the taxpayer shows good cause for a late filing. The request for hearing shall set forth the reasons for and amount of changes in the notice of final determination or refund denial that the taxpayer seeks and such other information as the town administrator may prescribe.

   B.   The town administrator shall conduct the hearing under procedures as shall be adopted by him, except that the town administrator shall notify the taxpayer in writing of the time and place of the hearing at least seven (7) calendar days before it is scheduled, unless the taxpayer agrees to a shorter time. The hearing shall be held within sixty (60) days of the date of receipt of the request for a hearing, unless the taxpayer agrees to a later date.

   C.   The town administrator shall conduct the hearing and may administer oaths and take testimony. The hearing officer on the appeal shall not be the same individual who determined the tax liability.

   D.   In lieu of a request for hearing as provided in subsection A of this section, a taxpayer may request an extension of up to twenty (20) calendar days for seeking a hearing by filing a written request within twenty (20) calendar days after the date of mailing of the notice of final determination or refund denial or may file a written brief and such other documents and information as the taxpayer wishes within twenty (20) calendar days after the date of mailing of the notice of final determination or refund denial and request the town administrator to reconsider the action without a hearing. If the taxpayer requests a reconsideration of the town administrator's decision, the town administrator shall consider the request and render a decision, after which the taxpayer may request a hearing thereon as provided in subsection A of this section.

   E.   The town administrator may modify or abate in full the tax, penalty, and interest protested by the taxpayer or grant the requested refund, based on the evidence and argument presented.

   F.   The town administrator shall send a determination notice to the taxpayer setting forth a decision, including any amount found due or amount of claim for refund denied and the grounds for allowing or rejecting the claim in whole or in part. The determination notice is an assessment that is due and payable within thirty (30) days from its date, unless the taxpayer appeals the town administrator's decision as provided in section 29-2-106(1), Colorado Revised Statutes.

   G.   If after twenty (20) calendar days from the date of the mailing of the notice of final determination or refund denial, the tax has not been paid, no request for hearing has been made, no extension has been requested, and no request for reconsideration has been filed by the taxpayer, the notice of final determination, assessment and demand for payment previously mailed constitutes a final assessment of the amount of tax specified, together with interest and penalties or a final denial of refund, except as to any amounts about which the taxpayer has filed a protest with the town administrator. (Ord. 341, 11-21-2006)

All subpoenas issued under the terms of this chapter may be served by any person over the age of eighteen (18) years. The fees of witnesses for attendance in response to a subpoena shall be the same as the fees of witnesses before the district court, such fees to be paid when the witness is excused from further attendance. When the witness is subpoenaed at the instance of the town administrator, such fees shall be paid by the town. When a witness is subpoenaed at the instance of any other party to such proceeding, the town administrator may require that the cost of service of the subpoena, and the fee of the witness be borne by the party at whose instance the witness is summoned. In such case, the town administrator, in his or her discretion, may require a deposit to cover the cost of such service and witness fees prior to issuing such subpoenas. A subpoena issued as aforesaid shall be served in the same manner as a subpoena issued out of a court of record. (Ord. 341, 11-21-2006)

   A.   For the purpose of ascertaining the correct amount of tax due from any taxpayer engaged in business in the town, the town administrator may authorize an agent to conduct an audit by examining any relevant books, accounts and records of such person. The town administrator may authorize such an audit at any time the town administrator has reasonable cause to believe that taxes may be due to the town for transactions involving the taxpayer.

   B.   All of the taxpayer's books, accounts and records shall be open at any time during regular business hours for examination by an authorized agent of the town administrator. If any taxpayer refuses to furnish voluntarily any of the foregoing information when requested by the town administrator or authorized agent, the town administrator may issue a subpoena to require that the taxpayer or the taxpayer's representative attend a hearing or produce any such books, accounts and records for examination.

   C.   Any tax deficiency or overpayment ascertained through audit shall be computed by one or more of the following methods or any other method as the agent of the town administrator deems appropriate:

      1.   By identifying transactions on which the tax was not properly or accurately collected or paid.

      2.   By identifying other irregularities in the calculation of tax due.

      3.   By estimating taxes due based on the results of testing the taxpayer's records on a statistical or other reasonable basis.

   D.   Any charitable organization claiming exemption under the provisions of this chapter is subject to audit in the same manner as any other person engaged in business in the town.

   E.   The town is authorized to audit taxpayer's records for the thirty six (36) calendar months preceding the month the taxpayer is notified that an audit is to be conducted. The audit period may be extended by mutual agreement of the town and the taxpayer. The ability to audit this thirty six (36) month period shall not lapse due to the passage of time once the taxpayer has been notified of the audit period.

   F.   If the taxpayer does not provide files in an organized format; if the auditors must go through taxpayer files, boxes, etc., in order to obtain records for audit; or if taxpayer fails to provide information in a timely fashion, the town shall be entitled to charge an hourly fee for time spent organizing, gathering, or in any way assembling taxpayer records for audit. Such fee shall be determined by the town administrator and shall fully reimburse the town for all of its costs and expenses in conducting such investigation. (Ord. 341, 11-21-2006)

   A.   Assessments, Penalties: If any person fails, neglects, or refuses to file a return and pay the tax required by this chapter or fails to remit the correct amount of tax; or underpays the tax on a regular basis; or underpays the tax because of negligence or fraud, the town administrator shall make an estimate of the tax due, based on available information, and shall add thereto penalties, interest, and any additions to the tax. The town administrator shall serve upon the delinquent taxpayer personally or by first class mail directed to the last address of the taxpayer on file with the town, written notice of such estimated taxes, penalties, and interest, constituting a notice of final determination, assessment, and demand for payment due and payable within twenty (20) calendar days after the date of the notice. The taxpayer may request a hearing on the assessment as provided in section 3-3-9 of this chapter.

   B.   Failure To File Return: The penalties assessed for failure to file returns or pay taxes as required by this chapter shall be:

      1.   If a person neglects or fails to file a return or pay the tax on any return required under this chapter on the date prescribed therefor, determined including any extension of time for filing, such taxpayer is liable to pay a penalty of ten percent (10%) plus interest on such delinquent taxes at the rate imposed by subsection H of this section until paid. The town administrator shall assess the penalties by serving upon the taxpayer a notice of final determination, assessment, and demand for payment, as provided in subsection A of this section.

   C.   Fraud: A taxpayer who fails to file a return or pay the tax on any return required under this chapter on the date prescribed therefor, determined with regard to any extension of time for filing, due to fraud with the intent to evade the tax, is liable to pay a penalty of the greater of one hundred dollars ($100.00) or one hundred percent (100%) of the deficiency plus interest at a rate of three percent (3%) per month on the amount of the deficiency from the date the return was due until paid. The town administrator shall assess the penalties by serving upon the taxpayer a notice of final determination, assessment, and demand for payment, as provided in subsection A of this section.

   D.   Mathematical Error: If the amount of tax is understated on the taxpayer's return because of a mathematical error on the face of the return, the town administrator shall notify the taxpayer by notice of final determination, assessment, and demand for payment of the amount of tax liability exceeding that shown in the return. The taxpayer has no right of appeal from this assessment but shall pay the tax due and assessed or file an amended return to show the correct amount of tax due within ten (10) days from the date of the notice.

   E.   Waiver: For good cause shown the town administrator may waive any penalty assessed or interest imposed under this chapter.

   F.   Interest: Interest prescribed under this chapter shall be paid upon notice and demand, shall be assessed, collected, and paid in the same manner as the tax to which it applies, and may be assessed and collected at any time during the period within which the tax to which the interest relates may be assessed and collected.

   G.   Overpayment: If any portion of a tax is satisfied by credit of an overpayment, no interest shall be imposed under this chapter on the portion of the tax so satisfied for any period during which, if the credit had been allowed, interest would have been allowed to the taxpayer upon the overpayment.

   H.   Interest Rate: When interest is required or permitted to be charged under any provision of this chapter, and not otherwise provided, the rate of interest shall be one percent (1%) a month.

   I.   Penalties Not Exclusive: The penalties provided in this section are not exclusive. (Ord. 341, 11-21-2006)

   A.   The tax imposed by this chapter, along with all penalties and interest pertaining thereto, is a first and prior lien upon the tangible personal property including, without limitation, the goods, stock in trade and business fixtures in which the taxpayer has an ownership interest, except for goods that have been purchased in the ordinary course of business by retail purchasers, and such lien takes priority over other liens or claims of whatsoever kind or nature on such property.

   B.   The tax imposed by this chapter, along with all penalties and interest pertaining thereto, is a first and prior lien on the real and personal property of the taxpayer, and such lien takes priority.

   C.   Whenever the business or property of any taxpayer is placed in receivership or bankruptcy or seized under distraint for nonpayment of property taxes, or an assignment is made for the benefit of creditors, all taxes, penalties and interest imposed by this chapter and for which the taxpayer is in any way liable under this chapter are a prior and preferred claim against all the property of the taxpayer. No sheriff, receiver, assignee or other officer shall sell the property of any taxpayer subject to the provisions of this chapter under process or order of any court without first ascertaining from the town administrator the amount of any taxes, penalties or interest due and payable under this chapter. If there are any such taxes, penalties or interest due, owing or unpaid, it is the duty of such officer to first pay the amount of the taxes, penalties or interest out of the proceeds of such sale before paying any monies to judgment creditors or other claimants, except that the officer may pay costs of the proceeding and other preexisting liens or claims taking lawful precedence over the town's claim.

   D.   In the event the taxpayer discharges its debts through bankruptcy, dissolution, reorganization or other means, the town shall be empowered to pursue collection of the unpaid taxes from any officer, agent, trustee or other official of the taxpayer. The town may collect the taxes due through garnishment, liens or any other lawful methods, including, but not limited to, enforcement actions applicable to the taxpayer.

   E.   If any tax, penalty or interest imposed by this chapter, and shown due by returns filed by the taxpayer or by assessments made by the town as provided in this chapter, is not paid within five (5) days after it is due, the town administrator may issue a notice setting forth the name of the taxpayer, the amount of the tax, penalties and interest, the date of its accrual, and the fact that the town claims a first and prior lien therefor on the real and personal property of the taxpayer. The notice of lien shall be made on forms prescribed by the town administrator and verified by the town administrator and may be filed in the office of the clerk and recorder of any county in the state in which the taxpayer owns real or personal property, or with any person in possession of any personal property or rights to property belonging to the taxpayer.

   F.   The town administrator shall release any lien as shown on the records of the county clerk and recorder as herein provided, upon payment of all taxes, penalties and interest covered thereby, in the same manner as mortgages and judgments are released. (Ord. 341, 11-21-2006)

   A.   Any person who sells a business or stock of goods or closes a business shall complete and file the returns required under this chapter; pay the taxes, penalties and interest due within ten (10) days of the date on which such person sold the business or stock of goods or closed the business; and indicate that it is a final return, that the business is sold or closed, and the name and address of the purchaser of business, if any.

   B.   The tax imposed by this chapter shall be a first and prior lien on the real or personal property, goods, furniture, fixtures, furnishings, equipment, and/or inventory owned or used by a business. This lien shall take priority over all other claims or liens against the property. A purchaser of a business who has acquired the real or personal property, goods, furniture, fixtures, equipment and/or inventory of the business shall withhold sufficient funds from the purchase money to cover the amount of taxes, penalties and interest imposed by this chapter due and unpaid until the seller provides a receipt from the town administrator showing that such taxes, penalties and interest have been paid. If taxes, penalties and interest imposed by this chapter are due and unpaid after the ten (10) day period herein provided, such purchaser of the business is personally liable for the payment of the taxes, penalties and interest imposed by this chapter due and unpaid to the town to the same extent as the seller of the business. (Ord. 341, 11-21-2006)

   C.   It is unlawful for any person to aid or abet another in any attempt to evade the payment of the tax imposed by this chapter.

   E.   A criminal action may be brought against any person, officer, employee, agent or other representative who violates any of the provisions of this chapter. Each day that this chapter is violated shall constitute a separate violation. Action may be brought in municipal court or any state court of proper jurisdiction. Each violation is punishable as set forth in section 1-4-1 of this code. (Ord. 341, 11-21-2006)

The Jefferson County Emergency Telephone Service Authority Board is hereby authorized to impose and collect an emergency telephone charge as defined in Colorado Revised Statutes 29-11-102 (2), in an amount of up to and including either forty cents ($0.40) per telephone exchange access facility or two percent (2%) of the service provider tariff rate as defined in Colorado Revised Statutes 29-11-102 (2), whichever is at any point in time the lower, subject to the condition that prior to establishing or raising or lowering such charge the Authority Board shall first give public notice of its intent in the official newspaper of the Town and hold a public hearing thereon at which any interested person may be present and appear. (Ord. 185, 12-4-1985)

Any change in the emergency telephone charge from time to time under this authority shall be in accordance with Colorado Revised Statutes 29-11-103. (Ord. 185, 12-4-1985)

This Chapter shall be cited as the ADULT BUSINESS ORDINANCE OF THE TOWN OF MORRISON. (Ord. 277, 10-7-1997)

For the purpose of this Chapter, the words and phrases used herein, unless the context otherwise indicates, shall have the following meanings:

   ADULT ARCADE: Any commercial establishment to which the public is permitted or invited where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing machines, for viewing by five (5) or fewer persons per machine at any one time, are used to regularly show films, motion pictures, video cassettes, slides, or other photographic reproductions depicting actual acts of masturbation, sexual intercourse, copulation, sodomy or displaying human genitals in a state of sexual stimulation, arousal, or tumescence, or depicting excretory functions as a part of or in connection with any of the activities set forth in this Section.

   ADULT BOOKSTORE OR ADULT VIDEO STORE: A. A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

   B.   A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas".

The definition of "principal business purpose" shall include any establishment having as a substantial or significant portion of its stock in trade the items listed in subsection A1 and A2 of this definition or any premises in which at least one hundred (100) square feet of floor space is occupied by the display of such items.

   ADULT ENTERTAINMENT: Any exhibition, display, or dance which involves the exposure to view of any portion of the female breast below the top of the areola, male genitals, female genitals, or the pubic hair, anus, or cleft of the buttocks of any person or male genitals in a discernible turgid state even if completely and opaquely covered.

   ADULT MOTEL: A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions.

   ADULT MOTION PICTURE THEATER: Any commercial establishment to which the public is permitted or invited, where for any form of consideration, films, motion pictures, video cassettes, slides, or other photographic reproductions are regularly shown depicting actual acts of masturbation, sexual intercourse, oral copulation, sodomy or displaying human genitals in a state of sexual stimulation, arousal, or tumescence, or depicting excretory functions as a part of or in connection with any of the activities set forth in this definition. Any establishment meeting the definition of an "adult arcade" is not an adult motion picture theater.

   MASSAGE PARLOR: An establishment providing massage, but it does not include training rooms of public or private schools accredited by the State Board of Education or approved by the division charged with the responsibility of approving private occupational schools, training rooms of recognized professional or amateur athletic teams, or licensed health care facilities. A facility which is operated for the purpose of massage therapy performed by a massage therapist is not a massage parlor. For purposes of this definition, "massage therapist" means a person who has graduated from a massage therapy school accredited by the State educational board or division charged with the responsibility of approving private occupational schools, or from a school with comparable approval or accreditation from another state with transcripts indicating completion of at least five hundred (500) hours of training in massage therapy. For purposes of this definition, a massage therapy school may include an equivalency program approved by the State educational board or division charged with the responsibility of approving private occupational schools.

   NUDE MODEL STUDIO: Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. The term "nude model studio" does not apply to:

   C.   A business located in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, and where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class, and where no more than one nude model is on the premises at any one time.

   NUDITY OR A STATE OF NUDITY: The appearance of a bare human buttock, anus, male genitals, female genitals, or female breast.

   SEMI-NUDE: A state of dress in which clothing covers more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

   SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that regularly offers as one of its primary business purposes, for any form of consideration, activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity. This definition does not apply to licensed massage therapy or any treatment or examination of another person for a bona fide medical purpose when such treatment or examination is conducted in a manner substantially consistent with reasonable medical practices.

   SPECIFIED ANATOMICAL AREAS: Means and includes any of the following:

   A.   Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast below a point immediately above the top of the areola; or

   SPECIFIED SEXUAL ACTIVITIES: Means and includes any of the following:

   A.   The fondling or other intentional erotic touching of human genitals, pubic region, buttock, anus, or female breast;

   E.   Excretory functions as part of or in connection with any of the activities set forth in subsections A through D of this definition. (Ord. 277, 10-7-1997)

   A.   It shall be unlawful to operate or cause to be operated an adult business in any location except as provided in the Morrison Zoning Ordinance.

      1.   A church as defined in the Morrison Zoning Ordinance;

      2.   A school or child care facility as defined in the Morrison Zoning Ordinance;

      4.   The property line of a lot zoned for residential use;

      5.   The property line of a lot on which there is a dwelling unit.

   C.   It shall be unlawful to cause or permit the operation of an adult business within one thousand feet (1,000') of another "adult business" or a "massage parlor" as defined in Section 3-5-2 of this Chapter. The distance between any two (2) such businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which the adult business is located.

   D.   It shall be unlawful to cause or permit the operation, or maintenance of more than one adult business in the same building, structure, or portion thereof.

   E.   For the purpose of subsection B of this Section, the distance between an adult business and the premises of a church, school, child care facility, public park, residential district, or a residential lot shall be measured in a straight line, without regard to intervening structures, objects or town limits, from the closest exterior wall of the structure in which the adult business is located to the property line of such uses.

   F.   Any adult business lawfully operating on the effective date of this Chapter that is in violation of subsections B through E of this Section shall be allowed to continue operating for an amortization period of six (6) months. Six (6) months after this Ordinance becomes effective, all adult businesses must comply with this Section and all other provisions of this Chapter.

   G.   An adult business lawfully operating is not rendered a nonconforming use by the subsequent location of a church, school, child care facility, public park, residential district, or a residential lot within seven hundred fifty feet (750') of the adult business; however, if the adult business ceases operation for a period of one hundred eighty (180) days or more regardless of any intent to resume operation, it may not recommence operation in that location.

   H.   Except for the amortization period set forth in subsection F of this Section, each day of operation in violation of any provision of this Chapter shall constitute a separate offense. (Ord. 277, 10-7-1997)

      4.   In the event an application for an adult business license is withdrawn or denied, the license fee shall be refunded in full to the applicant.

      1.   All applicants for an adult business license shall file an application for such license with the Town Clerk on forms to be provided by the Clerk. Each individual applicant, partner of a partnership, officer, director of a corporation or manager of a limited liability company, and all managers, shall be named in each application form, and each of them shall be photographed and fingerprinted by the Morrison Police Department.

      2.   The complete application shall contain the following information and shall be accompanied by the following documents:

         a.   If the applicant is:

            (1)   An Individual: The individual shall state his legal name and any aliases and submit satisfactory proof that he is twenty one (21) years of age if the adult business will have adult entertainment or at least age eighteen (18) if not;

            (2)   A Partnership: The partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;

            (3)   A Corporation: The corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the statutes of the State, or in the case of a foreign corporation, evidence that it is currently authorized to do business in the State, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process;

            (4)   A Limited Liability Company: The company shall state its complete name, the date of its formation, evidence that the company is in good standing under the statutes of the State, or in the case of a foreign company, evidence that it is currently authorized to do business in the State and the name of the manager and registered agent and the address of the registered office for service of process.

         b.   Whether the applicant or any other individual listed pursuant to subsection B1 of this Section had a previous adult business license under this Chapter, or other adult business or similar ordinance from another city or county, denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to subsection B1 of this Section has been a partner in a partnership or an officer, director of a corporation, or manager of a limited liability company that is permitted under this Chapter whose license has previously been denied, suspended or revoked, including the name and location of the adult business for which the license was denied, suspended or revoked as well as the date of denial, suspension or revocation.

         c.   Whether the applicant or any other individual listed pursuant to subsection B1 of this Section holds any other license under this Chapter or other similar adult business ordinance from another city or county and, if so, the names and locations of such other permitted businesses.

         d.   The location of the proposed adult business, including a legal description of the property, street address, and telephone number(s), if any.

         e.   Proof of the applicant's right to possession of the premises wherein the adult business will be conducted.

         f.   The applicant's mailing address and residential address.

         g.   The applicant's driver's license number, social security number and/or his federally issued tax identification number.

         h.   A floor plan of the licensed premises which specifies the location and dimensions of any manager's station and demonstrates that there is an unobstructed view from at least one of the manager's stations of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. The floor plan shall designate those rooms or other areas of the premises where patrons are not permitted and shall also designate the use of each room or other area of the premises. The floor plan need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (±6"). The diagram shall designate the place at which the license will be conspicuously posted and the location of any stage.

         i.   A current certificate and straight-line drawing prepared, within thirty (30) days prior to the application, by a land surveyor depicting the property lines and the structures containing any adult business or massage parlor within one thousand feet (1,000') of the closest exterior wall of the structure in which the applicant business will be located and depicting the property line of any church, school, child care facility, public park, residential district, or a dwelling unit within seven hundred fifty feet (750') from the closest exterior wall of the structure in which the applicant business will be located.

         j.   Evidence that the proposed location of such business complies with the locational requirements of the Zoning Ordinance.

      3.   If the applicant is an individual, he must sign the application for a license. If the applicant is other than an individual, an authorized representative of the other legal entity must sign the application for a license.

      4.   The Town Clerk shall not accept any application that is not complete in every detail. If an omission or error is discovered by the Town Clerk, the application will be returned to the applicant for completion or correction without further action by the Town Clerk. Any application rejected due to an omission or error shall be refiled only when the omission or error has been remedied. For the purposes of this Chapter, the date the Town Clerk accepts an application which is complete in every detail shall be the date the application is filed with the Town Clerk.

      5.   In the event that the Town Clerk determines that the applicant has improperly completed the application, he shall promptly notify the applicant of such fact and allow the applicant ten (10) days to properly complete the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.

      6.   Applicants for a license under this Chapter shall have a continuing duty to promptly supplement application information required by this Section in the event that the information changes in any way from what was previously provided. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the Town Clerk, shall be grounds for suspension of an adult license.

   C.   Application Fee: Each applicant, whether an individual, partnership, or corporation, shall pay an application fee of one hundred fifty dollars ($150.00) at the time of filing an application. Such application fee shall be nonrefundable.

      1.   The application of any applicant shall be approved or denied by the Town Clerk within sixty (60) days of the date the application is filed with the Town Clerk. The Town Clerk shall deny a license if:

         a.   The applicant is under the age required of applicants in subsection B2 of this Section;

         b.   The applicant has made a false statement upon the application or given false information in connection with an application;

         c.   The applicant, or a director, officer, partner, or principal of the applicant has had an adult business license revoked or suspended anywhere within the State within one year prior to the application;

         d.   The applicant has operated an adult business which was determined to be a public nuisance under State law, a county or municipal ordinance or resolution, or the Morrison Municipal Code within one year prior to the application;

         e.   A corporate applicant is not in good standing or authorized to do business in the State; or

         f.   The applicant is overdue in payment to the Town of taxes, fees, fines, or penalties assessed against him or imposed against him in relation to an adult business.

      2.   In the event that the Town Clerk denies a license, she shall make written findings of fact stating the reasons for the denial and a copy of such decision shall be sent by certified mail to the address shown in the application within ten (10) days after her denial. An applicant shall have the right to a hearing before the Board of Trustees. A written request for such a hearing shall be made to the Board of Trustees within thirty (30) days of the date of the denial of the license by the Town Clerk.

      3.   No license shall be issued by the Town Clerk or his designee after approval of an application until the building in which the business is to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with the provisions of this Chapter, and then only after inspection of the premises has been made by the Police Department to determine that the applicant has complied with the plans and specifications submitted with the application. Such inspection of the premises shall be made within ten (10) days after the Town Clerk receives written notification from the applicant that premises are in compliance with the submitted plans and specifications. If the licensed location has been inactive, without good cause, for at least one year or if the building has not been constructed and placed in operation within two (2) years after approval of the license application, or construction of the building has not commenced within one year after such approval, the Town Clerk or her designee, shall revoke or elect not to issue or renew the license.

   E.   Term Of The License: All licenses granted pursuant to this Chapter shall be for a term of one year. Said term shall commence on January 1 of each year and terminate upon December 31 of the same year. Applications for a license filed at any other time during the year shall be treated the same as if they were filed January 1 of that year and shall terminate on December 31 of that same year, and no proration shall be permitted.

   F.   License Renewal: Renewal of an existing license granted pursuant to this Chapter may be had by payment of the annual licensing fee and filing of a renewal application with the Town Clerk not less than forty five (45) days prior to the date of expiration. The Town Clerk may, for good cause shown, waive the timely filing requirement. (Ord. 277, 10-7-1997)

   A.   The Board of Trustees may suspend a license for a period not to exceed six (6) months or revoke any license granted pursuant to this Chapter upon a finding of any of the following factors:

      1.   That repeated disturbances of public peace have occurred within the licensed establishment or upon any parking areas, sidewalks, access ways or grounds within the neighborhood of the licensed establishment involving patrons, employees, or the licensee;

      2.   That the licensee or any employees thereof have illegally offered for sale or illegally allowed to be consumed or possessed upon the licensed premises, or upon any parking areas, sidewalks, access ways or grounds immediately adjacent to the licensed premises, narcotics or dangerous drugs or fermented malt, malt, vinous or spirituous beverages;

      3.   That the licensee or manager or his designee is not upon the licensed premises at all times that adult entertainment is being provided;

      4.   That adult entertainment was offered at the licensed establishment during prohibited hours;

      5.   That the licensee, manager, or employee has allowed patrons to engage in public displays of indecency in violation of Colorado law or has allowed patrons or employees to engage in acts of prostitution or negotiations for acts of prostitution within the licensed establishment or upon any parking areas, sidewalks, access ways, or grounds immediately adjacent to the licensed establishment, when the licensee, manager, or employee knew or should have known such displays or acts were taking place;

      6.   That the licensee or manager made a false statement or gave false information in connection with an application for a license or a renewal of a license;

      7.   That the licensee, manager, or employee violated or permitted a violation of any provision of this Chapter including the standards of conduct set out in Section 3-5-9 of this Chapter;

      8.   That a manager of the licensed establishment is under the age of twenty one (21) years if adult entertainment is offered or eighteen (18) if there is no adult entertainment offered on the premises;

      9.   The licensee, in the case of a corporation, is not in good standing or authorized to do business in the State;

      10.   The licensee, or an employee knowingly operated the adult business during a period of time when the adult business license was suspended;

      11.   The licensee is delinquent in payment to the Town or State for any taxes or fees past due; or

      12.   That the licensee, manager, or employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, or masturbation to occur within the licensed premises.

   B.   Nothing in this Chapter shall prohibit the Town from taking any other enforcement action provided for by this Code, the laws of the State, or of the United States.

   C.   A licensee shall be entitled to a hearing before the Board of Trustees if the Town seeks to suspend or revoke his license based on a violation of this Ordinance.

      1.   When there is probable cause to believe that a licensee has violated or permitted a violation of this Chapter to occur in or near the licensed establishment, the Town Attorney may file a written complaint with the Board of Trustees setting forth the circumstances of the violation.

      2.   The Board of Trustees shall provide a copy of the complaint to the licensee, together with notice to appear before the Board of Trustees for the purpose of a hearing on a specified date to show cause why the licensee's license should not be suspended or revoked.

      3.   At the hearing referred to in this subsection C, the Board of Trustees shall hear such statements and consider such evidence as the Police Department, or other enforcement officers, the owner, occupant, lessee, or other party in interest, or any other witness shall offer which is relevant to the violation alleged in the complaint. The Board of Trustees shall make findings of fact from the statements and evidence offered as to whether the violation occurred in or near the licensed establishment. If the Board of Trustees determines that a violation did occur it shall issue an order suspending or revoking the license, within thirty (30) days after the hearing is concluded, based on the findings of fact. A copy of the order shall be mailed to or served on the licensee at the address on the license.

      4.   The order of the Board of Trustees made pursuant to subsection C3 of this Section shall be a final decision and may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4). Failure of an applicant to timely appeal said order constitutes a waiver by him of any right he may otherwise have to contest the suspension or revocation of his license.

      5.   The Board of Trustees shall have the power to administer oaths, issue subpoenas, and when necessary, grant continuances. Subpoenas may be issued to require the presence of persons and production of papers, books, and records necessary to the determination of any hearing which the Board of Trustees conducts. It is unlawful for any person to fail to comply with any subpoena issued by the Board of Trustees. A subpoena shall be served in the same manner as a subpoena issued by the District Court of the State. Upon failure of any witness to comply with such subpoena, the Town Attorney shall:

         a.   Petition the judge of the Municipal Court of the Town, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, that the court, after hearing evidence in support of or contrary to the petition, enter its order compelling the witness to attend and testify or produce books, or other evidence, under penalty of punishment for contempt in case of wilful failure to comply with such order of court; or

         b.   Petition the District Court in and for Jefferson County, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, that the court, after hearing evidence in support of or contrary to the petition, enter its order as in other civil actions, compelling the witness to attend and testify or produce books, or other evidence, under penalty of punishment for contempt in case of wilful failure to comply with such order of court.

      6.   In any such proceeding the Town Attorney may act on behalf of the Town during the hearing.

      7.   All hearings held before the Board of Trustees regarding suspension or revocation of a license issued under this Chapter shall be recorded stenographically or by electronic recording device. Any person requesting a transcript of such record shall post a deposit in the amount required by the Town Clerk, and shall pay all costs of preparing such record.

   D.   In the event of suspension, revocation, or cessation of business, no portion of the license fee shall be refunded.

   E.   When the Board of Trustees revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult business license for one year from the date the revocation became effective. (Ord. 277, 10-7-1997)

   A.   Any adult business license issued pursuant to the terms of this Chapter shall be prominently displayed at all times upon the premises for which the license was issued.

   B.   Licenses issued under this Chapter shall not be transferable except as provided herein. Any change in the partners of a partnership or in officers and directors of a corporate licensee, or of the manager of a limited liability company, holding an adult business license shall result in termination of the license within thirty (30) days of such change, unless the licensee files a written notice of such change accompanied by the application fee and an investigation fee as required by subsection 3-5-4C of this Chapter. Any such change shall be reported on forms provided by the Town Clerk and shall require the names of all new partners, officers and directors of a corporate licensee, or of the manager of a limited liability company, and any information as required by subsection 3-5-4B of this Chapter. Approval or denial by the Town Clerk of such transfer shall be upon the same terms as provided for in this Chapter for the approval or denial of an adult business license.

   C.   When a license has been issued to a husband and wife or to general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner to obtain a new license. All rights and privileges granted under the original license shall continue in full force and effect as to such survivor for the balance of the license.

   D.   Each license issued under this Chapter is separate and distinct, and no person shall exercise any of the privileges granted under any license other than that which he holds. A separate license shall be issued for each specific business or business entity and each geographical location. (Ord. 277, 10-7-1997)

   A.   A registered manager or his designee shall be on the premises of an adult business at all times that adult entertainment is being provided. It shall be unlawful for any person to work as a manager of an adult business without first registering with the Town Clerk. The registration form shall require the applicant to provide his legal name and any aliases, home address, telephone number, and satisfactory proof that he is twenty one (21) years of age.

   B.   Shall immediately report such change and register the new manager on forms provided by the Town Clerk within ten (10) days of such change. (Ord. 277, 10-7-1997)

No adult entertainment shall be offered or provided in the following types of adult businesses during the following days and times:

   A.   The following standards of conduct must be adhered to by employees of any adult business which offers, conducts, or maintains live adult entertainment:

      1.   No employee or entertainer mingling with the patrons or serving food or drinks shall be unclothed or in such attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals or display male genitals in a discernibly turgid state even if completely and opaquely covered.

      2.   No employee or entertainer shall encourage or knowingly permit any person upon the premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person.

      3.   No employee or entertainer shall wear or use any device or covering exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.

      4.   No employee or entertainer shall be unclothed or in such attire, costume, or clothing so as to expose any portion of the female breasts below the top of the areola, or any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals of any person, except upon a stage at least eighteen inches (18") above the immediate floor level and removed at least six feet (6') from the nearest patron or behind a solid, uninterrupted physical barrier which completely separates the entertainer from any patrons. This barrier must be a minimum of one-fourth inch (1/4") thick and have no openings between the entertainer and any patrons. The stage shall be fixed and immovable.

         b.   The touching, caressing or fondling of the breasts, buttocks, anus, or genitals.

      6.   No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this Section.

      7.   There shall be posted and conspicuously displayed in the common areas of each place offering adult entertainment a list of food and drink prices.

      8.   Any tips for entertainers shall be placed by a patron into a tip box which is permanently affixed in the adult business and no tip may be handed directly to an entertainer. A licensee that desires to provide for such tips from its patrons shall establish one or more containers to receive tips. Any physical contact between a patron and an entertainer is strictly prohibited.

      9.   An adult business that provides tip boxes shall conspicuously display in the common area of the premises one or more signs in letters at least one inch (1") high to read as follows:

   ADULT ENTERTAINMENT IS REGULATED
BY THE TOWN OF MORRISON;

      10.   No adult entertainment occurring on the premises shall be visible at any time from outside of the premises.

   B.   Any licensee who offers, conducts, or maintains live adult entertainment or an adult arcade which exhibits in a viewing room of less than one hundred fifty (150) square feet of floor space, a film videocassette, or other video reproduction, shall comply with the following requirements in addition to those set forth in subsection A of this Section:

      1.   It is the duty of the licensee of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

      2.   It is the duty of the licensee and operator of the premises to ensure that any doors to areas on the premises where patrons are permitted remain unlocked during business hours.

      3.   The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose excluding restrooms from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. A manager's station may not exceed thirty two (32) square feet of floor area.

      4.   No alteration to the configuration or location of a manager's station may be made without the prior approval of the Town Clerk.

      5.   It shall be the duty of the licensee, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in subsection B3 of this Section remains unobstructed by any doors, curtains, drapes, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the license application filed pursuant to this Chapter.

   C.   Nothing in this Section shall be construed to permit any act on the premises of a Type B adult business licensee in violation of title 12, article 46 or article 47, Colorado Revised Statutes. (Ord. 277, 10-7-1997)

For those adult businesses which offer live entertainment, the age for allowable admission shall be twenty one (21) years or older. Admission to adult businesses is restricted to persons of the age of twenty one (21) years or more during hours adult entertainment is being presented. This minimum age limitation also applies to any employees, agents, servants, or independent contractors working on the premises. (Ord. 277, 10-7-1997)

   A.   All off-street parking areas and premises entries of adult businesses shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult business to help ensure the personal safety of patrons and employees and to reduce the incidence of vandalism and other criminal conduct.

   B.   The premises of all adult businesses, except adult motion picture theaters, shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access to provide an illumination of not less than two (2) foot-candle of light as measured at the floor level.

   C.   Adult motion picture theaters shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access to provide an illumination of not less than one foot-candle of light as measured at the floor level. (Ord. 277, 10-7-1997)

The application for an adult business license shall constitute consent of the licensee and his agents or employees to permit the Morrison Police Department or any other agent of the Town to conduct routine inspections of any licensed adult business during the hours the establishment is conducting business. (Ord. 277, 10-7-1997)

   A.   By a proprietary school, licensed by the State; a college, junior college, or university supported entirely or partly by taxation;

      1.   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

      2.   Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and

      3.   Where no more than one nude model is on the premises at any one time. (Ord. 277, 10-7-1997)

Any person, firm or corporation, including the officers or agents of a corporation responsible for its actions and the members of a partnership, firm or joint venture, violating or causing a violation of this Chapter or any amendment thereto, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than one hundred eighty (180) days or both. Each day during which such violation continues shall be deemed a separate offense.

   B.   If any building or structure is used or caused to be used, or any land is used or caused to be used, in violation of this Chapter, the Town Attorney, or any owner of property located within the zoning district in which such building, structure or land is situated, or immediately adjacent thereto, in addition to any other remedy or penalty which may exist, may institute injunction, mandamus, abatement, nuisance, or other appropriate action or proceeding to prevent, enjoin, abate or remove such violation. (Ord. 277, 10-7-1997)

The board of trustees hereby finds, determines and declares:

   A.   For the purposes of this chapter, every person that furnishes a lodging room or accommodation for consideration in the town is exercising a taxable privilege. The purpose of this chapter is to impose a tax which will be paid by every lodging provider providing such lodging room or accommodation in the town.

   B.   Pursuant to authority found in the laws of the state, the lodging excise tax is adopted for the purpose of promoting the health, safety, morals and general welfare of the town.

   C.   The provision of lodging rooms and accommodations to the traveling public results in the increased use of town streets and rights of way, increased traffic, increased demands upon municipal services and has substantial effect upon the health, safety and welfare of the citizens of the town and upon expenditures budgeted by the town which is a matter of local concern.

   D.   The classification of the provision of lodging as separate businesses and occupations is reasonable, proper, uniform, nondiscriminatory and necessary. (Ord. 391, 9-17-2013)

For purposes of this chapter, the following words shall have the following meanings:

   LODGER'S TAX: An excise tax payable by the purchaser of lodging services or the aggregate amount of taxes due from a lodging provider during the period for which such person is required to report the collections of lodger's taxes as herein specified.

   LODGING PRICE: The gross price paid, exclusive of other taxes paid, or value given by the customer for the provision of lodging services.

   LODGING SERVICES: The providing of hotel rooms, motel rooms, lodging rooms, motor hotel rooms, guesthouse rooms or other similar accommodations, in an establishment with eight (8) or more guestrooms, except meeting rooms, that are rented to persons for a period of less than one month or thirty (30) consecutive days, but shall not include rentals under a written agreement for occupancy for a period of at least one month or thirty (30) days.

   TAXPAYER: Any person obligated to account to the town for taxes collected or to be collected under the terms of this chapter. (Ord. 391, 9-17-2013; amd. Ord. 562, 4-21-2026)

Effective January 1, 2014, there is hereby levied and shall be paid and collected an excise tax of 6.00 percent on the lodging price paid for leasing, rental or providing of any lodging services located in the town. This tax shall be in addition to the sales and use tax as established pursuant to chapters 2 and 3 of this title. It shall be a violation of this code for any purchaser of lodging services located in the town to fail to pay, or for any lodging provider of such accommodation to fail to collect, a tax levied pursuant to this section. (Ord. 391, 9-17-2013)

The following transactions shall be exempt from the tax imposed by this chapter:

   A.   Lodging or accommodations provided by the United States, the state, its departments and institutions and the political subdivision of the state in their governmental capacities only;

   B.   Lodging or accommodations provided by those charitable, religious and eleemosynary organizations that have received from the internal revenue service status under section 501(c)(3) of the internal revenue code as a tax exempt organization, while in the conduct of their regular charitable, religious or eleemosynary functions and activities;

   A.   Every lodging provider providing lodging taxable under this chapter shall remit such tax on or before the tenth day of each month on account of lodging provided in the preceding month. Said payment shall be accompanied by a return which shall contain such information and be in such form as the town clerk may prescribe.

   B.   The burden of proving that any transaction is exempt from the tax shall be upon the lodging provider.

   C.   If the accounting methods regularly employed by the lodging provider in the transaction of business, or other conditions, are such that the returns aforesaid made on a calendar month basis will impose unnecessary hardship, the town clerk may, upon request of the lodging provider, accept returns at such intervals as will, in the town clerk's opinion, better suit the convenience of the lodging provider and will not jeopardize the collection of the tax; provided, however, that the town clerk may by rule permit a lodging provider whose monthly tax obligation is less than sixty dollars ($60.00) to make returns and pay taxes at intervals not greater than three (3) months.

   D.   It shall be the duty of every lodging provider to maintain, keep and preserve suitable records of all sales made by the lodging provider and such other books or accounts as may be required by the town clerk in order to determine the amount of the tax of which the lodging provider is liable under this chapter. It shall be the duty of every such lodging provider to keep and preserve for a period of three (3) years all such books, invoices and other records, and the same shall be open for examination by the town clerk or the clerk's designee.

   E.   The tax to be paid by a lodging provider shall not be stated and charged separately from the lodging price on any record thereof at the time when the sale is made or at the time when evidence of the sale is issued, provided that the lodging provider may indicate the sales price "includes a 6.00 percent Morrison lodging excise tax". (Ord. 391, 9-17-2013)

   A.   For the purposes of ascertaining the correct amount of the lodging excise tax on the provision of lodging due from any person engaged in such business in the town under this chapter, the town clerk or an authorized agent may conduct an audit by examining any relevant books, accounts and records of such person.

   B.   All books, invoices, accounts and other records shall be made available within the town limits and be open at any time during regular business hours for examination by the town clerk or an authorized agent. If any taxpayer refuses to voluntarily furnish any of the foregoing information when requested, the town clerk may issue a subpoena to require that the taxpayer or its representative attend a hearing or produce any such books, accounts and records for examination.

   C.   Any exempt organization claiming exemption under the provisions of this chapter is subject to audit in the same manner as any other person engaged in the lodging business in the town. (Ord. 391, 9-17-2013)

An application for refund of tax monies paid in error or by mistake shall be made within three (3) years after the date of payment for which the refund is claimed. If the town clerk determines that within three (3) years of the due date, a lodging provider overpaid the excise tax on the provision of lodging, the town clerk shall process a refund or allow a credit against a future remittance from the same taxpayer. If at any time the town clerk determines the amount paid is less than the amount due under this chapter, the difference together with the interest shall be paid by the lodging provider within ten (10) days after receiving written notice and demand from the town clerk. The town clerk may extend that time for good cause. (Ord. 391, 9-17-2013)

   A.   All specific information gained under the provisions of this chapter which is used to determine the tax due from a taxpayer, whether furnished by the taxpayer or obtained through audit, shall be treated by the town and its officers, employees or legal representatives as confidential. Except as directed by a judicial order or as provided in this chapter, no town officer, employee or legal representative shall divulge any confidential information. If directed by judicial order, the officials charged with the custody of such information shall be required to provide only such information as is directly involved in the action or proceeding. Any town officer or employee who shall knowingly divulge any information classified herein as confidential, in any manner, except in accordance with proper judicial order, or as otherwise provided in this chapter or by law, shall be guilty of violation punishable by a fine in accordance with section 1-4-1 of this code but not imprisonment.

   B.   The town clerk may furnish to officials of any other governmental entity who may be owed tax any confidential information, provided that such jurisdiction enters into an agreement with the town to grant reciprocal privileges to the town.

   C.   Nothing contained in this section shall be construed to prohibit the delivery to the taxpayer or their duly authorized representative a copy of such confidential information relating to such taxpayer, the publication of statistics so classified as to prevent the identification of particular taxpayers, or the inspection of such confidential information by an officer, employee or legal representative of the town. (Ord. 391, 9-17-2013)

The town clerk is hereby authorized to prescribe forms and promulgate rules and regulations to aid in the making of returns, the ascertainment, assessment and collection of said excise tax on the provision of lodging and in particular and without limiting the general language of this chapter, to provide for:

   A.   A form of report on the provision of lodging to be supplied to all lodging providers;

   B.   The records which lodging providers providing lodging are to keep concerning the tax imposed by this chapter. (Ord. 391, 9-17-2013)

   A.   It shall be unlawful for any person to intentionally, knowingly or recklessly fail to pay the tax imposed by this chapter, or to make any false or fraudulent return, or for any person to otherwise violate any provisions of this chapter. Any person convicted of a violation of this chapter shall be deemed guilty of a municipal criminal offense and shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of three hundred sixty-four days, or by both such fine and imprisonment. Each day, or portion thereof, that any violation of this chapter continues shall constitute a separate offense.

   B.   A penalty in the amount of ten percent (10%) of the tax due or the sum of ten dollars ($10.00), whichever is greater, shall be imposed upon the lodging provider and become due in the event the tax is not remitted by the tenth day of the month as required by this chapter, or such other date as prescribed by the town clerk, and one and one-half percent (11/2%) interest shall accrue each month on the unpaid balance. The town clerk is hereby authorized to waive for good cause shown, any penalty assessed.

   C.   If any part of a deficiency is due to negligence or intentional disregard of the provisions of this chapter or rules and regulations concerning the same, but without intent to defraud, there shall be added ten percent (10%) to the total of the deficiency, and interest, from the lodging provider required to file a return. If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added fifty percent (50%) of the total amount of the deficiency together with interest, and in such case, the whole amount of the unpaid tax, including the additions, shall become due and payable ten (10) days after written notice and demand by the town clerk. Interest shall be determined at the rate of one and one-half percent (11/2%) per month and shall accrue each month on the unpaid balance.

   D.   If any lodging provider fails to make a return and pay the tax imposed by this chapter, the town may make an estimate, based upon available information, of the amount of tax due and add the penalty and interest provided above. The town shall mail notice of such estimate, by certified mail, to the lodging provider at his or her address as indicated in the town records. Such estimate shall thereupon become an assessment, and such assessment shall be final and due and payable from the taxpayer to the town clerk ten (10) days from the date of service of the notice or the date of mailing by certified mail; provided, however, that within the ten (10) day period such delinquent taxpayer may petition the town clerk for a revision or modification of such assessment and shall, within such ten (10) day period, furnish the town clerk the documents, facts and figures showing the correct amount of such taxes due and owing.

   E.   Such petition shall be in writing, and the facts and figures submitted shall be submitted in writing and shall be given by the taxpayer under penalty of perjury. Thereupon, the town clerk may modify such assessment in accordance with the facts submitted in order to effectuate the provisions of this chapter. Such assessment shall be considered the final order of the town clerk, and may be reviewed under rule 106(a)(4) of the Colorado rules of civil procedure, provided that the taxpayer gives written notice to the town clerk of such intention within ten (10) days after receipt of the final order of assessment.

   A.   The tax imposed by this chapter, together with the interest and penalties herein provided and the costs of collection which may be incurred, shall be, and until paid shall remain a first and prior lien superior to all other liens on all the tangible personal property of a taxpayer within the town and may be foreclosed by seizing under distraint warrant and selling so much thereof as may be necessary to discharge the lien. Such distraint warrant may be issued by the town clerk whenever the taxpayer is in default in the payment of the tax, interest, penalty or costs. Such warrant may be served and the goods subject to such lien seized by any town police officer, the Jefferson County sheriff or any duly authorized employee of the town. The property so seized may be sold by the agency seizing the same or by the town clerk, by public auction after ten (10) days have passed following an advertised notice in a newspaper published or circulated in the town, in the same manner as is prescribed by law in respect to executions against property upon judgment of a court of record, and the remedies of garnishment shall apply.

   B.   The tax imposed by this chapter shall be and remain a first and prior lien superior to all other liens on the real property and appurtenant premises at which the taxable transactions occurred. (Ord. 391, 9-17-2013)

   A.   The town clerk may also treat any such taxes, penalties, costs or interest due and unpaid as a debt due the town from the taxpayer.

   B.   In case of failure to pay the taxes or any portion thereof, or any penalty, costs or interest thereon, when due, the town clerk may recover at law the amount of such taxes, penalties, costs, the reasonable value of any attorney's time or the reasonable attorney fees charged, plus interest, in any county or district court of the county wherein the taxpayer resides or had a principal place of business (at the time the tax became due) having jurisdiction of the amount sought to be collected.

   C.   The return of the taxpayer or the assessment made by the town clerk shall be prima facie proof of the amount due.

   D.   Such actions may be actions in attachment and writs of attachment may be issued to the Morrison police or Jefferson County sheriff, as the case may be, and in any such proceeding no bond shall be required of the town clerk, nor shall any police officer or sheriff require of the town clerk an indemnifying bond for executing the writ of attachment or writ of execution upon any judgment entered in such proceedings. The town clerk may prosecute appeals in such cases without the necessity of providing bond therefor.

   E.   It shall be the duty of the town attorney, when requested by the town clerk, to commence action for the recovery of taxes due under this chapter and this remedy shall be in addition to all other existing remedies or remedies provided in this chapter. The taxpayer shall be responsible for paying the town's attorney fees and costs.

   F.   The town may certify the amount of any delinquent tax, plus interest, penalties and the cost of collection including attorney fees and costs, as a charge against the property at which the taxable transaction occurred to the county treasurer for collection in the same manner as delinquent ad valorem taxes. (Ord. 391, 9-17-2013)

Whenever the business or property of a taxpayer subject to this chapter shall be placed in receivership, bankruptcy or assignment for the benefit of creditors or seized under distraint for taxes, all taxes, penalties and interest imposed by this chapter and for which the taxpayer is in any way liable under the terms of this chapter shall be a prior and preferred lien against all the property of the taxpayer, except as to other tax liens which have attached prior to the filing of the notice, and no sheriff, receiver, assignee or other officer shall sell the property of any person subject to this chapter under process or order of any court, without first ascertaining from the town clerk the amount of any taxes due and payable under this chapter, and if there be any such taxes due, owing and unpaid, it shall be the duty of such officer to first pay the amount of the taxes out of the proceeds of such sale before making payment of any monies to any judgment creditor or other claimants of whatsoever kind or nature, except the costs of the proceedings and other preexisting tax liens as above provided. (Ord. 391, 9-17-2013)

   A.   Hearings before the town clerk pursuant to provisions in this chapter shall be held pursuant to the ordinance codified herein and rules and regulations promulgated by the town clerk. Any subpoena issued pursuant to this chapter may be enforced by the municipal judge pursuant to section 13-10-112(2) Colorado Revised Statutes. The fees of witness for attendance at hearings shall be the same as the fees of witnesses before the district court, such fees to be paid when the witness is excused from further attendance. When the witness is subpoenaed at the instance of the town clerk, such fees shall be paid in the same manner as other expenses under the terms of this chapter, and when a witness is subpoenaed at the instance of any party to any such proceeding, the town clerk may require that the cost of service of the subpoena and the fee of the witness be borne by the party at whose instance the witness is summoned. In such case, the town clerk, at his or her discretion, may require a deposit to cover the cost of such service and witness fees. A subpoena issued as aforesaid shall be served in the same manner as a subpoena issued out of a court of record.

   B.   The municipal judge, upon the application of the town clerk, may compel the attendance of witnesses, the production of books, papers, records or memoranda and the giving of testimony before the town clerk or duly authorized hearing officers, by an action for contempt, or otherwise, in the same manner as production of evidence may be compelled before the court. (Ord. 391, 9-17-2013)

The town clerk or any party in an investigation or hearing before the town clerk may cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in courts of this state and to that end compel the attendance of witnesses and the production of books, papers, records or memoranda. (Ord. 391, 9-17-2013)

   A.   Except as otherwise provided in this section, the taxes for any period, together with interest thereon and penalties with respect thereto, imposed by this chapter shall not be assessed, nor shall notice of lien be filed or distraint warrant be issued or suit for collection be instituted, or any other action to collect the same be commenced, more than three (3) years after the date on which the tax was or is payable. Nor shall any lien continue after such period, except for taxes assessed before the expiration of such three (3) year period, notice of lien with respect to which has been filed prior to the expiration of such period.

   B.   In case of false or fraudulent return with intent to evade taxation, the tax, together with interest and penalties thereon, may be assessed or proceedings for the collection of such taxes may be commenced at any time.

   C.   Before the expiration of such period of limitation, the taxpayer and the town clerk may agree in writing to an extension thereof, and the period so agreed on may be extended by subsequent agreements in writing. (Ord. 391, 9-17-2013)

The Board of Trustees hereby finds, determines, and declares that it has the power to adopt this article pursuant to:

   A.   The Local Government Land Use Control Enabling Act, article 20 of title 40, C.R.S.;

   G.   The authority granted to home rule municipalities by Article XX of the Colorado Constitution;

   H.   Article XVIII Section 16 of the Colorado Constitution; and

   I.   The powers contained in the Home Rule Charter. (Ord. 510, 12-15-2021)

   A.   As used in this article the following words shall have the following meanings, unless the context clearly requires otherwise:

 

 

   B.   In addition to the definitions provided in subsection A. of this section, the other defined terms in Section 16 of Article XVIII of the Colorado Constitution are incorporated into this section by reference. (Ord. 510, 12-15-2021)

   A.   There is hereby established a local licensing authority, which shall have and is vested with the authority to:

      1.   Grant and refuse licenses and approve and deny applications for renewal and transfer of licenses for the sale, cultivation and manufacture of retail marijuana and retail marijuana products;

      3.   Suspend and revoke licenses issued under this article in the matter provided by law; and

      4.   Have all of the powers of the local licensing authority as provided in the Colorado Marijuana Code.

   B.   The Board of Trustees shall serve as the local licensing authority for any administrative purposes described in subsections A.1., A.2. and A.4. of this section. An administrative hearing officer shall serve as the local licensing authority for purposes of hearing any requests for suspension or revocation described in subsection A.3. (Ord. 510, 12-15-2021)

   A.   The local licensing authority may issue only the following type of retail marijuana establishment licenses:

   B.   The single retail marijuana store license permitted by this Chapter may be issued only to a retail marijuana store operator which possesses a lease from the Town of Town-owned property in the MU-CO zone district and which has also entered into a retail sales tax incentive agreement with the Town for sharing of retail sales taxes to be generated from the licensed location, for the purpose of making site improvements to that property in an expedited manner, subject to all of the conditions of such lease and tax sharing agreement. (Ord. 510, 12-15-2021; amd. Ord. 526, 12-20-2022))

   A.   No person shall operate a retail marijuana establishment within the Town without a valid and appropriate retail marijuana establishment license issued in accordance with this article.

   B.   This requirement to obtain the appropriate retail marijuana establishment license is in addition to the requirement to obtain a business license pursuant to article II of this chapter and any other license or permit required by the Town.

   C.   No person shall operate a retail marijuana establishment within the Town without a valid and appropriate license to operate such establishment issued by the state licensing authority in accordance with the provisions of the Colorado Marijuana Code.

   D.   No person may operate a business within the Town concerning the sale, use, consumption, manufacture of marijuana unless specifically authorized pursuant to the provisions of this article.

   E.   No marijuana clubs may operate or obtain a business license to operate within the Town. (Ord. 510, 12-15-2021; amd. Ord. 526, 12-20-2022)

Except as otherwise provided herein, the local licensing authority shall be governed by the Colorado Marijuana Code now in effect or subsequently amended. In the event of a conflict between the provisions in this article and those in the Colorado Marijuana Code, the more stringent provision shall apply. (Ord. 510, 12-15-2021)

   A.   A person seeking to obtain a license pursuant to this article shall file an application with the local licensing authority on a form provided by the state, and shall include all additional information required by the Colorado Marijuana Code.

   B.   The local licensing authority is hereby authorized to request any applicant to provide information that is in addition to the requirements of the Colorado Marijuana Code if it determines that such information is reasonably necessary to complete the investigation and review of the application. (Ord. 510, 12-15-2021)

   A.   An applicant shall pay to the Town a non-refundable operating fee when the application for a license under this article is filed.

   B.   The licensee shall pay the non-refundable operating fee to the Town annually along with any application for renewal of a license.

   C.   The purpose of the operating fee is to cover the costs of inspection, administration and enforcement of retail marijuana establishments. The amount of the operating fee shall be fixed by the Board of Trustees by motion. (Ord. 510, 12-15-2021)

   A.   The local licensing authority is authorized to administratively approve any license under this article so long as the following conditions are met:   

      1.   The application (including any required attachments and submissions) is complete and signed by the applicant;

      2.   The applicant has paid the operating fee and any other fees required by this code;

      3.   The application does not contain a material falsehood or misrepresentation;

      4.    The application complies with all of the requirements of this article and the Colorado Marijuana Code; and

      5.   The licensing authority has received written approval from the local law enforcement authority as to the applicant's criminal background.

      6.   The licensing authority has received written approval from the Planning and Zoning Department that the location and zoning requirements imposed by this article and Section 10-1E2.A.1. of the Code have been met.

   B.   The local licensing authority may, but is not required to hold a hearing as permitted by section 44-10-303(3), C.R.S. prior to granting a retail marijuana establishment license.

   C.   The local licensing authority shall inform the state licensing authority of approval of an application for a license. (Ord. 510, 12-15-2021)

   A.   Any Town department shall have the authority to recommend reasonable terms and conditions on a license as may be necessary to protect the public health, safety, and welfare, and to obtain compliance with the requirements of this article and applicable law.

   B.   The local licensing authority is authorized to approve any license issued under this article subject to such reasonable conditions as required by the Town.

   C.   In the event an application is conditionally approved, the local licensing authority shall clearly set forth in writing the conditions of approval. (Ord. 510, 12-15-2021)

The local licensing authority shall deny an application for a license under this article when the applicant fails to meet all of the standards set forth in section 3-7-9 of this chapter. (Ord. 510, 12-15-2021)

   A.   An applicant has the right to appeal the suspension, revocation, denial or conditional approval of a license under this article.

   B.   The applicant must file a written notice of appeal with the local licensing authority within fifteen (15) business days after the date of mailing of the action being appealed.

   C.   Upon notice from the local licensing authority that the applicant has satisfied the requirement in subsection (b), the Town Manager shall appoint an administrative hearing officer.

   D.   The applicant shall be provided with not less than ten (10) business days prior written notice of the appeal hearing to be held by the administrative hearing officer.

   E.   The burden of proof in an appeal filed under this section shall be on the applicant.

   F.   If the administrative hearing officer finds by a preponderance of the evidence that the decision of the local licensing authority was correct, the administrative hearing officer shall uphold that decision. If the administrative hearing officer finds by a preponderance of the evidence that the decision of the local licensing authority was incorrect, the administrative hearing officer shall reverse or modify the decision and remand the matter back to the local licensing authority for further action consistent with the hearing officer's findings and order. The administrative hearing officer may order the local licensing authority to impose additional conditions on the license issued or require that the conditions of approval be stricken or modified.

   G.   Any decision made by the administrative hearing officer pursuant to this section shall be a final decision and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant's failure to timely appeal the decision is a waiver of the applicant's right to contest the denial or conditional approval of the application. (Ord. 510, 12-15-2021; amd. Ord. 526, 12-20-2022)

   A.   Each license issued pursuant to this article shall expire on the first day of the month one year from the month of issuance, and may be renewed as provided in this section.

   B.   An application for the renewal of an existing license shall be made to the local licensing authority as required by the Colorado Marijuana Code. (Ord. 510, 12-15-2021; amd. Ord. 526, 12-20-2022)

   A.   Post the license issued under this article in a conspicuous location on the licensed premises;

   B.   Comply with all of the terms and conditions of the license;

   C.   Comply with all of the requirements of this article;

   E.   Comply with the Colorado Marijuana Code;

   F.   Comply with all applicable federal laws, rules, or regulations, other than a federal law or regulation concerning the possession, sale or distribution of marijuana that conflicts with Article XVIII Section 16 of the Colorado Constitution;

   G.   Permit inspection of its records and operation by the local licensing authority for the purpose of determining the licensee's compliance with the terms and conditions of the license and the Town's tax laws; and

   H.   Permit inspection of the premises by authorized Town officials during permitted business hours for the purpose of determining compliance with this article. (Ord. 510, 12-15-2021)

Each licensee shall operate its licensed premises in a manner that prevents the escape of odor from marijuana and marijuana products beyond the property line of the licensed premises.

In addition to constituting cause to suspend or revoke a license pursuant to Section 3-7-16 hereof, odor from marijuana and marijuana products emanating from a licensed premises in violation of this Section of such a nature and duration that substantially annoys, injures or endangers the comfort, health, repose or safety of the public constitutes a public nuisance and may be abated by the Town in accordance with Chapter 1 of Title 5 of this Code. (Ord. 510, 12-15-2021)

   A.   A license issued pursuant to this article may be suspended or revoked after a hearing for the following reasons:

      1.   Fraud, misrepresentation, or a false statement of material fact contained in the license application;

      2.   A violation of any Town ordinance, state, or federal law or regulation, other than a federal law or regulation concerning the possession, sale or distribution of marijuana that conflicts with Article XVIII Section 16 of the Colorado Constitution;

      3.   A violation of any of the terms and conditions of the license;

      4.   A violation of any of the provisions of this article; or

      2.   The Town Manager shall appoint an administrative hearing officer to preside over the hearing on the suspension or revocation of a license.

      3.   The administrative hearing officer shall

         b.   Notify the licensee in writing of the date and time of the hearing at least ten (10) business days prior to conducting such hearing. Such notice shall be sent by regular mail postage prepaid. Notice is deemed to have been given upon mailing;

         c.   Conduct a hearing based on the allegations provided in the written request. This shall be an informal hearing where no rules of evidence shall apply. The burden shall be on the Town to prove by a preponderance of the evidence that the licensee has violated the provisions in subsection 11-404 (a); and

         d.   Provide a written decision to the licensee within thirty (30) days after the conclusion of the hearing.

   C.   In deciding whether a license should be suspended or revoked, and in deciding what conditions to impose in the event of a suspension, if any, the administrative hearing officer shall consider:

      1.   The nature and seriousness of the violation;

      2.   Corrective action, if any, taken by the licensee;

      3.   Prior violation(s), if any, by the licensee;

      4.   The likelihood of recurrence;

      5.   All circumstances surrounding the violation;

      6.   Whether the violation was willful;

      7.   The number of previous violations by the licensee; and

      8.   Previous sanctions, if any, imposed against the licensee.

   D.   In connection with the suspension of a license, the administrative hearing officer may impose reasonable conditions thereon.

   E.   Any decision made by the administrative hearing officer pursuant to this section shall be a final decision and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant's failure to timely appeal the decision is a waiver of the applicant's right to contest the decision.

   F.   No fee previously paid by a licensee in connection with the application shall be refunded if such license is suspended or revoked. (Ord. 510, 12-15-2021)

   A.   Except as provided in subsection (b) of this section, no retail marijuana establishment shall be located at a location that does not conform to the requirements of this section.

   B.   No retail marijuana store shall be located within one thousand (1,000) feet of a school, an alcohol or drug treatment facility, or the principal campus of a college, university, or church, or a residential child care facility. This limitation will be computed by direct measurement from the nearest property line of the land used for a school, alcohol or drug treatment facility, or the principal campus of a college, university, or church, or a residential child care facility to the nearest portion of the building in which retail marijuana is to be sold, using a route of direct pedestrian access.

   C.   No retail marijuana store shall be located west of the geologic formation within the Town known as the Dakota Hogback, defined by the sections known as Dinosaur Ridge and Mount Glennon, comprised of the geological units from west to east as the Ralston Creek Formation, Morrison Formation, and Dakota Group.

   D.   No retail marijuana store shall be located within three quarters (¾) of a mile of another retail marijuana store. This limitation will be measured using a straight line from the perimeter of the parcel where a proposed retail marijuana store will be located. This limitation shall apply to retail marijuana stores whether they located within or outside of the Town limits.

   E.   This limitation will be measured using a straight line from the perimeter of the parcel where a proposed retail marijuana store will be located. This limitation shall apply to retail marijuana stores and medical marijuana centers whether they are located within or outside of the Town limits.

   G.   The suitability of a location for a retail marijuana establishment shall be determined at the time of the issuance of the first license for such establishment. The fact that changes in the neighborhood that occur after the issuance of the first license might render the site unsuitable for a retail marijuana establishment under this section shall not be grounds to suspend, revoke or refuse to renew the license for such establishment so long as the license for the establishment remains in effect. (Ord. 510, 12-15-2021)

All signage for a retail marijuana establishment shall comply with the requirements of the Municipal Code and the Colorado Marijuana Code. (Ord. 510, 12-15-2021)

Each licensee shall collect and remit all applicable sales taxes on all retail marijuana, paraphernalia, and other tangible personal property sold by the licensee at the retail marijuana establishment according to the provisions of this code and any regulations issued pursuant thereto. (Ord. 510, 12-15-2021)

   A.   A retail marijuana store may open no earlier than ten o’clock (10:00) a.m. and shall close no later than eight o’clock (8:00) p.m., local time, the same day.

   B.   In addition to all other remedies available to the Town under this Code and by law, the operation of a retail marijuana establishment without a valid license issued pursuant to this article may be enjoined by the Town in an action brought in a court of competent jurisdiction. (Ord. 510, 12-15-2021)

This chapter shall take effect and become enforceable only upon the approval by the registered electors of the Town at the April 5, 2022 regular Town election of a ballot question approving this ordinance as a referred ordinance under section 5.3 of the Home Rule Charter In the event such ballot question is not approved by the registered electors, this article shall not take effect and shall be deemed repealed. (Ord. 510, 12-15-2021)

   ASSAULT: An unlawful attempt, coupled with a present ability, to commit a bodily injury on the person of another.

   B.   Prohibited: It shall be unlawful to assault, beat, strike, wound, imprison or inflict violence on the person of another.

   C.   Penalty: Any person violating any of the provisions of this section shall, upon being found guilty of such violation be subject to penalty as provided in section 1-4-1 of this code. (Ord. 95, 1-7-1990; amd. Ord. 261, 4-16-1996)

Any person who shall cause, engage in, instigate, or encourage any riot, rout, affray, or fight in the town shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 50, 5-8-1957; amd. Ord. 261, 4-16-1996)

   A.   Definitions: The following definitions shall apply to this chapter:

   GRAFFITI:   The defacing of public or private property by any person by means of painting, drawing, writing, etching or carving with paint, spray paint, ink, knife or any similar method without the prior consent of the property owner.

   OWNER AND PROPERTY OWNER:   Any person owning, leasing, occupying or having control or possession of any property in the town.

   B.   Damaging Or Defacing Of Property Unlawful: It is unlawful for any person to knowingly damage, deface or cause, aid in, or permit the defacing of public or private property without the prior consent of the owner by painting, drawing, writing, marking, etching, carving, scratching or any other unauthorized marking by use of paint, spray paint, ink, knife or by any other method of defacement.

   C.   Penalty: Any person convicted of defacing property may be ordered by the court to perform community service which may include personally making repairs to any property damaged or properties similarly damaged with the consent of the property owner. A person who defaces property shall be subject to the maximum penalties established in section 1-4-1 of this code. The minimum penalty shall be as follows:

   D.   Civil Action: Nothing herein shall prevent the property owner or the town from pursuing a civil action for damages against a violator, and if a minor, the parents of a violator.

   A.   Declaration Of Public Nuisance: All property defaced by graffiti which is visible to public view is 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.   Concurrent Remedies: The abatement procedures set forth in this section for defaced property shall not be exclusive and shall not restrict the town from concurrently enforcing other town ordinances, or pursuing any other remedy provided by law. (Ord. 360, 4-7-2009)

   C.   Enforcement: The Town Administrator, or his or her designee, shall be responsible for enforcement of this section. After notice of the violation to the property owner, as set out in subsection D of this section, the Town Administrator is authorized to commence the abatement procedure set out herein and pursue any other remedy provided by law. (Ord. 441, 2-7-2017)

      1.   The owner of any property defaced by graffiti, which is located within this Municipality, shall be given written notice to abate the public nuisance on his property by removal or eradication of the graffiti within fifteen (15) days after service of the notice. Such notice shall be by personal service to the owner, or by posting the notice on the defaced property together with written notice mailed to the owner by first class mail, postage prepaid.

      2.   The notice to the property owner shall direct the owner to remove or eradicate the graffiti from the property within fifteen (15) days after service of the notice. The notice shall contain:

         a.   The location of and a description of the violation;

         b.   A demand that the owner remove or eradicate the graffiti from the property within fifteen (15) days after service of the notice;

         c.   A statement that the owner may voluntarily agree to immediate removal or eradication of the graffiti by the Town with the costs assessed to the property owner;

         d.   A statement that the owner's failure or refusal to remove or eradicate the graffiti may result in abatement by the Town, in addition to any other available remedies and the costs of such abatement, together with an additional administrative fee of at least one hundred dollars ($100.00) for inspection and incidental costs, may be assessed as a lien against the property pursuant to the terms of this section, and collected in the same manner as Real Estate Taxes against the property;

         e.   A statement that if the costs of abatement plus the administrative fee for inspection and incidental costs are not paid to the Town within thirty (30) days after notice to the property owner of costs owed to the Town, the amount owed will be certified to the County Treasurer for collection as an assessment lien; and (Ord. 360, 4-7-2009)

         f.   A statement that the owner may make written demand to the Town Administrator for a hearing before the Town Administrator or his or her designee, provided the written demand is made within ten (10) days after service of the notice, and provided the written demand for a hearing contains the owner's current address and a telephone number where he can be reached between the hours of eight o'clock (8:00) A.M. and five o'clock (5:00) P.M., Monday through Friday. Written demand for a hearing shall be sent to the Town Administrator, Town of Morrison, 321 Highway 8, Morrison, CO 80465.

   E.   Abatement Procedure: If the owner of the property defaced by graffiti fails or refuses to remove or eradicate the graffiti as directed within the time permitted, and has not made written demand for an administrative abatement hearing, the Town Administrator shall then cause the graffiti to be removed or eradicated by Town employees or a private contractor.

      1.   Upon receipt of a written demand by the property owner for an administrative abatement hearing, the Town Administrator shall hold a hearing within seven (7) days after receipt of the demand. Notice of the hearing date and location shall be mailed to the owner at the address listed in the written demand.

      2.   The Town Administrator or his or her designee shall within three (3) days after the hearing issue a written order stating whether a violation exists on the property. If it is found that a violation exists and the graffiti shall be removed, the order shall direct the owner of the property to remove or eradicate the graffiti. The written order shall be mailed to the property owner by first class mail, postage prepaid.

      3.   If an order issued by the Town Administrator or his or her designee directing an owner to remove or eradicate graffiti has not been complied with within fifteen (15) days after its issuance, the Town Administrator or his or her designee may cause the graffiti to be removed or eradicated by Town employees or private contractor and all costs associated with such removal or eradication shall be charged to the owner of the property.

      4.   The order of the Town Administrator or his or her designee shall be subject to review by court action, in accordance with Rule 106 of the Colorado Rules of Civil Procedure. The Town shall be considered to be a party to every proceeding before the Town Administrator or his or her designee.

      5.   A record of hearings shall be kept, whether by electronic transcription, secretarial minutes or otherwise and such records shall be kept in the custody of the Town Clerk for a period of one (1) year. The costs of any transcription shall be paid by the person or entity requesting the transcription. (Ord. 443, 4-4-2017)

      1.   The property owner shall be liable for and pay and bear all costs and expenses of the graffiti removal or eradication, including reasonable attorney fees for costs of collection, which costs and expenses may be collected by the Town in any action at law, referred for collection by the Town Attorney on a contingency basis, in his discretion, collected in connection with an action to abate a nuisance, or assessed against the property as hereinafter provided. (Ord. 360, 4-7-2009)

      2.   If the Town Administrator or his or her designee does not receive payment within thirty (30) days following the mailing of a demand for payment, the Town Administrator or his or her designee may certify to the County Treasurer, pursuant to Colorado Revised Statutes 31-20-105 and 106 the whole cost of such work, including a fee not to exceed two hundred dollars ($200.00) which is the total amount owing for inspection costs, administrative costs and other incidental costs in connection therewith. The County Treasurer shall collect the assessment in the same manner as other taxes are collected. (Ord. 443, 4-4-2017)

   A.   Definitions: The following definitions shall apply to this section:

 

 

   B.   Trespassing Unlawful: It is unlawful for any person to unlawfully enter or to remain in or upon real property, buildings and/or other improvements, stream banks and beds of any non-navigable freshwater stream flowing through, or banks or beds of any lake, pond or other body of water situate upon real property, belonging to a person or entity other than the person so entering or remaining thereupon.

   A.   It is unlawful to commit harassment. A person commits harassment if, with intent to harass, annoy or alarm any other person, the person:

      6.   Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property; or

   B.   As used in this Section, unless the context otherwise requires, obscene means a patently offensive description of sexual acts or solicitation to commit sexual acts, whether or not the sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus or excretory functions.

   C.   Any act prohibited by Paragraph (A)(4) or (A)(S) hereof may be deemed to have occurred or to have been committed at the place at which the telephone call, electronic mail or other electronic or digital communication was either made or received.

      1.   Such property is an area designated by law for the disposal of such material and the person is authorized by proper public authority to so use the property;

      2.   The litter is placed in a receptacle or container installed on such property for that purpose; or

      3.   Such person is the owner or occupant in lawful possession of such property.

   D.   Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle in violation of this section, the operator of said motor vehicle is presumed to have caused or permitted the litter to be so thrown, deposited, dropped or dumped therefrom.

The following definitions shall be used in interpreting this chapter:

   ANIMAL CONTROL OFFICER: Any Jefferson County sheriff's department officers, Jefferson County animal control officer, Morrison police officer, Morrison public works employee and/or anyone so appointed by the board of trustees to enforce this chapter.

   ANIMAL SHELTER: Jefferson County animal shelter or such other facility as may be designated by the board or police chief as the facility for the boarding and disposition of any animal placed in custody for violation of this chapter.

   DOG: Any member of the species Canis familiaris, regardless of sex.

   GUARD DOG: Any dog placed within an enclosure for the protection of persons or property by attacking or threatening to attack any person found within the enclosure patrolled by the dog.

   HARBOR: The act of keeping or caring for an animal or providing premises to which the animal returns for food, shelter or care.

   HUMANE TRAPS: Box type live traps which do not cause bodily harm to the animal intended to be captured or any other animal or person coming in contact with such trap.

   OWNER: Any person over eighteen (18) years of age who has right of property in an animal or who harbors such animal or allows such animal to remain about his premises. The parent, legal guardian or custodian of any child under the age of eighteen (18) years who owns, keeps, harbors or has custody of an animal shall be deemed to be the owner of such animal.

   RUNNING AT LARGE: Off the premises of the owner, the owner's agent, servant or competent member of his family, not restrained by means of a leash, cord or chain, not more than ten feet (10') in length, which is attached to the dog and held by the owner; except, that for the purposes of this definition, the "premises of the owner" shall not include common areas of residential homes, apartment buildings; and any dog not in the effective control of its owner upon the common area of a residential home or apartment building or the grounds thereof, shall be deemed to be running at large.

   VICIOUS ANIMAL: Any animal which, at any place within the town, makes an attack upon a person or other animal or approaches any person in an apparent attitude of attack.

   A.   The animal control officer shall have the duty and power to enforce all sections of this chapter.

   B.   It shall be the duty of the animal control officer to go upon private property to capture any animal to be impounded for violation of this chapter. (Ord. 221, 3-20-1990)

   A.   Vaccination Required: All dogs and cats over the age of four (4) months shall be inoculated by a licensed veterinarian or antirabies clinic against rabies. Such inoculation shall be given at least once each year.

   C.   Confinement Of Animals Which Have Bitten Persons: The owner of any domesticated animal that has bitten any person so as to cause an abrasion of the skin shall immediately advise the animal control officer of the fact.

   D.   Owners Required To Produce Animals Which Have Bitten Persons: The owner of any animal that has been reported as having inflicted a bite on any person shall, on demand of the animal control officer, produce said animal for examination and confinement. (Ord. 221, 3-20-1990)

   A.   Off Owner's Premises: It shall be unlawful for the owner having control of any animal to permit the same to run or go or be at large on any street or public space within the town, or upon the premises of any other person or common areas without permission of such other persons.

   B.   Injured Animal: Animals injured on public property while running at large shall be removed by the animal control officer and given adequate veterinary medical treatment if deemed necessary by the officer, pending notification of the owner. The owner of such animals shall be liable for all veterinary expenses and impoundment fees.

   C.   Death Of Animal: If any animal dies while running at large on public property, the owner shall be liable for disposal fees established by the animal shelter in addition to penalties for violations of this chapter. (Ord. 221, 3-20-1990)

   A.   Notice Given To Owner: The animal shelter or the animal control officer shall make a reasonable effort to ascertain ownership of any impounded animal and shall notify such owner as soon as possible after impoundment.

   B.   Fees For Impoundment: Any animal impounded under the provisions of this chapter shall not be released by the animal shelter until the owner shall have paid all fees and charges related to the impoundment, including impoundment and boarding fees as established from time to time by the animal shelter, any reasonable veterinary fees and any fees incurred by the town in apprehending, detaining or caring for such animal.

      1.   Impounded animals remaining unclaimed after five (5) days may be disposed of at the sole discretion of the animal shelter.

      2.   Failure of the owner of any impounded animal to claim such animal from the animal shelter within five (5) days does not relieve such owner of liability for payment of impoundment, board, veterinary, euthanasia and/or disposal fees as established by the animal shelter. (Ord. 221, 3-20-1990)

Animal control officers are hereby authorized to apprehend any wild animals that may be at large within the Town. Such wild animal may be impounded, released in wild areas outside the Town or destroyed as the animal control officer, in his discretion, shall determine, subject to applicable provisions of the laws of the State. (Ord. 221, 3-20-1990)

   A.   Prohibited Acts: It shall be unlawful for the owner or custodian of any animal or for any person who keeps any animal to permit said animal, with or without the direct knowledge of that owner or person, to destroy, damage or injure any shrubbery, plants, flowers, grass, lawn, fence, fence gates or posts, structure, part of any structure, motor vehicle or anything whatsoever upon any private property owned or occupied by a person other than the owner or the keeper of such animal. Any animal permitted to engage in the activities prohibited by this Section may be impounded as provided in Section 4-2-5 of this Chapter and the owner or keeper of such animal shall be subject to the provisions of subsections 4-2-5B and C of this Chapter.

   B.   Right Of Property Owner: Any animal running at large, found causing damage to property as described in subsection A herein, or found trespassing and creating a nuisance upon such property, may be humanely restrained by the owner or occupant of such property or by such owner's or occupant's agent, for a reasonable time, during which time such owner, occupant or agent shall notify animal control of his possession of the animal and request the impoundment of the animal subject to the provision of subsection 4-2-5A hereof; or notify the owner or keeper of his possession of the animal and release the animal to the owner or keeper; or release the animal. (Ord. 221, 3-20-1990)

Any unspayed female animal in the state of estrus (heat) shall be confined during such period of time in a house, building or secured enclosure, and said area of enclosure shall be so constructed that no other animal or animals may gain access to the confined animal. The animal control officer shall order any unspayed female that is in the state of estrus (heat) and that is not properly confined, or any such animal that is creating a neighborhood nuisance, to be removed to a boarding kennel, to a veterinary hospital or to the animal shelter. All expenses incurred as a result of the confinement shall be paid by the owner. The owner of an animal removed to the animal shelter shall be charged at the rate established from time to time by the animal shelter for routine confinement. Failure to comply with the order of the animal control officer shall be a violation of this Chapter, and the animal will then be impounded as prescribed in this Chapter, subject to fines and charges as directed. (Ord. 221, 3-20-1990)

   B.   Neglect: It shall be unlawful for the owner, possessor or keeper of any animal to deprive such animal of adequate and wholesome food and water, protection from the elements, opportunity for exercise, or adequate veterinary care, or otherwise neglect such animal in such a manner as to endanger its health or cause it to suffer. (Ord. 221, 3-20-1990)

It shall be unlawful for any person intentionally to poison any domesticated animal without legal authority or to distribute or set out poison in any manner whatsoever with the intent of poisoning any domesticated animal. (Ord. 221, 3-20-1990)

Any person who, as the operator of a motor vehicle, strikes any animal shall stop at once and shall immediately report such injury or death to the owner of such animal. In the event the owner cannot be ascertained and located, the operator shall at once report the accident to an animal control officer. (Ord. 221, 3-20-1990)

All animals which die shall be disposed of by the owners or keepers within twenty four (24) hours by burial, incineration in a facility approved by the animal control officer, by rendering, or by other lawful means approved by an animal control officer. (Ord. 221, 3-20-1990)

It shall be unlawful for any owner, possessor or keeper of any dog to permit such dog, by loud and persistent or habitual barking, howling or yelping, to disturb any person or neighborhood, and the same is hereby declared to be a public nuisance. (Ord. 221, 3-20-1990)

No one shall keep, possess or harbor a vicious animal within the town. Impoundment of animals whose owners have been cited for violations of this section shall be at the discretion of the animal control officer. If the animal presents a clear and present danger to the public health or safety, it shall be the duty of the animal control officer or his agent to impound such animal. (Ord. 221, 3-20-1990)

It is unlawful to place or maintain guard dogs in any area for the protection of persons or property unless the following conditions are met:

   A.   Confinement Required: The dogs shall be confined to an enclosed area adequate to ensure that they will not escape; and

   B.   Signs Displayed: Warning signs shall be conspicuously posted indicating the presence of guard dogs and such signs shall plainly show a telephone number where some person responsible for controlling the guard dogs can be reached at all times. (Ord. 221, 3-20-1990)

   A.   Humane Trap Lawful: When deemed necessary by police officers or the animal control officer for the health, safety and welfare of the residents of the town, such officers and/or their agents may place a humane trap on the property of a resident of the town when the resident requests such trap for the purpose of capturing any wild or pet animal creating a nuisance in the town.

   B.   Authority To Subdue/Destroy: Animal control officers are authorized to use any tranquilizer guns, firearms, humane traps or other suitable devices to subdue or destroy any animal that is deemed by the animal control officer, in his discretion, to be a danger to itself or to the public health and safety.

   C.   Unlawful Traps: It shall be unlawful for any person to set or cause to be set within the town any steel jaw leg hold trap, snare or any trap other than a humane trap, as defined, for the purpose of capturing any animal whether wild or domestic. (Ord. 221, 3-20-1990)

   A.   Reimbursement For Impound Expenses: The town shall be reimbursed by the owner for the costs of apprehending, detaining or caring for animals impounded when the owner of such animal can be identified. The owner shall comply with the requirements of subsection 4-2-5C of this chapter.

   B.   Reimbursement For Administrative Costs: Any costs related to the administration and enforcement of this chapter shall be borne by the owner of the animal if the owner is identified. (Ord. 221, 3-20-1990)

The board of trustees is hereby authorized to enter into arrangement with other governmental bodies or persons to facilitate the implementation of this chapter. (Ord. 221, 3-20-1990)

Except in A (agriculture) district where animal husbandry is allowed, the keeping of chicken roosters or more than four (4) chicken hens is prohibited. Up to four (4) chicken hens may be kept per parcel of property in any residential zone district subject to the following requirements:

   A.   The chicken hens must be provided with a covered, predator resistant chicken house that is properly ventilated, designed to be easily accessed, cleaned and maintained, and at least eight (8) square feet per chicken in size but no larger than six feet (6') in height.

   B.   During daylight hours, the chicken hens must have access to the chicken house and also have access to an outdoor enclosure of not less than six (6) square feet per chicken, that is adequately fenced to protect them from predators. No free roaming chickens are permitted.

   C.   The chicken hens must be further protected from predators by being closed in the chicken house from dusk to dawn.

   D.   Neither the chicken house nor the outdoor enclosure may be located less than fifteen feet (15') from any abutting property line. No chickens are allowed in the front yard setback.

   E.   The owner shall regularly and properly dispose of all waste to discourage predators, rodents and insects, and to control odor.

   G.   No visible slaughtering of chickens on the property is permitted. (Ord. 412, 9-2-2014)

   A.   General Penalty: A person or persons violating any of the provisions of this chapter shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 221, 3-20-1990; amd. Ord. 261, 4-16-1996; Ord. 412, 9-2-2014)

   B.   Recovery Of Costs: In addition to any penalties set forth in this chapter, any person violating any provisions of this chapter shall pay all reasonable costs, fees and expenses incurred by the town as a result of such violation.

   C.   Amounts Set: The board of trustees has the authority to establish by resolution a schedule of fines and fees pertaining to this chapter. (Ord. 221, 3-20-1990; amd. Ord. 412, 9-2-2014)

   A.   For the purpose of prosecution for violations of any section of this chapter, it shall not be necessary in order to obtain a conviction to prove notice on the part of the owner of the animal in question that said animal was violating any of the sections of this chapter at the time and place charged, it being the purpose of this section to impose strict liability upon the owner of any animal.

   ABANDONED MOTOR VEHICLE: Any motor vehicle left unattended and without permission on property not belonging to the vehicle's owner including public property for a period of forty-eight (48) hours or longer.

      Inoperable/Unlicensed Motor Vehicle: A motor vehicle which is inoperable, or does not have a current license plate, or which lacks one or more of the following items which is otherwise standard factory equipment on any particular vehicle model:

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

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

   D.   Constitute a failure to maintain detention ponds, drainageways, landscaping, lighting, trash enclosures, signage, retaining walls, irrigation systems, screening, fencing, parking lots, private driveways and streets and other conditions of private property in accordance with the provisions of a rezoning, plat, official development plan, fencing or landscaping plan, site plan, design standards, permit, or any other land development document approved by the town.

In all cases where no provision is made defining nuisances and how the same may be removed, abated or prevented, in addition to what may be declared such herein, those offenses which are known to the common law of the land and statutes of Colorado as nuisances may, in case the same exist within the town, be treated as such and proceeded against as provided in this chapter, or in accordance with any other provision of law.

   PUBLIC VIEW: An observation from any location exterior to the property.

   STORAGE: Maintaining or allowing an item to remain unused or unmoved on the property for ten (10) days. (Ord. 364, 5-5-2009; amd. Ord. 558, 3-17-2026)

It is unlawful for any person having or being entitled to the possession of any real estate or leasehold, residence, apartment building, tenement, store, building or premises, commercial or noncommercial, within the town, or any part thereof, to permit or allow:

   A.   The existence or storage of junk or rubbish or a nuisance upon any such premises, or part thereof, or on the sidewalk or the alleys abutting such premises, except as otherwise provided in this section.

   B.   Notwithstanding anything to the contrary, noxious plants or designated undesirable plants as defined in section 35-5.5-101 et seq., 14 Colorado Revised Statutes (1984) shall be mowed to a height no greater than six inches (6") if located within one hundred feet (100') of a habitable structure or twelve inches (12") if located farther than one hundred feet (100') from a habitable structure. (Ord. 364, 5-5-2009)

   A.   Abandoned Motor Vehicle: An abandoned motor vehicle shall constitute a nuisance and be subject to abatement and removal as provided in this Chapter except that the Town shall post notice of abatement on any abandoned motor vehicle on public property at least twenty-four (24) hours prior to applying to the municipal court for an abatement order.

   B.   Parking Or Storage Of Inoperable Or Unlicensed Motor Vehicles: It shall be unlawful to park or store inoperable or unlicensed motor vehicles anywhere in the town except on premises zoned and licensed to allow the maintenance or storage of inoperable or unlicensed vehicles and in compliance with such zoning or license or are fully enclosed buildings made for the express purpose of covering a motor vehicle. Any storage or parking areas shall be kept free of weeds, rubbish, and other waste items.

   C.   Parking Or Storage Of Inoperable/Unlicensed Trailers: Inoperable/unlicensed trailers shall not be stored or parked on private property except in fully enclosed buildings or unless otherwise allowed by applicable ordinance of the town.

It shall be the responsibility of the owner, agent, or lessee of any real property abutting a public right of way to provide landscape maintenance including, but not limited to, mowing of all right of way area between the property line and the curb line or edge of roadway or right of way and trimming of vegetation in said area so there is no obstruction of view of traffic. (Ord. 364, 5-5-2009)

   A.   Notice To Abate: The town administrator, upon receipt of a verified complaint that a nuisance exists on public or private property in the town, may in the exercise of his/her discretion, notify the owner, lessee, tenant or occupant (hereinafter, "responsible party") in writing, requesting the responsible party to voluntarily remove and abate the described nuisance. In the event the nuisance is not voluntarily abated, service of a notice of violation by the town administrator shall be considered service of a notice to abate and the town may begin the abatement process. For any nuisance which does not threaten imminent danger of damage or injury, and for which a discretionary notice to abate has been issued, 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.

      1.   Personally delivering a copy of the notice to a responsible party described in the notice; or

      2.   Mailing a copy of the notice by first class or certified mail, return receipt requested, to the last known address of a responsible party as reflected in the county real estate records; or

      3.   Posting a copy of the notice in a conspicuous place at the site of the nuisance.

   C.   Abatement Order: Upon the expiration of the period of notice, or at any time thereafter, if the nuisance has not been abated on the property described in such notice, the town administrator may apply to the municipal court for an abatement order, as follows:

      1.   The application shall be accompanied by an affidavit affirming that the town has complied with the notice requirements of subsection B of this section and that the owner has failed to abate the identified nuisance upon the property.

      2.   The town shall give notice to the responsible party of its application for the abatement order in the same manner as provided above for service of the original notice to abate. The town's notice to the last known address of a responsible party as reflected in the records of the Jefferson County clerk and recorder's office shall be considered adequate notwithstanding any error in the county's records. The town administrator may reasonably rely upon current county records to obtain an accurate address for a responsible party.

      3.   The notice of application for an abatement order shall include a copy of the town's application and its affidavit in support thereof, as well as the time, date, and place at which the town will appear before the municipal court to request entry of the abatement order.

      4.   At the stated time, date, and place, the municipal court judge shall review the application for administrative abatement order, the affidavit, any statement of the town in support thereof, as well as any statement and evidence presented by the responsible party, if present.

      5.   Thereafter, the municipal court is authorized to enter an order permitting the town to enter upon such property, abate the same and recover its costs as provided by section 5-1-7 of this chapter.

   D.   Abatement Without Notice Or Court Order On Public Property: Any nuisance located or found in or upon any street, avenue, alley, public sidewalk, highway, public right of way, public grounds, park, recreation facility, or public property in the town may be abated without notice.

   E.   Adequate Notice: At any hearing conducted pursuant to subsection C of this section, the municipal court judge may consider evidence of actual notice received by a responsible party in determining whether adequate notice of a violation or of a citation has been provided. The judge may find that notice is adequate despite a lack of technical compliance with subsection B of this section upon evidence that a responsible party received actual notice of a written notice to abate a reasonable amount of time prior to the expiration of the abatement period. (Ord. 425, 9-15-2015)

If in the judgment of the town administrator a nuisance is a cause of imminent danger to the public health, safety or welfare, any such nuisance may be summarily abated by the town, and costs of abatement shall be charged and recovered as provided by section 5-1-7 of this chapter. In all such cases, the responsible party shall be given notice of a postabatement hearing before the municipal court and an opportunity at that time to contest the validity of the abatement. (Ord. 425, 9-15-2015)

   A.   The actual costs of abatement, plus fifteen percent (15%) of such abatement costs for inspection, a minimum fee assessment of one hundred dollars ($100.00) and other incidental costs of abatement, shall be assessed upon the lot, lots or tracts of land upon which such nuisance is abated.

   B.   Such costs shall be paid to the town within thirty (30) days after the town has mailed notice of the assessment by certified mail to the owner of the property; provided, however, that if the property is occupied by someone other than the owner, the town shall mail such notice of assessment by certified mail, to both the occupant and the owner. Service shall be complete upon depositing the notice within the United States postal service, postage prepaid for certified mail. Every such assessment shall be a lien in the several amounts assessed against such lot, lots or tract of land until paid.

   C.   Failure to pay such assessment within such period of thirty (30) days shall cause such assessment to become a lien against such lot, block or parcel of land and shall have priority over all liens, except general taxes and prior special assessments, and the same may be certified at any time after such failure to so pay the same, by the town pursuant to Colorado Revised Statutes 31-20-105 to the county treasurer to be placed upon the tax list for the current year and to be collected in the same manner as other taxes are collected, with fifteen percent (15%) penalty to defray the cost of collection. (Ord. 425, 9-15-2015)

   A.   Any person violating any provision of this chapter shall be subject to the penalties set forth in section 1-4-1 of this code; provided however that nothing contained in this section or section 1-4-1 of this code shall impair the ability of the town to enforce the other remedial provisions provided in this chapter.

   B.   As a portion of any judgment, fine or assessment levied upon conviction of a violation of this chapter the court may order that the violation be abated within a time established by the court, but in no event to exceed thirty (30) days from the date of conviction. Failure to abate within the time so ordered may constitute contempt of court, and shall be punishable as such. The order shall also provide that, in the event the defendant has not abated the nuisance within thirty (30) days after the court order, the town or its agents are authorized to do so.

   C.   In addition to any fines levied hereunder, the court shall impose, as a portion of the costs assessed against the defendant, any costs incurred by the town in prosecuting, enforcing and abating the nuisance.

   D.   Each day during which any person commits, or allows to remain unabated, any of the actions specified as unlawful in this chapter shall constitute a separate offense. Multiple violations of this chapter may be included on a single notice to abate or a single summons and complaint. (Ord. 425, 9-15-2015)

This chapter shall be known as the MORRISON NOISE CONTROL ORDINANCE. (Ord. 382, 6-21-2011)

It is declared that at certain levels, noise is detrimental to the public health, comfort, convenience, safety and welfare of the citizens of the town. This chapter is enacted to protect, preserve and promote the health, welfare, peace and quiet of the citizens of Morrison through the reduction, prohibition and regulation of noise. It is the intent of this chapter to establish and provide for sound levels that will eliminate unreasonable and excessive noise, and prevent sound levels which are physically harmful and detrimental to the residents, visitors, and businesses of the town. (Ord. 382, 6-21-2011)

The following definitions shall apply in the interpretation and enforcement of this chapter:

A-WEIGHTED SOUND PRESSURE LEVEL: The sound pressure level as measured on an ANSI-SI.4-1971 type 1 or type 2 sound level meter using the A-weighting network. It is the approximate sound level as heard by the human ear, measured in decibels. The standard is dBA.

   AMBIENT SOUND LEVEL: The sound pressure level of all sound associated with a given environment and being a composite of sounds from many sources during the period of observation excluding specific noise sources of interest.

   AUDIBLE OR PLAINLY AUDIBLE: The information content of sound is unambiguously transferred to the auditor, such as, but not limited to, understanding of spoken speech, comprehension of raised or normal voices, or comprehension of musical rhythms.

   BACKGROUND SOUND LEVEL: The sound pressure level of all sound associated with a given environment including specific noise sources of interest, exceeded ninety percent (90%) of the time (L90).

C-WEIGHTED SOUND PRESSURE LEVEL: The sound pressure as measured on an ANSI-SI.4-1971 type 1 or type 2 sound level meter using the C-weighted network. This measurement includes most of the low frequency information omitted in A-weighting.

   COMMERCIAL DISTRICT: A. An area where offices, clinics and the facilities needed to serve them are located;

   E.   Other commercial enterprises and activities which do not involve the manufacturing, processing or fabrication of any commodity.

"Commercial district" includes, but is not limited to, any parcel of land zoned as a convenience commercial district, a neighborhood commercial district, a community commercial district, a commercial district, a large lot commercial district or an office district, under the zoning ordinance of the town.

   COMMERCIAL PURPOSE: Means and includes the use, operation or maintenance of any sound or amplifying equipment, for the purpose of advertising any business, any goods or any services, or for the purpose of attracting the attention of the public to or advertising for or soliciting the patronage of customers to or for any performance, show, entertainment, exhibition or event, or for the purpose of demonstrating any such sound equipment.

   CONSTRUCTION ACTIVITIES: Any and all activity incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, structures, roads or appurtenances thereto, including land clearing, grading, excavating and filling.

   DECIBEL: A logarithmic unit of measure often used in measuring magnitudes of sound. The symbol is dB.

   DYNAMIC BRAKING DEVICE: A device used primarily on trucks for the conversion of the motor from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes.

   INDUSTRIAL DISTRICT: An area in which enterprises and activities which involve the manufacturing, processing or fabrication of any commodity are located. "Industrial district" includes, but is not limited to, any parcel of land zoned as an industrial district or a planned development district with uses permitted in an industrial district under the zoning ordinance of the town.

   MUFFLER: Any apparatus consisting of a series of chambers or baffle plates designed for the purpose of transmitting gases while reducing sound emanating from such apparatus.

   NONCOMMERCIAL PURPOSE: The use, operation or maintenance of any sound amplifying equipment for other than a commercial purpose. "Noncommercial purpose" means and includes, but is not limited to, philanthropic, political, patriotic and charitable purposes.

   PREMISES: Every parcel of land in the city or portion thereof, including all buildings, structures, land utilities (and all appurtenances thereto), yards, lots, courts, and inner yards.

   PROPERTY LINE: That real or imaginary line and its vertical extension that separates real property owned or controlled by any person from contiguous real property owned or controlled by another person. The vertical and horizontal boundaries of a dwelling unit in a multi-dwelling unit building, condominium, or townhouse complex shall not be considered property lines separating one premises from another.

   RECEPTOR PREMISES: The premises (residential, commercial, or public) as listed in subsection 5-2-7B of this chapter receiving noise emitted from the source premises after crossing one or more property lines.

   RESIDENTIAL DISTRICT: An area of single- or multiple-family dwellings and includes areas where multiple-unit dwellings, high rise apartments and high density residential districts are located. "Residential district" also includes, but is not limited to, hospitals, nursing homes, homes for the aged, schools, courts and similar institutional facilities. "Residential district" includes, but is not limited to, land zoned as a large lot residential district, a small lot residential district, a duplex residential district, a high density residential district, a medium density residential district, or a mobile home residential district under the zoning ordinance of the town.

   RESIDENTIAL PREMISES: All premises containing dwelling unit(s), primary schools, churches, nursing homes, and similar institutional facilities and includes any commercial premises where the use of more than fifty percent (50%) of the gross floor area meets this definition of residential premises.

   SOUND AMPLIFYING EQUIPMENT: Any machine or device for the amplification of a human voice, music or any other sound, or by which the human voice, music or any other sound is amplified.

   SOUND LEVEL METER: An apparatus or instrument that includes a microphone, amplifier, attenuator, output meter, and frequency weighting networks for the measurement of sound levels. The sound level meter must be of a design and have the characteristics of a type 2 or better instrument as established by the American National Standards Institute, publication S1.4-1971, R 1976, entitled "Specification For Sound Level Meters".

   SOUND PRESSURE LEVEL: Twenty (20) times the logarithm to the base-10 of the ratio of the pressure of a sound to the reference pressure of twenty (20) micronewtons per square meter (20 x 106 newtons/meter2), and is expressed in decibels (dB).

   SOURCE PREMISES: The premises (residential, commercial, or public) as listed in the table in section 5-2-7 of this chapter that is emitting noise that is crossing one or more property lines and impacting the receptor premises.

   UNREASONABLE NOISE: Any excessive or unusually loud sound, or any sound which disturbs the peace and quiet of any neighborhood or causes damage to any property or business. (Ord. 382, 6-21-2011; amd. Ord. 422, 6-16-2015)

   A.   Unlawful To Make Unreasonable Noise: No person shall knowingly make or continue, or cause to be made or continued, any unreasonable noise within the town.

   B.   Unlawful Noises Generally: The following acts, enumerated in subsections B1 through B7 of this section, are declared to cause unreasonable noise in violation of this chapter; provided, however, that the following enumeration is not in limitation of subsection A of this section, and is not exclusive.

      1.   Bells And Chimes: No person shall use, operate, cause or permit to be sounded any bell or chime, or any device for the production or reproduction of the sounds of bells or chimes, audible at the property line of any church, clock or school, between the hours of eleven o'clock (11:00) P.M. of one day and six o'clock (6:00) A.M. of the following day.

      2.   Radios, Television Sets, Phonographs And Similar Devices; Use Restricted: It is unlawful for any person to use, operate or permit to be played any radio receiving set, musical instrument, television, phonograph, CD player, drum, personal listening device, or other machine or device for the production or reproduction of sound, in such a manner as to cause any unreasonable noise.

      3.   Exhausts; Mufflers: No person shall discharge into the open air the exhaust of any steam engine, stationary internal combustion engine, air compressor equipment, motorboat, motor vehicle or other power device, which is not equipped with an adequate muffler in constant operation and properly maintained to prevent any unreasonable noise, and no such muffler or exhaust system shall be modified or used with a cutoff, bypass or similar device.

      5.   Quiet Zone: The creation of any unreasonable noise is prohibited within the vicinity of any school, institution of learning, church or court while the same is in use or session, which unreasonably interferes with the workings of such institution, or within the vicinity of any hospital, or nursing home, or which disturbs or unduly annoys patients in the hospital or residents in the nursing home, provided conspicuous signs are displayed in adjacent, surrounding or contiguous streets indicating that the same is a school, hospital, or nursing home, church or court.

      7.   Truck Loading: No person shall load any garbage, trash or compactor truck, or any other truck, whereby the loading, unloading or handling of boxes, crates, equipment or other objects is conducted within a residential district or within three hundred feet (300') of any hotel, motel, or residential district between the hours of ten o'clock (10:00) P.M. of one day and seven o'clock (7:00) A.M. of the following day. (Ord. 382, 6-21-2011)

   A.   Construction Activities: Except as otherwise provided in this chapter, no person shall engage in, cause or permit any person to be engaged in construction activities in any residential or commercial district between the hours of nine o'clock (9:00) P.M. of one day and six o'clock (6:00) A.M. of the following day. Construction activities directly connected with the abatement of an emergency are excluded from the provisions of this section.

   B.   Power Equipment: No person shall operate or permit to be operated on any private property, or on the public way within any residential or commercial district(s), any power equipment used for home or building repair or grounds maintenance, or any construction equipment used for construction activities, between the hours of ten o'clock (10:00) P.M. of one day and seven o'clock (7:00) A.M. of the next day. Such power equipment shall include, but not be limited to, lawn mowers, garden tools, snow removal equipment, electric or chain saws, pavement breakers, log chippers, riding tractors, or powered hand tools.

      1.   Applications for a temporary exemption from the provisions of subsections A and B of this section shall be made to the town clerk or her designee.

      3.   Any temporary exemption approved hereunder may provide for, without limitation, a public information program prior to construction, restrictions on effective dates, hours of operation, type of noise, location, loudness, and equipment type relating to that particular activity giving rise to the relief requested.

      4.   The town clerk shall promptly notify the board of trustees of each temporary exemption approved. (Ord. 382, 6-21-2011)

   D.   Speed Or Endurance Events: The use of property for purposes of conducting speed or endurance events involving motor or other vehicles shall be exempt from the provisions of this chapter, but such exemption is effective only during a specific period of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use. (Ord. 422, 6-16-2015)

      1.   No person shall use or operate any loudspeaker, public address system, or other sound amplifying equipment in a motor vehicle in such a manner as to be plainly audible at twenty five feet (25') from the motor vehicle, unless a permit has been issued by the town clerk pursuant to subsection C of this section which allows such amplification. If such a permit has been issued, the intensity and loudness of any amplified sound, which is transmitted between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. of one day, shall not be unreasonable.

      2.   The provisions of this section shall not apply to any bell or chime or any device for the production or reproduction of the sound of bells or chimes from any church, clock or school. (Ord. 382, 6-21-2011; amd. Ord. 422, 6-16-2015)

      3.   The provisions of this section shall not apply to sound made on property owned by, controlled by, or leased to the town, and when such sound is made by an activity sponsored by the town or by others pursuant to the terms of a contract, lease, or permit granted by the town. (Ord. 422, 6-16-2015)

   B.   Application For Permit To Use Sound Amplifying Equipment In A Motor Vehicle: Any person, partnership, association, or corporation desiring to use or operate any loudspeaker, public address system, or other sound amplifying equipment in or from a motor vehicle for either commercial or noncommercial purposes must first obtain a permit from the town clerk. The permit may authorize the use or operation of such sound amplifying equipment between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. of one day. The application for the permit shall be filed with the town clerk and shall provide the following information:

      1.   The name, address and telephone number of both the owner and the user of the sound amplifying equipment;

      2.   The license number of the motor vehicle which is to be used;

      3.   The general description of the sound amplifying equipment which is to be used;

      4.   Whether the sound amplifying equipment will be used for commercial or noncommercial purposes; and

      5.   The dates upon which and the streets over which the equipment is proposed to be operated.

   C.   Permit Issuance: Required permits may be issued by the town clerk if the town clerk finds that the conditions of motor vehicle movement or pedestrian movement are such that the use of the equipment will not constitute an unreasonable interference with traffic safety, that the applicant will not violate the hour restrictions of the permit, and that the use of the sound amplifying equipment will not disturb the peace and quiet of any neighborhood. An applicant may appeal the denial of a permit by the town clerk to the board of trustees if such appeal is filed in writing with the town clerk within seven (7) days of the denial of said permit by the town clerk. The board of trustees or its designee shall conduct any hearing and/or review of the denial of the permit request, and a decision shall be final. The board of trustees may promulgate rules and regulations or procedures to govern any such hearing and/or review. (Ord. 382, 6-21-2011)

   A.   General Jurisdiction: It shall be unlawful for any person to emit or cause to be emitted any noise which leaves the premises upon which it originates, crosses the property line, and enters onto any other premises (the "receptor premises") in excess of the sound pressure levels permitted during the time periods specified in subsection B of this section. It is further unlawful for any person to emit or cause to be emitted any noise within public premises in excess of the limits established in subsection B of this section. The noise source shall be measured at any point along the property line of the receptor premises or within the property line of the receptor premises to determine compliance with this section. The location of origin of the noise, whether within or outside the Town limits, shall not affect the enforcement of this section if the noise is present on a receptor premises within the Town, and in excess of the sound pressure levels in subsection B of this section.

   C.   Low Frequency: Low frequency sound that is determined to be plainly audible inside a residential premises shall constitute prima facie evidence of a noise violation. Such determination shall be made by the noise ordinance enforcement official, and inside the residential premises with all windows and doors closed.

   D.   Ambient Sound Level: When it is determined that the ambient sound pressure level at the receptor premises equals or exceeds the maximum allowable sound pressure level specified in subsection B of this section, then the ambient sound level is the standard that cannot be exceeded.

      1.   dBA will be used as the primary measure for evaluating a complaint. dBC may be used as a secondary measure, especially when the complaint is about low frequencies or in a residence.

Any sound pressure level that is measured must be taken with a sound level meter and at the appropriate weighted network. If the noise from the source premises interferes with the measurement of the background sound level at the receptor premises, then measurements to determine the background sound level may be taken at another location in the vicinity or at another time or both; provided that the conditions at the alternative location or the alternative time or both are similar to the conditions at the receptor premises at the time of the noise measurement.

   F.   Exemptions: This section shall not apply to sound sources which are within the scope of sections 5-2-4 and 5-2-5 of this chapter. (Ord. 422, 6-16-2015)

   G.   Application For Permit For Amplified Sound At A Stationary Source: Any person, partnership, association, or corporation desiring to use or operate any loudspeaker, public address system, or other sound amplifying equipment at a stationary source for either commercial or noncommercial purposes must first obtain a permit from the Town Clerk. The permit may authorize the use or operation of such sound amplifying equipment between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. of one day. The application for the permit shall be filed with the Town Clerk and shall provide the following information:

      1.   The name, address and telephone number of both the owner and the user of the sound amplifying equipment;

      2.   The physical address at which the sound amplifying equipment will be operated;

      3.   The general description of the sound amplifying equipment which is to be used;

      4.   Whether the sound amplifying equipment will be used for commercial or noncommercial purposes; and

      5.   The dates and times upon which the equipment is proposed to be operated.

   H.   Permit Issuance: Required permits may be issued by the Town Clerk if the Town Clerk finds that the conditions of the proposed use and its location are such that the applicant will not violate the hour restrictions of the permit, that the use of the sound amplifying equipment will not unreasonably disturb the peace and quiet of any neighborhood. In granting a permit, the Town Clerk may impose any conditions necessary to ensure that exercise of the permit will be consistent with the purpose and intent of this chapter. An applicant may appeal the denial of a permit or issuance of a permit with conditions by the Town Clerk to the Board of Trustees if such appeal is filed in writing with the Town Clerk within seven (7) days of the denial of said permit by the Town Clerk. The Board of Trustees or its designee shall conduct any hearing and/or review of the denial of the permit request, and a decision shall be final. The Board of Trustees may promulgate rules and regulations or procedures to govern any such hearing and/or review. (Ord. 466, 10-2-2018)

   A.   It is unlawful for any person to violate any of the provisions of this chapter.

   ASHES: The solid waste products of combustion of any material.

   BUILDING RUBBISH: Includes waste material from construction, remodeling and repair operations on houses, buildings and other structures. Building rubbish comprises a great variety of matter, such as excavated earth, stones, bricks, plaster, wallpaper, lumber, shingles, laths, concrete, discarded plumbing and electrical apparatus, roofing, scraps of metal, etc. Neither the term household rubbish nor the term yard rubbish includes building rubbish.

   CENTRAL BUSINESS DISTRICT: That area of the town located within the commercial transitional zone district and lying between the intersection of Mount Vernon Avenue and Colorado Highway 8 on the east, the intersection of Colorado Highways 8 and 74 on the west, Bear Creek on the south and the town limits on the north, excepting so much of the district west of Beckett Lane as cannot be maintained due to steepness of slopes and rock formations.

   GARBAGE: Includes waste from the preparation, cooking and consumption of food, market refuse and waste from the handling, storage, preparation and sale of produce. Garbage originates primarily in kitchens, stores, markets, restaurants, hotels and other places where food is stored, cooked or consumed.

   RUBBISH: The waste, rejected, valueless or worthless matter, materials, trash and debris, including useless, unused, unwanted or discarded articles, appliances, furniture, furnishings, from the ordinary household or business; the term does not include ashes, sod, dirt, garbage, yard rubbish or building rubbish.

   A.   It shall be the duty of the owner, agent or lessee of any real property located within the central business district to provide for regular weeding, pruning and other maintenance of all plantings located on his private property adjacent to any public right of way. Plant materials which exhibit evidence of insects, pests, disease or damage shall be appropriately treated, and dead plant materials shall be removed or replaced.

   B.   It shall be the duty of the owner, agent or lessee of any real property within the central business district abutting a constructed public right of way to provide for landscaping and maintenance of any right of way area between his property line and the curb line or designated roadway. The area shall be maintained in accordance with rules and regulations adopted by the public works director.

   C.   All lots and lands within the central business district shall be kept clear of unattended vegetation. It shall be the duty of the owner, occupant, lessee, or holder of legal or equitable interest of or in the property, or any agent of the above, to cut unattended vegetation on the property in accordance with this section. It shall also be the duty of such person or entity to cut such vegetation on alleys abutting the property to the middle of the alleys, and on the sidewalk areas, including any right of way area between the property line and the curb line or designated roadway. Vegetation cuttings shall be removed immediately after cutting. It shall be unlawful to fail to keep lots and lands within the town clear of unattended vegetation in accordance with this section.

   D.   If unattended vegetation is not kept cleared in accordance with this section, the public works director or his designated representative(s) may cause a written notice to be issued to the owner, occupant, lessee, or holder of legal or equitable interest of or in the property, or to their agents, stating the existence of unattended vegetation and directing that the unattended vegetation be cleared. Such notice shall provide that compliance must be made within ten (10) days of such notice. Such notice shall also indicate that failure to comply with the notice will result in criminal prosecution, and that the unattended vegetation may be cleared by the town at the expense of the party to whom the notice was issued, unless written appeal be made to the board of trustees within ten (10) days of service of the notice.

   E.   Failure to comply with a notice issued pursuant to subsection D of this section within the specified time shall constitute a violation of this section and is therefore unlawful, and each day thereafter that the property continues to fail to comply shall constitute a separate violation.

   F.   If the person or entity to whom the notice is directed fails to comply within the specified time or fails to appeal the notice in writing to the board of trustees within ten (10) days of its service, the public works director or his designated representative may, in his discretion, order the clearing of the unattended vegetation by or on behalf of the town, and the procedures outlined in subsections G and H of this section for collection of the costs and expenses thereof shall apply in addition to the penalties provided by this code.

   G.   When clearing has been ordered pursuant to subsection F of this section, the public works director or his designated representative shall bill any or all owners, occupants, lessees or holders of legal or equitable interest of or in the property known to the public works director or his designated representative for the costs and expenses as determined by the public works director or his designated representative.

   H.   If the owner, occupant, lessee or holder of legal or equitable interest of or in the property shall fail within thirty (30) days after billing to pay the costs and expenses of clearing by the town, a lien may be assessed against the property. The public works director, to initiate such lien, shall certify a statement thereof to the Jefferson County treasurer, who shall assess and charge the same against the property involved and collect the same, together with interest at the rate of interest established by law for delinquent real property taxes.

   I.   The liens created hereby shall be superior and prior to other liens, regardless of date, except liens for general or special taxes.

   J.   Service of the notice provided for in subsection D of this section shall be made either by serving such notice in person on the person or entity named in the notice, or by sending such notice by first class mail to the residence or place of business of the person or entity named in the notice (service shall be deemed complete upon mailing), or by posting such notice on a conspicuous place on the property on which the violation is occurring (service deemed complete as of the moment of posting).

   K.   The public works director or his designated representative(s) shall cause to be posted twice a year, on or about March 1 and July 1, at a place for posting public notices in the town, a notice which informs the public of the provisions of this chapter relating to unattended vegetation. Such posted notice is to be given for the purpose of information and compliance, and is not to be substituted for any notice required by subsection D of this section. Such notices may also be mailed to owners of property within the central business district with water and sewer bills, on or about the above dates. (Ord. 276, 9-2-1997)

      1.   To the extent not included within the mandatory program for use of the town's exclusive refuse and recycling contractor set forth in section 5-3-4 of this chapter, it shall be the duty of every owner and occupant of a property or premises where garbage, trash or refuse is generated to provide, and at all times maintain in good order and repair, container(s) for such garbage, trash or refuse. Said owner or occupant shall provide containers of such size and number as defined herein so that all garbage, trash or refuse generated from the property or premises can be accommodated in such containers without overflowing. (Ord. 362, 4-7-2009; amd. Ord. 439, 12-6-2016)

      2.   Garbage, trash or refuse containers shall be either a commercial type dumpster with a lid or a residential type garbage container with the following design:

         d.   Suitable handle or handles on the outside;

      3.   Plastic trash bags may be used in lieu of a container provided they have a closing mechanism to prevent the emission of odors and are of sufficient thickness and strength to contain the refuse, trash or garbage without tearing and ripping under normal handling.

      4.   If plastic trash bags at any location are repeatedly subject to tearing or ripping by animals or other causes, then after notice by the town to the owner or tenant, the use of plastic trash bags shall be prohibited at that location and garbage, trash or refuse containers meeting the requirements of subsection A2 of this section shall be used.

      5.   Anything to the contrary notwithstanding, the owner of any multi-family residence consisting of three (3) or more units per lot, or any entity which owns common areas that serve three (3) or more units per lot, or the owner of any commercial or industrial zoned property, shall provide a commercial type dumpster for the occupants of the unit after notification from the public works director to provide such dumpster. The director will notify the owner or entity only after the director has reasonable cause to order such action. Reasonable cause shall include, but not be limited to, the following:

         b.   The existence of a filled container or bag that weighs more than fifty (50) pounds;

         e.   Reasonable cause exists to believe that the occupants of the property are dumping their garbage, trash or refuse in the dumpster or garbage containers of adjacent property owners.

      1.   Garbage, trash and refuse containers and plastic trash bags must be stored within ten feet (10') of the building or within a concealed area not closer than twenty five feet (25') from the street.

      3.   When placed for collection, garbage, trash and refuse containers, plastic trash bags and recyclable materials shall not be placed on the sidewalk or in the street, in such a manner as to impair or obstruct pedestrian, bicycle or vehicular traffic.

      4.   Except when placed curbside for trash pick up, all garbage, trash and refuse containers, including commercial type dumpsters and residential type containers, shall be placed on private property and shall not extend onto the public right of way unless a revocable license agreement has been approved by the town and a written revocable license agreement has been executed by the applicant and the town. All commercial type dumpsters shall be placed on an improved all weather surface and shall not interfere with vehicle or pedestrian travel and shall not obstruct the sight triangle.

      1.   Upon the direction of the public works director pursuant to subsection A5 of this section, the property owner or occupant shall provide an enclosure for the commercial dumpster that shall meet specifications as adopted by the public works director and shall be erected at a location approved by the public works director. (Ord. 362, 4-7-2009)

   A.   Designated Contractor: On and after February 1, 2017, residential refuse and recyclable collection service shall be provided by the town's designated contractor: Allied Waste Transportation Inc., DBA Republic Services Of Denver or its authorized successor in interest (the "contractor"). Such refuse and recyclable collection services shall be provided to and used by residents of the town pursuant to that certain agreement for residential refuse and recycling collection services entered into between the town and the contractor, as it may be amended from time to time.

   B.   Prohibition On Commercial Collection; Exceptions: Except as provided by subsection C of this section, on and after February 1, 2017, no residential refuse or recyclables may be collected by any private contractor for hire other than the town's designated contractor. Provided, however, any residential customer may choose, at their own personal expense, to personally remove their refuse and recyclables from the town, but may not employ any commercial trash or refuse removal contractor for that purpose, it being the intention of the board of trustees to fully exercise its authority granted by Colorado Revised Statutes section 30-15-401 to restrict residential refuse and recyclable collection within the town to a single company chosen by the town.

   C.   Applicability; Exceptions: This section applies to and governs only the removal of residential refuse and recyclables within the town. For purposes of this section, "residential refuse and recyclables" shall mean such items generated by single-family residences and multi-family buildings containing seven (7) or fewer dwelling units. All commercial establishments, as well as multiple-family dwellings of eight (8) dwelling units or more, are not required to use the residential refuse and recycling removal services provided by the town through the town's designated contractor. Owners of such commercial establishments or multi-family buildings of eight (8) dwelling units or more may contract with a refuse and recyclable removal company of their choice or may separately contract with the town's designated contractor under such terms as the parties may agree.

   D.   Enforcement: Any person violating the prohibition on contracting with a refuse collection company not approved by the town as described above, shall be subject to citation to the municipal court for violation of this section, provided, however, notwithstanding section 5-3-5 of this chapter, no incarceration may be sought or imposed for such violation.

   E.   Fee For Services: The town may charge a fee for the residential refuse and recyclables collection service provided by the town's designated contractor. The fee for the period February 1, 2017 to January 31, 2018, is hereby waived. On and after February 1, 2018, the fee shall be established by the board of trustees acting by resolution. The fee shall be included on bills for town water service under section 8-1-8 of this code and may be enforced and collected in the same manner as fees, rates, and charges for water service. (Ord. 439, 12-6-2016)

   B.   The penalties provided in this section shall not be affected by the penalties provided in any other section of this chapter but shall be construed to be in addition to any other penalties. (Ord. 276, 9-2-1997; amd. Ord. 439, 12-6-2016)

   OPEN FIRE AND OPEN BURNING: Any outdoor fire not contained within a portable outdoor fireplace. This includes, but is not limited to, campfires, bonfires, warming fires, the lighting of any fused explosives, permissible fireworks, the use of model rockets and sky lanterns.

   PORTABLE OUTDOOR FIREPLACE: A commercially purchased portable, outdoor, solid fuel burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material. A portable outdoor fireplace may be open in design or may be equipped with a small hearth opening and a short chimney at the top. These devices must be operated according to the manufacturers' instructions with all covers, screens, spark arrestors and grates in place. Portable outdoor fireplaces may not be operated within thirty feet (30') of a structure or combustible material.

   RECREATIONAL FIRE: Any outdoor fire where the fire is not contained in a portable outdoor fireplace or barbecue grill. This includes fires in drums and barrels, fixed outdoor fireplaces and firepits.

   A.   All open fires, recreational fires and open burning, as defined herein, are prohibited at all times within the limits of the town during which the Jefferson County sheriff's office or the Morrison police chief has declared a stage 1 or higher fire restriction. Notice of such restriction shall be posted at the town hall and other locations to fully advise the public.

   B.   This chapter shall not apply to use of the following devices:

Any person convicted of violating this chapter shall be subject to prosecution in the municipal court and upon conviction subject to the penalties provided in title 1, chapter 4 of this code. (Ord. 436, 8-16-2016)

   A.   Adoption: Pursuant to parts 1 and 2 of article 16 of title 31 of Colorado Revised Statutes, there is hereby adopted by reference the 2020 edition of the "Model Traffic Code" promulgated and published by the Colorado Department of Transportation, Traffic Safety and Engineering Services, W Howard Place, Denver, CO 80204. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the town. The purpose of this chapter and the code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and the nation. Three (3) copies of the model traffic code adopted herein are now filed in the office of the administrator/town clerk of the town of Morrison, Colorado, and may be inspected during regular business hours.

   C.   Additions Or Modifications: The adopted code is subject to the following additions or modifications:

      1.   Section 110, "Provisions Uniform Throughout Jurisdiction," subsection (4) is amended to read: "The Morrison municipal court shall have jurisdiction over violations of traffic regulations enacted or adopted by the board of trustees."

      2.   Section 221, "Bicycle And Personal Mobility Device Equipment," is amended so that the title reads, "Bicycle Equipment" and each reference to "EPAMD" in the body of the section is deleted.

      4.   Section 225, "Mufflers - Prevention Of Noise," in subsection (1.5), the reference to "section 235(1)(a)" is modified to read "section 42-4-235(1)(a), C.R.S."

      5.   Section 228, "Restrictions On Tire Equipment," in subsection (5)(c)(III), the reference to "section 235(1)(a)" is modified to read "section 42-4-235(1)(a), C.R.S."

   A.   All motor vehicles in operation in the Town shall comply with State Law requirements regarding the proper display of valid vehicle registration license plates as stated in C.R.S. § 42-3-101 et seq.

   B.   All operators of a motor vehicle in the Town shall comply with State Law requirements regarding licensure as stated in C.R.S. § 42-2-101 et seq.

This chapter shall be so interpreted and construed as to effectuate its general purpose to conform with the State's uniform system for the regulation of vehicles and traffic. Article and section headings of the chapter and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. (Ord. 132, 9-6-1978)

   A.   Right To Trial By Jury: Any person charged with a violation of any offense specified in subsection 6-1-6D of this chapter conviction of which carries the possibility of imprisonment, shall be entitled to trial by jury upon such charge in accordance with applicable statutes and the Colorado Municipal Court Rules of Procedure.

   B.   No Trial By Jury: Trial by jury shall not be available for any other violation of this chapter or of the Model Traffic Code for Colorado municipalities as adopted by this chapter. (Ord. 208, 7-7-1988)

   A.   It shall be unlawful to violate any provision of this chapter or any provision of the model traffic code for Colorado municipalities, as adopted or amended by this chapter. Such violations are traffic infractions and are hereby deemed civil matters, except those violations stated in subsection D of this section.

   B.   Traffic infractions as provided in this code shall be subject to the following penalties:

      Court costs as authorized by state law shall be added to the fine.

   C.   The municipal court may, by order, establish a schedule of fines for violations and provide for payment through the clerk of the court or violations bureau, or by mail. The presiding municipal judge shall at least annually review the schedule of designated civil penalties of this traffic code and adopt on or before January 15 of each year a schedule of designated civil penalties for the municipal court, provided that failure to so annually adopt such a schedule of designated civil penalties shall not invalidate any such schedule previously adopted.

   D.   A violation of any of the following provisions of the model traffic code for Colorado municipalities, as adopted and amended by the town, shall be a criminal traffic offense punishable by a fine or by imprisonment or by both as specified in section 1-4-1 of this code.

      1.   Section 1101, speed limits, but only when the speed alleged is greater than twenty five (25) miles per hour over the posted speed;

   E.   In the event that a defendant is charged with more than one traffic offense arising out of the same incident and at least one of the charged offenses is listed in subsection D of this section, the defendant shall have the right to demand a trial by jury as to all such offenses, which shall be consolidated for purposes of trial. (Ord. 409, 3-18-2014; amd. Ord. 531, 5-2-2023)

If a person receives a summons and complaint or penalty assessment notice for a violation of the Model Traffic Code, or any Town ordinance, and such person fails to pay the fine and surcharge for the violation on or before the date specified on the summons or notice and subsequently fails to appear in person or by counsel before the Municipal Court for the return date thereon, the Municipal Court may:

   A.   Enter a default judgment against a defendant charged with a traffic infraction, except those listed at subsection 6-1-6D of this chapter, and assess the fine, court costs and any surcharge, if applicable. The amount of the judgment shall be the appropriate penalty which would be assessed after a finding of guilt or liability, plus costs and other court fees regularly imposed for Municipal violations after a finding of guilt; and

   B.   Direct the Clerk of the Court to provide the defendant with written notice the judgment was entered and the amount thereof, together with a notice that if a defendant does not appear within fifteen (15) days from the date set forth on the notice, the court shall submit a transcript of record containing the conviction and assessment of points to the Motor Vehicle Division of the State Department of Revenue pursuant to rule 255(b) of the Colorado Rules of Municipal Court Procedure.

Notwithstanding any provision contained in this chapter, all violations of any provision of the ordinances of the Town, including codes adopted by reference, for which a fine only is established as a penalty for the violation thereof, shall constitute a civil matter and not a criminal violation. Civil infractions shall be tried only to the Municipal Judge. In such cases, defendants shall have no right to a jury trial. (Ord. 331, 12-27-2005)

The Municipal Court is empowered to assess the following costs against any defendant who is found guilty of violating any provision of the Town's ordinances, or who pleads guilty or no contest to any such violation, or against any defendant against whom judgment is entered pursuant to section 6-1-8 of this chapter, or who is granted a deferred prosecution or deferred judgment. The Municipal Court may in its discretion increase, decrease, or waive any of the following fees and costs in any individual case when deemed reasonable and just:

   A.   Court Costs: Court costs of thirty dollars ($30.00) shall be assessed against every defendant who enters a plea of guilty, admission of liability, or no contest to any ordinance violation before the court, or who fails to appear for a scheduled trial; court costs of fifty dollars ($50.00) shall be assessed against every defendant who is found guilty after a trial in the Municipal Court for any ordinance violation;

   B.   Witness Fees: A witness fee of five dollars ($5.00) per witness per day or part of a day in which the witness is actually in court, up to a maximum of fifty dollars ($50.00) plus mileage to reflect the current Federal mileage allowance for each mile actually and necessarily traveled from the witness's residence to the court shall be assessed, but no Town officer or employee may receive such witness fee. A witness fee of five dollars ($5.00) per appearing witness shall be assessed against any defendant who fails to appear for a scheduled trial;

   C.   Late Fee Or Time Payment Fee: A twenty five dollar ($25.00) late fee shall be added for any payment which is not made within the time allowed by the court;

   E.   Other Costs: Restitution or other costs may be assessed as deemed appropriate by the court; and

   F.   Collection Of Fines: The Municipal Court Judge, Town Clerk or Town Administrator are authorized to use any lawful method of collecting fines, fees, default judgments, personal recognizance bond forfeitures, and civil penalties due from any person assessed such sums by the Municipal Court, including reasonable costs of collection. The Town shall be entitled to receive the reasonable costs of collection in addition to the amounts otherwise due, and interest at the statutory rate for unpaid civil judgments. Reasonable costs of collection shall include, without limitation, the fees and costs of the Town Attorney or of private counsel or a collection agency, but such fees and costs shall not exceed twenty five percent (25%) of the amount collected. (Ord. 464, 8-21-2018; amd. Ord. 531, 5-2-2023)

Parking zones within the corporate limits of the town shall be established by the posting of parking time limit signs. (Ord. 431, 5-3-2016; amd. Ord. 507, 6-1-2021)

It shall be unlawful to park a motor vehicle or any other mode of conveyance within such parking limit zones in excess of the time posted on such signs during the hours specified on said signs. (Ord. 431, 5-3-2016; amd. Ord. 507, 6-1-2021)

The board of trustees, acting by resolution, shall adopt and from time to time amend, as the board shall determine, a schedule of parking fees and fines for nonpayment or violation thereof. The operator or owner of any motor vehicle or any other type of vehicle or mode of conveyance violating the provisions of this chapter or failing to pay the required parking fees shall be liable for the full amount of the fee and applicable fine and any costs of collection of the same. (Ord. 431, 5-3-2016; amd. Ord. 507, 6-1-2021)

Violations of this chapter are traffic infractions, and no incarceration may be imposed for violation thereof. The town may utilize photo machines, personnel, or one (1) or more independent contractor(s) in its sole discretion for enforcement including, the issuance of parking ticket citations. The town may, in addition to enforcement by appropriate municipal court order, employ independent contractors or a collection agency or agencies to collect delinquent unpaid parking fines. (Ord. 431, 5-3-2016; amd. Ord. 507, 6-1-2021)

   BUS: Every motor vehicle designed for carrying more than seven (7) passengers and used for the transportation of persons for compensation.

   COMMERCIAL VEHICLES: Every vehicle designed, used or maintained primarily for the transportation of property.

   SCHOOL BUS: Every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from any school or privately owned and while being operated primarily for the transportation of children to or from any school.

   SEMI-TRAILER: Every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle.

   TRUCK: Any motor vehicle which is used for the transportation or delivery of goods with a body built and designed for that purpose. (Ord. 117, 11-6-1974)

No person shall operate or drive a commercial vehicle, truck, bus or semi-trailer on Mount Vernon Avenue or Stone Street within the corporate limits of the Town which has more than a ten thousand (10,000) pound gross weight. (Ord. 117, 11-6-1974)

The terms and provisions of this Chapter shall not apply to any vehicle defined herein which is traveling upon Stone Street or Mount Vernon Avenue to make a local delivery to a home, residence or business within the Town or to any vehicle which is driven by a resident of the Town traveling to or from his home located within the Town limits, nor to a "school bus" as defined herein, nor to an authorized emergency vehicle. (Ord. 117, 11-6-1974)

Every person convicted of a violation of the provisions stated in this Chapter shall be subject to penalty as provided in Section 1-4-1 of this Code. (Ord. 117, 11-6-1974; amd. Ord. 261, 4-16-1996)

The following terms shall apply to this chapter as written unless context indicates or requires a different meaning:

 

 

Any person operating a commercial vehicle or vehicle combination over thirty-five (35) feet in length on any roadway within the town shall equip said vehicle with tire chains or alternate traction control devices when the requirement for same is posted by signage erected by the state of Colorado.

Penalty: Violation of this section is a traffic offense. Upon conviction in the municipal court, the penalty for the same shall be five hundred dollars ($500.00). (Ord. 488, 3-3-2020; amd. Ord. 501, 11-17-2020; Ord. 506, 6-1-2021)

When any person operating a commercial vehicle or vehicle combination over thirty-five feet in length on any roadway within the town fails to equip said vehicle with tire chains or alternate traction control devices as required by Section 6-4-2, and the result of said violation is an incident that causes the closure of a travel lane in one or both directions, it is a violation of this Section.

Penalty: Violation of this section is a traffic offense. Upon conviction in the municipal court, the penalty for the same shall be one thousand five hundred dollars ($1,500). (Ord. 488, 3-3-2020; amd. Ord. 501, 11-17-2020)

As used within this chapter the following words and terms shall have the following meaning except where otherwise specified:

   A.   Automated Vehicle Identification System includes a system to detect traffic violations imposed by traffic signals or traffic signs, and/or a system used to detect violations of a bus lane or bicycle lane restrictions. The term includes a system whereby:

      1.   A machine is used to automatically detect a violation of a traffic regulation and simultaneously record a photograph of the vehicle, the operator of the vehicle, and the license plate of the vehicle; and

      2.   A notice of violation or civil penalty assessment notice may be issued to the registered owner of the motor vehicle.

   B.   Notice of Violation shall mean a notice mailed via first class mail or personally served to a registered owner of a vehicle involved in any traffic violation detected by an automated vehicle identification system advising that the violation has been detected, or a similar notice mailed to the operator of the vehicle identified by a registered owner of said vehicle.

   D.   Residential Neighborhood means any block on which a majority of the improvements along both sides of the street are residential dwellings and the speed limit is thirty-five (35) miles per hour or less. (Ord. 540, 2-6-2024)

   A.   If the Town detects any alleged violation of a county or municipal traffic regulation or traffic violation under state law through the use of an automated vehicle identification system, then the Town shall issue, or cause its vendor to issue, to the registered owner of the motor vehicle involved in the alleged violation, by first-class mail or personal service, a Notice of Violation.

   B.   The Town may only issue a Notice of Violation for violations that occur:

      5.   Along a street, or portions of a street, which the Town designates as an automated vehicle identification system corridor as set forth in Section 6-5-5.

   C.   The Notice of Violation must be served:

      1.   Within thirty (30) days after the alleged violation if the motor vehicle involved in the alleged violation is registered in the state; or

      2.   Within sixty (60) days after the alleged violation if the motor vehicle involved in the alleged violation is registered outside the state.

   D.   The Notice of Violation must contain:

      1.   The name and address of the registered owner of the motor vehicle involved in the alleged violation;

      2.   The license plate number of the motor vehicle involved in the alleged violation;

      3.   The date, time, and location of the alleged violation;

      4.   The amount of the civil penalty prescribed for the alleged violation;

      5.   The deadline for payment of the prescribed civil penalty and for disputing the alleged violation; and

      6.   Information on how the registered owner may either dispute the alleged violation at a hearing or pay the prescribed penalty.

   E.   To protest a Notice of Violation, the registered owner must request, in writing, a hearing to dispute the alleged violation. The deadline to request a hearing to dispute the Notice of Violation must be at least forty-five (45) days after the date of the Notice of Violation. At hearing, the Town may not require the registered owner to disclose the identity of the driver of the vehicle who is detected through the use of the automated vehicle identification system but may require the registered owner to submit evidence that the owner was not the driver at the time of the alleged violation. (Ord. 540, 2-6-2024)

      1.   For a speeding violation of less than ten (10) miles per hour over the reasonable and prudent speed under a county or town traffic regulation or under state law through the use of an automated vehicle identification system, the violation shall be cited as follows:

         a.   For the registered owner's first offense, a written warning with no penalty or surcharge; and

         b.   For the registered owner's second or subsequent offense, a Notice of Violation.

      2.   For a speeding violation of more than ten (10) miles per hour over the reasonable and prudent speed under a county or town traffic regulation or under state law through the use of an automated vehicle identification system, the Town shall issue the registered owner a Notice of Violation.

   B.   Civil Penalty. The maximum civil penalty for a speeding violation under this Section, including any surcharge, is forty dollars ($40.00), unless the violation is within a school zone, in which case the maximum penalty shall be eighty dollars ($80.00). However, a violation that occurs within a maintenance, construction, or repair zone designated pursuant to C.R.S. § 42-4-6 I 4 may be subject to a civil penalty of eighty dollars ($80.00).

   C.   Signage. The Town shall place an appropriate temporary or permanent sign in conspicuous place not fewer than three hundred feet (300') before the area in which the automated vehicle identification system is to be used to notify the public that an automated vehicle identification system is in use immediately ahead. (Ord. 540, 2-6-2024)

   A.   If the Town detects a violation of a municipal traffic regulation or traffic violation under state law for disobedience to a traffic control signal through the use of an automated vehicle identification system, the maximum penalty, including any surcharge, is seventy-five dollars ($75.00).

   B.   The Town shall not use an automated vehicle identification system designed to detect disobedience to a traffic control signal or other violation of a local traffic ordinance unless the Town posts a sign notifying the public that an automated vehicle identification system is in use immediately ahead. Such sign shall:

      1.   Be placed in a conspicuous location not less than two hundred feet (200') and not more than five hundred feet (500') before the automated vehicle identification system; and

   A.   Pursuant to C.R.S. § 42-4-1 I 0.5(2)(g)(I), the Town identifies the following corridors as automated vehicle identification system corridors:

      1.   The eastbound and westbound lanes of Bear Creek A venue at Mt. Vernon Avenue.

      2.   The eastbound and westbound lanes of Highway 74 at Mile Marker 18 (Red Rocks Entrance 3).

      3.   The northbound and southbound lanes at Highway 8 at Summer Street.

   B.   Prior to using an automated vehicle identification system on an automated vehicle identification system corridor, the Town shall post a permanent sign not fewer than three hundred feet (300') before the beginning of such corridor and a permanent sign not fewer than three hundred feet (300') before each camera within the corridor or a temporary sign fewer than three hundred feet (300') before any mobile camera.

   C.   The Town shall illustrate, through data collected within the past five (5) years, incidents of crashes, speeding, reckless driving, or community complaints on the streets designated as an automated vehicle identification system corridor.

   D.   The Town will coordinate with the Department of Transportation and Colorado State Patrol in designated corridors.

   E.   The Town will publish a report on its website disclosing the number of citations and revenue generated by the automated vehicle identification system corridor.

   F.   The Town shall not locate an automated vehicle identification system corridor on any highway that is part of the federal interstate highway system. (Ord. 540, 2-6-2024)

   A.   If the Town has not received the prescribed civil penalty or written notice requesting a hearing to dispute the alleged violation by the deadline provided in the Notice of Hearing, then the Town shall issue, or cause its vendor to issue, a Civil Penalty Assessment Notice to be served on the registered owner either by first-class mail or personal service.

   B.   The Civil Penalty Assessment Notice shall contain:

      1.   The name and address of the registered owner of the motor vehicle involved in the alleged violation;

      2.   The license plate of the motor vehicle involved in the alleged violation;

      3.   The date, time, and location of the alleged violation;

      4.   The amount of the civil penalty prescribed for the alleged violation;

      5.   The deadline for payment of the prescribed civil penalty; and

      6.   Information on how to pay the prescribed civil penalty.

   C.   If the registered owner fails to pay the full prescribed civil penalty by the deadline stated in the Civil Penalty Assessment Notice, a final order of liability shall be entered against the registered owner of the vehicle. The final order must be personally served to the registered owner. Final orders of liability may be appealed as to matters of law and fact to the Jefferson County Court.

   D.   The Town may initiate or pursue a collection action against the registered owner of a motor vehicle for debt resulting from the final order of liability.

   E.   The Town shall not report to the Department of Transportation any conviction or entry of judgment against a defendant for a violation of a municipal traffic regulation or traffic violation under state law if the violation was detected through the use of an automated vehicle identification system.

   F.   If the registered owner fails to pay the full prescribed civil penalty, the Town shall not attempt to enforce the penalty by immobilizing the registered vehicle owner's vehicle. (Ord. 540, 2-6-2024)

No portion of any fine collected through the use of an automated vehicle identification system may be paid to the manufacturer or vendor of the automatic vehicle identification system equipment. The compensation to such vendor by the Town shall be based on the value of such equipment and the value of any services provided and may not be based on the number of traffic citations issued or the revenue generated by such equipment or services. (Ord. 540, 2-6-2024)

   A.   The Town shall:

      1.   Program the automated vehicle identification system to retain data only when a violation of a county or municipal traffic regulation or traffic violation under state law occurs;

      2.   Treat all photographs and video collected by the automated vehicle identification system as confidential and exempt from disclosure and inspection pursuant to the "Colorado Open Records Act" part 2 of Article 72, Title 24, C.R.S.;

      3.   Not use, disclose, sell, or permit access to photographs, video, or personal identifiable data collected by the automated vehicle identification system except to the extent necessary to operate the program, including for purposes of processing violations, for other law enforcement purposes, for transferring data to a new vendor or operating system, or, pursuant to a court order, for use in unrelated legal proceedings; and

      4.   Destroy any photographs and video of a violation collected by the automated vehicle identification system within three (3) years after the final disposition of the violation unless the photographs or video are maintained in a separate system for other purposes allowed by law. (Ord. 540, 2-6-2024)

   A.   Permitting Tree Limbs To Overhang Public Ways: It shall be unlawful for any person who owns or occupies any dwelling house, business place or other property, vacant or occupied, within the corporate limits of the town, to permit broken or dead tree limbs to overhang any public way within the town including streets, highways, sidewalks and alleys in such a manner as to present a hazard or danger to any persons or vehicles of any kind traveling over and upon such public ways or to maintain or permit any shrubbery or trees to grow in such a manner as to obstruct the vision of any persons traveling upon such public ways or present any hazard to any person or vehicle of any kind traveling upon such public ways. (Ord. 99, 1-13-1971)

   B.   Removal By Owner After Notice: Any owner or occupant of any dwelling house, business or other property, vacant or occupied, located within the town, shall, within fifteen (15) days after receipt of notice from the town police chief, either by personal service upon them or after receipt of a certified letter advising them that any tree or shrub is being maintained in violation of the provisions of this section, remove or correct such tree or shrub so as to not be in violation of the provisions of this section as set forth in the notice given to them. (Ord. 417, 4-7-2015)

   C.   Violation; Penalty: Upon conviction for the violation of this section the person so convicted shall be subject to penalty as provided in section 1-4-1 of this code, and every day of such violation shall be considered as a separate offense under the terms of this section. (Ord. 99, 1-13-1971)

Each house, building or structure, except detached accessory use structures, shall have the number designated, in accordance with this chapter, displayed above or near the primary door or access point and the door or access point nearest an emergency fire lane, if served by a fire lane. The owner or occupant shall place numbers in accordance with this chapter. (Ord. 203, 12-2-1987)

The town administrator, or a designated representative of the town administrator, shall assign the proper number for all houses, buildings or structures and the names of all streets, in accordance with this chapter. (Ord. 203, 12-2-1987; amd. Ord. 420, 6-2-2015)

All numbering and renumbering of houses, buildings and structures and naming and renaming of streets shall be done in a manner consistent with the metropolitan grid system and in accordance with the Jefferson County metropolitan street guide. The town administrator or a designated representative may adopt guidelines and policies for numbering or renumbering not inconsistent with the grid system and street guide. (Ord. 203, 12-2-1987; amd. Ord. 420, 6-2-2015)

The town administrator or the official designated by the town administrator shall maintain the official record of the proper numbers assigned and available to all houses, buildings and structures. (Ord. 203, 12-2-1987; amd. Ord. 420, 6-2-2015)

In all cases in numbering, where there is a mistake, conflict or incorrect numbering for any reason or where numbering varying from the general terms of this chapter is necessary, the town administrator or a designated representative shall direct and make the correction or adjustment in numbering in accordance with the provisions of this chapter. (Ord. 203, 12-2-1987; amd. Ord. 420, 6-2-2015)

   A.   Time For Compliance: The owner/occupant of any house, building or structure shall, within one hundred twenty (120) days of receipt of written notice, cause the proper number to be placed on a house, building or structure owned or occupied by her/him.

   B.   Use Of Designated Number Required: It is unlawful for an owner or occupant to permit to be retained or used upon any house, building or structure any number other than the number designated in accordance with this chapter. (Ord. 203, 12-2-1987)

Numbers shall be in arabic numerals placed in a conspicuous position above or near the primary entrance of each house, building or structure and shall be visible from the front of the building and at the rear of each house, building or structure where there is access to the rear from an emergency fire lane. (Ord. 203, 12-2-1987)

   A.   Signage Required: All private roadways servicing numbered houses, buildings or structures shall be named and marked with appropriate street signs, located at the intersection of such private roadway with another private roadway or with a public roadway.

   B.   Sign Standards: It shall be the duty of the owner or owners of such private roadway to erect and maintain the signs in accordance with standards adopted by the board of trustees for signs on public roadways. (Ord. 203, 12-2-1987)

In all cases where a street has been renamed or renumbered by action of the board of trustees, it shall be the duty of the town administrator or the official designated by the town administrator to adjust and rename or renumber such streets. (Ord. 203, 12-2-1987; amd. Ord. 420, 6-2-2015)

Any person who violates or fails to comply with any provision of this chapter shall be subject to penalty as provided in section 1-4-1 of this code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation continues shall constitute a separate offense. (Ord. 203, 12-2-1987; amd. Ord. 261, 4-16-1996)

The purpose of this Chapter is to designate certain land, deeded to the Town by Jefferson County, as a Municipal park and open space under the provisions of Colorado Revised Statutes 31-25-301 et seq., and to establish regulations governing the use of this park and to make certain conduct within the park unlawful. (Ord. 146, 3-4-1981)

The area known as Mount Falcon Park, deeded to the Town by commissioners deed executed April 2, 1980 by Jefferson County, Colorado, and more particularly described in Exhibit A attached to Ordinance 146 on file in the office of the Town Clerk, which description is incorporated by this reference, is hereby designated a Municipal park and open space of the Town. All references in this Chapter to "Mount Falcon Park", "the park" or "park lands" refers to the described area. (Ord. 146, 3-4-1981)

         a.   To enter, use or occupy Mount Falcon Park, or any portion thereof, during the time such Park or any portions thereof are closed to entry, use or occupancy.

         b.   To enter, use or occupy the park lands between the hours of eleven o'clock (11:00) P.M. and five o'clock (5:00) A.M. except when such entry, use or occupancy is authorized in writing by the Mayor of the Town or such other official as he may designate.

         b.   To camp, or to park a trailer or camper in such a designated area for a period of time in excess of the posted or permitted limits.

         b.   To turn livestock onto or to suffer or permit livestock to graze upon any park lands without written permission from the Mayor of the Town or such other official as he/she may designate.

         a.   To swim or wade in, or to float upon by the use of any boat or other flotation device, any park waters which are closed to such use.

      13.   Hazardous Activities: For any person to engage in any activity on any park land which constitutes a hazard to the safety of other persons, except in areas where such activity is specifically authorized.

      14.   Commercial Activities: To conduct any commercial activity or provide any service product or activity for which a fee is charged, on any park lands, except when such activity is authorized in writing by the Mayor of the Town or such other official as he/she may designate.

   B.   Exemptions: These regulations shall not be applicable to nor prohibit any act by any officer or employee of the Town who is engaged in the performance of any act within the scope of his/her employment. (Ord. 146, 3-4-1981)

Any person convicted of violating any of the provisions of this Chapter shall be subject to penalty as provided in Section 1-4-1 of this Code.

As used herein terms shall have the following meanings:

   PERSON: Any individual, firm, partnership, special, general or metropolitan district; corporation, municipality other than the Town, or a company or organization of any kind.

   PUBLIC WAY: Any public street, way, place, alley, sidewalk, easement, park, square, plaza and any Town-owned right-of-way or any other public property owned or controlled by the Town and dedicated to public use.

   SPECIFICATIONS: Engineering regulations, construction specifications and design standards adopted by or approved for use by the Town.

   SUPERINTENDENT: The Superintendent, Director or Manager of Public Works.

   TOWN: The Town of Morrison, Colorado.

   WORK IN A PUBLIC WAY: Means, but is not limited to, construction of or within, streets and other public ways and all related appurtenances, including, without limitation, curb or gutter, sidewalks, driveway openings, bus shelters, benches or loading pads, street lights or traffic signal devices. It shall also mean installation, construction, maintenance, replacement, and repair of all underground structures such as pipes, conduits, service, collection or distribution lines, ducts, manholes, vaults, buried cables, wire, or any other similar structures located below the surface of any public way, and installation, construction, maintenance, replacement, and repair of above ground poles, lines, wires, cables or other similar structures and appurtenaces used for any purpose.

   A.   No person shall perform work in a public way of the Town without first obtaining a permit from the Town. Work within a State highway will require both a State and Town permit.